Item 1.12 - Approval of Consultant Agmt for Exposed Sewer East of Martincoit; Psomas, CIP SWR0005G`� { OF PO
City of Poway
COUNCIL AGENDA REPORT
C�pY
INo THEpeC��
APPROVED
❑
APPROVED AS AMENDED
❑
(SEE MINUTES)
Robert Manis, Director of Development Service#
�'
DENIED
❑
REMOVED
❑
CONTINUED
Approval of Consultant Agreement between the City of Poway and Psomas
RESOLUTION NO.
for Design Services for the Exposed Sewer East of Martincoit Project
DATE:
May 21, 2019
TO:
Honorable Mayor and Members of the City Council
FROM:
Robert Manis, Director of Development Service#
�'
CONTACT:
Brian Banzuelo, Associate Civil Engineer Ul
(858) 668-4623 or bbanzuelo@poway.org
SUBJECT:
Approval of Consultant Agreement between the City of Poway and Psomas
for Design Services for the Exposed Sewer East of Martincoit Project
(CIP SWR0005)
Summary:
This Consultant Agreement will provide design services for the Exposed Sewer East of Martincoit
Project.
Recommended Action:
It is recommended that the City Council authorize the City Manager to execute the Agreement
with Psomas for Design Services for the Exposed Sewer East of Martincoit Project per the outlined
terms of the Consultant Agreement (Attachment A).
Discussion:
An existing 8" sewer has been exposed underneath an existing creek, east of Martincoit Road.
The exposure was caused by stormwater erosion at the bottom of the creek.
On March 28, 2019, the Development Services Department put out a Request for Proposal (RFP
#19-023) for design services for the Exposed Sewer East of Martincoit Project and received three
proposals. The project scope includes the replacement of the exposed sewer. In addition, the
sewer shall be realigned and deepened to prevent additional creek erosion from exposing the
sewer in the future. After careful review of the proposals, staff determined that Psomas was highly
qualified and the best firm to perform the design work required.
Approval of this Agreement will provide professional design services for the Exposed Sewer East
of Martincoit Project. The scope of the services will be conducted in two stages. The first stage
includes performing a preliminary investigation that will consider a sewer alignment within new
sewer easements and the environmental limitations of the project from the adjacent creek
crossing the sewer line.
After determining the feasibility of the project, the consultant will complete the design and
construction documents which are anticipated to be finalized in approximately four (4) months.
The consultant will then assist City staff with construction administration tasks.
1 of 22 May 21, 2019, Item #1.12
Environmental Review:
The action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The consultant's fee will be based on the scope of work as outlined in the Agreement. The not -
to -exceed fee of $118,845 for design services will be the basis for this effort. There is
$300,000.00 currently available in the Exposed Sewer East of Martincoit Project (SWR0005).
Public Notification:
Psomas, 401 B Street, Suite 1600, San Diego, CA 92101
Attachments:
A. Consultant Agreement
Reviewed/Approved By: Reviewed By: Approved By:
Wendy7<aserman Alan Fenstermacher Ch is H ine
Assistant City Manager City Attorney City Manager
2 of 22 May 21, 2019, Item #1.12
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 22nd day of May, 2019, by and between the CITY
OF POWAY (hereinafter referred to as "City") and PSOMAS (hereinafter referred to as
"Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform design
services for the Exposed Sewer East of Martincoit (Project); and
WHEREAS, Consultant is an engineering consultant and has represented that Consultant
possesses the necessary qualifications to provide such services; and
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.
3 of 22 1 May 21, 2019, Item #1.12
Attachment A
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.
4 of 22 2 May 21, 2019, Item #1.12
"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.
Robert J. Manis, Director of Development Services
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)
5 of 22 3 May 21, 2019, Item #1.12
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.
16. 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.
6 of 22 4 May 21, 2019, Item #1.12
(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.
7 of 22 5 May 21, 2019, Item #1.12
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 (CaIPERS) and
shall not become members of CalPERS while providing services to City.
8 of 22 6 May 21, 2019, Item #1.12
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 CaIPERS 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)
9 of 22 7 May 21, 2019, Item #1.12
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the
date first above written.
