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HomeMy WebLinkAboutPACIFIC ADVANCE CIVIL ENGINEERING SERVICE INC - 2006-10-16 } C Council/Agency Meeting Held: (� Deferred/Continued to: WApproved ❑ Conditionally Approved 0 Denied City CI r 's Sig tune Council Meeting Date: 10/16/2006 Department ID Number: PW 06-066 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOP CULB T' rFT, Ad inlstrator PREPARED BY: ROBERT F. BEARDSLEYtor P Iic,Works SUBJECT: Award Contract.for the Talbert Lake Diversion Project to Pacific Advance Civil Engineering, Inc. Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis; Environmental Status,Attachment(s) Statement of Issue: The City of Huntington Beach applied for and! received a' $2,326,000 competitive Proposition 13 Grant.(Grant) from the State of California (State)for a project that will divert and treat urban runoff into Talbert Lake. Fundinq Source: Funds in the amount of $840,000 are budgeted in the Water Quality Grant Fund, Talbert Lake Diversion, Drainage Improvements, 89288005.82500. The State of California awarded $2,326,000 and an EPA grant for $300,000 provides matching funds for this phase of the project. An additional appropriation from the Water Quality Grant Fund in the amount of $350,000 is requested to cover contract and project management costs. Offsetting revenue of $350,000 from the State of California should be budgeted. Recommended Action: Motion to: 1. Approve and authorize the Mayor and City Clerk to execute the professional services ' contract between the City of Huntington Beach and Pacific Advance Civil Engineering, Inc. for Engineering Services related to the Talbert Lake Runoff Diversion Project in the amount of $1,171,600; 2. Approve an increase in the amount of professional services budgeted for'this project to a total of $1,171;600; and 3. Appropriate $350,000 from the Water Quality Grant Fund undesignated fund balance 892.31100 and add $350,000 to the estimated revenue from the State of California. Alternative Alternative Action(s): 1. Direct staff not to award the contract to PACE. This action could result in the forfeiture of $2,326,000 Proposition 13 Grant funds for the Talbert Lake Diversion Project. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 10/16/2006 DEPARTMENT ID NUMBER: PW 06-066 Analysis: Background: The Talbert Lake Diversion Project would divert approximately 3 million gallons per day (mgd) of urban runoff from the East Garden Grove Wintersburg Channel (EGGWC),,through pre-treatment devices, and into a 15-acre area in Central Park for treatment to remove numerous pollutants, thereby significantly reducing pollutant loading to the coastal receiving waters. Project components will include a channel diversion structure, pump station, control system, existing pipeline inspection and rehabilitation, additional conveyance piping, pretreatment, Natural Treatment System (NTS), Talbert Lake rehabilitation, groundwater recharge enhancements, an educational exhibit and monitoring. Other Issues: . On August 2, 2004, the City Council authorized the Public Works Director to enter into the Proposition 13 Nonpoint Source Pollution Control Grant Agreement. Since the agreement includes language and terms that expose the. City to some fiscal liability, additional City Council direction was requested and granted in June 2005. The following summanzes,the issues that were approved last,year. The two items of concern with the agreement are as follows: 1. The Agreement Term According to the agreement, the project completion date is March 31, 2007. Staff has been given verbal approval for a one-year extension. Because of the complexities inherent in this project, the new completion deadline of March 31, 2008 will be challenging to meet. The `scope of work, sensitive environmental area involved, and the necessary multi-agency agreements that include maintenance commitments will necessitate a concerted staff effort and cooperation from benefiting'agencies in the watershed. 2. The Termination Clause Condition 29 of the Agreement reads: "This Grant Agreement may be terminated by written notice...prior to, completion of the Project...upon violation by the Grantee of any material provision...after*failure of the Grantee to bring itself Jnto compliance with the provisions of this Agreement within a reasonable time... In the event of such termination, the Grantee agrees...to immediately repay.to the SWRCB an amount equal to the amount of grant funds disbursed..." Although the City has no intention of violating any part of the agreement, concerns exist that the word "violation" is undefined. For example, a project schedule with due dates is included in the agreement and it could be interpreted that missing any project schedule due date, or not completing the entire project by March 31, 2008, would result in a violation. While Board -2- 10/3/2006 2:16 PM REQUEST FOR CITYCOUNCIL ACTION . MEETING DATE: 10/16/2006 DEPARTMENT ID NUMBER: PW 06-066 staff -indicated that they have not required repayment of distributed funds based on a violation of this clause in the past, there is no way to get a conclusive answer to this question in advance. Staff discussed the potential risk associated with the agreement term and termination clause with the City Council Water Quality Sub-committee on July 6, 2006.1 The Sub-committee's recommendation was to proceed with the grant and project and keep them informed of any issues or necessary City Council. intervention. In accordance with Municipal Code Chapter 3.03, a Request for Proposals was sent to six engineering firms. PACE, along with two other firms, responded to the Request for Proposals. After an analysis of each firm's experience and proposed scope of work, PACE was selected as best qualified to carry out the project. The project scope includes conceptual design, site assessment, preliminary engineering, environmental documentation, regulatory permitting and final construction documents and will take approximately two years. Public Works Commission Action: Not required.. Environmental Status: All required environmental analysis for this project will be accomplished once the project is funded and upon design completion. Attachment(s): City Clerk's . - Number No. Description 1. Professional services contract between the City of Huntington Beach and Pacific Advance Civil Engineering, Inc. for Engineering Services related to the Talbert Lake Runoff Diversion Project 2. 1 Fiscal Impact Statement Water Quality Fund (8.92 f -3- 10/3/2006 216 PM ATTACHMENT # 1 CITY OF HUNTIN,GTON BEACH Professional Service Contracts Purchasing Certification 1. Date: October 3, 2006 2. Department: Public Works 3. Requested by: G. Lucas/D. Erdman 4. Name of consultant. PACE (Pacific Advanced Civil Engineering, Inc.) 5. Attach the written statement of the specification, conditions and other requirements-for the requested services that was provided to solicited consultants in your answer to 11 of this form. 6. Amount of the contract: $1,171,600.00 7. Are sufficient funds available to fund this contract?' ❑ Yes ® No 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ❑ Yes ® No 9. Company number and object code where funds are budgeted: 89288005'.82500 10. Is this contract less than $50,000? ❑ Yes ® No 11. Does this contract fall within $50,000 and $100,000? ❑ Yes �1 No 12. Is this contract over$100,000? -® Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk...-Make . sure the appropriate signature page is attached to contract.). 13. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 14. Attach list of consultants from who proposals were requested (including a contact telephone number). See Attached List of Consultants 15. Attach proposed scope of work. See Attached Exhibit"A" . 16. Attach proposed payment sedule. See Attached Exhibit"B" / Department Head Signat �R HARD AKAADRIL, Manager, Purchasing/Central Services 1. If the answer to this question is "No," the contract will require approval from the City Council. � � PROFESSIONAL SERVICES CONTRACT BETWEEN � ' THE CITY OF HUNTINGTON BEACH AND PACIFIC ADVANCE CIVIL ENGINEERING, INC. FOR, ' ENGINEERING SERVICES RELATED ll)THE TALBERTLAKE RUNOFF,DIVERSION P{l(]JBCI ' � � ' Table of Contents �l Scope of Services.....................................................................................................l � 2 City Staff Assistance----._---.---------_—.------_---...2- � 3 Term; Time of Performance ----_---------_---'-------_'.2 . , 4 Compensation --_---------_—_----_--..—'---------...2 5 Extra Work................................................................................................................2 6 Method of ----------.--.----..............................................2 � � � ' [)H�pr 7 � C�spos/bouofPlans, Estimates and ~..~. Documents ...........................................2 8 Hold Harmless .—_.------.-----,--.----------'--'—'. ' 9 Pcobeoak)ua| Liability looucazce .—'-----.— -------'----..---3 � � 10 Certificate of Insurance... ...............................................................:.........................4 ` I Independent Cootcactnr-------_''.. ............................................................5 ` 12 Termination o[Agreement........................................................................................5 � ` 13 Assignment and Delegation............................................................'�--.------.5 l4 ' � ` �vp�/���,u*r�u�,c`--------.----------^—^--.�--._---._ ' � lj City Employees and Officials..................................................................................6 ~16 Notices..........,............................,................—...�-,�.���..�����.�.�����-6 ' � 17 Consent .....................................................................................................................b ' �l —.------_—_--,—' ---._--'_-----_-----'6 ' ! � ' . �V ----.--------------------'--'_---.7 � 20 Interpretation of this Agreement._—.-------------.---------7 � Duplicate 21 ' —_-------:----------'--._--------7 �� Immigration� - ` ` � ' ' ----.------'----_'8 � � '—'---------' ' —' — — 23 Legal Services Subcontracting Prohibited.................................................................8 24 Fees..........................................................................................................8 � . 25 Survival........................................................................................... ..........................8 ' 26 Governing Law............................................................................................................0 27 Entirety� _--------_--.—'.------------_—.—'--.—_.8 . ' � ` � � ` ' � � � � , � � ` � PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC ADVANCED CIVIL ENGINEERING, INC. FOR ENGINEERING SERVICES RELATED TO THE TALBERT LAKE RUNOFF DIVERSION PROJECT THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and PACIFIC ADVANCED CIVIL ENGINEERING, INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide civil engineering services related to the Talbert Lake Runoff Diversion Project; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating.to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in CONSULTANT'S proposal dated May 19, 2006, a copy of which is attached hereto as.Exhibit "A" and incorporated by this reference as though fully set forth herein. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Bruce Phillips, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 067319/4707 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire September 30, 2009, unless sooner terminated as provided herein. The time for performance of the tasks identified in the Scope of Services are generally to be shown in the Scope of Services. This schedule maybe amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay,CONSULTANT on a time and materials basis at the rates specified in Exhibit "A" a fee based, including all costs and expenses, not to exceed One Million One Hundred Seventy-One Thousand Six Hundred Dollars ($1,171,600.00). 5. EXTRA WORK In the event CITY requires additional services not included in the Scope of. Services or changes in the scope of services described in the Scope of Services CONSULTANT will undertake such work only after receiving written authorization .from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms set forth in Exhibit "B." PACE-Talbert Diversion Project 2 i i 7.- DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without .limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters.and other documents, shall belong to CITY, and CONSULTANT shall turn-these materials over to CITY upon expiration or`termination 'of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, demands and defense costs (including withoa limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT'S performance of this Agreement or its , failure-to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or,willful misconduct of CITY. .CONSULTANT will conduct all defense at its sole cost and expense, and CITY shall approve selection of CONSULTANT'S counsel. This indemnity shall apply to, all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the'amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's PACE-Talbert Diversion Project 3 professional liability in an amount not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims-made policy shall be acceptable if the.policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required ,extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting,provision ` of at least..two (2) years to report claims arising from work performed in connection with this r, Agreement. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended''voided or canceled by either party, reduced in coverage or in limits except after thirty (N) PACE-Talbert Diversion Project 4 days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the Work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand`the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any, and all payment of all taxes; social security, state disability insurance compensation; unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12., TERMINATION OF AGREEMENT All work required hereunder shall be .performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, PACE-Talbert Diversion Project' 5 report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 1�. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person.or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. .15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any, financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given,either by personal ,delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONSULTANT, by notice given hereunder, may designate PACE-Talbert Diversion Project. 