Item 4 - Approval of Agmt with AARC Consultants, LLC for Risk & Resilience Assessment & Emergency Response Plan; RFP No. 21-009DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
October 6, 2020
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works
CITY COUNCIL
Troy DePriest, Assistant Director of Public Works for Utilities�
(858)668-4750 or tdepriest@poway.org
Approval of Agreement with AARC Consultants, LLC for Preparation of the Risk
and Resilience Assessment and Emergency Response Plan, RFP No. 21-009
A notice inviting proposals for the Risk and Resilience Assessment (RRA) and Update to the Water
System Emergency Response Plan (ERP) was duly advertised on August 20, 2020. Two proposals were
received on September 8, 2020. AARC Consultants, LLC has been selected as the firm that best meets
the evaluation criteria and suits the needs of the City of Poway (City) to complete the RRA and ERP.
The total cost of the Agreement is not-to-exceed $102,560 and is effective from the period
commencing October 12, 2020, through April 12, 2022. The Agreement may be extended for up to
two (2) additional one-year extensions, subject to Council appropriations. Agreement extensions may
be necessary if the EPA requests any changes to the submitted RRA and ERP. The maximum length
of the Agreement would be up to three years and six months.
Recommended Action:
It is recommended that the City Council award the Agreement for the RRA and ERP, to AARC
Consultants, LLC for a not-to-exceed amount of $102,560, appropriate $42,560 from the Water Fund
5100, and authorize the City Manager to execute the necessary documents.
Discussion:
Background
On June 12, 2002, the Public Health Security and Bioterrorism Preparedness and Response Act of 2002
(BPRA) was signed into law. The BPRA was in response to the September 11, 2001 terrorist attacks
and the subsequent deliberate anthrax attacks in fall of 2001, which strained the public health system
and raised concern that the nation was insufficiently prepared to respond to bioterrorist attacks. The
BPRA was intended to bolster the nation's ability to respond effectively to bioterrorist threats and
other public health emergencies.
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To protect the drinking water supply, the BPRA required community water systems to conduct
Vulnerability Assessments and develop Emergency Response Plans aimed at protecting drinking water
supplies. The City followed the Environmental Protection Agency (EPA) guidance and submitted a
completed Vulnerability Assessment and Emergency Response Plan to the EPA. As these assessments
and plans are more than 15 years old and outdated, the EPA's record management policy can retire
these certifications and assessments.
Discussion
Expanding upon the requirements of the BPRA, the America's Water Infrastructure Act (AWIA) was
signed into federal law on October 23, 2018. AWIA Section 2013 requires community (drinking) water
systems serving more than 3,300 people to develop or update RRAs and ERPs. The law specifies the
components that the RRAs and ERPs must address and establishes deadlines by which water systems
must certify to the EPA upon completion of the documents. The City's deadline is June 30, 2021 for
the RRA and December 31, 2021 for the ERP. This reporting is an unfunded mandate by the Federal
Government for water suppliers nationwide and is required to be updated every five years henceforth.
Section 1433(a) of the Safe Drinking Water Act as amended by section 2013 of the AWIA outlines the
requirements for the RRA as follows:
•Risk to the system from malevolent acts and natural hazards;
•Resilience of the pipes and constructed conveyances, physical barriers, source water, water
collection and intake, pretreatment, treatment, storage and distribution facilities, electronic,
computer or other automated systems (including the security of such systems) which are
utilized by the system;
•The financial infrastructure of the system;
•The use, storage, or handling of various chemicals by the system; and
•The operation and maintenance of the system.
No later than six months after certifying completion of the RRA, the City must revise its ERP to
incorporate the findings of the RRA. The ERP is required to include:
•Strategies and resources to improve the resilience of the water system, including the physical
security and cybersecurity of the system;
•Plans and procedures that can be implemented, and identification of equipment that can be
utilized in the event of a malevolent act or natural hazard that threatens the ability of Poway's
water system to deliver safe drinking water;•Actions, procedures and equipment which can obviate or significantly lessen the impact of a
malevolent act or natural hazard on the public health and safety and supply of drinking water
provided to Poway customers and individuals, including the development of alternative
source water options, relocation of water intakes and construction of flood protection
barriers; and
•Strategies that can be used to aid in the detection of malevolent acts or natural hazards that
threaten the security or resilience of the system.
