HomeMy WebLinkAboutC35310 - Line 4 Drainage ProjectContract No. C 35310
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C 35310 FOR PROFESSIONAL
ENGINEERING AND DESIGN SERVICES FOR THE LINE 4
DRAINAGE PROJECT TO MICHAEL BAKER INTERNATIONAL,
INC., OF IRVINE, CALIFORNIA, IN AN AMOUNT NOT TO
EXCEED $281,744
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONSULTANT: Michael Baker International, Inc.
14725 Alton Parkway
Irvine, CA 92618
DATE: May 12, 2016
CONTENTS: Agreement
Consultant's Proposal
Recommendation
By Minute Motion:
1. Award Contract No. C for professional engineering and
design services for the Line 4 Drainage Project to Michael Baker
International, Inc., of Irvine, California, in an amount not to exceed
$281,744;
2. Authorize the Director of Finance to set aside a 10 percent contingency
in the amount of $28,174;
3. Appropriate $309,918 from unobligated drainage funds to Account No.
2324690-4400100, Storm Drain Improvement; and
4. Authorize the Mayor to execute the contract.
Strateqic Plan Obiective
Although this project doesn't fit neatly into any one of the nine Strategic Results Areas
outlined in the Strategic Plan, this project will add to the City's flood protection system.
The City has an outstanding infrastructure system including streets and storm drains,
and those are the foundational elements and underpinning that the Strategic Results
Areas are built upon.
Contract No. C 35310
Staff Report
Award Contract for Engineering for the Line 4 Drainage Project
Page 2 of 3
May 12, 2016
Background
The City has invested heavily in storm drain systems, and that investment has paid off
by protecting property owners from damage due to major storms. Even in heavy down
pours, most of the City never experiences road closures due to flooding. However,
when the City contracted with a consultant to study the drainage patterns in the north
sphere (everything north of Country Club Drive within the city limits — see attached), the
study identified the eastern portion of the City as an area requiring improvements.
During a major storm in September 2014, Country Club Drive was inundated with water,
breaching the City's right-of-way. Those flood waters spilled onto Washington Street
stranding motorists, and disrupting access for emergency services. There are several
small retention basins in the area, but they are not properly sized to accept all the water
that comes in with a major storm.
One solution that the study identified was acquiring land east of Washington Street in
Bermuda Dunes for use as a retention basin. If procuring land is necessary to
accommodate the water, Public Works would like to secure it before it is developed, or
prices increase further. However, it is possible that there are other solutions that don't
involve land acquisition. Therefore, Public Works has solicited proposals from
professional engineering consultants to perform a feasibility study to determine the most
cost effective solution to eliminate the flooding along Country Club Drive and
surrounding areas. Once the best alignment is selected, the consultant will perform
survey, utility research, hydrological and hydraulic analysis, environmental
documentation, and right-of-way services, if necessary. This represents the first phase
of engineering required to create a complete design package for the construction
project. The second phase will be under a separate contract and will include
geotechnical analysis, construction drawings, specifications and a cost estimate.
Proposals were solicited, and on March 8, the City received five proposals. The
consultants were ranked by the selection committee, based on the strength of the
proposal, the location of the consultant, and the cost.
Following are the top three firms in the order in which they were ranked by the selection
committee.
Consultant Location
Michael Baker International, Inc. Irvine, CA
Dudek Palm Desert, CA
PACE Fountain Valley, CA
Although Michael Baker International has an office located in Palm Desert, and some of
the work will be performed out of the Palm Desert branch, the hydrology team and the
project manager are based in Irvine. Based on this review, the selection committee
Contract No. C 35'it o
Staff Report
Award Contract for Engineering for the Line 4 Drainage Project
Page 3 of 3
May 12, 2016
recommends awarding the contract to Michael Baker International, Inc., to provide the
engineering and design services for the Line 4 Drainage Project.
Fiscal Analysis
The first phase of engineering will cost $281,744. The second phase of the project will
be dependent upon the results of the feasibility study, but the design, possible future
land acquisition and infrastructure construction are estimated to exceed $10 million.
Although the Drainage Fund would initially advance the funds for the design and
construction of the Line 4 Drainage Project, the City will be reimbursed by the
Successor Agency pursuant to the approved Project Area 4 Bond Fund Agreement.
Prepa�By: , _ / Department Head:
r, ject Administrator Mark Greenwood, P.E.
Director of Public Works
J net . Moore, Director of Finance
Approval:
ow�
hy, Interim C:y7
er
Contract No. C35310
LINE 4 DRAINAGE PROJECT
CITY OF PALM DESERT
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
PARTIES AND DATE.
This Agreement is made and entered into this 12th_ day of May , 20 16 , by and
between the City of Palm Desert, a municipal corporation, organized under the laws of the
State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm
Desert, California, 92260 ("City") and Michael Baker International, Inc., a Pennsylvania
Corporation, with its principal place of business at Irvine, California ("Consultant'). City
and Consultant are sometimes individually referred to herein as "Party" and collectively as
"Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional ENGINEERING consulting services required by the City on the terms and
conditions set forth in this Agreement. Consultant represents that it is experienced in
providing professional ENGINEERING consulting services to public clients, is licensed in
the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional ENGINEERING
consulting services for the LINE 4 DRAINAGE PROJECT, ("Project') as set forth in this
Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional ENGINEERING
consulting services necessary for the Project ("Services"). The Services are more
particularly described in Exhibit "A" attached hereto and incorporated herein by reference.
All Services shall be subject to, and performed in accordance with, this Agreement, the
exhibits attached hereto and incorporated herein by reference, and all applicable local, state
and federal laws, rules and regulations.
Contract C
3.1.2 Term. The term of this Agreement shall be from June 1, 2016 to
December 17, 2016, unless earlier terminated as provided herein. Consultant shall complete
the Services within the term of this Agreement, and shall meet any other established
schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor: Control and Pavment of Subordinates. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an
employee. Consultant retains the right to perform similar or different services for others during
the term of this Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Consultant shall also not be employees of City and shall at all times be
under Consultant's exclusive direction and control. Neither City, nor any of its officials,
officers, directors, employees or agents shall have control over the conduct of Consultant or
any of Consultant's officers, employees, or agents, except as set forth in this Agreement.