6 different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: TO CONSULTANT: City of Huntington Beach Bruce Phillips ATTN: Director of Public Works Pacific Advanced Civil Engineering, Inc. 2000 Main Street 17520 Newhope Street, Suite 200 Huntington Beach, CA 92648 Fountain Valley, CA 92708 - rjy, & 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 118. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any I I I PACE-Talbert Diversion Project 7 I provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside PACE-Talbert Diversion Project g I I the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or i PACE-Talbert Diversion Project 9 circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibit, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through'their authorized officers on ��7-o,a -�2 lb , 2066 PACIFIC ADVANCED CIVIL CITY OF HUNTINGTON BEACH,, a - ENGINEERING, INC., a California municipal corporation of the Stateof corporation California , Mayor . Bruce Phillips Senior Vice President Alglel AND ity Clerk APPROVED AS TO FORM: By: Ih i Bou tin ouseief Financi Officer City Attorne REVIEWED AND APPROVED: l INITIATED AND APPROVED: . 2 - C'ty Administrator Director of ublic Works 06-319/4707 10 TALBERT LAKE DIVERSION PROJECT PACE WORK PROGRAM OUTLINE Work Item Description PHASE-1 BASELINE Al /SITE ASSESSMENT 1.AGENCY/STAKEHOLDER CONSULTATION /COORDINATION 2. RESEARCH AND DATA COLLECTION 3. TOPOGRAPHIC FIELD SURVEY AND MAPPING 4. UTILITY INVESTIGATION AND NOTIFICATION 5. RECONNAISSANCE LEVEL BIOLOGICAL ASSESSMENT 6. GEOTECHNICAL/ HYDROGEOLOGICAL STUDY PHASE 2- PRELIMINARY ENGINEERING AND DESIGN REPORT 1. DESIGN CONSTRAINT IDENTIFICATION 2. BASELINE HYDROLOGY/ HYDRAULICS 3.WATER QUALITY TREATMENT ASSESSMENT 4. CONCEPTUAL ALTERNATIVE WETLAND GRADING/LAYOUT 5. PRELIMINARY CHANNEL DIVERSION ANALYSIS 6.-PUMP STATION EVALUATION 7. LAKE RESTORATION DESIGN 8.ADDITIONAL.PARK WATER FEATURE &AESTHETIC TREATMENTS 9.ALTERNATIVE SCREENING AND FEASIBILITY EVALUATION 10. DRAFT-MAINTENANCE AND MANAGEMENT PLAN 11. PRELIMINARY ENGINEERS CONSTRUCTION COST ESTIMATE 12. PRELIMINARY DESIGN REPORT AND FACILITY LAYOUT PLAN PHASE 3 WENVIRONMENTAL DOCUMENTATION AN'D RE-GULATORY PERMITTING 1. PROJECT INITIATION 2. PROJECT SCOPING 3. TECHNICAL STUDIES 4. PREPARATION OF DRAFT MND 5. FINAL MND 6. COORDINATION AND MEETING ATTENDANCE 7. JURISDICTIONAL DELINEATION 8. PRE-APPLICATION MEETING 9. U.S. ARMY CORPS OF ENGINEERS 404 PERMIT APPLICATION 10. CDFG 1602 PERMIT APPLICATION 11. SANTA ANA RWQCB SECTION 401 CERTIFICATION PHASE 4- FINAL ENGINEERING -CONSTRUCTION DOCUMENTS 1.WETLAND GRADING PLAN 2. PLANTING AND IRRIGATION PLANS 3. CHANNEL DIVERSION STRUCTURE 4. FORCE MAIN and PUMP FACILITIES 5. LAKE RESTORATION AND CIRCULATION /TREATMENT FACILITIES 6.ADDITIONAL PARK WATER FEATURES/AESTHETIC TREATMENTS Page 1 TALBERT LAKE DIVERSION PROJECT PACE WORK PROGRAM OUTLINE Work Item Description 7. QUANTITY AND COST ESTIMATE 8. CONSTRUCTION PERMITTING 9. SPECIFICATIONS 10. FINAL ENGINEERING DESIGN REPORT 11. DESIGN SUBMITTAL REVIEW MODIFICATIONS AND FINAL CONTRACT DOCUMENT 12. FINAL- OPERATION/MAINTENANCE AND MANAGEMENT PLAN PHASE S- POST DE�SIG'N /CONSTRUCTION SERVICES 1. BID ASSISTANCE 2. RFI/SHOP DRAWING REVIEW 3. CONSTRUCTION OBSERVATION 4. PUNCH LIST AND AS-BUILT REVIEW PHASE 6- POST CONSTRUCTION SERVICES 1. QAPP AMENDMENT FOR PERFORMANCE MONITORING (POST CONSTRUCTION) 2. POST DESIGN PROJECT REPORT (DRAFT AND FINAL) 3. EDUCATIONAL EXHIBIT ADMINISTRATIVE ITEMS A.1 PUBLIC MEETINGS AND PRESENTATIONS A.2 CITY PROJECT MEETINGS A.3 AGENCY MEETINGS AND COORDINATION A.4 ADDITIONAL TECHNICAL CONSULTATION AND COMMUNICATION Page 2 EXHIBIT "A" SCOPE OF ENGINEERING SERVICES Talbert Lake Diversion Project #8391 EP Revised May 19, 2006 The Client and the Consultant for mutual consideration hereinafter set forth, agree as follows: A. Consultant agrees to perform the following services: Phase 1 —Baseline Data Inventory/Site Assessment TASK 1.1 —Agency/Stakeholder Consultation/Coordination Perform initial meeting and consultation with the project agency/stakeholders to understand the critical issues and project objectives. TASK 1.2—Research and Data Collection Provide the services to collect and review existing background data related to technical information necessary to develop the foundation for project formulation related to (1) engineering data, (2)environmental background information, (3) design and plan production data, (4) physical constraints, (5) project design objectives, (6) regulatory controls, (7) overall park master plan and background. The data will be reviewed and project database compiled, including the identification of project data "gaps" for information required from the City. Technical background data will be collected related to (1) hydrology, (2) adjacent channel facilities, (3) wetland design information, (4) biological and habitat data, (5) water quality, (6) groundwater, and (7) existing public facilities. TASK 1.3— Topographic Field Survey and Mapping Topographic Survey — Natural Treatment Area/Talbert Lake: Prepare a 1"=40' scale aerial topographic map, with 1-foot contour intervals, of the area defined in the RFP as the Natural Treatment Area (15 acres) and the Talbert Lake Area (7 acres). Work includes setting and control of aerial targets, flight, photography and map compilation. The work also includes an additional 40 hours of field crew time for ground design topographic shots in areas obscured by trees and brush. Included in the survey is the location and identification of existing street improvements, drainage structures, fire hydrants, utility facilities, signs, street lights, etc., and other appurtenant improvements in the area. TASK 1.4— Utility Investigation and Notification Determine the available information related to potential existing utilities within the project area or future utility projects that may be impacted and coordinate with the utility owners. The initial research will include notification of the potentially affected utility companies and researching available plan information and ownership information which will be incorporated into the project plan view "base sheet" database. The proposed project design features will be coordinated with representatives of the utility companies to determine precise information on the location of the utility facilities, but specifically excludes potholing or field surveying location of any underground facilities. This includes research and review of data related to the abandoned pipeline which would be used for the diversion forcemain (this is the limit of investigation of the existing pipeline, video survey or hydraulic, if required, would be done aw a contract addendum.) City of Huntington Beach —Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391 EP Page 2 of 22 TASK 1.5-Reconnaissance Level Biological Assessment In support of the CEQA and regulatory permitting process, a reconnaissance level biological analysis will be completed for the areas within the project's area of influence for the park and channel. The area of influence include areas within the footprint of the proposed treatment wetland system and open water lake areas as well as the East Garden Grove Wintersburg Channel. The low-level assessment is intended to provide suitable information for the initial preliminary plan formulation and will be based on the existing biological database information and field investigation. The initial resource evaluation will include the following components: • Preliminary assessment of waters and wetlands under state and federal jurisdiction • Low-level mapping of vegetation communities within the area of influence • Initial database inventories of plant and wildlife species within the area of influence, including sensitive or endangered. TASK 1.6- Geotechnical Study A project specific geotechnical study and field investigation will be conducted which includes: (1) review of readily available background documents including topographic and geologic maps, published geotechnical literature, stereoscopic aerial photographs, in-house information, and other plans and/or reports provided by the City, (2) acquisition of site encroachment permits related to our subsurface exploration, if any, (3) geotechnical reconnaissance of the site to observe existing site conditions, to mark the proposed boring locations, and to coordinate with Underground Service Alert for underground utility clearance, (4) subsurface evaluation consisting of drilling, sampling, and logging of six (6) small-diameter exploratory borings to a depth of about 15 feet below the ground surface at proposed structure locations and six 96) Cone Penetrometer Tests (CPT), (5) conduct field percolation tests within the boreholes to evaluate the infiltration/permeability characteristics of near-surface soils within the proposed wetlands and open water areas, (6) laboratory testing of selected samples to evaluate in-place moisture and dry density, maximum dry density and optimum moisture content, gradation, Atterberg limits, direct shear strength, expansion index, consolidation, corrosion potential of the on-site soils, (7) Data compilation and geotechnical analysis of the field and laboratory data, including analyses to provide recommendations pertaining to the following: (a) construction suitability, (b) site geology, (c) expansion potential, (d) construction excavation and compaction requirements, (e) slope stability, (f) concrete structure requirements, (g) corrosion potential, (h) lake permeability and groundwater recharge potential and (8) preparation of a technical report summarizing the investigation and outlining recommendations relative to the geotechnical aspects of project design and construction. City of Huntington Beach—Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391 EP Page 3 of 22 Phase 2—Preliminary Engineering & Design Report TASK 2.1 —Design Constraint Identification Provide services to establish the project design constraints and objectives, including a review of specific design criteria to establish the technical foundation guiding the project formulation. The constraints will include the physical and regulatory items that will control the design. The rp olect guidance criteria will establish the baseline technical requirements controlling the design features and facilities to meet the various jurisdictional agency requirements. The various identified project objectives will be reviewed, as well as the project stakeholder interests. Design criteria will be developed for key parameters associated with wetland vegetation, lake operating levels, high flood flow hydraulics, makeup water, pump and dam operation, estimated groundwater recharge, season flow treatment volumes, and treatment processes (e.g., photodegradation, volatilization, adsorption to solids, biologic uptake). Design criteria will also be developed based on water treatment/lake operation requirements and the habitat replacement/restoration requirements. The objectives set to meet the goals of the stakeholders will be evaluated which include water quality treatment, environmental mitigation, park compatibility and operation, maintenance/operation, and community benefits. The review process includes presentation of the data compiled during the research and investigation phase identifying the potential design constraints. An evaluation of the proposed site will be performed to determine if there are any existing critical constraints or fatal project issues, which would preclude utilizing the site locations based upon the existing database of information determined. These physical constraints could be potentially existing toxic sediment, endangered species, funding constraints, property ownership, environmental concerns or right-of-way issues. TASK 2.2—Park Baseline Hydrology/Hydraulics Prepare baseline assessment of the local urban watershed area directly tributary to the park and the existing hydraulic operation of the inflow storm drains, channel systems (including the EGGWC, wetlands and lake areas/facilities. The hydrology will include a range of storm frequencies from the 2- through 100-year based on small area unit hydrograph analysis in order that hydrologic routing can be performed through the lake. HEC=HMS will be used to evaluate the hydrologic routing. Existing floodplain hydraulics will be performed for the park channel systems, portion of Slater Channel, and the EGGWC using HEC-RAS. Previously established hydrology from either the County of Orange or the City of Huntington Beach will be used for the baseline hydraulics. Also, the geometry of the existing channel systems for the hydraulic analysis will be based on existing as-built plans provided by the City or County. TASK 2.3— Water Quality Treatment Assessment Prepare a preliminary technical assessment of the anticipated water quality treatment requirements for different anticipated inflow volume and pollutant constituents. The acquired information from the City related to "dry weather" and nuisance flows within the EGGWC (EGGWC) and the adjacent park watershed will be used to assess water quality treatment requirement capabilities of the wetland systems. This analysis will provide the initial sizing requirements for the stormwater treatment function of the.wetland systems. Various empirical procedures and engineering analyses will be utilized to perform the initial treatment sizing and function of the wetlands. The water quality data sampling and testing program managed by the City from the EGGWC will be used to assess the potential pollutant removal capabilities. Analysis will be performed to evaluate different configurations of BMP systems which focus on natural treatment. Current research in naturalized water quality treatment will be applied based on access to research laboratories in the area focusing on test wetland systems through Regenerative Design Solutions, and the application of subsurface wetland water quality o p City of Huntington Beach—Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391 EP Page 4 of 22 treatment applications. This engineering analysis will provided a detailed assessment and estimate of the pollutant removals for different seasons and inflow amounts. TASK 2.4— Conceptual Alternative Wetland Grading/Layout/Hydraulics Develop different grading concepts which present alternative configurations and layouts for the proposed wetland "systems" that address (1) water quality treatment, (2) habitat mitigation, (3) park compatibility, and (4) physical/operational constraints. Preliminary grading configuration will focus on developing natural and geomorphic landforms that replicate the similar natural occurring hydraulic wetland