Cities Index.
Agenda packet

Poway City Council
April 5, 2022

Document
Agenda packet
Meeting
April 5, 2022
Body
Poway City Council
Pages
8
Original file
498 KB
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 5th day of April 2022, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the 19th day of April 2022, by the following vote, to wit:

AYES:

NOES:

ASSET:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
4of7
April 5, 2022, Item #10
RR-C RS-4
co
RS-4
I ----------1~
0 70 140
- -- -
5 of7
280
Feet
RC-8

CITY OF POWAY
Zoning I Location Map
Item: Aria Estates Open
Space Boundary Adjustment
ATTACHMENT 8
April 5, 2022, Item #10
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surveying
6 of7
1619
296-5565
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PARCEL
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ATTACHMENT
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TPLAT

DANES ROAD
SCALE:
1"
=
50'
SITE
PLAN
JOB.

NO.
16-006
SHEET:
1 OF
1 April 5, 2022, Item #10

16.16 .. 110
Re
linqu
ishment
of
ded
icated
open
space
1 etc.
10 SHARE
A
n
easement
or
fee
inte
est
fn
real
property
dedrcated
or
offe
red
for
dedication
to
the
City
tor
open
space
, trai!I
or
other
pub
lic
recreation
pu
rpose
shall
be
vacated
, re~
inqui
s
edl
, abandoned,
. released,
so
ldi, enc
umber
ed
, or
otheM1se
t~ansferred
or
conve
11ed
free
of
such
limitatlon
exce
pt
y ord
i · ance
approved
by
a four
-fifths
vote
of
he
City
Coun
cil with
he
following
dings
:

1. The
purpose
of
the
release
or
transfer
is
to
pem1n
the
property
to
be
used
for
a va
lid pu'tJ
lic purpose
, incl
iuding,
but
not
lim
ited
to
. publ
ic streets
or
drainage
facilit
ies
: or

2. The
p:roperty
is
being
exchanged
for
property
of
equal
or
greater
size
and
qualify
for open
space,
trail
or
other
pub
lic
recreation
use
, and
is being
transferred
tot
e City
concurrent
with
the
transfer
of
the
subject
property.

B. Any
ordinance
adopted
by
the
City
Counc
il pu~porting
to
ame
d or
repeal
the
ordina
ce
codified
in
his
secUo
or
purporting
to
vacate
,, relinqursh,
abandon
, release
, sell
, encumber
, or
. therw
ise
tra
sfer
or
convey
an
easeme
·tor
fee
in
e
est
r.n
real
pro
erty
dedtcated
or
offered
for
ded
ication
to
the
City
for
open
space.,
trail
o
other
public
recrea
ion
purpose
without
a municipal
election
s
all be
a legijs
lative
ac
su
bJec
to refer end
m
and
s
.all
be su
:bject
to j dic
ia I rev
iev,
by
"',
It of
mand
·ate
.

G.

This
sect
ion
sha
ll app
'.ly to
all
earSement
or
fee
interest
in
rea
l property
he
ld
or
owned
by the
City
for
open
s
ace,
tra
il or
o her
publf
c recrea
i'.on
purp
ose
\ he
ther
such
interes
was
acqu
ired
, by
the
Ci y
rough
t
e subdivision
pr. cess
or
then;,
·se ..

D.

The
City
Manage
is
aut
.orrzed
to
pre
are
and
reco
rd int
e
record
titr
e of
open
space
ded
icated
or
offered
for
dedication
to
the
C~ty
a declaration
of
rest
· ctions
identiffing
th.e lim1tations
placed
y this
section
. pon
he
transler
or
rel~nq
uishmen
t of
such
open
space.

E
In th
e eventthat
any
portion
of
th~s
P,r tc

16.16.110
is
dec
lared
by
a court
of
co
1pete
ntju
·sdiction
to
be
inval
id.
such
portron
shall
be
severa
bte from
aH
other
ortions
of
thts
secUon
. Those
port
ions
no
dec1ared
invalid
sha
ll remain
in
fun
foroe
and
effe
t
{Om.
189
§
1,
1986)
7 of7

ATTACHMENT
D
April 5, 2022, Item #11
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
April 5, 2022
Honorable Mayor and Members of the City Council
Aaron Beanan, Director of Finance .