Consultant shall pay all wages, salaries, and other amounts due such personnel in connection
with their performance of Services under this Agreement and as required by law. Consultant
shall be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform
the Services in conformance with such conditions. In order to facilitate Consultant's
conformance with the Schedule, City shall respond to Consultant's submittals in a timely
manner. Upon request of City, Consultant shall provide a more detailed schedule of
anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to ADDlicable Reouirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Kev Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other
personnel of at least equal competence upon written approval of City. In the event that City
and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to
terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to
perform the Services in a manner acceptable to the City, or who are determined by the City to
be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or
a threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement
are as follows: Michael Sutton, P.E., Principal (Civil 57667); John McCarthy, P.E., Project
Manager (Civil 47583); Alan Ashimine, Environmental Lead.
3.2.5 City's Representative. The City hereby designates Mark Greenwood,
P.E., Director of Public Works, or his/her designee, to act as its representative in all matters
pertaining to the administration and performance of this Agreement ("City's Representative").
Consultant shall not accept direction or orders from any person other than the City Manager,
City's Representative or his/her designee. City's Representative shall have the power to act on
2 Contract C
behalf of the City for review and approval of all products submitted by Consultant, but not the
authority to enlarge the Scope of Work or change the total compensation due to Consultant
under this Agreement. The City Manager shall be authorized to act on City's behalf and to
execute all necessary documents which increase the Scope of Work or change the
Consultant's total compensation, subject to the provisions contained in Section 3.3 of this
Agreement.
3.2.6 Consultant's Representative. Consultant hereby designates John
McCarthy, P.E., Project Manager (47583), or his/her designee, to act as its representative for
the performance of this Agreement ("Consultant's Representative"). Consultant's
Representative shall have full authority to represent and act on behalf of the Consultant for all
purposes under this Agreement. The Consultant's Representative shall supervise and direct
the Services, using his/her best skill and attention, and shall be responsible for all means,
methods, techniques, sequences, and procedures and for the satisfactory coordination of all
portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all times.
3.2.8 Standard of Care; Performance of Emplovees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subconsultants shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subconsultants have all
licenses, permits, qualifications and approvals of whatever nature that are legally required to
perform the Services, and that such licenses and approvals shall be maintained throughout the
term of this Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from the
City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided for herein. Any employee of
the Consultant or its sub -consultants who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety
of persons or property, or any employee who fails or refuses to perform the Services in a
manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Re4ulations. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA requirements,
and shall give all notices required by law. Consultant shall be liable for all violations of such
laws and regulations in connection with Services. If Consultant performs any work knowing it
to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,
directors, officers, employees, agents, and volunteers free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
3 Contract C
3.2.10 Insurance.
Consultant shall not commence work under this Agreement until it has provided evidence
satisfactory to the City that it has secured all insurance required under this section. In
addition, Consultant shall not allow any subconsultant to commence work on any subcontract
until it has provided evidence satisfactory to the City that the subconsultant has secured all
insurance required under this section.
Without limiting Consultant's indemnification of City, and prior to commencement of Work,
Consultant shall obtain, provide and maintain at its own expense during the term of this
Agreement, policies of insurance of the type and amounts described below and in a form
satisfactory to City.
General Liabilitv insurance: Consultant shall maintain commercial general liability insurance
with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not
less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal
injury, and property damage, including without limitation, blanket contractual liability. Defense
costs shall be paid in addition to the limits. The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or
suits by one insured against another; or (3) contain any other exclusion contrary to the
Agreement.
Automobile Liability Insurance: Consultant shall maintain automobile insurance at least as
broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with Work to be performed
under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles,
in an amount not less than $1,000,000 combined single limit for each accident.
Professional Liabilitv (Errors S Omissions) Insurance: Consultant shall maintain
professional liability insurance that covers the Services to be performed in connection with this
Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the effective date of this
agreement and Consultant agrees to maintain continuous coverage through a period no less
than three years after completion of the services required by this agreement. Covered
professional services shall specifically include all work to be performed under the Agreement
and delete any exclusions that may potentially affect the work to be performed (for example,
any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks,
laboratory analysis, soil work, etc.). If coverage is written on a claims -made basis, the
retroactive date shall precede the effective date of the initial Agreement and continuous
coverage will be maintained or an extended reporting period will be exercised for a period of at
least three (3) years from termination or expiration of this Agreement.
Workers' Compensation Insurance: Consultant shall maintain Workers' Compensation
Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least
$1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver
of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees
and volunteers.
4 Contract C
Other provisions or requirements
Insurance for Subconsultants: All Subconsultants shall be included as additional insureds
under the Consultant's policies, or the Consultant shall be responsible for causing
Subconsultants to purchase the appropriate insurance in compliance with the terms of these
Insurance Requirements, including adding the City as an Additional Insured to the
Subconsultant's policies. Consultant shall provide to City satisfactory evidence as required
under Insurance Section of this Agreement.
Proof of Insurance: Consultant shall provide certificates of insurance to City as evidence of
the insurance coverage required herein, along with a waiver of subrogation endorsement for
workers' compensation. Insurance certificates and endorsement must be approved by City's
Risk Manager prior to commencement of performance. The certificates and endorsements for
each insurance policy shall be signed by a person authorized by that insurer to bind coverage
on its behalf. Current certification of insurance shall be kept on file with City at all times during
the term of this contract. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
Duration of Coveraae: Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property, which may arise from
or in connection with the performance of the Work hereunder by Consultant, his agents,
representatives, employees or subconsultants.
Citv's Rights of Enforcement: In the event any policy of insurance required under this
Agreement does not comply with these specifications or is canceled and not replaced, City has
the right but not the duty to obtain the insurance it deems necessary and any premium paid by
City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay
premium from Consultant payments. In the alternative, City may cancel this Agreement.
Acceptable Insurers: All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide,
unless otherwise approved by the City's Risk Manager.
Waiver of Subrociation: All insurance coverage maintained or procured pursuant to this
agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected
or appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against the City of Palm Desert, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
Enforcement of Contract Provisions (Non Estoppel): Consultant acknowledges and agrees
that any actual or alleged failure on the part of the City to inform Consultant of non-compliance
with any requirement imposes no additional obligations on the City nor does it waive any rights
hereunder.
Primary and Non -Contributing Insurance: All insurance coverages shall be primary and
any other insurance, deductible, or self-insurance maintained by the indemnified parties shall
not contribute with this primary insurance. Policies shall contain or be endorsed to contain
such provisions.
5 Contract C
Reauirements Not Limitina: Requirements of specific coverage features or limits contained
in this Section are not intended as a limitation on coverage, limits or other requirements, or a
waiver of any coverage normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a
waiver of any type.
