Item 1.4 - Agmt with Infrastructure Engineering Co.; Water Treatment Plant Clearwell Dist. Flow Meter; RFP 20-005City of Poway
COUNCIL AGENDA REPORT
DATE: October 15, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Robert Manis, Director of Development Services
CONTACT: Andrea Thomas, Associate Civil Engineer U'd
(858) 668-4605 or athomaspoway.orq
SUBJECT:
Summary:
Approval of Consultant Agreement with Infrastructure Engineering
Corporation for Design Services for the Water Treatment Plant Clearwell
Distribution Flow Meter Project; RFP #20-005
In August 2019, the Development Services Department issued a Request for Proposal (RFP #20-
005) for design services for the Water Treatment Plant Clearwell Distribution Flow Meters Project.
This action will approve the Consultant Agreement with Infrastructure Engineering Corporation
(IEC) to provide design services for the project.
Recommended Action:
It is recommended that the City Council authorize the City Manager to execute the Agreement
with IEC for design services for the Water Treatment Plant Clearwell Distribution Flow Meter
Project per the outlined terms of the Consultant Agreement (Attachment A).
Discussion:
Legislative actions such as SB 505, "Water Loss Control", require municipalities to improve
accountability for water losses in the potable water distribution system. This is an important step
toward understanding why water loss occurs, which will help the city reduce water loss. When a
utility experiences water loss in its distribution system, the losses increase production costs and
force the utility to buy more water than rate payers require. Therefore, reducing water loss saves
rate payers money. The existing measuring equipment at the Lester J. Berglund Water Treatment
Plant relies on a method that is known to have limited accuracy when measuring the lower range
of flow. The fluctuation in flow is based on user demand and varies significantly across the
seasonal weather changes. The existing monitoring and controls are manual which require a
hazardous and labor intensive process to perform.
This project includes development of plans, specifications and estimates for upgrades to the
existing flow meter vault. After careful review of the one proposal received, staff determined IEC
was highly qualified for the design work required and negotiated a fee reduction to $75,962. The
project budget of $350,000 includes the funding for construction and this reduction brings the
design contract fees within budget expectations.
Approval of this Agreement will provide professional design services for the Water Treatment
Plant Clearwell Distribution Flow Meter Project. The scope of these services includes a new flow
meter, replacement valves and actuators, adds automated controls, and adds online data
monitoring.
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Environmental Review:
This 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 $75,962 for design services will be the basis for this effort. There is $350,000.00
for design and construction currently available in the Water Treatment Plant Clearwell Distribution
Flow Meter Project (WTR0022). Completion of this project will be a step towards better
understanding water loss in the distribution system and saving rate payers money over the long-
term.
Public Notification:
None.
Attachments:
A. Consultant Agreement
Reviewed/Approved By:
Reviewed By: Approved By:
Wendy Kaserman Alan Fenstermacher
Assistant City Manager City Attorney
Ch 's az-tine
City Manager
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City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 16th day of October, 2019, by and between the
CITY OF POWAY (hereinafter referred to as "City") and INFRASTRUCTURE
ENGINEERING CORPORATION (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform design
services for the Water Treatment Plant Clearwell Distribution Flow Meter Project (Project); and
WHEREAS, Consultant is a civil 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.
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5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to
enable Consultant to effectively perform the services. Consultant shall treat all such information
as confidential, whether or not so identified, and shall not disclose any part thereof without the
prior written consent of the City. Consultant shall limit the use and circulation of such information,
even within its own organization, to the extent necessary to perform the services. The foregoing
obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has
been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant,
hereafter disclosed in publicly available sources of information; (iii) is now in the possession of
Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully
disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other
results of the services or the existence of the subject matter of this contract without the prior
written consent of the City. In its performance hereunder, Consultant shall comply with all legal
obligations it may now or hereafter have respecting the information or other property of any other
person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost
and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person,
other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that
it has not paid or agreed to pay any company or person, other than a bona fide employee, any
fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or
resulting from the award or making of the Agreement. For breach of violation of this warranty,
City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct
from the Agreement price or consideration, or otherwise recover the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents
prepared or obtained under the terms of this Agreement shall be the property of City and shall be
delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and
the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use
its official position to influence in any way any matter coming before the City in which the
Consultant has a financial interest as defined in Government Code Section 87103. Consultant
represents that it has no knowledge of any financial interests which would require it to disqualify
itself from any matter on which it might perform services for the City.
