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Item 16 - Approval of Consultant Agmt. with Mission Consulting Svcs for Water Systems Analysis Svcs; RFP 21-027DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway June 15, 2021 Honorable Mayor and Members of the City Counc½ d Robert Manis, Director of Development Services (A\ Tracy Beach, Senior Civil Engineer '5 (858)668-4652 or tbeach@poway.org CITY COUNCIL Approval of Consultant Agreement with Mission Consulting Services for As-Needed Water Systems Analysis Services; RFP No. 21-027 In April 2021, the City sent out a Request for Proposal (RFP) for as-needed water systems analysis services. This action will approve the Consultant Agreement with Mission Consulting Services (MCS) to provide as-needed water systems analysis services. The length of the agreement is from July 1, 2021 through June 30, 2024, with a provision to mutually extend the agreement with two extensions of one year each. Recommended Action: It is recommended that the City Council authorize the City Manager to execute the Agreement with MCS for as-needed water systems analysis services per the outlined terms of the Agreement. Discussion: Many new and redevelopment projects submitted to the Development Services Department require a water analysis. This is most common when the proposed project either connects to the water distribution system or modifies an existing connection. Water modeling software is used to complete these analyses and is typically completed by someone that specializes in water modeling. Typical water modeling tasks include conducting a fire sprinkler curve analysis, fire flow analysis, residential water system analysis, and providing flow test data. Staff issued an RFP in April 2021 for as-needed water systems analysis services and received three proposals. After a thorough evaluation of the three proposals submitted, staff selected MCS as the firm best suited to meet the City's current and future needs based on established criteria as found in the RFP, including a demonstration of understanding the services requested, qualification of the specific individuals who work on the project, demonstrated record of success by the consultant on work previously performed for the City or other municipalities, schedule of hourly rates and references. Rates for the firm are consistent with industry standards. As-needed services will support 1 of 19 June 15, 2021, Item #16 June 15, 2021, Item #16Development Services staff with water systems analyses of various private development projects. All costs associated with these services are paid by project applicants as outlined in the Master Fee Schedule. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA) Guidelines. Fiscal Impact: All costs incurred for water analysis services associated with private projects under this agreement are fully offset by developer fees. Public Notification: None. Attachments: A. Standard Agreement for Consultant Services with MCS, including the Scope of Work and Fee Schedule Reviewed/ Approved By: Wendy KJ~erman Assistant City Manager 2 of 19 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager June 15, 2021, Item #16City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of July, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and JENNIFER R. MAEL individually and dba MISSION CONSUL TING SERVICES (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform as-needed water system analysis services (Project); and WHEREAS, Consultant is a specialty 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 CONSUL TANT 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 19 ATTACH~ENT A June 15, 2021, Item #165. 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 19 2 June 15, 2021, Item #16"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. D 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 19 3 June 15, 2021, Item #16years 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, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees 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 lndemnitees may suffer or incur or to which lndemnitees 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, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees 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 lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 6 of 19 4 June 15, 2021, Item #16(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 lndemnitee 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 lndemnitees 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 19 5 June 15, 2021, Item #16Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 8 of 19 6 June 15, 2021, Item #16Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 9 of 19 7 June 15, 2021, Item #16IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: __________ _ ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: By: ____________ _ Alan Fenstermacher, City Attorney 10 of 19 JENNIFER R. MAEL, individually and dba MISSION CONSUL TING SERVICES 8 By:--------------Jennifer R. Mael, P.E., Project Manager Date: ___________ _ June 15, 2021, Item #16A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the as-needed water system analysis services further described in the Scope of Services submitted with the proposals dated May 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated May 18, 2021, which are included in this document as Attachment 2. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing July 1, 2021, and ending June 30, 2024, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 11 of 19 1 June 15, 2021, Item #16(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: 12 of 19 2 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 Mission Consulting Services 9418 Mast Boulevard Santee, CA 92071 June 15, 2021, Item #16Attachment I SECTION 5 -SCOPE OF WORK Our understanding of the Project tasks and deliverables are presented below1 along with any scope additions, deletions or clarifications, and optional scope items. Task 1. Fire Sprinkler Curve Analysis 1. Run the hydraulic analysis. 2. Review the demands in the model and, if necessary, make adjustments for consistency with the 2008 Master Plan. Clarification: The Fire Sprinkler Curve will be prepared at the Fire Department Connection (FDC) as identified by the applicant or the City. 3. Perform the required fire flow during a Max Day Demand period. 4. Prepare a fire sprinkler curve analysis. The fire sprinkler curve should identify the maximum allowable fire flow based on City criteria for minimum pressure and maximum velocity. 5. Prepare and submit to the City a briefletter report summarizing the results along with the hydraulic model output and associated graphics of the existing and proposed water system. Task 2. Flow Test Data (Water Availability Form) 1. Run the hydraulic model. 2. Review the static and residual pressure at a given hydrant location as requested from an applicant in a Water Availability Form. 3. Complete staff section of Water Availability Form and provide computer model printout. Addition: A figure showing the surrounding water system will also be provided with the Water Availability Form/or reference. Clarification: Typically the applicant does not know the fire flow required for their project. The Water Availability Form in this instance would reflect the maximum allowable fire /low per City POWAYflREDE,AATM(NT UJZS 0\/k C.me-r Orl1ite-Powa,y, CA 91064 llSl-661-4'60 WAICRA'IAILABIUT'r f01'M \lCTl!)M k m HC'OMO'U1tD .... Q/SlOMEA PROltCTr-"'w: -------PKONt.i I _______ _ ~11.XUVt18Utt 1 ____ _ S£C'f10H B: TO BE CDMPlfTEO 8Y LOCAL w-.rcR COMfl,.,,,,., OJSTOW.ERTO PROVIDE RfSUl.lS TO PF"O. Ull:~JiYAl#OfQf'§MQW:Hi"JU2M.Qa.If.Wim.BldfJl. I'll runubo Audln.: orr .. PGftdl!i&Flow: Toi.flow: Clarification: These analyses are for infill projects connecting to the City's existing system and should not be used for projects that require additional of/site piping as part of the analysis. Page8 f,1,ss,on Co11s11l/111g Servcces 13 of 19 June 15, 2021, Item #16Tasl< 3. Fire Flow Analysis 1. Run the hydraulic model. 2. Review the demands in the model and, if necessary, make adjustments for consistency with the 2008 Master Plan. 3. Run the hydraulic model day plus fire flow. Prepare and submit to the City a brief letter report summarizing the results along with the hydraulic model output and associated graphics of the existing and proposed water system. Clarification: The analysis will be performed during a maximum demand day. The required fire duration will also be used to determine worst-case results. Clarification: The fire flow will be performed at the hydrant indicated on the Plans provided by the applicant and City. 4. At project completion, update the model Recommendation: While it is prudent to maintain incorporating the additional pipe and up-to-date facilities and demands in the hydraulic structures at the direction of City staff. model, we would recommend that such changes take place after Project construction when the facilities have been accepted by the City. Task 4. Residential Water System Analysis 1. Review the plans provided by the City. 2. Incorporate the proposed project into the City's existing hydraulic model. Clarification: Recommendations will be made for existing and proposed system improvements, if necessary, in order to meet the City's performance criteria. 3. Run the model, review the demands in the model and if necessary, make adjustments for consistency with the 2009 Master Plan. 4. Evaluate performance of the proposed project(s) relative to the City's criteria. The analyses should include, at a minimum, a maximum day plus fire flow and a peak hour analysis. 5. Prepare and submit to the City a brief written report recommendations along with the hydraulic model output and associated graphics of the existing and proposed water system. 