systems or processes, rather than an engineered system. The preliminary layout will also be based on input from Regenerative Design Solutions utilizing current technology and design data for subsurface wetland treatment. A variety of issues will be addressed through plan formulation of the wetland grading alternative configurations which include: (1) flow distribution, (2) vegetation types distribution, (3) treatment and storage requirements, (4) integration of park accessibility, (5) buffer areas to limit public access, and (6) low flow and high flow floodplain or flow areas. The grading design will incorporate the ability to (1) control treatment volumes, (2) provide different terraces or tiers to establish vegetation hydroperiods, (3) vector control parameters that will be evaluated including seasonality of flows relative to mosquito breeding season, circulation, wind fetch, vegetation density, access for vegetation removal and/or application of chemical or biological controls, and predators. Wetland Hydraulics - Prepare preliminary level hydraulic analysis of the alternative wetland grading configurations in order to assess low-flow and high-flow drainage patterns. The hydraulic analysis will focus on (1) the flow distribution requirements based on gravity and stream cross sections through the wetland to ensure adequate flow supply, (2) identification of areas of potential erosion, (3) stagnation zones which may be potential vector issues, and (4) residence time for water quality treatment function. Preliminary hydraulics will include facility sizing and identification of minimum cross sections. The initial facility sizing will be based upon uniform depth analysis and the application of the appropriate design criteria. Flow control facilities within the wetland systems such as culverts, weirs, spillways, or other conveyance or hydraulic control systems will be initially sized for the hydrologic controls within the initial wetland grading design. Wetland Vegetative Planting - Develop the planting and biological requirements for alternative preliminary wetland configuration for maximizing water quality treatment as well as establishing riparian and wetland habitats. Vegetation design alternatives will be developed in conjunction with the grading plans and will depict proposed riparian and wetland planting zones, invasive species removal areas, and areas requiring temporary erosion control (e.g. hydroseeding). It is anticipated that the alternative preliminary vegetation designs will focus on variations in hydrologic, regime/hydroperiod and treatment type, and corresponding differences in habitat/vegetation types, quantities, and spatial layout. Typical cross section sketches depicting lower-, mid-, and upper-bank planting zones, and invasive species removal and erosion control treatments will be prepared to support the plan view drawings. Alternatives will be developed at a scale appropriate to communicate the physical relationships of the design elements. TASK 2.5—Preliminary Channel Diversion Analysis Develop preliminary alternative concepts for the gravity water diversion systems from the EGGWC which include alternative horizontal alignments and conveyance systems that addresses the hydraulic. sizing and collection, debris and sedimentation, operation and maintenance, and influence to existing channel flood protection levels. This analysis will include assessment of different locations for the diversion facility based on the baseline hydraulic operation of the existing channel and other physical constraints. The alternatives generated will City of Huntington Beach—Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391EP Page 5 of 22 be based upon a range of project objectives and constraints which can be screened to the most feasible alternatives. The channel diversion systems to be evaluated include (1) channel bottom interception "trench" type with grating system, (2) inflatable or removable barrier style diversion, or (3) hybrid variation of other conventional hydraulic systems. The analysis will evaluate the hydraulic operation of these systems, the hydraulic capacity and sizing requirements, preliminary layout, and facility requirements. The diversion facility will include the in-channel diversion or interception system, and conveyance piping to the pump station forebay. TASK 2.6—Pump Station and Force Main Evaluation Prepare an evaluation of the required preliminary design of the EGGWC diversion pump station and the existing force main delivery pipe system. Initial engineering hydraulic analysis of the proposed pump system will be performed to determine pump station layout, forebay configuration, maximum diversion flow, required pump head, and the system hydraulics. A hydraulic analysis will be performed on the existing force main to evaluate system head loss. The maximum limiting flowrate that can be delivered will be compared to the dry weather water demand. Requirements for the pump station and electronic control systems will be evaluated to adjust the operation for the water delivery. This evaluation will result in the conceptual plan and layout of the pump station / forebay facility. This initial analysis will also include evaluation of the different electronic controls and telemetry. Other items to be addressed as part of this initial assessment will be other facilities that can be integrated into the pump station to minimize maintenance and improve operation. TASK 2.7—Lake Restoration Design Provide initial preliminary design and analysis of the engineering requirements for the creation of a restored manmade lake system within the park to provide potential stormwater treatment benefits and potential groundwater recharge. Evaluation of the historical morphology of the lake system will be performed, including assessment of suitable lake system features consistent with the area. Provide the initial engineering feasibility evaluation for guidance on the planning for the manmade lake system within the park treatment system. The planning efforts will include: (1) guidance on lake layout, depth, shape and geometry consistent with creation of a natural ecosystem, (2) preliminary assessments of lake size requirements for water quality treatment integrating with the wetland systems, (3) preliminary construction costs, (4) lake treatment features, (5) initial hydraulic operation of lake for flood protection/stormwater quality, (6) preliminary project water budget requirements for lake operation treatment, and potential groundwater recharge, (7) initial assessment of lake design features and construction elements such as shoreline and lining systems, (8) identification of physical site constraints for lake construction including geotechnical, (9) lake circulation and treatment elements for maximizing water quality objectives and minimizing maintenance issues, and (9) preliminary design of lake aesthetic features to develop artistic value and a naturalized ecosystem. TASK 2.8—Additional Park Water Features and Aesthetic Treatments Establish the City's intent for the character of the water features and aesthetic treatment, related to the visual aspect, aesthetics and significance/importance to the project. The initial water feature design review meeting with the project team will include, but not be limited to: a. Determine the desired effect and technical feasibility of each water feature system independently. b. .Understand overall significance of the water feature elements within the project.with regard to intent, image and function. c. Analyze each system design to determine the most effective, feasible approach to achieve desired water feature effect. City of Huntington Beach —Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391EP Page 6 of 22 d. Determine preliminary electrical and mechanical requirements for the proposed systems. After the initial meeting, preliminary design concepts shall be prepared at an appropriate scale to include the following: a. Preliminary layout of the water feature elements showing shoreline edge treatment, liner system, and rock features. b. Preliminary recirculation system piping and pumping requirements. c. Implication of design costs, utility requirements, and operation and maintenance requirements. The preliminary engineering shall include the following hydraulics/plumbing systems, water quality treatment and electrical requirements: a. Water quality system such as aeration and/or filtration (recommended). b. Overflow and drain systems. c. Automatic water level control systems. TASK 2.9-Alternative Screening and Feasibility Evaluation A feasibility analysis will be performed to screen the initial alternatives in the plan formulation process and to select the recommended alternative, which meets the project objectives for the (1) EGGWC diversion and pump station (2) wetland treatment area, (3) restored lake system, and (4) additional water features. The "feasibility" evaluation will address the (1) economic suitability, (2) constructability, (3) acceptability, and (4) sustainability. A decision matrix will be prepared for the project alternatives, which identifies the (1) advantages, (2) disadvantages, (3) preliminary construction costs, (4) design constraints, (5) physical constraints, (6) implementation requirements, (7) design objectives, and (8) economic factors including intangible costs. A typical decision matrix presents the alternatives based upon the degree of satisfying the various project objectives facilitates the decision process. The alternatives are weighted and ranked through this process to identify the most suitable alternatives. The alternative design concepts will be screened in a comparative analysis of potential environmental impacts and regulatory permitting issues. The results of this screening analysis will be incorporated into the comprehensive decision selection matrix to assist in selection of a preferred design that will be carried forward into the formal design process. This preferred design will serve as the basis for the environmental documentation and permit applications. An initial planning level Rough Order Magnitude construction cost estimate will be performed for the different alternatives as part of the screening process of the alternatives, which also includes an initial assessment of maintenance and operational issues. TASK 2.10-Draft-Maintenance and Management Plan Prepare a Planning Level Draft Maintenance and Management Plan that will provide-the operational and maintenance requirements for the long term management of the wetlands system, pump station, diversion facility, restored including the engineered facilities. The elements of the management plan for the wetlands will focus on the long term sustainability of the vegetation and biological functions, including appropriate monitoring requirements and reporting. The plan will identify potential issues and the corrective measures that should be employed for the wetland treatment and lake system. The plan is intended to be an adaptive plan that will be modified and adjusted to conform to the actual operation of the system. The engineered facilities will also be provided with planning level operational and maintenance plan requirements. o p � City of Huntington Beach—Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391 EP Page 7 of 22 TASK 2.11 —Preliminary Engineers Construction Cost Estimate Prepare a preliminary construction cost estimate for the recommended facilities based on an initial quantity estimate from the preliminary engineering layout plans for this initial design phase. The quantity estimates will also include the initial earthwork quantity estimate using Digital Terrain Modeling (DTM). Construction cost estimates will include the vegetative planting, irrigation systems, hydraulic facilities, grading features, restored lake systems, additional wetland or park features, diversion system, piping circulation systems, water features, and additional aesthetic features. The cost estimate will be based on current unit cost estimate and include appropriate allowances for this level of estimate. TASK 2.12—Preliminary Design Report and Facility Layout Plan Provide for the compilation of a Preliminary Engineering Report to present the recommended project facilities and wetland/lake treatment configuration. The written report will serve as the technical documentation for the preliminary engineering design and biological design requirements used in the selection of the recommend water quality treatment improvements. This report shall include the background for the hydraulics, site plan formulation, hydrologic information, design criteria, constraints, design assumptions, references, water quality treatment, wetland hydraulic operation and sizing, diversion facility requirements. This document will serve to reference the design assumptions, guidelines, and criteria developed during the overall initial preliminary panning and initial design phase of the project. The study will identify the physical project constraints, community requirements and issues, environmental and engineering design constraints. The primary focus of the report is to present the basis for the selection of the recommended wetland treatment and lake system to achieve concurrence with the stakeholders and jurisdictional agencies. The document will outline the biological and hydraulic/hydrologic engineering basis for the recommended project configuration, including the technical design. Engineering sketches and exhibits will be provided to illustrate the important components of the proposed design, including sections, alignment, and preliminary details of critical facilities. Initial Facility Layout Plan — Prepare an initial facility plan view layout at 1"=100' scale with approximate elevations and facility alignments/geometries within (1) Central Park, and (2) EGGWC. Phase 3—Environmental Documentation and Regulatory Permitting (BonTerra Consu/tin_g) The City of Huntington Beach has identified a goal of completing the project by March 2007. This schedule, while very aggressive, would be feasible if the project can be processed through preparation of an Initial Study(IS) and Environmental Assessment (EA) pursuant to CEQA and NEPA respectively with the expectation of completing the process with a Mitigated Negative Declaration (MND)for CEQA and a Finding of No Significant Impact (FONSI)for NEPA compliance. An IS/EA could be prepared if the incorporation of mitigation measures result in no significant impacts after mitigation measures are implemented. Accordingly, as the site is known to be occupied by least Bell's vireo, a state and federally listed endangered species, and the lake area is regularly used by migratory birds, the