HomeMy WebLinkAbout14-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director OR ~ "" ,. , '~L
H.tU~M
Dept: Development Services
Subject: Resolution authorizing execution
of an agreement with Psomas to provide
professional engineering services for
preparation of the Comprehensive Sanitary
Sewer Master Plan Authorization, and for
the Director of Finance to amend the FY
2000/01 budget.
Date: April 27, 2001
MCC Date: 5/07/01
Synopsis of Previous Council Action:
7/10/00 Allocated $200,000 as part of FY 2000/01 CIP budget for preparation of the
Comprehensive Sanitary Sewer Master Plan.
Recommended Motion:
1. That the Mayor and Common Council authorize the Director of Finance to amend the FY
2000/01 budget to transfer $75,100.00 from Unappropriated Sewer fund balance to Account
No. 245-365-5504-7203 (Update Sewer Master Plan); and
2. Adopt Resolution. r~ F"~
V ames Funk
Contact person: T. Jarb Thaipejr, Sr. Civil Engineer
Phone: 5127
Supporting data attached: Staff Report. Reso.. A~eement Proposal
Ward: All
FUNDING REQUIREMENTS: Amount: $275,100.00
Source: (Acct. No.) 245-365-5504-7203
Acct. Description:
U~date Sewer Master P1an~_ ./
Fmance: ~~// ~<"\...
Council Notes
Agenda Item No. a
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City of San Bernardino - Request for Council Action
Staff Report
Subiect:
Resolution authorizing execution of an agreement with Psomas to provide professional
engineering services for preparation of the Comprehensive Sanitary Sewer Master Plan
Authorization, and for the Director of Finance to amend the FY 2000/01 budget.
Back~round:
Development Services prepared a Request for Proposal (RFP) for Professional Services for the
preparation of a Comprehensive Sanitary Sewer Master Plan. The RFP was sent to 15 firms,
as well as advertised in The Sun Newspaper and with the San Bernardino Area Chamber of
Commerce. The following 2 firms responded to the RFP:
1. TKE Engineering, Inc., Riverside, CA
2. Psomas, Riverside, CA
After careful review of the proposals and interviews with these firms, the selection committee
consisting of Lynn Merrill, Director of Public Services; Bill Bryden, Director of Water Utility;
Ruth Parish, GIS Coordinator; and larb Thaipejr, Senior Civil Engineer, determined that
Psomas was the best qualified to provide the necessary services. In making their
determination, the committee considered similar project experience, personnel assigned to the
project, references, ability to meet scheduling requirements, and understanding of and interest
in the project.
During the past five years, Psomas has performed utility Master Plans for five other cities and
utility agencies.
Financial Imuact:
This Agreement for Services, not to exceed $250,040.00, with a contingency amount of
$25,000.00, will be charged to the $200,000.00 budgeted in Account No. 245-365-5504-7203
(Update Sewer Master Plan) and the remaining balance of $75,100.00 will be transferred from
Unappropriated Sewer fund balance. There are sufficient funds available in the sewer fund
balance to accommodate this transfer.
Recommendation:
That the Mayor and Common Council authorize the Director of Finance to amend the FY
2000101 budget to transfer $75,100.00 from Unappropriated Sewer fund balance to Account
No. 245-365-5504-7203 (Update Sewer Master Plan); and adopt Resolution.
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~ PSOMAS
Scope of Services
Project Parameters
The key to starting any project off in the right direction is laying a good foundation. A
good foundation in this case means doing a thorough job of establishing the Project
Parameters that are appropriate to the task and are acceptable to City Staff (Staff).
There are industry standards as well as unique servicing characteristics that will influence
parameter selection. Psomas will discuss the many components of Project Parameters
with Staff to arrive at a solid basis from which to launch the analytical portion of work.
Service Area & Land Use - A clear definition of Total Service Area (TSA) will need to
be defined for the purpose of this Plan. Psomas will work with Staff to delineate the
most representative and largest anticipated TSA. Then, current copies of all applicable
General Plans will be obtained (in GIS when available) to account for land uses. These
will include at least the following: City of San Bernardino, City of Highland, City of Loma
Linda, San Bernardino County East Valley, State College Area, Patton State Hospital and
San Bernardino International Airport. There may be additional relevant land use docu-
ments, such as Specific Plans for large developments. The closure of Norton AFB and
the resulting potential for hundreds of acres of new development at SBIA represents a
major change from the accounting done in 1983.
Hydrology and Hydraulics - Choosing appropriate sewage generation rates by land
use and selection of peaking factors are crucial to appropriate modeling. Industry
standard factors may be too conservative and could result in triggering erroneous defi-
ciencies and identifYing unnecessary improvements. Psomas will work with Staff to
arrive at suitable criteria that account for factors unique to the service area or sub-area.
Monitoring of actual flows and discussions with maintenance crews will enable Psomas
to calibrate the modeling and insure a reasonable resemblance of the computer model
with actual system conditions. Generation rates and peaking factors may then be ad-
justed as necessary (see more under Flow Monitoring). Additional factors may include
unique users or events that have had measurable impacts at the Treatment Plant.
Hydraulic criteria will also be discussed with Staff. There may be the need to vary
hydraulic characteristics for various pipe locations due to conditions of or type of pipe.
