09-15-20 Agenda PacketSeptember 15, 2020 I 7 p.m. Thank you for participating in your local government and the City of Poway council meetings. Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. Meetings I Pursuant to the Governor's Executive Order N-29-20, a local legislative body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body, during the period in which local public officials impose measures to promote social distancing. Although this Regular City Council meeting will be held at the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064, the Council Chamber will not be open to the public. Remote public participation is encouraged in one of the following ways: To Watch Live: www.poway.org/councilmeetings To Speak and Participate: Go to: www.poway.org/meeting and join using "Computer Audio" If your electronic device has no microphone or speakers: Call: (877) 853 -5247 Enter Meeting ID: 623 291 9830 Enter Participant ID provided on your computer PLEASE NOTE: If you wish to participate, please also read the Speakers section for detailed instructions as it has changed. Public Meeting Access I Residents are strongly encouraged to participate and view remotely at the September 15, 2020 meeting livestream via www.poway.org/councilmeetings (to watch live), via www.poway.org/meeting (to speak and participate), or on Cox Communications Channel 24 and Spectrum Channel 19. Meetings are rebroadcast on Mondays, Thursdays and Fridays at 6 p.m. and Saturday and Sundays at 3 p.m. Council meeting videos are archived and available for viewing on the City's website at www.poway.org/councilmeetings. Submission of written comments concerning items on the agenda is encouraged. Speakers I If viewing online or calling in via telephone, it is highly recommended to log in to the waiting room at least 15 to 30 minutes prior to the commencement of the meeting. Persons wishing Steve Vaus Mayor Caylin Frank Deputy Mayor Dave Grosch Councilmembe1-Barry Leonard Councilmembe1-John Mullin Councilmembe1-
to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. If you wish to speak and are joining the meeting online, please let the City Clerk know prior to the meeting or the announcement of the item by raising your hand digitally or by submitting a chat. If you are not using your computer's audio, please remember to enter your Participant ID on your computer screen when prompted on the phone. If you choose to call in without logging in on line and you wish to speak on an item, you may press *9 when the Mayor asks for speakers at the time that the item you wish to speak on is being considered. You may speak up to three (3) minutes. The Mayor may reduce this time if there are a large number of speakers. PLEASE NOTE: Comments submitted via email will be accepted until 3:00 p.m. of the meeting date and distributed to the City Council as well as be made available online after the meeting. Technical Support I For more information on how to connect, visit www.poway.org/meetinghelp. If you have trouble connecting or accessing the meeting, the Information Technology team is available to help at (858) 668-4451. Agenda Materials I This agenda contains a brief summary of each item the Council will consider. The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway.org. Sign up at https://poway.org/list.aspx to receive email notifications when City Council agendas are published online. Items listed on the agenda with a "#" symbol are in preparation. American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858.668.4530 at least 24 hours prior to the meeting. The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER: ROLL CALL: PLEDGE OF ALLEGIANCE: MOMENT OF SILENCE: PRESENTATION:
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 August 4, 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. A Resolution Authorizing the Acceptance of the 2019 Urban Area Security Initiative Grant Program Funds 4. Award of Contract to New Century Construction, Inc. for the Welcome to Poway Sign Replacement Project; Bid No. 21-002 5. Acceptance of the Fiscal Year 2019-2020 Street Overlay Project; Bid No. 19-013 with SRM Contracting and Paving, Inc., as Complete 6. Approval of Agreement with Nova Commercial Co., Inc. for Janitorial Services; RFP No. 21-003 7. Award of Contract to HSCC, Inc. for the Sebago Avenue Channel Repair Project; Bid No. 21-001 8. Award of Contract to Bio Clean Environmental Services, Inc. for the Annual Trash Capture Program; Bid No. 21-003 9. Award of Contract to Blue Pacific Engineering & Construction for the FY 2019-20 ADA Barrier Removal -Lake Poway Pathways Project; Bid No. 21-004 ORDINANCES FOR INTRODUCTION: 10. Ordinance Amending the Poway Municipal Code Regarding Solid Waste Collection City Manager's Recommendation: It is recommended that the City Council introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for October 6, 2020. ORDINANCES FOR ADOPTION: None. PUBLIC HEARINGS: None.
STAFF REPORTS: 11. Approval of Agreement Amendment with Tyler Technologies for the Purchase and Implementation of Civic Services Software, Approval of Agreement with Bluebeam, Inc. for Software, and Authorize the Purchase of Hardware and Database Software and Appropriation of Funds City Manager's Recommendation: It is recommended that the City Council authorize the City Manager to execute an amendment to the agreement with Tyler Technologies dated May 9, 2017 for Civic Services software, an agreement with Bluebeam, Inc. for electronic plan markup software, and authorize the purchase of hardware and database software to support these applications and appropriate funds for this project. 12. COVID-19 Economic Impacts Update, Approval of Proposed Reorganization of Staffing in the Finance Department and Proposed Changes to the City of Poway Classification Plan and Salary Schedules City Manager's Recommendation: It is recommended that the City Council note and file the report on economic impacts and adopt the resolution approving the personnel changes related to the proposed staffing reorganization and position classification plans and salary schedules. WORKSHOPS: 13. Pre-Development Conference (PDC) 20-002; A Request to Construct a Mixed-Use Development with 220 Residential Units in the Poway Road Specific Plan Area at the former Poway Fun Bowl and Carriage Center City Manager's Recommendation: It is recommended that the City Council provide input and direction regarding the request. COUNCIL-INITIATED ITEMS: COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) CITY MANAGER ITEMS: CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) ADIOURNMENT
State of California County of San Diego ) ) 55. ) AFFIDAVIT OF POSTING I, Carrie Gallagher, CMC, Interim 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 September 9, 2020 at 1 :45 p.m. Said meeting to be held at 7:00 p.m., September 15, 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. l~i~ Carrie Gallagher, CMC, Interim City Clerk
AGENDA REPORT CityofPoway DATE: TO: FROM: September 15, 2020 Honorable Mayor and Members of the City Council Carrie Gallagher, Interim City Clerk ~ (858) 668-4535 or cgallagher@poway.org CITY COUNCIL SUBJECT: Approval of the August 4, 2020 Regular City Council Meeting Minutes Summary: The City Council Meeting Minutes submitted hereto for approval are: • August 4, 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 August 4, 2020 Regular City Council Meeting Minutes. Public Notification: None. Attachments: A. August 4, 2020 Regular City Council Meeting Minutes Reviewed/ Approved By: W~aserman Assistant City Manager 1 of 8 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager September 15, 2020, Item #1
ATTACHMENT ANOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CiTY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES August 4, 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, Dave Grosch, Caylin Frank, Steve Vaus ABSENT Barry Leonard (Councilmember Leonard arrived at 7:01 p.m.) STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; Interim City Clerk Carrie Gallagher; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Fire Chief Jon Canavan (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, Interim 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. PUBLIC COMMENT Kathleen Lippitt, via email and via teleconference, expressed concerns regarding the marijuana industry, on file in the Office of the City Clerk. 2 of 8 September 15, 2020, Item #1
City of Poway -Minutes -August 4, 2020 Chris Olps, via email, submitted correspondence thanking Council for creating a subcommittee for the Poway Center for the Performing Arts (PCPA), on file in the Office of the City Clerk. Phil Factor, via teleconference, expressed fire safety concerns regarding the StoneRidge Country Club property. Janet Lettang, via teleconference, spoke regarding the formation of the Poway Center for the Performing Arts (PCPA) subcommittee created with the intent to meet with community members and hear their ideas for how the City could continue to own and operate the PCPA. Yuri Bohlen, via teleconference, inquired about an environmental review for The Outpost project and about the Mayor's seat should it become vacant as a result of the November 2020 election. CONSENT CALENDAR Motioned by Councilmember Grosch, seconded by Deputy Mayor Frank to approve Consent Calendar Items 1 through 5. 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 July 7, 2020 Regular City Council Meeting Minutes 2. Approval of the July 15, 2020 Special City Council Meeting Minutes 3. Adoption of Resolution No. 20-062 entitled "A Resolution of the City Council of the City of Poway, California, Finding and Declaring the Continued Existence of an Emergency within the City due to the Novel Coronavirus (COVID-19) Global Pandemic" 4. Adoption of Resolution No. 20-063 entitled "A Resolution of the City Council of the City of Poway, California, Amending the Investment Policy for Public Funds" Yuri Bohlen, via teleconference, spoke in favor of a conservative approach to investments. 5. Authorization to Purchase Four (4) Mid-Size Pick-ups and Three (3) Full-Size Pickups by Informal Bid Phil Factor, via teleconference, inquired about purchasing trucks through local dealers. In response to Council inquiry, Director of Public Works Eric Heidemann confirmed that staff had made documented efforts to obtain quotes from local dealers, and were unsuccessful. Mr. Heidemann added that staff will continue to reach out to local dealers for future purchases. ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION 3 of 8 September 15, 2020, Item #1
City of Poway -Minutes -August 4, 2020 None. PUBLIC HEARINGS 6. Conditional Use Permit 20-002 and Development Review 20-004: A Request to Extend the Expiration Date of the Previously Approved Conditional Use Permit and Development Review to Redevelop and Expand the Existing United Oil Gas Station and Add a Carwash and Mini Mart Located at 12462 Poway Road Mayor opened the public hearing at 7:21 p.m. Associate Planner Oda Audish presented the report along with a PowerPoint presentation outlining the project site and proposed redevelopment to the previously approved project. Ms. Audish explained that the applicant submitted a request for modification that would extend the expiration date for two additional years. Al Beaudette, applicant representing United Pacific, via teleconference, spoke in support of the project and was available to answer questions. Mostafa Panah, via teleconference, expressed concerns with noise and water runoff onto his property from the proposed car wash. Mayor closed the public hearing at 7:28 p.m. Council discussion ensued with Council voicing support of the extension. In response to public comment, Ms. Audish explained that water runoff is designed to flow south and be treated onsite before slowly being released into the City's storm drain system. Additionally, she confirmed that the car wash will have doors that will close when the car wash is in use and an 8-foot high wall installed behind the car wash that will provide further noise reductions. Motioned by Councilmember Leonard, seconded by Councilmember Mullin to adopt Resolution No. 20-064 entitled "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit (CUP) 20-002 and Development Review (DR) 20-004; A Modification of CUP 18-004 and DR 16-014 to Extend the Expiration Date for the United Oil Gas Station Expansion and Redevelopment Project at 12462 Poway Road; Assessor's Parcel Number 317-540-75-00." Motion passed unanimously. 7. Resolution Renewing the Fire Protection Special Tax to be Collected on the Property Tax Roll for Fiscal Year 2020-21 Mayor opened the public hearing at 7:31 p.m. Director of Finance Aaron Beanan presented the report and explained that the voter approved fire protection special tax can only be used to support fire protection services. No speakers. Mayor closed the public hearing at 7:33 p.m. 4of8 September 15, 2020, Item #1
City of Poway -Minutes -August 4, 2020 Motioned by Councilmember Mullin, seconded by Councilmember Leonard to adopt Resolution No. 20-065 entitled "A Resolution of the City Council of the City of Poway, California, Renewing the Fire Protection Special Tax to be collected on the Property Tax Roll for Fiscal Year 2020-21." ITEMS 8-14 Mayor opened the public hearings for Items 5 through 11 at 7:35 p.m. Council member Grosch announced that he would recuse himself from the vote on Item No. 8 due to a conflict of interest, residing in Landscape Maintenance District 83-1. Councilmember Leonard announced that he would recuse himself from the vote on Item No. 9 due to a conflict of interest, residing in Landscape Maintenance District 86-1. Deputy Mayor Frank announced that she would recuse herself from the vote on Item No. 12 due to a conflict of interest, residing in Landscape Maintenance District 87-1. Senior Management Analyst Izzy Murguia presented the report along with a PowerPoint presentation for Items 8 through 14. Mr. Murguia explained that the services within Landscape Maintenance Districts and the Poway Lighting District will remain the same with the exception of LMD 87-1 which is being reduced from service level A to service level B. Public comment was received for Items 8 and 10 ( see individual items below for comments.) Mayor closed the public hearings for Item 5 through 11 at 7:46 p.m. Council discussion ensued regarding both the landscape contractor and revenues to maintain the districts. In response to Council inquiry, Mr. Murguia confirmed that the level of service provided by the contractor is the same for all districts, however, the frequency of those services differs by service level which is assigned based on available revenue for each LMD. In response to Council inquiry, Director of Public Works Eric Heidemann, explained that staff will proceed with a formal bidding procedure following the expiration of the current landscape contract. Additionally, staff added that questions or issues concerning LMD's can be submitted via the City's mobile app or by calling (858) 668-4700. 8. Resolution Establishing Assessments for Poway Landscape Maintenance District 83-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 Phil Factor, via teleconference, spoke in opposition to any rate increases. In response to public comment, Mr. Murguia confirmed that assessment rates for LMD 83-1 will remain unchanged from Fiscal Year 2019-20 rates. Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 20-066 entitled "A Resolution of the City Council of the City of Poway, California, 5 of 8 September 15, 2020, Item #1
City of Poway -Minutes -August 4, 2020 Establishing Assessments for Poway Landscape Maintenance District 83-1 to be collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21." Motion carried 4/0 with Councilmember Grosch disqualified. 9. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 No speakers. Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 20-067 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District 86-1 to be collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21." Motion carried 4/0 with Councilmember Leonard disqualified. 10. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-2 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 Don Martin, via email correspondence, inquired about the proposed increase and budget for LMD 86-2B. Dave Anastasia, via email correspondence, expressed opposition to the proposed rate increase to LMD 86-2B. Don Martin, via teleconference, expressed concerns with the quality of service received from the landscape contractor, and in addition, inquired about the justification for the proposed rate increase. In response to Council inquiry, Mr. Heidemann explained that the proposed Consumer Price Index (CPI) rate increase would generate approximately $1,220 in revenue for LMD 86-2B. Mayor Vaus proposed foregoing the proposed CPI increase for LMD 86-2B and using the City's General Fund, on a one-time basis, to cover the assessment increase. Council expressed support for the proposed change. Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 20-068 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District 86-2 to be collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 "; amended with the assessments for Zone B remaining at the Fiscal Year 2019-20 rate. Motion carried unanimously. 11. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-3 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 No speakers. Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 20-069 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District 86-3 to be collected on the San Diego Property Tax Roll for Fiscal Year 2020-21." Motion carried unanimously. 6 of 8 September 15, 2020, Item #1
City of Poway -Minutes -August 4, 2020 12. Resolution Establishing Assessments for Poway Landscape Maintenance District 87-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 No speakers. Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No. 20-070 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District 87-1 to be collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21." Motion carried 4/0 with Deputy Mayor Frank disqualified. 13. Resolution Establishing Assessments for Poway Landscape Maintenance District 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 No speakers. Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 20-071 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District 19-1 to be collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21." Motion carried unanimously. 14. Resolution Establishing Assessments for Poway Lighting District to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 No speakers. Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 20-072 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Lighting District to be collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21." Motion carried unanimously. STAFF REPORTS None. WORKSHOPS None. COUNCIL-INITIATED ITEMS None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) The Mayor and Council made announcements and reported on various events taking place in the City. No action was taken. 7 of 8 September 15, 2020, Item #1
City of Poway-Minutes -August 4, 2020 Councilmember Mullin gave a brief update on the recent meeting of the Metro Wastewater JPA. Mayor Vaus gave a brief overview of an upcoming SANDAG meeting scheduled for 9:00 a.m. August 14, 2020. CITY MANAGER ITEMS: City Manager Chris Hazeltine gave a brief update on recent Council-initiated programs. Mr. Hazeltine reported that 35 applications totaling approximately 1.4 million has been approved for the PEARL Program. He confirmed that there are still funds available for businesses wishing to participate in the program and encouraged others to apply. In regard to assisting Poway restaurants with outdoor seating, Mr. Hazeltine explained that the City has loaned 57 picnic tables to 12 restaurants to help expand their outdoor operations. He added that the City still has picnic tables available to accommodate additional restaurants. He concluded that the SOS Initiative (Sharing Outdoor Space) currently has two businesses permitted to operate in City parks, Mello Yoga operating at Aubrey Park and Gymboree operating at Silverset Park. There are two additional businesses going through the process to participate in the SOS Initiative. Mayor Vaus added that Uri Feldman, representing Sunroad/Maderas, informed the Mayor of a vacant parcel located near the intersection of Old Coach and Espola Road that he would make available for use by the City if needed for the Sharing Outdoor Space program. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION 15. Conference with Legal Counsel Existing Litigation (Gov. Code § 54956.9(a)) Name of Case: City of Poway v. Rothbart, San Diego Superior Court Case No. 37-2016-00033532-CU-OR-CTL 16. Conference with Legal Counsel Existing Litigation (Gov. Code§ 54956.9(a)) Name of Case: Hayes v. City of Poway (United States District Court, Southern District of California) Case No. 20-cv-0799 At the request of City Attorney Alan Fenstermacher, Mayor Vaus adjourned the meeting into Closed Session at 8:20 p.m. City Council came out of Closed Session at 9: 19 p.m. ADJOURNMENT The meeting adjourned at 9: 19 p.m. 8 of 8 Carrie Gallagher, CMC Interim City Clerk City of Poway, California September 15, 2020, Item #1
September 15, 2020, Item #2DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway September 15, 2020 Honorable Mayor and Mem~ of the City Council Jon M. Canavan, Fire Chief~ 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,June 16, July 7, July 21, August 4 and September 1, 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
September 15, 2020, Item #2Environmental Review: This action is not subject to CEQA review. Fiscal Impact: As of August 24, 2020, City costs to respond to COVID-19 are estimated at $566,095. 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, on April 16, 2020, the City Council approved $2,000,000 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 August 31, 2020, staff has received 78 applications requesting $2,812,165 in loans. Based on staff's review, 35 loans totaling $1,385,326 have been approved. Staff has requested additional information from seven applicants in order to determine their eligibility for the program. Twenty-three loan requests were denied, and 13 businesses have chosen to withdraw their applications. The reasons cited for withdrawing an application has varied from businesses having received funding from other sources, businesses are doing better after re-opening, and others that felt the application process was too burdensome or complicated. One loan of $50,000 for a medical provider 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: w~t;tls~rman ' Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
September 15, 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, approved extending the emergency declaration during regularly scheduled meetings on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4 and September 1, 2020; WHEREAS, Public Contract Code Section 20168 provides that the City Council may pass by four-fifths (4/5) vote, a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; WHEREAS, upon adoption of such resolution, the City Manager may expend any sum required in the emergency and report the same to the City Council in accordance with Public Contract Code Section 22050; WHEREAS, if such expenditure is ordered, the City Council shall review the emergency action at each regular meeting, to determine if there is a need to continue the action or if the Proclamation of Local Emergency may be terminated; and WHEREAS, such the Novel Coronavirus (COVID-19) global pandemic constitute an emergency within the terms of Public Contract Code Sections 20168 and 22050 which requires that the City Manager be able to act quickly and without complying with the notice and bidding procedures of the Public Contract Code to safeguard life, health, or property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby finds and declares: SECTION 1: An emergency continues to exist within the City as the result of the Novel Coronavirus (COVID-19) global pandemic; and 3 of 5 ATTACHMENT A
September 15, 2020, Item #2Resolution No. 20-Page 2 (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 15th day of September, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, Interim City Clerk 4 of 5
September 15, 2020, Item #2PROCLAMATION OF LOCAL EMERGENCY WHEREAS, section 2.12.060 of the Poway Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; WHEREAS, the City Manager, as Director of Emergency Services of the City of Poway, does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Poway, caused by the Novel Coronavirus (COVID-19) commencing on January 24, 2020; WHEREAS, that the City Council of the City of Poway is not in session and cannot immediately be called into session; and WHEREAS, this Proclamation of Local Emergency will be ratified by the City Council within seven days of being issued. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services for the City of Poway, that a local emergency now exists throughout the City and that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City, and by the City of Poway Emergency Plan; and IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation of Local Emergency be forwarded to the State Director of the Governor's Office of Emergency Services with a request that; 1. The State Director find the Proclamation of Local Emergency acceptable in accordance with provisions of the Natural Disaster Assistance Act; and 2. The State Director forward this Proclamation, and request for a State Proclamation and Presidential Declaration of Emergency, to the Governor of California for consideration and action. PASSED AND ADOPTED by the Director of Emergency Services for the City of Poway this 13th day of March 2020. ate and Time Chr~ Director of Emergency Services 5 of 5 ATTACHMENT B
September 15, 2020, Item #3; --,r AGENDA REPORT ----.. -,___ C-•--<1:-' DATE: TO: FROM: CONTACT: September 15, 2020 Honorable Mayor and ~ers of the City Council Jon Canavan, Fire Chief \V:} Susy Turnbull, Management Analyst 858-668-4474 or sturnbull@poway.org City of Poway CITY COUNCIL SUBJECT: A Resolution authorizing the acceptance of the 2019 Urban Area Security Initiative Grant Program Funds Summary: The Department of Homeland Security provides funds through the Urban Area Security Initiative (UASI) Grant Program to cities to build and sustain emergency response capabilities. The grant is administered regionally by the San Diego County Office of Emergency Services. Funds for training are allocated to each jurisdiction based on population. Poway's allocation for Grant Fiscal Year 2019 is $12,250. Recommended Action: It is recommended that the City Council adopt the Resolution. Discussion: The Department of Homeland Security provides funds through UASI Grant Program to states and local agencies to build and sustain trained members of our Fire Department. The funds help advance the program's goals and objectives. The County of San Diego applies for, receives and administers federal grant funds associated with the program. The County's Unified Disaster Council, of which Poway is a member, is the governing body that determines the local grant fund distribution formula, which is based on each jurisdiction's population. The City is committed to offer training for our Fire Department personnel for career development and sustainability in our succession plan. This program offers free training that will increase the capability of our workforce. After individuals take recommended classroom training, cities are reimbursed by the County for the full amount of overtime and backfill while the individuals are in training. The County has allocated $12,250 to the City of Poway for staff overtime and backfill to cover the cost of staff time during these trainings. 1 of 3
September 15, 2020, Item #3Environmental Review: This item is not subject to CEQA review. Fiscal Impact: Matching funds are not required for the UASI Grant Program and all grant related expenditures are reimbursable. Upon award of the grant, an appropriation of $12,250 from the General Fund Unassigned Fund Balance will be made to the Fiscal Year 2019 UASI Grant Program Budget. It is anticipated that all expenditures and reimbursements will be completed by June 30, 2021. Public Notification: None. Attachments: A. Resolution Reviewed/ Approved By: Wendy aserman Assistant City Manager 2 of 3 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
September 15, 2020, Item #3RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS THROUGH THE URBAN AREA SECURITY INITIATIVE GRANT PROGRAM WHEREAS, the City of Poway is eligible to receive federal grant funds through the 2019 State Homeland Security Grant Program for emergency preparedness; WHEREAS, the approved grant allocation for the City of Poway is $12,250; WHEREAS, the federal grant funds for the Urban Area Security Initiative Grant Program require no City matching funds, all grant-related expenditures are one-hundred percent reimbursable, and the City shall incur no direct costs; and WHEREAS, it is the desire of the City of Poway to participate in this program to enhance education and emergency preparedness. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The following staff are hereby authorized to execute for and on behalf of the City of Poway, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the Federal Department of Homeland Security and sub-granted through the State of California; Jon Canavan, Fire Chief, OR Scott Post, Deputy Fire Chief, OR Susy Turnbull, Management Analyst PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of September, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, Interim City Clerk 3 of 3 ATTACHMENT A
September 15, 2020, Item #4AG EN DA REPORT City of Poway DATE: TO: FROM: CONTACT: September 15, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services ,f.u\ Jeff Beers, Special Projects Engineer$ (858) 668-4624 or jbeers@poway.org CITY COUNCIL SUBJECT: Award of Contract to New Century Construction, Inc. for the Welcome to Poway Sign Replacement Project; Bid No. 21-002 summary: This project includes the demolition and replacement of seven existing monument signs. The sign locations are at the western City limits on Scripps Poway Parkway, Poway Road, Ted Williams Parkway, Camino Del Norte, Pomerado Road, Espola Road and one sign for the eastern entrance at Poway Road just north-east of Garden Road. Recommended Action: It is recommended that the City Council award the contract for the Welcome to Poway Sign Replacement Project to New Century Construction, Inc., the lowest responsible and responsive bidder, in the amount of $98,500.00. Discussion: The seven existing monument signs are made of wood and are beyond their useful life. Typical maintenance activities for the signs have included post replacement and sign painting. In order to increase the longevity of the signs and minimize the long term maintenance, the replacement signs will be made of concrete. The signs are styled to look very similar to the existing wood signs so that the character of the signs remains unchanged. Attachment A provides a photo of an existing sign on Scripps Poway Parkway along with a drawing of the proposed replacement sign. The contract time for this project is 75 working days with an Engineer's Estimate of $107,000. Bids were opened on July 29, 2020. The following six bids were received: Company Total Bid Amount New Century Construction, Inc. $98,500.00 Tri-Group Construction, Inc. $104,500.00 HSCC, Inc. $134,333.00 Fordyce Construction, Inc. $134,721.00 PVL Signs & Graphics, Inc. $149,500.00 AToM Engineering Construction, Inc. $170,398.00 1 of 12
September 15, 2020, Item #4Environmental Reyjew: The replacement of the monument signs is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that it pertains to maintenance of existing sign facilities. Fiscal Impact: Funding in the amount of $98,500.00 is available in the Facilities Renov FY19 General Ma int account (MNT0016) for the award of this contract. Public Notification: None. Attachment: A. Signage Exhibit B. Contract Reviewed/Approved By: Wendy Kaserman Assistant City Manager 2 of 12 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
September 15, 2020, Item #4Image 1 -Existing sign on Scripps Poway Parkway at west City limit Welcome To POWAY "The City in the Country" ' ~ . ~ -f I ~ t Jr Image 2 -Drawing of Replacement Sign to Match Existing 3 of 12 ATTACHMENT A
September 15, 2020, Item #4SECTION 8 CONSTRUCTION CONTRACT CITY OF POWAY WELCOME TO POWAY SIGN REPLACEMENT PROJECT This Contract made and entered into this 16th day of September 2020, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and New Century Construction, Inc., hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows: 1. The complete Contract includes all of the Contract Documents, which are 2. 3. 4. 4 of 12 incorporated herein by this reference, and include: a. This Contract b. Contract Addenda c. Contract Change Orders d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications f. Contract Plans g. General Condition h. Special Conditions i. Standard Specification for Public Works, most current edition, The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: This project includes the demolition and replacement of 7 existing monument signs in various locations throughout the City of Poway. These signs will be installed in the public right-of-way either behind the curb or in the center medians. The successful Contractor will provide shop drawings and submit for Building Permits prior to the fabrication and installation of the signs. Contractor agrees to perform all the said work and furnish all the said materials at his own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council. ATTACHME~T B
September 15, 2020, Item #45. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $98,500.00 the "Contract Price." City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions. 6. Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 75 Working Days after the date specified in the Notice to Proceed. 7. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum: $500 per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty. 8. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. 9. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects. Travel and subsistence pay shall be paid in accordance with Labor Code § 1773.1. 10. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract. 11. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and § 1812 5 of 12 2
September 15, 2020, Item #4which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him in connection with the work performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code§ 1813. 12. Contractor will comply with the provisions of Labor Code§ 1777.5 pertaining to the employment of apprentices to the extent applicable to this Contract. 13. Contractor, by executing this Contract, hereby certifies: "I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. 14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City. 15. a. Contractor shall procure and maintain at its own expense, until completion of 6 of 12 performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period. b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the 3
September 15, 2020, Item #47 of 12 aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement. c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same. Worker's Compensation Insurance: o Contractor has no employees and is exempt from workers' compensation requirements. o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings. e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, 4
September 15, 2020, Item #4volunteers, agents and independent contractors, that result from such failure by Contractor. 16. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City. b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors. d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits. e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors. 17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, 8 of 12 officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are 5
September 15, 2020, Item #418. 19. 20. 21. 22. 23. 24. 25. 26. 9 of 12 determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective. The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such 6
September 15, 2020, Item #4manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 27. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 28. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. 29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. 30. a. Contractor shall, without disturbing the condition, notify City, in writing, as soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order. d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. 10 of 12 7
September 15, 2020, Item #431. This Contract is to be governed by the laws of the State of California. 32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment. City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank) 11 of 12 8
September 15, 2020, Item #4IN WITNESS WHEREOF, the said Contractor and the Director of Public Works, City Manager Mayor and City Clerk of the City have caused the names of said parties to be affixed hereto, the day and year first above written. Contractor's Name: Print Name of Construction Company By: -------------Signature Print Name Contractor information: Address for Notices and Payments Telephone Number: ______ _ Email: -----------CITY OF POWAY a Municipal Corporation City Manager of the City of Poway ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP END OF SECTION 12 of 12 9
September 15, 2020, Item #5AGENDA RE PO RT City of Poway DATE: TO: FROM: CONTACT: September 15, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development ServicesfA Jeff Beers, Special Projects Engineer~ (858) 668-4624 or jbeers@poway.org CITY COUNCIL SUBJECT: Acceptance of the Fiscal Year 2019-2020 Street Overlay Project; Bid No. 19-013 with SRM Contracting and Paving, Inc., as Complete Summary: On May 5, 2020, the City Council awarded the contract for the Fiscal Year 2019-2020 Street Overlay Project; Bid No. 19-013, to SRM Contracting and Paving, Inc., in the amount of $917,788.63. This action will accept the project as complete. Recommended Action: It is recommended that the City Council: (1) Accept the Fiscal Year 2019-2020 Street Overlay 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 $47,887.16, if unencumbered, 45 days after City Council acceptance; (4) Release the Nationwide Mutual Insurance Company Bond for Material and Labor in the amount of $917,788.63 after the release of retention; and (5) Retain the Nationwide Mutual Insurance Company Bond for Faithful Performance for a period of one year. Discussion: The scope of work for the Fiscal Year 2019-2020 Street Overlay Project included the removal and replacement of asphalt concrete within select streets needing repair. These streets included Espola Road, from Sand Hill Road to Titan Way, Espola Road from Twin Peaks Road to Range Park Road, Twin Peaks Road from Espola Road to Midland Road, Twin Peaks Road from Espola to the east end, Tierra Bonita Road from Twin Peaks Road to Fiddletown Road, Belvedere Road from Tierra Bonita Road to the south end, Del Poniente Road from Huntington Gate Road to Espola Road and Pomerado Road from Bernardo Heights Parkway to the northern City limit. There was one Change Order in the amount of $39,954.50, which adjusted quantities that were more than the estimated quantities on the bid schedule. The final contract amount is $957,743.13. 1 of 2
September 15, 2020, Item #5Environmental Review: The matter of acceptance of public improvements that have been completed, which were the subject of a prior environmental determination, is not subject to the California Environmental Quality Act. Fiscal Impact: Sufficient funds are available in R&M Eng Srv-Cong Rel account (411040-43202) for the release of retention in the amount of $47,887.16. Public Notification: None. Attachments: None. Reviewed/ Approved By: Wendaserman Assistant City Manager 2 of 2 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
September 15, 2020, Item #6DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL September 15, 2020 Honorable Mayor and Members of the City Cou'\cil Eric Heidemann, Director of Public Works 4~ ~ Will Wiley, Assistant Director of Public Works for Maintenance Operations (858) 668-4705 or wwiley@poway.org Approval of Agreement with Nova Commercial Co., Inc. for Janitorial Services, RFP No. 21-003 A notice inviting proposals for janitorial services was duly advertised on July 9 and July 16, 2020. Eight proposals were received on August 17, 2020. Nova Commercial Co., Inc. was selected as the firm providing the best value for the City to provide comprehensive janitorial services. The first term of the Agreement is for one year beginning October 1, 2020, through September 30, 2021. The Agreement may be extended through a total of four (4) separate one-year extensions. 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 Janitorial Services, RFP No. 21-003, to Nova Commercial Co., Inc. and authorize the City Manager to execute the necessary documents. Discussion: The City contracts for daily cleaning and custodial services for 28 City facilities and park restrooms covering approximately 151,000 square feet. Among the 28 City facilities serviced are: City Hall, Public Works Administration, Library, Poway Center for Performing Arts, Water Treatment Plant, three fire stations, and park restrooms. Janitorial services are currently being provided under a limited scope and on an interim basis, as a result of the termination of the City's most recent janitorial services agreement, which occurred on April 23, 2020. The limited janitorial services under the current interim based agreement is valid through September 30, 2020, while City staff prepared a new request for proposal (RFP) for a long-term agreement. On July 9 and July 16, 2020, the City advertised the RFP for janitorial services. The RFP was posted on the City's website and advertised in the local newspaper. In addition, staff contacted several vendors 1 of 55
September 15, 2020, Item #6who are currently providing service to neighboring cities regarding the bid opportunity. On July 22, 2020, a voluntary pre-proposal meeting and site walk was held and was attended by nine interested companies. On August 17, 2020, the City received eight proposals. Six proposals were complete and met the RFP requirements and two proposals did not include pricing for three bid alternate items, and therefore staff could not determine a complete comparative cost for these firms. An evaluation panel reviewed the proposals based on criteria specified in the RFP, which included responsiveness to the RFP, cost, qualifications, and experience. Included below is a summary of all proposals received, in order by their overall evaluation ranking. Table 1:Janitorial Services Proposal Summary Company Base Bid Base Bid + Alternates Nova Commercial Co., Inc. $271,273.36 $276,101.50 NMS Management, Inc. $565,419.67 $574,225.94 CCS Facility Services $206,413.47 $214,030.71 Base Hill, Inc. dba Jan Point $286,882.44 $297,407.44 Allied Universal $317,367.32 Unknown California Office Cleaning $311,791.00 $321,444.00 Blue Moon Cleaning & Restoration $587,588.00 $602, 11 8.00 Forte Commercial Cleaning $549,878.52 Unknown The costs included in the "Base Bid" include the proposer's submitted yearly costs to service 28 City facilities. The Base Bid did not include the new Mickey Cafagna Community Center as it's currently under construction. Staff will be including the facility to the scope of the Agreement at a later date, when operational. In addition to the Base Bid, the RFP included three alternate bid items: A) Additional cleanings and event set ups for the Council Chamber (Qty. 24) and PCPA (Qty. 4); B) As-needed acid washes for five facilities; and C) As-needed services for the City's Household Hazardous Waste facility. In addition, the RFP included as-needed COVID-19 Extra Cleanings and COVID-19 Emergency Response Cleanings as additive, alternate bids; meaning the City could choose to award these services under one or separate agreements. These cleanings are for the disinfecting of high touch surface areas and the disinfecting of areas when there is a confirmed or suspected COVID-19 case. Following the evaluation and cost analysis, the panel determined Nova Commercial Co., Inc. ("Nova") offered the best overall value to provide the comprehensive janitorial services the City is seeking. Over the past several months, Nova has provided janitorial services to the City on an interim basis and has demonstrated a commitment to continuous improvement and quality control. Moreover, Nova has been integral in providing janitorial services in light of COVID-19 with attention given to preventing the potential spread of infection and meeting the specific needs of the City. Under the Agreement, Nova will be providing daily and weekly deep cleaning services in accordance with industry standards. Nova was founded in 1966 and has been providing janitorial services for over 50 years, cleaning over 3.8 million square feet daily throughout San Diego County, the Bay Area and Sacramento. Nova has a number of public sector customers, including San Diego Courthouse-downtown, South Bay Regional Center, Seneca Centers, various city facilities, public health offices, libraries, and community centers, and understands the importance of customer service and impact cleanliness has on City staff, residents, and the City's assets. It is important to note the Agreement allows City staff the flexibility to add or subtract cleanings based on the staffing and operational needs of each facility. For example, if a facility is closed to the public, a level of cleaning and sanitation is still required for the health and safety of City staff. In addition, 2 of 55
September 15, 2020, Item #6the length of the Agreement is for one year beginning October 1, 2020 through September 30, 2021, with an option to extend the Agreement for four (4) separate one-year terms. Extensions are subject to Council appropriation of funds and mutual agreement by both parties. The maximum length of the Agreement would be up to five (5) years. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: There are sufficient funds currently available in Fiscal Year 2020-21 Budget (204020-41400, 206020-41400 and 415010-41400) to approve the Agreement with Nova, which begins October 1, 2020. Funds for subsequent fiscal years will be included in the annual budget process for Council consideration. Public Notification: None. Attachments: A. Agreement with Nova Commercial Co., Inc. Reviewed/ Approved By: Assistant City Manager 3 of 55 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
September 15, 2020, Item #6City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this First day of October, 2020, by and between the CITY OF POWAY (hereinafter referred to as "City") and Nova Commercial Co., Inc. (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform janitorial services for various City facilities (Project); and WHEREAS, Contractor has special knowledge, experience, facilities and Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 4 ofSS ATTACHMENT A
September 15, 2020, Item #65. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 5 ofSS
September 15, 2020, Item #6"Contractor" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (8) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: [8J 1. Contractor/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 6 ofSS
September 15, 2020, Item #6years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses. Permits. Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 14. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. 7 of 55
September 15, 2020, Item #6(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. 8 ofSS
September 15, 2020, Item #6Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of Cal PERS while providing services to City. 9 ofSS
September 15, 2020, Item #6Contractor 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 55
September 15, 2020, Item #6IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-----------Chris Hazeltine, City Manager Date: -----------ATTEST: Carrie Gallagher, Interim City Clerk APPROVED AS TO FORM: By:(Jk. ~ Alan Fenstermacher, City Attorney 11 of 55 NOVA Commercial Co., Inc. By:------------Name, Title Date: ------------
September 15, 2020, Item #6"SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Contractor agrees to perform contractual services as required by City, which shall consist of the janitorial services further described in the Scope of Services submitted with the proposals dated August 17, 2020, which is included in this document as Attachment 2, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. 8. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated August 17, 2020, which are included in this document as Attachment 1. Total fee is not to exceed $276,101.50 per year plus amounts designated for as-needed services, not to exceed the City's adopted fiscal year operating budget for Janitorial Services and subject to adjustment of rates as set forth in Attachment. After the first year's fixed term, the rate may be adjusted by the City as provided herein solely on the basis of the change in the Consumer Price Index for All Urban Consumers (CPI-U) for the San Diego-Carlsbad area, provided, however, that those adjustments in rates based solely on the change in CPI-U will not exceed five (5) percent per annum. 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. C. Term of Agreement. This Agreement shall be effective from the period commencing October 1, 2020 and ending September 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 four (4) additional one-year periods upon approval in writing of the City Manager and Contractor. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. D. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. 12 of 55
September 15, 2020, Item #6( d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Contractor: 13 of 55 City of Poway P.O. Box 789 Poway, CA 9207 4 Nova Commercial Co., Inc. 2573 Market Street San Diego, CA 92102
September 15, 2020, Item #6GUARANTY To the City of Poway, City Council, for: JANITORIAL SERVICES The undersigned guarantees the work included in this project(s). Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal. Contractor Date **TO BE SUBMITTED WITH EXECUTED CONTRACT** 14 of 55
September 15, 2020, Item #6WORKERS' COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." Contractor By: Title Date Section 3700 of the State Labor Code reads in part as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees." **TO BE SUBMITTED WITH EXECUTED CONTRACT** 15 of 55
September 15, 2020, Item #6EXHIBIT "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) 16 of 55 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with
September 15, 2020, Item #6a 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: 17 of 55 (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 qays 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.