proposed project would need to avoid major disturbance to those areas of Central Park utilized or occupied by these resources, or measures acceptable to the resource agencies would be required. The following scope of work assumes that the project as proposed would consist of installation of a pump station at the EGGWC, re-routing of low flows into the existing lake area within o � City of Huntington Beach —Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391 EP Page 8 of 22 Central Park, establishment of a treatment wetland within the existing lake footprint, and discharge of these flows back into Slater channel. Ancillary aesthetic features and groundwater recharge elements may also be a part of the project scope. It is also assumed that any grading or site disturbance would avoid sensitive resources on-site, and there are no contaminated materials proposed for removal from the lakebed. Under this set of assumptions, it is assumed that riparian or sensitive resources would not be significantly affected once reasonable mitigation measures were developed to offset potential short-term disturbances associated with construction. Accordingly, it is assumed that BonTerra Consulting would prepare an Initial Study (IS) leading to an MND for City approval, and an EA leading to a FONSI for EPA/Corps of Engineers approval. It is assumed that the Environmental Protection Agency (EPA) would be the lead federal agency for NEPA documentation due to the application of agency grant funds; if EPA does not act in this capacity, the Corps of Engineers would act as lead federal agency. Technical studies would be prepared to a level of detail that would meet federal standards. If this approach is used, it is also recommended that a public outreach project be conducted prior to the release of the IS/EA to inform the public of the benefits of the project and how project design features and mitigation measures have been developed to reduce impact to a level of less than significant. This project program is not included in this scope of work but can be added as a streamlined planning element. Assuming this approach is acceptable, the environmental documentation would be able to be completed within four to five months after the design is complete and the agencies concur with the approach. This scope of work assumes three submittals of documents to provide for adequate agency review. TASK 3.1 -Project Initiation TASK 3..1.1 -Project Kick-Off Meeting BonTerra Consulting will attend kickoff meetings with City staff and other team members for coordination and identification of data gaps and potential issues of concern, and to obtain relevant supporting technical documents, planning documents, and other existing pertinent information. Subsequent to the meeting with the City, it is recommended that there be an agency meeting held with with EPA, Army Corps of Engineers, California Department of Fish and Game, United States Fish and Wildlife Service, Regional Water Quality Control Board, County of Orange, State Water Resources Control Board, and other key stakeholders to brief them on the proposed project and identify any concerns they might have on project implementation, as well as subsequent permitting requirements. A separate meeting with City and EPA staff will be held to ascertain the lead Federal agency requirements for document processing by EPA. At this time the scope of the document can be discussed and the extent of the studies that would be required for the processing of the project. A total of four meetings to reach a conclusion on these issues are assumed. TASK 3.1.2- Preliminary Information Review and Analysis The Project Team will perform a thorough review and analysis of all available information regarding the proposed project, identifying data gaps and potential project issues. City of Huntington Beach—Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391 EP Page 9 of 22 TASK 3.1 Deliverable: 1. Up to three meetings with the City staff, key project participants, agency participants and stakeholders. TASK 3.2-Project Scoping TASK 3.2.1 — Coordination Meeting We recommend an early coordination meeting with the Wetlands Recovery Group and members of the interested public to introduce the proposed project. BonTerra Consulting will participate (attend) in this coordination meeting and record all comments received for the record. TASK 3.2 Deliverables: 1. Coordination Meeting (attendance) 2. Preparation of Coordination Meting minutes TASK 3.3— Technical Studies It is assumed that project features will be designed to avoid significant impact to sensitive resources, and all other environmental impacts will be mitigated to a level considered less than significant as required for use of an IS for CEQA clearance and an Environmental Assessment for NEPA clearance. A maximum of four project alternatives (including the No Action alternative) will be analyzed for NEPA clearance. Should project features necessitate impact to sensitive environmental resources, a scope and budget augment would be required. Accordingly, technical studies required to support impact assessments for the IS/EA are as follows: TASK 3.3.1 —Air Quality BonTerra Consulting shall prepare an air quality analysis for the proposed project describing existing air quality conditions in the region, SCAQMD-recommended thresholds of significance, application of the URBEMIS 2002 model to project-related air quality emissions, impacts and mitigation. TASK 3.3.2—Biological Resources A biological technical report will be prepared to describe the biological resources in the project area potentially affected by project construction, and the extent of project impacts. This report will rely on literature reviews of sources including special status species lists from all relevant State and Federal agencies and databases as well as other biological studies conducted in the vicinity of the project site. In addition, vegetation types will be mapped and described with respect to special status, extent and distribution, quality and species composition. The biological technical report will consequently summarize existing resources in the project area, document the approach utilized to assess resources, identify potential project impacts, and recommended mitigation measures. Directed surveys will not be conducted for least Bell's vireo, assuming project formulation does not significantly impact. existing on-site habitats. Should additional surveys be determined necessary after the vegetation mapping is completed, and based on coordination with the regulatory agencies, a scope and budget amendment would be required. BonTerra biologists will also participate in design issues regarding natural treatment options for water quality improvements. TASK 3.3.3— Cultural Resources BonTerra Consulting will obtain a full cultural resources records search from the South Central Coastal Information Center (SCCIC) at California State University, Fullerton. The records search will be supplemented with a field survey of the project site by a City of Huntington Beach -Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391 EP Page 10 of 22 qualified archaeologist and an impact analysis contained within a report of findings. The cultural resources technical appendix report will be prepared and processed pursuant to Section 106 Guidelines. TASK 3.3 Deliverables: Technical appendices for resource categories above. TASK 3.4-Preparation of Draft IS/MND/EA BonTerra Consulting will prepare the IS/EA using input received during coordination meetings, literature reviews, site visits, and community and agency input. This document will be closely coordinated with the City, EPA and other project partners such as the Wetlands Recovery Group, as necessary. TASK 3.4.1 - Screencheck Draft IS/EA BonTerra Consulting will prepare a complete screencheck draft IS /EA pursuant to CEQA and NEPA, utilizing the environmental checklist contained in the CEQA Guidelines. The IS /EA will contain a full project description; purpose and need, project environmental setting; environmental impact evaluation for all resource categories including aesthetics, hydrology and water quality, geology and soils, biology, cultural resources, noise, air quality, hazards/public safety, land use and planning, population/housing, agricultural resources, mineral resources, public services, recreation, and utilities; and development of appropriate mitigation measures required to reduce project impacts to less than significant. As an IS /EA, it is assumed that the environmental document will analyze a set of no more than four (4) project alternatives, including the No Action alternative. As previously indicated, the project approach assumes that the IS /EA and technical studies will adequately full the compliance requirements of both CEQA and NEPA Therefore, it is assumed that EPA/Corps at the local level will review the Screencheck IS /EA to ensure the document confirms to agency format and content requirements . It is also assumed there will be one (1) meeting to discuss responses to comments received on the Screencheck Draft from City and agency/EPA review. TASK 3.4.2-Revised Screencheck IS/EA A revised Screencheck IS /EA will be prepared to incorporate the comments received based on City and federal agency staff review. It is assumed this document will function as an approval document prior to public distribution of the IS /EA. It is assumed no major revisions will be necessary to this version of the document. TASK 3.4.3- Public Review Draft IS/EA BonTerra Consulting will prepare a formal draft IS /EA for public review that incorporates City and EPA comments on the approval draft document. A 30-day public review period is assumed for the document. Sixty (60) copies of the Draft IS /EA will be distributed based upon a mailing list to be provided, as well as to State and Federal agencies and entities including the State Clearinghouse and the Federal Register (through EPA). A Notice of Completion and a Notice of Availability will'also be filed for the IS /EA. TASK 3.4.4-Public Meeting BonTerra Consulting will participate in one (1) public meeting during the public review period of the draft IS/EA. o City of Huntington Beach —Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391 EP Page 11 of 22 Task 3.4 Deliverables: 1. Twenty (20) copies of the Screencheck IS/ EA and appendices 2. Twenty (20) copies of the revised Screencheck Draft IS /EA 3. Notice of Availability for Draft IS/MND/EA 4. Sixty(60) copies of the Draft IS/MND/EA and appendices 5. Screencheck Review Meeting (attend) 6. Public Meeting attendance TASK 3.5-Final IS/EA BonTerra Consulting will prepare responses to comments on the draft IS/EA. It is assumed that two review cycles of the responses to comments by the City and EPA/Corps will be required. The Final IS /EA will consist of the revised IS /EA, responses to comments, and the technical studies prepared to support the document. Though not required by CEQA, copies of the Final IS /EA will be provided to commenting agencies. The Mitigation and Monitoring and Reporting Plan (MMRP)will be prepared at the same time as responses to comments. Costs for implementation of MMRP requirements during construction are not included in this scope of work. Task 3.5 Deliverables: 1. Twenty (20) copies of the draft responses to comments. 2. Twenty(20) copies of revised responses to comments and an Approval Final IS/EA. 3. Thirty (30) copies of the Final IS/EA for review and approval 4. Ten (10) copies of draft MMRP 5. Ten (10) copies of the final MMRP TASK 3.6- Coordination and Meeting Attendance In addition to the coordination meetings contained in tasks 3.1-3.4 above, it is assumed that there will be 20 project meetings. These would include project team meetings and meetings with key stakeholders. In addition, up to three public hearings in.front of local decision-makers are assumed. Should additional meetings be required or meetings that involve travel out of the area this would be considered out of scope. TASK 3.7-Jurisdictional Delineation It is assumed that existing inlet and outlet structures will be used to obtain and transmit non- storm flows to the Huntington Beach Central Park Lake and to discharge back into Slater Channel. The proposed project will involve the installation of a rubber dam diversion device to assist in the collection of low flows from within East Garden Grove-Wintersburg Flood Control Channel. This activity would constitute a discharge within Corps and CDFG jurisdictional areas and would be considered a regulated activity by these agencies and subject to regulatory permit authorizations under Section 404 of the Clean Water Act and Section 1600 of the California Fish and Game Code. BonTerra Consulting will contact the Corps to discuss the need for the preparation of a Jurisdictional Delineation (delineation) of the project. If no delineation is required by the Corps, BonTerra Consulting will prepare the appropriate regulatory permit applications for submittal to the agencies during the environmental review process. If the Corps requires a delineation, BonTerra Consulting will perform the delineation to determine jurisdictional "waters of the United States", including wetlands (if present), located within the boundaries of the proposed project. The delineation will result in a determination of the jurisdictional boundaries based on the ordinary high water mark(s) (OHWM) within the project site and indicate the existence of any adjacent wetlands not within the jurisdictional ordinary high water mark. The actual presence or City of Huntington Beach —Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391 EP Page 12 of 22 absence of wetlands onsite will be verified through the determination of the presence of hydrologic conditions, hydrophytic vegetation, and hydric soils pursuant to the 1987 Corps Wetland Delineation Manual. Using detailed mapping of the project area provided by the City, BonTerra Consulting shall prepare a Delineation of Jurisdictional Waters Report including delineation map and the results of the field delineation. BonTerra Consulting will provide an assessment of acreage considered by the Corps and the CDFG to be jurisdictional "waters of the United States" along Talbert Lake within Huntington Beach Central Park. The delineation would be used to (1) assist the design team in avoiding impacts to jurisdictional areas or providing construction methods that will maximize the potential for the preparation of an individual permit or a Nationwide Permit if project impacts fit the within the established threshold for this permit authorization; (2) provide the jurisdictional information necessary for the supporting documentation; and (3) support the request for subsequent Corps, California Department of Fish and Game (CDFG), and RWQCB permits. TASK 3.8-Pre-Application Meeting The primary purpose of a pre-application meeting is to obtain concurrence in the jurisdictional delineation report in terms of delineation coverage and interpretation of the type and extent of jurisdictional resources that may be temporarily and/or permanently affected by the project. This meeting offers an opportunity for the applicant (City of Huntington Beach) and their consultant team to provide a project overview to the agencies and solicit comments for the agencies concerning possible avoidance and minimization measures as well as proposed mitigation to off-set impacts to jurisdictional resources resulting from project implementation. BonTerra Consulting will schedule and conduct a pre-application meeting'with the appropriate Corps, CDFG and RWQCB representatives, City staff, and consulting engineer staff to review the site conditions, the proposed project, project impacts, and jurisdictional delineation report (if the delineation is required). It should be noted that the report would be transmitted to all meeting attendees prior to the pre-application meeting. TASK 3.9- U.S. Army Corps of Engineers 404 Permit Application BonTerra Consulting will prepare and submit a permit application to the Corps following review and approval of the application by the City and consulting engineer, to satisfy the requirements of Section 404 of the Clean Water Act. The project engineer shall provide a CAD file of the project that includes the project limits, project elements and features sufficient for assessing both permanent and temporary impacts to jurisdictional resources and preparing the appropriate exhibits for the all permit applications. The Corps permit typically includes a jurisdictional delineation. Also, the Corps permit requires the preparation and submittal of a RWQCB Section 401 Water Quality Certification for the completion of the Section 404 Permit. Therefore, this proposal includes these tasks. Regulatory services will include processing of the Corps permits including preparation of correspondence, and telephone calls between the agency staff assigned to process the permit. These services also include any meetings with assigned regulatory agency staff, the City and the consulting engineer during the review process. It is difficult to anticipate all of the processing requirements. Therefore, if this amount is exceeded due to the Corps or CDFG's requirement to identify appropriate mitigation associated with project impacts, work shall continue on a time and materials basis, subject to client approval. Q p City of Huntington Beach—Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391 EP Page 13 of 22 It is assumed that no disturbances (dredge or fill) will occur within the Huntington Beach Central Park Lake that would potentially affect habitat known to be used by the least Bell's Vireo (vireo) and southwestern willow flycatcher (flycatcher). Therefore, authorization from the U.S. Fish and Wildlife Service pursuant to Section 7 of the Federal Endangered Species Act or a Consistency Determination from CDFG pursuant to Section 2080.1 Consistency Determination of the California Fish and Game Code would not likely be required and are not included in this scope of work. TASK 3.10— California Department of Fish And Game 1602 Permit Application CDFG Section 1602 Agreement application for Streambed Alteration (also known as a Streambed Alteration Agreement) will be prepared and submitted to the CDFG following review and approval of the application by the City and consulting engineer. The submittal package will include: (a) Form FG 2023, (b) vicinity map, (c) project description, (d)jurisdictional delineation map, and (e) site photos. This task does not include the permit filing fee. Regulatory services will include processing of the CDFG permits including preparation of correspondence, and telephone calls between the agency staff assigned to process the permit. These services also include any meetings with assigned regulatory agency staff, the City and the consulting engineer during the review process. It is difficult to anticipate all of the processing requirements. Therefore, if this amount is exceeded due to the Corps' or CDFG's requirement to identify appropriate mitigation associated with project impacts, work shall continue on a time and materials basis, subject to client approval. TASK 3.11 — Santa Ana Regional Water Quality Control Board Section 401 Certification A Section 401 of the Clean Water Act certification application will be prepared and submitted to the Santa Ana RWQCB following review and approval by the City and consulting engineer. This certification is necessary prior to the Corps concurring with discharges of fill material under the Corps Section 404 permit process. BonTerra Consulting will work with City and consulting engineer to identify appropriate construction and post construction Best Management Practices (BMPs). This task does not include the permit filing fee.. Regulatory services will include processing of the RWQCB permits including preparation of correspondence, and telephone calls between the agency staff assigned to process the permit. These services also include any meetings with assigned regulatory agency staff, the City and the consulting engineer during the review process. It is difficult to anticipate all of the processing requirements. Therefore, if this amount is exceeded due to the Corps' or CDFG's requirement to identify appropriate mitigation associated with project impacts, work shall continue on a time and materials basis, subject to client approval. Phase 4—Final Enpineerin_a— Construction Documents TASK 4.1 — Wetland Grading Plan (60%, 90%, 100%) Prepare the grading plan for the proposed wetland facilities that will include the excavation, earthwork shaping of the wetland landforms, islands, drainage path, berms, and terraced areas for vegetative planting. The initial grading plan layout will include the primary grading features including drainage paths, terraces, islands, headworks, and outlet channel locations. The development of the final grading will include the development of horizontal control for the construction and layout of the proposed earthwork. The existing topography will be utilized as the underlying base information to develop the grading plan sheets that will be prepared at V=20' or V=40' scale depending on the detail requirements of the landforms. Primary drainage City of Huntington Beach—Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391 EP Page 14 of 22 paths will be provided with horizontal control or survey lines for stationing and profiling the major drainage alignments. Drainage control features will be identified on the grading plan which can include weirs, culverts, or other facilities. Point elevations will be identified at changes in grade, high points, low points, storage areas. Pathways for access and pedestrian circulation will also be included as part of the grading plan layout. Typical sections will be provided at the first submittal, but additional sections and details will be provided at subsequent milestone progress submittals. TASK 4.2—Planting and Irrigation Plans (60%, 90%, 100%) TASK 4.2.1. — Planting Details Following approval of the preliminary planting plans (30% design drawings) by the City, we will begin development of the draft plans and specifications (60% submittal) for the project. Our team, in conjunction with the City, will conduct a site visit to field check and refine the final concept plans (30% submittal) prepared under the previous subtask. Plan drawings will include: • planting plans (including plant palette, zones and quantities, and invasive plant removal areas); • irrigation plans (as required); • grading details and cross sections; • planting details; and • irrigation details (as required). Plan sheet scale and sheet numbers will vary based on the preliminary design and the scale appropriate to communicate the physical relationships of the design elements (1" _ 20' or 1" = 40'). The sheet scale will be standardized to 24" x 36", including a standard contractor title block, and will be in English units. Preparation of the plan drawings will be consistent with City standard, or other appropriate standards as determined by the City. Plan drawings will be prepared using AutoCAD (Release 2002). To complement the plan drawings and communicate the level of quality required during construction, relevant technical sections of construction specifications will be prepared. The construction specifications will be prepared consistent with City standards (or other appropriate standards as determined by the City) and will include technical sections addressing site preparation, planting and seeding, irrigation, and maintenance. Based on the draft plans and specifications, we will prepare.a preliminary construction cost estimate for the vegetation elements of the project. The cost estimate will provide itemized estimates for construction and will include a brief description of each item, item quantities, identification of the relevant unit, unit cost, and an extended cost for each item of construction. Following completion of the draft plans and specifications, we will conduct a plan check review meeting with the City to review and discuss comments on the draft documents. Comments will be organized and compiled into a matrix that lists the commenter, and the comment/proposed revision by sheet number and/or specification section. Based on applicable comments received on the draft plans and specifications, our project team will prepare revised planting and irrigation plans (90% plans and City of Huntington Beach —Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391 EP Page 15 of 22 specifications). The revised planting and irrigation plans and specifications will include the same plan drawings, cross sections, details, specifications, and cost estimate in the draft documents revised to a 90% level of completion. Review and comments received on the 60% submittal will be incorporated into the revised draft plans and specifications. In addition, we will update the matrix (described above) to include descriptions of how the comment/revision was addressed in the 90% submittal to facilitate review and comment on the revised draft plans and specifications. Following completion of the revised draft plans and specifications, we will conduct a plan check review meeting with the City to review and discuss comments on the revised draft documents. Comments will be organized and compiled into a matrix that lists the commenter, and the comment/proposed revision by sheet number and/or specification section. Based on applicable comments received on the draft plans and specifications, our project team will prepare final planting and irrigation plans and specifications (100% submittal). The final planting and irrigation plans and specifications will include the same plan drawings, cross sections, details, specifications, and cost estimate in the draft documents revised to a 100% level of completion. Review and comments received on the 90% submittal will be incorporated into the final plans and specifications. In addition, we will update the matrix (described above) to include descriptions of how the comment/revision was addressed in the 100% submittal to facilitate review and comment on the revised draft plans and specifications. The final plans and specifications will be stamped and signed by a California-licensed landscape architect, where appropriate. TASK 4.3- Channel Diversion Structure (60%, 90%, 100%) Prepare 1"=20' plan view layout the of gravity diversion system from the EGGWC and the alignment of the gravity conveyance pipeline to the adjacent pump station. The layout will provide the detailed geometric configuration of the diversion facility and integration with the existing channel section. The initial plan submittal will include several of the structure sections with the overall dimensioning of the facility and elevations, however, the structural details will be in subsequent milestone submittals. The detailed horizontal control and alignment of the facility will be provided as part of this layout, and the profile of the conveyance facility will be provided in subsequent submittals. TASK 4.4-Diversion Pump Station Facilities (60%, 90%, 100%) Provide hydraulic calculations and sizing for new pumping facility and transmission piping from channel to the head of the treatment system. Based on geotechnical considerations, a concrete wetwell shall be designed into the channel levee system. The pumps and valves shall be specified for non-clog service of nuisance flow stormwater. An analysis of VFD versus constant speed pumps shall be performed to evaluate energy costs and operations and maintenance of the forcemain. A coarse-screen in-line filtration system shall be designed as necessary for the system. The pumping facility and associated components shall be described on plans, specifications, and engineering report submitted for revision and approval through the 60%, 90%, and 100% phases. Plans will include mechanical, civil, structural, electrical, and process and instrumentation sheets to be issued for construction purposes. Structural design will be prepared which includes the underground forebay. (This scope and estimate assumes that entire facility is underground and there is not above ground building or structure) City of Huntington Beach —Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391 EP Page 16 of 22 TASK 4.5-Lake Restoration and Circulation/Treatment Facilities (60%, 90%, 100%) Prepare final construction plans for restored manmade lake. Plans are to be prepared one (1) time on CAD at an appropriate scale. Plans will indicate all the lake features horizontal and vertical control information and details as listed below. Final grading and drainage will be prepared as part of the design and used to establish rough grades, mapped location, size, and delineation of the water's edge for the lake geometry. Consultant shall provide construction document details for the construction of the water features. Construction details to include the following: a. Plan 1. Lake Circulation Pump Station Location & Layout 2. Lake Limits 3. Piping Layout b. Lake Feature Construction Details 1. Shoreline Treatment 2. Pipe Penetrations 3. Level Control 4. Drainage Inlets/Outlets 5. Structure Seals 6. Waterfall and Stream Details 7. Lake Fill Device 8. Water Quality System Details (aeration, filtration, as required) C. Pump Station Details 1. Pump Station Vault 2. Water Quality Treatment Details (i.e., aeration, filtration