01-19-21 Agenda Packet Steve Vaus Barry Leonard Dave Grosch Caylin Frank John Mullin
Mayor Deputy Mayor Councilmember Councilmember Councilmember
c
Thank you for participating in your local government and the City of Poway council meetings.
Meetings | Regular City Council meetings are held on the first and third Tuesday of the month at
7:00 p.m.
Meetings | Pursuant to the Governor’s Executive Order N-29-20, a local legislative body is authorized
to hold public meetings via teleconferencing and to make public meetings accessible telephonically
or otherwise electronically to all members of the public seeking to observe and to address the local
legislative body, during the period in which local public officials impose measures to promote social
distancing. Although this Regular City Council meeting will be held at the Council Chambers located at
13325 Civic Center Drive, Poway, CA 92064, the Council Chamber will not be open to the public.
Remote public participation is encouraged in one of the following ways:
To Watch Live: To Speak and Participate:
www.poway.org/councilmeetings Go to: www.poway.org/meeting and join using
“Computer Audio”
If your electronic device has no microphone or
speakers:
Call: (877) 853 – 5247
Enter Meeting ID: 623 291 9830
Enter Participant ID provided on your computer
PLEASE NOTE: If you wish to participate, please
also read the Speakers section for detailed
instructions as it has changed.
Public Meeting Access | Residents are strongly encouraged to participate and view remotely at the
January 19, 2021 meeting livestream via www.poway.org/councilmeetings (to watch live), via
www.poway.org/meeting (to speak and participate), or on Cox Communications Channel 24 and
Spectrum Channel 19. Meetings are rebroadcast on Mondays, Thursdays and Fridays at 6 p.m. and
Saturday and Sundays at 3 p.m. Council meeting videos are archived and available for viewing on the
City’s website at www.poway.org/councilmeetings. Submission of written comments concerning items
on the agenda is encouraged.
Speakers | If viewing online or calling in via telephone, it is highly recommended to log in to the
waiting room at least 15 to 30 minutes prior to the commencement of the meeting. Persons wishing
January 19, 2021 | 7 p.m.
AG EN DA Poway City Council
Counci l Chamber I 73325 Civic Center Drive I Poway, CA I 92064
2 of 4 Regular City Council Meeting January 19, 2021
to address the Council on matters not on the agenda may do so under Public Comment. Those wishing
to speak on items on the agenda may do so when the item is being considered. If you wish to speak
and are joining the meeting online, please let the City Clerk know prior to the meeting or the
announcement of the item by raising your hand digitally or by submitting a chat. If you are not using
your computer’s audio, please remember to enter your Participant ID on your computer screen when
prompted on the phone. If you choose to call in without logging in online and you wish to speak on
an item, you may press *9 when the Mayor asks for speakers at the time that the item you wish to
speak on is being considered. You may speak up to three (3) minutes. The Mayor may reduce this time
if there are a large number of speakers. PLEASE NOTE: Comments submitted via email will be
accepted until 3:00 p.m. of the meeting date and distributed to the City Council as well as be
made available online after the meeting.
Technical Support | For more information on how to connect, visit www.poway.org/meetinghelp. If
you have trouble connecting or accessing the meeting, the Information Technology team is available
to help at (858) 668-4451.
Agenda Materials | This agenda contains a brief summary of each item the Council will consider.
The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are
available for viewing on the City’s website at www.poway.org. Sign up at https://poway.org/list.aspx to
receive email notifications when City Council agendas are published online. Items listed on the agenda
with a “#” symbol are in preparation.
American Disabilities Act Title II | In compliance with the Americans with Disabilities Act of 1990,
persons with a disability may request an agenda in appropriate alternative formats as required by
Title II. Any person with a disability who requires a modification or accommodation in order to
participate in a meeting should direct such request to the City Clerk’s office 858.668.4530 at least 24
hours prior to the meeting.
The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority,
Public Financing Authority and Successor Agency to the Poway Redevelopment Agency
CALL TO ORDER:
ROLL CALL:
PLEDGE OF ALLEGIANCE:
MOMENT OF SILENCE:
PRESENTATION:
3 of 4 Regular City Council Meeting January 19, 2021
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be
brought forward by the general public for comment; however, the City Council will not be able to
discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes.
Speakers have one opportunity to address the Council under Public Comment.
CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a
Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager
requests that an item be removed for discussion.
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the December 1, 2020 Regular City Council Meeting Minutes
3. Resolution to Continue the Existence of a Local Emergency within the City of Poway Due to the
Novel Coronavirus (COVID-19) Global Pandemic
4. Award of Agreement with Urban Corps of San Diego County for As-Needed General Maintenance
Services; RFP No. 21-016
5. Acceptance of the Sebago Avenue Channel Repair Project; Bid No. 21-001 with HSCC, Inc. as
Complete
6. Approval of Memorandum of Understanding Between the City of Poway and Poway Unified School
District for Meadowbrook Middle School Gymnasium Fire Alarm System Improvements
7. Acceptance of Public Improvements for the Parkway Summit Project; STI18-003
8. Summary Vacations of Portions of Certain Easements (VAC20-001, VAC20-002, VAC20-003, VAC20-
004) at 14400 and 14500 Kirkham Way (APN: 323-091-09)
9. Award of Contract to Sunbelt Controls for the City Hall HVAC Controls Project; RFP No. 21-013
10. Award of Contract to Southern Contracting Company for the Power to Blue Crystal Reservoir
Project; Bid No. 21-010
11. Partial Acceptance of the LED Street & Safety Lighting Conversion Project; RFP 19-025 with Tanko
Lighting, Inc., as Complete
12. Adoption of a Resolution to Amend the Charter for the Budget Review Committee
13. Award of Contract to Y&S Technologies for Desktop Computer Replacement Purchase and
Services; RFP No. 21-014
ORDINANCES FOR INTRODUCTION: None
ORDINANCES FOR ADOPTION: None
PUBLIC HEARINGS: None
STAFF REPORTS:
14. Los Penasquitos Lagoon Restoration Project
City Manager's Recommendation: It is recommended that the City Council receive the report
and provide direction to staff.
WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
AD!OURNMENT
State of California
County of San Diego
)
) ss.
)
AFFIDAVIT OF POSTING
I, Ana Marie Alarcon, Senior Administrative Assistant of the City of Poway, hereby declare under penalty of perjury
that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on
January 12, 2021 at 5:30 p.m. Said meeting to be held at 7:00 p.m., January 19, 2021, in the Poway City Council
Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance
to City Hall.
Ana Marie Alarcon, Senior Administrative Asst.
4 of 4 Regular City Council Meeting January 19, 2021
ATTACHMENT ANOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES December 1, 2020 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Vaus called the Regular Meeting to order at 7:00 p.m. ROLL CALL Present: John Mullin, Barry Leonard, Dave Grosch, Steve Vaus Absent: Caylin Frank STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Vaida Pavolas; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Fire Chief Jon Canavan; Captain Dave Schaller, Sheriff's Department (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.) PLEDGE OF ALLEGIANCE Councilmember Leonard led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. Mayor Vaus recognized the City as it celebrated 40 years of incorporation. PRESENTATIONS None. 2 of7 January 19, 2021, Item #2
City of Poway -Minutes -December 1, 2020
PUBLIC COMMENT
Rebecca McGowan, via teleconference, spoke regarding the annual Nutcracker production
performed by Southern California Ballet at the Poway Center for the Performing Arts.
Kathleen Lippitt, via teleconference, spoke regarding public health and COVID-19.
Karen Boyle, via teleconference, requested Council to consider pickleball courts at Silverset Park.
Janet Lettang, via teleconference, spoke regarding the Poway Center for the Performing Arts.
Yuri Bohlen, via teleconference, spoke regarding Prop FF and development in South Poway.
Michael Rennie, via teleconference, spoke regarding Poway OnStage's Virtual Field Trips.
Tom Farley, via teleconference, spoke regarding his traditional Christmas tree light display and
explained that this year's tree was dedicated to Executive Assistant to the City Manager Carol
Legg in honor of her years of service to the City and congratulated Ms. Legg on her retirement.
CONSENT CALENDAR
Councilmember Grosch and Councilmember Leonard requested to comment on Item 4.
Motioned by Councilmember Grosch, seconded by Councilmember Leonard to approve
Consent Calendar Items 1 through 4. Motion carried by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Mullin, Leonard, Grosch, Vaus
None
None
Frank
None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the October 20, 2020 Regular City Council Meeting Minutes
3. Adoption of Resolution No. 20-090 entitled "A Resolution of the City Council of the City of
Poway, California, Finding and Declaring the Continued Existence of an Emergency within
the City Due to the Novel Coronavirus (COVID-19) Global Pandemic"
4. Award of Contract to Advanced Industrial Services, Inc. for the Boulder Mountain Reservoirs
No. 1 and 2 Rehabilitation Project; Bid No. 21-009
In response to Council inquiry, City Engineer Melody Rocco explained that the reservoirs were
identified in the 2014 Water System Assessment Study for rehabilitation and funds for the
project are included in the FY 2020-2021 budget. Additionally, Director of Finance Aaron
Beanan confirmed that the project is funded from ongoing water rates.
ORDINANCES FOR INTRODUCTION
3 of7 January 19, 2021, Item #2
City of Poway -Minutes -December 1, 2020
5. An Ordinance Amending Chapter 10.42 (Truck Routes and Maximum Gross Weight Limits) of
the Poway Municipal Code
City Engineer Melody Rocco presented the report.
No speakers.
As requested by Mayor Vaus, City Clerk Vaida Pavolas titled the Ordinance.
Motioned by Councilmember Leonard, seconded by Councilmember Mullin to
introduce Ordinance No. 846 entitled "An Ordinance of the City Council of the City of
Poway, California, Amending Chapter 10.42 (Truck Routes and Maximum Gross Weight
Limits) of the Poway Municipal Code" and schedule adoption of the Ordinance for
December 15, 2020. Motion carried by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Mullin, Leonard, Grosch, Vaus
None
None
Frank
None
ORDINANCES FOR ADOPTION
6. Second Reading and Adoption of Ordinance No. 845 entitled "An Ordinance of the City
Council of the City of Poway, California, Amending Chapter 2.20 (Administrative Appeals) of
the Poway Municipal Code"
No speakers.
Motioned by Councilmember Leonard, seconded by Councilmember Grosch to adopt
Ordinance No. 845 entitled "An Ordinance of the City Council of the City of Poway,
California, Amending Chapter 2.20 (Administrative Appeals) of the Poway Municipal
Code". Motion carried by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
PUBLIC HEARINGS
Mullin, Leonard, Grosch, Vaus
None
None
Frank
None
7. Tentative Tract Map (TTM) 20-003 and Development Review (DR) 20-002, a Request to
Construct a Mixed-Use Development with 212 Multi-Family Condominium Units and 11,364
Square Feet of Commercial Space and Outdoor Plazas and Amenities in the Poway Road
Specific Plan Area at the Carriage Center and Former Poway Fun Bowl, 12845 to 12941
Poway Road
Mayor Vaus opened the public hearing at 7:30 p.m.
4of7 January 19, 2021, Item #2
City of Poway -Minutes -December 1, 2020
Associate Planner Scott Nespor presented the report along with a PowerPoint presentation.
Mr. Nespor discussed the proposed modifications to the project since the most recent Pre-
Development Conference presented to the City Council on September 15, 2020 and
neighborhood meeting held on November 5, 2020. Mr. Nespor explained that per City Council
and public feedback, the project has been modified to reduce the number of residential
condominium units from 220 to 212, increase the commercial space to a total of 11,364 square
feet, and increase the quasi-public open space to 9,955 square feet. Mr. Nespor explained
that as a result of the decrease in residential units and planned reconfiguration of the Big 'O'
Tire Center, there is a surplus of three parking spaces. Additionally, he added that three
community benefits are required to allow the height and density of the proposed project. He
stated that, as part of the community benefits, the applicant is proposing to permanently
reserve two spaces for restaurants, incorporate a total of 9,955 square feet of quasi-public
space, and contribute $500 per dwelling unit to the Community Benefits Fund. He further
explained that the applicant will add an additional traffic signal, new pedestrian crosswalk and
various streetscape improvements such as new sidewalks, street trees, a bus stop shelter,
new median landscaping, and bike lanes. Mr. Nespor concluded that the project complies with
the requirements, development standards and guidelines of the Poway Road Specific Plan
and that the project is fully covered by the previously certified Environmental Impact Report
and no further environmental review is necessary.
Ed McCoy, Senior Vice President of Fairfield Residential presented an overview of the
proposal highlighting the changes made in response to the feedback received at the
September 15 Predevelopment Conference.
The following speakers spoke, via teleconference, in support of the mixed-use development:
Dave Dilday, Dave Peterson, Vince Provenzano, Pete Babich, Toni Bates, Jamil Shamoon
and Anthony Widerburg.
Nancy Shultz, Chris Brown, Dave Messner and Maykia Vang expressed support for the project
via email.
The following speakers spoke, via teleconference, in opposition to the project: Wendy and
Mike Fascetti and Yuri Bohlen.
Carla Cocco, Sarah Nethercot and Amy Jackson expressed opposition to the project via email.
The following speakers spoke, via teleconference, neutrally towards the project: Camille
Stewart, Kathleen Lippitt, Marshall Hill, and Kevin McNamara.
Mayor Vaus closed the public hearing at 8:21 p.m.
Council discussion ensued in support of the modifications made to the project and highlighted
that the project meets the vision of the Poway Road Specific Plan and will revitalize this portion
of Poway Road.
In response to Council inquiry, Ed McCoy explained that Fairfield is willing to accommodate
additional visual barriers along the south property line if the proposed landscaping and
improvements do not suffice.
At the request of Councilmember Leonard, Council concurred to discuss how the Community
Benefits Funds will be utilized at a future Council meeting.
5 of7 January 19, 2021, Item #2
City of Poway -Minutes -December 1, 2020
Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No.
20-091 entitled "A Resolution of the City Council of the City of Poway, California,
Approving Tentative Tract Map 20-003 and Development Review 20-002 for a Mixed-Use
Development Project within the Poway Road Specific Plan, Town Center District.
Assessor Parcel Numbers: 317-490-55 and 317-490-69." Motion carried 4/0/1, with
Deputy Mayor Frank absent.
8. Resolution Adopting the Authorization to Submit an Application for Additional Community
Development Block Grant -Coronavirus (CDBG-CV) Funds
Mayor Vaus opened the public hearing at 8:48 p.m .
Assistant City Manager Wendy Kaserman presented the report.
No speakers.
Mayor Vaus closed the public hearing at 8:50 p.m.
Motioned by Mayor Vaus, seconded by Councilmember Leonard to adopt Resolution
No. 20-092 entitled "A Resolution of the City Council of the City of Poway, California,
Authorizing Submission of an Application for Community Development Block Grant
Coronavirus Funding (CDBG -CV)." Motion carried 4/0/1, with Deputy Mayor Frank
absent.
STAFF REPORTS
None.
WORKSHOPS
None.
COUNCIL-INITIATED ITEMS
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C.
53232(d))
The Mayor and Council made announcements and reported on various events taking place in the
City. No action was taken.
Director of Public Works Eric Heidemann, serving as Poway's representative to the San Diego
County Water Authority Board of Directors, gave a brief update on the Board's approval of the
next phase of the Regional Water Conveyance System Study.
Councilmember Leonard reported out from the PCPA ad hoc committee meetings.
Councilmember Leonard explained that he and Councilmember Grosch recommended staff
return to Council with financial options for the City to retain the ownership and continue to operate
the PCPA. Council supported their recommendation.
6 of7 January 19, 2021, Item #2
City of Poway -Minutes -December 1, 2020
Councilmember Grosch reported out from a recent meeting of the San Dieguito Riverpark JPA.
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
CLOSED SESSION:
5. Conference with Legal Counsel -Existing Litigation (Government Code§ 54956.9(d)(1))
Name of Case: Pina Smoothies v. City of Poway
San Diego Superior Court Case No. 37-2020-00018626
At the request of City Attorney Alan Fenstermacher, Mayor Vaus adjourned the meeting into
Closed Session at 9:00 p.m.
City Council came out of Closed Session at 9:20 p.m.
ADJOURNMENT
The meeting adjourned at 9:20 p.m.
7of7
Vaida Pavolas, CMC
City Clerk
City of Poway, California
January 19, 2021, Item #2
January 19, 2021, Item #3DATE: TO: FROM: CONTACT: SUBJECT: Summary: January 19, 2021 Honorable Mayor and Memn. of the City Council Jon M. Canavan, Fire Chief v Jon M. Canavan, Fire Chief (858) 668-4461 or jcanavan@poway.org Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic The Novel Coronavirus (COVID-19) global pandemic continues to cause unprecedented impacts on all economic and social segments of the United States. Federal, state, and county directives, mandates and orders to prevent, control and manage the spread of COVID-19 have, and continue to, impact Poway residents, businesses and visitors. On March 18, 2020, the City Council approved a resolution proclaiming a local emergency. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. Recommended Action: It is recommended that the City Council approve a resolution continuing the Proclamation of Local Emergency authorizing the City Manager to take necessary actions to protect the public and welfare of the City from the serious and imminent threat of COVI D-19. This action requires a four-fifths (4/5) vote of the City Council. Discussion: The COVID-19 global pandemic continues to impact business, education, healthcare, military, and social segments of the United States. COVI D-19 has resulted in a swift economic slowdown and high unemployment rates. Federal, state, and county directives, mandates, orders and guidelines have been issued to prevent, control and manage the spread of COVID-19. While efforts are focused on re-opening the economy and relaxing restrictions, impact on Poway residents, businesses and visitors continues. In response to the COVID-19 global pandemic, and its impact on Poway, the City Manager, serving as Director of Emergency Services for the City of Poway, proclaimed a local emergency on March 13, 2020. On March 18, 2020, the City Council approved Resolution No. 20-013 ratifying the City Manager's Proclamation of Local Emergency. On April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, and December 15, 2020, the City Council approved to continue the emergency action. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. 1 of 5
January 19, 2021, Item #3Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: As of January 4, 2021, City costs to respond to COVID-19 are estimated at $754,930. This amount differs from the amounts in the COVID-19 Economic Update staff report presented to Council on September 15, 2020 primarily because the amounts listed here relate to FEMA eligible expenditures. The total fiscal impact is unknown at this time. Per the City Council adopted General Fund Reserve policy, the City maintains a General Fund Reserve of 45 percent of the budgeted annual General Fund operating expenditures, or $19,233,004 as of June 30, 2020, net of the $2,000,000 used from the Extreme Events/Public Safety reserve the City Council approved on April 16, 2020 to fund the Poway Emergency Assistance Recovery Loan (PEARL) program. The PEARL program is discussed in more detail below. Within that 45 percent, $12,142,455 is set aside for Extreme Events/Public Safety. Based upon the City's reserve policy, there are adequate reserves to cover the costs to respond to this health emergency. Further, staff believes some of the costs are recoverable under State and Federal Disaster programs. Amounts recovered under these programs will be used to replenish the General Fund reserve. Pursuant to the reserve policy, staff will return with a plan to replenish any General Fund reserves not replenished under a State or Federal Disaster program. Staff will recommend applicable budget adjustments prior to the completion of the current fiscal year. In addition to using reserves to respond to COVID-19, as mentioned above, on April 16, 2020, the City Council approved $2,000,000 to fund the PEARL program for small businesses. The PEARL program's goal is to offer financial assistance to small businesses located in Poway by complementing existing state and federal loan programs and to provide a financial bridge to businesses to survive the current emergency. The PEARL program provides loans of up to $50,000 to eligible business. As of January 4L 2021, staff has received 79 applications requesting $2,862,165 in loans. Based on staff's review, 35 loans totaling $1,385,326 have been approved. The reserve fund will be replenished from the repayment of PEARL loans over a three-year period following the end of the local COVID-19 emergency. This period falls within the General Fund Reserve Policy's direction to fully replenish reserves within five years of use. Public Notification: None. Attachments: A. Resolution B. Proclamation of Local Emergency Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager
January 19, 2021, Item #3RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING THE CONTINUED EXISTENCE OF AN EMERGENCY WITHIN THE CITY DUE TO THE NOVEL CORONAVIRUS (COVID-19) GLOBAL PANDEMIC WHEREAS, the Novel Coronavirus (COVID-19) global pandemic in the City of Poway, commencing on or about January 24, 2020 that creates a threat to public health and safety; WHEREAS, Government Code section 8630 and Poway Municipal Code (PMC) Section 2.12.060 empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by a public calamity, and the City Council is not in session; WHEREAS, on March 13, 2020, the City Manager, acting pursuant to Government Code section 8630 and PMC section 2.12.060, proclaimed the existence of a local emergency based on conditions of extreme peril to the health and safety of persons caused by the Novel Coronavirus (COVID-19) global pandemic; WHEREAS, on March 18, 2020, the City Council, acting pursuant to Government Code section 8630 and PMC section 2.12.065, ratified the existence of a local emergency within seven (7) days of a Proclamation of Local Emergency by the City Manager; WHEREAS, the City Council, acting pursuant to PMC section 2.12.065, approved extending the emergency declaration during regularly scheduled meetings on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1 and December 15, 2020; WHEREAS, Public Contract Code Section 20168 provides that the City Council may pass by four-fifths (4/5) vote, a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; WHEREAS, upon adoption of such resolution, the City Manager may expend any sum required in the emergency and report the same to the City Council in accordance with Public Contract Code Section 22050; WHEREAS, if such expenditure is ordered, the City Council shall review the emergency action at each regular meeting, to determine if there is a need to continue the action or if the Proclamation of Local Emergency may be terminated; and WHEREAS, such the Novel Coronavirus (COVID-19) global pandemic constitute an emergency within the terms of Public Contract Code Sections 20168 and 22050 which requires that the City Manager be able to act quickly and without complying with the notice and bidding procedures of the Public Contract Code to safeguard life, health, or property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby finds and declares: 3 of 5 ATTACHMENT A
January 19, 2021, Item #3Resolution No. 21-Page 2 SECTION 1: An emergency continues to exist within the City as the result of the Novel Coronavirus (COVID-19) global pandemic; and (a) The continuing threat of the Novel Coronavirus (COVID-19) global pandemic requires that the City be able to expend public money in order to safeguard life, health, or property; (b) The City Manager, as the City's Personnel Officer, is authorized to take actions necessary to alter employee leave policies and ensure a safe and healthy workforce; (c) The City Manager is authorized to safeguard life, health, or property without complying with notice or bidding procedures; and (d) Once such expenditure is made, the City Manager shall report the conditions to the City Council at each regular meeting, at which time the City Council shall either continue the emergency action or declare the emergency ended. SECTION 2: This Proclamation of Local Emergency and all subsequent resolutions in connection herewith shall require a four-fifths (4/5) vote of the City Council. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 19th day of January, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 4 of 5
January 19, 2021, Item #3PROCLAMATION OF LOCAL EMERGENCY WHEREAS, section 2.12.060 of the Poway Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; WHEREAS, the City Manager, as Director of Emergency Services of the City of Poway, does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Poway, caused by the Novel Coronavirus (COVID-19) commencing on January 24, 2020; WHEREAS, that the City Council of the City of Poway is not in session and cannot immediately be called into session; and WHEREAS, this Proclamation of Local Emergency will be ratified by the City Council within seven days of being issued. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services for the City of Poway, that a local emergency now exists throughout the City and that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City, and by the City of Poway Emergency Plan; and IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation of Local Emergency be forwarded to the State Director of the Governor's Office of Emergency Services with a request that; 1. The State Director find the Proclamation of Local Emergency acceptable in accordance with provisions of the Natural Disaster Assistance Act; and 2. The State Director forward this Proclamation, and request for a State Proclamation and Presidential Declaration of Emergency, to the Governor of California for consideration and action. PASSED AND ADOPTED by the Director of Emergency Services for the City of Poway this 13th day of March 2020. Director of Emergency Services 5 of 5 ATTACHMENT B
January 19, 2021, Item #4DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL January 19, 2021 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works ti,~ Will Wiley, Assistant Director of Public Works for Maintenance Operation.A/ (858) 668-4705 or wwiley@poway.org ']Jr Award of Agreement with Urban Corps of San Diego County for As-Needed General Maintenance Services, RFP No. 21-016 A notice inviting Request for Proposals (RFP) for As-Needed General Maintenance Services was duly advertised on November 12 and November 20, 2020. One proposal was received and opened on December 8, 2020. Urban Corps of San Diego County (Urban Corps) was found to be responsive to the criteria of the proposal. The term of the agreement is two (2) years beginning on February 1, 2021, through January 31, 2023, and may be extended for up to three (3) separate one-year term extensions. Recommended Action: It is recommended that the City Council award the Agreement for As-Needed General Maintenance Services, RFP No. 21-016, to the Urban Corps of San Diego County, and authorize the City Manager to execute the necessary documents. Discussion: The Public Works Facilities Maintenance Division services 25 various facilities, park restrooms and over 15 types of ancillary buildings totaling approximately 300,000 square feet citywide. Over 700 facility maintenance service requests are processed annually by City of Poway (City) facility maintenance staff. On occasion, service requests require additional support or technical expertise that staff does not have. The Public Works Department is seeking to fill this void with an agreement to provide as-needed general maintenance services. On November 12, the City advertised an RFP for general maintenance services in support of the Facilities Maintenance Division. The services authorized in the RFP include electrical, painting, dry wall repair, carpentry, masonry and general building maintenance services. The RFP was advertised on the City's website, online bid portal and in the local newspaper. In addition, staff contacted several general contractors regarding the bid opportunity. On December 8, 2020, the City received one proposal from Urban Corps. The indeterminate nature of the RFP's scope of work and the resulting 1 of 25
January 19, 2021, Item #4agreement's low dollar amount may be factors in why additional contractors did not submit proposals. Staff reviewed the proposal from Urban Corps and determined they met the qualifications to perform the work based on responsiveness to the RFP instructions and documents, qualifications, experience, and competitive pricing. Urban Corps is a B licensed General Building Contractor whose services cover a wide variety of trades. Urban Corps previously completed two maintenance projects for the City in Fiscal Years 2017-18 and 2018-2019. Additionally, Urban Corps has a long, successful history of working with city and state agencies on various projects, such as the cities of Chula Vista, Coronado, Escondido and San Diego. Additionally, Urban Corps is exempt from state prevailing wage and is Department of Industrial Relations exempt, which allows Urban Corps to provide competitive pricing and relieves staff of tracking payroll reports and filings. The agreement for As-Needed General Maintenance is essential to continue to provide the level of services anticipated by City staff, residents and customers that utilize City facilities. The services authorized by the agreement are for emergency repairs, call-outs, and services on an as-needed basis only to supplement the efforts of City staff and will allow the City to address outstanding requests, as well as prepares the City should COVID-19 impact the staffing levels in the future. The agreement's total not to exceed amount will be $75,000 for As-needed General Maintenance Services. The length of the Agreement is for two years beginning February 1, 2021, through January 31, 2023, with an option to extend the agreement for three (3) separate one-year terms. Extensions are subject to City Council appropriation of funds and mutual agreement by both parties. The maximum length of the agreement would be up to five (5) years. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Funds are available in the Facilities Maintenance Division's Fiscal Year 2020-21 budget (415010-41200 and 415010-43040) for As-Needed General Maintenance Repair Services. Public Notification: None. Attachments: A. Agreement with Urban Corps of San Diego County Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of25 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
January 19, 2021, Item #4City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of February, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and Urban Corps of San Diego County (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform as-needed general maintenance services in support of the Public Works Department; WHEREAS, Contractor is qualified to complete various projects and tasks as may arise through the issuance of task or work order and has represented that Contractor possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor 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 Contractor 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 Contractor. During said 60-day period Contractor 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 Contractor 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 Contractor. Such termination shall be effective upon delivery of said notice. 3 of 25 ATTACHMENT A
January 19, 2021, Item #45. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor 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. Contractor 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 Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor 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. Contractor 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, Contractor 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. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, 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 Contractor upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor 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 Contractor has a financial interest as defined in Government Code Section 87103. Contractor 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 of25 2
January 19, 2021, Item #4"Contractor" 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 (8) 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. Contractor/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 5 of 25 3