CITY OF POWAY
la
Chris Hazeltine, City Manager
Date:
ATTEST:
Faviola Medina, City Clerk
APPROVED AS TO FORM:
in
Alan Fenstermacher, City Attorney
10 of 22 8
PSOMAS
Date:
Augustin E. Chang, Vice President
May 21, 2019, Item #1.12
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall
consist of the design services further described in the Scope of Services submitted with the
proposals on April 18, 2019 and revised on May 1, 2019 and 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 April 18, 2019, which are included in this document as Attachment 2.
Total fee is not to exceed $118,845. 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 commence and be effective as of May 22, 2019 ("Effective
Date"), and shall automatically terminate upon completion of the Project, as determined by the
City in its sole discretion, unless sooner terminated by City as provided in the section of this
Agreement entitled "Termination." Upon the 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.
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
following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined
each occurrence and $2,000,000 aggregate.
11 of 22 1 May 21, 2019, Item #1.12
(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 — Development Services
13325 Civic Center Drive
Poway, CA 92064
To Consultant: PSOMAS
401 B Street, Suite 160
San Diego, CA 92101
12 of 22 2 May 21, 2019, Item #1.12
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 I 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
13 of 22 May 21, 2019, Item #1.12
Cal Gov Code § 7522.56
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.
14 of 22 2 May 21, 2019, Item #1.12
Cal Gov Code § 7522.56
(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 January
1, 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)(1) 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).
15 of 22 3 May 21, 2019, Item #1.12
Attachment 1
PROJECT UNDERSTANDING
In the winter and spring of 2017, several severe rain events occurred which exposed an 8 -inch sewer main
that generally runs parallel with the creek behind homes east of Martincoit Road. The sewer line was installed
around 1980. According to the as -built drawings, due to erosion and migration of the creek bed, the sewer
alignment is now within the flowline of the creek. The exposed sewer is located between manholes #36
downstream and #37 upstream. To address this concern, the City commissioned a study to examine the
following elements:
■ Extent of the project
■ Assess the various alternatives including costs
■ Provide an analysis on permitting requirements
■ Perform a limited hydraulic study (LHS) for creek capacity
Psomas was selected to perform the study and is very familiar
with the study elements, limited creek hydraulics, permit
requirements and available options, including costs. The final
study was completed and electronically submitted to the City in
December 2018.
PROJECT APPROACH
Psomas proposes the same team of professionals who provided
services on the limited hydraulic study, with the addition of
Nova Services to provide geotechnical investigation. Psomas
partnered with Nova on the Martincoit Road Sewer Upsize
project and their Project Engineer is familiar with project site
and City requirements.
Our approach to the Sewer Line Repair/Replace project will be to realign and deepen the sewer to prevent any
future sewer line exposure. Psomas, with the City's input and feedback, developed a total of 4 options. Of the
options provided, the City selected Option 4 as a viable long-term solution with the least amount of impacts
and permitting challenges. Option 4 deepens and realigns the sewer using trenchless methods.
One of Psomas' goals will be to design the project to avoid environmental and jurisdictional impacts. As
mentioned in the scope below, ECORP is familiar with the site, having worked during the LHS phase, and will
be able to verify1f conditions have changed, which will be advantageous for this next phase of work ECORP
anticipates this project may be eligible for a California Environmental Quality Act (CEQA) Categorical
Exemption.
It is our understanding that new sewer easements will be needed, and the City has already begun discussions
with the affected homeowners.
MIII One of the initial analyses to be performed by Psomas will be to identify access alternatives to the site for
geotechnical and construction equipment. The sewer is located entirely on private property with limited
access. A thorough constructability review will be provided identifying the best locations for construction
equipment access along with impacts to private property, noise, safety, and other challenges associated with
M A S City of Poway I RFP #11023 Sewer Line Repair/Replace 16/17 e a of o
the work which is primarily located in a residential area. Potential feasible equipment access points are via
the existing sewer easement from Willow Run Road and via Jack Rabbit Road. Both locations will likely have
private property improvement impacts. In addition, special consideration should be given to the Painted
Rock Elementary School, which is located just a few hundred feet downstream of the exposed sewer. One
of the manholes (as -built #16), connecting to the exposed sewer pipe, is located within the fence line of
a homeowner/daycare provider. Special emphasis will be given to this property, assuring children are not
disrupted by the field investigations or construction operations.
SCOPE OF SERVICES
The following scope of services is based on a close review of the of the RFP, LHS, supporting documents,
and our project understanding. The scope lays out how the Psomas team will approach the project from
preliminary design investigation, through construction documents, and finally into the construction phase.