Notice of Cancellation: Consultant agrees to oblige its insurance agent or broker and
insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment
for which a ten (10) day notice is required) or nonrenewal of coverage for each required
coverage.
Additional Insured Status: General liability, Automobile Liability, and if applicable, Pollution
Liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its
officers, officials, employees, and agents shall be additional insureds with regard to liability and
defense of suits or claims arising out of the performance of the Agreement, under such
policies. This provision shall also apply to any excess liability policies.
Citv's Riaht to Revise Specifications: The City reserves the right at any time during the term
of the contract to change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant's compensation.
Self -Insured Retentions.: Any self -insured retentions must be declared to and approved by
City. City reserves the right to require that self -insured retentions be eliminated, lowered, or
replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
Timely Notice of Claims: Consultant shall give City prompt and timely notice of claims made
or suits instituted that arise out of or result from Consultant's performance under this
Agreement, and that involve or may involve coverage under any of the required liability
policies.
Safety: Consultant shall execute and maintain its work so as to avoid injury or damage to any
person or property. In carrying out its Services, the Consultant shall at all times be in
compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed. Safety precautions, where
applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang
planks, confined space procedures, trenching and shoring, equipment and other safety
devices, equipment and wearing apparel as are necessary or lawfully required to prevent
accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of
all safety measures.
Additional Insurance: Consultant shall also procure and maintain, at its own cost and
expense, any additional kinds of insurance, which in its own judgment may be necessary for its
proper protection and prosecution of the work.
6 Contract C
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit "C" attached hereto and incorporated herein by reference. The total
compensation shall not exceed Two hundred eighty-one thousand seven hundred forty-
four dollars ($281,744) without authorization of the City Council or City Manager, as
applicable, per the Palm Desert Municipal Code. Extra Work may be authorized, as described
below, and if authorized, will be compensated at the rates and manner set forth in this
Agreement.
3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly
invoice which indicates work completed and hours of Services rendered by Consultant. The
invoice shall describe the amount of Services provided since the initial commencement date,
or since the start of the subsequent billing periods, as appropriate, through the date of the
invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all
non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the
City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any
disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for
any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the Parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Consultant shall not perform, nor be compensated for, Extra Work without
authorization from the City Council or City Manager, as applicable, per the Palm Desert
Municipal Code.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to
Section 3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal
as set forth in Exhibit "C."
3.3.6 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public works"
and "maintenance" projects. SINCE the Services are being performed as part of an applicable
"public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant
agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a
copy of the prevailing rates of per diem wages in effect at the commencement of this
Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each
craft, classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Consultant's principal place of business and
at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers,
employees, agents, and volunteers free and harmless from any claim or liability arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws.
7 Contract C
officials, officers, employees, subcontractors, consultants or agents in connection with the
performance of the Consultant's Services, the Project or this Agreement, including without
limitation the payment of all consequential damages, expert witness fees and attorneys fees
and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
3.5.6.2 Additional Indemnitv Obliqations. To the fullest extent permitted
by law, Consultant shall defend, with counsel of City's choosing and at Consultant's own cost,
expense and risk, any and all claims, suits, actions or other proceedings of every kind covered
by Section 3.5.6.1 that may be brought or instituted against City or its directors, officials,
officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against City or its directors, officials, officers,
employees, volunteers and agents as part of any such claim, suit, action or other proceeding.
Consultant shall also reimburse City for the cost of any settlement paid by City or its directors,
officials, officers, employees, agents or volunteers as part of any such claim, suit, action or
other proceeding. Such reimbursement shall include payment for City's attorney's fees and
costs, including expert witness fees. Consultant shall reimburse City and its directors, officials,
officers, employees, agents, and/or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if
any, received by the City, its directors, officials officers, employees, agents, or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Riverside County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 Citv's Right to Emplov Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.13 Construction: References: Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed calendar
days and not work days. All references to Consultant include all personnel, employees,
agents, and subconsultants of Consultant, except as otherwise specified in this Agreement.
All references to City include its elected officials, officers, employees, agents, and volunteers
10 Contract C
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit, augment,
or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third-Partv Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invaliditv: Severabilitv. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide employee
working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, City shall have the right to rescind this Agreement without
liability. For the term of this Agreement, no member, officer or employee of City, during the
term of his or her service with City, shall have any direct interest in this Agreement, or obtain
any present or anticipated material benefit arising therefrom.
3.5.19 Eoual Ormortunity Emr)lovment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subconsultant, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation, or to undertake self-
insurance in accordance with the provisions of that Code and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authoritv to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power,
right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
11 Contract C
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF PALM DESERT
in
Justin McCarthy, Interim City Manager
ATTEST:
M
Rachelle D. Klassen, City Clerk
APPROVED AS TO CONTENT:
By:
Mark Greenwood, P.E.
Director of Public Works
APPROVED AS TO FORM:
am
Robert Hargreaves, City Attorney
Best Best & Krieger LLP
MICHAEL BAKER INTERNATIONAL, INC.
in
an
Michael Sutton, P.E., Vice President
[INSERT NAME AND TITLE]
12 Contract C
EXHIBIT "A, -
SCOPE OF SERVICES
t 'Prohssional Engineering & Design S'wv' ces br .
Une 4 Drsinagsf Project No. 522-16.,
TECHNICAL APPROACHMORK PLAN
UNDERSTANDING THE TECHNICAL APPROACH
Project Understanding
The City is requesting proposals from qualified firms for the preparation of a feasibility study, data collection, hydrology and
hydraulic analysis, recommended facility plan, and required environmental documents for the Line 4 Storm Drain System
identified in the North Sphere Drainage Master Plan. The storm drain lines would be installed in portions of Country Club
Drive, Eldorado Drive, Frank Sinatra Drive and Tamarisk Row. These systems were recommended as part of the City's North
Sphere Drainage Master Plan prepared by VA Consulting in October, 2007. The recommended system (Line 4A and 4B) in
the Master Plan also includes a five acre retention basin located easterly of Washington Street on a vacant parcel in
unincorporated RC. The design work will be completed in two phases, with the first phase to include the feasibility study,
preliminary design and environmental documentation for the project. The second phase would include the final design for the
recommended improvements. This proposal is for the Phase 1 work.
The recommended improvements in the Master Plan include a five acre storm water
retention basin as the terminus of the Line 4A and 46 improvements. The land cost for
the basin was identified to be $5,000,000 in 2007. A key element of the work will be the
preparation of a feasibility study to re-evaluate the Master Plan recommendations to
determine if there is a more cost-effective solution for the terminus of the storm drain.