January 19, 2021, Item #4years 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, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor 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. Contractor represents and warrants to City that Contractor 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 Contractor to practice its profession. 14. Contractor's Insurance. Contractor 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 Contractor'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 Contractor or any other person for, and Contractor 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 Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor 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 Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to I ndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. 6 of 25 4
January 19, 2021, Item #4( c) The foregoing obligations of Contractor 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 Contractor, 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 Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Contractor 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 Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor 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 Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor'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 Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor 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 Contractor by giving oral or written notice to Contractor to such effect. 7 of25 5
January 19, 2021, Item #4Contractor'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. Contractor 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 Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor 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," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor 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 Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City. 8 of25 6
January 19, 2021, Item #4Contractor 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 of25 7
January 19, 2021, Item #4IN 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: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: Alan Fenstermacher, City Attorney 10 of 25 Urban Corps of San Diego County 8 By:------------Kyle Kennedy, CEO Date: ___________ _
January 19, 2021, Item #4A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to perform general maintenance services as required by City, further described in the Scope of Services submitted with the proposals dated September 8, 2020, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated December 8, 2020, which are included in this document as Attachment 2. Total fee is not to exceed $75,000. Contractor's fee shall include, and Contractor 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, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor 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. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing February 1, 2021 and ending January 31, 2023, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal), the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than January 31, 2023. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. D. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: 11 of 25 9
January 19, 2021, Item #4(a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Contractor 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: Contractor 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: 12 of 25 10 City of Poway P.O. Box 789 Poway, CA 92074
January 19, 2021, Item #413 of 25 To Contractor: Urban Corps of San Diego County P.O. Box 80156 San Diego, CA 92138 (Remainder of page intentionally left blank) 11
January 19, 2021, Item #4Attachment 1 Scope of Services CONTRACTOR RESPONSIBILITIES Contractor agrees to perform general maintenance as required by City. Contractor shall provide the necessary qualified personnel to perform the services described below. 1. Duties of Contractor: During the term of this Agreement, the selected Contractor shall perform all work as described in the technical specifications and the following: a. Ensure that all Contractor employees are properly trained prior to start of Contract and each year thereafter, at such time as new hazards are introduced on the job, or when new employees are added to the roster. b. Conform to all applicable Cal-OSHA, DOT, and EPA regulations, including Cal-OSHA's Hazard Communications Standard. c. Conform to all other applicable Federal, State, and Local regulations. 2. Contractor Personnel: The Contractor's staff, including sub-contractors, shall wear professional attire that clearly identifies the company they work for. Clothing and other accessories (hat, mask, etc) shall be work-place appropriate. The City of Poway shall, throughout the life of the Contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the selected Contractor. If the City of Poway reasonably rejects staff or subcontractors, the selected Contractor must provide replacement staff or subcontractors satisfactory to the City of Poway. The day-to-day supervision and control of the selected Contractor's employees and subcontractors is the sole responsibility of the selected Contractor. Further, the Contractor shall be responsible for running background checks of their employees through the DOJ at their own costs and maintaining their staff's list of who has received a background check. 3. Company Representative I Local Office: The selected Contractor shall maintain a local office within the County of San Diego. The selected Contractor shall have a competent representative available during working hours that can make authoritative decisions and to discuss matters pertaining to the Contract. At all times during the term of this Contract, the Contractor shall provide the City with a twenty-four (24) hour/day, seven (7) days/week emergency phone number. An answering service is not acceptable, except when forwarding oral complaints (which shall be followed by written notice). Within two (2) hours after an emergency call is made requesting the Contractor to perform emergency services, the Contractor shall have a competent representative on site to commence the required service. A valid/active e-mail address that is monitored twenty-four (24) hours per day, seven (7) days per week shall be required to receive written notices and authorizations for emergency services. 14 of 25 12
January 19, 2021, Item #44. Invoices: The selected Contractor shall maintain written records of personnel and their work assignments. These shall include hours worked (time in/time out), facility assignment(s), and any work-related accidents, etc. Where the Contractor is required to pay prevailing wages, certified payrolls for each employee shall be maintained by the Contractor as required by Labor Code section 1776. These records shall be made available to the City upon request and must be maintained for not less than ten (1 O} years. Each assignment will be invoiced separately. Payment may be withheld until all adequate documentation is provided. 5. Productive Man-hours: The determination of the total daily productive man-hour requirements for the performance of all services herein is the sole responsibility of the Contractor. It is of the utmost importance that the Contractor utilizes skilled and productive manpower in order to satisfactorily furnish the required level of service specified in this solicitation. Failure on the part of the Contractor to utilize skilled and productive manpower may produce unsatisfactory results, which may cause the Director of Public Works to make adjustments to the Contractor's monthly invoice(s) for unsatisfactory or omitted work. 6. Quality Control: The selected Contractor shall institute and maintain throughout the Contract period a properly documented quality control program designed to ensure that the services are provided at all times and in all respects in accordance with the Contract. The program shall include providing daily supervision and conducting frequent inspections of the Contractor's staff and ensuring that accurate records are maintained describing the disposition of all complaints. The records so created shall be open to inspection by the City of Poway and made available upon request. 7. Quantity and Quality of Materials or Services: All goods or services furnished must meet the specifications prescribed by the City. Materials shall be delivered on site in original unopened containers. Materials are subject to inspection. Materials, which do not meet specifications or equal the quality of the sample provided when applicable, shall be rejected. [Remainder of Page Left Blank Intentionally] 15 of 25 13
January 19, 2021, Item #4TECHNICAL SPECIFICATIONS 1. Technical Specifications: a. Work described shall be performed Monday through Thursday between the hours of 7:00 a.m. to 3:30 p.m., and 7:00 a.m. to 3:30 p.m. on alternating Fridays, excluding holidays. There shall be no work on the alternating Friday on which City Hall is closed. Deviation from these hours will not be permitted without the prior consent of the Director or designee. b. The determination of the total daily productive man-hour requirements for the performance of all services herein is the sole responsibility of the successful Contractor. It is of the utmost importance that the Contractor utilizes skilled and productive manpower in order to satisfactorily furnish the required level of service specified in this solicitation. Failure on the part of the Contractor to utilize skilled and productive manpower may produce unsatisfactory results, which may result in the Director of Public Works to make adjustments to the Contractor's invoice(s) for unsatisfactory or omitted work, or to request that the work be re-done to industry standards at the Contractor's expense. c. The Contractor shall comply with applicable OSHA and Federal regulations under CFR 29; Section 1910.12 for proper training and by providing Material Safety Data Sheets proposed for use within ten (10) days of award of contract. 2. Personnel: Contractor will perform all work in a timely and workmanlike manner, using only qualified technicians with a minimum of 5 years of experience with equipment in the contract, and will adhere to all code standards of the City of Poway, EPA and any other state and federal requirements. 3. Scope of Work Details: The table on the following pages provides a list of the facilities that will be covered by the agreement. As an "as-needed" contract, the Contractor shall only perform such work under assignment from the City from time-to-time, each assignment being a distinct and separate project. Facilities may be added or deleted during the course of the contract. As-needed maintenance services for these facilities will include (but are not limited to) such services as: a. Electrical and Lighting: low voltage repairs and services b. Painting and patching repairs, vandalism, graffiti, etc. c. Installation, disassembly or assembly of furniture and related components d. General clean-up, maintenance and preventative maintenance of common areas as needed. e. Rough Carpentry, Finish Carpentry f. Dry Wall g. Roofing: Shingle, Built up (hot and cold), single ply (TPO, PVC, TPA) h. Glazing: wood, metal, vinyl, and store front framing i. Pressure washing and degreasing j. Lock and Security Equipment 16 of 25 14
January 19, 2021, Item #4k. Masonry I. Signage: street information signage, building signage m. Welding n. Specialty equipment and fixtures o. Insulation and acoustical City of Poway Facilities List Facility Address City Hall 13325 Civic Center Drive Council Chambers 13325 Civic Center Drive Public Services Administration 14467 Lake Poway Road Building Crew Lounge / Warehouse 14445 Lake Poway Road Vehicle Maintenance 14415 Lake Poway Road Vehicle StoraQe 14445 Lake Poway Road Camelback Pump Station 14445 Lake Poway Road TreatmenUAmmonia Building 14521 Lake Poway Road Lake Poway Administration Building 14644 Lake Poway Road Lake Poway -Concession Stand 14644 Lake Poway Road Lake Poway -FFA Buildings 14644 Lake Poway Road Lake Poway -Boat Dock 14644 Lake Poway Road Lake Poway -Pavilion 14644 Lake Poway Road Lake Poway -Entrance Booth 14644 Lake Poway Road Lake Poway -Crew Facility 14644 Lake Poway Road Lake Poway -Lower Ball Field Restrooms 14644 Lake Poway Road Lake Poway -Middle Restrooms 14644 Lake Poway Road Lake Poway -Upper Restrooms 14644 Lake Poway Road Community Park -Pool Entrance 13094 Civic Center Drive Building Community Park -Pool Filter Housing 13094 Civic Center Drive Community Park -Concession Stand 13094 Civic Center Drive Community Park -Auditorium 13094 Civic Center Drive Community Park -Recreation Office 13094 Civic Center Drive Community Park -Senior Center 13094 Civic Center Drive Community Park Ball Field Restrooms 13094 Civic Center Drive Community Park -Crew Shed 13094 Civic Center Drive 17 of 25 15 Sq. Feet 50400 5900 5700 7467 5628 5200 500 1500 1100 1850 3700 1510 100 600 1056 560 560 3249 1847 400 6000 550 15,013 501 400
January 19, 2021, Item #4Old Poway Park Museum 14134 Midland Road 2135 Train Barn 14134 Midland Road 2695 Templars Hall 14134 Midland Road 1620 Porter House 14134 Midland Road 2180 Nelson House 14134 Midland Road 1300 Hamburger Factory 14134 Midland Road 3420 Old Poway Park Museum 200 Restrooms 14134 Midland Road Train Depot 14134 Midland Road 3000 Treatment Plant -3400 Operations/Office 14521 Lake Poway Road Chlorine/Chemical Feed 14521 Lake Poway Road 5000 Filter Control Building 14521 Lake Poway Road 500 Material Handling Yard, 12325 Crosthwaite Circle 932 Hazardous Waste Records/Lounge Trailer 12325 Crosthwaite Circle 500 Meadowbrook Gymnasium 12320 Meadowbrook Lane 12400 Twin Peaks Gymnasium 14640 Tierra Bonita Road 11151 Arbolitos Sports Park Restrooms 14501 Arbolitos Drive 800 Garden Road Park Restrooms 14901 Garden Road 840 Hilleary Park Restrooms 13500 Community Road 840 Silverset Park Restrooms 14 795 Silverset Street 840 Starridge Park Restrooms 137 45 Carriage Road 840 Valle Verde Park Restrooms 16899 St. Andrews Drive 840 Sports Park -Ball Fields, Snack 12349 Mclvers Court 2450 Bar/Restaurant Sports Park -Equipment/Storage 12349 Mclvers Court 1400 Fire Station No. 1 13050 Community Road 18,198 Fire Station No. 2 16914 Westling Court 4863 Fire Station 3 14322 Pomerado Road 14056 City of Poway Library 13137 Poway Road 24,400 Performing Arts Center 15498 Espola Road 57,040 Sheriff's Station 13100 Bowron Road 15000 Kumeyaay-lpai Interpretive 1400 Center 13104 Silver Lake Drive Aubrey Park Concession 13544 Aubrey Street 700 18 of 25 16
January 19, 2021, Item #4I iron Mountain Restroom 1200 4. Materials Mark-up: Contractor may charge a mark-up of 10% for materials purchased in completion of approved work, however an invoice showing the amount charged to the Contractor must accompany all invoices submitted by Contractor to City for remittance. 5. Method of Performing Work: a. Methods of Operation: The Contractor shall be responsible for the safety, adequacy, and efficiency of the Contractor's personnel, equipment and methods. The approval of the City of any plan or method of work proposed by Contractor shall not relieve the Contractor of any responsibility thereof, and such approval shall not be considered an assumption by the City of any kind of liability, and the Contractor shall have no claim under this contract on account of failure or inefficiency of any plan or method so approved. Such approval shall be considered and shall mean the City has no objection to the Contractor's use or adoption at the Contractor's own risk and responsibility, of the plan or method so proposed by the Contractor. b. Scheduling of Operations: Contractor shall perform this work at such time as to minimize disturbance or interference to residents, and pedestrian or vehicle circulation. Working hours shall be 7:00 a.m. to 3:30 p.m., Monday through Thursday, and 7:00 a.m. to 3:30 p.m. on alternating Fridays, excluding holidays. There shall be no work on the alternating Friday on which City Hall is closed. Deviation from these hours will not be permitted without the prior consent of the Director or designee. c. Holiday Operations: There shall be no work on weekends or holidays on which City Hall is closed. Deviation from these hours will not be permitted without the prior consent of the Director, except for emergencies involving immediate hazard to persons or property. d. Reports and Schedules: Contractor may be requested by the City to submit reports and schedules as necessary. Reports shall be submitted electronically within 24 hours of work performed. Such reports may include, but not be limited to, the following: 1) Schedule of identified and prioritized recommended repairs, with estimated labor hours and material costs. 2) Invoices for materials and parts purchased. e. Safety: All work performed under this Contract shall be performed in such manner as to provide maximum safety to the public and comply with all safety standards required by Cal-OSHA. The City reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 6. Cooperation and Coordination with other Contractors: The Contractor shall cooperate with all other contractors who may be performing work on behalf of the City and workers who may be employed by the City on any work in the vicinity of the work to be done under this contract. The Contractor's operation shall interfere to the least possible extent with the work of such contractors or workers. Any difference or conflict that may arise between the Contactor and other contractors, or between the Contractor and City workers, with respect to execution of their work, shall be adjusted and determined by the City. 19 of 25 17
January 19, 2021, Item #4If the work of the Contractor is delayed because of any acts or omissions of any other contractor or contractors, the Contractor shall have no claim against the City on that account other than for an extension of time. 7. Hazardous Conditions: Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operation. Any hazardous conditions noted by the Contractor that is or is not a result of his/her operation shall immediately be reported to the City of Poway Public Works Department at (858) 668-4700 and Will Wiley, Public Works Assistant Director at (858) 668-4705. 8. Sound Control: Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to this contract. Operations that generate excess noise, i.e., running any type of power equipment, would not be allowed before 8:00 a.m. so as not to disturb the residents of the area. Any internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a type of muffler recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler and spark arrestor. 9. Unfavorable Maintenance Conditions: During inclement weather, or other unsuitable maintenance conditions, the Contractor shall confine operations to work that will not be adversely affected. No portion of the work shall be done under conditions that would adversely affect the quality or the efficiency of the work, unless by special means or precaution approved by the City, allowing the Contractor the ability to perform the work in a proper and satisfactory manner. 10. Protection of Existing Facilities and Structures: Contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities both above surface and underground on the City's property. Any damage to City or private property deemed to be caused by the Contractor's neglect, shall be corrected or paid for by the Contractor at no cost to the City. This will include loss of plant material. If the City requests or directs the Contractor to perform work in a given area it will be the Contractor's responsibility to contact the various utility companies to verify and locate any underground systems or utility lines. Contractor shall take responsibility for exercising caution when working in these areas. If the Contractor damages utilities, he will be responsible for making the necessary repairs at his own expense. Contractor will notify the City within two (2) hours of any damage that occurs. The City contact is Will Wiley, Public Works Assistant Director at (858) 668-4 705. 11. Repairs: All damages or alterations to City property resulting from the performance of work under these specifications during the term of contract shall be repaired or replaced immediately and in kind, to the satisfaction of the Director of Public Works and at no cost to the City. Repairs or replacements not completed to the satisfaction of the Director shall be deducted from the contract payment to cover costs 12. Litter Control: All debris generated by Contractor in the performance of work required in these specifications shall be removed from the site and properly disposed of by Contractor. Should Contractor not be able to self-haul, Contractor must contact the City's exclusive franchise hauler (presently EDCO Waste and Recycling Services) for services. The Contractor shall not enter into a contract with any hauler other than the City's franchise hauler. 20 of 25 18
January 19, 2021, Item #4Hazardous materials (e.g., chemicals, oils, other fuels,) used in the performance of work required in these specifications shall not be placed in any gutter or storm drain system, but must be collected and disposed of according to Federal or State laws, and/or County or City of Poway ordinances. 13. Proiect Inspections: The City will periodically inspect each project location for compliance with these specifications. 14. Warranty: All work performed under this contract will carry a minimum thirty-day warranty on labor and the manufacturer's warranty on material. [Remainder of Page Left Blank Intentionally] 21 of 25 19
January 19, 2021, Item #4Attachment 2 FEE PROPOSAL TABLE Labor Type Rate per Hour Equipment Fee (if any) Electrical and Lighting: low $42.00 NIA voltage repairs and services Forty-two. Painting and Patching Repairs, $42.00 N/A Drywall, vandalism, graffiti Forty-two. Installation, disassembly or $42.00 N/A assembly of furniture and related Forty-two. components General clean-up, maintenance $35.00 NIA and preventative maintenance of Thirty-five. common areas as needed. $42.00 NIA Rough carpentry Forty-two. $42.00 N/A Finish Carpentry Forty-two. Roofing repairs: Shingle, Built up $42.00 NIA (hot and cold), single ply (TPO, PVC, TPA) Forty-two. Glazing: wood, metal, vinyl, and $42.00 NIA store front framing Forty-two. Pressure washing and $42.00 N/A degreasing Forty-two. Lock and Security Equipment $42.00 NIA Forty-two. Masonry $42.00 NIA Forty-two. Signage: street information $42.00 $400.00 signage, building signage Forty-two. Four hundred. Welding $42.00 NIA Forty-two. $42.00 NIA Specialty equipment and fixtures Forty-two. $42.00 NIA Insulation and acoustical Forty-two. 22 of 25 20
January 19, 2021, Item #4EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 23 of 25 (!)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 21
January 19, 2021, Item #4Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 24 of 25 (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 Cali~ornia State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 22
January 19, 2021, Item #4Cal Gov Code § 7522.56 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to ( 1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13). effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015. Annotations Notes Amendments: Not~ 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). 25 of 25 23
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
CONTACT:
January 19, 2021
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services�
Jeff Beers, Special Projects Engineer �(858)668-4624 or jbeers@poway.or�
CITY COUNCIL
SUBJECT: Acceptance of the Sebago Avenue Channel Repair Project; Bid No. 21-001 with HSCC,
Inc., as Complete
Summary:
On September 15, 2020, the City Council awarded the contract for Sebago Avenue Channel Repair
Project; Bid No. 21-001, to HSCC, Inc., in the amount of $68,800.00. This action will accept the project
as complete.
Recommended Action:
It is recommended that the City Council:
(1)Accept the Sebago Avenue Channel Repair Project as complete;
(2)Authorize the City Clerk to file and record the Notice of Completion;
(3)Authorize the release of the retention in the amount of $3,556.31, if unencumbered, 45 days
after City Council acceptance;
(4)Release the United Fire & Casualty Company Bond for Material and Labor in the amount of
$68,800.00 after the release of retention; and
(5)Retain the United Fire & Casualty Company Bond for Faithful Performance for a period of one
year.
Discussion:
The Sebago Avenue Channel Repair Project consisted of cleaning and repairing an existing asphalt
concrete storm channel that is parallel to Sebago Avenue between Bowdoin Road and Springvale
Street. It also included constructing a new concrete overlay lining over the channel. There was one
change order for this project which increased the contract amount by $2,326.26, for the purpose of
reconstructing a small section of channel flow line due to an unknown reverse flow condition at the
north end of the channel. The final contract amount is $71,126.26.
Environmental Review:
The matter of acceptance of public improvements that have been completed, which were the subject
of a prior environmental determination, is not subject to the California Environmental Quality Act.
1 of 2
January 19, 2021, Item #5
January 19, 2021, Item #5Fiscal Impact: Sufficient funds are available in the Sebago Avenue Channel Repair Project account (DRN0004) for the release of retention. Upon project completion, funds remaining will be returned to Drainage Fund 231 0 for use on future projects. Public Notification: None. Attachments: None. Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of2 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
code requirements and must be replaced. The current fire alarm system in the Meadowbrook Gym
operates independently of MBMS main fire alarm panel and is maintained by the City. The District is
currently in the process of upgrading the fire alarm system for MBMS. Rather than the City and the
District leading two separate improvement projects, the City and the District have agreed that the
District is the responsible party to oversee the fire alarm system improvements at Meadowbrook Gym.
This will ensure that the system at Meadowbrook Gym is fully integrated with the schoolwide fire
alarm system at MBMS. Additionally, by installing one overall system, the City and District will avoid
issues associated with synchronization, potential gaps in knowledge or scope, and warranties that
could lead to significant costs in the future.
In accordance with the facility's Joint Use Agreement, major facility maintenance and equipment
replacement costs are to be shared by the City and the District. City and District staff recommend the
City and District split the costs of the project 50/50 as outlined in the MOU. The total anticipated cost
of the project is $224,000, which includes design, construction, inspection and Department of State
Architect fees. The City's share of costs for the fire alarm system improvements is $112,000. The
project will replace the entire fire alarm system and related door hardware in the Meadowbrook Gym,
replace the MBMS fire alarm panel, and tie the panel at the Meadowbrook Gym into the main campus
system. In FY 2019-20, the City allocated $65,000 for the project based on initial scoping of the fire
alarm system improvements. The initial $65,000 amount was an estimate absent a complete project
design and engineer's estimate. The project's increased costs and subsequent award is based on the
bids received from the District's formal public bidding process. The $65,000 initially allocated for the
project in FY 2019-20 was rolled to the FY 2020-21 Facilities Maintenance Division's budget, with the
shortfall being sought by appropriation.
The MOU for City Council's consideration outlines mutually agreed upon terms whereby the District
is responsible for all aspects of the project. Additionally, the District would assume ongoing
operational control and maintenance responsibilities of the complete system in perpetuity. The
benefit to the City is that the City will be released from ongoing monitoring and maintenance costs,
which amount to approximately $1,600 per year, not including staff management costs of the system.
The District has advertised and received construction bids for the project and will award the project
at an upcoming Board meeting, but the District approved the MOU on December 17, 2020. If the
MOU is approved by the City, the City agrees to transfer a not to exceed amount of $112,000 to the
District for its share of the project within 60 days of executing the MOU. The terms of the MOU are to
be effective when fully executed by the City and the District and shall remain in effect until terminated
by either party, upon sixty (60) days advance written notice.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Funds in the amount of $65,000 are budgeted and available in the Fiscal Year 2020-21 Facilities
Maintenance Division budget (415010-41200) for the City's share of costs for the Meadowbrook Gym
fire alarm system improvements. The project's total anticipated costs for the improvements is
$224,000, with the City's share being $112,000. An appropriation from the General Fund Unassigned
Fund Balance is requested in the amount $47,000.
2 of7 January 19, 2021, Item #6
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
POWAY AND THE POWAY UNIFED SCHOOL DISTRICT FOR
MEADOWBROOK MIDDLE SCHOOL GYMNASIUM
FIRE ALARM SYSTEM IMPROVEMENTS
This Memorandum of Understanding ("MOU") is made and entered into this _12t}!ay ofhecembet"
2020 by and between the City of Poway, a Municipal Corporation (hereinafter referred to as "City")
and the Poway Unified School District (hereinafter referred to as the "District").
RECITALS
WHEREAS, the City and District are mutually interested in and concerned with providing
adequate faci Ii ties and services; and
WHEREAS, said governing bodies are authorized by Chapter 5 of Division 1, Title 1 of the
Government Code of the State of California (Section 6500 et. seq.) to enter into agreements with each
other to promote and preserve the health and general welfare of the community; and
WHEREAS, the District owns the land and the City owns the building, commonly referred to
as Meadowbrook Middle School Gymnasium ("Premises") located at 12250 Meadowbrook Lane.
(APN 317031660); and
WHEREAS, Parties desire to make fire alarm system improvements ("Project") to the
Premises; and
WHEREAS, this MOU is being entered into by the parties in light of parties' separate
Facilities Joint Use Agreement (11 JUA'1
) entered into on June 12, 2007; and
NOW, THEREFORE, the City and District agree as follows:
I. PURPOSE OF THIS MOU
To establish the framework for the documentation and approval of the parties, agreements
relating to the Project.
II. DISTRICT OBLIGATIONS
District agrees to:
4of7
A. Undertake and complete all aspects of the Project, including but not limited to, the
planning, design, contract award, construction, inspection and other associated tasks to
integrate the fire alarm and suppression system with the Premises and bring the system
in compliance with applicable code requirements and standards, as required by the
Education Code, Division of State Architect, and the City of Poway Fire Department.
B. Be responsible for one hundred percent (I 00%) of all costs associated with the
District's contract and subcontract work to complete the Project.
C. Be responsible for the on-going operating expenses, including monitoring,
management, and maintenance of the building's Fire Alarm system, particularly the
hardware and software systems installed in this Project at Premises.
ATTACHMENT A January 19, 2021, Item #6
III. CITY OBLIGATIONS
City agrees to:
A. Within sixty (60) days of execution of this MOUt remit to the District a one-time
payment of One Hundred and Twelve Thousand Dollars ($112,000.00) for the Project
improvements to the Premises. This amount is approximately 50% of the total project
budget.
B. Be absolved from the ongoing equal cost sharing of the fire alarm system expenses.
IV. SCHEDULE OF PERFORMANCE
The parties agree the completion of the Project shall be within twelve (12) months from the
executed date of this MOU.
V. RELEASE OF LIABILITY
Each Party understands and acknowledges that District will perform the improvements and that
if District fails to properly do so, City will not be liable for any damages, direct, consequential,
or otherwise, nor any costs associated with defending any administrative action, legal
proceeding, cause of action, or any other matter resulting from such failure to properly perform
the improvements, which will all be subject to Section VI (Indemnification) of this MOU.
VI. INDEMNIFICATION
Each party agrees to indemnify, defend and hold harmless the other party and its respective
officers, agents, and employees from any and all claims, actions, and losses accruing or
resulting to any person who may be injured or damaged solely by the indemnifying party in
its performance of this MOU. This provision shall survive the term of the MOU.
VII. INSURANCE
VIII.
The Parties agree to secure and maintain insurance coverage for any and all risks that may
arise out of the terms, obligations, operations, and actions as set forth in this MOU,
including but not limited to public entity liability insurance. The acquisition of excess
insurance or the maintenance and operation of a self-insurance program may fulfill the
insurance requirement.
DISPUTE RESOLUTION
A. In the event ofany dispute or difference arising from this MOU, then in this event, said
dispute or difference should be settled and arbitrated jointly by the City Manager for
the City of Poway and Superintendent of Poway Unified Schools or their respective
designee.
B. If those efforts or any other agreed-upon formal mediation efforts are not successful,
the Parties shall have all remedies at law or equity to enforce the MOU, including
specific performance.
IX. COST OF LITIGATION
5 of7
If any legal action is necessary to enforce any provision of this MOU or for damages by
reason of any alleged breach of any provision of this MOU, the prevailing party shall be
entitled to receive from the losing party all costs, disbursements, and expenses, and such
amount as the court may adjudge to be reasonable attorney's fees.
January 19, 2021, Item #6
X. GOVERNING LAW
This MOU shaH be governed, construed, interpreted and enforced in accordance with and
under the laws of the State of California.
XI. TERM OF AGREEMENT
This MOU will commence upon its date of execution and shall remain in effect until
terminated by either party. The City or District may terminate this MOU upon sixty (60)
days advance written notice.