Once the RRA and ERP are completed, a certification of completion will be sent to the EPA by the
scheduled deadlines.
In order to select and retain a qualified consultant to support the preparation of both the RRA and
ERP, and meet EPA requirements and timeline, City staff prepared a detailed Request for Proposals
(RFP). The RFP was advertised on August 20, 2020. The City received two proposals on September 8,
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2020. An evaluation committee reviewed the proposals based on criteria set forth in the RFP, which
included thoroughness of the RFP, firm and project team qualifications, project understanding, project
experience and cost. The table below shows the not-to-exceed amounts from the responsive
proposers:
Table 1: RFP 21-009, Risk and Resilience Assessment and Emergency Response Plan
Responsive Proposers
Launch! Consulting, Inc Charlottesville, VA $118,220
As a result of the proposal evaluation, the committee determined that AARC Consultants, LLC provided
the most comprehensive and best-value proposal, had a clear understanding of requirements, and
precisely defined the approach and methodology to achieve compliance with the AWIA requirements.
With a local office in Escondido, AARC Consultants, LLC has been in business for 26 years and has
extensive experience preparing RRAs and ERPs.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The total cost of the Risk and Resilience Assessment and Update to the Water System Emergency
Response Plan is $102,560. Funds of $60,000 are available in the Water Supply, Treatment and
Storage Division's Fiscal Year 2020-21 budget (402060-17200) for this work. Staff is requesting to
appropriate the remaining $42,560 from the 5100 Water Fund and award the Agreement to AARC
Consultants, LLC. Sufficient funds are available for this request.
Public Notification:
None.
Attachments:
A.Agreement with AARC Consultants, LLC
Reviewed/Approved By:
w; Kaserman
Assistant City Manager
3 of 20
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
October 6, 2020, Item #4
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 12th day of October, 2020, by and between the
CITY OF POWAY (hereinafter referred to as "City") and AARC Consultants, LLC (hereinafter
referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform a risk
and resilience assessment and emergency response plan update for the City’s water system
(Project);
WHEREAS, Consultant is a certified environmental engineering, industrial hygiene, and
hazardous materials consultant and has represented that Consultant possesses the necessary
qualifications to provide such services;
WHEREAS, City has authorized the preparation of an agreement to retain the services of
Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN
CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1.Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
2.Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled
"Special Provisions" attached hereto and made a part hereof.
3.Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
4.Termination.
This Agreement may be terminated with or without cause by City. Termination
without cause shall be effective only upon 60-day written notice to Consultant. During said 60-
day period Consultant shall perform all consulting services in accordance with this Agreement.
This Agreement may be terminated by City for cause in the event of a material breach of this
Agreement, misrepresentation by Consultant in connection with the formation of this Agreement
or the performance of services, or the failure to perform services as directed by City. Termination
for cause shall be effected by delivery of written notice of termination to Consultant. Such
termination shall be effective upon delivery of said notice.
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5.Confidential Relationship.
City may from time to time communicate to Consultant certain information to
enable Consultant to effectively perform the services. Consultant shall treat all such information
as confidential, whether or not so identified, and shall not disclose any part thereof without the
prior written consent of the City. Consultant shall limit the use and circulation of such information,
even within its own organization, to the extent necessary to perform the services. The foregoing
obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has
been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant,
hereafter disclosed in publicly available sources of information; (iii) is now in the possession of
Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully
disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other
results of the services or the existence of the subject matter of this contract without the prior
written consent of the City. In its performance hereunder, Consultant shall comply with all legal
obligations it may now or hereafter have respecting the information or other property of any other
person, firm or corporation.
6.Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost
and expense.
7.Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person,
other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that
it has not paid or agreed to pay any company or person, other than a bona fide employee, any
fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or
resulting from the award or making of the Agreement. For breach of violation of this warranty,
City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct
from the Agreement price or consideration, or otherwise recover the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
8.Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents
prepared or obtained under the terms of this Agreement shall be the property of City and shall be
delivered to City by Consultant upon demand.
