Item 14 - Approval of Agmt. with Hazen and Sawyer for Eng. Design Svc. for SDCWA POW-5 Turnout and Flow Control; RFP 21-017April 5, 2022, Item #14DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway April 5, 2022 Honorable Mayor and Members of the City Counc~ Eric Heidemann, Director of Public Works f Shadi Sarni, Principal Civil Engineer, Public Works 5.S. (858) 668-4717 or ssami@poway.org CITY COUNCIL Approval of Consultant Agreement between the City of Poway and Hazen and Sawyer for Engineering Design Services for the San Diego County Water Authority (SDCWA) POW-5 Turnout and Flow Control Facility Project, RFP No. 21-017 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. 1 of 31
April 5, 2022, Item #14The 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 pipeline 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 an interest to the SDCWA 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 August 2021, the City of Poway and the SDCWA entered into a Reimbursement Agreement for the design of the POW-5 Turnout and Flow Control Facility Project. In September 2021, Request for Proposals (RFPs) were posted for engineering design services of the POW-5 Turnout and Flow Control Facility Project (RFP 22-007). Proposals were received from Hazen and Sawyer and Infrastructure Engineering Corporation 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 22-017). Four proposals were received in January 2022. The proposals were received from Hazen and Sawyer, Infrastructure Engineering Corporation, Lee+Ro, and Michael Baker International. The proposals were evaluated by the evaluation panel that consisted of staff, consultants and a SDCWA representative. The two consulting firms that most closely met the selection criteria, Hazen and Sawyer and Infrastructure Engineering Corporation, were invited to interviews on February 23, 2022. The interview panel consisted of staff, consultants and a SDCWA representative. Hazen and 2 of31
April 5, 2022, Item #14Sawyer 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 SDCWA to finalize the scope and fee for the design services of the POW-5 Turnout and Flow Control Facility. 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 $867,391. This amount is approximately 12% of the total project budget. Recommended Action: It is recommended the City Council approve the Consultant Agreement with Hazen and Sawyer for Engineering Design Services for the SDCWA POW-5 Turnout and Flow Control Facility Project in the amount of $867,391, 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 SDCWA POW-5 Turnout and Flow Control Facility (Project WT040) for this request. Public Notification: None. Attachments: A. Consultant Agreement with Hazen and Sawyer Reviewed/ Approved By: Assistant City Manager 3 of 31 Reviewed By: Alan Fenstermacher City Attorney
April 5, 2022, Item #14City 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 Hazen and Sawyer (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform engineering design services for the SDCWA POW-5 Turnout and Flow Control Facility Project (Project); WHEREAS, Consultant is a(n) engineering design 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 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. 4 of 31 ATTACHMENT A
April 5, 2022, Item #145. 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. 5 of 31
April 5, 2022, Item #14"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: [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 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) 6 of31
April 5, 2022, Item #14years 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. 7 of31
April 5, 2022, Item #14(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. 8 of31
April 5, 2022, Item #14Consultant'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. 9 of31
April 5, 2022, Item #14Contractor 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. 26. Force Maieure Clause. The parties to the Agreement shall be excused from performance during the time and to the extent that they are prevented from obtaining, delivering or performing by act of God, fire, strike, loss, shortage of public transportation facilities, walkout or commandeering of materials, products, or facilities by the government provided that the nonperformance is not due to the fault of neglect of the ConsultanUsupplier. In such cases, however, satisfactory evidence thereof must be presented. (Remainder of page intentionally left blank) 10 of 31
April 5, 2022, Item #14IN 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 31 HAZEN AND SAWYER By: ___________ _ Kevin Alexander, Vice President Date: ------------
April 5, 2022, Item #14"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. B. 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 $867,391. 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. Unless otherwise indicated in the proposal form, payment terms will be net thirty (30) days. The City will pay the Consultant within thirty (30) days after the receipt of a correct invoice. 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: 12 of 31
