07-07-20 Agenda PacketAGENDA Poway City Council
Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064
July 7, 2020 I 7 p.m.
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Steve Vaus
Mayor
Caylin Frank
Deputy Mayor
Dave Grosch
Council member
Barry Leonard
Councilmember
John Mullin
Council member
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Agenda Materials I This agenda contains a brief summary of each item the Council will consider.
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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:
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.
WAIVER OF ORDINANCE TEXT READING:
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. Approval of the June 2, 2020 Regular City Council Meeting Minutes
2. Resolution to Continue the Existence of a Local Emergency within the City of Poway Due to the
Novel Coronavirus (COVID-19) Global Pandemic
3. Approval of Agreement with Dudek for Environmental and Biological Fieldwork for Stormwater
Maintenance Programs; RFP No. 20-019
4. Acceptance of the Valle Verde Park Playground Renovation Project; Bid No. 20-006 with Tri-Group
Construction and Development, Inc., as Complete
5. Approval of First Amendment to the Agreement with waterTalent LLC, for Water Treatment Plant
On-Call Temporary Staffing Services
6. Approval of Lease Agreement with Sprint PCS Assets, LLC, for cellular communications equipment
on the Buehler Reservoir
7. Ratification of Agreement with American Technologies, Inc. for Cleaning, Disinfecting Service, and
As-Needed Remediation Services
8. Approval of First Amendment to the Agreement with Nova Commercial Co., Inc. for Daily Cleaning
and Custodial Services
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION:
9. Second Reading and Adoption of Ordinance No. 842 entitled "An Ordinance of the City of Poway,
California, Approving The Farm in Poway Specific Plan (SPP) 18-001; Assessor's Parcel Numbers
273-110-07-00, 273-110-08-00 and 273-110-18-00"
City Manager's Recommendation: It is recommended that the City Council adopt Ordinance
No. 842.
10. Second Reading and Adoption of Ordinance No. 843 entitled "An Ordinance of the City of Poway,
California, Amending the City's Zoning and General Plan Land Use Map, Changing the Zoning and
General Plan Land Use Designations from Open Space-Recreation (OS-R) to The Farm in Poway
Planned Community (PC-9) with Related Amendments to the Poway Municipal Code for The Farm
in Poway Specific Plan (SPP) 18-001 (Zone Change 19-001 and Zoning Ordinance Amendment 20-
001 ); Assessor's Parcel Numbers 273-110-07-00, 273-110-08-00 and 273-110-18-00."
City Manager's Recommendation: It is recommended that the City Council adopt Ordinance
No. 843.
PUBLIC HEARINGS: None.
STAFF REPORTS:
11. Pre-Development Conference 20-001, A Request to Amend the Old Coach Golf Estates Specific
Plan to Allow a Resort Hotel with Up to 140 Rooms at The Maderas Golf Club
City Manager's Recommendation: It is recommended that the City Council provide input and
direction regarding the request.
WORKSHOPS: None.
COUNCI L-INITIATED ITEMS: None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G .C. 53232(d))
CITY MANAGER ITEMS: None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
AD!OURNMENT
State of California
County of San Diego
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AFFIDAVIT OF POSTING
/, Faviola Medina, CMC, City Clerk 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 June 30, 2020 at
5:30 p.m. Said meeting to be held at 7:00 p.m.,July 7, 2020, 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.
AGENDA REPORT CityofPoway DATE: TO: FROM: July 7, 2020 Honorable Mayor and Members of the City Council Faviola Medina, City Clerk (858) 668-4535 or fmedina@poway.org CITY COUNCIL SUBJECT: Approval of the June 2, 2020 Regular City Council Meeting Minutes Summary: The City Council Meeting Minutes submitted hereto for approval are: • June 2, 2020 Regular City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency. Recommended Action: It is recommended that the City Council approve the June 2, 2020 Regular City Council Meeting Minutes. Public Notification: None. Attachments: A. June 2, 2020 Regular City Council Meeting Minutes Reviewed/ Approved By: Assistant City Manager 1 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager July 7, 2020, Item #1
NOTE: 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 June 2, 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 John Mullin, Barry Leonard, Dave Grosch, Caylin Frank, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher (via teleconference); City Clerk Faviola Medina; Development Services Director Bob Manis; Finance Director Aaron Beanan; Public Works Director Eric Heidemann; Human Resources/Risk Management Director Jodene Dunphy; Fire Chief Jon Canavan (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 Deputy Mayor Frank led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence particularly for the family and friends of George Floyd. PUBLIC COMMENT Kathleen Lippitt, via email, thanked the Mayor for singing "God Bless America" that was recently featured on KUSI News (on file in the Office of the City Clerk). Pete Babich, via teleconference, requested that Council reconsider canceling the Fourth of July fireworks display due to the Coronavirus pandemic. 2 of 5 ATTACHMENT A July 7, 2020, Item #1
City of Poway -Minutes -June 2, 2020 CONSENT CALENDAR Motioned by Councilmember Mullin, 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, Frank, Vaus None None None None 1. Approval of the April 21, 2020 Regular City Council Meeting Minutes 2. Approval of the May 5, 2020 Regular City Council Meeting Minutes 3. Review of City's Local Conflict of Interest Code 4. Adoption of Resolution No. 20-033 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" Kathleen Lippitt, via email, sent in correspondence regarding lung health and CO VID-19 ( on file in the Office of the City Clerk). ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION None. PUBLIC HEARINGS 5. Resolution for Solid Waste/Recycling Collection Service Rate Increases Mayor opened the public hearing at 7:05 p.m. Senior Management Analyst Izzy Murguia presented the report along with a slideshow presentation. Mr. Murguia explained that the City has an exclusive franchise agreement which allows yearly rate adjustments. EDCO notified the City of an increase in the Consumer Price Index and requested a rate increase effective July 1, 2020 for fiscal year 2020-2021 He explained that the proposed rate adjustment to residential and commercial rates is 1.93 percent which is applied to the service and franchise fee component of the rate, a 2.59 percent increase to the disposal fee, and a new organics recycling fee of $3.68 per month for residential customers. Commercial organic collection services fee will vary upon size of the carts and frequency of service. Mr. Murguia added that the organics recycling rate is in response to state mandated organic recycling laws. He further explained that the rate for organic recycling will not go into effect until EDCO's anaerobic digester is operational which is estimated to be complete in early 2021. Mr. Murguia concluded that EDCO will begin delivering the organic/green waste carts in September and, thereafter, residents can use their 3 of 5 July 7, 2020, Item #1
City of Poway -Minutes -June 2, 2020 carts for yard waste only until the transition to a fully automated commingled organic/green waste collection program is in effect as early as January 2021. He added that the City in conjunction with EDCO will be conducting public outreach regarding the new green waste bins and organic recycling process and timelines. Roberta McCoy, via teleconference, inquired about other trash and recycling service providers and their rates and commented on EDCO's rates for on-call pickup services. Pete Babich, via teleconference, spoke in support of the proposed rates and inquired about plastics and how it is recycled. Mayor closed the public hearing at 7:23 p.m. City Clerk Faviola Medina reported that a total of 23 written protests were received which does not constitute a majority protest to oppose the solid waste and recycling collection service rate increases. Council discussion ensued in support of staff's recommendation approving an increase in rates for EDCO's trash and recycling services. In response to Council inquiry, Mr. Murguia confirmed that the franchise agreement including the methodology and calculations for rates are common practice among other agencies, and that the City has an exclusive evergreen contract which renews each year for five years. In addition, Mr. Murguia explained that, if desired, EDCO will provide an estimated bin full of compost for residents to come get during the City's annual shred event for potential gardening. In response to Council inquiry, EDCO General Manager North County Elmer Heap explained that EDCO's recycling process is to find a market to divert plastics from landfill. Additionally, he confirmed that customers would not be charged until EDCO's anaerobic digestion facility, currently under construction, is completed and operational, which is estimated for January 2021. He further confirmed that Poway residents will be provided with up to three organic/green waste carts for $3.68 a month and, if needed, residents may obtain additional carts for a fee. Motioned by Councilmember Mullin, seconded by Councilmember Grosch to adopt Resolution No. 20-034 entitled "A Resolution of the City Council of the City of Poway, California, approving an adjustment to the EDCO Waste and Recycling Services Rate Schedule and rescinding Resolution No. 19-026." Motion carried unanimously. STAFF REPORTS None. WORKSHOPS None. COUNCIL-INITIATED ITEMS None. 4 of 5 July 7, 2020, Item #1
City of Poway -Minutes -June 2, 2020 CITY MANAGER ITEMS: Ratification of the Existence of a Local Emergency City Manager Chris Hazeltine presented the report regarding the need to confirm the existence of an emergency based on widespread arson, looting, assaults, vandalism and rioting stemming from public demonstrations in the County and recommendations received from law enforcement agencies concerning the imminent threat of similar criminal activities in the City. Acting in his capacity as Director of Emergency Services, Mr. Hazeltine explained that, in concert with other neighboring cities, the City imposed a curfew from 8:00 p.m. to 5:30 a.m. on May 31-June 1, 2020 and June 1-2, 2020. Council expressed appreciation and support for staff's preparedness and response to the public demonstrations occurring over the weekend. Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No. 20-035 entitled "A Resolution of the City Council of the City of Poway, California, finding and declaring the existence of an emergency within the City." Motion carried unanimously. 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. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION: 6. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Government Code § 54956.9(d)) One (1) Case City Attorney Alan Fenstermacher announced that a report out of any action taken during Closed Session, if any, would be done at the next Regular City Council meeting. Mr. Fenstermacher announced that there was no reportable action taken at the Closed Session held May 19, 2020. At his request, Mayor Vaus adjourned the meeting into Closed Session at 8:02 p.m. City Council came out of Closed Session at 8:32 p.m. ADJOURNMENT The meeting adjourned at 8:32 p.m. 5 of 5 Faviola Medina, CMC City Clerk City of Poway, California July 7, 2020, Item #1
July 7, 2020, Item #2DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway July 7, 2020 Honorable Mayor and Members of the City Council Jon M. Canavan, Fire Chief (3 Jon M. Canavan, Fire Chief (858) 668-4461 or jcanavan@poway.org CITY COUNCIL 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 COVID-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 and June 16, 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
July 7, 2020, Item #2Environmental Review: This action is not subject to CEQA review. Fiscal Impact: City costs to respond to COVID-19 are estimated at $308,273 as of June 19, 2020. 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 $20,961,853 as of June 30, 2019. Within that 45 percent, $13,974,863 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, City Council approved $2,000,000 on April 16, 2020 to fund the Poway Emergency Assistance Recovery Loan (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 funding of $2,000,000 represents approximately 14 percent of the Extreme Events/Public Safety reserve discussed above and provides loans of up to $50,000 to eligible business. As of May 19, 2020, staff has received 77 applications requesting $2,727,165 in loans. Based on staff's review, 35 loans totaling $1,385,326 million have been approved. Staff has requested additional information from 19 applicants in order to determine their eligibility for the program. Thirteen loan requests were denied, and six other businesses approved for loans declined funds after receiving the Paycheck Protection Program (PPP) loan from the U.S. Small Business administration. Four applicants chose to withdraw their applications and one loan has been repaid. 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: Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
ATTACHMENT AJuly 7, 2020, Item #2RESOLUTION NO. 20-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, shall review the need for a continuing emergency declaration at regularly scheduled meetings at least every 21 days until the emergency is terminated; 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 and June 16, 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. 3 of 5
July 7, 2020, Item #2Resolution No. 20-Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby finds and declares: 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 7th day of July, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 4 of 5
PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, section 2.12.060 of the Poway Municipal Code empowers the Director of Emergency SeNices 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 SeNices 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
SeNices 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 SeNices 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 forconsideration and action.
PASSED AND ADOPTED by the Director of Emergency SeNices for the City of Poway this 13th day of March 2020.
Chr�
Director of Emergency SeNices
5 of 5 ATTACHMENT B July 7, 2020, Item #2
July 7, 2020, Item #3DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway CITY COUNCIL July 7, 2020 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works ~,t{' Will Wiley, Assistant Director of Public Works for Maintenance Operation~ (858) 668-4705 or wwiley@poway.org Approval of Agreement with Dudek for Environmental and Biological Fieldwork for Stormwater Maintenance Programs; RFP No. 20-019 A notice inviting proposals for Environmental and Biological Fieldwork for Stormwater Maintenance Programs was advertised on April 16 and April 30, 2020. Seven proposals were received on May 21, 2020. Staff determined Dudek as the best firm to meet the needs of the City based on established criteria. The first term of the Agreement is one year and eleven months beginning August 1, 2020, through June 30, 2022. The Agreement may be extended through a total of three separate one-year extensions subject to City Council appropriation of funds. The maximum length of the Agreement would be up to five years. Recommended Action: It is recommended that the City Council award the Agreement for Environmental and Biological Fieldwork for Stormwater Maintenance Program, RFP No. 20-019, to Dudek, and authorize the City Manager to execute all necessary documents. Discussion: Biological fieldwork services are part of the City's on-going, permitted, concrete and earthen channel maintenance program. Annual concrete channel cleaning covers 45 City-owned sections of concrete channels (approximately 7.1 miles) and earthen channel maintenance includes 26 sections of City-owned drainage channels (a total of approximately 25 acres). The annual maintenance of these channels is intended to assure flood conveyance during peak winter storm flows by removing invasive exotic species, sediment, debris and trash within these drainage systems in advance of the rainy season. Biological fieldwork services are necessary prior to work being performed within these drainage systems in order to comply with regulatory permit requirements. Accordingly, a Request for Proposal (RFP) for environmental and biological fieldwork in support of stormwater maintenance program activities was advertised on April 16 and April 30, 2020. The City 1 of 23
July 7, 2020, Item #3received seven proposals on May 21, 2020, in response to the RFP. An evaluation committee reviewed the proposals based on criteria set forth in the RFP, which included qualifications of the firm, overall understanding of the City's program, project experience and cost. Below is a list of responsive proposers. Firm City I Annual Cost Dudek Encinitas, CA $11,435.00 ECORP Consulting, Inc. San Diego, CA $9,830.00 Blackhawk Environmental San Diego, CA $38,440.00 KMEA National City, CA $12,387.00 Chambers Group San Diego, CA $19,455.00 HELIX Environmental Planning La Mesa, CA $201,155.00 Wildscape Restoration Ventura, CA $26,420.86 The evaluation committee determined that Dudek best met the City's criteria and needs, and as a result, Dudek ranked the highest out of 100 possible points among the seven firms. Costs were a factor in the evaluation process, but not the sole determining factor in the selection of a firm. In support of the City's channel maintenance program, Dudek will review regulatory agency permits, conduct environmental surveys (e.g., bird surveys), mitigation activities, submit post activity report and findings. In addition to their channel maintenance support, Dudek specializes in resource analysis, survey and reporting, permitting, construction support and general coordination services with experience in biological resources and wetlands/water quality, which can also assist in the City's urban forestry management program. The Agreement's amount will include the annual channel maintenance program costs of $11,435 per year for five years ($57,200) and $17,800, for as-needed environmental services in support of the City's open space maintenance programs and as-needed environmental work required for the pending Hazard Mitigation Grant Program, for a total not-to-exceed amount of $75,000. The initial Agreement is one year and eleven months beginning August 1, 2020, through June 30, 2022, with options to extend the Agreement for three separate one-year extensions subject to Council appropriation of funds. The maximum length of the Agreement would be up to five years. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Funds are available in the Stormwater and Flood Control Division's Fiscal Year 2020-21 Budget (412040-41200) for as-needed Environmental and Biological Fieldwork services. Amounts for subsequent fiscal years will be included in the annual budget process for Council's consideration. Public Notification: None. 2 of 23
July 7, 2020, Item #3Attachments: A. Agreement with Dudek Reviewed/Approved By: Assistant City Manager 3 of 23 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
City of Poway STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this day of August, 2020, by and between the CITY
OF POWAY (hereinafter referred to as "City") and Dudek (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform
Environmental and Biological Fieldwork for Storm Water Maintenance Programs for the City (Project); and
WHEREAS, Consultant is a(n) environmental and engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of
Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN
CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:
1.Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "SpecialProvisions" attached hereto and made a part hereof.
2.Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled
"Special Provisions" attached hereto and made a part hereof.
3.Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "SpecialProvisions" attached hereto and made a part hereof.
4.Termination.
This Agreement may be terminated with or without cause by City. Termination
without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement.
This Agreement may be terminated by City for cause in the event of a material breach of this
Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such
termination shall be effective upon delivery of said notice.
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1
ATTACHMENT A July 7, 2020, Item #3
July 7, 2020, Item #35. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 5 of 23 2
July 7, 2020, Item #3"Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2.. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: [8J 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. 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) 6 of 23 3
July 7, 2020, Item #3years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 7 of 23 4
July 7, 2020, Item #3(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 1 S(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 8 of 23 5
July 7, 2020, Item #3Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 9 of 23 6
July 7, 2020, Item #3Contractor 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) 10 of 23 7
July 7, 2020, Item #3IN 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: Faviola Medina, City Clerk APPROVED AS TO FORM: By: ____________ _ Alan Fenstermacher, City Attorney 11 of 23 CONSULTANT By: ___________ _ Name, Title Date: ___________ _ 8
July 7, 2020, Item #3A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the environmental services further described in the Scope of Services submitted with the proposals dated May 21,2020 , which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated May 21, 2020, which are included in this document as Attachment 2. Total fee is not to exceed $75,000. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing August 1, 2020, and ending June 30, 2022, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three 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 shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 12 of 23 1
July 7, 2020, Item #3(b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 13 of 23 2 City of Poway P.O. Box 789 Poway, CA 9207 4 Complete Name and Address
July 7, 2020, Item #3EXHIBIT "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) 14 of 23 (!)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 1
July 7, 2020, Item #3Cal 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: 15 of 23 (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. 2
July 7, 2020, Item #3Cal 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 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 (f)(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 (f)( 4 ); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 16 of 23 3
July 7, 2020, Item #3ATTACHMENT 1 EXHIBIT 1 SCOPE OF SERVICES Consultant agrees to perform consulting services as required by City. Consultant shall provide the necessary qualified personnel to perform the services described below. 1. Overview: The City's Project encompasses 45 sections of concrete channels (approximately 7.1 miles) and 26 identified earthen work sites (approximately 25 acres in total) all within urban creeks and earthen flood control channels in the City of Poway, San Diego County, California. The City's Project activity entails removal of sediment, vegetation, trash and debris from concrete channels and clearing vegetation to improve flood control capacity and eradicating invasive plant species. The action is authorized through permits with the U.S. Army Corps of Engineers, California Department of Fish and Game, U.S. Fish and Wildlife Service, and the State Regional Water Quality Control Board. The Project is an ongoing maintenance activity that helps reduce the risk of flooding, promotes water quality, and enhance environmental systems in sensitive areas. 2. Consultant will not provide Project management services. Consultant will provide general consulting services in support of the aforementioned Project activities. City is responsible for all mapping, GIS work, permitting, coordination, and reporting to regulatory agencies. 3. Task 1: Permit Review: In order to confirm that City Project activities abide by permits and authorizations, Consultant will review City's permits with the U.S. Army Corps of Engineers, California Department of Fish and Game, U.S. Fish and Wildlife Service, State Regional Water Quality Control Board, and City of Poway Habitat Conservation Plan to become familiar with requirements in regard to Project. 4. Task 2: Recon Survey and Monitoring: Consultant will attend meetings that may be requested or deemed necessary by City to meet the Project goals. Consultant will conduct field surveys at either 45 concrete channels or 26 earthen localities within the City of Poway to assess nesting bird activities, the limits of work, any mitigation responsibilities, and identify exotic plant species for eradication. All annual work shall be on an as-needed basis determined by work needing to be performed and funding. 17 of 23 A. Concrete Channels -To protect nesting birds, no project activities shall occur during nesting season unless nesting bird surveys are completed by a qualified biologist, and no nesting birds are present within 200' radius (500' for threatened and endangered species, and all raptors, including diurnal and nocturnal species). Bird surveys shall be performed as needed. B. Earthen Channels -Native vegetation shall be adequately identified by the biologist and communicated to the field Supervisor to prevent its disturbance during the City's enhancement activities. Consultant will identify willow and other large native trees (trunk diameter 3" dbh [diameter-breast-height]) that would require mitigation if impacted. During the survey, the Consultant's biologist will identify the approximate square footage and 12
July 7, 2020, Item #3ATTACHMENT 1 EXHIBIT 1 location of non-native vegetation and invasive exotic weed species to be eradicated. Consultant biologist will communicate with field Supervisor regarding sensitive native species likely to occur within the Project limits and direct the routes around sensitive habitat areas, including habitat for the coastal California gnatcatcher (Po/ioptila ca/ifornica) and San Diego thorn-mint (Acanthomintha ilicifolia). The biological consultant should be familiar with sensitive native species commonly found in riparian areas. The City's annual Projects are on-going, and the work sites have been previously maintained. Consultant will not flag all individual nesting sites, trees and plants, but will communicate with field Supervisor to avoid impacts to sensitive native species. City has already established the entry points for heavy equipment into the mowing areas. City will map and document the location and quantity of exotics it removes during Project. The survey is anticipated to take place over multiple days. Consultant will be responsible for presenting data in a timely fashion to City to use in conducting its scheduled channel mowing/flood control activities. The initial pre-maintenance survey work will be documented by Consultant in short memos or e-mails to City. 5. Task 3: Survey Memos and Monitoring Report: As the Consultant completes each section or group of sections, a brief memo or e-mail shall be provided to City reporting the findings. Generally, the memos will include a description of the resources at each site, the locations of areas with nesting activity, needing mitigation and areas where non-native species removal is being proposed. 18 of 23 A. Concrete Channel Cleaning -The biological consultant will perform bird nesting surveys as needed and provide a brief memo or e-mail reporting the findings. If a nesting site is identified the consultant will advise and make recommendations. In addition, post work annual reports will be required to be performed. B. Earthen Channels -The biological consultant will be responsible for review of final maintenance impact data provided by the City of Poway in both map and table format for impacts to native tree species larger than the 3" dbh threshold and the noxious weeds within the project area. In addition, letter memos describing work activities in progress, general conditions, and any required mitigation measures will be furnished as needed to City. The final maintenance memo will include a description of the resources at each mowing site, the mitigation needs (if any) at each location, any impacts outside the limits of work, and areas (with acreage summary) where non-native species removal was completed. City will map and document the location and quantity of invasives removed. C. Reports -City prepares annual report to regulatory agencies as required by permits. For example, the Army Corps requires a post-activity report detailing project compliance with RGP 41 and confirming that any mowing did not constitute a discharge of fill. The California Dept. of Fish and Game 13
July 7, 2020, Item #3ATTACHMENT 1 EXHIBIT 1 requires an annual report detailing maintenance conducted. Consultant will prepare the biological/environmental monitoring section of the report to be drafted and finalized by Consultant with the direct input, collaboration, and approval of the City of Poway, Public Works Department. Consultant will meet City's timeframe for delivery of report section. 6. Task 4: Client Coordination: A. Pre-maintenance Nesting Bird Clearance Surveys -The biological consultant will be responsible for conducting pre-maintenance nesting bird surveys, as requested, prior to any work being conducted during the migratory bird nesting season. After surveys are completed, a letter report will be filed with the City describing any work limitations that would be required to avoid damage to nesting bird species found within areas proposed for maintenance activities. 7. Task 5: As-Needed Services: As-needed services include but are not limited to: assisting with regulatory work with Army Corps of Engineers, Regional Water Quality Control Board, California Department of Fish and Wildlife, including Nation Wide Permits (NWP) and Regional General Permits (RGP) and Poway's Habitat Conservation Plan (HCP) as it relates to storm water system maintenance, natural channels, and open space maintenance; work in the Wildland Urban Interface (WUI), and urban forestry lands within the boundaries of Poway. These services include but are not limited to preparing environmental documents according to the procedures established by applicable local, state, and federal agencies (i.e., CEQA, NEPA, etc.). Services include participation in public scoping meetings, resource agency meetings, securing encroachment permits, synthesizing technical environmental and engineering studies, vegetation mapping, technical writing, alternatives analysis, developing summary reports, developing and monitoring mitigation plans and costs, developing defensible findings, preparing documents in compliance with applicable regulatory agency standards, and securing construction and maintenance permits. Services include developing recommendations for project conformance with local, state, and federal standards, avoidance and minimization of impacts, and mitigation measures. Detailed knowledge of local, state, and federal regulatory policies and document formats as required. [Remainder of Page Left Blank Intentionally] 19 of 23 14
July 7, 2020, Item #3ATTACHMENT 2 EXHIBIT 1
~ FEE PROPOSAL 0 ~
~ ANNUAL COST BREAKDOWN BY TASK FOR CONCRETE CHANNEL CLEANING PROGRAM (45 SECTIONS OF CHANNEL)
Estimated hours per task and labor category. Consultant will invoice the City for actual hours expended per task, not to
exceed the contract amount. Table shall assume all 45 sections of concrete channels.
Labor Category Task 1: Permit Task 2: Recon Task 3: Monitoring Task 4: Client Total Hours Total Cost Review Survey Memos Coordination 1
4 $980 l 1 l 1 (nine hundred eighty Project Manager
dollars)
$720 Asst. Project Manaqer 1 l 1 1 4 (seven hundred
twentv dollars)
NA NA NA Principal Biologist NA NA NA
NA NA NA NA NA NA Restoration Ecologist
$3,600
Field Biologist NA 18 18 NA 36 (three thousand six
hundred dollars)
$130
NA 1 NA 1 (one hundred thirty GIS Specialist NA
dollars)
Other: NA NA NA NA NA NA
NA NA NA NA NA NA Other:
NA NA NA NA NA NA Other:
S425 $2,225 $2,355 $425 S5.430 (four hundred twenty five (two thousand two hundred (two thousand three hundred fifty (four hundred twenty five NA (five thousand four Total Labor dollars) twenty five dollars) five dollars) dollars) hundred thirty dollars)
NA $150 $150 NA NA NA Other Direct Costs (one hundred fifiy dollars) (one hundred fifty dollars)
$425 $2,:175 $2,455 $425 $5,730 (four hundred twenty 11ve (two thousand three hundred (two thousand four hundred fifly (four hundred twenty five NJ\ (five thousand seven TOTAL CONTRACT dollars) seventy five dollars) five dollars) dollars) hundred thirty dollars)
1 Typically, nesting bird surveys arc not required. This work will be performed using the field biologist rate on a Time and Materials basis. Hours for this task assume some level of general coordination during the year for other aspects of the project.
20
July 7, 2020, Item #3ATTACHMENT 2 EXHIBIT 1
~ ANNUAL COST BREAKDOWN BY TASK FOR EARTHEN CHANNEL MOWING PROGRAM (26 SECTIONS OF CHANNEL) a Estimated hours per task and labor category. Consultant will invoice the City for actual hours expended per task, not to C1 exceed the contract amount. Table shall assume all 26 sections of earthen channel.
Labor Category Task 1: Permit Task 2: Recon Task 3: Monitoring Task 4: Client Total Hours Total Cost Review Survey Memos Coordination 1
3 $735 NA 1 I I (seven hundred Project Manager
thirtv five dollars)
$540 NA 1 l I 3 (five hundred forty Asst. Project Manager dollars)
Principal Biologist NA NA NA NA NA NA
Restoration Ecologist NA NA NA NA NA NA
$4,000 NA 20 20 NA 40 (four thousand Field Biologist dollars)
$130 NA NA l NA l (one hundred thirty -GIS Specialist
dollars)
NA NA NA NA NA NA Other:
NJ\ NA NA NA NA NA Other:
NA NA NA NA NA Other: NA
$2,425 $2,555 $425 $5,405 NA (two thousand four hundred (two thousand five hundred (four hundred twenty five (five thousand four Total Labor twenty five dollars) fifty five dollars) dollars) hundred five dollars)
$150 S150 NA NA NA Other Direct Costs NA (one hundred fifty dollars) (one hundred fifty dollars)
$2,575 $2,705 $425 $5,705
NA (two thousand five hundred (two thousand seven hundred five (four hundred twenty five NA (five thousand seven TOT AL CONTRACT seventy five dollars) dollars) dollars) hundred five dollars)
1 Typically, nesting bird surveys arc not required. This work will be performed using the field biologist rate on a Time and Materials basis. Hours for this task assume some level of general coordination during the year for other aspects of the project.