Potential alternatives identified in the RFP include extending the storm drain to outlet
into the Thousand Palms Channel or the Whitewater Channel. The Thousand Palms
Channel is approximately 4,000 feet from the basin site across the 1-10 freeway. The
5 Ames basin site south of
Country Club and east of
Washington Street.
Whitewater Channel is approximately 18,000 feet from the basin down Country Club and Indio Boulevard. Numerous other
vacant lots along these alignments may also provide retention basin opportunities. The CVWD is currently developing
improvements to various portions of these channel systems and coordination with CVWD will be an important element of the
feasibility analysis. Future CVWD improvements such as the Avenue 38 channel just north of the 1-10 could potentially offer
opportunities to outlet Line 4B and eliminate the need for the significant facilities along Tamarisk row. Understanding the
future regional improvements and identifying opportunities to work with these planned facilities could result in cost-effective
alternative solutions.
Desert hydrology and the design of appropriate flood protection can be challenging in
Michael Baker understands
the Coachella Valley due to the flashy nature of storm events and the terrain in the
desert hydrology and the
design of flood protection
valley. The City needs a consultant Team with the experience, advanced tools, and
systems in this environment
agency relationships to develop a cost-effective solution for the Line 4 Storm Drain
including the effective use of
2D modeling to reduce cost.
System. The preliminary design of the Line 4A & B systems include almost 32,000 feet
Technical Approach/Work Plan I Page 12
of new storm drain box culverts and reinforced concrete pipe at a project cost of over $23 million. In addition, Country Club
Drive and Washington Street are major City roadways with heavy traffic loads. Considering the improvement cost and impacts
to the City residences and businesses we believe it is important to use advanced 1 D and 2D hydrology and hydraulic modeling
to more accurately model the proposed system and develop recommendations for the final design. The Michael Baker Team
has the necessary experience and tools to effectively and efficiently complete the analysis and design to establish the
recommended improvements.
Technical Approach
The Team will engage City staff, stakeholders, and approving agencies in a collaborative and proactive process to define the
recommended storm drain improvements, resolve outstanding issues, support environmental clearance, and lead to the final
design and construction of the Line 4 improvements within the established schedule. The development of the evaluation and
development of a recommended design for the Line 4 system will be orchestrated in a dynamic process that is linked by a
genuine spirit of team work between Michael Baker, the City, stakeholders, and the approving agencies.
Michael Baker has identified several key issues which will need to be addressed to successfully complete this project.
Resolution of these key issues is incorporated into our project approach and scope and work. We have provided a brief
description of the issues, and our methods and innovative approaches to resolve them
Hydrology and Hydraulic Modeling
The existing hydrology by VA Consulting was prepared in 2007 at a master plan level and is proposed to be updated as part
of the Phase 1 work. In 2006, the National Oceanic and Atmospheric Administration (NOAA) published Atlas 14. Atlas 14 is
an update to the precipitation frequency data previously published in Atlas 2. The document includes approximately 40 years
of additional rainfall record data. RCFC&WCD hydrology manual guidelines indicate that the latest version of the NOAA atlas
will be used for precipitation data. Additional detail is necessary for the design of the project including the evaluation of street
flow depths to comply with City standards, using current rainfall and topographic data. Modifications to the hydrology to revise
the rainfall data and hydrology procedure are anticipated to modify the design flow rates. Michael Baker will use the latest
Advanced Engineering Software (AES) computer software to perform rational method hydrology analysis. Hydrology will be
performed for the 3, 6 and 24-hour duration storms for the 10-year and 100-year events, and following the procedures outlined
in the RCFC&WCD's Hydrology Manual.
Innovative Value -Added Approach: Desert hydrology can be described as flashy with short -duration high -intensity storm
events. These types of events can produce high peak flow rates with limited runoff volume due to the short duration. Designing
a storm drain system using a traditional 1D steady-state peak flow rate can result in significantly oversizing the storm drain
system by not accounting for the storage volumes in the street sections and storm drain facilities. Michael Baker proposes to
compare the results of traditional 1 D steady-state model to an advanced 2D unsteady model, with a goal of saving money on
storm drain construction costs.
Technical Approach/Work Plan I Page 13
rofessbnal Engineering & Design Servicis for ,
ne 4 Drainagj Project Na 522-16`.;,
To begin, Michael Baker will use WSPGW hydraulics program developed by
CIVILDESIGN Corp., which has recently been incorporated into the XP
Solutions software. The WSPGW program is a 1 D hydraulic analysis based
on a steady-state flow rate. This methodology does not account for the
actual volume of runoff during a storm event, and only uses the peak flow
rates calculated in the hydrology analysis. This program has been widely
used throughout Southern California and can be effective for the design of
storm drain systems. However, in areas with flat gradients, short -duration
storm events, and high downstream surface water controls, which is very
common in the desert areas like the City, the program can result in extremely
large storm drain systems. Michael Baker has extensive experience
Coupled 2D modeling used to develop
storm improvements for downtown
Redlands.
performing hydrology and hydraulics analyses in these areas, including projects in La Quinta, Palm Springs, and Cathedral
City. Storms in the low desert regions come and go quickly and traditional hydraulic modeling does not realistically mimic their
peak scenarios. WSPGW hydraulics does not consider the unsteady nature of storm water runoff or the volume of the runoff
compared to the volume of the street sections and storm drain conduit system. These factors can only be considered using
an unsteady dynamic model, and can potentially result in significant cost savings on a project. Therefore a second model,
XP-SWMM, part of the XP Solutions software package, will also be used to effectively model the physical realities of the
proposed storm drain system. A combined 1 D and 2D model will be developed to size the storm drain system and evaluate
the street flooding using unit hydrographs prepared in accordance with the RC guidelines. The Team has used the XP software
for other Southern California cities with construction cost savings up to 30% compared to steady-state modeling, with the
recent applications in the Coachella Valley. A comparison of the WSPGW and XP-Storm results will be prepared and
discussed with the City to determine which method is best used for the final design.
Available storm water retention opportunities exist along the project
alignment that could be used to reduce or eliminate some storm drain
requirements. Also, acceptable levels for flood conveyance in street sections
and opportunities to pond water in parking lots, fields, and other open space
could further reduce facility costs. For the City of Tustin, Michael Baker
prepared detailed 1 D/21) models of the existing and proposed storm drain
systems to identify ponding depths in streets and parking lots and worked with
the developers to grade lots to allow peak flow storage that eliminated the
need for costly drainage improvements outside of the City limits which saved
millions of dollars in cost and construction delays.