9.Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and
the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use
its official position to influence in any way any matter coming before the City in which the
Consultant has a financial interest as defined in Government Code Section 87103. Consultant
represents that it has no knowledge of any financial interests which would require it to disqualify
itself from any matter on which it might perform services for the City.
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“Consultant” means an individual who, pursuant to a contract with a state or local
agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application,
certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided
it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to
which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines
for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making
a governmental decision as defined in the Political Reform Act and/or
implementing regulations promulgated by the Fair Political Practices Commission,
or performs the same or substantially all the same duties for the City that would
otherwise be performed by an individual holding a position specified in the City’s
Conflict of Interest Code.
DISCLOSURE DETERMINATION:
1. Consultant/Contractor will not be “making a government decision” or
“serving in a staff capacity” as defined in Sections A and B above.
No disclosure required.
2. Consultant/Contractor will be “making a government decision” or “serving
in a staff capacity” as defined in Sections A and B above. As a result,
Consultant/Contractor shall be required to file a Statement of Economic Interest
with the City Clerk of the City of Poway in a timely manner as required by law.
_________________________________________________
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted,
except as otherwise specifically provided herein, or to which City, in its sole discretion, consents
to in advance thereof in writing. Any assignment or subcontracting in violation of this provision
shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets,
accounting records, and other evidence pertaining to costs incurred and shall make such
materials available at its office at all reasonable times during the contract period and for three (3)
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years from the date of final payment under this Agreement, for inspection by City and copies
thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent
contractor and shall not be an employee of the City of Poway. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement; however, City shall not have the right to control the means by which Consultant
accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits,
qualifications, and approvals of whatever nature that are legally required to practice its profession.
Consultant represents and warrants to City that Consultant shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or approval which
is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant’s
negligent performance of professional services, City and its respective elected and appointed
boards, officials, officers, agents, employees and volunteers (individually and collectively,
"Indemnitees") shall have no liability to Consultant or any other person for, and Consultant shall
indemnify, protect and hold harmless Indemnitees from and against, any and all liabilities, claims,
actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and
expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which
Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or
arising out of any injury to or death of any person(s), damage to property, loss of use of property,
economic loss or otherwise occurring as a result of Consultant's negligent performance under this
Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers,
directors, sub-consultants or employees.
(b) For Claims alleged to arise from Consultant’s negligent performance of
professional services, Indemnitees shall have no liability to Consultant or any other person for,
and Consultant shall indemnify and hold harmless Indemnitees from and against, any and all
Claims that Indemnitees may suffer or incur or to which Indemnitees may become subject by
reason of or arising out of any injury to or death of any person(s), damage to property, loss of use
of property, economic loss or otherwise to the extent occurring as a result of Consultant's
negligent performance of any professional services under this Agreement, or by the negligent or
willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or
employees, committed in performing any of professional services under this Agreement. For
Claims alleged to arise from Consultant’s professional services, Consultant’s defense obligation
to Indemnitees shall include only the reimbursement of reasonable defense costs and attorneys’
fees to the extent caused by Consultant’s negligence.
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(c)The foregoing obligations of Consultant shall not apply to the extent that the Claims
arise from the sole negligence or willful misconduct of City or its elected and appointed boards,
officials, officers, agents, employees and volunteers.
(d)In any and all Claims against City by any employees of the Consultant, anyone
directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification
obligation under this Section 15 shall not be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or for the Consultant under worker's
compensation acts, disability benefit acts or other employee benefit acts.
(e)Consultant shall, upon receipt of written notice of any Claim, promptly take all
action necessary to make a claim under any applicable insurance policy or policies Consultant is
carrying and maintaining; however, if Consultant fails to take such action as is necessary to make
a claim under any such insurance policy, Consultant shall reimburse City for any and all costs,
charges, expenses, damages and liabilities incurred by City in making any claim on behalf of
Consultant under any insurance policy or policies required pursuant to this Agreement.
(f)The obligations described in Section 15(a) through (e) above shall not be
construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which
would otherwise exist as to any party or person indemnified pursuant to this Section 15.
