January 16, 2024, Item #4
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
January 16, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services ft\
Alex Ubaldo, P.E., Principal Civil Engineer~
(858) 668-4602 or [email protected] '-"-
CITY COUNCIL
Approval of Consultant Agreement with Engineering Partners Inc., to provide design services for the Water Pump Stations Nos. 8 -12 Motor Control Center Upgrades; RFP No. 24-008
This action will award a Consultant Agreement to Engineering Partners Inc. (EPI) to provide design services for the Water Pump Stations Nos. 8 -12 Motor Control Center Upgrades.
Recommended Action:
It is recommended the City Council approve the Consultant Agreement (Attachment A) with Engineering Partners Inc., in the amount of $145,035 for the Water Pump Stations Nos. 8 -12 Motor Control Center Upgrades, per the outlined terms of the agreement and authorize the City Manager to execute the necessary documents.
Discussion:
In 2014, the City hired a consultant to assess the Water Distribution System assets and prioritize their rehabilitation and replacement needs based on existing conditions and risk assessments. The assessment identified the motor control centers at five water pump stations located throughout the City to be nearing the end of their useful life.
On September 27, 2023, the Development Services Department issued a Request for Proposal (RFP No. 24-008) to assess the conditions and design the renovation and/or replacement of the motor control centers and appurtenant equipment at the five water pump stations located at:
• PS-8 Woodcliff Pump Station -14162 Donart Drive
• PS-9 Welton Pump Station -12701 Welton Lane
• PS-10 Community Road Pump Station -12520 Community Road • PS-11 and PS-12 Gregg Street Potable and Reclaimed Pump Station -13621 Gregg Street The City received proposals from two consulting firms. After evaluating and scoring the proposals, staff concluded EPI is the most qualified consultant for this project. EPI is familiar with this type of 1 of 18
January 16, 2024, Item #4
work and presented a team with specific experience with electrical system assessment and design for water treatment facilities.
The project scope includes: evaluating the motor control center (MCC) at the five water pump stations; designing for their replacement, including the main switchboards, associated wiring and appurtenant equipment; preparing the construction documents; and providing bidding support services.
Environmental Review:
This action to approve the consultant agreement is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
There is sufficient funding available in the MCC Upgrades project (WT041) for this request. The consultant's fee will be based on the scope of work as outlined in the Consultant Agreement and the not-to-exceed fee of $145,035.
Public Notification:
None.
Attachments:
A. Consultant Agreement
Reviewed/Approved By:
w~~a~
Assistant City Manager
2 of 18
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
January 16, 2024, Item #4
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 17th day of January, 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and ENGINEERING PARTNERS, INC. (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform an electrical system assessment and report for the Water Pump Stations Nos. 8 -12 Motor Control Center Upgrades Project (Project);
WHEREAS, Consultant is an electrical engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement.
This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City.
Termination for cause shall be effected by delivery of written notice of termination to Consultant.
Such termination shall be effective upon delivery of said notice. 3 of 18 ATTACH~ENT A
January 16, 2024, Item #4
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 (ivf 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 persori, firm or corporation. • • •
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103.
Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of 18 2
January 16, 2024, Item #4
"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:
[8] 1. ConsultanUContractor 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. ConsultanUContractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, ConsultanUContractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Robert J. Manis, Director of Development Services
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 5 of 18 3
January 16, 2024, Item #4
(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,
and
Consultant
shall
indemnify
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
Claims
that
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
to
the
extent
occurring
as
a
result
of
Consultant's
negligent
performance
of
any
professional
services
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Consultant,
its
agents,
officers,
directors,
sub-consultants
or
employees,
committed
in
performing
any
of
professional
services
under
this
Agreement.
For
Claims
alleged
to
arise
from
Consultant's
professional
services,
Consultant's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Consultant's
negligence.
6 of
18 4
January 16, 2024, Item #4
(c)
The
foregoing
obligations
of
Consultant
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Consultant,
anyone
directly
or
indirectly
employed
by
it
or
anyone
for
whose
acts
it
may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Consultant
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit acts.