Brad Rosen, Assistant Director of Finance Operations ~
Brad Rosen, Assistant Director of Finance Operations
(858) 668-4452 or [email protected]

CITY COUNCIL
Approval of Agreement Between the City of Poway and Crayon Software Experts LLC and the California Department of Technology (CDT) for the Purchase of Microsoft Product and Services, and Appropriation of Funds The City's current three-year Microsoft Enterprise Agreement (EA) which provides software licensing for all computers, servers, databases, and Office 365 applications (Outlook, Word, Excel, Teams, One Drive, SharePoint) expires on April 30, 2022. As such, the City needs to renew its agreement. An agreement with Crayon Software Experts utilizing the State of California Department of Technology (CDT) Enterprise Level Agreement (ELA) for Microsoft 365-G5 licenses and a Microsoft Select Plus Agreement for server and database licensing is the most cost-effective solution available.

The Microsoft 365-G5 licensing includes Microsoft's best security products including advanced threat protection, identity protection, cyber security, voice, information archiving and data analysis tools. The agreement includes all upgrades distributed by Microsoft and consolidates the City's software purchases at a reduced cost while streamlining the software license management and accounting process.

Recommended Action:

It is recommended that the City Council authorize the City Manager to execute an agreement with Crayon Software Experts LLC utilizing the CDT contract for a four-year Microsoft 365-G5 ELA and a three-year Microsoft Select Plus Agreement for server and database licensing, and appropriate funds.

Discussion:

As part of its technology procurement practices, the City's Information Technology (IT) Division typically upgrades and deploys core software on a timescale that keeps software versions at, or near, current commercial release versions. This practice is necessary to ensure core City software is current with product feature and security-related improvements. 1 of 5
April 5, 2022, Item #11
In the prior twelve years, the City has entered into four three-year enterprise agreements through a cooperative County of Riverside contract for Microsoft licensing. The City's current EA will expire on April 30, 2022. Under the terms of the Riverside cooperative purchase agreement, the City of Poway received the most competitive EA available to local government agencies. Over the past several years, Microsoft has raised retail prices multiple times with increases amounting to approximately 36% compared to our current EA cost from 2019. The Riverside agreement expired during the past year and Microsoft did not renew that agreement with the same level of discounts.

After a review of the licensing options available to the City, entering into an ELA for Microsoft Office 365-G5 product and services with the State of California Department of Technology and a Microsoft Select Agreement for server and database licensing provides the most cost-effective model. CDT conducted a full procurement process through a Request For Offer (RFO) for Microsoft 365 (M365) products and services, and awarded the consolidated contract to Crayon Software Experts, LLC. CDT has broad responsibility and authority over all aspects of technology in California state government and partners with local government and educational entities to deliver and develop responsive solutions for business needs. The ELA and Select Plus Agreements include discounted and fixed pricing over a period of time. CDT will facilitate the City's enrollment through Crayon for the M365 licensing and their online services.

The Microsoft CDT Agreement is a five-year agreement that started on May 1, 2021. The agreement allows State agencies and local governments to join on the anniversary date. As such, the City will enter into a four-year agreement, from May 1, 2022 through April 30, 2026 for the M365-G5 licensing.

The agreement has two pricing levels based on the total number of statewide M365-G5 licenses purchased. The lower cost level was reached in early 2022 as over 200,000 state and local government licenses were purchased. As such, Poway will receive that lower pricing. The CDT agreement only covers the M365-G5 licensing, and a separate three-year Microsoft Select Plus Agreement from May 1, 2022 through April 30, 2025 is needed for the server and database licensing.

In addition to the current applications and security products utilized by the City, the purchase of the M365-G5 license under the CDT agreement provides the City Microsoft's best security products including advanced threat protection, identity protection, cyber security, voice, information archiving and data analysis tools.

At the end of each contract year, the City must report to Microsoft any products that need to be added to the ELA and Select Plus Agreements. Microsoft identifies these license additions as true-up fees.

Any additional Microsoft licenses required by the City would be added under these agreements at the prices identified. Historically, the City has not seen increased pricing under this portion of the EA as the number of licenses has remained fairly consistent.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA).