Design capacity criteria based on percentage full (dID) will be confirmed and whether
any exceptions are warranted. Existing and anticipated lift stations will need to be
assessed.
Analytic Tools - The City has expressed an interest in active management of the prod-
uct after the consultant completes the CSSMP, and will therefore participate in the
selection of the tools for the analysis. Psomas will discuss the objectives with Staff not
only for the development of the CSSMP, but for other potential GIS-based ancillary uses
(such as a Pavement Management Program). Psomas will compare the requirements of
the various models and present a recommendation to the City. Criteria Psomas will use
in the review include:
SECTfON 2-1
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PSOMAS
Scope of Services
. Ease of operation
. Frequency of operation
. Expandability and modification features
. Ability to interact witb the existing GIS system
. Compatibility with sewer collection system maintenance programs
. Potential longevity of software
. Cost
The present City GIS/MIS database is a considerable asset that is substantially under-
used. Therefore, the selection of modeling software and its ability to integrate with the
existing database is a key element to accomplishing the City's goals. Psomas is a leader
in GIS technology and will insure compatibility to achieve a manageable product. There
are extensive applications and options that will be discussed with Staff to arrive at tbe
most useful tool to suit their expectations, budget, and time constraints.
Project Reporting - Based on interviews with Staff, the existing CSSMP is of limited
usefulness to them for various reasons, including format. Reporting format is also
directly related to Analytic Tools in that Staff may now place a higher priority on data
access through the GIS database than on written material and exhibits.
Psomas will propose format options and methods by which the Final Report (hard copy)
and GIS tools can be of greatest use to City Staff. Establishing these criteria from the
outset will insure hitting the target at the end: a useful tool to the City. Psomas has
extensive experience in the development of databases for compliance with GASB 34.
Data Collection
In addition to collecting copies of all relevant land use plans influencing the service area,
Psomas will research and review record maps and atlases made available by City Staff.
This will include the 1983 CSSMP report and exhibits, and any other system studies
relevant to the service area.
The existing City database will also be evaluated as a source for land use and network
information for the model. Based on interviews with Staff, it is assumed that the data-
base is about 90% accurate and complete, leaving about 10% that will need verification.
This is significant as it relates to the hours of effort necessary for Psomas to compile
data that is representative of the existing system. Psomas will discuss witb Staff the
appropriate locations on which to focus efforts to eliminate holes or weaknesses in the
database. It is not perceived as in the City's best interest for Psomas to methodically
verify every data entry for every pipe segment in the existing system. The existing
database will be checked for completeness of attributes, spatial coverage and topological
consistency to insure integrity.
An Optional Scope of Work item, which is not presently included, is for Psomas to review
and process data from all sewer plan and profile sheets in the City records. These
S~crION 2-2
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Scope of Services
historic drawings can be scanned and incorporated into the database for each corre-
sponding pipe segment. Another option is to reserve a field in the database for implemen-
tation of this feature at a future date.
Psomas will review maintenance and service records and make them a field of the
database. This will be coordinated with Staff to ascertain relevance to modeling results
and rehabilitation needs. Staff will be interviewed to obtain the "undocumented" service
issues and "chronic hotspots" that will similarly be made a part of the database if war-
ranted.
Data Processing & Analysis
Model Building - Existing Collection System - Having laid the foundation by establish-
ing the Project Parameters and having obtained the structural elements during Data
Collection, the next task is to process or build the data into a meaningful model. The
model will be constructed for City owned lines only. All other sources of inflow will be
evaluated and treated as point loads at their respective connections to the City system.
This will occur in the following sequence:
I) Hydrology
a) Delineate tributary sub-areas to each pipe or system of pipes
b) Define existing land use components of each sub-area
c) Convert land area and land use to flow generated per sub-area
2) Hydraulics
a) Assign hydraulic criteria for each pipe segment
3) Run computer simulation of flows through the system
4) Analyze simulation results
a) Model integrity
b) Consistency with "hotspot" records
c) Consistency with service records
d) Model Rectification
i) Model is acceptable, move on to Item 5), or
i1) Model Calibration is warranted (see Flow Monitoring); make adjustments,
then return to Item 3), or
ill) Special Diagnostics are warranted (see Special Diagnostics); make
adjustments, then return to Item 3)
5) Summarize element deficiencies
a) Prioritize by
i) Magnitude of deficiency
ii) Impact to system function
b) Develop first draft solutions
i) Rehabilitation
(I) Cleaning
(2) Lining
ii) Replacement
(I) By-pass
PSOMAS S"",,2-3
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3 PSOMAS
Scope of Services
(2) lnsitu Replacement
(3) Remove and Upgrade
c) Develop gross cost estimates
Model Building - Master Plan - With a rectified Existing Model as a starting point, the
next task will be to expand the model to represent the ultimate collection system neces-
sary to serve the Total Service Area at build-out As mentioned before, the model will be
constructed for City owned lines only, All other sources of inflow will be evaluated and
treated as point loads at their respective connections to the City system, This will occur
in the following sequence:
I) Hydrology
a) Develop new pipe systems to extend to presently undeveloped areas
b) Delineate additional tributary sub-areas to each pipe or system of pipes, as
necessary
c) Re-define land use components of each sub-area
i) existing land use, or
il) potential land use, whichever generates highest flows
d) Convert land area and land use to flow generated per sub-area
2) Hydraulics
a) Assign hydraulic criteria for each new pipe segment, adding new pipe systems
with trial sizes
3) Run computer simulation of flows through the system
4) Analyze simulation results
a) Model integrity
b) Correlation with Existing Collection System Model
c) Conclusions
5) Summarize element deficiencies
a) Prioritize by
i) Magnitude of deficiency
il) Impact to system function
b) Develop first draft solutions
i) Rehabilitation
(1) Cleaning
(2) Lining
il) Replacement
(1) By-pass
(2) lnsitu Replacement
(3) Remove and Upgrade
6) Make adjustments to Master Plan model reflecting draft solutions
7) Run computer simulation of flows through the system
8) Analyze simulation results
a) Model integrity
S!OCTlC;N 2--4
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Scope of Services
b) Draft Solution test
i) Deficiencies are eliminated; move on to 9), or
li) Deficiencies persist; develop additional solutions, modify model and return to
9) Develop Final List of Element Deficiencies (Project List)
10) Develop Gross Cost Estimates for Project List
11) Develop 5-year Project List
a) Prioritization
b ) Yearly budgeting
Capacity, Management, Operation and Maintenance (CMOM)
The EPA is currently formulating a rule to protect communities from overflowing sewers.
