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Request for Proposals (RFP) City of Torrance | 3031 Torrance Blvd, Torrance CA 90503 | www.TorranceCA.Gov

RFP No. B2021-38 RFP for Engineering Design Services for

Torrance Airport Stormwater Basin Project, I-174

RFP Submittal Information Mail or Fedex submittals preferred. Drop off proposals can be arranged by leaving

proposals at the front door of the facility and calling (310) 781-6900 for acceptance, as the facility may still be closed to the general public.

No faxed proposals will be accepted. Late proposals will not be accepted. No Exceptions

Location: Public Works Department 20500 Madrona Avenue Torrance, CA 90503

Date: Monday, October 11, 2021

Time Deadline: 3:00 p.m. Local (Pacific) Time

Submittal Requirements

Four (4) printed copies and one (1) electronic copy in a flash drive of your RFP submittal must be in a sealed envelope and marked with the RFP number and title by the deadline time listed above. Your submittal shall be bound and must include the following:

Cover Letter: Signed by the person authorized to contractually obligate and negotiate the contract on behalf of the proposer’s organization.

Section 1 - Project Understanding and Approach: Explain your firm’s overall understanding and approach to completing the work.

Section 2 - Detailed Scope of Work: Prepare a detailed scope of work based on the task elements requested in SECTION II TECHNICAL REQUIREMENTS of this RFP and information gathered during the field investigation. Include scope assumptions and list of deliverables.

Section 3 – Proposal Submittal (Pages 19 through 25 of this RFP on the forms provided). Please attach additional sheets/pages if additional space is required.

Section 4 - Proposer’s Affidavit: See Attachment 1 of this RFP

Section 5 - Project Schedule: Prepare a detailed project schedule for each phase depicting all major tasks for each project phase, milestones, meetings, and deliverables.

Section 6 – Project Team: Provide Key Project Team’s organization chart, describe background, roles and responsibilities, and resumes of the key team members that will be assigned to each Project.

(Proposers that do not provide these items in their proposal will be disqualified and their proposal will not be evaluated).

Prior to the award of a Contract The successful vendor, must submit the following to the City of Torrance

Proof of insurance and applicable bonds, as indicated in the terms and conditions of this RFP document.

Proof of a City of Torrance Business License, please contact the City of Torrance Business License Office at (310) 618-5923.

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Notice of Mandatory Pre-Proposal Job Walk

The City will conduct a mandatory Job Walk for prospective proposers. The City is inviting only two (2) representatives from each proposer for the Job Walk and will be asked to sign a waiver (see Release of Liability and Assumption of Risk available on the City’s website at https://www.torranceca.gov/our-city/public-works/civil-and-traffic-engineering/capital-improvement-projects/torrance-airport-storm-water-project-i-174). The pre-proposal job walk will start promptly at the time and location listed below. All attendees are required to wear construction site PPEs (i.e., footwear, safety vest, and hard hats) and recommended to bring a flashlight for use inside the abandoned Nike Missile Silos. Only one (1) person from each proposer will be allowed inside the abandoned Nike Missile Silos. Parking will be at the General Aviation Center (GAC) parking lot and sign-in is located at the entrance. All attendees shall use their own vehicle and are required to follow vehicle escort when proceeding to the site. All individuals attending the job walk must stay with the group for the entire event.

Location: General Aviation Center (GAC) 3301 Airport Dr., Torrance, CA 90505

Date: Friday, October 1, 2021 Time: 9:30 am

Questions Regarding this RFP Must be Submitted in the Form of an E-Mail Your E-mail must include the RFP number and RFP title in the subject heading. The deadline to submit questions is no later than 12:00 Noon Pacific Time on Monday, October 4,

2021. Your questions should be directed to:

John Dettle and Wilson Mendoza Engineering Manager Assistant Engineer JDettle@TorranceCA.Gov WMendoza@TorranceCA.Gov

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RFP No. B2021-38 RFP for Engineering Design Services for

Torrance Airport Stormwater Basin Project, I-174

SECTION I RFP INSTRUCTIONS AND INFORMATION

Notice is hereby given that sealed proposals will be received at the office of the Public Works Department, 20500 Madrona Avenue, Torrance, CA 90503, until 3:00 p.m. on Monday, October 11, 2021. Four (4) printed copies and one (1) electronic copy in a flash drive of each proposal must be submitted in a sealed envelope and clearly marked: “RFP for Engineering Design Services for Torrance Airport Stormwater Basin Project, I-174, RFP No. B2021-38”. The City of Torrance:

The City of Torrance is on the western side of Los Angeles County. It is boarded by the Palos Verdes Peninsula on the south, the City of Gardena on the north, the City of Redondo Beach on the north and west boundaries, the City of Lomita on the east and the Pacific Ocean on the west. The City encompasses an area of approximately 21 square miles, 329 miles of Streets, 1870 intersections, 550 miles of sidewalks, 47,000 Street Trees, 6 Public Libraries, a Municipal Airport, Transit System, 46 Parks & Recreation Amenities, 6 Fire Stations, 1 Police Station and 1 Police Community Center, and has an estimated population of approximately 146,115, which makes Torrance one of the top 10 cities in Los Angeles County in regards to population. Background:

This Request for Proposals is to solicit engineering services to perform the pre-design and final design of the Project, along with select environmental and regulatory support services.

The City of Torrance (City) in partnership with the Palos Verdes Peninsula Watershed Management Group (PVP WMG) is seeking to improve water quality and the ecological health of Machado Lake and address the Machado Lake Nutrient and Toxics Total Maximum Daily Loads (TMDL) through the implementation of the Torrance Airport Storm Water Basin Project. The PVP WMG consists of the Cities of Rancho Palos Verdes, Palos Verdes Estates, and Rolling Hills Estates, and unincorporated areas of the County of Los Angeles and Los Angeles Flood Control District (LACFCD) facilities. The City of Rolling Hills is not participating in the Peninsula Enhanced Watershed Management Program (EWMP). The Project will improve water quality and increase water supplies through innovative stormwater capture and treatment techniques. The project will also reduce total phosphorus (a primary pollutant) and total nitrogen (a secondary pollutant) in the watershed. The Torrance Airport Storm Water Basin Project, I-174 (Project) which is anticipated to capture up to 55 acre-feet of stormwater and urban runoff per year from a 3,242 acre drainage area will divert the storm water from the LACFCD 1970 Bond Issue Project No. 9827 Unit 1, Line B (Dwg. No. SD-1034) storm drain that originates in the Palos Verdes Peninsula and travels across the Torrance Airport and store into subterranean storage facilities located under a portion of Zamperini Field (a public airport owned by the City of Torrance). The pretreated stormwater in the underground reservoirs will be scheduled for controlled release to the sewer system for treatment at the Joint Water Pollution Control Plant (JWPCP) in Carson or pumped back to LACFCD storm drain as part of Harbor City Park Multi-Benefit Stormwater Capture Project. The Project will help reduce storm water pollution at Machado Lake, an impaired water body located in Ken Malloy Harbor Regional Park. The Project also aims to achieve displacement avoidance by helping mitigate the risk of flooding to Harbor City, located in a disadvantaged community. Funding for this project has been provided in full from the Los Angeles County Flood Control District’s Safe, Clean Water Program. The Project has been selected for inclusion in the Regional Program Stormwater Investments Plans (SIPs) in the amount of $906,000.

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Project information is available on the City’s website at https://www.torranceca.gov/our-city/public-works/civil-and-traffic-engineering/capital-improvement-projects/torrance-airport-storm-water-project-i-174 Definitions:

Word Definition as applied to this RFP

City The City of Torrance, California

Vendor, Contractor, Proposer, Firm or Consultant

The person, firm, company or corporation providing services to the City, or submitting a proposal in response to this RFP

Contract, Purchase Order, Agreement, Purchasing

Agreement

The agreement between the awarded Vendor and the City as a result of this Request for Proposals

Proposal Submittal Form:

The proposal must be made on the form provided for that purpose, enclosed in a sealed envelope, and marked “RFP for Engineering Design Services for Torrance Airport Stormwater Basin Project, I-174, RFP No. B2021-38 and addressed to the Public Works Department, City of Torrance, 20500 Madrona Avenue, Torrance, CA 90503. If an individual makes the proposal, it must be signed by that individual, with an address and telephone number. If made by a business entity, it must be signed by an authorized person that executes binding agreements and contracts. A full business address and telephone are required. Blank spaces in the proposal form must be completed using ink, indelible pencil, or typewriter. The text of the proposal form must not be changed and no additions. Any unauthorized conditions, limitations, or provisos attached to a proposal will render it informal and may cause its rejection. Alterations by erasure or interlineations must be explained or noted in the proposal form over the signature of the Proposer. Questions:

Submit questions in writing via email to John Dettle, Engineering Manager at JDettle@TorranceCA.Gov and Wilson Mendoza, Project Engineer at WMendoza@TorranceCA.Gov by 12:00 P.M Noon, local Pacific Time on Monday, October 4, 2021. No questions via telephone. No questions submitted after deadline. Written answers and any other changes to the RFP will be sent (via email or the US Postal Service) to all known prospective proposers as an addendum to the RFP. To ensure fairness and avoid misunderstandings, all communications must be in written format and submitted via e-mail by the due date. Any communications whether written or verbal to any person other than the designated individuals listed on page 2, prior to award of a contract/purchase order is strictly prohibited and may cause disqualification. Errors and Omissions:

The proposer may not take advantage of any errors and/or omissions in these specifications or in the proposer’s specifications submitted with its proposal. If there are errors or omissions, you will be notified. Proposers Examination of Requirements:

The Proposer is required to examine carefully the site, the instructions, information and specifications of this document, investigate the conditions, the character, quality and quantity of work to be performed as required by this document. Submission of a proposal will be considered prima facie evidence that the Proposer has made such examination.

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Reservation:

The City reserves the right to revise or amend these specifications prior to the date set for opening proposals. Revisions and amendments will be identified by an addendum to this RFP. If the revisions require additional time to enable vendors to respond, the City may postpone the opening date accordingly. In such case, the addendum will include an announcement of the new proposal submittal due date. Attach all addenda to the proposal. Failure to attach any addendum may render the proposal non-responsive and cause for rejection. The City reserves the right to award a contract to a company solely based on the initial proposal submitted. The City reserves the right to require more information and clarification on information submitted in the proposal to complete the evaluation. The City Council reserves the right to reject any and all proposals received, to take all proposals under advisement for a period not to exceed ninety (90) days after the date of the opening, to waive any informality on any proposal, and to be the sole judge of the relative merits of the material and or service mentioned in the respective proposals received. The City reserves the right to reject any proposal not accompanied with all data or information required. This Request for Proposals does not commit the City to award a contract or to pay any cost incurred in the preparation of a proposal. All responses to this RFP document become the property of the City of Torrance. The City reserves the right to examine all factors bearing on a Proposer’s ability to perform the services under the contract. The City reserves the right to reject any proposal not accompanied with all data or information required. The City reserves the right to cancel this solicitation, without penalty, at its sole discretion. Affidavit:

An affidavit form is enclosed. It must be completed signifying that the proposal is genuine and not collusive or made in the interest or on behalf of any person not named in the proposal, that the proposer has not directly or indirectly induced or solicited any other proposer to put in a sham proposal or any other person, firm, or corporation to refrain from proposing, and that the proposer has not in any manner sought by collusion to secure for itself an advantage over any other proposer. Any proposal submitted without an affidavit or in violation of this requirement will be rejected. (Attachment 1) Evaluation of Proposals: The City will be the sole determiner of suitability to the City’s needs. Proposals will be rated according to their completeness and understanding of the City’s needs, conformance to the requirements of the technical specifications, compatibility with the City’s current technology and operations, prior experience with similar scope of work, financial capabilities, delivery, and cost. Cost including any ongoing maintenance and support cost will be reviewed to determine which proposal best meets the needs of the City. The City will take into consideration a local Torrance vendor sales tax rebate of 1% for proposals submitted by a Torrance vendor that include a material component. The City’s project evaluation team will evaluate proposals based on the evaluation criteria listed below. Points will be assigned to each criterion up to a maximum of 100 points. Proposals will be ranked and that ranking will be made public. Subsequently, the City may interview a qualified Firm, prior to deciding whether to recommend the award of an Agreement.

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CRITERIA MAXIMUM

POINTS

Understanding of the project and scope of work; and completeness of RFP

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Qualifications of proposed project team 20

Relevant projects of proposed project team members 15

Firm’s qualifications and experience with similar projects 10

Project Schedule 10

Cost and Cost Effectiveness 20

Maximum Total Score 100

PART I – EVALUATION OF PROPOSALS: After receipt of proposals for this project, the City’s project evaluation committee will evaluate proposals based on the criteria listed above (with exception of cost), and develop a short list of qualified Firms. The Firms on this short list will be invited to interview with the City. PART II – INTERVIEW: At the time of the interview, invited Firms must submit a detailed fee proposal that includes a cost for each task of the project using the tasks outlined in the Scope of Work section of the RFP. Firms may list any additional services and associated costs that are not covered in the City’s scope of work. These items should be listed separately from those specifically requested so they may be considered. PART III – POST INTERVIEW EVALUATION: After the completion of the interviews and the scoring of the interview and cost components, the City’s project evaluation committee will invite the highest-ranking Firm to negotiate a final contract because of this RFP. If negations fail, the next highest-ranking firm will be invited to negotiate a final contract.

