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CC - Item 2I - Sewer System Management PlanE M S F O '9 `~ FZ®SEMEA® CITY ~®UNCIL _ ~~~~' STAFF REP®RT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGER ~ ~,~„` DATE: NOVEMBER 18, 2008 SUBJECT: APPROVAL AND AUTHORIZATION TO SOLICIT ENGINEERING PROPOSALS TO DEVELOP A SEWER SYSTEM MANAGEMENT PLAN SUMMARY In accordance with the State Water Resources Control Board's (SWRCB) Order No. 2006-0003-DWQ, public agencies are required to develop and implement a Sewer System Management Plan (SSMP). The mandate includes the requirement to properly manage, operate and maintain all parts of the City's local sanitary sewer system, including the mitigation of any potential sewer overflows. Staff Recommendation Staff recommends that the City Council: 1. Approve the attached scope of work, for the development of the City's Sewer System Management Plan 2. Authorize staff to solicit proposals from the four (4) qualified on-call engineering consulting firms, currently on contract with the City (Attachment A) DISCUSSION Project Description/Scope of Services The City of Rosemead local sewer system provides wastewater collection service to a population of approximately 60,000, as well as numerous commercial and industrial customers. The sanitary sewer system consists of approximately 81 miles of gravity sewer main ranging in sizes from 6-inches to 12-inches diameter and assisted by one pump station. The City's collection system discharges to the Los Angeles County Sanitation District trunk sewers at various locations within the city. The City of Rosemead is entirely within the Consolidated Sewer Maintenance District (CSMD) formerly known as County Sanitation District No. 15 that was formed in 1945. xxc~rzm;>;, " I'~~. NOo ' APPROVED FOR CITY COUNCIL AGENDA: • • City Council Meeting November 18, 2008 Page 2 of 3 The local sewage system is under the jurisdiction of the City of Rosemead and is operated and maintained by the Los Angeles County Department of Public Works. On May 2, 2006, the State Water Resources Control Board (SWRCB) adopted Order No. 2006-0003-DWA requiring all public agencies that own or operate a sanitary sewer system comprised of more than one mile of sewer lines, which .convey untreated wastewater to a public owned treatment facility in the State of California, to develop and implement a Sewer System Management Plan (SSMP). The mandate further requires public agencies to electronically report all sanitary sewer overflows to the State Board's database. Since the City of Rosemead's sewer system falls within the Los Angeles County's Consolidated Sewer Maintenance District (CSMD), the City is planning to adopt its required SSMP in two (2) elements. The first element has been prepared by the Los Angeles County Department of Public Works under its scope of sewer maintenance and repair operations performed for the City as an agency member of the CSMD. The second element is that which will be prepared to supplement the first element and to complete the City obligation under the Order. These regulations were born out of growing concern about the water quality impacts of Sanitary Sewer Overflows (SSO), particularly those that cause beach closures or pose serious health and safety or nuisance problems. The SWRCB Order established a series of SSMP compliance milestones. The most important ones are the following: Task Required Completion Date • Develop Overflow Emergency Response Program, May 2,.2009 Operation& Maintenance Program, and Fats, Oil and Grease Control; Review Legal Authority • Develop, Design and Performance Standards, and August 2, 2009 System Evaluation and Capacity Assurance Plan; Submit Final SSMP Due to time constraints and fast approaching deadlines the City will have to timely send the RFP to the four (4) qualified on-call engineering consulting, currently on contract with the City (Attachment A). The consultant proposals are due to the City by Wednesday, December 17, 2008. Following submittal, staff will carefully evaluate the proposals. The screening and selection process for award will not be solely based on the fee schedules and costs included in the submitted proposals. Instead, the evaluation criteria will have to include City Council Meeting. , November 18, 2008 Page 3 of 3 the experience of the consultants in similar projects, service fees, management abilities and references. Man-hours and hourly rates are being requested from the consultants as part of their proposals, to determine that there is a "sufficient time allocated to do the work required. Barring any unforeseen issues, staff will present a contract award recommendation to the City Council at its scheduled meeting of January 13, 2008. FINANCIAL REVIEW Funding for the project has been approved and appropriated in the Capital