Fiscal Impact:

The cost of the four-year ELA is $604,864.18. The cost for the three-year Select Plus Agreement is $40,393.98. The total cost for Microsoft licensing for these agreements $645,258.16. The City will be invoiced annually as detailed in the table on the following page. 2 of 5
April 5, 2022, Item #11
•J -' iQi,....,, .... ,1.. .. ,ffl
..J""-.• ....... •·-•·
, ~ . 1 . , .. • ..... ·-··-
_ ... -.. ----........ •
Year1 $125,689.71 $13,464.66 $139, 154.37
Year 2 $137,116.20 $13,464.66 $150,580.86
Year 3 $163,609.90 $13,464.66 $177,074.56
Year4 $178,448.37 --$178,448.37
TOTAL $604,864.18 $40,393.98 $645,258.16
The City proactively plans for the purchase of the Microsoft licensing by setting aside a portion of the anticipated licensing costs by charging Departments for the number of licenses used as part of the annual replacement charges for each computer. However, the increase in Microsoft licensing and the move to a four-year agreement requires an additi'onal appropriation. The adopted FY 2021-22 budget includes $303,620 (115010-61222) and $40,000 (113010-61222) for this purpose for a total available budget of $343,620. An appropriation of $301,638.16 to 113010-61222 is being requested from General Fund unassigned fund balance for these agreements. Sufficient funds are available for this request. Future rent charges will be updated to reflect the new costs associated with the updated licensing model.

Public Notification:

None.

Attachments:

A. Quote: Crayon Software Experts LLC -M365-G5
B. Quote: Crayon Software Experts LLC -Select Plus
Reviewed/ Approved By:

Wend ,;,aserman
Assistant City Manager
3 of 5
Reviewed By:

Alan Fenstermacher
City Attorney
April 5, 2022, Item #11
Cr
ayo
n
Quote
Date:

03.02.2022
Customer Otech
on
behalf
of
City
of
Poway
Attn:

Brad
Rosen
Brosen@poway
.org
••Budgetary
Pricing
does
not
include
CDT
Fees••
**Please
note
a final
quote
will
be
issued
once
final
configuration
is
determined
and
validated
by
Microsoft.••
••FromSA
pricing
available
on
initial
purchase
of
GS
licenses
only;
all
reservations
and
adds
will
receive
full
USL
pricing
.••
Pri
cin2
for
Enterorise
Aereement
Renewal
Part
Number
Description
Qty
Procmg
and
Usage
Year
2 -
11 months
wrth
05/01
start
(05/01/2022
• 03/27/2023)
Enterprise
Products
• Monthly
subscriptions
AAL-48033
M365
ES
From
SA
GCC
ALNG
SubsVL
MVL
PerUsr
Additional
Products•
Monthly
subscriptions
7MS-00001
Project
Plan3
GCC
Shared
All
Lng
Subs
VL
MVL
Per
User
P3U-00001
VisioPlan2GCC
ShrdSvr
ALNG
SubsVL
MVL
PerUsr
Part
Number
Description
Qty
Pricing
and
Usage
Year
3 -12
months
(03/28/2023
-03/27/2024)
Enterprise
Products
• Monthly
Subscriptions
AAL-48033
M365
ES
From
SA

GCCALNG
SubsVL
MVL
PerUsr
Additional
Products
-Monthly
subscriptions
7MS-00001
Project
Plan3
GCC
Shared
All
Lng
Subs
VL
MVL
Per
User
P3U-00001
VisioPlan2GCC
ShrdSvr
ALNG
SubsVL
MVL
PerUsr
Part
Number
Description
Qty
Pricing
and
Usage
Year
4 -12
months
(03/28/2024
-03/27/2025)
Enterprise
Products
-Monthly
Subscriptions
AAL-48033
M365
ES
From
SA
GCC
ALNG
SubsVL
MVL
PerUsr
Additional
Products
• Monthly
Subscriptions
7MS-00001
Project
Plan3
GCC
Shared
All
Lng
Subs
VL
MVL
Per
User
P3U-00001
VisioPlan2GCC
ShrdSvr
ALNG
SubsVL
MVL
PerUsr
Part
Number
Description
Qty
Pricing
and
Usage
Year
5 -12
months
(03/21/2025
-03/31/2026)
Enterprise
Products
• Monthly
Subscriptions
AAL
-48033
M365
ES
From
SA
GCC
ALNG
SubsVL
MVL
PerUsr
Additional
Products
-Monthly
subscriptions
7MS-00001
Project
Plan3
GCC
Shared
All
Lng
Subs
VL
MVL
Per
User
P3U-00001
VisioPlan2GCC
ShrdSvr
ALNG
SubsVL
MVL
PerUsr
••
Pricing
Expires
in
45 days
from
date
of
quote••
**All
items
included
in
this
RFQ
are
new
, unused
, not
refurbished,
with
original
manufacturer
warranty.•
•
Remit
to
Address
:

