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Item 13 - Approval of Agmt. with Black & Veatch for Eng. Design Svc. for Poway Treated Water & Redundant Pipeling; RFP 21-016April 5, 2022, Item #13DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway April 5, 2022 Honorable Mayor and Members of the City Couf ii Eric Heidemann, Director of Public Works f Shadi Sarni, Principal Civil Engineer, Public Works5G (858) 668-4717 or ssami@poway.org CITY COUNCIL Approval of Consultant Agreement between the City of Poway and Black & Veatch Corporation for Engineering Design Services for the Poway Treated Water Facilities and Redundant Pipeline Project, RFP No. 21-016 To improve the reliability, redundancy and resiliency of the City of Poway's potable water system, the City is embarking on a significant capital improvement program referred to as the Water Infrastructure Improvement Program (Program). The Program includes substantial improvements to the ten (10) million-gallon storage reservoir (the Clearwell) at the Lester J. Berglund Water Treatment Plant (WTP), a new San Diego County Water Authority (SDCWA) treated water connection including a pump station, a forebay and a redundant transmission pipeline providing redundancy to the existing single transmission pipeline on Lake Poway Road. The Program has been discussed at City Council meetings on a number of occasions. The Program was brought to the City Council as an informational item, to provide updates and to request approval of the various components on March 18, 2020; June 16, 2020; October 20, 2020; November 17, 2020; March 16, 2021; April 20, 2021;June 1, 2021;July 20, 2021 and August 17, 2021. Over the past several years, the City has been engaged in planning efforts to augment its water supply with an additional source to provide a more robust system, making it possible to operate under various conditions. Currently, the City receives raw water from the SDCWA, a wholesale water supplier, and treats it at the WTP. The SDCWA Poway 5 (POW-5) Turnout and Flow Control Facility Project and the Poway Treated Water Facilities and Redundant Pipeline Project constitute the two projects that will provide the City with its first treated water connection with the SDCWA and the infrastructure needed to supplement the water treated at the WTP and allow for operational flexibility. These two projects will also provide the opportunity to take the aging treatment plant offline for future maintenance and repairs without interruption to water service which will ensure a longer useful life for the plant. The SDCWA POW-5 Turnout and Flow Control Facility will be owned, operated and maintained by the SDCWA once constructed. The Poway Treated Water Facilities Project consists of a transmission 1 of 37 April 5, 2022, Item #13pipeline on Espola Road from the new Flow Control Facility to a proposed pump station at the Lake Poway Road lower parking lot, the pump station, a forebay tank and a redundant transmission pipeline parallel to the single pipeline on Lake Poway Road from the proposed pump station to the Clearwell. This project will be owned, operated and maintained by the City of Poway. On August 6, 2019, the City communicated to the SDCWA an interest in a connection to their treated water aqueduct in a letter from the Mayor, which would give the City an additional water source. The SDCWA supported the City's interest and discussions began between the two agencies. In late November 2019, shortly after notifying the SDCWA of the City's interest in a treated water connection, the City experienced an event with water quality and a precautionary boil water advisory was issued. In April 2020, the City entered into an agreement with the State Water Resources Control Board, Division of Drinking Water (DDW) with mutually agreed upon actions. One of the actions agreed upon was for the City to pursue a treated water connection with the SDCWA. Since the City had already communicated the request for this connection to the SDCWA, the agreement with DDW elevated the City's Program for safe and reliable water to be of utmost priority. In September 2020, the SDCWA's Board of Directors authorized the City's request for a treated water service connection study. In November 2020, the City of Poway and the SDCWA entered into a Reimbursement Agreement for a Planning Study to evaluate the new treated water service for the City of Poway. In March 2021, the SDCWA and the City completed the Treated Water Service Connection Facility Planning Study, referred to as the Planning Study. The study recommended construction of POW-5 Flow Control Facility that will include a new treated water turnout structure on the Ramona Pipeline. At the March 2021 Board of Directors meeting, the SDCWA approved the location of POW-5 near the Ramona Pipeline terminus. In conjunction with pursuing this alternative, the SDCWA will also conduct an analysis for the feasibility of converting one of the pipelines in the First Aqueduct from raw water to treated water. If this approach proves feasible, the City will be able to receive treated water from this pipeline and the need to construct POW-5 will be eliminated. This study will be included in the SDCWA's 2023 Regional Water Facilities Master Plan Update. While the SDCWA is undergoing this study, the City will continue with the design of POW-5, in order to remain in compliance with the terms of the mutually agreed upon agreement with DDW. Discussion: In September 2021, Request for Proposals (RFPs) were posted for engineering design services of the Poway Treated Water Facilities and Redundant Pipeline Project (RFP 22-006). A Proposal was received from Lee+Ro Water Infrastructure Engineers on November 3, 2021. Due to the low number of proposals received for a project of this complexity, staff conducted additional outreach and re-posted the RFPs in December 2021 (RFP 22-016). Five proposals were received in January 2022. The proposals were received from Black & Veatch Corporation, Stantec, Lee+Ro Water Infrastructure Engineers, Dudek and Michael Baker International. The proposals were evaluated by the evaluation panel that consisted of staff and consultants. The two consulting firms that most closely met the selection criteria, Black & Veatch Corporation and Stantec, were invited to interview on February 23, 2022. The interview panel consisted of staff, consultants and a SDCWA representative. Black & Veatch Corporation was selected by the interview panel as the most qualified engineering consultant to perform the design work. Staff and the Kennedy Jenks Program Manager worked closely with the 2 of37 April 5, 2022, Item #13design consultant to finalize the scope and fee for the design services of the Poway Treated Water Facilities and Redundant Pipeline Project. The design will be implemented according to the scope of services and fee schedule in the Consultant Agreement (Attachment A), for a not to exceed fee of $1,755,596. This amount is approximately 9% of the total project budget. Recommended Action: It is recommended the City Council approve the Consultant Agreement with Black & Veatch Corporation for Engineering Design Services for the Poway Treated Water Connection and Redundant Pipeline Project in the amount of $1,755,596, per the outlined terms of the Consultant Agreement and authorize the City Manager to execute the necessary document. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Sufficient funds are budgeted in the Capital Improvement Fund Program Poway Treated Water Facilities and Redundant Pipeline Project (Project WTR0028) for this request. Public Notification: None. Attachments: A. Consultant Agreement with Black & Veatch Corporation Reviewed/ Approved By: Assistant City Manager 3 of37 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager April 5, 2022, Item #13City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 5th day of April, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and Black & Veatch Corporations (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform engineering design services for the Poway Treated Water Facilities and Redundant Pipeline Project (Project); WHEREAS, Consultant is a(n) engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 4of37 ATTACHMENT A April 5, 2022, Item #135. 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. The documents prepared by Consultant under this Agreement are intended only for the purpose for which they are prepared, any re-use of the documents for any other purpose will be at the City's sole risk and without liability to Consultant. Nothing contained in this paragraph shall be construed as limiting or depriving Consultant of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Consultant. 5 of37 April 5, 2022, Item #139. 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. "Consultant" means an individual who, pursuant to a contract with a state or local agency: 6 of37 (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: 1:8J 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. Department Director April 5, 2022, Item #1310. 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) 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, "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, 7 of37 April 5, 2022, Item #13and 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. (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. 8 of37 April 5, 2022, Item #1318. 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. 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 9 of37 April 5, 2022, Item #13agreements, 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. Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 10 of 37 April 5, 2022, Item #13IN 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: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 11 of 37 BLACK & VEATCH CORPORATIONS By:------------Kevin N. Davis, P.E., Vice President Date: ___________ _ April 5, 2022, Item #13"SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the engineering design services further described in the Scope of Services submitted with the proposals dated January 26, 2022, 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. 8. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated January 26, 2022, which are included in this document as Attachment 2. Total fee is not to exceed $1,755,596. 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 April 5, 2022, and ending July 31, 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. 12 of 37 April 5, 2022, Item #13(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: 13 of 37 City of Poway P.O. Box 789 Poway, CA 9207 4 Black & Veatch Corporations 300 Rancheros Drive, Suite 250 San Marcos, CA 92069 April 5, 2022, Item #13ATTACHMENT 1 SCOPE OF SERVICES Design Services for the Treated Water Facilities Project (Project No. WTR0028) Summary of General Proiect Improvements The purpose of the Treated Water Facilities Project is to provide an alternate source of potable water for the City, as a supplement to or in lieu of the existing Berglund Water Treatment Plant. The new source of potable water is provided from the SDCWA, via the POW-5 Turnout and Flow Control Facility Project. The Treated Water Facilities Project will consist of the following major components: ■ 4,300 LF of 36" diameter pipeline from the POW-5 Flow Control Facility (FCF) to the Forebay Tank/Booster Pump Station, including connections to Poway's existing pipeline facilities. ■ Demolition and removal of the existing pump station facility adjacent to Lake Poway Road. ■ 850 LF of 36" diameter pipeline from the Pump Station/Forebay Tank to the Clearwell bypass pipeline, including a metering facility and water quality sampling station. ■ 50'x38' pump station building, with (4) four pump units and appurtenant facilities, including standby emergency power. ■ 323,000 gallon forebay tank, 50' diameter by 24' wall height, type to be determined. ■ A new 300 lbs/day Onsite Generation Sodium Hypochlorite System (OSG) to be located within the Pump Station building. SCOPED TASKS 1. PROJECT MANAGEMENT AND MEETINGS 1.1 Project Administration -Consultant shall provide overall project administration including the preparation of a Summary Progress Report to be provided with each invoice. The Summary Progress Report shall include a status report by task and subtask breakdown, a brief description of the work performed, cost status (original budget, current invoice, cost to date, remaining budget, percent budget, and percent of project completed to date), schedule update, and potential issues. 1.2 Design and Construction Schedules -Upon Notice to Proceed, Consultant shall prepare and submit a design schedule. The schedule shall include major elements including but not limited to design submittals, field activities, meetings, permitting activities, etc. Updates to the design schedule will be submitted monthly with the progress report. Upon completion of the 50% design submittal, Consultant shall prepare and submit an anticipated construction schedule. Updates to the construction schedule will be submitted with each major design submittal (90% Ii] BLACK & VEATCH 1 of 12 14 of 37 April 5, 2022, Item #13and 100%). The Consultant shall recommend any required phasing of construction, if required for the completion of this project. 1.3 Project Quality Assurance/Quality Control Program -Prepare and submit an overall project quality assurance/quality control (QA/QC) program. Perform QA/QC on all deliverables in accordance with the program during the duration of the project. The QA/QC plan will be in accordance with BV standards. 1.4 Management Support and Presentations -Provide overall management support and presentation for attendance of one (1) Town Hall public information meeting. 1.5 CEQA Coordination -Consultant shall provide coordination and assistance with the City's CEQA consultant. Information provided will focus on technical engineering and construction aspects of the project. 1.6 Progress Meetings and Reporting -Consultant will schedule to meet with the City staff and their representatives on a monthly basis and conduct a bi-weekly project status telephone conference. In addition, a project Kickoff meeting and subsequent design review meetings will be conducted. A breakdown of the planned meetings are summarized below. Due to ongoing COVID-19 safety concerns all meetings are currently planned to be conducted utilizing teleconference technology. 1.6.1 Kick-Off /Pre-Design Meeting -At this meeting, the City will discuss the project schedule and the design parameters with the Consultant. The kickoff workshop shall also serve to establish design objectives and procedures for the project. The Consultant will introduce the project team to City Staff. Meeting duration is two (2) hours. 1.6.2 Monthly Meetings -Consultant will prepare for and attend monthly progress meetings with City staff to provide project updates and discuss major items. Meeting duration is one (1) hour and will continue over the duration of the design schedule. 