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"Consultant" means an individual who, pursuant to a contract with a state or local
agency:
(A) Makes a governmental decision whether to:
(B)
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
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)
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October 15, 2019, Item # 1.4
years from the date of final payment under this Agreement, for inspection by City and copies
thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent
contractor and shall not be an employee of the City of Poway. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement; however, City shall not have the right to control the means by which Consultant
accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits,
qualifications, and approvals of whatever nature that are legally required to practice its profession.
Consultant represents and warrants to City that Consultant shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or approval which
is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's
negligent performance of professional services, City and its respective elected and appointed
boards, officials, officers, agents, employees and volunteers (individually and collectively,
"Indemnitees") shall have no liability to Consultant or any other person for, and Consultant shall
indemnify, protect and hold harmless Indemnitees from and against, any and all liabilities, claims,
actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and
expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which
Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or
arising out of any injury to or death of any person(s), damage to property, loss of use of property,
economic loss or otherwise occurring as a result of Consultant's negligent performance under this
Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers,
directors, sub -consultants or employees.
(b) For Claims alleged to arise from Consultant's negligent performance of
professional services, Indemnitees shall have no liability to Consultant or any other person for,
and Consultant shall indemnify and hold harmless Indemnitees from and against, any and all
Claims that Indemnitees may suffer or incur or to which Indemnitees may become subject by
reason of or arising out of any injury to or death of any person(s), damage to property, loss of use
of property, economic loss or otherwise to the extent occurring as a result of Consultant's
negligent performance of any professional services under this Agreement, or by the negligent or
willful acts or omissions of Consultant, its agents, officers, directors, sub -consultants or
employees, committed in performing any of professional services under this Agreement. For
Claims alleged to arise from Consultant's professional services, Consultant's defense obligation
to Indemnitees shall include only the reimbursement of reasonable defense costs and attorneys'
fees to the extent caused by Consultant's negligence.
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October 15, 2019, Item # 1.4
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims
arise from the sole negligence or willful misconduct of City or its elected and appointed boards,
officials, officers, agents, employees and volunteers.
(d) In any and all Claims against City by any employees of the Consultant, anyone
directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification
obligation under this Section 15 shall not be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or for the Consultant under worker's
compensation acts, disability benefit acts or other employee benefit acts.
(e) Consultant shall, upon receipt of written notice of any Claim, promptly take all
action necessary to make a claim under any applicable insurance policy or policies Consultant is
carrying and maintaining; however, if Consultant fails to take such action as is necessary to make
a claim under any such insurance policy, Consultant shall reimburse City for any and all costs,
charges, expenses, damages and liabilities incurred by City in making any claim on behalf of
Consultant under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be
construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which
would otherwise exist as to any party or person indemnified pursuant to this Section 15.
(g) The rights and obligations of the parties described in this Section 15 shall survive
the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any Indemnitee
and not covered by insurance maintained, or required by this Agreement to be maintained, by
Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the
personnel (including death) and property of Consultant that occurs in the course of, or in
connection with, the performance of Consultant's obligations under this Agreement, including but
not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the Indemnitees are
not to be liable for injury or damage which may be sustained by the person, goods or property of
Consultant or its employees in connection with Consultant's performance its obligations under
this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority,
expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant
shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any
obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested
services. The City shall have the right to review and disapprove personnel for assignment to
Poway projects.
City shall have the unrestricted right to order the removal of any person(s)
assigned by Consultant by giving oral or written notice to Consultant to such effect.
