March 19, 2024, Item #3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
March 19, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /A,{
Andrea Thomas, Associate Civil Engineer r."it\.--
(858) 668-4605 or [email protected] vv fJ "
CITY COUNCIL
Approval of Consultant Agreement with Hoch Consulting for the Water Treatment Plant Filter Upgrades Project; RFP No. 24-009, for Engineering Design Services The Development Services Department issued a Request for Proposal (RFP No. 24-009) for engineering design services for assessment, rehabilitation, and upgrades of the filters in use at the Lester J. Berglund Water Treatment Plant (WTP). This action will approve a Consultant Agreement with Hoch Consulting to provide engineering design services for the project.
Recommended Action:
It is recommended the City Council approve the Consultant Agreement (Attachment A) for the Water Treatment Plant Filter Upgrades project to Hoch Consulting in the amount of $199,816.00 and authorize the City Manager to execute the contract.
Discussion:
The City of Poway operates and maintains a water filtration system consisting of eight gravity filters, each utilizing actuated valves of various ages, and mixed media sand at the Lester J. Berglund Water Treatment Plant. City Staff issued an RFP for a professional engineering consultant to analyze and design the renovation of the eight media gravity filters. Two proposals were received, and Hoch Consulting was determined to be the most qualified and cost effective. In 2014, a full assessment of the WTP was performed, and the filters, along with thirteen other projects, were identified and included in the Capital Improvements Program. Filters 1-4 were original to the plant, built in 1972, and have had no major alterations or upgrades. Filters 5-8 were added during an expansion in 1998 and operate in-line with the original four filters utilizing the same treatment methods and media. The filters and media are nearing the end of their useful life. The scope of work for the consultant is to review and assess the eight existing water filters by: evaluating the condition and performance of all filters; identify any adjacent appurtenances in need of replacement including but not limited to valves, actuators, piping, and sluice inlet; prepare a preliminary design report, prepare plans, specifications, and estimates (construction contract documents); and provide bidding and construction support. For additional scope details, reference the attached Consultant Agreement.
Environmental Review:
1 of 22
March 19, 2024, Item #3
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
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 $199,816.00. There is sufficient funding available in the WTP Filters 1-8 Upgrades project (WT037) for this request.
Public Notification:
None.
Attachments:
A. Consultant Agreement
Reviewed/Approved By:
Wendyf4aserman
Assistant City Manager
2 of 22
Reviewed By:
Alan Fenstermacher
City Attorney
March 19, 2024, Item #3
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 26th day of March, 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and HOCH CONSUL TING, APC (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to complete assessment of existing conditions, prepare a Preliminary Design Report, prepare Plans, Specifications, and Estimates (Construction Documents) and provide bidding and construction support for the Water Treatment Plant Filter Upgrades Project (Project); WHEREAS, Consultant is an 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 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. 3 of 22 ATTACHMENT A
March 19, 2024, Item #3
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. 4 of 22
March 19, 2024, Item #3
"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 5 of 22
March 19, 2024, Item #3
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, 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 22
March 19, 2024, Item #3
(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 22
March 19, 2024, Item #3
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. 8 of 22
March 19, 2024, Item #3
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
22 March 19, 2024, Item #3
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
22 HOCH
CONSUL
TING,
APC
By
: ___________
_
Adam
Hoch,
P.E
., QSD
, President
Date
: ___________
_
March 19, 2024, Item #3
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the engineering support 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 ninety-nine thousand eight hundred sixteen dol.lars ($199,816).
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 March 26, 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 22
March 19, 2024, Item #3
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 22
City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
Hoch Consulting, APC
804 Pier View Way 100
Oceanside, CA 92054
March 19, 2024, Item #3
Attachment
1 To
accomplish
the
work,
Hoch
proposes
the
following
scope
of
work:
ScopL
, of
Wo
rk
Provide
overall
leadership
and
team
strategic
guidance
aligned
with
the
City's
objectives
. Coordinate,
monitor,
and
control
the
project
resources
to
meet
the
technical,
communication,
and
contractual
obligations
required
for
developing
and
implementing
the
project
scope
.