(g)The rights and obligations of the parties described in this Section 15 shall survive
the termination of this Agreement.
16.Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any Indemnitee and not
covered by insurance maintained, or required by this Agreement to be maintained, by Consultant:
(a) Consultant hereby assumes the risk of any and all injury and damage to the personnel
(including death) and property of Consultant that occurs in the course of, or in connection with,
the performance of Consultant’s obligations under this Agreement, including but not limited to
Consultant’s Scope of Services; and (b) it is hereby agreed that the Indemnitees are not to be
liable for injury or damage which may be sustained by the person, goods or property of Consultant
or its employees in connection with Consultant’s performance its obligations under this
Agreement, including but not limited to Consultant’s Scope of Services.
17.Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority,
expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant
shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any
obligation whatsoever.
18.Personnel.
Consultant shall assign qualified and certified personnel to perform requested
services. The City shall have the right to review and disapprove personnel for assignment to
Poway projects.
City shall have the unrestricted right to order the removal of any person(s)
assigned by Consultant by giving oral or written notice to Consultant to such effect.
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Consultant's personnel shall at all times comply with City's drug and alcohol
policies then in effect.
19.Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions"
attached hereto and made a part hereof.
20.Governing Law, Forum Selection and Attorneys’ Fees.
This Agreement shall be governed by, and construed in accordance with, the laws
of the State of California. Each party to this Agreement consents to personal jurisdiction in San
Diego County, California, and hereby authorizes and accepts service of process sufficient for
personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for
giving notice as set forth in Exhibit “A” hereto. Any action to enforce or interpret the terms or
conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central
Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant
hereby waives any right to remove any such action from San Diego County as is otherwise
permitted by California Code of Civil Procedure section 394. The prevailing party in any such
action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including
its expert fees, attorneys’ fees, courts costs, arbitration costs, and any other fees.
Notwithstanding the foregoing, in the event that the subject of such an action is compensation
claimed by Consultant in the event of termination, Consultant's damages shall be limited to
compensation for the 60-day period for which Consultant would have been entitled to receive
compensation if terminated without cause, and neither party shall be entitled to recover their
litigation expenses.
21.Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean
the individual or corporate consultant and any and all employees of consultant providing services
hereunder.
22.Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute one and the
same instrument. Documents delivered by telephonic facsimile transmission shall be valid and
binding.
23.Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and
City relating to the terms and conditions of the services to be performed by Consultant. No
agreements, representations or promises made by either party, whether oral or in writing, shall
be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24.Certification and Indemnification Regarding Public Employees’
Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor
are not current members of the California Public Employees’ Retirement System (CalPERS) and
shall not become members of CalPERS while providing services to City.
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Contractor further provides that in the event Contractor assigns a retired annuitant
receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in
full compliance with Government Code section 7522.56. A copy of Government Code section
7522.56 is attached hereto as Exhibit “B.”
Further, Contractor hereby fully and unconditionally indemnifies City from all
penalties, fees, employer and employee contributions, or any other assessments imposed by
CalPERS in the event CalPERS determines the person assigned by Contractor to provide
services to City has been misclassified.
25.Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or
arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be
construed as though more narrowly drawn, if a narrower construction would avoid such invalidity,
illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such
invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this
Agreement shall remain in effect.
(Remainder of page intentionally left blank)
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the
date first above written.
CITY OF POWAY AARC Consultants, LLC
By: _________________________ By: _______________________________
Chris Hazeltine, City Manager Name, Title
Date: ______________________ Date: ____________________________
ATTEST:
Vaida Pavolas, CMC, City Clerk
APPROVED AS TO FORM:
By: _________________________________
Alan Fenstermacher, City Attorney
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"SPECIAL PROVISIONS"
EXHIBIT "A"
A.Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall
consist of the Risk and Resilience Assessment and Emergency Response Plan Update further
described in the Scope of Services submitted with the proposals dated September 8, 2020, which
is included in this document as Attachment 1, and incorporated by reference, as if its contents
were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform
the services.