TASK 1 - PRELIMINARY DESIGN INVESTIGATION
Psomas has proven partnerships and experience working with the following firms:
W■ Nova Services, Inc. - Geotechnical investigation
■ ECORP Consulting, Inc. - Environmental and cultural consultants I
Nova Services, Inc. (Nova) brings experience working on the Martincoit Road Sewer Upsize project and is
W familiar with the challenges performing the field work on either side of the creek. Vehicle access to the north
side will be challenging due to tree growth and private property improvements. However, on the south side
Psomas believes there may be room for a vehicle with less impacts. It is anticipated that potentially one or two
trees will need to be removed on the south side. Psomas is excluding tree removal, property improvements
removal and coordination with residents, which Psomas will assess during this phase.
WNova will perform a field reconnaissance and will layout the exploratory borings that will take place.lhe
Psomas team proposes up to four engineering borings extending up to 5' below the proposed invert of the
pipe. Nova also has the capability to hand carry a "tripod" rig in order to complete the borings in case vehicle
access is restricted. In addition, coring can be accomplished should rock be encountered. Borings will be
permitted with San Diego County DEH as appropriate. It is assumed that soil cuttings will be dispersed on site
and will not be containerized.
Psomas has partnered with ECORP Consulting, Inc. (ECORP) for the environmental and cultural services
tasks. ECORP brings experience working not only with Psomas on the Limited Hydraulics Study (LHS)
project, but with the City as well. ECORP is well established and knowledgeable in the field of environmental
consulting and will provide the following:
-{� ■ ECORP anticipates that sensitive biological resources will not be present which will be verified by
conducting a brief site reconnaissance. During a site visit, vegetation communities and assumed
jurisdictional resources will also be documented.
■ ECORP will conduct a brief site visit to verify that cultural resources are not present on the surface of
the ground.
IN
M 1 P S M A S City of Poway I RFP #19-023 Sewer Line Repair/Replace 16/17 (Exp sed Sewer East of Martlncoit)
2
■ ECORP will conduct a record search from the South Coastal Information Center (SCIC) at San
L'_
Diego State University. The records search will provide information about previous cultural resources
Irm
144
investigations and previously recorded cultural resources within a 0.5 mile of the project area. Historical
�.
maps will also be consulted to help identify cultural resources from the historical period. ECORP will
request a search of the Sacred Lands File from the Native American Heritage Commission (NAHC) in
.,�,.
Sacramento, California.
■ ECORP will conduct a brief site visit to verify that cultural resources are not present on the surface of
the ground.
IN
M 1 P S M A S City of Poway I RFP #19-023 Sewer Line Repair/Replace 16/17 (Exp sed Sewer East of Martlncoit)
2
A brief memorandum will be prepared with anticipated environmental impacts (e.g., to flora and fauna),
anticipated jurisdictional resource impacts (e.g., waters of the U.S./State), and figures to depict biological and
jurisdictional resources, if any. This memo will also include a discussion of cultural resources. The information
in this memo could be used in support of a CEQA Categorical Exemption.
The memo that will be prepared will be supported by field work that investigates biological, cultural, and
jurisdictional resources. The Psomas team assumes there willbe no other field workor investigation to support
the categorical exemption.
Exclusions
■ Based on current knowledge of the planned project, ECORP Consulting, Inc. assumes technical studies
for noise and air will not be required.
■ ECORP Consulting, Inc, assumes no archaeological resources will need to be recorded during the
proposed construction.
■ ECORP Consulting, Inc. assumes no fossils will be recovered or recorded during this project.
Deliverable:
Electronic copies of anticipated environmental and jurisdictional resource impacts along with figures, and
geotechnical report.
TASK 2 - SCHEMATIC DESIGN SUBMITTAL
Psomas will perform a topographic survey of the site and surrounding neighborhood. The topographic will
include:
■ 1' interval contours
■ Roadway pavement and striping
■ Curb, gutter and back of walk
■ Utility features, valves and meters
■ Sewer and storm drain manholes .with rim and invert elevations
■ Structures (fences, pools, houses, hardscape)
■ Trees
- Up to 3 Plat & 1_egals are Included
We have reviewed the RFP survey exhibit performed by NV5 and it appears the total survey area is about 10%
of the area necessary for design. I€aft—W"f al•afeaNwas fmFVeyed,-NOE% -Will4e happy te diseuss a change-
orsepe hared onit v8cbegals afe A aper
i4i�u+u.t�+.eaae�uewEs-[eve.£�11�.Fawwawa.cax�.ad�.F.>�T,.�+elaiec�.aeavdeea..
