AGENDA REPORT. June 19, Meeting Date: Item Number: To: From:

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1 AGENDA REPORT Meeting Date: Item Number: To: From: Subject: June 19, 2018 E 1 6 Honorable Mayor & City Council Gil Borboa, Assistant Director of Public Works Daren Grilley, City Engineer Derek Nguyen, Project Manager APPROVAL OF AMENDMENT NO. 2 TO AN AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND CWE TO PROVIDE FEASIBILITY AND DESIGN TO DEVELOP GREEN STREETS FUNCTIONS AND WATER EFFICIENT LANDSCAPE MODEL ON BURTON WAY MEDIAN; AND APPROVAL OF A CHANGE PURCHASE ORDER IN THE AMOUNT OF $288,046 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $638,046 TO CWE CORPORATION FOR THE CORRESPONDING AGREEMENT Attachments: 1. Amendment No. 2 REC 0MM EN DATI ON Staff recommends that City Council move to approve Amendment No. 2 to an agreement between the City of Beverly Hills and CWE and approve a change purchase order in the amount of $288,046 for a total not-to-exceed amount of $638,046 to CWE for the corresponding agreement. INTRODUCTION The Green Streets and Water Efficient Landscape Design project on Burton Way is intended to serve as a pilot project to demonstrate the functions of green streets and water efficient landscape to the community. The Burton Way median was selected over the Sunset Boulevard median because it provided a more suitable location to maximize urban runoff due to a larger tributary drainage area. This factor was an important consideration for capturing the required urban runoff and reducing pollutants to the Ballona Creek. Additionally, it also provided an excellent location for the City to

2 Meeting Date: June 19, 2018 showcase green street design and water efficient landscape model while increasing public awareness of water quality and conservation. One of the strategies for stormwater compliance is the construction of green streets to prevent pollutants from reaching Ballona Creek. Green streets are structural improvements in urban transportation rights-of-way that capture, infiltrate or treat urban stormwater runoff. Green streets are typically bio-retention/biofiltration Best Management Practices (BMPs) which are often in the form of a bioswale next to the curb and gutter. A bioswale is a channeled depression or trench that receives rainwater runoff and has vegetation (such as grasses, flowering herbs or shrubs) and organic matter (such as mulch) to allow water infiltration and filter out pollutants. This report provides a summary of the additional engineering efforts require to complete the design of the Burton Way median to comply with stormwater regulations as well as the State mandates to comply with water conservation and water use efficiency issued by the Governor s Executive Order which prohibits the use of potable water on street medians such as Burton Way and Sunset Boulevard. BACKGROUND The City of Beverly Hills is a co-permittee of the 2012 Municipal Separate Storm Sewer System Permit (MS4 Permit). The MS4 Permit is a regional permit issued by the Los Angeles Regional Water Quality Control Board (LARWQCB) to enforce the requirements of the Federal Clean Water Act by regulating discharges of pollutants into the waters of the United States. The cities of Beverly Hills, Culver City, Inglewood, Los Angeles, Santa Monica, West Hollywood and unincorporated areas of Los Angeles County discharge stormwater runoff to Ballona Creek and are subject to the requirements of the MS4 permit. Since this is a regional issue, the agencies formed the Ballona Creek Watershed Management Group (BCWMG) and developed an Enhanced Watershed Management Program (EWMP) to comply with the requirements of the MS4 permit. The EWMP Plan is each agency s action-based approach (recipe ) to meet water quality standards for the Ballona Creek. One of the strategies identified in the EWMP is to implement Green Streets compliance measures to capture stormwater runoff from urbanized areas and reduce pollutant loadings in the watershed. City staff presented the EWMP Plan to the Public Works Commission on May 11, 2015, and the EWMP plan was approved by City Council on June 16, Based on the EWMP, under the Green Streets category for compliance measures, the City is required to capture 39 acre-feet of stormwater runoff for every storm event in order to achieve water quality standards. On June 16, 2015, City Council also adopted the Green Streets Policy. The Policy requires that the City, to the maximum extent applicable, implement green streets BMPs such as permeable pavement or vegetated bioswales to any new development and/or redevelopment of streets and roadways projects. On June 21, 2016, City Council awarded a consulting contract to CWE Corporation to provide a feasibility assessment and engineering design for the Burton Way median. On August 23, 2017, the City approved a no cost Amendment No. I to CWE to develop design alternatives for further analysis. This report provides the project background and clarifies additional efforts required for CWE to provide final design plans, specifications and cost estimates to complete the civil design of the median suitable for public bidding and construction to comply with stormwater regulations previously approved by the MS4 Page 2 of 5 06/19/2018