B.Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted
with the proposals dated September 8, 2020 , which are included in this document as Attachment
2. Total fee is not to exceed $102,560. Consultant's fee shall include and Consultant shall be
responsible for the payment of all federal, state, and local taxes of any kind which are attributable
to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable
expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in
performance of the services. Consultant shall bill City for such expenses as incurred, referencing
this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess
of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within
ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates.
Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall
receive prior authorization for air travel and lodging expenses. All other expenses shall be
reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C.Term of Agreement.
This Agreement shall be effective from the period commencing October 12, 2020
and ending April 12, 2022, unless sooner terminated by City as provided in the section of this
Agreement entitled "Termination." This Agreement may be extended for up to two (2) additional
one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration
or termination of this Agreement, Consultant shall return to City any and all equipment, documents
or materials and all copies made thereof which Consultant received from City or produced for City
for the purposes of this Agreement.
D.Consultant's Insurance.
1.Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of
the following insurance coverages:
(a)Comprehensive General Liability, including premises-operations,
products/completed, broad form property damage, and blanket contractual liability with the
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following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined
each occurrence and $2,000,000 aggregate.
(b)Automobile Liability, including owned, hired, and non-owned
vehicles: $1,000,000 combined single limit.
(c)Consultant shall obtain and maintain, during the life of the
Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of
not less than $1,000,000 combined single limits, per claim and annual aggregate.
(d)Workers' Compensation insurance in statutory amount. All of the
endorsements which are required above shall be obtained for the policy of Workers'
Compensation insurance.
2.Endorsements:
Endorsements shall be obtained so that each policy contains the following
three provisions:
(a)Additional Insured. (Not required for Professional Errors and
Omissions Liability Insurance or Workers' Compensation.)
"City of Poway and its elected and appointed boards, officers, agents, and
employees are additional insureds with respect to this subject project and contract with City."
(b)Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30)
days after written notice is given to City."
(c)Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed
boards, officers, agents, and employees. It is not secondary or in any way subordinate to any
other insurance or coverage maintained by City."
3.Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance
coverages described in the paragraphs above, in a form and content approved by City, prior to
beginning work under this Agreement.
E.Notices.
All notices, billings and payments hereunder shall be in writing and sent to the
following addresses:
To City: City of Poway
P.O. Box 789
Poway, CA 92074
To Consultant: AARC Consultants
500 La Terraza Blvd. Ste. 150
Escondido, CA 92025
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ATTACHMENT 1
SCOPE OF SERVICES
The Scope of Work for the project is outlined in the following paragraphs. The Consulting firm is encouraged to further define the tasks and/or propose modifications
to the tasks that will enhance the project. The final Scope of Work will be
determined during negotiations with the successful Consultant.
Project Background: In 2018, America's Water Infrastructure Act (AWIA) was signed
into law. This law requires community water systems serving more than 3,300 people
to develop or update risk assessments and emergency response plans. One of
the operational requirements for a public water system is to "provide a reliable and adequate supply of pure, wholesome, healthful and potable water" (CA Health & Safety Code, Section 116555). Emergency Response Planning for terrorist activities,
natural disasters, and events caused by human intervention is an essential part of
ensuring customers receive a reliable and adequate supply of potable water.
The City has a population of just under 50,000 and provides potable water to over
14,000 connections and is required to submit self-certification to the U.S. Environmental Protection Agency (USEPA) showing compliance with each portion of the federal mandate by the following dates:
Population Served Risk and Resilience Emergency Response
Assessment Plan*
3,301-49,999 June 30, 2021 December 31, 2021
*Emergency response plan certifications are due six months from the date of the risk
assessment certification.
The following are general descriptions of the major work tasks:
Task 1: Preliminary Review and Project Kick-off
Upon receipt of Notice to Proceed, the Consultant shall submit a list of data needs to the City.
The Consultant shall conduct a kick-off meeting at the beginning of the project to introduce the project team, confirm the project objectives and present the scope of
work, budget, schedule and communications plan to the City staff. The meeting may also be used as an information gathering session with City Staff to identify data gaps.