September 15, 2020, Item #6(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 (t) 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 6 9615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13). effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015. Annotations Notes Amendments: Note--Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (t)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (t)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 18 of 55
September 15, 2020, Item #6ATTACHMENT 1 PROPOSAL TABLES BID ITEM A FACILITY GENERAL SPECIAL EVENT ACID WASH SERVICES ASSISTANCE TILE (per (Yearly) (Yearly) Buildingt 1 City Hall 13325 Civic Center Dr. I 1$ 58,940.52 2 Council Chambers 13325 Civic Center Dr. I 1$ 7,635.44 $ 2,153.76 3 Fire Station 1 Administration 13050 Community Rd. I~ 721.82 Downstairs/Classroom/Restrooms/Hall I 4 Fire Station 1 Administration 13050 Community Rd. Upstairs I IS 1,728.92 I 5 Fire Station 3 14322 Pomerado Rd ~ 1964.96 I. 6 Community Park Ball Field Restrooms 13094 Civic Center Dr. .IS 909.12 7 Community Park Pool {Lockers, Showers) 13094 Civic ~ $ Center Dr. I 11,401.10 225.00 I 8 ~ 2,735.04 Community Park Pool Admin 13094 Civic Center Dr. I I 9 Community Skateboard Park Restrooms 13100 Civic Center Dr. ~ I 5,060.16 I I 1( Library 13137 Poway Rd. I j$ 44,197.80 $ 139.50 11 Old Poway Park -Includes the following facilities: I $ 240.00 ~ 25,522.24 Train Depot Restrooms 14154 Midland Rd I Porter House 14134 Midland Rd. Templar's Hall 14132 Midland Rd. Park Restrooms 14114 Midland Rd. (include Acid Wash) I I 1~ i Aubrey Park Restrooms 13544 Aubrey St. ~ 1,249.24 ! ~ Vehicle Maintenance Facility 14415 Lake Poway Rd. I ~ 2,512.72 I 4 Operations Center 14445 Lake Poway Rd. ~ 5,337.76 1 $147.00 I 15 Public Works Administration 14467 Lake Poway Rd. ' I ~ 7,382.80 I 16 Filtration/Water Treatment 14521 Lake Poway Rd. I I ~ 7,639.22 I IS I 17 Community Services Lake Administration 14644 Lake Poway Rd. I 4,007.14 I 18 Parks & Landscape Shop 14644 Lake Poway Rd. I 1$ 717.80 Lake Poway Restrooms 14644 Lake Poway Rd. (Excluding I IS 3,330.60 f 19 Concession Restrooms) 20 Lake Poway Concession Restrooms 14644 Lake Poway Rd. I 1$ 3,676.44 I 21 Lake Poway Pavilion 14644 Lake Poway Rd. I IS 3,173.96 I I 22 Lake Poway Entrance Booth 14644 Lake Poway Rd. 704.06 I 23 Twin Peaks Gymnasium 14640 Tierra Bonita Rd. 1 IS 12,165.16 I 24 Meadowbrook Gymnasium 12320 Meadowbrook Ln. I j$ 12,195.56 I 25 Materials Handling Yard 12325 Crosthwaite Circle. I~ I 674.36 I 26 Iron Mountain Restrooms Poway Rd. & Highway 67 1 IS 5,751.96 i, I 27 Poway Center for Performing Arts 15498 Espola Rd. $ I $ $33,931.46 1,256.88 525.00 I Total l 1211,273.36 $3,410.64 51,276.50 19 of 55
September 15, 2020, Item #6FACILITY + KYmeyaa,i ~ W8$i:etjve Ge~ ~ ~R8am 3 Household Hazardous Waste Building 20 of 55 ATTACHMENT 1 PROPOSAL TABLE ~-NEEDED BID ITEM A GENERAL SERVICES $.-~--$-$ 141 00 Qtr_grvi :e SPECIAL EVENT ACID WASH ASSISTANCE Tlr (per Building) I '
September 15, 2020, Item #6PROPOSAL TABLE Page2 Please write your calculated total price (including labor materials, overhead and profi~) for each line of the 27 building services frequency matrixes contained within the Proposal Table~ The sum of the totals on the Frequency Matrixes must match the Total Cost for Schedule Work as entered in the two columns above. The Poway Center for the Performing Arts (PCPA) must be entered separately in the space provided below and on its own matrix. The Proposal Table does not include the total from the matrixes for the Kumeyaay lpa~, and Train Barn. These two matrixes are to be used for as-needed pricing only. To facilitate poss ble future negotiations, the line items from all matrixes will serve as a schedule of values for eac facility in the event the City requires future adjustments to frequencies or services. No lines ar , to be left blank on the proposal form or frequency matrixes. Total for General seryjces <Yearly): TOTAL AMOUNT IN WORDS: Two Hundred Thirty Seven Thousand Three Hundred and F9urty _O_n_e ___________ DOLLARSand __ N_in_et_y ________ CfNTS Total for Special Event Assistance <Yearly): TOTAL AMOUNT IN WORDS: Two Thousand One Hundred and Fifty Three _____________ DOLLARSand __ Se_v_e_nt_y_S_ix _______ C$NTS Total for Acid Wash Iile tper Building): TOTAL AMOUNT IN WORDS: One Thousand Two Hundred and Seventy Six DOLLARS and Fifty CENTS -----------------------------**************************************************************************************************~***** Poway Center for the Performing Arts (PCPA) Total tor General services <Yearly): TOTAL AMOUNT IN WORDS: Thirty Three Thousand Nine Hundred and Thirty One DOLLARS and Fourty Six CEE, NTS -----------------------------Total for Special Eyent Assistance: (maximum 4 events Yearly) TOTAL AMOUNT IN WORDS: One Thousan Two Hundred and Fifty Six ____________ DOLLARS and_E_ig_h_ty_E_ig_h_t _______ C~NTS **************************************************************************************************** City-wjde: 4.50 Upholstery Steam Cleaning Chairs: $ _________ _,...er Chair ***************************************************************************************************t Carpet Cleaning Services: $ 0·09 er sq./ft. **************************************************************************************************** Strip and Waxing of Floors:$ 0·25 er sq./ft. **************************************************************************************************** 10.00 Window Cleaning Services: $ ____________ -i-er window pane 21 of 55
September 15, 2020, Item #6Unscheduled and unquantified work, such as for cleanup of spills and other emergences will be billed on a time and materials basis using a standard hourly rate (which shall inch.lJde labor, materials, overhead and profit). For the purpose of bid evaluation, bidders shall enter below a standard hourly rate: Standard Hourly Rate: $ 28 0_0 _____ _ Work requested for power washing at any facility will be billed on a time and materials b~sis using a standard hourly rate (which shall include labor, materials, overhead and profit). For th~ purpose of bid evaluation, bidders shall enter below a standard hourly rate for this service: Power Washing Hourly Rate: $_3_6·_0_0 ____ _ ACKNOWLEDGEMENT The City reserves the right to make necessary changes to the services and frequencies. c;;i;/ 0 8/14/20 Prop~ature -D-a-te ___________ _ Executive Operations Manager Proposing Contractor's Title: __________________ _ Requests for additional information, notice of award and Contracts will be addressed to proposing Contractor with the provided information below. Please note all Contract documents will be handled through the email address listed here. Nova Commercial Co., Inc. Business Name/Proposing Contractor Please Print: ______ _ Authorized Agent or Officer: Eleanor Anglin Title: Executive Operations Manager Address: 2573 Market Street San Diego, CA 92102 Service Address: Telephone No. 619-336-1207 Email: eleanor@novagbc.com Business License No. New bus lie Expiration Date: 12131120 22 of 55 Fax No. 619-336-1288 Issuing City/County: g_ty of Poway
September 15, 2020, Item #6PROPOSAL TABLE COVID-19 EXTRA CLEANINGS BID ITEM B The following item is an "Additive Alternate Bid Item". To bid on this Additive Alternate Bid ltem "B", a .Contractor must also bid on the City's janitorial services base bid, Bid Item "A", The COVl~-19 Extra Cleanings are optional specialty services that will occur based on the needs of the City afild are not guaranteed for any period of time or for a minimum dollar amount. · Please give a square foot price for considering all the above. $_0_·2_3 ___ /square toot! For the purpose of bid evaluation, bidders shall enter below a standard hourly rate: Standard Hourly Rate: $_3_8·_5_0 _______ _ List any additional charges that may apply that are not mentioned above. (Ex. Mobilization/Demobilization, Fee for weekends or holidays, etc.) H 1.d 01 ay $ 7.00 I addition31 per hour -----------------23 of 55
September 15, 2020, Item #6PROPOSAL TABLE COVID-19 EMERGENCY RESPONSE BID ITEM C The following item is an "Additive Alternate Bid Item." A Contractor can bid on this Additive Alternate Bid Item as a separate line item, e.g., a Contractor is not required to bid on the base bid and cov1D-19 Extra Cleanings Additive Alterative Bid Item. The COVID-19 Emergency Cleanings are optional specialty services that will occur based on the needs of the City and are not guaranteed for any period of time or for a minimum dollar amount. The City reserves the right to award a separate contract for thts Additive Alternate Bid Item. Please give a square foot price for considering all the above. $_0_·4_8 ___ /square foot For the purpose of bid evaluation, bidders shall enter below a standard hourly rate: Standard Hourly Rate: $ __ 49_·_50 _______ _ List any additional charges that may apply that are not mentioned above. (Ex. Mobilization/Demobilization, Fee for weekends or holidays, etc.) I'd Ho t ays $ 7 .0 O /_addition alper hour 24 of 55
September 15, 2020, Item #6N
U'I
0 -+t
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City Hall -Administration
13325 Civic Center Drive
A. General Cleanlng
All
8. Deep Cleaning
All
C. Special Services
1. Deep Cleaning/Surface Preservation
(All other flooring except ~rpets)
2. Deep Cleaning/Surface Preservation • Carpets
3. Interior/Exterior All Windows/Glass and Mirrors
4. Patio Cleaning & Tables and Chairs Cleaning
Dally On:
... (11 J:. ~a :g t u.. > • Ul > I .., .... "'C 0. > C: QJ Ill
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)(
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Semi-
Weekly
On:
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all
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all
X
Weekly On:
> ~ ~ "0 IU
City Hall
Contractor Submits Schedule for
Approval:
e
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-IU C: > "'C C: = Al er: ~ l 'i=
X I X
)(
)(
ATTACHMENT 1
Totals:
i
Z! ~ j
I 44,140.68 I
672.64 j
717.46
September 15, 2020, Item #6N O'\
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Fire Station 1
Administration
13050 Community Road
Downstairs Classroom/Restrooms/Hall
A. General Cleaning
All
B. Deep Cleaning
All
C. Special Services
1. Deep Cleaning/Surface Preservation
(All other flooring e)(cept carpets)
2. 0
3. Interior/Exterior All Windows/Glass and Mirrors
Semi-
Daily On: I Weekly
On:
Weekly On: I Contractor Submits Schedule for
Appr
1
oval:
1
I
> I ~ > > "' ra ra "O :g "C :g § ·;::
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> I I I
~
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"0 > £ :::,
l(l re > .?: > C i C: .?:
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0 ~ C QJ C:
X I I I I I I I I I
X I X I I I I I
x I I
Fire Station 1 Admln-Oownstalrs
I Totals:
;;
~
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~63.28
f 14.12
I 10.56
September 15, 2020, Item #6N .....
0 -1'
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Community Park
Ballfield Restrooms
13094 Civic Center Drive
A. General Cleaning
All
B. Deep Cleaning
All
Daily On:
> I ib "' "t:l :g §
U.. Vl
Semi-
Weekly
On:
> > "' "' "t:l :g ·.::: u. u. ca ca
Weekly On:
)C
Contractor Submits Schedule for
Approval:
~ £ C 0 ~ .!.
.:!:-iv ::s C: C:
<If. ·e
1\1
Comm Park Ballfield Restrooms
"t:l QJ -c QJ QJ z
Totals:
1 z. ~ 0 ~
~
September 15, 2020, Item #6Community Park Semi-Contractor Submits Schedule for Daily On: Weekly Weekly On: Totals: Pool -Showers/Lockers On: Approval: 13094 Civic Center Drive > ! ! .. i > .., ! > ,. 1 I-,. . ., :, ! > 1 .s; .., f=. ! I i ... > > ] oil oil .. i .., ~ > z i > > i > > > ~ > >-·.:: > ., ,. "' ,. ,g ~ ~ ~ ~ 1 I ..., ·o .., ..., .., ,. :ic i l ~ C C ; C C ., ~ I e ~ ~ i ~ t .., ~ a ! C. C. t iii j( .,i :l .;: A. GeMRIOeifflinc All I I XI I I LJ I I I I I I I I I llz 161..a> B. Dttp Clellnin1 All I I I I I I I I I Lil XI I I [_Ll...5.3.MU C. Specilll Services 1. Deep Cleaning/Surfllce Preservation 102.50 (All other flooring 6Cept urpet5) X 2. Interior/Exterior All Windows/Glass and MirrOfl X R400 Total-General Services>» l/.4Ut.10 28 of 55 Comm Park Pool
September 15, 2020, Item #6N \0
0 -1' u, u,
Library
13137 Poway Road
A. General Cleaning
All
B. Deep Cleaning
All
C. Special Services
1. Deep Cleaning/Surface Preservation
(All other flooring e)(cept carpets)
2. Deep Cleaning/Surface Preservation -Carpets
4. t>ower wasning or t>at10/1nc1uam~ t>at10 oetween
Parking Lot and Building
Daily On:
>I~ cu "0 :g 5
U... VI
X
Semi-
Weekly
On:
> > ra ra :g -0 ·.:: u... u..
oil >I> ra I'll -c -c C: C: 0 0
Weekly On:
> I'll ~ QJ C -c QJ
Library
Contractor Submits Schedule for
Approval: 1 I Totals:
E !
E VI ~ ~
E e ~ E J!:-E i:i ~ m C
~ ~ ~ ::, ~ -0 0
> -5 ~ C: > (11 :i C -c > £ C ~ er-m (11 32 0 (11 4J C: ~ ·e ::,
QJ 0 ~ C z
4J C
I 38,960.041
X I X I I I I I I 362.Go
I X I I I I I I 6s.12
September 15, 2020, Item #6w 0
0 .....
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Old Poway Park
Porter House
14134 Midland Road
A. General Cleaning
All
B. Deep Cleaning
All
C. Special Services
1. Deep Cleaning/Surface Preservation
(All other flooring except carpets)
2. Deep Cleaning/Surface Preservation• Carpets
3. Interior/Exterior All Windows/Glass and Mirrors
I I Semi-Daily On: Weekly
On:
I> I ~I~ I ~ l'0 -a -0 "C -0 C: ·;:: ·;:: •;:: ::J LL LL ~ ~ ca ca
X
Weekly On:
> l'0 ~ cu C: -0 cu
OPP Porter House
Contractor Submits Schedule for
Approval:
~ iv :J T .:: C:
QJ 4: t:'. . .!.
l'0 E :,_ cu
X I X
X I -
-X
I
Totals:
]
0 ....
~I s:. t: 0 ~ -a 41 41 z
1,,~nr.;~
I 21.6~ ·1
I
I 18.38
September 15, 2020, Item #6I I Semi-Old Poway Park Daily On: Weekly I Weekly On: w
Restrooms On:
....
0
14114 Midland Road ....
1 ►1~1~1~ u,
n:, "'O ,:, "'O
u,
I~: :1 ►1 ►1i n:, n:, QJ "'O "O C:
C: "' "'O 0 !!! QJ
A. General Cleaning
All ITx
a. Deep Cleaning
All
OPP Restrooms
Contractor Submits Schedule for
Approval:
e ~
> :iii QJ QJ
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> £ C: 0
E ~
...,
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Ill E ~
2::-ni ::,
C: C: ~ ·e
QJ
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Totals:
ii ~
i :I
7,481.52
September 15, 2020, Item #6w N
0 .....
U'I U'I
Operations Center
14445 Lake Poway Road
A. General Cleaning
All
8. Deep Cleaning
All
c. Special Services
1. Deep Cleaning/Surface Preservation
(All other flooring except carpets)
2. Deep Cleaning/Surface Preservation -Carpets
3. Interior/Exterior All Windows/Glass and Mirrors
Daily On:
i > ... ra o ~ ~ ~~ ra.., "0 Q. C C1I a '-'
X
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::,
V')
Semi-
Weekly
On:
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Weekly On: I Contractor Submits Schedule for
Approval: I I Totals:
e 1
E e "' ~ ...
~ I I I ' ~ E > e z.
QI i'ii -~ > ~ ~ C
"0 > ~ ::, 0 £ ~ C "0
~ i >-i > C C1I :I! :c C: C1I <f "0
"0 .... r'O C1I c 0 t:: al
C1I ;:! ~ C1I 0 :; ra ·e C ·-:, C1I "'
4,923.36
X I X I I I I I I 39.72
I I I I X I I I 136.98
Operations Center
September 15, 2020, Item #6Semi-w Daily On: Weekly I Weekly On: I Contractor Submits Schedule for w Filtration/Water Treatment Approval: I I Totals:
0 On: ..... 14521 Lake Poway Road u, e ii
u, > > ~ > II\ ~ ! r1I r1I E t'II "'C "C '0 e :g c:: ·;:: ~ e e ~ ~ e -5 ::, I.I. > ~ iv C: IJ... VI ocl ocl r1I ~ ~ :, ~ "C j ~ c:: QJ C: ~ "C QJ > ~ ,ii QJ C 3;1 QJ "'C QJ .E ::I
QJ QJ C z
QJ
A. General Cleaning
All I X I I I I I I I I I I I I I I I ( 7,135.68
B. Deep Cleaning
All I I I I I I I I I I X I X I I I I I ( 45.76
C. Speclal Services
1. Deep Cleaning/Surface Preservation I (All other flooring except carpets) X I I I 85.92
2. Deep Cleaning/Surface Preservation -Carpets 1 X
3. Interior/Exterior All Windows/Glass and Mirrors I X
filtration Water Treatment
September 15, 2020, Item #6w .1:1,,
0 ~
U'I U'I
Parks & Landscape Shop
14644 Lake Poway Road
A. General Cleaning
All
B. Deep Cleaning
All
C. Special Services
1. Deep Cleaning/Surface Preservation -Carpets
2, Interior/Exterior All Windows/Glass and Mirrors
Daily On:
>
Iii U. VI
Semi-
Weekly Weekly On:
On:
>I> Ill Ill :-g :g u. u.
~ ~
X
Parks & Landscape Shop
Contractor Submits Schedule for
Approval:
e I . 11'1 :! e •1e1!11 i l :! Qj E Qj ~ > C
~ t OJ !: ..C -C ... ~ . < -·e ~ 2
X X
ii ~
i 0 ~
568.20
8.88
Totals:
September 15, 2020, Item #6w Semi-
U"I
0 Lake Poway Pavilion
Daily On: Weekly I Weekly On: icontractor Submits Schedule for
On: Approval: I I Totals:
-ti
U"I 14644 Lake Poway Road
U"I > > > > e ii
11) 11) 11) 11) "O "O > E ~ !
"O C: "O ·c: ::, ·.: ... 11) e "'
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ca ca > C: ~ =
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ca ..... ~ .:?-cu ~
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A.
I I I I I I I I I X I I I I I I I 1 2,984.64
B. Deep Cleaning
All I I I I I I I I I I X I X I I I I I I 16.68
C. Special Services
1. Deep Cleaning/Surface Preservation
(All other floors, except carpets} X I I I 67.64
2. Interior/Exterior All Windows/Glass and Mirrors I I X
Lake Poway Pavilion
September 15, 2020, Item #6w °' 0 -ti
U"I U"I
Lake Poway Entry Booth
14644 Lake Poway Road
8. Deep Cleaning Deep Cleaning
C.
All All
eservat,on
(All other floors, except carpets)
3. Interior/Exterior All Windows/Glass and Mirrors
I
I
Semi-
Daily On: I Weekly
On:
> ~ 'i: I.I.
I
I
> n,
"'O C :::,
Ill
I I
I I
> n,
"'O 'i:: u..