1.6.3 Bi-Weekly Status Calls -Consultant shall attend bi-weekly project status conference calls to discuss project updates and major items. Meeting duration is ½ hour and will be attended by Consultant's Project Manager and Engineering Manager. 1.6.4 Supplemental PDR Meeting -This meeting will be held to review the draft Supplemental PDR or Basis of Design Report (BODR). Three (3) weeks prior to this meeting, the Consultant shall provide the City with a digital submittal of the BODR for City review and comment. Meeting duration is two (2) hours. 1.6.5 50% Design Meeting -This meeting will be held to review the drawings and specifications at the 50% design completion stage. Three (3) weeks prior to this meeting, the Consultant shall provide the City with a digital submittal through Bluebeam and four (4} hard-copy sets of plans (half size) and specifications for City review and comment. These plans shall show the proposed Forebay Tank, Booster Pump Station, the proposed final grading plan, ~ BLACK&VEATCH 2 of 12 15 of 37 April 5, 2022, Item #13the pipeline alignment in plan view and all potholing required to complete the design for the project. Meeting duration is four (4) hours. 1.6.6 90% Design Meeting -This meeting will be held to review the drawings and specifications at the 90% design completion stage. Three (3) weeks prior to this meeting, the Consultant shall provide the City with a digital submittal through Bluebeam and four (4) hard-copy sets of plans (half size) and specifications for City review and comment. Meeting duration is four (4) hours. 1.6.7 100% Design Meeting -This meeting will be held to review the drawings and specifications at the 100% design completion stage. Three (3) weeks prior to this meeting, the Consultant shall provide the City with a digital submittal through Bluebeam and four (4) hard-copy sets of final plans (half size) and specifications for City review and comment. Meeting duration is four (4) hours. Task 1 BV Assumptions: • Design schedule duration of 19 months. • Bid phase services schedule duration of two (2) months. • All permit fees will be paid for by the City (applies to all Tasks in this scope of services). • Preparation of meeting agendas and minutes is performed under each individual meeting task. 2. DATA COLLECTION, REVIEW OF BACKGROUND DOCUMENTS AND BASIS OF DESIGN REPORT 2.1 Review Existing Documentation -Review the existing Preliminary Design Report, record drawings, maps, reports and other documentation as applicable for the design of the new facilities. 2.2. Prepare Basis of Design Report -The Consultant shall review the existing Preliminary Design Report documents and engineering calculations, verify the planning assumptions and parameters, and adopt or modify them as necessary based on additional data and information the Consultant gathers and the detailed design the Consultant performs. Consultant's shall be responsible to make the project function as intended. The Basis of Design Report shall provide the necessary information prior to the start of the 50% design, including, but not limited to, design criteria, architectural design of the pump station building, evaluation of using steel or concrete for the forebay tank, an initial pump selection, recommendation for emergency power generation, etc. 3. FIELD INVESTIGATIONS 3.1 Additional Surveying -Building upon the surveying data prepared by O'Day Consultant for the Preliminary Design Report, the Consultant shall provide any additional survey work as required to prepare the design. For budgeting purposes, one additional day of survey work has been included. Consultant shall coordinate data points required for design purposes, including but not limited to: northings, eastings and elevations for existing paving, manholes, existing water mains, water cans, storm drain inlets, size of storm drain inlets, all utility markings, power ~ BLACK&VEATCH 3 of 12 16 of 37 April 5, 2022, Item #13pole numbers, electrical box numbers, iron pipes and lead and disks, driveway size and material, and other appurtenances within the site. Existing utility locations shall be marked/painted prior to scheduling the field survey. The field survey data shall be incorporated into the base map drawings. 3.2 Utility Investigation and Potholing-Potholing of existing utilities that may be in conflict with this design will be performed. Pavement and utility mark-out repairs from the potholing activities shall be performed in accordance the requirements of the City of Poway Right-of-Way Permit. The Consultant shall also provide the survey and coordinate with utility companies to have the utilities marked out prior to potholing. The Consultant shall also be responsible for coordinating access within the City's property for the potholing activities. For budgeting purposes, 10 potholes have been included. Pothole information will be surveyed and incorporated into the design documents. 3.3 Geotechnical Investigations -Building upon the existing geotechnical information noted in the RFP documents, the Consultant shall provide a geotechnical investigation as an integral part of the design of all proposed facilities. The Consultant shall evaluate subsurface conditions which will influence bearing capacities, expansiveness and settlement potential. The level of effort involved shall be sufficient to enable the Consultant to ascertain significant over-excavation, backfill compaction, corrosion protection, hazardous materials investigation, seismic and other special requirements, and provide design criteria for recommended foundation design, groundwater control, pipe bedding and pavement design. The Consultant shall provide a soils report, prepared by a registered geotechnical engineer in the State of California, for the project describing test methods, results and conclusions. The geotechnical report will also include soil corrosion information to aid in the pipeline and corrosion protection system design. For budgeting purposes the Consultant shall provide the following: • Two (2) borings to an approximate depth of 30 feet, or refusal, within City right-of-way along the pipeline alignment • One (1) boring to an approximate depth of 30 feet, or refusal, at the pump station site • Two (2) rock coring's near the San Diego County Water Authority Aqueduct crossings, within City right-of-way. Tensile and compression tests will be completed on the rock coring samples. • Installation of monitoring well within one (1) of the rock coring's and monitoring for two (2) months • One (1) seismic refraction at the pump station site • One (1) test pit at the pump station site, to a depth of 12 feet to evaluate the fill and older alluvium. Work includes asphalt patching. • One electronic draft report and two (2) hard copies of the final geotechnical report will be provided. The City reserves the right to review and comment on the draft report before it is considered finalized. • Pavement and utility mark-out repairs shall be in accordance with the City's right-of-way permit ~ BLACK&VEATCH 4 of 12 17 of 37 April 5, 2022, Item #133.4 Phase 1 Hazardous Materials Report -The Consultant shall provide a Phase I Hazardous Material Report for the existing pump station facility demolition. The Phase 1 analysis will include testing of asbestos and lead paint as well as a vapor encroachment screening. A Phase II Hazardous Material Report is excluded from the scope of services and will be negotiated separately if required. Task 3 BV Assumptions: • 40' scale topo with one-foot contours will be developed. • One day of additional field survey will be provided to supplement existing survey information. • Boundary survey and construction staking not included. • All permit fees will be paid for by the City. • One electronic draft report and one hard copy final geotechnical/hazardous material reports will be provided. The City reserves the right to review and comment on the draft report before it is considered finalized. 