Psomas will prepare schematic designs for communicating the results of the geotechnical investigation,
environmental review along with the limitations and provide access points to allow construction access.
The access paths chosen for the geotechnical boring equipment will be the same paths for construction
access. Adjustments to the chosen concept from the LHS, based on new information from the geotechnical
investigation and environmental constraints, shall be presented in the schematic design task. Cost estimates
and a technical memorandum will present the information in detail. Psomas will schedule one meeting with
City staff to discuss the design concepts. Once the City is comfortable with a design concept, Psomas will
proceed to Task 3.
PSOMAS City of Poway I RFP #19-023 Seaver Line Repair/Replace 16117 (Exposed Sevier cast of Mal tincolt)
18 of 22 May 21, 2019, Item #1.12
Deliverable:
'Three (3) full size and three (3) reduced size bond prints and one (1) copy each of the technical memorandum
and cost estimate. Electronic PDFs will be provided.
TASK 3 - 50% DESIGN DOCUMENTS
Upon concurrence with the schematic design concept, Psomas will begin the 50% design. The schematic
design will be the basis of the 50% construction document design. For the 50% design, it is anticipated the
following sheets will be part of the document package:
• Title Sheet, Vicinity Map, General Notes
■ Erosion Control, Notes and Abbreviations
■ Plan and Profile - 20 scale
■ Detail Sheets
■ Erosion Control Details
■ Erosion Control Plan
Deliverable:
Three (3) full size and three (3) reduced size bond prints and one (1) copy of the cost estimate and an outline
of the specification in Greenbook format. Electronic PDFs will be provided.
TASK 4 - 90% DESIGN DOCUMENTS
Upon review and concurrence of the 50% design submittal, Psomas will proceed to the 90% construction
documents preparation. The design will build upon the previous design and provide more detail and
finalize decisions made for the project. A refinement to the construction cost estimate and draft technical
specifications special provisions will be provided to complete the submittal.
Deliverable:
Three (3) full size and three (3) reduced size bond prints and one (1) copy of the cost estimate and draft
technical specifications in Greenbook format. Electronic PDFs will be provided.
TASK 5 -100% DESIGN DOCUMENTS:
Psomas will proceed to the 100% design phase upon review and feedback on the previous submittal.
During this task, Psomas' survey team can produce Plat & Legals at the City's option, for securing new
sewer easements. An accompanying cost estimate reflecting 100% design along with the complete technical
specifications and special provisions in Greenbook format will be provided.
Deliverable:
Three (3) full size and three (3) reduced size bond prints and one (1) copy of the cost estimate and complete
technical specifications in Greenbook format. Electronic PDFs will be provided.
TASK 6 - BID DOCUMENTS:
Psomas will proceed to the final bid documents phase upon review and feedback on the previous submittal.
Psomas will submit the final bid documents. The final cost estimate along with the complete technical
specifications special provisions in Greenbook format will be provided.
M A S City of Poway I RFP #19-023 Sewer Line Repair/Replace 16/1;1qxSA UAIS70f
4
4
Deliverable:
Signed mylars ready for the three (3) full size and three (3) reduced size bond prints, bid special provisions,
4 one (1) copy of the cost estimate and complete technical specifications in Greenbook format. Electronic PDFs
will be provided.
TASK 7 - BIDDING AND BID REVIEW:
Psomas will provide bid support for up to three (3) RFIs and up to two (2) addenda. Psomas will provide
assistance to the City to review the received bids for completeness.
TASK 8 - CONSTRUCTION ADMINISTRATION:
Psomas is anticipating that a total of 20 weeks will be needed to construct the project. Psomas will provide
assistance for the services under this task for the following:
■ Up to 8 submittal reviews and 4 RFI reviews
■ Construction schedule reviews and monthly progress pays
■ Attend weekly construction meetings
■ Site visit report or narrative on contractor observations '
TASK 9 - RECORD DRAWINGS:
Psomas will produce the project record drawings based on red marked changes by the construction manager
or contractor.
Deliverable:
•��1 Signed mylar record drawings.
PROJECT SCHEDULE
The following schedule shows the proposed timelines for both the design and construction phases of work.