April 5, 2022, Item #14(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. (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: 13 of 31 To City: City of Poway P.O. Box 789 Poway, CA 92074 To Consultant: Hazen and Sawyer 112 El Camino Real, Suite 102 San Diego, CA 92130
April 5, 2022, Item #14ATTACHMENT 1 City of Poway POW-5 Turnout and Flow Control Facility Project Scope of Work The purpose of the San Diego County Water Authority POW-5 Turnout and Flow Control Facility Project is to provide an alternate source of potable water for the City of Poway, as a supplement to or in lieu of the existing Berglund Water Treatment Plant. This scope of Work is based on the Scope of work included in the City's request for Proposals and the Kennedy Jenks Consultants (KJ) prepared City of Poway Treated Water Service Connection Facility Planning Study, dated March 12, 2021, for the Water Authority and City of Poway, Alternative 2 in which the Water Authority would provide up to 24 cfs of treated water to the City from a service connection to the Ramona Pipeline. The City will provide the California Environmental Quality Act documentation for both projects as part of a separate agreement for services, which is excluded from this Scope of services. The scope of work includes the following tasks: Task 1-Project Management and Meetings Coordination and communication between Consultant and City staff. Project management shall consist of: 1.1 Kickoff meeting: Attend project kick-off meeting with the City. Provide agenda and meeting minutes. 1.2 Project administration, in accordance with Chapter 1 & 2 of the Water Authority Design Manual Volume One including: Deviation procedures, issue resolution tracking and change management. Preparation of project schedule and monthly updates as specified. Monthly invoicing progress reports, and control of design costs. Project administration and coordination. Permitting. 1.3 Project quality assurance/quality control program, in accordance with Chapter 3 of the Water Authority Design Manual Volume One including: • Preparation of QA/QC Plan • Implementation and documentation of QA/QC reviews in accordance with Chapter 3 1.4 Risk management plan, in accordance with Chapter 11 of the Water Authority Design Manual Volume One, including prepare, implement, and monitor risk management. 1.5 Progress meetings (16) and reporting (monthly) including progress report, six-month look-ahead schedule, and agenda submitted two days prior to the meeting, and minutes submitted within 5 days after the meeting. 1.6 Public coordination and community outreach assistance, in accordance with Chapter 12 of the Water Authority Design Manual Volume One, including attendance at one (1) Town Hall public information meeting, preparation of public presentation material, and assistance in project presentation. 1.7 Water Authority Design Coordination Meetings: Conduct design coordination meetings and field visits with the Water Authority after submittal of the BOOR, Preliminary, Mid-Point and Final Design. Conduct one group POW-5 Turnout and FCF Scope of Work 14 of 31 Page I 1
April 5, 2022, Item #14and up to seven individual meetings, each 1.5-hours in length with Water Authority O&M discipline groups (Operations, Mechanical Maintenance, Facilities Maintenance, Rotating Equipment (it is assumed meeting with rotating equipment will not be required), Technical Services, SCADA, Asset Management, and Corrosion Control). Following the group meeting and prior to individual meetings, conduct a 2-hour field review meeting of the project site (4 total). It is assumed that each meeting will be attended by Jack Adam and Steve Carpenter. Group and electrical/SCADA meetings will also be attended by Alan Mlakar and Corrosion Control meeting will be attended by RF Yeager. Prepare responses to comments as required by the Water Authority. Task 2 -Data Collection and Review of Background Documents 2.1 Review the existing Planning Study and Preliminary Design Report, record drawings, maps, reports, and other documentation in accordance with Chapter 5 of the Water Authority Design Manual Volume One. 2.2 Utility coordination and potholing shall be provided by the Consultant in accordance with Chapter 5 of the Water Authority Design Manual Volume One. Perform potholing as required to support the design. Based on the KJ Planning study 6 potholes are included. Provide the surveying and coordination with utility companies to have the utilities marked out prior to potholing. Coordinate access within the City's property for the potholing activities. Task 3 -Field Investigations 3.1 Provide surveying and mapping in accordance with Chapter 6 of the Water Authority Design