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Consultant's personnel shall at all times comply with City's drug and alcohol
policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions"
attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws
of the State of California. Each party to this Agreement consents to personal jurisdiction in San
Diego County, California, and hereby authorizes and accepts service of process sufficient for
personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for
giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or
conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central
Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant
hereby waives any right to remove any such action from San Diego County as is otherwise
permitted by California Code of Civil Procedure section 394. The prevailing party in any such
action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including
its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees.
Notwithstanding the foregoing, in the event that the subject of such an action is compensation
claimed by Consultant in the event of termination, Consultant's damages shall be limited to
compensation for the 60 -day period for which Consultant would have been entitled to receive
compensation if terminated without cause, and neither party shall be entitled to recover their
litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean
the individual or corporate consultant and any and all employees of consultant providing services
hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute one and the
same instrument. Documents delivered by telephonic facsimile transmission shall be valid and
binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and
City relating to the terms and conditions of the services to be performed by Consultant. No
agreements, representations or promises made by either party, whether oral or in writing, shall
be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24. Certification and Indemnification Regarding Public Employees'
Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor
are not current members of the California Public Employees' Retirement System (CaIPERS) and
shall not become members of CaIPERS while providing services to City.
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October 15, 2019, Item # 1.4
Contractor further provides that in the event Contractor assigns a retired annuitant
receiving a pension benefit from CaIPERS 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
CaIPERS 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.
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October 15, 2019, Item # 1.4
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the
date first above written.
CITY OF POWAY INFRASTRUCTURE ENGINEERING
CORPORATION
By: By:
Chris Hazeltine, City Manager Robert Weber, President
Date:
ATTEST:
Faviola Medina, City Clerk
APPROVED AS TO FORM:
By:
Alan Fenstermacher, City Attorney
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Date:
October 15, 2019, Item # 1.4
"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, which is included in this document as Attachment 1, and incorporated by reference,
as if its contents were fully set forth herein. Consultant shall provide the necessary qualified
personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted
with the proposals, which are included in this document as Attachment 2. Total fee is not to exceed
$75,962.00. 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 October 16, 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.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of
the following insurance coverages:
(a) Comprehensive General Liability, including premises -operations,
products/completed, broad form property damage, and blanket contractual liability with the
following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined
each occurrence and $2,000,000 aggregate.
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October 15, 2019, Item # 1.4
(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:
To Consultant:
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City of Poway — Development Services
13325 Civic Center Drive
Poway, CA 92064
Infrastructure Engineering Corporation
14271 Danielson Street
Poway, CA 92074
October 15, 2019, Item # 1.4
EXHIBIT "B"
Cal Gov Code § 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular
Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated > GOVERNMENT CODE > Title 1 General > Division 7
Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public
Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public
retirement system; Section supersedes conflicting provisions
(a)This section shall apply to any person who is receiving a pension benefit from a public
retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract
directly by, a public employer in the same public retirement system from which the retiree
receives the benefit without reinstatement from retirement, except as permitted by this
section.
(c) A person who retires from a public employer may serve without reinstatement from
retirement or loss or interruption of benefits provided by the retirement system upon
appointment by the appointing power of a public employer either during an emergency to
prevent stoppage of public business or because the retired person has skills needed to
perform work of limited duration.
(d)Appointments of the person authorized under this section shall not exceed a total for all
employers in that public retirement system of 960 hours or other equivalent limit, in a
calendar or fiscal year, depending on the administrator of the system. The rate of pay for the
employment shall not be less than the minimum, nor exceed the maximum, paid by the
employer to other employees performing comparable duties, divided by 173.333 to equal an
hourly rate. A retired person whose employment without reinstatement is authorized by this
section shall acquire no service credit or retirement rights under this section with respect to
the employment unless he or she reinstates from retirement.
(e)
(1)Notwithstanding subdivision (c), any retired person shall not be eligible to serve
or be employed by a public employer if, during the 12 -month period prior to an
appointment described in this section, the retired person received any unemployment
insurance compensation arising out of prior employment subject to this section with
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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:
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(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.