clJ
Weekly On:
I I I I
I I I I
X
I
I
Contractor Submits Schedule for
Approval:
j e ~
Ill E ~ Ill E ~
Ill E ~
I X I X I I I I
I I I I I I
X
Totals:
ii ~ -5 C j
~
I I 2.s2 I
I I ----I
September 15, 2020, Item #6~ ~ Ill a. 0 f I H CT 0 0 'If/!" ti\ < 3 SS JO L'i. !I' '!> I :: G) ~ ~ S).> II .,.a Q. ~ ~ 0 !:2 N ~ ~ 0 C" :!. ~ .., c; : 0 H aturday -Sunday UNE & JULY Only onday -Sunday uesday & Friday __ onday & Friday ursday eekly Items onthly Items i-Monthly Items . uarterly Items Q. 0 0 ::s;-" t c:"l la ,... ::, IU S).> :::, Cl) fl) -· = a 0 ~-< 0 ?. :E V, O tD tD ?. ~ ~-<' :E tD tD -;,;;-< 0 ?. n 0 ~ t» n ~ > V, ,:, C ,:, CT 0 2. < ,... QI .... -:-:--V, n -::r mi-Annually Items tD a. C iii" nnually Items g Needed welve Month Total i .. Pr
September 15, 2020, Item #6w Semi-
00
0 Materials Handling Yard
Daily On: Weekly I Weekly On: I Contractor Submits Schedule for
"""
On: Approval: I I
I.II 12325 Crosthwaite Circle
Totals:
I.II > e
> m > > 'E
"' ~ "' "' E ~ C: :g "C Ill ~ ~
:, it ... Ill
u. VI I.I. e E ~ E .?: E -s
~ ~ > ~ .!!l ~ ~ > iii ~ C
:E ::, ~ 0 -.?: C: :E C .?: "C ~ ro Cll .E ::, Cll
C 2
:., :.,
ices
A. General Cleaning
All I I I I I I I I I X I I I I I I I 1 s63.2s
8. Deep Cleaning
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September 15, 2020, Item #6Attachment 2 TECHNICAL SPECIFICATIONS: 1. Time Restraints: Work described as being performed daily shall be performed Monday through Friday, with the exception of the Old Poway Park Porter House, Templars Hall, Old Poway Park Restrooms, Community Park Pool, and the Poway Public Library, which shall be Monday through Sunday and the two multi-purpose Gymnasiums, which shall be Friday and Saturday. Work shall be done to allow for the least disturbance to any City facility (entering facilities once City staff has vacated the facility(s), except where special services are required to support a City function). a. The Community Park Pool shall be serviced after 9:00 PM. b. The two multi-purpose Gymnasiums shall be serviced after 10:00 PM. 2. Exceptjons; In lieu of the normal, evening routine cleaning, the Contractor shall provide all scheduled services for the Water Treatment Plant as described herein, between the hours of 5:00 PM and 8:00 PM, Monday through Friday, excluding holidays. 3. The determination of the total daily productive man-hour requirements for the performance of all services herein is the sole responsibility of the successful Contractor. It is of the utmost importance that the Contractor utilizes skilled and productive manpower in order to satisfactorily furnish the required level of service specified in this solicitation. Failure on the part of the Contractor to utilize skilled and productive manpower may produce unsatisfactory results that may cause the Director of Public Works to make adjustments to the Contractor's monthly invoice(s) for unsatisfactory or omitted work. 4. The Contractor shall comply with applicable OSHA and Federal regulations under CFR 29 Section 1910.12 for proper training and by providing Material Safety Data Sheets with a list of Contractor recommended chemicals proposed for use within ten (10) days of award of Contract. 5. The Contractor shall comply with all County Health Regulations when applicable to any public facility (e.g., Operations Lounge, Pavilion) where food is served, and the Community Pool and public restrooms where the public frequents. 6. All areas left wet shall be so marked so as to notice persons of hazardous conditions. 7. Extraction: Cleaning of carpets shall be done using an extraction method, or as recommended by the manufacturer. Carpets shall be dried by the next business day. 8. The Contractor is responsible for securing all doors and windows within all facilities upon exiting each facility. Any emergencies shall be reported to the City's after-hours phone number at (858) 668-4751. 9. The Contractor shall report any unsecured doors or windows upon entering each facility, leaking faucets, clogged toilets and other plumbing problems, broken or worn out dispensers, or any problems/concerns affecting the cleaning process to the Contract SpecialisUlnspector by 8:00 AM the following work day. 10. The Library has a 24-hour-a-day video monitoring system. These systems are not to be cleaned or interfered with in any way because of the system's sensitivity. Computer/Keyboards are not to be cleaned or interfered with in any way. 41 of 55
September 15, 2020, Item #6Attachment 2 A. GENERAL SERVICES: All work is to be completed each time the facility is scheduled to be cleaned -All Facilities, All Visits. 1. The contents of each wastepaper basket (small black cans) shall be emptied in a mobile trash container of a type approved by the Director of Public Works. The mobile container shall be brought into each room and each wastebasket shall be dumped directly into it, not transported across the room to it. 2. Large trash containers shall be removed and transported in a manner as to not have their contents leak on the floor and shall be disposed of in a designated trash dumpster. Each wastebaskeUtrash can, shall be damp wiped clean, lined with a suitable sized plastic bag of sufficient durability and thickness to prevent liquids from leaking through the bag, and replaced in its original position. Collected trash shall be disposed of in designated trash dumpsters. 3. Empty trash can in shop area behind Stage. (Performing Arts Center) No other work to be done in shop area. 4. Commingled recycled bins, located at individual workstations and near large shredder machines, shall be lined with an appropriate liner. Contents only (not liner) shall be dumped into a separate mobile trash container (NOT TO BE MIXED WITH TRASH). Whenever a liner is determined to be dirty, it shall be replaced, with the old liner being put in the TRASH container. ALL RECYCLED MATERIALS ARE TO BE PLACED IN THE DESIGNATED RECYCLING CONTAINER LOCATED OUTSIDE EACH FACILITY. 5. The City shall provide trash and recycling containers and shall be responsible for the maintenance and regular emptying under a separate franchise. The janitorial Contractor shall be responsible for ensuring that any spillage shall be cleaned up immediately. The Contractor shall keep the area around the container clean and sanitary at all times. Meadowbrook Gym. Twjn Peaks Gym. Aubrey Park. Jemplars Hall, Porter House. Old Poway Park Restrooms and the Jrajn Depot do not have a dumpster area for Cjty use to dump trash, Trash must be hauled to either the Lake Poway or Community Park dumpsters. 6. Building occupants are notified by the Director of Public Works that anything placed in the wastebasket or recycling bins are considered disposable and will be removed as such. It shall not be the responsibility of the Contractor to retrieve any items mistakenly placed in these receptacles. 7. All drinking fountains shall be thoroughly washed with a germicidal solution, removing all lime deposits, rust, and debris (No scouring powder or abrasive shall be used). 8. Clean all elevator doors metal trim, thresholds, walls. Vacuum all elevator carpets and spot clean, if needed. Vacuum and clean floor channels on all elevator doors (Performing Arts Center and City Hall). 9. Interior stairwells, landings, and lower and upper lobbies shall be swept clean of all dust, dirt, and debris and wet mopped with an approved neutral cleaner. Each handrail, rail base, and fixtures shall be dusted and all walls and doors spot cleaned. Foreign matter, such as gum, shall be removed. 10. All lobbies shall be swept clean of dust, dirt, and debris and wet mopped with an approved neutral cleaner (if tile or vinyl) or vacuumed. 11. Handrails, rail bases, and fixtures, shall be dusted and all walls, doors, jambs, door frames, and kick plates, windowsills, ledges and light switches, shall be spot cleaned to remove smudges and stains, taking care to use an appropriate cleaner on all wall surfaces so as not to remove or discolor paint, and cause holes in wall coverings. All foreign matter shall be removed. 12. Clean and polish all hardware, metal fixtures, bright work, hand plates, door knobs, walls, door facings, light switches, receptacle covers. 13. Wipe clean all countertops. 14. Damp clean conference tables at all Facilities. 15. All surfaces and objects in the building(s) shall be cleaned by dusting and/or vacuuming. This includes table tops, wooden chairs, counters, wood shelving including all exposed book shelving, all wood sides and tops of bookshelves, carousel cases, the flat surface around fish tank (Library) not the tank itself, vertical surfaces (knee wells, chair rungs, table legs, etc.), all rails, cabinets. 16. All cobwebs shall be removed. 17. All carpeting shall be cleaned using the manufacturer's recommendation or by extraction if no 42 of 55
September 15, 2020, Item #6Attachment 2 manufacturer's recommendation has been provided, following a schedule approved by the Director of Public Works as to not interfere with daily or evening activities. Carpet traffic lanes and soiled areas shall be pre-treated to loosen soil build-up to assist in the overall cleaning to bring carpets back to a clean, uniform appearance. The pre-treatment used shall not leave a sticky residue or attract new soil. 18. Clean and disinfect all desk telephones. 19. Doors and windows shall be secured and alarmed. Any doors or windows not found secured shall be reported to the Contractor Specialist/Inspector by 8:00 AM the following work day, noting location. Report plumbing leaks or clogs, and/or any other unusual problems found in or outside the buildings. 20. Turn off all lights and set all alarms prior to exiting each facility. B. RESTROOMS AND LOCKER ROOMS: All Facilities, All Visits (other than flooring, unless specified). 1. Wash and disinfect all basins, urinals, lavatories (toilets), counter tops, faucets, showers, partitions, soap dispensers, and bowls nightly, with approved cleaning/disinfectant/germicidal solution, removing scale, lime deposits, and stains, from all fixtures -cleaning underside of rims of urinals and toilets; toilet bowls, sides, toilet seats, toilet bottoms, and piping. All areas shall be wiped dry and spotless. An approved scouring powder may be used on porcelain fixtures to remove stubborn stains and shall not be used on chromium and stainless-steel fixtures. 2. Wipe clean all restroom fixtures. 3. Chromium and stainless-steel fixtures, faucets, sinks, towel and/or soap dispensers, and shower stems shall be polished and dried with a wiping cloth leaving the fixtures free of stains and streaks. 4. Locker room ceramic tile floor and walls, enamel surfaces, toilet and shower compartment partitions shall be washed and scrubbed with disinfectant/germicidal solution removing all grime, graffiti, algae and/or mold and wiped dry (Pool, Operations, City Hall, & Iron Mt. Restrooms). 5. Restrooms at Lake Poway/Concession will be hosed and squeegeed out once a week on Monday evenings. Restrooms at Community Park Ballfield will be hosed and squeegeed each time of service. 6. Spot clean (including the removal of all foreign substances, such as gum or tar), dust or sweep, and wet mop with disinfectant/germicidal, all partitions, tile walls, ledges and baseboards to eliminate stains, odor, encrustation, alkaline deposits, and soap spills. 7. Sweep and mop all restroom flooring (All Facilities). At the Performing Arts Center when the facility has double performances, as time permits, sweep and mop restroom flooring ensuring that the floor must be dry by next performance. 8. Traps, drains, and fixtures shall be wiped clean and maintained free from foreign substances, hair and odors, at all times. 9. Clean and polish all restroom/locker room mirrors free of streaks and smudges. 10. Empty, wipe clean, sanitize, and reline all trash containers and sanitary containers. 11. Restock all toilet tissue, soaps, towels, toilet bowl seat covers, and sanitary napkin dispensers. C. KITCHENS/BREAK ROOMS: All Facilities, All Visits (including specific flooring). 1. Kitchen areas (break rooms) having resilient or vinyl tilefloors, inclusive of eating/dining areas, shall be swept and damp mopped with a disinfectant, including under counters, tables, moveable appliances, and work areas. All areas are to be free of smudges, stains, and streaks. 2. CITY HALL BAMBOO WOOD FLOORS: Wood floors shall be cleaned according to manufacturer's recommendations contained herein. 3. CITY HALL LINOLEUM FLOORS: Linoleum floors shall be cleaned according to manufacturer's recommendations contained herein. 4. Wipe down all accessible horizontal surfaces, including but not limited to, tables and countertops. 5. Stock paper towel and soap dispensers. 43 of 55
September 15, 2020, Item #6Attachment 2 D. FLOOR AND FLOOR COVERINGS: All Facilities, All Visits. 1. Non-carpeted and non-wood floors are to be cleaned in their entirety each evening the building is scheduled for cleaning: All resilient tile flooring, ceramic, quarry, and stone tiles, are to be cleaned of dirt and foreign materials. Sweep or dust mop all flooring, wet mop only those floors approved according to manufacturer's specifications (disinfectants/germicides are to be used only with prior City approval) to ensure all dirt, stains, black heel marks, and foreign matter (e.g., gum, tar, mud) are removed from the floor. Spot clean prior to general cleaning as necessary to keep carpets free of stains, spots, or marks of any kind that can be removed through spot cleaning. Floors shall be free of streaks and mop strand marks. Walls, baseboards, and other surfaces shall be free of all residues and marks from equipment use. 2. All carpeted floors shall be vacuum-cleaned in their entirety each evening the building is scheduled for cleaning. The Contractor shall use such equipment as is necessary to vacuum clean carpet that is in corners and underneath low furniture and equipment. Carpets are to be spot cleaned as necessary to keep carpets free of stains, spots, or marks of any kind that can be removed through spot cleaning (includes theater at Performing Arts Center). 3. Spots, such as dried liquid, and any foreign matter, such as tar, chewing gum, paper clips, staples, pencil sharpening's, paper pieces or clippings, etc., shall be removed from all flooring. 4. Any furniture necessary to be moved during the process of cleaning floors/carpeting shall be the responsibility of the Contractor and shall be replaced in its original position. 5. All wood floors, EXCEPTING CITY HALL WOOD FLOORS, shall be dust mopped and damp mopped removing all dirt and debris, unless otherwise directed by the City, by location, using manufacturer's specifications; where there are no manufacturer's specifications, Contractor shall clean with a method approved by the City. CITY HALL wood floors shall be cleaned ONLY according to manufacturer's specifications. All work shall be streak free. 6. CITY HALL Carpets shall be cleaned ONLY according to manufacturer's specifications. All work shall be streak free. 7. CITY HALL: Excelon Tile flooring shall be cleaned according to manufacturer's recommendations contained herein. 8. CITY HALL "Linoleum" floors shall be cleaned according to manufacturer's specifications contained herein. 9. CITY HALL Resilient "Rubber" and "Tile" floors shall be cleaned according to manufacturer's specifications contained herein. 10. CITY HALL Dimension "Stone Tile" floors shall be cleaned according to manufacturer's specifications contained herein. 11. All, other than CITY HALL, wood floors shall be cleaned and polished. E. WINDOWS. GLASS SURFACES. AND MIRRORS: All Facilities, All Visits. 1. Clean entry/lobby doors and adjoining entry glass panels, glass in cabinets, table tops, directory boards, partitions, and glass doors within common areas, corridors and lobbies shall be cleaned free of smudges, stains, and streaks. Glass partitions shall be spot cleaned. 2. Clean all glass on staircase and mezzanine during scheduled visits as indicated in event calendar, as provided monthly by the City (Performing Arts Center). 3. Vacuum window sills for dead moths/spiderwebs on a bi-monthly basis. F. CONCESSION: Performing Arts Center, All Visits 1. Restock paper towels and hand soap dispensers, floors shall be swept and damp mopped with a disinfectant, and wipe down all countertops. All areas are to be free of smudges, strains, and streaks. 2. All stainless-steel surfaces, ice bins, and sinks, shall be washed clean with a sponge using an approved germicidal solution. An approved cleaner for stainless steel be used to remove all stains and smudges. Metal surfaces and counters shall be wiped dry. 44 of 55
September 15, 2020, Item #6G. DEEP CLEANING: All Facilities 1. WEEKLY Attachment 2 a. Detail and edge vacuum carpeted areas (Weekly). b. Ashtrays, located at designated smoking sites outside the facilities, shall be sifted and topped with new sand as needed. If ashtray sand is found dirty or filled with debris, the Contractor shall empty and wipe clean the ashtray before refilling with sand (Weekly). c. Outside patio at City Hall shall be hosed cleaned each Monday. Tables and chairs are to be wiped down (Weekly). d. Run water down floor drains to prevent sewer gases (Weekly each Friday). e. Dust all accessible and exposed surfaces on desks, credenzas, overhead storage bins, cabinets, and windowsills unless otherwise directed without disturbing computers, papers, files, etc. (Weekly, each Monday). f. Sinks, outsides of microwaves, stoves (including grills and burners), and refrigerators shall be washed clean with a sponge using a germicidal solution. An approved cleaner for stainless steel sinks, stoves, and refrigerators shall be used to remove all stains and smudges. Metal surfaces and counters shall be wiped dry. 2. QUARTERLY a. Overhead light diffuser panels shall be removed, cleaned, and replaced (Monthly). b. All heating, ventilation, and air conditioning grills shall be removed, brushed, washed clean, dried, and replaced. All vents will be kept clean and free of dust. Clean walls and ceiling areas adjacent to ventilating, air conditioning outlets (Monthly). c. Clean inside of refrigerator units (removing and replacing staple goods) -Last Friday of each month (Monthly). d. All exposed beams and pipes shall be dusted and washed clean, with special care being given not to interfere with safety monitoring equipment (Monthly). H. SPECIAL SERVICES: All Facilities, Per Matrixes. 1. All resilient tile, vinyl, and concrete floors shall be cleaned of dirt and foreign materials, stripped of old finish, machine/and or hand scrubbed and two (3) coats of sealant/finish applied. The Contractor shall use a skid free buffable floor finish that has been approved by the Director of Public Works to be applied evenly and sufficiently to withstand normal day-to-day traffic. Ceramic and quarry tile floors shall be cleaned, stripped and two (2) coats of sealer/finish applied (Per Matrix). 2. All carpeted floors will be professionally cleaned semi-annually or per matrix. All carpeted areas shall be deep extracted using a final clear water rinse. ALL CARPETS MUST BE CLEANED WITH A TRUCK MOUNTED CLEANER "ONLY". WORK CANNOT BE PERFORMED WITH A MOBILE/MANUAL CLEANER (Per Matrix). 3. All interior and exterior surfaces of the windows shall be cleaned and left without streaks and spotless. (Per Matrix) All semi-annual work is to be cleaned "professionally," i.e. "Wash and squeegee all windows," wipe down any and all extra water drippings. (Including large plate glass windows at the Performing Arts Center (Per Matrix). 4. Dust and wash all window blinds (removing and replacing) (Per Matrix). 5. Ceramic restroom, kitchen, and hallway tiles shall be acid washed with a City approved chemical and two (2) coats of sealant applied (Upon request, Pricing Quote Required). 6. Patio between Library and Meeting Room including patio between parking lot and buildings: Pressure power-wash patio, including benches (Library, Per Matrix). 7. Pressure/power-wash entire Carriage turn and walkway around Gazebo at Old Poway Park (Per Matrix). 8. Vacuum/steam clean all fabric furniture (Steam clean 7 upholstered benches in lobby, 30 black usher chairs, and 800 seats in the theater at Performing Arts Center (Upon request, Pricing Quote Required). 9. Vacuum/steam clean all fabric furniture (buildings other than Performing Arts Center) (Upon request, Pricing Quote Required). 45 of 55
September 15, 2020, Item #6I. SPECIAL EVENTS ASSISTANCE: 1. General Assistance: Attachment 2 a. Furniture/Equipment Set-up/teardown (Per Matrixes) b. Equipment (e.g., tables and chairs) shall be set up as required and on specific designated days (prior to) for Council meetings (maximum of 24 times per year), committee meetings, recreational activities, and other work as directed by the Director of Public Works. Diagrams of setup shall be provided by the City. c. The Contractor shall check with a specified event person prior to each event for any changes in equipment placement as this may vary per event location. 2. After Event General Clean Up: a. All trash shall be removed and disposed of according to General Cleaning standards noted above. b. All areas shall be left in a neat appearance with floors vacuumed and/or mopped according to the General Cleaning basic standards noted above. J. CUSTODIAL RESPONSE TO SPILLS, ACCIDENTS 1. Basjc Mop Clean Up; a. The Contractor shall provide basic janitorial services to clean up minor spills and/or accidents within 24 hours of notification. b. All spills and accidents requiring basic mop clean up shall be done using a disinfectanUgermicide to eliminate health concerns. c. All areas shall be posted to denote work in progress and hazardous conditions. 2. peep c1eanjnq; a. The Contractor shall provide emergency services within 24 hours of notification. b. All spills and/or accidents involving extreme flooding shall be pumped free of excess fluids (Should any hazardous materials be involved, the Director of Public Works is to be contacted immediately prior to commencement of work.) c. All areas (restrooms, kitchens, floors) involved shall be deep cleaned according to the specific General Cleaning Deep Cleaning Standards as noted above. d. All areas shall be posted to denote work in progress and hazardous conditions Dark Fridays -(Schedule will be provided) Cleaning at the following facilities will be completed "only" every other Friday and not every Friday: • City Hall -13325 Civic Center Drive • Public Works Administration -14467 Lake Poway Rd. Operations Building -14445 Lake Poway Rd. • Vehicle Maintenance -14415 Lake Poway Rd. K. OTHER 1. Hoy riv cost for Power washjnq; a. Work requested for Power washing at any facility will be billed on a time and materials basis using a standard hourly rate (which shall include labor, materials, overhead and profit). 46 of 55
September 15, 2020, Item #6Attachment 2 MANUFACTURER'S SPECIFICATIONS FOR CITY HALL FLOOR MAINTENANCE Armstrong® Premium and Standard Excelon Vinyl Composition Tile . . Basic Standard: o Do not wash, scrub, or strip the floor for at least four (4) to five (5) days after installation. o Sweep, dust mop, or vacuum frequently and thoroughly. o Damp mop with a diluted neutral detergent solution such as Armstrong S-485 floor cleaner -carefully wiping up black marks and excessive soil. A "light" scrubbing with an automatic floor machine may also be performed. o After damp-mopping or light scrubbing, the floor may be sorey-buffed or burnished (dry-buffed) to restore gloss. Deep Cleaning: o Use of good quality maintenance products and conscientious regular adherence to a quality maintenance program will greatly reduce the need for stripping. Stripping should be done only when necessary. Do not use no-rinse strippers (solvent-based} within the first two years of the installation. This type of stripper may cause adhesive failure. o If the floor is badly scratched, strip the floor using a stripping detergent and a floor machine of 10-250 rpm capability equipped with a scrub brush or scrubbing pad (3M blue or equal). o Thoroughly rinse and allow to dry (do not flood the floor with rinse water, scrubbing or stripping solutions). o After the floor has been thoroughly stripped, rinsed and dried, apply 3-5 coats of high-quality acrylic polish. The use of sealers is optional but may be recommended by the manufacturer of the polish. Allow at least 30 minutes drying time between applications. Do not allow traffic on the floor for the length of time specified by the polish manufacturer. Rubber (Resilient) Floor Tiles -Johnsonite® • Basic Standard: o Do not perform any maintenance on the products for 72 hours after installation is completed. o Thoroughly sweep or vacuum the entire surface area to remove all loose dirt and grit. o Prepare a cleaning solution by mixing 1 oz. to 4 oz. of neutral detergent (pH of 7-8) per gallon of warm water. The dilution depends on light to heavy soil conditions. o Apply the solution with a clean "nylon" or "rayon" mop, and let stand for 5-15 minutes. IMPORTANT: DO NOT LET THE SOLUTION DRY. o Agitate the solution on the area with the mop, then wet vacuum or mop up the cleaning solution. o Rinse with CLEAN COLD WATER and then remove all the water by vacuum or mop. o Allow the product to thoroughly dry. • Deep Cleaning: o If desired, one or two coats of a liquid, acrylic floor finish may be applied to improve gloss level and ease cleaning. Follow the manufacturer's directions for applications and drying times. Linoleum Floors -Marmoleum® Real/Fresco/Dual Forbo's modern linoleum flooring (MARMOLEUM®) is coated at the factory with a clear acrylic coating known as E.T.C. Finish. It is designed for excellent protection during installation, and if kept 47 of 55
September 15, 2020, Item #6Attachment 2 clean, needs little if any additional finishes applied. The E.T.C. Finish will easily work in combination with any other finishes. It should not be removed. Therefore, traditional wet stripping methods must not be used on linoleum. If the factory coating is mistakenly damaged by traditional wet stripping methods, the linoleum itself will absorb the stripping solutions. The caustic nature of most strippers will also cause a color change in linoleum, normally yellowing any of the lighter shades of color. If it absorbs the solution, the linoleum will expand and become softer. In this softened state, it is easily damaged with the heavy-duty stripping pads normally used in the traditional wet stripping method. Linoleum should not be subjected to the traditional aggressive wet stripping process. Linoleum should be cared for by staff trained to understand the following: An initial stripping procedure commonly recommended to remove the factory or "mill" finish from many types of resilient floors to promote better adhesion of floor finish, is not necessary or recommended with linoleum. A regular floor maintenance program as described below should be followed closely. If there are any questions, Forbo Industries will be glad to arrange a maintenance seminar prior to the initial maintenance. A well-trained staff using a schedule of regular maintenance will virtually eliminate the need for stripping and is the recommended approach to linoleum care. Minimizing the amount of chemicals used to maintain the floors will not only lower maintenance cost, but is safer for both indoor air quality and the environment. • Basic Standard (Daily/Regular Maintenance): o Remove all surface soil, debris, sand, and grit by sweeping or dust mopping. + Option 1 -"Dry maintenance method" (preferred method): Spray and b..Jffusing a rotary buffing machine (175-1500 rpm) with a nylon buffing pad and spray buff solution such as Butcher Over Drive, Taski P-44, Johnson Trailblazer, or equivalent. + Option 2 -"Wet maintenance method": Use neutral pH (7.85) cleaner su::nas Butcher Sundance, Taski R-50, Johnson Stride, or equivalent. • When using automatic scrubber, use scrubbing pad. • When using mop and bucket, use clean mop and change solution regularly. • TAKE CARE NOT TO SATURATE THE FLOOR, USE AS LITTLE WATER AS POSSIBLE. • If gloss needs to be restored, or for severe scuff marks, buff a fine mist of a buffing solution such as Butcher Over, Drive, Taski P-44, Johnson Trailblazer, or equivalent. • Deep Cleaning (Scrub and Recoat) o Dust mop to remove loose soil. o Heavy scrub using rotary scrubber, or automatic scrubber with scrubbing pad and double strength of neutral pH (7-8.5 detergent such as Butcher Sundance, Taski R-50, Johnson Reveal, or equivalent. o Pick up solution with a wet vac. o Rinse with clean water and allow floor to thoroughly dry. o Apply 1 to 2 thin coats of floor finish following initial application procedure. • Enhanced/Surface Preservation [Restorative Maintenance (Strip and re-coat: use only if scrub and recoat is not effective)]: 48 of 55
September 15, 2020, Item #6Attachment 2 o Dust mop to remove loose soil. o Use rotary scrubber or automatic scrubber with scrubbing pad and stripper solution such as Taski Linostrip, Butcher Clean Break, or equivalent, following instructions on the container carefully. o Pick up solution with wet vac. o Rinse with clean water and wet vac. o Apply 1 to 3 coats of floor finish following initial application procedures. Bamboo Wood floorjng tGAO FENG co" lac, Mount Bamboo, ceramjc Eioisb • Basic Standard (Routine Cleaning) o Do not wet a bamboo floor with water. When using any floor cleaner that requires mixing with water, follow mixing directions precisely. Heel or scuff marks and stubborn stains may be removed by lightly rubbing with a cloth and wood floor cleaner. o Floor must be dust mopped, vacuumed or swept with a soft bristle broom daily, or as often as necessary to remove grit and dust from the surface. o Area rugs located in areas where wear is most likely to happen, shall be shook out or vacuumed and replaced in original locations. • Enhanced/Surface Preservation (Long Term Maintenance): 49 of 55 o Urethane finishes eventually will show wear patterns from surface scratching. When high traffic areas begin to look dull, it is time to recoat, or restore the finish. Always from the manufacturer's recommendations. [Remainder of Page Left Blank Intentionally]
September 15, 2020, Item #6Attachment 2 LIMESTONE MAINTENANCE Protection: Limestone is porous by nature. It will absorb stains from any things including dye in many grouts. To insure the best possible installation, as well as construction site selection, 511 lmpregnator should be applied as a grout release prior to grouting the stone. Application of 511 lmpregnator will resist grout dye absorption, facilitate grout residue -removal (up to 45% faster), and offer stain resistant protection during construction. 511 lmpregnator will not change the natural look of the stone. Clean the surface using Miraclean #1 or Liquid Poultice. These cleaners are safe for all types of stone and tile. Use a Marble Master Floor Machine, brush and wet vacuum. In small areas, a hand brush may be used. In large areas, an auto-scrubber may be used. Apply 511 lmpregnator to a clean, dry and dirt-free surface. Apply using a soft cloth, clean mop or pump sprayer. Apply only enough to wet the surface to the eye. Allow to stand 5 minutes and remove the excess with dry towels where necessary (Porous stones will have no residue problem due to high absorption). Although the 511 lmpregnator requires a 24-hour cure time before grouting, typically it will be dry to the touch in 30-45 minutes. Removing grout will usually require a sponge and water. In areas that will be exposed to oils and greases, or any areas that require added protection, apply 511 Pre-Treat after grout removal. 511 Pre-Treat used prior to 511 lmpregnator makes porous surfaces more resistant to staining materials, especially oils. Apply 511 Pre-Treat using a soft cloth, clean mop or pump sprayer. Apply only enough to wet the surface to the eye. Allow to stand 5 minutes and remove any excess with dry towels where necessary (Porous stones will have no residue problem due to high absorption). 511 Pre-Treat will typically be dry to the touch in 30-45 minutes. Allow the surface to cure for 12 hours before applying 511 lmpregnator as directed above and in the product data sheet. This will allow the grout to be protected as well as the stone. In areas where oils and greases will not be a problem, (building facades and walls, etc.) after grout removal, apply 511 lmpregnator as directed above and in the product data sheet. This will allow the grout to be protected as well as the stone. Color enhancement for flamed, bush hammered, andtexturized limestone Mira Matte is a unique blend designed to enhance the natural color and texture of flamed, bush hammered, split face, and other textured limestone. Mira Matte leaves a beautiful matte finish. Mira Matte can be used after 511 Pre-Treat and 511 lmpregnator. In areas where oils and greases are not a problem, Mira Matte may be used by itself. Apply Mira Matte with a natural fiber brush, stiff paint brush or pump sprayer. Apply as evenly as possible. Two applications are necessary. Proceed with the second application when the first is dry to the touch. Be sure to even out the chemical and do not allow it to puddle on the surface. Mira Matte can be walked off over time and will need to be stripped and re-applied on an as needed basis. Maintenance Daily dry dust mopping will keep dust, grit, and sand off the stone. Although limestone will not wear as rapidly as polished stone, it is still wise to keep it as clean as possible. Mira Soap is a natural, concentrated cleanser and protector. Mira Soap cleans and protects all in one step. Add Mira Soap to your mop water and damp mop the stone. NO RINSING IS NECESSARY. Mira Soap can be used as often as desired with no harm to the stone. 50 of 55
September 15, 2020, Item #6Attachment 2 Period deep cleaning (monthly/quarterly) may be necessary. Use Liquid Poultice or Miraclean #1 as directed with HOTwater. After deep cleaning, go back to Mira Soap for daily maintenance cleaning. Stain Removal Liquid Poultice will remove most stains from limestone without marring the surface. Apply as directed for typical stains. If a stain is unable to be removed with the standard method, prepare a poultice by mixing Liquid Poultice with whiting, white flour or paper towel. Apply to the stain, cover with plastic wrap, and tape down surrounding edges. Allow the mixture to dry completely. Remove with a wooden paddle or putty knife and rinse well. Multiple applications may be necessary. [Remainder of Page Left Blank Intentionally] 51 of 55
September 15, 2020, Item #6Attachment 2 SLATE MAINTENANCE, CARE AND REPAIR Slate is a quarried stone used for fireplaces, hearths, and floors in the home. As slate is a porous stone material, it should be sealed. Get a special slate floor sealer from the flooring dealer or home center. The sealer penetrates the upper surface of the slate, and protects it from soil and scratches, and from grease. To clean slate, brush wall surfaces occasionally to remove dust and "freshen" or dust with dusting attachment of a vacuum cleaner. Wash slate floors with detergent and water. Slate is not damaged by alkali cleaners, but strong solutions are not needed for cleaning. Rinse well and wipe dry. A water based, self-polishing wax can be applied over a clean, dry, sealed floor for extra protection and shine. Weekly damp mopping with a barely damp mop on a waxed floor will keep it clean for quite a while before the washing with detergent is needed. If you an electric polish, solvent based polishing wax may be used to clean and wax. This must be buffed. Do not use wax around fireplaces. [Remainder of Page Left Blank Intentionally] 52 of 55
September 15, 2020, Item #6Attachment 2 MANUFACTURER'S SPECIFICATIONS FOR POOL FLOOR MAINTENANCE sateGuard Hydro SHp-Retardant Sheet floorjnq This material is designed for slip retardance, so floor polish is not recommended as they will adversely affect the slip-retardant properties of these floors. They should not be buffed or burnished. • Daily Maintenance 53 of 55 o Sweep or vacuum thoroughly. o Damp-mop or lightly scrub the floor with the appropriate brushes. Use a neutral detergent solution such as Armstrong S-485 Floor Cleaner at 3 to 4 ounces per gallon. o DO NOT USE A FLOOR POLISH. [Remainder of Page Left Blank Intentionally]
September 15, 2020, Item #6Attachment 2 COVID-19 EXTRA CLEANINGS 1. Overview: The following item is an "Additive Alternate Bid Item". To bid on this Additive Alternate Bid Item, a Contractor must also bid on the City's janitorial services base bid. The COVID-19 Extra Cleanings are optional specialty services that will occur based on the needs of the City and are not guaranteed for any period of time or for a minimum dollar amount. 2. Scope of Services: A. The contractor shall wear disposable non-fabric gloves (e.g., latex, nitrile, etc) and be responsible for providing all personal protective equipment used in cleaning and disinfecting. B. The contractor shall clean (the word clean here means to wipe down in order to disinfect an area, space or surface. This does not mean take out trash, vacuum, etc.) the area(s) with a general detergent or soap and water, appropriate for the office surfaces and finishes. C. Surfaces shall be cleaned prior to disinfection, as instructed on the disinfectant manufacturer's label. The Contractor shall ensure adequate contact time for effective disinfection. D. Following cleaning, the contractor shall wipe disinfect all touch point areas and surfaces including, but not limited to: handrails, door handles, counters, tables, chairs and arm chairs, desk or work surfaces, keyboards, computer mice, phones, copier buttons, light switches, elevator buttons, microwave doors, refrigerator handles, kitchenette countertops, sinks, toilets, door handles to toilets, etc. (complete facility). i. The contractor shall use an EPA-registered disinfectant in accordance with the manufacturer's directions, and wear whatever additional protective equipment is suggested by the manufacturer. A list of EPA approved products is available at https://www.americanchemistry.com/Novel-Coronavirus-Fighting-Products-List.pdf. E. The contractor shall allow disinfectant to remain on surfaces until air dry. F. Cleaning and disinfection services shall comply with the Centers for Disease Control and Prevention (CDC) recommendations in place during the time of known exposure. CDC recommendations are available at: https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning-disinfection.html. [Remainder of Page Left Blank Intentionally] 54 of 55
September 15, 2020, Item #6Attachment 2 COVID-19 EMERGENCY RESPONSE 1. Overview: The following item is an "Additive Alternate Bid Item." A Contractor can bid on this Additive Alternate Bid Item as a separate line item, e.g., a Contractor is not required to bid on the base bid and COVID-19 Extra Cleanings Additive Alterative Bid Item. The COVID-19 Emergency Cleanings are optional specialty services that will occur based on the needs of the City and are not guaranteed for any period of time or for a minimum dollar amount. The City reserves the right to award a separate contract for this Additive Alternate Bid Item. 2. Definition: These services will be as-needed, when there is a confirmed or suspected COVID-19 event. A COVI D-19 event is defined as an instance when someone who is confirmed or suspected to have COVID-19 enters or occupies a City facility. 3. Scope of Services: A. City will notify ("call out") Contractor of a COVI D-19 event. Contractor shall provide acknowledgement to the City it has received notification of COVID-19 event within 12-hours. B. Contractor must be able to mobilize within 24 hours of call out and be able to handle multiple offices at one time. C. Furnish a team to clean (the word clean here means to wipe down in order to disinfect an area, space or surface. This does not mean take out trash, vacuum, etc.) and apply an appropriate EPA registered COVID-19 disinfecting product and procedure for all touchpoints 6 to 8 feet down within an identified space, room and/or facility, including the floors & walls in the potentially affected area or space, which include, but are not limited to, door knobs & locks, door push bars, door edges and jambs, stair and ramp handrails, cabinet handles and drawer pulls, appliance handles, light switches, chairs, partitions, mirrors, table and desktops, telephones, toilet seats and flush handles, faucet handles, soap pumps, keyboards & mice, elevator buttons, credit card keypads, vendor machine buttons, equipment controls, television remotes, chair armrests, bedrails and countertops. Work is to be completed according to CDC standards. D. Contractor is responsible for providing all PPE's and disposing of PPEs used in the cleanup. [Remainder of Page Left Blank Intentionally] 55 of 55
AGENDA REPORT City of Poway DATE: TO: FROM: CONTACT: September 15, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services/,,vt Jeff Beers, Special Projects Engineer~ (858) 668-4624 or jbeers@poway.ort"" CITY COUNCIL SUBJECT: Award of Contract to HSCC, Inc. for the Sebago Avenue Channel Repair Project; Bid No. 21-001 Summary: This project includes the cleaning and repairing of an existing asphalt concrete storm channel that parallels Sebago Avenue between Bowdoin Road and Springvale Street. It also includes constructing a new concrete overlay lining over the channel. Recommended Action: It is recommended that the City Council award the contract for the Sebago Avenue Channel Repair Project to HSCC, Inc., the lowest responsible and responsive bidder, in the amount of $68,800.00. Discussion: The contract time for this project is 20 working days with an Engineer's Estimate of $140,000. Bids were opened on August 6, 2020. The following five bids were received: Company Total Bid Amount HSCC, Inc. $68,800.00 AToM Engineering Construction, Inc. $107,398.00 Tri-Group Construction, Inc. $125,000.00 New Century Construction, Inc. $134,450.00 Blue Pacific Engineering & Construction $148,000.00 Environmental Review: The placement of the drainage channel concrete overlay is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that it pertains to maintenance of existing drainage facility. 1 of 11 September 15, 2020, Item #7
Fiscal Impact: Funding in the amount of $68,800.00 is available in the Sebago Ave Channel Repair account (DRN0004) for the award of this contract. Public Notification: None. Attachment: A. Contract Reviewed/ Approved By: wend aserman Assistant City Manager 2 of 11 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager September 15, 2020, Item #7
SECTION 8
CONSTRUCTION CONTRACT
CITY OF POWAY
SEBAGO AVENUE CHANNEL REPAIR PROJECT
This Contract made and entered into this 16th day of September, 2020, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as
"City" and HSCC, Inc., hereinafter referred to as "Contractor."