Manual Volume One. Including: • Research and review City of Poway, Water Authority and County of San Diego survey records, parcel maps, rights of way maps, records, and conceptual designs. • Establish ground control using the NAD83 horizontal datum and NGVD29 vertical datum per the City of Poway Survey Control. Survey will reference Record of Survey No. 17888 and 18154 prepared for the San Diego County Water Authority for their aqueduct alignment close to the project area. Survey will set sufficient durable markers within the project area for both additional surveying and future construction layout purposes. • Conduct a boundary survey to establish the location of existing easements and right-of-way. Perform a ground based topographic survey of the design area, including approximate 25-foot interval cross sections along Espola Road, grade breaks and all visible utilities. Survey will provide elevations in areas of improvement along proposed pipe alignments for plan profiling and tie in locations. Locate geotechnical borings and potholes. 3.2 Provide a geotechnical investigation and tomography survey as an integral part of the design of all proposed facilities. Provide a Geotechnical Report, Seismic Report and Hazardous Material Report (Phase I) in accordance with Chapter 8 of the Water Authority Design Manual Volume One. 3.2.1 Phase 1 Hazardous Materials Report Conduct a Phase I Environmental Site Assessment (Phase I ESA) study in general conformance with the American Society for Testing and Materials (ASTM) Standard Practice E1527 -13 and E2600 -10: Standard Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions, and will include the following tasks: • Information Review: Review publicly available records/files maintained by the State Water Resources Control Board (SWRCB) and the County of San Diego Department of Environmental Health Services (DEHS) which are available on the State of California Geo Tracker website for information pertaining to POW-5 Turnout and FCF Scope of Work 15 of 31 Page I 2
April 5, 2022, Item #14unauthorized releases at the project site and its immediate vicinity. Retain the services of Environmental Data Resources, Inc. (EDR), an independent database search company, to perform a search of pertinent Federal, State and local regulatory agency database records. The database search will be extended to a distance of 1.0 mile from the property boundary line. • Site Reconnaissance: Perform a visual reconnaissance of the site to observe current conditions and activities at the site and adjoining properties. Visual indicators of the use or storage of hazardous materials/wastes and potential contamination, such as soil stains, surface spills, stressed vegetation, or other evidence of potential hazardous materials-related conditions will be evaluated and recorded. This task does not include the collection of soil and/or groundwater samples for analytical (chemical) testing. Perform interviews with individuals with knowledge of cases/sites which are deemed to pose high risk to the project site. • Data Analysis and Reporting: Compile and evaluate data and prepare a written draft and final report. Address the presence of hazardous waste contamination sources along or in the immediate vicinity that could pose a potential hazard to the project site. The report will include all technical data gathered during the course of our study and our preliminary findings and recommendations for further investigation, if applicable, in areas where the presence of contaminated soil or groundwater conditions may exist. 3.2.2 Phase 1 Geotechnical Investigation • Field Reconnaissance, Planning, Permitting and Utility Clearance. o Perform tasks in preparation of the field exploration program, as follows: o Field reconnaissance to select suitable locations for the exploratory soil borings. o Prepare a boring location map for review and approval by the City. o Coordinate utility clearance of the proposed boring locations through Underground Service Alert (USA). o Obtain encroachment and traffic control permits from the City of Poway. o Obtain soil boring permits from the County of San Diego Department of Environmental Health Services (DEHS). o Perform seismic tomography survey of the project site to evaluate the extend and ripability of the underlying bedrock formation at the project site including performance of seismic P-wave refraction traverses at the site. Conduct two seismic lines with locations GPS mapped. • Field Exploration Program Perform field investigation consisting of one boring for the turnout service connection and one boring for the flow control facility for a total of two borings. The borings will be advanced to a depth of 25 feet below the existing ground surface (bgs). Borings will be conventional hollow-stem auger drilling method to the target depth. In the event that drilling refusal is encountered in the borings, depending on the nature of the refusal, the borings will be extended using HQ rock coring methods, air-or mud-rotary drilling methods to their target depths. The field investigation will be performed under the direction of an experienced field geologist or engineer from our firm. The soil materials encountered in the borings will be visually classified and logged, and representative samples of the soils will be collected for laboratory testing and analysis. During drilling, Standard Penetration Tests (SPT) will be performed with a specially manufactured POW-5 Turnout and FCF Scope of Work Page I 3 16 of 31