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October 15, 2019, Item # 1.4
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 (0(1) and (0(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 (0(4); and (3) "Judges' Retirement System" for
"Judges' Retirement System I" in subd (i).
15 of 21
3
October 15, 2019, Item # 1.4
SCOPE OF S
Attachment 1
VICES
OVERVIEW 49ipe4 e-Dow44)e,o.vezeoe.00at,00eme, a m oltoeoe*Atateeiea it,mo.oeeeoetbooeae
The City of Poway (City) Water Treatment Plant Clearwell Distribution Flow Meters Project is assumed to involve the
following major elements at the Lester Berglund Water Treatment Plant (WTP):
• Flow meter on 30" finish water discharge pipe — In the existing flow meter vault, prepare a design that shows the
replacement of the existing annubar flow meter in kind.
• Valve Actuators on 24" and 30" finish water discharge pipes — Add a remotely controlled motorized valve
actuator on the existing butterfly valve in the meter vault and the diffuser vault. The top concrete slab of each
vault will be removed to facilitate installation and will be replaced with new concrete slabs that include hatches
suitable for H2O loading. Power for the actuators will be obtained by conduits from the existing adjacent Electrical
Building. Modification will be required to motor control center in the building. Signals for the actuators will be
relayed via conduit to a SCADA system connection in the building.
Described below are the specific tasks to be performed by Infrastructure Engineering Corporation (IEC) for the Project. All
tasks are directed to IEC unless otherwise noted.
SCOPE OF SERVICES
4ep04,1139*94100gOi401Wik4105d74440a**4141600+60040 4.0 I 001 Wg;1B**1100*V0 0340 4a 42 0#10 84 e
TASK 1 ...... PROJECT AG)MINISIRATION
1.1 — PROJECT ADMINSTRATION
Attend kick-off meeting and one design review meeting during the design period. Other communication will be through
email and phone calls. Coordinate with the City and with subconsultants, prepare monthly invoices.
Following the kick-off meeting, take limited measurements of the electrical building interior and vault interiors. Provide
confined space entry support for access to the two vaults.
TASK 2 -. PRELIMINARY [.)E: ;IGN
2.1 — FIELD SURVEY
Perform a field topographic survey of the area of the parking lot where the clearwell effluent meters are located. The
survey will be used to prepare a grading and paving plan for the new vault tops.
2.2 — WORKSHOP
Hold one 4 -hour workshop with plant and engineering staff to confirm approach for design. Discuss the possibility of using
the 24" clearwell line solely for flow measurement with a magnetic flow meter in lieu of the two actuators and annubar.
K 3 ...... D `SIC.;I``J
3.1 — PLANS, SPECIFICATIONS AND ESTIMATE
Prepare plans, specifications, and engineer's opinion of probable construction cost estimates for the project elements at
a 50% and 100% design level.
The PS&E will be prepared according to the following parameters:
• One (1) pdf copy of plans, specifications, and engineer's opinion of probable construction cost (EOPCC) will be
submitted for City review at the 50% and 100% design stages. The 50% submittal will include preliminary drawings
16 of 21
Page 1 of 4
October 15, 2019, Item # 1.4
of general sheets, vaults and valve modifications, and electrical plan, and a list of the City's standard specifications
and proposed supplementary specifications.
• Project design will be prepared in AutoCAD format, 2018 version, per the City's standards for Public Works
contracts.
• Contract specifications will consist of mark-ups of the City's General and Technical Provisions to make them
project specific and will utilize current Greenbook and City supplemental specifications where practical. Additional
supplemental specifications, such as the floating cover, will be provided in CSI format.
• The engineer's opinion of probable construction cost will include estimated quantities and unit costs for the
proposed improvements at each submittal.
• Provide an estimated number of working days for the construction work.
The final submittal will be comprised of:
• Bid -ready package of plans and specifications, stamped and signed by the Engineer of Record and the respective
disciplines.