Grant Funding Requirement: The Final Design of Torrance Airport Stormwater Basin Project, I-174 is funded by Los Angeles Region Safe, Clean Water (SCW) Program Grant. Tasks required for grant compliance have been incorporated into the Scope of Work and are described in the Transfer Agreement RPSSMB02, Attachment 3. In summary, the Consultant shall provide for submittals to the SCW Program with quarterly progress reports and a Work Program that includes California Environmental Quality Act (CEQA) documentation, construction plans and specifications, a schedule of completion, detailed project budget, a monitoring plan and also any required grant informational signs. The Contract: The awarded vendor will be required to enter into a written contract with the City of Torrance. Attached is a copy of the standardized contract (Attachment 2), which will be modified to reflect the awarded RFP. A copy of this RFP and the accepted proposal will be attached to and become a part of the contract. Independent Contractor: The successful proposer will at all times remain to the City, a wholly independent contractor. Neither the City nor any of its agents will have control over the conduct of the Contractor or any of the Contractor’s employees, except as otherwise set forth in the awarded Agreement. The Contractor’s agents and employees are not and will not be considered employees of the City for any purpose. The Contractor may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of

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the City. The City has no duty, obligation, or responsibility to the Contractor’s agents or employees under the Affordable Care Act. The Contractor is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act and any other liabilities, claims and obligations regarding compliance with the Affordable Care Act with respect to the Contractor’s agents and employees. The City is not responsible or liable for the Contractor’s failure to comply with the Contractor’s duties, obligations, and responsibilities under the Affordable Care Act. The Contractor agrees to defend, indemnify and hold the City harmless for all taxes and penalties that may be assessed against the City because of the Contractor’s obligations under the Affordable Care Act relating to the Contractor’s agents and employees. Payments: Complete payment on the contract price will be made in approximately thirty (30) days from date of delivery, or completion and acceptance, unless otherwise provided for in Proposer’s proposal or in these specifications. Payments will be made upon verification and acceptance by the City of contract services performed and upon the City’s receipt of a correct invoice. The Consultant must submit their original hardcopy invoice to John Dettle at 20500 Madrona Avenue, Torrance, CA 90503. The invoice must reference the Torrance Airport Storm Water Basin Project, I-174. In addition, the Consultant must also email their invoice to Wilson Mendoza at WMendoza@TorranceCA.Gov and must copy JDettle@TorranceCA.Gov, SZorich@TorranceCA.Gov, and MBroesamle@TorranceCA.Gov. Suspension of Procurement: The City may suspend, in writing all or a portion of the procurement of materials or services pursuant to this RFP and subsequent contract agreement, in the event unforeseen circumstances make such procurement impossible or infeasible, or in the event, City should determine it to be in the best interest of City to cancel such procurement of services or materials. In the event of termination, selected Proposer will perform such additional work as is necessary for the orderly filing of documents, and closing of project. The selected Proposer will be compensated for the terminated procurement based on materials or services actually furnished or performed prior to the effective date of termination, plus the work reasonably required for filing and closing. Notice: Whenever it will be necessary for either party to serve notice on the other respecting the Agreement, such notice will be served by personal delivery or by certified mail to the following addresses, unless and until different addresses may be furnished in writing by either party or the other, and such notice will be deemed to have been served within seventy-two (72) hours after the same has been deposited in a United States Post Office by certified mail or has been delivered personally, and will be valid and sufficient service of notice for all purposes: CITY: City Clerk City of Torrance 3031 Torrance Boulevard Torrance, CA 90503 VENDOR: Will be determined upon award of contract.

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Notice of Intent to Award: Approximately two (2) weeks prior to the anticipated City Council meeting awarding a contract because of the RFP, the City will notify all proposer’s of its intent to award. Results will be posted on the City of Torrance Web site https://www.torranceca.gov/government/city-clerk/request-for-proposals City of Torrance Bid/RFP Protest Procedures: The City of Torrance Bid/RFP Protest Procedures are found on the City of Torrance Web site: https://www.torranceca.gov/government/finance/purchasing-division/current-bids/bid-rfp-protest-procedures Insurance: The insurance requirements and indemnification language on the attached contract, Attachment 2. The Vendor shall review the contract indemnification language and provide any requested revisions in writing with the Proposal.

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RFP No. B2021-38 RFP for Engineering Design Services for

Torrance Airport Stormwater Basin Project, I-174

SECTION II TECHNICAL REQUIREMENTS

Overview/ Project Description: The City of Torrance is requesting proposals from qualified firms for Preliminary and Final design of the Torrance Airport Stormwater Basin Project, I-174 (Project), including CEQA documentation and permitting. The Project will construct a diversion structure on the existing double 8’-9”W x 10’-1”H reinforced concrete box storm drain [LACFCD 1970 Bond Issue Project No. 9827 Unit 1, Line B (Dwg. No. SD-1034)] that conveys stormwater under the Torrance Airport. Stormwater from a 3,242-acre drainage area will be diverted to a pre-treatment system to capture trash and then stored in an underground detention facility (8 acre feet capacity). Stored stormwater will eventually pumped at a controlled rate to a 15” sanitary sewer main in Crenshaw Boulevard for conveyance to the Sanitation Districts Joint Water Pollution Control Plant (JWPCP) for treatment and re-use. Alternately, the facility will be capable of pumping stored stormwater back to the storm drain as part of Regional Storm Water Recovery Project. Storage units and conveyance pipes shall be made leak-proof due to groundwater contamination concerns. Note that this project only includes design of a pump station and diversion and detention facilities to pump water to the sewer. Design of the pump station to pump back to the storm drain will be undertaken by the Harbor City Park Multi-Benefit Stormwater Capture Project Team. This project shall make provisions for a future pump station to pump back to the storm drain. The project shall also design a capture system for airport stormwater run-off using one or two of the existing underground Nike Missile Silos for re-use for irrigation purposes at the airport. The estimated construction cost of the Project is from $8.5M to $9M. Site Layout: The project site is on airport property on the west side of Crenshaw Boulevard and at one of the abandoned Missile Silos (See Attachment 4: Project Site Layout). Use and access to this area is limited since the majority of the project site falls within the runway protective zone. Single family residential uses are to the east of Crenshaw Boulevard in the City of Lomita. The project site was designated as Public Airport (AIR) per Torrance General Plan Land Use Policy. The project will be designed and built away from airport operations and future development opportunities. With the exception of access hatches and electrical panels, the facilities shall be constructed entirely underground and the surface will be restored to current conditions following construction. Existing Storm Drain Conditions There are four main storm drains that cross the Torrance Airport and receive runoff from the tributary subbasins. These are Torrance record drawing nos. SD-1032, SD-1034, SD-351 and SD-1009. SD-1032 is an 84-inch diameter reinforced concrete pipe that receives runoff from Torrance and the Palos Verdes Peninsula. The largest conveyance structure at the project site is SD-1034, which is a double 8 ft. 9 in. W x 10 ft. 1 in. H reinforced concrete box. SD 1034 receives runoff from both Torrance and Palos Verdes Peninsula. At Cricklewood Street, SD 1034 receives flow from SD 351, which is a 66-inch diameter RCP. SD 351 also conveys runoff from both Torrance and the Palos Verdes Peninsula. The Updated Machado Lake Enhanced Watershed Management Plan (EWMP) can be accessed at https://www.torranceca.gov/home/showpublisheddocument/67085/637617042924900000

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Updated Palos Verdes Peninsula Enhanced Watershed Management Plan (EWMP) can be accessed at https://www.torranceca.gov/home/showpublisheddocument/67276 LACFCD Permit No. FCDP2019000624 for this Project has been initiated under Epic LA and Conceptual Approval was released on 2/13/2020. This RFP is intended to be as descriptive as possible. However, Proposers may not take advantage of omissions or oversights in this document. Proposers must supply products and services that meet or exceed the requirements of this RFP. In the event of a dispute over installation or performance, the needs of the City of Torrance will govern. Scope of Work: The Consultant is required to provide a Pre-Design Report and Final Design Plans, Specifications, Cost Estimates, CEQA Notice of Determination, Outreach Activities, and plan approvals for permits for the Project. Relevant information is found in the Safe, Clean Water Feasibility Study Report at https://www.torranceca.gov/our-city/public-works/civil-and-traffic-engineering/capital-improvement-projects/torrance-airport-storm-water-project-i-174 Key required design elements include:

• Flow Study by Sanitation Districts of Los Angeles County • Diversion structure; • Hydrodynamic separator unit; • Flow measuring devices/telemetry and sampling station; • Storage facilities (8 AF); • Pump Station to pump retained stormwater to the sewer; • Connecting piping to sanitary sewer system at SMH # 03 of Sheet No. 112 of the City of Torrance

Sewer Map and to provide for future connection back to LACFCD storm drain. • Supervisory Control and Data Acquisition (SCADA) with connections to existing City SCADA system

and JWPCP facilities; and • Surface restoration at the locations of all underground facilities. • Removal of debris and hazardous waste from one (1) Nike missile silo. • Capture and treatment system for Airport stormwater run-off utilizing existing Nike missile silo as

storage for airport irrigation use. The Consultant should have a thorough knowledge and understanding of various documents and design manuals. These may include, but are not limited to:

• The existing Los Angeles Regional MS4 Permit and relevant proposed changes in Draft Permit. • County of Los Angeles Hydrology Manual 2006; • Standard Specifications for Public Works Construction, “Green Book.”

TASK 1: PROJECT MANAGEMENT, MEETINGS AND COORDINATION

The consultant shall submit a detailed schedule, including start and completion dates for all phases and tasks of the scope of work for the Project. The work schedule must clearly identify the phases and tasks that will be performed in each Fiscal Year.

As part of the Project Management Task (18 months), consultant shall provide monthly schedule updates, invoices and progress reports.

Initiate and lead kickoff meeting and progress meetings, including provide meeting minutes, review meetings which may include various participating parties from Peninsula Cities, LACFCD, Sanitation Districts, City Departments, Divisions, and/or other agencies.

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Prepare monthly project management updates (in-person or online with Zoom or similar platforms).

Consultant shall prepare agendas, sign-in sheets and meeting minutes;

Prepare a Project Management Plan, including a QA/QC Plan with discipline checks and inter-discipline checks;

Reporting for Safe, Clean Water Program: Quarterly Progress and Annual Report describing activities that have occurred, milestones achieved and progress made to date, during the applicable reporting period. Identification of any phases or tasks of the scope of work that were scheduled to be started or completed during the reporting period, but which were delayed and a discussion of the reasons for the delay, and of lessons learned. Scheduling concerns and issues encountered that may delay completion of the task. Work anticipated next reporting period. Photo documentation (e.g. photos of community outreach events, stakeholder meetings, groundbreaking ceremonies, and project site) of the phases or tasks of the Project completed during the reporting period, as appropriate.

Deliverables: Schedules, progress reports, agendas, meeting minutes, Quarterly Progress and Annual Report for SCW Program and Project Management Plan.

TASK 2: ENVIRONMENTAL COMPLIANCE AND PERMITTING 2.1 Environmental Compliance The City of Torrance is the "lead agency" regarding compliance with the California Environmental Quality Act (CEQA) in connection with the Project. The consultant, in behalf of the City, shall be responsible for the preparation of all documentation, special studies, analysis and other work into contract documents necessary to comply with CEQA in connection with the proposed Project. Upon completion of the documentation, analysis and other work necessary to comply with CEQA as described above, the consultant shall promptly provide such documentation, analysis and work to the Los Angeles County Flood Control District (District). The City acknowledges that the District is a Responsible Agency under CEQA in connection with this Project. If any documentation or other analysis pursuant to CEQA discloses that the proposed project, or portion thereof, will have one or more significant environmental impacts that cannot be feasibly mitigated, the consultant shall promptly notify the City and consult with the District. The Consultant will conduct an initial study to preliminarily assess project impacts. Appendix G of the CEQA Guidelines (https://resources.ca.gov/CNRALegacyFiles/ceqa/docs/ab52/final-approved-appendix-G.pdf) lists types of environmental impacts to consider in checklist form. This initial study guides the consultant to prepare either a negative declaration or mitigated negative declaration depending on the impact assessment. The City anticipates a Negative Declaration or Mitigated Negative Declaration (MND) will be determined and an environmental impact report will not be needed as part of this project. Complete the following documentation required under the CEQA for the proposed implementation project:

Initiate preliminary CEQA Initial Study (IS) to identify any significant environmental impacts of the project and to avoid or mitigate any impacts.

Provide the Initial Study for City’s Community Development Department's (CDD) review and coordinate with the District. Certain technical studies may be needed to provide analysis in areas such as:

Noise/Vibration for potential construction and operational impacts to existing structures; Air Quality/Green House Gas (GHG) for construction and operational emissions; California Historical Information System (CHRIS) Report as AB52 tribal notifications will need

to take place;

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Sewer Study due to the intended sewer connection for water discharges into the public sewer system; and

Traffic Impact Analysis for the construction phase if existing Public Right of Ways will be closed and/or lane closures will be implemented.

Coordinate and respond to consultations with the responsible agency.

The Draft Initial Study will be reviewed by CDD for completeness and will circulate for a 30 day public review period before being presented to the Planning Commission if the determination is for a Negative Declaration or Mitigated Negative Declaration (MND).

A Development Application form and Environmental Assessment form will be submitted with the Draft Initial Study and preliminary design plans.

Deliverables: Draft and Final IS/MND

The project shall comply with all mitigation measures applicable to the project that are in the Los Angeles County Flood Control District Enhanced Watershed Management Programs Programmatic Environmental Impact Report (PEIR), which was certified by the Los Angeles County Flood Control District (LAFCD) pursuant to the California Environmental Quality Act on May 26, 2015 and may be found at https://dpw.lacounty.gov/LACFCD/ewmppeir/

2.2 Permits - Obtain all public agency approvals, entitlements, or permits required for project implementation before work begins.

2.2.1 LACFCD Storm Drain Connection Permit is required to install diversion structures and

connect to an existing LACFCD facility. At 90% design development, the drawings can be submitted along with permit applications to LACFCD. Conceptual approval has been received on February 23, 2020. LACFCD permit requires the execution of Use & Maintenance Agreement (UMA), Operation & Maintenance (O&M) Manual and review & approval of other documents such as sketches, exhibits, calculations for diversion structure temporary bypass, etc.

2.2.2 Federal Aviation Administration (FAA) Notice of Final Determination Letter is required for

any soil borings at airport locations on runway protective zone (RPZ) and final construction. Special consideration will be taken to minimize runway closures and avoid night work.

2.2.3 Sanitation Districts’ Sewer Permit is required due to intended sewer connection for

stormwater discharges into the public sewer system to determine compliance with the Sanitation Districts’ rainwater diversion as well as, local limits and federal categorical standards.

2.2.4 No-Fee Excavation Permit will be issued by the City for work located at public right-of-ways.

Deliverables: Necessary permits, including but not limited to, sketches and calculations for temporary bypass (diversion structure), and other permits required prior to construction from regulating agencies, utility companies, and/or businesses.

TASK 3: PLANNING, DESIGN, ENGINEERING

Pre-Design

3.1 Data Gathering and Review - Conduct site investigations (including visual project site inspection, Nike Missile underground silos and existing airport storm drain impacted by the Project).

3.2 Flow Study - A Flow Study is required from the Sanitation Districts and must be obtained by the consultant. The Flow Study involves capacity analysis and design reviews by Sanitation Districts necessary to incorporate a sanitary sewer diversion into the Project. The consultant shall conduct consultation meetings with Sanitation Districts to determine the maximum stormwater runoff that can be

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released to the 15-inch sewer line along Crenshaw Boulevard. It is assumed that stormwater runoff from the storage units will be released at night between 11 PM and 4 AM, and that flow depth in the sewer main lines at any time during runoff release should not exceed 75% of the diameter of the sewer line.

The Sanitation Districts will perform a sewer capacity analysis for the Project. The scope includes evaluation of the following:

(1) Identification of the limiting sewer segment(s) between the Project and the JWPCP, (2) Comparison of the project’s requested peak flow (consultant to provide this information) as

compared to the capacity available in the sewer at peak flow minus the capacity previously allocated to other stormwater projects tributary to the same sewer segment,

(3) Flow travel time between the project and the capacity-limited segments, and (4) Identification of additional capacity available off-peak and the allowable discharge windows.

The Sanitation Districts require that stored stormwater projects use the minimum effective sewer discharge flow rate to ensure that sewer capacity is used safely and effectively. The scope of the capacity analysis includes a review of the flow information and planned storage at the Project to meet this requirement in which consultant shall provide the needed data.