XII. AGREEMENT
A. This MOU contains the entire understanding of the Parties hereto with respect to the
subject matter contained herein and represents the complete and final expression of the
parties and supersedes any prior written or oral discussion, negotiation, understandings
or agreements between the parties regarding the subject matter contained herein.
B. This MOU amends the JUA entered in to on June 12, 2007, specifically Exhibit B,
Section D (Utilities), Item 5. All other terms and conditions of the JUA shall remain in
full force and effect.
C. No verbal agreement or conversation with any officer or employee of the parties shall
affect or modify any of the terms and conditions of the MOU.
D. This MOU may be altered, modified or amended only in writing, and executed by the
parties hereto.
XIII. EFFECTIVE DA TE
It is understood and agreed this MOU shall not be effective until it has been signed by all
parties and shall be effective as of the date it is signed on behalf of the City.
XIV. NOTICE
6of7
Notices or demands hereunder given, or to be given by the City or the District to the other may
be personally served upon the City or the District or any person hereafter authorized by either
in writing to receive such notice or may be served by certified letter addressed to the
appropriate address hereinafter set forth or to such other address as the City and the District
may hereinafter designate by written notice.
City of Poway
Director of Community Services and
Director of Public Works
City of Poway
13325 Civic Center Drive
Poway, CA 92064
Poway Unified School District
Associate Superintendent
Business Support Services
15250 Avenue of Science
San Diego, CA 92128
January 19, 2021, Item #6
January 19, 2021, Item #7AGENDA RE PO RT City of Poway DATE: TO: FROM: CONTACT: January 19, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services 1M Sara Trunzo, Associate Civil Engineer ~ (858) 668-4622/strunzo@poway.org CITY COUNCIL SUBJECT: Acceptance of Public Improvements for the Parkway Summit Project, STl18-003 Summary: Public Improvement Plan STl18-003 for the Parkway Summit project, also known as Vantage Point, included the installation of a new public water main, fire hydrants and associated appurtenances, a new public sewer main, and the extension of Kirkham Way and the adjacent sidewalk. The improvements are complete and ready for acceptance. Recommended Action: It is recommended that the City Council: 1. Accept the improvements shown on the plans for STl18-003 as complete; 2. Release the Performance Bond in the amount of $561,621.00 3. Release the Payment Bond, in the amount of $280,810.50 4. Retain the Warranty Bond in the amount of $56,162.10 for a period of one (1) year. Discussion: The water main, fire hydrants, sewer main, and roadway extension serve two new light industrial buildings on Kirkham Way. The construction has been completed in accordance with the Standard Agreement for Construction of Public Improvements (Attachment A), and acceptance by the Engineering Inspection Division. Staff finds the project to be complete in accordance with the project plans and specifications. Environmental Review: Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, a subsequent environmental document, or any additional environmental review or notice, is not required since the project is within the scope of the Mitigated Negative Declaration that was approved in conjunction with the approval of Tentative Parcel Map 06-04 and Specific Plan Amendment 84-01 WWW on March 13, 2007. 1 of 13
January 19, 2021, Item #7Fiscal Impact: None. Public Notification: None. Attachments: A. Standard Agreement Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of 13 Reviewed By: Alan Fenstermacher City Attorney App roved By: City Manager
January 19, 2021, Item #7Poway, California Agreement Date STANDARD AGREEMENT FOR CONSTRUCT/ON OF PUBLIC IMPROVEMENTS (STl18-0Q3) The CITY OF POWAY ("CITY") and RREEF CPIF KIRKHAM WAY JV, LLC, a Delaware limited liability company (collectively known as 11OWNER") agree as follows: A. OWNER is required to construct the following public improvements ("work") for the above-referenced project: a. Installation of a public water main, fire hydrants, and associated appurtenances b. Installation of public sewer main c. Roadway extension of Kirkham Way B. CITY-approved plans and specifications for the construction of the work, which are incorporated herein by reference, and identified Street Improvement Plans for (STl18-003). . C. The following are attached hereto and made a part hereof: Schedule A Public Improvements 1. IMPROVEMENTS: TIME TO PERFORM: For valuable consideration OWNER agrees to do, or cause to be done, at OWNER's expense and without any cost or liability to the CITY, all ·of the work described herein by the date specified on Schedule A. OWNER warrants that all of the materials supplied and work to be done will be of good quality and workmanship. Said work shall be in strict conformity with the plans and specifications of the work, the standard specifications and drawings for public improvements adopted by CITY, and this agreement. OWNER shall furnish all transportation, equipment, labor, services, permits, utilities, and all other items necessary to complete the work. OWNER shall pay all claims, demands, and liability arising out of or resulting from or in connection with the performance of the work. OWNER shall furnish accurate 11as constructed11 plans. In addition, Owner shall, prior to acceptance of the work by City Council, set all final monuments and stakes. OWNER's obligations herein are not limited by any cost estimates, nor will any estimate be a measure of damages. CITY, in its sole discretion and without liability to CITY, City Council Members, CITY's Engineer and their consultants, and each of their officials, directors, officers, employees and agents, may require changes, alterations, or additions to the plans and specifications which do not exceed ten percent (10%) of the original CITY approved cost estimate of the work. CITY, in its sole discretion and without liability ~o CITY, City Council Members, CITY's Engineer and their consultants, and each of their officials, directors, officers, employees and agents, may require changes, alterations, or additions in addition to said ten percent (10%) limitation if required to correct errors or omissions in the approved plans (11.11) 3 of 13 ATTACHMENT A Agreement - 1 of 8
January 19, 2021, Item #7and specifications, and for unforeseen conditions such as, but not limited to, rock excavation. unstable soil conditions, or high water tables requiring de-watering. 2. INSURANCE: OWNER shall not commence or continue to perform any work unless OWNER has in full force and effect all required insurance with companies satisfactory to CITY. To be acceptabf e, insurers must be authorized to ·do business and have an agent for service of process in California, and have an 11A11 policyholder's rating and a financial rating of at least Class XI in accordance with the current Best's Ratings. OWNER shall not permit any contractor or subcontractor to perform any work unless the worker's compensation insurance requirements have been complied with by each of them. All insurance poiicies shall be maintained until the work is accepted by the CITY and provide for coverage of aH causes of action or disputes arising out of acts in performance of the construction of the public improvement herein whether said causes or disputes are filed or brought to the attention of the CITY before or after the CITY acceptance of work. With approval of the CITY's Attorney, insurance coverage required by this section may be satisfied by insurance held in name of prime contractor of OWNER, provided that prime contractor coverage is sufficiently broad to include all losses on job site. As eviqence of coverage, OWNER shall provide certificates of insurance and endorsement of CITY forms. Each certificate shall bear an endorsement waiving right of cancellation or change in coverage without forty-five (45) days' notice in writing delivered to CITY. Before issuance of construction permit, OWNER shall provide certificate(s) of insurance, satisfactory to CITY, certifying that OWNER, and each of OWNER'S contractors, has for the agreement period, full worker's compensation insurance coverage for all persons who are or may be employed in carrying out the work. Before issuance of construction· permit, OWNER shall provide to CITY, certificates of insurance and endorsements that OWNER has liability insurance coverage naming CITY as additional insured for both bodily injury and property damage in a single limit of not less than that specified on Schedule A for any one occurrence. Liability insurance coverage shall include each of the following types of insurance as required by the CITY to carry out this agreement. A. General Liability B. Automobile Liability 1. Comprehensive Form 1. Comprehensive Form, 2. Premises-Operations Including Loading and Unloading 3. Explosion and Collapse Hazard 2. Owned 4. Underground Hazard 3. Hired (11.11) 4 of 13 5. Products/Completed Operations 4. Non-Owned Hazard 6. Contractual Insurance 7. Broad Form Property Damage Including Completed Operations 8. Independent Contractors 9. Personal Injury Contractual insurance shall be sufficiently broad to indemnify CITY as set forth in Paragraph 4. Any liability insurance naming the CITY insured, shall include as additional insured City Council Members, CITY's Engineer and their consultants, officials, directors, Agreement - 2 of 8
January 19, 2021, Item #7officers, agents, and employees. Insurance afforded them shall be primary insurance and the amount provided shall not be reduced or prorated by reason of any other insurance they might have. Nothing contained in these insurance requirements shall limit the liability of OWNER or OWNER's insurance companies. Review and acceptance of insurance certificates shall not constitute any representation by CITY or its representative that any required insurance has been issued. 3. OWNER1S LIABILITY: OWNER shall, at OWNER's sole cost and expense, be solely and completely responsible for all matters affecting the design, prosecution, progress and completion of the work, (both on and off the job site). OWNER shall be responsible for observing all laws. OWNER shall provide for public convenience and safety, and safety of workers, including OWNER's workers and those of OWNER's contractors, subcontractors and suppliers, and others contributing to the work. OWNER shall protect CITY property . and property rights of others, including the location, maintenance and replacement of utilities, whether shown on the plans or not. OWNER shall give prior notification to utility owners. OWNER shall protect against and prevent drainage from storm runoff. OWNER shall not interfere with the lawful use by others of easements and rights-of-way. Nothing in this agreement, the specification, or other contract documents, or CITYs approval of the plans and specifications or inspection of the work, shall relieve the OWNER or contractor of full responsibility for all aspects of the work. CITY, City Council Members, CITYs Engineer, and their consultants, and each of their officials, directors, officers, employees, and agents shall have liability for any aspect of the work. 4. OWNER'S INDEMNIFICATION: OWNER shall indemnify and hold harmless CITY, City Council Members, CITY's Engineer and their consultants, and each of their officials, directors, officers, agents, and employees from and against all liability, claims, damages, losses, expenses, and other costs, including costs of defense and attorney's fees, arising out of or resulting from or in connection with the design or construction of the work, both on and off the job site, and during and after completion. This, provided any of the above, is: (1) attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property (other than the work itself), including the loss of use resulting therefrom, and (2) caused in whole or in part by any act or omission of OWNER, OWNER's Engineer, any contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable. All of this regardless of whether or not it is caused in part by any act or omission (active, passive, or comparative negligence included) of a party indemnified hereunder. Said indemnification and agreement to hold harmless shall extend to injuries to persons and damages to or taking of property, resulting from the design or construction of said improvements causing the diversion of waters or from the design or construction or maintenance of drainage systems, streets and other improvements. Acceptance of these improvements by the CITY shall not constitute an assumption by the CITY of any responsibility for such damage or taking. As to any and all claims against the indemnified parties by any employee of OWNER, any contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnity obligations hereunder 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 OWNER, or any contractor, subcontractor, supplier or other person under worker's compensation acts, disability benefit acts or other employee acts. OWNER shall also indemnify and hold harmless CITY, City Council Members, CITY's (11.11) 5 of 13 Agreement -3 of 8
January 19, 2021, Item #7Engineer, and their consultants, and each of their officials, directors, officers, employees and agents from and against all losses, expenses, damages (including damages to the work itself)J attorney's fees, and other costs, including costs of defense, which any of them may incur both during and after completion with respect to any latent deficiency in the design, specifications, surveying, planning, supervision, observation of or construction of the improvements referred to herein or any injury to a person or property, real or personal, as a result of any such latent deficiency. CITY's costs shall include the cost of inspecting and restoring other portions of the work which CITY reasonably suspects may also be defective by reason of known defects in the work or other work performed by OWNER or OWNER's contractors, subcontractors, or suppliers or designed by their representatives. Provisions of this Paragraph 4 shall remain in effect ten ( 10) years following acceptance of improvements by the CITY. Nothing contained herein shall limit CITY's remedies pursuant to Code of Civil Procedure, Section 337.15. 5. SECURITY: With the execution of this agreement, OWNER shall furnish and deliver to CITY, at no expense to CITY, a payment bond and a performance bond. Each shall be in the amount of the CITY-approved estimate specified on Schedule A. Bonds shall be furnished by surety companies satisfactory to the CITY on the forms provided by CITY. No alterations or substitution of said forms will be allowed. To be acceptable, surety companies must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Treasury Department, and/or have an "A" policy holders rating and a financial rating of Class XI or better in accordance with the current "Best's Rating." The bonds will be limited to amounts acceptable to the Treasury Department. None of the following shall in anywise affect the obligations of any surety. Each surety waives notice thereof: (a) any change, extension of time, alteration, or additions to the terms of the agreement, or the work to be performed, or the plans and specifications therefore; (b) any matters unknown to surety which might affect surety's risk except that CITY will advise surety upon request of the following: (1) any written claims it receives from unpaid subcontractors or suppliers, and (2) any written orders received from other public authorities charging violations of laws, ordinances or regulations, and (3) failure of OWNER to comply wlth any written notice to correct defective work. The obligations of OWNER shall not be limited by the amount of such bonds. 6. TYPES/AMOUNT OF SECURITY: In lieu of payment and performance bonds, OWNER may furnish CITY cash, a Letter of Credit or an Agreement of Deposit as security for performance. Said security shall be in amount no less than one hundred percent (100%) of the cost estimate and, in addition, for payment of those furnishing materials, labor or equipment in amount not less than fifty percent (50%) of the cost estimate. Said security agreements shall be on forms furnished by CITY. No alterations or substitution of said forms will be allowed. The obligations of OWNER shall not be limited by the amount of the security required. 7. COSTS AND DEPOSITS: OWNER agrees to pay CITY, on demand, the full amount of all of CITY's costs incurred in connection with the work and this agreement. These costs include, but are not limited to, plan checking, inspection, materials furnished, attorney's fees incurred in connection with preparing and negotiating this agreement, and all other expenses, including engineers and attorney's fees of CITY, directly attributable to the work and this agreement. These costs shall include a reasonable amount for CITY's overhead in connection therewith, plus any applicable fees of CITY. CITY's costs shall include the cost of inspecting and restoring other portions of the work both during and after (11.11} Agreement - 4 of 8 6 of 13
January 19, 2021, Item #7acceptance, which CITY reasonably suspects may also be defective by reason of known defects in the work or other work performed by OWNER or OWNER's contractors, subcontractors, or suppliers or designed by their representatives. OWNER shall deposit with CITY concurrently with the execution of this agreement, such sums as the CITY establishes as deposits set forth on Schedule A. Should the actual expenses be in excess of the deposit set forth on Schedule A, OWNER shall pay the amount of such excess on demand. Should the actual expenses be iess than the estimated deposit oh Schedule A, the difference1 · without interest, shall be refunded· to OWNER within ninety (90) days of acceptance of work by CITY; provided, however, the CITY shall have the right first to apply any excess monies to any other obligation which OWNER might have to CITY. Said deposit is not a trust fund and said deposit may be co-mingled wit~ other similar deposits. 8. PARTIAL UTILIZATION: Until all work has been completed and accepted by CITY and all other public authorities having jurisdiction, OWNER shall be responsible for· the care, maintenance of, and any damage to the work. When the work or any portion of it is sufficiently complete to be utilized or placed into service, CITY shall have the right upon written notification to OWNER to utilize such portions of the work and to place the operable portions into service. With this notice and commencement of utilization or operation by the CITY, OWNER shall be relieved of the duty of maintaining the portions so utilized or placed into operation. However, such use and operation shall not relieve OWNER of the full responsibility for completing the work in its entirety, for making good defective work and materials, for protecting the work from damage, and for being responsible for damage and for the work as set forth herein. Nor shall such action by CITY be deemed completion and acceptance. Further, such action shall not relieve OWNER, or OWNER's sureties and insurers, of the provisions hereof relating to indemnity and guarantees. 9. ACCEPTANCE OF PROJECT/WARRANTY: Acceptance of the work shall only be by action of the City Council. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by CITY of any defects in the work. From and after acceptance, the work shall be owned and operated by CITY. As a condition to acceptance, OWNER and OWNER's contractor shall each certify to CITY in writing that all of the work has been performed in strict conformity with the agreement and that all costs have been paid or supply to CITY security, satisfactory to CITY, guaranteeing such performance. In addition to OWNER's other obligations under the agreement, OWNER warrants all work and materials to be of good quality and fit for the purpose and intended use. OWNER shall repair, replace, and restore any and all such work which may prove defective in workmanship and/or materials, without expense whatsoever to CITY; ordinary wear and tear and unusual abuse or neglect excepted. OWNER shall also repair, replace, and restore any other work which is displaced in correcting defective work, as well as other portions of the work which CITY by reason of such defects reasonably suspects may also be defective. OWNER shall provide a warranty bond or other security satisfactory to CITY for a period of one (1) year. Said bond or other security shall be in an amount satisfactory to CITY, but in no case less than ten (10) percent of project cost. Said bond or other security shall in no way limit the time within which CITY may bring action for breach of this warranty (CCP 337) or action for latent defects (CCP 337.15) nor the amount of such claim or judgment. In the event of a failure to commence with the compliance of above-mentioned conditions within seven (7) calendar days after being notified in writing or failure to diligently pursue such compliance to completion, CITY is hereby authorized to proceed to have the defects (11.11) 7 of 13 Agreement -5 of 8
January 19, 2021, Item #7repaired and made good at the expense of OWNER who hereby agrees to pay the cost and charges therefor immediately on demand. If, in the opinion of CITY, nonconforming work creates a dangerous condition or requires immediate correction or repair to prevent further loss to CITY or to prevent interruption of operations, CITY will attempt to give the OWNER notice. If OWNER cannot be contacted or does not comply with CITY's request for correction within a reasonable time as determined by CITY, CITY may proceed to make such correction or provide such repair. The costs of such correction or repair shall be charged against OWI\J ER, who agrees to make payment for said costs upon demand. Corrective action by CITY will not relieve OWNER or OWNER's sureties or insurers of the · guarantees and indemnities of this agreement. This paragraph does not in any way limit CITY1s remedies pursuant to Code of Civil Procedure, Section 337 and 337.15, or the guarantee on any items for which a longer guarantee is specified or on any items for which a manufacturer or supplier gives a longer guarantee period. OWNER agrees to act as a co~guarantor with such manufacturer or supplier, and shall furnish CITY all appropriate guarantees or warranty certificates upon completion of the project. No manufacturers guarantee period shall in any way limit the liability of OWNER or OWNER's sureties and insurers under the indemnity or insurance provisions of this agreement. 10. EASEMENTS AND FEE INTERESTS: OWNER shall at OWNER's sole cost and expense, furnish CITY with appropriate easements and fee title to required facilities sites for the entire work, free and clear of all liens, encumbrances, restrictions, and covenants, other than current real property taxes then a lien but not yet payable. At OWNER's cost and expense, OWNER shall furnish CITY with an acceptable title insurance policy insuring CITY has title as required above with an endorsement insuring CITY against mechanic's lien claims arising out of the performance of the work. Easements shall be in standard form acceptable to CITY, shall be not less than the width CITY determines necessary to maintain the work and shall be executed and delivered to CITY concurrent with execution of this agreement. Easements shall be recorded prior to CITY accepting the work or furnishing services to any portions of the property under devefopment (other than those as may be delivered under a temporary service agreement with OWNER). 11. CONTRACTORS AND AGENTS: OWNER shall be as fully responsible to CITY for the acts and omissions of OWNER's contractor and of the persons directly or indirectly employed by OWNER's contractor as OWNER is for the acts and omissions of persons directly or indirectly employed by OWNER. Nothing contained in the agreement shall create any contractual relationship between any contractor or others and CITY. OWNER shall bind every contractor to be bound by the terms of this agreement. 12. DEFAULT BY OWNER: OWNER shall be in default of this agreement if, in the sole discretion of the CITY, OWNER refuses or fails to construct the improvements required hereby in a workmanlike manner, or OWNER refuses or fails to prosecute the work or any separable part thereof with such diligence as will ensure its completion within the time specified hereinJ or any written extension thereof, or fails to complete such work within such time, or if OWNER should be adjudged bankrupt, make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of OWNER's insolvency or if OWNER or the contractor, or any of their subcontractors violate any of the provisions of this agreement, or if OWNER fails to make prompt payment for materials or labor or if OWNER disregards laws, ordinances, or instructions of CITY. CITY shall serve written (11. 11) Agreement-6 of 8 8 of 13
January 19, 2021, Item #7notice upon the OWNER and OWNER's surety of its intention to declare this agreement in default. Said notice will contain the reasons for such intention to declare a default. Unless, within ten (10) days after the service of such notice, such violations shall cease and satisfactory arrangements for the corrections thereof be made, this agreement shall upon the expiration of said time be iri default. Upon such default, CITY shall serve written notice thereof upon the surety and OWNER, and the surety shall have the right to take over and perform this agreement. If the surety does not, within fifteen (15) days after the serving upon it of a notice of default, give CITY written notice of its intention to take over and perform this agreement or does not commence performance thereof within thirty (30) days from the date of CITY's notice, CITY may take over the work and prosecute the same to the extent of completion it deems necessary by contract or by any other method it may deem advisable for the account and at the expense of OWNER, and the surety shall be liable to CITY for any cost or other damage occasioned CITY thereby. In such event, CITY may, without liability for so doing, take possession of and utilize in completing such work, such materials, appliances, plants, and other property belonging to OWNER that may be on the site of the work and be necessary therefore. Should surety fail to take over and diligently perform the agreement upon Principal's default, surety agrees to promptly, on demand, deposit with CITY such amount as CITY may reasonably estimate as the cost of completing all of OWNER's obligations. For any such work that CITY elects to complete by furnishing its own employees, materials, tools, and equipment, CITY shall receive reasonable compensation therefore, including costs of supervision and overhead. CITY may, at its option, elect not to complete any or all of the work and may elect not to accept any of the work already completed. If CITY elects not to accept any of the work, then all CITY's obligations to OWNER and the lands to be served shall terminate. CITY's obligations to OWNER and the lands to be served shall continue to the extent of any acceptance, subject to CITY's right to offset any sums due it. The foregoing provisions are in addition to, and not in limitation of, any other rights or remedies available to CITY. 13. REMOVAL OF IMPROVEMENTS: If the work is suspended or otherwise not continuously prosecuted for any cause whatsoever, within or without the time for completion, OWNER shall, at OWNER's sole cost and expense1 remove and replace all or any portion of the work already completed and inspected which CITY, in its sole discretion, determines is substandard, damaged, or may constitute danger to the public. 14. ATTORNEY FEES AND COSTS: Should CITY engage an attorney to enforce any provision of this agreement or to defend any claim brought by anyone arising out of the failure of OWNER to perform any of OWNER's obligations under this agreement, OWNER shall pay all of CITY's attorney's fees incurred in connection therewith, with or without suit, whether or not said attorney is in the regular employ of the CITY. 15. FUTURE CHARGES: Nothing in this agreement shall relieve OWNER or OWNER's successors or assigns of any obligation to pay any connection, installation. expansion or other fees, charges, or other expenses, including operation and maintenance expenses, required under any present or future established ordinances, rules, regulations, and policies of CITY. 16. ASSIGNMENT: The performance of the agreement may not be assigned, by OWNER except upon the written consent of CITY. Consent will not be given to any proposed (11.11) Agreement-7 of 8 9 of 13
January 19, 2021, Item #7assignment which would relieve OWNER or OWNER's sureties of their responsibilities under the agreement, unless CITY finds that assignee can perform this agreement and provide security comparable to that provided by OWNER. 17. NOTICE: All notices required hereunder shall be deemed served or given upon the earlier of actual receipt or deposit in the United States Mail, first class postage prepaid, addressed to OWNER at the address set forth below, to the surety at the address in the security instrument, and to CITY at P.O. Box 789, Poway, California 92074-0789. CITY OF POWAY By:~ ChrisHazeltine, City Manager OWNER: RREEF CPIF KIRKHAM WAY JV, LLC, a Delaware limited liability company By: RREEF CPIF Kirkham Way Member, LLC, a Delaware limited liability company, its Manager By: RREEF Core Plus Industrial REIT LLC, a Delaware limited liability company, its Member By: RREEF America, L.L.C., a Delaware limited liability company, its Investment Adviser Date: _s+-/1, ____ 1-1-l-t 'i ___ _ (Signatures Must Be Notarized) Approved as to Form: Office of the City Attorney l(/1{ VJ Alan Fenstermacher1 City Attorney Date m:\engserv\land development projects\20'I8\sti18·003 parkway sumrnit\sti•IB-003 standard agreement.docx (11.11) Agreement ~ 8 of 8 10 of 13