3 Meeting Date: June 19, 2018 permit and was subsequently adopted by the City. The Burton Way median project is also necessary for the City to comply with State mandates for water conservation and water use efficiency which prohibits watering street medians (such as Burton Way and Sunset Boulevard) with potable water as required by the Governor s Executive Order B Making Water Conservation a California Way of Life. DISCUSSION In March 2016, the City issued a Request for Proposals to provide consulting services to assess the feasibility of developing and implementing green streets improvements and water efficient landscape models in the Burton Way median. Staff from Public Works and Community Services evaluated the proposals and recommended an award to CWE Corporation (CWE) as the consulting firm for the project. On June 21, 2016, City Council awarded the consulting contract to CWE in the amount of $325,083 with a contingency of $24,917 for a total purchase order of $350,000. CWE has completed the feasibility assessment which included geotechnical and hydrological analyses, site survey, utility research and infiltration and groundwater recharge assessment and has developed preliminary design concepts for this project. On August 23, 2017, the Public Works Department issued a no cost Amendment No. 1 to the agreement with CWE to develop additional civil design alternatives. Upon careful review of the additional design alternatives, staff from Risk Management, Transportation Planning, Public Works and Community Services recommended that the Burton Way Median project be designed to provide the maximum capacity to capture runoff from the surrounding areas in the interest of economies of scale, upgrade existing concrete ramps to ADA standards including a pedestrian refuge island at the Rexford/Burton Way intersection with access onto the ground-cover patches to view existing art pieces on the median as recommended by the Fine Art Commission. The new concept requires a design of two 15-ft. wide bioswales capable of infiltrating four acre-foot of captured storm water and a larger five acre-foot underground storage facility, which combined could capture a total of nine (9) acre-foot of stormwater per rain event. The new recommended concept requires additional engineering design for four diversion structures from four separate storm drain systems, resulting in more extensive engineering analysis for hydrology and hydraulics, public input support, project management and construction management support. The latest design includes the replacement of traditional turf with mediterranean and California native landscape that compliments the existing and future art pieces planned for Burton Way while reducing approximately 75% of water use. The design is intended to assist the City in meeting its stormwater regulations as well as addressing the long term goal of reducing water waste and using water more efficiently as mandated by the Governor s Executive Order B Making Water Conservation a California Way of Life. The table below provides the changes in the new design concept that require additional design and corresponding engineering efforts: Page 3 of 5 06/19/2018

4 Meeting Date: June 19, 2018 Description Prior New Concept Comparison Concept Captured Drainage Area 19 acres 248 acres 13,lx No. of Diversion Structures 1 4 4x Bioswales (2) 1 0-ft wide 1 5-ft wide 1,5x Infiltration Capability 1 ac-ft. 4 ac-ft. 4x Underground Storage Facility 128 ac-ft. 5 ac-ft. 3,9x Total Stormwater Captured per Rain Event 2.28 ac-ft. 9-ac-ft. 3.9x $ $638,046 1,79x Estimated Construction Cost $3.13M $ x As shown in the table above, the new design concept will capture stotmwater runoff from an area 13.1 times larger than the prior concept, resulting in an increase of 3.9x more capacity to capture and infiltrate stormwater than the previous design. However, the estimated cost increase construction is only 3.1 times thus benefiting the City from the economies of scale perspective by maximizing the project opportunity. The new design concept was presented to the Public Works Commission on April 18, 2018, and the Fine Art Commission on April 19, Both the Public Works Commission and the Fine Art Commission supported staff s recommendation to move forward with the new design concept. Staff also presented the new concept at two Community Meetings held on May 23, 2018, and June 11, 2018, at the Municipal Gallery and received support from those in attendance. If approved by City Council, the estimated project schedule for design, bidding and construction of the Burton Way median project are as follows: Design (Plans, Specifications & Cost Estimates) o July2Ol8 Jan2019 Bidding & Contract Award o Feb April 2019 (tentative) Construction (Phase I recommended) o May Dec 2019 (tentative) The estimated construction costs to implement the current design concept for Burton Way median are $3.OM for Phase I Construction and $6.9M for Phase II Construction. Staff recommends pursuing with the full design (Phase I & II) but only implement Phase I Construction to allow the City an opportunity to assess the project s effectiveness and to also seek external funding sources such as Federal and State grants as well as the County s potential stormwater initiative to assist with the remaining project funding. FISCAL IMPACT Funding for this project is included in the Fiscal Year 2018/19 Capital Improvement Program and are provided as follows: Page 4 of 5 06/19/2018