April 5, 2022, Item #14"split spoon" sampler at selected depths. Relatively undisturbed samples will be obtained by driving a 3-inch (OD) diameter standard California sampler with a special cutting tip and inside lining of thin brass rings into the soils at the bottom of the borehole. Soil cuttings retained in the samplers will be field screened for the possible presence of volatile organic compounds using an OVM. In addition, loose bulk samples will also be collected from each borehole. Rock cores will be taken in 5-foot runs. Each core run will be visually logged and photographed prior to placement in wooden core boxes for storage and transportation to the laboratory. Information on the photographs will include the boring identification number, run number, depth interval, percent recovery, and rock quality designation (RQD) index. Upon completion of the field exploration activities, the borings will be backfilled with bentonite chips and or slurry. Borings that are located in the paved public right-of-way will be repaired with hot mix asphaltic-concrete (A.c.) to match the adjacent pavement surface. The work area will be cleaned, and any excess soil will be removed for offsite disposal. This project is subject to compliance with Federal and/or State of California prevailing wage requirements. The core boxes with the cores (wooden in accordance with Water Authority Standards) will be delivered to the City of Poway for storage. • Geotechnical Laboratory Testing Geotechnical laboratory tests will be performed on selected soil samples to verify field classifications and to evaluate certain engineering characteristics. Laboratory tests will be performed in general conformance with the American Society for Testing and Materials (ASTM) or other generally accepted testing procedures. The testing program is anticipated to include the following: o In-place Moisture Content (ASTM D2216). o Moisture Content and Dry Density (ASTM D2937). o Wet Sieve Analysis (ASTM D422). o Atterberg Limits (ASTM D4318). o Compaction (ASTM Dl557). o Consolidation (ASTM D2435). o Direct Shear (ASTM D3080). o Expansion Index (ASTM D4829). o Unconfined Compression Test (UCS); and o Soil pH, resistivity, and soluble sulfate and chloride concentrations. • Engineering Analysis and Report Preparation Analyze the field and laboratory test data and prepare a written report to present a summary of our findings, including the final field and laboratory test results, along with opinions and recommendations. The report will address the following issues: o General surface and subsurface conditions. POW-5 Turnout and FCF Scope of Work Page I 4 17 of 31
April 5, 2022, Item #14o General geologic conditions and potential geologic hazards. o Site specific seismic analysis in accordance with CBC 2019 and ASCE 7-16. o Groundwater conditions, if encountered within the maximum depth of exploration. o Soil excavation characteristics. o Allowable soil bearing capacity and earth pressures. o Modulus of subgrade reaction. o Soil settlement characteristics. o Soil corrosivity characteristics. o Trenchless pipeline design recommendations; and o General construction-related considerations, including trench backfilling operations, temporary sloped excavations and shoring, and construction dewatering, if applicable. 3.3 Conduct soil corrosivity tests and prepare a corrosivity assessment report to design the corrosion protection system for the project. In accordance with Water Authority ESD-110 Corrosion Control Manual. Task 4 -Permitting and Regulatory Compliance 4.1 Permitting: Obtain the necessary permits for construction of the project, Fees associated with any permits or service applications will be paid by the City. Permits anticipated to be acquired or within the responsibility of the Consultant to provide documentation and support for the contractor, may include but are not limited to the following: • City of Poway -Right of Way Permit, Haul Route Permit and Grading Permit (plans and specifications to be prepared for the Contractor to obtain the permit). • City of Poway Conditional Use Permit (CUP) -If required for an above ground structure, prepare condition use permit application for review by the City of Poway including detailed site plan and conceptual grading