21
July 7, 2020, Item #3ATTACHMENT 2 EXHIBIT 1 Hourly Service Rate Labor Category Hourly Rate (Examples of position titles. Actual positions and titles may be different and must be filled in by the proposer) Project Manager/Principal Biologist $245 (two hundred fortv five dollars) Assistant Project Manager/Wetland Specialist t1AO I one hundred eh1htv dollars) Restoration Ecologist $145 Inn,. hunrlrerl fortv fivr dollars\ Restoration Biologist $200 r .... -1 ... ~A~M-1 A-n~.,\ Field Biologist $90 (ninety dollars) Field Biologist $120 (one hundred twenty dollars) Field Biolgist $80 (eighty dollars) Field Biologist $80 (eighty dollars) GIS Specialist $130 (one hundred thirty dollars) CEQA/NEPA $245 (two hundred forty five dollars) UAS $100 (one hundred thirty dollars) UAS $90 (ninety dollars) Stormwater $250 (lwo hundred fifty dollars) Urban Forestry $180 (one hundred eighty dollars) Habitat Conservation Planning $245 (two hundred forty five dollars) Open Space Management $160 (one hundred sixty dollars) Compliance $170 (one hundred seventy dollars) 22 of 23 22
July 7, 2020, Item #32020 STANDARD SCHEDULE OF CHARGES ATTACHMENT 2 EXHIBIT 1 ENGINEERING SERVICES Project Director ........................................................................... $290. 00/hr Principal Engineer Ill ................................................................... $270.00/hr Principal Engineer II .................................................................... $260.00/hr Principal Engineer 1 ..................................................................... $250.00/hr Program Manager ....................................................................... $230.00/hr Senior Project Manager .............................................................. $230.00/hr Project Manager ......................................................................... $225.00/hr Senior Engineer 111 ...................................................................... $220.00/hr Senior Engineer II ...................................................................... $210. 00/hr Senior Engineer l ....................................................................... $200.00/hr Project Engineer IV/Technician IV ............................................... $190.00/hr Project Engineer Ill/Technician 111 ................................................ $180.00/hr Project Engineer II/Technician 11 .................................................. $165.00/hr Project Engineer I/Technician 1. ................................................... $150.00/hr Senior Designer .......................................................................... $170.00/hr Designer ..................................................................................... $160.00/hr Assistant Designer ...................................................................... $155.00/hr CADD Operator Ill ...................................................................... $150.00/hr CADD Operator II ....................................................................... $140.00/hr CADD Operator I ........................................................................ $125.00/hr GADD Drafter ............................................................................. $115.00/hr CADD Technician ....................................................................... $110. 00/hr Project Coordinator ..................................................................... $120.00/hr Engineering Assistant ................................................................. $115.00/hr ENVIRONMENTAL SERVICES Project Director ........................................................................... $245.00/hr Senior Specialist IV ..................................................................... $230.00/hr Senior Specialist 111 ..................................................................... $220.00/hr Senior Specialist II ...................................................................... $200.00/hr Senior Specialist I ....................................................................... $190.00/hr Specialist V ................................................................................. $180.00/hr Specialist IV ................................................................................ $170.00/hr Specialist Ill ................................................................................ $160.00/hr Specialist 11 ................................................................................. $145.00/hr Specialist I .................................................................................. $130.00/hr Analyst V .................................................................................... $120.00/hr Analyst IV ................................................................................... $110.00/hr Analyst 111 .................................................................................... $100.00/hr Analyst 11. ...................................................................................... $90.00/hr Analyst 1. ....................................................................................... $80.00/hr Technician IV ................................................................................ $90.00/hr Technician Ill ................................................................................ $80.00/hr Technician II ................................................................................. $70.00/hr Technician 1 .................................................................................. $60.00/hr Compliance Monitor ...................................................................... $95.00/hr DATA MANAGEMENT SERVICES GIS Programmer I ....................................................................... $185.00/hr GIS Specialist IV ......................................................................... $160.00/hr GIS Specialist 111 .••.••••.••.•.•..•........•..••.•••................•••.......•.•.•...•... $150.00/hr GIS Specialist 11 .......................................................................... $140.00/hr GIS Specialist 1 ........................................................................... $130.00/hr Data Analyst 111 ........................................................................... $100.00/hr Data Analyst II .............................................................................. $90.00/hr Data Analyst I ............................................................................... $80.00/hr UAS Pilot .................................................................................... $100.00/hr CONSTRUCTION MAN.A.GEMENT SERVICES Principal/Manager ....................................................................... $195. 00/hr Senior Construction Manager ..................................................... $180.00/hr Senior Project Manager .............................................................. $165.00/hr Construction Manager ................................................................. $155.00/hr Project Manager ......................................................................... $145.00/hr Resident Engineer ..................................................................... $145.00/hr Construction Engineer. ................................................................ $140. 00/hr On-site Owner's Representative .................................................. $140.00/hr Construction Inspector 111 ............................................................ $130.00/hr Construction Inspector II ............................................................. $120.00/hr Construction Inspector I .............................................................. $110.00/hr Prevailing Wage Inspector .......................................................... $135.00/hr DU HYDR0GE0LOGICAL SERVICES Project Director ............................................................................ $285.00/hr Principal Hydrogeologist/Engineer II ............................................ $265.00/hr Principal Hydrogeologist/Engineer I ............................................. $250.00/hr Sr. Hydrogeologist IV/Engineer IV. .............................................. $235.00/hr Sr. Hydrogeologist Ill/Engineer Ill ................................................ $220.00/hr Sr. Hydrogeologist II/Engineer II .................................................. $205.00/hr Sr. Hydrogeologist I/Engineer I .................................................... $190.00/hr Hydrogeologist VI/Engineer VI .................................................... $175.00/hr Hydrogeologist V/Engineer V ....................................................... $165.00/hr Hydrogeologist IV/Engineer IV ..................................................... $155.00/hr Hydrogeologist Ill/Engineer Ill ...................................................... $145.00/hr Hydrogeologist II/Engineer II ........................................................ $135.00/hr Hydrogeologist I/Engineer I .......................................................... $125.00/hr Technician ................................................................................... $1 00. 00/hr DISTRICT MANAGEMENT & OPERATIONS District General Manager ............................................................. $195.00/hr District Engineer .......................................................................... $185.00/hr Operations Manager ................................................................... $160.00/hr District Secretary/Accountant ...................................................... $120.00/hr Collections System Manager ....................................................... $135.00/hr Grade V Operator ........................................................................ $125.00/hr Grade IV Operator ....................................................................... $110.00/hr Grade Ill Operator ....................................................................... $100.00/hr Grade II Operator ......................................................................... $75.00/hr Grade I Operator .......................................................................... $70.00/hr Operator in Training ...................................................................... $65.00/hr Collection Maintenance Worker II ................................................. $75.00/hr Collection Maintenance Worker I .................................................. $65.00/hr CREATIVE SERVICES 3D Graphic Artist ......................................................................... $180.00/hr Graphic Designer IV .................................................................... $160.00/hr Graphic Designer Ill ..................................................................... $145.00/hr Graphic Designer II ...................................................................... $130.00/hr Graphic Designer I ....................................................................... $115.00/hr PUBLICATIONS SERVICES Technical Editor Ill ....................................................................... $145.00/hr Technical Editor II ........................................................................ $130.00/hr Technical Editor I ......................................................................... $115.00/hr Publications Specialist 111 ............................................•......•.......... $105.00/hr Publications Specialist II. ............................................................... $95.00/hr Publications Specialist I ................................................................ $85.00/hr Clerical Administration .................................................................. $90.00/hr Forensic Engineering -Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays -Minimum charge of two hours will be billed at 1. 75 times the normal rate. Material and Outside Services -Subcontractors. rental of special equipment, special reproductions and blueprinting, outside data processing and computer services. etc .. are charged al 1.15 times the direct cost. Travel Expenses -Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost Invoices, Late Charges -All fees will be billed lo Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal lo 1% per month of the outstanding balance until paid in full. Annual Increases -Unless identified otherwise. these standard rates will increase 3% annually. The rates listed above assume prevailing wage rates does not apply. If this assumption is incorrect Dudek reserves the right to adjust its rates accordingly. Effective January 1, 2019
July 7, 2020, Item #4AGENDA RE PO RT City of Poway DATE: TO: FROM: CONTACT: July 7, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services~ Andrea Thomas, Associate Civil Engineer (858) 668-4605 or athomas@poway.org CITY COUNCIL SUBJECT: Acceptance of the Valle Verde Park Playground Renovation Project; Bid No. 20-006 with Tri-Group Construction and Development, Inc., as Complete Summary: On November 5, 2019, the City Council awarded the contract for the Valle Verde Park Playground Renovation Project; Bid No. 20-006, to Tri-Group Construction and Development, Inc. in the amount of $258,000.00. This action will accept the project as complete. Recommended Action: It is recommended that the City Council: (1) Accept the Valle Verde Park Playground Renovation 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 $13,266.03, if unencumbered, 45 days after City Council acceptance; (4) Release the North American Specialty Insurance Company Bond for Material and Labor in the amount of $258,000.00 after the release of retention; and (5) Retain the North American Specialty Insurance Company Bond for Faithful Performance for a period of one year. Discussion: The Valle Verde Park Playground Renovation Project consisted of constructing a new playground with a new play surface. The new play equipment replaced the existing equipment that was original to the park, and the surrounding mulched play area was replaced with play mat tiles. There was one change order for this project which increased the contract amount by $7,320.66, for the purpose of reconstructing concrete curbing and sidewalk to meet the new play surface. The final contract amount is $265,320.66. 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
July 7, 2020, Item #4Fiscal Impact: Sufficient funds are available in the Valle Verde Park Playground Renovation Project account (PRK0004) for the release of retention. After the retention payment of $13,266.03, there will be an available balance of $14,482.72. Funds remaining in the project at year end will be returned to the General Fund. Public Notification: None. Attachments: None. Reviewed/ Approved By: Assistant City Manager 2 of2 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
July 7, 2020, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway July 7, 2020 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works 2 t CITY COUNCIL Troy DePriest, Assistant Director of Public Works for Utilities TD . (858) 668-4750 or tdepriest@poway.org Approval of First Amendment to Agreement with waterTalent LLC, for Water Treatment Plant On-Call Temporary Staffing Services On May 28, 2020, the City Manager approved an Agreement with waterTalent LLC, a staffing agency for temporary on-call staffing services for the Water Treatment Plant (WTP) for a not-to-exceed amount of $50,000. The temporary staffing services are needed while the City actively recruits for two vacancies at the WTP, and it is requested that the Agreement's not-to-exceed amount of $50,000 be increased to a not-to-exceed amount of $270,360, to maintain waterTalent LLC services for a minimum of six months and a maximum of one year. Recommended Action: It is recommended that the City Council approve the First Amendment to the Standard Agreement for Services with waterTalent LLC for temporary staffing services to increase the Agreement limit by $220,360 for a total not-to-exceed amount of $270,360 and authorize the City Manager to execute the necessary documents. Discussion: The City is facing staffing challenges at the WTP as a result of two vacancies. The WTP has six Water Treatment Plant Operator (Operator) positions. Currently, there are two vacant positions for which an active recruitment is occurring. The WTP is operating at a minimal staffing level and the City, along with the State and Nation, are still under a state of emergency due to the COVID-19 pandemic. The vacant shifts were being filled by the WTP Supervisor; however, this interim staffing solution is not sustainable. In addition, the City must position itself to be ready should COVID-19 impact the current Operators at the WTP. In May 2020, staff contracted with waterTalent LLC, a temporary staffing agency, to provide two qualified Operators at $108/hour to assist in operating the WTP, conduct sampling, testing, record 1 of 4
July 7, 2020, Item #5water quality data and reporting WTP status to the Supervisor. The Agreement was for a not-to-exceed amount of $50,000. As the recruitment for the two new Operators is underway, the Agreement's total fee needs to be increased in order to keep waterTalent LLC services for a minimum of six months and a maximum of one year to provide for reliable staffing coverage and maintain service levels at the WTP. As the vacant positions are filled, the temporary Operators would be on an as-needed basis to address any future vacancies that may occur. The total revised Agreement amount will increase from $50,000 to a not-to-exceed amount of $270,360. The revised Agreement amount includes costs for two assigned Operators at 960 hours each for a total cost of $207,360, and a contingency amount of $63,000. Professional services for on-call temporary staffing for the WTP were not planned for in the operating budget; however, overall savings in the WTP operating budget, including salary savings from vacant positions, will be utilized to absorb the cost of this Amendment. Except for amending the Agreement's compensation provisions, all other terms and conditions remain in effect, including the Agreement's term of one year (expiring June 15, 2021) and its t_wo additional one-year extensions. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: There is sufficient funding available in the Water Supply, Treatment and Storage Division's Fiscal Year 2020-21 Budget to award the contract. Savings from vacancies will be used to offset the cost of this service. Public Notification: None. Attachments: A. First Amendment to the Standard Agreement for Services with waterTalent, LLC. Reviewed/ Approved By: Assistant City Manager 2 of4 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
July 7, 2020, Item #5FIRST AMENDMENT TO STANDARD AGREEMENT FOR SERVICES THIS FIRST AMENDMENT TO AGREEMENT is made and entered into effective this 7th day of July, 2020, by and between the CITY OF POWAY, a municipal corporation (the "CITY"), and waterTalent LLC, a California corporation, ("CONSULT ANT"). RECITALS 1. CITY and CONSULTANT entered into that certain "STANDARD AGREEMENT FOR SERVICES," dated May 28, 2020, (the "AGREEMENT"), by which CITY and CONSUL TANT established the terms and conditions for providing services to CITY. 2. The AGREEMENT has a term of one year 1, and further provides, inter alia, that the AGREEMENT may be extended for two additional one year terms upon approval of the CITY' s City Manager. 3. CITY and CONSULT ANT now agree to amend the compensation and reimbursement provisions of the AGREEMENT and increase the AGREEMENT amount from a not-to-exceed amount of $50,000 to a not-to-exceed amount of $270,360. 4. This FIRST AMENDMENT TO STANDARD AGREEMENT FOR SERVICES (the "FIRST AMENDMENT") is necessary to amend the compensation and reimbursement provisions of the AGREEMENT. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Section 1. Section B of EXHIBIT "A" ('SPECIAL PROVISIONS") of the AGREEMENT is amended to read as follows: 3 of 4 C. Term of Agreement. City shall pay Contractor a fee not to exceed $270,360. 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 ofTwenty-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 ATTACHMENT A
July 7, 2020, Item #5the time incurred. Section 2. Except as otherwise amended by this FIRST AMENDMENT, all other terms and conditions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this FIRST AMENDMENT to be executed the day and year first above written. CITY OF POWAY, a municipal corporation By ____________ _ Chris Hazeltine, City Manager ATTEST: Faviola Medina, City Clerk APPROVED AS TO FORM: Alan Fenstermacher, City Attorney 4of4 waterTalent LLC By ______________ _ Tyler Reifert, President 2
July 7, 2020, Item #61~ AGENDA REPORT CityofPoway .,_-\~ .... "'= ____ ,,, CITY COUNCIL DATE: TO: FROM: CONTACT: SUBJECT: summary: July 7, 2020 Honorable Mayor and Members of the City Council Wendy Kaserman, Assistant City Manager L,J k--Craig Ruiz, Economic Development Administrator~ 858-668-4509, cruiz@poway.org Approval of Lease Agreement with Sprint PCS Assets, LLC, for cellular communications equipment on the Buehler Reservoir In October 2000, the City Council approved a five-year lease agreement with Cox PCS Assets for the installation of a wireless telecommunications facility (cell site) at the Buehler Reservoir. The lease was amended in 2003 to reflect the assignment of the lease to Sprint PCS Assets, LLC (Sprint PCS). The lease allowed for, and the parties agreed to, three five-year extensions. The final extension will expire on October 16, 2020. The City was contacted by Md7, an authorized agent of Sprint PCS and advised of Its Interest in obtaining a new lease agreement. Recommended Action: It is recommended that the City Council approve a five-year lease agreement with three, five-year options to extend the term with Sprint PCS Assets, LLC, a Delaware limited liability company, successor in interest to Nextel of California, Inc. for the continued operation of cellular communications equipment on the Buehler Reservoir, located at 14350 Danielson Street, and authorize the City Manager to execute the agreement on behalf of the City. Discussion: City staff has been working with Md7, authorized representatives of Sprint PCS, to negotiate a new cell site lease agreement at the Buehler Reservoir. Cox PCS, and their successor Sprint PCS have been operating a cell communications facility at the Buehler Reservoir since October 2000. The initial term of the agreement was five years, with three additional five-year extensions. The new lease will allow for the continuation of the existing operation which utilizes 2.SG TDD LTE technology. The new lease will also be for an initial five-year term, with three five-year options to extend the agreement. The initial rent will be $53,542.56 and will increase 3 percent annually. The proposed lease amount and term is consistent with the rate and terms charged to other wireless telecommunication vendors located at similar sites within the City. With the execution of the lease 1 of 40
July 7, 2020, Item #6amendment, a one-time aggregate payment of $10,000 is due from Sprint PCS. Rent payments will begin on the commencement date of the lease and will be paid annually on the anniversary of the commencement date of October 17 of each subsequent year. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Eiscal Impact: With the one-time aggregate payment, this lease agreement will generate $294,264 in revenue for the initial five-year term of the agreement and $1,448,708 over the 20-year term of the agreement. Public Notjfjcatjon: Additional notification was sent to Sprint PCS and Md7, representing Sprint PCS. Attachments: A. Lease Agreement with Sprint PCS Assets, LLC Reviewed/Approved By: Assistant City Manager 2 of 40 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
Site Name: Danielson Sprint Site ID#: SD35XC107-A
LEASE AGREEMENT
This Lease Agreement ("Lease") is entered into this _day of _, 20_, by and
between the City of Poway, a municipal corporation ("Landlord") and Sprint PCS Assets, L.L.C, a Delaware limited liability company, successor in interest to Nextel of California,
Inc., with its principal offices at 6220 Sprint Parkway, Overland Park, KS 66251-2650
(hereinafter referred to as "Tenant") ..
Background
A.Landlord is the owner in fee simple of a parcel of land located in the City of Poway,
San Diego County, State of California, legally described on the attached Exhibit A (the
"Property"), on which a reservoir ("Reservoir") is located. The street address of the
Property is 14350 Danielson Street, Poway, CA 92064 and referred to by Tenant as siteSD35XC107-A.
B.Landlord and Nextel of California, Inc., predecessor to Tenant entered into a LeaseAgreement for use of the Property on October 24, 2000 for a term of five (5) years with
three (3) addition 5-year extensions.
C.On May 5, 2015, Tenant had assumed the Lease Agreement from Nextel ofCalifornia, Inc.
D.Landlord and Tenant seek to enter into a new agreement for the Property prior tothe expiration of the Lease Agreement on October 23, 2020 to allow for the continued
operation of certain antenna facilities and other related equipment and improvements
("Antenna Facilities") for use as described in this Lease.
E.Pursuant to Resolution No. P-00-78, Conditional Use Permit No. CUP00-08, Minor
Development Review Application (MORA) 03-32, MORA 09-27 and Conditional Use
Permit No. CUP14-14 (collectively the "Entitlements") for the Antenna Facilities.
D.The parties, solely in an arrangement involving the lease of a portion of the
Property from Landlord to Tenant, and not as a part of any land use or regulatorydecisions, including the Entitlements, desire to enter into this Lease on the terms and
conditions set forth below.
Agreement
In consideration of their mutual covenants, the parties agree as follows:
1.Leased Premises & Relocation.
a.Premises. Landlord leases to Tenant and Tenant leases from Landlord on
a non-exclusive basis a portion of the Property, including space on one of the Reservoirs, as shown on the Site Plan attached as Exhibit B (the "Leased Premises" or "Premises"
as the context may require). Tenant intends to continue to operate the Antenna Facilities
on the Leased Premises as described and shown more fully on the attached Exhibit C.
3 of 40 ATTACHMENT A July 7, 2020, Item #6
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A Tenant may not add additional equipment and/or antennas from that shown on Exhibit C without the prior written approval of Landlord, which may include the requirement to amend the CUP. Specifically, the Premises shall consist of the following as depicted in the attached Exhibits B and C: (i) space on the Reservoir for Tenant's antennas ("Antenna Space"), (ii) ground space measuring approximately twenty-five (25) feet by twelve (12) feet and containing approximately three hundred (300) square feet for the operation of Tenant's equipment ("Equipment Space"), and (iii) the non-exclusive right to install and maintain utility wires, poles, cables, conduits, and pipes (collectively, the "Appurtenant Facilities") over, under, or along a right of way, as depicted in Exhibits Band C, extending between the Equipment Space and Antenna Space, and to the nearest appropriate utilities providers (collectively, "Utilities"); provided however, that the Appurtenant Facilities shall not interfere with Landlord's use or the reasonable use of any other tenant of any part of the Property existing as of the date Tenant commences construction of the Antenna Facilities. b. Relocation Rights and Obligations. Landlord reserves the right to require Tenant to permanently relocate ("Relocation") its facilities to another location on the Reservoir and/or Property. Within fifteen (15) days after Tenant's receipt of Landlord's Relocation notice ("Relocation Notice"), the parties shall meet to identify and negotiate, in good faith, to agree upon a new location at the Property for the Leased Premises. The parties shall have a period of sixty (60) days after Tenant's receipt of the Relocation Notice within which to reach an agreement on the new location. Within thirty (30) days after such new location has been agreed upon Tenant shall commence obtaining all Governmental Approvals (as defined in Section 13 below) required for the Relocation. If no agreement is reached, Landlord shall in good faith designate the new location for the Leased Premises ("Designation Notice"); provided however, that Tenant shall have the right to terminate this Lease if such location designated by Landlord is unacceptable to Tenant. Within thirty (30) days after its receipt of the Designation Notice, Tenant shall either give Landlord notice of its intent to terminate this Lease or commence obtaining all Governmental Approvals required for the Relocation. Tenant shall diligently pursue obtaining all such Governmental Approvals and Landlord, at no cost to Landlord, shall reasonably cooperate with Tenant in obtaining the same. Tenant shall complete the Relocation of its facilities within sixty (60) days after Tenant's receipt of the Designation Notice, or from the date on which the parties agree to the relocation site, whichever occurs sooner ("Relocation Period"). Landlord agrees to reasonably extend the Relocation Period so long as Tenant begins the Relocation as required hereunder and diligently prosecutes the Relocation to completion, in Landlord's sole and absolute discretion. The Relocation Period shall be tolled for the period of time beginning when Landlord, in its jurisdictional capacity, accepts all of Tenant's required applications for permits as complete and concluding on the date that the Landlord, in its jurisdictional capacity, completes processing the permits Landlord requires for the Relocation (the "Tolling Period"). In calculating the Tolling Period no time shall be allowed for any periods 4 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A of time that Tenant is required to modify, correct, and return the applications, due to Landlord's reasonable finding any of the re-submitted applications are incomplete or contain errors requiring correction. Notwithstanding the foregoing, nothing in this Lease or in this section shall obligate the Landlord to approve such Governmental Approvals in its jurisdictional capacity. Should Landlord require Relocation, Landlord is not providing the Governmental Approvals for the new location/project in its jurisdictional capacity. If Landlord requires use of the Premises before the Relocation is completed, Landlord shall allow Tenant to install temporary facilities sufficient to maintain Tenant's operations, which temporary facilities shall be located in a mutually agreeable location at the Property. Tenant must remove such temporary facilities from the Premises after Tenant's Relocation is complete. In no event will temporary facilities remain on the Premises for more than sixty (60) days without the written permission of Landlord; provided however, that Landlord shall not unreasonably withhold such permission if Tenant is diligently working to complete such Relocation as soon as practicable. The Relocation shall be at Tenant's sole expense. c. Temporary Relocation. Upon request of Landlord, Tenant agrees to relocate its equipment on a temporary basis ("Temporary Relocation"), at Tenant's sole cost, to another location on the Reservoir or Property, hereinafter referred to as the "Temporary Premises," for the purpose of Landlord performing maintenance, repair or similar work at the Property, provided: i. The Temporary Premises is similar to Tenant's existing location in size and is compatible for Tenant's use, in Tenant's reasonable determination; ii. Landlord gives Tenant at least ninety (90) days' written notice prior to requiring Tenant to temporarily relocate; iii. Upon the completion of any maintenance, repair or similar work by Landlord, Tenant is permitted to return to its original location from the Temporary Premises, which Tenant shall complete as soon as reasonably practicable. This Lease is not a franchise pursuant to Chapter 5.60 of the Poway Municipal Code nor is it a permit to use the rights-of-way under Chapter 12.04 of the Poway Municipal Code. Any such franchise or permit must be obtained separately from Landlord. This Lease shall not be interpreted as imposing, elevating validation, invalidating or in any way modifying any franchise license or permit requirement imposed, restricted, pre-empted or otherwise affected by local, state or federal law. 2. Term. The term of this Lease shall be five (5) years, commencing on the first day of the month following both (i) City Council approval of the CUP and (ii) execution of this Lease by the parties hereto (the "Commencement Date"). So long as Tenant is in compliance with the terms and conditions contained herein and the terms and conditions of the CUP, Tenant shall have three (3) five-year options to extend this Lease on the same terms and conditions, excluding rent which shall be adjusted annually as set forth in Section 3.a. below. Each option shall be deemed automatically exercised unless 5 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A Tenant provides written notice of intent not to exercise the option at least ninety (90) days prior to the expiration of the then current five-year term. Notwithstanding such extension options, Tenant understands and acknowledges that conditions of approval of the CUP are subject to review and modification at any time by the City Council, after public hearing. Further, this Lease shall in no way restrict or infringe on the City of Poway's jurisdictional authority as a California municipal corporation over the Property or the Governmental Approvals applicable to the Premises. a. Tenant shall pay Landlord as annual initial rent for the Premises the sum of $53,542.56 ("Rent"). Tenant shall pay Landlord annual initial Rent within forty-five (45) days after the Commencement Date. Thereafter, tenant shall pay Landlord Rent annually in advance of each anniversary of the Commencement Date. Rent shall be increased three percent (3%) annually as follows: Year2 Year3 $55,148.83 $56,803.30 Year4 Years $58,507.40 $60,262.62 b. Tenant shall pay Landlord a late payment charge equal to five percent (5%) of the Rent for any Rent not paid within thirty (30) days after receipt of notice from Landlord to Tenant. Any amounts not paid within the previously mentioned thirty (30) day period shall bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. c. For each additional antenna installed by Tenant beyond the initial array described in Exhibit C and approved by Landlord pursuant to Section 8 below, Tenant shall execute an amendment to this Lease and shall pay Landlord an additional Rent of TWO HUNDRED AND NO/100 DOLLARS ($200.00) per month. This additional Rent is effective the first day of the month following Landlord's execution of the amendment and is to continue for the remainder of the current lease year. Effective the beginning of the subsequent lease year, there shall be added to the annual Rent the annual adjustment set forth in subdivision (a), above, and the additional annual Rent ($2,400 per additional antenna), with such new amount to become part of the annual Rent. d. If this Lease is terminated at a time other than on the last day of the term, Rent shall be prorated as of the date of termination and, in the event of termination for any reason other than nonpayment of Rent, the balance of all prepaid Rent shall be refunded to Tenant within thirty (30) days of the date of termination and the removal of the Tenant's property from the Premises. 4. Taxes. This Lease may result in a taxable possessory interest as defined in California Revenue and Taxation Code section 107, and the Tenant may be responsible for the payment of property taxes for the use of the Premises. Tenant agrees to and shall 6 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SO35XC107-A pay before delinquency all taxes and assessments of any kind assessed or levied upon Tenant or the Premises by reason of this Lease or of any buildings, machines, or other improvements of any nature whatsoever erected, installed or maintained by Tenant or by reason of the business or other activities of Tenant upon or in connection with the Premises, except that Tenant shall not be required to pay any sales tax, rental tax or income tax assessed upon Landlord. Such taxes and assessments shall be in addition to Rent. 5. Use of Premises. Tenant shall use the Premises for the installation, operation, repair and maintenance of the Antenna Facilities and Appurtenant Facilities for the transmission and reception of communications signals and for the operation of a communications system and uses incidental thereto and for no other uses. Tenant may not add additional equipment and/or antennas from that shown on Exhibit C without the prior written approval of Landlord, which may require the amendment of the CUP, pursuant to Section 8 below. Landlord reserves the right to enter into agreements with other parties, including, but not limited to, wireless communication carriers (hereinafter "Carrier") for use of the Property as provided herein. The Carrier will provide Landlord and Landlord will deliver to Tenant documentation certified by an engineer licensed in the State of California and specializing in the design of wireless communications facilities, that the Carrier's proposed antennas and other facilities will not interfere with Tenant's then-existing antennas, and the Reservoir and/or Reservoir Site can structurally support the additional antennas. If Carrier's plans and specifications are approved by Landlord, Landlord shall notify Tenant in writing as to the scheduled date and time of commencement of construction and installation of Carrier's transmitting/receiving equipment not less than ten (10) business days prior to such date. In the event Tenant experiences interference from a Carrier in Tenant's use of the Premises and the Antenna Facilities, Landlord will make its best effort to assist Tenant in resolving such interference. Tenant shall, at its expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including, but not limited to, laws and ordinances relating to health, radio frequency emissions, other radiation and safety) in connection with the use, operation, maintenance, construction and/or installation of the Antenna Facilities, the Appurtenant Facilities, the Property and/or the Premises. Landlord agrees to reasonably cooperate with Tenant in obtaining, at Tenant's sole expense (including reimbursement of Landlord's reasonable attorney and administrative fees), any federal, state and local licenses and permits required for or required by Tenant's use of the Leased Premises. Tenant shall exercise due diligence in utilizing the Property so as to not interfere with utilization of the Property by Landlord, and Tenant agrees to comply with the terms and provisions of this Lease and the CUP. It is understood by Tenant that Landlord's principal use of the Property is as a water storage reservoir and as a part of the water transmission system of Landlord and that it is necessary to maintain adequate security at all times for the primary utilization of the Property by Landlord. 7 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A Tenant has been advised and understands that Landlord has a radio controlled telemetry system for the Reservoir and Tenant agrees not to create any interference of any kind with Landlord's signals and further agrees to promptly, upon receipt of written notice from Landlord, to correct any interference that may result from Tenant's equipment or to promptly cease the operation of Tenant's equipment causing such interference (except for intermittent testing) until non-interference with Landlord's telemetry equipment has been obtained. Tenant's installation, operation, and maintenance of the Antenna Facilities shall not damage or interfere in any way with Landlord's operations or related repair and maintenance activities of the Property. Tenant agrees to cease all such actions which materially interfere with Landlord's use of the Reservoir or Property (as determined in the Landlord's sole and absolute discretion) promptly upon Tenant's receipt of actual written notice of such interference, provided, however, in such case, Tenant shall have the right to terminate this Lease pursuant to the provisions of Section 6 herein. Landlord, at all times during this Lease, reserves the right to take any action it deems necessary, in its sole discretion and for any reason, to repair, maintain, alter or improve the Property of which the Reservoir is a part, in connection with its operations as may be necessary including leasing parts of the Reservoir or Property to others as provided herein. 6. Termination. This Lease may be terminated, without liability to either party, (a) by Tenant upon ninety (90) days' written notice if it is unable to obtain or maintain any license, permit, or other Governmental Approval (as defined below) necessary for the construction and/or operation of the Antenna Facilities or Tenant's business; or (b) by Landlord if Landlord decides, in its sole discretion and for any reason, to discontinue use of the Reservoir and/or Property and provides Tenant with a one hundred eighty ( 180) day notice of termination; or (c) by Landlord upon thirty (30) days' written notice if it determines, in its sole discretion and for any reason, that the Reservoir and/or Property is not safe for Tenant's use; or (d) immediately by Landlord if it determines in its reasonable and qualified discretion that continued use of the Reservoir or Property by Tenant violates applicable laws or ordinances and ten (10) days after receiving written notice from Landlord, Tenant fails to resolve the issue; or (e) immediately by Landlord if it determines in its reasonable and qualified discretion that continued use of the Reservoir or Property by Tenant is in fact a threat to health, safety or welfare; or (f) by Tenant upon sixty (60) days' prior written notice if Tenant determines that interference by or to Tenant's use of Premises cannot be resolved to Tenant's reasonable satisfaction; or (g) by Landlord upon ninety (60) days' prior written notice if Landlord determines that interference by or to Landlord's use of the Property cannot be resolved to Landlord's reasonable satisfaction; or (h) Tenant may terminate the Lease upon ninety (90) days written notice to Landlord only if (i) any environmental report for 's Property reveals the presence of any Hazardous Substance; or (ii) Tenant is unable to occupy and utilize the Antenna Facilities or the Antenna Facilities due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or (iii) Tenant determines that the Antenna Facilities is not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference, or the Antenna Facilities or the communications systems to which the Antenna Facilities belong become unacceptable under its design or engineering specifications .. 8 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A If the Reservoir, Property or Leased Premises, or any portion thereof, is altered, destroyed or damaged so as to materially hinder effective use of the Antenna Facilities through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days' written notice to Landlord. Landlord shall have no obligation to undertake any repair to the Reservoir or Property. Notwithstanding the foregoing, this provision does not apply to the Tenant's property, including the Antenna Facilities and Appurtenant Facilities located on the Reservoir, Property, Leased Premises, or neighboring property. Under no circumstances may Tenant terminate this Lease until all of its property is removed. If this Lease is terminated by Landlord due to a material breach by Tenant of one of Tenant's obligations herein, the termination shall be effective immediately upon the date of delivery of written notice of termination. Upon termination of this Lease by Landlord for any reason, Tenant shall remove its equipment, personal property, Antenna Facilities, Appurtenant Facilities and leasehold improvements from the Premises within thirty (30) days after the date of Landlord termination, and shall restore the Leased Premises to the same condition as existed prior to this Lease, ordinary wear and tear and loss due to casualty; all at Tenant's sole cost and expense. Any such property, equipment or Antenna Facilities not removed within thirty (30) days of Landlord's Lease termination, may be removed by Landlord and stored on behalf of Tenant at Tenant's sole expense and Tenant may be charged for the reasonable, actual and documented cost of removal incurred by Landlord. Should Tenant fail to recover its property for any reason within thirty (30) days of the Landlord providing notice to tenant that it has removed the property from the Property, Landlord may sell or use the property for its own use and benefit. Nothing in this section shall limit the Landlord's ability to recover the costs incurred by Landlord to remove and store Tenant's property. Notice of termination of this Lease for any reason shall be given pursuant to Section 25 below. 