5 Meeting Date: June 19, 2018 Fund Dept. Program Project Funding Source Amount Stormwater $638,046 Enterprise Fund Page5of5 06/19/2018

6 Attachment 1

7 AMENDMENT NO. 2 TO AN AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND OWE TO PROVIDE FEASIBILITY AND DESIGN TO DEVELOP GREEN STREETS FUNCTIONS AND WATER EFFICIENT LANDSCAPE MODEL ON BURTON WAY MEDIAN NAME OF CONSULTANT: RESPONSIBLE PRINCIPAL OF CONSULTANT: OWE Vik Bapna, Principal CONSULTANT S ADDRESS: 1561 E. Orangethorpe Ave., Suite 240 Fullerton, CA CITY S ADDRESS: City of Beverly Hills 345 Foothill Road Beverly Hills, CA Attention: Director of Public Works COMMENCEMENT DATE: June 28, 2016 TERMINATION DATE: December 31, 2019, unless extended pursuant to Section 2 of this Agreement CONSIDERATION: Original Agreement: $325, Contingency: $24, Amendment No. 1: No Cost Agreement Amendment No. 2: $288, Total Not to Exceed: $638, B \ v1.doc 1

8 AMENDMENT NO. 2 TO AN AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND CWE TO PROVIDE FEASIBILITY AND DESIGN TO DEVELOP GREEN STREETS FUNCTIONS AND WATER EFFICIENT LANDSCAPE MODEL ON BURTON WAY MEDIAN This Amendment No. 2 is to that certain Agreement between the City of Beverly Hills (hereinafter called CITY ), and CWE (hereinafter called CONSULTANT ) dated June 21, 2016, and identified as Contract No , as amended by Amendment No. 1, dated December 29, 2017 and identified as Contract No (hereinafter called Agreement ). REC ITALS A. CITY and CONSULTANT entered into an Agreement to provide feasibility and design to develop green streets functions and water efficient landscape model on Burton Way median. B. CITY and CONSULTANT desire to amend the Agreement to increase the Consideration and include additional Scope of Work. NOW, THEREFORE, the parties agree as follows: Section 1. Section 2. The Consideration shall be amended as set forth on the cover page. Exhibit A, Scope of Work, shall be amended to include additional tasks as attached hereto and incorporated herein. Section 3. Exhibit B, Schedule of Payment, shall be amended as attached hereto and incorporated herein. Section 4. Except as specifically amended by this Amendment No. 2, the remaining provisions of the Agreement shall remain in full force and effect. B07$5-0001\ v1.doc -2-

9 EXECUTED the day of 2018, at Beverly Hills, California. CITY OF BEVERLY HILLS A Municipal Corporation JULIAN A. GOLD, MD Mayor of the City of Beverly Hills, California ATTEST: BYRON POPE City Clerk CONSULTANT: CWE VIK BAPNA, PE, CPWQ, QSD Chief Executive Offi er/cfo DIl Secretary IRA,, CPSW [Signatures continue] B07$5-000l\ vtdoc

10 APPROVED AS TO EQ : APPROVED AS TO CONTENT: LAURENCE S. WIENER City Attorney MAHDIJI City Man gør / / / L- 7,A1A EPSTEIN (jetorofpuiiqworks.. SHARON L HEUREUX DRESSEL Risk Manager B \ v1.doc -4-