January 19, 2021, Item #7Californla All-Purpose Acknowledgment CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COLI NTY OF SAN DIEGO On June 24, 2019 before me, Carol 5. Legg, Notary Public, personally appeared Christopher Matthew Hazeltine, who proved to me on the basis of satisfactory evidence to be the person{-5} whose name{s} is/afe subscribed to the within instrument and acknowledged to me that he/she/~ executed the same in his/heF/theif authorized capacity(ies), and that by his/HeF/-theif signature{&,} on the instrument the person{-5¼, or the entity upon behalf of which the person{s} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~--••=•••=••·1 , CAROL S LEGG ~ .. Not•ry PL£blic • Cillforni1 i -~ S•n Di~!o County i ~ Commii~ion , 22Sl9Sll -•u " My Comm. Ex;iir~ AiJr 211, 20Zl OPTIONAL Title or type of document: Standard Agreement for construction of Public Improvements STl18-003 Document Date: Number of Pages: 6/12/2019 Eight (8) Signers Other Than Named Above: Michael Nigro for RREEF CPIF Kirkham Way, authorized signatory. 11 of 13
January 19, 2021, Item #7ILLINOIS ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Illinois County of CcP __ ~ __ _ On (V\~ Y cj l I d-0\4 before me ~ Y :A ,i\ ~\I bV\ , Notary Public (insert name and title of the officer) Personally appeared M \ e,~ae l ']-: ~t~\JO who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person( s ), or the entity upon behalf of which the person( s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of Illinois that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signarure ~~Q ~ SMRH:485774341. 3 060118 12 of 13 (Seal)
January 19, 2021, Item #7OWNER: RREEF CPIF KIRKHAM WAY JV, LLC, a Delaware limited liability company Agreement Date SCHEDULE A TO STANDARD AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS (STl18-003) This schedule is attached to and made a part of the Standard Agreement for Construction of Public Improvements between CITY and OWNER for the above-referenced project. The following correspond to the paragraph numbers of the agreement. 1. Completion Date: 2. Liability Insurance Limits: 3. a. Approved Cost Estimate: b. Approved Security Amount: Performance Payment (Labor & Materials). 4. Deposit/Fee Amount: Prior to issuance of first Building Permit or two (2) years from date of this agreement, whichever comes first. $2,000,000.00, combined limit each occurrence $561,621.00 $561,621.00 $280,810.50 See Note Below 5. Warranty Security Amount: ....... $5 ........ 6 ......... ,_16-'--2 ___ ._1 0 _________ _ (To be posted prior to acceptance of work) Note: Prior to start of construction, a deposit shall be paid to the City to cover inspection fees and related post-plan approval tasks. The minimum deposit shall be based on the City's fee rate at the time of payment. (2/13) Schedule A to Standard Agreement -1 of 1 13 of 13
January 19, 2021, Item #8DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway January 19, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services {)A Sara Trunzo, Associate Civil Engineers,\ (858) 668-4622/strunzo@poway.org CITY COUNCIL Summary Vac?1tions of Portions of Certain Easements (VAC20-001, VAC20-002, VAC20-003, VAC20-004) at 14400 and 14500 Kirkham Way (APN: 323-091-09) City staff has requested the vacation of portions of certain existing easements located at 14400 and 14500 Kirkham Way. City staff has confirmed that each portion of easement to be vacated is no longer necessary and may be vacated. Recommended Action: It is recommended that the City Council adopt the attached Resolutions ordering the summary vacation of: a portion of public street (Kirkham Way), a portion of a public pedestrian access easement, a portion of a general utility easement, and portions of a water utility easement located at 14400 and 14500 Kirkham Way, and direct the City Clerk to cause certified copies of the Resolutions to be recorded in the office of the Recorder of the County of San Diego. Discussion: The right-of-way for Kirkham Way, the pedestrian access easement, and the general utility easement were all dedicated to the public and accepted by the City through the recordation of City of Poway TPM 06-04, Parcel Map No. 21053 on June 25, 2013. Development of the adjacent property and the extension of Kirkham Way has removed the necessity of certain portions of the public street, pedestrian access easement, and general utility easement previously dedicated at the end of the cu I-de-sac. Attachments A, B, and Care resolutions that will vacate the unnecessary portions of the public street, pedestrian access easement, and general utility easement respectively. The water utility easement at APN 323-091-09 was dedicated to the City of Poway through the recordation of a Grant of Water Easement, Document No. 2019-0343649, prior to construction of the water improvements at 14400 and 14500 Kirkham Way. During construction, the City approved a construction change that revised the public water line layout in some locations. A new water utility easement has been granted for the portions of the water line that were revised. Attachment D is a 1 of 27
January 19, 2021, Item #8Resolution that will vacate the portions of water utility easement where the water line was not installed. Environmental Review: The vacation of easements and right-of-way are exempt from the California Environmental Quality Act (CEQA}, pursuant to section 15061 (b)(3) of the CEQA Guidelines, in that it will not result in an impact on the environment. Fiscal Impact: None. Public Notification: None. Attachments: A. Resolution Ordering the Summary Vacation of a Portion of a Public Street B. Resolution Ordering the Summary Vacation of a Portion of a Public Pedestrian Access Easement C. Resolution Ordering the Summary Vacation of a Portion of a General Utility Easement D. Resolution Ordering the Summary Vacation of Portions of a Water Utility Easement Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of 27 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
January 19, 2021, Item #8RECORDING REQUESTED BY City of Poway WHEN RECORDED RETURN TO: City Clerk City of Poway P.O. Box 789 Poway, CA 9207 4 No Transfer Tax Due APN: 323-091-09 (This space for Recorder's Use) RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ORDERING THE SUMMARY VACATION OF A PORTION OF A PUBLIC STREET, TO WIT: KIRKHAM WAY, ALL IN CITY OF POWAY TPM 06-04, PARCEL MAP NO. 21053 (VACATION NO. 20-001) WHEREAS, the City Council of the City of Poway desires to summarily vacate a portion of a public street in accordance with the procedures provided in Chapter 4, Part 3, Division 9 of the Streets and Highways Codes of the State of California, commencing at Section 8300; WHEREAS, said portion of Kirkham Way was created and dedicated to the public through the recordation of City of Poway TPM 06-04, Parcel Map No. 21053 on June 25, 2013; WHEREAS, development of adjacent property and the extension of Kirkham Way has removed the necessity of portions of the right-of-way previously used for a cul-de-sac; and follows: WHEREAS, the area to be vacated is not necessarily needed for public street purposes. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as SECTION 1: This summary vacation is made under the provisions of Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California. SECTION 2: The City Council hereby finds that a portion of Kirkham Way is unnecessary for public use. (Section 8333(c)). SECTION 3: The City Council hereby declares that the portion of Kirkham Way as described in Exhibit A attached hereto as Exhibit B, is hereby vacated. SECTION 4: The City Clerk of the City of Poway is hereby directed to cause this Resolution to be recorded in the Office of the San Diego County Recorder in accordance with the provisions of Section 8336 of the Street and Highways Code of the State of California. 3 of 27 ATTACHMENT A
January 19, 2021, Item #8PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California, on the 19th day of January, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 4 of 27
January 19, 2021, Item #8EXHIBIT "A" VAC20-001 (PUBLIC STREET EASEMENT VACATION) THAT PORTION OF "KIRKHAM WAY" AS DEDICATED TO THE PUBLIC PER CITY OF POWAY TPM 06-04, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 21053 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 25, 2013, LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID "KIRKHAM WAY" SHOWN AND DESCRIBED ON SAID PARCEL MAP AS "N62°37'35"E 527.15"'; THENCE ALONG SAID NORTHWESTERLY SIDELINE NORTH 62°37'26" EAST, 527.15 FEET TO THE BEGINNING OF A 1167.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°39'46" A DISTANCE OF 359.91 FEET TO THE TRUE POINT OF BEGINNING, A RADIAL LINE TO SAID POINT BEARS SOUTH 45°02'21" EAST; THENCE LEAVING SAID NORTHWESTERLY SIDELINE ALONG AN EXTENSION OF SAID 1167.50 FOOT RADIUS CURVE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 06°20'28" A DISTANCE OF 129.21 FEET TO THE POINT OF INTERSECTION WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID "KIRKHAM WAY" AND THE POINT OF TERMINUS, A RADIAL LINE TO SAID POINT BEARS SOUTH 51 °22'49" EAST. CONTAINING 3,686 SQUARE FEET MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. DATE 1 of 1 5 of 27
January 19, 2021, Item #81 \ \ \ \I P.O.C. T.P. 0.8. P.O.T. () 0 0 0 ® LEGEND :Sa C)~ QC) (/) ct: Lu INDICATES PUBLIC STREET VACATION, AREA=3,686 SQ. FT., MORE OR LESS VICINITY MAP NOT TO SCALE GENERAL ATOMICS WAY AY p AR'(-tJ SIT£ INDICATES PROPERTY BOUNDARY -PARCEL 2 OF PM 21053 IND/CA TES POINT OF COMMENCEMENT IND/CA TES PO/NT OF BEGINNING INDICATES POINT OF TERMINUS IND/CA TES RECORD DATA PER PM 21053 INDICATES "KIRKHAM WAY" AS DEDICATED TO THE PUBLIC PER PM 21053. IND/CA TES AN EASEMENT FOR PUBLIC PEDESTRIAN WALKWAY ACCESS OED/CA TED TO THE CITY OF POWAY PER PM 21053. IND/CA TES AN EASEMENT FOR GENERAL UTILITY PURPOSES OED/CA TED TO THE CITY OF POWAY PER PM 21053. IND/CA TES PORTION OF "KIRKHAM WAY" OED/CA TED PER DOC. RECORDED AUGUST 14, 2019, AS DOC. NO. 2019-0343707. PARKWAY SUMMIT PUBLIC STREET EASEMENT VACATION SHEET 1 OF 3 SHEETS BB&« I~ 6 of 27 PLANNING ENGINEERING SURVEYING
January 19, 2021, Item #8PM 7.1053 PARCEL 2 T.P.0.8. ( L1= 17°39'46") f1=17°39146" R=1167.50' L=359.91 (R=1167.50' L=359.91 .o.c. ''t-s 'JS , -1 ,s 1.,1· J-\RCEL// KEY MAP SCALE: 1" = 300' GRAPHIC SCALE ~....,.....,-~---7 of 2i3°0 0 300 I I I __ _J PARCEL 4 I I I I a a ~ II SHEET 2 OF 3 SHEETS SB&C I~ PLANNING ENGINEERING SURVEYING
January 19, 2021, Item #8/ GRAPHIC SCALE ~--~ -30 8 of 27 O 30 I I / / r.\ i} I PROPERTY BOUNDARY (TYP.) a ~ II p J\gc~~ I SHEET 3 OF 3 SHEETS BB&C I~ PLANNING ENGINEERING SUR\/E)1NG
January 19, 2021, Item #8RECORDING REQUESTED BY City of Poway WHEN RECORDED RETURN TO: City Clerk City of Poway P.O. Box 789 Poway, CA 92074 No Transfer Tax Due APN: 323-091-09 (This space for Recorder's Use) RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ORDERING THE SUMMARY VACATION OF A PORTION OF A PUBLIC PEDESTRIAN ACCESS EASEMENT ON PARCEL 2 OF THE CITY OF POWAY TPM 06-04, PARCEL MAP NO. 21053 (VACATION NO. 20-002) WHEREAS, the City Council of the City of Poway desires to summarily vacate a portion of a public pedestrian access easement along Kirkham Way, in accordance with the procedures provided in Chapter 4, Part 3, Division 9 of the Streets and Highways Codes of the State of California, commencing at Section 8330; WHEREAS, said portion of the pedestrian access easement was created and dedicated to the public through the recordation of City of Poway TPM 06-04, Parcel Map No. 21053 on June 25, 2013; WHEREAS, development of adjacent property and the extension of Kirkham Way has removed the existing cul-de-sac and relocated the pedestrian access; and WHEREAS, the area to be vacated is not necessarily needed for public pedestrian access purposes. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: This summary vacation is made under the provisions of Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California. SECTION 2: The City Council hereby finds that the portion of the herein below described pedestrian access easement all in the City of Poway Parcel Map 21053 is unnecessary for present public use. (Section 8333(c)). SECTION 3: The City Council hereby declares that the portion of the pedestrian access easement as described in Exhibit A attached hereto as Exhibit B, is hereby vacated. SECTION 4: The City Clerk of the City of Poway is hereby directed to cause this Resolution to be recorded in the Office of the San Diego County Recorder in accordance with the provisions of Section 8336 of the Street and Highways Code of the State of California. 9 of 27 ATTACHMENT B
January 19, 2021, Item #8PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California, on the 19th day of January, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 10 of 27
January 19, 2021, Item #8EXHIBIT "A" VAC20-002 (PEDESTRIAN ACCESS EASEMENT VACATION) THAT PORTION OF THAT CERTAIN 6.00 FOOT WIDE PEDESTRIAN ACCESS EASEMENT DEDICATION LYING WITHIN PARCEL 2 OF CITY OF POWAY TPM 06-04, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 21053 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 25, 2013, LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE ON THE SOUTHEASTERLY LINE OF SAID PARCEL 2 SHOWN AND DESCRIBED ON SAID PARCEL MAP AS "N62°37'35"E 527.15"'; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 62°37'26" EAST, 527.15 FEET TO THE BEGINNING OF A 1167.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°39'46" A DISTANCE OF 359.91 FEET TO THE TRUE POINT OF BEGINNING, ALSO BEING THE BEGINNING OF A COMPOUND 29.50 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 45°02'21" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 63°59'44" A DISTANCE OF 32.95 FEET TO THE BEGINNING OF A REVERSE 55.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 70°57'56" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 138°30'11" A DISTANCE OF 132.95 FEET TO THE BEGINNING OF A NON-TANGENT 1167.50 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 51°22'49" EAST; THENCE LEAVING SAID SOUTHEASTERLY LINE OF PARCEL 2 ALONG THE SOUTHEASTERLY LINE OF SAID PEDESTRIAN ACCESS EASEMENT NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°14'28" A DISTANCE OF 4.91 FEET TO THE POINT OF TERMINUS, A RADIAL LINE TO SAID POINT BEARS SOUTH 51°37'17" EAST. CONTAINING 1,018 SQUARE FEET MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. 11 of 27 1 of 1
January 19, 2021, Item #8IS S S S 1 P.O.C. T.P.0.8. P.O.T. ( ) 0 0 0 ® Sa C)~ QC) VICINITY MAP cJ ct: NOT TO SCALE OAD L£G£ND GENERAL ATOMICS WAY f>.-Y pAR'r<W IND/CA TES PEDESTRIAN ACCESS EASEMENT VACATION, AREA=1,018 SQ. FT., MORE OR LESS SITE INDICATES PROPERTY BOUNDARY -PARCEL 2 OF PM 21053 IND/CA TES POINT OF COMMENCEMENT IND/CA TES POINT OF BEGINNING INDICATES POINT OF TERMINUS IND/CA TES RECORD DATA PER PM 21053 INDICATES "KIRKHAM WAY" AS DEDICATED TO THE PUBLIC PER PM 21053. IND/CA TES AN EASEMENT FOR PUBLIC PEDESTRIAN WALKWAY ACCESS DEDICATED TO THE CITY OF POWAY PER PM 21053. INDICATES AN EASEMENT FOR GENERAL UTILITY PURPOSES OED/CA TED TO THE CITY OF POWAY PER PM 21053. IND/CA TES PORTION OF "KIRKHAM WA Y11 OED/CA TED PER DOC. RECORDED AUGUST 14, 2019, AS DOC. NO. 2019-0343707. PARKWAY SUMMIT PEDESTRIAN ACCESS EASEMENT VACATION SHEET 1 OF 3 SHEETS BB&■ I~ 12 of 27 PLANNING ENGINEERING SURVEYING
January 19, 2021, Item #8P1'1J 21055 PARCEL 2 T.P.0.8. ( /J= 17°39 '46 ") 1J=17°39'46" R=1167.50' L=359.91 (R=1167.50' L=359.91 ',s' .o.c. si · ''t-o ~7' :/:> .ARCEL// KEY MAP SCALE: 1" = 300' GRAPHIC SCALE ~ l1111C:=----13 of tf0 0 300 P.O.T. I I I __ _J PARCEL 4 I I I I C) C) IV) II SHEET 2 OF 3 SHEETS SB&D~ PLANNING ENGINEERING SURVEY1NG
January 19, 2021, Item #8/ GRAPHIC SCALE ~--c_~ -3014 of 27 O 30 ~ 6'., --- ---J / / 1•--!J=0°14'28" R=1167.50' L=4.91' I I I PROPERTY BOUNDARY I I (TYP.) a ~ II SHEET 3 OF 3 SHEETS SB&D~ PLANNING ENGINEERING SURVEYING
January 19, 2021, Item #8RECORDING REQUESTED BY City of Poway WHEN RECORDED RETURN TO: City Clerk City of Poway P.O. Box 789 Poway, CA 9207 4 No Transfer Tax Due APN: 323-091-09 (This space for Recorder's Use) RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ORDERING THE SUMMARY VACATION OF A PORTION OF A GENERAL UTILITY EASEMENT ON PARCEL 2 OF THE CITY OF POWAY TPM 06-04, PARCEL MAP NO. 21053 (VACATION NO. 20-003) WHEREAS, the City Council of the City of Poway desires to summarily vacate a portion of the general utility easement along Kirkham Way, in accordance with the procedures provided in Chapter 4, Part 3, Division 9 of the Streets and Highways Codes of the State of California, commencing at Section 8330; WHEREAS, said portion of the general utility was dedicated and accepted by the City of Poway through the recordation of City of Poway TPM 06-04, Parcel Map No. 21053 on June 25, 2013; WHEREAS, development of adjacent property and the extension of Kirkham Way has removed the existing cul-de-sac; and WHEREAS, a new general utility easement has been granted to replace the portion of the general utility easement that is proposed for vacation. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: This summary vacation is made under the provisions of Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California. SECTION 2: The City Council hereby finds that the portion of the herein below described general utility easement all in the City of Poway Parcel Map 21053 has been superseded by relocation. (Section 8333(c)). SECTION 3: The City Council hereby declares that the portion of the general utility easement as described in Exhibit A attached hereto as Exhibit B, is hereby vacated. SECTION 4: The City Clerk of the City of Poway is hereby directed to cause this Resolution to be recorded in the Office of the San Diego County Recorder in accordance with the provisions of Section 8336 of the Street and Highways Code of the State of California. 15 of 27 ATTACHMENT C
January 19, 2021, Item #8PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California, on the 19th day of January, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 16 of 27
January 19, 2021, Item #8EXHIBIT "A" VAC20-003 (GENERAL UTILITY EASEMENT VACATION) THAT PORTION OF THAT CERTAIN 15.00 FOOT WIDE GENERAL UTILITY EASEMENT DEDICATION LYING WITHIN PARCEL 2 OF CITY OF POWAY TPM 06-04, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 21053 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 25, 2013, LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE ON THE SOUTHEASTERLY LINE OF SAID PARCEL 2 SHOWN AND DESCRIBED ON SAID PARCEL MAP AS "N62°37'35"E 527.15"'; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 62°37'26" EAST, 527.15 FEET TO THE BEGINNING OF A 1167.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°39'46" A DISTANCE OF 359.91 FEET TO THE TRUE POINT OF BEGINNING, ALSO BEING THE BEGINNING OF A COMPOUND 29.50 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 45°02'21" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 63°59'44" A DISTANCE OF 32.95 FEET TO THE BEGINNING OF A REVERSE 55.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 70°57'56" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 138°30'11" A DISTANCE OF 132.95 FEET TO THE BEGINNING OF A NON-TANGENT 1167.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 51°22'49" EAST; THENCE LEAVING SAID SOUTHEASTERLY LINE OF PARCEL 2 ALONG THE SOUTHEASTERLY LINE OF SAID GENERAL UTILITY EASEMENT NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°34'23" A DISTANCE OF 11.68 FEET TO THE POINT OF TERMINUS, A RADIAL LINE TO SAID POINT BEARS SOUTH 51°57'12" EAST. CONTAINING 2,622 SQUARE FEET MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. DATE 1 of 1 17 of 27
January 19, 2021, Item #81 \ \ \ \I P.O.C. T.P.0.8. P.O.T. ( ) 0 0 0 ® VICINITY MAP NOT TO SCALE LEGEND GENERAL ATOMICS WAY p._Y pARKW IND/CA TES GENERAL UTILITY EASEMENT VACATION, AREA=2,622 SQ. FT., MORE OR LESS SIT£ INDICATES PROPERTY BOUNDARY -PARCEL 2 OF PM 21053 IND/CA TES POINT OF COMMENCEMENT IND/CA TES TRUE POINT OF BEGINNING IND/CA TES POINT OF TERMINUS INDICATES RECORD DATA PER PM 21053 IND/CA TES "KIRKHAM WAY" AS OED/CA TED TO THE PUBLIC PER PM 21053. IND/CA TES AN EASEMENT FOR PUBLIC PEDESTRIAN WALKWAY ACCESS OED/CA TED TO THE CITY OF POWAY PER PM 21053. IND/CA TES AN EASEMENT FOR GENERAL UTILITY PURPOSES OED/CA TED TO THE CITY OF POWAY PER PM 21053. IND/CA TES PORTION OF "KIRKHAM WAY" OED/CA TED PER DOC. RECORDED AUGUST 14, 2019, AS DOC. NO. 2019-0343707. PARKWAY SUMMIT GENERAL UTILITY EASEMENT VACATION SHEET 1 OF 3 SHEETS SB&« I~ PLANNING ENGINEERING SURVEYING
January 19, 2021, Item #8PM 21053 PARCEL 2 T.P.0.8. (L1=17°39'46") L1=17°39'46" R=1167.50' L=359.91 (R=1167.50' L=359.91 . 0. C. si"I .\ 5 ''t, ,3S ARCEL// KEY MAP SCALE: 1" = 300' GRAPHIC SCALE ~ 11111-=---• 19 of~o 0 300 I I I __ _J PARCEL -4 I I I a a I"") II SHEET 2 OF 3 SHEETS SB&I I~ PLANNING ENGINEERING SURVEYING
January 19, 2021, Item #8EXHIBIT 77877 ( /J=63°59 '44,, / / R=29.50' L=32.95') /J=63°5914411 R=29.50' L=32.95' / T.P.O.✓ / GRAPHIC SCALE ~-w L...=.~ -30 20 of 27 O 30 I I / I I PROPERTY BOUNDARY (TYP.) a ~ II ... ,.._ SHEET 3 OF 3 SHEETS SB&4 I~ PLANNING ENGINEERING SURVEYING
January 19, 2021, Item #8RECORDING REQUESTED BY City of Poway WHEN RECORDED RETURN TO: City Clerk City of Poway P.O. Box 789 Poway, CA 9207 4 No Transfer Tax Due APN: 323-091-09 {This space for Recorder's Use) RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ORDERING THE SUMMARY VACATION OF PORTIONS OF A WATER UTILITY EASEMENT ON PARCEL 2 OF THE CITY OF POWAY TPM 06-04, PARCEL MAP NO. 21053 (VACATION NO. 20-004) WHEREAS, the City Council of the City of Poway desires to summarily vacate portions of a water utility easement in accordance with the procedures provided in Chapter 4, Part 3, Division 9 of the Streets and Highways Codes of the State of California, commencing at Section 8330; WHEREAS, said portions of the water utility easement was dedicated to the City of Poway through the recordation of a Grant of Water Easement, Document No. 2019-0343649; and WHEREAS, a new water utility easement has been granted to replace the portions of the water utility easement that are proposed for vacation. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: This summary vacation is made under the provisions of Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California. SECTION 2: The City Council hereby finds that the portions of the herein below described water utility easement have been superseded by relocation. (Section 8333(c)). SECTION 3: The City Council hereby declares that the portions of the water utility easement as described in Exhibit A attached hereto as Exhibit B, are hereby vacated. SECTION 4: The City Clerk of the City of Poway is hereby directed to cause this Resolution to be recorded in the Office of the San Diego County Recorder in accordance with the provisions of Section 8336 of the Street and Highways Code of the State of California. 21 of 27 ATTACHMENT D
January 19, 2021, Item #8PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California, on the 19th day of January, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 22 of 27
January 19, 2021, Item #8EXHIBIT "A" VAC20-004 {WATER EASEMENT VACATION) PARCELS "T" AND "U" OF THAT CERTAIN GRANT OF WATER EASEMENT GRANTED TO THE CITY OF POWAY PER DOCUMENT RECORDED AUGUST 14, 2019 AS DOCUMENT NO. 2019-0343649 OF OFFICIAL RECORDS. EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. DATE 1 of 1 23 of 27
January 19, 2021, Item #8( ) [ J 0 LEGEND IND/CA TES PROPERTY LINE ~ ....J c::i a~ a._ a (/) 0::: kl VICINITY MAP NOT TO SCALE INDICATES PUBLIC WATER EASEMENT PARCEL TO BE VACATED IND/CA TES SHEET LIMITS (SEE SHEET 2) IND/CA TES RECORD DA TA PER DOC. NO. 2019-0343649, O.R. INDICATES RECORD DATA PER PM 21053 IND/CA TES EXISTING PUBLIC WATER EASEMENT GRANTED TO THE CITY OF POWAY PER DOCUMENT REC. 8/14/2019 AS DOC. NO. 2019-0343649, O.R. SHEET 1 OF 4 SHEETS PARKWAY SUMMIT WATER EASEMENT VACATION SB&D~ PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www.sboinc.com 24 of 27
January 19, 2021, Item #8pjyj 21053 pjyj 21053 PARCEL 4 KEY MAP SCALE: 1 n = 300' GRAPHIC SCALE 25 ot#0 0 300 P ,, rJ r: n 1 .r1.F\ "-..,/.a..,.:...., / LIN£ DATA BEARING LENGTH L1 {N40°39'10''W) (244.44) L2 (504 :20'5o"W) (16.63) L3 (504 20'50"W) (36.17) SHEET 2 OF 4 SHEETS SB&D~ PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www.sboinc.com
January 19, 2021, Item #8I I I I I I {N4920'50"E 17.84') GRAPHIC SCALE (POINT nAn) A C'f _(N49"20~50"E !_341.49'2 _ ~ ~ -----_Ll,J pjyj 21053 P ;\ D /. r' / ..r) .dfl..___,,..r.,.:....., ~ PARCEL •un TO BE VACA TED SHEET 3 OF 4 SHEETS ::c: (/) ~ (/) SB&D~ 60 0 60 26 of 27 SEE SHEET 2 PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www.sboinc.com
January 19, 2021, Item #8~ 1--laJ laJ ::c (/) laJ laJ (/) TO BE VACA TED 5' 5.00' a ,.__ 4-~ -=--::Tf a ,.__ {N40"39'10"W 52.00') DINT "T" (JJ5.5on --,50"W 340.50') 1 -T-p/yj 21053 P ;\ r_; r: r'/ .r) .rlfl "-../.r.,"'-' .L, a ,.__ GRAPHIC SCALE 60 0 60 27 of 27 (POINT "J") SHEET 4 OF 4 SHEETS SB&D~ PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www.sboinc.com
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
January 19, 2020
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services ft/I
Jeff Beers, Special Projects Engineer
(858)668-4624 or jbeers@poway.org
CITY COUNCIL
Award of Contract to Sunbelt Controls for the City Hall HVAC Controls project;
RFP No. 21-013
This action will award a construction contract for the City Hall HVAC Controls project. The existing
HVAC (Heating Ventilation and Air Conditioning) control system for City Hall and the Council Chambers
is outdated and in need of replacement.
Recommended Action:
It is recommended that the City Council award the contract for the City Hall HVAC Controls project to
Sunbelt Controls, the lowest responsible and responsive bidder, in the amount of $137,000.00.
Discussion:
The project was advertised as a Request for Proposal (RFP) and not a public works contract as allowed
by the Public Contract Code due to the variable options offered by the industry that affect the quality
and cost of the product. With the RFP process, staff has the opportunity to select the HVAC Controls
consultant that offers the most value and options for the best price.
The City advertises all RFPs on Ebidboard. Ebidboard is a comprehensive database for public works
projects that is used by many local agencies. Advertisements in a newspaper are not required for
RFPs. The City received four proposals which were opened on November 4, 2020 and reviewed by
Engineering and Public Works staff on November 20, 2020. Proposals were received from Sunbelt
Controls, Diversified Thermal Services, Automated Controls, Inc. and EMCOR Services.
This HVAC system controls the indoor temperature by modifying the variables inside the rooftop air
handlers, chiller, boiler and variable air volume air valves and terminal reheat coils. This project
involves the replacement of the actuators that move the modulating valves in the heated water and
chilled water piping as well as the volume dampers in the air ductwork variable air volume boxes. The
computer and the software that runs the system will be replaced as well as all of the wiring from the
computer to the actuators and interim control devices that are spread throughout the buildings.
1 of 18 January 19, 2021, Item #9
January 19, 2021, Item #9
January 19, 2021, Item #9
January 19, 2021, Item #9
January 19, 2021, Item #9
January 19, 2021, Item #9
January 19, 2021, Item #9
January 19, 2021, Item #9
January 19, 2021, Item #9
January 19, 2021, Item #9
January 19, 2021, Item #9
January 19, 2021, Item #9
January 19, 2021, Item #9
January 19, 2021, Item #9
January 19, 2021, Item #9
January 19, 2021, Item #9
January 19, 2021, Item #9
January 19, 2021, Item #9
SECTION 8
CONSTRUCTION CONTRACT
CITY OF POWAY
POWER TO BLUE CRYSTAL RESERVOIR
This Contract made and entered into this 20th day of January 2021, by and between City of
Poway, a municipal corporation of the State of California, hereinafter referred to as "City"
and Southern Contracting Company, hereinafter referred to as "Contractor."
The City and the Contractor, for the consideration hereinafter named, mutually agree as
follows:
1. The complete Contract includes all of the Contract Documents, which are
2.
3.
4.
3 of 11
incorporated herein by this reference, and include:
a. This Contract
b. Contract Addenda
c. Contract Change Orders
d. Instructions to Bidders, Proposal Requirements and Conditions
e. Contract Specifications
f. Contract Plans
g. General Condition
h. Special Conditions
i. Standard Specification for Public Works, most current edition,
The Contract Documents are complementary, and that which is required by one
shall be as binding as if required by all.
Contractor shall provide and furnish all labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required for the
following work of improvement: This project includes the installation of underground
conduit, transformer pad, and meter pedestal to provide electrical power to the Blue
Crystal Reservoir located off of Murel Trail. The work will include conduit installation,
meter pedestal installation, concrete pad construction, trenching, backfilling,
resurfacing, and all related and necessary work as defined in the contract
documents. The project is located within an easement and will require coordination
with SDG&E.
Contractor agrees to perform all the said work and furnish all the said materials at
his own cost and expense that are necessary to construct and complete in strict
conformance with Contract Documents and to the satisfaction of the City Engineer,
ATTACHME~T A January 19, 2021, Item #10
the work hereinafter set forth in accordance with the Contract adopted by the City
Council.
5. City agrees to pay and Contractor agrees to accept in full payment for performance
of this work of improvement as described, the stipulated sum of $35,275.00 the
"Contract Price."
6.
7.
8.
9.
10.
11.
4 of 11
City agrees to make progress payments and final payment in accordance with the
method set forth in the Special Provisions.
Contractor agrees to commence construction of the work provided for herein within
Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to
continue diligently in strict conformance with Contract Documents and without
interruption, and to complete the construction thereof within 20 Working Days after
the date specified in the Notice to Proceed.