The City and the Contractor, for the consideration hereinafter named, mutually agree as
follows:
1.The complete Contract includes all of the Contract Documents, which areincorporated herein by this reference, and include:
a.This Contract
b.Contract Addenda
c.Contract Change Orders
d.Instructions to Bidders, Proposal Requirements and Conditions
e.Contract Specifications
f.Contract Plans
g.General Condition
h.Special Conditions
i.Standard Specification for Public Works, most current edition,
2.The Contract Documents are complementary, and that which is required by one
shall be as binding as if required by all.
3.Contractor shall provide and furnish all labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required for the
following work of improvement:
4.
3 of 11
The Sebago Avenue Channel Repair Project includes cleaning and repairing anexisting asphalt concrete storm channel and constructing a new concrete overlay
lining.
Contractor agrees to perform all the said work and furnish all the said materials at
his own cost and expense that are necessary to construct and complete in strict
conformance with Contract Documents and to the satisfaction of the City Engineer,
the work hereinafter set forth in accordance with the Contract adopted by the City
Council.
ATTACHMENT A
1 September 15, 2020, Item #7
5. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $68,800.00, the "Contract Price." 6. 7. 8. 9. 10. 11. 4 of 11 City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions. Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within Twenty (20) Working Days after the date specified in the Notice to Proceed. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum: Five Hundred Dollars ($500) per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects. Travel and subsistence pay shall be paid in accordance with Labor Code § 1773.1. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract. Contractor and subcontractors shall comply with Labor Code§ 1810 and§ 1811 which stipulates that eight hours labor constitutes a legal day's work, and§ 1812 2 September 15, 2020, Item #7
which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him in connection with the work performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code § 1813. 12. Contractor will comply with the provisions of Labor Code§ 1777.5 pertaining to the employment of apprentices to the extent applicable to this Contract. 13. Contractor, by executing this Contract, hereby certifies: "I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. 14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City. 15. a. Contractor shall procure and maintain at its own expense, until completion of performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period. b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) f combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the 5 o 11 3 September 15, 2020, Item #7
6 of 11 aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement. c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same. Worker's Compensation Insurance: o Contractor has no employees and is exempt from workers' compensation requirements. o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings. e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, 4 September 15, 2020, Item #7
volunteers, agents and independent contractors, that result from such failure by Contractor. 16. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City. b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors. d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits. e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors. 17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, 7 of 11 cost or expense described herein. 5 September 15, 2020, Item #7
18. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective. 19. The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract. 20. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 21. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract. 22. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. 23. In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances. 24. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 25. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California. 26. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The Work shall be subject to final 8 of 11 inspection and acceptance notwithstanding any payments or other prior inspections. 6 September 15, 2020, Item #7
Such final inspection shall be made within a reasonable time after completion of the work. 27. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 28. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. 29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. 30. a. Contractor shall, without disturbing the condition, notify City, in writing, as 9 of 11 soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code: ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications: or iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order. d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. 7 September 15, 2020, Item #7
31. This Contract is to be governed by the laws of the State of California. 32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment. City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank) IN WITNESS WHEREOF, the said Contractor and the Director of Public Works, City Manager Mayor and City Clerk of the City have caused the names of said parties to be ~U~f1 hereto, the day and year first above ;ritten. September 15, 2020, Item #7
Contractor's Name: Print Name of Construction Company By: -----------Signature Print Name Contractor information: Address for Notices and Payments Telephone Number: ______ _ Email: -----------ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP CITY OF POWAY a Municipal Corporation City Manager of the City of Poway END OF SECTION 11 of 11 9 September 15, 2020, Item #7
September 15, 2020, Item #8AGENDA RE PO RT City of Poway DATE: TO: FROM: CONTACT: September 15, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services f4\ Andrea Thomas, Associate Civil Engineer (858) 668-4605 or athomas@poway.org CITY COUNCIL SUBJECT: Award of Contract to Bio Clean Environmental Services, Inc., for the Annual Trash Capture Program; Bid No. 21-003 Summary: The Annual Trash Capture Program is an unfunded mandate by the Regional Water Quality Control Board to capture all trash greater than 5mm, essentially anything larger than a cigarette butt, in priority land use areas (PLUs). PLUs include areas classified as commercial, industrial, and high density residential as well as transit stops. The City has ten years to comply with the region-wide mandate. Private properties located in PLUs are also required to comply with this mandate. Any property that proposes development or redevelopment within a PLU is being required to install trash capture devices as part of the permit approval process. This project is the first year of the ten-year program that will install trash capture devices in existing public storm drain inlets, catch basins, and cleanouts. The trash capture sites have been identified according to the current volume of trash generated and their projected future volume generated by adjacent properties. Recommended Action: It is recommended that the City Council award the contract for the Annual Trash Capture Program to Bio Clean Environmental Services, Inc., the lowest responsible and responsive bidder, in the amount of $59,640.00 Discussion: Fifty two trash capture devices will be installed mostly along the Poway Road corridor and a few adjacent streets, Pomerado Road near Poway Road, Garden Road, and Oak Knoll Road. The contract time for this project is 90 working days with an Engineer's Estimate of $85,000. Bids were opened on August 27, 2020. The following three bids were received. Company Bid Amount United Stormwater, Inc. $51,262.00 Bio Clean Environmental Services, Inc. $59,640.00 Downstream Services, Inc. $66,265.00 1 of 11
September 15, 2020, Item #8The apparent low bidder, United Stormwater, Inc., was deemed non-responsive after it was determined that their proposed product does not conform to the required specifications described in the bid documents. The next lowest bidder, Bio Clean Environmental Services, Inc., is recommended for award of this contract. Environmental Review: The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that the project involves minor alteration to existing public facilities. Fiscal Impact: There is sufficient funding available in the Annual Trash Capture Program account (DRN000S) to award the contract. Public Notification: None. Attachments: A. Contract Reviewed/ Approved By: Assistant City Manager 2 of 11 Reviewed By: Alan Fenstermacher City Attorney App roved By: Ch~ City Manager
SECTION 8
CONSTRUCTION CONTRACT
CITY OF POWAY
ANNUAL TRASH CAPTURE PROGRAM
This Contract made and entered into this 16th day of September, 2020, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as
"City" and Bio Clean Environmental Services, Inc., hereinafter referred to as "Contractor."
The City and the Contractor, for the consideration hereinafter named, mutually agree as follows:
1.The complete Contract includes all of the Contract Documents, which areincorporated herein by this reference, and include:
a.This Contract
b.Contract Addenda
c.Contract Change Orders
d.Instructions to Bidders, Proposal Requirements and Conditions
e.Contract Specifications
f.Contract Plans
g.General Condition
h.Special Conditions
i.Standard Specification for Public Works, most current edition,
2.The Contract Documents are complementary, and that which is required by oneshall be as binding as if required by all.
3.Contractor shall provide and furnish all labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required for the
following work of improvement: Furnishing and installation of trash capture devices
in existing inlets, catch basins and cleanouts, and all related and necessary work asrequired for a fully functioning trash capture device system as required bymanufacturer installation instructions, standard specifications, and these special
provisions.
4.
3 of 11
Contractor agrees to perform all the said work and furnish all the said materials at
his own cost and expense that are necessary to construct and complete in strict
conformance with Contract Documents and to the satisfaction of the City Engineer,
the work hereinafter set forth in accordance with the Contract adopted by the City
Council.
ATTACHMENT A
1
September 15, 2020, Item #8
September 15, 2020, Item #85. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $59,640.00 the "Contract Price." City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions. 6. Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 90 Working Days after the date specified in the Notice to Proceed. 7. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum: $500 per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty. 8. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. 9. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects. Travel and subsistence pay shall be paid in accordance with Labor Code § 1773.1. 10. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract. 11. Contractor and subcontractors shall comply with Labor Code § 181 0 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and § 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him in connection with the work 4 of 11 2
September 15, 2020, Item #8performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code§ 1813. 12. Contractor will comply with the provisions of Labor Code§ 1777.5 pertaining to the employment of apprentices to the extent applicable to this Contract. 13. Contractor, by executing this Contract, hereby certifies: "I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. 14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City. 15. a. Contractor shall procure and maintain at its own expense, until completion of 5 of 11 performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period. b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement. 3
September 15, 2020, Item #86 of 11 c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same. Worker's Compensation Insurance: o Contractor has no employees and is exempt from workers' compensation requirements. o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings. e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor. 4
September 15, 2020, Item #816. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City. b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors. d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits. e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors. 17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, 7 of 11 officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. 5
September 15, 2020, Item #818. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective. 19. The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract. 20. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 21. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract. 22. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. 23. 24. 25. 26. 8 of 11 In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. 6
September 15, 2020, Item #8Such final inspection shall be made within a reasonable time after completion of the work. 27. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 28. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. 29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. 30. a. Contractor shall, without disturbing the condition, notify City, in writing, as 9 of 11 soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order. d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. 7
September 15, 2020, Item #831. This Contract is to be governed by the laws of the State of California. 32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment. City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank) 10 of 11 8
September 15, 2020, Item #8IN WITNESS WHEREOF, the said Contractor and the Director of Public Works, City Manager Mayor and City Clerk of the City have caused the names of said parties to be affixed hereto, the day and year first above written. Contractor's Name: Print Name of Construction Company By: -----------Signature Print Name Contractor information: Address for Notices and Payments Telephone Number: Email: ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP 11 of 11 CITY OF POWAY a Municipal Corporation City Manager of the City of Poway 9
September 15, 2020, Item #9DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway September 15, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Service~ Brian Banzuelo, Associate Civil Engineer ~ (858) 668-4623 or bbanzuelo@poway.org CITY COUNCIL Award of Contract to Blue Pacific Engineering & Construction for the FY 2019-20 ADA Barrier Removal -Lake Poway Pathways Project; Bid No. 21-004 The FY 2019-20 ADA Barrier Removal -Lake Poway Pathways Project is funded through the Community Development Block Grant (CDBG) Program. The County of San Diego manages the program and distributes funds to the City. This project consists of installing ADA compliant walkways to the existing baseball field and one existing picnic area at Lake Poway Park. The project tasks include the installation of concrete walkways and handrails to meet ADA accessibility standards. Staff has coordinated the timing of construction for this project with Community Services staff in order to minimize disruptions to Lake Poway Park. Recommended Action: It is recommended that the City Council award the contract for the FY 2019-20 ADA Barrier Removal -Lake Poway Pathways Project to Blue Pacific Engineering & Construction, the lowest responsible and responsive bidder, in the amount of $76,460.00 for the base bid and $21,640.00 for Additive Alternate No. 1, for a total amount of $98,100.00. Discussion: This project was bid with an Additive Alternate allowing for additional project scope to be added to the project dependent on the bids received. The contract time for this project is 20 working days with an Engineer's Estimate of $80,000.00 for the base bid. Bids were opened on August 25, 2020. The lowest bid was determined by the lowest responsible Base Bid amount. The following five bids were received: 1 of 11
September 15, 2020, Item #9Company Base Bid Additive Total Bid Amount Amount Alternate No. 1 Blue Pacific Engineering & Construction $76,460.00 $21,640.00 $98,100.00 LC Paving & Sealing, Inc. $77,450.30 $57,369.06 $134,819.36 GEM Industrial, Inc. $78,400.00 $54,320.00 $132,720.00 HSCC, Inc. $82,896.96 $47,415.00 $130,311.96 AToM Engineering Construction, Inc. $89,882.00 $48,080.00 $137,962.00 After the lowest bid was determined, Additive Alternate No. 1 was added to the contract as sufficient funds are available. Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that it involves minor alterations to existing facilities within an existing City park, pertaining to American with Disabilities Act (ADA) compliance. Fiscal Impact: Funding in the amount of $112,812.70 is available in the CDBG FY20 ADA Barrier Removal-Lake project account (PRK0018) for the award of this contract. Public Notification: None. Attachments: A Contract Reviewed/ Approved By: We~Kaserman Assistant City Manager 2 of 11 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager
SECTION 8
CONSTRUCTION CONTRACT
CITY OF POWAY
FY 2019-20 ADA BARRIER REMOVAL-LAKE POWAY PATHWAYS PROJECT
This Contract made and entered into this 16th day of September 2020, by and between
City of Poway, a municipal corporation of the State of California, hereinafter referred to as
"City" and Blue Pacific Engineering & Construction, hereinafter referred to as "Contractor."
The City and the Contractor, for the consideration hereinafter named, mutually agree as
follows:
1.The complete Contract includes all of the Contract Documents, which are
2.
3.
4.
3 of 11
incorporated herein by this reference, and include:
a.This Contract
b.Contract Addenda
c.Contract Change Orders
d.Instructions to Bidders, Proposal Requirements and Conditions
e.Contract Specifications
f.Contract Plans
g.General Condition
h.Special Conditions
i.Standard Specification for Public Works, most current edition
The Contract Documents are complementary, and that which is required by one
shall be as binding as if required by all.
Contractor shall provide and furnish all labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required for the following work of improvement: This project includes the construction of Americans with Disabilities Act (ADA) compliant concrete pathways, and picnic areas. The
work will include but is not limited to the following: clearing and grubbing, grading,
concrete sidewalk, concrete curb, concrete retaining wall, asphalt pavement, pipe handrail, picnic equipment, signage, landscape and irrigation restoration, and all related and necessary work as defined in the contract documents.
Contractor agrees to perform all the said work and furnish all the said materials at
his own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer,
the work hereinafter set forth in accordance with the Contract adopted by the City
Council.
ATTACHMENT A
1
September 15, 2020, Item #9
September 15, 2020, Item #95. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $76,460 (Base Bid) and $21,640 (Additive Alternate No. 1) for a total amount of $98,100.00 the "Contract Price." 6. 7. 8. 9. 10. 11. 4 of 11 City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions. Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within Twenty (20) Working Days after the date specified in the Notice to Proceed. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum: Five Hundred Dollars ($500) per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects. · Travel and subsistence pay shall be paid in accordance with Labor Code§ 1773.1. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid ( either by him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and § 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him in connection with the work performed under the terms of the Contract. Failure to comply with these sections of 2
September 15, 2020, Item #9the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code § 1813. 12. Contractor will comply with the provisions of Labor Code§ 1777 .5 pertaining to the employment of apprentices to the extent applicable to this Contract. 13. Contractor, by executing this Contract, hereby certifies: "I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. 14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City. 15. a. Contractor shall procure and maintain at its own expense, until completion of 5 of 11 performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period. b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement. c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required 3
September 15, 2020, Item #916. 6 of 11 by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same. Worker's Compensation Insurance: o Contractor has no employees and is exempt from workers' compensation requirements. o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VI I, in accordance with the current Best's Ratings. e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on 4
September 15, 2020, Item #9file with the City at all times until completion of performance and acceptance by the City. b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors. d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits. e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors. 17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, 18. 7 of 11 officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective. 5
September 15, 2020, Item #919. 20. 21. 22. 23. 24. 25. 26. 27. 8 of 11 The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made with a reasonable time after completion of the work. Whenever Contractor has knowledge that any actual or potential labor dispute is· delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 6
September 15, 2020, Item #928. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. 29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. 30. a. Contractor shall, without disturbing the condition, notify City, in writing, as 31. 32. 9 of 11 soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code: ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications: or iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. b. Pending a determination by City of appropriate action to be take, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order. d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. This Contract is to be governed by the laws of the State of California. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment. 7
September 15, 2020, Item #9City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank) 10 of 11 8
September 15, 2020, Item #9IN WITNESS WHEREOF, the said Contractor and the Director of Public Works, City Manager Mayor and City Clerk of the City have caused the names of said parties to be affixed hereto, the day and year first above written. Contractor's Name: Print Name of Construction Company By: Signature Print Name Contractor information: Address for Notices and Payments Telephone Number: ______ _ Email: ------------ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP 11 of 11 CITY OF POWAY a Municipal Corporation City Manager of the City of Poway 9
September 15, 2020, Item #10DATE: TO: FROM: CONTACT: SUBJECT: summary: City of Poway CITY COUNCIL September 15, 2020 Honorable Mayor and Members of the City Col\ncil Eric Heidemann, Director of Public Works {~ 4 /' Will Wiley, Assistant Director of Public Works for Maintenance Operations )V (858) 668-4705 or wwiley@poway.org Ordinance Amending the Poway Municipal Code Regarding Solid Waste Collection The proposed Ordinance (Attachment A) amends three sections of Chapter 8.68 of the Poway Municipal Code ("PMC"): 8.68.130 (Residential Collection), 8.68.155 and 8.68.170 (Commercial Collection). The Ordinance amendments are the result of residential and commercial service collection updates to address state organic recycling requirements. The purpose of the Ordinance amendments are to codify the automation of residential green waste collection and include compostables to the commercial collection waste stream and provide a method of collection. Recommended Action: It is recommended that the City Council introduce the Ordinance for first reading by title only, waive further reading and schedule the adoption of the Ordinance for October 6, 2020. Discussion: On June 2, 2020, the City Council adopted solid waste/recycling collection service rates for FY 2020-21. The adopted service rates included an organic recycling fee to comply with state legislation, Senate Bill ("SB") 1383. Commingled organics or compostables include yard waste, food scraps, and untreated wood. In order to begin collecting food scraps along with yard waste in early 2021, the City's existing manual yard waste collection program will be transitioned to a fully automated collection program, with the use of standardized, residential collection containers, to be provided by the City's franchise waste hauler, EDCO. Chapter 8.68 of the Poway Municipal Code authorizes the City to determine all aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and the services to be provided by the franchise agreement. In light of the service collection changes, City staff has drafted the attached ordinance (Attachment A), amending three sections of Chapter 8.68 of the Poway Municipal Code to include the residential and commercial collection of compostables. The following provides an overview of the key changes that would result from the proposed Ordinance, if adopted. 1 of 6
September 15, 2020, Item #10Residential Collection: Section 8.68.130 specifies the requirements of residential containers required for residential solid waste collection service. Specifically, adoption of the Ordinance would codify automated collection for yard waste or other compostables and requires the use of standardized containers for yard waste collection service, in addition to trash and recycling services. The Ordinance also requires that no other type of container, such as individual 32 or 35-gallon trash containers will be serviced. The Ordinance also provides residential customers with a method of notification for solid waste not collected by EDCO. Commercial Collection Services: Section 8.68.155 of the PMC outlines the frequency, material and method of collection for commercial solid waste collection services. Amendment to this provision of the PMC adds "compostables," which includes food waste, to the commercial solid waste material collected by the Franchisee. Section 8.68.170 outlines the provision of containers required for collection service. Amendments to this provision adds "containers" to the storage collection categories provided by the franchisee. Containers are smaller storage carts ranging in size from 35-gallon to 95-gallons, that will allow for commercial organic collection service to comply with Assembly Bill 1826 and SB 1383. Beginning the week of September 14, EDCO will be delivering the green waste carts to over 14,000 single-family residential customers (each customer may be able to receive up to three carts; additional carts available for a fee). After residents receive their green waste containers, residents will be required to use their containers for yard waste collection only, and in early 2021, residents will be able to recycle their food scraps and other compostables. For commercial customers, containers will be available at the end of 2020 and early 2021 for organic recycling service. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). ~: None. Public Notification: None. Attachments: A. Ordinance Reviewed/Approved By: Assistant City Manager 2 of 6 Reviewed By: Alan Fenstermacher City Attorney Approved By: C~e City Manager
September 15, 2020, Item #10ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING SECTIONS 8.68.130, 8.68.155, AND 8.68.170 OF CHAPTER 8.68 (SOLID WASTE MANAGEMENT) OF THE POWAY MUNICIPAL CODE WHEREAS, the City Council desires to protect its citizens' health, safety and welfare, and enhance the quality of life for all of the City's residents; WHEREAS, Chapter 8.68 of the Poway Municipal Code ("PMC") authorizes the City to determine all aspects of solid waste handling which are of local concern; WHEREAS, the City Council wishes to ensure that the PMC continues to comply with all applicable state and federal law, and update the PMC so that it accurately reflects realities on the ground; WHEREAS, the City seeks Ordinance amendments to three sections of Chapter 8.68 of the PMC to reflect residential and commercial service collection updates required to address state organic recycling requirements; WHEREAS, Section 8.68.130 of the PMC sets forth container requirements for automated service collection for solid waste and recyclables, but excludes automated service for yard waste; WHEREAS, Section 8.68.155 of Chapter 8.68 references frequency, types of solid waste collected, and method of collection for commercial service; WHEREAS, Section 8.68.170 of the PMC references commercial service container service requirements; WHEREAS, the City now desires to implement automated residential service collection for yard waste and other compostables to comply with state organic recycling requirements; WHEREAS, the City desires to include compostables as a type of commercial solid waste and provide a method for their storage and collection; and WHEREAS, in addition to being described herein, all the changes proposed to sections 8.68.130, 8.68.155, and 8.68.170 of Chapter 8.68 of the PMC are included herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: The City Council hereby approves this Ordinance and amends Sections 8.68.130, 8.68.155, and 8.68.170 of Chapter 8.68 of the PMC as specified below. Removals are indicated with strikethro1:1~hs and additions are indicated with underline. SECTION 3: Section 8.68.130 (Residential Collection -Containers) of the Poway Municipal Code is hereby amended as follows: 8.68.130 Residential collection -Containers 3 of6 ATTACHMENT A
September 15, 2020, Item #10Ordinance No. *** Page4 Franchisee shall provide residential customers appropriate containers for automated collection of solid waste ... aR€i recyclables ... and yard waste or other compostables. At least +!wo variable container sizes shall be made available to residential customers for the storage and collection of solid waste. No other type of container may be utilized for collection at residential premises designated to receive curbside service by the City's exclusive franchise agreement. Until implementation of any automated service program for the collection of yard waste or otl:ier compostables as may be later directed, the staneard size container for residential yard waste collection services shall not exceed a standard 32 gallon container or 50 pounds, unless otherwise agreed to by the Gity Gouncil. The eombined weight of the container and contents shall not e:><ceed 50 pounds unless the container is designed and franchisee equipped for mechanical lifting. Franchisee shall affix to e .. •ery metal or plastic waste container wl:iicl:i no longer holds yard 1A1aste or other compostables without spilling or leaking, a bilingual, Spanish/English red tag advising that such a container is unsuitable for presenting yard 1.-.iaste or other compostablos for collection and the continued use ef that container 1.vill result in its disposal. If solid waste placed for curbside residential collection are not collected, the person who placed the solid waste materials is entitled to receive a bilingual, English/Spanish red tag explaining the Franchisee's inability to collect and dispose of the materials, whether due to unauthorized container, improper placement of the container, contamination by nonrecyclable materials, or other reason. SECTION 4: Sections 8.68.155 (Commercial Collection Services -Frequency) of the Poway Municipal Code is hereby amended as follows: 4 of 6 8.68.155 Commercial collection services -Frequency. Franchisee shall collect and deliver to the appropriate solid waste management facility all solid waste, recyclables, yard waste, and other compostables generated by customers at commercial premises within the City who have contracted for services and delivered their materials to a bin or otherwise properly placed for collection; service shall be provided not less than once per week. Franchisee may subcontract with commercial firms (subcontractors) to collect and dispose of waste materials which franchisee is not licensed to remove and which present specialized problems. Such collections shall be performed with suitably licensed collection/disposal firms in accordance with PMC 8.68.350. Service to commercial customers shall include providing suitable bins for the collection and disposal of general refuse according to a frequency as individually contracted by the customer. This service shall also include collection and recycling of compostables. green waste, aluminum, newspaper, glass, plastic, metal cans, cardboard, mixed paper, and office ledger paper. The City may, at its discretion, add other materials to be recycled during the term of the franchise agreement. The franchisee shall provide consultative services, at no additional charge, to
September 15, 2020, Item #10Ordinance No. *** Page 5 commercial, industrial and multifamily (central collection bins) customers to assist in setting up effective recycling and waste minimization programs. SECTION 5: Sections 8.68.170 (Commercial Collection -Solid Waste Containers) of the Poway Municipal Code is hereby amended as follows: 8.68.170 Commercial collection -Solid waste containers. Franchisee shall provide containers, bins.i. and debris boxes for storage of solid waste which shall be designed and constructed to be watertight and prevent the leakage of liquids. All containers with a capacity of one cubic yard or more shall meet applicable Federal regulations on solid waste bin safety. All containers shall be painted the franchisee's standard color and shall prominently display the name and telephone number of the franchisee in letters and numbers no less than two and one-half inches high. Similarly, the words "Serving the City of Poway" shall be displayed beneath the franchisee's name. Franchisee shall not place the City's logo on its containers. To attain certain economies, some customers may request specialized services such as compactors, roll-off, or custom-built containers, etc. The sale, lease, rental of such equipment, or their provision by the customer, may be negotiated by the latter and the franchisee. Information relating to any such agreements shall be forwarded to the Director of Public Works. A. Cleaning, Painting, Maintenance. Once every 12 months franchisee shall replace, clean or repaint all commercial containers as needed so as to present a clean appearance. In addition, franchisee shall do the same upon 48 hours' oral notice by the Director of Public Works. Franchisee shall maintain all containers in a functional condition and shall remove graffiti immediately. B. Repair and Replacement. Franchisee shall repair or replace all customer-owned nonresidential containers damaged by collection operations, normal wear and tear excluded. SECTION 6: 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 this 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 § 36933. INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 15th day of September 2020, and thereafter. 5 of 6
September 15, 2020, Item #10Ordinance No. "** Page 6 PASSED AND ADOPTED at a Regular Meeting of said City Council held the 6th day of October, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, Interim City Clerk 6 of 6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
September 15, 2020
Honorable Mayor and Members of the City Council
Aaron Beanan, Director of Finance 46
Brad Rosen, Information Technology Manager ? (L,.-(858)668-4452 or brosen@poway.org 7-
CITY COUNCIL
Approval of Agreement Amendment with Tyler Technologies for the Purchase
and Implementation of Civic Services Software, Approval of Agreement with
Bluebeam, Inc. for Software, and Authorize the Purchase of Hardware and
Database Software and Appropriation of Funds
The City's current Civic Services software was first implemented in 2009 to provide staff an application
to manage and track permits, projects, code compliance, and business/regulatory licensing. With the
exception of business certificates, the current system does not provide an online interface to submit,
pay and interact with City staff for these civic services. Implementation of Tyler Technologies EnerGov
application and Bluebeam plan review software will allow the City to provide these services online to
support the County and State health mandates related to COVID-19, while helping keep the local
economy moving forward and enhancing customer service by offering online submittal options and
project tracking.
Recommended Action:
It is recommended that the City Council authorize the City Manager to execute an amendment to
the agreement with Tyler Technologies dated May 9, 2017 for Civic Services software, an agreement
with Bluebeam, Inc. for electronic plan markup software, and authorize the purchase of hardware and
database software to support these applications and appropriate funds for this project.
Discussion:
Civic services, including permitting, planning, code compliance, business certification and regulatory
licensing, are supported by the Development Services, Fire and Finance Departments. Departments
utilize an existing application implemented in 2009 to input these activities for internal workflow and
tracking upon in-person application at our public counters at City Hall.
City offices have been closed to the public in response to the COVID-19 pandemic and related County
of San Diego and State of California health mandates. The City has modified its processes as best as
possible given its current technological capabilities to adhere to social distancing requirements. For
1 of 40 September 15, 2020, Item #11
September 15, 2020, Item #11example, paperwork such as building plans and permit applications are submitted to the City via an outside drop box. The paper documents are then internally routed via a manual process. Staff must come into the office to pick up the documents and plans. Staff then takes the paper copies back to their telecommuting location. Not only is this inefficient, it increases the risk of exposure to COVI D-19 by coming to and from City offices. To help the City adhere to State and County health mandates and streamline these civic services, staff recommends moving the processes online. City staff researched software products that would provide enhanced access to these City services and help adhere to health mandates by moving them online. Tyler Technologies' EnerGov application provides the best functionality and integration with the City's current systems. In 2017, the City implemented Tyler Technologies Enterprise Resource Planning (ERP) Munis financial and human resources system. The implementation and use of Munis over the past three years has provided an up-to-date system that has improved operational efficiencies by eliminating redundant processes and improving business workflow. Tyler's EnerGov solution is the best solution to expand the City's ERP because it provides the critical online civic services functionality needed to respond to the current COVI D-19 health orders and affords direct integration with our existing systems. The EnerGov application, which includes the Citizen Self Service (CSS) portal, will allow the City to support every permit type and process entirely online. Businesses and residents will be able to request permits, business and regulatory licensing online, submit and go through the plan review process on line, request inspections and pay for permits and other fees online at any time of the day, seven days a week, 365 days a year. It also improves the process efficiency helping larger volume users (e.g. a solar company) get more done efficiently. Not only does this help support State and County health mandates, it also helps support the economy and improve processes for the development community and general public. Staff also looked at ancillary solutions to help make the EnerGov application as successful as possible. Bluebeam software is widely used by the engineering and construction industry for plan submittals and review. Tyler EnerGov integrates with Bluebeam software which provides for cloud-hosted plan markup and review of engineering and construction documents. The integration with EnerGov provides a centralized place to create, annotate and share documents so City staff and the submitting party can remotely collaborate and help keep projects on track. Additionally, hardware and database software are required to support these applications. Microsoft SQL database licensing is necessary because of the server impacts from the additional databases needed to support the programs and four iPads that will be used by inspection staff are needed to utilize the EnerGov mobile inspection applications. Other field staff will continue to use their existing mobile hardware. The benefits of these applications will directly support the social distancing/stay-at-home orders while helping keep the economy moving in a way that reduces COVID-19 transmission and facilitates business even though City Hall is closed. It is unknown how long COVID-19 will impact the City or how the current County and State guidelines will change, or how often businesses and offices will be closed and reopened. However, the implementation of online Civic Services provides the City an ability to more efficiently deal with the current COVID-19 pandemic while adhering to State and County health mandates as well as any additional closures in the future. The City's purchasing regulations require that product (e.g. software) purchases over $50,000 require a formal bidding process. In evaluating the options available to the City to provide the enhanced civic services online and the need to integrate with the City's financial systems, staff determined Tyler EnerGov is the best solution. The implementation is considered an extension of our current ERP and will provide City staff the ability to access both the Munis and EnerGov applications from one central 2of40
dashboard. The benefits in utilizing one fully integrated system provides for improved efficiencies and
better services to the public and development community. After a review of software options and the
benefits of expanding our current ERP system, staff determined that it is in the best interest of the
City not to proceed with the formal bid process and move forward with this civic services solution to
improve processes as quickly as possible. This will help the City support State and County health
mandates and help reduce the impacts of the COVI D-19 pandemic.