CDT
will
remit
payment
4 of
5 ATTACHMENT
A
Annual
Unit
Price
336
$
350
.35
1 $
249
.26
3 $
124
.63
Yea
r 2
Total
Annual
Unit
Price
336
$
382.20
1 $
271.97
3 $
135
.99
Year
3 Total
Annual
Unit
Price
336
$
456.
44 1
$
271
.97
3 $
135.99
Year
4 Total
Annual
Unit
Price
336
$
498.02
1 $
271.97
3 $
135.99
Year
5 Total
Total
Years
2-5
CA
Dept
ofTech
Admin
Fees
(6.21%)
TOTAL
Quoted
by:

Crayon
Software
Experts
LLC
12221
Merit
Drive,
Suite
1400
Dallas,
TX
75251
Susan
McDowell
cdt.us@crayon
.com
Extended
Amount
$
117
,717
.60
$
249
.26
$
373.89
$
111,340.75
Extended
Amount
$
128
,419.20
$
271
.97
$
407.97
$
129,099.14
Extended
Amount
$
153,363.84
$
271
.97
$
407
.97
$
154,043
.71
Extended
Amount
$
167
,334
.72
$
271.97
$
407
.97
$
161,014
.66
is
569,491
.33
j
j $
35,365.15
j
i s
604,864
.18
j
April 5, 2022, Item #11
Crayon
Quote Date: 03.02.2022 Customer
Part Number
7NQ-00301
9EA-00268
9EM-00263
Part Number
7NQ-00301
9EA-00268
9EM-00263
Part Number
7NQ-00301
9EA-00268
9EM-00263
City of Poway
Attn: Brad Rosen
[email protected]
Select Plus Renewal for SA
Description
Pricing and Usage Year 1 (05/01/2022 -04/30/2023)
SQLSvrStdCore SNGL SA MVL 2Lic Corelic
WinSvrDCCore SNGL SA MVL 2Lic Corelic
Win Server Standard Core Slng SA 2L
Description
Pricing and Usage Year 2 (05/01/2023 -04/30/2024)
SQLSvrStdCore SNGL SA MVL 2Lic Corelic
WinSvrDCCore SNGL SA MVL 2Lic Corelic
Win Server Standard Core Slng SA 2L
Description
Pricing and Usage Year 3 (05/01/2024 -04/30/2025)
SQLSvrStdCore SNGL SA MVL 2Lic Corelic
WinSvrDCCore SNGL SA MVL 2Lic Corelic
Win Server Standard Core Slng SA 2L
** Pricing Expires in 45 days from date of quote**
Qty
Qty
Qty
10 $
48 $
72 $
10 $
48 $
72 $
10 $
48 $
72 $
Annual Unit Price
584.85
125.58

22.06 Year 1 Total
Annual Unit Price
584.85
125.58

22.06 Year 2 Total
Annual Unit Price
584.85
125.58

22.06 Year 3 Total
Quoted by:

Crayon Software Experts LLC
12221 Merit Drive, Suite 1400
Dallas, TX 75251
Susan McDowell
[email protected]
Extended Amount
$ 5,848.50
$ 6,027.84
$ 1,588.32
$ 13,464.66
Extended Amount
$ 5,848.50
$ 6,027.84
$ 1,588.32
$ 13,464.66
Extended Amount
$ 5,848.50
$ 6,027.84
$ 1,588.32
$ 13,464.66
Total Value Years 1-3 I $ 40,393.98 I
**All items included in this RFQ are new, unused, not refurbished, with original manufacturer warranty.** 5 of 5
Remit to Address:

Crayon Software Experts, LLC
Attn: Finance Manager
12221 Merit Drive, Suite 1400
Dallas, TX 75251
Phone: 469-329-0290
[email protected]
Send POs to [email protected]

ATTACHMENT B
April 5, 2022, Item #12
'
1 AGENDA REPORT CityofPoway
;,, ' ----~-,
//., -'-""
-'· 1-"i\ ,,,-CITY COUNCIL
DATE: April 5, 2022
TO:

FROM:

Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works f P'
Shadi Sarni, Principal Civil Engineer 5-5"'. CONTACT:

SUBJECT:

Summary:
(858) 668-4717 or [email protected]
Water Infrastructure Improvement Program Update and Request for Appropriation of Funds Related to Starridge Park Improvements This report presents a status update on each project within the Water Infrastructure Improvement Program and requests an appropriation of funds.