7. Construction Standards. The Antenna Facilities and Appurtenant Facilities shall be installed on the Premises in a good and workmanlike manner, without the attachment of any construction liens, and in compliance with the terms and conditions of the CUP and this Lease. 8. Installation of Equipment. a. Tenant shall have the right, at its sole cost and expense, to install, operate and maintain on the Premises, in accordance with good engineering practices and with all applicable Federal Communications Commission ("FCC") and the California Public Utilities Commission ("CPUC") rules and regulations, the Antenna Facilities and Appurtenant Facilities as described in Exhibits Band C. Tenant may not add additional equipment and/or antennas from that shown on Exhibits B and C without the prior written approval of Landlord, which may require an amendment of the CUP. 9 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site 10#: SD35XC107-A b. Tenant's installation of the Antenna Facilities shall be done according to plans approved by Landlord and in compliance with the conditions of approval for the CUP. Any damage done to the Reservoir or Property during installation by Tenant and/or during Tenant's operations shall be repaired or replaced promptly at Tenant's expense. In connection with the installation and operation of the Antenna Facilities, Tenant shall not locate or attach any antennas or other equipment to the Reservoir tank except that approved by the CUP. The installation methods for the Antenna Facilities or other equipment to the Reservoir tank must be done in a manner that will be compatible with the cathodic protection of the Reservoir tank and all other Landlord facilities and equipment located on the Property and in compliance with the terms and conditions of the CUP. c. Within thirty (30) days after final inspection of the Antenna Facilities by Landlord, Tenant shall provide Landlord with as-built drawings of the Antenna Facilities and Appurtenant Facilities and the improvements installed on the Premises, which show the actual location of all equipment and improvements consistent with Exhibit C. d. Any change to Tenant's approved antenna type, number of antennas, antenna location and/or change in transmitter type and power output shall require the prior written approval of Landlord, which may include an amendment of the CUP, and shall, at the sole expense of Tenant, be made in accordance with applicable regulations issued by the FCC and/or the CPUC. If Tenant's plans and specifications are approved by Landlord, Tenant shall notify all other tenants of the Reservoir in writing as to the scheduled date and time of commencement of construction or installation of Tenant's modified equipment not less than ten (10) days prior to such date. 9. Equipment Maintenance and Modifications. a. Minor Maintenance and Repairs. Except as otherwise required in Section 11 of this lease, Tenant may repair, replace or modify the existing Antenna Facilities from time to time, without having the prior written approval of the Landlord, provided that the repaired, replaced, or modified Antenna Facilities are not greater in number or size than the then-existing facilities and that any change in their location on the Reservoir or Premises is approved in writing by Landlord. Notwithstanding the foregoing, actions taken under this section may require an amendment of the CUP if the Antenna Facilities are modified in a manner that is not consistent with the CUP. b. Other Maintenance, Repairs, and Modifications. Notwithstanding Section 9(a), all other repairs, replacements and/or modifications that are not addressed by Section 9(a) above in the Landlord's sole and absolute discretion, shall require the prior written approval of Landlord. Such equipment upgrades may also require an amendment of the CUP. Tenant shall submit to Landlord a detailed proposal for any such repair, replacement, relocation, or modification and any supplemental materials as may be reasonably requested, for Landlord's evaluation and determination. Should Landlord discover any repair, replacement, relocation or modification did not receive its approval, and should have in Landlord's sole and absolute discretion, Landlord shall notify Tenant of the non-approved modification, which shall be remedied within thirty (30) days. Should 10 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A Tenant fail to remedy such a non-approved modification, such failure shall be considered a material breach of this Lease, and Landlord may terminate this Lease immediately. c. Additionally, notwithstanding Section 6409 of the Spectrum Act (codified at 47 U.S.C. § 1455) and its implementing regulations (codified at 47 C.F.R. § 1.4001), as that statute and those regulations are amended from time to time or replaced by a successor statute or regulations, Landlord, at Landlord's sole and absolute discretion, may require Tenant to undergo a discretionary review process in its jurisdictional capacity, for any modification to Tenant's Antenna Facilities, Appurtenant Facilities, or any leasehold improvements, including its antennas, which is not explicitly authorized by this Lease, regardless of whether such modification constitutes a "substantial change" to the physical dimensions of such facility or antennas (as the term "substantial change" is defined in Section 6409 of the Spectrum Act and its implementing regulations). 10. Maintenance and Operations. a. Tenant shall have the right and obligation, at its own expense, to maintain the Premises and any equipment on or attached to the Premises in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of or other leasing of the Reservoir and Property by Landlord. b. Tenant shall have sole responsibility for the maintenance, repair, and security of its equipment, personal property, Antenna Facilities, Appurtenant facilities, and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. c. Tenant shall keep the Premises free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or interference. d. In the event Landlord or any other tenant undertakes painting, construction or other alterations on the Reservoir or Property, Tenant shall take reasonable measures at Tenant's cost to cover Tenant's equipment, personal property or Antenna Facilities and protect the same from paint and debris fallout which may occur during the painting, construction or alteration process. Landlord and/or any tenant that is undertaking the work on the Reservoir or Property will give each of the other tenants at least fifteen (15) days written notice prior to commencing such work. 11. Premises Access. a. Tenant shall have both pedestrian and vehicular access to the Premises by means reasonably designated by Landlord, subject to notice requirements to Landlord as noted in the approved CUP, and also in Section 11b., below. b. Tenant shall have access to the Premises in order to install, operate, maintain and remove the Antenna Facilities only with the prior approval of Landlord, which shall not be unreasonably withheld. City business days are Monday-Thursday (7 a.m. -5 p.m.), and open alternating Fridays (7 a.m. -4 p.m.). Tenant shall request from 11 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A Landlord access to the Premises by telephone at least two (2) business days in advance for work contemplated in Section 9(a) above ("Minor Work"). All other types of work shall be coordinated with Landlord. To receive approval and coordinate the date and time of access for Minor Work, Tenant's representative or contractor must contact Landlord's cell site coordinator ("Coordinator'') at (858) 668-4700, provided however, that leaving a message shall not constitute advance notice. If Tenant leaves a message with the Coordinator, the Coordinator shall return any such messages within two (2) business days. Construction or maintenance activities may be scheduled Monday through Thursday between the hours of 9 a.m. to 3 p.m., and 9 a.m. to 2 p.m. on alternating Fridays. Landlord shall grant Tenant such access unless such access will unreasonably interfere with any of Landlord's activities or operations at the Property as determined in Landlord's sole and absolute discretion. In the event of an emergency that affects the health and safety of the public, Tenant shall notify Landlord's cell site coordinator ("Coordinator'') for immediate access to the Premises. Routine repair or maintenance work is not considered an emergency. In the event an emergency occurs on a weekend, holiday, or after-hours, Tenant shall call Landlord's after-hours number, (858) 668-4751, and a Landlord representative shall be available to answer such calls twenty-four (24) hours a day, seven (7) days a week. c. In the event Tenant requires access to the Premises outside of Landlord's availability as noted above in Section 11 b., Tenant shall be billed for Landlord's costs to provide such access, unless authorized by the Director of the Public Works Department. Costs shall include any overtime or call-out compensation to which an employee facilitating Tenant access may be entitled, the cost of the vehicle, as well as an overhead charge. Tenant shall reimburse Landlord for these costs within thirty (30) days of billing. d. Upon twenty four (24) hours prior notice to Tenant, Landlord shall be allowed and granted access to the Premises at reasonable times to examine and inspect the Premises for safety reasons or to ensure that Tenant's covenants are being met, as long as Tenant's equipment, technology and proprietary interests remain secure and the operation of the Antenna Facilities is not adversely affected. 12. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall timely pay all costs associated therein. 13. Approvals: Compliance with Laws. This Lease, Tenant's obligations under this Lease and Tenant's use of the Premises is contingent upon Tenant's ability to obtain and maintain all necessary governmental licenses, permits, and approvals and pay all fees in connection therewith that may be required by any federal, state or local authority ("Governmental Approvals"), including Landlord. Landlord makes no representation, commitment or obligation, as to Tenant's success in obtaining the required Governmental Approvals. Tenant shall erect, maintain and operate the Antenna Facilities and the Appurtenant Facilities in accordance with statutes, ordinances, rules and regulations now in effect or that may be issued thereafter by the FCC or any other governing bodies. 12 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A 14. Interference. Before approving the placement of the Antenna Facilities, Landlord may obtain from Tenant, at Tenant's expense an interference study indicating whether Tenant's intended use will interfere with any existing communications facilities on the Reservoir or Property existing as of the date of commencement of construction of the Antenna Facilities pursuant to this Lease and an engineering study indicating whether the Reservoir or Premises is able to structurally support Tenant's Antenna Facilities without prejudice to Landlord's primary use of the Reservoir. After review of Tenant's study, Landlord may, in its sole discretion, determine that a third-party study is necessary and Landlord may obtain such study at Tenant's expense. Tenant shall be responsible for installing any equipment, at its own expense, reasonably required by Landlord to eliminate any interference that may be caused by the location of the radio transmitting or other equipment of all parties existing on the Reservoir prior to the Commencement Date including, but not limited to, Landlord and other Carriers on the Property. Tenant's use and operation of the Antenna Facilities shall not interfere with the use and operation of other communication facilities on the Reservoir or Property, which pre-existed the Antenna Facilities. If the Antenna Facilities cause interference, Tenant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated in a reasonable time, Tenant shall immediately cease operating its facility ( other than intermittent testing) until the interference has been eliminated. If the interference cannot be eliminated within thirty (30) days after Tenant receives written notice from Landlord of such interference, Landlord or Tenant may terminate this Lease pursuant to Section 6 herein. 15. Lease and Landlord's Remedies. Except as more specifically provided elsewhere in this Lease, it shall constitute a default of this Lease if any of the following occurs: (1) if Tenant fails to pay Rent or any other sums to Landlord when due, and does not cure such default within thirty (30) business days after receipt of written notice from Landlord; (2) if Tenant fails to obtain or retain the necessary Governmental Approvals due to no fault of Tenant; (3) if Tenant defaults in the performance of any other covenant or condition of this Lease and does not cure such other default within thirty (30) days after receipt of written notice from Landlord specifying the default complained of; provided however, if such a default cannot be cured within thirty (30) days, no such failure will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence in the Landlord's sole and absolute discretion; (4) if Tenant abandons or vacates the Premises; (5) if Tenant is adjudicated bankrupt and the bankruptcy proceeding is not dismissed within ninety (90) days from its commencement or makes any assignment for the benefit of creditors; or (6) if Tenant becomes insolvent. 13 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site 10#: SD35XC 107-A In the event of a default and following the applicable cure period if the default remains uncured, Landlord shall have the right, at its option, in addition to and not exclusive of, any other remedy Landlord may have by operation of law or under this Lease, without any further demand or notice, to reenter the Premises and eject all persons and property therefrom, and either (a) declare this Lease at an end, in which event Tenant shall immediately pay Landlord a sum of money equal to the total of (i) the amount of the unpaid Rent accrued through the date of termination; (ii) the amount by which the unpaid Rent reserved for the balance of the term exceeds the amount of such rental loss that Tenant proves was reasonably avoided by re letting the Premises (net of the costs of such reletting), which shall be approved by Landlord in its sole and absolute discretion; and (iii) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's failure to perform its obligations under this Lease, or (b) without terminating this Lease, relet the Premises, or any part thereof, for the account of Tenant upon such terms and conditions as Landlord may deem advisable, and any monies received from such reletting shall be applied first to the expenses of such reletting and collection, including reasonable attorneys' fees, and thereafter toward payment of all sums due or to become due Landlord hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Landlord any deficiency monthly, notwithstanding that Landlord may have received rental in excess of the rental stipulated in this Lease in previous or subsequent months, and Landlord may bring an action therefor as such monthly deficiency shall arise. No reentry and taking of possession of the Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease, regardless of the extent of renovations and alterations by Landlord, unless a written notice of such intention is given to Tenant by Landlord. Notwithstanding any reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. 16. Cure by Landlord. In the event of any default of this Lease by Tenant, Landlord may at any time, after delivering at least thirty (30) days' prior written notice to Tenant, cure the default for the account of and at the expense of Tenant. If Landlord incurs any expense to cure such default, Tenant shall reimburse Landlord for such expense within thirty (30) days after Tenant's receipt of Landlord's invoice and reasonably supporting documentation. 17. Condemnation. In the event the Premises are taken by eminent domain by any governmental agency, this Lease shall terminate as of the date possession of the Premises is taken by the condemning authority. In the event a portion of the Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of the date of transfer of possession, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the award paid for the taking (except for relocation expenses) and Landlord shall otherwise receive the full amount of such award. Except as herein provided, Tenant hereby expressly waives any right or claim to any portion thereof, including any claim for loss of business or goodwill, all such claims (except for relocation expenses) being hereby irrevocably assigned to the Landlord. All damages, whether 14 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A awarded as compensation for diminution in value of the leasehold or to the fee of the Premises, shall belong to Landlord. 18. Indemnity and Insurance. a. Disclaimer of Liability: Landlord shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, maintenance, repair, use, operation, condition or dismantling of the Premises or the Antenna Facilities, except to the extent attributable to the sole negligent or sole willful misconduct of Landlord, its employees, agents or independent contractors. b. Indemnification: Tenant shall, at its sole cost and expense, indemnify, defend (with counsel reasonably approved by Landlord), and hold harmless Landlord and all associated, affiliated, allied and subsidiary entities of Landlord, now existing or hereinafter created, and their respective elected and appointed officials, officers, boards, employees, agents, attorneys (hereinafter collectively referred to as "lndemnitees"}, from and against: i. Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the lndemnitees by reason of any act or omission of Tenant, its personnel, employees, agents, contractors or subcontractors, which may arise out of or be in any way connected with the construction, installation, operation, maintenance, use or condition of the Property, Leased Premises or Antenna Facilities or the Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. ii. Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the lndemnitees which may arise out of or be in any way connected with the parties' material breach of a term or condition of this Lease. iii. Any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitations, reasonable fees and expenses of attorneys, expert witnesses and other consultants), which are imposed upon, incurred by or asserted against the lndemnitees by reason of any claim or lien arising out of work, labor, materials or supplies provided or supplied to Tenant, its contractors or subcontractors, for the installation, construction, operation, maintenance or use of the Premises or Antenna Facilities, and, upon the written request of Landlord, Tenant shall cause such claim or lien covering Landlord's property to be discharged or bonded around within thirty (30) days following such request. 15 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A iv. Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the lndemnitees by reason of any financing or securities offering by Tenant or its affiliates which results in any violations of the common law or any laws, statutes, or regulations of the State of California, or United States, including those of the Federal Securities and Exchange Commission. v. Tenant's obligation to indemnify the lndemnitees under this Lease shall not extend to claims, losses, and other matters covered hereunder to the extent that they are caused by the negligence or willful misconduct of one or more lndemnitees. vi. Tenant's obligation to indemnify lndemnitees shall survive the termination of this Lease. c. Assumption of Risk. Tenant undertakes and assumes for its officers, agents, affiliates, and employees (collectively "Tenant" for the purpose of this section), all risk of dangerous conditions, if any, on or about the Premises, and Tenant hereby agrees to indemnify and hold harmless the Landlord against and from any claim asserted or liability imposed upon the lndemnitees for personal injury or property damage to any person (other than from an lndemnitee's negligence or intentional acts) arising out of the Tenant's installation, operation, maintenance, condition or use of the Premises or Tenant's Antenna Facilities or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. d. Defense of lndemnitees. In the event any action or proceeding shall be brought against any lndemnitee by reason of any matter for which the lndemnitee is indemnified hereunder, Tenant shall, upon receipt of written notice from Landlord, at Tenant's sole cost and expense, resist and defend the same with legal counsel reasonably approved by Landlord. However, Tenant shall not admit liability in any such matter on behalf of the Landlord, nor enter into any compromise or settlement of any claim for which and lndemnitee is indemnified hereunder, without the prior written consent of Landlord. Similarly, Landlord shall not admit liability for, nor enter into any compromise or settlement of any claim for which it is indemnified hereunder, without the prior written consent of Tenant. e. Notice, Cooperation and Expenses. Landlord shall give Tenant prompt written notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Section. Nothing herein shall be deemed to prevent Landlord from cooperating with Tenant and participating in the defense of any litigation by Landlord's own counsel. Tenant shall pay all reasonable expenses incurred by Landlord in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attorneys' fees and shall also include the Landlord's actual own attorney's fees, and the actual expenses of Landlord's agents, employees or expert witnesses and disbursements and liabilities assumed by Landlord in 16 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A connection with such suits, actions or proceedings, but shall not include attorneys' fees for services that are unnecessarily duplicative of services provided Landlord by Tenant, as determined by the Landlord in its reasonable discretion. If Tenant requests Landlord to assist it in such defense then Tenant shall pay all expenses incurred by Landlord in response thereto, including defending itself with regard to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as Landlord's actual attorney fees and shall also include the actual costs of any services rendered by the Landlord's attorney, and the actual and documented expenses of Landlord's agents, employees or expert witnesses, and disbursements and liabilities assumed by Landlord in connection with such suits, actions or proceedings, but shall not include attorneys' fees for services that are unnecessarily duplicative of services provided Landlord by Tenant, as determined by the Landlord in its reasonable discretion. f. Insurance. During the term of this Lease, Tenant shall maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance: i. Workers' compensation insurance meeting applicable statutory requirements and employer's liability insurance with limits of One Million Dollars ($1,000,000) for each accident. ii. Commercial general liability insurance with limits of Three Million Dollars ($3,000,000) per occurrence, $10,000,000 aggregate. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability, independent contractor's liability; coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. iii. Automobile liability insurance covering all owned, hired, and non-owned vehicles in use by Tenant, its employees and agents, to comply with the provisions of state law with limits of Two Million Dollars ($2,000,000) as the combined single limit for each occurrence for bodily injury and property damage. iv. At the start of and during the period of any construction, Tenant shall require the contractor to have in place an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or incidental to the construction. Upon completion of the construction, Tenant shall substitute for the foregoing insurance policies of fire, extended coverage and vandalism and malicious mischief insurance. The amount of insurance at all times shall be representative of the insurable values installed or constructed. v. All policies other than those for Workers' Compensation shall be written on an occurrence and not on a claims made basis. 17 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site 10#: SD35XC107•A vi. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. vii. Tenant shall furnish certificates of insurance to Landlord before commencement of any work on the Leased Premises or Property. g. Additional Insureds. All required policies, except for worker's compensation and property insurance policies, shall include Landlord and all associated, affiliated, allied and subsidiary entities of Landlord, now existing or hereafter created, and their respective elected and appointed officials, officers, boards, commissions, employees, agents, and the lndemnitees as their respective interests may appear as additional insureds (herein referred to as the "Additional Insureds"). The policy will provide primary coverage and is not secondary or in any way subordinate to any other insurance or coverage maintained by Landlord. Each policy that is to include Additional Insureds hereunder shall contain cross-liability wording, to the effect of: In the event of a claim being made hereunder by one insured for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is or may be made in the same manner as if separate policies had been issued to each insured hereunder. h. Evidence of Insurance. Certificates of insurance for each insurance policy required to be obtained by Tenant in compliance with this Section, shall be filed and maintained with Landlord annually during the term of this Lease. Tenant shall advise Landlord in writing of any claim or litigation that may result in liability to Landlord within fourteen (14) days of Tenant's discovery of such claim or litigation. i. Cancellation of Policies of Insurance. The insurance carriers will provide a 30 day prior written notice of cancellation or termination to the certificate holder, 10 days for non-payment of premium. j. Deductibles. Tenant agrees to indemnify and save harmless Landlord, the lndemnitees and Additional Insureds from and against the payment of any deductible and from the payment of any premium on any insurance policy required to be furnished by Tenant under this Lease. Tenant may, in its sole discretion, self-insure any of the required insurance under the same terms as required by this Lease. In the event Tenant elects to self-insure its obligation under this Lease to include Landlord as an additional insured, the following conditions apply: i. Additional insured shall be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Tenant, its employees, agents or independent contractors. 18 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A ii. Additional insured shall not exceed Tenant's indemnification obligation under this Lease, if any. iii. Additional insured shall not extend to claims for punitive or exemplary damages arising out of the acts or omissions of Landlord, its employees, agents or independent contractors or where such coverage is prohibited by law or to claims arising out of the sole gross negligence of Landlord, its employees, agents or independent contractors. iv. Landlord shall promptly and no later than thirty (30) days after notice thereof provide Tenant with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Tenant with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like. v. Landlord shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Tenant. vi. Landlord shall fully cooperate with Tenant in the defense of the claim, demand, lawsuit, or the like, however this does not obligate or extend financial liability to Landlord. k. Contractors. Tenant and Landlord shall each require that each and every one of its contractors and their subcontractors who perform work on the Property or Leased Premises to carry, in full force and effect, workers' compensation, commercial general liability and automobile liability insurance coverages of the type which the insured is required to obtain under the terms of this Section with reasonable and appropriate limits of insurance as determined by the Landlord in its reasonable discretion. i. If Tenant subcontracts any work under this Lease, Tenant shall require that each subcontractor includes Landlord as an additional insured as their interest may appear under the subcontractor's general liability insurance policy and any excess liability insurance policy. Tenant is solely responsible to ensure that all of its subcontractors, or anyone else acting on its behalf or at its direction, complies with the insurance requirements set forth in this Lease. 19. Hazardous Substance Indemnification. Tenant represents and warrants that its use of the Premises herein will not generate any hazardous or toxic substances, and it will not store or dispose on the Premises nor transport to or over the Premises any hazardous substance in violation of any applicable local, state or federal law or regulation. Further, Tenant shall conduct its business and use of the premises in compliance with all applicable laws governing the protection of the environment or employee health and safety ("EH&S Laws"). Tenant shall be allowed to store on the Premises the number of batteries as shown in Exhibits B and C of this Lease, as well as fuel for Tenant's emergency generator, an HVAC system, and a halon/FM200 fire suppression system. The batteries shown on the 19 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A Exhibits are to be used for emergency backup power only. No additional batteries or fuel may be stored on the Premises without the prior written approval of Landlord. Tenant further agrees, at its sole cost and expense, to indemnify, defend (with counsel approved by Landlord}, and hold harmless lndemnitees from any claims, losses, liabilities and/or costs (including reasonable attorneys' fees and costs) to the extent resulting from Tenant's violation of any applicable EH&S Laws, or to the extent arising from any claim based on the EH&S Laws, or to the extent resulting a release or threatened release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release or threatened release including reasonable attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence or willful misconduct of Landlord, its employees, agents or contractors. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 20. Radio Frequency (RF). Tenant shall comply with all present and future applicable laws, orders, and regulations relating to Radio Frequency ("RFs") to the extent required by current or future FCC regulations. 21. Holding Over. Any holding over after the expiration of the term hereof with the written consent of Landlord shall be construed to be a tenancy from month to month at two times the Rents herein specified (prorated on a monthly basis) and shall otherwise be for the term and on the conditions herein specified, so far as applicable. 22. Subordination to Mortgage. Any mortgage now or subsequently placed upon any property of which the Premises are a part shall be deemed to be prior in time and senior to the rights of Tenant under this Lease. Tenant subordinates all of its interest in the leasehold estate created by this Lease to the lien of any such mortgage. Tenant shall, upon receipt of Landlord's written request, execute any mutually agreeable additional documents reasonably necessary to effectuate this subordination provided that any such mortgagee agrees to recognize and not disturb Tenant's rights under the Lease. 23. Aggregate Payment. Tenant shall pay Landlord the sum of Ten Thousand and No/100 Dollars ($10,000.00) to reimburse Landlord for its costs in negotiating and administering this Lease ("Aggregate Payment"). This Aggregate Payment is a one-time payment. The Aggregate Payment shall not be considered "Rent" and is due forty-five (45) days after the Commencement Date. 24. Acceptance of Premises. By taking possession of the Premises, Tenant accepts the Premises in the condition existing as of the Commencement Date. Landlord makes no representation or warranty with respect to the condition of the Premises and, except 20 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SO35XC107-A as provided by applicable law, Landlord shall not be liable for any latent or patent defect in the Premises. 25. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given as of the date of such service or mailing if personally delivered, mailed, certified mail, return receipt requested or sent by a nationally recognized overnight courier; to the following addresses: If to Landlord, to: City of Poway City Manager's Office Attn: Economic Development Administrator P.O. Box 789 Poway, California 92074-0789 If to Tenant, to: Sprint Property Services Sprint Site ID: SD35XC107-A Mailstop KSOPH 00101-Z2650 6220 Sprint Parkway Overland Park, Kansas 66251-2650 With mandatory copy to: Sprint Law Department Sprint Site ID: SD35XC107-A Attn.: Real Estate Attorney Mailstop KSOPH 00101-Z2020 6220 Sprint Parkway Overland Park, Kansas 66251-2020 Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 26. Assignment. Tenant may assign this Lease and all or any rights, benefits, liabilities and obligations hereunder without Landlord's written consent to: (i) any person or entity which is a parent, subsidiary or affiliate of Tenant; (ii) any person or business entity that controls or is controlled by or under common control with Tenant; or (iii) any person or business entity that is merged or consolidated with Tenant or purchases a majority or controlling interest in the ownership or assets of Tenant in the market defined by the FCC in which the Property is located. Upon notification to Landlord by Tenant of any such assignment, Tenant will be relieved of all future performance, liabilities and obligations under this Lease to the extent of such assignment. Tenant may not otherwise assign or sublet this Lease, or any interest created under this Lease, to any other entity, without Landlord's prior written consent. 21 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A 27. Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 28. Miscellaneous. a. Authority. Landlord and Tenant represent and warrant to each other that each, respectively, has the full right, power, and authority to execute this Lease. b. Integration. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind, whether oral or written. There are no representations or understandings of any kind not set forth herein. Any modifications of or amendment to this Lease must be in writing and executed by both parties. c. Venue. This Lease shall be construed in accordance with the laws of the State of California. Any action to enforce or interpret this Lease shall be brought in the Superior Court for San Diego County, California, Central or East County Divisions. Tenant hereby expressly waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. d. Validity and Severability. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect, if the overall purpose of the Lease is not rendered impossible and the original purpose, intent or consideration is not materially impaired. e. Covenants. Landlord represents and warrants to Tenant that as long as Tenant is not in default, Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Premises. f. Construction. The parties both acknowledge and agree that this Lease was negotiated with the full participation of both parties. As such, the provisions contained in this Lease shall not be construed in favor of or against either party, but shall be construed as if both parties contributed equally to its preparation. g. Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term "including" will be interpreted to mean "including but not limited to"; (iii) exhibits are an integral part of this Lease and are incorporated by reference into this Lease; (iv) in the event of any conflict between the physical descriptions of any property or facility in the exhibits versus the body of this Lease, the physical description and rendering of the exhibits shall prevail; (v) reference to a default will take into consideration any applicable notice, grace and cure periods; (vi) to the extent there is any issue with respect to any alleged, perceived or actual ambiguity in this Lease, the ambiguity shall not be resolved on the basis of who drafted the Lease; and (vii) the singular use of words includes the plural where appropriate. 22 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A h. Limitation of Liability. Except for the indemnity obligations set forth in this Lease, and otherwise notwithstanding anything to the contrary in this Lease, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability. i. Compliance with Law. Tenant agrees to comply with all federal, state and local laws, orders, rules and regulations ("Laws") applicable to Tenant's use of the Premises, Antenna Facilities, Appurtenant Facilities and/or the Property. j. W-9. Landlord agrees to provide Tenant with a completed IRS Form W-9 and Form 590, or their equivalents, upon execution of this Lease and at such other times as may be reasonably requested by Tenant, including any change in Landlord's name or address. k. Execution/No Option. The submission of this Lease to any party for examination or consideration does not constitute an offer, reservation of or option for the Leased Premises based on the terms set forth herein. This Lease will become effective as a binding agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. This Lease may be executed in two (2) or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties. All parties need not sign the same counterpart. I. Waiver of Jury Trial. Each party, to the extent permitted by law, knowingly, voluntarily and intentionally waives its right to a trial by jury in any action or proceeding under any theory of liability arising out of or in any way connected with this Lease or the transactions it contemplates. 29. Limitation on Applicability. Notwithstanding any language in this Lease, the terms and conditions herein shall apply only to the Reservoir and the Premises described above. Nothing in this Lease shall be interpreted to affect the parties' right and obligations regarding other properties, sites, facilities or proposed projects of Tenant or Landlord. [Signatures appear on next page] 23 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A This Lease was executed as of the date first set forth above. LANDLORD: TENANT: City of Poway, Sprint PCS Assets, L.L.C, a municipal corporation a Delaware limited liability company, By: --------------Chris Hazeltine, City Manager By: Silvia J. Lin, Manager, Real Estate Date: -------------Date: APPROVED AS TO FORM: By: --------------A I an Fenstermacher, City Attorney 24 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A EXHIBIT A Legal Description of Property THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 18003 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 31, 1998, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL 1; THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 1 NORTH 01° 31' 13" EAST, 124.56 FEET; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY NORTH 1° 33' 14" EAST. 591.39 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY NORTH 88° 26' 46" WEST, 211.00 FEET: THENCE SOUTH 07° 15' 4Z' WEST, 573.05 FEET TO AN ANGLE POINT ON THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL 1; THENCE ALONG SAID SOUTHWESTERLY BOUNDARY SOUTH 49° 11' 00" EAST, 134.94 FEET; THENCE CONTINUING ALONG SAID SOUTHWESTERLY BOUNDARY. SOUTH 68 ° 12' 00 .. EAST, 174.36 FEET TO THE POINT OF BEGINNING. LEGAL DESCRIPTION THAT PORTION OF THE EAST ONE HALF OF THE EAST ONE HALF OF SECTION 19, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE Cl1Y OF POWAY. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRJBED AS FOLLOWS: COMMENCING AT THE COMMON EAST SIXTEENTH CORNER OF SECTION 18 AND SAID SECTION 19. TOWNSHIP 14 SOUTH , RANGE 1 WEST, SAN BERNARDINO MERIDIAN, SAID POINT BEING ALSO THE NORTHEAST CORNER O'~··atTYOF POWAY TRACT 87-13. UNll.2 •. MAe_N.Q~ 1;MJ,Po lHE~S~TH~Y ALONG THE WESTERLY LINE OF THE EAST ONE HALF OF fflE T 0~ I-OF SAID SECTION 19 AND THE EASTERLY LINE OF SAID MAP NO. 13410, SOUTH 01 ° 28' 09• WEST, 1338. 79 FEET TO THE NORTHEAST CORNER OF PARCEL 1 OF PARCEL MAP NO. 18003; THENCE CONTINUING ALONG SAID WESTERLY LINE OF THE EAST ONE HALF OF THE EAST ONE HALF OF SAID SECTION 19 AND THE EASTERLY LINE OF SAID PARCEL 1 SOUTH 01 ° 33' 14• WEST. B36.26 F.EET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SOUTH 01 ° 33' 14. WEST, 313.56 FEET; THENCE LEAVING SAID WESTERLY LINE OF THE EAST ONE HALF OF THE EAST ONE HALF OF SAID SECTION 19 AND THE EASTERLY LINE OF SAID PARCEL 1 SOUTH 88° 26' 45• EAST, 100.00 FEET; THENCE NORTH 01 ° 33' 14" EAST, 313.56 FEET; THENCE NORTH 68° 26' 46 .. WEST, 100.00 FEET TO THE TRUE POINT OF BEGINNING. 25 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A EXHIBIT B Site Plan of Premises ,r---=--~SITE Pl.AN~ 26 of 40
July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A EXHIBIT C Site Plan of Antenna Facilities and Appurtenant Facilities (see attached) 27 of 40
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CA6976
DANIELSON RESERVOIR
14700 DANIELSON STREET
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D-2
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
CITY COUNCIL
July 7, 2020
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works f,,, �
Will Wiley, Assistant Director of Public Works for Maintenance Operations�
(858) 668-4705 or wwiley@poway.org �
Ratification of Agreement, with American Technologies, Inc., for Cleaning,
Disinfecting Service, and As-Needed Remediation Services.
On March 13, 2020, the City Manager, serving as Director of Emergency Services for the City of Poway,
proclaimed a local emergency as a result of the COVID-19 pandemic, which was ratified by the City
Council on March 18, 2020. The services of American Technologies, Inc. (ATI) were obtained to provide
cleaning and disinfecting services in accordance with Section 3.28.080 (A) of the Poway Municipal
Code. In addition to providing disinfecting services, ATI provided temporary custodial services for the
City. The ratified term of the Agreement is one (1) year beginning April 1, 2020 through March 31,
2021. The Agreement may be extended through a total of two (2) separate one-year extensions. The
maximum length of the Agreement would be up to three (3) years.
Recommended Action:
It is recommended that the City Council ratify an Agreement with American Technologies, Inc., for
cleaning, disinfecting, and as-needed remediation services and authorize the City Manager to execute
the necessary documents.
Discussion:
On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in response to
the increased spread of COVID-19. Additionally, on March 13, 2020, the City Manager, serving as
Director of Emergency Services for the City of Poway, proclaimed a local emergency, which was ratified
by the City Council on March 18, 2020. In response to the COVID-19 health emergency, the City
obtained the services of American Technologies, Inc. (ATI) to provide cleaning and disinfecting services
per the Centers for Disease Control and Prevention (CDC) guidelines to prevent the spread of disease.
The services from ATI were approved in accordance with emergency purchasing guidelines, Section
3.28.080 (A) (Exceptions to Bidding Requirements), of the Poway Municipal Code and was additionally
selected because ATI is an authorized vendor with the City, their insurance is current, and their staff
1 of 55 July 7, 2020, Item #7
has been verified and approved to work at City facilities.
On April 23, 2020, the City terminated its daily cleaning and custodial services agreement for cause.
In order to adhere to minimum CDC cleaning guidelines, the City utilized ATI to provide custodial
services in order to avoid interruption in service. From April 23 to June 4, 2020, ATI provided on-going
cleaning and custodial services, which included enhanced disinfecting procedures to high touch
surfaces. Staff secured a temporary custodial service agreement with a custodial service provider that
subsequently began on June 4, 2020.