1
i
I
i
2 S A S _ City of Poway I RFP #19-023 Sewer Line Repair/Replace 16/17 ( e eW a f 0i
�' S
PROJECT SCHEDULE
PSOMAS
City of Poway I RFP #19-023 Sewer Line Repair/Replace 16/11(Exposed Sewer East of Marlincoll)
21 of 22 May 21, 2019, Item #1.12
SEWER LINE REPAIR/REPLACE 16/17 (EXPOSED SEWER EAST OF MARTINCOIT)
'ID
�p
ask
Task Name
;Duration
Start Finish
;Qtr
2, 2019 �q1r 3, 21179 IQV A. 2019
IQsrt. 2020 Qtr 2, 2020 IQtr3,
nV
Mode
I
i I
May . lun ik1..LAy9J.?ep Oct Nov .
per 1p0 ' Feh bFIE., lLMay.l lun Jul
I 1 I
Design Phase
109 days
Wed S/22/19 Mon 10/21/19
'
t 2
>fi
Notice to Proceed
1 day
Wed 5/22/19 Wed 5/22/19
i
3Preliminary
Design Investigation
25 days
Mon 5/27/19 Fri 6/28/19
1:_:•1
4
)?
Schematic Design
it days
Thu 6/6/19 Thu 6/20/19
1x1,
5
ly
City Review
5 days
Fri 6/21/19 Thu 6/27/19
i
1
6 I
K
50% Design Submittal
15 days
Fri 6/28/19 Thu 7/18/19
s'1,
7
04
City Review
8 days
Fri 7/19/19 Tue 7/30/19
1
a 1
on
90% Design Submittal
15 days
Wed 7/31/19 Tue 8/20/19::
,
9 ®
ii,�
Ciry Review
8 days
Wed 8/21/19 Fri 8/30/19
r
10
04
100% Design Submittal
16 days
Mon 9/2/19 Man 9/23/191
11In
City Review
8days
Tue 9/24/19 Thu 10/3/19
12
04
Bid Documents
12 days
Fri 10/4/19 Man 10/21/19
:)
13
01.
Construction Phase
160 days
ThuIV14119 Wed6/24/20
-
14
Bid Phase
!
22 days
Thu 11/14/19 Fri 12/13/19
15 t
!,a
. ..,". _ ...
.. ..
Contracting Phase
... _ __.....
---.
11 days
............ .
Mon 12/16/19 Mon 12/30/19
t-1.
EAR
taz�
Mobilize Construction
6 days
Thu 1/2/20 Thu 1/9/20
27
Pipe/Manhole Replacement
25days
Fri 1/10/20 Thu 2/13/20
19
to
Trenchless Construction
65 days
Fri 2/14/20 Thu 5/14/20
r<* -•'--`—�•-� --+
19
Ea
Demobilize
13 days
Fri 5/15/20 Tue 6/2/20J.
2n
R
Record Drawings
16 days
Wed 6/3/20 Wed 6/24/20
Tesk
Inactive
Task
Manual Stunmay RdWp ase. Extmrul Milestone
O
Project: Sewer Lina Repair/Rept
Split
,,.,�,,,,,,,,,,,,,, Inaclive
Miasione
Manual Summary fel Deadline
♦
Date: Mon 4/15/19
Mllestone
♦ 1—
iw Summary I
Start -only 1 Progress
Surnmary
i""—"—i Manual Taskr"'.�'.•-""`"'�"""s
Finish•only 7 Manual Progress
Project Summary
r'"""^""9 Duratlon•only ">*^--'', ,..
External Tasks
PSOMAS
City of Poway I RFP #19-023 Sewer Line Repair/Replace 16/11(Exposed Sewer East of Marlincoll)
21 of 22 May 21, 2019, Item #1.12
Attachment 2
CITY OF POWAY
Design Services for the Sewer Line Repair/Replace 16/17
Fee Pro osal Revision 1
Personnel Hours
d
W to i N N
Task Descriptionm e u a
Q o
n a Hcii`rf''` sok [ of sr Vit', z.+ s int rtli'� 4� }ay
:,, . �.��
Task 1: Preliminary Design Investigation
Geotechnical investigation
4
4
8 E
1,320 E
14,100 $
15,420
EmAronmenlat lnvesti ation
4
4
8
1320 $
11670
18990
Subtot§I.T.as 1 w'P,kelii�f far' Dest n lrivesti' atlorl r x� ::
". t a t> ail , a. >1- , 31 h: 3 ,e. s" {a 16
, . 3,840 �,? 3Ut7G; VK 1'
Task 2: Schematic Design Submittal
Field Survey, includes 3 Plat & Legals
a
$
22.730 $
22,7301
Base Files. Compile franchise utility data as built info and survey data.