The rule will include revisions to the NPDES permit regulations aimed at improving the
operation of municipal sewer collection systems in order to reduce the number and
frequency of overflows. The regulations will affect 19,000 collection systems in the
United States and will more than likely impact the City of San Bernardino. The CMOM
will help communities ensure that they have adequate capacity, and operation and mainte-
nance activities for proper sewer operations. The prescribed additional activities are
likely to warrant an increase in sewer fees for each service connection. Psomas has
team members who are familiar with CMOM and have sewer operation and maintenance
experience. This represents an "added value" of the Psomas team that will be helpful in
crafting recommendations in the CSSMP geared toward compliance with these regula-
tions.
Wastewater Treatment Plant Capacity
Psomas will confirm with Staff the design capacity of the Treatment Plant. The capacity
will be considered as it relates to the Master Plan projections and the 5- Year CIP.
Psomas will estimate at what stage of system expansion the Treatment Plant capacity
becomes limiting so that Staff can appropriately plan plant expansion. Most Regional
Boards in the State of California require Cities to begin planning for treatment plant
expansion when the plant is at 75% of installed capacity. Although not currently a part of
this planning effort, it would be advantageous to the City to evaluate the capacity of the
headworks at the treatment plant. For many treatment plants, the headworks is often the
limiting hydraulic element.
Special Diagnostics
Inherent in computer simulations is the probability that factors exist in the real world that
have not been accounted for in the simulation. Frequently the simulation itself provides
evidence confirming that there is an apparent anomaly in the input data. Another reality
check is the actual flow conditions at a given point compared to the theoretical model
flow rate. In the case of sewer modeling, the various real world potential factors include:
. Heavily deteriorated pipelines
. Broken lines
. Lodged obstacles
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Scope of Services
. Root invasion
. Infiltration and/or Storm Water Inflows
. Leakage
. Non-permitted connections
. Non-permitted shock loads
Consequently, it is highly probable that the analysis ofthe results of the computer simula-
tion will necessitate a closer look at both input and output data. In some cases this could
lead to the need for Special Diagnostic methodologies.
Flow Monitoring - The only means to instill confidence in the sewer computer model is
to have actual flow measurements with which to compare theoretical flows. The options
available to establish comparisons are the obvious extremes: one point at the Treatment
Plant, or every manhole in the system. Psomas will discuss with Staff what level of
monitoring is sufficient for the development ofthe CSSMP. This can be tailored to
become a part of the Long Term Flow Monitoring Program that will be described and
defined in detail in the Final Report, Psomas will recommend monitoring methodology
that can be used to refine both flow generation rates and peaking factors. For the
purpose of this proposal, it is assumed that monitoring will be performed by City Staff.
I & I Study - Infiltration and Inflow (I & I) studies are very complex and costly, There
is no provision in this proposal for such an effort. Since there is no mention in the RFP
related to these types of problems, Psomas assumes that the City does not suspect I & I
studies are relevant. It is worth mentioning, however, since the lower part of the service
area has significant shallow ground water problems. In the event this becomes a factor
that needs assessment, Psomas has staff capable of addressing the potential issues.
Pipe Televising - When routine cleaning methods fail to produce optimum performance
of a given element, or when unexplainable chronic problems persist, televising is the best
diagnostic tool. Certain pipe problems can only be determined by visual inspections made
possible by televising the pipe via Close Circuit TV (CCTV). Psomas has sub-contrac-
tors available to perform the televising and in-house staff experienced at viewing and
interpreting the videotapes. Televising is not included as part of the Scope of Work, but is
an option available to the City, should circumstances warrant this service,
Some cities engage on-going televising services as part of their maintenance manage-
ment. These programs have allowed cities to minimize "hot spot" responses and better
plan their maintenance and rehabilitation programs. Although not a part of our current
scope of services, Psomas has the experience and the capabilities to prepare a sewer
CCTV and maintenance program for the City.