Hoch
will
prepare
monthly
invoices,
including
expenditures
by
task,
hours
worked
by
project
personnel,
and
other
direct
expenses
with
the
associated
backup
documentation.
Monthly
status
reports
will
accompany
each
invoice
and
include
comparisons
of
monthly
expenditures
and
cumulative
charges
to
budget
by
Task,
including
cost-to-complete,
earned
value,
cash
flow,
and
certified
firm
participation
.
. 1
Hoch's
Project
Manager
will
manage
and
coordinate
the
technical
and
scope
issues
of
the
overall
project
. Progress
meetings
will
be
conducted
as
appropriate.
Hoch
will
also
coordinate
with
the
City
to
communicate
the
status
of
the
project.
./
We
will
host
an
initial
meeting
to
discuss
the
application
schedule,
identify
team
member
✓
roles
and
responsibilities,
and
review
data
requests.
Most
critically,
we
will
clarify
the
project's
scope
of
work,
budget,
schedule
. We
will
also
engage
in
a strategic
discussion
regarding
how
to
effectively
address
and
align
with
the
funding
program's
scoring
criteria
and
vet
a
technical
narrative
that
best
responds
to
the
funding
opportunity's
evaluation
criteria.
'I
I.
Hoch
will
coordinate
and
host
up
to
four
two-hour
virtual
meetings
including: •
Assessment
Evaluation
Review
Workshop
•
Preliminary
Design
Review
Workshop
•
50%
Design
Review
Workshop
•
90%
Design
Review
Workshop ,
..,
Hoch
will
develop
a detailed
schedule
with
key
milestones
and
check-ins
(driven
by
the
submittal
deadline)
that
builds
in
time
for
the
City
to
review,
provide
input,
and
issue
final
approvals
and
signatures
prior
to
submittal.
Key
inspection
activities
will
be
coordinated
with
plant
mainenance
activiteis
and
shutdown
activities. Hoch
will
deliver
to
the
City
monthly
invoice
and
status
report covering:
•
Work
on
the
project
performed
during
the
previous
month.
•
Meetings
attended.
•
Problems
encountered
and
actions
taken
for
their
resolution.
•
Potential
impacts
to submittal
dates,
budget
shortfalls
or
optional
services
.
•
Budget
analysis.
•
Issues
requiring
project
team
action.
•
Kick-off
meeting
will
be
held
in
person
.
•
Regular
meetings
will
be
virtual.
1s
I
•·
-
13 of
22 March 19, 2024, Item #3
-ea---a::Dl:llllllli:lllllll ____ saa::izm_p_e_o_W_o_r_k • Project is assumed to be eight months; therefore it is assumed there will be eight progress payments/status reports.
, ' Prior to conducting the condition assessment, Hoch will collect and review available plans, reports, filter performance evaluations or any other relevant documents to preliminarily identify areas of concern related to the aging filter infrastructure. Hoch will prepare and maintain a list of supplemental data needed for the project, submit the list to the City, and coordinate the data collection and evaluation. , ,, • t Hoch and its subconsultant Kelsey Structural will perform a condition assessment to evaluate the existing filter structure(s) and components. A Field Assessment Form will be used to document the condition of individual elements for each of the existing Filters 1-8, Filter Gallery, and Backwash Piping Gallery. The assessment work is anticipated to be performed while the Filter structures are in operation. The Filters will not be entered, and all assessments will be performed from perim~ter walkways and accessible areas, observing the condition of structural elements above the waterline. It is recommended to operate the Filters as low as possible during the assessments. The Field Assessment Forms will also be used to obtain field measurements and photograph mechanical and structural elements for use in the rehabilitation design. Mechanical and structural elements to be assessed include:
• Piping, valves, and appurtenances
• Analytical Equipment
• Pumps
• Concrete basins
• Steel/aluminum framing
• Equipment/pipe supports
• Handrailing, platforms/sub-framing, and equipment anchorage Hoch's technical lead and assistant engineer will spend up to five days at the WTP to conduct field assessments for non-structural components. Hoch's subconsultant Kelsey Structural will perform the field assessments for all structural components.