Improvement Fund, budgeted in Fiscal Year 2008-09, account no. 4760-4214-P46329. ENVIRONMENTAL REVIEW This project does not require environmental review. LEGAL REVIEW This staff report has been reviewed and approved by the City Attorney. Prepared by: Lucien L anc City Engineer J Farid Hentabli Senior Management Analyst Submi e b Bri eki Assistant City Manager Chris Marcarello Deputy Director of Public Works Attachments: (1) Request For Proposal for the Development of Sewer System Management Plan (2) Attachment A -Consultant List (3) Sample Consultant Agreement CITY OF ROSEMEAD REQUEST FOR PROPOSALS SEWER SYSTEM MANAGEMENT PLAN November~18, 2008 -1- • • Overview The City of Rosemead is requesting proposals from qualified Civil Engineering firms to develop the City of Rosemead Sewer System Management Plan (SSMP). The Plan must comply with all of the elements required by the State Water Resources Control Board (SWRCB) Order No. 2006-0003-DWQ -Statewide General Waste Discharge Requirements for Sanitary Sewer Systems. The City of Rosemead wishes to adopt its required SSMP in two elements. The first element has been developed by the Los Angeles County Department of Public Works under .its scope of sewer maintenance and repair operations performed for the City of Rosemead, as member agency of the Consolidated Sewer Maintenance District (CSMD). The second element will cover and address the remaining mandates under the State Order. In addition, the City of Rosemead wishes to update the City's 1984 Master Plan of Sewers in order to develop a comprehensive planning guide for improving and upgrading the City's Sewer System over the next ten (10) years. This planning guide will be an essential component of the SSMP, and will enable the City to meet State and Federal standards as well as provide dependable service to the residents of the City of Rosemead. The City of Rosemead requires three (3) copies of your proposal to be submitted to the City Clerk's Office by 5:00 P.M. on Wednesday, December 17, 2008. As part of the proposal, cost estimates should be submitted in a separate sealed envelope. After the RFP is sent out to consultants, all communications from consultants to City staff regarding the proposal, or requesting specific information about the RFP, shall be shall be made in writing. Late proposals will not be accepted. Please address proposals to: Lucien J. LeBlanc, City Engineer, PE, Public Works Business Unit City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770. The proposal package needs to sealed and labeled as follows: Proposal For Sewer System Management Plan -CONFIDENTIAL -2- • Background On May 2, 2006, the State Water Resources Control Board (SWRCB) adopted a Statewide General Waste Discharge Requirements and Monitoring and Reporting Program (WDR) by issuing Order No. 2006 - 0003. The regulations contained in the Order were born out of a growing concern about the water quality .impacts of Sanitary Sewer Overflows (SSO), particularly those that cause beach closures or pose serious health and safety or nuisance problems.. There are two major components of the WDR: Requirements that those owners and operators of publicly-owned collection sewer systems, which are one mile long or greater, apply for coverage under the WDR and develop/ implement a Sewer System Management Plan (SSMP). The City of Rosemead local sewer system provides wastewater collection service to a population of approximately 60,000., as well as numerous commercial and industrial customers. The sanitary sewer system consists of approximately 81 miles of gravity sewer main ranging in sizes from 6-inches to 12-inches diameter and assisted by one pump station. The City's collection system discharges to the . Los Angeles County Sanitation District trunk sewers at various locations within the city. The City of Rosemead is entirely-, within the Consolidated Sewer Maintenance District (CSMD) formerly known as County Sanitation District No. 15, which was formed in 1945. The local sewage system is under the jurisdiction of. the City of Rosemead and is operated and maintained by the Los Angeles County Department of Public Works Maintenance forces. The last sanitary sewer report was prepared for the City by Willdan Engineering in 1984. It was subsequently updated by Willdan in 1988 as part of a broader infrastructure management report. Copies of these reports are on file in the City's Engineers office at City Hall. Earlier this year, the City of Rosemead received the Sewer System Management Plan (SSMP) for the Sewer Maintenance District of Los Angeles County, which was adopted by the County of Los Angeles Board of Supervisors. The District's SSMP is also currently available on the Department of Public Works website. The District's SSMP may be utilized as a guide in developing the City of Rosemead's specific SSMP. -3- SCOPE OF SERVICES The services to be performed shall include, but not necessarily be limited to, the following items that are required under the SWRCB. Order No. 2006-0030-DWQ, summarized below: 1) Assist the City with establishing the Organizational Structure to implement the City's SSMP ~ . 