The Agreement with ATI will continue to be utilized if there is a potential or confirmed COVID-19
exposure, which will include ATI providing enhanced disinfection and deep-cleaning decontamination
of workspaces and/or facilities. Additionally, as one of the most comprehensive environmental
remediation service providers, ATl's agreement will also be utilized for emergency recovery services
to address environmental hazards (e.g., water and fire damage, mold remediation). The length of the
Agreement is one (1) year beginning April 1, 2020 through March 30, 2021, with an option to extend
the Agreement for two (2) separate, one-year term extensions, subject to Council appropriation of
funds and mutual agreement by both parties. The maximum length of the Agreement would be up
to three {3) years.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscar Impact:
Funds are available in the Facilities Maintenance Division's Fiscal Year 2019-20 Budget (415010-41400)
for COVID-19 deep-cleaning decontamination. Amounts for subsequent fiscal years for as-needed
remediation services will be appropriated as necessary.
Public Notification:
None.
Attachments:
A.Agreement with American Technologies, Inc.
Reviewed/Approved By:
Assistant City Manager
2 ofSS
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
July 7, 2020, Item #7
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this First day of April, 2020, by and between the CITY OF
POWAY (hereinafter referred to as "City") and American Technologies, Inc. (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform as-needed environmental remediation and restoration services for the City (Project); and
WHEREAS, Consultant is a(n) restoration, environmental remediation, and reconstruction service consultant and has represented that Consultant possesses the necessary qualifications to
provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of
Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN
CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:
1.Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
2.Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled
"Special Provisions" attached hereto and made a part hereof.
3.Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
4.Termination.
This Agreement may be terminated with or without cause by City. Terminationwithout cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement.
This Agreement may be terminated by City for cause in the event of a material breach of this
Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination
for cause shall be effected by delivery of written notice of termination to Consultant. Such
termination shall be effective upon delivery of said notice.
3 of 55
1
ATTACHMENT A July 7, 2020, Item #7
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 costand expense.
7.Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person,other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that
it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or
resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct
from the Agreement price or consideration, or otherwise recover the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
8.Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents
prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
9.Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform
services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use
its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify
itself from any matter on which it might perform services for the City.
4 of 55 2 July 7, 2020, Item #7
"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 makinga governmental decision as defined in the Political Reform Act and/orimplementing 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'sConflict of Interest Code.
DISCLOSURE DETERMINATION:
[8J 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.
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)
5 of 55 3 July 7, 2020, Item #7
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 ofprofessional services, lndemnitees shall have no liability to Consultant or any other person for,
and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all
Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's
negligent performance of any professional services under this Agreement, or by the negligent or
willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For
Claims alleged to arise from Consultant's professional services, Consultant's defense obligation
to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
6 of 55 4 July 7, 2020, Item #7
(c)The foregoing obligations of Consultant shall not apply to the extent that the Claimsarise 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 beconstrued 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 toConsultant'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 thisAgreement, 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 requestedservices. The City shall have the right to review and disapprove personnel for assignment to
Poway projects.
City shall have the unrestricted right to order the removal of any person(s)
assigned by Consultant by giving oral or written notice to Consultant to such effect.
7 of 55 5 July 7, 2020, Item #7
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 andCity relating to the terms and conditions of the services to be performed by Consultant. No
agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24.Certification and Indemnification Regarding Public Employees'
Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor
are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.
8 of 55 6 July 7, 2020, Item #7
Contractor further provides that in the event Contractor assigns a retired annuitant
receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section
7522.56 is attached hereto as Exhibit "B."
Further, Contractor hereby fully and unconditionally indemnifies City from all
penalties, fees, employer and employee contributions, or any other assessments imposed by
CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25.Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity,
illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this
Agreement shall remain in effect.
(Remainder of page intentionally left blank)
9 of 55 7 July 7, 2020, Item #7
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:
Faviola Medina, City Clerk
APPROVED AS TO FORM:
By:------------Alan Fenstermacher, City Attorney
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AMERICAN TECHNOLOGIES, INC.
By: ___________ _ Name, Title
Date: ___________ _
8 July 7, 2020, Item #7
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall
consist of as-needed environmental and remediation services further described in the Scope of Services is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel
to perform the services.
8.Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Schedule included in
this document as Attachment 2. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable
expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in
performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess
of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates.
Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall
receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C.Term of Agreement.
This Agreement shall be effective from the period commencing April 1, 2020, and
ending March 30, 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 shall obtain and maintain during the life of this Agreement all of
the following insurance coverages:
(a)Comprehensive General Liability, including premises-operations,
products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined
each occurrence and $2,000,000 aggregate.
11 of 55 1 July 7, 2020, Item #7
(b)Automobile Liability. including owned, hired, and non-owned
vehicles: $1,000,000 combined single limit.
(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 followingthree provisions:
(a)Additional Insured. (Not required for Professional Errors andOmissions Liability Insurance or Workers' Compensation.)
"City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b)Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30)
days after written notice is given to City."
(c)Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed
boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3.Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to
beginning work under this Agreement.
E.Notices.
All notices, billings and payments hereunder shall be in writing and sent to thefollowing addresses:
To City:
To Consultant:
12 of 55 2
City of Poway P.O. Box 789
Poway, CA 9207 4
Complete Name and Address
July 7, 2020, Item #7
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular
Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7
Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public
Employees' Pension Reform Act of 2013
§7522.56. Provisions applicable to person receiving pension benefit from public
retirement system; Section supersedes conflicting provisions
(a)This section shall apply to any person who is receiving a pension benefit from a public
retirement system and shall supersede any other provision in conflict with this section.
(b)A retired person shall not serve, be employed by, or be employed through a contract
directly by, a public employer in the same public retirement system from which the retiree
receives the benefit without reinstatement from retirement, except as permitted by this
section.
( c)A person who retires from a public employer may serve without reinstatement from
retirement or loss or interruption of benefits provided by the retirement system upon
appointment by the appointing power of a public employer either during an emergency to
prevent stoppage of public business or because the retired person has skills needed to
perform work of limited duration.
( d)Appointments of the person authorized under this section shall not exceed a total for all
employers in that public retirement system of 960 hours or other equivalent limit, in a
calendar or fiscal year, depending on the administrator of the system. The rate of pay for the
employment shall not be less than the minimum, nor exceed the maximum, paid by the
employer to other employees performing comparable duties, divided by 173.333 to equal an
hourly rate. A retired person whose employment without reinstatement is authorized by this
section shall acquire no service credit or retirement rights under this section with respect to
the employment unless he or she reinstates from retirement.
(e)
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(!)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
1
July 7, 2020, Item #7
Cal Gov Code§ 7522.56
a public employer. A retiree shall certify in writing to the employer upon accepting
an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment
insurance compensation as described in this subdivision shall terminate that
employment on the last day of the current pay period and shall not be eligible for
reappointment subject to this section for a period of 12 months following the last day
of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period
of 180 days following the date of retirement unless he or she meets one of the following
conditions:
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(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)F or 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.
2 July 7, 2020, Item #7
Cal Gov Code § 7522.56 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligibleto be employed pursuant to this section for a period of 180 days following the date ofretirement and subdivision (f) shall not apply.(h)This section shall not apply to a person who is retired from the State Teachers'Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the
Education Code.(i)This section shall not apply to (1) a subordinate judicial officer whose position, uponretirement, is converted to a judgeship pursuant to Section 69615, and he or she returns towork in the converted position, and the employer is a trial court, or (2) a retiree of theJudges' Retirement System or the Judges' Retirement System 11 who is assigned to serve in acourt 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 January1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.Annotations
Notes
Amendments:
Note-
Amendments:
2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 15 of 55 3 July 7, 2020, Item #7
ATTACHMENT 1 SCOPE OF SERVICES
Emergency Response
With ATI by your side, you can count on complete restoration, remediation, and reconstruction
services, available 24/7. No matter the size of the job, we're here to help. From minor water
leaks affecting a single room to catastrophic losses requiring environmental remediation,
demolition and complete reconstruction of commercial structures, we are here to help.
Recently, ATI worked on a $35 million project for a world-leading electronic measurement
company that experienced a loss due to a wildfire.
As a family-owned company, we have an engaged executive team committed to delivering
responsive customer service without layers of bureaucracy, and all of the resources of a large
enterprise. This gives our clients the best of both worlds in their time of need. Through our
24-hour emergency response services we perform duties such as:
Immediate response to fire and water damage, smoke damage, debris removal, board-ups,
roof covers and water extraction On-location cleaning, pack-outs for off-site cleaning and
storage, document restoration and preservation and electronics restoration
•Mold removal, asbestos removal, lead abatement and biohazard cleanup
•Minor repairs, complete demolition and rebuilding, in-house cabinet and finish work
16 of 55 Statement of Qualifications For Disaster Recovery and Restoration Services 5
July 7, 2020, Item #7
I I II
ATTACHMENT 1 SCOPE OF SERVICES
Water Damage Restoration
Water is responsible for more interior property damage
than any other substance. As such, it is critical to addre�
water damage and its effects right away. ATI has the
experts to get your home, business or facilities back to
prime condition.
ATI has over two decades of experience in handling wate
restoration projects. We are experienced in restoring
property due to damage caused by water of all levels
of contamination, including clean, gray and black water.
By applying the science of drying and using the latest
technologies, techniques and equipment, we minimize
drying times and ensure a safe and effective approach tc
property restoration. This means our clients can get bad
to their normal day-to-day routines as soon as possible.
Drying Process
Upon receiving your call, we quickly dispatch a crew to
assess the amount of water damage in the loss location
and the number of rooms and/or floors affected. We
review the scope of restoration work with you in detail,
determine a plan and then immediately get to work. Our
end-to-end process for water-related incidents involves
the following steps:
(Inspect)
An ATI emergency service team will typically arrive to
the loss site to perform an initial inspection. During the
initial inspection, we will identify any potential safety
hazards to ensure a safe working environment. We
will verify that the source of water damage has been
contained or eliminated. (If not, we can work with you to
stop water migration throughout the structure.) We will
document the inspection and determine the category of
water to help determine our restoration approach. After
the initial visit, we will prepare an estimate and submit
this for your review. Any work performed prior to the
submittal of an estimate will be approved ahead of time
by an authorized customer representative.
(Extract)
Until water is removed, it will continue to damage the
building's structure and contents. So, our goal is to
promptly extract standing water from all floor coverings
including carpet, wood flooring, tile and vinyl. Our
technicians will determine if the pad and floor coverings
can be dried out in place or if they must be removed.
July 7, 2020, Item #7
ATTACHMENT 1 SCOPE OF SERVICES
( Detect)
ATI technicians specially trained in thermal imaging documentation will conduct a moisture survey
of the affected areas using a thermal imaging camera and hygrometers to identify the damage
quickly and accurately. Thermal imaging is an inspection and diagnostic tool that allows the
certified operator to scan a water-damaged area without any type of property destruction.
We will use moisture detection tools to monitor damaged materials including drywall/plaster, trim
work and cabinets. Our technicians will follow the flow of the water trail to identify all damages,
including inspecting the basement and/or crawlspaces, when applicable.
(Dry)
Based on the data collected from our detection phase, we will develop a customized drying
plan, which will outline the amount and type of drying equipment needed. Typically, we install a
combination of drying fans, dehumidifiers and negative air machines. We will examine many factors
such as when the loss occurred, weather, how wet the building materials are, and the size of the
affected areas to determine the best drying strategy and how much equipment is required. Our
drying plan may also include containment structures, ventilation systems and containment area
signage, if required. Depending upon the damage, we may conduct in-place drying or transport
contents to our facilities.
(Monitor)
During the drying process, conditions often change so ongoing site inspections are critical to an
effective water restoration job. Our expertly trained drying technicians will regularly check and
record psychrometric data and, based on their findings, will manipulate, add or remove drying
equipment if necessary to meet changing conditions. ATI technicians maintain drying logs for
each job with detailed moisture measurements, temperature and humidity tracking, as well as the
moisture content of structural materials. ATl's moisture mapping provides a comprehensive record
of the recovery and informs our drying technicians on how best to proceed. Additionally, with
remote monitoring technology, we can cut back on some on-site monitoring.
Drying Location
To minimize costs and business interruption, we make every attempt to clean and restore
water-damaged property on-site, using the same equipment and techniques employed at our
restoration facilities. In some cases, document and media restoration can be handled on-site.
However, under most circumstances, moving these items to a secure ATI document recovery center
is recommended.
Pack-Out Approach
When off-site cleaning and restoration is necessary, we offer a comprehensive pack-out program,
including detailed documentation of all items, careful packing and transportation to our custom
storage facility and the proper disposal of damaged materials beyond repair.
Our state-of-the-art recovery centers meet all guidelines for commercial records management and
our advanced inventory system provides a clear chain of custody throughout the recovery process,
ensuring security of confidential information and a retrieval system that can locate your assets at
any time.
18 of 55 Statement of Qualifications For Disaster Recovery and Restoration Services 7 July 7, 2020, Item #7
ATTACHMENT 1 SCOPE OF SERVICES
Document Restoration
Our professionals are trained and certified to work on water-damaged documents, x-rays, books,
photos, archival materials and more. We can handle document projects of all sizes using advanced
diagnostic, retrieval, duplication and restoration techniques. We use freeze-drying, air-drying
and desiccant dehumidifying techniques that are aligned to industry standards. We also offer
specialized services such as hand-dry cleaning and freeze-drying. Our secure, climate-controlled
recovery centers have customized drying rooms and electronic deodorization ozone rooms.
Multiple freeze-drying chambers allow us to extract water vapors from books and manuscripts,
maps, business equipment, photos and historical/collectable items.
Categories of Water Damage
Categorizing the contamination level of water in a damaged structure helps us establish an
effective drying strategy. Water contamination levels are grouped into three general categories:
Clean Water
Clean water that originated
from a source that does not
pose substantial harm to
humans. Examples include:
broken water supply lines,
melting ice or snow, falling
rainwater, broken toilet tanks,
etc. Clean water may become
dirty with time as it dissolves
or mixes with soils and other
contaminants.
19 of 55
Gray Water
Gray water contains
a significant level of
contamination and has the
potential to cause discomfort
or sickness if consumed
by or exposed to humans.
Gray water may contain
chemicals, bio-contaminants
(fungal, bacterial, viral, algae),
or other contaminants.
Examples include: discharge
from dishwashers, overflows
from washing machines,
seepage due to hydrostatic
pressure, etc. Gray water that
remains untreated for longer
than 48 hours may escalate
to Category 3.
Statement of Qualifications For Disaster Recovery and Restoration Services 8 July 7, 2020, Item #7
SCOPE OF iERVICES
Mold Remediation
When moisture remains undetected, mold occurs, causing severe damage and health concerns.
It is critical to take care of mold and mildew damage early before it overtakes your entire home,
apartment complex or business. We are experts in mold remediation and offer safe, effective
solutions for mold damage caused by water losses, natural disasters and construction effects. ATl's
goal is to reasonably eliminate mold contamination to prevent and/or control human exposure and
damage to building materials and furnishings. We follow the Institute of Inspection Cleaning and
Certification (IICRC) S500 -Water Damage Restoration and S520 -Mold Remediation standards
when developing our approach for handling microbial-related jobs.
In 2017, ATI completed 2,138 microbial jobs. We offer comprehensive mold removal and remediation
services including:
Initial inspection and testing
Development of work scope •Containment set-up, management and tear-down
Mold removal and discarding of total loss items•Mold remediation and removal of contaminated building materials•Detailed cleaning and decontamination of structures and contents
HVAC cleaning and decontamination•HEPA vacuuming
Air scrubbing•Duct cleaning
Moisture control•Sanding and physical removal of mold growth from the building envelope
Installation and maintenance of HEPA equipment•Negative pressure contaminant monitoring
Work Plan
ATI devises a site specific Work Plan of the procedures to be used in the mold abatement
operation. These procedures are dependent upon the complexity of the removal project. When
developing the Work Plan, ATI considers critical details such as the location and layout of the
decontamination areas, sequencing of the removal work, interface of trades involved in the work,
methods used to assure the safety of ATl's employees, building occupants and visitors to the site,
disposal plan, and methods employed to control contamination. 20 of 55 g Statement of Qualifications For Disaster Recovery and Restoration Services
July 7, 2020, Item #7
•
•
•
ATTACHMENT 1 SCOPE OF SERVICES
ATl's approach to mold remediation includes the following phases:
•Remediation Preparation: Conduct initial site assessment to survey and
document existing conditions and prepare estimate.
•Work Area Isolation: Remove furnishings and contents, post Occupational
Safety and Health Administration (OSHA) warning signs, construct enclosure if
appropriate, deactivate HVAC system, seal off adjacent areas and establish work
area ventilation system using a HEPA air filter.
•Employee Protection: Ensure that all assigned personnel is appropriately
trained in mold remediation and related safety topics, construct personnel
decontamination chamber(s) and require ATI personnel to wear at a minimum,
National Institute for Occupational Safety and Health (NIOSH) approved half
face air purifying respirators with a combination HEPA and either an organic
vapor, sodium hypochlorite, or acid gas filter cartridges (as recommended by
the antimicrobial chemicals manufacturer).
•Cleaning of Contents and Surfaces: Remove contaminated materials and
maintain negative static pressure as instructed by ATl's Work Plan, which may
include removing drywall and insulation and detail cleaning the wall/ceiling
cavity by sanding (wood surfaces) and/or wet wiping with a suitable anti
microbial agent and HEPA vacuuming all accessible non-porous surfaces.
•Clearance Inspection: Complete checklist, perform a thorough visual
inspection and facilitate surface and air sampling, which is typically conducted
by an independent qualified environmental consultant.
•Waste Disposal: Place all contaminated mold waste-including contaminated
materials, disposable personal protective equipment (PPE) and filters-into
clear, plastic bags (minimum 6 mil) and dispose as general construction waste
using a bag-out chamber.
•Close-out Reporting: Provide close-out reporting documentation and
distribute customer surveys.
Antimicrobial Safety and Training
Maintaining a safe working environment for our crews, the facility owner, and
occupants living or working in the affected area is our top priority. We are
committed to performing every mold removal and remediation job by safeguarding
the environment in which we are working and by using the industry's most efficient
methods and equipment to protect our customers and employees. We also follow
all local, state, federal, OSHA and United States Environmental Protection Agency
(EPA) guidelines when performing mold removal and remediation procedures.
To further ensure a safe and effective environmental remediation, our crews are
rigorously trained in mold removal procedures by the Indoor Air Quality Association
(IAQA), IICRC, Restoration Industry Association (RIA), and our in-house trainers. In
addition, all of our operations managers, project managers, project directors, and
regional managers hold Certified Mold Remediation (CMR) certifications.
21 of 55 Statement of Qualifications For Disaster Recovery and Restoration Services 10 July 7, 2020, Item #7
Asbestos and Lead Abatement
Founded in 1989, ATI began as an asbestos abatement service provider, then grew its portfolio to
provide lead abatement and other types of environmental services. With decades of experience
supporting abatement projects, ATI has the capabilities and credentials necessary for safe removal
of asbestos and lead found within a wide range of buildings and facilities.
ATI is a national leader in providing asbestos removal services and is ranked among the top
asbestos abatement contractors in the country by Engineering News-Record. In 2017, ATI
completed approximately 2,700 asbestos/lead remediation jobs.
When is Removal Work Necessary?
Although typically found in structures that were built prior to the early 1980s, asbestos debris
removal is necessary wherever it is found due to its toxicity. Asbestos is often discovered when the
material containing the substance is disturbed. This may happen during a renovation, remodeling
job, demolition or after a natural disaster. Once the contaminated material is disturbed, asbestos
removal is recommended to prevent any potential health threats to the building occupants.
Lead abatement projects may be ordered by a state or local government or may be undertaken
voluntarily to protect the health of facility occupants, including children.
Environmental Abatement Approach
We offer comprehensive asbestos and lead removal services ranging from initial investigation and
recommendation through project completion. For each job, we:
•Prepare a project proposal and budget
•Execute a thorough site investigation for evidence of asbestos and/or lead
•Retrieve and analyze samples
Submit recommendations and finalize a work schedule
Remove asbestos-containing materials and/or lead using industry approved techniques
•Track and compile asbestos and/or lead waste manifests
Prepare and submit a final report detailing project activities and result
22 of 55Statement of Qualifications For Disaster Recovery and Restoration Services 11 July 7, 2020, Item #7
ATTACHMENT 1 SCOPE OF SERVICES
Asbestos Abatement Process Overview
The following process describes how we typically manage an asbestos abatement project.
( Pre-Work Preparation)
Proper preparation of the work area before an asbestos abatement project begins helps to
contain fibers that are released within the work area. Pre-work activities include, but are
not limited to the following:
•Conduct Walkthrough Survey: Before work commences, ATl's project director will
conduct a walkthrough survey to inventory and photograph existing damages. We will
create a photo catalog of the abatement project to document pre-job conditions.
•Hold Pre-Job Briefing: All asbestos removal jobs have different problems and each
require different solutions. ATI supervisors will provide a briefing to workers detailing the
special conditions they will encounter on that job. The scope of work and nature of the
abatement project will be based upon the results of the survey reports and/or asbestos
removal specifications.
•Post Warning Signs: ATI will place OSHA warning signs at each entrance to the work
area. Signs will conform to regulatory standards and inform the reader that breathing
asbestos dust may cause serious bodily harm.
•Secure Electrical System: ATI will de-energize the electrical supply to the work area to
eliminate the potential for a shock hazard. The crew will make provisions for supplying
the work area with electricity from outside the work area. The source will be equipped
with a ground fault interrupt system.
•Shut Down HVAC System: The HVAC system supplying the work area must be shut
down and isolated to prevent entrainment of asbestos dust throughout the facility. All
vents and air ducts inside the work area will be covered and sealed with two layers of 6
mil polyethylene and duct tape.
•Seal Remaining Items with Polyethylene: Items not being removed from the
work area, will be wet-wiped or HEPA vacuumed and wrapped in place with 6 mil
polyethylene and sealed with duct tape. ATI will also seal windows, flooring and walls
to contain the work area.
•Set-Up Work Area Ventilation System: Negative air filtration units will be set up
within the containment and exhausted directly to the outside of the facility to filter the
air and create a pressure differential between the containment and the outside area. At
a minimum, the units will supply one air change every 15 minutes.
•Establish Decontamination Unit: The decontamination unit is designed to allow
passage to and from the work area during removal operations. A typical unit consists of
a clean room, a shower room, and an equipment room separated by airlocks.
( Asbestos Removal)
Before beginning the asbestos removal, the work area, including the floors and walls, will
be sealed off using polyethylene. The decontamination unit and negative air filtration units
will be in place, and the scaffolding, ladders and other small equipment will be brought into
the work area.
23 of 55 Statement of Qualifications For Disaster Recovery and Restoration Services 12 July 7, 2020, Item #7
ATTACHMENT 1 SCOPE OF SERVICES
Gross Removal
All asbestos material will be removed utilizing wet methods, as mandated by the EPA. Material
will be wetted utilizing an amended water solution, removed from the substrate in manageable
sections and placed into properly labeled 6-mil polyethylene bags. Once the bags are filled, they
will be closed, rinsed and double bagged for removal from the work area. The process will include
removing friable materials from ceilings and asbestos-containing Thermal System Insulation (TSI)
from pipes, boilers and tanks. We may use glovebags for removing pipe insulation, which can be
sealed around sections of pipe to form mini-containment areas.
Detailed Cleaning
After gross removal has taken place, the crew will perform detailed cleaning using hand-brushes.
This will aid in getting to fibers that may have become lodged in grooves or crevices in the
substrate surface. The crew will wet the substrate while brushing since the chance of airborne
fiber generation is still present. Once brushing has been completed, the crew will perform a final
wipe down of the substrate with wet, lint-free rags to ensure that all loose fibers have been
eliminated.
( Inspections, Cleanup and Closing out Project)
ATI will complete the following steps to ensure that the abatement work has successfully
been completed to our client's satisfaction, and that we remain in compliance to all applicable
regulations and industry standards.
Visual Inspection and Encapsulation
Following the detailed cleaning, the ATI project supervisor and the independent industrial hygienist
will perform a visual inspection to look for any residual contamination. After approval, the crew
will spray its surfaces with a liquid encapsulant to effectively control the future release of airborne
fibers.
Sprayback or Reinsulation
The next step is often to reapply an adequate substitute for the asbestos-containing material
that was originally present. In most cases, the original asbestos-containing material was probably
used as fireproofing, thermal system insulation, condensation control, or acoustical insulation.
Therefore, it is imperative that the substitute material (sprayback) be capable of the same
functions and have similar functional properties to the original asbestos-containing material. This
material will be chosen during the planning stage of the project.
Final Clearance and Cleanup
When applicable, we will arrange for an independent industrial hygienist to conduct a final
clearance air sample. When the air sampling results indicate that airborne fiber concentration
meets the criteria for clearance, the polyethylene will be removed from vents, stationary objects,
etc. and the critical barriers will be removed.
Transportation and Disposal
All asbestos materials removed from the site will be bagged and properly labeled prior to being
placed into a sealed disposal bin. A licensed and certified hazardous waste hauler will remove the
asbestos-containing material from the site and place into an EPA-approved landfill.
Repairs/Reconstruction
As a licensed, bonded and fully insured general contractor, we offer comprehensive reconstruction
services to restore commercial and industrial structures back to pre-loss condition after
remediation work is complete, if required.
24 of 55 Statement of Qualifications For Disaster Recovery and Restoration Services 13 July 7, 2020, Item #7
ATTACHMENT 1
Close-out Reporting and Documentation
ATI will provide close-out reporting documentation as
agreed upon by our client. We can submit photographic
documentation of the work before and after the
abatement project. ATI also prepares daily logs of both
worker and engineering activities, which can be made
available to our client, upon request.
Safety and Compliance
ATl's environmental experts follow strict protocols
that comply with local, state and federal
regulations, including those administered by the
EPA and OSHA. All ATI employees must pass
annual medical examinations and the highest
level of training related to asbestos and lead
abatement equipment and safety. Asbestos
and lead removal projects are supervised by
competent persons trained by EPA and/or state
accredited training providers.
We maintain written Standard Operating
Procedures for each environmental
discipline that we support, including
asbestos and lead abatement to drive
compliance to standards. When required,
we facilitate sample testing before and
after abatement work by independent
industrial hygienist firms. We also notify
national, state and local environmental
oversight agencies of our work when
required and maintain in good
standing with certification bodies.
During the abatement, we keep
all required documentation on
the job site, including but not
limited to proof of training,
respirator fit testing, and
physical evaluations.
( Employee Protection)
During abatement activities,
workers utilize half-face
HEPA/PAPR protection. Higher
levels of protection are utilized
if necessary, based upon
sampling levels. Additionally, all
personnel on-site will be required
to wear proper protective clothing,
including hooded Tyvek suits,
gloves and boots.
25 of 55 Statement of Qualifications For Disaster Recovery and Restoration Services
SCOPE OF SERVICES
\
14 July 7, 2020, Item #7
toNTAINS
c.~VOID ~VO.°o1' AND LUNG ~INGAI
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~-
ATTACHMENT 1
Fire and Smoke Damage Restoration
Fire losses must be handled with special care since many types of materials can fuel a fire. Large
amounts of water are required to extinguish the blaze, thus introducing risks of corrosion, mold,
and mildew growth. ATI has the trained personnel and equipment to handle all aspects of fire
damage, large or small.
We understand the complexities of fire remediation and understand that materials, equipment
and techniques can ·often vary substantially with each job. Our restoration professionals are well
versed in the recognition of environmental and health issues that may arise from fire residue, heat
and moisture, which may impact our work plans.
Our fire and smoke damage restoration can encompass some or all of these services:
Emergency services
Stabilization
Board-ups and temporary repairs
Structural repairs
Debris removal
Wet cleaning and dry soot removal
HVAC cleaning/decontamination
On-location and off-site cleaning
Immediate Response
Thorough pack-out, pack-in
Complete contents recovery
Building restoration and drying
Electronics restoration
Deodorization
Demolition
Reconstruction
When a fire occurs, ensuring the safety of your property is our most immediate concern. Within
hours of notification, ATl's emergency response team will be on-site to secure your business
or home so that the structure and its contents are left in place for the insurance company's
inspection. We will first board up any building openings, such as entry doors, garage doors, and
windows that were damaged either by the fire department or the fire itself. Next, we will tarp the
roof to ensure that secondary damage does not occur in case of rain, wind or snow. Then, we will
properly secure the property to prevent vandalism and theft.
Debris Removal
Once we complete a site walk to determine the extent of damage and prepare an estimate, we
will begin the remediation process, which typically begins with debris removal, depending on the
severity of the fire damage. We will then perform initial deodorization to gear up for the rest of the
remediation project that will follow.
26 of 55 Statement of Qualifications For Disaster Recovery and Restoration Services 15 July 7, 2020, Item #7
Drying Out Water Damage ATTACHMENT 1
ATI is prepared to handle the water and moisture
that lingers after a fire is put out. Depending on the
condition of the property damage, and if it is safe
to do so, a thorough dry down of the area will be
initiated for mold prevention. This step will halt
mildew growth and prepare for the next step of the
fire damage restoration.
Deodorization and Cleaning
Most buildings and their contents that
endure fire damage show evidence of severe
soot fallout and contamination, as well
as a lingering odor that must be treated
professionally. Extensive cleaning of the
facility's HVAC system, furniture, contents,
walls/ceilings, floors, decorative furnishings
and fixtures is necessary to avoid exposure
to lingering particulate and smoke that can
irritate the eyes and throat. To properly
remediate these conditions, we remove odor
from the area and clean the entire facility and
its contents.
Materials are triaged into categories of waste
(which are then properly disposed), fire/smoke
damaged or water/mold damaged due to the
firefighting effort. Similar to our water damage
service, we conduct on-site cleaning when possible
and can also treat contents in our recovery centers
when necessary. Our secure, climate-controlled
recovery centers feature customized drying
rooms, electronic deodorization ozone
rooms and thermal fogging.
Electronics Recovery
Proper handling of electronics is critical
to preventing corrosion and particulate
interferences. Our trained electronics
restoration personnel will carefully
inspect each piece to replace parts and
perform maintenance and calibration as
necessary.
Structural Reconstruction Services
ATI is a licensed, bonded and fully insured
general contractor equipped to handle full
reconstruction of a burned-out building.
As a crucial part of almost every recovery
process, reconstruction is included under
our umbrella of services. Our regional in
house cabinet shops handle all cabinetry
and millwork jobs with skill and craftsmanship,
and ou2fof§5 of in-house carpenters assist with
installation and on-site finish work.
July 7, 2020, Item #7
Catastrophe Response
When catastrophe strikes-whether in the form of a sudden force of nature or devastating
manmade event-ATI is available to assist our clients. ATI has been called to the scene of some of
the largest catastrophes in recorded history, performing disaster recovery services on thousands
of projects. We have experience supporting customers who have endured property damage due to
major hurricanes, floods and fires, etc.
Recent Projects Involving Catastrophic Losses
2018
2017
2016
2015
California wine country fires
Colorado hail storms, Hurricane Irma, Hurricane Harvey, Santa Barbara,
California flooding
Hurricane Matthew, Hurricane Hermine, southern region flooding, Texas hail
storms and Mountain State monsoons
Southern region flooding, Texas hail storms, Washington and California
wildfires, Northwest winter storms and the Mountain State monsoons
In addition to our regional offices, we maintain forty-foot semi-trailers loaded with catastrophe
supplies and equipment at strategic locations across the country. Before dangerous weather,
or whenever required, ATI will dispatch our elite Catastrophe Response Team (CAT Team) and
determine where to stage the equipment trailers to serve ATI customers requiring emergency
services and restoration expertise.
With catastrophe experts and trailers located strategically throughout the country, ATI is ready
to launch a coordinated effort to restore your property. We will work with you to assess damage
and outline project scope, including necessary emergency services and repair verses replacement
options. We will adhere to environmental and safety protocols, provide thorough documentation
and minimize disruptions as much as possible. Depending on the nature of the loss, we may 28 of 55 17 Statement of Qualifications For Disaster Recovery and Restoration Services
July 7, 2020, Item #7
ATTACHMENT 1 SCOPE OF SERVICES
construct board-ups or temporary walls for stabilization at the onset of the project. Throughout
the restoration process, the CAT Team is in constant contact with insurance adjusters and clients
who represent our customers' properties.