Time is of the essence of this Contract, and it is agreed that it would be
impracticable or extremely difficult to ascertain the extent of actual loss or damage
which the City will sustain by reason of any delay in the performance of this
Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to
the City the following sum: $500 per Calendar Day, for each and every Calendar
Days delay in finishing the Work in excess of the number of Working Days
prescribed above. If liquidated damages are not paid, as assessed by the City, the
City may deduct the amount thereof from any money due or that may become due
the Contractor under this Contract in addition to any other remedy available to City.
By executing this Contract, Contractor agrees that the amount of liquidated
damages is reasonable and shall not constitute a penalty.
In accordance with State of California Senate Bill No. 854, Contractor will maintain
and will require all subcontractors to maintain valid and current Department of
Industrial Relations (DIR) Public Works Contractor registration during the term of this
project. Contractor shall notify the City in writing immediately, and in no case more
than twenty-four (24) hours, after receiving any information that Contractor's or any
of its Subcontractor's DIR registration status has been suspended, revoked, expired,
or otherwise changed.
Contractor will pay, and will require all subcontractors to pay, all employees on said
Contract a salary or wage at least equal to the prevailing salary or wage established
for such work as set forth in the wage determinations and wage standards
applicable to this work, a copy of which is on file in the office of the City Clerk of the
City of Poway. Federal prevailing wage rates apply for federally funded projects.
Travel and subsistence pay shall be paid in accordance with Labor Code § 1773.1.
Contractor shall be subject to the penalties in accordance with Labor Code of
§ 1775 for each worker paid (either by him or by any subcontractors under him) less
than the prevailing rate described above on the work provided for in this Contract.
Contractor and subcontractors shall comply with Labor Code§ 181 0 and § 1811
which stipulates that eight hours labor constitutes a legal day's work, and § 1812
2 January 19, 2021, Item #10
which stipulates that the Contractor and subcontractors shall keep an accurate
record showing the name of and actual hours worked each calendar day and each
calendar week by each worker employed by him in connection with the work
performed under the terms of the Contract. Failure to comply with these sections of
the Labor Code will subject the Contractor to penalty and forfeiture provisions of the
Labor Code§ 1813.
12. Contractor will comply with the provisions of Labor Code§ 1777 .5 pertaining to the
employment of apprentices to the extent applicable to this Contract.
13. Contractor, by executing this Contract, hereby certifies:
"I am aware of and will comply with the Labor Code § 3700 by
securing payment for and maintaining in full force and effect for
the duration of the contract, complete Workers' Compensation
Insurance, and shall furnish a Certificate of Insurance to the City
before execution of the Contract. The City, its officers, or
employees, will not be responsible for any claims in law or equity
occasioned by failure of the Contractor to comply with this
paragraph."
Contractor further agrees to require all subcontractors to carry Workers' Compensation
Insurance as required by the Labor Code of the State of California.
14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds
approved by the City, one in the amount of One Hundred Percent (100%) of the
Contract Price, to guarantee the faithful performance of the work ("Performance
Bond"), and one in the amount of One Hundred Percent (100%) of the Contract
Price to guarantee payment of all claims for labor and materials furnished ("Payment
Bond"). This Contract shall not become effective until such bonds are supplied to
and approved by the City.
15. a. Contractor shall procure and maintain at its own expense, until completion of
5 of 11
performance, commercial general liability insurance of not less than One Million
Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars
($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or
damage resulting from the wrongful or negligent acts by the Contractor or its
officers, employees, servants, volunteers and agents and independent contractors.
Contractor shall provide insurance on an occurrence, not claims-made basis.
Contractor acknowledges and agrees that, for purposes of clarification with the
intention of avoiding gaps in coverage with any umbrella or excess insurance,
personal and advertising injury coverage shall be triggered by an "offense" while
bodily injury and property damage coverage shall be triggered by an "occurrence"
during the policy period.
b. Contractor shall further procure and maintain at its own expense, until
completion of performance, commercial vehicle liability insurance covering personal
injury and property damage, of not less than One Million Dollars ($1,000,000)
combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the
3 January 19, 2021, Item #10
6 of 11
aggregate, covering any vehicle utilized by Contractor or its officers, employees,
servants, volunteers and agents and independent contractors in performing the
services required by this Agreement.
c. Contractor shall further procure and maintain at its expense, until completion
of performance, workers' compensation insurance providing coverage as required
by the California State Workers' Compensation Law. If any class of employees
employed by the Contractor pursuant to this Agreement is not protected by the
California State Workers' Compensation Law, Contractor shall provide adequate
insurance for the protection of such employees to the satisfaction of the City. This
provision shall not apply if Contractor has no employees performing work under this
Agreement. Contractor agrees to waive its statutory immunity under any worker's
compensation or similar statute, as respecting the City, and to require any and all
subcontractors and any other person or entity involved with the Project to do the
same.
Worker's Compensation Insurance:
o Contractor has no employees and is exempt from workers'
compensation requirements.
o Contractor carries workers' compensation insurance for all employees.
d. All policies required by this section shall be secured from insurers authorized
to do business in the State of California with an "A" policyholder's rating or better
and a financial rating of at least Class VII, in accordance with the current Best's
Ratings.
e. Contractor agrees to require that all parties, including but not limited to
subcontractors, architects, engineers or others with whom Contractor enters into
contracts or whom Contractor hires or retains pursuant to or in any way related to
the performance of this Agreement, provide the insurance coverage required herein,
at minimum, and, except for worker's compensation coverage, name as additional
insureds the parties to this Agreement. Contractor agrees to monitor and review all
such coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this Section.
f. In the event this Agreement is terminated for any reason prior to the
completion of all obligations and requirements of this Agreement, Contractor agrees
to maintain all coverages required herein until the City provides written authorization
to terminate the coverages following the City's review and determination that all
liability posed under this Agreement as to the party providing insurance has been
eliminated.
g. Contractor agrees and acknowledges that if it fails to obtain all of the
insurance required in this Agreement in accordance with the requirements herein, or
to obtain and ensure that the coverage required herein is maintained by any
subcontractors or others involved in any way with the Project, Contractor shall be
responsible for any losses, claims, suits, damages, defense obligations, or liability of
any kind or nature attributable to the City, and/or its officers, employees, servants,
4 January 19, 2021, Item #10
volunteers, agents and independent contractors, that result from such failure by
Contractor.
16. a. Contractor shall provide certificates of insurance with original endorsements
to the City as evidence of the insurance coverage required herein. Certificates of
such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on
file with the City at all times until completion of performance and acceptance by the
City.
b. Notwithstanding any inconsistent statement in any required insurance policies
or any subsequent endorsements attached thereto, the commercial general liability
and commercial vehicle liability policies shall bear endorsements whereby it is
provided that the City, and its officers, employees, servants, volunteers, agents and
independent contractors are named as additional insureds. Additional insureds shall
be entitled to the full benefit of all insurance policies in the same manner and to the
same extent as any other insureds and there shall be no limitation to the benefits
conferred upon them other than policy limits to coverages.
c. Contractor shall require the carriers of all required insurance policies to waive
all rights of subrogation against the City, and its officers, employees, servants,
volunteers, agents and independent contractors.
d. Each policy required herein must be endorsed to provide that the policy shall
not be cancelled in coverage or limits (except by paid claims) unless the insurer has
provided the City with 30 days prior written notice of cancellation. Contractor agrees
to provide the City with 30 days written notice prior to any non-renewal or reduction
in coverage or limits.
e. All insurance policies required to be provided by Contractor or any other party
must be endorsed to provide that the policies shall apply on a primary and
noncontributing basis in relation to any insurance or self-insurance, primary or
excess, maintained or available to the City, and its officers, employees, servants,
volunteers, agents and independent contractors.
17. a. Contractor shall defend, indemnify and hold harmless the City, its officers,
7 of 11
officials, agents, employees and volunteers from and against any and all claims,
demands, actions, losses, damage, injuries, and liability, direct or indirect (including
any and all costs and expenses in connection therewith) to the extent actually
caused by the negligence of Contractor, Contractor's employees, subcontractors or
independent contractors except for any such claim arising out of the negligence or
willful misconduct of the City, or its officers, agents, employees or volunteers.
b. The City does not, and shall not, waive any rights that it may have against
Contractor under this Section because of the acceptance by the City, or the deposit
with the City, of any insurance policy or certificate required pursuant to this
Agreement. The hold harmless, indemnification and duty to defend provisions of this
Section shall apply regardless of whether or not said insurance policies are
5 January 19, 2021, Item #10
determined to be applicable to the claim, demand, action, damage, liability, loss,
cost or expense described herein.
18. Any amendments to any of the Contract Documents, including but not limited to
Contract Change Orders, must be in writing executed by the Contractor and the
City. Any time an approval, time extension, or consent of the City is required under
the Contract Documents, such approval, extension, or consent must be in writing in
order to be effective.
19. The Contract Documents contain all of the agreements and understandings of the
parties and all previous understandings, negotiations, and contracts are integrated
into and superseded by this Contract.
20. In the event that any one or more of the phrases, sentences, clauses, paragraphs,
or sections contained in this Contract shall be declared invalid or unenforceable by a
valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses,
paragraphs, or sections of this Contract which are hereby declared as severable and
shall be interpreted to carry out the intent of the parties hereunder.
21. The persons executing this Contract on behalf of the parties hereto warrant that they
are duly authorized to execute this Contract on behalf of said parties and that, by so
executing this Contract, the parties hereto are formally bound to the provisions of
this Contract.
22. This Contract shall be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs, personal representatives, successors, and
assigns.
23 . In performing its obligations and duties under this Contract, each party shall comply
with all applicable local, state, and federal laws, regulations, rules, standards and
ordinances.
24. This Contract may be executed by the parties in counterparts, which counterparts
shall be construed together and have the same effect as if all of the parties had
executed the same instrument.
25. After completion of the work contemplated by this Contract, Contractor shall file with
the City Manager an affidavit stating that all workers and persons employed, all firms
supplying materials, and all subcontractors upon the project have been paid in full,
and that there are no claims outstanding against the project for either labor or
materials, except certain items, if any, to be set forth in an affidavit covering
disputed claims or items in connection with a Stop Notice that has been filed under
the provision of the laws of the State of California.
26. All work shall be subject to inspection and testing by City and its authorized
representatives during manufacture and construction and all other times and places,
including, without limitation, the plans of Contractor and any of its suppliers.
Contractor shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such
8 of 11 6 January 19, 2021, Item #10
manner as to not unduly delay the work. The Work shall be subject to final
inspection and acceptance notwithstanding any payments or other prior inspections.
Such final inspection shall be made within a reasonable time after completion of the
work.
27. Whenever Contractor has knowledge that any actual or potential labor dispute is
delaying or threatens to delay the timely performance of the Contract, Contractor
shall immediately give notice thereof, including all relevant information with respect
thereto, to City.
28. Contractor agrees to contact the appropriate regional notification center in
accordance with Government Code Section 4216.2.
29. Contractor shall submit its detailed plan for worker protection during the excavation
of trenches required by the scope of the work in accordance with Labor Code
Section 6705.
30. a. Contractor shall, without disturbing the condition, notify City, in writing, as
9 of 11
soon as Contractor, or any of Contractor's subcontractors, agents, or employees
have knowledge and reporting is possible, of the discovery of any of the following
conditions:
i. The presence of any material that Contractor believes is
hazardous waste, as defined in Section 25117 of the Health and
Safety Code:
ii. Subsurface or latent physical conditions at the site differing from
those indicated in the specifications: or
iii. Unknown physical conditions at the site of any unusual nature,
different materially for those ordinarily encountered and
generally recognized as inherent in work of the character
provided for in this Contract.
b. Pending a determination by City of appropriate action to be taken, Contractor
shall provide security measures (e.g., fences) adequate to prevent the hazardous
waste or physical conditions from causing bodily injury to any person.
c. City shall promptly investigate the reported conditions. If City, through and in
the exercise of its sole discretion, determines that the conditions do materially differ
or do involve hazardous waste, and will cause a decrease or increase in
Contractor's cost of, or time required for, performance of any part of the work, then
City shall issue a change order.
d. In the event of a dispute between City and Contractor as to whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in Contractor's cost of, or time required for, performance of any part of the
work, Contractor shall not be excused from any scheduled completion date, and
shall proceed with all work to be performed under the contract. Contractor shall
retain any and all rights that pertain to the resolution of disputes and protests
between the parties.
7 January 19, 2021, Item #10
31. This Contract is to be governed by the laws of the State of California.
32. All work shall be guaranteed for a period of one (1) year from the date of acceptance
by the City. Contractor shall promptly make all needed repairs arising out of
defective materials, workmanship, and equipment.
City is hereby authorized to make such repairs if within ten (10) days after giving written
notice to Contractor, or its agent, Contractor should fail to make or undertake with due
diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in
the opinion of City, delay would cause serious loss or damage, repairs may be made
without notice being sent to Contractor, and Contractor shall pay the costs thereof.
(Remainder of page intentionally left blank)
10 of 11 8 January 19, 2021, Item #10
IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City
Attorney have caused the names of said parties to be affixed hereto, the day and year first
above written.
Contractor's Name:
Print Name of Construction Company
By:
Signature
Print Name
Contractor information:
Address for Notices and Payments
Telephone Number: ______ _
Email:
ATTEST:
Vaida Pavolas, CMC, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
11 of 11
CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
9 January 19, 2021, Item #10
January 19, 2021, Item #11-~ . }-· AGENDA REPORT CityofPoway ', -·--· ... ,.f· -' --_--c..;--,_. CITY COUNCIL ( DATE: TO: FROM: CONTACT: SUBJECT: Summary: January 19, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services fd\ Henry Trang, Senior Civil Engineer (858) 668-4602 or htrang@poway.org Partial Acceptance of the LED Street & Safety Lighting Conversion Project; RFP No. 19-025 with Tanko Lighting, Inc., as Complete On July 16, 2019, the City Council awarded the contract for the LED Street & Safety Lighting Conversion Project; RFP No. 19-025 to Tanko Lighting, Inc. in the amount of $1,003~398.00. This action will partially accept the contract of the project as complete. Recommended Action: It is recommended that the City Council partially accept the contract of the LED Street & Safety Lighting Conversion Project as complete and authorize the release of retention in the amount of $40,225.93, if unencumbered, 45 days after City Council acceptance. Discussion: The LED Street & Safety Lighting Conversion Project replaced approximately 3,300 street and safety lighting fixtures from Low Pressure Sodium (LPS) fixtures to Light Emitting Diodes (LED) fixtures. The original scope of work was completed without any change orders. The conversion of decorative street lighting in the Old Poway neighborhood and decorative walkway lighting in the Civic Center area was planned as a future project pending funding availability. The cost of the LED Street & Safety Lighting Conversion Project was less than originally anticipated and allowed for the possibility to add in the decorative lighting in both areas within the project budget. On July 16, 2020, Contract Change Order No. 1 was approved to add the decorative lighting in the Civic Center area and four sample lights in the Old Poway area to the scope of work for the project. The sample lighting is intended to help staff select a final product for the Old Poway area. Another change order will be processed to convert these lights after a selection is made. This action increased the contract cost by $40,099.12 and extended the contract time by 191 days. On September 25, 2020, Contract Change Order No. 2 was approved to authorize the consultant to perform photometric calculations for the street extension and new lights along Kirkham Way. This action increased the contract cost by $1,344.00 and did not extend the contract time. Tasks from the original scope of work were completed in June 2020 to the satisfaction of City staff. By 1 of 2
January 19, 2021, Item #11partially accepting the project as complete, the retention on that portion of the contract ($1,003,398.00) may be released. The remaining retention on the original scope of work is $40,225.93. This action partially accepts the contract for the LED Street & Safety Lighting Conversion Project as complete, however the contract will remain in force and open until April 9, 2021 to complete the Contract Change Order tasks. Environmental Review: The matter of acceptance of public improvements that have been completed, which were the subject of a prior environmental determination, is not subject to the California Environmental Quality Act. Fiscal Impact: Sufficient funds are available in the LED Street & Safety Lighting Conversion Project account (STR0013). After the retention payment of $40,225.93, there will be an available balance of $598,285.92. Once the remaining portions of the project have been completed, surplus funds will be returned to the Street Lighting Assessment District, Fund 2790, for use on future projects. Public Notification: None. Attachments: None. Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of 2 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
January 19, 2021, Item #12>'(· ; ~ . ...:.
..'\ .... i...."""I\..\ --==-----DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway January 19, 2021 Honorable Mayor and Members of the City Council Aaron Beanan, Director of Finance #!:J Aaron Beanan, Director of Finance 858-668-4411 or abeanan@poway.org CITY COUNCIL Adoption of a Resolution to Amend the Charter for the Budget Review Committee The City of Poway established the Budget Review Committee (BRC) to recognize the importance of resident involvement and input in the development of the City budget and to improve the transparency and readability of the budget document. Staff is recommending an update to the BRC Charter to align the Charter with the City's Operating Budget and Capital Improvement Program and to refine the duties and structure of the committee. Recommended Action: It is recommended that the City Council adopt the attached resolution amending the Charter of the Budget Review Committee. Discussion: The City Council recognizes that the City has many residents who are experienced and knowledgeable business persons who can provide additional insight into the City's budget. The BRC plays an important role in providing communication with the community about the budget process and limitations within which the City operates. BRC members learn about all facets of the City budget, and with this knowledge they can educate other members of the community about the City's revenues and expenditures as well as budget priorities and limitations. BRC members participate in a series of meetings each spring to review the proposed Operating Budget and Capital Improvement Program to develop an understanding of revenue sources, expenditures, budget limitations, and provide input on budget proposals prior to presentation of the City Manager's recommended budget to the City Council. The BRC works under a compressed meeting schedule. They cannot begin meeting until the preliminary budget is developed for discussion and must complete work in time for the budget to go to the City Council for approval in June. 1 of 11
January 19, 2021, Item #12In recognition of the tight timeframe within which the BRC meets and must complete its work, staff is recommending two amendments to the BRC Charter. The BRC will continue to be responsible for reviewing the operating and capital budgets, making recommendations to improve the readability of the budget document, and making recommendations regarding strategies for revenues and expenditures. The two substantive changes involve the removal of a BRC duty no longer applicable to the current budget format and an adjustment to the membership term. Staff recommends removing the review of the budget activity goals and workload statistics as these are not included in the current budget format. Staff also recommends staggering the membership term to help with succession planning and knowledge transfer. This will help new members get up to speed more efficiently as the existing members can help train new appointees. If Council concurs with these recommendations, committee members will serve staggered two-year terms. In the inaugural year of this change, the chairperson and vice chairperson from the preceding year will continue in their roles for an additional one-year term, which will expire at the end of December 2021, and three members will be appointed for a two-year term, which will expire at the end of December 2022. After this change takes effect, committee members will continue to be appointed for two-year terms. If Council concurs with staffs proposal, there will be three vacancies on the Budget Review Committee. If Council approves the recommended changes to the Charter, the City Clerk will accept applications, (available on the City's website and in the City Clerk's office) from January 20, 2021 through February 18, 2021, from Poway residents wishing to serve on the Budget Review Committee. The City Council could then review the applications and make appointments to the Committee at the March 2, 2021 City Council meeting. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: None. Public Notification: A copy of the amended BRC Charter will be posted on the City's website contingent upon City Council approval. Attachments: A. Resolution to Amend the Charter for the Budget Review Committee B. Redline showing amendments to the Charter Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of 11 Reviewed By: Alan Fenstermacher City Attorney Approved By: ~ City Manager
January 19, 2021, Item #12RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING AND ADOPTING THE CHARTER FOR THE BUDGET REVIEW COMMITTEE WHEREAS, on February 17, 1981, the City Council appointed five citizens to serve as a Budget Review Committee; WHEREAS, on August 5, 1986, this Committee was formally established, and a charter was adopted; WHEREAS, by Resolution No. 19-004, this charter was most recently amended; and WHEREAS, it is again desirable to revise the charter for this Committee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: Resolution No. 19-004 is rescinded. SECTION 2: The Budget Review Charter, attached hereto as "Exhibit A" is adopted. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 19th day of January, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 3 of 11 ATTACHMENT A
January 19, 2021, Item #12SECTION I SECTION II SECTION Ill 4 of 11 EXHIBIT A CITY OF POWAY BUDGET REVIEW COMMITTEE PURPOSE The purpose of the Budget Review committee shall be to review the annual Operating Budget and Capital Improvement Program as proposed by the City Manager and report its findings to the City Council. DUTIES The Budget Review committee shall have the following duties as determined by the Poway City Council: 1. 2. 3. 4. 5. With the assistance of staff, review the budget as prepared by the City Manager. As appropriate, suggest means of improving the format of the budget in order that it be easily read and comprehended. Review terminology used within the budget such that it may be easily understood by all interested readers. Suggest areas that the City Council may wish to establish specific strategies pertaining to either revenues or expenditures. Prepare a final written report to be presented to the City Council at the public hearing regarding the budget. MEMBERSHIP The Budget Review committee shall consist of five (5) members appointed by the Mayor with the concurrence of the City Council. Each Councilmember shall offer one nomination for appointment to the committee for Council consideration. 1. Committee members shall be residents of the City of Poway. 2. Committee members shall serve staggered two (2) year terms. In the inaugural year of this change, the chairperson and vice-chairperson from the preceding year shall continue their roles for an additional one (1) year term and three members shall be appointed for a two (2) year term. 3. Committee members may be appointed for additional two (2) year terms at the discretion of the City Council.
January 19, 2021, Item #12SECTION IV SECTION V. SECTION VI. SECTION VII 4. The City Manager or designee shall be an ex officio member of the committee. VOTING Each committee member shall be entitled to one vote. Approval of any matter requires an affirmative vote from the majority of the membership of the committee or three (3) votes. TERMINATION OF MEMBERSHIP If a member misses more than three (3) consecutive meetings of the committee, without prior authorization from the Mayor, such member shall be considered to have resigned from the Committee. In addition, any member of the Committee may be removed at any time and without cause by a majority vote of the City Council. 1. 2. MEETINGS OF MEMBERS Regular meetings of the committee shall be scheduled at a time and place agreed to by the committee which will facilitate the attendance and input of the public. Special meetings may be called at any time by the chairperson or three (3) or more members. OFFICERS The officers of the committee shall be the chairperson and vice chairperson. The City Manager or designee, as an ex officio member of the committee, shall serve as secretary to the committee. SECTION VIII DUTIES OF OFFICERS 5 of 11 1. 2. 3. The Chairperson shall preside at all committee meetings. The Vice Chairperson shall assume all the duties and responsibilities of the Chairperson in the Chairperson's absence. The Secretary shall prepare agendas and shall give notice of regular and special meetings of the committee.
January 19, 2021, Item #12SECTION IX SECTION X 6 of 11 1. 2. 3. 4. 5. CONDUCT Conflict of Interest. Upon becoming a Committee member, and annually thereafter, each Committee member shall file a Statement of Economic Interest (FPPC Form 700) with the City Clerk of the City of Poway in accordance with California Government Code and the City's Conflict of Interest Code. Additionally, Committee members are required to refrain from participation in matters where they have a potential conflict of interest. The Political Reform Act controls financial conflicts of interest of public officials and advisory boards. Ethics Training. Committee members are required to obtain ethics training as outlined in California Assembly Bill 1234, Government Code Section 53234, et seq. City's Code of Ethics. The City's Code of Ethics shall be upheld by all Committee members. Sexual Harassment Prevention Training and Education. Committee members are required to obtain sexual harassment prevention training and education as outlined in California Assembly Bill 1661, Government Code Section 53237, et seq. Additional Requirements. Committee members may be required to obtain additional training as assigned by the City or required by State Government Code. BROWN ACT COMPLIANCE All meetings of City committees and groups are to be open and public, and all persons are to be permitted to attend any meeting. Committee members shall comply with the Ralph M. Brown Act (California Government Code section 54590 et seq.). A written agenda must be prepared for each regular or special meeting of every legislative body. The agenda must contain a brief general description of each item of business to be transacted or discussed at the meeting and must specify the time and location of the meeting. No action shall be taken on any item not appearing on the posted agenda. (Sections 54954.2 and 54956) The agenda must be posted at least 72 hours before a regular meeting and 24 hours before a special meeting, in a location that is freely accessible to members of the public and on the City's website. (Sections 54954.2 and 54956)
January 19, 2021, Item #12SECTION XI. COMPENSATION Members of the committee shall serve without compensation. Rev. January 19, 2021 7 of 11
January 19, 2021, Item #12SECTION I SECTION II CITY OF POWAY BUDGET REVIEW COMMITTEE PURPOSE The purpose of the Budget Review committee shall be to review the annual Operating Budget and Capital Improvement Program Budget as proposed by the City Manager and report its findings to the City Council. DUTIES The Budget Review committee shall have the following duties as determined by the Poway City Council: 1. With the assistance of staff, review the budget as prepared by the City Manager. 2. As appropriate, suggest means of improving the format of the budget in order that it be easily read and comprehended. 3. Review terminology used within the budget such that it may be easily understood by all interested readers. 4. Suggest areas that the City Council may wish to establish specific strategies pertaining to either revenues or expenditures. 5. Review the budget activity goals and objecti1,es as well as the activity workload statistics. §.e. Prepare a final written report to be presented to the City Council at the public hearing regarding the budget. SECTION Ill MEMBERSHIP 8 of 11 The Budget Review committee shall consist of five (5) members appointed by the Mayor with the concurrence of the City Council. Each Councilmember shall offer one nomination for appointment to the committee for Council consideration. 1. 2. Committee members shall be residents of the City of Poway. Committee members shall serve staggered two (2) year terms. +he term of membership shall be for t1110 years. In the inaugural year of this change, the chairperson and vice-chairperson from the preceding year shall continue their roles for an additional one (1) year term and three members shall be appointed for a two (2) year term. ATTACHMENT B
January 19, 2021, Item #123. Committee members may be appointed for additional two (2) year terms at the discretion of the City Council. 1~-The City Manager or designee shall be an ex officio member of the committee. SECTION IV VOTING SECTION V. SECTION VI. SECTION VII Each committee member shall be entitled to one vote. Approval of any matter requires an affirmative vote from the majority of the membership of the committee or three (3) votes. TERMINATION OF MEMBERSHIP If a member misses more than three (3) consecutive meetings of the committee, without prior authorization from the Mayor, such member shall be considered to have resigned from the Committee. In addition, any member of the Committee may be removed at any time and without cause by a majority vote of the City Council. 1. 2. MEETINGS OF MEMBERS Regular meetings of the committee shall be scheduled at a time and place agreed to by the committee which will facilitate the attendance and input of the public. Special meetings may be called at any time by the chairperson or three (3) or more members. OFFICERS The officers of the committee shall be the chairperson and vice chairperson. The City Manager or designee, as an ex officio member of the committee, shall serve as secretary to the committee. SECTION VIII DUTIES OF OFFICERS 9 of 11 1. 2. 3. The Chairperson shall preside at all committee meetings. The Vice Chairperson shall assume all the duties and responsibilities of the Chairperson in the Chairperson's absence. The Secretary shall prepare agendas and shall give notice of regular and special meetings of the committee.