Tyler Technologies software is installed in over 120 public sector agencies in California and
recent successful implementations of the EnerGov solution and CSS portal have been completed in
Encinitas, El Cajon, and Manhattan Beach. Staff communicated with local cities regarding their
experience and successful implementations and staff is confident that the EnerGov solution is a good
product and will provide enhanced civic services to the residents of Poway. The implementation of
the EnerGov solution will be a multi-department project and much like the Munis implementation will
be a major work effort to ensure it is effectively and efficiently setup for internal and
external customers.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The cost for the Tyler software licensing and implementation which includes the EnerGov system, CSS
portal and web cashiering is $550,594. The cost for licensing for Bluebeam software is $9,21 O and cost
for the iPad hardware & Microsoft SQL database software required to support the environment is
$12,147. The total cost of the Civic Services project is $571,951. Future year's operating costs are
projected to be $41,696 for the Tyler products, $3,975 for Bluebeam software and $2,038 for Microsoft
SQL licensing.
Staff recommends appropriating $571,951 to purchase and implement Tyler EnerGov, Bluebeam, and
mobile hardware and Microsoft SQL database software. Since staff is pursuing these projects solely
as a result of the COVID-19 pandemic and State and County health mandates, staff reached out to the
County of San Diego to understand this project's eligibility under the Coronavirus Aid, Relief, and
Economic Security (CARES) Act. The City has received authorization from the County of San Diego to
utilize CARES Act funding for these purchases. As such, staff does not anticipate any fiscal impact to
the General Fund for the purchase of this software. Projected ongoing operating costs of $47,709
associated with this software will be incorporated into future years' budget requests.
Public Notification:
None.
Attachments:
A.Tyler Technologies Amendment
B.Bluebeam Agreement
3 of40 September 15, 2020, Item #11
September 15, 2020, Item #11Reviewed/Approved By: ~ ~-we,.:;J~serman Assistant City Manager 4of40 Reviewed By: Alan Fenstermacher City Attorney App roved By: c~ City Manager
September 15, 2020, Item #11•• ••• •• ••• • • AMENDMENT This amendment ("Amendment") is effective as of the date of signature of the last party to sign as indicated below ("Amendment Effective Date"), by and between Tyler Technologies, Inc. with offices at One Tyler Drive, Yarmouth, Maine 04096 ("Tyler") and the City of Poway, California with offices at 13325 Civic Center Drive, Poway, CA 92064 ("Client"). WHEREAS, Tyler and Client are parties to an agreement dated May 9, 2017 ("Original Agreement"), as amended by an amendment dated October 17, 2018 ("October 2018 Amendment") and an amendment dated May 21, 2019 ("May 2019 Amendment") (the Original Agreement, the October 2018 Amendment, and the May 2019 Amendment, are collectively referred to herein as the "Agreement"); and WHEREAS, Tyler and Client desire to amend the terms of the Agreement as provided herein. NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client agree as follows: 1. The items set forth in the sales quotation attached as Exhibit 1 to this Amendment and set forth under "Tyler Software and Related Services" are hereby added to the Agreement as of the Amendment Effective Date. Payment of fees and costs for such items shall conform to the following terms: 5 of40 a. License Fees. License fees will be invoiced when Tyler makes the software added to the Agreement pursuant to this Amendment available for download (for the purpose of this Amendment, the "Available Download Date"). b. Maintenance Fees. Year 1 annual maintenance and support fees, prorated for a time period commencing on the Available Download Date and ending at the same time as the end of the then-current annual maintenance term for the Tyler Software already licensed under the Agreement, are due on the Available Download Date. Subsequent annual maintenance fees will be invoiced in accord with the Agreement. c. Implementation and Other Professional Services (including training). Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in Exhibit 1. d. Conversions. Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis. e. Other Fixed Price Services. Except as otherwise provided, other fixed price services are invoiced as delivered, at the rates set forth in Exhibit 1. For the avoidance of doubt, where "Project Planning Services" are provided, payment will be due upon delivery of the Implementation Planning document. f. Hardware Fees. Fees for Hardware are due on delivery of the respective Hardware. ATTACHMENT A
September 15, 2020, Item #11g. Expenses. The service rates in Exhibit 1 do not include travel expenses. Expenses for Tyler delivered services will be billed as incurred in accordance with the Agreement. h. Systems Management: Systems Management Services are invoiced on the Available Download Date and are provided in accordance with the Agreement for Tyler Systems Management attached to Agreement via the October 2018 Amendment. Systems Management Services will renew automatically for additional one (1) year terms at our then-current Systems Management Services fee, unless terminated in writing by either party at least thirty (30) days prior to the end of the then-current term. i. Disaster Recovery Services: Year 1 annual Disaster Recovery fees, prorated for a time period commencing upon our receipt of your data and ending at the same time as the end of the then-current annual maintenance term for the Tyler Software already licensed under the Agreement, are due upon our receipt of your data. Subsequent annual Disaster Recovery fees are invoiced annually in advance. Disaster Recovery services will renew automatically for additional one (1) year terms at our then-current Disaster Recovery fee, unless terminated in writing by either party at least thirty (30) days prior to the end of the then-current term. Our current Disaster Recovery Agreement is attached to this Amendment as Exhibit 2. 2. The items set forth in the sales quotation attached as Exhibit 1 to this Amendment and set forth under "Saas" are hereby added to the Agreement as of the first day of the first month following the Amendment Effective Date. Payment of fees and costs for such items shall conform to the following terms: a. Hosting Fees. Hosting Fees are invoiced annually in advance, beginning on the first day of the first month following the Amendment Effective Date. Subsequent annual Hosting Fees are invoiced annually in advance of each anniversary thereof. Your fees for each subsequent year will be set at our then-current rates. 3. Hosting Services. We will host the Tyler Software set forth in Exhibit 1 to this Amendment under "SaaS" in accordance with the terms and conditions set forth in the Hosting Services Exhibit, attached hereto as Exhibit 3, and the Service Level Agreement, attached hereto as Schedule 1 to Exhibit 3. 4. Your use of the MyGovPay/VirtualPay and IVR software, hardware and services are subject to the end user license agreement attached as Exhibit 4 to this Amendment, and such items are hereby added to the Agreement as of the Amendment Effective Date. 5. The parties desire to clarify the term of the Agreement. Exhibit C -Maintenance and Support Agreement defines the term as commencing on the Effective Date of the Original Agreement, remaining in effect for one (1) year, and thereafter renewing automatically for additional one (1) year terms unless terminated in writing by either party at least thirty (30) days prior to the end of the then-current term. The October 2018 Amendment extended the term of the Agreement for an additional year commencing July 1, 2019 and terminating on June 30, 2020; however, this extension is unnecessary as the Original Agreement contains auto-renewal language. Therefore, the parties agree that the Agreement does not expire on June 30, 2020 and will renew automatically for additional one (1) year terms commencing on May 9th of each year and 6 of40
September 15, 2020, Item #11continuing through May 8th of the following year per the terms set forth in Section 1 of Exhibit C -Maintenance and Support Agreement. 6. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement. 7. Except as expressly indicated in this Amendment, all other terms and conditions of Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below. Tyler Technologies, Inc. City of Poway, California By: ______________ _ By: _____________ _ Name: ---------------Name: ______________ _ Title: ______________ _ Title: ______________ _ Date: _______________ _ Date: ______________ _ 7 of40
September 15, 2020, Item #11•• ••• •• ••• • • Exhibit 1 Investment Summary The following Investment Summary details the software and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Amendment Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event a comment in the following sales quotation conflicts with a provision of this Amendment, the provision in this Amendment shall control. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 8 of40
September 15, 2020, Item #11\0
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• . . ) ... ••••• •• t};!~1~1es
Sales Quoratiou I or
City of Po,.vay
13J25 Civic Cemer Drivt::
Poway. CA 92064-5755
Phone +l (858) 668-4454
Additional:
EnerGov Advanced Automation Bundle
MyCivic Bundle (Limited Use)
Tyler Software .ind Related Services
Sub-Total:
Less Discount
TOTAL:
Quoted By:
Dare:
Quote Expiration:
Quote )fame:
Quote ).luniber:
Quote Description:
$5,030.00
$2;125.00
$7,155.00
l)J89.0
$5,366.00
Ryan Blair
8!31:2020
9,130;:2020
City of Poway -ERP -EnerGov
::W.20-1020:53-2
EnerGov
16 52,960.00
12 S2.2.20.00
55.180.00
so.oo
28 S5,180.00
$0.00
SO.OD
$0.00
$000
$0.00
Descripbon License lmpl. Hours lmpl. Cost Data Conversion Module Total Year One Maintenance
Revenue:
Tyler Cashiering
Additional:
EnerGov Business Management API Toolkit
EnerGov Business Management Suite (15)
EnerGov Citizen Seff Service -Business
1\-1.:rnagement
2020-I020 5J-2 -E m,rGov
52'1,000.00
s·16,ooo.oo
S45,000.00
s·16.ooo.oo
40 £7,400.00
0 SO.DO
60 $29,600.00
24 54,440.00
COUFIDEtHIAL
$0.00 528,400.00 $3.780.00
$0.00 S 16,000.00 $3,200.00
S9,400_00 584,000.00 $9,000.00
$0.00 520,440.00 $3,200.00
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September 15, 2020, Item #11-0
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Tyler Sottw.ue .md Rel.1ted Services
Description License lmpt Hours lmpl. Cost Data Conversion Module Total Year One Maintenance
EnerGov Citizen Self Service -Community s·16,000.00 24 54,440.00 $0_00 S20,440.00 $3,200.00
Development
EnerGov Community Development API Toolkit S'16,00000 64 $1'1,840.00 $0.00 527,840 00 $3.200.00
EnerGov Community Development Suite (48) $144,000.00 248 $45,880.DO $16,450_00 $206,330.00 S28.800.00
EnerGov Content Management API $6,000.00 64 $11 ,840.00 $0.00 $17,840.00 $"1.200.00
EnerGov Core Foundation Bundle $4,500.00 16 $2,960.00 $0.00 $7,460.00 S900.00
EnerGov e-Reviews S2 1,000.00 80 $14,800.00 $0_00 S35,800.00 $4,200.00
EnerGov iG V•Jorkforce Apps ('10) S10,000.00 16 52,960.00 $0_00 $12,960.00 $2,000.00
EnerGov Report Toolkit $5,000.00 0 SO.DO $0.00 $5,000.00 $1,000.00
EnerGov ·view Onty License (7) $4,893.00 0 SO.DO $0.00 $4,893.00 S980.00
Tyler :31 lllncident r .. ,1anagement $8,500.00 56 $"10.360.00 $0.00 S18,860.00 $1,700.00
Tyler Content Manager SE -EnerGov Business $0.00 0 S0.00 S5.ti00_00 $5,500.00 $0.00
Management -D
Tyler Content Manager SE -EnerGov $0.00 0 SO.DO S6,500_00 $6,500.00 $0.00
Community Development -D
Tyler Disaster Recovery Service $0.00 0 SO.DO $0_00 $0.00 S18.165.00
Tyler GIS (63) $31,500.00 0 SO.DO $0_00 S3 1,500.00 $6.300.00
Tyler System Management Services Contract $0.00 0 SO.DO $0.00 $0.00 S-JB:165.00
Sut)-T0tJI: 5365,393.00 S'l 46,5.20.00 sm.sso_oo $549,763.00 $108,990.00
Less Discount $91.35000 S000 $0 00 S91,35000 $72.660.00
TOTAL: $2i4,043.00 i92 $146.520.00 $37,850.00 $458,413.00 $36,330.00
Other Services
Description Quantity Unit Price Unit Discount Extended Price
EnerGov Business Management Forms Library (6 Forms}
EnerGov Community Development Forms Library (5 Forms)
EnerGov Custom Report Development (3 pack)
Project r ... 1anagement
TCM Conversion -Implementation
2020-102053.-2 -ErterGov
TOTAL:
.,
104
24
COUFIDENTIAL
$5,'100.00 $0.00 55,100_00
$5,1 00.00 $0.00 $5,100.00
$9,000 .00 $0.00 S9,000_00
$185.00 $0_00 s-19.240_00
$185.00 $0_00 S4.440_00
$42,880.00
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September 15, 2020, Item #11...a. ...a.
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3rd P.irty H.trdware, Softw.ire :md Services
Description Quantity Unit Price Unit Discount Total Price Unit Maintenance Unit Maintenance Total 'rear One
C.:isl1 Drawer
Hand He'ld Scanner -Model 19::,0GSR
Hand Held Scanner Stand
ID Tech MiniMag USB Reader
Printer (TM-S9000}
3rd Party Hardware Sub-Total.
Summary
1i)tal Tyler Softvl"are
Total Saas
Tot.ii Tyler Services
TOTAL:
Total 3rd Party Hardware, Softiivare and
Services
Summ.iry Total
Contract Total
2020-I0205l-2 -·cnerGov
S260.00
5450.00
$30 00
$62.00
$"1,623.00
One Time Fees
$274,043.00
$0.00
$232,430.00
£2,425.00
$508,898.00
$550,594.00
$0.00 $260.0
$0.00 $450.00
$000 $30.00
S0.00 $62.00
$0.00 s-1,623.oo
$0.00 $2,425.00
$2,425.00
Recur:ring Fees
$36,3-30.00
$5,366.00
SO.DO
SO.OD
$41,696.00
CONFIDENTIAL
$0.00
$0.00
$0.00
$0.00
$0.00
Discount Maintenance
$0.00
SO.OD
$000
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
S0.00
$0.00
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September 15, 2020, Item #11-N
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Det3iled Bre3kdown of Conversions (included in C.ontr3ct Tot31)
Desaiption Unit Price Unit Discount Extended Price
EnerGov Business Management -Conversion
EnerGov Community Development -Conversion
T:vler Content Manager SE -EnerGov Business M.:magemen
Tyler Content Manager SE -EnerGov Community Development
2020-·1021J5)-2 -EnerC.ov
$9,400.00
$16,450.00
$5,500.00
$6,500.00
TOTAL:
CONFIDENTIAL
$0.00 59,400.00
$0.00 $16,450.00
$0.00 55,500.00
$0.00 S6,500.00
$37.,850.00
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September 15, 2020, Item #11...a. w
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Additional:
EnerGov Adv,:mced Automation Bundle 0 $17,030.00 16 S2,9f.o_QO $0.00
l'v1yCtvic Bundle 0 S 10,000.00 56 $10,360.00 SO.OD
TOTAL: $27,030.00 72 $13,320 .. 00 $0.00
Option.11 Tyler Software & Rel.1ted Services
Description License lmpt Hotr.i lmpl. Cost Data Conveision Module Total Year One Maintenance
Addition3l:.
EnerGov Assist Complete $0.00 0 S0.00
EnerGov Credit Card Payment API $6,000.00 64 $11,840.00
EnerGov IVR API $6,000.00 64 $11,840.00
TOTAL: $12,000.00 128 $23,680.00
Unless otherwise indicated in the contract or amendment t11ereto, pricing for optional items will be l1eld for
six (6) rnonths from the Quote d;:ite or the Effective Date of the contract. whichever is l;:iter
Customer Approval: Date:
Print Name:
All primary values quoted in us Dollars
Tyler Disc,ount Detail
P.O.#:
$0_00 S0.00 S30_000.00
$0_00 $'17,840.00 $1,200.00
$0_00 SH,840.00 $1,200.00
$0.00 $35,680.00 $32,400.00
Description License License Discount License Net Maintenance Year One Ma.int Year One Maint
Revenue:
Tyler Cashiering
Additional:
EnerGov Business r•,,1anagement API Toolkit
EnerGov Business Management Suite ( 15)
2020-10205'.>-2 -EnerGc•••
$21,000.00
$16.000.00
$45,000.00
S5,250_00 $'15,750_00
54,0DO_OO $'12.000.00
$11,250.00 $33.750_00
CONFIDENTIAL
Basis Discount Net
$3.780.00 $3,780.00
$3,200 00 $3,200.00
$9,000.00 $9,000.00
$0.00
$000
SO.OD
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September 15, 2020, Item #11-.l::i,.
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Tyler Discount Det.1il
Description License License Discount License Net Maintenance Year One Maint Year One Maint
Basis Discount Net
EnerGov Citizen Self Service -Business $"16,000.00 $4.000.00 $12,000.00 $3,200.00 $3,200.00 $0.00
tv1anagemen
EnerGov Citizen Self Service -Community $16,000.00 54,000.00 $'12,000.00 $3,200.00 $3,200.00 $0.00
Development
EnerG011 Community Development API Toolkit $rn.ooo.oo $4,000.00 $12.000.00 $:3,200.00 $3,200.00 $0.00
EnerGov Community Development Suite (48) S'144,000.00 $:36,000.00 $108.000.00 S28,800.00 $28.800.00 $0.00
EnerGov Content Management API $6,000.00 51,500.00 $4,500.00 $1,200.00 $1,200.00 $0.00
EnerG011 Core Foundation Bundle $4,500.00 s·1.I2s.oo $3,375.00 5900.00 $900.00 $0.00
EnerGov e-Reviews $21,000.00 S5,250.00 $15,750.00 $4,200.00 $4,200.00 $0 00
EnerGov iG Workforce Apps {'10) $10,000.00 S2,500.00 $7,500.00 $2,000.00 $2,000.00 $0.00
EnerGov Report Toolkit $5,000.00 S 1,250.00 $3,750.00 $1,000.00 $1,000.00 $000
EnerGov View Only License (7) $4,893.00 51 ,225.00 $3,668.00 $980.00 $980.00 $0.00
Ty.ler 311 l'lncident l\•1anagement $8,500.00 52,125_00 $6,375.00 $1,700.00 $1,700.00 $000
Tyler Disaster Recovery Service $0.00 SO.DO $0.00 5'18, '165.00 SO.DO S18. 165.00
Tyler GIS (63) $31,500.00 57,875.00 $23.625.00 $6,300.00 $6,300.00 5000
Tyler system Management services Contract $0.00 SO.DO $0.00 S18,165.00 50.00 S'18, 165.00
TOTAL: $365,393.00 $91,350.00 $274,043.00 $108.990.00 $72.660.00 $36,330.00
2020-10205'.>-2 -E11erGciv CotlFIDENTIA.L 6 of 9
September 15, 2020, Item #11...a. u,
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Comments
Client agrees that items in this sales quotation are_ upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") behveen the parties and
subject to its terms. Additionally. payment for said items_ as applicable but subject to any listed assumptions herein, shall confonn to the following tenns:
License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such sofuvare available for download
by the Client;
Fees for hardware are invoiced upon ddi..-c~ry:
Fees for year one of hardware n1.1u1tenance are invoiced upon deliYery of the hardware:
Annual ~faintenance and Support fees, Saas fees, Hosting fees_ and Subscription fees are first payable when Tylt"r makes the sofuvare available for download by the Client
(for Maintenance) or on the first day of the month foUowing the date this quotation was signed (for Saas_ Hosting. and Subscription)_ and any such fees are prorated to align
with the applicable tenn under the Agreement v,;ith renewals inYoiced annually thereafter in accord w1th the Agre-ement_
Fees for services included u1 thi5 sales qnotati.on 5hall be invoiced a5 indicated below.
~ Implementation and other professional services fees shall be im-oiced as delivered.
Fixed-fee Business Procesc, Consulting seiTices shall be im-oiced 50~-'o upon deliwry of the Best Practice Reconunencfations_ by module. and SO~·o upon deliH·1y of
custom desh.'top procedures., by module.
c Fixed-fee conversions are invoiced 50% upon initial delivery of the convei1ed data, by conversion option_ and 50°.,:o upon Client acceptance to load the conve11ed data into
Live/Production env.i.ro111uent by conversion option_ \\111ere conven,ions are quoted as estimated_ Tyler will invoice Client the a.ctual c,ervices delive-red on a time and
materials basis.
c Except as othen.vise provided. other foxed price services are invoiced upon complete delivery of the service. For the avoidance of doubt whert" "Project Planning
Services'' are provided, payment shall be invoiced upon delive1y of the Implememation Planning documem. Dedicated Project Manageruent c-,en-ices_ if any, will be
invoiced momhiy in arrears., begiillling on the first day of the month immediately following initiation of project planning.
c If Client has purchased any change managemem services, tbose services will be invoiced in accordance \vi.th the Agr,eemem.
Nonvithstanding anything to the contrary stated above_ the following payment tem1s c;hall apply to services fe·es specifically for migrations: Tyler will invoice Client 50%i
of any 1v1igratio11 Fees listed above upon Client approval of the product suite migration schedule_ TI1e remaining 50%>-by line item_ will be billed upon the go-live ofthe
applicable product suite. Tylei-will iiIYoice Client for any Project :t>.-fanagemem Fees listed above upon the go-live of the first product suite. l~nless otherwi<;e indicated on
this Sales quotation, annual s.ervicer, \vill he invoiced in advance. for ammal tenns commencing 011 the date this sales quotation is 5igned by tbe Client. If hsted ammal
service(s.) is an adclit.ion to the same r;;ervice presently existing m1der the Agreement_ the first term of die added a1mt1...1l service will he prorated to expire cotenninous with
the existing annu.al tenu for the service, with renewals ro occur a.s ii1dicated 11.1 the Agrl'ement
Expense<; a.ssociated with on,;ire services. a.re invoiced as incu1Ted.
Tyler System~vfanagement Services is calculated at 25~o of the l\fanis ammal mainrenance. There is a $2,500 mminmm annual fee.
Tvler's Disaster Recovery Ser.rice is. cakulated at 25% of the I\fonis annu..11 m.auuenance. There is a $5.000 mini.mum atl.llnal fee for Disaster Recovery sen·ice. The Disaster
Recove1y fees a.re applic.able only to one Live Munis database and excludes aU rest and training_ cbtabases_ -
Conversion prices are based on a single occun-ex1ce of the database. If additional databases need to be converted, thes•e will need to be quoted.
2020-102053-2 -EnerGov CONFIDENTIAL 7 of 9
September 15, 2020, Item #11-0\
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Comments
Tyler's quote contains e<;1i.mate:; of the amount of sen.'.ices needed. based on our pre.liminary m1dersta.nding of the size and <;cope of your project The acmal amount of services
depends on 5uch ±:1ctors as your level of inYoIYement in the project and the speed of knowledge trans±er.
l;nlesr. otherwise noted. price<, submitted in the quote do not include trawl expemes incu1red in accordance with Tyler's then-cuneut Busmess TrnYel Policy.
Tyler's prices do not include applicable locaL city or federal i:;ales. use exci<se, pesr.onal property or other similar taxes or duties. which you aJe responsible for detem1ining and
remitting. Installations are completed remotely. but can be done onsite upon request at an additional cost
h1 the event Client cancels services less than l'lVO (2) ,veeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf: and (ii)
daily fees associated with the cancelled services if Tyler is unable to re-a5sign its personnel.
Implementation hours are scheduled and delivered in four (4) or eight (8) hour :increments.
Tyler provides 0115i.te training for a maximum of 12 people per das,. In the event that more than 12 users wi,h to panicipate u1 a training class or more than oue occurrence of a
class is needed, Tyler will either provide additional days at then-cun-ent rates for training or Tyler ,~.-ill utilize a Irain-the-Tiamer approach whereby the client designated attendees
of the initial training can there.after train the remaining users.
Project r .. fanagement u1clude,; p10ject planning, kickoff meeting., status calls, task monitoring, verific.ation and tra11sitio11 to support.
Tyler's pricing is ba,ed on the scot,-ie of prnpose<l products and se1....-ices being obtained from Tyler. Should po1iious of the scope of products or serYices be reruoYed by the Client,
Tyler reScerves the right to adjust prices for the remaining scope accordingly
EnerGov e-Reviews re,quires Bluebeam Studio Prime. at au estimated yearly subscription cost of $3.000/100 users. Fm1her pricing detail is aYailable. by contacting Bluebeam at
https:ihnnv.bluebeam.comlsolutionsistudio-prime
Business l\fanagement Forms Library Iucludes: l Licen":iing -Bmines<,; License, 1 Licen5ing -Business License RenewaL 1 Licensing -Busines<,; License Delinquent, 1 Licen<;ing
-Prot~%ion License. 1 Licensing -Profession License Renewal. 1 Licensing --Profession Licease Delinquent.
Conununity DeYe-lopment Fon:us. Library Indudes: 1 Permits -Building. l Permits -Trade, 1 Planning -Certificate, 1 Pennit.s -Occupancy/Completion. 1 Code -Viofatiou
~otice.
De,:elopment modifications. interfaces and services. where applicable. shall be inYoiced to the diem in the following mam1er: 50ch, of total upon authorized signamre TO proceed
on program specifications and the remaining 50% of totai upon delivery of modification,;_ interface and seivices.
Tyler Disaster Recove1y Services is calculated at 25°0 of annual mainte.11ai1ee. The quoted value is in addition to your cmrent Dis:ister SeIYices aud will be subject to an annual
i11crease at om tl1eu current pricing.
Tyler System ~fanagemem Services is calculated at 25%, of annual maintenance. The quoted value i'> in addition to your curre.nt Tyler System 1fanagement Services and will be
subject to ::u1 a1mual .increase at our then cun-ent pricing.
EnerGo,.-Business rvfanagement: Tyler leads and owns the configuration .of 2 unique bus1.11ess transactions. 2 template bu:,iness transactions, 2 geo-m les and 2 automation events.
2020-102053-2 -Ener-Gov CONFIDENTIAL Bot g
September 15, 2020, Item #11--..J
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C:onfigurarion elements beyond this ,vill he owned by the client.
EuerGov Conuuuuity Devdopment: Tyler leads and own~ the configuration of 4 uuique business transactions. 4 template business transactions_ 2 geo-rnles aud ~ amomarion
events. Configuration elements beyond this will be owned by the client.