plan. Illustrative Plans (site, floor and building elevations) are excluded and can be prepared on a time and materials basis if requested by the City of Poway. Permit fees are excluded and are assumed to be paid by the City of Poway. • State Water Resources Control Board -Stormwater and Groundwater Dewatering Discharge Permit (plans and specifications to be prepared for the Contractor to obtain the permit). • State Water Resources Control Board/City of Poway -Storm Water Quality Management Plan (SWQMP) Scope includes an SWQMP based on a standard project consisting new development less than 10,000 SF of new impervious surface and not discharging to an ESA. Hazen will coordinate with the City of Poway or other agencies as applicable to determine if any permits and requests for utility service are required and the Consultant shall make application for same. 4.2 Department of Drinking Water Coordination; Review with DDW requirements for amending the City Drinking Water Permit. • If required, prepare DDW pipeline separation waiver. Submit with Final Design submittal 4.3 Noise Impact Evaluation and Mitigation Services 4.3.1 Noise Impact Study: • Conduct an ambient noise baseline survey to evaluate existing noise conditions relative to the FCF located in a "residential/ sensitive11 zoned area within the City of Poway. POW-5 Turnout and FCF Scope of Work 18 of 31 Page I 5
April 5, 2022, Item #14• Evaluate the FCF noise impact(s) on the immediate (250-meter radius) area and provide graphical and quantitative analysis to assist in the design development. Two simulations will be completed including: 1) normal FCF operations (including plunger valve and ventilation equipment; and 2) construction activities. • Summarize the regulatory and noise ordinance requirements, ambient baseline conditions, noise computer simulations, for the FCF, operational acoustical abatement analyses, findings, and recommendations into a Noise Assessment Report. 4.3.2 Construction Noise Control Plan: Prepare a Noise Control Plan to mitigate construction noise and comply with noise control ordinances and regulations method of construction, equipment to be used, and acoustical treatments. It is anticipated as part of the Noise Control Plan noise criteria will be provided in specification format to "guide" the contractor noise abatement features without providing means and methods which may impede the Contractor construction plan and sequencing. 4.4 CEQA Support: Provide assistance with environmental compliance with the City's environmental consultant, in accordance with Chapter 10 of the Water Authority Design Manual Volume One and current federal, state, and local laws and regulations applicable to the project. Assistance consists of providing input to environmental consultant for project related technical issues to support CEQA but does not include preparation environmental studies included in Chapter 10 unless specifically included in this Scope of Services. 4.5 Traffic control plans are required to be prepared in accordance with Chapter 13 of the Water Authority Design Manual Volume One. Scope and fee for traffic control plans is included in Task 5. Task 5 -Design Prepare engineering plans and project specifications suitable for construction of the Water Authority Facilities. The plans and specifications shall be prepared in accordance with the Water Authority Design Manual Volume One -Design Contractor Guide and the Water Authority Design Manual Volume Two -Facility Design Guide and all applicable Water Authority design requirements. Provide design review submittals in accordance with Chapter 4 & 14 of the Water Authority Design Manual Volume One. The anticipated list of drawing as submittal schedule is as follows: Count Drawing Drawings Title/Description No. 1 G 1 Title Sheet 2 G 2 Vicinity and Location Map and General Notes 3 G 3 List of Drawings 4 G 4 Symbols and Abbreviations 5 C 1 Control Plan and Limits of Work POW-5 Turnout and FCF Scope of Work 19 of 31 Submittal Prelim. Mid/Final X X X X X X X X X X Page I 6
April 5, 2022, Item #14Count Drawing Drawings Title/Description No. 6 C 2 Grading Plan 7 C 3 FCF Civil Sections 8 C 4 Pipeline Plan and Profile 9 C 5 Civil Details -1 10 C 6 Civil Details -2 11 C 7 Civil Details -3 12 s 1 Structural General Notes 13 s 2 POWS FCF Bottom Plan 14 s 3 POWS FCF Top Plan 15 s 4 POWS FCF Sections and Details -1 16 s 5 POWS FCF Sections and Details -2 17 s 6 POWS Turnout Structure Bottom Plan 18 s 7 POWS Turnout Structure Top Plan 19 s 8 POWS Turnout Structure Sections and Details 20 s 9 Structural Standard Details -1 21 s 10 Structural Standard Details -2 22 s 11 Structural Standard Details -3 23 M 1 FCF Mechanical Plan 24 M 2 FCF Mechanical Sections and Details 25 M 3 Turnout Mechanical Plan and Sections 26 M 4 Mechanical Details -1 27 M 5 Mechanical Details -2 28 E 1 Legend and Symbols POW-5 Turnout and FCF Scope of Work 20 of 31 Submittal Prelim. Mid/Final X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Page I 7