January 19, 2021, Item #12SECTION IX SECTION X 10 of 11 1. 2. 3. 4. 5. CONDUCT Conflict of Interest. Upon becoming a Committee member, and annually thereafter, each Committee member shall file a Statement of Economic Interest (FPPC Form 700) with the City Clerk of the City of Poway in accordance with California Government Code and the City's Conflict of Interest Code. Additionally, Committee members are required to refrain from participation in matters where they have a potential conflict of interest. The Political Reform Act controls financial conflicts of interest of public officials and advisory boards. Ethics Training. Committee members are required to obtain ethics training as outlined in California Assembly Bill 1234, Government Code Section 53234, et seq. City's Code of Ethics. The City's Code of Ethics shall be upheld by all Committee members. Sexual Harassment Prevention Training and Education. Committee members are required to obtain sexual harassment prevention training and education as outlined in California Assembly Bill 1661, Government Code Section 53237, et seq. Additional Requirements. Committee members may be required to obtain additional training as assigned by the City or required by State Government Code. BROWN ACT COMPLIANCE All meetings of City committees and groups are to be open and public, and all persons are to be permitted to attend any meeting. Committee members shall comply with the Ralph M. Brown Act (California Government Code section 54590 et seq.). A written agenda must be prepared for each regular or special meeting of every legislative body. The agenda must contain a brief general description of each item of business to be transacted or discussed at the meeting and must specify the time and location of the meeting. No action shall be taken on any item not appearing on the posted agenda. (Sections 54954.2 and 54956) The agenda must be posted at least 72 hours before a regular meeting and 24 hours before a special meeting, in a location that is freely accessible to members of the public and on the City's website. (Sections 54954.2 and 54956)
January 19, 2021, Item #12SECTION XI. COMPENSATION Members of the committee shall serve without compensation. Rev. January 1.§!a, 20.fl.49 11 of 11
for cause shall be effected by delivery of written notice of termination to Consultant. Such
termination shall be effective upon delivery of said notice.
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
4of24 2 January 19, 2021, Item #13
represents that it has no knowledge of any financial interests which would require it to disqualify
itself from any matter on which it might perform services for the City.
"Consultant" means an individual who, pursuant to a contract with a state or local
agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application,
certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided
it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to
which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines
for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making
a governmental decision as defined in the Political Reform Act and/or
implementing regulations promulgated by the Fair Political Practices Commission,
or performs the same or substantially all the same duties for the City that would
otherwise be performed by an individual holding a position specified in the City's
Conflict of Interest Code.
DISCLOSURE DETERMINATION:
1:8'.1 1. Consultant/Contractor will not be "making a government decision" or
"serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Consultant/Contractor will be "making a government decision" or "serving
in a staff capacity" as defined in Sections A and B above. As a result,
Consultant/Contractor shall be required to file a Statement of Economic Interest
with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted,
except as otherwise specifically provided herein, or to which City, in its sole discretion, consents
to in advance thereof in writing. Any assignment or subcontracting in violation of this provision
shall be void.
5 of24 3 January 19, 2021, Item #13
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets,
accounting records, and other evidence pertaining to costs incurred and shall make such
materials available at its office at all reasonable times during the contract period and for three (3)
years from the date of final payment under this Agreement, for inspection by City and copies
thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent
contractor and shall not be an employee of the City of Poway. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement; however, City shall not have the right to control the means by which Consultant
accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits,
qualifications, and approvals of whatever nature that are legally required to practice its profession.
Consultant represents and warrants to City that Consultant shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or approval which
is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's
negligent performance of professional services, City and its respective elected and appointed
boards, officials, officers, agents, employees and volunteers (individually and collectively,
"lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall
indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims,
actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and
expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which
lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or
arising out of any injury to or death of any person(s), damage to property, loss of use of property,
economic loss or otherwise occurring as a result of Consultant's negligent performance under this
Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers,
directors, sub-consultants or employees.
(b) For Claims alleged to arise from Consultant's negligent performance of
professional services, lndemnitees shall have no liability to Consultant or any other person for,
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
6 of24 4 January 19, 2021, Item #13
Claims alleged to arise from Consultant's professional services, Consultant's defense obligation
to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys'
fees to the extent caused by Consultant's negligence.
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims
arise from the sole negligence or willful misconduct of City or its elected and appointed boards,
officials, officers, agents, employees and volunteers.
(d) In any and all Claims against City by any employees of the Consultant, anyone
directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification
obligation under this Section 15 shall not be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or for the Consultant under worker's
compensation acts, disability benefit acts or other employee benefit acts.
(e) Consultant shall, upon receipt of written notice of any Claim, promptly take all
action necessary to make a claim under any applicable insurance policy or policies Consultant is
carrying and maintaining; however, if Consultant fails to take such action as is necessary to make
a claim under any such insurance policy, Consultant shall reimburse City for any and all costs,
charges, expenses, damages and liabilities incurred by City in making any claim on behalf of
Consultant under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be
construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which
would otherwise exist as to any party or person indemnified pursuant to this Section 15.
(g) The rights and obligations of the parties described in this Section 15 shall survive
the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not
covered by insurance maintained, or required by this Agreement to be maintained, by Consultant:
(a) Consultant hereby assumes the risk of any and all injury and damage to the personnel
(including death) and property of Consultant that occurs in the course of, or in connection with,
the performance of Consultant's obligations under this Agreement, including but not limited to
Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be
liable for injury or damage which may be sustained by the person, goods or property of Consultant
or its employees in connection with Consultant's performance its obligations under this
Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority,
expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant
shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any
obligation whatsoever.
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.
7 of24 5 January 19, 2021, Item #13
City shall have the unrestricted right to order the removal of any person(s)
assigned by Consultant by giving oral or written notice to Consultant to such effect.
Consultant's personnel shall at all times comply with City's drug and alcohol
policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions"
attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws
of the State of California. Each party to this Agreement consents to personal jurisdiction in San
Diego County, California, and hereby authorizes and accepts service of process sufficient for
personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for
giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or
conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central
Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant
hereby waives any right to remove any such action from San Diego County as is otherwise
permitted by California Code of Civil Procedure section 394. The prevailing party in any such
action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including
its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees.
Notwithstanding the foregoing, in the event that the subject of such an action is compensation
claimed by Consultant in the event of termination, Consultant's damages shall be limited to
compensation for the 60-day period for which Consultant would have been entitled to receive
compensation if terminated without cause, and neither party shall be entitled to recover their
litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean
the individual or corporate consultant and any and all employees of consultant providing services
hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute one and the
same instrument. Documents delivered by telephonic facsimile transmission shall be valid and
binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and
City relating to the terms and conditions of the services to be performed by Consultant. No
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.
8 of24 6 January 19, 2021, Item #13
24. Certification and Indemnification Regarding Public Employees'
Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor
are not current members of the California Public Employees' Retirement System (Cal PERS) and
shall not become members of CalPERS while providing services to City.
Contractor further provides that in the event Contractor assigns a retired annuitant
receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in
full compliance with Government Code section 7522.56. A copy of Government Code section
7522.56 is attached hereto as Exhibit "B."
Further, Contractor hereby fully and unconditionally indemnifies City from all
penalties, fees, employer and employee contributions, or any other assessments imposed by
CalPERS in the event CalPERS determines the person assigned by Contractor to provide
services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or
arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be
construed as though more narrowly drawn, if a narrower construction would avoid such invalidity,
illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such
invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this
Agreement shall remain in effect.
(Remainder of page intentionally left blank)
9 of24 7 January 19, 2021, Item #13
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the
date first above written.
CITY OF POWAY
By:------------Chris Hazeltine, City Manager
Date: __________ _
ATTEST:
Vaida Pavolas, City Clerk
APPROVED AS TO FORM:
By:-------------
Alan Fenstermacher, City Attorney
10 of 24
Y&S Technologies
8
By:------------
Saul Finck, Director of Sales
Date: ___________ _
January 19, 2021, Item #13
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to procure the items as detailed in the response to RFP 21-014.
The desktop computers will match the specifications in the Y&S Technologies proposal dated
December 5, 2020 under Standard Configuration Desktops with Vpro Option. Computers will be
imaged as required before delivery to the City. The Y&S Technologies Proposal, which is included
in this document as Attachment 1, and incorporated by reference, as if its contents were fully set
forth herein. The City may purchase additional units at the same quoted price for a period of six
months after the signing of the agreement.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Proposal submitted with the
quote dated December 5, 2020, which is included in this document as Attachment 1. Total fee is
not to exceed total contract amount of $208,148.04. 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.
C. Term of Agreement.
This Agreement shall be effective from the period commencing January 20, 2021,
and ending December 31, 2021, unless sooner terminated by City as provided in the section of
this Agreement entitled "Termination." This Agreement may be extended for up to two additional
one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration
or termination of this Agreement, Consultant shall return to City any and all equipment, documents
or materials and all copies made thereof which Consultant received from City or produced for City
for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant is not required to provide insurance as this is a hardware
purchase and there will be no work onsite.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the
following addresses:
To City:
To Consultant:
11 of 24
City of Poway
P.O. Box 789
Poway, CA 9207 4
Y&S Technologies
9810 Rosemont Ave Ste 207
Lone Tree, CO 80124
January 19, 2021, Item #13
ATTACHMENT 1
J7&S techn~l~ies
12/05/2020
CITY OF POWAY
SoluUons that drive results
REQUEST FOR PROPOSALS Desktop Computer Replacement
RFP 21-014 November 2020
Lawrence Brillon
IT Analyst -City of Poway
Phone: (85 8) 668-445 5
Email: Ibrillon@poway.or
Proposal
Dear Lawrence,
After extensive research we are providing a solution from Lenovo. Lenovo is the
leading PC and Server/ Hardware manufacture in the world. For the past twenty eight quarters
they have highest growth rate of any major PC manufacture in the world. In addition their US
headquarters is located in Raleigh North Carolina and all tech supp01i is handled by US
technicians out of Atlanta, Ga. In addition, Lenovo has acquired very large and prestigious
accounts, including the NYC Board of Education (largest school district in the country), Clark
County School District (Las Vegas) and United Nations Etc.
Standard Configuration Desktops Non V pro Option
For the quantity 235 Standard Configuration desktops we are offering the Lenovo
MFR#l lDUCTOlWWd Desktop TC M70q Tiny that meets or exceeds the
specifications requested. The full specifications are below. Specifications are per
unit.
11DUCTO1WWd Lenovo Desktop TC M70q_lntel H470_Tiny_ES_R 235
Country/Region USA
Preload Type Custom Image
Preload OS Windows 10 Pro 64
Pre load Language Cl_ WlO P64-ENG
Platform Tiny H470
Processor Intel Core i7-10700T Processor (16MB Cache, up to 4.40GHz with Turbo Boost)
DIMM Memory 16GB DDR4 2933MHz SoDIMM
Second Storage Selection 256GB SSD M.2 2280 NVMe TLC OP
Graphics Integrated Graphics
Ethernet Integrated Ethernet
Internal Speakers Internal Speaker
12 of 24 t (718) 473-0284 f (718) 360-9627 e info@yandstech.com w yandstech.com
383 Ki ngston Ave, Ste 357 Brooklyn, NY 11213 January 19, 2021, Item #13
Y&S techne;lr:~gies
Solutions that drive results
Keyboard USB Traditional Keyboard Black English
Power Adapter 135W adapter
Default use Port 1 Front use-c Port, 1 Front use Port, 4 Rear USB Ports
Wireless LAN Intel Wi-Fi 6 AX201 2x2 AX, Bluetooth Version 5.1 vPro
Tool-less for Open Chassis Tool-less for Open Chassis
Publication Publication-English
Bulk Package Bulk Package without ODD-80 in 1 Tiny
Absolute BIOS Selection BIOS Absolute Enabled
ITC Custom Image Type STANDARD_IMAGE_ITC
Premier Asset Tag Premier Support Asset Tag
Mouse USB Calliope Mouse Black
Memory_DPK_DERIVE DT&AIO_GT 8G & LT E to 16G
HDD DPK Derive DT_GT 128 LT 2T SSD or SSD+HDD
CPU DPK Derive Pro Other CPU
RDVD Type NO _RDVD _ TYPE
CPU Type COR E_l7 _lOGEN
KB TYPE USB Tradit ional KB BK
Platform type TINY
Thermal Thermal Kit 35W Tiny
Package No Package
OS DPK WlO Pro
DPK TYPE Win10 Pro DPK
Warranty 4Y Onsite NBD
Standard Configuration Desktops with Vpro Option
For the quantity 235 Standard Configuration desktops with Vpro we are offering
the Lenovo MFR# llDGCTOlWWd Desktop TC M90 Tiny that meets or
exceeds the specifications requested. The full snecifications are below.
Specifications are per unit.
llDGCTOlWW Lenovo Desktop TC M90q_lntel Q470_Tiny_ES_R 1
Country/Region USA
Preload Type Custom Image
Preload OS Windows 10 Pro 64
Pre load Language Cl_ WlO P64-ENG
Platform Tiny Q4 70
Processor Intel Core i7-10700T Processor vPro (16MB Cache, up to 4.40GHz with Turbo
Boost)
DIMM Memory 16GB DDR4 2933MHz SoDIMM
Second Storage Selection 256GB SSD M.2 2280 NVMe TLC OP
Graphics Integrated Graphics
Ethernet Integrated Ethernet
13 of 24 t (718) 473-0284 f (718) 360-9627 e i nfo@yandstech.com w yandstech .com
383 Kingston Ave, St e 35 7 Brooklyn, NY 11213
January 19, 2021, Item #13
Y&S techn"-;;l~gies
SoluUons that drive results
Internal Speakers Internal Speaker
Keyboard USB Traditional Keyboard Black English
Mouse USB Calliope Mouse Black
Power Adapter 135W adapter
Default USB Port 1 Front USB-C Port, 1 Front USB Port, 4 Rear USB Ports
Wireless LAN Intel Wi-Fi 6 AX201 2x2 AX, Bluetooth Version 5.1 vPro
Tool-less for Open Chassis Tool-less for Open Chassis
Publication Publication-English
Bulk Package Bulk Package without 000-80 in 1 Tiny
Absolute BIOS Selection BIOS Absolute Enabled
ITC Custom Image Type STANDARD_IMAGE_ITC
Custom Asset Tag ESSENTIAL_ASSET _ TAG
Modern Standby Modern Standby Enabled
Memory_DPK_DERIVE DT&AIO_GT 8G & LT E to 16G
HDD DPK Derive DT_GT 128 LT 2T SSD or SSD+HDD
CPU DPK Derive Pro Other CPU
HDD1_ Type NONE
HDD2_ Type M.2 SSD Card OPAL
HDD3_Type None
ESLABEL Energy Star
RDVD Type NO_RDVD_TYPE
China Energy Categogy None
CPU Type CORE_l7 _VPRO_10GEN
KB TYPE USB Traditional KB BK
Platformtype TINY
Thermal Thermal Kit 35W ILM Tiny
Package No Package
Adapter Adapter for Tiny
OS DPK W10 Pro
DPK TYPE WinlO Pro DPK
S5 WARRANTY 4Y Onsite
Optional USB DVD Drive
We are offering an optional USB DVD Lenovo MFR# 4XA0E97775 ThinkPad
UltraSlim USB DVD Burner
Integrated Computer/ Monitor Stand:
For the quantity 18 Integrated Computer / Monitor Stand: we are offering
the Lenovo MFR# 4XF0L 72015 ThinkCentre Tiny In One Single Monitor Stand.
Compatible with the Dell P2717H monitor
t (718) 473-0284 f (718) 360-9627 e info@yandstech.com w yandstech.com
14 of 24 383 Kingston Ave, Ste 357 Brooklyn, NY 11213 January 19, 2021, Item #13
Y&S techn ~lej gies
Solu6ons that drive results
Dual VESA Mount
For the quantity 16 Dual VESA Mount we are offering the Lenovo ThinkCentre
Tiny VESA Mount II MFR# 4XF0N03161 for easy and quick installation to the
back of the monitor.
Performance Configuration Desktops
For the quantity 6 Performance Configuration desktops we are offering the Lenovo
MFR# 30DECTO1 WWd Workstation TS P340 Tiny that meets or exceeds the
specifications requested. The full specifications are below. Specifications are per
unit.
30DECTOlWWd Lenovo Workstation TS P340 Tiny(Base) R 1
Country/Region USA
Preload Type Custom Image
Preload OS Windows 10 Pro 64
Pre load Language Cl_ Wl0 P64-ENG
Platform Tiny Q470
Processor Intel Core i9-10900T Processor vPro {20MB Cache, up to 4.50GHz with Turbo
Boost)
DIMM Memory 32GB DDR4 2933MHz SoDIMM
Storage Selection 512GB Solid State Drive, M.2 2280, PCle-NVMe, TLC, Opal 2.0
Graphics NVIDIA Quadro PlOO0 4GB {4xMini DP) Tiny
Ethernet Integrated Ethernet
Internal Speakers Internal Speaker
Keyboard USB Traditional Keyboard Black English
Mouse USB Calliope Mouse Black
Power Adapter 170W adapter
Wireless LAN Intel Wi-Fi 6 AX2012x2 AX, Bluetooth Version 5.1 vPro
Tool-less for Open Chassis Tool-less for Open Chassis
Publication Publication-English
Absolute BIOS Selection BIOS Absolute Enabled
ITC Custom Image Type STANDARD_IMAGE_ITC
Custom Asset Tag ESSENTIAL_ASSET _ TAG
Memory_DPK_DERIVE DT&AIO_GT 16G
HOD DPK Derive DT_GT 128 LT 2T SSD or SSD+HDD
CPU DPK Derive Pro High End CPU
RDVD Type NO_RDVD_TYPE
CPU Type CORE_19_VPR0_10GEN
KB TYPE USB Traditional KB BK
Platformtype TINY WS
Thermal Thermal Kit 35W Tiny
Package PKG Tiny w/o ODD-WW
15 of 24 t (718) 473-0284 f (718) 360-9627 e info@yandstech.com w yandstech.com
383 Kingston Ave, Ste 357 Brooklyn, NY 11213 January 19, 2021, Item #13
Y&S technCJ l CJgies
Solutions that drive results
Adapter Adapter for Tiny
OS DPK WlO Pro HE DPK WW
DPK TYPE WinlO Pro High End DPK
WARRANTY 4Y Onsite NBD
Warranty Care Pack
We are including with all our desktops a 4 year onsite next business day warranty.
Optional Warranty with Premier Service
We are offering an optional 4-year NBD onsite warranty with premier sen;ice.
Premier service is where you receive level 2 support with one case manager for
your entire claim.
maging
We are providing Imaging as requested.
Inside Delivery
We are providing as requested.
Optional Unboxing of equipment
We are providing the unboxing of the equipment as an option.
16 of 24
t (718) 473-0284 f (718) 360-9627 e info@yandstech.com w yandstech.com
383 Kingston Ave, Ste 357 Brooklyn, NY 11213 January 19, 2021, Item #13
~Stechn(;;f(;;gies
Solutions that dn"ve results
Pricing Option 1 (Non Vpro for the Standard Configuration)
QTY Part Number Description Price Each EXT Price
235 llDUCTOlWWd Lenovo M70q Non Vpro. $769.00 $180,715.00
Specifications above
ThinkCentre Tiny In One
18 4XF0L72015 Single Monitor Stand. $114.00 $2,052.00
Compatible with the Dell
P2717H monitor
Lenovo ThinkCentre Tiny
16 4XF0N03161 VESA Mount II for easy and $12.49 $199.84
quick installation to the back
of the monitor.
6 30DECTO1WWd Lenovo Workstation TS P340 $1,310.00 $7,860.00
Tiny. Specifications above.
4-year onsite 4-year onsite NBD Warranty $0.00 Included $0.00 Included
241 NBD Warranty in the build in the build
241 Imaging Imaging $0.00 Included $0.00 Included
in the build in the build
1 Inside Delivery Inside Delivery $0.00 Included $0.00 Included
Tax 7.75% $14,789.08
Total Price $2052615.92
17 of 24 t (718) 473-0284 f (718) 360-9627 e info@yandstech.com w yandstech.com
383 Kingston Ave, Ste 357 Brooklyn, NY 11213 January 19, 2021, Item #13
Y&S techn(;l CJ gies
Solutions that dn've results
Pricing Option 2 (Vpro for the Standard Confieuration)
QTY Part Number Description Price Each EXT Price
235 llDGCTOlWWd Lenovo M90q V pro. $779.00 $183,065.00
Specifications above
ThinkCentre Tiny In One
18 4XF0L720l5 Single Monitor Stand. $114.00 $2,052.00
Compatible with the Dell
P2717H monitor
Lenovo ThinkCentre Tiny
16 4XF0N03161 VESA Mount II for easy and $12.49 $199.84
quick installation to the back
of the monitor.
6 30DECTO1WWd Lenovo Workstation TS P340 $1,310.00 $7,860.00
Tiny. Specifications above.
4-year onsite 4-year onsite NBD Warranty $0.00 $0.00 Included
241 NBD Warranty Included in in the build
the build
241 Imaging Imaging $0.00 $0.00 Included
Included in in the build
the build
1 Inside Delivery Inside Delivery $0.00 $0.00 Included
Included
Tax 7.75% $14,971.20
Total Price $2082148.04
t (718) 473-0284 f (718) 360-9627 e i nfo@yandstech.com w yandstech.com
18 of 24 383 Kingston Ave, Ste 357 Brooklyn, NY 11213 January 19, 2021, Item #13
Y&S techn f.;l~ies
Solutions that drive results
Optional Pricing
QTY Part Number Description Price Per Unit
1 4-year Premier 4-year Premier Support $17.99
Support
1 4XA0E97775 ThinkPad UltraSlim USB DVD $49.00
Burner
l Un boxing of Unboxing of equipment $9.49
equipment
Datasheets
Y &S has provided datasheets for all items we are suggesting.
Contact Info for Warranty Support
For support, the district can contact our customer Service Dept. The Phone number for
our Customer support is #888-491-8910.
Price Valid
Our price is valid for 12 months.
Insurance
Y &S Technologies maintains all required commercial insurance policies and
will be more than happy to provide proof of insurance if City requests it.
Terms and Conditions
Y&S accepts all terms and conditions of the bid.
t (718) 473-0284 f (718) 360-9627 e info@yandstech.com w yandstech.com
19 of 24 383 Kingston Ave, Ste 35 7 Brooklyn, NY 11213 January 19, 2021, Item #13
Y&S techn ~l~gies
Solutions that drive results
Y &S References
Y&S has provided solutions like this throughout the country. Here are a few references for
your convenience.
1) San Diego International Airport, San Diego CA. We have sold them over 375 Lenovo
tiny's in March of 2020 worth over $225,000. Point of contact is Christina Vasquez
who can be reached at PH# 619.400.2496 or by email at cvasquez@san.org
2) Cumberland County Schools. Fayetteville, NC. 4th largest school system in the state
and 78th in the country. We have sold them over 28,000 Lenovo l00e Chromebooks,
500 L390 laptops and over 1,200 M920z desktops, from November 2018 through
today's date, and currently have an ongoing contract. Point of contact is Mike
Anderson Purchasing Officer who can be reached at PH# 910-678-2384 Email
mikeanderson@ccs.kl2.nc.us
3) Community College of Denver, Denver CO. We have sold the over $1,000,000 Worth
Of lenovo equipment in the last 3 years and are currently in the process of supplying
an additional $200,000 worth of Lenovo Computers, Laptops, and workstations. The
point of Contact is Chris Arcarese who can be reached at (303) 352-3032
Chris.Arca rese@ccd .ed u
4) Bridgeport Public Schools, Bridgeport CT (Largest School District in CT). We have
provided over 8000 Chromebooks 400 Workstations with White Glove, Laser Etching
and installation services in the last 2 years' worth $3,000.000, Point of contact is
Jeffrey M. Postolowski Sr who is the Director of Information Technology. Ph #(203)
275 -1137, E-mail jpostolowski@bridgeportedu.net
S) West Haven Board of Education, West Haven CT. We have pro.ived over 5000 Lenovo
lO0e chromebooks, 300 Lenovo desktops with full white glove services, warranties,
imaging, and 159 Aver charging carts. Worth over $2,000,000. The point of contact is
Jeff Tagliatela, Jeff can be reached at PH# 203-868-9779 E-mail jeft@whschools.org.
6} North County Transit District, Oceanside, CA. We have sold over $80,000 worth of
Lenovo computers in the last 2 years. Point of contact is Patty Hise, IT Coordinator
who can be reached at PH# 760.966.6369 or via email at phise@nctd.org
Point of Contact
Saul Finck will be your point of contact for this contract and will assist the City and its
personnel in any matters related to this contract. Saul's Contact Information is as follow s: Ph
#718-473-0284 EXT 203 . E-mail Saul@yandstech.com
Delivery
Y &S with Lenovo estimated delivery to be 18 days ARO.
20 of 24
t (718) 473-0284 f (718) 360-9627 e info@yandstech .com w yandstech.com
383 Kingston Ave, Ste 357 Brooklyn, NY 11213 January 19, 2021, Item #13
Y&S techn Cj lCj gies
Solutions that dn've results
Brief History of our Company
Y &S Technologies have been in business for over fourteen years with our primary
focus on the education and Government sector. Our senior staffs have over 40 years of
combined experience, selling and servicing the academic and Government market. Y & S
Technologies was established in the midst of the worst recession since the Great Depression.
We have not only survived, but we have grown our business every year by a minimum of 20%.
We offer our customers highly competitive solutions, the best products at the best prices and a
high level of service and support. These directly contribute to our successful and expanding
business.
If you should need any furiher information please feel free to contact me at your
earliest convenience. Thanking for the oppor1tmity.
Saul Finck ~
Y&S Technologies
21 of 24 t (718) 473-0284 f (718) 360-9627 e info@yandstech.com w yandstech .com
383 Ki ngston Ave, Ste 357 Brooklyn, NY 11213 January 19, 2021, Item #13
EXHIBIT "B"
Cal Gov Code § 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session
and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7
Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public
Employees' Pension Reform Act o/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)
22 of 24
(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
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.
January 19, 2021, Item #13
(2)A retired person who accepts an appointment after receiving unemployment insurance
compensation as described in this subdivision shall terminate that employment on the last
day of the current pay period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of
180 days following the date of retirement unless he or she meets one of the following
conditions:
(1 )The employer certifies the nature of the employment and that the appointment is
necessary to fill a critically needed position before 180 days have passed and the
appointment has been approved by the governing body of the employer in a public
meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state
employer certifies the nature of the employment and that the appointment is
necessary to fill a critically needed state employment position before 180 days have
passed and the appointment has been approved by the Department of Human
Resources. The department may establish a process to delegate appointing authority
to individual state agencies, but shall audit the process to determine if abuses of the
system occur. If necessary, the department may assume an agency's appointing
authority for retired workers and may charge the department an appropriate amount
for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly
Rules Committee certifies the nature of the employment and that the appointment
is necessary to fill a critically needed position before 180 days have passed and
approves the appointment in a public meeting. The appointment may not be placed
on a consent calendar.
(C)For employees of the California State University, the Trustees of the California
State University certifies the nature of the employment and that the appointment is
necessary to fill a critically needed position before 180 days have passed and approves
the appointment in a public meeting. The appointment may not be placed on a consent
calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant
to a collective bargaining agreement with the California State University that existed prior
to January 1, 2013, or has been included in subsequent agreements.
( 4)The retiree is a public safety officer or firefighter hired to perform a function or
functions regularly performed by a public safety officer or firefighter.
(g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to
be employed pursuant to this section for a period of 180 days following the date of retirement
and subdivision (f) shall not apply.
3
23 of 24 January 19, 2021, Item #13
(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 11 who is assigned to .serve in a court
pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 §
11 (SB 13). effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1,
2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015.
Annotations
Notes
Amendments:
Note-
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (t)(l) and (t)(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 (t)(4); and (3) "Judges' Retirement System" for "Judges'
Retirement System I" in subd (i).