11 EXHIBIT A ADDITIONAL SCOPE OF WORK CONSULTANT shall provide engineering design services to complete final Plans, Specifications and Cost Estimate (PS&E) for the new project concept including additional diversion structures, expanded underground storage facility, piping appurtenances, bioswales, traffic signal relocation, ADA curb ramps improvements, permit assistance and construction management support. Task 7: Additional Civil Design Alternatives o CONSULTANT shall evaluate four (4) alternatives for the south bioswale, each with two (2) options, each of which is identified below. Alternatives: 1. Two bioswales (north and south) for runoff capture from the local tributary drainage area. Under this alternative, the flows originally anticipated to enter the north bioswale would enter both the north and south bioswales. Flows from both bioswales will fill the subsurface storage system to support irrigation of the median. 2. Divert dry-weather runoff from the Rexford Channel and pump into south bioswale, which will be allowed to infiltrate runoff and capture runoff in subsurface storage system to support irrigation of the median. 3. Evaluate opportunities to capture runoff from the storm drain in Oakhurst Drive. A diversion from the existing storm drain would serve a similar function as was originally proposed with the diversion from the Maple Drive storm drain, except the storm drain on Oakhurst Drive does not convey permitted groundwater discharges. Diverted flows will be pumped to the south bioswale, allowed to infiltrate, and fill the subsurface storage system. 4. Extend the currently proposed six-inch Ductile Iron Pipe (DIP) that will convey non-potable water from the Cabrillo Reservoir to Beverly Garden. Non-potable water will fill the south bioswale, which infiltration, and fill the subsurface storage system. will support Options: A. Implement the originally proposed plant palette, which consists of Mediterranean and California Native plants. The landscape will not include trees and will cover the median in its entirety, with the exception of the bioswales (no trail). This option has a lower water use as compared to the following option. B. Implement turf within the median, consistent with what currently exists. This option has a higher water use as compared to the previous option. For each of the abovementioned alternatives, the subsurface storage system sizing will be similar to what was originally proposed, and will be based on what is necessary to support irrigation within the median year round or the 85th percentile, 24-hour storm event of the local drainage area, whichever is greater. If the volume required to support irrigation is less than v1.doc -5-

12 the 85th percentile event, then we will further discuss opportunities to infiltrate excess water to support the original water quality goals. It is anticipated that the tank required to support irrigation within the median will be less than what was originally proposed for some of the alternatives which supply a more consistent water source. Additionally, other components proposed in the original concepts and not included in the alternatives will remain as originally conceptualized, with the exception of the walking trail and trees, both of which will no longer exist as part of the Project. Technical Memorandum ( TM ) CONSULTANT shall prepare a TM summarizing our assessment of the abovementioned alternatives and options. The TM will include the following elements/analyses: General overview/introduction Project goals For each alternative/option combination (as applicable): Design description (components) Preliminary schematic Hydrologic assessment Tributary drainage area Capture volume potential Pros/cons Estimated water use for irrigation Bioswale/subsurface storage sizing Maintenance Cost Recommendations CONSULTANT shall submit the TM for the City to review and share internally. CONSULTANT anticipate that following the review of the TM, the CITY will have enough information to determine how to move forward with the final design. The TM will be provided within approximately four (4) weeks from receiving your approval to start work. Deliverable: One (1) Design Alternatives/Options TM in electronic (PDF) format. Task 8: Additional Renderings o CONSULTANT shall prepare up to six (6) photomontage renderings depicting three (3) landscape options as listed below. We understand the renderings will not include a walking path or trees. CONSULTANT also comprehend the CITY is interested in maintaining the existing feel through the implementation of low profile landscape. B07$5-0001\ v1 doc -6-

13 Mix of Mediterranean and native palettes, similar to original renderings, but without the walking path/trees (one rendering) Drought-tolerant turf (or equivalent) palette (one rendering) Variation of plant palettes on each of the four medians (up to four renderings) CONSULTANT shall develop a plant image board and cut sheets. This plant image board and cut sheets are helpful in viewing the entire palette. Additional/Modified TaskslSubtasks CONSULTANT shall provide complete design and construction management support for Phase I & II of the project, which includes the design of two I 5-ft. wide bioswales capable of infiltrating four acre-foot of captured storm water and a five acre-foot underground storage facility for a combined total capacity of nine (9) acre-foot of stormwater per rain event as shown on Exhibit A - Attachments 1-6 and Exhibit B Attachment 1 included herein. B \ v1.doc -7-