Structures and contents may experience all types of damage resulting from fire, smoke, soot and
water damage, as well as, microbial contamination and corrosion. ATI understands the complexities
of remediation and brings the skill level and tools necessary to restore our clients' properties. Our
CAT Team is well-versed in performing services such as:
•Environmental Remediation -removal and disposal of hazardous waste such as asbestos,
lead, polychlorinated biphenyls (PCBs), and other hazardous materials
•Demolition -assessment of damaged areas to determine what can be restored or returned to
operation, then removal of charred/wet debris and structural materials
•Odor Removal -deployment of new technologies and chemicals to control odors on both a
short and long-term basis
•HVAC Systems -cleaning, deodorization, and encapsulation of HVAC systems to reduce or
eliminate the need for replacement after smoke and soot damage
•Electronic Data Processing Equipment -halting of initial corrosion then chemical and
physical reconditioning
•Documents/Valuable Papers -hand dry and Freon cleaning of contaminated documents;
freeze drying and vacuum drying wet papers
•General Cleaning of Contents and Furnishings -thorough cleaning of floors, walls, ceilings,
fixtures, windows, furniture, draperies, upholstery, small contents, wall hangings, files, books,
etc.
•Mechanical Shaft and Elevator -decontamination of interior shafts and elevator hoists
•Encapsulation of Structural Surfaces -application of pigmented sealer to surfaces that
cannot be cleaned or restored back to original condition to eliminate future odor problems
July 7, 2020, Item #7
Biohazard Decontamination
Through years of on-the-job experience and extensive
training, our professionals are keenly aware of the
challenges surrounding biohazard jobs. As a result,
we are sensitive to the human side of biohazard
work. ATl's professionally trained crews are equipped
to handle a variety of jobs including, but not limited
to, infectious disease decontamination, bioterrorism
decontamination, crime scene cleanup, workplace
accident cleanup, animal carcass/bird dropping
removal and other related projects.
We complete our work quickly, efficiently and safely
according to industry protocols. Our project managers
and technicians are trained in bio-recovery standards,
trauma scene waste management, blood-borne
pathogens and hazardous materials. ATI maintains
a comprehensive record of biohazard certifications,
licenses, safety documentation and references.
Additionally, ATI is a certified firm with the American
Bio-Recovery Association (ABRA).
30 of 55 Statement of Qualifications For Disaster Recovery and Re
SCOPE OF SERVICES
July 7, 2020, Item #7
SCOPE OF SERVICES
,. Demolition
ATI provides complete or selective interior demolition services after property damage and during
reconstruction. We are highly experienced in handling demolition projects after fire or water
damage and during structural remodels and additions. Our experts get the job done quickly,
efficiently and aim to minimize disruption to everyday life during this process. ATI performs
demolition services on private homes, apartment complexes, hospitals, commercial buildings, and
industrial facilities.
Demolition Capabilities
•Interior demolition: Selective or hand demolition methods are used when a specific area
within the structure's interior must be demolished. Our demolition crews have the experience
necessary to support complicated jobs and are well qualified to handle demolition projects that
require working within a contained area-without disturbing surrounding materials.
•Complete demolition: We provide manual or mechanical tear-downs when complete demolition
of a structure is required. For smaller buildings, we use hydraulic equipment, such as elevated
work platforms, cranes, bulldozers or excavators. For larger buildings, we typically use wrecking
balls or excavators with rotational hydraulic shears and silenced rock-breakers.
31 of 55 Statement of Qualifications For Disaster Recovery and Restoration Services 20 July 7, 2020, Item #7
ATTACHMENT 1 SCOPE OF SERVICES
Pre-Demolition Prep Work
Our demolition professionals are prepared to assist in completing the critical steps that are often
necessary before demolition can occur. These steps include:
•Developing site-specific safety and work plans
Performing asbestos abatement
Obtaining required permits•Submitting necessary notifications
Disconnecting utilities
Baiting rodents
Demolition Process Overview
Once we have completed all pre-work, ATl's demolition crew will construct critical barriers and
remove all building materials, which may include doors, carpets and some walls (interior and
exterior). The crew will then remove items like light tubes and ballasts, light fixtures, ceiling
panels, fireproofing, thermal insulation, and pipes. Finally, the crew begins the full demolition
according to the project plan and removes waste during and after the demolition. For hazardous
demolition, the crew will fully contain work areas using negative air pressure and don the
appropriate PPE.
Commitment to Safety and Technical Expertise
We take time to determine the best protocol and engage our safety department to analyze the
plan and scope of work before we begin the demolition.
ATI employs in-house operators who are trained to use different types of equipment to take down
any building. We require all field workers to complete the necessary safety and operations training
to create a safe working environment. All of our demolition workers are trained on safety topics
including fall protection, electrical safety, hearing conservation and more.
Before doing any demolition work, we select, inspect, wear and use the PPE that is suitable for the
demolition project.
July 7, 2020, Item #7
Reconstruction
As a licensed, bonded and fully insured general contractor, we offer comprehensive reconstruction
services to restore structures back to pre-loss condition. ATI reconstruction projects typically
follow emergency-type situations (i.e. fires, water leaks, natural disasters, etc.) or environmental
remediation work. As such, our reconstruction service offering enables us to manage our client's
loss through its entire lifecycle, from initial response all the way through project completion.
With every job, ATI assigns a project director and project manager to oversee each reconstruction
and serve as points of contact from start to finish. Once the project director prepares a cost
estimate and the client signs a contract detailing scope of work and budget, our reconstruction
crew gets to work. The entire crew works hard to ensure reconstruction jobs are completed on
time, within budget and with all necessary documentation.
Our project directors are trained to manage and monitor most trades involved in reconstruction
jobs, including, but not limited to:
Concrete
Roofing
Framing
Asphalt
Plaster
Flooring
Countertops
Millwork
Hardware
Cabinets
Plumbing
Fire systems
Doors
Painting
HVAC In stallati on/finish
33 of 55 Statement of Qualifications For Disaster Recovery and Restoration Services 22 July 7, 2020, Item #7
ATTACHMENT 1
Equipment List
ATI owns equipment that enables us to perform emergency services and reconstruction
work. To date, we own over 18,000 pieces of equipment nationwide, with plans for
additional purchases. We regularly update equipment inventories with the latest
technology and have purchasing agreements in place with our suppliers to ensure a
steady supply of equipment, whenever needed. Due to our large footprint, we have
established pre-negotiated pricing on equipment to control costs.
July 7, 2020, Item #7
ATTACHMENT 1 SCOPE OF SERVICES
All Current Equipment Breakdown
The following pieces of equipment are available at each of our offices:
Type Qty Type Qty
Air compressor-various sizes 35 Manometer 49
Air hammer 3 Micromanmeter 1
Air movers-various types 6339 Negative air machine-various sizes 2210
Air wolf floor drying system 3 Ozone machine-various sizes 77
Airless sprayers-various sizes 45 Particle counter 2
Chipping hammer-various sizes 3 Poi cart 6
Circular saw 1 Portable air conditioner-various sizes 64
Cold jet blaster-various sizes 4 Portable shower 16
Cut-off saw various sizes 3 Power brush-various sizes 5
Dehumidifiers-various sizes 2650 Power distribution box-various sizes 3
Demo cart small 2 Pressure washer-various sizes 57
Desiccant dehumidifiers-various sizes 28 Propane heater-small 3
Dri-Eaz cavity drying system 2 Protimeter 3
Duct cleaner-various sizes 2 Rotary hammer 1
Electric generator-various sizes 23 Sand blaster-regular 1
Electric heater 5 Soda blaster 1
Electric jack hammer 2 Spider box 285
Electric thermal exchanger 17 Steam cleaner 2
Electronic 50amp heater 6 Sub pump-regular 3
Film cutter 16" 1 Texture sprayer 1
Floor buffer 55 Thermal camera 1
Floor fan-various sizes 15 Thermal fogger 16
Flow hood 1 Tower fan 6
Generator-various sizes 54 Ulpa vac high tech/clean room 1
Halogen light wobble lamp 2 Upright vacuum 16
HEPA vacuum-various sizes 824 Uvdi light-various sizes 4
HVC collector-various sizes 14 Vapor tech-various sizes 46
Hydroxyl odor processer 150 Shop vacuum 1
Ice blaster 1 Water filtration system 5
Infrared camara-various types 2 Water heater 5
lnjectidry wood floor drying system 17 Water pump-various sizes 41
Inspection scope 1 Water/carpet extractor-various sizes 172
Jack hammer 2 Wheelbarrow cement mixer 1
Control cube mobile containment 6
35 of 55 Statement of Qualifications For Disaster Recovery and Restoration Services 30 July 7, 2020, Item #7
ATTACHMENT 2 SCHEDULE OF RATES Schedule A Labor
All Divisions · Page 1 of 4
PROJECT MANAGEMENT
CLASS I Fl CATION
HEALTH & SAFETY OFFICER
PROJECT DIRECTOR
PROJECT DIRECTOR, SENIOR
PROJECT DIRECTOR, EXECUTIVE
PROJECT ESTIMATOR
PROJECT MANAGER
PROJECT MANAGER, LARGE LOSS
SERVICE LABOR
CLASS I Fl CATION
GENERAL LABORER
SUPERVISOR, BIOHAZARD
SUPERINTENDENT, LARGE LOSS
SUPERVISOR, HEALTHCARE/ENVIRO
SUPERVISOR, IT
SUPERVISOR, RESTORATION
SUPERVISOR, TECHNICAL
SKILLED TECHNICIAN, BIOHAZARD
SKILLED TECHNICIAN, ELECTRONICS/EQUIPMENT
SKILLED TECHNICIAN, HEALTHCARE/ENVIRO
SKILLED TECHNICIAN, IT
SKILLED TECHNICIAN, RESTORATION
SKILLED TECHNICIAN, RESTORATION, LEADER
SKILLED TECHNICIAN, TECHNICAL SERVICES
THERMOGRAPHER /DRYING / MOISTURE MAPPING
ENGINEER, IT
TRADE LABOR
CLASSIFICATION
CABINET MAKER
CARPENTER
CEMENT MASON/FINISHER
DRYWALLER
ELECTRICIAN
EQUIPMENT OPERATOR
FENCING ERECTOR
FLOORING INSTALLER
HVAC MECHANIC
36 of 55
�ATI DISASTER RECOVERY SERVICES
HOURLY RATE
$80
$110
$131
$151
$100
$95
$125
HOURLY RATE
$40
$140
$101
$75
$251
$60
$110
$110
$136
$65
$167
$54
$59
$85
$63
$261
HOURLY RATE
$97
$70
$100
$88
$125
$107
$80
$85
$150
ATI TIME & MATERIALS VERSION 2020-04-10 I 2 �
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July 7, 2020, Item #7
, . • • • • ~' I r ti ' j
Schedule A Labor
All Divisions · Page 2 of 4
TRADE LABOR
CLASSIFICATION
INSULATION INSTALLER
PAINTER/WALL COVERING
PLASTERER
PLUMBER
ROOFER
SKILLED GENERAL LABORER
SKILLED TECHNICIAN -DEMOLITION
STEEL FABRICATOR
TILE SETTER
WOOD FLOORING INSTALLER
ADMINISTRATIVE/EXECUTIVE
CLASSIFICATION
ADMINISTRATIVE ASSISTANT
RESOURCE COORDINATOR
WAREHOUSE LO GISTICS MANAGER
EXECUTIVE MANAGER
CONSULTING
CLASSIFICATION
VP -VICE PRESIDENT, CONSULTING
D -DIRECTOR, CONSULTING
S1 -SENIOR CONSULTANT 1
S2 -SENIOR CONSULTANT 2
S3 -SENIOR CONSULTANT 3
CLERK/TECHNICIAN
37 of 55
ATTACHMENT 2 SCHEDULE OF RATES �ATI DISASTER RECOVERY SERVICES
HOURLY RATE
$90
$75
$120
$145
$130
$47
$69
$94
$85
$90
HOURLY RATE
$40
$45
$75
$251
HOURLY RATE
$215
$195
$175
$165
$155
$110
ATI TIME & MATERIALS VERSION 2020-04-10 I 3 �
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July 7, 2020, Item #7
_ ~ < I 7 I 1
ATTACHMENT 2 SCHEDULE OF RATES Schedule A Labor �ATI DISASTER RECOVERY SERVICES
All Divisions · Page 3 of 4
CODE DESCRIPTION
CATASTROPHE FOR ALL CATASTROPHE JOBS, ATI WILL CHARGE A FEE TOTALING 5% OF THE TOTAL
INVOICE. THIS FEE WILL ASSIST IN COVERING CORPORATE OVERSIGHT,
MANAGEMENT, INCLUDING: LARGE LOSS/CAT MANAGEMENT, ADMINISTRATIVE SUPPORT, WAREHOUSING, ACCOUNTS PAYABLE AND RECEIVABLE, LEGAL FEES,
THE LOGISTICS OF REROUTING VITAL COMPANY RESOURCES, AND INCREASED
LABOR RATES FOR TRAVELING STAFF.
A CATASTROPHE IS DEFINED AS FOLLOWS:
-ANY LOCAL, REGIONAL, OR NATIONAL STATE OF EMERGENCY-ANY DISASTER RESULTING IN A RESPONSE FROM FEMA -ANY JOB FOR WHICH ATI DEPLOYS THEIR CATASTROPHE TEAM
-ANY NON-CONSTRUCTION LEAD EXCEEDING ONE MILLION DOLLARS IN VALUE
CONSTRUCTION T&M FOR ALL CONSTRUCTION TIME AND MATERIAL PROJECTS, A 20% OVERHEAD
JOBS FACTOR, PLUS A 10% PROFIT FACTOR WILL BE APPLIED TO THE ENTIRE ESTIMATE,INCLUDING: LABOR, MATERIALS, EQUIPMENT, SUBCONTRACTORS/VENDORS,
EXPENSES, AND PER DIEM.
COSTS PLUS 20% PLUS SUBCONTRACTORS, VENDORS, TRAVEL, LODGING, FREIGHT, TRANSPORTATION,
10%TAXES, PERMITS AND ALL OTHER COSTS WILL BE INVOICED AT COST PLUS 20%
OVERHEAD, PLUS 10% PROFIT.
EMERGENCY FEE ALL JOBS PERFORMED AFTER NORMAL BUSINESS HOURS WILL BE CHARGED AN
EMERGENCY SERVICE FEE OF $250.00. NORMAL BUSINESS HOURS ARE MONDAY
THROUGH FRIDAY 8:00 AM TO 5:00 PM.
HOLIDAYS ATI STAFF WORKING HOLIDAYS WILL BE PAID DOUBLE TIME. ATI RECOGNIZES THE
FOLLOWING NATIONAL HOLIDAYS: NEW YEAR'S EVE, NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, CHRISTMAS EVE, AND
CHRISTMAS DAY. FEDERAL, STATE AND LOCAL GOVERNMENT WORK MAY REQUIRE
ADDITIONAL PAID HOLIDAYS WHICH WILL ALSO BE PAID AND CHARGED
DOUBLETIME.
INSURED'S EMPLOYEES ATI WILL Cf-:IARGE $3.50 PER PERSON PER HOUR OF SUPERVISION OF INSURED'SEMPLOYEES.
LABOR CLASSIFICATION ALL OUTSIDE LABOR FOR THE SCOPE OF THE PROJECT WILL BE BILLED
ACCORDING TO THE LABOR CLASSIFICATION AND HOURLY RATES PUBLISHED IN
THIS DOCUMENT PLUS ALL APPLICABLE FEES SUCH AS PER DIEM, SMALL TOOLS,
VEHICLES, LODGING, ETC. FOR OUTSIDE LABOR PROVIDED OUTSIDE OF THE RATES
PUBLISHED IN THIS DOCUMENT, INVOICES FOR LABOR WILL BE SUBJECT TO A 20%OVERHEAD, PLUS A 10% PROFIT MARK-UP.
OVERTIME ATI PAYS ITS EMPLOYEES IN ACCORDANCE WITH ALL APPLICABLE OVERTIME LAWS.
IN ALASKA, CALIFORNIA, NEVADA, PUERTO RICO, AND THE VIRGIN ISLANDS, OVER-
TIME IS EARNED AFTER 8 HOURS OF WORK IN A SINGLE DAY. IN CALIFORNIA, DOU-
BLETIME IS EARNED AFTER 12 HOURS IN A SINGLE WORKDAY AND AFTER 8 HOURSON SUNDAY. IN COLORADO, OVERTIME IS EARNED AFTER 12 HOURS OF WORK IN
A SINGLE DAY. IN ALL OTHER STATES, AN EMPLOYEE BEGINS TO EARN OVERTIME
AFTER COMPLETING 40 HOURS OF WORK IN A MONDAY THROUGH RIDAY WEEK.
IN ALL STATES, ALL HOURS WORKED ON SATURDAY AND SUNDAY ARE
CONSIDERED OVERTIME. ADDITIONALLY, ALL HOURS WORKED ARE CUMULATIVEOVER ALL JOBS. HOURS ARE BILLED TO JOBS ACCORDING TO THE EMPLOYEE'S
OVERTIME ELIGIBILITY WHEN THE HOURS ARE WORKED BY THE EMPLOYEE. THESE
OVERTIME BILLING RATES SHALL APPLY REGARDLESS OF HOW MANY HOURS THE
EMPLOYEE HAS SPENT ON THE RELEVANT PROJECT. EXAMPLE: IF A TECH WORKS
30 HOURS ON ONE JOB AND WORKS 20 HOURS ON THE NEXT JOB, THAT SECOND
JOB WILL BE BILLED FOR 10 REGULAR HOURS AND 10 OVERTIME HOURS.
38 of 55 ATI TIME & MATERIALS VERSION 2020-04-10 I 4 �
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July 7, 2020, Item #7
ATTACHMENT 2 SCHEDULE OF RATES Schedule A Labor �ATI DISASTER RECOVERY SERVICES
All Divisions · Page 4 of 4
CODE DESCRIPTION
TRAVEL PER DIEM FOR PROJECTS INVOLVING TRAVEL AND/OR OVERNIGHT STAYS, ATI PROVIDES PERDIEM IN ACCORDANCE WITH THE U.S. GENERAL SERVICES ADMINISTRATION'S PUBLISHED PER DIEM RATES. THESE RATES CAN BE FOUND AT HTTPS://WWW.GSA.GOVLTRAVELLPLAN-BOOKLPER-DIEM-RATES. PER DIEM RATES ARE SUBJECT TO A 20% OVERHEAD FACTOR PLUS A 10% PROFIT FACTOR.
PREMIUM WAGES WHEN WORKING IN AND AROUND HIGH COST-OF-LIVING AREAS SUCH AS WASHINGTON DC, NEW YORK, ALASKA, HAWAII, AND INTERNATIONALLY, A 25% PREMIUM WILL BE APPLIED TO ALL LABOR RATES IN ORDER TO ACCOUNT FOR INCREASED COSTS. THIS PREMIUM IS THE MINIMUM AND IS SUBJECT TO CHANGE.ANY MODIFICATIONS TO THE MULTIPLIER WILL BE SUBMITTED IN WRITING ANDWILL BECOME PART OF THIS AGREEMENT.
PREVAILING WAGE & WORK PERFORMED UNDER A CONTRACT SUBJECT TO FEDERAL AND STATE WAGEUNION AND HOURS LAWS, PREVAILING WAGES, AND/OR COLLECTIVE BARGAINING AGREEMENTS MAY REQUIRE NEGOTIATED CHANGES TO THE ABOVE RATES. AS PREVAILING WAGES VARY BY JURISDICTION, SUCH RATES WILL BE PROVIDED ON A
CASE-BY-CASE BASIS. GENERALLY, OUR PREVAILING WAGE RATES WILL BE BASED
ON THE FOLLOWING FORMULAS:
IN-HOUSE STAFF= [BASE RATE+ FRINGE RATE] X 1.94OUTSIDE STAFF= [BASE RATE+ FRINGE RATE] X 2.32
STANDARD RATE STANDARD RATES ARE RATES THAT APPLY TO WORK PERFORMED WITHIN STANDARD BUSINESS HOURS: 8:00 AM-5:00 PM, MONDAY THROUGH FRIDAY FORNON-GOVERNMENT ENTITIES.
OUR RATES FOR LABOR, MATERIALS, AND EQUIPMENT DO NOT INCLUDE THE COSTS
OF LOCAL AND STATE TAXES, LICENSING, OR PERMIT FEES.
STAND-BY A MINIMUM STAND-BY CHARGE OF 4 HOURS PER EMPLOYEE WILL BE BILLED.
TRAVEL TIME THE HOURLY SCHEDULED LABOR RATES ARE BILLED PORTAL TO PORTAL [I.E. OFFICE TO JOBSITE OR JOBSITE TO JOBSITE] FOR ATI EMPLOYEES, VENDORS,AND SUBCONTRACTORS.
WORK WEEK THE WORK WEEK WILL BEGIN ON MONDAY AND END ON SUNDAY.
39 of 55 ATI TIME & MATERIALS VERSION 2020-04-10 I 5 �
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July 7, 2020, Item #7
-----------------------
Schedule B Materials
All Divisions · Page 1 of 9
DESCRIPTION
ABSORBANT BEAD/QUICK SORB
ABSORBANT PAD
ABSORBANT PAD HEAVY DUTY
ABSORBANT SAFETY SPILL KIT
ADHESIVE SPRAY
AIR BLAST NOZZLE
AIR CASSETTES 37MM LEAD
AIR CASSETTES ASBESTOS
AIR NEUTRALIZER
AIR WHIP MULTI-WHIP
ALCOHOL ISOPROPYL
ANABEC
BAG HEPA VAC 12GL
BAG HEPA VAC 2.5 GL
BAG HEPA VAC 5GL
BAGS 2MIL 30 X 40 CLEAR
BAGS 3MIL 30 X 40 CLEAR
BAGS 3MIL BLACK GARBAGE
BAGS 6MIL 30 X 40 "A"
BAGS 6MIL 30 X 40 "NON-HAZ"
BAGS 6MIL 30 X 40 CLEAR
BAGS 6MIL 33 X 50 CLEAR
BAGS BIOHAZARD 33 GL
BIOHAZARD 14 GALLON CAN
BIOHAZARD 6 GALLON CAN
BLADES 2" HYDE CARBIDE 2 EDGE
BLADES 2" TILE BAR
BLADES 3.5"' TILE BAR
BLADES 4" RAZOR SCRAPER
BLADES 8" FLOOR SCRAPER
BLADES CARBIDE CUTTER
BLADES DIAMOND PLATE EDGER 7"
BLADES KETT SAW DRYWALL
BLADES KETT SAW PLASTER
BLADES SAWZALL Bl METAL
BLADES SAWZALL WOOD
BOOTIES SHOE COVER
BOOTS RUBBER
BOOTS YELLOW HAZMAT DISPOSABLE
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ATTACHMENT 2 SCHEDULE OF RATES �ATI
CATEGORY UOM
CHEMICALS BG
CHEMICALS BX
CHEMICALS RL
PPE EA
CONTAINMENTS CN
HVAC EA
AIR MONITORING EA
AIR MONITORING EA
CHEMICALS GL
HVAC EA
CHEMICALS GL
CHEMICALS GL
DISPOSAL EA
DISPOSAL EA
DISPOSAL EA
DISPOSAL RL
DISPOSAL RL
DISPOSAL BX
DISPOSAL RL
DISPOSAL RL
DISPOSAL RL
DISPOSAL RL
DISPOSAL RL
DISPOSAL EA
DISPOSAL EA
BLADES EA
BLADES EA
BLADES EA
BLADES EA
BLADES EA
BLADES EA
BLADES EA
BLADES EA
BLADES EA
BLADES EA
BLADES EA
PPE PR
PPE PR
PPE PR
DISASTER RECOVERY SERVICES
RATE
$21
$64
$130
$93
$10
$150
$3
$2
$25
$195
$145
$58
$8
$7
$7
$45
$51
$30
$96
$94
$94
$124
$79
$180
$150
$17
$19
$22
$1
$2
$30
$90
$30
$110
$4
$5
$1
$45
$15
ATI TIME & MATERIALS VERSION 2020-04-10 I 6 �
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July 7, 2020, Item #7
ATTACHMENT 2 SCHEDULE OF RATES Schedule B Materials
All Divisions · Page 2 of 9
DESCRIPTION
BOX DISH
BOX DOCUMENT/BANKER WITH LID
BOX FREEZE DRY
BOX LAMP
BOX LARGE WHITE 4.5 CUBIC FOOT
BOX MIRROR
BOX SMALL WHITE 1.5 CUBIC FOOT
BOX WARDROBE 24"
BOX X-RAY
BRUSH NYLON TOOTHBRUSH
BRUSH SCRUB
BRUSH STEEL TOOTHBRUSH
BRUSH UTILITY
BUBBLE WRAP ANTI STATIC SM 24 X 750
BUBBLE WRAP CUSHION PACK 48"'
BUBBLE WRAP LARGE 24 X 250 1/2"
BUBBLE WRAP LARGE 48 X 250
BUBBLE WRAP SMALL 24 X 750 3/16"
CARPET MASK/SHIELD
CLEANER BROAD SPECTRUM
CLEANER BROAD SPECTRUM
CLEANER CARPET EMULSIFIER
CLEANER CONTACT & CIRCUIT BOARD
CLEANER GERMICIDAL
CLEANER GERMICIDAL CONCENTRATE 3/121 FO
CLEANER GERMICIDAL CONCENTRATE 8/64 FO
CLEANER GLASS
CLEANER HEAVY DUTY
CLEAN ER LEAD
CLEANER MICRO COIL CLEANER
CLEANER OVEN/GRILL
CLEANER POWER COIL CLEANER
CLEANER SIMPLE GREEN
CLEANER WALL WASH
COROPLAST SHEET
CORRUGATED CARDBOARD 48"
COVERALLS 2oz
COVERALLS BLUE A60
COVERALLS TYVEK
41 of 55
�ATI
CATEGORY UOM
CONTENTS EA
CONTENTS EA
CONTENTS EA
CONTENTS EA
CONTENTS EA
CONTENTS EA
CONTENTS EA
CONTENTS EA
CONTENTS EA
CLEANING EA
CLEANING EA
CLEANING EA
CLEANING EA
CONTENTS RL
CONTENTS RL
CONTENTS RL
CONTENTS RL
CONTENTS RL
SURFACE PROTECTION RL
CHEMICALS GL
CHEMICALS PL
CHEMICALS GL
CHEMICALS CN
CHEMICALS GL
CHEMICALS GL
CHEMICALS BTL
CHEMICALS CN
CHEMICALS GL
CHEMICALS GL
CHEMICALS EA
CHEMICALS GL
CHEMICALS EA
CHEMICALS GL
CHEMICALS GL
SURFACE PROTECTION EA
SURFACE PROTECTION RL
PPE EA
PPE EA
PPE EA
DISASTER RECOVERY SERVICES
RATE
$11
$9
$12
$9
$8
$9
$4
$19
$20
$3
$10
$3
$8
$335
$360
$120
$185
$320
$120
$55
$195
$22
$26
$58
$15
$85
$10
$70
$40
$90
$9
$47
$45
$100
$28
$215
$7
$20
$16
ATI TIME & MATERIALS VERSION 2020-04-10 I 7 �
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July 7, 2020, Item #7
Schedule B Materials
All Divisions · Page 3 of 9
DESCRIPTION
COVERALLS YELLOW
CREAM CLEANSER
DEFOAMER
DEGREASER REGULAR OR WORKHORSE
DEODORIZER BOTANICAL
DEODORIZER MOUNTAIN AIR
DEODORIZER SMOKE/ODOR
DEODORIZER THERMAL FOG
DEODORIZOR DUCT ODOR ELIMINATOR
DESSICANT BEADS
DETERGENT DISH
DETERGENT LAUNDRY
DISINFECTANT SHOCKWAVE
DISINFECTANT 4-IN-1 12/14 OZ
DISINFECTANT BOTANICAL
DISINFECTANT GERMICIDAL
DISINFECTANT HYDROGEN PEROXIDE 4/128 FO
[COMMERCIAL]
DISINFECTANT HYDROGEN PEROXIDE 9/32 FO[COMMERCIAL]
DISINFECTANT PHENOL
DISINFECTANT QUATERNARY