April 5, 2022, Item #14Count Drawing Drawings Title/Description No. 29 E 2 General Notes 30 E 3 Electrical Site Plan 31 E 4 Single Line Diagram 32 E 5 Lighting and Grounding Plan 33 E 6 Power and Control Plan 34 E 7 Control One-Line 35 E 8 Panel, Conduit and Wire Schedules 36 E 9 Electrical Details - 1 37 E 10 Electrical Details - 2 38 E 11 Electrical Details -3 39 I 1 Symbols and Legend 40 I 2 Communication System Network Block Diagram 41 I 3 Control System Block Diagram 42 I 4 P&ID 43 I 4 Control Panel Layout 44 I 5 Control Panel Terminal Block Rail Assembly 45 I 6 Control Panel & PLC Wiring Diagram I 46 I 7 Control Panel & PLC Wiring Diagram II 47 I 8 Communications Cabinet Elevation 48 I 9 l&C Details 49 CP 1 Cathodic Protection Site Plan so CP 2 Cathodic Protection Details - 1 51 CP 3 Cathodic Protection Details - 2 POW-5 Turnout and FCF Scope of Work 21 of 31 Submittal Prelim. Mid/Final X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Page I 8
April 5, 2022, Item #14Count Drawing Drawings Title/Description Submittal No. Prelim. Mid/Final 52 CP 4 Cathodic Protection Details -3 X 53 CP 5 Cathodic Protection Details -4 X 53 CP 6 Cathodic Protection Details - 5 X 54 CP 7 Cathodic Protection Details - 6 X 55 L 1 Planting Plan X X 56 L 2 Planting Legends and Notes X 57 L 3 Planting Details X 58 L 4 Irrigation Plan X X 59 L 5 Irrigation Legend and Notes X 60 L 6 Irrigation Details X 61 L 7 Irrigation Details and Calculations X 62 TC 1 Traffic Control Title Sheet and General Notes X X 63 TC 2 Traffic Control Plans - 1 X X 64 TC 3 Traffic Control Plans - 2 X X 65 TC 4 Traffic Control Plans - 3 X X 66 TC 5 Traffic Control Plans - 4 X X 67 EC 1 Erosion Control Notes and Legend X 68 EC 2 Erosion Control Site Plan X 69 EC 3 Erosion Control Details X SDCWA Standards Drawings as Required. X Hazen will be required to provide a Basis of Design Report {BOOR), preliminary design submittal package, a mid-point design submittal package, a final design submittal package and then a construction document submittal. As part of the preliminary design submittal package, the Consultant shall evaluate and provide a recommendation for the FCF to be either an above-ground or below-ground structure. The City/Water Authority anticipates constructing the POW-5 Turnout and FCF Scope of Work 22 of 31 Page I 9
April 5, 2022, Item #14project separately under a single competitive bid contract. Owner-procured equipment is not anticipated for this project. Construction cost estimates and schedules at each submittal stage are required to be prepared in accordance with Chapter 15 of the Water Authority Design Manual Volume One and the Water Authority's Construction Cost Estimating Guidelines (ESD 260). Preliminary, mid-point and final Life cycle cost analysis and O&M manuals in accordance with Chapter 16 of the Water Authority Design Manual Volume One. SCADA and instrumentation and control systems are required to be provided in accordance with Chapter 6 of the Water Authority Design Manual Volume Two. Coordinate the design of the instrumentation and controls with the Water Authority staff who will perform SCADA integration programming during construction phase of the project. Corrosion protection for the Water Authority's facilities are required to be provided in accordance with the Water Authority's Corrosion Control Manual (ESD 110). Hazen will conduct soil corrosivity tests required to design the corrosion protection system for the project (Scope and Fee for corrosivity assessment report is included in Task 3). 5.1 Basis of Design Report: Prepare a BOOR in accordance with Section 4.3 of the Water Authority Design Manual Volume One. In addition to these requirements perform the following: • Review the Planning Study documents and engineering calculations, verify the planning assumptions and parameters, and adopt or modify them as necessary based on additional data and information obtained and the design development performed. • Evaluate an above ground versus below ground FCF and in consultation with Water Authority and the City of Poway make a recommendation on the preferred configuration. • Prepare conceptual traffic control strategy for review by the City in accordance with Section 13.4 of the Water Authority Design Manual Volume One. 5.2 Preliminary Design Submittal: Prepare a Preliminary Design Submittal in accordance with Section 4.4 of the Water Authority Design Manual Volume One. Confirm with the City/Water Authority preferred configuration (aboveground versus below ground) and prepare the Preliminary design drawings based on the adopted configuration. 5.2.1 Design Drawings -In accordance with the proposed list of drawings and in accordance with the requirements of Section 4.4.2 of the Water Authority Design Manual Volume One including: 5.2.2 Specifications -Table of Contents in accordance with Chapter 14 of the Water Authority Design Manual Volume One. 5.2.3 Construction Cost Estimate and Schedule 5.2.4 Life Cycle Cost Estimate and O&M Impact Analysis. 5.2.5 Operation and Maintenance Manual and Equipment List in accordance with Chapter 16 of the Water Authority Design Manual Volume One. 5.2.6 Calculations in accordance with Section 4.4.1 of the Water Authority Design Manual Volume One. In addition to the items listed above the submittal shall include the following in accordance with Section 4.4. • Investigation Reports. • Submit comments from BOOR as incorporated. POW-5 Turnout and FCF Scope of Work 23 of 31 Page I 10