14 EXHIBITA ATTACHMENT 1 Storm Drain Burton Way MedLan : Area atybounda N v.1 B \ v1.doc $

15 EXHIBITA ATTACHMENT 2 Catch Basin (Es) * Storm Drain (Ex) Prop Piping []Landscape Treatment Dr rsion Structure Pretreatment Pump Well HBIoswale City Boundary Bioswales are 15 wide (unlined). Bioswain planting may need to be replaced in future phases when additional flows are anticipated, Max bioswale capacity is about 4 acre4eet (full build out). : ACwE B \ v1.doc 9

16 EXHIBIT A ATTACHMENT 3 Catch 6asin (Ex) Storm Drain (Ex) Prop Piping Landscape Treatment Diversion Structure Pretreatment j%)i Pump Wd i] Bioswale (Prevmus Phase) Storage System Storage system assumed to be 15 feet deep. Divermon, pretreatment, and pump configuration may change. Capacity approximatety 9 scra1eet (associated PAA volume) FeetF\ B P v1.doc 10

17 EXHIBIT A ATTACHMENT 4 Penderi.n / t1-d tora cnwd C /fon/a tit/e CcNcep I AH BE B \ v1.doc 11

18 EXHIBIT A ATTACHMENT 5 AHSE tfl(wvm1 trø Rn ftn C.n r.catea AH BE v.1 B I\ v1.doc 12

19 EXHIBIT A ATTACHMENT 6 AH BE B07$5-0001\ v1.doc 13

20 EXHIBIT B SCHEDULE OF PAYMENT AND RATES CITY shall compensate CONSULTANT for the satisfactory performance of the work described in this Agreement in a total amount not to exceed Six Hundred Thirty-Eight Thousand Forty-Six Dollars ($638,046.00) at the rates set forth in Attachment 1 to this Exhibit. Original $325, Contingency $24, Amendment No. I No Cost Amendment No. 2 $288, TOTAL $638, CONSULTANT shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days or receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. B \ v1.doc 14

21 Capture Infiltration EXHIBIT B ATTACHMENT 1 Additional Cost by Task/Subtask Task 1. Feasibility Assessments Task 1.1 Geotechnical Investigation Completed $0 Task 1.2 Hydrologic Analysis Completed $0 Task 1.3 and Use Feasibility Completed $0 Task 1.4 Shallow Groundwater Capture Feasibility Completed $0 Task 1.5 Feasibility Completed $0 Task 2 Burton Way Median Design Task 2.1 Utility Search Partially Completed (to be updated) $2,402 Task 2.2 Topographic Survey Completed additional necessary $0 Task 2.3 Conceptual Design Options Completed $0 Task % PS&E s (First Phase) $12,238 Not Started (to be updated) Task % PS&E s (Future Phase) $60557 Task % PS&E s (First Phase) $6,322 Not Started (to be updated) Task % PS&E s (Future Phase) $31655 Task % (Final) PS&E s (First Phase) $4,526 Not Started (to be updated) Task % (Final) PS&E s (Future Phase) $11,211 Task 2.7 Operation and Maintenance Manual (First Phase) Not Started (to be updated) $1,468 Task 2,8 Implementation and Construction Schedule (First Phase) Not Started (to be updated) $78 Task 2.8 Implementation and Construction Schedule (Future Phase) Not Started (to be updated) $853 Task 3 Public Input Process Partially Completed (to be updated) $6,565 Task 4 Project Management and Meetings Partially Completed (to be updated) $21,420 Task 5 Construction Management and Support Task 5.1 Construction Management and Engineering Support Not Started (to be updated) $3,205 Task 5.2 AsBuilt Drawings Not Started (to be updated) $2,670 Additional Tasks Approved and Completed Additional Civil Concepts Additional and completed $3,452 Additional Landscape Concepts, Renderings, and Plant Board Additional and completed $2,942 Additional Civil Alternatives (Phasing) Additional and completed $4,016 Additional Landscape Renderings Additional and completed $4,120 II Additional Tasks Weekly Status Updates Groundwater Bypass Alternatives (Future Phase) Additional $8,614 Topographic Survey Additional $7,742 Hydrology and Hydraulics Analysis (First Phase) Additional $12,908 Hydrology and Hydraulics Analysis (Future Phase) Additional $19,878 Permitting Assistance (First Phase) Additional $40,242 Permitting Assistance (Future Phase) Additional $15,036 Totak $288,046 v.1 B \ v1.doc 15