The effort required to perform the analysis depends on the complexity of the downstream sewer system. Typical evaluations take 8 weeks from receipt of the deposit and necessary flow data. The current conservative estimate for all capacity evaluations involving stored stormwater is $50,000/per flow path. Funds not used during the capacity evaluation will roll over to the design phase. Excess funds are returned when the project is constructed or if the project is cancelled. Consultant shall include this $50,000 deposit in their cost proposal.

3.3 Utility Mapping – Prepare an existing subsurface utility map for the project area showing the location and identification of buried pipes, lines and cables below the ground. The utility investigation process will involve equipment and technology including ground penetrating radar (GPR) and electromagnetic equipment to locate and map the existing underground infrastructure such as sewer, storm drains, gas, water, fire water, communication, electrical, low-voltage, abandoned and unknown. Coordinate with utility companies and other governmental jurisdictions in researching location of existing utilities. Any utility relocation shall be done by others and is not part of this contract. Utility Search Information is available on Appendix D of Machado Lake Enhanced Watershed Management Plan (EWMP) at City of Torrance project website at https://www.torranceca.gov/our-city/public-works/civil-and-traffic-engineering/capital-improvement-projects/torrance-airport-storm-water-project-i-174

Deliverables: The final work shall be completed such that all utilities are graphically depicted in both a digital and hard copy such as topographic base map in AutoCAD format.

3.4 Topographic Survey - Topographic survey shall be conducted to develop a detailed base map that will support design development phases and perform detailed investigations of the site in order to allow the design team to understand above ground and potentially subsurface constraints that may limit the project foot print. These items may include, but are not limited to, above ground infrastructure, storm drain invert elevations, street centerlines, easements, sidewalks and existing utilities. The topographic survey will be comprised of two major portions; ground survey and aerial photogrammetry. The following products and services shall be provided:

Research existing record data consisting of record of surveys, parcel maps, tract maps and other recorded documents.

Request and review existing Geographic Information System (GIS), ground survey, aerial photogrammetry and other electronic information available from the County and from the City.

Establish horizontal project control for the project moving forward based on the California State Plane Coordinate System, Zone 5 (NAD 83), and vertical control based on the Los Angeles County benchmark system. Additionally, a basis of bearing and local site control will be established for future use. Field survey of the site will include invert elevation, pipe diameter and direction of flow for underground utilities, and other land features.

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Deliverables: Field Notes and Site Photos. A topographic map will be provided based on the aerial and ground survey for the project site location. The map will be developed in AutoCAD. The survey will be used as a base map for the development of the 10% Design Documents and the detailed design phase.

3.5 Geotechnical Investigation - The Geotechnical Investigation consists of the initial geotechnical assessments for construction of a diversion structure and piping, construction of a pre-treatment facility, excavation and construction of an underground storage, disposal of excavated soil, and reconstruction of disturbed portions of the project site. FAA permit is required to perform soil borings on RPZ for structural design. Consultant will coordinate all aspects of field exploration with the City’s staff, and coordinate with Dig-Alert to locate utilities at the site. A licensed Certified Engineering Geologist or Geotechnical Engineer shall log all the soil borings. A geotechnical investigation at the site consisting of drilling 3 soil borings using hollow stem auger method at the approximate locations within the storage units. Two of the borings will be drilled to a depth of 50 feet and one boring will be drilled to a depth of 30 feet. The borings will be used to define stratigraphy at the site to obtain soil parameters for the design of the storage underground BMP facilities at the site, the diversion structures, the pretreatment facilities, and to provide soil parameters for the design of the shoring system, if required. During the field exploration the groundwater depth will be measured. This work will be performed during one mobilization. All boreholes will be backfilled according to the currently adopted County of Los Angeles Public Health Department guidelines (2016). These guidelines require that all boreholes be backfilled with tremied cement-bentonite grout. Consultant shall arrange for the soil spoils from the boreholes, and soil cuttings to be drummed and disposed of at an offsite facility. Soil boring and other field activities shall comply with City of Torrance Noise Regulation at https://www.codepublishing.com/CA/Torrance/html/Torrance04/Torrance0406.html. A decibel meter shall be used for this monitoring to ensure compliance with the noise regulation to the extent practicable. All additional costs for conducting any field activities during the night in compliance with the requirements set forth on the FAA Final Determination Letter shall be considered included in the proposal. Consultant shall perform soil laboratory testing on selected soil samples. Consultant shall compile the field exploratory borings and provide a summary report in a Draft Geotechnical Investigation Report. Following receipt of comments on the Geotechnical Investigation Report, a Final Geotechnical Investigation Report will be submitted.

3.6 Pre-Design Report (PDR) for review and approval by the City. Preparation of PDR including an Executive Summary and Recommendation shall be submitted to the City as follows:

Draft PDR (PDF format digital copy);

Final Draft PDR (3 copies and PDF format digital copy); and

Final PDR (3 copies and PDF format digital copy).

The PDR shall include the following:

Definition of up to 3 project alternatives with recommendation on the possible use of Nike missile underground silo as additional Airport storm water storage to capture runoff from airport property.

Definition of evaluation methodology and criteria

Incorporation of mitigation measures for CEQA

Development of Alternatives, including:

Description of proposed improvements, including stormwater and sewer flow schematics

Description of proposed control logic for the project

Site investigation results

Site plans showing improvements

Identification of construction constraints

Identification of required permits and its governing or regulating agency

Identification of utility conflicts

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Identification of operations and maintenance requirements

Construction Cost Estimates (Class C Estimate)

Project Implementation Schedule

Evaluation of Alternatives and definition of preferred option based on life-cycle cost and benefits analysis

Development of Preferred Alternative with

Updates to items listed above, as needed

Preliminary list of drawings

Typical Sections

Preliminary flow sheet(s)

List of major equipment, such as hydrodynamic separators, pumps, SCADA, etc.

Design requirements

Calculations

Description of construction sequence with minimal disruption to existing use

Recommendation on converting one or two Nike missile underground silos into storage basin with treatment system for airport irrigation or for the Project.

Consultant will develop 50% and 90% plans, allowing periods for the City to review and provide comments. Plans will be provided as separate plan sets, on the City’s standard title blocks and format.

3.7 Stakeholder and Community Outreach/Engagement Plan

Stakeholder and Community Outreach/Engagement Plan shall be submitted which includes a

discussion of how local Non-Government Organization (NGO) or Community-Based Organizations

(CBO) will be involved, if applicable, and if not, why. The plan shall, at a minimum include:

3.7.1. Community outreach activities to provide information to residents and information about

upcoming meetings or other engagement activity event is scheduled. Outreach methods used

should be appropriate in scale and type to the community being served. Outreach methods

include but are not limited to: Online Media Outreach (email blasts, social media, publication

on a website) Local Media Outreach (newsletters, local and regional newspapers, and local

radio and television) and/or Grassroots Outreach (door-to-door canvassing, phone banking,

surveys and focus groups, and distribution of flyers or other printed materials). The City and

District will support outreach efforts through web-based platforms if requested at least four

weeks prior to the requested publish date. The District should be included in all social media

outreach and notified of all meetings and other engagement events.

3.7.2. Community engagement activities solicit, address and seek input from community members

for Funded Activities. These events may occur as part of any public meeting with multiple

agenda items such as council, commission or committee meetings where public input is

invited; or at festivals, fairs, or open houses where a table or booth may be set up. Community

Outreach / Engagement Plan activities shall occur at the onset of the project, during the design

phase. Conduct a minimum of one (1) outreach meeting to inform the public of the purpose,

and timelines of the project.

3.7.3. Stakeholder Meetings shall occur during the pre-design phase. Conduct a minimum of one (1)

Stakeholders meeting to inform the purpose, and timelines of the project. Stakeholders are

Airport staff, LACFCD, Sanitation Districts, Regional Board, Airport Commission, City of

Lomita and establishments within 500 feet radius.

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3.8 Final Design

The Project shall divert and capture at least 55 acre–feet per year (AFY) of storm water collected

from 3,242 acres of urban storm watershed. The Project shall be designed to manage a 0.85-inch

rainfall event (85th percentile, 24-hour storm event) from the contributing watershed area of the 3,242

acres, with the following components:

A diversion structure, including conveyance, manholes and components to divert storm water and

dry weather runoff by gravity flow to an underground storage system.

A temporary by-pass plan with calculations for the diversion structure shall be prepared as part

of the LACFCD permitting requirements.

One (1) hydrodynamic separator as determined on the Pre-Design Report.

Eight (8) acre-feet of leak-proof concrete underground storage system including storm drain pipes

for conveyance. Consideration must be given to avoid disruption to airport operations

One (1) pump station including pumps and necessary control system to pump to sewer.

Two (2) flow meters.

Telemetry and water quality sampling unit, as may be required by Sanitation Districts.

Capture, storage and system treatment to use airport storm water runoff for irrigation.

Once preliminary design is approved and the City will authorize the remaining tasks of the project, the preliminary design plans and specifications will be advanced to 50%, 90% & 100% design development. Plans will be provided as separate plan sets, on the City’s corresponding title blocks and format allowing periods for the City to provide final review comments. Specifications and Bid Schedules shall be provided per the City of Torrance standards. The proposed plan sets are anticipated to include, but not limited to, title sheet, general notes, cross sections, details, demolition plans, plans and profile, erosion control plans, and boring logs. Provide construction layout and fencing plan. Provide BMP plan including Site Restoration. Provide airport irrigation plan. If the total area of soil disturbance is more than one acre, a Storm Water Pollution Prevention Plan (SWPPP) will be developed as part of the Construction General Permit Order 2009-0009-DWQ. The Consultant will also prepare an Operations & Maintenance guidelines document, which will accompany the design submittals noted above. Deliverables:

3.8.1 Bid Documents, Plans, Specifications and Estimates - Bid document package per City-provided boilerplate. Complete and final design plans in mylar and CAD files, City Engineer’s/Class A cost estimates including annual operations and maintenance costs.

3.8.2 Final Report

3.8.2.1 Final Project Report - submit an overview of the final design that is intended to

achieve the desired water quality benefits upon the construction completion.

3.8.2.2 Summary of Changes – explanation of changes (if any) in the design that affected

the planned project water quality benefits.

3.8.2.3 Final Certification Letter – Provide certification by a California Registered

Professional (i.e., Professional Civil Engineer) that the design has been completed.

Task 4: GENERAL COMPLIANCE REQUIREMENTS / PROJECT EFFECTIVENESS AND PERFORMANCE

4.1 Quality Assurance Project Plan (QAPP) Prepare a QAPP in accordance with the United States Environmental Protection Agency’s (USEPA’s) QAPP guidance document (EPA QA/G-5) or the State Water Board’s Surface Water Ambient Monitoring Program’s (SWAMP) QAPP and data reporting requirements, as appropriate for

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the proposed monitoring activities. Water quality monitoring data includes physical, chemical, and biological monitoring of any surface water. The QAPP shall be submitted to the Program Manager for approval. A template for the USEPA QAPP is available from the Program Manager. Guidance for preparing a SWAMP QAPP is available at: https://www.waterboards.ca.gov/water_issues/programs/swamp/quality_assurance.html#qapp_tools

4.2 Project Assessment and Evaluation Plan (PAEP) and Monitoring Plan. The City has an existing

storm water quality monitoring contract for the Machado Lake watershed. That contract will be amended to provide monitoring of the Torrance Airport Stormwater Basin project System. The City’s consultant will prepare a Project Monitoring Plan for review and approval prior to conducting post-construction sampling. The City has a monitoring contract for the Machado Lake TMDLs. There is a monitoring station at the City/County border where water quality samples and flow rate data are obtained. The City will add another flow meter to the inflow storm water pipe to monitor how much water is going to the underground treatment system. The proposed monitoring station will be able to track the storm water flows diverted away from Machado Lake because of the project. The new flow meter will track flows diverted to the project storage system. Water quality samples will still be obtained even if the system will discharge back to sewer system. Prepare and submit for review and approval, a Monitoring and Reporting Plan (MRP) using a template or outline provided by Safe Clean Water Program. The MRP becomes final upon Program Manager approval. The MRP may be submitted as separate documents or in one report and shall include the following:

4.2.1 A Project Assessment and Evaluation Plan (PAEP) which describes the manner in which the Project performance will be assessed, evaluated, and reported to the Program Manager for approval. The PAEP shall detail the methods of measuring and reporting Project benefits. Implementation of any monitoring and performance assessment and/or evaluation actions shall not occur prior to PAEP approval by the Program Manager.

4.2.2 A Monitoring Plan (MP) in a format provided by the Program Manager. Changes to the MP shall be submitted to the Program Manager for a decision regarding approval prior to implementation.

4.3 Monitor Project effectiveness in accordance with the approved MRP. Document implementation of the Project effectiveness confirmation and/or monitoring in accordance with the approved MRP that confirms the effectiveness of the implemented storm water project, and include the results in the associated quarterly progress report. A summary of all project effectiveness monitoring and data analysis shall be included in the Final Project Report.

A monitoring plan will be developed by the Consultant, to assess project performance with respect to the effectiveness of the proposed design in meeting the water supply and water quality objectives. The plan will include monitoring objectives, sampling procedures and analytical methods, data quality objectives, data management and reporting, and a health and safety plan. Assuming active pumping is not included in the design, optimization is anticipated to focus on the effectiveness and frequency of activities such as sediment removal from the rain garden sumps and observations of flow routing towards the inlets. The Consultant will follow the monitoring plan developed and facilitate up to three dry weather and three wet weather monitoring events (assuming sufficient rainfall occurs after installation is initiated) to collect grab water quality samples and flow measurements from up to fifteen (15) separate locations. The Consultant will summarize the water quality data results in a monitoring data report for each event. After monitoring activities are completed, the Consultant will prepare a performance report summarizing the effectiveness of the proposed BMPs in meeting the water supply and quality goals.

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TASK 5: OPERATIONS AND MAINTENANCE PLAN 5.1 Operations and Maintenance (O&M) Plan - Prepare and submit for approval an Operations and

Maintenance Plan that addresses operation and maintenance of the Project for its useful life.

The City of Torrance Public Works Operations Division will maintain all the underground elements, such as the diversion system, pre-treatment system, storage galleries, and sewer/stormwater lift/pump station. This includes inspection and cleaning of diversion and pre-treatments bi-monthly, maintenance of cleaning of pump systems annually, and inspection and cleaning of the storage bi-annually. Additional maintenance will be necessary after the 20-year lifecycle. Operations and Maintenance Manual can start to be developed at 50% design development. Typical maintenance for hydrodynamic separator includes removal of trash and sediment using the vacuum truck and pumps should be serviced a minimum of once or twice per year. These trash exclusion devices can be clogged/plugged if they are overloaded with sediment or debris, greatly reducing their efficiency. Inspection and cleanout is recommended after major storm events, or storms with a rainfall intensity of greater than one inch in 12 hours.