PSOMAS 5e,,,,,2--<5
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3 PSOMAS
Scope of Services
Computerized Data Base Management System
Psomas believes it is crucial to establish an efficient infonnation management environ-
ment to support the condition assessment, modeling, and ongoing operations of the sewer
system. The infonnation should be organized in a structured database that will support a
range of uses and needs of the City including GIS mapping, modeling, association of other
data including work order data, customer infonnation, capital improvement project data,
video log association, and scanned plan linkage.
GIS is a core technology that Psomas will apply to this project and recommends the city
continue to use to improve infonnation management and increase the department's ability
to analyze infonnation pertaining to the condition of the network. The department should
make use of ESR/'s desktop GIS tools such as ArcView to improve the accessibility and
usefulness ofthe data. This software is compatible with the City's GIS.
Psomas acquired the existing GIS database from the city to confinn its ability to support
the project. The data is well organized and appears to have necessary attribution and
network topology to support modeling and other departmental activities.
The graphic below represents the existing GIS data for the sewer system. In this case,
Arc View was used to visualize the database. Flow arrows show the direction of flow.
Each manhole has infonnation associated with the downstream pipe segment. This
infonnation will be used in the modeling. Pipe segment and manhole identifiers are used
to link tabular attributes to the graphic representation in GIS.
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PSOMAS
Scope of Services
Data within the existing GIS that will support the model includes: Pipe length, diameter,
material, mannings coefficient, and manhole elevation data.
The graphic below highlights pipes larger than 9 inches according to the database. This
illustrates the value of GIS for visualizing data. Model output data can be displayed in
map form to quickly identify
areas of deficiencies. Other
data such as maintenance
activities can be displayed by
location, frequency, or man-
hours to gain a better under-
standing of distribution of work.
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Master Plan Document
Preparation
Once Psomas and Staff are
satisfied that the analysis is
complete and that it fulfills the
goals established for the
CSSMP, final documents and
files will be prepared in accor-
dance with the requirements
sti pulated in the RFP, and will
incorporate refinements as
agreed during Project Param-
eters - Project Reporting
efforts. This will include
mylars of each map developed
and five (5) copies of the final report.
SECr'ON 2-8
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~(Q)~\7
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH PSOMAS FOR PROVIDING PROFESSIONAL ENGINEERING SERVICES
FOR PREPARATION OF THE COMPREHENSIVE SANITARY SEWER MASTER
PLAN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. That the Mayor is authorized to execute the Agreement with Psomas for
providing Professional Engineering Services for preparation of the Comprehensive Sanitary
Sewer Master Plan (attached and incorporated herein as Exhibit "A"). A contract is entered
into with said firm for the actual costs incurred, not to exceed $250,040.00, with a contingency
amount of $25,000.00, but such agreement shall be effective only upon being fully executed by
both parties. The Mayor is hereby authorized and directed to execute said agreement on behalf
of the City; a copy of the proposal is on file in the office of the City Clerk and incorporated
herein by reference as fully as though set forth at length.
SECTION 2. This agreement and any amendment or modifications thereto shall not
take effect or become operative until fully signed and executed by the parties and no party shall
be obligated hereunder until the time of such full execution. No oral agreements, amendments,
modifications or waivers are intended or authorized and shall not be implied from any act or
course of conduct of any party.
SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it
within sixty (60) days of passage of the resolution.
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RESOLUTION...AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH PSOMAS FOR PROVIDING PROFESSIONAL ENGINEERING SERVICES
FOR PREPARATION OF THE COMPREHENSIVE SANITARY SEWER MASTER
PLAN.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a
meeting thereof, held on the
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,2001, by the following vote, to wit:
_ day of
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LIEN
MC GINNIS
SCHNETZ
SUAREZ
ANDERSON
MC CAMMACK
City Clerk
day of
,2001.
The foregoing resolution is hereby approved this
Judith Valles, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
(\)
By: :M'l.,,,,") f ,I t'/j,t.",,-<,,~
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AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this of 2001, by and
between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred
to as the "CITY" and PSOMAS, a California corporation, hereinafter referred to as "ENGINEER".
WITNESSETH
WHEREAS, City desires to obtain professional services to prepare the Sanitary Sewer Master
Plan.
WHEREAS, in order to prepare the Sanitary Sewer Master Plan it is necessary to retain the
professional services of a qualified engineering firm; and
WHEREAS, Engineer is qualified to provide said professional services; and
WHEREAS, San Bernardino City Council has elected to engage the services of Engineer upon
the terms and conditions as hereinafter set forth; and
NOW, THEREFORE, it is mutually agreed, as follows:
1.
SCOPE OF SERVICES
.
Engineer shall perform those services specified in "Scope of Work" and Fee Proposal,
copies of which are attached hereto as Exhibit "1" and incorporated herein as though set
forth in full.
2.
TERM OF AGREEMENT
Engineer shall commence within thirty (30) days after the City has authorized work to
start by issuance of a Notice to Proceed. These services shall be completed within six
(6) months after Notice to Proceed unless amended by the City.
3. STANDARD OF PERFORMANCE
Engineer shall complete all work products and design in conformance with Standard
Specifications for Public Works Construction (Green Book) and the City of San
Bernardino's Standard Drawings.
4. CHANGES/EXTRA SERVICES
A.