• Mylar drawings (one set)
• CD containing PDF version of all drawings, CAD files for the general and layout drawings, and Word files for each
supplemental technical specification section.
OP I IONAI.. - ENGINEERING SUPPOP! DURING CONS l..)(2 I ION RHASE
Provide support to the City related to the following activities up to the level of effort defined in the task budget:
• Attendance by design engineer at the pre -construction meeting.
• Structural engineer will make up to one (1) site visit to observe the structural construction work. Provide written
documentation of pertinent observations to the City via e-mail.
• Electrical engineer will make up to one (1) site visit to observe the electrical/SCADA construction work. Provide
written documentation of pertinent observations to the City via e-mail.
• Review contractor submittals received from the City for conformance with the contract documents. Provide
written response to the City via e-mail noting exceptions and/or comments within fifteen (15) working days.
Estimate up to 10 submittal item reviews and re -reviews.
• Review and respond to RFIs forwarded from the City. Provide responses (in e-mail or memorandum format) to
the City within five (5) working days and in accordance with the contract documents. Estimate up to 5 responses
to RFIs.
• Prepare record drawings by incorporating "red -lined" changes, as documented and recorded by the contractor
and/or construction manager, on the original Mylars. If the extent of changes makes it impractical to revise an
original Mylar sheet, individual original Mylar sheets may be voided and replacement sheets may be added. Within
one month of the receipt of the redlines, submit one set of original mylar record drawings and PDF file of all
drawings.
• Provide project management services during the construction phase and coordinate subconsultants.
SCHEDULE .rr*$rrer.r®mr«rrr�errem.oar®w.rrrrrrrrraeaewsr..rrrrrrrrs.rr..rrrrrsrr
Based on a Notice to Proceed around October 1, 2019, assuming timely scheduling of meeting and responses for
information, and allowing two (2) weeks for submittal reviews by the City, the milestones for the major design phase tasks
described above are estimated per the table presented below.
17 of 21
Page 2 of 4
October 15, 2019, Item # 1.4
50% PS&E Submittal
6 weeks
100% PS&E Submittal
11 weeks
Final PS&E Submittal
15 weeks
INFORMATION AND SUPPORT TO BE PROVIDED BY CITY 6.4
60666660
Following is a description of what is expected and required from the City to execute the Project described above:
• All as -built plans and information regarding WTP operations pertinent to the assessment, design and construction
of the project.
Operate existing system valves and report on valve performance and tightness (to facilitate shutdowns during
construction).
• Input regarding pipeline shutdown requirements and timing during construction.
• Access to project areas and vaults for data collection.
Information regarding existing SCADA equipment and requirements and power supply systems.
Input regarding acceptable contractor staging areas.
Timely review/comment on submittals.
Consolidate all design submittal comments and have any divergent or contradictory comments reconciled prior
to return to IEC.
ASSUMPTIONS otoireett.retakormeivootoza•etteet►oetba*ioe ma.etteoetpoto4341,tooateeklieet,eaoett2888
1. The following elements are not included but can be added upon mutual written agreement:
• Engineering support during bid phase.
• Construction management and inspection during construction phase.
• Potholing of pipelines or conduits.
• Process control descriptions and P&ID drawings.
• PLC and SCADA Programming (assumed to be by the City).
• Radio telemetry design to interface with City SCADA.
• Security and fire alarm systems.
• System start-up services.
• Traffic control design.
2. Design assumptions:
• Sufficient room in the exists in the existing meter vault for an annubar flow meter and Beck actuator for the
36" butterfly valve.
• Sufficient room exists in the vault where the Beck actuator is to be installed on the 24" butterfly valve.
• The top slabs of each of the vaults will be replaced with a structural slab with a hatch, rated for heavy traffic.
While the hatch will be rated for heavy traffic, it may still create noise when driven over.
• Design fees are subject to change if conditions are different.