5.2 Clean-out and legal disposal of trash, farming and hazardous materials inside one (1) Nike missile silo.

Photos are available on the City’s website at https://www.torranceca.gov/our-city/public-works/civil-and-traffic-engineering/capital-improvement-projects/torrance-airport-storm-water-project-i-174

Project Schedule

The following is an estimated overall project schedule:

Phase Duration

Agreement Award TBD

Project Kickoff TBD

Pre-Design 4 months

Sanitation Districts Flow Study 3 months

Design 10-12 months

Permits 12 months

CEQA 6 months

Project Completion TBD

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RFP No. B2021-38 RFP for Engineering Design Services for

Torrance Airport Stormwater Basin Project, I-174

SECTION III PROPOSAL SUBMITTAL

FAILURE TO COMPLETE ALL ITEMS IN THIS SECTION MAY INVALIDATE PROPOSAL. In accordance with your "Request for Proposals (RFP)", the following proposal is submitted to the City of Torrance. RFP Submitted By: _______________________________________________________________________________________

Name of Company _______________________________________________________________________________________

Street Address City Zip Code ________________________________________ ___________________________________________

Telephone Number Fax Number ________________________________________ ___________________________________________

Printed Name/Title E-Mail Address ________________________________________ ___________________________________________

Signature Date Form of Business Organization: Please indicate the following (check one).

Corporation Partnership Sole Proprietorship Other: ___________________________ Do you have a Parent Company? No Yes, _______________________________________ (Name of Parent Company) Do you have any Subsidiaries? No Yes, _______________________________________ (Name of Subsidiary Company) Business History: Years in business under your current name and form of business organization? ________ Years If less than three (3) years and your company was in business under a different name, what was that name? ________________________________________________________________________________

________________________________________________________________________________ Contact for Additional Information: Please provide the name of the individual at your company to contact for any additional information: ________________________________________ __________________________________

Printed Name Title ________________________________________ __________________________________

Telephone E-Mail Address

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Proposal Submittal (continued): Vendor Name: ____________________________________________________________ Addenda Received: (It is mandatory to complete this section) Please indicate addenda information you have received regarding this RFP. If addenda is not attached to your bid submittal (per instructions), you are still held accountable to its contents.

Addendum No. Date Received Addendum No. Date Received

No Addenda received regarding this RFP.

Payment Terms: The City of Torrance Payment terms are Net 30. The City does not make pre-payments, or pay upon receipt. Do you offer any discounted invoice terms? _____________________________ Project Start and Completion:

The City requires the project to start as soon as possible from the award of a contract and the project completed as soon as possible. Specific periods that are mutually agreed upon will be established after award of a contract. Preliminary Design and other data to be provided to the City as required to submit for the Torrance Airport Stormwater Basin Project, I-174 for Clean, Safe Water Program funding requirements. Project Manager: Please provide the name of the individual at your company who will serve as Project Manager for this contract. ____________________________________________ _____________________________________ Name Title _______________________ __________________ _____________________________________ Telephone Number Fax Number Email Address

21

Proposal Submittal (continued): Vendor Name: ____________________________________________________________ Contract Representative: Please provide the name of the individual at your company who will be responsible for administering this contract. ____________________________________________ _____________________________________ Name Title _______________________ __________________ _____________________________________ Telephone Number Fax Number Email Address Sub Contractors: If awarded, will you be using sub contractors to carry out the scope of work required in this RFP?

Yes, we will be using sub contractors and have listed their contact information below.

No, we will not be using any sub contractors for this project. _______________________ __________________ _____________________________________ Company Name Contact Name Title _______________________ __________________ _____________________________________ Telephone Number Fax Number Email Address Please explain the working relationship between your company and the sub contractor. ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________

22

Proposal Submittal (continued): Vendor Name: ____________________________________________________________ Background and Recent Experience with Similar Projects: In the space below, please provide a narrative explaining your background and recent experience with similar projects as the scope of work identified in this RFP. (Please attach additional sheet if needed.)

23

Proposal Submittal (continued): Vendor Name: ____________________________________________________________ References: Please supply the names of companies/agencies for which you recently supplied comparable goods/services as requested in this RFP. A minimum of three (3) references is required; additional references are optional. References from public agencies are preferred. Do not include the City of Torrance as a reference for this RFP.

1

Name of Company/Agency: Street Address: City: State, Zip Code:

What Product/Service did you provide to this Company/Agency?

Name of Person to Contact: Phone Number of Contact: Email Address of Contact:

2

Name of Company/Agency: Street Address: City, State Zip Code: What Product/Service did you provide to this Company/Agency?

Name of Person to Contact: Phone Number of Contact: Email Address of Contact:

3

Name of Company/Agency: Street Address: City, State Zip Code: What Product/Service did you provide to this Company/Agency?

Name of Person to Contact: Phone Number of Contact: Email Address of Contact:

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Proposal Submittal (continued): Vendor Name: ____________________________________________________________

RFP Submittal Requirement and Acknowledgement

Vendors are required to answer each of the questions listed below. You must indicate below that you have provided this information in your proposal submittal. You must attach additional sheets to your RFP submittal describing in detail the service you are proposing.

RFP Scope of Work Questions

Indicate what page in your

proposal you have answered this question.

Did you include 4 copies and 1 e-file of your RFP Submittal?

Yes No

Did you include a signed Affidavit Form with your RFP Submittal?

Yes No

Did you attach additional sheets to answer the Background and Recent Experience with Similar Projects information on page 22 of this RFP?

Yes No

Page ___ of our submittal.

Did you complete a project proposal as described in the Submittal Requirements and Technical Requirements?

Yes No

Did you include all addenda if any issued by the City?

Yes No

Did you include References?

Yes No

Page ___ of our submittal

Have you included Proposed Alternative Language to City’s Pro Forma Consulting Services Agreement (if applicable)

Yes No

Page ___ of our submittal

Did you describe your experience with designing Stormwater Diversion to Sanitary Sewer Projects?

Yes No

Page ___ of our submittal.

Did you describe geotechnical experience for preliminary design of Stormwater Diversion to Sanitary Sewer?

Yes No

Page ___ of our submittal.

Price proposal submittal to complete the work described in this RFP

$

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Proposal Submittal (continued): Vendor Name: ____________________________________________________________ The Vendor shall provide a Price Proposal Cost Breakdown in the format presented below. The minimum breakdown of Tasks are shown. The Vendor is encouraged to prepare a detailed Price Proposal Cost Breakdown reflecting appropriate personnel, further task breakdowns and sub-contractor fees.

Price Proposal Cost Breakdown To Provide the Services Required in this RFP

Task Description No. of Hours Labor Cost/hr ($) Cost

Task 1: Project Management, Meetings, and Coordination

$ $

Task 2: Environmental Compliance and Permitting

$ $

2.1 Environmental Compliance $ $

2.2 LACFCD, FAA, Sanitation Districts and other Agency Permits

$ $

Task 3: Planning, Design, Engineering $ $

3.1 Data Gathering and Review $ $

3.2 Flow Study (Incldg. $50,000 deposit to Sanitation Districts)

$ $

3.3 Utility Mapping $ $

3.4 Topographic Survey $ $

3.5 Geotechnical Investigation $ $

3.6 Pre-Design Report $ $

3.7 Stakeholder and Community Outreach/Engagement Plan

$ $

3.8 Final Design $ $

3.8.1 Bid Documents, Specs and Estimates

$ $

3.8.2 Final Report $ $

Task 4: General Compliance Requirements / Project Effectiveness and Performance

$ $

4.1 QAPP $ $

4.2 PAEP and MRP $ $

4.3 Monitoring Plan $ $

Task 5: O&M Plan $ $

5.1 O&M Plan $ $

5.2 Trash disposal from Nike missile silo #2 $ $

Total Price Proposal $

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ATTACHMENT 1

STATE OF CALIFORNIA PROPOSER’S AFFIDAVIT

COUNTY OF LOS ANGELES ____________________________ being first duly sworn deposes and says: 1. That he/she is the ___________________________ of _____________________________ (Title of Office) (Name of Company) Hereinafter called “proposer”, who has submitted to the City of Torrance a proposal for __________________________________________________________________________ (Title of RFP) 2. That the proposal is genuine; that all statements of fact in the proposal are true; 3. That the proposal was not made in the interest or behalf of any person, partnership, company, association, organization or corporation not named or disclosed; 4. That the Proposer did not, directly or indirectly, induce solicit or agree with anyone else to submit a false or sham proposal, to refrain from proposing, or to withdraw his proposal, to raise or fix the proposal price of the Proposer or of anyone else, or to raise or fix any overhead, profit or cost element of the Proposer’s price or the price of anyone else; and did not attempt to induce action prejudicial to the interest of the City of Torrance, or of any other Proposer, or anyone else interested in the proposed contract; 5. That the Proposer has not in any other manner sought by collusion to secure for itself an advantage over the other Proposer or to induce action prejudicial to the interests of the City of Torrance, or of any other Proposer or of anyone else interested in the proposed contract; 6. That the Proposer has not accepted any proposal from any subcontractor or materialman through any proposal depository, the bylaws, rules or regulations of which prohibit or prevent the Proposer from considering any proposal from any subcontractor or material man, which is not processed through that proposal depository, or which prevent any subcontractor or materialman from proposing to any contractor who does not use the facilities of or accept proposals from or through such proposal depository; 7. That the Proposer did not, directly or indirectly, submit the Proposer’s proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof, or to any individual or group of individuals, except to the City of Torrance, or to any person or persons who have a partnership or other financial interest with said Proposer in its business. 8. That the Proposer has not been debarred from participation in any State or Federal works project. Dated this ____ day of ________________, 20_____. _____________________________________ (Proposer Signature) _____________________________________ (Title)

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ATTACHMENT 2

CONSULTING SERVICES AGREEMENT

[00265574] 1

CONSULTING SERVICES AGREEMENT

This CONSULTING SERVICES AGREEMENT (“Agreement”) is made and entered into as of Date (the “Effective Date”), by and between the CITY OF TORRANCE, a municipal corporation (“CITY”), and CONSULTANT Name, type of entity (“CONSULTANT”). RECITALS: A. CITY wishes to retain the services of an experienced and qualified

CONSULTANT to insert brief description of services. B. In order to obtain the desired services, CITY has circulated its Request for

Proposal for insert brief title of RFP, RFP No. insert RFP No. (the “RFP”). C. CONSULTANT has submitted a Proposal (the “Proposal”) in response to the

RFP. In its Proposal CONSULTANT represents that it is qualified to perform those services requested in the RFP. Based upon its review of all proposals submitted in response to the RFP, CITY is willing to award this Agreement to CONSULTANT.

AGREEMENT: 1. SERVICES TO BE PERFORMED BY CONSULTANT

CONSULTANT will provide the services and install those materials listed in CONSULTANT’s Proposal submitted in response to the RFP. A copy of the RFP is attached as Exhibit A. A copy of the Proposal is attached as Exhibit B. CONSULTANT warrants that all work and services set forth in the Proposal will be performed in a competent, professional and satisfactory manner.

2. TERM Unless earlier terminated in accordance with Paragraph 4 below, this Agreement will continue in full force and effect from the Effective Date through .

3. COMPENSATION

A. CONSULTANT’s Fee.

For services rendered pursuant to this Agreement, CONSULTANT will be paid in accordance with the Compensation Schedule set forth in the Proposal; provided, however, that in no event will the total amount of money paid CONSULTANT, for services initially contemplated by this Agreement, exceed the sum of $insert dollar amount (“Agreement Sum”), unless otherwise first approved in writing by CITY.

[00265574] 2

B. Schedule of Payment.

Provided that CONSULTANT is not in default under the terms of this Agreement, upon presentation of an invoice, CONSULTANT will be paid the fees described in Paragraph 3.A. above, according to the Compensation Schedule. Payment will be due within 30 days after the date of the invoice.

4. TERMINATION OF AGREEMENT

A. Termination by CITY for Convenience.

1. CITY may, at any time, terminate the Agreement for CITY’s convenience and without cause.

2. Upon receipt of written notice from CITY of such termination for

CITY’s convenience, CONSULTANT will:

a. cease operations as directed by CITY in the notice; b. take actions necessary, or that CITY may direct, for the

protection and preservation of the work; and c. except for work directed to be performed prior to the

effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders.

3. In case of termination for CITY’s convenience, CONSULTANT will

be entitled to receive payment for work executed, together with costs incurred by reason of the termination, along with reasonable overhead and profit on work not executed.

B. Termination for Cause.

1. If either party fails to perform any term, covenant or condition in this

Agreement and that failure continues for 15 calendar days after the nondefaulting party gives the defaulting party written notice of the failure to perform, this Agreement may be terminated for cause; provided, however, that if during the notice period the defaulting party has promptly commenced and continues diligent efforts to remedy the default, the defaulting party will have such additional time as is reasonably necessary to remedy the default.

2. In the event this Agreement is terminated for cause by the default

of CONSULTANT, CITY may, at the expense of CONSULTANT and its surety, complete this Agreement or cause it to be completed. Any check or bond delivered to the CITY in connection with this Agreement, and the money payable thereon, will be forfeited to and remain the property of the CITY. All moneys due CONSULTANT under the terms of this Agreement will be retained

[00265574] 3

by CITY, but the retention will not release CONSULTANT and its surety from liability for the default. Under these circumstances, however, CONSULTANT and its surety will be credited with the amount of money retained, toward any amount by which the cost of completion exceeds the Agreement Sum and any amount authorized for extra services.

3. Termination for cause will not affect or terminate any of the rights of

CITY as against CONSULTANT or its surety then existing, or that may thereafter accrue because of the default; this provision is in addition to all other rights and remedies available to the CITY under law.

C. Termination for Breach of Law.

In the event CONSULTANT or any of its officers, directors, shareholders, employees, agents, subsidiaries or affiliates is convicted (i) of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of a contract or subcontract; (ii) under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty that currently, seriously, and directly affects responsibility as a public consultant or CONSULTANT; (iii) under state or federal antitrust statutes arising out of the submission of bids or proposals; or (iv) of violation of Paragraph 19 of this Agreement; or for any other cause CITY determines to be so serious and compelling as to affect CONSULTANT’s responsibility as a public consultant or CONSULTANT, including but not limited to, debarment by another governmental agency, then CITY reserves the unilateral right to terminate this Agreement or to impose such other sanctions (which may include financial sanctions, temporary suspensions or any other condition deemed appropriate short of termination) as it deems proper. CITY will not take action until CONSULTANT has been given notice and an opportunity to present evidence in mitigation.

5. FORCE MAJEURE

If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance will be excused for a period equal to the period of that cause for failure to perform.

[00265574] 4

6. RETENTION OF FUNDS

CONSULTANT authorizes CITY to deduct from any amount payable to CONSULTANT (whether or not arising out of this Agreement) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of CONSULTANT’s acts or omissions in performing or failing to perform CONSULTANT’s obligations under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by CONSULTANT, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of CONSULTANT to insure, indemnify, and protect CITY as elsewhere provided in this Agreement.