4. PERMITTING AND REGULATORY COMPLIANCE 4.1 Permitting Coordination -The Consultant shall obtain the necessary permits and provide assistance with environmental compliance in working with the City's environmental consultant. Permits anticipated to be acquired by the Consultant or deemed to be within the responsibility include the following: 4.1.1 City of Poway Conditional Use Permit-Develop applicable information and complete permit forms. Submit permit package at City offices. 4.1.2 City of Poway Grading Permit -Develop applicable information and complete permit forms. Submit permit package at City offices. 4.1.3 City of Poway Building Permit -Develop applicable information and complete permit forms. Submit permit package at City offices. 4.1.4 City of Poway Right of Way Permit -Develop applicable information and complete permit forms. Submit permit package at City offices. 4.1.5 City of Poway Haul Route Permit -Plans and specifications to be prepared for the Contractor to obtain the permit. Submit at City offices. 4.1.6 State Water Resources Control Board / City of Poway -Storm Water Quality Management Plan (SWQMP) -This effort includes development of the drainage report, BMP plan with calculations and the SWQMP report. 4.1.7 State Water Resources Control Board -Stormwater and Groundwater Dewatering Discharge Permit (plans and specifications to be prepared for the Contractor to obtain the permit). This effort includes development of erosion control plans and the SWPPP report, also well as support in getting the project entered into the State of California SMARTS website. 4.1.8 San Diego County Water Authority (SDCWA) Encroachment Permit -This effort includes development and submittal of the SDCWA Encroachment Permit for the two ~ BLACK & VEATCH 5 of 12 18 of 37 April 5, 2022, Item #131st Aqueduct Pipeline crossings including all applicable drawings, specifications and calculations. 4.2 Noise Impact Study -The Consultant shall conduct a noise impact study for the both the construction and operation phases of the project and recommend noise reduction measures including, but not limited to, erection of sound walls at the project site during construction. The study shall also recommend design elements for the operation of the pump station to meet City of Poway noise ordnance requirements. Task 4 BV Assumptions: • All permit fees will be paid for by the City. • City Public Works Department will help with development/process of all City permits. • One (1) review meeting for each City permit to review City comments is budgeted. • Two (2) review meetings to review SDCWA comments is budgeted. • One electronic copy of the draft Noise Impact Study will be provided. Upon receipt of City comments, the report will be finalized and one electronic copy and three (3) hard copies will be provided. 5. DESIGN (50%, 90%, and 100%) 5.150% Design, 5.2 90% Design, and 5.3 100% Design -The Consultant shall prepare engineering plans and project specifications suitable for construction of the Treated Water Facilities. The plans shall be prepared in accordance with City's standards. Submittals to the City are required at the following points during the design process: 50%, 90%, and 100%. The Consultant shall coordinate with the City to utilize Bluebeam to provide review comments for the design plans. At each stage, draft plans and specifications shall be submitted to the City for review and input. The Consultant shall incorporate the City's comments into the subsequent submittal or provide a written explanation of why the comments cannot be incorporated. This task will culminate in bid-ready contract documents for the Treated Water Facilities Project. The plans shall show the existing property lines, public rights-of-way, easements, utilities, construction access, construction work areas and construction staging areas. It will be the Consultant's responsibility to contact public utilities to determine and verify the location of their utilities within the project area. The pump station site plan and pipeline plan/profile sheets shall be drawn at an appropriate scale on D size mylar sheets (24" x 36"). The Consultant shall provide a complete set of contract documents using the City's standard forms for the Notice Inviting Bids, General Provisions, Bidding Requirements and Contract Forms and using the CSI format for Supplemental Contract Conditions, Supplemental Division 1 General Requirements, and Division 2 through 17: Technical Specifications. The Consultant will be required to modify the Contract Forms and the Supplemental Contract Conditions and General Requirements to comply with all City requirements. The City anticipates constructing the project under a single competitive bid contract. Landscaping and irrigation system modifications and improvements at the pump station site will be proposed by the Consultant and included in the design documents. A budget allowance of $13,000 has been included for development of landscape plans. ~ BLACK & VEATCH 6 of 12 19 of 37 April 5, 2022, Item #13General -Preparation of general drawings including site map, vicinity map, general notes, legend, abbreviations and equipment/piping/valve schedules. Civil/Site/Demolition -Preparation of civil site plans to show demolition, grading and paving, horizontal control, drainage, yard piping, suction and discharge piping plans and profiles, and all detailing required for a complete civil site design. Preparation of civil plan and profile for the new water transmission main. As applicable, attention should be paid to corrosion protection of buried piping. Site survey data and existing utility information will be identified. Task 5.1, 5.2, and 5.3 General/Civil/Site/Demolition Assumptions: • Primary civil improvements (drawings and specifications) required for the following: o Pipeline plan and profiles. o If a trenchless crossing is required at the Water Authority southern pipeline crossing it is assumed to be a bore and jack crossing. Effort associated with this type of crossing is included in this fee effort. o Pump station site, including site improvements, tank and generator locations, grading, drainage, and horizontal control. o Yard piping. o Civil details. o Equipment, pipe and valve schedules. o Demolition of existing pump station. o Stormwater design shall be in accordance with City requirements. Effort to design drainage and permanent BMPs are currently included in this fee estimate. Storm Water Quality Management Plan and Prevention Plans will be developed under Task 4.1 above. Submittals for applicable permits will be covered under Task 4.1 above. • Standby generator for the pump station will be located outdoors and integral sound enclosure. • Corrosion control for buried metallic pipelines will be designed in accordance with City and WAS standards. Corrosion information will be obtained from the geotechnical soil samples to help determine the applicable corrosion protection system. Structural/Architectural -The structural design shall include all necessary plans, elevations and detailing required to construct a new pump station building, tank, generator pad, pre-cast flow meter vault and other applicable project items. The