2020-102053-2 -EnerGov CONFIDENTIAL 9of 9
September 15, 2020, Item #11•• ••• •• ••• • • Exhibit 2 Disaster Recovery Agreement WHEREAS, Client desires to enroll in Tyler's Disaster Recovery Service for the Tyler software products ("Tyler Software Products") licensed by Client from Tyler, subject to the terms and conditions of this Disaster Recovery Agreement ("DR Agreement") and the License and Services Agreement ("Agreement") under which Tyler has licensed Tyler Software Products to Client. THEREFORE, Tyler and Client agree as follows: 1. Definitions: • Agreement. The License and Services Agreement under which Tyler licenses Tyler Software to the Client. • Business Days. Monday through Friday, excluding Holidays. • Business Hours. 8 AM - 6 PM (EST) on Business Days. • Critical Processes. Mutually defined in the Disaster Recovery Plan. • Critical Users. Mutually defined in the Disaster Recovery Plan. • Disaster. An unplanned event that is not within the reasonable control of the Client which results in the failure of the Tyler Software Products licensed by Client to perform Critical Processes. A Disaster is not a hardware or network failure that would have been avoided with reasonable diligence and maintenance in accord with the industry standard, a failure otherwise covered by an in-force agreement Client has with Tyler (e.g., Tyler annual Maintenance and Support Agreement ("Support Agreement"), Technical Services Agreement, or Tyler Systems Management ("TSM") Agreement, or a failure that can be remedied in less than sixteen (16) business hours. • Disaster Recovery Plan. Defined at #2 of Exhibit A to this DR Agreement. • Holiday. New Year's Day (January 1), Memorial Day (observed), Independence Day (July 4), Labor Day (observed), Thanksgiving Day, Day after Thanksgiving Day, Christmas Day (December 25). • Force Majeure. An event beyond the reasonable control of a party, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, restraints affecting shipping or credit, delay of carriers, inadequate supply of suitable materials or any other cause which could not with reasonable diligence be foreseen, controlled or prevented by the party. • Recovery Point Objective ("RPO"). Amount of time since last successful data transfer. With successful nightly transfer of data, RPO would be no more than twenty-four (24) hours. • Recovery Time Objective ("RTO"). One (1) business day after receipt Disaster declaration for Client data not exceeding one (1) terabyte in size, for Critical Users using Critical Processes. RTO for Client data one (1) terabyte in size or greater shall be mutually agreed, specified and incorporated into the Disaster Recovery Plan. 2. Term. The initial term of this DR Agreement shall commence on receipt by Tyler of Client's data and shall terminate one (1) year thereafter ("Initial Term"). This DR Agreement shall renew automatically for additional one (1) year terms unless terminated in writing by either party at least ninety (90) days prior to 18 of 40
September 15, 2020, Item #11the end of the then-current term. In the event the Support Agreement for Tyler Software Products is terminated, this DR Agreement shall also then terminate. 3. Disaster Recovery Services. Tyler shall provide the Disaster Recovery services ("DR Services") as described in this DR Agreement, including any Exhibits and associated appendices. All DR Services shall be provided remotely. In the event the Disaster results in damage to Client's server(s) and a re-installation of the Tyler Software Products licensed by Client is required as a result of such damage, Tyler shall re-install the Tyler Software Products free of charge if Client is enrolled in Tyler's TSM service (ERP, Munis, TCM) or Technical Services Support (lncode, Eden, TCM). Otherwise, such re-installation shall be obtained from Tyler at Tyler's then-current installation services rates. Tyler Disaster Recovery staff will contact Client within twelve (12) business hours of any such reinstallation for reinstallation of Disaster Recovery Software. 4. Client Requirements. In order for Tyler to provide DR Services pursuant this DR Agreement, Client shall: a) Provide high speed internet access, including upload bandwidth sufficient for complete nightly data transfers to comply with applicable RPO; b) Comply with then-current minimum hardware and network requirements as specified on Tyler's support website; c) Maintain security and access privileges for Tyler to receive data transfer and reasonably perform activities reasonably necessary for Tyler to provide DR Services; d) Permit installation of software required for provision of DR Services in accord with this DR Agreement as reasonably determined by Tyler; e) Reasonably notify Tyler in advance of any changes in Client's network that impacts Tyler's ability to deliver DR Services; and f) Client shall not install or activate SQL TOE or similar database or file level encryption technologies on servers installed with Tyler Disaster Recovery software. 5. Disaster shall be declared by Client by calling Tyler at (207) 781-2260 or (800) 772-2260 and clearly stating that CLIENT IS DECLARING A DISASTER. 6. Disaster Recovery. Client's Critical Processes will be accessible by Critical Users in accord with the applicable RTO. 7. Data. Data Transfer shall be handled in accord with Exhibit A to this DR Agreement. 8. Release Life Cycle. Tyler shall support prior releases of the Tyler Software Products in accordance with Tyler's Release Life Cycle Policy. 9. Payment & Price In consideration of the DR Services provided by Tyler herein, Client shall pay to Tyler a year one (1) fee as set forth in the Amendment attached hereto. Thereafter, the annual fee will be invoiced and paid prior to the commencement of the renewal term. All payments due pursuant this DR Agreement are due within thirty (30) days from receipt of invoice. 19 of 40
September 15, 2020, Item #1110. Exclusions. a) Neither party shall be liable for delays in performing its obligations under this DR Agreement to the extent that the delay is caused by Force Majeure. b) Tyler's DR Services shall not be used to replace required on-site backups of Client data for Tyler Software Products licensed by Client. c) The fee paid for DR Services does not include, and Client is responsible for the costs associated with: i. Hardware and/or software necessary to remotely access Tyler's data center, and any and all on-site services. Client may request and purchase on-site services at Tyler's then-current rates. ii. In the event Client requests Tyler to hand-deliver or courier the critical processes output (such as payroll checks), the cost of such special delivery shall be borne by Client and payable thirty (30) days from receipt of invoice. 11. License Terms. Client's use of the Tyler Software Products included in the DR Service remains subject to limitations on Client's use in the Agreement, including disclaimer of implied warranties. 12. Notices. With the exception of a declaration of a Disaster, notices or communications required or permitted as a part of this DR Agreement will be in writing (unless another verifiable medium is expressly authorized) and will be deemed delivered when: a) Actually received, b) Upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the party, c) Upon receipt by sender of proof of email delivery, or d) If not actually received, ten (10) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the respective other party at the address set forth in the Agreement or such other address as the party may have designated by notice or Agreement amendment to the other party. Consequences to be borne due to failure to receive a notice due to improper notification by the intended receiving party of a new address will be borne by the intended receiving party. The addresses of the parties for notices shall be as set forth in the Agreement. 13. This DR Agreement, along with the Agreement, represent the entire agreement of Client and Tyler with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Client hereby acknowledges that in entering into this DR Agreement it did not rely on any information not explicitly set forth or referenced in this DR Agreement. Any changes to this DR Agreement by Tyler must be communicated at least sixty (GO) days in advance and will take effect no earlier than the commencement of the renewal term following notice of the change, unless otherwise mutually agreed. 20 of 40
September 15, 2020, Item #11Exhibit A In addition to those services described elsewhere in this DR Agreement, DR Services are described in the following sections. 1 Data Transfer The electronic transfer solution provides nightly (between the hours of 8 PM and 6 AM) transfer and archiving of Client's Tyler data and is subject to the following conditions: • Initial data transfer may require portable disk. • Data transferred shall include only items essential to provision of service. • Applications included in the DR Service are listed in Appendix A to this Exhibit A. Such description shall also indicate database and file detail required for provision of DR Services. Tyler Software Products not listed in Appendix A and any non-Tyler Software Product shall not be included in data transfer or the DR Services. • Only production databases are backed up. • Data from the last seven (7) successful data transfers are retained by Tyler. • Total data storage is limited to 200 gigabytes ("GB"). Storage limit may be increased in 200 GB increments by mutual agreement and at additional cost. • Data transferred to Tyler as part of DR Services is not available for Client's data retrieval or restoration not associated with the DR Services provided by Tyler. Tyler may provide data transferred by Client on an exception basis, upon request. • Tyler is not responsible for the integrity of the data provided by Client to Tyler. Tyler will use the most current viable data to restore Client's critical processes. • Tyler may use select information from the Client database for research and analysis purposes. • To the extent the database contains confidential information, Tyler shall keep confidential such information in accordance with the confidentiality provisions of the Agreement. • Tyler Disaster Recovery staff will monitor status of data transfers on Business Days. • In the event of two (2) consecutive data transfer failures, Tyler will timely provide notice to Client in order to commence troubleshooting. • Tyler shall have no liability for failure of data transfers not solely caused by Tyler. • Tyler will provide transfer report related to Client data transfer upon request. 2 Disaster Recovery Plan The Disaster Recovery Plan is a mutually drafted document which details, in addition to this DR Agreement, the DR Services Tyler shall provide to Client. The parties' responsibilities with respect to the Disaster Recovery Plan are further defined below. Tyler's Responsibilities: • Coordinate activities associated with transfer of data to Tyler's data center. • Document Disaster Recovery strategy for critical processes. • Review the Disaster Recovery Plan with Client. • Provide reasonable guidance for Disaster Recovery policies and procedures. • Identify modules, databases, applications, and files required for DR Service. 21 of 40
September 15, 2020, Item #11Client's Responsibilities: • Provide remote access to Client's Tyler database server for analysis and configuration of data transfer. • Provide network support if required to enable transfer of data from Client's server to the Tyler data center. • Provide PCs and high-speed modems for access from Client's alternate processing location, if required. • Provide technical resources to configure remote access PCs, including Tyler supplied application software, if reasonably required to receive DR Services pursuant the DR Agreement. • Provide a chain of command document for communication during a disaster. • Maintain the Disaster Recovery Plan and integrate the Disaster Recovery Plan made with Tyler with Client's comprehensive disaster recovery plan. Shared Responsibilities: • Identify critical users for DR Services. • Identify critical processes for DR Services. • Identify and agree on RTO where Client has more than 1TB of TORS Protected Data. • Draft initial Disaster Recovery Plan within ninety (90) days of commencement of Initial Term. • Define recovery processes for post Disaster operations (mandatory for Odyssey CM clients, optional for all others). 3 DR Services during Disaster A. Upon declaration of a Disaster, Tyler shall provide DR Services from one of its hosting facilities for the duration of the Disaster, not to exceed thirty (30) consecutive Business Days. Use of Tyler's data center in excess of such period shall require the parties to execute a change order detailing the duration of the extension and the additional cost associated therewith. B. Hosting Services During a Disaster. i. Hosting Services during a Disaster will be provided in accord with Tyler's then-current standard availability guarantees from its Service Level Agreement for Saas clients. Any credits issued to Client will be based on the total Disaster Recover fee paid for the then-current term. ii. Tyler will use best efforts to include interfaces for Tyler Software Products covered under this DR Agreement. iii. Hosting Services shall not include interfaces or interconnects with 3rd Party Products unless specifically agreed in the Disaster Recovery Plan. C. Processing Assistance During a Disaster includes, as necessary: i. Print Output: a. Payroll Checks b. Retirement Checks c. Accounts Payable Checks. ii. In the event print output is required to be sent non-electronically, Client shall bear the cost of shipment. iii. Transfer of Automated Clearing House ("ACH") Files to bank on Client's behalf. Transfer may require pre-notification by Client to bank. D. Clients receiving DR Services during a Disaster receive priority access to Tyler application support. 22 of 40
September 15, 2020, Item #114 Annual Disaster Recovery Test The parties may review and test the Disaster Recovery service: • Scheduled by parties at least thirty (30) days in advance, • Client must provide a list of users who will partake in the test, • Test shall not exceed 2 weeks, • Retest within same year available if initial test not agreed by both parties to be successful. S Estimated Schedule The services provided pursuant the DR Agreement will be performed consistent with the estimated schedule mutually agreed to by Tyler and Client. Tyler and Client agree to promptly perform their respective responsibilities according to such schedule. 6 Tyler's Other Responsibilities Project management services are provided as part of the DR Services. Tyler will designate a Project Manager who will be Tyler's contact for all communications with Client and will have the authority to act on Tyler's behalf in matters regarding this Statement of Work. Tyler's project manager will perform the following tasks: • Review Statement of Work with Client's project manager. • Review current project status. • Recommend changes or additions to the project as appropriate. • Administer the change control procedure. • Review and evaluate the progress of the project with Client's project manager to resolve any necessary changes. 7 Client's Other Responsibilities Tyler's performance is predicated upon the following responsibilities being fulfilled by Client: Prior to the start of the Statement of Work, Client will designate, in writing, a person who will be Client's Project Manager who will be Client's contact for all communications with Tyler and who has the authority to act on behalf of Client in all aspects of the Statement of Work. The Project Manager will perform the following activities: • Interface between Tyler's Project Manager and Client's organization. • Administer project change control with Tyler's project manager. • Arrange reasonable access to Client's data for project personnel, as reasonably required. • Conduct any communication through Tyler's Project Manager. • Help resolve and escalate project issues within Client's organization as required. • Obtain and provide project requirements, data, decisions and approvals within five (5) business days of request. If such requirements, data, decisions or approvals are delayed beyond the time specified, Client agrees to relieve Tyler of its responsibility for the affected Service until Client performs that obligation. • Accept responsibility for the data files, selection and implementation of controls for Client's location, and security of the stored data. 23 of 40
September 15, 2020, Item #11Client acknowledge that it is Client's responsibility to identify and make the interpretation of any applicable federal, state and local laws, regulations and statutes. 8 Project Change Control Procedure When Tyler and Client agree to a change in the Disaster Recovery Plan, Tyler will prepare a written description of the agreed change which both Tyler and Client must sign. The Change Order will describe the change, the rationale for the change, and specify any change in the charges, estimated schedule, or other terms. When charges are necessary in order for Tyler to analyze a change, Tyler will give Client a written estimate and begin the analysis only after Client's written authorization. 24 of 40
September 15, 2020, Item #11Appendix A Defined User Maximum. The maximum number of named Client users available to use DR Services is 30. Covered Applications. All products licensed by the Client under Exhibit 1 of this Amendment as of the Effective Date of the DR Agreement. Product Specific Conditions. None. 25 of 40
September 15, 2020, Item #11•• ••• •• ••• • • Exhibit 3 Hosting Services Tyler Hosting Services (also referred to as Saas Services) for the Tyler Software will be provided subject to the following terms and conditions. SECTION A-DEFINITIONS • "Data" means your data necessary to utilize the Tyler Software. • "Data Storage Capacity" means the contracted amount of storage capacity for your Data identified in the Investment Summary. • "Defined Users" means the number of named users that are authorized to use the Saas Services. The Defined Users for the Agreement are as identified in the Investment Summary. • "Hosting Fees" means the fees for the Saas Services identified in the Investment Summary. Hosting Fees may also be referred to as Saas Fees. • "Saas Services" means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. Saas Services may also be referred to as Hosting Services. Saas Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. • "SLA" means the Service Level Agreement. A copy of our current SLA is attached hereto as Schedule 1. SECTION B -SAAS SERVICES APPLICABLE TO TYLER SOFTWARE 1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the Saas Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the Saas Services. You may use the Saas Services to access updates and enhancements to the Tyler Software, as further described in Exhibit C of the Agreement. The foregoing notwithstanding, to the extent we have sold you perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are receiving Saas Services, your rights to use such Tyler Software are perpetual, subject to the terms and conditions of this Agreement including, without limitation, Section B(l). We will make any such software available to you for download. 2. Hosting Fees. You agree to pay us the annual Hosting Fees. Those amounts are payable as set forth in Section 2(a) of this Amendment. The Hosting Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section 1(1) of the Agreement. In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate 26 of 40
September 15, 2020, Item #11with the overage(s). 3. Ownership. 3.1. We retain all ownership and intellectual property rights to the Saas Services, the Tyler Software, and anything developed by us under this Agreement. 3.2. The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only. 3.3. You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the Saas Services. 4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the Saas Services available in any manner to any third party for use in the third party's business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Saas Services; (c) access or use the Saas Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the Saas Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement. 5. Saas Services. 5.1. Our Saas Services are audited at least yearly in accordance with the AICPA's Statement on Standards for Attestation Engagements ("SSAE") No. 18. We have attained, and will maintain, SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for Saas Services. Upon execution of a mutually agreeable Non-Disclosure Agreement ("NOA"), we will provide you with a summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the NOA is in effect and in which you make a written request, we will provide that same information. 5.2. You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In either event, databases containing your Data will be dedicated to you and inaccessible to our other customers. 5.3. Our Tyler data centers have fully-redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event any of your Data has been lost or damaged due to an act or omission of Tyler or its subcontractors or due to a defect in Tyler's software, we will use best commercial efforts to restore all the Data on servers in accordance with the architectural design's capabilities and with the goal of minimizing any Data loss as greatly as possible. In no case shall the recovery point objective ("RPO") exceed a maximum of twenty-four (24) hours from declaration of disaster. For purposes of this subsection, RPO represents the maximum tolerable period during which your Data may be lost, measured in relation to a disaster we declare, said declaration will not be unreasonably withheld. 5.4. In the event we declare a disaster, our Recovery Time Objective ("RTO") is twenty-four (24) hours. For 27 of 40
September 15, 2020, Item #11purposes of this subsection, RTO represents the amount of time, after we declare a disaster, within which your access to the Tyler Software must be restored. 5.5. We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the Saas Services or environments related to the Tyler Software. Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer. 5.6. We test our disaster recovery plan on an annual basis. Our standard test is not client-specific. Should you request a client-specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request. 5.7. We will be responsible for importing back-up and verifying that you can log-in. You will be responsible for running reports and testing critical processes to verify the returned Data. 5.8. We provide secure Data transmission paths between each of your workstations and our servers. 5.9. Tyler data centers are accessible only by authorized personnel with a unique key entry. All other visitors to Tyler data centers must be signed in and accompanied by authorized personnel. Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access. 5.10.Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the card holder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/about-us/compliance, and in the event of any change in our status, will comply with applicable notice requirements. SECTION C -SAAS TERM AND TERMINATION of SAAS SERVICES 1. Term. The term for Tyler Saas Services will commence on the first day of the first month following the Amendment Effective Date and will remain in effect for one (1) year. Thereafter, the term will renew automatically for additional one (1) year terms at our then-current Hosting Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then-current term. Your right to 28 of 40
September 15, 2020, Item #11access or use the Saas Services will terminate at the end of the term for Saas Services. 2. Failure to Pay Hosting Fees. You acknowledge that continued access to the Saas Services is contingent upon your timely payment of the Hosting Fees. If you fail to timely pay the Hosting Fees, we may discontinue the Saas Services and deny your access to the Tyler Software. We may also terminate this Agreement if you do not cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate. 29 of 40
September 15, 2020, Item #11,. Agreement Overview •• ••• •• ••• • • Exhibit 3 Schedule 1 Service Level Agreement This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. All other support services are documented in the Support Call Process. II. Definitions. Except as defined below, all defined terms have the meaning set forth in the Agreement. Attainment: The percentage of time the Tyler Software is available during a calendar quarter, with percentages rounded to the nearest whole number. Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third-party providers over whom we exercise no control. Downtime: Those minutes during which the Tyler Software is not available for your use. Downtime does not include those instances in which only a Defect is present. Service Availability: The total number of minutes in a calendar quarter that the Tyler Software is capable of receiving, processing, and responding to requests, excluding maintenance windows, Client Error Incidents and Force Majeure. Ill. Service Availability The Service Availability of the Tyler Software is intended to be 24/7 /365. We set Service Availability goals and measures whether we have met those goals by tracking Attainment. a. Your Responsibilities Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support incident number. You must document, in writing, all Downtime that you have experienced during a calendar quarter. You must deliver such documentation to us within 30 days of a quarter's end. The documentation you provide must evidence the Downtime clearly and convincingly. It must include, for example, the support incident number(s) and the date, time and duration of the Downtime(s). b. Our Responsibilities When our support team receives a call from you that Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of a Client Error Incident or Force Majeure). We will also work with you to resume normal operations. 30 of 40
September 15, 2020, Item #11Upon timely receipt of your Downtime report, we will compare that report to our own outage logs and support tickets to confirm that Downtime for which we were responsible indeed occurred. We will respond to your Downtime report within 30 day(s) of receipt. To the extent we have confirmed Downtime for which we are responsible, we will provide you with the relief set forth below. c. Client Relief When a Service Availability goal is not met due to confirmed Downtime, we will provide you with relief that corresponds to the percentage amount by which that goal was not achieved, as set forth in the Client Relief Schedule below. Notwithstanding the above, the total amount of all relief that would be due under this SLA per quarter will not exceed 5% of one quarter of the then-current Saas Fee. The total credits confirmed by us in one or more quarters of a billing cycle will be applied to the Saas Fee for the next billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption. Every quarter, we will compare confirmed Downtime to Service Availability. In the event actual Attainment does not meet the targeted Attainment, the following Client relief will apply, on a quarterly basis: 100% 98-99% 100% 95-97% 100% <95% Remedial action will be taken. 4% credit of fee for affected calendar quarter will be posted to next billing cycle 5% credit of fee for affected calendar quarter will be posted to next billing cycle You may request a report from us that documents the preceding quarter's Service Availability, Downtime, any remedial actions that have been/will be taken, and any credits that may be issued. IV. Applicability The commitments set forth in this SLA do not apply during maintenance windows, Client Error Incidents, and Force Majeure. We perform maintenance during limited windows that are historically known to be reliably low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you. V. Force Majeure You will not hold us responsible for not meeting service levels outlined in this SLA to the extent any failure to do so is caused by Force Majeure. In the event of Force Majeure, we will file with you a signed request that said failure be excused. That writing will at least include the essential details and circumstances supporting our request for relief pursuant to this Section. You will not unreasonably withhold its acceptance of such a request. 31 of 40
September 15, 2020, Item #11•• ••• •• ••• • • Exhibit 4 MyGovPay/VirtualPay and IVR 1. MyGovPay/VirtualPay Licensing. Access to MyGovPay and/or Virtual Pay is hereby granted if Customer elects to use MyGovPay or VirtualPay, products of Tyler Technologies {Powered by Persolvent), designed for Citizen Users to use for processing online payments. (a) Special MyGovPay/VirtualPay Definitions. "Merchant Agreement" means the agreement between Customer and Persolvent that provides for the Merchant Fees. "Merchant Fees" means direct costs levied by Visa/Mastercard/Discover or other payment card companies for Interchange Fees, Dues, Assessments and Occurrence Fees, over which Tyler Technologies has no authority. "MyGovPay-" means the Product of Tyler Technologies that allows members of the public to pay for Customer's services with a credit or other payment card on the Customer's citizen-facing web portal. "Persolvent" means Persolvent, formerly Bankcard Services Worldwide, a Payment Card Industry (PCI) compliant processing agent through which the EnerGov Software passes credit card transactions. "Use Fees" means the Technology Fees, Authorization Fees and Program/Convenience Fees as listed in Use Fees Table in Section 2, titled MyGovPay/Virtua/Pay. "Virtua/Pay" means the Product of Tyler Technologies that allows the Customer to accept and process citizen user's credit or other payment card using the EnerGov Software. (b) Conditions of Use. If customer elects to use MyGovPay and/or VirtualPay the following terms apply: (1) Customer must apply for and agree to a Merchant Agreement with Persolvent. (2) Customer agrees that Citizen Users will be subject to Use Fees as listed in Use Fees table in Section 2. (3) Customer agrees that Use Fees are separate from and independent of Merchant Fees. (4) Customer agrees that this Agreement does not represent any modification to Customer's Merchant Agreement with Persolvent. (S) Customer agrees that Use Fees are for use on the MyGovPay/VirtualPay online system and will not be deposited or owed to Customer in any way. (6) Customer agrees that MyGovPay's and VirtualPay's ability to assess Use Fees is dictated by the Card Associations whose rules may change at any time and for any reason. If MyGovPay and/or VirtualPay, for any reason, are unable to process payments using Use Fees, Customer agrees that MyGovPay/VirtualPay 32 of 40
September 15, 2020, Item #11reserves the right to negotiate a new pricing model with Customer for the continued use of MyGovPay and/or VirtualPay. 2. MyGovPay/VirtualPay Fees. Customer agrees that the Use Fees set forth on the following page will apply if Customer elects to use MyGovPay/VirtualPay. USE FEES TABLE FOLLOWS ON NEXT PAGE 33 of 40
September 15, 2020, Item #11Use Fees EnerGov's MyGovPay (Online/ card-not-present payments)** MyGovPay (Online MyGovPay (Online Payments) Payments) Percentage Based Fee + Transaction Fee Option 1: Government Entity 2.79% $0.20 Paid Option 2: 3.29% N/A Patron Paid **ACH processing is available for a fee of $20 per month and $0.30 per transaction. EnerGov's VirtualPay (retail card present) VirtualPay (Retail Virtual Pay (Retail Payments) Payments) Percentage Based Fee + Transaction Fee Option 1: Government Entity 2.59% $0.15 Paid Option 2: 2.99% N/A Patron Paid Patron Paid fees will be communicated as "Service Fees" to the cardholder, at the time of transaction. In the event that the average monthly transaction amount is below $30, Contractor reserves the right to apply an additional $0.20 service fee above the quoted rates above. 3. Interactive Voice Response (''IVR"). If IVR is selected by Customer and included in the pricing, the following additional terms and conditions shall apply of this Agreement: (a) Network Security. Customer acknowledges that a third-party is used by Tyler Technologies to process IVR data. Customer's content will pass through and be stored on the third-party servers and will not be segregated or in a separate physical location from servers on which other customers' content is or will be transmitted or stored. (b) Content. Customer is responsible for the creation, editorial content, control, and all other aspects of content to be used solely in conjunction with the EnerGov Software. 34 of 40
September 15, 2020, Item #11(c) Lawful Purposes. Customer shall not use the IVR system for any unlawful purpose. (d) Critical Application. Customer will not use the IVR system for any life-support application or other critical application where failure or potential failure of the IVR system can cause injury, harm, death, or other grave problems, including, without limitation, loss of aircraft control, hospital life-support system, and delays in getting medicate care or other emergency services. (e) No Harmful Code. Customer represents and warrants that no content designed to delete, disable, deactivate, interfere with or otherwise harm any aspect of the IVR system now or in the future, shall be knowingly transmitted by Customer or Users. (f) IVR WARRANTY. Except as expressly set forth in this Agreement, TYLER TECHNOLOGIES MAKES NO REPRESENTATION AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR IVR. 35 of 40
September 15, 2020, Item #11DocuSign Envelope ID: 6DC6B867-0400-4F39-816D-EF097052871 F STUDIO PRIME LICENSE AND SUBSCRIPTION AGREEMENT This Studio Prime License and Subscription Agreement (the "Agreement") is entered into by and between Bluebeam, Inc. ("Bluebeam") and the undersigned ("Licensee") and made effective as of the date signed by Bluebeam below. 1. DEFINITIONS. a. "Software" means the Revu® software application for editing, managing, marking-up, designing and sharing PDF documents. b. "Studio" means a cloud-based collaboration platform accessible via the Software that connects Studio Users and gives them the ability to communicate and markup and review documents in real-time. c. "Studio Prime" means the optional, paid subscription service that provides Licensee with advanced administrative functionality and visibility over the Licensed User's Studio usage activity and access to third party application integrations. d. "Studio Prime Account" means the account created for Licensee upon the execution of this Agreement. e. "Prime Administrator" means one or more persons designed by Licensee to administer Licensee's Studio Prime Account. f. "Prime Member" means a Licensed User who is invited by a Prime Administrator to join Licensee's Studio Prime Account. Upon the Licensed User's acceptance to join a Studio Prime Account, that licensed User's Studio account becomes a managed account under the Studio Prime Account to be managed and controlled by Licensee. g. "Prime Collaborator" means any Studio User who is invited by a Prime Member to be an Attendee in a Project or Session as such terms are defined in the Studio Terms of Use. h. "Studio User" means any individual who has established a Bluebeam user account, has agreed to the Studio Terms of Use, and thereafter accesses and uses the Studio services. i. "Licensed User" means Licensee or any employee, agent or other individual that Licensee has duly authorized to access and use the Software pursuant to the applicable end-user license agreement for the Software. j. "Documentation" includes the Studio Terms of Use (www.bluebeam.com/studio/termsofuse), this Agreement, Bluebeam's Privacy Policy (www.bluebeam.com/legal/privacy-policy), and the documentation published by Bluebeam on its website (www.bluebeam.com) with regard to the Studio Prime services. k. "Subscription Fees" are the annual subscription fees charged by Bluebeam for access and use of Studio Prime. I. "User Level" means a combination of Licensee's Prime Administrators, Prime Collaborators and Prime Members. m. "Prorated Subscription Fees" mean the Subscription Fees in effect on the date the User Level is increased that is prorated over the remainder of the Initial Term or Renewal Term, as applicable. 2. LICENSE TO USE STUDIO PRIME. Subject to Licensee's acceptance of and on-going compliance with this Agreement, Bluebeam grants Licensee a limited, non-sublicensable, non-transferable, non-exclusive, revocable right and license to access and use the Studio Prime services during the Initial Term and any applicable Renewal Term in accordance with the Documentation. The Studio Prime services may only be used by Licensee and Licensee's Prime Administrator, Prime Members and Prime Collaborators and only for Licensee's own lawful business purposes. 3. RESERVATION OF RIGHTS. All right, title, and interest in and to Studio Prime and the related services and Documentation, including, without limitation, all copyrights, patents (whether pending or issued), trade secret rights, trademarks, and other intellectual property, are owned and retained by Bluebeam. All rights not Studi~'lim~ Sfnnse & Subscription Agreement U pda~~ flt2m19 CONFIDENTIAL ATTACHMENT B Page 1 of 4
September 15, 2020, Item #11DocuSign Envelope ID: 6DC68867-0400-4F39-816D-EF097052871F expressly granted or licensed to Licensee herein are reserved. 4. GENERAL TERMS. a. Modifications. Bluebeam reserves the right to revise, modify or update Studio Prime from time to time in its sole discretion to add new features or functionality or modify existing features or functionality. b. User Level Restrictions. Licensee may only have such number of Prime Administrators, Prime Collaborators and Prime Members access and use Licensee's Studio Prime account that equals the User Level paid for by Licensee. Licensee may increase the User Level at any time upon written notice to Bluebeam and payment of the Prorated Subscription Fees. Licensee may decrease the User Level upon written notice to Bluebeam made at least thirty {30) days prior to each applicable Renewal Date. Any such decrease shall be effective on the Renewal Date for the following Renewal Term. c. Prime Administrators. Licensee acknowledges and agrees that Prime Administrator are solely responsible for (a) inviting Studio Users to become Prime Members or Prime Collaborators; (b) managing all Prime Member and Prime Collaborator accounts (including, without limitation, access and permissions to Projects and Sessions for which they are Attendees); (c) assign, create, modify and remove Prime Member and Prime Collaborator permission and restrictions; (d) managing and controlling all content (including, without limitation, Project Files and Sessions Files) created or uploaded into or used in connection with the Studio Prime Account. d. Prime Members. Licensee acknowledges and agrees that it shall inform and instruct all Prime Members under Licensee's Studio Prime Account of the following: (a) the Prime Member's Studio account will be under the exclusive control of the Prime Administrator; (b) the Prime Administrator can and will access the account and related content, create and modify permissions related to the account and otherwise monitor the Prime Members usage of the account; and (c) the Prime Member may only have one Studio account, which is the Prime Member account. 5. SUBSCRIPTION FEES AND PAYMENT TERMS. a. Subscription Fees. Licensee agrees to pay the Subscription Fees in effect on the Effective Date for the Initial Term. Licensee further agrees to pay the Subscription Fees in effect on each Renewal Date for each applicable Renewal Term unless Licensee has terminated this Agreement pursuant to Section 6 below. Provided there is a change in the User Level during the Initial Term or any Renewal Term, Licensee agrees to pay Bluebeam the Prorated Subscription Fees. b. Payment Terms. Bluebeam shall invoice Licensee for the Subscription Fees and Prorated Subscription Fees, if applicable, and Licensee agrees to pay all such invoices on Net 30 day terms. Subscription Fees and Prorated Subscription Fees are non-transferable and non-refundable. c. Past Due Accounts. Failure to make any payment required hereunder within forty-five (45) days of the Renewal Date will cause this Agreement to terminate without notice and further access to the Studio Prime services will cease. 6. TERM AND TERMINATION. a. Term. This Agreement shall commence upon the Effective Date and continue for a period of one (1) year (the "Initial Term"). The Initial Term shall renew for additional periods of one (1) year (each a "Renewal Term") upon Licensee's payment of the Subscription Fees on or before the Renewal Date or according to the terms of the applicable invoice Bluebeam provides to Licensee. Unless otherwise notified in writing at least thirty (30) days prior to each Renewal Date, this Agreement shall renew at the same User Level as the Initial Term or previous Renewal Term as applicable. The Initial Term and all Renewal Terms are collectively referred to herein as the "Term". The "Renewal Date" is the date that is one (1) year following the Effective Date and each annual reoccurrence thereof. b. Termination. This Agreement may be terminated (a) by either party providing written notice of termination to the other party at least forty-five (45) days prior to the end of the Initial Term or any applicable Renewal Term; or (b) pursuant to the terms of Section 5.c.; or (c) pursuant to the terms of Studio_,~imi Sfnnse & Subscription Agreement UpdatM flh7!.(J19 CONFIDENTIAL Page 2 of 4