(e)
Consultant
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Consultant
is
carrying
and
maintaining;
however,
if
Consultant
fails
to
take
such
action
as
is
necessary
to
make
a
claim
under
any
such
insurance
policy,
Consultant
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Consultant
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section
15 .
(g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.
16. Assumption
of
Risk.
Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Consultant:
(a)
Consultant
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Consultant
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Consultant's
obligations
under
this
Agreement
, including
but
not
limited
to
Consultant's
Scope
of
Services;
and
(b)
it
is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Consultant
or
its
employees
in
connection
with
Consultant's
performance
its
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services
.
17. Consultant
Not
an
Agent.
Except
as
City
may
specify
in
writing,
Consultant
shall
have
no
authority
,
expressed
or
implied
,
to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
. an
agent.
Consultant
shall
have
no
authority,
expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.
18. Personnel. Consultant
shall
assign
qualified
and
certified
personnel
to
perform
requested
services.
The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects
. City
shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Consultant
by
giving
oral
or
written
notice
to
Consultant
to
such
effect.
7 of
18 5
January 16, 2024, Item #4
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
(Cal
PERS)
and
shall
not become
members
of
Cal
PERS
while
providing
services
to
City
.
8 of
18 6
January 16, 2024, Item #4
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)
9 of 18 7
January 16, 2024, Item #4
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
10 of 18
ENGINEERING PARTNERS, INC.
8 By:-----------
Lucy Labruzzo, President & CEO
Date: ___________ _
January 16, 2024, Item #4
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the electrical system assessment services further described in the Scope of Services submitted with the proposals, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals, which are included in this document as Attachment 2. Total fee is not to exceed one hundred forty-five thousand thirty-five dollars. ($145,035). Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall commence and be effective as of January 17, 2024 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the 11 of 18 1
January 16, 2024, Item #4
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:
To City:
To Consultant:
12 of 18 2
City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
Engineering Partners, Inc.
10150 Meanley Drive, Suite 200
San Diego, CA 92131
January 16, 2024, Item #4
Attachment 1
7. SCOPE OF WORK-
EPI proposes to provide the design and engineering
services for the following pump stations:
• PS-8 Woodcliff Pump Station (14162 Donart Drive)
• PS-9 Welton Pump Station (12701 Welton Lane)
• PS-10 Community Road Pump Station (12520
Community Road)
• PS-11 and PS-12 Greg Street Potable and
Reclaimed Pump Stations (13621 Gregg Street)
The work includes replacing the MCC's, Main
switchboards, associated wiring and equipment that
may need upgrades. Work includes the following
tasks:
Task 1: Project Management
The EPI shall be responsible for project management
activities throughout the life of the contract including managing the schedule, budget, meeting preparation
and facilitation, field reviews, and managing the
project team. The EPI must include a kick-off meeting
and further appropriate number of follow-up meetings
with City staff and the project team. The EPI shall be
responsible for organizing including preparing
agenda(s), compiling meeting minutes, and
distributing the minutes to all attending or as required.
The EPI shall provide a project schedule identifying
milestones and completion date of the Project design
phase using the NTP date provided in the Schedule
section of this RFP as a starting date.
Task 2: Assessment and Preliminary Design Report
Review as-built drawings and conduct field
investigations and surveys as necessary to verify
existing conditions. Assess existing conditions. Prepare design report for the renovation and/or replacement of
the motor control center systems, affected electrical
service panels, wiring, and any associated
components. The analysis will determine whether
existing physical locations are sufficient for new
equipment, how replacemenUretrofit will be conducted,
and recommend any collateral or support facility
replacements/retrofits such as wire, conduit, boxes,
switches, etc. to support the motor control center
replacement and any necessary upgrades for code
compliance. The preliminary design report shall include probable costs of all improvements recommended.
Task 3: Prepare Plans, Specifications, &
Estimates: Prepare construction AUTOCAD
drawings and specifications for the project. The
construction documents will be sufficiently detailed to enable a contractor to perform the construction work
efficiently and shall detail equipment, enclosures,
conduit, anchorage, support, and bracing, etc.