Kennedy Water Solutions will provide technical support and oversight offield work and condition assessment, review of Hoch and Kelsey condition assessment forms, and conduct up to two site visits to review findings and provide additional assessment.
'. I
Hoch will prepare a Preliminary Design Report (PDR) that summarizes the findings of the Condition Assessment. The PDR will include a priority matrix that summarizes critical __ repair items for the City and allow decision makers to prioritize repairs. Following the delivery of the draft PDR a workshop will be held to finalize the retrofit design elements that shall be included in the Filter Upgrades construction Documents. The PDR will include but is not limited to the following sections:
• Executive Summary
• Introduction/Background
• Existing Filters
• Filter Assessment
16 I ·-
14 of 22
o Evaluation Strategy
o Condition Assessment Summary
March 19, 2024, Item #3
•
Filter
1-
8 •
Piping
•
Valves
And
Actuators
•
Flow
Meters
•
Analytical
Equipment
•
Pumps
•
Structural
Components
•
Concrete
Surfaces
o
Assessment
Evaluation
and
Prioritization
Matrix
•
Planning
Criteria
•
Design
Criteria
•
Cost
Estimate
o
Feasibility
Evaluation
far
construction
of
new
filters
o
Internal
Filter
Assessment
-Based
on
the
media
performance
evluation
recommendations
and
media
replacment
timing
an
assessment
of
the
interor
filter
structure
and
componetns
maybe
conducted.
o
Filter
Performance
Evaluation
-
Hoch's
trusted
teaming
partner
Trussell
Technologies
is
available
to
perform
a
filter
performance
assessment
including
media
evaluation
and
backwash
analysis
if
requestd
under
this
contract.
o
Evaluation
of
leaking
42"
Filter
Effluent
Header
Pipe
•
Completed
Condition
Assessment
Forms
•
One
Draft
Preliminary
Design
Report
(Including
Assessment
Evaluation
and
Priority
Matrix)
•
One
Final
Preliminary
Design
Reports
with
Comments
from
Draft
PDR
incorporated
.
•
I
•
Hoch
will
develop
a
Class
5 cost
estimate
for
planning
level
OPCC
including
appropriate
factors
and
contingencies
to
provide
the
City
with
an
understanding
of
the
full
project
implementation
costs
for
selected
filter
improvments.
The
cost
estimate
will
be
included
in
the
PDR.
•
Investigation
methods
shall
be
nondestructive
in
nature
and
shall
consist
primarily
of
visual
observations
and
the
use
of
tools
such
as
a
ball
peen
hammer
for
concrete
sounding,
pit
depth
gauge
to
determine
metallic
and
concrete.
cover
loss,
ultrasonic
thickness
gage,
calipers,
tape
measure
and
similar
hand
tools
.
•
Rebar
imagining
and/or
destructive
testing
such
as
concrete
coring
will
not
be
performed
as
part
of
the
assessment
.
•
All
investigations
will
be
performed
in
accordance
with
current
California
Building
Code
(CBC)
recommendations
for
assessment
work
and
wilLadhere
to
the
suggested
assessment
approaches
and
techniques
as
detailed
in
the
following
code
and
standards.
•
Filter
performance
evaluation
by
others
•
Hoch's
Technical
Lead
and
assistant
engineer
will
spend
up
to
four
-
eight
-hour
days
performing
the
filter
evaluation.
•
Evaluation
of
Electrical
and
Controls
Components
are
being
condu~ted
separately.
•
Evaluation
of
the
leaking
42"
Filter
Effluent
header
piping
can
be
conducted
separately
as
an
optional
task
.
•
Plant
operations
staff
will
be
available
during
condition
assessment
.