September 15, 2020, Item #11DocuSign Envelope ID: 6DC6B867-0400-4F39-816D-EF097052871 F Section 7. c. Effective of Termination. Upon the termination of this Agreement, the license provided herein and Licensee's access and use of the Studio Prime services shall immediately cease. 7. RIGHT TO AUDIT. Bluebeam reserves the right to periodically conduct audits of Licensee's use of the Studio Prime services to verify compliance with the terms of this Agreement (each an "Audit"). Licensee shall be given no less than ten (10) days prior written notice of Bluebeam's intent to conduct an Audit. Audits will be conducted during Licensee's normal business hours and will occur no more than once in any twelve (12) month period. In the event an Audit shows that Licensee's actual use of the Studio Prime services exceeds the User Level paid for, Bluebeam shall have the right to immediately invoice Licensee for the unauthorized use, including applicable late fees and interest at the legally allowable rate, and the reasonable costs of the Audit. If Licensee fails to pay such invoice on Net 15 day terms, Bluebeam may terminate this Agreement in additional to all other remedies that may be available to it in law or in equity. 8. DISCLAIMERS OF WARRANTY; LIMITATION OF LIABILITY. a. DISCLAIMER OF WARRANTIES. STUDIO AND STUDIO PRIME ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER. BLUEBEAM DOES NOT WARRANT THAT THE FEATURES AND FUNCTIONS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BLUEBEAM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSEE ACKNOWLEDGES THAT BLUEBEAM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. b. LIMITATION OF LIABILITY. OTHER THAN IN CONNECTION WITH A PARTY'S INDEMNIFICATION OBLIGATIONS HEREUNDER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSEE OR BLUEBEAM BE LIABLE FOR ANY LIABILITY, LOST REVENUES, LOST PROFITS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER OR HOWEVER CAUSED ARISING OUT OF OR IN ANY WAY RELATED TO THESE SERVICES WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9. CONFIDENTIALITY. This Agreement and the terms and conditions contained herein are strictly confidential and shall not be disclosed to any person, entity or third party except (a) as may be necessary to comply with applicable law or to confer with a financial, tax or legal advisor with regard to the subject matter of this Agreement, or (b) to either party's employees who have a legitimate need-to-know and who agree to uphold the confidentiality obligations set forth herein. 10. GOVERNING LAW AND ARBITRATION. This Agreement shall be governed and construed in accordance with the laws of the State of California, excluding California's choice-of-law principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of California, excluding California's choice-of-law principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Any controversy or claim, whether in law or in equity, arising out of or relating to this EULA, or the breach thereof, shall be settled by arbitration in Los Angeles County administered by JAMS in accordance with its Streamlined Arbitration Rules & Procedures, and judgment on the award rendered by the arbitrator(s) is final and not appealable and may be entered in any court having jurisdiction thereof. 11. CONTROLLING LANGUAGE. This Agreement has been prepared in the English language and the English language shall control its interpretation. All notices to be provided by either party hereto shall be in the English language. In the event of any conflict between the English language version and any translation of this EULA that may be provided for convenience only, the English language meaning shall control. Studi<:1;,Pc,iml-'¼'nnse & Subscription Agreement Upda~f!f/1tfl(J19 CONFIDENTIAL Page 3 of 4
September 15, 2020, Item #11DocuSign Envelope ID: 6DC6B867-0400-4F39-816D-EF097052871F 12. NOTICES. Any notice or other communications required by this Agreement shall be in writing and sent as follows: If to Licensee to the Prime Administrator via email. If to Bluebeam via email to legal@bluebeam.com. Notices will be considered given and received the date an email is sent unless the actual date sent is not a business day (based on the recipient's time zone) then the next business day in the jurisdiction in which the recipient is located shall be considered the date of delivery. 13. No ASSIGNMENT. This Agreement may not be transferred or assigned, voluntarily, by operation of law or otherwise, without Bluebeam's express written consent which may be withheld, delayed or conditioned in the sole discretion of Bluebeam. Provided Bluebeam grants such consent, this Agreement shall be binding upon the assignee in the same manner that it is binding upon Licensee. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their respective authorized representatives. For and on behalf of Licensee: _____________________________ _ Licensee's Address:----------------------------------Signed: _________________ _ . Brad Rosen Pnnt Name: ---------------Title: _________________ _ Date Signed: ______________ _ Telephone: ________________ _ •1 brosen@poway.org Ema1: -----------------Prime Administrator Information: Licensee is required to name a Studio User as the Prime Administrator and the account to which this Studio Prime license will be established. It can be changed by Licensee at a later time. Name: ---------------------Te I e phone:-------------------Studio User ID: _________________ _ For and on behalf of Bluebeam, Inc. A Delaware corporation located at 443 S. Raymond Avenue, Pasadena, California 91105 USA Signed: _________________ _ Jim Atkinson, Chief Revenue Officer Date Signed: _______________ _ Studi~Jaimt S-fnnse & Subscription Agreement U pda~a' fht!ffJ19 CONFIDENTIAL Page 4 of 4
September 15, 2020, Item #11Bluebeam, Inc. 443 S. Raymond Ave. Pasadena, California 91105-2630 United States 1-866-496-2140 Contact: sales@bluebeam.com Bill To: City of Poway California 13325 Civic Center Dr Poway, California 92064 United States Item Studio Prime Tier 1 Subscription valid for: 26 Aug 2020 -25 Aug 2021 Revu Standard Revu Standard Maintenance Subscription valid for: 26 Aug 2020 -25 Aug 2021 Enterprise License Standard Subscription valid for: 26 Aug 2020 -25 Aug 2021 40 of 40 Description Ship To: City of Poway California 13325 Civic Center Dr Poway, California 92064 United States Annual subscription, Studio advanced administrative functionality and third party software integrations, 1-100 Users Perpetual Software for creating, editing and sharing PDF documents, Standard Edition Annual Subscription for premium support and software upgrades Annual subscription, maintenance add-on that manages seat assignments Qty 1 15 15 15 TO PURCHASE VIA CREDIT CARD Unit Price $2,340.00 $349.00 $99.00 $10.00 Please call 1-866-496-2140, option 1. Have this quote ready to reference. Quote Quote#: Q-00260 Generated: 26 Aug 2020 Expires: 25 Sep 2020 Terms: Net 30 Currency: USD Disc. Amount $0.00 $2,340.00 $0.00 $5,235.00 $0.00 $1,485.00 $0.00 $150.00 Subtotal: $9,210.00 Total Tax: $0.00 Total: $9,210.00 Tax is estimated. If you have any tax-related questions or your organization is tax exempt, please reach out to us at com11.liance@bluebeam.com. TO PURCHASE VIA CHECK Please send us a purchase order (net 30 terms only) to sales@bluebeam.com to receive an invoice. We cannot accept checks without a purchase order
September 15, 2020, Item #12DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway September 15, 2020 Honorable Mayor and Members of the City Council Aaron Beanan, Director of Finance ~ Aaron Beanan, Director of Finance 858-668-4411 or abeanan@poway.org CITY COUNCIL COVI D-19 Economic Impacts Update, Approval of Proposed Reorganization of Staffing in the Finance Department and Proposed Changes to the City of Poway Classification Plan and Salary Schedules This report will focus on the preliminary General Fund financial results for Fiscal Year 2019-20 (ended June 30, 2020), updates to the forecast for Fiscal Year 2020-21 (ending June 30, 2021 }, important upcoming dates for the forecast, a proposed reorganization in the Finance Department and proposed changes to the City of Poway Classification Plan and Salary Schedules. Recommended Action: It is recommended that the City Council note and file the report on economic impacts and adopt the resolution approving the personnel changes related to the proposed staffing reorganization and position classification plans and salary schedules. Discussion: Consistent with staff's commitment during the Fiscal Year 2020-21 (taking place from July 1, 2020 to June 30, 2021) budget process to update Council as often as applicable to the changing economic environment resulting from the COVID-19 pandemic, staff will discuss the preliminary General Fund financial results for Fiscal Year ended June 30, 2020, updates to the forecast for Fiscal Year 2020-21, and important upcoming dates for the forecast. Staff will also discuss a proposed reorganization in the Finance Department which results in savings this fiscal year and proposed changes to the City of Poway Classification Plan and Salary Schedules. Preliminary General Fund Financial Results for Fiscal Year 2019-20 While the information presented in the table below is preliminary and will change, the General Fund's early results for Fiscal Year 2019-20 are encouraging. The results will change because, for example, not all revenue and expenditure accruals have been made yet, non-operating revenues and expenditures haven't been finalized yet, etc. The results are encouraging from an operating revenue and operating expenditure standpoint and will be discussed in more detail following the table on the next page. 1 of 21
September 15, 2020, Item #12FY 2019-20 Projected FY 2019-20 Preliminary Year-End (as of April 2020) (as of August 2020) Property Tax $22,750,001 $22,362,155 Sales Tax 13,135,648 14,185,047 Franchise Fees, TOT 2,883,083 2,525,262 Other 9,195,596 9,680,108 -----------------------Tot a I Operating Revenues 47,964,328 48,752,572 Legislative and Admin. Services Finance Human Resources Community Services Development Services Public Works Fire Law Enforcement Tot a I Operating Expenditures Revenues: 1,062,431 1,818,463 1,111,268 6,083,434 4,861,669 6,083,876 13,026,391 13,504,284 -------------47,551,816 842,814 1,791,033 1,107,004 5,708,872 4,990,711 5,708,872 13,013,153 13,492,256 46,654,715 The City's largest revenue source is property tax. Property tax came in 1.7 percent less than projected. Based on preliminary analysis, this is primarily attributable to lower than anticipated Redevelopment Property Tax Trust Fund (RPTTF) disbursements. Sales tax, the City's second largest revenue source, came in almost 8 percent higher than the revised COVID-19 projections from April. The City's sales tax consultant, HDL, had revised the City's January 2020 projections for Fiscal Year 2019-20 down from just under $14.5 million to $13.1 million. Consumer buying habits helped temper the anticipated shortfall. Based on the data, consumers shifted from buying at brick-and-mortar stores to online. The City saw a benefit from this through its share of the County Pool and because of the 2018 South Dakota v. Wayfair, Inc., Overstock.com, Inc., and Newegg, Inc. court case ('Wayfair decision"). The Wayfair decision required certain businesses without a physical presence in California to collect and remit sales taxes on transactions occurring within the state. As consumers shifted buying habits on line during the start of the COVID-19 pandemic, more money flowed to the County pool from online retailers as a result of the Wayfair decision which in turn increased revenue to Poway. Second, consumers spent a lot of time stocking up on supplies at brick-and-mortar retailers such as Costco, Walmart, and Target. This spike in demand helped Poway's sales tax revenues. These sales tax results are based on the California Department of Tax and Fee Administration's (CDTFA) estimates for the second quarter (i.e. April through June) and could be adjusted later. While franchise fee revenue has not yet been fully accrued into Fiscal Year 2019-20, Transient Occupancy Tax (TOT) revenue has been. TOT was revised down from $701 thousand to $502 thousand as a result of COVID-19. This revision was based on staff's discussions with the City's hotel operators about how COVID-19 was projected to impact them. Final TOT receipts came in slightly higher at approximately $516 thousand, or just under 3 percent more. Other revenues, which includes interest, community service fees, and development service fees among others, came in about $484 thousand better than expected. Some revenues in this category were significantly impacted by the COVID-19 pandemic. For example, Community Service revenues came in approximately $867 thousand below estimates. The State and County health mandates resulted in more than a quarter's programming being canceled as a result of multiple facility closures. Another example are the city's ambulance revenues which saw a decrease of approximately $140 2 of 21
September 15, 2020, Item #12thousand through June 30. Other revenues were less impacted by the COVID-19 pandemic. Development related revenues are one example coming in almost $243 thousand above estimates. Preliminary operating revenue results for Fiscal Year 2019-20 are consistent with staff's "Moderate-V" recession forecast. A "V" shape occurs when the economy suffers a sharp, but brief, period of economic decline followed by a strong recovery. The moderate "V" assumes a sharp decline in economic activity followed by a moderately paced recovery. Staff's moderate "V" scenario projects annual revenue losses between $1.5 million and $2.5 million with an anticipated duration of two years. The mid-year budget presented to Council on March 17, 2020 projected Fiscal Year 2019-20 operating revenues to be approximately $49.5 million. Operating revenue results to date are approximately $48.7 million, or $1.2 million less. COVI D-19 Economic Aid: The City has received federal aid as a result of the COVID-19 pandemic. During Fiscal Year 2019-20 the City was awarded approximately $886 thousand in Coronavirus Aid, Relief, and Economic Security (CARES) Act funding through the County of San Diego. The award will help defray the City's costs in responding to the COVID-19 pandemic. These funds have not yet been accrued and reflected in the table above. Based on preliminary estimates, approximately 75 percent of this award amount will directly benefit the General Fund. The City also received over $54 thousand when staff applied to the Department of Health and Human Services to help defray the lost ambulance revenue discussed above. The City has also provided its local businesses with economic aid during Fiscal Year 2019-20. For example, on April 16, 2020 the City Council approved $2,000,000 from the City's Extreme Events/Public Safety reserve 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. As of August 31, 2020, staff had received 78 applications requesting over $2.8 million in loans. Based on staff's review, almost $1.4 million has been loaned under the program. Expenditures: As part of staffs retrenchment strategies, departments agreed to limit Fiscal Year 2019-20 spending. Many purchases and projects were delayed, vacant positions unfunded, and expenditures weren't realized as a result of facility closures which helped preserve General Fund cash. Liquidity is very important during a recession because it helps ensure the city can fund essential services. Preliminary results indicate departments did a good job of reducing spending which helped reduce the projected operating expenditures by almost $900 thousand. COVID-19 Expenditure Impacts: Since the start of the COVID-19 emergency in March, the City has spent resources to comply with State and County health mandates and support Poway's local economy. For example, from March through June the City spent over $21 O thousand in supplies. This includes purchases of personal protective equipment, materials for employee health screening stations, equipment to allow staff teleworking capabilities, etc. It also included the purchase of barricades and delineators to limit access to our public spaces like parks and trails. The City also spent approximately $830 thousand on staffing costs related to complying with the State and County health mandates, supporting the PEARL program, Farmers Market, and acquisition and distribution of personal protective equipment. These costs do 3 of 21
September 15, 2020, Item #12not include other safety services support costs, such as the Sheriff's support or firefighter COVID-19 response calls and do differ from the Continuation of Emergency COVID-19 staff report as that report does not include staffing costs in the total. Staff anticipates that many of these costs will be reimbursed from the CARES Act or through the Federal Emergency Management Agency (FEMA). Forecast Updates for Fiscal Year 2020-21 Revenues: The City has received several encouraging updates on operating revenues for Fiscal Year 2020-21. The City projected property tax increases of 2.5 percent based on earlier data from the County of San Diego assessor's office. However, the City received a letter in July indicating they are projecting the assessed values to increase 4.33 percent in Fiscal Year 2020-21, or approximately $192 thousand more than the estimates included in the budget. Sales tax estimates for Fiscal Year 2020-21 have also improved. This is based on the data for the first quarter of 2020 (i.e. January through March). For example, early projections by the City's sales tax consultant HDL in March and April predicted consumption decreases across the various sales tax categories. However, based on information to date, it appears people's buying habits shifted from brick-and-mortar to online (i.e. they didn't significantly decrease, just adjusted) as discussed previously in the staff report. Additionally, specific sector data such as car sales has shown positive trends. For example, based on data from a large car dealership within the County of San Diego, their auto sales had almost reached pre-COVI D-19 levels by mid-July. This information and more led HDL to increase the City's Fiscal Year 2020-21 sales tax estimates from $13.1 million to over $13.6 million, an increase of over $500 thousand. Sales tax revenue is more sensitive to changes in economic conditions, and as such, can be a good indicator of the severity and duration of a recession. Increases in projected sales tax revenues based on information to date supports a less severe economic event and is consistent with staff's "Moderate-V" recession forecast. While this is consistent with staff's recession forecast, these amounts are still significantly less than pre-COVID revenue projections. COVID-19 Economic Aid: During Fiscal year 2020-21 the City was awarded approximately $609 thousand in CARES Act funding through the State of California. This award will also help defray the City's costs in responding to the COVID-19 pandemic. Between the County of San Diego and State of California CARES Act awards, the City will receive approximately $1.495 million. The City also has an application open with FEMA to help defray other costs incurred because of the COVID-19 pandemic such as personnel and equipment costs. FEMA reimburses 75 percent of eligible expenditures. Typically, the California Disaster Assistance Act (CDAA) would pick up another 18.75 percent of the FEMA eligible expenditures. However, the CDAA has not officially indicated whether they will be for the COVID-19 pandemic. If the CDAA did participate, the City would be reimbursed up to 93.75 from FEMA/CDAA funds. The City has also provided its local businesses with economic aid during Fiscal Year 2020-21. For example, on July 7, 2020 Council approved the purchase of picnic tables to assist Poway restaurants with the expansion of outdoor dining areas to help restaurants survive the economic hardships from COVI D-19. Additionally, Council approved the Sharing Outdoor Spaces (SOS) initiative at a special meeting on July 15, 2020. This program's goal is to help groups impacted by the State's July 13, 2020 order requiring the cessation of indoor activities by opening the City's open spaces, such as parks, to churches and fitness-oriented organizations, so they can continue to operate. 4 of21
September 15, 2020, Item #12Expenditures: The Fiscal Year 2020-21 proposed operating budget and CIP staff report indicated the importance of CalPERS investment performance to the City's pension costs. As staff stated, if CalPERS Public Employees' Retirement Fund (PERF) investment returns do not achieve seven percent in a given fiscal year, the shortfall is made up via increased charges to plan members, like the City, starting two years later. In April 2020, CalPERS had modeled several return scenarios for agencies to use in projections. These were seven, zero, negative five, and negative ten percent investment returns. The Cal PERS PERF finished Fiscal Year 2019-20 with a 4.7 percent investment return. The estimated annual costs to the City, after the five-year ramp up period, will be approximately $365 thousand per year in addition to pre-COVID projected annual increases. While they did not achieve the necessary 7 percent return, they did achieve higher than anticipated returns. This helped mitigate the increase in pension costs previously forecasted. For reference, during presentations to the Budget Review Committee, staff estimated the impacts of a PERF zero investment return scenario to the City would be approximately $950 thousand per year and $1.37 million under a negative 5 percent return scenario. COVID-19 Expenditure Impacts: Since July 1, 2020 the City has continued to spend resources to comply with State and County health mandates and support Poway's local economy. For example, the City has spent over $124 thousand in supplies. This includes purchases of picnic tables for the picnic table program, personal protective equipment, materials for employee health screening stations, equipment to allow staff teleworking capabilities, etc. The City also spent approximately $11 O thousand on staffing costs complying with the State and County health mandates, supporting the picnic table program and SOS program, and acquisition and distribution of personal protective equipment. These costs do not include other safety services support costs, such as the Sheriff's support or firefighter COVID-19 response calls. Staff anticipates that many of these costs will be reimbursed from the CARES Act or through the Federal Emergency Management Agency (FEMA). Additionally, staff will propose the purchase of a civic services software package on September 15, 2020. This new civic services software package with allow the City to provide services such as the submission, management, review, and tracking of permits, plan review, code compliance, and business/regulatory licensing completely online. This software package directly supports the State and County health mandates and helps the City become more efficient while providing increased service to the Poway community. Based on communication with the County, staff believes this is a reimbursable item under the CARES Act. Complete details are provided in that staff report. Broader Trends National and State economic indicators are important to understand the broader economic trends as a result of the COVID-19 pandemic. In this report, staff will focus on the national indicators. For example, the Gross Domestic Product (GDP) for the U.S. will help indicate whether the economy is growing or slowing and if growing, what the overall pace of the United States recovery is. Based on initial estimates from the Bureau of Economic Analysis (BEA) in late July, the United States GDP shrank at an annualized rate of 32.9 percent. Based on revised estimates in late August, this was adjusted to a 31.7 percent annualized decrease. The chart on the following page reflects the most recent five quarters of information. 5 of 21
September 15, 2020, Item #1219,500.0 19,000.0 ~ 18,,500.0 C ~ ~ 18,000.0 ·= ~ 17,500.0 ~ cv Q,I o: 17,000.0 16,500.0 16,000.0 United States -Gross Domestic Product 02 03 04 Olr 2019 2019 2019 2020 5.00% 0.00% -5.00% ~ Q,I -10.00% -~ cv ::, C C -15.00% <t Q,I tl.0 -20.00% C: tU .l: u 0 0 -25.00% -30.00% -35.00% O2r 2020 This was the largest annualized GDP decline in American history. However, such a sharp and deep decline in GDP is consistent with the reasons for this recession: a global pandemic that led to a widespread shutdown intended to help slow the spread of the virus. Further, GDP is typically reported at an annual rate (i.e. annualized) as if the quarterly change were to continue for a full year. This reporting approach can be misleading during very volatile economic times like those created as a result of the COVID-19 pandemic. The quarterly decrease was 9.1 percent for reference. Further revisions to the second quarter data and the first third quarter estimates will be an important indicator for the overall path of the U.S. economy. The trends in the stock market help provide insight into the economic volatility this pandemic has created as a result of uncertainty and lack of historical precedents. As shown in the chart on the following page, in February 2020, the Dow Jones Industrial Average (DJIA) reached an all-time high of 29,551.42 prior to the COVID-19 pandemic. Subsequently, it slid to 18,591.93, a 37.1 percent decrease, in March 2020. As of the market close on August 31, it was 28,430.05, a 52.9 percent increase. These swings and the volatility over the last 6 months would suggest that the market isn't getting a clear read on the economic data being released but is generally optimistic with where the economy is heading. [Remainder of page intentionally left blank] 6 of 21
September 15, 2020, Item #1235,000 30,000 20,000 15,000 10,000 5,000 0 Dow Jones Industrial Average, Index, Daily, Not Seasonally Adjusted Peak: Feb 12, 2020; 29,551.42 Trough: Mar 23, 2020: 18,591.93 Market Close: Aug 31, 2020; 28,430.05 January-20 February-20 March-20 April-20 May-20 June-20 July-20 August-20 Labor statistics are a very strong economic indicator for the COVID-19 pandemic. Businesses across all sectors shut down to comply with the government mandated stay at home orders which led to less consumer spending and, therefore, less business income. To mitigate reduced revenues, businesses furloughed or laid off employees. It is reasonable given pre-pandemic economic activity that people will be reemployed as the economy continues to reopen. Initial unemployment claims summarized by the Federal Reserve Bank of St. Louis' Economic Data (FRED) provides insight into how this recession is different from previous ones. Initial unemployment claims are a lagging economic indicator because employers tend to lay people off as a last result during a recession. Historically, therefore, the unemployment claims peak at the end of the recession and it takes a while to come back down. However, during the COVID-19 recession, unemployment claims are a leading indicator as shown in the graphic on the following page. This data again points to businesses shutting down to comply with the government mandated stay at home orders, not structural economic issues. [Remainder of page intentionally left blank] 7 of 21
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September 15, 2020, Item #12Consumer and business statistics, such as their confidence and spending/investment patterns, will also provide insight for the trajectory of the economic recovery. Industrial production and business confidence indicators provide insight into how this portion of the economy is responding to the COVI D-19 pandemic. Consumer statistics are also analyzed to determine how consumers are responding to the COVID-19 pandemic. Early data on how people are spending is encouraging. As with the other data discussed in this report, consumers reduced spending significantly during the start of the pandemic and then started increasing their spending. This behavior is likely attributable to several factors such as people's perceptions of the severity of the economic effects of the pandemic, stocking up on supplies in anticipation of the pandemic's severity and/or duration, and the federal and state stimulus that attempted to mitigate the financial impacts of the pandemic. As the chart below shows, consumer confidence has decreased since the beginning of the year. Consumer confidence is a qualitative metric that tries to define people's perceptions of their financial situation, their sentiment about the broader economy, their employment, and ability to save. While consumer confidence has consistently decreased since early this year, it has declined at a decreasing rate. Slightly dissonant with the reduction in consumer spending growth during July, consumer confidence didn't materially decline as the virus resurged in July. The trends over the next few months will help better describe consumers expectations which are a key component to increasing consumption and the health of the economy. QI) C: 103 3 102.5 "O CIJ .... "' :::, 102 =ti' 101.5 (U (U ~~ :, o 101 .... 0 ;: .... e & 100.s <t ~ ~ ,._ u ~ 100 u (U ] ~ 99.S "O +,, ... (ti 99 "O C: cu +-' 98.5 \,I\ 0 u 98 u.l 0 United States -Consumer Confidence 2.00% 1.000/o 0.00% <11 QI) C n, .s:: u -1.Cl0% 'J!._ -2.00% -3 00% While the business and consumer data are encouraging there are some concerning trends with respect to production and spending. While both grew quickly after April, they did so at declining rates, showing their lowest growth in July after a COVID-19 resurgence. Staff has previously indicated the importance of people that have been temporarily laid off or furloughed being quickly rehired to the speed of the economic recovery. How these data points progress are important to the path of economic recovery. 9 of 21
September 15, 2020, Item #12Important Upcoming Dates for the Forecast As discussed above, economic indicators are important for understanding the broader economic trends as a result of the COVID-19 pandemic. While staff did not discuss economic indicators for California, they are monitoring them. The list below represents some of the more significant national and state economic indicators staff are watching and when the next updates occur: • GDP (Dept. of Commerce -Bureau of Economic Analysis) o September 30: U.S. GDP 2nd quarter 2020 (third estimate) o October 2: GDP by state 2nd quarter 2020 o October 29: GDP 3rd quarter 2020 (advance estimate) • Labor o Employment and unemployment (Dept. of Labor -Bureau of Labor Statistics) ■ September 18 (August data) o Initial unemployment claims • Weekly (Thursdays) • Consumer o Consumer spending (Dept. of Commerce -Bureau of Economic Analysis) ■ October 30 (September data) o Retail sales (U.S. Census Bureau) ■ September 16 Uuly data) ■ October 16 (August data) o Consumer confidence (Organization for Economic Co-operation & Development, "OECD") ■ September 8 (August data) ■ October 8 (September data) • Business o Industrial Production (Federal Reserve Board) ■ September 15 (August data) o Business Confidence (OECD) ■ September 8 (August data) ■ October 8 (September data) While national and state economic statistics are useful in understanding the overall economic trends from the COVID-19 pandemic, there are several key revenue sources for the City that will indicate how Poway is trending. The two largest revenue sources for the City, accounting for almost 64 percent of revenue, are property tax and sales tax. Property tax represented 37.9 percent of General Fund revenues at June 30, 2019 while sales tax represented 25.8 percent. Property tax is less volatile to economic events than sales tax. As such, how sales tax is impacted by the COVID-19 pandemic is a good indicator about how the City will be impacted. While only a small percentage of General Fund revenues, 1 percent at June 30, 2019, transient occupancy tax (''TOT") may provide evidence of how the health orders are impacting people's travel plans which, in turn, may shed light on how quickly economic activity will resume or how it will be altered. Staff is also monitoring the change in interest rates to find the right balance between more liquid investments such as LAIF and less liquid investments such as bonds. This is done periodically and not on specific dates. The list below represents some important upcoming dates for Poway's revenues: • Property Tax 10 of 21 o December 15 (first disbursement for Fiscal Year 2020-21; percentage of estimate distributed in anticipation of collection)
September 15, 2020, Item #12• Sales Tax o Second quarter results (April -June) • Mid-September (final results) o Third quarter results Uuly -September) • September 21 Uuly data) • October 21 (August data) • November 20 (September data) • Mid-December (final results) • TOT o October 31 Uuly -September data) In summary, the economic data still supports a moderate recession scenario. However, there are still several near-term factors that could lead to a worsening economic environment, many of which center on containing the spread of the virus. For example, the economy was partially shutdown again in July stunting consumer confidence and slowing the growth in business and consumer spending, a critical factor in the speed of recovery. Beyond that, will school openings during the school year trigger another round of shutdowns? Will employees who have been furloughed or laid off around the country be quickly rehired? Specific to California, will travel and entertainment resume quickly? Will supply chain disruptions, such as people failing to pay mortgages, lead to structural demand side economic issues? Staff will continue to monitor the economic environment, economists' projections, and Poway's revenue experiences compared to current projections to understand if the City should adapt its response to help further mitigate the economic impacts from the COVI D-19 pandemic. Staff will return to Council with updated information as appropriate. As staff is monitoring the direct effects of the COVID-19 pandemic on the City, they are also compiling data for the City's long-range forecast. This forecast will provide insights into the City's structural financial condition and is currently anticipated to be completed later this calendar year. Proposed Staffing Changes Part of staff's job as stewards of public funds is to ensure the resources entrusted to the City are used in the most efficient and cost effective way possible for the benefit of the community. While this is important during normal economic times, it becomes even more critical in challenging economic times. New city staff and department leadership has spent over a year evaluating structures in the Finance Department that would provide the most value to the organization, its residents and businesses. Staff's analysis included understanding how workload was divided, how the public interacted with the Finance Department, and what the Finance Department wants to accomplish for the organization and the public. Based on this analysis, staff has determined a realignment of services by shifting resources to Customer Services would provide the most value to the residents and businesses, as well as the organization. The details of this proposal are discussed on the following pages. [Remainder of page intentionally left blank] 11 of 21
September 15, 2020, Item #12The Finance Department currently has 20.50 Full-Time Equivalents (FTEs) across four functional areas: Finance, Budget, Customer Services and Information Technology. Current Organization Chart Finance Department (20.50 Full-Time Equivalents) L -Niiiil --1 -11Ji!'ff PU!! : ::: ::::: IN -. -~ .. liilriilt •. ,1 , __ -• • -• • [Remainder of page intentionally left blank] 12 of 21
September 15, 2020, Item #12The Finance Department is proposing a new organizational structure with 20.75 Full-Time Equivalents (FTEs) across five functional areas: Finance, Budget, Customer Services, Purchasing and Information Technology. Proposed Organization Chart Finance Department (20.75 Full-Time Equivalents) -----i -w;; II ll1MIM-M -The following information provides more detailed information on staffs analysis of the Finance Department's workload distribution, public interaction, and goals along with staffs proposal. Workload Realignment: The annual workload to staff "ratio" is currently high in Customer Services, Finance, and Information Technology (IT). Opportunities to realign services from IT to the other groups are limited or non-existent and opportunities to realign services from Customer Services to Finance are also limited. However, there are opportunities to realign services from Finance to Customer Services, though the 13 of 21