2) Assist the City with establishing the proper Legal Authority 3) Review the City's. existing Operation and Maintenance Program and update as necessary 4) Review the City's existing Design and Performance Provisions and update as necessary 5) Review the City's existing Overflow Emergency Response Plan and update as necessary 6) Review the City's existing Fats, Oils, and Grease (FOG) Control Program 7) Prepare the City's System Evaluation and Capacity Assurance Plan (City's Sewer Master Plan) .. 8) Establish Monitoring, Measurement and Program Modifications as appropriate to the City's SSMP 9) Assist the City in developing a Communication Program that allows public input as the City's SSMP is developed 10)Prepare all submittals required by the WDR The purpose of this project is to complete all components of the City's SSMP, as required by the State Order, for submittal to the SWRCB prior to August 2, 2009. The following completion dates are established by the WDR for populations between 10,000 and 100,000. Please refer to the State Order and all related material for all of the sections and components. It is expected that all elements will be completed in a manner that will allow the City to submit them to the SWRCB on time., The project schedule is critical to the success of the project. -4- Following are some of the critical deadlines: Mailing of RFP to Consultants November 19; 2008 Receipt of Written Requests for Clarification (if Applicable)December 1, 2008 Mailing Addendum Addressing Requests for Clarification December 9, 2008 Receipt of Consultant Proposals December 17, 2008 Award of Contract by City Council January 13, 2009 Legal Authority (Section D13 iii) May 2, 2009 Operations & Maintenance Program (Section D13 iv) May 2, 2009 ' Overflow Emergency Response Program (Section D13 vi) May 2, 2009 Grease Control Program (FOG) May 2, 2009 Design & Performance (Section D13v) August 2, 2009 System Evaluation & Capacity Assurance Plan (Section D13 viii)August 2, 2009 Final SSMP (All Required Elements Included) August 2, 2009 During the course of the project, it may be necessary to utilize prior City sewer studies. The City's sewer plans, maps, or other information are available at City Hall. The consultant shall make arrangements to come to City Hall whenever such information is required and locate the needed materials, arrange for their reproduction if necessary, and return the materials to'the proper location from which they were removed. -5- • ~ PROPOSAL REQUIREMENTS All proposals must include the following information: 1. A description of the firm's qualifications 2. Biographical data for the key personnel to be assigned to the project and their technical experience in the development of Sewer System Management or Sewer Master Plans 3. A list of similar projects that the firm has completed within the last five years 4. Name and addresses of at least three references, which the City may contact 5. A detailed fee estimate for each phase, broken down into tasks, should be provided on anot-to-exceed basis for each item. As part of the proposal, this cost .estimate should be submitted in a sealed envelope, separate from- proposal. 6. A schedule of man-hours and rates for the project 7. A Comprehensive schedule of phases with appropriate milestones; allowing for City review time The City does not recognize the US Postal Service, or any other organization, as its agent for purposes of accepting proposals. All proposals received after the deadline will be rejected and returned unopened. No extensions will be granted. All proposals will become. the property of the City and will be made available for public inspection after an award is made or all proposals are rejected. Rejection All proposals will be reviewed to determine conformance with the RFP requirements. Any proposal that the City deems incomplete, conditional, or non- responsive the requirements of the RFP may be rejected. The City reserves the right to reject any and all proposals as well. -6- SELECTION PROCESS AND CONTRACTUAL DEVELOPMENT The City's Project Selection Committee will review and evaluate all proposals received. The Committee may select finalists for .interviews or make a determination based on the written proposals submitted alone. Proposals will be evaluated based on the criteria listed below. The evaluation of proposals received will consider the qualifications of the consultant and any sub= consultant, the demonstrated experience of the Project Manager and Project Team, the approach for completing the work and the financial implications. In addition, proposals will be evaluated on the basis of, but not limited to: 1. Project Understanding -Firms' understanding of the project needs and priorities and the City's expectations of the selected firm 2. Project Approach - Innovativeness shown on other projects and creative approach to this project based on firm's understanding of'the City's needs 3.'