if needed) 3. Pump Station Mechanical Equipment and Accessories 4. Control Panel Location TASK 4.6-Additional Park Water Features/Aesthetic Treatments (60%, 90%, 100%) Provide mechanical, civil, and electrical plans, details, and specifications necessary for construction of a minimum of three (3) aesthetic treatment/water features including amphitheatre water fountain system, recirculating/cascading feature at the library, and an additional naturalized stream channel at the head of the wetlands. An artistic rendering of the amphitheatre fountain system will be included. Pumping systems and controls (timers or PLC operation) shall be provided to construct the features. The City will review and respond to multiple submittals including 60%, 90%, and 100% design in order to incorporate comments. TASK 4.7- Quantity and Cost Estimate Prepare "design level" construction quantity cost estimate for the different facilities based on the quantity estimate from the final engineering plans at each design submittal phase. The quantity estimates will also include the earthwork quantity estimate using Digital Terrain Modeling (DTM) for the proposed grading. Construction cost estimates will include the vegetative planting, irrigation systems, hydraulic facilities, grading features, restored lake systems, additional wetland or park features, and diversion system, piping circulation systems, water features, additional aesthetic features. The cost estimate will be based on current unit cost estimate and include appropriate allowances for this level of estimate. o p City of Huntington Beach—Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391EP Page 17 of 22 TASK 4.8— Construction Permitting Provide submittal packages for additional construction permitting that are not included in the environmental regulatory permitting. The construction permit items would include preparation of the construction NPDES permit NOI and SWPP. Provide engineering services to prepare a Storm Water Pollution Prevention Plan (SWPPP) under the requirement of the California Statewide Construction Activities General NPDES Permit. This task consist of developing a SWPPP document for use during the construction of the project and the SWPPP will include information on construction activities, potential pollutants, and appropriate erosion control, sediment control, non-storm water, waste management, and tracking control BMPs that will be implemented to reduce or eliminate discharges of stormwater pollutants. Additionally, WQP may be prepared if required for design, but it may not be since it is a water quality treatment system. Additionally, assistance will be provided in obtaining the County of Orange encroachment permit for the channel. TASK 4.9 - Specifications Prepare the special provision portion of the Construction Specifications and Contract Documents suitable for bidding. An initial outline of the special provision items will be provided to the City prior to commencing with the specifications. The special provisions shall be incorporated by the Client into the overall construction document package. The Client shall provide the consultant with "boilerplate" standard specifications to verify the typical format before developing the special provisions. TASK 4.10—Final Engineering Design Report Compilation of a Technical Design Report that will serve as documentation of the engineering design for the project. The report will include the technical engineering backup information regarding (1) design assumptions, (2) facility hydraulics, (3) structural design, (4) quantity calculations, and (5) recommended facility selection. The proposed design evaluation and engineering requirements will be outlined in the report including the water quality treatment assessments, hydrology, hydraulics, structural calculations, pump design, and technical documentation of the engineered facilities such as the rubber dam. TASK 4.11 — Design Submittal Review and Agency Modifications Perform the final revisions to the design submittals based on the review comments to generate the contract documents. The revisions will include adjustment in the engineering analysis, technical design report, improvements plans, final specifications, and cost estimates. TASK 4.12—Final— Operations, Maintenance and Management Plan An operations and maintenance manual will be provided (hardcopy and digital) for final operation of lake equipment, recirculation and aesthetic treatments, conveyance diversion pump station and associated components, wetland system, and overall controls systems including the master SCADA. The manuals will consist of a sequence of operation, PLC program, equipment contacts, equipment cutsheets and vendor information for properly maintaining equipment and in case of repair or replacement. A lake management plan will also be created for long term maintenance including physical, biological, and chemical means of maintaining and enhancing water quality and aesthetics. City of Huntington Beach—Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391 EP Page 18 of 22 Phase 5—Post Design/Construction Services TASK 5.1 —Bid Assistance Provide engineering consulting efforts necessary to prepare, submit, and obtain a competitive bid on the Consultant's design. This shall include: a. Preparation of bid forms and documents. b. Preparation of take-offs, quantities and estimates. C. Coordination and direction of a pre-bid conference. d. Response and design clarification requested by qualified bidders. Consultant shall review bids and make a recommendation to the Client and Project Team for selection of a qualified bid. TASK 5.2—RFl/Shop Drawing Review Review shop drawings submitted by the contractor or equipment vendors/ manufacturers for compliance with design drawings and specifications. Provide clarifications, details and additional calculations for clarifications or modifications to original design drawings as requested by the Client. Consultant shall prepare "As-Built" drawings and submit to Client or reviewing agency. TASK 5.3— Construction Observation Consultant shall coordinate a pre-construction meeting with the selected Contractor, Contractor's subcontractors, Client and members of the Project Team. Provide periodic (up to 12) site visits/inspections during construction. Consultant shall provide photo documentation of the construction process, which will include photography of the construction process two times per week, up to 78. visits (two times per week during 9 month construction period). After each visit, consultant shall prepare a progress report and review deficiencies in installation performance with design drawings and specifications. Consultant shall attend monthly construction progress meetings (up to 9) with the selected Contractor, Contractor's subcontractors, Client and members of the Project Team. Provide a final inspection and Engineer's Certificate of Completion for the project. Consultant shall provide the services of a Project Engineer for two (2) days for the purpose of system start-up and observation. Project Engineer will work with Client- provided Operator, Contractor and Mechanical Equipment Representatives. TASK 5.4—Punch List and As-Built Review Consultant shall provide a punch list report, indicating the status of construction, as well as document work that is not in conformance with construction documents for each site visit performed. Consultant shall review the contractors' final As-Built drawings for completeness. Phase 6—Post Construction Services TASK 6.1 — Quality Assurance Project Plan (QAPP) Amendment for Performance Monitoring(Post-Construction) A Performance Monitoring Report will be prepared as an amendment to the QAPP previously prepared by the City and submitted to the Grant Manager. The work items to complete this task include the following: a. Identify sampling locations and outline sample collection protocols. Consultant shall: 1. Identify locations for collection of samples that will be typical of influent and effluent flow. City of Huntington Beach —Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391 EP Page 19 of 22 2. Identify the types of analyses that will be conducted in accordance with SWAMP guidelines. 3. Identify number of samples and sampling protocols. 4. Identify sample locations. b. Consultant shall provide sample collection and analyses of stormwater to include the following: 1. Collect samples of influent and effluent once every two weeks during a two- month monitoring period designated by the City for a total of 4 sampling events. Constituents samples to be taken include: - Total suspended solids (TSS) - Oil and grease Total Petroleum Hydrocarbons (TPH) Total Nitrogen - Nitrate Ammonia Total Keldahl Nitrogen (TKN) Dissolved Phosphorous Total Phosphorous Fecal Coliform Enterococcus Copper - Lead - Zinc 2. Perform sample analyses per QAPP of constituents sampled. 3. All sample collection and analysis will conform to SWAMP and industry standards. 4. Monitor influent and effluent flow rate from the Diversion Project. Flow monitoring will include continuous measurement of water level or velocity as appropriate based on the sampling location selected, combined with more periodic detailed discharge measurements. The flow monitoring will generate continuous estimates of inflow and effluent over a period of 24 hours. 5. Compile estimates of the volume of trash and debris removed from the debris collection facility(s). City staff will remove trash and debris, estimate the volume of material removed, and provide data to consultant. c. Consultant shall compile results of analyses of samples in an amendment to the QAPP, which shall include the following work items: 1. Prepare a report compatible with SWAMP program. 2. Describe sample locations and analyses. 3. Present results of sampling program. 4. Prepare calculations to estimate the pollutant removal within the facility. 5. Discuss results of sampling program and the performance of the project. 6. Present five (5) copies of the draft report to the Grant Administrator and three (3) copies to City staff. 7. Revise the draft report based on one set of comments from City staff. Five (5) copies of revised report shall be presented to Grant Administrator and three (3) copies to City staff. i City of Huntington Beach—Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391 EP Page 20 of 22 TASK 6.2—Post Design Project Report(Draft and Final) Consultant shall prepare a draft and final Project Report that will amend the technical design report to summarize the following: • project statement of purpose • scope of the project • approach and techniques • performance evaluation One reproducible master and two copies of the final Project Report shall be submitted to the Grant Manager and two copies of the draft and final Project Report shall be submitted to the City. TASK 6.3—Educational Exhibit Consultant shall design and specify a permanent educational exhibit in Huntington Beach's Central Park adjacent to the treatment wetland in a highly visible area to educate visitors on the project. Exhibit shall be specified as a contractor line item for construction and consultant shall provide graphic design and content. Consultant will work with the City to select an optimal location for the exhibit. Administrative Items TASK A.1 — Public Meetings and Presentations Attend periodic project meetings and provide consulting services related to project coordination during this particular engineering phase. The purpose of these meetings may include a review of the progress of work included in this Contract, or consultation and discussion needed on project issues. Consultation will be provided with the Client to resolve design related issues and ensure the progress of the project. The meetings and consultation allows adequate communication with the Client to allow input and feedback during the process. This task shall also include telephone conferences necessary with the same parties for the above-mentioned purposes. Consultant has budget approximately 100 man-hours towards this effort from all team members. Additional meeting attendance and consulting services will be completed, if required, on an hourly basis for an additional fee with the approval of the Client. TASK A.2— City Project Meetings Consultant shall attend periodic project meetings and provide consulting services related to project coordination during the particular engineering phase. The purpose of these meetings may include a review of the progress of work included. in this Contract, or consultation and discussion needed on project issues. Consultation will be provided with the Client to resolve design related issues and ensure the progress of the project. The meetings and consultation allows adequate communication with the Client to allow input and feedback during the process. This task shall also include telephone conferences necessary with the same parties for the above-mentioned purposes. Consultant has budget approximately 300 man-hours toward this effort. Additional meeting attendance and consulting services will be completed, if required, on an hourly basis for an additional fee with the approval of the Client. TASK A.3—Agency Meeting and Coordination Consultation and Coordination with other agencies that may have varying degrees of jurisdiction and input related to the project final design. The coordination will include attending meetings with these agencies as required at the direction of the Client and coordinating design or o City of Huntington Beach—Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391 EP Page 21 of 22 permitting related issues from these agencies. In addition, provide engineering consultation related to coordination with the geotechnical consultant in order to ensure that adequate design information is provided for final engineering and allow to ensure that adequate feedback during the process. This task shall also include telephone conferences necessary with the same parties for the above-mentioned purposes. Consultant has budget approximately 70 man- hours towards this effort. Additional meeting attendance and consulting services will be completed, if required, on an hourly basis for an additional fee with the approval of the Client. TASK A.4—Additional Technical Consultation and Communication Provide engineering consultation related to coordination with the Client or other consultants for the in order to ensure that adequate design information is provided for final engineering and allow adequate feedback during the design process. The objective of the coordination is to ensure that adequate information flow is provided between the design elements for the project. Consultant has budgeted approximately 50 man-hours towards this effort. Additional consulting services related to coordination with the project consultants will be completed if the budget is exceeded, on an hourly basis for an additional fee with the approval of the Client. ASSUMPTIONS AND EXCLUSIONS The Client's responsibilities shall include providing PACE with the base data and project information in a timely manner, coordination and management of other team consultants to assure that the project schedule can be met, and prompt payment of invoices in accordance with the terms and conditions included herein. The specific items that are to be provided by the Client or other consultants include the following: 1. Client input pertaining to project design issues and requirements including scheduling. 