April 5, 2022, Item #14• Approved Value Engineering comments incorporated. • Exceptions Report. • Complete process control strategies and tag numbers. • Lessons learned memorandum. • Transient analysis and surge control is required to be prepared in accordance with Chapter 9 of the Water Authority Design Manual Volume One. Coordinate with and review the hydraulic analysis performed by the City's other consultant during the planning study. Provide comments to the transient analysis report prepared by the City's forebay and pump station design consultant. It is assumed the level of effort will be limited to review of transient analysis performed by others and incorporation of surge mitigation measures into the design if required. 5.3 Mid-Point Design Submittal: Prepare a Mid-Point Design Submittal in accordance with Section 4.5 of the Water Authority Design Manual Volume One. 5.3.1 Design Drawings -In accordance with the proposed list of drawings and in accordance with the requirements of Section 4.5 of the Water Authority Design Manual Volume One. 5.3.2 Specifications -Complete specifications in accordance with Chapter 14 of the Water Authority Design Manual Volume One. Mitigation and monitoring report and environmental requirements to be provided by the City's environmental consultant. It is assumed Water Authority standard CSI technical specifications {Whitebook) will be used in conjunction with the City's bidding and contract standard specifications. Provide coordination between for the contract document. 5.3.3 Updated Construction Cost Estimate and Schedule. 5.3.4 Updated Life Cycle Cost Estimate and O&M Impact Analysis. 5.3.5 Design stage Operation and Maintenance Manual and updated equipment list in accordance with Chapter 16 of the Water Authority Design Manual Volume One. 5.3.6 Conformed Mid-Point Design Submittal in accordance with Section 4.6 of the Water Authority Design Manual Volume One In addition to the items listed above the submittal shall include the following in accordance with Section 4.5: • Updated Investigation Reports. • Exceptions Report. • Preliminary list of submittals. • Preliminary facility shutdown and tie-in plan. • Lessons learned memorandum. 5.4 Final Design Submittal: Prepare a Final Design Submittal in accordance with Section 4.7 of the Water Authority Design Manual Volume One. All comments from the review process outline in Section 4.7.1.1 through 4.7.1.3 shall be incorporated into the documents. 5.4.1 Design Drawings -In accordance with the proposed list of drawings and in accordance with the requirements of Section 4.5 of the Water Authority Design Manual Volume One including: POW-5 Turnout and FCF Scope of Work 24 of 31 Page I 11
April 5, 2022, Item #145.4.2 Specifications -Complete specifications in accordance with Chapter 14 of the Water Authority Design Manual Volume One. Mitigation and monitoring report and environmental requirements to be provided by the City's environmental consultant. 5.4.3 Final Construction Cost Estimate and Schedule. 5.4.4Final Life Cycle Cost Estimate and O&M Impact Analysis. 5.4.5 Design stage Operation and Maintenance Manual and final equipment list and equipment data sheets in accordance with Chapter 16 of the Water Authority Design Manual Volume One. 5.4.6 Permitting-Apply for and obtain permits. 5.4.7Conformed Final Design Submittal in accordance with Section 4.8 of the Water Authority Design Manual Volume One. In addition to the items listed above the submittal shall include the following in accordance with Section 4.7. • Final signed and sealed investigation reports. • Exceptions Report. • Final list of submittals. • Final facility shutdown and tie-in plan. • Lessons learned memorandum. • Complete process control strategies and tag numbers. • Transient analysis and surge control is required to be prepared in accordance with Chapter 9 of the Water Authority Design Manual Volume One. Review the hydraulic analysis performed by the City's other consultants during the planning study and adopt or modify analysis as required. It is assumed for this project the level of effort will be limited to review of transient analysis performed by others and incorporation of surge mitigation measures into the design if required. 