Performance of the work specified in the "Scope of Services", is made an
obligation of Engineer under this Agreement, subject to any changes made
subsequently upon mutual agreement of the parties. All such changes shall be
considered as additional tasks and shall be incorporated by written amendments to
this Agreement and include any increase or decrease in the amount of
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compensation due Engineer for the change in scope. Any change, which has not
been so incorporated, shall not be binding on either party.
B.
No extra services shall be rendered by Engineer under this Agreement unless City
authorizes such extra services in writing prior to performance of such work.
Authorized extra services shall be invoiced based on the authorized additional task
amounts.
5. COMPENSATION
A.
The City shall reimburse the Engineer for actual costs (including labor costs,
employee benefits, overhead, profit, other direct and indirect costs) incurred by
the Engineer in performance of the work, in an amount not to exceed
$250,040.00. Actual costs shall not exceed the estimated wage rates and other
costs as set forth in Exhibit "I" attached hereto and incorporated herein as though
set forth in full.
B.
Said compensation shall not be altered unless there is significant alteration in the
scope, complexity or character of the work to be performed. City and Engineer
shall agree upon any such significant alteration in writing before commencement
of performance of such significant alteration by Engineer.
Any adjustment of the total cost of services will only be permitted when the
Engineer establishes and City has agreed in writing that there has been, or is to
be, a significant change in:
I. Scope, complexity, or character of the services to be performed;
2. Conditions under which the work is required to be performed; and
3. Duration of work if the change from the time period specified in the
Agreement for Completion of the work warrants such adjustment.
C. The Engineer is required to comply with all Federal, State and Local laws and
ordinances applicable to the work. The Engineer is required to comply with
prevailing wage rates in accordance with California Labor Code Section 1770.
D. The Engineer agrees that the Contract Cost Principles and Procedures, 48 CFR,
Federal Acquisition Regulations System, Chapter 1, part 31 et seq., shall be used
to determine the allowability of individual items of cost.
E. The Engineer also agrees to comply with Federal procedures in accordance with
49 CFR, Part 19, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Govermnents.
F.
Any costs for which payment has been made to Engineer that are determined by
subsequent audit to be unallowable under 48 CFR, Federal Acquisition
Regulations System, Chapter 1, Part 31 et seq., or 49 CFR, Part 18, Uniform
2
.
.
.
Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments, are subject to repayment by Engineer to City.
G.
Any subcontract in excess of $10,000, entered into as a result of this contract,
shall contain all the provisions of this Article.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this Agreement shall be
submitted every four (4) weeks by Engineer to City and shall be paid by City
within twenty (20) days after receipt of same, excepting any amounts disputed by
City. Dispute over any invoiced amount shall be noticed to the Engineer within
ten (10) days of billing and a meet and confer meeting for purposes of resolution
of such dispute shall be initiated by the City within (10) days of notice of such
dispute. Interest of 1-1/2 percent per month (but not exceeding the maximum rate
allowable by law) will be payable on any amounts not in dispute and not paid
within thirty (30) days of the billing date, payment thereafter to be applied first to
accrued interest and then to the principal unpaid amount. On disputed amounts,
interest shall accrue from thirty (30) days of the invoice date if the amount in
dispute is resolved in favor of the Engineer. All tasks as specified in Exhibit "1"
shall be completed prior to final payment.
B.
No payment will be made for any work performed prior to approval of this
contract by City and issuance by City of Notification to Proceed.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Director of Development Services of City, or his designee, shall have the
right of general supervision over all work performed by Engineer and shall be
City's agent with respect to obtaining Engineer's compliance hereunder. No
payment for any services rendered under this Agreement shall be made without
prior approval of the Director of Development Services or his designee.
8. COMPLIANCE WITH CIVIL RIGHTS LAWS
Engineer hereby certifies that it will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, marital status, age, handicap or
national origin. Engineer shall comply with all State and Federal Civil Rights Laws in
its hiring practices and employee policies. Such action shall include, but not be limited
to, the following: recruitment and recruitment advertising, employment, upgrading, and
promotion.
3
.
.
.
9.
TERMINATION OF AGREEMENT
A. This Agreement may be terminated by either party upon thirty- (30) days' written
notice in the event of substantial failure of the other party to perform in
accordance with the terms of this Agreement. Each party shall have twenty (20)
days following date of such notice within which to correct the substantial failure,
giving rise to such notice. In the event of termination of this Agreement, City
shall within thirty (30) days pay Engineer for all the fees, charges and services
performed to City's satisfaction by Engineer, which finding of satisfaction shall
not be unreasonably withheld. Engineer hereby covenants and agrees that upon
termination of this Agreement for any reason, Engineer will preserve and make
immediately available to City, or its designated representatives, maps, notes,
correspondence, or records related to work paid for by the City and required for
its timely completion, and to fully cooperate with City so that the work to be
accomplished under this Agreement may continue within forty-five (45) days of
termination. Any subsequent use of such incomplete documents, other than their
originally intended use, shall be at the sole risk of the City, and the City agrees to
hold harmless and indemnify Engineer from any claims, losses, costs, including
attorney's fees and liability arising out of such use. Engineer shall be
compensated for such services in accordance with Exhibit "I".
B.
This agreement may be terminated for the convenience of the City upon thirty-
(30) days written notice to Engineer. Upon such notice, Engineer shall provide
work product to City, and City shall compensate Engineer in the manner set forth
above.