consultant will submit structural calculations. Due to the location of the pump station, architectural components shall focus on cost effective solutions such as CMU block building with sloped or flat roof. Task 5.1, 5.2, and 5.3 Structural/Architectural Assumptions: • The pump station will be contained to one single story CMU block building with sloped or flat roof, with up to two different interior rooms (pump room and electrical room). A bathroom is not proposed and is not part of this scope. • Architecture features will be minimal and accomplished with use of architectural CMU block finishes and proper roof material selection. Exterior material colors will be coordinated with the City. Color renderings and building material color boards (typically ~ BLACK&VEATCH 7 of 12 20 of 37 April 5, 2022, Item #13prepared for public outreach) are not anticipated to be required and can be provided as additional services if requested by the City. • LEED certification of the pump station building is not part of this scope. • Pump removal and other heavy equipment removal will occur through roof access hatches, including fall protection system. The building will include roll-up door access to allow a typical maintenance vehicle to back into a portion of the pump room for smaller equipment removal. An interior monorail may be provided if determined needed during preliminary design in coordination with the City. • Flow meter vault will be a pre-cast structure, accessible via access hatch and vertical ladder, and will include hatches to remove the flow meter. Mechanical -Piping design shall comply with Hydraulic Institute Standards and Water Agencies' Standards (www.sdwas.com). The drawings shall include mechanical plans and sections, detailing, and required schedules (e.g., piping schedule). Task 5.1, 5.2, and 5.3 Mechanical Assumptions: • Two ventilation systems will be provided (AC for electrical room and exhaust fans for the pump room). A fire protection / sprinkler system is not anticipated to be required, nor included. • Single standby generator will be sized to accommodate pump station operation (pumps and building systems). • The flow meter vault will be a basic precast structure and is anticipated to include a single ladder with access hatch, additional lifting hatches to allow flow meter removal, passive ventilation (supply and return vents), a pre-cast sump region with a french drain system, pipe supports and appurtenances, an interior light, and receptacle. Stairs, active (electric) ventilation system, extensive lighting and sensors / alarms, and sump pump are not proposed, and design of these improvements can be provided as additional services if requested by the City. Chemical -Design a new 300 lbs/day onsite sodium hypochlorite generation system per applicable codes and standards. Equipment will include onsite generation equipment, storage equipment and meeting equipment. The primary onsite generation equipment will include the electrolytic cells and rectifier. Salt and water, in the form of brine, and electricity will pass through the electrolytic cells to make 0.8% sodium hypochlorite solution and hydrogen gas. The brine will be made by mixing softened water and food grade salt in a brinemaker. The brine is then transferred to the electrolytic cells. Hydrogen dilution blowers will be provided to safely discharge the hydrogen gas byproduct to the atmosphere. The 0.8% sodium hypochlorite solution will exit the electrolytic cells and into storage tanks. Metering pumps will pull sodium hypochlorite from the tank and deliver it to the application points. Task 5.1, 5.2, and 5.3 Chemical Assumptions: • The OSG is assumed to be located within the new pump station building. If it is decided during design to locate the OSG within the existing storage building, no overall building HVAC improvements will be required, other than installation of hydrogen dilution blowers to safely discharge the hydrogen gas byproduct to the atmosphere. In addition, only ~ BLACK&VEATCH 8 of 12 21 of 37 April 5, 2022, Item #13minor revisions/improvements will be required for structural, architectural and electrical to house the new system within the existing storage building. • No fire protection is assumed to be required for the chemical storage tied to the system. If fire protection is determined to be required during design, it will be performed as an additional service to be authorized by the City. Electrical and Instrumentation -The electrical feed shall be coordinated with San Diego Gas & Electric (SDG&E) requirements. Electrical plans shall include, but not limited to: single line diagram; control schematics; lighting, power and receptacle plans; conduit and fixture schedules; equipment elevations, and electrical details. Special attention shall be given to contract requirements for the contractor to perform short circuit, coordination and arc flash studies of electrical equipment. Instrumentation design shall be based on the requirement to operate pump station locally or remotely through the City's SCADA system. Instrumentation drawings shall include a process control and instrumentation diagram {P&ID), instrument list and details. The City shall furnish consultant with standardized control schematics (i.e. ladder diagrams) for pump control and motor protection logic. Task 5.1, 5.2, and 5.3 Electrical and Instrumentation Assumptions: • Short Circuit Coordination and Arc Flash studies will be the responsibility of the contractor during construction and requirements will be noted in the specifications. • Power service to the new flow meter vault shall be provided from an existing nearby control panel or the new pump station facility. • Radio telemetry or a fiber optic cable will be provided for communication with the new POW-5 FCF. Traffic Control -Traffic control plans shall be developed for construction impacts to Espola Road and Lake Poway Road, including intersections. Plans shall be designed in accordance with all applicable standards including City of Poway and the Work Area Traffic Control Handbook. Plans shall be submitted for approval by the City as noted under Task 4.1.1. For budgeting purposes 40 sheets have been assumed. Procurement Package -If determined necessary during design advancement, Consultant will work with the City to develop one (1) procurement package to obtain selected equipment in advance of the overall construction bid. The package will include applicable drawings and specifications for equipment identified to be pre-procured within a single bid package. The package will be utilized to obtain bids from vendors who shall supply all equipment specified in the package. Consultant will coordinate with City on use of standard City front ends and/or purchase order documents to be combined as part of the procurement package. This effort includes answering questions during the bid process and development of up to two (2) addendums. Task 5 Deliverables: At each intermediate design stage {SO, 90, and 100%) deliver to the City for review four (4) sets of half-size drawings and four (4) sets of bound hard copy Specifications and one set searchable PDF (single file containing all sections) for review. ~ BLACK&VEATCH 9 of 12 22 of 37 April 5, 2022, Item #13Following the Final Design Meeting, the Consultant shall provide the following: • Original plans and specifications to the City ready for City signatures. In addition, provide one PDF copy of the plans and specifications. The finished set of construction documents shall become the property of the City. • Provide one PDF copy and one hard-copy set of all calculations, correspondence, and reports for the City files. • Provide CAD-based system drawing files in native file format. 