• Recent Experience of Key Team Members -Firms key team members' experience that parallels the City's needs 4. Organization -Functional and administrative interface between team members and the City 5. Staff Logistics -Location and availability of staff to be responsive to the City on a cost effective basis 6. Quality Assurance/Quality Control Procedures -Policy and procedures implemented for appropriate reviews and demonstrated reliability 7. Financial Understanding - Understanding of relative manpower demands for various project phases and tasks; reputation for meeting project performance requirements on a cost .effective and competitive basis City staff is available to provide information and materials to facilitate your proposal. Please make your requests for information/ clarification in writing and forwarded to Lucien J. LeBlanc, City Engineer. The City reserves the right to reject any and all proposals should it choose to do so, and reserves the right to withdraw this Request for Proposals at any time. All submitted proposals will become the property of the City of Rosemead and will not be returned. Negotiations may or may not be conducted with consultant; hence, the proposal should include the consultant's most favorable terms and conditions since selection may be made without discussion with any consultant. Additionally, the City also makes no representations that any contract will be awarded to any consultant responding to this RFP. -7- Award of contract will be made only after a consultant is determined to be the most qualified of the respondents, approved by the City Council at its scheduled meeting on January 13, 2008 and after execution of the final version of the Agreement. Professional Services Agreement No agreement shall be binding upon 'the City until a Professional Services Agreement is completely executed by the Consultant, City Council, and approved by the City Attorney. Failure to execute and return the contract agreement and acceptable insurance documentations in a timely manner may be just cause for the City to rescind the contract offer. A sample professional services agreement has been attached as a reference. Minimum Insurance Requirements The Consultant shall, at its own expense, procure and maintain for the duration of the Agreement, insurance against claims-for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultants, its agents, representatives, employees, or subcontractors. Consultants shall also require all of its subcontractors assigned to the project to procure and maintain the same insurance requirement for the duration of Agreement. Conflict of Interest It shall be the duty of the Consultant to comply with all applicable State and Federal laws relating to prohibited conflicts of interest. As part of its response to this RFP, the Consultant shall disclose in writing any financial, business, employment, or other relationships with the City or with any of its officers, employees, or agents that are or were in existence during the twelve (12) calendar months immediately preceding, and including, the date the Consultant's response to the RFP is filed. In addition, the Consultant shall disclosed in writing any financial, business, employment or other relationships with any contractor or engineering who may have a financial in securing design and/or construction contracts for the project. The Consultant shall have a continuing obligation to keep the foregoing disclosures current and up-to-date during the term of this contract, and the Contractor's failure to timely disclose the existence of such a relationship shall be grounds for immediate termination of the contract. Permits and Local Licenses The Consultant shall obtain and pay for a business registration. as necessitated for doing work within the City of Rosemead. Valid licensure shall be in place for life of the contract as stipulated in the executed Professional Services Agreement. Attachment: Sample Letter of Agreement for SSMP Support Services -8- ®~ Sewer System~lVlaster Plan Request For Proposal November 18, 2008 ATTACHMENT A LIST OF CONSULTANTS: 1. ADVANCED APPLIED ENGINEERING, INC. 2. ENGINEERING AND CONSTRUCTION MANAGEMENT GROUP 3. KIMLEY-HORN AND ASSOCIATES, INC. 4. WILLDAN ENGINEERING [Date] [Consultant's Name] [Insert Address] [Insert City, State Zip] • Letter of Agreement for SSMP Support Services for the-.City of-Rosemead This