4
24 of 24 January 19, 2021, Item #13
January 19, 2021, Item #14AGENDA RE PO RT City of Poway DATE: TO: FROM: CONTACT: SUBJECT: Summary: January 19, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services fvt Tracy Beach, Senior Civil Engineer (858) 668-4652 or tbeach@poway.org Los Penasquitos Lagoon Restoration Project CITY COUNCIL This report provides a background of stormwater regulations, presents the requirements of the Los Penasquitos Lagoon Sediment Total Maximum Daily Load (Sediment TMDL), the Los Penasquitos Lagoon Restoration Project and alternative projects to meet the requirements set forth in the Sediment TMDL. Recommended Action: It is recommended that the City Council receive the report and provide direction to staff. Discussion: Stormwater Regulatory Background The history of the City of Poway's (Poway's) stormwater program stretches back to 1948 when the Federal Water Pollution Control Act was enacted as the first major United States law to address water pollution. California enacted the state's first water protection efforts in 1969 with the Porter-Cologne Water Quality Control Act. Porter-Cologne is the cornerstone of today's water protection efforts in California and is recognized as one of the nation's strongest pieces of anti-pollution legislation. Major changes to the Federal Water Pollution Control Act were made in 1972 establishing the basic structure for regulating pollutant discharges. As amended, the law became commonly known as the Clean Water Act (CWA). The CWA was revised again in 1987 to regulate discharges of storm water associated with storm drain systems owned and operated by municipalities, also known as municipal separate storm sewer systems (MS4s). With the amendment, many municipalities throughout the United States were obligated for the first time to obtain National Pollutant Discharge Elimination System (NPDES) permits for discharges of storm water from their MS4s. In response to the CWA 1987 amendment, the San Diego Regional Water Quality Control Board (Regional Board) issued the first MS4 permit on July 16, 1990. Each subsequent revision to the federal and state water pollution laws has been more restrictive and has provided more clarification on what is considered a pollutant. For 1 of 26
January 19, 2021, Item #14example, distinctions were made between storm water (wet weather) runoff and non-storm water (dry weather) runoff. This clarification was made to prevent non-storm water runoff from being managed in the same manner as storm water runoff. The Regional Board found that non-storm water discharges resulting from over-irrigation are sources of pollutants and must be prohibited from entering the MS4. In 1996, the Los Penasquitos Lagoon (Lagoon) was placed on the CWA section 303(d) list of impaired waterbodies for sedimentation and siltation. Pursuant to the CWA, each state is required to identify impaired waters and establish a total maximum daily load (TMDL) for pollutants. A TMDL establishes the maximum amount of a pollutant allowed in a waterbody and serves as the starting point or planning tool for restoring water quality. In June 2012, the Regional Board issued the TMDL for Sedimentation in the Los Penasquitos Lagoon (Sediment TMDL). The Sediment TMDL for the Lagoon established a baseline sediment load from the 1970s, which was prior to the intense development of the watershed. Each jurisdictions' share of required sediment reduction was calculated separately by modeling the watershed and the lagoon. The total sediment load reduction target is approximately 67 percent. Poway's reduction was calculated to be 320 tons of sediment per year. The Sediment TMDL defines the required target to either mean: 1. the successful restoration of 346 acres of lagoon salt marsh habitat; or 2. to demonstrate that measures taken to reduce sediment are affecting 346 acres and will achieve lagoon salt marsh habitat restoration. In general, the Sediment TMDL requires the successful restoration of 346 acres of lagoon salt marsh habitat. This means increasing the salt marsh habitat from 262 acres (the 2010 level) by 84 acres to meet the Sediment TMDL requirements. It goes on to define the target to either mean the restoration itself, or to show that measures taken to reduce sediment are affecting 346 acres. Extensive monitoring would be required, and it could be difficult to prove that the sediment reductions are affecting 346 acres. More detail on the history of the water pollution laws, the MS4 permits, the Los Penasquitos Watershed, the Sediment TMDL, and other related items is included in Attachment A. The current MS4 permit, which is the fifth permit issued by the Regional Board, was adopted in 2013. This permit incorporated the Sediment TMDL as a part of the requirements that jurisdictions within the watershed are subject to. In this permit, the jurisdictions within the region subject to the permit, or Copermittees, were also given the responsibility of determining what will be the highest priority concerns for water quality and developing goals that can be used to measure and demonstrate progress toward addressing those priorities. In addition to the goals, the Copermittees were required to provide a schedule for achieving the goals. The measurement of progress toward achieving the goals required a better defined and more focused program of monitoring and assessment than under previous permits. This permit gave Copermittees the ability to modify the plans as additional information and data are collected from the monitoring. The current MS4 permit required establishment of the highest priority water quality concerns through development of a Water Quality Improvement Plan (WQIP) for each watershed that an agency is located within. Poway is in two watersheds, Los Penasquitos and San Dieguito. Poway staff collaborated with other Copermittees in the development of the WQIP's for each watershed. Poway entered into a memorandum of understanding (MOU) for development of each WQIP. Other agencies involved in the development of the Los Penasquitos WQIP include the Cities of San Diego and Del Mar and the County of San Diego (see Attachment B). The Final WQIP for the Los Penasquitos watershed 2 of 26
January 19, 2021, Item #14was submitted to the San Diego Regional Water Quality Control Board (Regional Board) in September of 2015 and accepted in February 2016. Poway's participation in the MOU for the WQIP development does not necessarily obligate Poway to collaboratively participate in any project listed in the WQIP. Individual MOUs are developed for each project in the WQIP that has participation by more than one Copermittee. Los Penasquitos Lagoon Restoration Project The Los Penasquitos Lagoon Restoration project (Restoration Project) is a significant regional effort created to try to meet the Sediment TMDL requirements. Since it may be difficult to prove that sediment load reductions will restore the Lagoon to have a total of 346 acres of salt marsh habitat, the Copermittees chose this project to ensure the restoration and ultimately, compliance with the Sediment TMDL. The project has been separated into two phases, as identified in Attachment C. Phase 1 of the project restores the area southwest of the railroad berm and provides guidance for restoration planned under Phase 2. Phase 2 covers the larger area of the lagoon northeast of the railroad berm and will include lessons learned from Phase 1. Phase 1 is further broken up into three sub-phases. Phase 1A includes sediment management and enhancement of the banks along the corridor where Los Penasquitos Creek and Carroll Canyon Creek converge. It also includes the reduction of upstream flood risk. Enhancement of the corridor would focus primarily on removing the large population of non-native vegetation species within the corridor. This phase also proposes sediment floodplain enhancements in three locations (Attachment D). The enhancement areas will abate sediment flows before they reach the lagoon and improve floodway management. These enhancements will expand the floodway channel width and improve channel capacity. Channel capacity is needed to better move floodwaters through Sorrento Valley while reducing sediment transport. Phase 1 B includes freshwater management. New channel alignment, side channels, and storm drain connections for freshwater are proposed as well as mosquito breeding habitat management. The proposed channel network is designed to convey dry weather freshwater flows away from the marsh plain. Under existing conditions, the disconnected channel system results in ponding of fresh and brackish water, throughout the Phase 1 area, which has resulted in a loss of salt marsh. The conceptual design for the Lagoon channel network will provide a network of channels to improve water conveyance with vegetated islands supporting marsh habitat. Attachment E provides the conceptual location and sizing of the proposed Lagoon channel network. Phase 1 C includes 23 acres of non-native grass conversion to salt marsh native vegetation. Grading at the north end of the Phase 1 project area is designed to create additional areas of salt marsh within the 23-acre area that is dominated currently by non-native grass. After completion of the Phase 1 construction, monitoring of the vegetation and habitat in the mitigation areas is scheduled for approximately three years. This time will be used to observe the Lagoon, learn from Phase 1 and update the plans for Phase 2 appropriately based on how the Lagoon and habitat react to Phase 1. Phase 2 is anticipated to include additional freshwater management and invasive plant removal in areas north of the railroad berm to Carmel Valley Road in non-tidal historical salt marsh. Restoration of the Lagoon is a significant regional effort that will rely on key partnerships and funding amongst the Copermittees in the watershed. The City of San Diego has been designated as the lead agency for the Restoration Project and has managed the planning of the project thus far. A request 3 of 26
January 19, 2021, Item #14for proposals went out in May 2019, interviews were held, and a design consultant was selected. The other Copermittees in the watershed are expected to participate in the design and construction phases for the project moving forward. Should Poway opt to participate in the Restoration Project, Poway will be required to enter into a formal MOU and to cost share the project with the other Copermittees. The draft MOU for Phase 1 has been distributed to the Copermittees for review, approval, and signature. There has been much deliberation amongst the Copermittees regarding the cost share breakdown and the MOU language itself. Because of this, the MOU has not been executed yet and Poway has not yet agreed to participate. A separate MOU will be executed for all future phases including monitoring, Phase 2 design and construction, and long-term maintenance. Each of these phases will be negotiated separately. Once the Phase 1 MOU is executed by all Copermittees, design will proceed and is anticipated to last 33 months. The City of San Diego's original timeline projected the design to begin in early 2020 with design completion by September 2022. Construction of Phase 1 was estimated to commence in 2023 and extend through 2026. The monitoring phase was estimated to last for three years following construction completion. This timeline is extended due to delays with the MOU execution. During the implementation of Phase 1, planning of Phase 2 would commence. Implementation of Phase 2 was anticipated to begin in 2029, with an unknown length of time for completion. Final implementation and compliance with the Sediment TMDL must be achieved by December 31, 2034. Prior to the issuance of the request for proposals for design, the City of San Diego updated the projected costs for Phase 1. The total current estimate for Phase 1 construction is $35,225,451.82. The cost share breakdown for the Copermittees was calculated based on the sediment load allocation assigned to each jurisdiction through the model used in development of the WQIP. Based on this, Poway's contribution is 19.65 percent of the total, which equals $6,728,061.30. This breakdown included the City of Del Mar, City of San Diego, the County of San Diego, and Caltrans. Caltrans is not currently subject to the same permit as the other Copermittees but has indicated they will make a flat payment in 2024 for their portion of the project. City staff has questioned Poway's contribution percentage numerous times throughout the review of the draft MOU. Poway staff believes that the WQIP model used to determine the sediment loading failed to properly incorporate sediment reductions done through on-going channel maintenance within Poway. Recently an analysis was done on Poway's rigorous channel cleaning program. The channel cleaning program is permitted through the resource agencies and includes removal of sediment in Poway's concrete channels. This information is reported with the WQIP annual reports but does not appear to have been included in the original analysis to the same degree. The WQIP model included an overall average for removal of multiple types of pollutants based upon an analysis completed by the City of San Diego in 2014. The percentage load for pollutant removal used was 10.1 %. The WQIP identifies Poway as having 615 tons of sediment load annually. Per Poway's channel cleaning program reporting, the lowest volume of sediment removal reported in any one year since 2010 is 196 tons. The volume of removal has varied over the years which is likely a result of volume of rain and staff availability to run the program. Incorporating the additional sediment removal would lower Poway's sediment loading. The extent to which the loading is lowered would depend on whether any other Copermittee has a robust channel cleaning program similar to Poway. Poway staff discussed this discrepancy with the City of San Diego. Since the WQIP model is part of the currently approved WQIP, it is not likely that revisions could be made in a timely manner without significant delays to the Restoration project. The City of San Diego is amenable to adding language to the MOU that would allow for revising the cost share allocation in the future, should the sediment load methodology be updated in the WQIP and approved by the Regional Board. Any adjustments to sediment load methodology would be applied to all Copermittees. It is highly likely that the other 4 of 26
January 19, 2021, Item #14Copermittees will continue on with the project and Phase 1 MOU without Poway should the City Council decide not to participate. Potential Alternative Options As stated earlier, Poway's goal is reducing 320 tons of sediment per year. The WQIP lists the Restoration Project as one of the options that could be implemented to meet sediment reduction goals. Given the way the Sediment TMDL was written, the Restoration Project can be considered to satisfy the Sediment TMDL because it physically restores the lagoon salt marsh. The WQIP included an alternative option to try and meet the Sediment TMDL requirement by demonstrating measures taken to reduce sediment are affecting 346 acres and will achieve lagoon salt marsh habitat restoration. Poway staff reached out to the Regional Board for clarification on the alternative option. Based upon correspondence received by the Regional Board on October 12, 2020, see Attachment F, if Poway does not participate in the Restoration Project, a revised WQIP would need to be submitted and approved by the Regional Board. The revised WQIP would need to include Poway's individual implementation and a specific linkage analysis showing Poway's sediment load reductions contribute to the overall restoration of the Lagoon and equate to the City's proportional responsibility. The specific analysis would need to be verified through monitoring to demonstrate that Poway is not exceeding its proportional responsibility of total sediment load in the watershed. Part of the Restoration Project scope of work includes removal of sediment that has been deposited over time allowing for saltmarsh to take over the inundated area. Given that the Lagoon is located outside of Poway's jurisdiction and that the other Copermittees will likely proceed with the Restoration Project with or without Poway, it may be difficult if not impossible to prove that Poway's reduction of sediment load alone is physically restoring the Lagoon. It is unknown what the cost of an update to the WQIP and the associated specific analysis would be but would likely be several hundred thousand dollars. All costs would be borne by Poway since this would be part of Poway's TMDL compliance and there is no guarantee that this alternative option would be in compliance with the TMDL. It is worth noting that by choosing this alternative option, Poway may be found in non-compliance with interim goals set forth in the TMDL. It would take a significant amount of time to develop the WQIP update and associated specific analysis along with gaining approval of these documents by the Regional Board. It is unknown if the Regional Board would enforce fines related to non-compliance with interim goals. Conclusion As previously stated, the Sediment TMDL defines the required target to either mean: 1. the successful restoration of 346 acres of lagoon salt marsh habitat; or 2. to demonstrate that measures taken to reduce sediment are affecting 346 acres and will achieve lagoon salt marsh habitat restoration. The Restoration Project solely focuses on the restoration of the Lagoon's salt marsh, habitat and vegetation and is expected to ensure compliance with the Sediment TMDL completely because it will physically restore the required salt marsh habitat. However, it does not guarantee the reduction of sediment needed to prevent future pollution and water quality exceedances. The project is a costly venture for Poway with current estimates only for Phase 1 of the project. No estimates have been created for the Monitoring Phase, for Phase 2, or for maintenance in perpetuity. While staff research and analyses have shown that Poway can meet the sediment load reduction, this does not ensure restoration of the Lagoon salt marsh by 2035 as required and therefore, does not 5 of 26
January 19, 2021, Item #14ensure compliance. The Sediment TMDL also includes interim goals for achieving the Lagoon restoration. Non-compliance with the Sediment TMDL and the interim goals could be subject to fines of $10,000 per day from the Regional Board and potentially $52,000 per day from the United States Environmental Protection Agency. Staff has been in discussions with the Regional Board to clarify whether compliance with the Sediment TMDL is a watershed-wide requirement or if it will be assessed per jurisdiction. Poway is not required to participate in the Restoration project, however non-participation would mean that Poway will need to demonstrate that sediment reductions are affecting Poway's proportional share of the 346 acres and will still result in restoration of lagoon salt marsh habitat. Providing proof of the restoration may prove difficult to do especially with the other Copermittees proceeding with the Lagoon Restoration. Ultimately, there are three options related to this project for the City Council to consider. The City Council could direct staff to: 1. Participate in the Restoration Project at the full level currently proposed (approximately $6.7M) and authorize the City Managerto execute the Phase 1 MOU upon approval of the final version, or 2. Decline participation in the Restoration Project completely and continue to seek an alternative pathway to compliance, or 3. Proceed with MOU negotiations with the Copermittees, with consideration to participate in the Restoration Project, subject to City Council approval of the final MOU at a future City Council meeting. Selection of Option 2 would require Poway to prove that any alternatives selected contribute to the restoration of Lagoon salt marsh habitat. Proving this could be extremely difficult to do given that the other Copermittees will likely pursue the Lagoon Restoration with or without Poway's participation. Poway's contribution would not be readily distinguishable with the other Copermittees completing physical improvements of the Lagoon. It is also unclear how much Option 2 would cost, and staff does not know if the required specific linkage analysis would achieve compliance and be approved by the Regional Board. It should be noted that if the Regional Board determines that Poway is not in compliance with the Sediment TMDL by lack of participation in the Restoration Project, Poway could be subject to significant fines as previously mentioned. Environmental Review: The action of determining participation in the Los Penasquitos Lagoon Restoration project is not subject to California Environmental Quality Act (CEQA) review. The Los Penasquitos Lagoon Restoration project is subject to CEQA review. This review is being completed by the City of San Diego. Fiscal Impact: The future fiscal impact will depend on the direction provided by the City Council. Should the City Council direct staff to participate in the Restoration Project, Poway's currently proposed share of Phase 1 would be approximately $6.73 million or 19.1 % of $35.23 million. This has the potential of being broken down into annual payments. Attachment G is a draft cost share breakdown provided by the City of San Diego. The first several years would be based upon Poway's contribution to the cost of the project design, which is approximately $1.59 million. The first payment 6 of 26
January 19, 2021, Item #14could be due immediately after execution of the MOU and would likely include the amounts shown in the cost share breakdown as due in FY 2020 and FY 2021 for a total of $787,708.51. The remaining approximately $5.13 million would be paid via annual payments during the construction, which is currently anticipated to begin in 2023. Should the City Council direct staff to seek alternative compliance pathways, the fiscal impact would depend upon the alternative chosen. Even prior to the COVID-19 pandemic, the City did not have funding identified for this project. Should the City Council direct staff to participate in Phase 1 of the Restoration Project, General Fund unassigned fund balance could be used to fund a portion of the City's share, but alternative financing avenues, such as debt, would have to be considered. Public Notification: None. Attachments: A. Los Penasquitos History and Permit Details B. Los Penasquitos Watershed Map C. Los Penasquitos Lagoon Restoration Project Overview D. Los Penasquitos Lagoon Restoration Project Phase 1 E. Los Penasquitos Lagoon Restoration Project Phase 1 B F. San Diego Regional Water Quality Control Board Letter dated October 12, 2020 G. Draft Cost Share Breakdown Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 7 of 26 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~cttk? City Manager
January 19, 2021, Item #14LOS PENASQUITOS HISTORY AND PERMIT DETAILS Stormwater Regulatory Background The Federal Water Pollution Control Act of 1948 was the first major United States law to address water pollution. Growing public awareness and concern for controlling water pollution led to sweeping amendments in 1972. As amended in 1972, the law became commonly known as the Clean Water Act (CWA). The 1972 amendments established the basic structure for regulating pollutant discharges into the waters of the United States. It gave the Environmental Protection Agency (EPA) the authority to implement pollution control programs and made it unlawful for any person to discharge any pollutant from a point source into navigable waters, unless a permit was obtained under its provisions. It also required the states or the U.S. EPA to set standards for surface water quality. In 1969 the California State Legislature enacted the Porter-Cologne Water Quality Control Act, the cornerstone of today's water protection efforts in California. Porter-Cologne was recognized as one of the nation's strongest pieces of anti-pollution legislation. Through it, the State Water Resource Control Board (State Water Board) and the nine Regional Water Quality Control were established as the responsible agencies for day-to-day implementation of the law. Porter-Cologne required each regional board to establish water quality standards for each waterbody within its region. A "Water Quality Control Plan" or "Basin Plan" establishes the waters within a specified area for all of the following: 1) beneficial uses to be protected; 2) water quality objectives to reasonably protect beneficial uses and; 3) a program of implementation needed for achieving water quality objectives. Waterbodies that do not meet water quality standards are considered impaired. The new state law was so influential that Congressional authors used sections of Porter-Cologne as the bases of the CWA amendment of 1972, mentioned above. The CWA was amended again in 1987 to address and regulate discharges of storm water associated with conveyance systems owned and operated by municipalities, also known as municipal separate storm sewer systems (MS4s). With the amendment, many municipalities throughout the United States were obligated for the first time to obtain National Pollutant Discharge Elimination System (NPDES) permits for discharges of storm water from their MS4s. In response to the CWA 1987 amendment, the San Diego Regional Water Quality Control Board (Regional Board) issued the first MS4 permit on July 16, 1990. This permit required the jurisdictions within the region, or Copermittees, to develop and implement runoff management programs but provided little specificity about what was required to be included or achieved by those programs. The flexibility provided in the first permit term was generally continued through the second permit term. The combination of the lack of specificity in the first and second permit terms, a general lack of meaningful action by the Copermittees, and a general lack of enforcement by the Regional Board during the first ten years of the storm water program, resulted in few significant steps towards achieving improvements in the quality of receiving waters or storm water discharges from the MS4s. From 2001, the regulatory approach incorporated into the third permit term was a significant departure from the regulatory approach thus far. The third permit term issued by the Regional Board included more detailed requirements that outlined the minimum level of implementation required for the Copermittees' programs to meet the standard for storm water and introduced requirements for developing and implementing watershed-based programs. It required Copermittees to comply with water quality standards based on discharge prohibitions and receiving water limitations through 8 of 26 ATTACHMENT A
January 19, 2021, Item #14timely implementation of control measures and other actions to reduce pollutants in discharges. This permit was the first time to allow Copermittees to use an iterative approach to achieving compliance with water quality standards that involved ongoing assessments and revisions. The third permit was subsequently challenged in the Superior Court of the State of California and the Court of Appeal. The Court of Appeal found that the approach of the third permit to regulating discharges into the MS4 was appropriate. The State of California Supreme Court denied a review sought by the Building Industry Association in March 2005. The fourth permit was issued to the Copermittees of San Diego County in January 2007. It continued to include more detailed requirements to be implemented by each Copermittee'sJurisdictional Runoff Management Program URMP). The permit included requirements to further emphasize a watershed management approach and for more coordination amongJRMPs. It also included more requirements for assessing the effectiveness of the programs being implemented by the Copermittees. The fourth permit was the first to make a distinction between storm water (wet weather) runoff and non-storm water (dry weather) runoff. This clarification was made to prevent any potential misunderstanding that regulation under the MS4 permit is limited only to urbanized areas and to prevent non-storm water runoff from being managed in the same manner as storm water runoff. Finally, the fourth permit stated that non-storm water discharges to the MS4 from over application of irrigation water are sources of pollutants. The Regional Board found that non-storm water discharges resulting from over-irrigation must be prohibited from entering the MS4 in accordance with the requirements of the CWA. The fifth permit, our current permit, was adopted in 2013 and shifted the focus of the permit requirements from a minimum level of actions by the Copermittees to identifying outcomes to be achieved by those actions. Implementation has been based on decisions Copermittees have made in accordance with what they have identified as the highest priority water quality conditions. In this permit, the Copermittees were given the responsibility of identifying the highest priority water quality conditions and developing goals that can be used to measure and demonstrate progress or improvements toward addressing those priorities. In addition to the goals, the Copermittees were required to provide a schedule for achieving the goals for those highest priorities. The measurement of progress toward achieving the goals for those highest priorities required a better defined and more focused program of monitoring and assessment than under previous permits. The Copermittees had the ability to identify available resources and develop and implement long term plans that can organize, collect, and use those resources in the most strategically advantageous and efficient manner possible. This permit gives Copermittees the ability to modify the plans as additional information and data are collected from the monitoring and assessment programs. Lastly, the Copermittees were able to identify and utilize resources available from other agencies and entities to further augment and enhance JRMPs and/or to collectively work with those other agencies and entities toward achieving a stated desired outcome. Water Quality Improvement Plan The mechanism required through the permit to establish the highest priority water quality conditions and develop goals is the Water Quality Improvement Plan (WQIP). The permit requires agencies to collaborate on a WQIP for each watershed in which they are located. The City of Poway (Poway) is located within two watersheds, the Los Penasquitos and San Dieguito Watershed Management Areas. Poway staff participated in the development of the WQIP's for each watershed. Other agencies involved in the development of the Los Penasquitos WQIP include the Cities of San Diego and Del Mar 9 of 26
January 19, 2021, Item #14and the County of San Diego. Development of the WQIP was a process that took over a year to complete. The Copermittees of the Los Penasquitos watershed submitted the Final WQIP to the San Diego Water Board in September 2015 and it was accepted in February 2016. Los Penasquitos Watershed The Los Penasquitos Watershed Management Area (WMA) encompasses 94 square miles of undeveloped open spaces and urban areas, draining ultimately into the Los Penasquitos Lagoon (Lagoon) through three main waterways, before meeting with the Pacific Ocean. It extends from the Lagoon to beyond Highway 67 and includes several City of San Diego communities, such as Torrey Pines, Carmel Valley, Sorrento Valley, Mira Mesa, Rancho Penasquitos, Carmel Mountain, Sabre Springs as well as the Cities of Del Mar and Poway. Small finger canyons drain into three main creeks (Carmel Valley Creek, Los Penasquitos Creek, and Carroll Canyon Creek) that lead into the Lagoon, see Attachment B. Currently, about forty-six percent (46%) of the WMA remains undeveloped or has otherwise been dedicated to open space and recreational lands. The remaining fifty-four percent (54%) of the land area is being utilized as residential areas (27%), roadways and transportation (12%), and other uses (15%). The remaining 'other' 15% includes industrial, office, commercial, and agricultural land uses. According to 201 O U.S. Census data, the Los Penasquitos WMA is estimated to be home to approximately 260,000 residents. The population is most dense in the more developed urban and suburban regions of the lower watershed, which bears a disproportionate share of the pollution burden when compared to portions of the watershed upstream. Los Penasquitos Lagoon The Lagoon is currently comprised of over 200 acres of coastal salt marsh. This type of habitat has been reduced to an estimated 25 percent of its historic range in California. Urban development has altered the environmental processes that support wetland habitats, specifically coastal salt marsh in the Lagoon, in three ways: 1) increase in the volume and frequency of freshwater input, 2) increase in sediment deposition, and 3) decrease in the volume of water in the estuary between the mean high tide and mean low tide. Sources of sediment to the Lagoon include erosion of canyon banks, bluffs, scouring stream banks, and tidal influx. Some of these processes are exacerbated by disturbances such as land development within the watershed. Land development transforms the natural landscape by exposing sediment and converting pervious surfaces to impervious surfaces. This increases the volume and velocity of runoff resulting in scouring of sediment. Sediment loads are transported downstream to the Lagoon during storm events causing deposits on the salt flats and in Lagoon channels. These sediment deposits have gradually built-up over the years due to increased sediment loading and inadequate flushing, which directly and indirectly affect Lagoon functions and salt marsh characteristics. These factors have reduced tidal mixing within the Lagoon channels, degraded the salt marsh, and resulted in the net loss of salt marsh vegetation within the Lagoon. It has increased the vulnerability of surrounding urban and industrial development to flooding, increased turbidity associated with siltation in Lagoon channels, and constricted wildlife corridors. Reducing watershed sediment loads is a necessary component for restoring and providing long-term protection of the Lagoon's beneficial uses. Deposition of watershed sediment contributes to elevation 10 of 26