Task 2: Conduct Risk and Resilience Assessment (RRA)
Following the guidelines given in Section 2013 of the America's Water Infrastructure
Act, the Consultant shall prepare and complete the drinking water system Risk and
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ATTACHMENT 1
Resilience Assessment. The assessment shall include, but not be limited to, the
following: •the risk to the system from malevolent acts and natural hazards;•the resilience of the pipes and constructed conveyances, physical barriers,source water, water collection and intake, pretreatment, treatment, storage and
distribution facilities, electronic, computer, or other automated systems
(including the security of such systems) which are utilized by the system;•the monitoring practices of the system;
•the financial infrastructure of the system;•the use, storage, or handling of various chemicals by the system; and•the operation and maintenance of the system.
Prepare required certification to be sent to the EPA verifying that the City has
conducted an assessment encompassing the requirement of the RRA.
Task 3: Update the City's Emergency Response Plan (ERP)
Develop/update an Emergency Response Plan, which incorporates finding from
Task 2 above. For the ERP, the selected Consultant is required to develop strategies, recommendations, and actions the City can use to improve water system resiliency to lessen the impacts on public health, and the safety and supply of drinking water,
from natural hazards or malevolent acts. This update must be in accordance with
AWIA.
The ERP shall include, but is not limited to, the following: •strategies and resources to improve the resilience of the system, including the
physical security and cybersecurity of the system;•plans and procedures that can be implemented, and identification of equipment
that can be utilized, in the event of a malevolent act or natural hazard that
threatens the ability of the community water system to deliver safe drinkingwater;•actions, procedures and equipment which can obviate or significantly lessen
the impact of a malevolent act or natural hazard on the public health and the
safety and supply of drinking water provided to communities and individuals,
including the development of alternative source water options, relocation ofwater intakes and construction of flood protection barriers; and•strategies that can be used to aid in the detection of malevolent acts or natural
hazards that threaten the security or resilience of the system.
Task 4: Emergency Response Training
The training would include the following:
a.Emergency Response Plan reviewb.Emergency Preparedness
c.Communication Procedures
d.One tabletop exercise/drill of a disaster scenario
1215 of 20 October 6, 2020, Item #4
ATTACHMENT 1
Additional Services
Provide additional services on an as-needed basis, under direction of the City's
Utilities Administrator. Additional services may include any additional work not
identified in this Scope of Work that would be necessary or of benefit to the completion of this project.
[Remainder of Page Left Blank Intentionally]
1316 of 20 October 6, 2020, Item #4
$102,5609/15/2020Principal ScientistProject ManagerAssistant Project ManagerSenior Cybersecurity AnalystSenior Emergency Response AdvisorLead Physical Security AnalystAdministrativeSubtotal TasksBilling Rate $/hour $225 $190 $160 $190 $190 $160 $85Kickoff Meeting3 111$1,080Project Management3 16 2$4,035Data Collection and Review8 888$5,600Preliminary List of Critical Assets2$380Expenses$300Subtotal3 29 11 9090 $11,395Task 2 Conduct Risk and Resilience AssessmentAsset Inspections8 88$4,320Staff Interviews/Workshops12 12 810$7,320J-100 Analysis2 4 16 4$4,530Develop Draft RRA3 14 16 816 12 $10,995Review Meeting and Presentation1 6$1,365Review and Respond to Comments on Draft RRA2 10 622$4,010Develop Final RRA3 12 10 24 12 $6,595Travel and Other Expenses$1,200Subtotal11 66 68 32032 24 $40,335Project Management3 14 2$3,655Data Collection and Review4 616$4,280Net Benefit Analysis for Risk Reduction Measures3 6 12 621 $5,280Interviews and Tabletop Exercise12 412$4,840Meetings and Planning Workshop1212$4,200Develop Draft ERP3 30 430 12 $12,835Review Meeting and Presentation14$985Review and Respond to Comments on Draft ERP1 12 310$4,585Develop Final ERP2 12 612 12 $6,630Travel and Other Expenses$900Subtotal13 106 37 6094 25 $48,190Task 4 TrainingPerform Training - ERP Review, Preparedness, and Communications1122 $2,640Travel and Other Expenses$0Subtotal0 1 001202 $2,640Total Labor Hours / Cost: 590 27 202 116 47 12 135 51 $100,160$102,560billing rates$225 $190 $160 $190 $190 $160 $85total hours27 202 116 47 12 135 51Labor cost$6,075 $38,380 $18,560 $8,930 $2,280 $21,600 $4,335 $100,160TOTAL COSTCity of Poway CA Revised Cost - AWIA RRA and ERPAARC Consultants Detailed Fee Proposal CalculationPhase 3 Emergency Response PlanTask 1 Communication and Coordination with CityAARC ConsultantsATTACHMENT 2
17 of 20 October 6, 2020, Item #4
1
EXHIBIT “B”
Cal Gov Code § 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular
Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated > GOVERNMENT CODE > Title 1 General > Division 7
Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public
Employees' Pension Reform Act of 2013
7522.56. Provisions applicable to person receiving pension benefit from public
retirement system; Section supersedes conflicting provisions
(a)This section shall apply to any person who is receiving a pension benefit from a public
retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract
directly by, a public employer in the same public retirement system from which the retiree
receives the benefit without reinstatement from retirement, except as permitted by this
section.