Prepare an opinion of probable construction cost with
the Final Preliminary. Design Report and the 50%,
90% and 100% submittals. PDF versions of all files
shall be provided after approval of final plans.
1. Construction Drawings: EPI shall prepare
construction drawings containing sufficient detail
and information to determine construction costs
and to construct the improvements. EPI shall
prepare plans and specifications. Single line
diagrams, wiring diagrams and schematics, and
all other necessary drawing sheets shall consist
of an appropriate scale, indicating the proposed
improvements. EPI shall provide detail sheets as
necessary. Final design drawings shall be in
AutoCAD format, 2019 version or newer, per the
City's standards for Public Works contracts and
shall be sealed by a Professional Engineer
licensed in the State of California.
2. Project Specifications: EPI shall prepare
Technical Specifications covering the required
work and shall include the City's General and
Technical Provisions. The format shall follow
the currently adopted Greenbook and Poway's
supplemental specifications.
3. Cost Estimates: Estimates shall include
detailed quantities and unit costs for the
proposed improvements in each submittal. We
use actual quotes for larger equipment and RS
Means for ancillary equipment.
Task 4: Bidding Support
EPI shall provide RFI responses to questions
during the contractor bidding process.
City of Poway Water Pump Stations Nos. 8 -12 Motor Control Center Upgrades I 1, January 16, 2024, Item #4
DETAILED
SCOPE
(based
only
on
as
0 built
drawings and
could
change
after
site
investigations)
General
Notes:
A.
All
four
sites
will
require
a
temporary
power
and
pump
control
system
to
keep
the
system,
operational
during
the
removal
and
replacement
of
the
existing
MCC's,
Main
Services
and
related
equipment is
replaced.
Three
of
the
four
sites
have
separate
main
switchboard.
That
will
allow
us
to
provide
temporary
power
using
those
switchboards
as
a
source
i.e.
we
can
remove
the
MCC
and
keep
the
main
energized.
After
the
new
MCC
is
up
and
running
, the
main
can
easily
be
swapped
out
in
a
few
hours.
Woodcliff
may
need
a
temporary
generator
or
transformer
secondary
• temp
power
tap
as
the
main
and
MCC
are
connected
(most
likely
with
bolted
bus).
B. All
four
sites
will
require
SDG&E
coordination
.
EPI
has
many
Certified
SDG&E
approved
Designers.
It
is
not
anticipated
that
the
utility
transformers
will
be
changed,
however
the
service
conductors
most
likely
will.
C. Each
station
will
be
fielded
and
assessed.
A
journeyman
electrician
with
the
required
PPE
will
open
up
switchboards
and
ancillary
equipment
for
us
to
see
conditions
and
conduit
locations.
Accurate
locations
for
conduit
stub
ups
make
it a
lot
easier
for
reconnections.
Detailed
Scope
for
PS
-8
Woodcliff
Pump
Station:
This
station
has
a
600-amp
service
from
SDG&E
and
is
all
indoor
equipment.
There
are
three
50 HP
pumps
with
three
NEMA
size
3 motor
starters.
The
motor
starters
are
interconnected
with
the
suction
and
discharge
manifolds
as
well
as
the
surge
tank
.
We
propose
to
install
solid
state
reduced
voltage
NEMA
size
3 starters
in
the
new
equipment.
Detailed
Scope
for
PS
-9
Welton
Pump
Station
: This
station
has
a
1000-amp
MCC
inside
and
an
outdoor
main
service
from
SDG&E.
There
are
five
100
HP
pumps
with
what
appears
to
be
NEMA
size
4 autotransformer
starters
. The
motor
starters
are
interconnected
with
the
suction
and
discharge
manifolds
. We
propose
to
install
solid
state
reduced
voltage
NEMA
size
4 starters
in
the
new
equipment.
For
the
outdoor
gear,
we
would
propose
NEMA
3R
or
3RX.
Detailed
Scope
for
PS
-10
Community
Road
Pump
Station: This
station
has
an
800-amp
MCC
inside
and
an
outdoor
main
service
from
SDG&E.