C. Following the effective date of termination of this Agreement pursuant to this
section, the Agreement shall continue until all obligations arising from such
termination are satisfied.
10. CONTINGENCIES
In the event that, due to causes beyond the control of and without the fault or negligence
of Engineer, Engineer fails to meet any of its obligations under this Agreement, and such
failure shall not constitute a default in performance, the City may grant to Engineer such
extensions of time and make other arrangements or additions, excepting any increase in
payment, as may be reasonable under the circumstances.
Increases in payment shall be made only under the "changes" provision of this
Agreement. Engineer shall notify City within three (3) days in writing when it becomes
aware of any event or circumstances for which it claims or may claim an extension.
4
.
.
.
11.
INDEPENDENT CONTRACTOR
Engineer shall act as an independent contractor in the performance of the services
provided for under this Agreement. Engineer shall furnish such services in its own
manner and in no respect shall it be considered an agent or employee of the City.
12. ASSIGNMENT OR SUBCONTRACTING
Engineer may not assign this Agreement, or any portion without the written consent of
City. Any attempt by Engineer to assign or subcontract any performance of this
Agreement without the written consent of the City shall be null and void and shall
constitute a breach of this Agreement. All subcontracts exceeding $10,000 shall contain
all provisions of this contract.
13. NOTICES
All official notices relative to this Agreement shall be in writing and addressed to the
following representatives of Engineer and City:
ENGINEER
CITY
Mr. Cliff Swan
PSOMAS
1700 Iowa A venue
Riverside, CA 92507
Mr. James Funk
Director of Development Services
300 North "D" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OF PARTIES
A. The Engineer may reasonably rely upon the accuracy of data provided through
the City or its agents.
B. Upon completion of all work under this contract, ownership and title to all
reports, documents, plans, specifications, and estimates produced as part of this
contract will automatically be vested in the City and no further agreement will be
necessary to transfer ownership to the City.
C. It is understood and agreed that all calculations, drawings and specifications,
whether in hard copy or machine readable form are intended for one-time use in
the construction of the project for which this contract has been entered into.
5
.
.
16.
.
D.
The Engineer is not liable for claims, liabilities or losses arising out of, or
connected with, the modification or misuse by the City of the machine readable
information and data provided by the Engineer under this agreement; further, the
Engineer is not liable for claims, liabilities or losses arising out of, or connected
with, any use by the City of the project documentation on other projects, for
additions to this project, or for the completion of this project by others, excepting
only such use as may be authorized, in writing, by Engineer.
E.
For the purpose of determining compliance with Public Contract Code
Section 10115, et. seq. and Title 21, California Code of Regulations, Chapter 21,
Section 2500 et. seq., when applicable, and other matters connected with the
performance of the contract pursuant to Government Code Section 8546.7, the
Engineer and the City shall maintain all the books, documents, papers, accounting
records, and other evidence pertaining to the performance of the contract,
including but not limited to, the costs of administering the contract. All parties
shall make such materials available at their respective offices at all reasonable
times during the contract period and for three years from the date of final
payment under the contract. The State, the State Auditor, FHWA, or any duly
authorized representative of the Federal government having jurisdiction under
Federal laws or regulations (including the basis of Federal funding in whole or in
part) shall have access to any books, records, and documents of the Engineer that
are pertinent to the contract for audits, examinations, excerpts, and transactions,
and copies thereof shall be furnished if requested.
15. CONSTRUCTION COST ESTIMATES
A. Any opinion of the construction cost prepared by Engineer represents his
judgement as a design professional and is supplied for the general guidance of the
City. Since Engineer has no control over the cost of labor and material, or over
competitive bidding or market conditions, Engineer does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to the
City.
COVENANT AGAINST CONTINGENT FEE
Engineer warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Engineer for the purpose of
securing business. For breach or violation of this warranty, City shall have the right to
terminate this Agreement in accordance with the clause permitting termination for cause
and, at its sole discretion, to deduct from the Agreement price or consideration, or
otherwise recover, the full amount of such commission, percentage, brokerage or
contingent fee.
6
.
.
.
17.
18.
19.
HOLD HARMLESS CLAUSE
A. Engineer shall indemnify, defend and hold free and harmless the City, its
officers, and its employees from all claims, damages, costs, expenses, and
liability, including, but not limited to, attorney's fees imposed upon them for any
alleged infringement of patent rights or copyrights of any person or persons in
consequence of the use by City, its officers, employees, agents, and other duly
authorized representatives, of programs or processes supplied to City by Engineer
under this Agreement.
B. The prevailing party in any legal action to enforce or interpret any provisions of
this Agreement will be entitled to recover from the losing party all reasonable
attorneys' fees, court costs, and necessary disbursements in connection with that
action. The costs, salary, and expense of the City Attorney and members of his
office, in connection with that action shall be considered as attorneys' fees for the
purposes of this Agreement.
INDEMNITY
Engineer agrees to indemnify, defend and hold harmless the City of San Bernardino, and
its agents, officers and employees from and against any and all liability, expense and
claims for damages of any nature whatsoever, including, but not limited to, costs, bodily
injury, death, personal injury, or property damages, arising from or connected with
Engineer's operations, or any aspect of its performance under this Agreement.