Recommended Action:

It is recommended the City Council approve an appropriation in the amount of $242,649.00 for Starridge Park softball field improvements from the Water Fund to the Clearwell Replacement Project, WTR0029.

Discussion:

The Water Infrastructure Improvement Program was most recently presented to the City Council at the August 17, 2021 Council Meeting as part of the "Approval of a Third Amendment to the Agreement with Kennedy/Jenks Consultants, Inc. for Program Management Services for the Design and Bid Phases of the Clearwell Replacement Project, RFQ No. 20-001." The following components make up the proposed program (collectively the "Water Infrastructure Improvement Program"):

The Clearwell Bypass Project consists of bypass pipelines, a pump station, a pressure regulating station and two temporary bypass tanks. Each tank has a storage capacity of 1.4 million gallons.

The bypass pipelines, pump station and pressure regulating station will be located within City property at the Lester J. Berglund Water Treatment Plant site, as well as the Public Works Operations Yard and parking lot. The two tanks will be located on the softball field at Lake Poway Park. This bypass system allows the clearwell to be taken offline for replacement.

The impact to Lake Poway Recreation Area is as follows: the softball field will be used for temporary water storage tanks and has been unavailable for use since September 2021 through Summer 2024. Improvements have been made to the Starridge Park softball field for use during 1 of7
April 5, 2022, Item #12
the
duration
of
the
closure
of
the
Lake
Poway
softball
field.

The
staging
areas
for
storing
materials
and
equipment
by
Contractor
GSE
Construction
Company,
Inc.
during
the
construction
period
include
the
lower
employee
parking
lot
on
Lake
Poway
Road,
the
softball
field
and
the
area
within
the
water
treatment
plant
boundary.

The
Clearwell
Replacement
Project
consists
of
replacing
the
existing
clearwell
with
two
new
4-
million-gallon
prestressed
concrete
tanks
(Attachment
8).

The
existing
clearwell
has
reached
the
end
of
its
useful
life
and
is
in
need
of
replacement
to
maintain
reliable
service
to
Poway
residents.

The
overflow
structure
of
the
clearwell
will
also
be
replaced
with
a
new
structure
designed
with
proper
air
gaps.

The
San
Diego
County
Water
Authority
(SDCWA)
Treated
Water
Connection
and
Redundant
Pipeline
Project
provides
Poway
with
its
first
treated
water
connection
to
the
SDCWA's
treated
water
aqueduct,
as
well
as
redundant
pipelines
(Attachment
C).

This
project
includes
components
that
will
be
owned
and
operated
by
the
SDCWA
as
well
as
components
that
will
be
owned
and
operated
by
the
City
of
Poway
once
constructed.

Therefore,
to
facilitate
management
of
finances
and
capitalization
of
assets,
this
project
was
separated
into
two
projects.

The
project
consisting
of
a flow
control
facility and
a turnout
is
referred
to
as
the
SDCWA
Poway-5
(POW-5)
Turnout
and
Flow
Control
Facility
Project
and
will
be
owned
and
operated
by
the
SDCWA
once
constructed.

The
project
consisting
of
pipeline,
a
pump
station
and
a
forebay
is
referred
to
as
the
Poway
Treated
Water
Facilities
and
Redundant
Pipeline
and
will
be
owned
and
operated
by
the
City
of
Poway
once
constructed.

These
two
projects
will
help
diversify
Poway's
water
supply
portfolio
and
allow
for
operational
flexibility
and
plant
maintenance.

They
will
also
provide
a
redundant
pipeline
to
the
36"
water
transmission
line
on
Lake
Poway
Road,
which
is
currently
the
single
transmission
line
that
carries
treated
water
to
the
distribution
system.