5.4 Construction Cost Estimate -The Consultant shall provide a detailed estimate for the cost of construction including an estimated or recommended time for construction for the 50%, 90%, and 100% design submittals. BV Task 5.5 Assumptions: • Three total cost estimate deliverables {50%, 90%, and 100%). • Each cost estimate will be submitted within two (2) weeks of the design submittal date to allow for final determination of the construction cost matching the project elements contained in the submittal. • All opinions of probable construction costs developed will follow the recommendations of the Association for the Advancement of Cost Engineering (AACE) International Recommended Practice No. 18R with regard to methodology and accuracy. Since Consultant has no control over the cost of labor, material, or equipment furnished by others not under contract to Consultant, Consultant's opinion of probable cost for construction of the work will be made on the basis of experience and qualifications as an Engineer. Engineer does not guarantee or warranty that proposals, bids, or actual project costs will not vary from Consultant's opinions of probable cost. • The cost opinion level of accuracy presented by Consultant will be in accordance with accepted industry guidelines and as defined by AACE. The cost opinion will be of Class 3, Class 2 and Class 2 accuracy for the 50%, 90%, and 100% OPCC, respectively. 5.5 Surge Analysis - A surge analysis will be conducted to determine what type of surge protection devices shall be required for the new project components. Sizing and locations of air release and vacuum valves is included in this effort. However if a mechanical surge system (i.e. tank) is required, design of that type of system would be done as an additional service upon approval by the City. 5.6 System Integration Coordination -The Consultant will be required to coordinate the design of the instrumentation and controls for the project with the City's authorized Instrumentation System Integrator: South Coast Automation Systems, Inc. 22765 Savi Ranch Parkway, Suite D Yorba Linda, CA 92887 Attn: Mike Schmidt, {714) 874-4728 msschmidt@acas-inc.com ~ BLACK&VEATCH 23 of 37 10 of 12 April 5, 2022, Item #13BV Task 5.6 Assumptions: • The City of Poway will have a separate contract with South Coast Automation Systems for programming and other modifications to the City's SCADA system. • The City or System Integrator will provide the following during design: ■ Any example schematics for standard pump control ■ Definition of which types of interlocks should be hardwired at the VFD versus interlocks that are part of PLC logic ■ List of standard 1/0 that should be communicated between the VFD and the PLC ■ Preferred method of communication between protection equipment, VFD, and PLC, e.g. hardwired, Ethernet, fieldbus, or combination thereof 5.7 Coordination with SDCWA POW-5 and FCF -The Consultant will be required to coordinate the design of the Treated Water Facilities Project with the design engineer for the SDCWA POW-5 Turnout and FCF project. 6. ENGINEERING SUPPORT DURING BID PHASE 6.1 Pre-Bid Meeting -Assist City staff in conducting a pre-bid meeting and tour of the project site. For budgeting purposes this effort is assumed to last four (4) hours and shall be attend by the Consultant's Project Manager and Engineering Manager. 6.2 Response to Questions -Assist the City with responses to technical questions about the contract requirements from prospective bidders, subcontractors, and suppliers during the advertisement period 6.3 Addenda Preparation -Assist the City in preparing written responses to requests for information or clarification, addenda to the contract documents during the advertisement period to clarify and revise project requirements. For budgeting purposes two (2) addendum are assumed. 6.4 Bid Review and Evaluation -Assist the City in bid review and evaluation. Consultants review/evaluation shall be provided in a brief summary letter. 6.5 Prepare Conformed Specifications and Drawings -Consultant shall prepare conformed specifications and drawings based on addenda issued. BV Task 6 Assumptions: • Engineering Support During Bid Phase duration is two (2) months. AS. ADDITIONAL SERVICES The following activities are considered additional services and can be provided upon agreement with the City for the budget indicated in this proposal: Additional Service No. 1: Fire Protection System -If determined necessary during the design phase, the Consultant shall design a fire protection system associated with the pump station building and OSG system referenced above. This work includes: 1) evaluation of local building and fire codes to determine fire protection and life safety requirement for the pump station ~ BLACK & VEATCH 11 of 12 24 of 37 April 5, 2022, Item #13building; 2) prepare fire suppression system performance spec; 3) prepare fire suppression system drawing; 4) evaluate fire hydrant requirements; and 5) participate in applicable meetings. BV AS.1 Assumptions: ■ It is assumed that no fire protection consultant is involved that would require extra coordination ■ Adequate water supply and pressure is assumed to be available from the existing system, thus a booster pump system would not be required ~ BLACK&VEATCH 12 of 12 25 of 37 April 5, 2022, Item #13N ..., a w ..., 1.1 • Project Admirillrallon 1.2-Design and~- 1.3 -QA/QC Program 1.4 • Monoaom■nl Support and Pr■Nnl-- 1.5 -CEO.A Coordination 1.15-Pn>preu MHllr,ga■nd Roporti)a 1.6.1 -Kickoff/Pre-Dnlpn Meeting 1.11.2-MontNyMelllnp 11,., .-, 111rcu1111on1 1.6.3 • 81-Wooldy St1tuo c• (bl--•kt,,, 112 hr duration) 1.15.4 • Spmental PDR MNti'la 1.6.5. 50'11, Deliqn Meeting 1.15.15 • 11()'11, Duign MNti'la 1.6.7 -100'11, Dooign Meeting 21 -Revtew Ext.ting Docwnerl:ation 2.2. Prapan, Balla of Design Ropo,t 3.1 • Additional Surveying 3.2-Ulltylrwolllgallon..iP- 3.3 -Geolechric:al lnvollig1tion 3.4-1'1-.N I Hazanloul Maloriall R"""" 4.1 -Permitting Coordination 4.1.1-ClyorPo•y~lonolU..Porml 4.1.2 • City or PoMy Griding PormN 4.1.3 • Cly of Po•y 111-..i Porml 4.1.4. City or Po-y ROW PorrnN 4.1.5 • Cly of Po•y ._.. Ro.to Ponnl 4.1.6. SWRCB/CNy of Po.,,.y SWQMP 4.1.7 • SWRCB SWIGW Ollct,a_rgo Ponnl 4.1.8 -SDCWA Encroachment Perml 4.2--lmpac!Study 5.1-50'11,0~n 5.1.1-~Plllno 5.1.2 -50'11, Specs 5.2-90'11,_J)e~ 5.2.1 • 90'11, Plona 5.2.2-11()'11,saec. 5.3. 100'11, Design 5.3.1 -1()()'11,Plllno 5.3.2 -1()()'11, ~c• 5.4 -Co.-.truction Cost Estlm1tes 5.4.1 • 50'11, COIi Elllmate 5.4.2 -90'11, Cost Eotlm■te 5.4.3. 1()()'11, COIi Elllmllo 5.5-S~ 5.15· Syotom lnl!9!!'or~n 5.7. Coordination wffh SOCWA POW-5 and FCF 6.1 • Pre-Bid Mooting 15.2• R-1• 0111-. 6.3 -Addenda Prep■r■tk>n (2 addenda) 15.4 • Bid Rovlow and E••-Support 6.5 -Pr~pare Conformed SpecificaOons and Dr■'Mngs Tolal,Hours !Total, ..... AS.1 -Fire Protection System lor P1111p Station BJ«k&VH tchPropr;.JaryandConfid.,,tiel ..:,00 ISTMl,T9G ---I 3 I I i I .. 8 ii t1 ! ~ u ! i l ~ I I if d: !i!l u 1120.ao S1IO.IIO 1150.IIO $110.DO 12«1.IIO 1120.IIO 1141.IIO S200.IIO '220.DO s,l . l l l l .. 1 ... 1 ml 171) :zeal 401 441 111 10 I I 1,121 I el.NO I t1.MO I 11,at • -I ,.-. .. -I 1._ • 1, .... ATTACHMENT 2 SUITOTAL, .U■TOTAL, -1 lI l "] l -1 r~~ ..... -· l ! ~ ... ,,.._, .. , 11 ghl i~ ! • • f I TOTAL d bH~ d i 1 ! u rm ~-. 132 • 24.540 ""ii . • 12-3N . --• • --JO • 1.