LIABILITY IINSURANCE
Engineer shall maintain insurance policies meeting the minimum requirements set forth
herein. All insurance maintained by the Engineer shall be provided by insurers
satisfactory to the City. Certificates evidencing all insurance coverage required herein
shall be delivered to the City prior to the Engineer performing any of the services under
this Agreement. All insurance certificates required herein shall name the City as an
additional insured and provide for thirty (30) days written notice from the insurer to the
City prior to cancellation of any insurance policy of the Engineer.
A. Errors and Omissions - The Engineer shall maintain errors and omissions
insurance with a combined single limit of not less than One Million Dollars
($1,000,000.00) per occurrence.
B. Comorehensive General Liabilitv and Automobile Insurance - The Engineer shall
maintain comprehensive general liability and automobile liability insurance with a
combined single limit of not less than One Million Dollars ($1,000,000.00) per
occurrence.
7
.
.
.
c.
Worker's Compensation Insurance - The Engineer shall maintain worker's
compensation insurance in accordance with the laws of the State of California for
all workers employed by the Engineer.
20. VALIDITY
Should any provision herein be found or deemed to be invalid, this Agreement shall be
construed as not containing such provision, and all other provisions which are otherwise
lawful shall remain in full force and affect, and to this end the provisions of this
Agreement are declared to be severable.
21. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the parties hereto
and supersedes all prior and contemporaneous negotiations, representations,
understandings, and agreements, whether written or oral, with respect to the subject
matter thereof. This Agreement may be amended only by written instrument signed by
both parties.
III
III
8
.
AGREEMENT FOR Professional Services with PSOMAS
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
date written above by their duly authorized officers on their behalf.
CITY OF SAN BERNARDINO
BY:
Judith Valles, Mayor
City of San Bernardino
ATTEST:
BY;
Rachel Clark, City Clerk
City of San Bernardino
.
PSOMAS
BY;
Signature
NAME:
TITLE:
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
.
}
/-;1
9
.
.
.
Comprehensive Sanitary Sewer Master Plan
For
Ci~ofSanBernardmo
Scope of Work
PHASE I
1. Establish Prolect Parameters
Task 1.0 Initial meetings w~h City Staff
Task 1.1 Determine Service Area & land Use
Task 1.2 Determine Hydrology and Hydraulics factors
Task 1.3 Determine Analytic Tools (GIS and modeling software)
Task 1.4 Determine Project Reporting (deliverables)
Task 1.4.1 Report and Plan format
Task 1.4.2 GIS format
Task 1.5 Determine Diagnostic Goals
Task 1.5.1 Identification of Flow Monitoring locations
Task 1.5.2 Identification of Televising locations
2.
Data Collection
Task 2.0 Collection and Review of Existing Information
Task 2.1 Interview City Maintenance and Engineering Staff
Task 2.2 Review Maintenance Records
Task 2.3 Review CCTV Videos (logs)
Task 2.4 Review Available Drawings
Task 2.5 Review Available Reports (including other contributing agencies)
Task 2.6 Initiate Flow Monitoring (for model calibration)
Task 2.7 Initiate Televising
Task 2.8 Integrate Data into Database
3. ComDuterlzed Data Base ManaQement System
Task 3.0 Data Management
Task 3.1 Analyze details of City's existing database
Task 3.1.1 Review historical data format
Task 3.1.2 Determine GIS data deliverable format
Exhibit "1"
.
.
.
Task 3.1.3 Arclnfo 8 Data Base Design
Task 3.2 Modify existing database
Task 3.2.1 Translate coordinate system to NAD 83
Task 3.2.2 Complete missing attributes
Task 3.2.2.1 Determine missing attributes
Task 3.2.2.2 Determine source of data to complete missing attributes
Task 3.2.2.3 Data processing
Task 3.2.3 Update to account for new pipes/manholes
Task 3.2.3.1 Review City recent drawing files
Task 3.2.3.2 Field Check
Task 3.2.4 Establish GIS linkage methods to maintenance management system
Task 3.2.4.1 Maintenance records
Task 3.2.4.2 Video log associations
Task 3.2.4.3 CIP status
Task 3.2.4.4 Scanned Plan linkage
Task 3.2.4.5 Customer information
Task 3.2.5 Provide GASB 34 Strategy Guidance
Task 3.3 Improve Accessibility
Task 3.3.1 Implement City's migration to current ESRI desktop software
Task 3.3.2 Train City engineering staff to use software
4. Data Processlna & Analvsis
Task 4.0 Modeling
Task 4.1 Model Building - Existing Collection System
Task 4.2 Model Calibration and Troubleshooting
Task 4.3 Develop Preliminary CIP in conjunction with City Staff
Task 4.3.1 Recommend Improvements based on existing system model
Task 4.3.2 Estimated cost for Recommended Improvements
Task 4.3.3 Prioritization and Scheduling of Recommended Improvements
Task 4.3.4 Guidance in CIP yearly budgeting
Task 4.4 Prepare Draft Outline of Master Plan Report
PHASE II
5. Data Processina & Analvsis
Task 5.0 Modeling
Task 5.1 Model Building - Master Plan
Task 5.2 Model Calibration and Troubleshooting
Task 5.2.1 Initiate Flow Monitoring to Identify Potential I & I Problems
Task 5.3 Develop Preliminary CIP recommendations
.