17 I ·-
1s
of
22 March 19, 2024, Item #3
~ Scope of Work
-~ ~~~---
I'·
Upon completion and approval of the PDR by the City, Hoch will prepare final design documents. The PDR will have outlined the design criteria for the identified improvements. The design will be submitted in three submittal packages: 50%, 90%, and final design, as requested in the RFP. Final design documents will include the contract drawings, contract specifications, and opinions of probable construction costs. Hoch anticipates drawings to include, but not limited to, the following:
• Cover Sheet: Project Location map, vicinity map, index of drawings, abbreviations, symbols, and general notes
• Structural Sheets: Structural notes, plan, and detail sheets showing proposed structural improvements • Mechanical/Process Sheets: Layout plan and sections, mechanicaJ details showing proposed improvements A preliminary Sheet list includes:
• G-001 Cover Sheet
• G-002 General Notes and Abbreviations
• C-101 Site Layout/Filter Layout
• M-101 Demo 1
• M-102 Demo 2
• M-103 Demo 3
• M-201 Mechanical Repair Plan 1
• M-202 Mechanical Repair Plan 2
• M-203 Mechanical Repair Plan 3
• M-301 Mechanical Repair Typical Sections
• M-501 Mechanical Repair Details 1
• 5-101 Structural Notes
• 5-102 Standard Details
• 5-201 Structural Repair Plan
• 5-301 Structural Repair Typical Sections
• 5-501 Structural Details 1
• S-502 Structural Details 1
In addition to the Project specific materials and equipment, the technical specifications will also include construction methods, construction sequencing, and finish work including pipe and concrete recoating and resurfacing for the proposed improvements. An engineer's opinion of probable construction cost will be included with each submittal of construction documents. The __ estimates will be prepared using prior construction bids, current materials pricing, estimating guides, and engineering judgment.
Interwoven with preparing the contract documents is peer review (QA/QC review) for accuracy, constructability, and biddability. Documents will be checked for consistency _with project goals, adherence to industry standards, permitting requirements, and contractual obligations. In-house, QA/QC reviews will be undertaken on each task deliverable prior to submittal to the City.
The 50% design submittal will display the full intent of the project and how it will perform after construction. Technical specifications, in outline format, and an engineer's opinion of construction cost will be provided. Hoch will attend a review meeting with City staff after receipt of comments on the 50% submittal package.
This meeting will include discussions and confirmation of design intent and understanding of all City comments. If the City agrees, the optional Constructability Review will be performed after receipt of 50% comments. This review will guide the Project Engineers to the most efficient design solutions and recommendations will be carried into the 90% design.
1s I;·
16 of 22
March 19, 2024, Item #3
The
90%
design
submittal
will
incorporate
50%
submittal
comments.
Details
and
sections
will
be
sufciently
complete
for
City
review.
The
technical
specifcations
package
will
include
all
sections
needed
for
a biddable
set
of
documents.
A
90%
level
engineer's
opinion
of
probable
construction
cost
will
be
included
. The
plans,
specifcations,
and
estimate
will
be
submitted
electronically.
A
Microsoft
Word
version
of
the
specifcations
can
be
provided
if the
City
would
like
to
add
their
comments
in
track
changes.
The
electronic
plans
will
be
formatted
to
print
at
full
size
{24x36)
or
at
half
size
(1lx17),
if
desired.
Hoch
will
attend
a review
comments
meeting
with
City
staff
after
receipt
and
review
of
comments.
The
final
design
submittal
will
consist
of
paper,
as
well
as
one
unbound
wet-signed
original
set
of
technical
specifcations
for
VWD
to
incorporate
into
the
bid
package.
Additionally
, included
with
the
final
submittal
will
be
two
bound
hard
copies
of
each,
along
with
electronic
fies
of
all
the
contract
drawings
in
AutoCAD
format
and
contract
specifcations
in
WORD
format
on
a
compact
disc.
In
addition,
Hoch
will
prepare
an
Engineer's
Opinion
of
Probable
Construction
Costs
for
the
installation
of
each
pipeline
segment,
including
valves
and
appuurtenances
associated
with
it.
•
Electronic
PDF
of
50%,
90%
and
Final
Contract
Documents
{22x34
&
llx17)
•
Three
sets
of
Final
Contract
Documents
will
be
provided.
o
Three
Sets
of
22x34
Contract
Drawings
(Bound)
o
Three
Sets
of
8.Sxll
Specifications
{Bound)
•
Engineers
Estimate
of
Probable
Construction
Cost
for
50%,
90%
and
Final
Contract
Documents
•
One
two-hour
workshop
to
review
proposed
layouts
will
be
held
virtually
and
attended
by
Hoch's
Project
Manager
and
Principal
Engineer
.