1 D and 2D analysis of subsurface storm
drain and acceptable flooding depths in
street and parking areas in the City of
Tustin.
Technical Approach/Work Plan I Page 14
Proh'ssional Engineering & Design Servkes for
Line 4 Drainage Protect No. 522-16 I'Q7Q -1
The Team will evaluate all
potential sites and options in
conjunction with the City to
identify the advantages and
disadvantages for the sites and
their potential to reduce the
overall system costs. The use of
the 2D flood modeling is
Existing fields at a Ronald Reagan School and Freedom Park are currently being
proposed for the modeling to full used for storm water storage and have opportunities for increased capacities.
evaluate the storm water runoff volumes and to consider both the volume in the existing/proposed retention basins and the
proposed storm drain facilities themselves. This evaluation by itself has the potential to significantly reduce storm drain pipes
and box culvert sizes.
Utility Coordination and Constructability
Utility coordination and mapping is critical on this project due to the potential for conflict with the existing utilities within the
street sections. It is essential that a good management plan and effective quality control be carved out during the planning
phase to minimize costly changes during the final design and construction that can overrun a project budget. Michael Baker
has extensive experience using the Virtual Design and Construction (VD&C)
approach to project design management. Civil 3D models give a real life
visualization of a design. Michael Baker proposes to complete the utility
mapping during the initial stages of the Preliminary Design Phase. By doing the
research up front, we will identify constructible systems that minimizes final
design and construction cost overruns due to re -work and construction delays.
During the alignment analysis, the locations of the utilities will be critical in
determining the final alignment of the proposed storm drain systems. The
Michael Baker Team includes Kana, who have extensive experience potholing
to assist in understanding the constraints if necessary.
ROW Constraints and Acquisition
Civil 3D model of existing utility
systems in a street section used to
facilitate a planned storm drain
alignment.
The conceptual alignment of the storm drainage and retention basin improvements in the RFP includes impacts to private
properties. An evaluation of other possible alignment or basin locations will also have private property impacts. Effective
ROW coordination, management, and acquisition will be critically important in the feasibility study and for the final
recommendations and project implementation. The engineers and environmental specialists at Michael Baker will work in
conjunction with the City to assess the ROW requirements and develop an alignment to minimize the required acquisition of
Technical Approach/Work Plan I Page 15
35r1l� P7-
mall En�nooring & > gn Services for
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land. The Michael Baker Team is supported by TJC Property services to effectively assess real estate acquisition costs and
opportunities.
Multi -Agency Coordination
The project is located predominately in the City, however, the proposed retention basin is located in unincorporated RC, and
alternative connections to regional facilities will require approval from CVWD. Connections to the Thousand Palms Channel
could also impact Caltrans highways and Union Pacific Railroad (UPRR) tracks. The Team has a close relationship and
experience working with RC (Flood and TLMA), CVWD, Caltrans, and UPRR. We will coordinate with the City, CVWD and
the other agencies early and often to facilitate dialogue and direction for the alternative alignment study and project
recommendations. It is important to understand the requirements of the City, County, and CVWD as well as getting input from
the other impacted agencies in order to fully evaluation alternatives and develop a project that will be acceptable for final
design and construction.
WORK PLAN AND PROJECT SCHEDULE
The Phase 1 work will focus on the preparation of technical studies and a comprehensive alternatives analysis for selection
of the recommended alternative to address the project goals, and to support the CEQA documentation. The City, CVWD and
others have prepared several hydrologic and hydraulic models of this watershed and surrounding facilities during previous
studies. This phase of work will focus on coordinating and expanding the studies and level of detail to develop a recommended
system for the storm drain improvements to provide the required level of protection and minimize project impacts. The work
effort during this phase will include collecting data/models from the previous studies, and completing the hydrology and
detailed hydraulic analyses for the development of an alternatives feasibility analysis. Detailed hydrology will be prepared for
the study area. We will use the previous hydrology models where possible and modify them as necessary to provide the
required level of detail. Coupled 1 D and 2D hydraulic flood routing models will be used to develop the system requirements.
This phase will also include baseline studies for the preparation of topographic mapping, utility coordination, ROW mapping,
and environmental constraints that will be important factors in the alternatives analysis. Coordination with CVWD and
RCFC&WCD will be initiated early in the process to discuss opportunities and constraints, and alternatives for the discharge
of Line 4.
A feasibility and value -engineering assessment for the project alternatives will be prepared, and a recommended project for
final design will be identified. A technical project report will be prepared to support the recommendation and for inclusion as
part of the alternatives analysis for the City's CEQA document. The Michael Baker approach is to develop an Alternatives
Analysis that is prepared in a way so that it can be used for CEQA compliance (typically two separate analyses are required).
The conclusion of the Phase 1 work will result in the conceptual approval of the preliminary design plans for the recommended
improvements.
Technical Approach/Work Plan I Page 16
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"li'rofassional EnginNrIIng & Design Services for
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Recommended Scope of Work
Addressing the key issues associated with the project will dictate the work approach which basically follows a sequential and
logical planning process. We will avoid schedule and budget problems through early resolution of project issues, and timely
consultation with the City, CVWD, and other agencies. The goal of the project will be to develop a cost-effective and feasible
alternative for the installation of the proposed Line 4 improvements. In our experience in the development of major storm drain
facilities, there are several essential factors involved in providing the most effective product that satisfies the goals of the
project. These factors have been incorporated into the technical work program that we have developed for the project.
• Develop a solid technical analysis of the baseline existing conditions to provide a foundation for innovation and
formulation of alternatives.
• Clearly define the project goals, and establish the design criteria used for all technical analysis, alternative formulation,
and feasibility comparison including hydraulics results comparisons (WSPGW versus XP storm).
• Identify design constraints early in the project development.
• Provide a clear line of communication for the resolution of project issues, conflicts and constraints identified in the
development process with the City, County, CVWD and other reviewing agencies.
The proposed Work Plan is based upon our previous experience with the engineering and design of similar storm drain
improvement projects and the requirements in the RFP. The following task items are proposed to be prepared to successfully
complete the project:
Task 1— Project Administration and Meetings
1.1 Kick-off Meeting. Michael Baker will hold a Kick-off meeting to commence the project with the City. Michael Baker will
prepare the meeting agenda and meeting minutes. The meeting will be used to initiate the project and discuss schedules,
communications, expectations, critical issues, and design criteria.