7. CITY REPRESENTATIVE

City Representative is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this Agreement and to make all decisions in connection with this Agreement. Whenever approval, directions, or other actions are required by CITY under this Agreement, those actions will be taken by the City Representative, unless otherwise stated. The City Manager has the right to designate another City Representative at any time, by providing notice to CONSULTANT.

8. CONSULTANT REPRESENTATIVE(S)

The following principal(s) of CONSULTANT are designated as being the principal(s) and representative(s) of CONSULTANT authorized to act in its behalf with respect to the work specified in this Agreement and make all decisions in connection with this Agreement:

Representative 1 Representative 2

9. INDEPENDENT CONTRACTOR

CONSULTANT is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its agents will have control over the conduct of CONSULTANT or any of CONSULTANT’s employees, except as otherwise set forth in this Agreement. CONSULTANT’s agents and employees are not and shall not be considered employees of CITY for any purpose. CONSULTANT may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY. CITY has no duty, obligation, or responsibility to CONSULTANT’s agents or employees under the Affordable Care Act. CONSULTANT is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act and any other liabilities, claims and obligations regarding compliance with the Affordable Care Act with respect to CONSULTANT’s agents and employees. CITY is not responsible and shall not

[00265574] 5

be held liable for CONSULTANT’s failure to comply with CONSULTANT’s duties, obligations, and responsibilities under the Affordable Care Act. CONSULTANT agrees to defend, indemnify and hold CITY harmless for any and all taxes and penalties that may be assessed against CITY as a result of CONSULTANT’s obligations under the Affordable Care Act relating to CONSULTANT’s agents and employees.

10. BUSINESS LICENSE CONSULTANT must obtain a City business license prior to the start of work under this Agreement, unless CONSULTANT is qualified for an exemption.

11. OTHER LICENSES AND PERMITS

CONSULTANT warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this Agreement.

12. FAMILIARITY WITH WORK

By executing this Agreement, CONSULTANT warrants that CONSULTANT (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services required under this Agreement. If the services involve work upon any site, CONSULTANT warrants that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the services set forth in this Agreement. Should CONSULTANT discover any latent or unknown conditions that will materially affect the performance of the services set forth in this Agreement, CONSULTANT must immediately inform CITY of that fact and may not proceed except at CONSULTANT’s risk until written instructions are received from CITY.

13. CARE OF WORK

CONSULTANT must adopt reasonable methods during the term of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages to persons or property, until acceptance of the work by CITY, except those losses or damages as may be caused by CITY’s own negligence.

14. CONSULTANT’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS

Records of CONSULTANT’s time pertaining to the project, and records of accounts between CITY and CONSULTANT, will be kept on a generally recognized accounting basis. CONSULTANT will also maintain all other records, including without limitation, specifications, drawings, progress reports and the like, relating to the work and services identified in Exhibit A. All records will be available to CITY during normal working hours. CONSULTANT will maintain these records for three years after final payment.

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15. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless Agency and any and all of its officials, officers, employees, agents, successors, and volunteers ("Indemnified Parties") from and against any and all claims, actions, lawsuits, arbitration proceedings, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT's duty to defend any claim, action, lawsuit, or arbitration proceeding (collectively, “Claim”) shall consist of reimbursement of defense costs incurred by Agency in direct proportion to the CONSULTANT's proportionate percentage of fault concerning such Claim. Notwithstanding the previous sentence: (1) in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business then the design professional shall meet and confer with other parties regarding unpaid defense costs and shall be liable for any such defense costs allowable by law; (2) CONSULTANT’s duty to defend any Claim shall consist of reimbursement of all defense costs where a project-specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a primary basis.

16. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of CITY will be personally liable to CONSULTANT, in the event of any default or breach by the CITY or for any amount that may become due to CONSULTANT.

17. INSURANCE

A. CONSULTANT and its subCONSULTANTs must maintain for the duration of the Agreement at their sole expense the following insurance, which will be full coverage, not subject to self-insurance provisions:

1. Automobile Liability, including owned, non-owned and hired

vehicles, with at least the following limits of liability:

a. Primary Bodily Injury with limits of at least $500,000 per person, $1,000,000 per occurrence; and

b. Primary Property Damage of at least $250,000 per

occurrence; or c. Combined single limits of $1,000,000 per occurrence.

2. Commercial General Liability including coverage for premises,

products and completed operations, independent CONSULTANTs/vendors, personal injury and contractual obligations with combined single limits of coverage of at least $2,000,000 per occurrence, $4,000,000 aggregate.

[00265574] 7

3. Workers' Compensation coverage as required by the Labor Code of the State of California and, if workers' compensation is required, employer's liability insurance with minimum limits of ($1,000,000) per occurrence or occupational illness. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONSULTANT, its employees, agents and subcontractors.

4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $2,000,000 per occurrence or claim, $4,000,000 aggregate.

B. The insurance provided by CONSULTANT will be primary and non-

contributory.

C. CITY, the Successor Agency to the Former Redevelopment Agency of the City of Torrance, the City Council and each member thereof, members of boards and commissions, every officer, agent, official, employee and volunteer must be named as additional insureds under the automobile and general liability policies. Coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance or applicable policy language.

D. CONSULTANT must provide certificates of insurance including all

required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) indicating appropriate coverage, to the City Clerk of the City of Torrance before the commencement of work.

E. Each insurance policy required by this Paragraph must contain a provision

that no termination, cancellation or change of coverage can be made without notice to the CITY.

F. If the CONSULTANT maintains broader coverage and/or higher limits than

the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

G. The procuring of insurance shall not be construed as a limitation on

liability nor as full performance of the indemnification provisions of the CONSULTANT.

H. Claims Made Policies

If any of the required policies provide coverage on a claims-made basis: a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

[00265574] 8

b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

I. CONSULTANT hereby grants to CITY a waiver of any right to subrogation

which any insurer of said CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.

18. SUFFICIENCY OF INSURERS

Insurance required by this Agreement will be satisfactory only if issued by companies admitted to do business in California, rated “A” or better in the most recent edition of Best’s Key Rating Guide, and only if they are of a financial category Class VII or better, unless these requirements are waived by the Risk Manager of CITY (“Risk Manager”) due to unique circumstances. In the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to CITY, the CONSULTANT agrees that the minimum limits of any insurance policies or performance bonds required by this Agreement may be changed accordingly upon receipt of written notice from the Risk Manager; provided that CONSULTANT will have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of CITY within 10 days of receipt of notice from the Risk Manager.

19. CONFLICT OF INTEREST

A. No officer or employee of the CITY may have any financial interest, direct or indirect, in this Agreement, nor may any officer or employee participate in any decision relating to the Agreement that effects the officer or employee’s financial interest or the financial interest of any corporation, partnership or association in which the officer or employee is, directly or indirectly interested, in violation of any law, rule or regulation.

B. No person may offer, give, or agree to give any officer or employee or

former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.

[00265574] 9

20. NOTICE A. All notices, requests, demands, or other communications under this

Agreement will be in writing. Notice will be sufficiently given for all purposes as follows:

1. Personal delivery. When personally delivered to the recipient,

notice is effective on delivery. 2. First Class mail. When mailed first class to the last address of the

recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.

3. Certified mail. When mailed certified mail, return receipt requested,

notice is effective on receipt, if delivery is confirmed by a return receipt.

4. Overnight delivery. When delivered by an overnight delivery

service, charges prepaid or charged to the sender’s account, notice is effective on delivery, if delivery is confirmed by the delivery service.

5. Facsimile transmission. When sent by fax to the last fax number of

the recipient known to the party giving notice, notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.

6. Addresses for purpose of giving notice are as follows:

CONSULTANT: CONSULTANT’S NAME AND

ADDRESS

Fax: INSERT FAX NUMBER CITY: City Clerk

City of Torrance 3031 Torrance Boulevard Torrance, CA 90503 Fax: (310) 618-2931

B. Any correctly addressed notice that is refused, unclaimed, or

undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.

C. Either party may change its address or fax number by giving the other

party notice of the change in any manner permitted by this Agreement.

[00265574] 10

21. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING This Agreement and all exhibits are binding on the heirs, successors, and assigns of the parties. The Agreement may not be assigned or subcontracted by either CITY or CONSULTANT without the prior written consent of the other.

22. INTEGRATION; AMENDMENT This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this Agreement. The Agreement may not be modified or altered except in writing signed by both parties.

23. INTERPRETATION

The terms of this Agreement should be construed in accordance with the meaning of the language used and should not be construed for or against either party by reason of the authorship of this Agreement or by any other rule of construction that might otherwise apply. To the extent that the terms of the RFP or the Proposal are inconsistent with the terms of this Agreement, the terms of this Agreement shall control.

24. SEVERABILITY

If any part of this Agreement is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the Agreement will remain in full force and effect.

25. TIME OF ESSENCE

Time is of the essence in the performance of this Agreement.

26. GOVERNING LAW; JURISDICTION This Agreement will be administered and interpreted under the laws of the State of California. Jurisdiction of any litigation arising from the Agreement will be in Los Angeles County, California.

27. COMPLIANCE WITH STATUTES AND REGULATIONS

CONSULTANT will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders.

28. WAIVER OF BREACH No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the first party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this Agreement.

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29. ATTORNEY’S FEES Except as provided for in Paragraph 15, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment.

30. EXHIBITS

All exhibits identified in this Agreement are incorporated into the Agreement by this reference.

31. CONSULTANT’S AUTHORITY TO EXECUTE

The persons executing this Agreement on behalf of CONSULTANT warrant that (i) CONSULTANT is duly organized and existing; (ii) they are duly authorized to execute this Agreement on behalf of CONSULTANT; (iii) by so executing this Agreement, CONSULTANT is formally bound to the provisions of this Agreement; and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which CONSULTANT is bound.

32. PUBLIC RECORDS ACT Any documents submitted by the CONSULTANT all information obtained in connection with the CITY’s right to audit and inspect the CONSULTANT’s documents, books, and accounting records pursuant to paragraph 14 CONSULTANT’s Accounting Records; Other Project Records; as well as those documents which were required to be submitted in response to the Request for Proposals (RFP) used in the solicitation process for this Contract, become the exclusive property of the City. All such documents become a matter of public record and shall be regarded as public records. Exceptions will be those elements in the California Government Code Section 6250 et seq. (Public Records Act) and which are marked “trade secret”, “confidential”, or “proprietary”. The CITY shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction. /// /// /// /// /// ///

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In the event the CITY is required to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, records, and/or contents of a proposal marked “trade secret”, “confidential”, or “proprietary”, the CONSULTANT agrees to defend and indemnify the CITY from all costs and expenses, including reasonable attorney’s fees, in action or liability arising under the Public Records Act.

CITY OF TORRANCE, a municipal corporation _______________________________ Patrick J. Furey, Mayor

Firm Name Type of Entity By:________________________________ Signer Title

ATTEST: _______________________________ Rebecca Poirier, MMC City Clerk

APPROVED AS TO FORM: PATRICK Q. SULLIVAN City Attorney By: ____________________________

Attachments: Exhibit A Request for Proposals Exhibit B Proposal Rev. 0720

EXHIBIT A

REQUEST FOR PROPOSALS

[To be attached]

EXHIBIT B

PROPOSAL

[To be attached]

28

ATTACHMENT 3

Los Angeles Region Safe, Clean Water (SCW) Program Grant Agreement No. 2020RPSSMB02

Regional Program Agreement No. 2020RPSSMB02

Page 1 of 36

TRANSFER AGREEMENT BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT

AND CITY OF TORRANCE

AGREEMENT NO. 2020RPSSMB02 SAFE, CLEAN WATER PROGRAM – REGIONAL PROGRAM

This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of October 29, 2020 by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and City of Torrance for Torrance Airport Storm Water Basin Project, Phase 2, hereinafter referred to as "Recipient."

WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District;

WHEREAS, Recipient proposes to implement a Funded Activity (as hereafter defined) that is eligible for funding under the SCW Program;

WHEREAS, the Funded Activity is included in a Stormwater Investment Plan (SIP) that has been approved by the County of Los Angeles Board of Supervisors;

WHEREAS, the Board approved a standard template Agreement as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code;

NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:

I. Definitions The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply:

“Activity Completion” means that the Funded Activity is complete to the reasonable satisfaction of the District based on review of reports and other documentation as deemed appropriate by the District. If the Funded Activity is an Infrastructure Program Project on District Right-of-Way a separate use and maintenance agreement is required.

“Activity Costs” means the total costs necessary to achieve Activity Completion. The Activity Costs for the Funded Activity are described in Exhibit A.

“Agreement” means this Transfer Agreement, including all exhibits and attachments hereto.

Regional Program Agreement No. 2020RPSSMB02

Page 2 of 36

“Budget Plan” means a Recipient’s plan for funding Activity Completion, including a description of all sources of funds for Activity Costs and a description of how the SCW Program Contribution will be allocated among the tasks identified in the Scope of Work within each fiscal year. Recipient's Budget Plan is described in Exhibit A.

“Days” means calendar days unless otherwise expressly indicated.

“Fiscal Year” means the period of twelve (12) months terminating on June 30 of any year.

“Funded Activity” means the Infrastructure Program Project, or Scientific Study described in Exhibit A – Scope of Work, including the Stakeholder and Community Outreach Plan and all other tasks and activities described in Exhibit A.

“Safe Clean Water (SCW) Program Contribution” means the portion of the Activity Costs to be paid for with Regional Program funds provided by the District from the SCW Program as described in the Budget Plan.

“Year” means calendar year unless otherwise expressly indicated. II. Party Contacts

The District and the Recipient designate the following individuals as the primary points of contact and communication regarding the Funded Activity and the administration and implementation of this Agreement.

Los Angeles County Flood Control District Recipient: City of Torrance

Name:

Kirk Allen

Name: John Dettle

Address: 11th Floor, PO Box 1460, Alhambra, CA 91802-1460

Address: 20500 Madrona Ave., Torrance, CA 90503

Phone: (626)458-4331 Phone: 3106183059

Email: KALLEN@dpw.lacounty.gov Email: JDettle@TorranceCA.Gov

Either party to this Agreement may change the individual identified above by providing written notice of the change to the other party.

III. Exhibits Incorporated BY REFERENCE The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement: EXHIBIT A – SCOPE OF WORK

EXHIBIT B – GENERAL TERMS AND CONDITIONS

EXHIBIT C – SPECIAL CONDITIONS

EXHIBIT D – ADDENDUM TO AGREEMENT

EXHIBIT E – NATURE-BASED SOLUTIONS (Best Management Practices)

EXHIBIT F – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT

Regional Program Agreement No. 2020RPSSMB02

Page 3 of 36

IV. Activity Completion A. The Recipient shall implement and complete the Funded Activity in accordance

with the work schedule described in Exhibit A,

B. The Recipient shall comply with the terms and conditions in Exhibits A, B, C, D, E, and F of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code.