6. At project completion, update the model incorporating the additional pipe and structures at the direction of City staff. summarizing the analysis results and Recommendation: While it is prudent to maintain up-to-date facilities and demands in the hydraulic model, we would recommend that such changes take place after Project construction when the facilities have been accepted by the City. MCS currently maintains a license of both H20MAPTM and InfoWatern•1• The RFP notes that the City's model is in H20MAP™. However, the model was updated to InfoWATER™ several years ago, and all subsequent updates have been on that platform. Typically, the Fire Sprinkler Curve Analysis and Fire Flow Data (Water Availability Form) are scheduled for delivery two weeks from the City issuing a Notice to Proceed (NTP) with that task. The Fire Flow Analysis and Residential Water System Analysis can be anywhere from two to three weeks from NTP depending on the size of the project. Each of these tasks has typically been handled with a separate scope and fee letter from MCS submitted to the City. Upon acceptance of the scope and fee letter and receipt of deposit from the applicant, the City issues an NTP. -----------------Page 9 M·ssion Con!".:11/,ng Scrvicc-s 14 of 19 June 15, 2021, Item #16Attachment l ~-? MCS Mission Consulting Services W TER SYSTEM SPECIALISTS May 18, 2021 Ms. Tracy Beach, P .E. Senior Civil Engineer Development Services Department City of Poway 13325 Civic Center Drive Poway, CA 92074-0789 RE: FEE PROPOSAL FOR AS NEEDED WATER SYSTEMS ANALYSIS (RFP #21-027) Ms. Beach, I am pleased to present the following fee proposal for performing As Needed Water Systems Analyses as outlined in the RFP Scope of Work. As I have been performing these tasks for the City for the past ten years, I am well aware of the costs and efforts associated with these tasks. During the 2018 As Needed Water Systems Analysis effort, we developed the Water Availability Form in an effort to reduce costs to the applicants for minor fire flow test data, specifically for infill and residential expansion projects. While we have not changed our fees for this RFP, I welcome the opportunity to discuss additional cost-saving measures with the City. Currently, the MCS Team has offered the City a fee breakdown with and without computer output from the model. The following is a summary fee breakdown by task: Task 1: Fire Sprinkler Curve Analysis (FSCA) Single Onsite FSCA Each additional FSCA Combination FSCA and FF A Additional Analyses, phasing, etc. Task 2: Fire Flow Analysis (FF A) Single Onsite FF A Each additional Hydrant 15 of 19 $1,200 without computer output $1,500 with computer output $300 without computer output $500 with computer output $2,200 with computer output Per Task Order, at an hourly rate as discussed below. $1,000 without computer output $1,200 with computer output $300 without computer output 619 .851 . 5178 jmael@missionconsultingsd.com www.missionconsultingsd.com June 15, 2021, Item #16Additional Analyses, phasing, etc. Task 3: Residential Water System Analysis Small Projects (1-4 lots) Medium Projects (5-30 lots) Large Projects (>30 lots) Additional Analyses, phasing, etc. Task 4: Water Availability Form Per Analysis (form plus graphic) Add Sprinkler curve $500 with computer output Per Task Order, at an hourly rate as discussed below. $1,500 without computer output $1,900 with computer output $2,000 without computer output $2,700 with computer output $2,450 without computer output $3,350 with computer output Per Task Order, at an hourly rate as discussed below. $300 (no computer output) $145 (graphic only) All fees listed above are lump sum. Additional tasks or other As Needed type services will be charged at the following rates on a per task basis. Please note that MSC does not currently charge a fee for subconsultants. $145/hour for MCS for all services $220/hour for Wood Rodgers QA/QC and/or other as needed services $175/hour for Wood Rodgers modeling assistance and other as needed services We appreciate this opportunity to work with the City. If you have any comments or questions, please feel free to contact me. Thank you again for considering this proposal. Sincerely, Project Manager 16 of 19 619 .851.5178 jmael@missionconsultingsd.com www.missionconsultingsd.com June 15, 2021, Item #16EXHIBIT "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) 17 of 19 (!)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 1 June 15, 2021, Item #16Cal 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. (t)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: 18 of 19 (l)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. 2 June 15, 2021, Item #16Cal 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 11 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)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 19 of 19 3