There
are
five
75 HP
pump
locations
with
NEMA
size
4 starters
(Part
Winding/Y-Delta
or
Autotransformer).
The
motor
starters
are
interconnected
with
the
suction
and
discharge
manifolds
. There
is
a
surge
tank
at
this
location,
but
it's
not
clear
of
the
MCC
interconnects
with
that.
We
propose
to
install
solid
state
reduced
voltage
NEMA
size
4 starters
in
the
new
equipment.
For
the
outdoor
gear,
we
would
propose
NEMA
3R
or
3RX. Detailed
Scope
for
Gregg
Street
Pump
Station
:
This
station
used
to
have
just
one
reservoir.
It
was
renovated
to
add
a
new
domestic water
tank
in
•
1997.
It
has
a
480-volt,
800-amp
MCC
inside
and
an
outdoor
main
service
from
SDG&E.
There
are
five
100
HP
pump
locations
with
NEMA
size
4 starters
(appears
to
be
autotransformer
type).
Two
of
the
pumps
move
water
from
the
new
domestic
water
tank
to
Buehler
reservoir
and
3 pumps
move
water
from
the
existing
converted
reservoir
to
the
reclaimed
water
system
grid
. The
source
of
the
reclaimed
water
is
Miramar
Pump
Station.
The
motor
starters
are
interconnected
with
the
suction
and
discharge
manifolds
. We
will
need
further
investigation
of
the
controls
to
see
what
exactly
has
changed.
We
propose
to
install
solid
state
reduced
voltage
NEMA
size
4 starters
in
the
new
equipment.
For
the
outdoor
gear,
we
would
propose
NEMA
3R
or
3RX
.
RFP
Exceptions:
1. Infrared
scann
ing
: At
this
point,
we
see
little
value
in
scanning
as
we
are replacing
the
electrical
equipment.
2. Survey
: we
do
not
anticipate
performing
a
topo
survey
or
submitting
survey
notes
.
3. Plan
and
Profile:
we
do
not
anticipate
any
slope
dependent
excavation
this
no
plans
and
profile
drawings
would
be
necessary
.
City
of
Poway
Water
Pump
Stations
Nos.
8 -
12 Motor
Control
Center
Upgrades
January 16, 2024, Item #4
Attachment
2 City
of
Poway
Water
Pump
Stations
8-12
MCC
Upgrades
Description
Principal
Project
Manager
.Electrical
Drafter
Admin
Total
P.E
.
P.E.
Engineer
Hourly
Rate
$205
$160
$125
$85
$75
Task
1 Project
Management
Managing
Schedule
4 32
32 16
$
11,140
Managing
Budget
4 16
16 $
5,380
Meetings
and
Minutes
12 32
32 16
$
12 ,780
$
-
Subtotal
-Task
1 $
29,300
Task
2 -Assessment
and
PDR
Field
Investigation
8 40
40 $
13 ,040
Analysis
of
MCC
replacement
and
8 40
80 16
Temporc;iry
Systems
$
19,400
Prepare
PDR
4 40
40 40
$
15 ,620
Jouneyman
Electrician
-Open
up
Equipment/Trace
Circuits
$
4,800
Structural
Support
-Equipment
Anchorage
and
Pads
$
6,500
$
-
Subtotal
-Task
2 $
59,360
Task
3 -
PS&E
(50%,
90%
and
100%)
50%
Design
4 24
64 64
$
18 ,100
90%
Design
8 24
80 80
$
22 ,280
100%
Design
2 16
40 40
$
11,370
$
-
Subtotal
-Task
3 $
51,750
Task
4 -
Bidd
ing
Support
RFI
Reviews
1 12
20 $
4,625
Submittal
Reviews
Future
$
-
Change
Order
Reviews
Future
$
-
Precon
Meeting
Future
$
-
Record
Drawing
Prep
Future
$
-
$
-
Subtotal
-Task
4 $
4,625
lrotal
Fee
145
,035
I
15 of
18 January 16, 2024, Item #4
EXHIBIT
"B"
Cal
Gov
Code§
7522.56
Deering's
California
Codes
are
current
through
all
1016
chapters
of
the
2018
Regular
Session
and
the
November
6,
2018
Ballot
Measures.