DISINFECTANT SPORICIDIN
DISINFECTANT SURFACE
DISPOSABLE DECON
DRY ICE
DUCT LINER 1" 3' X 100'
DUCT MASTIC
ENCAPSULANT CLEAR
ENCAPSULANT FUNGICIDAL
ENCAPSULANT HEAVY DUTY
ENCAPSULANT SMOKE/ODOR
ENCAPSULANT WHITE
FILTER 20 MICRON SHOWER
FILTER 5 MICRON SHOWER
FILTER CHARCOAL/CARBON MEDIA
FILTER CUBE 24 X 24 X 15 NIKRO
FILTER HAKO PROTECTOR
FILTER HEPA 12 X 12 X 12
FILTER HEPA 16 X 16 X 12
42 of 55
ATTACHMENT 2 SCHEDULE OF RATES �ATI
CATEGORY UOM
PPE EA
CHEMICALS CN
CHEMICALS GL
CHEMICALS GL
CHEMICALS GL
CHEMICALS GL
CHEMICALS GL
CHEMICALS GL
CHEMICALS BTL
CHEMICALS PAIL
CHEMICALS GL
CHEMICALS EA
CHEMICALS GL
CHEMICALS BTL
CHEMICALS GL
CHEMICALS GL
CHEMICALS GL
CHEMICALS BTL
CHEMICALS GL
CHEMICALS GL
CHEMICALS GL
CHEMICALS GL
CONTAINMENTS EA
CHEMICALS LB
HVAC RL
HVAC GL
CHEMICALS GL
CHEMICALS GL
CHEMICALS 5GL
CHEMICALS GL
CHEMICALS GL
FILTER EA
FILTER EA
FILTER FT
FILTER EA
FILTER EA
FILTER EA
FILTER EA
DISASTER RECOVERY SERVICES
RATE
$20
$20
$44
$16
$80
$45
$120
$160
$45
$125
$52
$75
$100
$16
$100
$85
$89
$12
$70
$100
$75
$170
$435
$7
$625
$52
$30
$175
$325
$83
$57
$9
$9
$4
$85
$13
$200
$275
ATI TIME & MATERIALS VERSION 2020-04-10 I 8 �
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July 7, 2020, Item #7
Schedule B Materials
All Divisions · Page 4 of 9
DESCRIPTION
FILTER HEPA 16 X 16 X 6
FILTER HEPA 18 X 18 X 12
FILTER HEPA 24 X 16 X 12
FILTER HEPA 24 X 24 X 12
FILTER HEPA 24 X 24 X 12 NIKRO
FILTER HEPA VAC 12GL
FILTER HEPA VAC 5GL
FILTER HEPA VAC PLEATED 15 X 15 X 6 [NITRO]
FILTER NILFISK STD MICRO
FILTER NORTH 1/2 COMBO
FILTER NORTH 1/2 RESPIRATOR
FILTER PAPR
FILTER PLEATED 12 X 12 X 1
FILTER PLEATED 12 X 12 X 1 CARBON
FILTER PLEATED 12 X 12 X 2
FILTER PLEATED 12 X 12 X 2 CARBON C100
FILTER PLEATED 12 X 12 X 2 CARBON C200
FILTER PLEATED 16 X 16 X 1 CARBON
FILTER PLEATED 16 X 16 X 2
FILTER PLEATED 16 X 16 X 2 CARBON
FILTER PLEATED 16 X 20 X 2
FILTER PLEATED 16 X 24 X 2
FILTER PLEATED 16 X 24 X 2 CARBON C100
FILTER PLEATED 16 X 24 X 2 CARBON C200
FILTER PLEATED 24 X 18
Fl LTER PLEATED 24 X 24
FILTER PLEATED 24 X 24 X 1 CARBON C 200
FILTER PLEATED 24 X 24 X 2 CARBON C 200
FILTER PLEATED 24 X 24 X 4 NIKRO
FILTER PLEATED CHARCOAL 24 X 24
FILTER PRE 12 X 12 X 1/2
FILTER PRE 16 X 16 X 1/2
FILTER PRE 24 X 16
FILTER PRE 24 X 18 X 1/2
FILTER PRE 24 X 24 X 1/2
FILTER WIRE 12 X 12
FILTER WIRE 16 X 16
FILTER WIRE 24 X 16
FILTER WIRE 24 X 18
43 of 55
ATTACHMENT 2 SCHEDULE OF RATES �ATI
CATEGORY UOM
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
FILTER EA
DISASTER RECOVERY SERVICES
RATE
$310
$325
$275
$320
$525
$500
$425
$550
$105
$21
$16
$28
$13
$38
$14
$26
$30
$35
$11
$38
$10
$10
$38
$50
$17
$11
$40
$58
$47
$50
$3
$3
$3
$3
$4
$9
$8
$8
$9
ATI TIME & MATERIALS VERSION 2020-04-10 I 9 �
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July 7, 2020, Item #7
Schedule B Materials
All Divisions · Page 5 of 9
DESCRIPTION
FILTER WIRE 24 X 24
FIRESTOP SEALANT FS ONE FOIL
FIRESTOPPING PLUG 2"
FLEX DUCT 1 O"
FLEX DUCT 12"
FLEX DUCT INSULATION R6 1 O"
FLEX DUCT INSULATION R6 12"
FLEX DUCT INSULATION R6 14"
FLEX DUCT INSULATION R6 6"
FLEX DUCT INSULATION R6 7"
FLEX DUCT INSULATION R6 8"
FLEX DUCT INSULATION R6 9"
FLOOR OIL SOAP
FLOOR PROTECTION REUSABLE 2 MIL
FURNITURE BLOCKS
GEL BLOCK LARGE
GEL BLOCK SMALL
GLASSES ANTI FOG SAFETY
GLOVE BAG 44 X 60 [HORIZONTAL]
GLOVE BAG 60 X 84 [VERTICAL]
GLOVES 22MIL 15" HD NITRILE
GLOVES 5MIL PF
GLOVES 8MIL NITRILE
GLOVES BLACK NITRILE
GLOVES CH EM ICAL-RESISTANT 12"
GLOVES CUT-RESISTANT
GLOVES KNIT WHITE WITH DOTS
GLOVES LEATHER
GLOVES PALM-COATED
GLOVES YELLOW LATEX
GOGGLES SAFETY
HEARING PROTECTION [EAR PLUGS]
HVAC MOLD MAINTAIN
HVAC MOLD PREVENTION
INSULATION ASTRO FOIL REFLECTIVE
INSULATION REPAIR CLOTH 3 RL/PAIL
LABEL FRAGILE
LAYFLAT 4MIL 24 X 500' AS CR 100
LAYFLAT 6MIL 12 X 500'
44 of 55
ATTACHMENT 2 SCHEDULE OF RATES �ATI
CATEGORY UOM
FILTER EA
HVAC EA
HVAC EA
HVAC RL
HVAC RL
HVAC RL
HVAC RL
HVAC RL
HVAC RL
HVAC RL
HVAC RL
HVAC RL
CHEMICALS GL
SURFACE PROTECTION RL
CONTENTS BX
CHEMICALS EA
CHEMICALS EA
PPE PR
DISPOSAL EA
DISPOSAL EA
PPE PR
PPE BX
PPE BX
PPE BX
PPE PR
PPE PR
PPE PR
PPE PR
PPE PR
PPE PR
PPE PR
PPE PR
HVAC EA
HVAC BTL
HVAC RL
CHEMICALS PL
CONTENTS RL
HVAC RL
HVAC RL
DISASTER RECOVERY SERVICES
RATE
$9
$105
$115
$32
$39
$140
$150
$210
$90
$100
$115
$125
$55
$625
$75
$100
$26
$9
$19
$40
$9
$15
$17
$15
$4
$22
$2
$5
$4
$2
$11
$1
$270
$160
$253
$600
$75
$600
$300
ATI TIME & MATERIALS VERSION 2020-04-10 I 10 �
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July 7, 2020, Item #7
Schedule B Materials
All Divisions · Page 6 of 9
DESCRIPTION
LAYFLAT 6MIL 18 X 500'
LAYFLAT 6MIL 22 X 500
LAYFLAT 6MIL 30" X 500
LEMON OIL
LIGHT BULB HALOGEN
LIGHT UV BLACK LIGHT
LUBRICANT GREASELESS
LUBRICANT NONDRYING FILM
LUBRICANT PENETRATING
LUBRICANT RUST INHIBITOR
LUMINOL
MASK N 100 WITH VALVE
MASK N95 WITH VALVE
MASK NUISANCE DUST
MINERAL WOOL
ODOR COUNTERACTANT
ODORCIDE
PLYWOOD 4 X 8 X 1/2
PLYWOOD 4 X 8 X 1/4
PLYWOOD 4 X 8 X 7/16
POLISH FURNITURE
POLISH STAINLESS STEEL
POLY 1.5MIL 12 X 200 CLEAR
POLY 1.5MIL 20 X 200
POLY 10MIL 20 X 100 CLEAR
POLY 10MIL 20 X 100 FIRE-RESISTANT
POLY 2M IL 10 X 100 CLEAR
POLY 2MIL 20 X 200
POLY 2MIL 8' 4" X 200
POLY 4MIL 10 X 100
POLY 4MIL 10 X 100 FIRE-RESISTANT
POLY 4MIL 12 X 100
POLY 4MIL 20 X 100 CLEAR
POLY 4MIL 20 X 100 FIRE-RESISTANT
POLY 4MIL 4 X 100
POLY 4MIL 8 X 100
POLY 6MIL 12 X 100
POLY 6MIL 20 X 100 AS FIRE-RESISTANT
POLY 6MIL 20 X 100 BLACK
45 of 55
ATTACHMENT 2 SCHEDULE OF RATES #:ATI
CATEGORY UOM
HVAC RL
HVAC RL
HVAC RL
CHEMICALS GL
MISCELLANEOUS EA
MISCELLANEOUS EA
CHEMICALS GL
CHEMICALS GL
CHEMICALS CN
CHEMICALS GL
CHEMICALS BTL
PPE EA
PPE EA
PPE EA
CLEANING EA
CHEMICALS GL
CHEMICALS GL
MISCELLANEOUS EA
MISCELLANEOUS EA
MISCELLANEOUS EA
CHEMICALS EA
CHEMICALS CN
CONTAINMENTS RL
CONTAINMENTS RL
CONTAINMENTS RL
CONTAINMENTS RL
CONTAINMENTS RL
CONTAINMENTS RL
CONTAINMENTS RL
CONTAINMENTS RL
CONTAINMENTS RL
CONTAINMENTS RL
CONTAINMENTS RL
CONTAINMENTS RL
CONTAINMENTS RL
CONTAINMENTS RL
CONTAINMENTS RL
CONTAINMENTS RL
CONTAINMENTS RL
DISASTER RECOVERY SERVICES
RATE
$410
$450
$575
$150
$4
$374
$125
$135
$23
$220
$253
$26
$5
$2
$5
$125
$230
$120
$90
$60
$25
$15
$70
$115
$340
$500
$50
$150
$65
$70
$95
$80
$130
$210
$40
$52
$115
$700
$275
AT I Tl ME & MATERIALS VERSION 2020-04-10 I 11
July 7, 2020, Item #7
ATTACHMENT 2 SCHEDULE OF RATES Schedule B Materials
All Divisions · Page 7 of 9
DESCRIPTION
POLY 6MIL 20 X 100 CLEAR
POlY 6MIL 20 X 100 FIRE-RESISTANT
POLY 6MIL 20 X 100 REINFORCED
POLY 6MIL 20 X 100 REINFORCED FIRE-RESISTANT
POLY 6MIL 8 X 100
POLY CLIP LOOP TWIST
POLY HANGER# 3 BLUE
POLY HANGER # 4 RED
POLY TUBING 4MIL 19.5 X 500 12" DIA
POLY TUBING 4MIL 22 X 500 12" DIA
Q-TIPS 3" [SMALL]
Q-TIPS 6" [LARGE]
RAGS BAR MOP
RAGS MIXED KN IT
RAGS SURGICAL BLUE
RAGS WHITE
RAGS WHITE WAFFLE
REMOVER ADHESIVE AND MARKS
REMOVER CARPET ADHESIVE
REMOVER MASTIC
REMOVER MASTIC SOY
REMOVER MASTIC SOY
REMOVER PAINT
REMOVER PAINT HEAVY DUTY
REMOVER PAINT HEAVY DUTY
REMOVER STAIN
REMOVER URINE 4/128 FO
ROSIN PAPER
ROTARY BRUSH REPLACEMENT CORE
ROTARY BRUSH REPLACEMENT HEAD
SAND BAG .5 CU FT Filled
SAND BAG 25 LB Empty
SAND BAG 30 LB Filled
SAND BAG 60 LB Empty
SAND PAPER DISK
SANI 10
SAW DUST
SCOURING PADS DOODLE BUG
SCOURING SPONGES YELLOW & GREEN
46 of 55
�ATI
CATEGORY UOM
CONTAINMENTS RL
CONTAINMENTS RL
CONTAINMENTS RL
CONTAINMENTS RL
CONTAINMENTS RL
CONTAINMENTS EA
CONTAINMENTS EA
CONTAINMENTS EA
MISCELLANEOUS RL
MISCELLANEOUS RL
CLEANING BX
CLEANING BX
CLEANING BX
CLEANING BX
CLEANING BX
CLEANING BX
CLEANING BX
CHEMICALS CN
CHEMICALS GL
CHEMICALS GL
CHEMICALS GL
CHEMICALS PL
CHEMICALS GL
CHEMICALS GL
CHEMICALS PL
CHEMICALS GL
CHEMICALS GL
MISCELLANEOUS RL
HVAC EA
HVAC EA
MISCELLANEOUS EA
MISCELLANEOUS EA
MISCELLANEOUS EA
MISCELLANEOUS EA
MISCELLANEOUS EA
CHEMICALS GL
CLEANING BG
CLEANING EA
CLEANING EA
DISASTER RECOVERY SERVICES
RATE
$195
$280
$410
$450
$85
$1
$10
$10
$135
$165
$56
$113
$94
$28
$84
$62
$105
$30
$38
$65
$55
$220
$83
$175
$750
$120
$116
$24
$105
$300
$13
$6
$42
$9
$3
$31
$33
$9
$3
ATI TIME & MATERIALS VERSION 2020-04-10 I 12 �
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July 7, 2020, Item #7
Schedule B Materials
All Divisions · Page 8 of 9
DESCRIPTION
SCRUBS
SEALANT DUCTING
SEALANT LEAD
SEALANT LEAD
SEALANT MOLD CLEAR
SEALANT MOLD WHITE
SEALANT SMOKE/ODOR CLEAR
SEALANT SMOKE/ODOR CLEAR
SEALANT SMOKE/ODOR WHITE
SEALANT SMOKE/ODOR WHITE
SEALANT SOOT
SEALANT SURFACE BOTANICAL
SHAMPOO
SHRINK WRAP
SIGN DANGER [ENGLISH]
SIGN DANGER [SPANISH]
SIGN HAZARD LEAD !ENGLISH]
SIGN HAZARD LEAD !SPANISH]
SIGN HAZARD MOLD !ENGLISH]
SIGN HAZARD MOLD [SPANISH]
SMOKE/FIRE/CHEMICAL SPONGES
STEEL WOOL FINE
STORAGE DRUM 55GL METAL
SURFACE PROTECTION TEMPORARY 10MIL
SURFACTANT
TACKY MAT
TACKY MAT REFILL
TAPE ASBESTOS AH ERA WHITE
TAPE ASBESTOS RED DANGER
TAPE BIOHAZARD
TAPE CAUTION LEAD
TAPE CAUTION YELLOW
TAPE CONTENTS PACKING CLEAR 2"
TAPE DANGER DO NOT ENTER
TAPE DUCT 2"
TAPE HARD CAST 3.5
TAPE INSULATED FOIL SCRIM KRAFT 3"
TAPE PAINTERS BLUE 2"
TAPE PAINTERS BLUE 3"
47 of 55
ATTACHMENT 2 SCHEDULE OF RATES �ATI
CATEGORY UOM
PPE EA
CHEMICALS EA
CHEMICALS PL
CHEMICALS GL
CHEMICALS PL
CHEMICALS PL
CHEMICALS GL
CHEMICALS PL
CHEMICALS GL
CHEMICALS PL
CHEMICALS PL
CHEMICALS GL
CHEMICALS EA
CONTENTS RL
SIGN EA
SIGN EA
SIGN EA
SIGN EA
SIGN EA
SIGN EA
CLEANING EA
CLEANING EA
MISCELLANEOUS EA
SURFACE PROTECTION RL
CHEMICALS PL
SURFACE PROTECTION PD
SURFACE PROTECTION PK
TAPE RL
TAPE RL
TAPE RL
TAPE RL
TAPE RL
TAPE RL
TAPE RL
TAPE RL
TAPE RL
TAPE RL
TAPE RL
TAPE RL
DISASTER RECOVERY SERVICES
RATE
$75
$66
$625
$90
$155
$155
$120
$475
$120
$475
$105
$90
$17
$70
$1
$1
$1
$1
$1
$1
$6
$1
$140
$775
$24
$125
$105
$28
$28
$28
$28
$28
$5
$25
$17
$75
$80
$20
$27
ATI TIME & MATERIALS VERSION 2020-04-10 I 13 �
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July 7, 2020, Item #7
Schedule B Materials
All Divisions · Page 9 of 9
DESCRIPTION
TAPE WHITE POLY 2"
TAPE YELLOW POLY 2"
TIE WEBBING
UNIBIT
VACUUM EXTENSION WAND 1.25"
VACUUM REPLACEMENT BRUSH HEAD
VAPORTECH MEMBRANE
WASTE CONTAINER COLLAPSIBLE
WATER BOTTLED
WIPES GERMICIDAL 2/110 CT
WIPES GERMICIDAL 2/110 CT REFILL
WIPES GERMICIDAL 6/150 CT
WIPES GERMICIDAL 6/70 CT
WIPES HYDROGEN PEROXIDE 2/185 CT
WIPES HYDROGEN PEROXIDE 2/185 CT REFILL
WIPES HYDROGEN PEROXIDE 6/155 CT
WIPES HYDROGEN PEROXIDE 6/95 CT
WIPES MASK
WIPES MASK REFILL
WIPES RESPIRATOR
WIPES SPORICIDIN
ZIP TIES 48"
CODE DESCRIPTION
ATTACHMENT 2 SCHEDULE OF RATES 4SATI DISASTER RECOVERY SERVICES
CATEGORY UOM RATE
TAPE RL $12
TAPE RL $13
CONTENTS RL $40
HVAC EA $73
HVAC EA $85
HVAC EA $33
CHEMICALS EA $78
DISPOSAL EA $82
PPE cs $24
CLEANING BTL $185
CLEANING BTL $175
CLEANING BTL $205
CLEANING BTL $240
CHEMICALS BTL $135
CHEMICALS BTL $185
CHEMICALS BTL $24
CHEMICALS BTL $15
CLEANING CT $235
CLEANING CT $200
CLEANING BX $13
CLEANING BX $32
CONTENTS BX $2
MARKET ATI RESERVES THE RIGHT TO ADJUST THE PRICING OF ALL MATERIALS AND
CONSUMABLES BASED ON MARKET CONDITIONS BEYOND OUR CONTROL. THIS WOULD INCLUDE PRICING INCREASES FROM MARKET CONDITIONS SUCH AS
CHANGES IN PRODUCT DEMANDS BASED UPON A REGIONAL OR NATIONAL
CATASTROPHE.
MATERIALS NOT ON THE UNSCHEDULED MATERIALS PURCHASED FOR THE PROJECT WILL BE BILLED ATRATE SHEET COST PLUS 20%.
SMALL TOOLS A 3% SMALL TOOLS CHARGE WILL BE BASED ON THE LABOR TOTAL. A LIST OF SMALL TOOLS CAN BE FOUND IN SCHEDULE D.
48 of 55 ATI TIME & MATERIALS VERSION 2020-04-10 I 14 �
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July 7, 2020, Item #7
ATTACHMENT 2 SCHEDULE OF RATES Schedule C Equipment
All Divisions · Page 1 of 4
DESCRIPTION
50' CABLING (DIESEL, ELECTRIC, OR PROPANE]
AIR COMPRESSOR -ELECTRIC LARGE (5 HP]
AIR COMPRESSOR -ELECTRIC X-LARGE (15 HP]
AIR COMPRESSOR & ACCESSORIES -X-LARGE (300-450 CFM]
AIR COMPRESSOR & ACCESSORIES -MEDIUM (10-50 CFM]
AIR COMPRESSOR & ACCESSORIES -SMALL (10 CFM]
AIR COMPRESSOR &ACCESSORIES -LARGE [90-150 CFM]
AIR MOVER
AIR MOVER WITH WALL DRYING SYSTEM & ATTACHMENTS
AIR SAMPLING PUMP
AIR TOOL KIT
AIR WHIP SYSTEM
AIR WOLF WITH HOSES & TEE VALVES
AIRLESS SPRAYER
ANTI STATIC HEEL GROUNDER OR WRIST STRAPS
APPLIANCE DOLLY
BLADDER / ZONE BAG
BOBCAT SKID STEER LOADER
BORESCOPE
BOX VAN -LARGE
BOX VAN -MEDIUM
BOX VAN -SMALL
CABLE RAMP COVERS
CARGO VAN
CARPET CLEANER -PORTABLE
CARPET CLEANER -TRUCK MOUNTED (FEES INCLUDED]
CART SPRAY SYSTEM
CATASTROPHE TRAILER
CLEANING EQUIPMENT WITH HEPA
CUTTING KIT PNEUMATICS/NIBBLER/AIR HAMMER/
CLAW RIPPER
DECON CHAMBER -STAINLESS
DEHUMIDIFIER -LARGE (110-159 PPD]
DEHUMIDIFIER -MEDIUM (70-109 PPD]
DEHUMIDIFIER -SMALL [69 PPD]
DEHUMIDIFIER -X-LARGE [160+ PPD]
DESICCANT DEHUMIDIFIER -LARGE (5,000 CFM]
DESICCANT DEHUMIDIFIER -MEDIUM [3,000-4,000 CFM]
DESICCANT DEHUMIDIFIER -SMALL (1,000 -2,500 CFM]
49 of 55
�ATI
CATEGORY UOM
POWER DAY
AIR DAY
AIR DAY
AIR DAY
AIR DAY
AIR DAY
AIR DAY
DRYING DAY
DRYING DAY
AIR DAY
HVAC DAY
HVAC DAY
AIR DAY
AIR DAY
HIGH TECH DAY
MOVING DAY
HVAC DAY
VEHICLE & FUEL DAY
INSPECTION DAY
VEHICLE & FUEL DAY
VEHICLE & FUEL DAY
VEHICLE & FUEL DAY
POWER DAY
VEHICLE & FUEL DAY
CLEANER DAY
VEHICLE & FUEL DAY
HVAC DAY
VEHICLE & FUEL DAY
CLEANER DAY
HVAC DAY
CONTAINMENT DAY
DRYING DAY
DRYING DAY
DRYING DAY
DRYING DAY
DRYING DAY
DRYING DAY
DRYING DAY
DISASTER RECOVERY SERVICES
RATE
$40
$225
$275
$475
$150
$90
$195
$30
$150
$21
$25
$125
$150
$175
$10
$25
$38
$900
$105
$540
$420
$360
$16
$300
$75
$850
$105
$580
$210
$100
$50
$175
$125
$100
$275
$2,000
$1,250
$750
ATI TIME & MATERIALS VERSION 2020-04-10 I 15 �
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July 7, 2020, Item #7
ATTACHMENT 2 SCHEDULE OF RATES Schedule C Equipment
All Divisions · Page 2 of 4
DESCRIPTION
DESICCANT DEHUMIDIFIER -PORTABLE [<500 CFM]
DESICCANT DEHUMIDIFIER -PORTABLE [500 -1,000 CFM]
DESICCANT DEHUMIDIFIER -X-LARGE [7,500 CFM]
DESICCANT DEHUMIDIFIER -XX-LARGE [10,000 CFM]
DESICCANT DEHUMIDIFIER -XXX-LARGE [15,000 CFM]
DRY ICE BLASTING UNIT
DUMP TRUCK
DUST COLLECTOR -MACHINE-POWERED
ELECTRICAL DISTRIBUTION PANEL -100 AMP
ELECTRICAL DISTRIBUTION PANEL -200 AMP
ELECTRICAL DISTRIBUTION PANEL -300 AMP
ELECTRICAL DISTRIBUTION PANEL -400 AMP
EXTRACTION FLOOD UNIT -PORTABLE
EXTRACTION FLOOD UNIT -TRUCK MOUNTED
FLAT BOX CART
FLATBED MOVING WITH FORKLIFT
FLOOR BUFFER
FLOOR EDGER 7"
FLOOR GRINDER 25"
FLOOR SCRAPER & REMOVER -RIDE-ON
FOGGER -THERMAL
FOGGER -ULV
FURNITURE BLANKETS
FURNITURE PADS
GENERATOR -10 KW
GENERATOR -100 KW
GENERATOR -150 KW
GENERATOR -175 KW
GENERATOR -200 KW
GENERATOR -250 KW
GENERATOR -30 KW
GENERATOR -300 KW
GENERATOR -400 KW
GENERATOR - 5 KW
GENERATOR -50 KW
GENERATOR -75 KW
HARD HAT
HEATER -ELECTRIC LARGE
HEATER -ELECTRIC SMALL
so of 55
�ATI
CATEGORY UOM
DRYING DAY
DRYING DAY
DRYING DAY
DRYING DAY
DRYING DAY
MISCELLANEOUS DAY
VEHICLE & FUEL DAY
CLEANER DAY
POWER DAY
POWER DAY
POWER DAY
POWER DAY
EXTRACTION DAY
EXTRACTION DAY
MOVING DAY
VEHICLE & FUEL DAY
FLOOR DAY
FLOOR DAY
FLOOR DAY
FLOOR DAY
DEODORIZATION DAY
DEODORIZATION DAY
MOVING DAY
MOVING DAY
POWER DAY
POWER DAY
POWER DAY
POWER DAY
POWER DAY
POWER DAY
POWER DAY
POWER DAY
POWER DAY
POWER DAY
POWER DAY
POWER DAY
PPE DAY
HEATING DAY
HEATING DAY
DISASTER RECOVERY SERVICES
RATE
$270
$595
$3,000
$2,500
$5,000
$675
$1,020
$300
$125
$189
$275
$263
$150
$550
$16
$900
$75
$160
$500
$1,500
$110
$30
$2
$9
$120
$945
$1,050
$1,260
$1,365
$1,470
$350
$1,575
$2,100
$90
$578
$720
$10
$200
$130
ATI TIME & MATERIALS VERSION 2020-04-10 I 16 �
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July 7, 2020, Item #7
ATTACHMENT 2 SCHEDULE OF RATES Schedule C Equipment
All Divisions · Page 3 of 4
DESCRIPTION
HEATER -FURNACE
HEATER -PROPANE LARGE [400K BTU]
HEATER -PROPANE SMALL
HEPA DECON CART
HYDROGEN TANK
HYDROXYL
ICRA BARRIER, DOOR
ICRA BARRIER, PANEL
INJECTIDRY WITH HOSES
INJECTIDRY WITH HOSES & HEPA INTERCEPTOR
KETT SAW
LIGHT, WORKLIGHT -FLOOD LIGHT, TEMP STRING
MANOMETER
MOBILE CONTAINMENT CUBES WITH HEPA
NEGATIVE AIR MACHINE -LARGE [2,000 CFM]
NEGATIVE AIR MACHINE -MEDIUM [1,000 -1,800 CFM]
NEGATIVE AIR MACHINE -SMALL [1,000 CFM]
NITROGEN TANK
OZONE GENERATOR -LARGE
OZONE GENERATOR -SMALL
PASSENGER VAN
PERSONAL FALL PROTECTION -HARNESS & LANYARD
PERSONAL FALL PROTECTION -LIFELINES
PICKUP TRUCK
PICKUP TRUCK -HEAVY DUTY -3/4 TON
POP UP SHOWER WITH FILTRATION
POP UP TENT
PRESSURE WASHER
PRESSURE WASHER -HOT
PUMP -SUBMERSIBLE -GAS
RESPIRATOR -1/2 FACE
RESPIRATOR -FULL FACE
RESPIRATOR -PAPR
ROTARY BRUSH KIT
SCAFFOLDING, ROLLING -LARGE
SCAFFOLDING, ROLLING -SMALL
SODA BLASTER UNIT -6.5 CU
SPIDER BOX -WITH CABLE
SPIDER BOX CABLES -100'
51 of 55
�ATI
CATEGORY UOM
HEATING DAY
HEATING DAY
HEATING DAY
CLEANER DAY
AIR DAY
DEODORIZATION DAY
MISCELLANEOUS DAY
MISCELLANEOUS DAY
DRYING DAY
DRYING DAY
MISCELLANEOUS DAY
POWER DAY
INSPECTION DAY
CONTAINMENT DAY
AIR DAY
AIR DAY
AIR DAY
HVAC DAY
DEODORIZATION DAY
DEODORIZATION DAY
VEHICLE & FUEL DAY
PPE DAY
PPE DAY
VEHICLE & FUEL DAY
VEHICLE & FUEL DAY
CONTAINMENT DAY
MISCELLANEOUS DAY
CLEANER DAY
CLEANER DAY
EXTRACTION DAY
PPE DAY
PPE DAY
PPE DAY
HVAC DAY
MISCELLANEOUS DAY
MISCELLANEOUS DAY
CLEANER DAY
POWER DAY
POWER DAY
DISASTER RECOVERY SERVICES
RATE
$185
$80
$60
$400
$184
$200
$7
$5
$125
$140
$35
$18
$75
$500
$150
$120
$90
$70
$150
$120
$185
$10
$65
$155
$205
$125
$30
$175
$200
$200
$11
$45
$70
$125
$132
$48
$600
$69
$40
ATI TIME & MATERIALS VERSION 2020-04-10 I 17 �
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July 7, 2020, Item #7
ATTACHMENT 2 SCHEDULE OF RATES Schedule C Equipment �ATI DISASTER RECOVERY SERVICES
All Divisions · Page 4 of 4
DESCRIPTION CATEGORY UOM RATE
STAKEBED VEHICLE & FUEL DAY $780
STORAGE -CONTAINER BOX MISCELLANEOUS DAY $85
THERMAL IMAGING CAMERA INSPECTION DAY $185
THERMOHYGROMETER INSPECTION DAY $60
THERMOMETER INSPECTION DAY $15
ULTRA VIOLET MOBILE ROOM SANITIZER LARGE HIGH TECH DAY $500
ULTRA VIOLET MOBILE ROOM SANITIZER SMALL HIGH TECH DAY $200
ULTRASONIC CLEANING MACHINE LARGE CLEANER DAY $300
ULTRASONIC CLEANING MACHINE SMALL CLEANER DAY $160
UTILITY VEHICLE, GOLF CART OR EQUIVALENT VEHICLE & FUEL DAY $155
VACUUM -BACKPACK CLEANER DAY $90
VACUUM - HEALTHCARE CLEANER DAY $90
VACUUM -HEPA -SMALL CLEANER DAY $90
VACUUM-HEPA -LARGE CLEANER DAY $125
VIDEO TOOL ROBOT HVAC DAY $350
WORKSTATION [TABLE, CHAIR, LIGHTS, ESD] MISCELLANEOUS DAY $23
CODE DESCRIPTION
GAS AND MILEAGE ATI INCLUDES GASOLINE AND MILEAGE IN THE DAILY RATES FOR VEHICLES.
ADDITIONAL GAS AND MILEAGE WILL NOT BE CHARGED.
WEEKLY CONVERSION THE WEEKLY RENTAL FEE FOR EQUIPMENT IS EQUIVALENT TO 5 DAILY RENTAL FEES. ONCE EQUIPMENT IS ON RENTAL FOR 7 DAYS, THE WEEKLY RATE APPLIES.
MONTHLY CONVERSION THE MONTHLY RENTAL FEE FOR EQUIPMENT IS EQUIVALENT TO 15 DAILY RENTAL FEES OR 3 WEEKLY RENTAL FEES. ONCE EQUIPMENT IS ON RENTAL FOR 30 DAYS,
THE MONTHLY RATE APPLIES.
CONVERSION EXCEP-WEEKLY AND MONTHLY DISCOUNTS TO NOT APPLY TO VEHICLES OR STORAGE TIONS VAULTS. NO CONVERSION DISCOUNTS WILL BE APPLIED TO ANY INVOICE PAID AFTER NET 60 DAYS.
EQUIPMENT CONVERSION EXAMPLE: EQUIPMENT ON RENTAL FOR 17 DAYS WILL BE CHARGED FOR 2 WEEKS EXAMPLE RENTAL AND 3 DAILY RENTALS. THE 2 WEEKS RENTAL CHARGES EQUATES OUT TO
10 DAILY+ 3 DAILY RENTALS= 13 DAY RENTAL. IF THE INVOICE IS NOT PAID IN NET
60 DAYS, THIS EQUIPMENT WILL BE CHARGED FOR 17 DAILY RENTALS.
UNSCHEDULED THE DAILY RENTAL RATE FOR UNSCHEDULED EQUIPMENT PURCHASED FOR THE EQUIPMENT PURCHASE PROJECT WILL BE 5% OF THE PURCHASE PRICE.
52 of 55 ATI TIME & MATERIALS VERSION 2020-04-10 I 18 �
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July 7, 2020, Item #7
Schedule D Small Tools
All Divisions · Page 1 of 1
ATTACHMENT 2 SCHEDULE OF RATES �ATI DISASTER RECOVERY SERVICES
SMALL TOOLS: A 3% CHARGE BASED ON THE LABOR TOTAL
ACCOUNTING KITS PAI NT ROLLERS
BARREL PUMPS PALLET JACKS
BARS PAPER TOWELS
BATTERIES PLIERS
BOLT CUTTERS PORTABLE TOOLBOX
BUCKETS POWER TOOLS
CELL PHONES RATCHET SETS
CHAIN SAWS ROTO ZIPS
CHAINS SANDERS
CHAIRS SAWZALLS
CROW BARS SC RAPER BARS
DEMO CART SCREW DRIVERS
DRILLS SHEARS
DRIVES SHOVELS
DUST PANS SMOCKS
EXTENSION CORDS SPRAY BOTTLES
FIRE EXTINGUISHERS SQUEEGEES
Fl RST Al D KITS STAPLE GUNS
FLASH LIGHTS TABLES
FUEL CANS TAPE GUNS
FURNITURE BLOCKS TOOL BOX
FURNITURE TAGS TRASH BINS
HAMMERS TRASH CANS
HANDLES T-SHIRTS
HARD HATS TWO-WAY RADIOS
HOG RINGS UNGER POLES
ICE CHESTS UNIFORMS
INVENTORY TAGS UTILITY BLADES
JOB BOX UTILITY KNIVES
LADDERS VESTS
LIGHT BULBS WATER COOLER
LOCKS WATER HOSES
MOISTURE METER WIPES
MOP BUCKETS WHEELBARROW
MOP HEADS WRENCHES
MOPS
53 of 55 ATI TIME & MATERIALS VERSION 2020-04-10 I 19 �
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July 7, 2020, Item #7
ATTACHMENT 2 SCHEDULE OF RATES Addendum �ATI COVID-19 Time & Materials
COVI D-19 LEVEL 1
LABOR TITLE
COVID-19 LEVEL 1 TECHNICIAN
COVID-19 LEVEL 1 SUPERVISOR
COVID-19 LEVEL 2
LABOR TITLE
COVID-19 LEVEL 2 TECHNICIAN
COVID-19 LEVEL 2 SUPERVISOR
COVID-19 LEVEL 3
LABOR TITLE
COVID-19 LEVEL 3 TECHNICIAN
COVID-19 LEVEL 3 SUPERVISOR
COVID-19 RATE SCHEDULE -PREVAILING WAGE
LABOR TITLE
COVID-19 LEVEL 1 TECHNICIAN/SUPERVISOR
COVID-19 LEVEL 2 TECHNICIAN/SUPERVISOR
COVID-19 LEVEL 3 TECHNICIAN/SUPERVISOR
CODE DESCRIPTION
I
DISASTER RECOVERY SERVICES
HOURLY RATE
' . . .
$93
HOURLY RATE
$138
$144
HOURLY RATE
$152
$159
HOURLY RATE
$137
$171
TBD
LEVEL 1 NO KNOWN EXPOSURE-PRECAUTIONARY CLEAN UP AND RESPONSE WHERE
THERE IS NO KNOWN OR SUSPECTED EXPOSURE TO THE COVID-19 VIRUS.
LEVEL 2 POSSIBLE EXPOSURE-SANITIZATION CLEAN UP RESPONSES IN LOCATIONS
WITH A POSSIBLE EXPOSURE TO THE COVID-19 VIRUS.