.
.
6.
Capacity. Manaaement. Operation and Maintenance
Task 6.0 CMOM compliance
Task 6.1 Develop recommendations to achieve compliance with CMOM regulations.
Task 6.2 Incorporate Recommendations into Master Plan report.
7. Wastewater Treatment Plant Capacity
Task 7.0 Plant Capacity Impact
Task 7.1 Obtain Plant Capac~y figures from S6 Water Dept
Task 7.2 Determine system expansion limitations
Task 7.3 Establish trigger mechanism to forewarn City staff of expansion limitations
Task 7.4 Incorporate Recommendations into Master Plan report
8. Master Pian Document Preparation
Task 8.0 Prepare Comprehensive Sanitary Sewer Master Plan document
Task 8.1 Prepare Master Plan Report
Task 8.2 I & I Data Interpretation; General Overview, incorporate in Report
Task 8.3 Develop Updated CIP in conjunction with City Staff
Task 8.3.1 Recommend Improvements based on existing & master system model
Task 8.3.2 Update Estimated cost for Recommended Improvements
Task 8.3.3 Update Prioritization and Scheduling of Recommended Improvements
Task 8.3.4 Update Guidance in CIP yearly budgeting
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S
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 10,2001
TO:
Jarb Thaipejr, Senior Civil Engineer
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2001-84
At the Mayor and Common Council meeting of May 7, 2001, the City of San Bernardino
adopted Resolution 2001-84 - Resolution authorizing execution of an agreement with PSOMAS
to provide professional engineering services for preparation of the Comprehensive Sanitary
Sewer Master Plan Authorization.
Enclosed is one (I) original agreement. Please obtain signatures where indicated on the
agreement and return to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by July 6, 2001.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed:
~ -tt",--
,. (r (J I 0 I
Please sign and return
Date:
.' '
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
June 7, 2001
TO:
Jarb Thaipejr, Senior Civil Engineer
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-84 - Psomas Agreement
At the Mayor and Common Council meeting of May 7, 2001, the City of San Bernardino
adopted Resolution 2001-84 - Resolution authorizing execution of an agreement with Psomas to
provide professional engineering services for preparation of the Comprehensive Sanitary Sewer
Master Plan Authorization.
On May 10, 2001, one (1) original agreement was sent to you for signatures. As of the above
date, our office has not received the executed agreement. If the document has been signed,
please forward it to the City Clerk's Office, to my attention; otherwise, please advise me of its
status.
Please be advised that the resolution and agreement will be null and void if not executed by
July 6, 2001.
If you have any questions, please call me at ext. 3206.
:rransmitt.al Form Archives
http://intra.psomas.comlprojectltransmittal/transprint.cfm?tb_id=316 J
PSOMAS
1700 Iowa Avenue, Suite 160 Riverside, CA 92507
Voice: 909-787-8421 Fax: 909-682-3379
Date: 06/14/01
Job No. 4SAN120100
Task 00001
Project: Comprehensive Sewer Master Plan
To: Robert Sepulveda - Public Works
City of San Bernardino
San Bernardino, Ca 92409
o Per Your Request
o Enclosed
o Under separate cover
o Prints
o Transparencies
[J Specifications
[J Diskettes
.....
[J Mail 0 Approval
[J Overnight [J Review and Comment
[J UPS [J Distribution
o Messenger 0 InformationIFiles
o Hand 0 Signature
[J Fed Ex
[J Fax
[J FTP / E-Mail
o Acknowledge
[J Return Enclosures
[J Respond By:
Enclosures:
....
1
1
1
Contract
Insurance Certificate
Insurance Indorsement
(If enclosures are not as noted, please inform us immediately,)
---
6/14/01
6/14/01
6/14/01
Issued By: Doug Goodman
Copies To:
With Enclosures:
OO~~~5D~~~
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
DEPARTMENT
1 of 1
6/14/01 11:36 AM
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
June 21, 2001
TO:
Finance
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-84 - Psomas Agreement
CC:
Attached is a copy of the executed agreement for professional engineering services for
preparation of the Comprehensive Sanitary Sewer Master Plan Authorization between the City of
San Bernardino and Psomas. The original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
,
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): -5 - ')-0' Item # 14
Vote: Ayes 1-') Nays.fT
Change to motion to amend original documents:
Resolution #
Abstain ..er
7CX)1-~1
Absent .e-
Reso. # On Attachments:
,/
Contract term:
Note on Resolution of Attachment stored separately: =-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: -5 - )(-() \
Date of Mayor's Signature: !S -~-UI
Date ofClerk/CDC Signature: 5-9-c \
NullNoid After: "0 OAfS, J ,- b -0 I
(
By: -
Reso. Log Updated: 'V""
Seal Impressed: ,../
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
,-\0-0\
(,,--rC\
See Attached: L Date Returned: 1.0- 20-0\
See Attached: ;"'"
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Persouuel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personuel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ,/
Parks & Rec.
Code Compliance Dev. Services /
Police Public Services Water
Notes:
Yes ,/ No By
-
Yes No ~ By
Yes No -L By
Yes No V By
Yes Nol By
EDA
Finance ,;'"
MIS
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: 11\,'.
Date: <O-ZO-()(
Revised 01/12/01