(c) A person who retires from a public employer may serve without reinstatement from
retirement or loss or interruption of benefits provided by the retirement system upon
appointment by the appointing power of a public employer either during an emergency to
prevent stoppage of public business or because the retired person has skills needed to
perform work of limited duration.
(d)Appointments of the person authorized under this section shall not exceed a total for all
employers in that public retirement system of 960 hours or other equivalent limit, in a
calendar or fiscal year, depending on the administrator of the system. The rate of pay for the
employment shall not be less than the minimum, nor exceed the maximum, paid by the
employer to other employees performing comparable duties, divided by 173.333 to equal an
hourly rate. A retired person whose employment without reinstatement is authorized by this
section shall acquire no service credit or retirement rights under this section with respect to
the employment unless he or she reinstates from retirement.
(e)
(1)Notwithstanding subdivision (c), any retired person shall not be eligible to serve
or be employed by a public employer if, during the 12-month period prior to an
appointment described in this section, the retired person received any unemployment
insurance compensation arising out of prior employment subject to this section with
18 of 20 October 6, 2020, Item #4
§
Cal Gov Code § 7522.56
2
a public employer. A retiree shall certify in writing to the employer upon accepting
an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment
insurance compensation as described in this subdivision shall terminate that
employment on the last day of the current pay period and shall not be eligible for
reappointment subject to this section for a period of 12 months following the last day
of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period
of 180 days following the date of retirement unless he or she meets one of the following
conditions:
(1)The employer certifies the nature of the employment and that the appointment is
necessary to fill a critically needed position before 180 days have passed and the
appointment has been approved by the governing body of the employer in a public
meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state
employer certifies the nature of the employment and that the appointment is
necessary to fill a critically needed state employment position before 180 days
have passed and the appointment has been approved by the Department of
Human Resources. The department may establish a process to delegate
appointing authority to individual state agencies, but shall audit the process to
determine if abuses of the system occur. If necessary, the department may assume
an agency's appointing authority for retired workers and may charge the
department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly
Rules Committee certifies the nature of the employment and that the
appointment is necessary to fill a critically needed position before 180 days have
passed and approves the appointment in a public meeting. The appointment may
not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the California
State University certifies the nature of the employment and that the appointment is
necessary to fill a critically needed position before 180 days have passed and
approves the appointment in a public meeting. The appointment may not be placed
on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program
pursuant to a collective bargaining agreement with the California State University
that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or
functions regularly performed by a public safety officer or firefighter.
19 of 20 October 6, 2020, Item #4
Cal Gov Code § 7522.56
3
(g)A retired person who accepted a retirement incentive upon retirement shall not be eligible
to be employed pursuant to this section for a period of 180 days following the date of
retirement and subdivision (f) shall not apply.
(h)This section shall not apply to a person who is retired from the State Teachers'
Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the
Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon
retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to
work in the converted position, and the employer is a trial court, or (2) a retiree of the
Judges' Retirement System or the Judges' Retirement System Il who is assigned to serve in a
court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528
§ 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
Note—
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2)
"or firefighter hired to perform a function or functions regularly performed by a public safety
officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for
"Judges' Retirement System I" in subd (i).
20 of 20 October 6, 2020, Item #4