Deliverables: Meeting agenda and meeting minutes
1.2 Project Meetings and Coordination. Michael Baker will manage project duties for the full project in order to assure a
cost-efficient, quality process. As the prime contractor, our staff will provide a suite of disciplines to effectively coordinate and
communicate leading to design approval. This task includes overall project management, project schedule and maintenance,
liaison with affected agencies, meeting leadership, progress monitoring and maintenance of project files. Michael Baker will
supervise, coordinate, monitor and review design for conformance with agency standards, policies and procedures. As a part
of this task, Michael Baker will have monthly progress meetings with the City.
Deliverables: Meeting attendance, agendas, and minutes; project schedules
Technical Approach/Work Plan I Page 17
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Task 2 — Project Research and Data Collection
Michael Baker will obtain and review existing available technical studies from the City, CVWD, Caltrans, USACE, Federal
Emergency Management Act (FEMA), and other known sources related to the project improvements. The information
collected will include hydrology and hydraulics studies, environmental documents, geotechnical studies, future proposed
development projects, as well as as -built plans for existing facilities along the project reach including the upstream and
downstream tie-in locations.
Deliverables: Summary of existing data pertaining to the project improvements
Task 3 — Surveying and Mapping
3.1 Survey Control/ROW Mapping. Michael Baker will research and review record information and other survey and mapping
control data to compile a preliminary base map. Upon completion of this review and compilation, Michael Baker will perform
a field survey to establish control for the project to locate and measure existing monumentation, including, but not limited to,
quarter corners and section comers, including City benchmarks local to the project. The data from the field survey will be
processed through a least squares adjustment, analyzed and constrained to local CORS stations to establish coordinate
values for monuments, aerial targets, benchmarks and other survey control points observed in the field survey. The basis of
horizontal control will be State Plane coordinates on the North American Horizontal Datum of 1983 (NAD83), and the vertical
control will be based on North American Vertical Datum of 1988 (NAVD88). All survey data will be combined and compiled
together with record information to establish a base map showing the project rights of way, property lines and centerline
control.
3.2 Topographic Survey Base Map. Michael Baker will prepare an Aerial Topographic Map of the project at a scale of 1 "=40'
with one foot contour intervals. The work will include preparation of the flight plan and target layout, acquiring imagery,
analytical aerotriangulation, compilation of the plannimetric and topographic features to digital medium, and final analysis of
ground survey check profiles to verify ground truth and accuracy of the compiled aerial map.
Additionally, Michael Baker will perform a supplemental field survey to augment the Aerial Topographic Map and locate and
identify any utilities obstructed from aerial view and verify the character of above -ground utilities. This field survey work will
also obtain invert elevations of required underground facilities along the proposed route.
3.3 Utility Base Map. The City will relay the utility plans from various purveyors to Michael Baker so that data can be inserted
into a CAD base map. Michael Baker will review record drawings, utility maps and proposed future utility improvements
received from the utility companies, and will prepare a utility base map based upon the information provided on the drawings.
Deliverables: Topographic and utility maps
Technical Approach/Work Plan I Page 18
MOProfessional Engineering do Design Services for
Line 4 Drainage Project No. 522-76
Task 4 — Hydrology and Hydraulic Studies
Michael Baker will review all relevant existing drainage study documents and verify existing drainage conditions within North
Sphere Line 4 area delineated in the Drainage Master Plan (VA 2007). Michael Baker will then perform an independent
Hydrology Study that will update the recommendations and findings of the Drainage Master Plan. The hydrology study will
conform to the current RCFC&WCD Hydrology Manual and guidelines, will incorporate changes in field conditions, and provide
sufficient hydrology detail that can be used in the proposed system design. For drainage area delineation, Michael Baker will
utilize topographic data developed from aerial and field survey, and supplement with existing County of Riverside and CVWD
topographic data. Hydrology calculation will be performed utilizing the latest version of AES software (RATSCx and
FLOODSCx for rational method and unit hydrographs methods, respectively). The rational method hydrology will be used to
size the storm drain inlets while synthetic hydrographs will be used to determine flow volumes for the 2D flood routing analysis
pipe system and retention basin sizing. This hydrology study will evaluate the 3-, 6-, and 24-hour duration storm for the 10-
year and 100-year events based on the most current rainfall data published in the NOAA Atlas 14. The proposed storm drain
systems will be sized to convey the worst case duration, 1 0-year storm below the top of curb elevation and the 100-year storm
within the public ROW. This task will include delineation of the tributary drainage area and project hydrology map.
Deliverables: Hydrology and hydraulics studies
Task 5 — Feasibility Study
Michael Baker will prepare an alternatives analysis to determine the most viable project option that is acceptable to City,
County, CVWD, stakeholders, and the regulatory agencies. The proposed retention basin and storm drain identified in the
RFP will be evaluated, along with new alternative alignments and modifications identified by the Team. A matrix of evaluation
criteria will be developed and analyzed in conjunction with City to identify a recommended project. The analysis will include
concept design plans, hydraulic effectiveness, preliminary construction costs, utility conflicts, ROW, environmental impacts
and mitigation requirements, traffic control, constructability, and other intangible impacts. A conceptual plan will be developed
for each alternative that is evaluated in detail. The Team will prepare the conceptual plan for the alternatives and use the
horizontal and vertical alignments for the preliminary system hydraulics. The concept plans will be used to identify ROW
constraints, environmental impacts, and utility conflicts. Michael Baker's environmental and regulatory staff will use the
analysis to support the environmental documentation. Michael Baker's in-house construction management staff will review
each alternative for value engineering and constructability. The Alternatives Analysis will serve as the foundation for the
environmental documentation.
Deliverables: Alternative conceptual designs; altematives evaluation matrix; recommended improvements
Technical Approach/Work Plan I Page 19
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Linn 4 Drainage Project - No. 522- 6
Task 6 — Preliminary Design Report
Michael Baker will prepare a preliminary design report which will present and document the results of the alternatives analysis.
The report will include text, graphics, preliminary plan layouts, alternatives analysis discussion, and recommendation of a
preferred project. Technical analysis will be summarized with detailed analysis provided as an appendix.
Deliverables: Draft and Final Preliminary Design Reports
Task 7 - Preliminary Improvement Plans
Michael Baker will develop preliminary design plans for the recommended alternative from the project refinement and
Alternatives Analysis. The plans will be prepared for all sections of the recommended improvements. The plans will include a
detailed plan layout utilizing the compiled base mapping. Additional information to be included on the plans will be facility
sizes, typical cross sections, utility locations/conflicts, and ROW requirements. A vertical profile of the systems will be
developed and used for the detailed hydraulic analysis. The plans will clearly delineate and define the project improvements
to develop a project description necessary for the preparation of the regulatory permits.