3. City will handle any coordination that may be required with DDW and will pay all agency permit and review fees.
4. Noise analyses, surge analyses, or hazardous materials assessments are not required.
5. Environmental permit compliance and permit requirements will be provided by others. Compliance requirements
pertinent to the construction will be included in the project specifications during design.
6. Project design will comply with regulations and codes in force at the time of the design.
7. Unless specifically provided in the scope of services, IEC will rely upon the accuracy of data and information
provided by the City or others without independent review or evaluation.
Page 3 of 4
18 of 21 October 15, 2019, Item # 1.4
8. Opinions of construction cost prepared by IEC represent our judgment as a design professional and are supplied
for the general guidance of the City. Since IEC has no control over the cost of labor and material, or over
competitive bidding or market conditions, IEC does not guarantee the accuracy of such opinions as compared to
contractor bids or actual cost to City.
9. Documents, drawings, specifications, and electronic information/data, including computer aided drafting and
design ("CADD"), prepared by IEC and its subconsultants pursuant to this agreement are not intended or
represented to be suitable for reuse by City or others on extensions of the Project or on any other project. Any
use of completed documents for other projects and any use of incomplete documents without specific written
authorization from IEC will be at City's sole risk and without liability to IEC or its subconsultants. Electronic data
delivered to City is for City's convenience and shall not include the professional stamp or signature of an engineer
or architect. City agrees that IEC and its subconsultants shall not be liable for claims, liabilities or losses arising
out of, or connected with the decline of accuracy or readability of electronic data due to inappropriate storage
conditions or duration.
10. IEC and its subconsultants are not qualified nor licensed to address hazardous materials. As such, IEC and its
subconsultants shall have no responsibility for the discovery, presence, handling, removal or disposal of, or
exposure of persons to hazardous materials in any form, if such is present at any of the project sites.
11. The construction contractor will be required to assume sole and complete responsibility for job site conditions
during the construction of the project, including safety of all persons and property. IEC shall not have control over
or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures,
as these are solely the responsibility of the construction contractor.
Page 4 of 4
19 of 21 October 15, 2019, Item # 1.4
N
0
Attachment 2
CITY OF POWAY
WATER TREATMENT PLANT CLEARWELL DISTRIBUTION FLOW METERS PROJECT
INFRASTRUCTURE ENGINEERING CORPORATION - FEE ESTIMATE
Task/
Subtask
Task/Subtask Description
Principal in
Charge
Sr. Project
Manager
Project
Manager
Engineer 11f/
CAD 111 Designer
Sr. Construction
Manager
Resident
Engineer
CM Coordinator
Subtask
Labor -Hours
Subtask
Labor Cost
Direct Cost
Subcontract
Total
Cost
5250.00
5235.00
$220.00
5155.00
5210.00
5160.00
$120.00
TASK 1
PROJECT KICK-OFF AND DATA COLLECTION
$6,219
Meetings (2), site visit, coordination
2
10
6
18
53,600
520
$2,599
56,219
O
Structural engineer site visits (1)
0
$0
50
5504
$504
TASK 2
PRELIMINARY DESIGN
0
$0
$0
5536
$4,927
2.1
Field survey
1
2
3
$530
$0
52,562
$3,092
2.2
Workshop
4
4
8
$1,820
$15
$0
$1,835
Prepare Record Drawings
28
10
$1,680
50
$1,281