LEVEL 3 CONFIRMED EXPOSURE-SANITIZATION CLEAN UP RESPONSES IN LOCATIONSWITH A CONFIRMED EXPOSURE TO THE COVID-19 VIRUS.
American Technologies, Inc. [ATII reserves the right to change these terms and conditions at any time
without prior notice. In the event that any changes are made, the revised terms and conditions shall be
shared at that time.
54 of 55 ATI TIME & MATERIALS VERSION 2020-04-10 I 20 �
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July 7, 2020, Item #7
ATTACHMENT 2 SCHEDULE OF RATES Addendum �ATI COVID-19
DISASTER RECOVERY SERVICES
Time & Materials
CODE DESCRIPTION
STAN DY-BY STANDARD RATES ARE RATES THAT APPLY TO WORK PERFORMED WITHIN STANDARD BUSINESS HOURS: 8:00 AM -5:00 PM, MONDAY THROUGH FRIDAY. OUR RATES FOR LABOR, MATERIALS, AND EQUIPMENT DO NOT INCLUDE THE COSTS
OF LOCAL AND STATE TAXES, LICENSING, OR PERMIT FEES.
WORK WEEK THE WORK WEEK WILL BEGIN ON MONDAY AND END ON SUNDAY.
HOLIDAYS ATI STAFF WORKING HOLIDAYS WILL BE PAID DOUBLE TIME. ATI RECOGNIZES THE FOLLOWING NATIONAL HOLIDAYS: NEW YEAR'S EVE, NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY,
CHRISTMAS EVE AND CHRISTMAS DAY. FEDERAL, STATE AND LOCAL GOVERNMENT WORK MAY REQUIRE ADDITIONAL PAID HOLIDAYS WHICH WILL ALSO BE PAID AND CHARGED DOUBLETIME.
TRAVEL PER DIEM FOR PROJECTS INVOLVING TRAVEL AND/OR OVERNIGHT STAYS, ATI PROVIDES PER DIEM IN ACCORDANCE WITH THE U.S. GENERAL SERVICES ADMINISTRATION'S PUBLISHED PER DIEM RATES. THESE RATES CAN BE FOUND AT HTTPS:LLWWW.GSA.GOVLTRAVELLPLAN-BOOKLPER-DIEM-RATES. PER DIEM RATES ARE SUBJECT TO A 20% OVERHEAD FACTOR PLUS A 10% PROFIT FACTOR.
American Technologies, Inc. IATI] reserves the right to change these terms and conditions at any time
without prior notice. In the event that any changes are made, the revised terms and conditions shall be
shared at that time.
55 of 55 ATI TIME & MATERIALS VERSION 2020-04-10 I 21 �
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July 7, 2020, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
CITY COUNCIL
July 7, 2020
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works f t\
� Will Wiley, Assistant Director of Public Works for Maintenance Operation
(858)668-4705 or wwiley@poway.org
Approval of First Amendment to the Agreement with Nova Commercial Co., Inc.
for Daily Cleaning and Custodial Services
On June 1, 2020, the City Manager approved an Agreement with Nova Commercial Co., Inc. (Nova) to
provide temporary-daily cleaning and custodial services for a not-to-exceed amount of $49,000, as a
result of the City terminating its custodial service contractor. The Agreement with Nova was for a
reduced level of service as a result of facility closures due to the COVID-19 Stay-at-Home Order. As
the City begins to re-open and revert to normal operations, staff has increased the scope of work to
the temporary-daily cleaning and custodial services by adding additional facilities, requiring an
amendment to increase the Agreement's not-to-exceed amount from $49,000 to a total amount not
to-exceed $100,000.
Recommended Action:
It is recommended that the City Council approve the First Amendment to the Standard Agreement for
Service with Nova Commercial Co. Inc., for daily cleaning and custodial services to increase the
Agreement limit by $51,000 for a total not-to-exceed amount of $100,000 and authorize the City
Manager to execute the necessary documents.
Discussion:
The City contracts for daily cleaning and custodial services at all City facilities and some park restrooms
in the City. On April 23, 2020, the City terminated its agreement with VIP Janitorial for daily cleaning
and custodial services for cause. As a result of the termination of this custodial agreement and the
cleaning and sanitizing demands placed by COVID-19, staff solicited quotes from custodial companies
the City has not used in the past and that appear capable of providing service to the City on an interim
basis, while staff seeks new bids for a long-term agreement. The City secured three quotes ranging
from $45,422 to $106,485 to provide temporary custodial service through September 30, 2020, and at
1 of 4 July 7, 2020, Item #8
a limited scope.
Nova was able to meet the City's needs and was selected as the interim contractor to provide custodial
service at very reduced levels during an evolving pandemic situation for an amount of $45,422
($11,355 per month.). An Agreement for a not-to-exceed amount of $49,000 was approved for June
1, 2020 to September 30, 2020, under the City Manager's signing authority, which included the quoted
amount of $45,422 and approximately $3,578 for as-needed services. As the State has modified the
statewide Stay-at-Home Order and has moved into Stage 2 of its Resilience Roadmap, the City has
added additional facilities (various facilities including those at Old Poway, Lake Poway, and Community
Park) to the scope of work as it begins to re-open facilities and return to normal operations. The
addition of facilities requires a change order to the Agreement at an additional amount of $11,439 per
month, which will exceed the City Manager's spending authority of $50,000 and requires a formal
amendment to increase to the total Agreement limit. The First Amendment to the Standard
Agreement in the amount of $45,754.84 would increase the Agreement amount from $49,000 to
$91,178. Staff recommends the approval of the First Amendment to the Standard Agreement with
Nova Commercial Co., Inc., increasing the amount to a not-to-exceed amount of $100,000, which
includes $91,178 in costs for daily cleaning and custodial services and $8,823 in as-needed services,
such as increased cleanings due to COVID-19. Except for amending the Agreement's compensation
provisions, all other terms and conditions remain in effect, including the Agreement's term expiring
September 30, 2020.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
There is sufficient funding available in the Janitorial Services account (204020-41400, 206020-41400,
415010-41400) to authorize the amendment to the agreement.
Public Notification:
None.
Attachments:
A First Amendment to the Standard Agreement for Services with Nova Commercial Co., Inc.
Reviewed/ Approved By:
Assistant City Manager
2 of4
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
ChrflJlf?
City Manager
July 7, 2020, Item #8
FIRST AMENDMENT TO STANDARD AGREEMENT FOR SERVICES THIS FIRST AMENDMENT TO AGREEMENT is made and entered into effective this 7th day of July, 2020, by and between the CITY OF POWAY, a municipal corporation (the "CITY"), and Nova Commercial Co., Inc, a California corporation, ("CONSULTANT"). RECITALS 1.CITY and CONSULTANT entered into that certain "STANDARD AGREEMENTFOR SERVICES," dated June 1, 2020 (the "AGREEMENT"), by which CITY and CONSUL TANT established the terms and conditions for providing services to CITY. 2.The AGREEMENT has a term of four (4) months, and further provides, inter alia,that the AGREEMENT may be extended for two additional one-year terms upon approval of the CITY' s City Manager. 3.CITY and CONSULT ANT now agree to amend the compensation and reimbursementprovisions of the AGREEMENT and increase the AGREEMENT amount from a not-to-exceed amount of$49,000 to a not-to-exceed amount of $100,000. 4.This FIRST AMENDMENT TO ST AND ARD AGREEMENT FOR SERVICES (the"FIRST AMENDMENT") is necessary to amend the compensation and reimbursement provisions of the AGREEMENT. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Section 1. Section B of EXHIBIT "A" ('SPECIAL PROVISIONS") of the AGREEMENT is amended to read as follows: 3 of4
B.Compensation and Reimbursement.City shall pay Contractor a fee not to exceed $100,000. Contractor'sfee 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 ofTwentyFive 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 ATTACHMENT A
July 7, 2020, Item #8
the time incurred.
Section 2. Except as otherwise amended by this FIRST AMENDMENT, all other terms
and conditions of the AGREEMENT shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this FIRST AMENDMENT to
be executed the day and year first above written.
CITY OF POWAY, a municipal corporation
By ____________ _ Chris Hazeltine, City Manager
ATTEST:
Faviola Medina, City Clerk
APPROVED AS TO FORM:
Alan Fenstermacher, City Attorney
4of4
Nova Commercial Co., Inc.
B¥----------, Name, Title of Signer 2 July 7, 2020, Item #8
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
July 7, 2020
Honorable Mayor and Members of the City Council
Faviola Medina, City Clerk
(858)668-4535 or fmedina@poway.org
CITY COUNCIL
Second Reading and Adoption of Ordinance No. 842 entitled "An Ordinance of
the City of Poway, California, Approving The Farm in Poway Specific Plan (SPP)
18-001; Assessor's Parcel Numbers 273-110-07-00, 273-110-08-00 and 273-110-
18-00"
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City
Council Meeting on June 16, 2020. There were 15 speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading:
Recommended Action:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
MULLIN, LEONARD, GROSCH, FRANK, VAUS
NONE
NONE
NONE
NONE
It is recommended that the City Council adopt Ordinance No. 842.
Environmental Review:
An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality
Act (CEQA) in conjunction with The Farm in Poway Specific Plan (SPP) 18-001 and associated
entitlements General Plan Amendment (GPA) 19-001, Tentative Tract Map (TTM) 19-002, Development
Review (DR) 19-001, and Conditional Use Permit Application (CUP) 19-005 PRSP, and was certified by
the City Council on June 16, 2020. The EIR analyzed the potential impacts of the proposed Specific
Plan. The Final EIR concludes that the potential impacts associated with the Specific Plan and
associated entitlements, through the incorporation of mitigation measures, will be mitigated to a level
of insignificance. The Final EIR discusses the project alternatives, the issue areas, and the mitigation
measures in detail. No further environmental analysis is required because the project's impacts have
already been analyzed, and are fully covered by the certified EIR.
1 of7 July 7, 2020, Item #9
Fiscal Impact:
Consistent with the City Council's direction from the February 18, 2020 Council Meeting in which
Council discussed including a revenue analysis with proposed projects to help decision making, staff
conducted a revenue analysis for The Farm in Poway project. Staff analyzed the potential ongoing
revenues, such as property tax and sales tax, and excluded one-time revenues, such as transfer taxes.
The data supporting staff's analysis came from a variety of sources. For example, the developer's
agent provided estimated sales information. This information helped support the property and sales
tax analysis. The U.S. Bureau of Labor Statistics (BLS) Table 1203 provided annual expenditures by
income level and expenditure type. The BLS data helped support the sales tax analysis. Sales tax
estimates for commercial buildings were created with the support of published information from the
City's sales tax consultant, HDL.
The residential portion of the development is projected to annually contribute $400,000 in property
tax revenues and $100,000 in sales tax revenues. The commercial portion of the development is
projected to annually contribute $4,700 in property tax revenues and between $2,300 and $23,000 in
sales tax revenues. The range in estimate commercial sales tax occurs because of the potential use
types in the Cafe. The sales tax for a coffee house such as Starbucks is much different than the sales
tax for a bakery-cafe such as a Panera Bread. Based on staffs analysis, approximately $500,000 in
annual revenue is estimated for the City of Poway.
Public Notification:
A summary notice was published in the Poway News Chieftain on Thursday, June 25, 2020. A second
summary notice will be published in the same publication on Thursday,July 16, 2020. A certified copy
of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government
Code section 36933.
Attachments:
A.Ordinance 842
Reviewed/ Approved By:
Assistant City Manager
2 of7
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
July 7, 2020, Item #9
ORDINANCE NO. 842
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE FARM IN POWAY
SPECIFIC PLAN (SPP) 18-001; ASSESSOR'S PARCEL
NUMBERS 273-110-07-00, 273-110-08-00 AND 273-110-18-00
WHEREAS, The Farm in Poway Specific Plan contains definitions, a land use plan, development standards and design guidelines that sets the policy framework to guide
development;
WHEREAS, The Farm in Poway Specific Plan requires that the City also amend the City's
General Plan and Zoning Ordinance, including the General Plan Land Use Map and Zoning Map;
WHEREAS, The Farm in Poway Specific Plan will contain the zoning and land use
designations, development standards and design guidelines for future development within the Specific Plan area;
WHEREAS, Chapter 17.47 (Specific Plan Regulations) of Title 17 (Zoning Development Code) of the Poway Municipal Code (PMC) provides for the preparation and adoption of specific
plans in accordance with section 65450, et seq., of the California Government Code (Article 8, Specific Plans);
WHEREAS, two neighborhood meetings, one public Environmental Impact Report (EIR) scoping meeting, and two meetings with community groups were held to solicit input on how The
Farm in Poway Specific Plan should guide development within the decommissioned StoneRidge Country Club area;
WHEREAS, the Vision Framework of the Specific Plan includes policies, strategies and actions that will encourage and support a mix, density, and orientation of land uses to create a
sustainable community with diverse places for people to live, work, and recreate including
agricultural opportunities;
WHEREAS, on June 16, 2020, the City Council of the City of Poway also considered approval of associated entitlements General Plan Amendment (GPA) 19-001, Zone Change (ZC)
19-001, Zoning Ordinance Amendment (ZOA) 20-001, Tentative Tract Map (TTM) 19-002,
Development Review (DR) 19-001, and Conditional Use Permit Application (CUP) 19-005 as wellas the certification of a Final Environmental Impact Report (FEIR) (EA 19-001 ), a request to adopt
a specific plan, subdivide 117 acres of land, and construct 160 homes with recreational,
agricultural, and commercial amenities and amending the land use designations as indicated inthe Specific Plan at the decommissioned StoneRidge Country Club;
WHEREAS, the City Council finds that the zoning classification of the property should also be changed to maintain consistency with the General Plan as required by Section 65860 of the
California Government Code and the California Environmental Quality Act;
WHEREAS, on June 16, 2020, the City Council held a duly advertised public hearing to
receive testimony from the public, both for and against, relative to this matter; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
project, including the attachments, and has considered all other evidence presented at the public
hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
3 of7 July 7, 2020, Item #9ATTACHMENT A
follows:
SECTION 1: The above recitals are true and correct.
SECTION 2: A Final Environmental Impact Report (FEIR) (EA 19-001) was prepared for
The Farm in Poway Specific Plan (SPP) 18-001 and associated entitlements Zone Change (ZC) 19-001, Zoning Ordinance Amendment (ZOA) 20-001, General Plan Amendment (GPA) 19-001,
Tentative Tract Map (TTM) 19-002, Development Review (DR) 19-001, and Conditional UsePermit Application (CUP) 19-005. The City Council certified the FEIR at a duly noticed publichearing on June 16, 2020. This is a required entitlement to allow development of The Farm in
Poway project, as specifically analyzed in the FEIR. Approval of SPP 18-001 is part of the CityCouncil's June 16, 2020 approval of the entire The Farm in Poway project.
SECTION 3: The City Council finds that the specific plan is consistent with the purposes of Chapter 17.47 of the Poway Municipal Code, the General Plan, and development policies of
the City.
SECTION 4: The City Council hereby approves this Ordinance, approving and adopting
The Farm in Poway Specific Plan (SPP) 18-001 included as "Exhibit A" to this Ordinance available on file in the Office of the City Clerk with the amendments to the original version of the Specific
Plan released in February 2020, changing the governing policies and regulations to be in
accordance with The Farm in Poway Specific Plan for the decommissioned StoneRidge Country Club area, subject to its adoption by City of Poway voters at the November 2020 General Election.
Removals are indicated with strikethroughs and additions are indicated with underline.
SECTION 5: Section 1.1, paragraph 1, of The Farm in Poway Specific Plan shall be
amended as follows:
1 . 1 Specific Plan Purpose and Authority
The Farm in Poway Specific Plan provides a permanent solution to revitalizing a defunct
and blighted property located in the heart of an existing residential community. Limited development of compatible residential homes and associated recreational uses provide the income necessary to finance the proposed improvements and replace the recreational
opportunities the golf course once provided. A newly established Community Association will ensure that the proposed open space areas, which are important to existing residents, will be
permanently maintained and managed with minimal fiscal impacts to the City of Poway. +Rese
permanent >.vell maintained, open space areasFurthermore, The Farm in Poway has been conditioned to require the execution of permanent deed restrictions restricting future development
of the open space to that specified in this Specific Plan and prohibiting future increases in
residential density >.viii be deed restricted to prevent any additional homes from being developed in perpetuity. Pursuant to State law, all new single-family lots must be permitted to allow an
accessory dwelling unit (ADU) and a junior accessory dwelling unit (JADU). The Specific Plan
includes guidelines and standards to encourage ADUs to be thoughtfully designed to preserve the privacy of existing residents and the character of the Specific Plan area and surrounding
neighborhoods. Furthermore, the Specific Plan establishes development standards, design guidelines, and performance standards to make certain all new development and activities within open space areas are compatible with existing single-family uses that surround the site.
follows:
4of7
SECTION 6: Section 3.2 of The Farm in Poway Specific Plan shall be amended as
3.2 Open Space Land UseRegulations
July 7, 2020, Item #9
Two Open Space land use districts support the development of the rural master planned
community envisioned by the Specific Plan and include the following purpose and intent:
Open Space -Conservation (OS-CJ is designed to permanently preserve the open
space amenities that provide the rural setting for the existing neighborhood and a new residential
master planned community. These open space areas serve as a physical and visual buffer between existing residential uses and new residential development, maintaining neighbor's
privacy and providing the visual backdrop for the new community. Parcels designated as OS C shall be deed restricted to ensure that they are preserved as open space in perpetuity. Parcels
designated as OS-C may be planted with landscaping, agriculture or naturalized open space areas.
The Open Space -Recreation (OS-R) is intended to replace the recreational amenities once provided by the golf course to support new and existing residential uses within and around
the Specific Plan area. Recreational amenities include social, recreational, and educational uses
that support healthy and active lifestyles, promote lifelong learning and community education, and encourage ecological stewardship.
Parcels designated as OS-C and OS-R shall be deed-restricted to ensure that future development is restricted to that specified in the Open Space Land Use Regulations in perpetuity.
SECTION 7: Table 3.2 of The Farm in Poway Specific Plan (Permissible Open Space Uses) shall be amended changing Beekeeping with one to three or four or more beehives to a
prohibited activity in both the OS-C and OS-R Land Use Designations.
SECTION 8: Section 3.3 of The Farm in Poway Specific Plan shall be amended as
follows:
3.3 Residential Land Use Regulations
Five Residential land use districts allow for the development of a range of residential
homes of varying configurations and sizes and include the following purpose and intent:
•Residential Twin (R-T) consists of two single-family attached homes adjoined
along a common property line.
•Residential Cottage (R-C) includes a group of two to four single-family homesgrouped together around a shared motor court. Similar to traditional farmsteads, these consist of
an enclave of buildings that are designed to relate to one another. Residential Farmsteads offer
a unique opportunity to create a neighborhood within a neighborhood.
•Residential Garden (R-G) includes traditional single-family homes that take direct
access from a private street.
Residential Homesteads (R-H) are single-family homes located within the
VHFHSZ. As such, they maintain significantly larger building separation that resembles those found on rural Homesteads.
•Residential Meadows (R-M) are large single-family homes situated on traditionallots with conventional setbacks.
All residential properties shall be deed restricted to prevent any future increase in residential density in perpetuity.
5 of7 July 7, 2020, Item #9
•
SECTION 9: Table 3.9 of The Farm in Poway Specific Plan (Lot Development Standards in R-H) shall be amended adding a footnote to Building Height noting "Second story balconies
facing the side or rear property lines for Lots 125 to 129 as indicated on the Civil Drawings approved June 16, 2020, are prohibited."
SECTION 10: Section 8.1 of The Farm in Poway Specific Plan shall be amended as follows:
8. 1 Implementation
Implementation of the Specific Plan requires the approval of a Tentative Map, Development Plan, and Final Map by City Council followed by a voter approval pursuant to the
Proposition FF. Once approved and upon review and issuance of grading permits the site will
be graded in accordance with Section 7.1. Grading is anticipated to begin as early as November 2021 and will be completed in one phase. Grading activities are anticipated to last approximately one year. Trails will be established as part of the grading.
Construction of homes and most major amenity buildings will be phased over approximately 3-
5 years. Phases are anticipated to occur as shown in Exhibit 8.1: Conceptual Building
Construction Phasing; however, phases may occur non-sequentially and/or concurrently depending upon market conditions at the time of construction.
The Farm in Poway has been conditioned to require the execution of permanent deed
restrictions restricting future development of the open space restricted to that specified in the
Open Space Land Use Regulations of this Specific Plan and prohibiting future increases in residential density in perpetuity.
SECTION 11: The applicant shall defend, indemnify, and hold harmless the City, its
agents, officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the project
approval set for in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to SPP 18-001, ZC 19-001, ZOA20-001, GPA 19-001, TTM 19-002, DR 19-001, and CUP 19-005) and any
environmental document or decision made pursuant to CEQA (EA 19-001 ), and any portion of the ballot materials, ballot question, impartial analysis, arguments and rebuttals in favor of the
project, and any other challenge related in any way to the November 3, 2020 ballot measure
concerning The Farm in Poway project approved by this Ordinance. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of
any claim related to this indemnification. In the event of such election, applicant shall pay all of
the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall
have the authority to control the litigation and make litigation-related decisions, including, but not
limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant.
Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the
exclusive gross negligence or willful misconduct of the City.
SECTION 12: Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or
unenforceability shall not affect the validity or enforceability of the remaining sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have
6 of7 July 7, 2020, Item #9
adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 13: In accordance with PMC Section 17.47.100, following the approval of a
specific plan, a deed restriction indicating that the specific plan approval runs with the subject
property shall be recorded.
SECTION 14: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after
its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of the
Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general
circulation in the City of Poway within fifteen ( 15) days after its adoption and shall post a certified
copy of this Ordinance in the Office of the City Clerk in accordance with Government Code Section 36933.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City
Poway, California, held the 16th day of June 2020, and thereafter
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 7th day of July, 2020 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Faviola Medina, CMC, City Clerk
7 of7 July 7, 2020, Item #9
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
July 7, 2020
Honorable Mayor and Members of the City Council
Faviola Medina, City Clerk
(858)668-4535 or fmedina@poway.org
CITY COUNCIL
Second Reading and Adoption of Ordinance No. 843 entitled "An Ordinance of
the City of Poway, California, Amending the City's Zoning and General Plan Land
Use Map, Changing the Zoning and General Plan Land Use Designations from
Open Space-Recreation (OS-R) to The Farm in Poway Planned Community (PC-9)
with Related Amendments to the Poway Municipal Code for The Farm in Poway
Specific Plan (SPP) 18-001 (Zone Change 19-001 and Zoning Ordinance
Amendment 20-001 ); Assessor's Parcel Numbers 273-110-07-00, 273-110-08-00
and 273-110-18-00."
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City
Council Meeting on June 16, 2020. There were 15 speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading:
Recommended Action:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
MULLIN, LEONARD, GROSCH, FRANK, VAUS
NONE
NONE
NONE
NONE
It is recommended that the City Council adopt Ordinance No. 843.
Environmental Review:
An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality
Act (CEQA) in conjunction with The Farm in Poway Specific Plan (SPP) 18-001 and associated
entitlements General Plan Amendment (GPA) 19-001, Tentative Tract Map (TTM) 19-002, Development
Review (DR) 19-001, and Conditional Use Permit Application (CUP) 19-005 PRSP, and was certified by
the City Council on June 16, 2020. The EIR analyzed the potential impacts of the proposed Zone
Change and Zoning Ordinance Amendment. The Final EIR concludes that the potential impacts
1 of 8 July 7, 2020, Item #10
associated with the Specific Plan and associated entitlements, through the incorporation of mitigation
measures, will be mitigated to a level of insignificance. The Final EIR discusses the project alternatives,
the issue areas, and the mitigation measures in detail. No further environmental analysis is required
because the project's impacts have already been analyzed, and are fully covered by the certified EIR.
Fiscal Impact:
Consistent with the City Council's direction from the February 18, 2020 Council Meeting in which
Council discussed including a revenue analysis with proposed projects to help decision making, staff
conducted a revenue analysis for The Farm in Poway project. Staff analyzed the potential ongoing
revenues, such as property tax and sales tax, and excluded one-time revenues, such as transfer taxes.
The data supporting staff's analysis came from a variety of sources. For example, the developer's
agent provided estimated sales information. This information helped support the property and sales
tax analysis. The U.S. Bureau of Labor Statistics (BLS) Table 1203 provided annual expenditures by
income level and expenditure type. The BLS data helped support the sales tax analysis. Sales tax
estimates for commercial buildings were created with the support of published information from the
City's sales tax consultant, HDL.
The residential portion of the development is projected to annually contribute $400,000 in property
tax revenues and $100,000 in sales tax revenues. The commercial portion of the development is
projected to annually contribute $4,700 in property tax revenues and between $2,300 and $23,000 in
sales tax revenues. The range in estimate commercial sales tax occurs because of the potential use
types in the Cafe. The sales tax for a coffee house such as Starbucks is much different than the sales
tax for a bakery-cafe such as a Panera Bread. Based on staffs analysis, approximately $500,000 in
annual revenue is estimated for the City of Poway.
Public Notification:
A summary notice was published in the Poway News Chieftain on Thursday, June 25, 2020. A second
summary notice will be published in the same publication on Thursday, July 16, 2020. A certified copy
of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government
Code section 36933.
Attachments:
A.Ordinance 843
Reviewed/ Approved By:
Assistant City Manager
2 of 8
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
July 7, 2020, Item #10
ORDINANCE NO. 843
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING THE CITY'S ZONING AND
GENERAL PLAN LAND USE MAP, CHANGING THE ZONING AND GENERAL PLAN LAND USE DESIGNATIONS FROM OPEN
SPACE-RECREATION (OS-R) TO THE FARM IN POWAY
PLANNED COMMUNITY (PC-9) WITH RELATED AMENDMENTS TO THE POWAY MUNICIPAL CODE FOR THE FARM IN POWAY
SPECIFIC PLAN (SPP) 18-001 (ZONE CHANGE 19-001 AND
ZONING ORDINANCE AMENDMENT 20-001); ASSESSOR'S PARCEL NUMBERS 273-110-07-00, 273-110-08-00 AND 273-
110-18-00
WHEREAS, The Farm in Poway Specific Plan contains definitions, a land use plan,
development standards and design guidelines that sets the policy framework to guide development;
WHEREAS, The Farm in Poway Specific Plan requires that the City also amend the City's General Plan and Zoning Ordinance, including the General Plan Land Use Map and Zoning Map;
WHEREAS, The Farm in Poway Specific Plan will contain the zoning and land use
designations, development standards and design guidelines for future development within the
Specific Plan area;
WHEREAS, Chapter 17.06 of Title 17 (Zoning Development Code) of the Poway
Municipal Code (PMC) provides the requirements for the establishment and amendment of zoning districts;
WHEREAS, Chapter 17.46 of the PMC provides the requirements for the amendments to
the Zoning Development Code;
WHEREAS, on June 16, 2020, the City Council of the City of Poway also considered
approval of The Farm in Poway Specific Plan (SPP) 18-001 and associated entitlements General Plan Amendment (GPA) 19-001, Tentative Tract Map (TTM) 19-002, Development Review (DR)
19-001, and Conditional Use Permit Application (CUP) 19-005 as well as the certification of a
Final Environmental Impact Report (FEIR) (EA 19-001 ), a request to adopt a specific plan,subdivide 117 acres of land, and construct 160 homes with recreational, agricultural, and
commercial amenities and amending the land use designations as indicated in the Specific Plan
at the decommissioned StoneRidge Country Club;
WHEREAS, the City Council finds that the zoning classification of the property should also
be changed to maintain consistency with the General Plan as required by Section 65860 of the California Government Code and the California Environmental Quality Act;
WHEREAS, this action will establish a new The Farm in Poway Planned Community
designation within Chapter 17.20 Planned Communities of the Poway Municipal Code;
WHEREAS, on June 16, 2020, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; and
WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all other evidence presented at the public
hearing.
3 of8 July 7, 2020, Item #10ATTACHMENT A
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: The above recitals are true and correct.
SECTION 2: A Final Environmental Impact Report (FEIR) (EA 19-001) was prepared for
The Farm in Poway Specific Plan (SPP) 18-001 and associated entitlements Zone Change (ZC)
19-001, Zoning Ordinance Amendment (ZOA) 20-001, General Plan Amendment (GPA) 19-001,Tentative Tract Map (TTM) 19-002, Development Review (DR) 19-001, and Conditional Use
Permit Application (CUP) 19-005. The City Council certified the FEIR at a duly noticed publichearing on June 16, 2020. This zone change and zoning ordinance amendment is made in
furtherance of, and consistent with, SPP 18-001 and is a required entitlement to allow
development of The Farm in Poway project, as specifically analyzed in the FEIR. Approval of ZC-19-001 and ZOA 20-001 is part of the City Council's June 16, 2020 approval of the entire The
Farm in Poway project.
SECTION 3: The City Council hereby approves this Ordinance, approving ZC 19-001
and ZOA 20-001, changing zoning and land use designations and amending certain sections of the City's Municipal Code as specified below, subject to its adoption by City of Poway voters at the November 2020 General Election. The City of Poway Zoning and General Plan Land Use
Map shall be amended to change the Zoning and General Plan Land Use designations for properties within the decommissioned StoneRidge Country Club as listed in Exhibit A from Open
Space-Recreation (OS-R) to The Farm in Poway Planned Community (PC-9) as shown in Exhibit
B.Removals are indicated with strikethroughs and additions are indicated with underline.
SECTION 4: Section 17.20.030(A) of the PMC shall be amended as follows:
17.20.030 Property development standards -General requirements.
A.Except as otherwise permitted herein, aA planned community zone shall include a
minimum area of 300 contiguous acres, under single ownership or otherwise subject tounified planning, by persons, corporations, or other entities. Property owned by public
utilities, local districts or local governments will not be counted toward the 300 acre
minimum, but may be used as a connector of single ownership.
SECTION 5: Section 17 .20.150 of the PMC shall be added as follows:
17.20.150 The Farm in Poway Planned Community.
The Farm in Poway Planned Community includes the area identified in The Farm in Poway Specific Plan which is intended to reflect the long-term vision and objectives for land use
development and public improvements within and adjacent to the StoneRidge neighborhood. The
Farm in Poway Planned Community includes the "Specific Plan area" as identified in The Farm in Poway Specific Plan. The Specific Plan is intended to create a master planned residential
"Sustainable Community" that permanently maintains and enhances the visual and recreational qualities of the existing StoneRidge residential neighborhood. The project area encompasses
approximately 117.18 acres and includes diversity of residential housing types on varying lot
sizes, supported by a range of community amenities surrounded by expansive scenic landscape,
recreational and agricultural uses.* *Editor's Note: PMC 17 .20.150 was added by Ordinance and was approved by the voters
at a general municipal election November 3, 2020. The language added shall not be modified or rescinded without the approval of a simple majority of the City voting at a special or general election.
4 of 8 July 7, 2020, Item #10
SECTION 6: The applicant shall defend, indemnify, and hold harmless the City, its
agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including reasonable attorney's fees, collectively the "Claims" against the
City or its agents, officers, or employees, relating to the issuance of any aspect of the project
approval set for in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to SPP 18-001, ZC 19-
001, ZOA20-001, GPA 19-001, TTM 19-002, DR 19-001, and CUP 19-005) and any
environmental document or decision made pursuant to CEQA (EA 19-001) and any portion of the ballot materials, ballot question, impartial analysis, arguments and rebuttals in favor of the project,
and any other challenge related in any way to the November 3, 2020 ballot measure concerning The Farm in Poway project approved by this Ordinance. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any
claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall
have the authority to control the litigation and make litigation-related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be
required to pay or perform any settlement unless such settlement is approved by applicant.
Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City.