Deliverables: Preliminary improvement plans, preliminary engineers estimate
Task 8 — Environmental Documentation
Michael Baker will prepare an Initial Study/Mitigated Negative Declaration (IS/MND) under CEQA. While the use of a
Categorical Exemption was explored for the project, the proposed facilities would involve a sizable increase in drainage
capacity within the area. The length of pipeline improvements would require construction in proximity to a diverse range of
land uses and result in traffic disruption over the short term. As such, based on a preliminary review of the proposed project,
a scope of work for the IS/MND is provided below.
8.1 Technical Studies. Michael Baker will prepare the following technical studies to support the analysis within the IS/MND:
Task 8.1.1 Air Quality. Fugitive dust and equipment exhaust emissions from construction activities will be quantitatively
evaluated using the California Emissions Estimator Model version 2013.2.2 (CalEEMod). The air pollutant emissions during
construction will be compared to the SCAQMD regional thresholds of significance. Modeled construction will also be compared
to the SCAQMD Localized Significance Thresholds to determine whether the localized impacts would occur. The operational
analysis will be qualitative and address the fact that the project would not include any operational equipment or generate a
significant amount of vehicle trips. Project consistency with the 2012 Air Quality Management Plan will be evaluated. Michael
Baker will also qualitatively discuss naturally occurring asbestos impacts. The results of the air quality analysis will be
summarized within the IS/MND. A description of existing conditions, potential impacts, and mitigation measures (if applicable)
will be provided.
8.1.2 Greenhouse Gas Emissions. Michael Baker will prepare an inventory of the greenhouse gas (GHG) emissions (i.e.,
nitrous oxide, methane, and carbon dioxide) from direct sources (i.e., construction equipment). The emissions inventory will
Technical Approach/Work Plan I Page 20
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~Professional Engineering & Design Services for
`Line 4 Drainage.Projs No. 522- 6 �
be compiled utilizing CaIEEMod. The operational analysis will qualitatively describe operational activities based on the
assumption that the project would not include any operational equipment or generate a significant amount of vehicle trips.
The results of the GHG analysis will be summarized within the IS/MND. A description of existing conditions, potential impacts,
and mitigation measures (if applicable) will be provided.
8.1.3 Noise. Michael Baker will review applicable noise and land use compatibility criteria for the project area. Noise standards
regulating noise impacts will be discussed for land uses adjacent to the proposed roadway improvements. The construction
noise impacts will be evaluated in terms of maximum levels (Lmax), hourly equivalent continuous noise levels (Leq), and the
frequency of occurrence. The operational noise analysis will qualitatively address the fact that the project would not include
any operational equipment or generate a significant amount of vehicle trips. Compliance with applicable noise standards will
be evaluated, with recommended mitigation measures included where appropriate. This scope excludes on -site noise
measurements. The results of the noise analysis will be summarized within the ISIMND. A description of existing conditions,
potential impacts, and mitigation measures (if applicable) will be provided.
8.1.4 Cultural Resources. Michael Baker has retained Cogstone Resource Management, Inc. to prepare a Cultural
Resources Report for the project. The Report will be based upon a literature search to be performed at the Eastern Information
Center (EIC) and the Western Science Center (WSC). The Report will also include assistance to the City with consultation
with Native American tribes as required under CEQA and AB 52. The report will characterize the results of the records search
and previous consultation efforts, to determine baseline conditions, assess potential impacts to cultural resources resulting
from the project, and make appropriate recommendations to avoid or minimize any potentially significant impacts. The results
of the Cultural Resources Report will be summarized within the IS/MND. A description of existing conditions, potential impacts,
and mitigation measures (if applicable) will be provided.
8.1.5 Biological Resources. Michael Baker's in-house team of biologists will prepare a Biological Habitat Assessment for
the proposed project, Given the developed nature of the proposed pipeline alignment within City roadway ROW, it is
anticipated that the Habitat Assessment would focus on potential impacts at the five -acre basin included as part of the project.
The Habitat Assessment would include a literature review existing database and agency records, a detailed field survey, and
preparation of a biological technical report. The report will document all plant and wildlife species and habitats currently
occurring onsite, the site's potential to support any special -status species, and whether the site supports potential jurisdictional
and riparian/riverine features. The report will include a map of the plant communities occurring onsite and their respective
acreages. The report will include a brief analysis of the project impacts to biological resources, suggestions for updating
previous clearances issued for the project that may be needed prior to development, and mitigation measures, if needed.
8.2 Research and Investigation. Michael Baker will initiate the CEQA process by attaining and evaluating necessary
information with respect to the proposed project. Project research will include coordination with the City to acquire relevant
environmental data, previous studies for the area and other available files, exhibits, maps, and reference documents. The
Technical Approach/Work Plan I Page 21
Pro%ssllonal Engineering dr Design Services for.
Line 4 Drainage Project . No. 522-16 , .� .
lk
investigation will include a site visit to review existing land uses and environmental conditions, as well as a photographic
inventory of on -site and surrounding uses. Based upon the detailed information obtained during project initiation, Michael
Baker will draft a preliminary project description for incorporation into the Initial Study.
8.3 Preparation of Initial Study. Michael Baker will prepare an Initial Study in accordance with the CEQA Guidelines. The
Initial Study will include detailed explanations of all checklist determinations and discussions of potential environmental
impacts. The analysis will be in accordance with Public Resources Code Section 21080 (c) and CEQA Guidelines Section
15070.
8.4 Preparation of the Public Review IS/MND. With the anticipated conclusion in the Initial Study that no significant
environmental effects will occur, a Mitigated Negative Declaration (MND) will be prepared. Following this determination,
Michael Baker will prepare the Notice of Intent to Adopt (NO1) and the MND for City review. The NO1 and MND will be attached
to the Initial Study to fully explain the proposed project and its effects. Twenty-five (25) copies, one (1) camera-ready original,
and an electronic file of the IS/MND will be provided to the City. All technical appendices will be provided in PDF format on
CD. Michael Baker will submit the IS/MND to the State Clearinghouse and additional agenciesfinterested parties as directed
by the City. This task assumes that the City would be responsible for any radius mailing or newspaper noticing required for
public review. The ISIMND would be subject to a mandatory 30-day public review period.