Status
Update:

Clearwell
Bypass
Project:

The
Clearwell
Bypass
Project
includes
construction
of
approximately 1,140
linear
feet
of
36"
cement
mortar
lined
and
coated
(CML&C)
welded
steel
pipe;
approximately
75 linear
feet
of
24"
CML&C
welded
steel
pipe;
approximately
1,620
linear
feet
of
24"
high
density
polyethylene
(HDPE)
pipe,
a
number
of
butterfly
valves
ranging
in
size
from
24"
to
42"
as
well
as
a
number
of
check
valves
and
gate
valves;
pipe
couplings;
a 42"x36"
welded
steel
tee
connection
to
the
treatment
plant
effluent
pipeline,
modifications
to
the
effluent
pipe
concrete
gallery,
four
vertical
turbine
pumps
(40
horse
power
each)
and
pump
cans;
two-1.4
million
gallon
bolted
steel
tanks;
pressure
gauge
assemblies;
electrical,
instrumentation
and
security
cameras;
as
well
as
several
other
appurtenances
(Attachment
A).

This
project
is
currently
in
construction.

Portions
of
the
CML&C
welded
steel
pipe
and
the
HOPE
pipe
have
been
constructed.

The
temporary
tanks
are
currently
under
construction.

Construction
was
scheduled
for
completion
on
June
3,
2022.

However,
due
to
supply
chain
and
backlog
issues
that
have
affected
the
vertical
turbine
pump
manufacturing
and
delivery,
construction
completion
is
now
anticipated
on
July
20,
2022.

The
Starridge
Park
softball
field
will
be
used
in
lieu
of
the
Lake
Poway
softball
field
while
the
temporary
water
storage
tanks
are
in
place.

Improvements
have
been
made
to
the
Starridge
field
for
the
interim
use.

The
following
are
the
appropriation
requests
for
these
improvements
in
an
amount
of
$242,649.00: 2 of7
April 5, 2022, Item #12
Field Improvements: Field improvements include infield mix, laser leveling, irrigation parts, and bases. The total amount of appropriation request for field improvements is $22,000.00.

Generator: This item includes the purchase of a generator, fuel costs and storage container.

The total amount of appropriation request for this item is $115,607.00.

Temporary Lights: This item includes electrical work, trenching, backfilling, and two years of rental for temporary lights. The total amount of appropriation requested for this item is $105,042.

Clearwell Replacement Project:

The Clearwell Replacement Project is currently at the 50% design stage. The 50% design plans and specifications were submitted to the State Water Resources Control Board, Division of Drinking Water (DDW) on February 24, 2022 for review and approval. Once the Clearwell Bypass Project is completed, tested and operational, the Clearwell will be taken offline and additional geotechnical borings will be conducted at the Clearwell site. The results will be incorporated into the design of the Clearwell Replacement Project and the final contract documents will be completed by October 2022.

Construction of this project is scheduled to start February 2023 and end August 2024.

SDCWA POW-5 Turnout and Flow Control Facility Project and Poway Treated Water Facilities and Redundant Pipeline Project:

Public Works Department staff and consultants worked closely with the SDCWA on a planning study that was approved by the SDCWA Board of Directors on March 25, 2021. The Planning Study became part of an engineering report that was submitted to DDW on April 1, 2021 as mutually agreed upon by DDW and the City of Poway.

There are two alternatives that the Planning Study recommended for further analysis:

Construction of a new 24 cubic feet per second (cfs) service connection and flow control facility off of the 36" diameter Ramona Pipeline, upstream of the Ramona Water District RAM-3 service connection. This proposed connection will be constructed near Espola Road and the Green Valley Truck Trail and will be located on the west side of Espola Road, within Poway property. This infrastructure makes up the SDCWA POW-5 Turnout and Flow Control Facility Project that will be owned and operated by the Water Authority once completed. This alternative also includes a pump station, a forebay and approximately 5,100 linear feet of new 36" transmission pipeline from the flow control facility to the clearwell (along Espola Road and Lake Poway Road). The location of the proposed pump station and fore bay tank will be within the lower employee parking lot on Lake Poway Road, near the Public Works Operations Yard. This infrastructure makes up the Poway Treated Water Facilities Project that will be owned and operated by the City of Poway once constructed. A preliminary construction schedule for this alternative is June 2024 -June 2025.