5.5 Construction Document Submittal: Prepare a Construction Document Submittal in accordance with Section 4.9 of the Water Authority Design Manual Volume One. Task 6 -Land Acquisition Support Assist City/Water Authority staff in accordance with Chapter 7 of the Water Authority Design Manual Volume One. Assist City/Water Authority staff with creating a parcel for the FCF that will be granted from the City to the Water Authority. Included in this task is the preparation of the legal description and plats for the fee parcel, recordation and installation of monuments delineating the fee parcel, filing a Record of Survey, obtaining title reports, title insurance and performing a Phase I Environmental Site Assessment (Phase 1 ESA prepared under Task 3}. If required, the Consultant shall also prepare any necessary temporary construction easements. 6.1 Prepare Legal Descriptions and Plat Maps -Obtain title report and prepare plat maps and legal description for permanent property acquisition. Prepare documentation for temporary construction easement. It is assumed that one parcel is affected. 6.2 Prepare Grant Deed: Prepare Grant Deed, for execution by the City of Poway and the Water Authority. City of Poway to provide legal language for incorporation into Grant Deed based on agreement between the City and Water Authority for conveyance of the property. Excludes County and Recording Fees. 6.3 Set Monuments/Record of Survey -Once established, permanent property monuments will be installed at all corners of the parcel and a Record of Survey will be prepared and filed with the County of San Diego. Scope and fee excludes County fees and recording fees. POW-5 Turnout and FCF Scope of Work 25 of 31 Page I 12
April 5, 2022, Item #14Task 7 -Engineering Support During Bid Phase Following the submittal of the final design documents, Hazen will assist City/Water Authority staff in accordance with Chapter 18 of the Water Authority Design Manual Volume One. We will assist City/Water Authority staff in conducting a pre-bid meeting and tour of the project site; assist the City/Water Authority with responses to technical questions about the contract requirements from prospective bidders, subcontractors, and suppliers during the advertisement period; assist the City/Water Authority 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; assist the City/Water Authority in bid review and evaluation; and prepare conformed specifications and drawings based on all addenda issued. 7.1 Prebid Meeting and Site Tour: Prepare project presentation for prebid meeting and attend pre-bid site tour. 7.2 Questions During Bidding: Evaluate prebid questions and clarification requests and respond in writing. 7.3 Addenda: Prepare up to two (2) technical addenda responding to questions during biding. 7.4 Bid Review: Assist with bid review and prepare bid evaluation report. 7.5 Conformed Drawings: Prepare conformed drawings and specification incorporating all addenda items issued. Task 8 -Prepurchase of Equipment 8.1 Prepare up to four (4) prepurchase packages one each for the following • Plunger Valve • Tripple Offset Butterfly Valves (2 valves) • Full Port Ball Valve • Venturi Meter. Prepurchase package will utilize the Water Authority's standard template including bid form, product substitution, technical specifications, and general provisions. The City shall provide legal review and input to these documents. The City shall conduct the bidding process and procurement. 8.2 Question During Bidding: Evaluate pre-bid questions and clarification requests and respond in writing. 8.3 Addenda: Prepare one technical addendum for each procurement (4 total) responding to questions during biding. 8.4 Bid Review: Assist with bid review and prepare bid evaluation report. 8.5 Shop Drawings: Review shop drawings and submittals including technical submittal, O&M manual, and record documentation. Assume three submittals per pre-procurement package with one resubmittal. Task 9 -Optional Tasks 9.1 Architectural Drawings POW-5 Turnout and FCF Scope of Work 26 of 31 Page I 13
April 5, 2022, Item #14This task includes the preparation of architectural drawings and specifications in the event an above ground facility is selected for design. It is anticipated that four (4) architectural drawings and 12 technical specifications sections will be required if the above ground option is selected. POW-5 Turnout and FCF Scope of Work 27 of 31 Page I 14
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April 5, 2022, Item #14EXHIBIT "8" 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) 29 of 31 (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 #14Cal 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 (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. 30 of 31
April 5, 2022, Item #14Cal 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). 31 of 31