January 19, 2021, Item #14increases within the Lagoon, leading to an increase in height relative to mean sea level. Elevation is a critical variable that determines the productivity and stability of salt marshes. The long-term existence of the salt marsh depends on the success of the dominant plants and their close relationship to sediment supply, sea level change, and tidal range. Sediment Total Maximum Daily Load Waterbodies that do not meet water quality standards are considered impaired. Pursuant to section 303(d) of the CWA, each state is required to identify impaired waters and establish a total maximum daily load (TMDL) at a level necessary to implement water quality standards. In 1996 the Lagoon was placed on the CWA section 303(d) list of impaired waterbodies for sedimentation and siltation. This required the development of a TMDL. In June 2012, the Regional Board issued the TMDL for Sedimentation in the Los Penasquitos Lagoon (Sediment TMDL). It should be noted that the watershed is also listed and impaired with a Bacteria TMDL. The purpose of a TMDL is to restore an impaired waterbody to water quality conditions under which water quality standards can once again be attained. This is done by establishing and implementing a TMDL for the impairing pollutant. A TMDL is both a calculation of the maximum level for each pollutant that the impaired waterbody can handle and still maintain water quality standards, and an implementation plan to guide actions necessary to clean up the waterbody and restore water quality standards. One or more numeric targets must be selected to calculate a TMDL for an impaired waterbody. Attainment of the selected numeric targets in the impaired waterbody represents attainment of applicable water quality standards in the waterbody. In other words, when the numeric targets are met, the TMDL should be met, and water quality objectives should be met. While it is the collective responsibility of all entities (public or private) in the Los Penasquitos Watershed to reduce their contribution of sediment pollution, the drainage system owned by the various cities and counties, also known as the municipal separate storm sewer system (MS4), collects and drains virtually the entire watershed. As such, the MS4 Copermittees are recognized as the primary source of sediment to the Lagoon. Additionally, the Copermittees have a responsibility to inspect other responsible parties, such as construction sites, for storm water Best Management Practice (BMP) compliance. The Sediment TMDL expects the Copermittees to assume the lead role in coordinating and carrying out all responsible party actions and compliance. The Sediment TMDL was the first TMDL in the San Diego region to be developed by a third party. A third-party stakeholder group was brought together to develop the technical analysis portion of the Sediment TMDL. This portion of the Sediment TMDL was developed through close collaboration between the municipalities within the Los Penasquitos Watershed (the City of San Diego, San Diego County, City of Del Mar and the City of Poway), the California Department ofTransportation (Caltrans), San Diego Coastkeeper, California State Parks, the Los Penasquitos Lagoon Foundation, the U.S. EPA, and representatives from the Regional Board. The analysis designated the early 1970s as a time when the Lagoon received relatively natural background loads of sediment from all sources and was likely attaining the sediment water quality objective. Using land-use coverage and Lagoon mapping, a "reference condition" was developed to establish watershed and Lagoon conditions present during the 1970s. The Sediment TMDL requires Copermittees to implement Best Management Practices (BMPs) to reduce the current sediment loading rate from the watershed to the level of sediment loading found 11 of 26
January 19, 2021, Item #14in 1973. The 1970s time period, which was prior to the intense development of the watershed, was identified during the Sediment TMDL development period as the time when the sediment water quality standard was met. The Sediment TMDL's sediment load reduction targets are set for all contributing MS4s as a group; they do not determine each jurisdiction's share of required load reductions. The maximum load of sediment that the Lagoon can receive from all sources and still meet the sediment water quality objective is 12,360 tons per year. A 67% load reduction (from the year 2000 to the historical mid 1970s load) was assigned to the responsible parties, lowering the allowable sediment load to 2,580 tons per year. The Sediment TMDL includes a numeric target for the Lagoon, which is expressed as "an increasing trend in the total area of tidal and non-tidal salt marsh toward 346 acres." This target acreage represents 80% of the total acreage of tidal and non-tidal salt marsh present in 1973. As of the year 2010, 262 acres of tidal salt marsh and non-tidal salt marsh were present in the Lagoon. The Sediment TMDL continues to define the numeric target to either mean: 1) the successful restoration of 80% of the 1973 acreage of lagoon salt marsh habitat (346 acres), or 2) to demonstrate that measures taken to reduce sediment are affecting 346 acres with continuous monitoring to ensure 80% target achievement. As required by law, the Sediment TMDL does not prescribe specific BMPs that must be implemented to reduce sediment and meet the Lagoon target. The responsible parties must select specific BMPs and locations for BMPs to meet the Sediment TMDL targets. The Sediment TMDL identifies the following four categories of BMPs: 1) preservation and restoration, 2) education and outreach, 3) retrofitting, new development and site management, and 4) monitoring. The Sediment TMDL states that Responsible Parties must develop a plan as a whole watershed called a Comprehensive Load Reduction Plan (CLRP) that will specify how they will comply with the required pollutant reductions and meet the lagoon numeric target in the Sediment TMDL. It also states that all responsible parties are responsible for reducing their sediment loads to the receiving waterbody or demonstrating that their discharges are not exceeding the pollutant allocation. Monitoring must be conducted to assess BMP effectiveness and progress towards achieving the pollutant load reductions in accordance with the compliance schedule contained in the Sediment TMDL. Full implementation of the Sediment TMDL must be completed within 20 years from the effective date of adoption (FY 2035). The implementation plan also includes an adaptive management approach. This approach allows the Lagoon to make progress toward attaining water quality standards while responsible parties improve their understanding of the system through research and observation of how the Lagoon responds to implemented BMPs. In addition to watershed area sediment load reduction, the Sediment TMDL suggests two alternative measures that would contribute to an increase in salt marsh habitat: 1) reduction of freshwater discharges, and 2) Lagoon restoration. 12 of 26
January 19, 2021, Item #14Comprehensive Load Reduction Plan The CLRP was a joint effort amongst all the Copermittees of the watershed. It was prepared and submitted to the Regional Board as a part of the WQIP in 2015. Based on watershed modeling, each Copermittee developed their own load reduction goals. Each jurisdiction's goal was based on the jurisdiction's proportional share of the watershed area. The model was used to calculate existing and historical sediment contributions to the Lagoon from the Los Penasquitos watershed. This was used for the total allowable pollutant allocation assigned to the responsible parties and the pollutant allocation assigned to the ocean. A receiving water model was used to simulate the movement of flows and the characteristics of sediment movement within the Lagoon. The modeling was based on water year 2003, which is the October 2002 through April 2003 wet season. Based on a review of the TMDLs and other water quality regulations, the two highest priority water quality conditions established in the WQIP and CLRP are the impairment of beneficial uses (i.e. recreation, wildlife habitat, etc) in the Lagoon and the potential impairment by bacteria of beneficial uses along the Pacific Ocean Shoreline at Torrey Pines State Beach at Del Mar. To address the highest priority water quality conditions within the Los Penasquitos WMA, the WQIP includes the following goals, strategies, and schedules to improve water quality for the watershed as a whole: • Maintain water quality in the Los Penasquitos WMA and subwatersheds to protect creeks and beaches from pollution. • Reduce bacteria levels at the Pacific Shoreline near Torrey Pines State Beach (By Fiscal FY 2021 for dry weather and by FY 2031 for wet weather). • Reduce sediment inputs and freshwater discharges to the Lagoon by FY 2035, to allow significant restoration of the Lagoon. By 2020: • Develop a comprehensive restoration plan for the Lagoon that identifies schedules and potential funding resources to accomplish that effort. By 2022: • Ensure that new infrastructure projects in public rights-of-way throughout the watershed are constructed using best available "Green Infrastructure" techniques so they better intercept, capture and control pollutants. • Construct other structural BMPs as needed and as possible within Poway, including a constructed wetland and/or detention basin that will capture and slow storm water flows, helping to remove transported pollutants and sediment. • Begin construction and regular maintenance of bioretention facilities throughout the City of San Diego portions of the WMA to capture and infiltrate storm water flows so that pollutants can be filtered out as water reenters local aquifers. 13 of 26
January 19, 2021, Item #14By 2035: • Coordinate with WMA partners to complete restoration of 346 acres of habitat within the Lagoon. Responsible agencies must meet the wet weather Sediment TMDL targets within 20 years of adoption (FY 2035). Responsible agencies must meet the wet weather Bacteria TMDL targets within 20 years of adoption (FY 2031) and dry weather targets within 10 years (FY 2021 ). Within the Los Penasquitos WMA, the Sediment TMDL dictates the sediment goals that are applicable during wet weather. The Bacteria TMDL is the driver for bacteria goals, which are applicable during both dry and wet weather. WQIP goals may be met 1) in the receiving water (restoring salt marsh habitat in the Lagoon), 2) in MS4s discharges by demonstrating that the MS4 is not causing or contributing to receiving water exceedances, or 3) by implementing an approved WQIP that used a watershed model or other analysis to identify BMPs required to achieve compliance with the final receiving water goals. Poway has multiple options for complying with the WQIP and the TMDL requirements. As stated in the WQIP, Poway's compliance pathways to achieve the wet weather sediment final numeric goals (by FY 2035) are listed below. Only one goal must be met by FY 2035 to comply with the WQIP and Sediment TMDL. • Lagoon Restoration o As defined by the Sediment TMDL this can either mean: ■ Successful restoration of 80% of the 1973 acreage of Lagoon salt marsh habitat (346 acres); or ■ Demonstration that measures taken to reduce sediment are affecting 346 acres with continued monitoring to ensure 80% target achievement. • MS4 Discharges (percent sediment load reductions from MS4) 14 of 26 0 0 0 0 The percent load reduction is based on Sediment TMDL model updates completed during the development of the WQIP. It calculated the sediment loads attributed to the Responsible Agencies. During the model development, Poway staff provided data to the consultant preparing the model. Percent load reduction, rather than the mass (or tonnage) of load reduction, was selected as the WQIP numeric goal because the mass of sediment reduction is, in part, related to rainfall, which varies year by year. Percent load reduction provides a relative metric that is unaffected by wet or dry weather years. Calculation of the percent load reduction includes loading from other agencies like Caltrans (known as Phase II MS4s), general construction, and general industrial permittees within Poway's jurisdiction. The WQIP must incorporate, and Poway must implement, the BMPs or other implementation actions required to achieve the Lagoon restoration goal; and Include a compliance analysis, accepted by the Regional Board, to demonstrate that implementation of the BMPs or other implementation actions will achieve the Lagoon restoration goal; and Perform monitoring and assessments to demonstrate compliance with the Lagoon restoration goal of 346 acres.
January 19, 2021, Item #14a. ro ~ "O Q) ..c V) ~ Q) ~ ro $ V) 0 -~ :::, O" V) ro C Q) 0.. 1 V) 0 .....J I • I ..... 15 of 26 ATTACHMENT 8
January 19, 2021, Item #14..li,, en
0 .....
I\) en
)>
--i --i )>
C') :c
~ m z --i
C')
Los Penasquitos Lagoon Restoration Project Overview
Phan 1 Construction
EJ Conoepiu :11 Stagirg
Concopwal Al,;c
PtiaM 2 ProJtel Comp:men1, iconcepw,11
January 19, 2021, Item #14-1,, .....
0 -4'
N en
)>
~ ~ )>
0 :c
~ m z ~
C
• Flni>Gal<."S
N<?'h St)rmdrain
Pti;an 1-&lbph;i;
f'"l'lil!ie 1A
Prose 1B
PNI~ 1C ~
Los Penasquitos Lagoon Restoration Project Phase 1
January 19, 2021, Item #14...I,
00
0 ...,
"-> en
)>
--4 --4 )>
C") :c s: m z
--4
m
D
A N
Los Penasquitos Lagoon Restoration Project Phase 1B
January 19, 2021, Item #14Water Boards San Diego Regional Water Quality Control Board October 12, 2020 Mr. Chris Hazeltine City of Poway 13325 Civic Center Drive Poway, CA 92074 chazeltine@poway.org Sent Via Email Only In reply refer to/ attn: CW-794843: MGarcia Subject: Compliance with Los Penasquitos Lagoon Sediment Total Maximum Daily Load (TMDL) Requirements -Order No. R9-2013-0001, As Amended Mr. Hazeltine: The California Regional Water Quality Control Board, San Diego Region (San Diego Water Board or Board) reviewed the options available to the City of Poway for compliance with the Los Penasquitos Lagoon Sediment Total Maximum Daily Load (Sediment TMDL). The Sediment TMDL requirements and compliance options are found in provision 7 of Attachment E to Order No. R9-2013-0001 (Order). This letter clarifies the Sediment TMDL requirements and available compliance options. Consistent with the San Diego Water Board's core values of transparency and communication, this letter also articulates the Board's expectations for compliance with the Sediment TMDL requirements and follow through by the City of Poway and others on the commitments presented in the Accepted Los Penasquitos Watershed Management Area (WMA) Water Quality Improvement Plan (WQIP) dated February 2016 (Accepted WQIP). The fulfillment of commitments identified in the Accepted WQIP by the City of Poway, as well as the other Copermittees in the watershed, is an issue of vital concern to the San Diego Water Board and critical to the on-going efforts to achieve the water quality outcomes required by the Order. Although this letter specifically responds to the City of Poway's request for clarity on its options to comply with the Sediment TMDL, all Copermittees in the watershed should understand that the Board expects full compliance with the commitments in the Accepted WQIP including the implementation of a particular compliance pathway and the achievement of demonstrable water quality outcomes as soon as practicable. HENRY ABARBANEL, PH.O., CHAIR I DAVID GIBSON, EXECUTIVE OFFICER 2375 Northside Drive, Suite 100, San Diego, California 92108-2700 I www.waterboards.ca.gov/sandiego 19 of 26 ATTACHMENT F
January 19, 2021, Item #14Mr. Chris Hazeltine City of Poway - 2 -October 12, 2020 Sediment TMDL Development and Final TMDL Compliance Requirements In 2009, the San Diego Water Board initiated development of the Los Periasquitos Lagoon Sediment TMDL. This TMDL was the first third-party stakeholder driven TMDL adopted in the San Diego Region. The City of Poway was a member of the third-party stakeholder group. The stakeholder group assisted Board staff in TMDL development, technical analysis of the watershed, and decision making on the numeric targets. On June 13, 2012, the San Diego Water Board adopted Resolution No. R9-2012-0033, A Resolution Amending the Water Quality Control Plan for the San Diego Basin (9) to Incorporate the Sediment Total Maximum Daily Load for Los Peflasquitos Lagoon, and later amended the Order in 2015 to include the Sediment TMDL requirements. Provision 7 in Attachment E of the Order names the County of San Diego and the cities of San Diego, Del Mar and Poway as Responsible Copermittees for compliance with the Sediment TMDL. Pursuant to provision 7.b, the Order identifies the final Sediment TMDL compliance requirements. The Responsible Copermittees must meet the final Water Quality Based Effluent Limitations (WQBELs) by December 31, 2034. The final WQBELs provide that: (a) Discharges from the Municipal Separate Storm Sewer Systems (MS4s) must not prohibit the sustainable restoration of tidal and non-tidal salt marsh vegetation of at least 346 acres in the Los Periasquitos Lagoon; (b) Discharges from the MS4s containing pollutant loads that do not exceed 2,580 tons of sediment per wet season by December 31, 2034, will not cause or contribute to a failure of the sustainable restoration of 346 acres of tidal and non-tidal salt marsh vegetation; AND (c) The Responsible Copermittees must implement Best Management Practices (BMPs) to achieve the sustainable restoration of tidal and non-tidal salt marsh vegetation of at least 346 acres and/or the Copermittee's portion of the effluent limitation of 2,580 tons of sediment per wet season in Los Periasquitos Lagoon. Provision 7.b.(3) of the Order identifies final compliance with the Sediment TMDL WQBELs, on or after December 31, 2034, may be demonstrated through: (a) Successful restoration of 346 acres of tidal and non-tidal salt marsh in the Los Periasquitos Lagoon, OR (b) Implementation of the Los Periasquitos WQIP pursuant to the requirements in provision 7.b.(3)(b)(i) through provision 7.b.(3)(b)(v) of the Order. It is important to note that the option for implementation of the Los Periasquitos WQIP also requires the successful restoration of 346 acres of tidal and non-tidal salt marsh in the Los Periasquitos Lagoon. 20 of 26
January 19, 2021, Item #14Mr. Chris Hazeltine City of Poway - 3 -October 12, 2020 Provision 7.b.(3)(b) of the Order allows the Responsible Copermittees to develop and implement the Los Penasquitos WQIP if: (i) The Responsible Copermittees incorporate and implement the required BMPs under the final WQBELs and/or other implementation actions to achieve compliance with the successful restoration of 346 acres of tidal and non-tidal salt marsh in the Los Penasquitos Lagoon; (ii) The Responsible Copermittees include an analysis in the WQIP, utilizing a watershed model or other watershed analytical tools, to demonstrate that the implementation of the required BMPs or other implementation actions will achieve compliance with the successful restoration of tidal and non-tidal salt marsh vegetation of at least 346 acres in the Los Penasquitos Lagoon; (iii) The results of the analysis are accepted by the San Diego Water Board as part of the WQIP; (iv) The Responsible Copermittees continue to implement the required BMPs or other implementation actions; AND (v) The Responsible Copermittees continue to perform the specific monitoring and assessments specified in Provision 7 .d to demonstrate compliance with the successful restoration of 346 acres of tidal and non-tidal salt marsh in the Los Penasquitos Lagoon. Restoration of 346 acres of tidal and non-tidal salt marsh in the Los Penasquitos Lagoon is required to meet final Sediment TMDL compliance. Since the Los Penasquitos Lagoon does not currently support 346 acres of tidal and non-tidal salt marsh, the Responsible Copermittees have planned to perform a project in the Los Penasquitos Lagoon to restore at least 84 additional acres of salt marsh vegetation. Restoration of the additional 84 acres of salt marsh is necessary to achieve the final WQBEL outcome of 346 acres required in the Order. The baseline salt marsh quantity is 262 acres, therefore the Responsible Copermittees must restore an additional 84 acres before December 31, 2034. Implementation of jurisdictional BMPs alone will not achieve compliance with the salt marsh restoration WQBEL because there is no analysis performed to date that links an amount of sediment controlled by a municipality to acres of habitat restored in the Los Penasquitos Lagoon. Therefore, the San Diego Water Board cannot assess compliance with the salt marsh restoration WQBEL from a strictly BMP strategy. Work to restore salt marsh habitat in the Los Penasquitos Lagoon is required. Further, removing historically deposited sediments from the Los Penasquitos Lagoon is necessary through the planned Project to meet the final WQBELs. The Project is necessary to restore the Los Penasquitos Lagoon's capacity to assimilate future sediment discharges from the MS4s and sustain restoration of 346 acres of salt marsh. 21 of 26
January 19, 2021, Item #14Mr. Chris Hazeltine City of Poway -4-City of Poway's WQIP Commitments October 12, 2020 The City of Poway describes its numeric water quality goals in Table 4-6 of the Accepted WQIP. The City set a goal to restore 346 acres of salt marsh habitat as part of a collaborative effort among the Responsible Copermittees. Specifically, section H.1.1 in Appendix Hof the Accepted WQIP acknowledges the City's plans to participate in the Los Penasquitos Lagoon restoration as follows: "the final receiving water goal for this Water Quality Improvement Plan is successful restoration of 346 acres of salt marsh habitat, achieved by a collaborative effort among Responsible Agencies and other TMDL responsible parties." The Accepted WQIP confirms that Los Penasquitos Lagoon restoration efforts would be necessary in addition to implementation of jurisdictional strategies. The City of Poway describes more than 35 jurisdictional sediment load reduction strategies in the Accepted WQIP. Table H-3 of the Accepted WQIP identifies the watershed sediment load reduction required for the Los Penasquitos WMA to be 1,673 tons of sediment per wet period. The total sediment load reduction required for the City of Poway is 320 tons of sediment per wet period (i.e., 19.1 percent of the total load reduction required for the WMA). The Accepted WQIP states that the modeled sediment load reduction required in the Los Penasquitos WMA was developed with full participation and approval from all Responsible Copermittees. The San Diego Water Board expects that the City of Poway, along with the other Responsible Copermittees, will continue to follow through with the commitments made in the Accepted WQIP to complete the planned Los Penasquitos Lagoon restoration and achieve sediment load reduction in the watershed. In the 2018-2019 Los Penasquitos WQIP Annual Report (Annual Report), the City of San Diego, on behalf of the Responsible Copermittees, put forth the Los Penasquitos Lagoon Restoration Project (Project). The Project was designed to achieve final compliance with the WQBELs of the Order. In Table 4-5 and Table 4-14 of the Annual Report, the City of Poway reports it is pursuing the Los Penasquitos Lagoon Restoration pathway to meet Sediment TMDL compliance. The Project involves collaborative participation among the Responsible Copermittees and sets a trajectory to achieve 84 acres of added salt marsh habitat by December 31, 2034. The Responsible Copermittees report that phase one of the Project will consist of sediment and freshwater management, as well as pilot salt marsh restoration components. Phase one of the Project will result in approximately 23 acres of salt marsh restoration. Phase one planning and implementation will occur from fiscal year 2019 through 2026, with project design scheduled to be completed in 2023. Adaptive management and monitoring for phase one will occur between 2026 through 2029 with design for phase two beginning in 2027. Phase two of the Project will be contingent on funding availability and will use lessons learned from phase one to inform the restoration design and implementation of phase two. 22 of 26
January 19, 2021, Item #14Mr. Chris Hazeltine City of Poway - 5 -Available Option to Meet Final Sediment TMDL Compliance October 12, 2020 The Responsible Copermittees will be able to demonstrate compliance with the Sediment TMDL through successful restoration of the required 346 acres of tidal and non-tidal salt marsh in the Los Penasquitos Lagoon via completion of the Project. However, if the City of Poway opts out of the Project, successful restoration may also be achieved through implementation of a revised WQIP and the City's individual implementation of the requirements set forth in provision 7.b.(3)(b) in Attachment E of the Order. The City of Poway's individual implementation of provision 7.b.(3)(b) would require a City specific linkage analysis to be included as part of the WQIP analysis required in provision 7 .b.(3)(b )(ii). The specific analysis would need to link the City's sediment load reductions achieved in the jurisdiction to the City's proportion of the 84 acres required to be restored in the Los Penasquitos Lagoon (i.e., proportional responsibility). The City's specific analysis must demonstrate that the City's individual actions will contribute to the overall required Los Penasquitos Lagoon restoration and address the City's proportional responsibility. The City's specific analysis would need to be verified by monitoring in accordance with provision 7 .d in Attachment E of the Order. The monitoring required under provision 7.d, would need to demonstrate the City is not exceeding its proportional responsibility of the total sediment load in the watershed. Restoration Project Financing The draft Cost Share Agreement for phase one of the Los Penasquitos Project identifies the total Project cost of approximately $36 million dollars. The draft Cost Share Agreement shows the City of Poway's allocated cost share would be approximately $7 million dollars (i.e., 19.1 percent of $36 million). The City's allocation is based on the cost sharing formula, which uses the modeled load reductions assigned to each jurisdiction. The San Diego Water Board understands that the City of San Diego has offered financing options to the City of Poway to facilitate Project participation. As the municipality with the largest cost share responsibilities, the City of San Diego has already funded efforts to study and model the Los Penasquitos Lagoon, explored various restoration scenarios, developed the conceptual design, and managed all interaction with stakeholders. Since the Responsible Copermittees are reaching midway into the TMDL compliance schedule, participation in the collaborative Project would increase assurance that the City of Poway receives credit for Los Penasquitos Lagoon restoration by the December 31, 2034, final compliance date. The San Diego Water Board supports the Project and expects that the City of Poway participate, as it has represented it would, and, as appropriate, collaborate with the City of San Diego on a financing plan. The Responsible Copermittees should take advantage of the savings opportunities the Project offers and showcase the benefits of such a collaborative approach. The San Diego Water Board believes coordinated participation efforts between all the Responsible Copermittees will result in the most successful, efficient, and sustainable water quality outcomes. 23 of 26
January 19, 2021, Item #14Mr. Chris Hazeltine City of Poway San Diego Water Board's Expectations October 12, 2020 - 6 -Municipalities regulated under the MS4 Permit have long sought a watershed-based approach that empowers the Copermittees to prioritize specific outcomes in lieu of exhaustive process and activities based permitting. The San Diego Water Board incorporated that approach in the 2013 Regional MS4 Permit. Watershed WQIPs are the backbone of the municipal storm water control program in the San Diego region. WQIPs are single comprehensive watershed plans developed by the Responsible Copermittees that focus on an agreed upon set of priorities and define a coordinated implementation of both non-storm water and storm water runoff management programs to achieve water quality outcomes in the most efficient manner. The Los Penasquitos Lagoon WQIP is a detailed, integrated, inclusive watershed planning document that identified the control of freshwater discharges and siltation/sedimentation into the Los Penasquitos Lagoon as one of the highest priority water quality conditions in the WMA. All the Responsible Copermittees actively engaged in the selection of the priorities and development of both the jurisdictional level strategies and a watershed scale lagoon restoration Project to achieve the water quality outcomes required by the Sediment TDML. The Sediment TMDL was developed using a third-party stakeholder driven approach over ten years ago. The Responsible Copermittees collaborated to develop the WQIP, which sets compliance with the Sediment TMDL as one of the highest water quality priorities in the watershed. To achieve the goals of the MS4 Permit and the outcomes approach, the San Diego Water Board expects all the Responsible Copermittees to actively engage in the WQIP process as jurisdictional strategies are implemented and watershed level projects executed. The long-term viability of a prioritized outcomes-based watershed approach is challenged if meaningful progress is not made in achieving the proposed outcomes in the WQIPs. The Responsible Copermittees represented to the San Diego Water Board that each Copermittee would commit to perform work in accordance with an established set of coordinated water quality priorities to achieve water quality standards and improve the health of the region's receiving waters. As stated in the Accepted WQIP, participation in the Los Penasquitos Lagoon Restoration Project offers benefits of efficient targeting and prioritization of Los Penasquitos Lagoon restoration activities, increased cost-effectiveness of selected BMP strategies in the watershed, and development of partnerships between the Responsible Copermittees and other Sediment TMDL responsible parties. Until the City of Poway indicates otherwise and a revised WQIP is submitted, the San Diego Water Board expects the City of Poway to continue implementing the Accepted WQIP in conjunction with the other Responsible Copermittees. As part of that collaborative effort, the San Diego Water Board encourages the City of Poway to work with the City of San Diego, as appropriate, on financing options to fulfill commitments made in the Accepted WQIP. If the City of Poway chooses to comply with the Sediment TMDL individually, revisions to the WQIP will require significant discussions with San Diego Water Board staff and the other Responsible Copermittees. 24 of 26
January 19, 2021, Item #14Mr. Chris Hazeltine City of Poway - 7 -October 12, 2020 In the subject line of any response include the reference number 794843:MGarcia. For questions pertaining to the subject matter, please contact Mireille Garcia at (619) 521-8041 or Mireille.Garcia@waterboards.ca.gov. Respectfully, David W. Gibson David W. Gibson Executive Officer San Diego Water Board Digitally signed by David W.Gibs,on Date: 2020.10.12 12:44:48 -07'00' cc: Tracy Beach, Senior Civil Engineer, City of Poway Bob Manis, Director of Development Services, City of Poway Melody Rocco, City Engineer 25 of 26
January 19, 2021, Item #14N en
0 -ti
N en
)>
~ ~ )>
("')
:I:
3: m z ~
G')
Copermittee
Del Mar
Poway
City of San Diego
County of San Diego
Caltrans
Total
Copermittee
Del Mar
Poway
City of San Diego
County of San Diego
Caltrans
Total
DRAFT -Copermittee Shared Cost Breakdown for Los Pen Lagoon Restoration -Phase 1
% Cost Breakdown FY 2020 FY 2021 FY 2022 FY 2023 FY 2024
0.03% $ 362.96 $ 874.27 $ 856.20 $ 411.38 $ 2,687.14
19.10% $ 231,087.23 $ 556,621.28 $ 545,114.50 $ 261 ,913.78 $ 1,710,814.76
75.70% $ 915,879.76 $ 2,206,085.38 $ 2,160,479.99 $ 1,038,056.20 $ 6,780,559.01
2.36% $ 28,553.19 $ 68,776.24 $ 67,354.46 $ 32,362.12 $ 211 ,388.63
2.81% $ 33,997.65 $ 81,890.36 $ 80,197.47 $ 38,532.87 $ 251,695.78
100.00% $ 1,209,880.79 $ 2,914,247.54 $ 2,854,002.63 $ 1,371,276.35 $ 8,957,145.32
% Cost Breakdown FY 2025 FY 2026 FY 2027 Total FY20 -FY27
0.03% $ 2,687.14 $ 2,679.56 $ 8.96 $ 5,191.97
19.10% $ 1,710,814.76 $ 1,705,989.06 $ 5,705.93 $ 3,305,551.55
75.70% $ 6,780,559.01 $ 6,761,433.07 $ 22,614.62 $ 13,101,060.34
2.36% $ 211 ,388.63 $ 210,792.37 $ 705.03 $ 408,434.64
2.81% $ 251,695.78 $ 250,985.82 $ 839.46 $ 486,314.13
100.00% $ 8,957, 145.32 $ 8,931,879.88 $ 29,874.00 $ 17,306,552.62