C. The Recipient shall fulfill all assurances, declarations, representations, and commitments made by the Recipient in its application for SCW Program Contributions, accompanying documents, and communications filed in support of its application for SCW Program Contributions.

V. SCW PROGRAM FUNDING FOR FUNDED ACTIVITY A. The District shall disburse the SCW Program Contribution for the 2020-2021 Fiscal

Year as described in the corresponding approved Stormwater Investment Plan (SIP) within 45-days of receipt of the signed executed Agreement.

B. If the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, the parties shall enter into an addendum to this Agreement, in the form attached as Exhibit D, regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year. The Recipient expressly acknowledges and agrees that the District is not obligated to disburse any SCW Program Contributions to Recipient for any Fiscal Year beyond the 2020-21 Fiscal Year unless the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year , the Recipient has complied with the provisions related to the California Environmental Quality Act in Exhibit C, and the parties have duly executed an addendum to this Agreement for that Fiscal Year.

C. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations.

D. All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement and Chapters 16 and 18 of the Code.

E. The Recipient shall submit the scope of work described in Exhibit A 45-days after approval of the SIP. If the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, and there are any changes to the Scope of Work, Budget Plan or any other portions of Exhibit A for that Fiscal Year, a revised Exhibit A will be required as part of the addendum to this Agreement for that Fiscal Year.

VI. Execution of Agreement This Agreement may be executed simultaneously or in any number of counterparts,

including both counterparts that are executed manually on paper and counterparts that

are in the form of electronic records and are executed electronically, whether digital or

Regional Program Agreement No. 2020RPSSMB02

Page 4 of 36

encrypted, each of which shall be deemed an original and together shall constitute one

and the same instrument.

The District and the Recipient hereby agree to regard facsimile/electronic representations

of original signatures of authorized officers of each party, when appearing in appropriate

places on this Agreement and on any addenda or amendments thereto, delivered or sent

via facsimile or electronic mail or other electronic means, as legally sufficient evidence

that such original signatures have been affixed to this Agreement and any addenda or

amendments thereto such that the parties need not follow up facsimile/electronic

transmissions of such documents with subsequent (non-facsimile/electronic)

transmission of “original” versions of such documents.

Further, the District and the Recipient: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the party using such signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature.

Regional ProgramAgreement No. 202DRPSSMB02

I N WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

South Santa Monica Bav:

City of Torrance

Torrance Airport Storm Water Basin Project, Phase 2

,~, 4

r

By:

Name: CraicT Bilezerian, P. E.

Title: Public Works Director

Date: y— ~ ~ -~ 24 2

Page 5 of 36

Regional ProgramAgreement No. 2020RPSSMB02

I N WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

LOS ANGELES COUNTYFLOOD CONTROL DISTRICT:

Na

Title: Acting Assistant Deputy Director

For: Mark Pestrella

Date: ~ ~~ l 21

Page 6 of 36

Regional Program Agreement No. 2020RPSSMB02

Page 7 of 36

EXHIBIT A – SCOPE OF WORK A-1. Budget Plan

The Recipient shall submit a detailed Budget Plan for all eligible expenditures (those incurred after November 7, 2018) for all phases and tasks included in the work schedule for the Funded Activity. The Recipient shall include a summary of leveraged funds and in-kind services for the Funded Activity. For a Funded Activity that will be performed over more than one Fiscal Year, the Budget Plan must clearly identify the amount of SCW Program Contribution for each Fiscal Year.

A-2. Consistent with SCW Program Goals

By signing this Agreement, the Recipient shall provide certification that the Budget Plan is consistent with SCW Program Goals as described in Chapter 18.04 of the Code.

The Recipient shall include a summary of how the identified SCW Program Goals are expected to be achieved through the Funded Activity, including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.

A-3. Estimated Reasonable Total Activity Cost

The Recipient shall submit a detailed estimate total Activity Cost for all phases and tasks included in the work schedule for the Funded Activity.

A-4. Funded Activity Description and Scope of Work

The Recipient shall provide a general description of the Funded Activity and a detailed scope of work. The scope of work may include:

1. Project Management, including required reporting

2. General Compliance Requirements/Project Effectiveness and Performance

3. Permitting and Environmental Compliance

4. Planning, Design, and Engineering

5. Stakeholder and Community Outreach/Engagement Activities

6. Right of Way Acquisition

7. Construction and Implementation

8. Operation and Maintenance

A-5. Operations and Maintenance (O&M) Plan

Where the Funded Activity is an Infrastructure Program Project, the Recipient shall submit a plan describing the activities that are expected to be necessary to perform O&M for the

Regional Program Agreement No. 2020RPSSMB02

Page 8 of 36

Infrastructure Program Project to ensure it remains in good working order throughout the useful life of the Infrastructure Program Project using SCW Program Contributions. The O&M plan shall address the activities described in Exhibit F to the greatest extent feasible and in as much detail as possible based on the completeness of the Project design and construction. The Recipient shall update the O&M plan in connection with each Addenda until completion of the Infrastructure Program Project and the submittal of a final O&M plan.

The Recipient shall specifically identify the entity that will be performing the O&M for the lifetime of the Project. If this is not the Recipient, the Recipient shall submit a letter of commitment from the entity that will be performing the O&M (See Exhibit F, for example activities). The letter of commitment shall include details demonstrating how the provider is qualified and capable of providing the necessary ongoing O&M services.

The Recipient may elect to request the local Municipality or District to provide O&M for the useful life of the Infrastructure Program Project using SCW Program Contributions. If the Recipient does not elect to seek the District’s services or if the District is unable to provide the services as requested, the Recipient shall include in the letter of commitment reference to the above details demonstrating how the provider is qualified and capable of providing the necessary ongoing O&M services.

A-6. Post-Construction Monitoring

Where the Funded Activity is an Infrastructure Program Project, stormwater quality monitoring data shall be collected and reported in a manner consistent with the SWRCB database, the CEDEN for a period of three years. The Recipient shall submit a post-construction monitoring plan when the design phase is complete. The post-construction monitoring plan will evaluate the effectiveness of stormwater treatment facilities and include the project description; quality objectives; sampling design; sampling procedures; quality control; data management verification, and reporting; data quality assessment; and data analysis procedures.

A-7. Sustainability Rating

Where the Funded Activity is an Infrastructure Program Project that has applied for Institute for Sustainable Infrastructure (ISI) verification, the Recipient shall submit the final score and Envision award level.

A-8. Stakeholder and Community Outreach/Engagement Plan

The Recipient shall submit a Stakeholder and Community Outreach/Engagement Plan for Infrastructure Program Projects and include a discussion of how local NGOs or CBOs will be involved, if applicable, and if not, why. Additional outreach/engagement activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach. The plan shall, at a minimum include:

1. Community outreach activities to provide information to residents and information about upcoming meetings or other engagement activity event is scheduled.

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Outreach methods used should be appropriate in scale and type to the community being served. Outreach methods include but are not limited to: Online Media Outreach (email blasts, social media, publication on a website) Local Media Outreach (newsletters, local and regional newspapers, and local radio and television) and/or Grassroots Outreach (door-to-door canvassing, phone banking, surveys and focus groups, and distribution of flyers or other printed materials). The District will support outreach efforts through web-based platforms if requested at least four weeks prior to the requested publish date. The District should be included in all social media outreach and notified of all meetings and other engagement events.

2. Community engagement activities solicit, address and seek input from community members for Funded Activities. These events may occur as part of any public meeting with multiple agenda items such as council, commission or committee meetings where public input is invited; or at festivals, fairs, or open houses where a table or booth may be set up.

3. Stakeholder and Community Outreach/Engagement Plan requirements:

Stakeholder and Community Outreach/Engagement Plan activities should occur at the onset of the project, during the design phase, and during construction.

Infrastructure Program Project Funds

Required Activity 1 Required Activity 2

Up to $2 M Outreach or Engagement

Up to $10 M Outreach ≥1 Engagement

Over $10 M Outreach ≥ 2 Engagements

4. If the Funded Activity is for the O&M of an Infrastructure Program Project Stakeholder and Community Outreach/Engagement Plan activities should occur biennially to remind communities of the SCW Program Contribution.

5. Activities and measures to mitigate against displacement and gentrification. This includes, as applicable, an acknowledgment that the Funded Activity will be fully subject to and comply with any County-wide displacement policies as well as with any specific anti-displacement requirements associated with other funding sources.

A-9. Tracking Infrastructure Program Project Benefits

The Recipient shall submit an overview of the benefits achieved upon the Activity Completion. SOW shall include quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.

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A-10. Work Schedule and Completion Date

The Recipient shall submit a detailed schedule, including start and completion dates for all phases and tasks of the scope of work for the Funded Activity. For Funded Activities that will be performed over more than one Fiscal Year, the work schedule must clearly identify the phases and tasks that will be performed in each Fiscal Year.

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EXHIBIT B – GENERAL TERMS AND CONDITIONS B-1. Accounting and Deposit of Funding Disbursement

1. SCW Program Contributions distributed to the Recipient shall be held in a separate interest-bearing account and shall not be combined with other funds. Interest earned from each account shall be used by the Recipient only for eligible expenditures consistent with the requirements of the SCW Program.

2. The Recipient shall not be entitled to interest earned on undisbursed SCW Program Contributions; interest earned prior to disbursement is property of the District.

3. The Recipient shall operate in accordance with Generally Accepted Accounting Principles (GAAP).

4. The Recipient shall be strictly accountable for all funds, receipts, and disbursements related to all SCW Program Contributions made to the Recipient.

B-2. Acknowledgement of Credit and Signage

The Recipient shall include appropriate acknowledgement of credit to the District for its support when promoting the Funded Activity or using any data and/or information developed under this Agreement. When the Funded Activity involves the construction phase of an Infrastructure Program Project, signage shall be posted in a prominent location at Project site(s) or at the Recipients headquarters and shall include the Safe, Clean Water Program color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” At a minimum the sign shall be 2’ x 3’ in size. The Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.

When the Funded Activity involves a scientific study, the Recipient shall include the following statement in the study report: “Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” The Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.

B-3. Acquisition of Real Property – Covenant

Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code.

Any Recipient that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record a document in the office of the Registrar-Recorder/County Clerk containing a covenant not to sell or otherwise convey the real property without the prior express written consent of the District, which consent shall not be unreasonably withheld.

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B-4. Amendment

Except as provided in Section II of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties.

B-5. Assignment

The Recipient will not assign this Agreement without the prior consent of the District.

B-6. Audit and Recordkeeping

1. The Recipient shall retain for a period of seven (7) years after Activity Completion, all records necessary in accordance with Generally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program Contributions. The Recipient, upon demand by authorized representatives of the District, shall make such records available for examination and review or audit by the District or its authorized representatives. Records shall include accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, including documentation covering negotiated settlements, invoices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Contributions and expenditures.

2. The Recipient is responsible for obtaining an independent audit to determine Funded Activity compliance with the terms and conditions of this Agreement and all requirements applicable to the Recipient contained in chapters 16 and 18 of the Code promptly upon Activity Completion. For a Funded Activity that will be performed over the course of a period exceeding three years, the District may also perform an interim independent audit every three (3) years until Activity Completion. Audits shall be funded with Regional Program funds.

3. Recipient shall file a copy of the Activity Completion audit report with the District by the end of the ninth (9th) month from Activity Completion. Recipient shall file a copy of all interim audit reports by the ninth (9th) month from the end of each three (3) year period. Audit reports shall be posted on the District’s publicly accessible website.

End-of-Activity Every Third Fiscal Year

Projected End Date

Audit Report Due to District

SIP Fiscal Year

Audit Period Audit Report Due to District

1/15/2022 No later than 10/31/2022

2020-21 7/1/2020 to 6/30/2023

No later than 3/31/2024

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4. Upon reasonable advanced request, the Recipient shall permit the Chief Engineer, at the District's cost and expense, to examine the Funded Activity. The Recipient shall permit the authorized District representative, including the Auditor-Controller, at the District's cost and expense, to examine, review, audit, and transcribe any and all audit reports, other reports, books, accounts, papers, maps, and other records that relate to the Funded Activity.

5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of this Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code.

If at any time the Funded Activity cannot fulfill the provisions outlined in Exhibit A, the accounts and books of the Recipient may be reviewed or audited by the District.

B-7. Availability of Funds

District’s obligation to disburse the SCW Program Contribution is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the SCW Program Contribution, the District shall not be obligated to make any disbursements to the Recipient under this Agreement. This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other recipient. If any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the District that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding. If this Agreement’s funding for any fiscal year is reduced or deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring to the District or offer an amendment to the Recipient to reflect the reduced amount.

1. The Recipient will not seek disbursement of any Activity Costs that will be disbursed or reimbursed from other funding sources.

2. The Recipient agrees that it will not request a disbursement unless that cost is allowable, reasonable, and allocable.

B-8. Choice of Law

The laws of the State of California govern this Agreement.

B-9. Claims

Any claim of the Recipient is limited to the rights, remedies, and claims procedures provided to the Recipient under this Agreement. Recipient expenditures of a SCW Program Contribution that involves the District shall utilize a separate and specific

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agreement to that Project that includes appropriate indemnification superseding that in this Agreement.

B-10. Completion of Funded Activity by the Recipient

The Recipient agrees to pay any and all Activity Costs in excess of the SCW Program Contribution necessary for Activity Completion. The Recipient expressly acknowledges and agrees that if the SCW Program Contribution is not sufficient to pay the Activity Costs in full, the Recipient shall nonetheless complete the Funded Activity and pay that portion of the Activity Costs in excess of the SCW Program Contribution, subject to the provisions of Exhibit C, as applicable.

B-11. Compliance with Law, Regulations, etc.

The Recipient shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable County, state and federal laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Recipient agrees that, to the extent applicable, the Recipient shall comply with the Code.

B-12. Competitive Bidding and Procurements

The Recipient’s contracts with other entities for the acquisition of goods and services and construction of public works with SCW Program Contributions must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Recipient does not have a written policy to award contracts through a competitive bidding or sole source process, the State Contracting Manual rules must be followed and are available at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting#@ViewBag.JumpTo

B-13. Continuous Use of Funded Activity; Lease or Disposal of Funded Activity

Where the Funded Activity involves an Infrastructure Program Project, the Recipient shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of the Funded Activity during the useful life of 30 years of the Funded Activity without prior written approval of the District. Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring repayment of pro rata amount of all disbursed SCW Program Contributions together with interest on said amount accruing from the date of abandonment, substantial discontinuance, lease or disposal of the Project.