8.5: Preparation of the Final ISIMND. Michael Baker will prepare a draft Final ISIMND for City review and approval. Michael
Baker will respond to City comments on the draft final document. The final document will include a purpose subsection,
reference the review process, comments letters received, responses to comments, and any required edits/updates to the
Public Review document. Also included within this task is the Mitigation Monitoring and Reporting Program (MMRP) in
accordance with Public Resources Code Section 21081.6 (AB 3180). Fifteen copies (15), one (1) camera-ready original, and
an electronic file of the Final IS/MND will be provided to the City. Michael Baker will provide the document to each
agency/interested party who submitted a comment letter during the 30-day public review period. Due to the unpredictable
nature of potential comment letters received during the public review period, this task is limited to a maximum of twelve (12)
hours for Responses to Comments. Additional effort necessary for the Responses to Comments process (due to a high
volume of comment letters, complex issues raised in comment letters, etc.) would be performed on a time and materials basis.
Upon adoption of the IS/MND by the City, Michael Baker will prepare a Notice of Determination (NOD) and will file the notices
at the County Clerk's Office.
8.6 Coordination and Meetings. Michael Baker will provide project oversight, quality assurance, and quality control. This will
include consultation and coordination of the project and the environmental review for compliance with CEQA requirements
and consultation with State and local agencies regarding the environmental documents. Michael Baker will provide
management services to implement the work program and coordinate the effort with City staff. This task also covers costs
necessary to administer the contract for this effort. Michael Baker will attend up to one (1) staff -level meeting and two (2)
Technical Approach/Work Plan I Page 22
ofessional Engiiniariny & Design Senrk.es f4
public hearings for the project. Should the City determine that additional meetings are necessary, services will be provided
under a separate scope of work on a time and materials basis.
Deliverables: Five (5) copies of the Administrative Draft Initial Study with Technical Appendices on CD; Twenty-five (25) copies
of the Public Review IS/MND with Technical Appendices on CD; and Fifteen (15) copies of the Final IS/MND.
Task 9 — ROW Acquisition, Feasibility and Cost Estimate
TJC will review the preferred alignment and will provide feasibility and costs to acquire the ROW necessary for completion of
the storm drain project. TJC will meet with the Team and assist in the identification of locations for potential retention basins
and necessary access rights to same. TJC will assume two Team/project meetings and approximately 10 hours of field
research for site identification. TJC will research title and ownership data of identified sites and access rights. TJC will also
research and estimate ROW and ancillary costs associated with the acquisition of the alternative retention basin sites and
attendant access rights. It is assumed that a maximum of three alternative sites will be analyzed. A ROW cost analysis will
be written and submitted for each alternative.
Project Schedule
The Michael Baker Team will compile existing data, complete technical studies, and develop and evaluate alternative designs
and identify a recommended alignment and configuration for the Line 4 Storm Drain System improvements. The following
schedule is based upon our understanding of the scope of work. We believe this schedule is feasible within the usual
constraints experienced on similar projects. The project schedule by task and sub -task item is included on the following page.
QUALITY, BUDGET, AND SCHEDULE CONTROL METHODS
Project Management and Control
Our experience has allowed us to establish a project management/delivery plan that Michael Baker's internal controls
can be organized and executed efficiently, ensuring smooth operational control focus on providing a quality
throughout the project. Project Manager (PM)John McCarthy will be responsible for Project with every submittal,
monthly project reporting, scheduling, organization of meetings and preparation of meeting minutes, and all routine project
coordination. As an integral part of project management, John will be responsible for the implementation, tracking, and
maintenance of the project scope and costs, schedule, and QA/QC.
Scope/Cost Controls
John will monitor design contract costs against the established baseline fee. He will employ the Work
Breakdown Structure (WBS) and Earned Value Management (EVM) systems to control consultant
contract costs. Each task and sub -task in the WBS will have its own budget. All tasks will be included
in one EVM report, which will be the basis for invoicing. John will monitor progress on the EVM against
the percent budget spent.
Technical Approach/Work Plan I Page 23
EXHIBIT "B"
SCHEDULE OF SERVICES
t i egtM. .am - A-- P
rofessionalnal Engineering & Design Servkes for
Line 4 Drainage Pro". No. 522-16 L
Schedule Control
John will develop and maintain a critical path method schedule for each project awarded to Michael Baker. He will also
organize and provide the staffing and technical resources required to meet the schedule. Job progress is monitored with
establishment and monitoring of milestone dates, and continually updating the schedule throughout project and briefing the
City monthly, at a minimum.
Quality Control
Brad Losey, QA/QC Manager will ensure an auditable and back checked process is in place to comply with project standards.
John will work with Brad and the City's PM to develop a Project Specific Quality Management Plan (PSQMP) for all
deliverables developed by our Team. This plan will define specific criteria, processes, and roles/responsibilities of all project
Team members.
SCHEDULE
10 jTask Name
I 1 ]lPHASE 1: PRELIMINARY DESIGN
1 z 1 Task 1- Project Meetings and Coordination
7 I 1 1 Project Notice to Proceed / Kick oft Meeting
12 Project Meetings and Coordination
i s i Task 2 - Project Research and Data Collection
e Collect and Review Data
Task 3-Survey and Mapping
ie 3 1 Survey ControllRight-of-Nay Mapping
s
i 3 2 Topogrephldt Survey Base Map
10 3 3 Unity Base Map
11 Task 4 - Hydrology and Hydraulic Studies
tz Hydrology Analysis
13 I Hydraulic Modeling
14 Tasks 5, 6, and 7 - Atterantrves and Preliminary Design
tS I 5 Feasibility Study
1e 6 Draft Preliminary Design Report
17 I Design Review Meeting
lie City Review
to Final Preliminary Design ReporURecommended AR
(F 7 Preliminary Improvernont Plans
f DistrIMCity Review
$ Task 6 - Envlronmental Documentoon
b 7 Prgect sort Up
T4 Technical Studies/Supporting Documentation
D Adtrinstrative Draft IS/MND 6 Agency Review
x 30-0ay Public Review
21 Final IS/MND and Agony Review
Task 9 - Right -of -Way Acquisition and Cost Estimates
ClienTask
Dirts, on 0` Palm DMM
Dan Mon l/7n a h"evixio #
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Project Summary Schedule
Palm Desert Line 4
Duration;
Stan
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30 days
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4 wks
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45 days
Mon 5123116
Fri 7/22/1Is
4 wits
Mon 5123/18
Fri 8/17/1d
6 wks
Mon 15113/16
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65 days
Mon 714116
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4 wks
Mon 714/16
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Mon 7/18/18
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Technical Approach/Work Plan I Page 24
EXHIBIT "C"
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