2
16
18 E
2,440
E
2,440
Develop schematic desi n and technical memorandum
2 8 24
44
78 $
12,090
$
12,090
Attend mrkshop meetina
4 2
6 E
1,160
E
1,160
Reimbursables
$
200 $
200
Task 3: 50% Design Submittal
Title sheet, vicinity map, general notes
1
2
3 E
440
E
440
Erosion control, notes and abbredafions
2
2
4 $
620
$
620
Plan and profile -2 sheets
2
16
18 $
2,440
E
2,440
Details sheet
2
8
10 $
1,400
E
1,400
Specifications
1
4 2
7$
840
E
840
Cost Estimate and Quantity Takeoff
2
4
6 E
880
$
880
QA/QC make chances. submit plans
2
1
3 $
580
$
580
Attend meeting
4 2
8
1,160
$
1,160
Reimbursables
200
200
806 lll"ri�ka:,� .0%, ' si '.Su ihltta �I s> ' ,. ,: , :,M�§
Task 4: 90% Design Submittal
Title sheet, vicinity map, general notes
1
2
3 E
440
E
440
Erosion control, notes and abbreNatons
1
2
3 $
440
$
440
Plan and profile -2 sheets
2
10
12 E
1,660
$
1,660
Details sheet
2
8
10 $
1,400
E
1,400
specifications
2
4 2
e$
1,020
E
1,020
Cost Estimate and Quantity Takeoff
2
4
6 $
880
E
880
QA/QCmake chs es submit plans
2
1
3 $
580
$
580
Attend meatina
4 2
6 E
1,160
1,160
Reimbursables
$
200 E
200
§'661f filii§aR b',.¢tl°/s'bes iti`S Rti "1 I x. tt3} a " ;:i. >:; r t .,,, .: .fir off ; a x a12 :. §f: 2aA
MEL TWA
IT
2g9` '
~if"
Task 5: 100% Desian Submittal
Title sheet, vicinity map, general notes
1
1
2 $
310
E
310
Erosion control, notes and abbredabons
1
1
2 $
310
$
310
Plan and profile -2 sheets
2
4
6 $
880
E
880
Details sheet
1
4
5 E
700
$
700
Specifications
4
4 1 2
10 E
1,380
1 E
1,380
Cost Estimate and Quantity Takeoff
2
2
4 $
620
E
620
QA/QC make chances. submit plans
2 1
1
3 $
580
E
580
Attend meeting
4 2
6
1,160
11,160
Reimbursables
$
200 E
200
Su 'tBtai Tffi'W4b,,,, 0?/o=t5"e'si hsobmi V; <
0, 40, sF
Task 6: Bid Documents
Address commentsproduce m ars
2 4
12 2
20 E
2,820
E
2,820
QA/QC Make chs es
1 2
2
5 $
845
E
845
Final Bid Documents Submittal
1
1
2 $
310
$
310
Reimbursables
$
200 $
200
Task 7: Bidding and Bid Review
Assist City staff, respond to RFIs 3 tots
2 8
2
12
2,100
2,100
Produce addendums 2 tots
1 4
4 4
13 $
1,720
E
1,720
Sttbt . idtllil` dlev
Task 8: Construction Administration
Redewup to 6 submittals and 3 RFIs
2 16
24 6
48 $
6,820
E
682
Redewconstruction schedules and monthly Prowess pays
2 4
6$
1,120
E
1,12
Attend week construction meetinas
8
32
40
5,600
$
5,600
Reimbursables
$
200 $
200
Sii)itts t'7�' k,8#,4o afro "ttdn4Ailrh(nr0trati,
Task 9: Record Drawings
Redewredlines and make chs es
1 2
8
101 $
1.4001
1 400
QA/Qc
1
1 5
zoo
E
zoo
Subtdta t'ad O
1
,49@,Total
1 91 42 1 1141
23EI 1 181
4211$
63,145 1$
55,700 1 $
118,845
22 of 22 May 21, 2019, Item #1.12