B-14. Default Provisions

The Recipient will be in default under this Agreement under any of the following circumstances:

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1. The Recipient has made or makes any false warranty, representation, or statement with respect to this Agreement, any addendum or the application filed to obtain this Agreement;

2. The Recipient materially breaches this Agreement or any addendum, including but not limited to:

a. Fails to operate or maintain Project in accordance with this Agreement;

b. Fails to submit timely Quarterly Progress/Expenditure Reports.

c. Fails to remain in Good Standing (see Section B-34, below).

d. The Recipient fails to maintain reasonable progress toward SCW Program Goals as described in Section 18.04 of the Code, following an opportunity to cure.

e. The Recipient fails to maintain reasonable progress toward Project Completion.

f. Use of SCW Program Contributions for ineligible expenses and/or activities not consistent with the Agreement.

g. Inappropriate use of SCW Program Contributions, as deemed by the District

Should an event of default occur, the District shall provide a notice of default to the Recipient and shall give the Recipient at least ten calendar days or such longer period as the District, in its reasonable discretion, may authorize, to cure the default from the date the notice is sent via first-class mail to the Recipient. If the Recipient fails to cure the default within the time prescribed by the District, the District may do any of the following:

1. Declare the SCW Program Contribution be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default.

2. Terminate any obligation to make future payments to the Recipient.

3. Terminate the Agreement.

4. Take any other action that it deems necessary to protect its interests.

The Recipient shall not be in default under this Agreement as a result of any breach of this Agreement by the Recipient that is the direct result of the District’s failure to make a SCW Program Contribution for any Fiscal Year. Under these circumstances the District may, in its reasonable discretion, terminate this Agreement by providing the Recipient with a written notice of termination. If this Agreement is terminated pursuant to this

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paragraph, the parties shall thereafter have no further obligations to each other in connection with the Funded Activity except that the Recipient's indemnification obligations shall survive the termination of this Agreement and continue in full force and effect.

B-15. Disputes

Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute.

If the matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties. All costs of the mediation, including mediator fees, will be paid one-half by the District and one-half by the Recipient. SCW Program Contributions shall not be used to pay for any costs of the mediation.

The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law.

B-16. Final Inspection and Certification of Registered Professional

Where the Funded Activity is an Infrastructure Program Project, upon completion of the design phase and before construction, the Recipient shall provide certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist) that the design has been completed.

Where the Funded Activity is an Infrastructure Program Project, upon completion of the Project, the Recipient shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement.

B-17. Force Majeure.

In the event that Recipient is delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or other reasons of a like nature beyond the control of the Recipient, then performance of such acts shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.

B-18. Funded Activity Access

When the Funded Activity involves an Infrastructure Program Project the Recipient shall, upon receipt of reasonable advance notice from the District, ensure that the District or

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any authorized representative of the foregoing, will have safe and suitable access to the site of the Funded Activity at all reasonable times through Activity Completion.

B-19. Funding Considerations and Exclusions

1. All expenditures of the SCW Program Contribution by Recipient must comply with the provisions of Chapters 16 and 18 of the Code, including but not limited to the provisions regarding eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible expenditures contained in Section 16.05.A.3.

2. SCW Program Contributions shall not be used in connection with any Funded Activity implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water Resources Control Board Office of Enforcement written policies, or any other Funded Activity implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that SCW funds may be used for a Funded Activity implemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Funded Activity was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.

Recipient certifies that: (a) the Funded Activity is not being implemented as an ECA or SEP; (b) the Funded Activity is not being implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; and (c) the Funded Activity is not being implemented pursuant to a TSO issued by the Los Angeles Regional Water Quality Control Board unless, at the time the TSO was issued, the Funded Activity was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.

B-20. Indemnification

The Recipient shall indemnify, defend and hold harmless the District and their elected and appointed officers, agents, and employees from and against any and all liability and expense arising from any act or omission of the Recipient, its officers, employees, agents, or subconsultants or contractors in conjunction with Recipient’s performance under or pursuant to this Agreement, including defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage.

B-21. Independent Actor

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The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the District.

The Recipient shall not contract work with a contractor who is in a period of debarment from any agency within the District. (LACC Chapter 2.202)

B-22. Integration

This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Recipient, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matter of this Agreement.

B-23. Lapsed Funds

1. The Recipient shall be able to carry over uncommitted Special Parcel Tax funds for up to five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Recipient.

2. If the Recipient is unable to expend the SCW Program Contribution within five (5) years from the end of the Fiscal Year in which those funds are transferred from the District to the Recipient, then lapsed funding procedures will apply. Lapsed funds are funds that were transferred to the Recipient but were not committed to eligible expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from the District.

3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to a new Project with benefit to that Municipality or Watershed Area.

4. In the event that funds are to lapse, due to circumstances beyond the Recipient’s control, then the Recipient may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures. Extension Requests must contain sufficient justification and be submitted to the District in writing no later than three (3) months before the funds are to lapse.

5. The decision to grant an extension is at the sole discretion of the District.

6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding procedures without exception.

7. Example:

Fiscal Year Transferred

Funds Lapse After

Extension Request Due

Commit By

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2020–21 6/30/2026 No later than 3/31/2026

No later than 6/30/2027

B-24. Modification

This Agreement may be amended or modified only by mutual written consent of the Board and Recipient.

B-25. Non-Discrimination

The Recipient agrees to abide by all federal, state, and County laws, regulations, and policies regarding non-discrimination in employment and equal employment opportunity.

B-26. No Obligation of the District

The District will transfer the SCW Program Contribution to the Recipient for the funding of the Funded Activity. The District will have no further obligation, other than to transfer the funds, with respect to the Funded Activity itself.

B-27. No Third-Party Rights

The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein

B-28. Notice

1. The Recipient shall notify the District in writing within five (5) working days of the occurrence of the following:

a. Bankruptcy, insolvency, receivership or similar event of the Recipient; or

b. Actions taken pursuant to State law in anticipation of filing for bankruptcy.

2. The Recipient shall notify the District within ten (10) working days of any litigation pending or threatened against the Recipient regarding its continued existence, consideration of dissolution, or disincorporation.

3. The Recipient shall notify the District promptly of the following:

a. Any significant deviation from in the submitted scope of the Funded Activity for the current Fiscal Year, including discussion of any major changes to the scope of the Funded Activity, noteworthy delays in implementation, anticipated reduction in benefits, and/or modifications that change the SCW Program Goals intended to be accomplished by the Funded Activity. Under no circumstances may the Recipient make changes to the scope of the Funded Activity without receiving prior approval.

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b. Cessation of work on the Funded Activity where such cessation of work is expected to or does extend for a period of thirty (30) days or more;

c. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Activity Completion;

d. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Recipient agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource. When the District is acting as the Lead Agency under CEQA for the Funded Activity, all work in the area of the find will remain suspended until the District has determined what actions should be taken to protect and preserve the resource and the Recipient agrees to implement appropriate actions as directed by the District;

e. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by District representatives with at least fourteen (14) days’ notice to the District;

f. Activity completion.

B-29. Public Records

The Recipient acknowledges that, except for a subset of information regarding archaeological records, the Funded Activity records and locations are public records including, but not limited to, all of the submissions accompanying the application, all of the documents incorporated by reference into this Agreement, and all reports, disbursement requests, and supporting documentation submitted hereunder.

B-30. Recipient’s Responsibility for Work

The Recipient shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project. The District will not mediate disputes between the Recipient and any other entity concerning responsibility for performance of work.

B-31. Related Litigation

The Recipient is prohibited from using the SCW Program Contribution to pay costs associated with any litigation described in Section 16.05.A.3. of the Code. Regardless of whether the Project or any eventual related project is the subject of litigation, the Recipient agrees to complete the Project funded by the Agreement or to repay all the SCW Program Contribution plus interest to the District.

B-32. Remaining Balance

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In the event that the Recipient does not spend all the SCW Program Contribution disbursed for the Funded Activity, Recipient shall promptly return the unspent SCW Program Contribution to the District.

B-33. Reporting

The Recipient shall be subject to and comply with all applicable requirements of the District regarding reporting requirements. Recipients shall report available data through the SCW Reporting Module, once available.

• Quarterly Progress/Expenditure Reports. The Recipient shall submit Quarterly Progress/Expenditure Reports, using a format provided by the District, within forty-five (45) days following the end of the calendar quarter (March, June, September, and December) to the District. The Quarterly Progress/Expenditure Reports shall be posted on the District’s publicly accessible website. The Quarterly Progress/Expenditure Report shall include:

a. Amount of funds received;

b. Percent overall Funded Activity completion estimate;

c. Breakdown of how the SCW Program Contribution has been expended;

d. Documentation that the SCW Program Contribution was used for eligible expenditures in accordance with Chapters 16 and 18 of the Code;

e. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to Exhibit A submission and corresponding metrics;

f. Identification of any phases or tasks of the scope of work that were scheduled to be started or completed during the reporting period (according to the work schedule), but which were delayed, and a discussion of the reasons for the delay, and of lessons learned;

g. Scheduling concerns and issues encountered that may delay completion of the task;

h. Work anticipated for the next reporting period;

i. Any anticipated schedule or budget modifications;

j. Photo documentation (e.g. photos of community outreach events, stakeholder meetings, groundbreaking ceremonies, and project site that may be used on the publicly accessible District website) of the phases or tasks of the Project completed during the reporting period, as appropriate;

k. Additional financial or project-related information as required by the District;

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l. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that the Project was conducted in accordance with Exhibit A;

m. Status of Recipient’s insurance; and

n. Description of post-performance for each completed infrastructure project is required after the first operational year and for a total of three years after the project begins operation. Post-performance reports shall focus on how each project is actually performing compared to its expected performance; whether the project is operated and maintained and providing intended benefits as proposed. A post-performance template will be provided by the District.

• Quarterly Progress/Expenditure Reports shall be submitted to the District Program Manager no later than forty-five days following the end of the calendar quarter as follows:

Quarter End of Quarter Report Due

First Quarter September 15 November

Second Quarter December 15 February

Third Quarter March 15 May

Fourth Quarter June 15 August

• Annually, a summary of the Quarterly Progress/Expenditure Reports shall be submitted to the Watershed Area Steering Committees to explain the previous year’s Quarterly Progress/Expenditure Reports by the Recipient. The summary report shall be submitted six (6) months after the close of the Fourth Quarter. The summary report shall include:

• Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a summary of how funds have been allocated to achieve SCW Program Goals as articulated in Chapter 18.04 of the Code for the prior year. This includes comparisons to Exhibit A and alignment with corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate graphical representation of pertinent data).

• When the Funded Activity is an Infrastructure Program Project, include a description of how the County’s Local and Targeted Worker Hire Policy has been applied and enforced; or if the Recipient is a Municipality and has adopted its own policy, include a description of how its policy was applied and enforced.

• Where the Funded Activity is an Infrastructure Program Project that has applied for Institute for Sustainable Infrastructure (ISI) verification, include

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a description of the final score and Envision award level. Annually, the Recipient shall prepare and provide members of the public with up-to-date information on the actual and budgeted use of the SCW Program Contribution.

• As Needed Information or Reports. The Recipient agrees to promptly provide such reports, data, and information as may be reasonably requested by the District including, but not limited to material necessary or appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or federal government.

B-34. Representations, Warranties, and Commitments

The Recipient represents, warrants, and commits as follows:

1. Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, by the individual signing on behalf of Recipient, has been duly authorized by the governing individual(s), board or body of Recipient, as applicable. This Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.

2. No Violations. The execution, delivery, and performance by the Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which the Recipient is a party or by which the Recipient is bound as of the date set forth on the first page hereof.

3. No Litigation. There are no pending or, to the Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the Recipient's ability to complete the Funded Activity.

4. Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Recipient. As of the date set forth on the first page hereof, the Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due.

5. Legal Status and Eligibility. The Recipient is duly organized and existing and in good standing under the laws of the State of California and will remain so through Activity Completion. The Recipient shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority through Activity Completion.

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6. Insurance. The Recipient shall follow the Insurance Manual prepared by the Risk Management Office of the Los Angeles County Chief Executive Office. For Infrastructure Program Projects the Recipient shall provide General Liability, Automobile Liability, Worker’s Compensation and Employer’s Liability, Builder’s Risk Course of Construction Insurance, and Professional Liability as specified in the Insurance Manual: https://riskmanagement.lacounty.gov/wp-content/uploads/2019/06/Insurance-Manual-revised-May-2019.pdf

B-35. Requirements for Good Standing

The Recipient must currently be in compliance with the District requirements set forth in this Agreement. The Recipient must demonstrate it has not failed to comply with previous County and/or District audit disallowances within the preceding five years.

B-36. Requirements Related to Recipient's Contractors

1. The Recipient shall apply and enforce provisions mirroring those set forth in the then-current version of the County's Local and Targeted Worker Hire Policy (LTWHP) as to contractors performing work on such a Project. Alternatively, if the Recipient is a Municipality and has adopted its own policy that is substantially similar to the LTWHP, the Recipient may, at its election, choose to apply and enforce the provisions of its own such policy as to contractors performing work on such a Project in lieu of the provisions of the LTWHP.

2. The Recipient shall apply and enforce provisions mirroring those set forth in Los Angeles County Code (LACC) Chapter 2.211 (Disabled Veteran Business Enterprise Preference Program), LACC, Chapter 2.204 (Local Small Business Enterprise Preference Program), LACC, Chapter 2.205 (Social Enterprise Preference Program), LACC, Chapter 2.203 (Contractor Employee Jury Service Ordinance), LACC Chapter 2.206 (Defaulted Tax Program), LACC, Chapter 2.200 (Child Support Compliance Program, LACC, Chapter 2.160 (County Lobbyist Ordinance), Safely Surrendered Baby Law, and Zero Tolerance Policy on Human Trafficking, as to contractors performing work on such an Infrastructure Program Project, subject to statutory authorization for such preference program(s), and subject to applicable statutory limitations for such preference(s); and, furthermore, the Recipient shall take actions to promote increased contracting opportunities for Women-Owned Businesses on the Project, subject to applicable State or federal constitutional limitations.

3. The Recipient shall obtain all necessary approvals, entitlements, and permits required to implement the Project. Failure to obtain any necessary approval, entitlement, or permit shall constitute a breach of a material provision of this Agreement.

4. With respect to a Project funded with SCW Program Contributions through the Regional Program, if the Project has an estimated capital cost of over twenty-five million dollars ($25,000,000),as adjusted periodically by the Chief Engineer in

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accordance with changes in the Consumer Price Index for all urban consumers in the Los Angeles area, or other appropriate index, a provision that the Infrastructure Program Project Developer for such a Project must require that all contractors performing work on such a Project be bound by the provisions of: (1) a County-wide Project Labor Agreement (Community Workforce Agreement), if such an agreement has been successfully negotiated between the County and the Trades and is approved by the Board, or (2) a Project Labor Agreement ("PLA") mirroring the provisions of such Community Workforce Agreement.

5. With respect to a Project funded with SCW Program Contributions through the Regional Program, if one or more of the Municipalities that is a financial contributor to a Project has its own PLA, a provision that the Infrastructure Program Project Developer for the Project must require that contractors performing work on the Project are bound to such PLA. If more than one of the contributing Municipalities to a capital project has a PLA, the Project Developer shall determine which of the PLAs will be applied to the Project.