$2,951
TASK3
DESIGN
8
8
$1,760
$0
50
553,282
3.1
Design PS&E: 50% / 100%/ Final
%71 Task Subtotal - Hours
Plans
0
5
56
94
0
0
28
155
$28,065
$250
521,032
$49,347
50
Specifications
51,240
1
12
$0
1.-<.] $5,640
515 55,880
$11,535
13
$2,875
$0
$0
52,875
Opinion of Construction Cost
2
4
6
51,060
$0
50
51,060
Task Subtotal - Hours
0
12
85
106
0
0
0
203
�111111°
Task Subtotal - Costs
50
$2,820
518,700 j
516,430
50
$0
$0 1.>"<:::::1 $37,950
$285
$26,192
$64,427
PRELIMINARY AND FINAL DESIGN SERVICES
$64,427
Task/
Subtask
Task/Subtask Description
Principal in
Charge
Sr. Project
Manager
Project
Manager
Engineer 111/
CAD fit Designer
Sr. Construction
Manager
Resident
Engineer
CM Coordinator
Subtask
Labor -Hours
Subtask
Labor Cost
Direct Cost
Subcontract
Total
Cost
5250.00
5235.00
$220.00
5155.00
5210.00
5160.00
5120.00
OPTIONAL
ENGINEERING SUPPORT DURING CONSTRUCTION PHASE
Pre -Con Meeting
2
2
5440
515
50
5455
O
Structural engineer site visits (1)
0
$0
50
5504
$504
n
Electrical engineer site visits (1)
0
$0
$0
5536
5536
rt
0CT
Review Contractor Submittals
4
4
$880
$0
$2,363
53,243
Responses to RFI's
4
4
5880
50
51,197
$2,077
Prepare Record Drawings
28
10
$1,680
50
$1,281
$2,951
'5
PM During Construction Phase
8
8
$1,760
$0
50
51,760
3
%71 Task Subtotal - Hours
0
0
20
8
0
0
0
28
.g_
N Task Subtotal - Costs
L.,
50
50
54,400
51,240
$0
50
$0
1.-<.] $5,640
515 55,880
$11,535
3
OPTIONAL - ENGINEERING SUPPORT DURING CONSTRUCTION ' $11,535
TOTAL FEE: DESIGN & ENGINEERING SUPPORT DURING CONSTRUCTION $75,962
IEC 2019 HOURLY CHARGE RATE & EXPENSE REIMBURSEMENT SCHEDULE *..• • • • • • • • • *
Engineering
Engineering Intern/Technician $ 80
CADD Designer I/Engineer I $ 130
CADD Designer II/Engineer II $ 145
CADDDesignerlll/Engineerlll $ 155
Project Designer $ 160
Senior Designer/Project Engineer $ 170
Senior Project Engineer $ 185
Senior Project Engineer Planning & IS $ 200
Project Manager $ 220
Senior Project Manager $ 235
Principal $ 250
Surveying
Survey Assistant I $ 125
Project Surveyor $ 145
Principal Surveyor $ 170
Field — 1 Person* $ 170
Field — 2 Person Crew* $ 260
*Construction
Assistant CM Coordinator $ 100
CM Coordinator $ 120
Senior Construction Inspector $ 150
Resident Engineer $ 160
Construction Manager $ 200
Senior Construction Manager $ 210
Environmental
Intern/Technician $ 80
Technical Editor $ 110
Env Specialist I/Project Coordinator I $ 120
Graphic Artist $ 120
Lead Technical Editor $ 130
Env Specialist II/Project Coordinator II $ 145
Env Specialist III/Project Coordinator III $ 155
Project Manager $ 210
Senior Project Manager $ 235
Principal $ 250
Program Management
Assistant Program Manager $ 155
Program Manager $ 185
Principal $ 250
Flow Monitoring
Field Tech I $ 80
Field Tech II $ 100
Field Tech III $ 110
Field Supervisor $ 125
Field Operations Manager $ 160
Project/Data Manager $ 180
Subconsultants will be billed at cost plus 5% unless specified otherwise in the agreement.
All base rates will escalate by 3% per annum.
* Field personnel rates are inclusive of vehicle, mileage, phone, computer, survey equipment, etc. Inspection
rates shown are for prevailing wage projects. Inspection rates for overtime are $30 dollars an hour more than
the listed rate.
Reimbursable Costs
Reproduction, special photography, postage, delivery services, express mail, printing, travel, parking, and any
other specialty services performed by subcontractor will be billed at cost plus 15%.
Mileage will be billed at the current IRS allowed rate.
(2/5/2019)
City of Poway
Proposal for Water Treatment Plant Clearwell Distribution Flow Meters
21 of 21
October 15, 2019, Item # 1.