-• • • 7.330 -44 I U1e I II • t.310 "° • ·-. 21111 II • 1.734 JZ • --. • • I-IO • ,..... • • 1•-41 I --· 200 • • i.m !50 • 10 200 $ 600 $ 600 I 1-. 12.044 IO I 11.114 I 21111 $ IOO $ 600 • 1--• 12.044 rm ~· -$ 600 $ 600 • 1.290 S 12- 121 I • 25.541 494 11 II I . • 11.211 14 • Ul'I • $ 6,030 • I.Jl2 I 1.102 .. ,. 7 $ l.015 $ 35.300 I --· "44,205 ... •-S 7 ◄,900 • .,.,.. . ea.ses 14 I 2.JIO I $ 1.500 . I 1.575 ''"' ,. . ...,. . -• I I.IJO "° • 1~ 200 . • 7,770 72 • 18-. 200 I I 13,838 32 S 1190 I -$ 2,◄00 • z-I 1,910 32 • ..190 • 200 I I .,3911 31 • 1-200 I 25.000 . ·-· 33.400 31 • 1-200 I 15.000 • 111'0 I 22.NO 54 I 10-200 I I 1O.2eo 32 I ·-I 19.000 I 11-S 2U!50 1,7J5 I 211-1-I 6.00Q' 2.!500 $ 2.500 S 14,000 I --· 301,173 ◄77 I -~ 1-$ 1.000 $ 1.000 $ 1,000$ 3,000 • ·--. ...... 1,499 I 24Ul7 I 1-I ◄,000 $ 3,000 S ◄·.ooo s 9,000 • 11-S 285,407 510 I 111120 I 1-I I.COO$ 1.500 S 1.000 S 1.500 . •~ I 117.170 en 11 --. 1.-I 2.000 1 620 S 7!50 $ 2.000 . 1.-I 107.711 239 • a.111 • 1.-$ 1.000 I 500 I 250 $ 1.000 • I.NI . 47.501 IO • 11 . • 19,010 142 I M-. I 34,030 •• • --. • • 20,NO 11◄ I 2 ... 1,. • • 2◄ ,110 2& • .... . . • 8,910 42 I 10190 I . I 10,190 10 • -. 200 • I 2,120 12 • 1 l'II • I 1,000 S 1.200 I 500 I 500 . ·-. 11.013 ao • 1-I 1.000 I 500 I 1na 1 17,403 12 I -. I I 2,NO 111 I 1•• I 1.000 500 I 1,111 1 20.333 1.040 • 1.-.-• 11,M . -. -.-I 21,121 I 11,NO I M,7IO .... -. 27"211 . •.-.- 163 I .,,.,. ' • I I I I I I • • 11 11,111 P~2of2 April 5, 2022, Item #13N 00 ~ 0..lfn Schedule w Cityof P-ay " 11.FP No. 22-016 l>flign Services for the Treated Water FacHltin Project ID Task Name Duration Start )Finish Predecessors :2023 2024 Odays ·Mon.4/11/22 -.. -~ I ... , Ap~ ,..J May .l. Jun Jul L Aug Sep Oct Nov Dec j Feb "" Ap, May Jul I Aug Sep l Oct Nov o" 1 Notice to Proceed Mon 4/11/22 2 i Task 1 -Project Mana1ement and MHtln1s 439 days Mon4/11/22 Thu 12/14/23 1.1-Kickoff Meeting 0 days Mon 4/18/22 Mon 4/18/22 lFS+S days 1.2 -Project Administration 352 days Mon 4/11/22 Tue 8/15/23 1 5 1.3 -Design and Construction Schedules 287 days Mon 4/18/22 Tue 5/23/23 3 1.4 -QA/QC Program 287 days Mon 4/18/22 Tue 5/23/23 3 1.5 -Management Support and Presentations 287 days Mon 4/18/22 Tue 5/23/23 3 1.6 -CEQA Coordination 434 days Mon 4/18/22 Thu 12/14/23 3 1.7 -Pr01ress MHtin1s and Raportln1 341days Fri 4/15/22 Tue 1/15/23 1.7.1-Monthly Meetincs 342 days Fri 4/15/22 Tue 8/1/23 3 ·c · ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ 1.7.2 -Weekly Status Calls 347 days Mon 4/18/22 Tue 8/15/23 3 I ' 1.7.3 -Kickoff/Pre-Design Meeting Odays Mon 5/2/22 Mon 5/2/22 3FS+l0 days ♦ 5/2 1.7.4 -Supplemental PDR Meeting Odays Fri 8/5/22 Fri 8/5/22 37FS-1 day r 31 1.7.5 -50% Design Meeting Odays Fri 11/25/22 Fri 11/25/22 SlFS-1 day 1 11/25 32 1.7.6 -90% Design Meeting Odays Fri 3/17/23 Fri 3/17/23 SSFS-1 day 1 3/17 33 1.7.7 -100% Design Meeting Odays Fri 6/9/23 Fri 6/9/23 59FS-1 day ♦ 6/9 34 Task 2 -Data Collection, BOOR IOdays Mon4/18/22 Fri 1/5/22 35 2.1 -Review Existing Documentation 10 days Mon 4/18/22 Fri 4/29/22 36 2.2 -Prepare Basis of Design Report 55 days Mon 5/2/22 Fri 7/15/22 35 37 City Review of BODR 15 days Mon 7/18/22 Fri 8/5/22 36 38 Task 3 -Field lnwst11atlons &Odays Mon 5/2/22 Fri 7/22/22 39 3.1-Additional Surveying 20 days Mon 5/2/22 Fri 5/27/22 35 40 3.2 -Utility Investigation and Potholing 60days Mon 5/2/22 Fri 7/22/22 35 41 3.3 -Geotechnlcal Investigation 30days Fri 5/6/22 Thu 6/16/22 35 42 3.3.1 -Corrosion Report 15 days Mon 5/2/22 Fri 5/20/22 35 43 3.4 -Phase I Hazardous Materials Report 30 days Mon 5/2/22 Fri 6/10/22 35 44 Task 4 -Permittin1 and Regulatory Compliance 240days Mon 5/2/22 Fri 3/31/23 45 4.1 -Permitting Coordination 240days Mon 5/2/22 Fri 3/31/23 35 46 4.2 -Noise Impact Study 40days Mon 5/2/22 Fri 6/24/22 35 47 Task 5 -Desl1n 221 days Fri 1/5/22 Fri 6/9/23 48 5.1-5°" Design IOdays Mon 8/8/22 Fri 11/25/22 49 5.1.1 -50% Plans 60days Mon 8/8/22 Fri 10/28/22 30FS+l day 50 5.1.2 -50% Specs 60days Mon 8/8/22 Fri 10/28/22 30FS+l day 51 City Review of 50% Design 20 days Mon 10/31/22 Fri 11/25/22 49,50 52 5.2 -9°" Design IOdays Mon 11/21/22 Fri 3/17/23 53 5.2.1 -90% Plans 60days Mon 11/28/22 Fri 2/17/23 31FS+l day 54 5.2.2 -90% Specs 60days Mon 11/28/22 Fri 2/17/23 31FS+l day 55 City Review of 90% Design 20days Mon 2/20/23 Fri 3/17/23 53,54 56 5.3 -100% DHiln &Odays Mon 3/20/23 Fri 6/9/23 57 5.3.1-100% Plans 40days Mon 3/20/23 Fri 5/12/23 32FS+l day 58 5.3.2 • 100% Specs 40days Mon 3/20/23 Fri 5/12/23 32FS+l day 59 City Review of 100% Design 20days Mon 5/15/23 Fri 6/9/23 57,58 60 5.4 -Construction Cost Estimates 150 days Mon 10/31/22 Fri 5/26/23 61 5.4.1 -50% Cost Estimate 10 days Mon 10/31/22 Fri 11/11/22 49,50 62 5.4.2 • 90% Cost Estimate 10 days Mon 2/20/23 Fri 3/3/23 53,54 63 5.4.3 -100% Cost Estimate 10 days Mon 5/15/23 Fri 5/26/23 57,58 64 5.5 -Surge Analysis 70 days Fri 8/5/22 Thu 11/10/22 30 65 S.6 -System Integrator Coordination 180 days FriS/5/22 Thu 4/13/23 30 66 5.7 -Coordination with SDCWA POW-5 and FCF 180 days Fri 8/5/22 Thu4/13/23 30 67 Task 6 -EncinHrinc support Durlnc Bid Phase 50 days Fri 12/15/23 Thu 2/22/24 68 6.1 -Pre-Bid Meeting 0 days Thu 1/4/24 Thu 1/4/24 56FS+l48 days ..... 1/4 69 6.2 -Response to Questions 27 days Fri 12/15/23 Mon 1/22/24 56FS+l34 days 70 6.3 -Addenda Preparation 27 days Fri 12/15/23 Mon 1/22/24 56FS+l34 days 71 6.4 -Bid Review and Evaluation Support 20 days Fri 1/26/24 Thu 2/22/24 70FS+3 days 72 6.5 -Prepare Conformed Specifications and Drawings 20 days Tue 1/23/24 Mon 2/19/24 70 ! .. Page 1 April 5, 2022, Item #13Poway Spec List ■IJPJ1jl•11ili ·!!!1'1!!9•!!!1!!'!!111Hl!!!• .. ,O·■-DESCRIPTION 1 1070 Abbreviations of Terms and Organizations 1 1110 Summary of Work 1 1140 Work Restrictions & Constraints 1 1300 Submittals Procedures 1 1310 Construction Progress Schedule 1 1320 Construction Progress Documentation 1 1380 Construction Photographs 1 1400 Quality Control 1 1500 Temporary Facilities 1 1610 General Equipment Stipulations 1 1611 Meteorological and Seismic Design Criteria 1 1612 Product Delivery Requirements 1 1614 Product Storage and Handling Requirements 1 1615 Equipment and Valve Identification 1 1620 Equipment Schedule 1 1630 Pipeline Schedule 1 1650 Startup Requirements 2 2050 Demolition 2 2200 Excavation and Fill for Structures 2 2202 Trenching and Backfilling 2 2512 Asphaltic Concrete Paving 2 2675 Cleaning and Disinfection of Water Pipelines 2 2702 Gravity Pipe Installation and Testing 2 2704 Pipeline Pressure and Leakage Testing 2 2810 Irrigation 2 2832 Chain Link Fence 2 2900 Planting 3 3100 Concrete Forming 3 3200 Concrete Reinforcing 3 3230 Earthquake Cables 3 3260 Concrete Joints and Accessories 3 3255 Tank Wall Base and Top Joint 3 3290 Joints in Concrete 3 3300 Cast-in-place Concrete 3 3600 Grout 4 4200 Masonry 5 5210 Steel Joint Framing 5 5312 Steel Roof Decking 5 5313 Steel Form Decking 5 5520 Handrailing, Guardrailing, and Ladders 5 5530 Grating 5 5550 Anchorage in Concrete Masonry 5 5990 Structural and Miscellaneous Metals 7 7510 Built-Up Bituminous Roofing 29 of 37 31 CITY OF POWAY I TREATED WATER FACILITIES PROJECT RFP NO. 22-016 BLACK &VEATCH April 5, 2022, Item #13l•n•~ml•JII 8 8110 8 8331 8 8510 8 8700 9 9940 10 10200 11 11060 11 11140 11 11530 11 11727 11 11910 13 13110 13 13190 13 13500 13 13510 13 13520 13 13530 13 13550 13 13591 13 13561 13 13562 13 13563 13 13570 13 13580 13 13590 13 13715 13 13750 13 13755 14 14621 15 15010 15 15020 15 15060 15 15062 15 15064 15 15065 15 15067 15 15070 15 15091 15 15097 15 15099 15 15101 15 15104 15 15108 15 15140 15 15180 DESCRIPTION Steel Doors and