6. Payment Bond. Payment bonds for exceeding twenty-five thousand dollars are required. A payment bond is defined as a surety bond posted by a contractor to guarantee that its subcontractors and material suppliers on the Project will be paid.

7. Performance Bond. Where contractors are used, the Recipient shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Recipient in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issues pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, 7103; Code Civ. Proc. 995.311.)

8. Prevailing Wage. The Recipient agrees to be bound by all the provisions of Sections 1771 and 1774 of the California Labor Code regarding prevailing wages and requires each of subcontractors to also comply. The Recipient shall monitor all contracts resulting from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. The Recipient affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance, and the Recipient affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make it contractors and subcontractors aware of this provision .

9. Public Funding. This Funded Activity is publicly funded. Any service provider or contractor with which the Recipient contracts must not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances.

B-37. Travel

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Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the California Department of Human Resources; per diem costs will not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred by the Recipient. No travel outside the Los Angeles County Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program Manager.

B-38. Unenforceable Provision

In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

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EXHIBIT C – SPECIAL CONDITIONS [If the Recipient is a public agency]

C-1. The Recipient acknowledges and agrees that the Recipient is the "lead agency" regarding compliance with the California Environmental Quality Act (CEQA) in connection with the Funded Activity and shall be responsible for the preparation of all documentation, analysis and other work and any mitigation necessary to comply with CEQA in connection with the Funded Activity. By entering into this Agreement, the District is not approving any activity that would be considered a project under CEQA.

C-2. Upon the completion of the documentation, analysis and other work necessary to comply with CEQA as described in section C-1, the Recipient shall promptly provide such documentation, analysis and work to the District. The Recipient acknowledges that the District is a Responsible Agency under CEQA in connection with the Funded Activity and that the District will not disburse the SCW Program Contribution for any activities that meet the definition of a project under CEQA until the Recipient has provided such documentation, analysis and other work to the District and the District has complied with its obligations as a Responsible Agency under CEQA.

C-3. In addition to its other indemnification obligations pursuant to this Agreement, the Recipient hereby agrees to indemnify, defend, and hold harmless District, the County of Los Angeles and their officers, employees, and agents from and against any and all claims and/or actions related to the Funded Activity that may be asserted by any third party or public agency alleging violations of CEQA or the State CEQA Guidelines or the NEPA.

C-4. Notwithstanding any other provision of this Agreement, if any documentation or other analysis pursuant to CEQA discloses that the Funded Activity, or portion thereof, will have one or more significant environmental impacts that cannot be feasibly mitigated, the Recipient shall promptly notify and consult with the District. With the District's approval, the Recipient may determine to terminate or modify the implementation of all or any portion of the Funded Activity in order to avoid such environmental impacts.

C-5. In the event the parties, pursuant to the preceding paragraph, determine to terminate the implementation of the entirety of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions and the Recipient shall thereafter have no further obligation under this Agreement to implement the Funded Activity. In the event the parties determine to terminate the implementation of a portion of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions for the terminated portion of the Funded Activity and the Recipient shall thereafter have no further obligation under this Agreement to implement the terminated portion of the Funded Activity, but this Agreement shall remain in full force and effect as to the portion of the Funded Activity not terminated.

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[If the Recipient is not a public agency]

C-1. The Recipient shall be responsible for the preparation of all documentation, analysis and other work including any mitigation, necessary to comply with the California Environmental Quality Act (CEQA) in connection with the Funded Activity. Environmental documentation prepared in connection with the Funded Activity will be subject to the review and analysis of the District. Any decisions based on the documentation prepared by the Recipient will reflect the independent judgment of District. By entering into this Agreement, the District is not approving any activity that would be considered a project under CEQA and the Recipient acknowledges that the District will not disburse the SCW Program Contribution for any activities that meet the definition of a project under CEQA until the Recipient has prepared the documentation, analysis and other work necessary to comply with CEQA to the District's satisfaction.

C-2. In addition to its other indemnification obligations pursuant to this Agreement, the Recipient hereby agrees to indemnify, defend, and hold harmless District, the County of Los Angeles and their officers, employees, and agents from and against any and all claims and/or actions related to the Funded Activity that may be asserted by any third party or public agency alleging violations of CEQA or the CEQA Guidelines or the NEPA.

C-3. Notwithstanding any other provision of this Agreement, if any documentation or other analysis pursuant to CEQA discloses that the Funded Activity or any portion thereof will have one or more significant environmental impacts that cannot be feasibly mitigated, the District, after consultation with the Recipient, may terminate the SCW Program Contribution for all or any portion of the Funded Activity or may request that the Funded Activity be modified in order to avoid such environmental impact(s).

C-4. In the event that the District terminates the SCW Program Contribution for the entirety of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions and the Recipient shall thereafter have no further obligation under this Agreement to implement the Funded Activity. In the event the District terminates the SCW Program Contribution for a portion on of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions for the terminated portion of the Funded Activity and the Recipient shall thereafter have no further obligation under this Agreement to implement the terminated portion of the Funded Activity, but this Agreement shall remain in full force and effect as to the portion of the Funded Activity for which the SCW Program Contribution was not terminated.

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EXHIBIT D – ADDENDUM TO AGREEMENT

-DRAFT TEMPLATE- ADDENDUM NO. ___ TO

TRANSFER AGREEMENT NO. _______________ BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT

AND (INSERT PROJECT DEVELOPER) SAFE, CLEAN WATER PROGRAM – REGIONAL PROGRAM

This Addendum No. ___ to Transfer Agreement No. _______________, hereinafter referred to as “Addendum No. ___”, is entered into as of ____________________ by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and ___(Project Developer/Scientific Studies Applicant)____, hereinafter referred to as "Recipient."

WHEREAS, District and Recipient entered into Transfer Agreement No. _______________ , hereinafter referred to as "Agreement", pertaining generally to the transfer of a SCW Program Contribution (as therein defined) from District to Recipient for the implementation by Recipient of a Funded Activity (as therein defined) to increase stormwater and/or urban runoff capture and/or reduce stormwater and/or urban runoff pollution, on _______________;

WHEREAS, the Agreement provides for the disbursement of the SCW Program Contribution for the 2020-21 Fiscal Year (as therein defined), and further provides that if the Funded Activity is included in a duly approved Stormwater Investment Plan (as therein defined) for a subsequent Fiscal Year, the parties shall enter into an addendum to the Agreement regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year;

WHEREAS, the Funded Activity has been included in a duly approved Stormwater Investment Plan for Fiscal Year __________;

NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:

1. The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code together with the definitions set forth in the Agreement shall apply to this Addendum No. ___.

2. The District shall disburse the SCW Program Contribution for the __________ Fiscal Year as described in the Budget Plan within ___ days of the execution of this Addendum by the last party to sign.

3. All terms and conditions of the Agreement shall remain in full force and effect.

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IN WITNESS WHEREOF, this Addendum No. ___ has been executed by the parties hereto.

________(Recipient)_________:

By: ____________________________________

Name:

Title:

Date: __________________________________

LOS ANGELES COUNTY FLOOD CONTROL DISTRICT:

By: ____________________________________

Name:

Title:

Date: __________________________________

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EXHIBIT E – NATURE BASED SOLUTIONS (NBS) Best Management Practices Nature-based solutions (NBS) refers to the sustainable management and use of nature for undertaking socio-environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk management. As this environmental management practice is increasingly incorporated into projects for the SCW Program, this guidance document may be expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects. The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting, mulching; and, planting trees and vegetation, with preference for native species. NBS may also be designed to provide additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing parks and open space, and improving quality of life for surrounding communities. NBS include Projects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes. Recipients are to consider using Nature-Based Solutions for infrastructure projects and include in each Quarterly Progress/Expenditure Report and annual summary whether and how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Quarterly Progress/Expenditure Reports should include discussion on any considerations taken to maximize the class within each method. If at least 3 methods score within a single class, the overall project can be characterized as that class. Recipients must attach a copy of the matrix for each Project with the good, better, or best column indicated for each method, to facilitate District tracking of methods being utilized.

BEST

BETTER

GOOD

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METHODS GOOD BETTER BEST

Vegetation/Green Space

Use of climate-appropriate, eco-friendly vegetation (groundcover, shrubs, and trees) / green space 5%-15% covered by new climate-appropriate vegetation

Use of native, climate-appropriate, eco-friendly vegetation (groundcover, shrubs, and trees) / green space 16%-35% covered by new native vegetation

Establishment of plant communities with a diversity of native vegetation (groundcover, shrubs, and trees) / green space that is both native and climate-appropriate More than 35% covered by new native vegetation

Increase of Permeability

Installation of vegetated landscape – 25%-49% paved area removed Redesign of existing impermeable surfaces and/or installation of permeable surfaces (e.g. permeable pavement and infiltration trenches)

Installation of vegetated landscape – 50%-74% paved area removed Improvements of soil

health (e.g., compaction

reduction)

Installation of vegetated landscape – 75%-100% paved area removed Creation of well-connected and self-sustained natural landscapes with healthy soils, permeable surfaces, and appropriate vegetation

Protection of Undeveloped Mountains & Floodplains

● Preservation of native vegetation

● Minimal negative impact to existing drainage system

● Preservation of native vegetation

● Installation of new feature(s) to improve existing drainage system

● Creation of open green space

● Installation of features to improve natural hydrology

Creation & Restoration of

Riparian Habitat & Wetlands

Partial restoration of

existing riparian habitat and wetlands

Planting of climate

appropriate vegetation - between 5 and 15 different climate-appropriate or native plant species newly planted

No potable water used

to sustain the wetland

● Full restoration of existing riparian habitat and wetlands

● Planting of native vegetation - between 16 and 30 different native plant species newly planted

● No potable water used to sustain the wetland

● Full restoration and expansion of existing riparian habitat and wetlands

● Planting of plant communities with a diversity of native vegetation – greater than 31 native plant species newly planted

● No potable water used to sustain the wetland

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New Landscape Elements

Elements designed to capture runoff for other simple usage (e.g. rain gardens and cisterns), capturing the 85th percentile 24-hour storm event for at least 50% of the entire parcel

Elements that design to capture/redirect runoff and filter pollution (e.g. bioswales and parkway basins), capturing the 85th percentile 24-hour storm event from the entire parcel

Large sized elements that capture and treat runoff to supplement or replace existing water systems (e.g. wetlands, daylighting streams, groundwater infiltration, floodplain reclamation), capturing the 90th percentile 24-hour storm event from the entire parcel and/or capturing off-site runoff

Enhancement of Soil

Use of soil amendments such as mulch and compost to retain moisture in the soil and prevent erosion Planting of new climate-appropriate vegetation to enhance soil organic matter

Use of soil amendments such as mulch and compost that are locally generated to retain moisture in the soil, prevent erosion, and support locally based composting and other soil enhancement activities Planting of new native, climate-appropriate vegetation to enhance soil organic matter

Use of soil amendments such as mulch and compost that are locally generated, especially use of next-generation design with regenerative adsorbents (e.g. woodchips, biochar) to retain moisture in the soil, prevent erosion, and support on-site composting and other soil enhancement activities

Planting of new native, climate appropriate vegetation to enhance soil organic matter

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EXHIBIT F – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Recipient or approved Project operator shall operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance. Operational maintenance is the care and upkeep of Projects that may require detailed technical knowledge of the Project’s function and design. Project specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and urban runoff benefits.

1. Litter Control

• Regularly removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways.

• Regularly inspection and maintenance of pet waste stations

• Maintaining trash receptacles

• Removal of trash, debris, and blockages from bioswales

• Inspection and cleaning of trash booms

• Inspection of weir gates and stop logs to clean debris, as required.

2. Vegetation Maintenance

• Weed control o Recognition and removal of weeds, such as perennial weeds,

morning glory, vine-type weeds, ragweed, and other underground spreading weeds.

o Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or shrubs)

o Regularly removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing stations, park shelters, and bicycle paths.

• Tree and shrubbery trimming and care o Removal of dead trees and elimination of diseased/damaged growth o Prevent encroachment of adjacent property and provide vertical

clearance o Inspect for dead or diseased plants regularly

• Wetland vegetation and landscape maintenance o Installation and maintenance of hydrophytic and emergent plants in

perennially wet and seasonal, intermittent habitats. o Draining and drawdown of wetland and excessive bulrush removal

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o Weed and nuisance plant control o Removal of aquatic vegetation (e.g. algae and primrose) using

appropriate watercraft and harvesting equipment o Wildflower and meadow maintenance o Grass, sedge, and yarrow management o Removal of unwanted hydroseed

3. Wildlife Management

• Exotic species control

• Provide habitat management; promote growth of plants at appropriate densities and promote habitat structure for animal species

• Protect sensitive animal species (e.g. protection during critical life stages including breeding and migration)

• Avoid disturbances to nesting birds

• Avoid spread of invasive aquatic species

4. Facility Inspection

• Inspect project sites for rodent and insect infestations on a regular basis

• Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs

• Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed granite pathways, and maintenance roads)

• Inspect shade structures for structural damage or defacement

• Inspect hardscapes

• Inspect and maintain interpretive and informational signs

• Inspect site furnishings (e.g. benches, hitching posts, bicycle racks)

• Maintain deck areas (e.g. benches, signs, decking surfaces)

• Visually inspect weirs and flap gates for damage; grease to prevent locking.

• Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates through full cycles to prevent them from locking up.

5. Irrigation System Management

• Ensuring automatic irrigation controllers are functioning properly and providing various plant species with proper amount of water.

o Cycle controller(s) through each station manually and automatically to determine if all facets are functioning properly.

o Inspection should be performed at least monthly. o Recover, replace, or refasten displaced or damaged valve box

covers. o Inspect and repair bubbler heads.

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o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion).

o Maintain drip system filters to prevent emitters from clogging. Inspection and cleaning should occur at least monthly.

o Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year.

o Maintain and check function of the drip system.

• Keeping irrigation control boxes clear of vegetation

• Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure

• Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant characteristics to promote a self-sustaining, irrigation free landscape

• Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At least four times a year (e.g. change of season), reschedule controller systems.

• Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high enough moisture content.

• Use moisture sensing devices to determine water penetration in soil.

6. Erosion Management and Control

• Inspect slopes for erosion during each maintenance activity

• Inspect basins for erosion

• Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank protection, and replanting exposed soil.

7. Ongoing Monitoring Activities

• Monitor controllable intake water flow and water elevation

• Examine inflow and outflow structures to ensure devices are functioning properly and are free of obstructions.

• Water quality sampling (quarterly, unless justified otherwise)

• Checking telemetry equipment

• Tracking and reporting inspection and maintenance records

8. Vector and Nuisance Insect Control

• Monitoring for the presence of vector and nuisance insect species

• Adequate pretreatment of influent wastewater to lessen production of larval mosquitos

• Managing emergent vegetation

• Using hydraulic control structures to rapidly dewater emergent marsh areas

• Managing flow velocities to reduce propagation of vectors

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ATTACHMENT 4

PROJECT SITE LAYOUT