•
Specifications
will
be
prepared
using
the
City's
general
and
technical
provisions.
The
format
will
follow
the
adopted
Green
book
and
City
of
Poway
standards
.
•
The
City
will
review
and
comment
on
all
design
deliverables
r
-♦
,~
1. 1
f
'•
,
.
,
•.
i \
I
r 1·,
1 t.
,
•
"/I·,
.
In
accordance
with
the
tasks
outlined
in
the
RFP,
Hoch
will
provide
services
during
the
bidding
period
and
assist
the
City
in
resolving
discrepancies
and/or
interpretations
of
the
contract
documents.
The
Hoch
Team
will
continue
to
provide
support
to
the
City
through
the
construction
phase
of
the
project
. These
services
will
be
provided
in
the
form
of
submittal
reviews,
RFI
responses,
meetings
with
the
City
and
contractor
by
the
Project
Manager
or
Design
Engineer,
and
performance
of
project
inspections/site
visits
as
needed
.
1 • • •
Conformed
plans
and
specifications
will
be
prepared
and
submitted
during
this
phase
of
the
Project
. In
addition,
Hoch
will
attend
the
pre-bid
meeting
and
record
and
respond
to
technical
questions
from
the
potential
bidders.
In
addition,
addenda
will
be
prepared,
as
needed,
to
clarify
the
contract
documents.
Hoch's
Project
Manager
and
Senior
Construction
Manager
will
be
attending
the
preconstruction
conference
arranged
by
the
City,
along
with
the
selected
contractor.
Review
and
make
recommendations
for
samples,
schedules,
shop
drawings,
and
othe
r
submissions
for
general
conformance
with
the
design
of
the
project
and
for
general
compliance
with
the
plans,
specifications,
and
information
given
by
the
contract
documents.
Responses
will
be
made
within
five
working
days
.
This
scope
of
services
includes
review
of
up
to
10 subm
ittal
reviews.
19 I
17 of
22 March 19, 2024, Item #3
-ea--=-=-=--= _______ s_c_o_p_e_o __ f __ o_r_k
Respond to requests for information (RFI) from City and contractor to clarify construction plans and specifications. Responses will be made within two working days. This scope of services includes review of up to five RFls.
• Bid Evaluation Support
• Change Order Management and Field Directives
• Contractor Pay Application
• Record Drawings -Hoch can prepare record drawings based 9n as-built information provided by the Contractor or as-built survey performed by Hoch's subconsultant Toal. One set of full-size drawings on bond paper and one set of electronic files (.pdf) will be submitted to the City. • Site Visits and Inspections -At appropriate stages of construction, visit the site of the project to generally assess the progress and quality of the work and to determine that the work is proceeding in general accordance with the contract documents.
I I
• Two Hoch Staff members will attend the pre-construction conference. The pre-construction conference is assumed to be four hours.
• Hoch will prepare up to two addenda during the bid phase. • Scope includes up to 10 submittals, 20 hours.
• Scope includes up to five RFI responses, 10 hours.
• Kelsey Structural will respond to a maximum of two contractor-submitted RFls/Clarifications during the bidding phase for structural-related items. In addition, a maximum of one addendum submittal to include Conformed Plans and Specifications incorporating addenda changes during bidding, as required . . ' I
Hoch is available to begin work immediately. Prior to the project kick-off Hoch will develop a detailed schedule with key milestones and check-ins driven by submittal deadlines, and accounts for time required by the City to review, provide input, and issue final approvals and signatures before submittal. This schedule is constantly monitored to ensure timely progress, and corrective measures will be taken and communicated quickly if any delays occur. The project is expected to be completed within eight months. 20 I
18 of 22
March 19, 2024, Item #3
....
ID
0 ....