Frames Overhead Coiling Aluminum Doors Steel Windows Hardware Protective Coatings Louvers and Vents Equipment Installation Vertical Turbine Pumps Hypochlorite Generation System Liquid Chemical Feed System Engine Generators Cathodic Protection System Fiberglass Reinforced Plastic Chemical Storage Tanks Instrumentation and Control System Computer System Hardware Computer System Software Programmable Logic Controllers Software Control Block Descriptions Metallic and Fiber Optic Communication Cable and Connectors Panel Mounted Instruments Flow Instruments Pressure and Level Instruments Panels, Consoles, and Appurtenances Uninterruptible Power Supply Network Systems Disinfection of Structures and Large Pipelines Tightness Testing of Structures Cleaning and Disinfection of Structures Monorail Chain Hoists Valve Installation Miscellaneous Piping and Accessories Installation Miscellaneous Piping and Pipe Accessories Steel Pipe Stainless Steel Pipe, Tubing, and Accessories Miscellaneous Steel Pipe, Tubing, and Accessories Miscellaneous Plastic Pipe, Tubing and Accessories Copper Tubing and Accessories Miscellaneous Ball Valves Diaphragm Valves, Chemical Pressure Reducing Valves AWWA Butterfly Valves Resilient Seated Gate Valves Air Valves Pipe Supports Valve Actuators 32 cn¥c:WP8.NAY I TREATED WATER FACILITIES PROJECT RFP NO. 22-016 BLACK & VEATCH April 5, 2022, Item #1315 15400 Plumbing 15 15500 Heating, Ventilating and Air Conditioning 15 15990 Testing, Adjusting, and Balancing 16 16050 General Electrical 16 16100 Electrical Equipment Installation 16 16150 Adjustable Frequency Drives 16 16610 Uninterruptible Power Supply System 16 16725 Electronic Security Equipment 31 of 37 33 CITY OF POWAY I TREATED WATER FACILITIES PROJECT RFP NO. 22-016 BLACK &VEATCH April 5, 2022, Item #13Proposed Drawing List Ni=11•■ IIJN1i:Ja;• G 1 G 2 G 3 G 4 D 5 D 6 C 7 C 8 C 9 C 10 C 11 C 12 C 13 C 14 C 15 C 16 C 17 C 18 C 19 C 20 C 21 C 22 C 23 C 24 C 25 C 26 C 27 C 28 L 29 s 30 s 31 s 32 5 33 s 34 s 35 s 36 s 37 s 38 s 39 s 40 s 41 s 42 s 43 s 44 s 45 DESCRIPTION Cover, Vicinity Map, Drawing List General Notes & Shutdown Coordination General Legends, Symbols, and Abbreviations General Sectional Perspectives Demolition Plan Existing Pump Station Demolition Reference Photos Existing Pump Station Civil Site and Grading Civil Horizontal Control and Data Civil Yard Piping Plan Civil Section Piping Profile Civil Discharge and Interconnection Piping Profiles Pipeline Plan and Profile Pipeline Plan and Profile Pipeline Plan and Profile Pipeline Plan and Profile Pipeline Plan and Profile Pipeline Plan and Profile Forebay Piping Details Forebay Overflow Plan and Section Suction and Discharge Pipeline Connection Details Civil Sections Perimeter Wall Details Civil Details 1 Civil Details 2 Civil Details 3 Civil Details 4 Civil Details 5 Civil Details 6 Landscaping and Irrigation Plan and Details Structural Typical Notes Structural Loading Criteria Structural Legends & Abbreviations Standard Concrete Joint Details Standard Concrete Reinf Details Typ Hollow Core Details Standard Concrete Masonry Reinforcement Structural Concrete Masonry Lintel and Jamb Reinforcement Details Structural Typical Metal Deck and Steel Joist Details Guardrail & Handrailing Details Pipe Support Details (non expansion) Structural Operating Floor Plan Structural Foundation Floor Plan Structural Roof Framing Plan Structural Forebay Foundation Floor Plan Structural Forebay Roof Framing Plan S 46 Structural Sections 34 CIT~iPidlrAY I TREATED WATER FACILITIES PROJECT RFP NO. 22-016 BLACK &VEATCH April 5, 2022, Item #1335 111'111:llil s 47 s 48 A 49 A 50 A 51 A 52 A 53 A 54 A 55 H 56 H 57 H 58 p 59 p 60 p 61 M 62 M 63 M 64 M 65 M 66 M 67 M 68 M 69 M 70 M 71 E 72 E 73 E 74 E 75 E 76 E 77 E 78 E 79 E 80 E 81 E 82 E 83 84 85 86 87 88 89 90 91 33 of 37 DESCRIPTION Structural Sections and Details 1 Structural Sections and Details 2 Architectural -Booster Pump Station Architectural -Booster Pump Station Architectural -Booster Pump Station Architectural -Booster Pump Station Architectural -Booster Pump Station Architectural -Booster Pump Station Architectural -Booster Pump Station HVAC Legend, Abbreviation and General Notes HVAC Pump Station Floor Plan HVAC Details, Schedules and Sequence of Operations Plumbing Legend, Abbreviation and General Notes Plumbing Pump Station Floor Plan Plumbing Details and Schedules Mechanical Pump Station Plan Mechanical Pump Station Sections 1 Mechanical Pump Station Sections 2 Mechanical Valve Vaults Mechanical Engine Generator Section & Schematic Mechanical Plan -Sodium Hypochlorite Generation, Storage, and Feed System Mechanical Plan -Sodium Hypochlorite Generation, Storage, and Feed System Mechanical Sections -Sodium Hypochlorite Generation, Storage, and Feed System Mechanical Details 1 Mechanical Details 2 Electrical Legend Electrical Abbreviations and Notes Electrical Site Plan and Ductbank Sections Electrical MCC One-Line Diagrams Electrical PLC One-Line Diagrams Electrical Miscellaneous One-Line Diagrams Electrical Booster Pump Station Power and Lighting Plans Electrical Vault and Generator Power and Lighting Plans Electrical Lighting Fixture, Panelboard, and Ductbank Schedules Electrical Miscellaneous Details Electrical Cable and Conduit Schedules Electrical Title 24 P&ID Legends and Abbreviations Sheet 1 of 3 P&ID Legends and Abbreviations Sheet 2 of 3 P&ID Legends and Abbreviations Sheet 3 of 3 P&ID Forebay Storage Tank P&ID Booster Pump Station 1 of 2 P&ID Booster Pump Station 2 of 2 P&ID Engine Generator P&ID Sodium Hypochlorite Generator System CITY OF POWAY I TREATED WATER FACILITIES PROJECT RFP NO. 22-016 BLACK &VEATCH April 5, 2022, Item #1336 111!111:llil 92 93 94 95 96 97 98 CP 99 CP 100 TC 101 TC 102 TC 103 TC 104 TC 105 TC 106 TC 107 TC 108 TC 109 TC 110 TC 111 TC 112 TC 113 TC 114 TC 115 TC 116 TC 117 TC 118 TC 119 34 of 37 DESCR I PTIOf'l P&ID Sodium Hypochlorite Generator System P&ID Sodium Hypochlorite Generator System P&ID Sodium Hypochlorite Storage System P&ID Sodium Hypochlorite Feed System Instrumentation Installation Details Control Block Diagram Enclosure Details Cathodic Protection Details Cathodic Protection Details Traffic Control Plans -Title Sheet TCP 1 of 18 TCP 2 of 18 TCP 3 of 18 TCP 4 of 18 TCP 5 of 18 TCP 6 of 18 TCP 7 of 18 TCP 8 of 18 TCP 9 of 18 TCP 10 of 18 TCP 11 of 18 TCP 12 of 18 TCP 13 of 18 TCP 14 of 18 TCP 15 of 18 TCP 16 of 18 TCP 17 of 18 TCP 18 of 18 CITY OF POWAY I TREATED WATER FACILITIES PROJECT RFP NO. 22-016 BLACK &VEATCH April 5, 2022, Item #13EXHIBIT "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 of960 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) 35 of 37 (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 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. April 5, 2022, Item #13Cal Gov Code § 7522.56 (2) A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f) A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: (1) The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A) Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B) For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C) For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3) The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4) The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (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 (t) 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 ofthe Education Code. 36 of 37 April 5, 2022, Item #13Cal Gov Code § 7522.56 (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). 37 of 37