is an Agreement between the City of Rosemead and the [Consultant's Name]. The Consultant, as an independent contractor;_shall.provide professional and engineering services ("Services") to the City of Rosemead~for the City's Sewer System Management Plan (SSMP). Acceptance and execution of this letter shall serve as the Notice to Proceed for this project, as described in the. City's On-Call Professional Engineering Services Agreement with Consultant. The Services to be provided include the following: Provide the City with professional engineering services related to the adoption of the Sewer System Management Plan (SSMP) for the City of Rosemead. ,:'Services shall also include updating the City's 1984 Master Plan of Sewers. Sikh services, including project deadlines and further details are more particularly. described in the request for proposals attached here to as Exhibit 'A" and incorporated herein by reference. Consultant shall perform-all Services under this Letter of Agreement in a skillful and competent manner; consistent with the standards generally recognized as being employed by .:professionals in the same discipline in the State of California, and consistentwith` all.. applicable laws. Consultant represents that it, its employees and sub-contractors have all licenses, permits, qualifications and approvals of whatever nature that "are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Compensation shall be based on the actual amount of time spent in adequately performing the such Services, and shall be billed at the hourly rate(s) of $ [insert rates for each type of employee to be used]. However, unless expressly agreed to in writing in advance by the City,.the cost to the City for the Services shall not exceed $[insert maximum budget]. [Addressee's Name [Date] Page 2 of 3 Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" .project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates. of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim, or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Consultant shall provide proof of commercial general liability and .automobile insurance to the City in amounts and with policies, endorsements and conditions required by the City for the Services. If Consultant is an employer or otherwise hires one or more employees during the term of this Project, Consultant shall also provide proof of workers compensation coverage for such employees, which meets all requirements of state law. Consultant shall also provide errors. and. omission professional liability insurance appropriate to its involvement with this,-.project, with conditions and for a term acceptable to the City. :.... Invoices shall be submitted 'to the,.;City monthly as performance of the Services progresses. City shall review and: pay the approved charges on such invoices in a timely manner. Services-on the Project; shall begin immediately and be completed by May 2, 2009, unless extended by_the:..City in writing. The City may terminate this Letter of Agreement at any time with` ar•` without cause. If the City finds it necessary to terminate this Letter of Agreement without cause before Project completion, Consultant shall be entitled to be .paid in full for those Services adequately completed prior to the notification of termination. Consultant may terminate this Letter of Agreement for cause only. All reports, as well, as all original reproducible drawings, plans, studies, traffic counts, memoranda,. computation sheets, electronic storage devices and other documents assembled or prepared by Consultant or Consultant's agents, officers or employees in connection with this Agreement shall be the property of the City of Rosemead. They shall be delivered to the City of Rosemead upon the completion or termination of the Project. Copies of said documents may be retained by Consultant, but shall not be made available by Consultant to any individual or organization without the prior written approval of the City of Rosemead, except as required by law. Addressee's N• [ ] [Date) Page 3 of 3 Consultant warrants that the individual who has signed this Agreement has the legal power, right and authority to make this Agreement and bind the Consultant hereto. If you agree with the terms of this Letter of Agreement, please indicate by signing and dating three (3) copies of original agreement where indicated below and return to the undersigned. Once the. documents are fully executed, one original will be returned to you for your records. CITY OF ROSEMEAD Approved by: Oliver Chi City Manager Attest: Gloria Molleda City Clerk [INSERT NAME, OF CONSULTANT] Reviewed and Acceptedby.Consultant: Signature . Name Title Date [If cost is $10,000 or less° signature lines below for city attorney may be removed] Approved as to Form: Garcia Calderon Ruiz LLP City Attorney