N
N
Appendix B -CoP Filter Upgrades Project Fee Estimate
Classification
Labor Rate
Task 1: Project Man1ment
1.1 fnvolce Stalus Reports
1.2 Mam1ccment, Coordination . and Meetings
Task 2: Asseument and Preliminary Deslcn Report
2.1 Data Collection & Review
2.2 Filter Condition Assessment
2.3 Preliminary Design Report
VI Internal f1/1er AsseHm t nt (Option,11)
2.5 feaslbillty [v.1rualion Memo for Con§lructior1 of New Filler! !Opt ion.ii)
1.6 Cvufuu 1io11 of 42'" (ilt ,:r [f/Jurnr Piping
2.7 Filter Performance Ev•luation - Trus\ ell Tech. (Optional) Task 3: Prepare Plans, Spedfiction:s, & Estimates
3.1511'/4 PS&£
3.2 90¼ PS&£
3.3 Final Design%
Task 4: Bid Phue- & Construction Support Services
4.1 Pre-Bid Support Services
4.2 Construct ion Support Ser vies
Total Tasks
PIC PM/Principal
Engineer
$240.00 $235 .00
8 20
12 8 8
0 80
4 32
16 '
"
0 64
- 24
24 16
0 24
8 16
8 Associate Senior
Project Designer Construction Project Engineer
Maneer
$16S.OO $170 .00 $175 .00
10 0 4 s
2 s
8 4 s .
156 56 20 s
12 $
32 8 $
60 20 $
ll 12 s
,o Jr. s
104 162 0 s
48 80 $
36 50 s
20 32 $
32 • 8 20 s
2 s
30 8 20 s
302 226 $
Total Hoch Subconsultants ODCs
Kennedy Water Kelsey Structural Expenses Solutions
8,970.00 $ 4,664.00 $ s S00.00
3,150.00
5,820.00 S 4,664.00 $ 500,00
57,560 .00 s 16,896 .00 s 8,250.00 $ 250.00
2,920.00 $ 1,100 .00
14,200 .00 $ 7,700.00 $ 5,500.00
17,060 .00 s 4,400 .00 $ 2,750.00
5,020.00 $ 3,696.00 s 250.00
18,360.00
59,740.00 $ 21,208.00 $ $ BOO.OD $
27,160 .00 s 11,000.00 s 200.00
20,080 .00 s 5,500 .00 s 200.00
12,500.00 $ 4,708 .00 $ 400.00
15,780 .00 s 4,598.00 s s 600.00 $
2,210 .00 $ 1,650 .00 s 350.00
13,570 .00 s 2,948.00 $ 250.00
142,050.00 $ 47,366.00 $ 8,250.00 $ 2 150.00
Toto/ Ootlonal Tasks=
Toto/ Without Optional Tasks=
Hoch Consulting
Total Fees
Total
$14,134.00
$3,150 .00
$10,984 .00
$82.956.00
$4,020.00
S21,400 .00
$24,210.00
SB,966.00
$18,360 .00
81,748.00
$38,360 .00
$25,780.00
S17,608 .oo
20,978.00
$4,210.00
$16,768.00
$199,816.00
$27,326 .00
$172,490.00
~ ....
SI,
(')
:::r
3 tD :::s ....
N
March 19, 2024, Item #3
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 I 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)
20 of 22
(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 March 19, 2024, Item #3
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:
21 of
22 (l)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
governing
body
of
the
employer
in
a public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar.
(2)
(A)Except
as
otherwise
provided
in
this
paragraph,
for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
state
employment
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
Department
of
Human
Resources.
The
department
may
establish a
process
to
delegate
appointing
authority
to
individual
state
agencies,
but
shall
audit
the
process
to
determine
if
abuses
of
the system
occur.
If
necessary,
the
department
may
assume
an
agency's
appointing
authority
for
retired
workers
and may
charge
the
department
an
appropriate
amount
for
administering
that
authority.
(B)For
legislative
employees,
the
Senate
Committee
on
Rules
or
the
Assembly
Rules
Committee
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.
The
appointment may
not
be
placed
on
a consent
calendar.
(C)For
employees
of
the
California
State
University,
the
Trustees
of
the
.California
State
University
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar.
(3)The
retiree
is
eligible
to
participate
in
the
Faculty
Early
Retirement
Program
pursuant
to
a
collective
bargaining
agreement
with
the
California
State
University
that
existed
prior
to
January
1,
2013,
or
has
been
included
in
subsequent
agreements
.
March 19, 2024, Item #3
(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
ofretirement
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).
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