2. Existing/historical reference plans in and around the Park. 3. Previous geologic and soils investigation reports. 4. Existing and proposed hydrologic and drainage data, maps, and reports (i.e. Slater Channel Study). 5. Any other data that directly impacts PACE ability to perform the design in an efficient and economic manner. 6. Horizontal and vertical location of existing abandoned pipeline to be used for the forcemain. 7. Existing plans for the EGGW Channel. 8. Existing utility plans 9. Water quality monitoring data. 10. Previous environmental documents for projects within or adjacent to park. 11. Electronic GIS master plan data for utilities and drainage facilities. Any proposed project changes which affect work in progress or previously completed will be justification for additional compensation. All required aerial topography and base mapping will be paid for and supplied by Client, or others. Base topo and site information will be provided in digital (electronic)format compatible with AUTOCAD 2004. No surveying or construction staking is included. Existing utility information potholing is not included and will be provided by Client. 00 City of Huntington Beach —Talbert Lake Diversion Project Revised May 19, 2006 Scope of Services for#8391EP Page 22 of 22 Related to QAPP Task 5.3: A. Identify sampling locations and outline sample collection protocols: a. This Scope of Work assumes that sampling will be designed to monitor inflow and outflow from the Diversion Project. Additional sampling efforts, for example sampling of flow in channels, may require a change to Scope or Work or fees. b. Further, this scope of work assumes sampling will be completed by December 31, 2007. Sampling and analysis fees taking place after that date are subject to revision. B. Sample Collection and Analyses: a. Four sample collection periods will be conduced over a period of 8 weeks following initiation of flow through the project b. Each sampling period will include collection of samples at one time each from the inlet and outlet of the project. c. Consultant will not be responsible for removal of trash and debris from project. City staff will collect debris and trash and estimate the volume of material removed, and provide data to consultant. C. QAPP report preparation: a. Consultant will provide one draft version of the QAPP report for comments by City staff. Consultant will respond to one set of review comments by City staff, and provide a final draft of the QAPP report. b. Additional revisions or additions to the report will be completed under a separate contract or contract addendum. The fees proposed herein shall apply until July 1, 2007. Due to ever-changing costs, Consultant will increase those portions of the contract fee for which work must still be completed after July 1, 2007, as negotiated with the Client up to a maximum of ten-percent(10%). All submittals, except the environmental documents/permits, will be in electronic format with one reference hardcopy. EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to.CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. See fee schedule attached. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY . does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in the written Scope of Work may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or. additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. REVISED FEE PROPOSAL Talbert Lake Diversion Project #8391 EP Fee PACE will complete the work outlined herein and invoice Client monthly on a percentage of completion basis, a fixed fee of$ 1,052,100 and the time and expense (T&E) and reimbursable amount of$ 119,500 for a total sum of$ 1,171,600 in accordance with the attached Exhibit A- "Hourly Rate Schedule". TASK DESCRIPTION PROFESSIONAL FEE Phase 1 -Baseline Data Inventory/Site Assessment 1.1 Agency/Stakeholder Consultation / Coordination $ 4,800 1.2 Research and Data Collection $ 4,800 1.3 Topographic Field Survey and Mapping $ 41,000 1.4 Utility Investigation and Notification $ 6,300 1.5 Reconnaissance Level Biological Assessment $ 8,500 1.6 Geotechnical Study $ 34,000 Phase 1 Subtotal: $ 99,400 Phase 2-Preliminary Engineering and Design Report 2.1 Design Constraint Identification $ 11,500 2.2 1 Park Baseline Hydrology/ Hydraulics $ 27,800 2.3 Water Quality Treatment Assessment $ 32,000 2.4 Conceptual Alternative Wetland Grading / Layout $ 44,000 2.5 Preliminary Channel Diversion Analysis $ 23,200 2.6 Pump Station and Force Main Evaluation $ 11,800 2.7 Lake Restoration Design $ 36,000 2.8 Additional Park Water Features and Aesthetic Treatments $ 34,000 2.9 Alternative Screening and Feasibility Evaluation $ 9,100 2.10 Draft- Maintenance and Management Plan $ 6,700 2.11 Preliminary Engineers Construction Cost Estimate $ 10,500 2.12 Preliminary Design Report and Facility Layout Plan $ 52,600 Phase 2 Subtotal: $ 299,200 Phase 3-Environmental Documentation and Regulatory Permitting 3.1 Project Initiation $ 15,000 3.2 Project Scoping $ 3,000 3.3 Technical Studies $ 46,400 3.4 Preparation of Draft IS/MND $ 86,500 3.5 FinalIS/MND $ 36,000 3.6 Coordination and Meeting Attendance $ 46,000 3.7 Jurisdictional Delineation $ 16,000 3.8 Pre-Application Meeting $ 4,000 3.9 U.S. Army Corps of Engineers 404 Permit Application $ 16,000 3.10 California Department of Fish and Game 1602 Permit Application $ 16,000 3.11 Santa Ana RWQCB Section 401 Certification $ 16,000 Phase 3 Subtotal: $ 300,900 City of Huntington Beach—Talbert Lake Diversion Project Revised May 19, 2006 Fee Proposal for#8391 EP Page 2 of 2 Phase 4-Final Engineering- Construction Documents 4.1 Wetland Grading Plan (60%, 90%, 100%) $ 27,000 4.2 Planting and Irrigation Plans (60%, 90%, 100%) $ 40,000 4.3 Channel Diversion Structure (60%, 90%, 100%) $ 34,000 4.4 Diversion Pump Station Facilities (60%, 90%, 100%) $ 34,000 4.5 Lake Restoration and Circulation /Treatment Facilities (60%, 90%, 100%) $ 39,000 4.6 Additional Park Water Features /Aesthetic Treatments (60%, 90%, 100%) $ 21,300 4.7 Quantity and Cost Estimate $ 12,200 4.8 Construction Permitting $ 20,900 4.9 Specifications $ 10,200 4.10 Final Engineering Design Report $ 21,100 4.11 Design Submittal Review and Agency Modifications $ 18,800 4.12 Final - Operations, Maintenance and Management Plan $ 14,900 Phase 4 Subtotal: $ 293,400 Phase 5-Post Design/Construction Services 5.1 Bid Assistance (Estimate Only) $ 14,500 5.2 RFI / Shop Drawing Review (Estimate Only) $ 19,500 5.3 Construction Observation $ 36,000 5.4 Punch List and As-Built Review $ 16,000 Phase 5 Estimate Subtotal: $ 86,000 Phase 6-Post Construction Services 6.1 QAPP Amendment for Performance Monitoring $ 37,800 6.2 Post Design Project Report (Draft and Final) $ 15,800 6.3 Educational Exhibit $ 5,600 Phase 6 Subtotal: $ 59,200 Administrative Items A.1 Public Meetings and Presentations (T&E) $ 21,400 A.2 City Project Meetings (T&E) $ 38,500 A.3 Agency Meeting and Coordination (T&E) $ 8,100 A.4 Additional Technical Consultation and Communication (T&E)., $ 5,000 Administrative Subtotal (T&E): $ 73,000 TOTAL ENGINEERING FEE (EXLUDING PHASE 5): $ 1,052,100 REIMBURSABLES /ADMINISTRATIVE (T&E): $ 119,500 TOTAL FEE: $ 1,171,600 PA8391 EP\3-Contracts-Proposals\Talbert Lake Proposal Revised 5-19-06\Talbert Lake Fee Summary Revised 5-19-06.doc o p �> INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST _ { Awl " `(1 1.' Requested by: Christi Mendoza; Risk Management iCstc _ 'fin , f, Beach Y AY#�d nsy's U;frce 2. Date:. August 7, 2006 3. Name of contractor/permittee: Pacific Advanced Civil Engineering Inc (dba: PACE) 4 Description of work to be performed: Providing professional engineennq services to assist the City in planning design and construction preparation for the Talbert lake Diversion Project to include environmental review, feasibility, design and preparation of construction plans, specifications and bid documents. 5. Value and length of contract: $1,171,600: Five (5) years 6. Waiver/modification request: $10,000 deductibles/general`liability 7. Reason for request and why it should be granted: Unable to comply with the city's zero deductible insurance requirement 8. Identify the risks to the City in approving this waiver/modification: None -7/ Department Department Head Signat a Date: k -APPROVALS Approvals must b`e obtained in"ahe ord"er listed on this form: Two;approvals are required- fo�a;request to be.granted Approval frorri the-City Administrator's Office is only required if Risk Management:and t . City Attomey's Office disagree: 1. RFA Management pproved ❑ Denied �1�✓ g /`� ��l0 Signature Date 2. City Attorney's Office Approved ❑ Denied 15 Signatur Date 3. . . City Administrator's Office Approved ❑ Denied Signature Date If approved,the"completedwaiver/modification request is`to tie submitted toahe City Attorney s Office along with the;contract for approval': Once the contract tics been approved h; this form',is to be filed with the Risk Management Division;of Administrative Sevices I i ACOR®,� CERTIFICATE OF LIABILITY INSURANCE ogioij2oo6). PRODUCER (949)852-0909 - FAX' (949)852-1131 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Milestone Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 8-Corporate Park, Ste 130 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. - Irvine, CA 02606 INSURERS AFFORDING COVERAGE NAIC# INSURED Pacific Advanced Civil Engineering, Inca INSURER A: Axis Specialty Insurance Co. DBA• PACE INSURER 8::Hartford Casualty Insurance ' 17520 Newhope Street INSURERC: Interstate Fire & Casualty Suite 200 INSURER0: American Home Assurance Co' Fountain, Valley, CA 92708 INSURERE: Continental Casualty Company COVERAGES THE POLICIES OF INSURANCE LISTED"BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE.MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS., INSR DD' TYPE OF INSURANCE - POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EAP-701255-05 11/16/2005 11/16/2006 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ SO,OO . CLAIMS MADE a OCCUR _ - .MED EXP(Any one person) $ Fxcludec A X' D6ddct i bl a:10 "O00%,` PERSONAL&ADV INJURY $ 1,000,00( X Contractual Llab - GENERAL AGGREGATE $ 2,000,0 GEM_AGGREGATE..LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 1,000,0 POLICY X JECT LOG - AUTOMOBILE LIABILITY 72UEC M2380 11/16/2005 11/16/2006 "COMBINED SINGLE LIMIT X ANY AUTO (CALIFORNIA) (Ea accident) $ 1,000,000 ` ALL OWNED AUTOS - BODILY INJURY SCHEDULED AUTOS 72UECTR5063 (Per person) $ . B X HIRED.AUTOS (ARIZONA) BODILY INJURY X NON-OWNED AUTOS . " (Per accident) $ IX Comp: `$500 PROPERTY DAMAGE. $ X Col 1:. $1;000 (Per accident) GARAGE LIABILITY - AUTO ONLY-EA ACCIDENT $ ANY AUTO - OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSAIMBRELLALIABILITY FFX6204481 11/16/2005 11/16/2006 EACH OCCURRENCE $ 10,000,00 X OCCUR CLAIMS MADE - AGGREGATE $ 10,000,000 $ DEDUCTIBLE $ .. X RETENTION $ 5,.0 - - .$ WORKERS COMPENSATION AND 3421042 01/01/2006 01/01/2007 X I wC STATU- FIR EMPLOYERS'LIABILITY - - D• ANY PROPRIETORIPARTNER/EXECUTIVE CCALIFORNIA) El EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCWDED? 3421043 E.L DISEASE-EA EMPLOYEE $ 1,.000,00 -.If yes,descnl-under - - SPECIAL PROVISIONs below (OTHER STATES) EL DISEASE-POIICY OMIT $. 1,000,000 "OTHER - AEA133328084 11/01/200S, 11/01/2006 limit: $5,000,000 Errors 14 ,Omissions E ;'Deductible.,SO E. __Talbert--La e�-Didersi�'Project DESCRIPTION OF OPERAT IPUS I LOCATKM/VEHK:LES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS _ ertificate.Holder is added as an Additional Insured' with Primary Wording per form CG 20. 10 11 85 aiver "of Subrogation applies where required by contract General Liability and Workers Compensation ' percedes previous- certificate dated 8/2/06 Ten (10) days notice of cancellation for non payment of premium. CERTIFICATE ANC L ON SHOULD ANY OF THE ABOVE DESCRIBED.POLICIES BE CANCELLED BEFORE THE City of Huntington Beach, EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL WKWOOM MAL 30 DAYS WRIIII EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,"- It's Agents, Officers & Employees Geraldine Lucas & Christi Mendoza 2000 Mairr St. XXX Huntington Beach, -CA 92604 AUTHORIZED REPRESENTATIVE Catherine Sariana/CAS Cr�tn. i 1F/Qh ACORD 25(20OW08)' ©ACORD CORPORATION 1988. AP ROVED AS TO FORM:" FER McGRATH., City Et�tloe IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or after the coverage afforded by the policies listed thereon. ACORD 25(2001108) i Policy.Nnmber:EAP.-701255.-05. Commercial General Liability THIS ENDORSEMENT CHANGES THE-POLICY,PLEASE READ IT CAREFULLY ADDMONAL:,INSURED - OWNERS,LESSEES OR CONITRAC--ORS:- (FORM.B) Thzs:endorsementmothfies u�surance:provided'under the.following: COMMERCIAL.GENERAL LIABI :ITY COVERAGE PART, _ SCHEDY°TLE Name of;Person or Organization: . The City of Huntington Beach,its_agents,,officers°arid employees RE:•Talbert bake Diversion:Project (If no entry,appears;above,infgcmateon regwred•to complete this.endorsement will-be shown in the;Declarations as applicable tothis;endorsseenent WHO.IS AN INSTMED•(Section; is,amended.to include as,an insured the person or,organization shown in the Schedule;but-only withxdsspect to liability.arising.out of`your work"for that insured,by or for you. It.:is further agreed t. :suchinsurance as is:afforded by the policy for the benefit of the.above Additional Insured(s).shall be:primary insurance as:respects any:claims, loss or liability arising out of the Named Insureds)operations,md`any otfier insurance maintained by the Additional Insured(s)shall be excess and non-contributing-Nyith the.,insurance provided hereunder. - APPROVED A TO FORM IVEIZ E M�GRATR,C-ty to' CG 20.101°1 85 i Racific Advanced Civ :E eerie dba: PACE' " ,. Poh Number: EAP-'T01255-Q5' Effective Date: Wifi 2005 ssuedb ."A10S S; icwikl.Insnrance�Co THIS:ENDORSEMENT CHANGES THE'POLICY,"RLEASE"READ•CAREFULLY. WA1VE2 OF TRANSFER OF RIGHTS .OF RECOVERY AGAINST OTHERS This endorsement modifies.insurance Oro vided.under the following:` C4NiMERCIAL•GENERAL"LIABILITY:COVERAGE FART PRODUCTS/.COMPLETED'OPERATIONS"COVERAGE PART The City of;Huntmgton,B00,its;agents,•officers and employees RE: Talbert Lake=Dive"rsion Project Any"person or prganization.to whom or;to which you�are.obligated by virtue ofz written'contract;to waive your,right of recovery::` (lf no entry"appears;above,information required to cori�plete"this endorsenneat-iiU be shown:in the l?eclarations as,;apphcal ie tgAhis endorsement)'. We.waive any",.right of recovery we may"have against the person or organization shmm4n the Schedule because;ofpayments-,we.