Conversion of SDCWA's Pipeline 1 within the first aqueduct from untreated water to treated water.

This alternative requires additional assessment of operational and design changes, as well as modifications to Water Authority facilities. Further analysis of this alternative will be included in the Water Authority's 2023 Master Plan Update. A regional analysis will also be conducted as part of the Water Authority's 2023 Master Plan Update to determine if the first aqueduct conversion to treated water will be a viable alternative from a regional perspective. 3 of7
April 5, 2022, Item #12
The decision regarding pursuing this alternative will be made by the SDCWA in the next eighteen months. Therefore, the City of Poway has been continuing with the first alternative as mutually agreed upon with DDW, until a decision is reached regarding the second alternative. Request for Proposals (RFPs) for design services for the SDCWA POW-5 Turnout and Flow Control Facility Project and the Poway Treated Water Facilities and Redundant Pipeline Project were posted in September 2021. One proposal was received for the Poway Treated Water Facilities and Redundant Pipeline Project and two proposals were received for the SDCWA POW-5 Turnout and Flow Control Facility project. Staff expanded the outreach efforts to receive additional competitive proposals from qualified engineering firms and allowed more time for the preparation of the proposals during the holiday season. The RFPs for the two projects were reposted in December 2021. On January 26, 2022, five proposals were received for the Poway Treated Water Facilities and Redundant Pipeline Project and four proposals were received for the SDCWA POW-5 Turnout and Flow Control Facility Project. The design of these projects will start, following City Council approval of the consultant agreements.

Next Steps:

As the various components of the program approach design completion, a construction contract will be prepared, and the projects will be advertised for bids. Staff will request award of the various construction contracts to the successful low bidders at future Council Meetings.

Environmental Review:

This item is not subject to review under the California Environmental Quality Act (CEQA).

Fiscal Impact:

Staff requests Council authorize the City Manager or designee to appropriate $242,649 from the Water Fund to the Clearwell Bypass Project, WTR0029. Sufficient funds are available for this request.

Public Notification:

None.

Attachments:

A. Clearwell Bypass Project Facilities
B. Clearwell Replacement Project
C. SDCWA POW-5 Turnout and Flow Control Facility Project and Poway Treated Water Facilities and Redundant Pipeline Project
Reviewed/ Approved By:

Assistant City Manager
4of7
Reviewed By:

Alan Fenstermacher
City Attorney City Manager
April 5, 2022, Item #12
Existing
Clearwell
Temporary Pressure
Control Valves
LEGEND
_ Existing Water Pipeline
_ Existing Storm Drain
1111111 Proposed Buried Water Pipeline
- Proposed Above-Ground Water Pipeline
- Proposed Above-Ground Overflow Pipeline

CITY OF POWAY LESTER BERGLUND WATER TREATMENT PLANT

OVERVIEW OF PROPOSED CLEARWELL BYPASS SYSTEM
April 5, 2022, Item #12
April 5, 2022, Item #12
April 5, 2022, Item #13
DATE:

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 [email protected]

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 #13
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 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 #13
design 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 #13
City 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 #13

5. Confidential
Relationship.

City
may
from
time
to
time
communicate
to
Consultant
certain
information
to
enable
Consultant
to
effectively
perform
the
services.

Consultant
shall
treat
all
such
information
as
confidential,
whether
or
not
so
identified,
and
shall
not
disclose
any
part
thereof
without
the
prior
written
consent
of
the
City.

Consultant
shall
limit
the
use
and
circulation
of
such
information,
even
within
its
own
organization,
to
the
extent
necessary
to
perform
the
services.

The
foregoing
obligation
of
this
Paragraph
5,
however,
shall
not
apply
to
any
part
of
the
information
that
(i)
has
been
disclosed
in
publicly
available
sources
of
information;
(ii)
is,
through
no
fault
of
Consultant,
hereafter
disclosed
in
publicly
available sources
of
information;
(iii)
is
now
in
the
possession
of
Consultant
without
any
obligation
of
confidentiality;
or
(iv)
has
been
or
is
hereafter
rightfully
disclosed
to
Consultant
by
a
third
party,
but
only
to
the
extent
that
the
use
or
disclosure
thereof
has
been
or
is
rightfully
authorized
by
that
third
party.

