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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