Deering's
California
Codes
Annotated>
GOVERNMENT
CODE>
Title
1 General>
Division
7 Miscellaneous
>
Chapter
21 Public
Pension
and
Retirement
Plans
> Article
4 California
Public
Employees'
Pension
Reform
Act
of
2013
§ 7522.56.
Provisions
applicable
to
person
receiving
pension
benefit
from
public
retirement
system;
Section
supersedes
conflicting
provisions
(a)This
section
shall
apply
to
any
person
who
is
receiving
a pension
benefit
from
a public
retirement
system
and
shall
supersede
any
other
provision
in
conflict
with
this
section.
(b)
A
retired
person
shall
not
serve,
be
employed
by,
or
be
employed
through
a contract
directly
by,
a public
employer
in
the
same
public
retirement
system
from
which the
retiree
receives
the
benefit
without
reinstatement
from
retirement,
except
as
permitted
by
this
section. (c)
A
person
who
retires
from
a public
employer
may
serve
without
reinstatement
from
retirement
or
loss
or
interruption
of
benefits
provided
by
the
retirement
system
upon
appointment
by
the
appointing
power
of
a public
employer
either
during
an
emergency
to
prevent
stoppage
of
public
business
or
because
the
retired
person
has
skills
needed
to
perform
work
of
limited
duration.
( d)Appointments
of
the
person
authorized
under
this
section
shall
not
exceed
a total
for
all
employers
in
that
public
retirement
system
of
960
hours
or
other
equivalent
limit,
in
a
calendar
or
fiscal
year,
depending
on
the
administrator
of
the
system.
The rate
of
pay
for
the
employment
shall
not
be
less
than
the
minimum,
nor
exceed the
maximum,
paid
by
the
employer
to
other
employees
performing
comparable
duties,
divided
by
173.333
to
equal
an
hourly
rate.
A
retired
person
whose
employment
without
reinstatement
is
authorized
by
this
section
shall
acquire
no
service
credit
or
retirement
rights
under
this
section
with
respect
to
the
employment
unless
he
or
she
reinstates
from
retirement.
(e)
16 of
18 (l)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
January 16, 2024, Item #4
Cal
Gov
Code
§ 7522.56
a public
employer.
A
retiree
shall
certify
in
writing
to
the
employer
upon
accepting
an
offer
of
employment
that
he
or
she
is
in
compliance
with
this
requirement.
(2)A
retired
person
who
accepts
an
appointment
after
receiving
unemployment
insurance
compensation
as
described
in
this
subdivision
shall
terminate
that
employment
on
the
last
day
of
the
current
pay
period
and
shall
not
be
eligible
for
reappointment
subject
to
this
section
for
a
period
of
12 months
following
the
last
day
of
employment.
(f)A
retired
person
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a
period
of
180
days
following
the
date
of
retirement
unless
he
or
she
meets
one
of
the
following
conditions:
17 of
18 (l)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
governing
body
of
the
employer
in
a public
.
.
.
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar.
(2)
(A)Except
as
otherwise
provided
in
this paragraph,
for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
state
employment
position
before
180
days
have
passed
and the
appointment
has
been
approved
by
the
Department
of
Human
Resources.
The
department
may
establish
a process
to
delegate
appointing
authority
to
individual
state
agencies,
but
shall
audit
the
process
to
determine
if
abuses
of
the
system
occur.
If
necessary,
the
department
may
assume
an
agency's
appointing
authority
for
retired
workers
and
may
charge
the
department
an
appropriate
amount
for
administering
that
authority.
(B)For
legislative
employees,
the
Senate
Committee
on
Rules
or
the
Assembly
Rules
Committee
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar.
(C)For
employees
of
the
California
State
University,
the
Trustees
of
the
California
State
University
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
~efore
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.
2 January 16, 2024, Item #4
Cal
Gov
Code
§ 7522
.56
( 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
.
(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
II
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).
18 of
18 3