•niake for.injury or damage.azi ing out:of""your work"done,under.a contract.with „ . that person or'grgamiation Tfie waiver,applies"only to`the person.or organization shown in the Schedule. FA lzc S. 'TO RM P City Attoriiey. G� T D q WORKERS'COMPENSATION AND EMPI oXERS'LIABILITY:INSURANCE POLICY WC 04 03 06 (Ed.4-84) Issued to PACIFIC:AQUASCAPE,INC.(A COPP) PACIFIC ADVANCED CIVIL ENGINEERING,INGDBA:PACE PAC MC —NTAL RESOURCES'CORPORATION DBA: PERC 'Ry..AMERICAN HOME ASSURANCE COMPA:N:Y Policy.#WC 3421:042. WAIVER OF.OTR`RIGHT TO RECOVER FROM`OTHERS:ENDORSEMENT—CALIFORNIA We have the right to recoverour pgyments from anyone liable for an'injury:covered by.thi's. policy. We_will.not eurforce.our-right.againstthe pers,o0or,oreanizatioanamed,in the Schedule. (T'l is agreement applies only to the:extent tbat:you:.perform work under a written contract=that requires you to gbtain this.agreement.from us;) `- You must_maintain:payroll. ords�acqurately segregating.,the zemuneration of your.employees while engageddn4he work�desenbed male Schedule: The additional;premtum for this endorsement shall be 5%of the California workers' compensation premium,otherwwise,due to.such,remuneration. SCHEDULE Name of Person or Organization: The City of Huntington ,Beach,lits.agents;-officers and employees RE:.Talbert Lake Diversion Project oF P�CV��AS C .o�� 08102J2005 0B:44 949-1352-1131 MILESTONE RISK MANAG PAGE 03f03 IMPORTANT If the certifical;3 holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certific tte does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGAI ION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement,:A statement on this certitcate does not confer rights to the certificate holder in lieu i f such endorsement(s). DISCLAIMER The Certif+cah of Insurance on the reverse side of this form does not constitute a contract between the issuing inr.vrer(s),authorized representative or producer,and the certificate holder,nor does it ' affirmatively o negatively amend.extend or alter the coverage aftorded by the policies fisted thereon. i ACORO 25(2001106) 08/02/2006 08:44 949-852.-1131 MILESTONE RISK MANAG PAGE 01/03 Milestone Risk Management $t Insurance Services License #01372766 Eigbt Corporate Park, Suite 130- Irvine, California 92606 5105 Fax 949 852 - 1131 -04 ti..i Milestone T o : Chri.sti Mendoza C o M p a a y; City of Huntington Beach Fax N u Tara I e r : 714-536-5212 From : Nancy K.Anderson,CISR Re - Pacific Advanced Civil Engineering,Inc. . # of page ; 3 Comments: Please see attar:ied Certificate of Insurance issued on behalf of Pacific Advanced Civil Engineering,In, .. The original will follow by mail:Please let me know if this is insufficient in any way. The C:rtificate supercedes the previous certificate dated 7/20106. We have amended the Errors&Or fissions deductible per your request. Please let me k i.)w if you,have any questions or need any additional.information. Regards, Nancy K.An der Son;CISR cc: Elizabed Chow Pacific A dvanced Civil Engineering,Inc. License#0B727t 6 D&B Business Information Report: PACIFIC ADVANCED CIVIL.ENGINEERING, INC Page 1 of 6 Dun&Bradstreet Business Information Report To save report(s)to your PC, click here for instructions. ❑Print this Report Copyright 2006 Dun&Bradstreet-Provided under contract for the exclusive use of_subscriber. 098022862E ATTN: jlockhart@surfcity-hb.org Report Printed: AUG 08 2006 In Date IWSINESS St:MIMAII. PACIFIC ADVANCED_ CIVIL ENGINEERING,INC 17520 Newhope St'Ste 200 Fountain Valley, CA 92708 D&B�s Credit Limit Recommendation D&B s industry and risk=based limit guidance Payment.Trends Profile Payment trends and industry benchmarks Rating Change This,is a ingle location. D-U-N-S Number: 14.-356-4719 Telephone: 714 481-7300 D&B Rating: 1R2 Formerly Fax: 714 481-7299 Number of employees: 1 R is 10 or more employees. Chief executive: MARK KREBS, PRES Composite credit 2 is good. - appraisal: D&B PAYDEXO: Year started: 1987 12 Month D&B PAYDEX. 71 Employs: 65 When weighted by dollar amount,payments' file://D:\Documents%20and%o20Settings\wilderp\Local%20Settings\Temporary%20Internet... 8/8/2006 D&B Business Information Report: PACIFIC ADVANCED CIVIL ENGINEERING, INC Page 2 of 6 to suppliers average 14 days beyond terms. �x Sales E: $13,000,000 m Based on trade collected over last 12 months. History: CLEAR Enhanced payment trends and industry SIC: 8711 benchmarks are available on this business Line'of business: Engineering services StMMARY ANALYSIS D&B Rating: 1R2 Number.of employees: I indicates 10 or more employees. Composite credit appraisal: 2 is good. The Rating was changed on June 1, 2006 because of D&B's overall assessment of the company's financial,payment and history information. The 1 R and 2R ratings categories reflect company size based on the total number of employees for the business. They are assigned to business files that do not contain a current financial statementAn 1R and 2R Ratings,the 2, 3, or 4 creditworthiness indicator is based:on analysis by D&B of public filings, trade payments, business age and other important factors. 2 is the highest Composite Credit Appraisal a company not supplying D&B with current financial information can receive. For more information, see the D&B Rating Key. Below is an overview of the company's rating history since 12/08/04: D&B Rating Date Applied 1 R2 06/01/0.6 -- 12/08/04 The Summary Analysis section reflects information in D&B's file as of August 7,2006. (A)STOMER Sl<RVICF If you have questions about this report, please call our Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. If you are outside the U.S. contact your local D&B office. ** Additional Decision Support Available Additional D&B products, monitoring services and specialized investigations are available to help you evaluate this company or its industry. Call Dun'& Bradstreet's Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. or visit our website at www.dnb.coni. file://D:\Documents%20and%20 Settings\wilderp\Local%20 Settings\Temporary%20Internet... 8/8/2006 D&B Business Information Report: PACIFIC ADVANCED CIVIL ENGINEERING, INC .Page 3 of 6 IST011Y The.following information was reported 06/01/2006: Officer(s): MARK KREBS,-PRES DIRECTOR(S): THE OFFICER(S) Incorporated in the state of CA on 11/12/1987: Business-started 1987. 100% of capital stock is owned by officers. MARK KREBS born 1064. 1987-present active here. BLiSINESS REGISTRATION CORPORATE AND BUSINESS REGISTRATIONS REPORTED BY THE SECRETARY OF STATE OR OTHER OFFICIAL SOURCE AS.OF JUL 21 2006: This data is for informational purposes only, certification can only be obtained through the.Sacramento Office of the California:Secretary of State. Registered Name: PACIFIC ADVANCED CIVIL ENGINEERING, INC. Business type: CORPORATION Corporation type: PROFIT Date incorporated: NOV 12 1987 State of incorporation: CALIFORNIA Filing date: NOV 12 1987 Registration ID: C1422588 Status:' ACTIVE file://D:\Documents%20and%20Settings\wilderp\Local%20Settings\Temporary%20Internet... 8/8/2006 D&B Business Information Report: PACIFIC ADVANCED CIVIL ENGINEERING, INC Page 4 of 6 Where filed: SECRETARY OF STATE/CORPORATIONS DIVISION, SACRAMENTO, CA Registered agent: CORY SEVERSON, 17902 GEORGETOWN LN, HUNTINGTON BEACH, CA, 926470000 Principals: CORY M.SEVERSON, PRESIDENT, 17520 NEWHOPE ST STE 200, FOUNTAIN VALLEY, CA, 9270.80000 OPI RATIONS 06/01/20,06 Description: Provides engineering services, specializing in civil engineering (100%). Terms are net 30-60 days. Has 50+account(s). Sells to companies and builders. Territory : United States. Nonseasonal. Employees: 65 which includes officer(s)and 10 part-time. Facilities: 18,254 sq. ft. in a two story steel building. Location: Central business section on main street. SIC & NAIC:S SIC: NAICS: Based.on information in our file, D&B has 541330 Engineering Services assigned this company an extended&digit'SIC. D&B's use of 8-digit SICs enables us to be more specific to a company's operations than if we use the standard 4-digit code. The 4-digit SIC numbers link to the.description on the Occupational Safety& Health Administration(OSHA) Web site. Links open in a new browser window. 87110402, Civil engineering D&B PAY DEX Enhanced payment trends and industry benchmarks are available on this business file://]):\Documents%20and%20Settings\wilderp\Local%20 Settings\Temporary%20Internet.... 8/8/2006 D&B Business Information Report: PACIFIC ADVANCED CIVIL ENGINEERING; INC Page 5 of 6 The D&B PAYDEX is a unique, dollar weighted indicator of payment performance.based on up to 15 payment experiences as reported to D&B by trade references 3-Month D&B PAYDEX: 71 "I 2-Month D&B PAYDEX: 71 When weighted by dollar amount, payments'.When weighted by dollar amount, payments; to suppliers average 14 days beyond terms to suppliers average 14 days beyond terms `- . ..v___. .. ...__... _.... . _.._._.. Based on trade collected over last 3 months.. Based on trade collected over last 12 months. When dollar amounts are not considered, then approximately 84% of the company's payments are within terms. PAYMENT SUMMARY The Payment Summary section reflects payment information in D&B's file as of the date of this report. Below is an overview of the company's dollar-weighted payments, segmented by its suppliers' primary industries: Total Total Largest Within Days Slow Revd Dollar High Terms <31 31-60 61-96 90> Amts Credit o 0 Top industries: Whol office equipment 2 The highest Now.Owes on file is $2,500 The highest Past Due on file is $2,500 D&B receives over 600 million payment experiences each year. We enter these new andupdated experiences into D&B Reports as this information isreceived. PAYMENT DETAILS Detailed Payment History High, Now Last Sale Date Reported Paying Credit Owes Past Due Selling Terms Within (mm/yy) Record ($) ($) ($) (months) months Payment experiences reflect how bills are met in relation to the terms granted.In some instances . file://D:\Documents%20and%20 Settings\wilderp\Local%20 Settings\Temporary%2 01nternet... 8/8/2006 D&B Business Information Report: PACIFIC ADVANCED CIVIL ENGINEERING, INC Page 6 of 6 . payment'beyond terms can be,the result of disputes over merchandise, skipped invoices etc. Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported. FINANCE 06/01/2006 On JUN 012006 Elizabeth Chow, Contrl, deferred financial statement. Elizabeth Chow submitted the following partial estimates dated JUN 01 2006: Sales for 2005 were $13,000,000. As of June 12006 a search of Dun& Bradstreets Public Record database found no open suits,.liens, judgements.or UCCs to which Pacific Advanced Civil Engineering, Inc at 17520 Newhope St Ste•200, Fountain Valley CA was named defendant or.debtor. Public records received hereafter will'be entered into the database and will be included in reports which contain a Public Filings section. I'III31'1IC' FILINGS A check of D&B's public records database indicates that no filings were found for PACIFIC ADVANCED CIVIL ENGINEERING, INC at 17520 Newhope St Ste 200, Fountain Valley CA. D&B's extensive database of public record information is updated daily to ensure timely reporting of changes and additions..It includes business-related suits, liens,judgments, bankruptcies, UCC financing statements and business registrations from every state and the District of Columbia, as well as select filing types from Puerto Rico and the U.S. Virgin Islands. D&B collects public records through a'combination of court reporters, third parties and direct electronic links with federal and local authorities. Its database of U.S. business-related filings is now the.largestbf its kind.' Copyright 2006 Dun&Bradstreet Provided under contract for the exclusive use of subscriber 098022862E file://D:\Documents%20and%20Settings\wilderp\Local%20Settings\Temporary%20Internet... . 8/8/2006 ATTACHMENT #2, I CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL.COMMUNICATION . FINANCE DEPARTMENT TO:` PENELOPE CULBRETH-GRAFT,DPA, CITY ADMINISTRATOR FROM: DAN T. VILLELLA CPA, FINANCE DIRECTOR SUBJECT: FIS 2006-07-3 APPROVE APPROPRIATION OF GRANT FUNDS FOR THE TALBERT LAKE DIVERSION PROJECT DATE: OCTOBER,2, 2006 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Award Contract for the Talbert Lake Diversion Project-to Pacific Advance Civil Engineering, Inc." If the City Council approves this action (total additional appropriation of$350,000 with the $350;000 in additional grant estimated revenue not anticipated in the original budget) the estimated Water Quality Fund Balance at September 30, 2007 will be unaffected. Dan T. Villella. Finance Director RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award PACE Contract for the Talbert Lake Diversion Project COUNCIL MEETING DATE: October 1-6, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable •0 Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached z (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached El i (Approved as to form by City Attorney) Not Applicable z Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable El Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ®' Not Applicable ❑ Bonds.(If applicable) Attached Not Applicable . Z Staff Report (If applicable) Attached z Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable z Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable Z XPIMATION FOR I ISSIN, TAC ME TS, . ., REVIEWED RETURNED . � =FORW RDED . . z _ 5.. Administrative Staff ( ) Deputy City Administrator (Initial) PE ) City Administrator(Initial) ( ) ( ) City Cleric ( ) EXPL,ATIO FOR FtETURN,!OF,ITEM z Only)(Below Space For City Clerk's Use RCA Author: G. Lucas/Erdman 0 , CITY OF HUNTINGTON E BE H 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 23, 2006 Bruce Phillips Pacific Advanced Civil Engineering, Inc. 17520 Newhope Street, Suite 200 Fountain Valley, CA 92708-8206 Dear Mr. Phillips: Enclosed for your records is a copy of the Professional Services Contract between City of Huntington Beach and Pacific Advance Civil Engineering, Inc. for engineering services related to the Talbert Lake Runoff Diversion Project. Sincerely, oil- Joan L. Flynn City Clerk JF:pe Enclosure: agreement G:followup:agrmtltr (Telephone:714-536-5227)