SECTION 7: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any
reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have
adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof,
irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 8: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of the Ordinance and cause it or a summary of it, to be published with the names of the City Council
members voting for and against the same in the Poway News Chieftain, a newspaper of general
circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code Section
36933.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City
Poway, California, held the 16th day of June 2020, and thereafter
5 of 8 July 7, 2020, Item #10
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 7th day of July, 2020 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Faviola Medina, CMC, City Clerk
6 of 8 July 7, 2020, Item #10
Exhibit A
PC-
C
R-C
Exi ting Zoning and L nd U e
7 of8 July 7, 2020, Item #10
-1
Jr
o,
8 of 8
Exhibit B
1
C
P 0-3 -4PC-9
RR-C
Proposed Zoning and Land Use
PC-
PC
p
Map Scale
1• 18,056
July 7, 2020, Item #10
R
RR-C
R
-6
0-
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT City of Poway
July 7, 2020
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Service�
Austin Silva, Senior Planner ��858-668-4658 or asilva@poway.org
CITY COUNCIL
Pre-Development Conference 20-001, a request to amend the Old Coach Golf
Estates Specific Plan to allow a resort hotel with up to 140 rooms at the
Maderas Golf Club
Sunroad Enterprises is proposing to amend the Old Coach Golf Estates Specific Plan (OCGESP) to allow
for a resort hotel with up to 140 rooms to be allowed as a conditionally permitted use requiring a
development review within the developed area of the existing Maderas golf course. Pursuant to
Proposition FF, adopted by the Poway voters in 1988, and the Poway Municipal Code (PMC), this
requires approval by the voters of the City at a special or general election.
The review of Pre-Development Conference (PDC) 20-001 is advisory only. The City Council will not
render any decision. If the applicant wishes to proceed with an application, it is with the
understanding that the City Council has made no representation upon which the applicant may rely.
Recommended Action:
It is recommended that the City Council provide input and direction regarding the request.
Discussion:
The applicant is Sunroad Enterprises and the property owner is Sunroad CC LP. Adopted by the City
Council in 1990, the OCGESP covers the Planned Community (PC) zone area located generally along
the west and east sides of Old Coach Road north of Espola Road which includes the Old Coach
Collection and Heritage 1 single-family residential neighborhoods, and the Maderas Golf Club. The
Golf Club is a part of the OCGESP and includes an 18-hole championship golf course, driving range,
and club house within an envelope of approximately 200 acres of land on one lot. The project location
and zoning map is included as Attachment A.
Since the property is within the Old Coach Planned Community, no increase in commercial use is
permitted until and unless such rezoning or amendment is approved by an ordinance adopted by the
1 of 31 July 7, 2020, Item #11
voters of the City at a special or general election (Proposition FF vote). The applicant can propose to
place this project on the ballot through either a citizen's initiative after gathering a qualifying number
of signatures or through a City Council sponsored measure, after first being approved by the City
Council and then adopted by the voters.
In July 2016, the City Council approved Specific Plan Amendment (SPA) 16-002, which was a request to
amend the OCGESP to allow a hotel with a maximum of 240 rooms within the existing Maderas Golf
Course subject to a Proposition FF vote. A full Environmental Impact Report (EIR) addendum was
prepared to analyze all of the project's potential impacts at that time and the EIR addendum was
adopted. The proposed SPA required voter approval following the approval by the City Council. The
SPA did not receive enough votes to pass and therefore the City Council's approval of the entitlements
was void.
If the applicant decides to pursue this project with a request that it first be approved by the City
Council, then a new SPA application would be required. A SPA has been applied for and drafted in
strikeout/underline format (Attachment B), but was placed on hold by the applicant in order to obtain
input from the City Council as a part of this Pre-Development Conference application. The SPA will
be required to be considered by the City Council at a noticed public hearing.
The proposed SPA would provide language in the OCGESP which could allow the future development
of a hotel with approval of a Conditional Use Permit (CUP) and Development Review (DR). The
applicant desires to place the project within the footprint of the driving range and maintain operations
of a smaller driving range, but a design has not been completed. The hotel would utilize the existing
Clubhouse facilities and would likely add pool(s), spa(s) or other related facilities. A conceptual site
plan (Attachment C) and architectural rendering (Attachment D) of the resort hotel is provided for
illustrative purposes.
The proposed SPA is consistent with SPA 16-002 that was analyzed in the EIR addendum that the City
Council adopted in 2016 except that it contains fewer hotel rooms. The hotel would be limited to a
maximum of 140 rooms, two stories, 35 feet in height, and 100,000 square feet in floor area within a
previously disturbed and developed area of the existing golf course. The hotel would be designed to
complement the architecture of the clubhouse and community structures. The existing vehicular
access to the Clubhouse from Old Coach Road would also be used to access the hotel. Parking for the
hotel would be at the existing Clubhouse provided the Clubhouse has excess parking. Access from
the Clubhouse to the resort hotel and amenities will be taken from the existing golf cart pathway(s) to
reduce vegetation disturbance and preserve open space. Resort hotel operations are prohibited from
well water use. No visually significant trees shall be removed consistent with the EIR.
The review of PDC 20-001 is advisory only. The applicant is seeking feedback on their proposal to
amend the OCGESP to allow a hotel as a conditionally permitted use. The City Council will not render
any decision. If the applicant wishes to proceed with an application, it is with the understanding that
the City Council has made no representation upon which the applicant may rely. The Agreement of
Understanding is included as Attachment E. A neighborhood meeting, or notification of surrounding
properties, was not conducted for this item, but would be recommended if the applicant continues to
pursue the project.
2 of 31 July 7, 2020, Item #11
Environmental Review:
Because no action can be taken, this item is not a "Project" pursuant to the California Environmental
Quality Act (CEQA) and is therefore not subject to CEQA review.
Fiscal Impact:
An analysis of fiscal impact will be completed if a future Specific Plan Amendment is reviewed by the
City Council.
Public Notification:
None.
Attachments:
A.Zoning and Location Map
B.Proposed Amendment to OCGESCP with strikeouts and underlinesC.Conceptual Site Plan
D.Conceptual Architectural Rendering of Resort Hotel
E.Agreement of UnderstandingF.OCGESP (on file in the Office of the City Clerk)
https://docs.poway.org/Weblink/Browse.aspx?id=147663&dbid=0&repo=CityofPoway
Reviewed/ Approved By:
Wrody aserman Assistant City Manager
3 of 31
Reviewed By:
Alan Fenstermacher City Attorney
Approved By:
City Manager
July 7, 2020, Item #11
--Ch~
4 of 31
City of Poway
zoning/ Location Map
Item: PDC20-001
... 0 5001,000
NORTH IL-j Feet
ATTACHMENT A July 7, 2020, Item #11-
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5 of 31
OLD COACH GOLF ESTATES
PLANNED COMMUNITY
POWAY, CALIFORNIA
CASE NO. SPECIFIC PLAN 89-01 Revised per Specific Plan Amendment 89-0lA dated March 13, 2007 Revised per Specific Plan Amendment 20-001 dated [TBD]
Prepared for: Environmental Development, Ltd. Security Pacific Plaza 1200 Third Avenue, Suite 1324
San Diego, CA 92101
(619)696-7355
Contact: Bruce Tabb, President
Prepared by:
Michael Brandman Associates 4918 North Harbor Drive, Suite 205
San Diego, California 92106
(619)226-2223
Contact: Barry K. Hogan, Director of Planning Services
May 7, 1990
ATTACHMENT 8 July 7, 2020, Item #11
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TABLE OF CONTENTS
Section Page
I INTRODUCTION ___________________________________________________________________________________________________________ _!-I
A.Background and Purpose ____________________________________________________________________________________ _I-1B.Setting __________________________________________________________________________________________________________________ I-1C.Existing Conditions ____________________________________________________________________________________________ J-2D.Legal Description _______________________________________________________________________________________________ __I-2
II LAND USE ELEMENT _________________________________________________________________________________________________ II-1
A.Planning Objectives ____________________________________________________________________________________________ II-1B.Planning Concepts ______________________________________________________________________________________________ II-1C.Golf Course Envelope ________________________________________________________________________________________ II-2D.Golf Course _________________________________________________________________________________________________________ II-2E.Clubhouse ___________________________________________________________________________________________________________ II-3F.Preservation Areas ____________________________________________________________________________________________ __II-4
G.Residential Neighborhoods ________________________________________________________________________________ II-4H.Resort Hotel II-4
III TRANSPORT A TI ON ELEMENT _______________________________________________________________________________ III-I
A.Objectives __________________________________________________________________________________________________________ III-1B.Existing Road System _______________________________________________________________________________________ III-1C.Proposed Roads _________________________________________________________________________________________________ III-2
D.Pedestrian System ____________________________________________________________________________________________ III-3E.Golf Cart Paths __________________________________________________________________________________________________ III-3F.Equestrian/Pedestrian Trails _____________________________________________________________________________ III-3
IV PUBLIC FACILITIES ELEMENT ____________________________________________________________________________ __IV-1
6 of 31
A.Water Facilities _________________________________________________________________________________________________ IV-1B.Sewer Facilities _________________________________________________________________________________________________ IV-1C.Drainage _____________________________________________________________________________________________________________ IV -2D.Police Protection ---------------------------------------------------------------------------------------------_IV-2E.Fire Protection ________________________________________________________________________________________________ __IV -3F.Solid Waste Management _______________________________________________________________________________ __IV-3G.Energy ________________________________________________________________________________________________________________ IV-3H.Telecommunications ________________________________________________________________________________________ _IV-3I.Schools ______________________________________________________________________________________________________________ IV-4
July 7, 2020, Item #11
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LIST OF EXHIBITS
Follows Exhibit Page
I Special Study Area 1-1
2 Development Concept Plan 11-;?;J
3 Sections 11-3
4 Resort Hotel Concept 11-4
4� Street Sections III-3
�Q Equestrian and Pedestrian Trail Sketch III-3
61 Maj or Entry Sketch, Maj or Entry Path V-4
-7� Gated Entry Sketch V-4
&2 Street Identification Monument Sketch V-5
91.Q Typical Lot Grading V-7
7 of 31 July 7, 2020, Item #11
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I.INTRODUCTION
A.BACKGROUND AND PURPOSE
This text and the accompanying graphics represent a portion of the application for general plan
amendment/zone change 90-01 A, Planned Community Specific Development Plan 89-
01, Tentative Tract Map TTM 89-13, Specific Plan Amendment 89-0lA, and Specific Plan
Amendment 20-001.
Planning for the Old Coach Golf Estates began prior to the incorporation of the City of Poway.
The Poway Comprehensive Plan designates this area as a Special Study Area (see Exhibit 1). The
Plan states:
"Special study areas should be designed in outlying areas to provide the necessary specific planning of appropriate land uses, public facilities, and financing mechanisms .... Land use changes in the outlying areas shall be required to prepare a specific plan of land use or a planned community development plan that discusses appropriate land uses, public facilities, financing mechanisms and the provisions for environmental quality based upon the following:
•0 Id Coach Area: The O Id Coach area should be oriented to rural residential land uses
or a resort recreational facility that would include a variety of residential andrecreational uses such as golf courses and equestrian centers."
This document represents the culmination of a long process of community participation and
interest in the Old Coach area. The document embodies the dictates of the Poway Comprehensive
Plan as does the accompanying maps. When adopted by the City Council this document along with
the tentative map, and resolution of approval will represent the desired development for the Old
Coach Golf Course Estates Planned Community.
On March 13, 2007, the City Council approved an amendment to the Old Coach Specific Plan (SP
89-0lA) to incorporate a 122.5-acre site and five additional residential lots within the specific plan
area boundaries. The addition of five residential lots increases the maximum number of residential
lots within the specific plan area boundaries from 156 to 161 and increases the total area from 708
acres to 830.5 acres.
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On [TBD], an amendment was prepared for the Old Coach Estates Planned Community to allow
for the development of a resort hotel with pool(s), spa(s) and related amenities with a maximum
of 140 rooms within the golf course envelope. The resort hotel will utilize the existing clubhouse
facilities as hotel amenities.
B.LOCATION
The property is located in the northern portion of the City of Poway. It includes approximately 1/2
mile of frontage along Espola Road directly east of the existing community of StoneRidge and
extends northward approximately 2 miles. The property is bounded on the north by approximately
500 acres of undeveloped land, on the south by Espola Road, on the west by the development
ofStoneRidge Estates, and on the east by Old Coach Estates and Mr. Ed Malone's Ranch.
Environmental Development, Ltd. Owns and controls all ofthe 830.5 acres ofland. The Old Coach
Golf Estates Planned Community details the development plan for the 830.5 acres ofland; its areas
for golf use, for housing, for resort hotel use, for creek preservation, for open space preservation,
and the roadway network for access to and circulation within the property.
C.EXISTING CONDITIONS
The site is primarily undeveloped with only a single-family home off Boca Raton Road and a water
tank site in the same area. The primary topographic characteristics of the site are two rocky peaks
of 900 AMSL, one located just inside the northeast corner of the site and the other located in the
south-central portion of the site which supports the Boca Raton reservoir. Bisecting these
ridgelines is a southeast to northwest trending valley formed by an intermittent stream, Sycamore
Creek. Relatively level area occurs in the center of the north half of the site. A second, relatively
level area occurs south of the reservoir and adjacent to Espola Road. the southern portion of the
site, i.e., the lowers ±80 acres adjacent to Espola Road, is bisected by the San Diego Aqueduct.
D.LEGAL DESCRIPTION
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The site encompasses approximately 830.5 acres of land. It is legally described as the portion of
Sections 18, 19 & 30, Township 13 north, Range 1 west, San Bernardino Baseline and a portion
of Sections 24 & 25, Township 13 south, Range 2 west, San Bernardino Baseline. More generally
described as, San Diego County Assessor Numbers 273-192-18; 273-100-10; 277-010-02, 05, 22,
23; 277-070-24, 27-31; 277-071-01, 02, 08, 09; 277-140-01, 06, 23, 24, 26; 277-071-05, 14, 15,
and 16 and 277-080-04.
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II LAND USE ELEMENT
A.PLANNING OBJECTIVES
The basic objectives of this Plan are to enhance the "magic" of the area through careful planning
and sensitive design for the location and development of a 18-hole championship golf course and
clubhouse; a resort hotel with up to 140 rooms within the golf course envelope; and a community
of high quality, detached, single-family homesites on large parcels of land located throughout the
site. The plan will provide:
•Dedication, preservation, and enhancement of the Sycamore Creek area;
•Preservation and enrichment of the existing communities of StoneRidge and Old
Coach;
•Enhancement of the financial base of Poway through increased assessed valuation
for the Redevelopment Agency and Transient Occupancy Taxes;
•Dedication and preservation, in perpetuity, of many of the surrounding steep
hillsides;
•A safe and attractive road system linking all elements of the community.
Through the requirements of the City's Comprehensive Plan and the additional regulations within
this text, the City and its citizens will be assured development of this Plan in the manner desired
and expected.
B.PLANNING CONCEPTS
The concept for the Planned Community is to take advantage of the natural building areas which
are created within the environmental constraints of the site, the routing of the golf course and the
general plan are applied. The plan relies upon the creation of a 18-hole championship golf course
within an envelope of approximately J00200 acres of land on one lot and a resort hotel with up to
140 rooms within the golf course envelope; surrounding the golf course are 161 large single
family estate lots. The concept is to have the majority of the homesites front on the golf course or
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have views over the golf course. Views overlooking the golf course from the adjacent existing
single-family residential homes will be enhanced.
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Flag lots, contour grading, smooth rounding of manufactured slopes, variation of lot width and
depth, and single-loaded streets are all employed throughout the Plan to minimize grading and to
design a community which is sensitive to the terrain. The Plan provides for preservation of the
riparian area and also ensures that the creek works as a flood control facility. A resort hotel with
up to 140 rooms within the golf course envelope is provided for with the Plan. The Plan provides
for the development of a major golf fairway, fairway number 22, adjacent and parallel to Espola
Road and a 50-foot landscaped scenic setback from the curb to meet the requirements of the
Comprehensive Plan for Scenic Highways while providing an attractive entrance to the project.
The Plan also provides for the preservation, in perpetuity, of certain steep hillsides through open
space easements along the rear portions of the lots within the northern and southern portion of the
site, irrevocably offered to the City for dedication. A Conceptual Development Plan is shown in
Exhibit 2.
C.GOLF COURSE ENVELOPE
The golf course envelope contains approximately 200 gross acres of land and consists of one
continuous lot. Within the golf course envelope, identified on the Development Concept Plan (see
Exhibit 2), 1t11ill be developed a 18-hole championship golf course, clubhouse, and-driving range;
and a resort hotel with up to 140 rooms will be developed; additionally there will be two major
areas of preservation, i.e., the riparian and certain hillside areas.
D.GOLF COURSE
The golf course is designed to be compatible with the protection and enhancement of Sycamore
Creek. No portion of the creek will be used as part of any of the fairway or the immediate rough
area, however, there is one golf hole which will tee across the creek, and will require a single creek
crossing. The fringe or transition areas of the creek will be blended with some of the rough areas
of the golf course. This will be accomplished through sensitive design and with the consultation
of a biologist during construction of the course and in compliance with local, state, and federal
regulations.
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The golf course shall have 18 holes of golf and be of championship length and quality, i.e.,
approximately 7,000 yards for 18 holes, with approximately a par 72 for the 18 holes of golf. The
landscaping of the golf course will be with salt tolerant and drought tolerant ground cover and
plant material. The irrigation design for the golf course shall use the latest proven techniques for
water conservation and shall be so designed as to provide for easy connection to a supply of
reclaimed wastewater at such a time as one becomes available in the future.
The design of the golf course shall occur within the golf course envelope shown on Exhibit 2. The
golf course design shall take into account the accommodation of a clubhouse with meeting rooms,
a restaurant and bar, a snack shop, locker room, pro shop and parking, and the provision for a
driving range and a resort hotel with up to 140 rooms within the golf course envelope. Where
possible, existing mature oak trees will be retained in place or replaced on a one for one basis. The
landscaping of the golf course will enhance the site through the installation of suitable trees and
groundcover. Lots 1-4, located on the east side of Old Coach Road, immediately north of Espola
Road, will be used as the Project Growing Grounds for the golf course and the site. The Project
Growing Grounds will not be permitted to operate as a wholesale or retail commercial nursery.
Upon termination of this use the site will be used as four single-family estate parcels.
E.THE CLUBHOUSE
Within the golf course envelope a building site will be utilized for the development of a clubhouse,
parking lot, �riving range, and a resort hotel with up to 140 rooms within the golf course
envelope as referenced in Section H. The clubhouse will be designed to be compatible with the
residential architecture of the estate homes expected to be built in the area. The design of the
clubhouse will go through the Old Coach Estates Architectural Review Committee and the City of
Poway Development Review procedure prior to the issuance of a building permit. The clubhouse
may include a restaurant/bar, meeting rooms, locker rooms, pro shop, snack shops, and other
related facilities normally found in a golf clubhouse. The parking standards used for the clubhouse
will be those of the Poway Development Code, Off-Street Parking Requirements.
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14 of 31 OLD COACH GOLF ESTATES PLANNED COMMUNITY July 7, 2020, Item #11
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July 7, 2020, Item #11
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F.PRESERVATION AREAS
There are two areas of preservation within the Planned Community. They are the riparian area and
certain steep hillside areas. The major portion of the riparian area will be included as part of the
golf course lot and designed as open space; the remainder of the riparian area, namely Thompson
Creek, will be designated as an open space lot and dedicated to the City of Poway. The steep
hillside areas will take the form of undisturbed and disturbed, but revegetated open space. Each
will be dedicated as open space easements along the rear portions of the single-family parcels. In
the case of the open space easements, that portion of the residential lot will be irrevocably offered
in dedication to the City of Poway as open space. The open space area will be identified by a low
lying, marker system, so that it is clear to the homeowner where their "use area" ends.
G.RESIDENTIAL NEIGHBORHOODS
The plan has two basic residential neighborhoods; the North Neighborhood and the South
Neighborhood Area. The minimum lot size throughout the entire development is 1 acre with the
largest lot over 11 acres in size. The regulations for the development of homes on these lots will
generally follow the requirements of the Rural Residential C Zone, but more restrictive, as shown
in Section VII A, herein. The neighborhoods have been designed to create small units of micro
neighborhood through the extensive use of cul-de-sac streets. Views to the site from the adjacent
StoneRidge Estate development will be preserved and/or enhanced through careful grading and
sensitive siting of future homes (see Exhibit 3).
H.RESORT HOTEL
One resort hotel with up to 140 hotel rooms may be developed within the golf course envelope,
subject to an application and approval of a conditional use permit and development review in
accordance with the California Environmental Quality Act, and review and approval by the City
Council. The resort hotel will be limited to two stories or less, less than 3 5 feet in height, and less
than 100,000 square feet of gross floor area. The resort hotel shall be developed within a
previously disturbed and developed area of the golf course. Architectural treatments and themes
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shall be compatible and consistent with the golf clubhouse and community structures. Review by
the Architectural Review Committee is not required prior to submittal to the City for development
review. Access from the Clubhouse to the resort hotel and amenities shall be taken from the
existing golf cart or vehicle pathway. The access shall meet City standards for a fire access road.
Parking, landscape, lighting and architecture shall meet PMC requirements and guidelines within
the General Plan. A hotel may include pool(s), spa(s) or other related facilities normally found in
a resort hotel. No hotel use will be allowed in the areas of preservation. Resort hotel operations
are prohibited from well water use. No visually significant trees shall be removed consistent with
the EIR. All other applicable Specific Plan regulations, policies and guidelines within this Specific
Plan shall be adhered to, except as otherwise noted in this paragraph.
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--s __ ,-_.,,, .,
\£p \/ u '0
18 of 31
SCALE, 1'•120 0 30 60 120
July 7, 2020, Item #11
-_,.,.,,..---
RESORT HOTEL CONCEPT SKETCH
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•Cable Television: Cable television is currently being provided in the StoneRidge
area via Signal Master. Cox Cable also has provisions for service in the area. The
cable companies will be permitted to install their conduit system within the utilityeasements.
I.SCHOOLS
The community lies within the jurisdiction of the Poway Unified School District. The property is
located within the attendance boundaries of the following existing schools: Chaparral Elementary
School on Tannin Drive, Twin Peaks Middle School on Tierra Bonita north of Twin Peaks Road,
and Poway High School on Espola Road at Titan Way. The current capacity of the schools are
operating at or above capacity, however, with the opening of the new Bernardo Heights Middle
School and the new Bernardo Heights High School, both now under construction, design
capabilities of the middle school and high school should not be exceed.
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V COMMUNITY DESIGN ELEMENTS
A.OVERALL DESIGN CONCEPTS AND GUIDELINES
The overall design concept for the Old Coach Golf Estates is to create a golf resort-oriented
residential community with visitor-serving use of the highest quality. Views of the golf course
from the residential parcels are maximized while providing reasonable areas on each lot for the
location of specifically designed custom homes and associated facilities. The Development
Concept Plan shown in Exhibit 2, graphically depicts each of the elements of the Plan which give
the character and quality to the development. The Plan is conceptual in nature and subject to
refinement through the building design and final engineering process; some of the features will be
adjusted and refined to suit each particular location and condition, pad areas may be adjusted
slightly and reconfigured based upon the final soils report. With respect to the golf course grading
and development, it is inherent in this kind of work that the golf course architect and/or
representative maintain full-time supervision during the grading operation in order to assure
compliance with the approved plans. Careful and modest adjustments and refinements will occur
to accommodate onsite conditions which are difficult to fully anticipate in the conceptual design
of the course; the integrity of the golf course design will be preserved and enhanced as a result of
these refinements.
B. DESIGN CONCEPTS AND GUIDELINES
The following design concepts and design guidelines will regulate the development of the
community. The guidelines presented in this section are intended to ensure an aesthetically
pleasing, well integrated development of the highest quality. While it is expected that the grading
will proceed over the entire site for the installation of utilities and roads, final parcel grading,
together with finish grading of certain streets, may proceed in phases together with the
development of the custom homesites. Minor additional grading by individual lot owners may
occur on some parcels in order to fit their particular home design and appurtenant features to the
specific site.
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The golf course will be developed concurrently with a residential element, followed by
development of visitor-serving uses as part of a future resort hotel with up to 140 rooms within the
golf course envelope. Since the community consists of residential homesites as the primary order
of development, the guidelines are very specific to the style and character desired by the developer
with respect to community level elements and to specific lot level improvements.
1.Land Use
There are seven land uses within the Old Coach Golf Estates development. They are as follows:
•Golf Course/Clubhouse and related facilities•Resort Hotel and related facilities•Custom Single-Family Parcels and Individually Designed Homes•Public Uses such as the fire station and the water tank site•Trails, both regional and local•Project Growing Grounds•Quasi-Public uses such as the mini park, the scenic overlook, and the sewerpump stations
All of the land uses within the community are secondary to the single-family residential. Each of
the land uses listed above are to provide some form of service to the residential of the Planned
Community. As stated within the Poway Comprehensive Plan, " ... The Old Coach area should be
oriented toward rural residential land uses or a resort recreational facility that would include a
variety of residential uses such as golf courses and equestrian centers."
The land plan for the community was defined on the basis of minimum impact upon the topography
and the environment. The road network is private and has four gated entries, two off Old Coach
Road, one on Old Coach Road, and one on Del Paso. The road network was planned to minimize
grading of the site and located in areas best suited to serve the residential homesites. The golf
course was laid out within an envelope that would afford the best views from the homesites while
creating a quality championship golf course having challenging play and beauty. The intent of the
design of the development was to avoid, as much as possible, areas identified as environmentally
sensitive, such as the riparian area, and maximize the potential of the site for views of the valley,
the golf course, and the surrounding hillsides. Minimal access off the public portion of Old Coach
Road
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a trail for jogging or walking and will incorporate native open space and the tank site within its
boundaries.
The scenic overlook will take access from the private road and intersect with the extension of the
Regional Trail. The path to the overlook will not be paved and no motorized vehicular access,
other than for maintenance purposes, will be permitted. The scenic overlook, at 835 AMSL, will
be in the open space Lot A.
Maintenance of the mini-park will be through the HOA, while the maintenance of the scenic
overlook will be through the City of Poway.
7.Lighting
Lighting within the community will be of two kinds, one will be the street lighting along Old
Coach and Espola Roads, and the other will be lighting at the private street intersections. The
lighting along the public portion of Old Coach and Espola Roads will be the City standard, while
lighting proposed for the interior of the project will be incorporated within the street sign
monument, and maintained by the HOA.
8.Architectural Guidelines
This section contains design concepts and guidelines related to architectural form, massing,
aesthetics, and materials. To give the homeowner and resort hotel developer enough flexibility,
the guidelines are conceptual in nature and allow a variety of options. These guidelines, though
conceptual, should be followed as closely as possible to ensure that the intended community design
quality is implemented and maintained.
An Old Coach Golf Estates Architectural Review Committee shall be established by the applicant.
The committee shall consist of representatives of the applicant with the purpose and intent of
implementing the guidelines established herein and within this entire text. V-622 of 31 OLD COACH GOLF ESTATES PLANNED COMMUNITY July 7, 2020, Item #11
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PERMITTED AND CONDITIONAL USES
The following uses shall be permitted; uses where the symbol "P" appears and uses subject to a
Conditional Use Permit where the symbol "C" appears in the column beneath each zone
designation; the symbol "X" indicates prohibition:
A.Residential Uses
1.Single-family dwellings p
2.Two family dwelling X
3.Guest dwellings or p
accessory living quarters.
4.Second single-family C
dwelling on the same lot
as an existing single-family
dwelling (See Section 17 .08.190)
5.Mobilehomes on individual
Lots, and permanent
Foundations which are certified
Under the National Mobilehome
Const. and Safety Standards Act of
197 4 and which were constructed
after Oct. 1976.
6.Group residential, including but not
limited to, boarding or rooming X
homes, dormitories, retirement
homes.
7.Multiple dwellings
a.Rental X X
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X
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b.Condo Conversions
B.Agricultural Uses
1.All types of horticulture
2.Animal grazing and raising
commercial or noncommercial, only
when said property is vacant and 1
acre or greater in size.
3.4-H or FF A animal raising and/ or
keeping.
4.The wholesaling of products raised
on the premises.
5.Keeping of equine animals in
accordance with Section 17.32.010
of the Poway Development Code
and specified lots in the CC&Rs.
6.Keeping of small animals in
accordance with Section 17 .00.000
of the Poway Development Code
and specified lots in the CC&Rs.
7.Keeping of poultry and adult rabbits
for noncommercial purposes in
accordance with Section 24.11 .400
of the Poway Development Code
and specified lots in the CC&Rs.
8.Riding academies and commercial
stables.
9.Kennels, commercial
10.Kennels, noncommercial
11.The keeping of wild, exotic or non-
domestic animals.
12.Large Animal Hospital
VII-5
p X
X
X
p
p
p
X
X
X
X
X
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13.Keeping of beehives:
1 to 3 beehives X a. X b.4 or more beehives X
14.The raising of earthworms.X C.Public & Semi-Public Uses
1.Day nurseries, day care schools and
nursery schools in single-family
detached dwelling:
a.Six or fewer children including p
those who reside at the facility.
b.Seven to twelve children C
including those who reside at the
facility, in accordance with the
requirements of Section
17.48.010 of the Poway Zoning
Ordinance.
C.Greater than 12 children C
including those who reside at the
facility.
2.Convalescent Homes X
3.Churches, convents, monasteries and X
other religious institutions
4.Educational Institutions public or private X
schools not including art, business or
trade schools and colleges.
5.Public Facilities, including but not C
limited to, City headquarters, libraries,
parks, public offices, sub-stations,
reservoirs, pumping plants, and similar
installations.
VII-5
25 of 31 OLD COACH GOLF ESTATES PLANNED COMMUNITY July 7, 2020, Item #11
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EXCERPTS ONLY
6.Private recreational facilities, including C
but not limited to, country clubs, tennis
and swim clubs, golf courses,
racquetball and handball. Limited
commercial uses which are commonly
associated with and directly related to
the primary use are permitted.
7.Hotels C
D.Home Occupations
1.Home occupations subject to the p
provisions of Section 1 7 .28 of the
Poway Development Code.
E.Accessory Uses
1.Accessory structures and uses located on p
the same site as a permitted use.
2.Accessory structures and uses located on C
the same site as a Conditional Use.
3.Unlighted private recreational courts,p
including but not limited to, tennis,
paddle tennis, and other uses determined
to be similar by the Planning Services
Director and the Old Coach Golf Estates
Homeowners Association (See Section
17.30).
4.Private recreational courts, including C
lighting but not limited to, tennis, paddle
tennis, and other uses determined to be
similar by the Planning Services
Director and the Old Coach Golf Estates
VII-5
26 of 31 OLD COACH GOLF ESTATES PLANNED COMMUNITY July 7, 2020, Item #11
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EXCERPTS ONLY
Homeowners Association (See Section
17.30).
F.Temporary Uses
1.Temporary uses as prescribed in Section
17 .26 of the Poway Development Code.
VII-5
p
27 of 31 OLD COACH GOLF EST A TES PLANNED COMMUNITY July 7, 2020, Item #11
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July 7, 2020, Item #11
July 7, 2020, Item #11
AGREEMENT OF UNDERSTANDING
City Council for the City of Poway, hereinafter referred to as 'City' and f: {lle v--tt, -S {__( __ j L �7?. , hereinafter referred to as 'Proponene enter into this
Agreement of Understanding based upon the following facts:
Proponent owns or has an equitable interest in land described by tax Assessor's Parcel
Number(s) B 7'7-)'70-- Zl j' (); 17--I7 /.- .3 f . Proponent desires to develop this
property in accordance with the will of the City and without the expense of a protracted
development.
City is concerned that Proponent will create development plans unsatisfactory to City
and consume time and effort of City employees needlessly on unsatisfactory development
plans unless City assists in directing Proponent.
Base-d ·upon· the above�mentioned facts, City will ·grant Propcn1ent a hearing prior to
filing any application for development upon the following understanding:
Dated:
30 of 31
a.City will render no decision with regards to any development proposal or partthereof.
b.City will receive no evidence, specific in nature, in support of a particulardevelopment plan.
c.City will make no representations that will obligate the City to render a decisionin favor of or against any development proposal or part thereof Proponent maysubsequently submit.
d.If any development proposal is subsequently submitted, Proponent will proceedat its sole and exclusive risk with the understanding that City has made no
:
rep'._esentafons upon which Propone-nt
�
may rely.
I --I 1 -") i'\� -' -� Proponent" ____ _ Signature
ATTACHMENT E July 7, 2020, Item #11
___ ?------
Old Coach Golf Estates Specific Plan (OCGESP) is available on file in the Office of the City
Clerk and also available on line:
https:/ /docs. pow ay. o rg/We b Link/Browse. as px? id= 14 7 663&d bid =0&re po= Cityof Poway
31 of 31 ATTACHMENT F July 7, 2020, Item #11