Consultant
shall
not
disclose
any
reports,
recommendations,
conclusions
or
other
results
of
the
services
or
the
existence
of
the
subject
matter
of
this
contract
without
the
prior
written
consent
of
the
City.

In
its
performance
hereunder,
Consultant
shall
comply
with
all
legal
obligations
it may
now
or
hereafter
have
respecting
the
information
or
other
property
of
any
other
person,
firm
or
corporation.

6. Office
Space
and
Clerical
Support.

Consultant
shall
provide
its
own
office
space
and
clerical
support
at
its
sole
cost
and
expense.

7. Covenant
Against
Contingent
Fees.

Consultant
declares
that it
has
not
employed
or
retained
any
company
or
person,
other
than
a
bona
fide
employee
working
for
Consultant,
to
solicit
or
secure
this
Agreement,
that
it
has
not
paid
or
agreed
to
pay
any
company
or
person,
other
than
a
bona
fide
employee,
any
fee,
commission,
percentage,
brokerage
fee,
gift
or
any
other
consideration,
contingent
upon
or
resulting
from
the
award
or
making
of
the
Agreement.

For
breach
of
violation
of
this
warranty,
City
shall
have
the
right
to
annul
this
Agreement
without
liability,
or,
at
its
sole
discretion,
to
deduct
from
the
Agreement
price
or
consideration,
or
otherwise
recover
the
full
amount
of
such
fee,
commission,
percentage,
brokerage
fee,
gift
or
contingent
fee.

8. Ownership
of
Documents.

All
memoranda,
reports,
plans,
specifications,
maps
and
other
documents
prepared
or
obtained
under
the
terms
of
this
Agreement
shall
be
the
property
of
City
and
shall
be
delivered
to
City
by
Consultant
upon
demand.

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 #13

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.
"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 #13

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) 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 #13
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.
(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 #13

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.

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 #13
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.

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 #13
IN 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.
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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 #13

ATTACHMENT
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
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of
37 April 5, 2022, Item #13
and 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
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April 5, 2022, Item #13
the 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
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April 5, 2022, Item #13
pole 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
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April 5, 2022, Item #13

3.4 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 #13
1st 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
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April 5, 2022, Item #13
General -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 #13
prepared 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 #13
minor 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 #13
Following 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
[email protected]
~ BLACK&VEATCH
23 of 37
10 of 12
April 5, 2022, Item #13
BV 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 #13
building; 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 #13
N ...,
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 Mee ting

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/C Ny 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, Spec s

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&V H tchPropr ;.Jary andConfid.,,t iel
..:,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
1 1 ◄ 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~ 2of 2
April 5, 2022, Item #13
N
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 ends

April 5, 2022, Item #13
Poway 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 #13
l•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 #13
15 15400
Plumbing
15 15500
Heating,
Venti
lating
and
Air
Conditioning
15 15990
Testing,
Adjusting,
and
Balanc
ing
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 #13
Proposed 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 #13
35 111'111: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 #13
36 111!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 #13
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a) This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
( d) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system 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 #13
Cal 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 #13
Cal
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 April 5, 2022, Item #14
DATE:

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 [email protected]

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 #14
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 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 #14
Sawyer 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 #14
City 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 #14

5. Confidential Relationship.

City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

6. Office Space and Clerical Support.

Consultant shall provide its own office space and clerical support at its sole cost and expense.

7. Covenant Against Contingent Fees.

Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

8. Ownership of Documents.

All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.

9. Conflict of Interest and Political Reform Act Obligations.

During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 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 #14
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, 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.
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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 #14
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

20. Governing Law, Forum Selection and Attorneys' Fees.

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees.

Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.

21. Gender.

Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.

22. Counterparts.

This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.

23. Entire Agreement.

This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.

24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.

Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 9 of31
April 5, 2022, Item #14
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.

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 #14
IN 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:
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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 #14
ATTACHMENT 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 #14
and 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 #14
unauthorized 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 #14
o 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/ sensitive
11 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 #14
Count 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 #14
Count 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 #14
Count 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 #14
project
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 #14

5.4.2 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 #14
Task
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 #14
This 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
April 5, 2022, Item #14
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April 5, 2022, Item #14
EXHIBIT "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)
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(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 #14
Cal 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.
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April 5, 2022, Item #14
Cal
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).
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