September 15, 2020, Item #12current staffing levels in Customer Services cannot support this. During staff's analysis it was also determined there was not enough work in the Budget functional area to sustain a position year-round. Lastly, it was determined there are opportunities to increase the support provided by the Senior Administrative Assistant position to the other functional areas. A balanced workload is important to how successfully the groups can support the City. Public Interaction: Customer Services is the most publicly facing group, followed closely by IT and Finance, as its interactions with staff and the public are both high. This is because several functions requiring significant interactions with the organization and public, such as utility billing and meter services, business certification, cashiering, etc., reside in Customer Services. The other groups are also outward facing. For example, IT has set up the City's virtual Council meetings and helped the public troubleshoot issues, and helped resolve customer challenges with the Customer Connect implementation, among other things. Finance, for example, helps vendors with payment issues and questions as well as providing people with historical research. To help maximize each groups ability to serve the public, it is important to ensure they have the resources to do so. Finance Goals: The Finance Department is frequently trying to find additional ways to increase efficiency, increase service delivery, and provide more value to the organization and the public. Some of this can be done through technology. For example, staff is recommending a civic services platform at the September 15 Council meeting to enable remote permit, business, and regulatory requests and processing along with a fully electronic plan review. Tied in with this project is increasing credit card limits for the public to make payments and pursuing a new cashiering system to make the cashiering more user friendly and accessible to the public. Finance is also working on another project revising the City's financial chart of accounts to significantly increase efficiency and align with best practice. Within the Finance Department, these projects will impact IT and Customer Services the most. Where the projects impact Finance, shifting workload to Customer Services can help mitigate the staff impacts, though Customer Services does not have the resources to enable this. Some future projects will also impact IT and Customer Services more than Finance. An example staff is currently exploring is automated meter infrastructure (AMI). AMI will provide real-time water data helping improve service and leak detection, among other things, to the city's water customers which will help save customers money. Given how lean the City is, successfully pursuing solutions that increase efficiency and service offerings requires an optimized staff support structure. Proposal: To effectuate the realignment and shift resources to Customer Services under this proposal, the budget responsibilities will be absorbed by the Finance Director position with increased support from the Senior Administrative Assistant and minor support from Finance. Pursuant to the City Manager's authority under Poway Municipal Code Section 2.08.070(0) and as delegated by the City Council in the City's personnel rules, the Budget Administrator position (shown in the Current Organization Chart as orange) will be abolished. Resources will be partially shifted to Customer Services through the proposed addition of a new Lead Customer Services Technician (shown in the Proposed Organization Chart as orange). The new position will lead the Customer Services Technician ll's in the Billing and Operations section. The Lead Customer Services Technician will also be taking workload from Finance applicable to Customer Services including processing property tax payments, sales tax payments, TOT payments, etc. This will better align work functions (i.e. "revenue") to Customer Services which is primarily responsible for the revenue functions of the City. Not only will this realign and reduce 14 of 21
September 15, 2020, Item #12workload in Finance helping create space to pursue projects that will better support the organization and public, it will also help increase efficiency, collaboration, and cross-training. It will also improve succession planning by creating paths for advancement amongst the groups. Lead responsibilities for utility rate setting, with continued support from the Director, will be shifted to Customer Services to better align with the revenue focus of that group. The Customer Services Supervisor position will be reclassified to a Revenue and Operations Manager (shown in the Proposed Organization Chart as yellow) to reflect the higher-level work and scope of managerial responsibilities. In order to help address the workload, public interactions, and goals of the Finance Department, the Information Technology Manager will be reclassified to an Assistant Director of Finance Operations (shown in the Proposed Organization Chart as yellow). This position will be responsible for Purchasing (which was previously managed by the Director}, Information Technology, and Customer Services. This position will also help run the Finance Department's day to day operations in the Director's absence. These changes will further support increasing efficiency, collaboration, cross-training, and improve succession planning within the department. Lastly, the part-time Senior Administrative Assistant hours will be increased by 0.25 FTE from 0.50 FTE to a total of 0.75 FTE (shown in the Proposed Organization Chart as yellow). This is the only Administrative Assistant position for the entire department and will increase much needed high-level administrative support to the Finance Director, as well as each group, so that staff may more efficiently pursue and accomplish the work of the Finance Department. Salary Grade Adjustments: In conjunction with the proposed Finance Department reorganization, staff is also proposing to bring the salary grade of the Information Technology division's Network Administrator position in line with the Administrator classifications within the City. This will ensure internal and external alignment with what the market pays network information technology administrators. All 'administrator' positions with the City of Poway classification plan are at Salary Grade 631. The Network Administrator is currently at Salary Grade 571. Additionally, after a review of the Community Outreach Coordinator position duties and how the position has grown and become instrumental since it was established in communicating with the public, the media and the organization, especially during emergencies, it is recommended the salary grade be adjusted from Grade 531 to 571. New classifications and salary grade adjustments must be authorized by the City Council through approval of the City's Salary Schedules and City of Poway Classification Plan. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: There is no direct fiscal impact associated with the COVID-19 Economic Updates as it only contains information related to the financial performance of the General Fund. Consistent with the annual budgeting process, only current costs are budgeted. The net fiscal impact of the proposed reorganization in the Finance Department and salary grade adjustment for the Network Administrator position saves the City $12 thousand and the General Fund $26 thousand for Fiscal Year 2020-21. Long term, after all positions affected by the reorganization reach top step, the 15 of 21
September 15, 2020, Item #12proposed reorganization costs the City $47 thousand but still saves the General Fund over $25 thousand. This is due to how the positions are allocated under the City's current cost allocation plan. Further, during the Fiscal Year 2020-21 budget process, the City Manager's department unfunded a lower cost position than was budgeted resulting in over $126 thousand in savings. From the savings differential between the original and lower cost position, a salary budget for the Community Outreach Coordinator's salary grade adjustment was created. Therefore, while the costs associated with the Community Outreach Coordinator's salary grade adjustment are projected to cost $1 O thousand, they were already included as part of the Fiscal Year 2020-21 budget. As such, no appropriation is required for these changes. Public Notification: None. Attachments: A. Resolution to Approve Changes to the City of Poway Salary Schedules for Management & Confidential Employees and Teamsters B. City of Poway Salary Schedule for Management & Confidential Employees C. City of Poway Salary Schedule for Teamsters D. City of Poway Classification Plan Reviewed/Approved By: W~Kaserman Assistant City Manager 16 of 21 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
September 15, 2020, Item #12RESOLUTION 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING A REORGANIZATION OF STAFFING IN THE FINANCE DEPARTMENT AND A SALARY RANGE ADJUSTMENT FOR THE COMMUNITY OUTREACH COORDINATOR, ADOPTING THE UPDATED POSITION CLASSIFICATION PLAN, APPROVING THE MANAGEMENT/CONFIDENTIAL SALARY SCHEDULE, AND APPROVING THE NON-SAFETY SALARY SCHEDULE WHEREAS, staff has conducted an organizational review of the Finance Department, with a specific focus on the goals of improving service delivery to the public, adding value to the organization, and improving succession planning through internal realignment of functions; WHEREAS, based on the review, a reorganization is needed to accomplish these goals; WHEREAS, the staffing reorganization in the Finance Department includes eliminating the Budget Administrator position, creating a Lead Customer Services Technician position, reclassifying the Information Technology Manager to Assistant Director of Finance Operations, reclassifying the Customer Services Supervisor to Revenue & Operations Manager, increasing the full-time equivalent (FTE) status of the Senior Administrative Assistant -Confidential in the Finance Department from .50 FTE to .75 FTE, and correcting a salary range for the current Network & Computer Systems Administrator position; WHEREAS, the Salary Range for the Network & Computer Systems Administrator was not adjusted when the Administrator classifications were established by the City; WHEREAS, the Network & Computer Systems Administrator position is a single position classification in the Information Technology Division of the Finance Department responsible for the City's computer network and telecommunications infrastructure; and responsibilities include performing specialized and complex work involving significant accountability and decision-making responsibility; WHEREAS, in the City Manager's Office the position of Community Outreach Coordinator was established to increase the City's outreach and communication efforts with the community in addition to supporting departments within the organization to disseminate information and promotional materials to the public and media; WHEREAS, the Community Outreach Coordinator position has developed into a critical position by creating a proactive public relations environment within the community, with media outlets and within the organization and should be compensated at a salary range that reflects the appropriate responsibility and accountability; and WHEREAS, the City Council must approve new classifications added to the City's Classification Plan, Salary Range Adjustments and changes to the Salary Schedules. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway that the following personnel changes are authorized effective September 21, 2020 and the City's Position Classification Plan and corresponding Salary Schedules are approved with the following changes reflected: 17 of 21 ATTACHMENT A
September 15, 2020, Item #12SECTION 1: Add a new position of Lead Customer Services Technician with an FTE of 1.0 at Grade 430 with a monthly salary of $4,693 -$5,705. SECTION 2: Increase the FTE of the Senior Administrative Assistant -Confidential in the Finance Department from .50 FTE to .75 FTE. SECTION 3: Reclassify the Information Technology Manager at Grade 681 with a monthly salary range of $8,778 to $10,670 to a new position on the City's Position Classification Plan of Assistant Director of Finance Operations at Grade 731 with a monthly salary range of $9,937 to $12,080. SECTION 4: Reclassify the Customer Services Supervisor at Grade 571 with a monthly salary range of $6,678 to $8,117 to a new position on the City's Position Classification Plan of Revenue and Operations Manager at Grade 681 with a monthly salary range of $8,778 to $10,670. SECTION 5: Adjust the salary range for the position of Network & Computer Systems Administrator from Grade 571 with a monthly salary range of $6,678 -$8,117 to Grade 631 with a monthly salary range of $7,744 -$9,413. SECTION 6: Adjust the salary range for the position of Community Outreach Coordinator from Grade 531 with a monthly salary of $6,050 -$7,354 to Grade 571 with a monthly salary range of $6,678 to $8,117. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of September, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, Interim City Clerk 18 of 21
September 15, 2020, Item #12City of Poway Management I Confidential Salary Schedule Effective September 21, 2020 Classification Title I Grade I Approx. Monthly I Salary Range Step 1 I Citv Manal'"er 'j'j'j 20,bU4 Grn,,n 1 Exemnt At-Will Assistant City Manager 871 13,981 -16,994 80.6623 Director of Community Services 791 11,612-14.115 66.9951 Director of Development Services 831 12,665 -15,393 73.0694 Director of Finance 831 12,665 -15,393 73.0694 Director of Human Resources & Risk Management 771 11,060 -13,443 63.8049 Director of Public Works 831 12,665 -15,393 73.0694 Fire Chief 831 12 ,:;,:;5 -15 393 73.0694 (;rrnm 2A Exemnt At-Will Assistant Director of Public Works Utilities 731 9,937 -12,080 57.3277 Assistant Director of Public Works Operations 731 9,937 -12,080 57.3277 Assistant Director of Finance Operations 731 9,937 -12,080 57.3277 City Clerk 681 8,778 -10,670 50.6411 City Engineer 751 10,436 -12,687 60.2097 City Planner 731 9,937 -12,080 57.3277 Community Services Manager 681 8,778 -10,670 50.6411 Deputy Fire Chief 751 10,436 -12,687 60.2097 Finance Manager 681 8,778 -10,670 50.6411 Fire Battalion Chief (not at-will/2912 hrs/yr) 542 8,778 -10,670 36.1722 Principal Engineer -Utilities 731 9,937 -12,080 57.3277 Public Works Operations Manager 681 8,778 -10,670 50.6411 Revenue and Onerations ManaP-er 681 8 778-10 670 50.6411 Group 2B Exemot Accountant 481 5,326 -6,475 30.7255 Associate Civil Engineer 602 7,261 -8,826 41.8893 Associate Planner 521 5,902 -7,174 34.0517 Community Outreach Coordinator 571 6,678 -8.117 38.5265 Economic Development Administrator 631 7,744-9,413 44.6789 GIS Analyst 531 6,050 -7.354 34.9030 Information Technology Analyst 531 6,050 -7,354 34.9030 Management Analyst 531 6,050 -7,354 34.9030 Network & Computer Systems Administrator 631 7,744-9,413 44.6789 Senior Accountant 561 6.515-7,919 37.5868 Senior Civil Engineer 682 8,871 -10,782 51.1773 Senior Code Compliance Officer 501 5,618 -6,829 32.4109 Senior Fire Safety Inspector 541 6,201 -7.537 35.7756 Senior Human Resources Analyst 571 6,678-8,117 38.5265 Senior Management Analyst 571 6,678-8,117 38.5265 Senior Planner 581 6,845 -8,320 39.4897 Special Proiects Engineer 571 6,678 -8,117 38.5265 Utilities Administrator 631 7,744-9.413 44.6789 Water Treatment Plant Supervisor 630 7,691 -9,349 44.3740 W:::.t<>r t Jtilities Distrib11tinn Sunervisor 640 7 884-9 c;Q3 4c;.4333 Grouo 3 Non-Exemot Assistant Engineer 531 6,050 -7,354 34.9030 Assistant Planner 491 5.481 -6,662 31.6204 Code Compliance Officer 461 5,090 -6.186 29.3627 Construction Maintenance Supervisor 501 5,618 -6,829 32.4109 Facilities Maintenance and Special Districts Supervisor 501 5,618 -6,829 32.4109 Fire Safety Inspector 461 5,090 -6, 1 86 29.3627 Fleet Maintenance Supervisor 521 5,902 -7,174 34.0517 Management Assistant 491 5.481 -6,662 31.6204 Parks Maintenance Supervisor 521 5,902 -7.174 34.0517 Recreation Supervisor 441 4,844 -5,888 27.9478 Senior Accounting Technician 460 5,054 -6, 144 29.1623 Senior Parks Maintenance Crew Leader 441 4,844 -5,888 27.9478 Utility Systems Supervisor 650 8,081 -9,822 46.6204 Wastewater Utilities Sunervisor fi20 7 <;04-q 121 4~.2917 (;roun 4 Nnn-Exemnt Accounting Technician II 333 3,721 -4.523 21.4659 Administrative Assistant Ill 330 3,692 -4.488 21.3002 Executive Assistant to the City Manager 451 4,965 -6,035 28.6465 Human Resources Technician I 412 4,498 -5,468 25.9523 Human Resources Technician II 451 4,965 -6,035 28.6465 Senior Administrative Assistant 371 4 075 -4 954 23.5115 19 of 21 ATTACHMENT B Step 2 I Step 3 I 84.6955 88.9300 70.3449 73.8622 76.7229 80.5591 76.7229 80.5591 66.9951 70.3450 76.7229 80.5591 76.7229 80.5591 60.1939 63.2037 60.1939 63.2037 60.1939 63.2037 53.1732 55.8319 63.2202 66.3812 60.1939 63.2037 53.1732 55.8319 63.2202 66.3812 53.1732 55.8319 37.9809 39.8799 60.1939 63.2037 53.1732 55.8319 53.1732 55.8319 32.2616 33.8747 43.9837 46.1827 35.7528 37.5413 40.4510 42.4745 46.9109 49.2574 36.6466 38.4798 36.6466 38.4798 36.6466 38.4798 46.9109 49.2574 39.4644 41.4385 53.7360 56.4230 34.0300 35.7324 37.5628 39.4418 40.4510 42.4745 40.4510 42.4745 41.4623 43.5364 40.4510 42.4745 46.9109 49.2574 46.5927 48.9223 47.7575 50.14S4 36.6466 38.4798 33.2000 34.8609 30.8295 32.3718 34.0300 35.7324 34.0300 35.7324 30.8295 32.3718 35.7528 37.5413 33.2000 34.8609 35.7528 37.5413 29.3440 30.8119 30.6206 32.1520 29.3440 30.8119 48.9514 51.3990 45.4563 47.7291 22.5393 23.6662 22.3643 23.4831 30.0776 31.5822 27.2488 28.6119 30.0776 31.5822 24.6860 25.9210 Step 4 I Step 5 93.3767 98.0420 77.5553 81.4331 84.5869 88.8056 84.5869 88.8056 73.8622 77.5553 84.5869 88.8056 84.586() 88,~(lc;6 66.3639 69.6909 66.3639 69.6909 66.3639 69.6909 58.6235 61.5582 69.7002 73.1918 66.3639 69.6909 58.6235 61.5582 69.7002 73.1918 58.6235 61.5582 41.8739 43.9701 66.3639 69.6909 58.6235 61.5582 58.6235 61.5582 35.5684 37.3547 48.4920 50.9165 39.4178 41.3896 44.5975 46.8285 51.7195 54.3067 40.4032 42.4243 40.4032 42.4243 40.4032 42.4243 51.7195 54.3067 43.5098 45.6863 59.2440 62.2062 37.5184 39.3952 41.4133 43.4849 44.5975 46.8285 44.5975 46.8285 45.7124 47.9992 44.5975 46.8285 51.7195 54.3067 51.3684 53.9369 S2.6S27 55.2853 40.4032 42.4243 36.6033 38.4343 33.9898 35.6900 37.5184 39.3952 37.5184 39.3952 33.9898 35.6900 39.4178 41.3896 36.6033 38.4343 39.4178 41.3896 32.3520 33.9702 33.7587 35.4464 32.3520 33.9702 53.9690 56.6674 50.1156 52.6213 24.8498 26.0919 24.6570 25.8903 33.1608 34.8195 30.0420 31.5448 33.1608 34.8195 27.2166 28.5780 Approved at the September 15, 2020 Poway City Council Meeting
September 15, 2020, Item #12Classification Title (In alphabetical order) I Accounting Technician I Administrative Assistant I Administrative Assistant II Administrative Assistant Ill Aquatics Coordinator Box Office Coordinator Construction Maintenance Crew Leader Construction Maintenance Worker I Construction Maintenance Worker II Contract Specialist/Inspector Cross-Connection Specialist Customer Services Field Worker Customer Services Technician I Customer Services Technician II Development Services Aide Engineering Inspector Engineering Technician I Engineering Technician II Equipment Mechanic Facilities Maintenance Crew Leader Facilities Maintenance Technician I Facilities Maintenance Technician II Front of House Coordinator GIS Technician I GIS Technician II Lead Customer Services Field Worker Lead Customer Services Technician Lead Engineering Inspector Park Ranger Parks Maintenance Crew Leader Parks Maintenance Worker I Parks Maintenance Worker II Records Technician Recreation Coordinator Recreation Leader I Recreation Leader II Senior Administrative Assistant Senior Equipment Mechanic Senior Park Ranger Senior Utility Systems Mechanic Senior Utility Systems Technician Stormwater Maint. & Const. Worker I Stormwater Maint. & Const. Worker II Technical Theater Coordinator Utility Systems Mechanic Utility Systems Technician Warehouse Associate Wastewater Utilities Crew Leader Wastewater Utilities Worker I Wastewater Utilities Worker II Water Meter Reader Water Treatment Plant Operator I Water Treatment Plant Operator 11 Water Treatment Plant Operator Ill Water Utilities Crew Leader Water Utilities Worker I Water Utilities Worker II 20 of 21 City of Poway Non-Safety Salary Schedule Effective September 21, 2020 Grade I Approx. I Step 1 I Salary Range 291 3,326 -4,043 19.1880 240 2,936 -3,569 16.9394 270 3,162 -3,843 18.2419 330 3,667 -4,457 21.1549 320 3,577 -4,348 20.6389 320 3,577 -4,348 20.6389 390 4,252 -5, 169 24.5332 290 3,322 -4,038 19.1653 330 3,667 -4,457 21.1549 460 5,055 -6, 144 29.1623 500 5,580 -6,782 32.1898 430 4,694 -5,705 27.0801 291 3,326 -4,043 19.1880 332 3,695 -4,492 21.3201 240 2,936 -3,569 16.9394 470 5,181 -6,298 29.8914 430 4,694 -5,705 27.0801 470 5,181 -6,298 29.8914 400 4,359 -5,298 25.1465 430 4,694 -5,705 27.0801 330 3,667 -4,457 21.1549 370 4,048 -4,920 23.3510 320 3,577 -4,348 20.6389 430 4,694 -5,705 27.0801 470 5,181 -6,298 29.8914 470 5,181 -6,298 29.8914 430 4,693 -5,705 27.0801 550 6,313 -7,673 36.4198 250 3,010 -3,658 17.3629 390 4,252 -5, 169 24.5332 290 3,322 -4,038 19.1653 330 3,667 -4,457 21.1549 350 3,852 -4,683 22.2259 320 3,577 -4,348 20.6389 170 2,470 -3,002 14.2504 210 2,727 -3,314 15.7299 370 4,048 -4,920 23.3510 452 4,980 -6,053 28.7288 290 3,322 -4,038 19.1653 560 6,471 -7,865 37.3303 580 6,798 -8,263 39.2201 290 3,322 -4,038 19.1653 330 3,667 -4,457 21.1549 320 3,577 -4,348 20.6389 520 5,862 -7, 125 33.8194 520 5,862 -7, 125 33.8194 370 4,048 -4,920 23.3510 500 5,580 -6,782 32.1898 390 4,252 -5, 169 24.5332 430 4,694 -5,705 27.0801 370 4,048 -4,920 23.3510 420 4,579 -5,566 26.4196 470 5,181 -6,298 29.8914 520 5,862 -7, 125 33.8194 520 5,862 -7, 125 33.8194 400 4,359 -5,298 25.1465 430 4,694 -5,705 27.0801 ATTACHMENT C Step 2 I 20.1477 17.7863 19.1540 22.2129 21.6711 21.6711 25.7601 20.1237 22.2129 30.6206 33.7993 28.4343 20.1477 22.3861 17.7863 31.3861 28.4343 31.3861 26.4041 28.4343 22.2129 24.5188 21.6711 28.4343 31.3861 31.3861 28.4343 38.2411 18.2310 25.7601 20.1237 22.2129 23.3374 21.6711 14.9631 16.5164 24.5188 30.1652 20.1237 39.1968 41.1811 20.1237 22.2129 21.6711 35.5106 35.5106 24.5188 33.7993 25.7601 28.4343 24.5188 27.7406 31.3861 35.5106 35.5106 26.4041 28.4343 Step 31 21.1548 18.6759 20.1119 23.3238 22.7549 22.7549 27.0484 21.1301 23.3238 32.1520 35.4892 29.8563 21.1548 23.5055 18.6759 32.9558 29.8563 32.9558 27.7246 29.8563 23.3238 25.7451 22.7549 29.8563 32.9558 32.9558 29.8563 40.1535 19.1428 27.0484 21.1301 23.3238 24.5046 22.7549 15.7113 17.3424 25.7451 31.6734 21.1301 1_1.1567 43.2402 21.1301 23.3238 22.7549 37.2864 37.2864 25.7451 35.4892 27.0484 29.8563 25.7451 29.1276 32.9558 37.2864 37.2864 27.7246 29.8563 Step 41 Step 5 22.2126 23.3231 19.6093 20.5896 21.1171 22.1727 24.4893 25.7136 23.8920 25.0864 23.8920 25.0864 28.4000 29.8199 22.1861 23.2952 24.4893 25.7136 33.7587 35.4464 37.2637 39.1269 31.3483 32.9155 22.2126 23.3231 24.6808 25.9147 19.6093 20.5896 34.6027 36.3326 31.3483 32.9155 34.6027 36.3326 29.1100 30.5654 31.3483 32.9155 24.4893 25.7136 27.0315 28.3830 23.8920 25.0864 31.3483 32.9155 34.6027 36.3326 34.6027 36.3326 31.3483 32.9155 42.1601 44.2678 20.0995 21.1043 28.4000 29.8199 22.1861 23.2952 24.4893 25.7136 25.7290 27.0153 23.8920 25.0864 16.4967 17.3213 18.2092 19.1195 27.0315 28.3830 33.2571 34.9200 22.1861 23.2952 43.2145 45.3752 45.4022 47.6723 22.1861 23.2952 24.4893 25.7136 23.8920 25.0864 39.1499 41.1070 39.1499 41.1070 27.0315 28.3830 37.2637 39.1269 28.4000 29.8199 31.3483 32.9155 27.0315 28.3830 30.5840 32.1132 34.6027 36.3326 39.1499 41.1070 39.1499 41.1070 29.1100 30.5654 31.3483 32.9155 Approved at the September 15, 2020 Poway City Council Meeting
September 15, 2020, Item #12Classification Accountant Accounting Technician I Accounting Technician II Administrative Assistant I Administrative Assistant II Administrative Assistant III Aauatics Coordinator Assistant City Manager Assistant Director of Finance Operations Assistant Director of Public Works for Maintenance Operations Assistant Director of Public Works for Utilities Assistant Engineer Assistant Planner Associate Civil Engineer Associate Planner Box Office Attendant Box Office Coordinator City Clerk City Engineer City Manager City Planner Code Compliance Officer Community Outreach Coordinator Community Services Manager Construction Maintenance Crew Leader Construction Maintenance Suoervisor Construction Maintenance Worker I Construction Maintenance Worker II Contract Specialist/Inspector Cross-Connection Soecialist Customer Services Field Worker Customer Services Technician I Customer Services Technician II DePuty Fire Chief Development Services Aide Director of Community Services Director of Development Services Director of Finance Director of Human Resources & Risk Management Director of Public Works Dock Attendant Economic Development Administrator En2:ineering Insoector 21 of 21 City of Poway Position Classification Plan Classification Engineering Technician I Engineering Technician II EauiPment Mechanic Executive Assistant to the City Manager Facilities Maintenance and SPecial Districts Facilities Maintenance Crew Leader Facilities Maintenance Technician I Facilities Maintenance Technician II Finance Manager Fire Battalion Chief Fire Captain/Paramedic Fire Chief Fire Engineer/Paramedic Fire Safety Inspector Firefighter/Paramedic Fleet Maintenance Supervisor Front of House Assistant Front of House Coordinator GIS Analyst GIS Technician I GIS Technician II Human Resources Technician I Human Resources Technician II Information Technology Analyst Intern Lead Customer Services Field Worker Lead Customer Services Technician Lead Engineering Inspector Lifeguard Management Analyst Management Assistant Network and Computer Systems Administrator Park Ranger Parks Maintenance Crew Leader Parks Maintenance Supervisor Parks Maintenance Worker I Parks Maintenance Worker II Principal Engineer -Utilities Public Works Operations Manager Records Technician Recreation Coordinator Recreation Leader I Recreation Leader II ATTACHMENT D Classification Recreation Supervisor Revenue and Operations Manager Seasonal Parks Maintenance Worker Senior Accountant Senior Accounting Technician Senior Administrative Assistant Senior Civil Engineer Senior Code Compliance Officer Senior Dock Attendant Senior Eauipment Mechanic Senior Fire Safety Inspector Senior Human Resources Analvst Senior Lifeguard Senior Management Analyst Senior Park Ranger Senior Parks Maintenance Crew Leader Senior Planner Senior Utility Systems Mechanic Senior Utility Systems Technician SPecial Proiects Engineer Stage Technician Stormwater Maintenance & Construction Worker I Stormwater Maintenance & Construction Worker II Technical Theater Coordinator Utilities Administrator Utility Systems Mechanic Utility Systems Suoervisor Utility Systems Technician Warehouse Associate Wastewater Utilities Crew Leader Wastewater Utilities Suoervisor Wastewater Utilities Worker I Wastewater Utilities Worker II Water Meter Reader Water Treatment Plant Operator I Water Treatment Plant Operator II Water Treatment Plant Operator III Water Treatment Plant Suoervisor Water Utilities Crew Leader Water Utilities Distribution Supervisor Water Utilities Worker I Water Utilities Worker II Approved at the September 15, 2020 Poway City Council Meeting
September 15, 2020, Item #13DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT September 15, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services.f>/\ Scott Nespor, Associate Planner ~ AN 858-668-4656 or snespor@poway.org City of Poway CITY COUNCIL Pre-Development Conference (PDC) 20-002, a request to construct a mixed-use development with 220 residential units in the Poway Road Specific Plan Area at the former Poway Fun Bowl and Carriage Center Fairfield Residential under FRH Realty LLC (Applicant) is proposing to redevelop the Poway Fun Bowl and Carriage Center sites at 12845 to 12941 Poway Road with a mixed-use development consisting of 220 dwelling units and approximately 9,300 square feet (sf) of commercial space and 7,700 sf of public open space. Parking and landscape improvements are also proposed at the Big 'O' Tire Center at 12947 Poway Road. The site is within the Town Center (TC) land use designation of the Poway Road Specific Plan (PRSP). The Applicant is requesting increased density and height limit allowances by providing community benefits which are allowed by the PRSP. The review of Pre-Development Conference (PDC) 20-002 is advisory only. The City Council will not render any decision. If the Applicant wishes to proceed with their already submitted 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: Background The Applicant is FRH Realty LLC and the property owner(s) are Fairfield Poway LLC, Poway Entertainment Co LLC and Gildred Family Properties LLC. The site has a TC land use designation of the PRSP. It is located on the south side of Poway Road between the Carriage Road and Civic Center Drive intersections. The Carriage Heights Condominiums, which are zoned Residential Condominium (RC), are located to the north across Poway Road from the site. The Russ Estates single-family home subdivision is located south of the project site and has a zoning designation of Residential Single 1 of 28
September 15, 2020, Item #13Family-7 (RS-7). To the west is the Carriage Arms Apartments, which is zoned Residential Apartment (RA), and a small commercial strip center that contains the Poway Sewing and Vacuum Supply store which has the TC land use designation of the PRSP. East of the development site is the Enterprise Auto Rental lot which also has the TC land use designation. A location/zoning vicinity map is included as Attachment A. The PRSP was adopted in December 2017 to encourage redevelopment of the Poway Road corridor and envisioned an "economically vibrant, family oriented, social, and cultural center for Poway, a unique destination that serves the community through thoughtful design, unique shopping and dining experiences, lively activities, and a mix of housing types." Shortly thereafter, a predevelopment conference, PDC 18-001, was requested by the Applicant and presented to the City Council on March 6, 2018 for a nine-building mixed use development with 216 residential apartments, 13,000 sf of commercial space, and a 2,000 sf public plaza. The buildings ranged from two to four stories. Speakers spoke in favor and in opposition to the project. During the meeting, the City Council requested that the developer consider the following (partial): 1. A more balanced mix of commercial and residential 2. A right turn lane in (a deceleration lane) 3. Increased open space 4. Increased community benefits 5. More parking 6. A buffer for adjacent residents 7. Enhancements to the streetscape and 8. Incorporation of more "Poway" ideals The City Council also emphasized the importance of the Applicant reaching out to the community if a future application were to be considered. The Applicant held a neighborhood meeting on December 10, 2019, to gather community feedback on the revised proposal. A tentative subdivision map and development review permit application were submitted on January 30, 2020 and two submittals have been reviewed by staff. The Applicant has been amenable to staff recommendations and this has resulted in some revisions to the plans submitted in January. These include the elimination of one housing unit, an increase in retail and open space along Poway Road, the designation of future internal street connections, a new intersection at Carriage Heights Way and Poway Road, and more amenities and programming of public spaces. Outstanding staff concerns relate to parking, community benefits, and building height. Project Summary The project site consists of three properties totaling 7.37 acres. Two of these properties include the Carriage Center and Poway Fun Bowl buildings and these will be demolished and the lots consolidated. The Big 'O' Tire building at 12947 Poway Road which is located on the third property will remain. The proposed development includes five buildings. Two residential buildings are four stories and one building is three stories. The two mixed-use buildings are proposed along Poway Road with residential above commercial. These buildings are split-faced foundations with three stories along Poway Road and four stories facing the interior of the project. A total of 220 market rate condominium units are proposed including 22 studios, 91 one-bedroom units, 93 two-bedroom units, and 14 three-bedroom units (208,807 sf of total floor area). The project will not contain any affordable housing units. The commercial component of the mixed-use development consists of 9,297 sf and will include retail and a minimum of two restaurants with ample outdoor seating. Additionally, the project will feature 7,698 sf of quasi-public space as an amenity for Poway residents to use. The parking lot at the Big 'O' Tire Center will also be redeveloped to accommodate drive aisles for the new intersection, 2 of 28
September 15, 2020, Item #13parking and landscape. The Big 'O' Tire Center is currently overparked and with the redevelopment, 16 spaces may be utilized by the project. The proposal includes a subdivision map which will allow the commercial and residential units to be sold as condominiums, but the Applicant states the intention is to hold the properties as rentals. Private amenities for the development's residents include a dog park (which will also be open to Poway residents), a pool, playground, outdoor living room areas, and outdoor dining areas with grills. A new intersection is proposed at Carriage Heights Way and Poway Road in order to allow for a mid-block crosswalk on Poway Road, improve accessibility, and to improve level of service for vehicle trips. This will allow the residents of the Carriage Heights Condominiums to turn eastbound on Poway Road and cross the street to new retail and open space amenities. Poway Road streetscape improvements include new sidewalks, street trees, a bus stop shelter, and new median landscaping. A project justification letter is included as Attachment B. The proposed site plan is included as Attachment C. Architectural renderings of the site and streetscape are included as Attachment D. The five buildings included within the proposed development includes Spanish mission architecture with red tile mansard roofs that screen roof-mounted equipment. There are arched windows and green awnings that will accent the commercial storefronts and provide an interesting pedestrian streetscape. The residential buildings have arched openings, decorative trim and accent colors to provide visual interest and break up the mass and bulk of the buildings. The architecture utilizes earth tone colors and materials that provide compatibility in materials and colors with buildings in the surrounding area. A color and materials board is included as Attachment E. Community Benefits The height limit in the TC designation is 35 feet. The residential density by right in the TC zone is 24 dwelling units per acre. The PRSP provides two tiers of incentives that allow additional height and density. To utilize the maximum incentives, the development must include a lot consolidation and provide three community benefits selected from a menu of community benefits listed in the PRSP. These incentives are subject to City Council approval and the Applicant may propose other community benefits for review and consideration by the City Council. Since the site is located on a down-slope from Poway Road (below Poway Road grade level), the PRSP allows for a density of 35 dwelling units per acre along with buildings up to four-stories with a building height up to 45 feet high with the inclusion of three community benefits. The Applicant is requesting the maximum building height incentive with up to four-stories and up to 45 feet high and a density bonus up to 33.33 dwelling units per acre. The Applicant is proposing the following lot consolidation and community benefits to justify the proposed incentives: 3 of 28 Lot Consolidation The Applicant will be consolidating the Carriage Center and Poway Fun Bowl site. Through this consolidation, six driveway entrances on Poway Road will be reduced to two entrances. The reduction of driveways will improve traffic flow on Poway Road and will also improve pedestrian and bicyclist safety along this section of Poway Road. Restaurant Row The mixed-use development will permanently reserve two spaces for restaurants with a combined seating total of 80 seats. By providing the restaurant row, the development will contribute to the PRSP efforts to promote economic vitality by creating additional restaurant and retail space. Quasi-Public Space The Applicant's proposal exceeds the minimum requirement of 2,000 sf of contiguous quasi-
September 15, 2020, Item #13public space by incorporating a 5,782 square-foot plaza that will front Poway Road. Two additional plazas will bring the total of quasi-public space to 7,698 sf. These areas will be open to the public and allow people to gather, sit, and enjoy the public space while contributing to the City's efforts to create a more attractive pedestrian environment along Poway Road. The maintenance responsibility for the quasi-public space will be the responsibility of the applicant. New Signalized Intersection In-Lieu of a Contribution to a Community Benefits Fund The PRSP lists a contribution to the Community Benefits Fund as an allowed community benefit. The Community Benefits Fund can be established to fund significant streetscape and mobility improvements such as lane restriping, median and sidewalk enhancements, additional traffic signal and pedestrian crossings on Poway Road, undergrounding utilities, and parklets among other improvements. The Applicant is proposing to add an additional traffic signal at its eastern driveway entrance that will align with Carriage Heights Way on the north side of Poway Road. The new intersection will provide a new pedestrian crosswalk within an existing 2, 100-foot long stretch of Poway Road. Additionally, other Poway Road streetscape improvements include new sidewalks, street trees, a bus stop shelter, and new median landscaping. The traffic study submitted analyzed the project with the new traffic signal and concluded that no further traffic mitigation is necessary. If the project was proposed without a traffic signal, an alternate traffic impact study would be necessary. Alternate project features to reduce traffic impacts or a fair share contribution to a new traffic signal may have been required. Staff supports the types of community benefits proposed. There are some outstanding concerns with building height and parking described in the next sections of the report, that will need to be resolved. Building Height Citywide, the Poway Municipal Code (PMC) measures the height of the building from an average grade to the top of a gable roof or to the top of a flat roof deck. With the incentives in the PRSP for a TC-designation site that is down-slope from Poway Road, the height limit is four stories and 45 feet, as proposed. Rooftop mechanical equipment is not included when considering building height and all equipment is required to be screened. In order to add architectural interest to the buildings and provide screening walls that provide additional building articulation, the Applicant is proposing mansard roofs that will be used to screen the rooftop equipment. The overall height of the two, four-story buildings and their mansard screening roofs will be 49.80 feet tall maximum. These buildings are in the interior of the site with increased setbacks away from Poway Road and adjacent residences. The orientation of the buildings also limits the imposing appearance of the buildings from adjacent residents because the "U" orientation of the buildings opens towards the adjacent residents. The elevations are included in Attachment F. Elevations of the three-story residential building are included in Attachment G. Along Poway Road, the buildings are allowed to extend up to 38 feet tall (to the roof deck). With their mansard screening roofs, the two buildings fronting Poway Road will be limited to 41.66 feet above Poway Road since rooftop mechanical equipment screening does not count towards maximum height. The Applicant is also proposing two towers that will project to 54 feet high and will be located on the corners of both buildings along Poway Road. The PRSP does allow corner buildings at intersections to have non-habitable architectural enhancements that project above the allowed height limit. With the addition of the street intersection, the project site is considered a corner lot. The tower projections will flank each side of the second entrance to the site. These architectural projections are 4 of 28
September 15, 2020, Item #13permissible with City Council approval. There are spires at the midpoint of these two buildings that do not meet the criteria of the tower projections, and therefore exceed the height limit. While these spires create architectural interest, they will be required to be removed in order to be in compliance with building height requirements. The architectural elevations for these buildings are attached as Attachment H. Density As mentioned previously, the allowed residential density with three incentives within the TC designation is 35 dwelling units per acre. For this 6.6-acre site, the maximum number of dwelling units allowed is 231 dwelling units and 220 dwelling units are proposed. Parking With commercial parking spaces shared with required guest parking spaces for residential components of mixed-use developments in the PRSP, the parking requirement for this proposal is 386 parking spaces. There are 367 spaces proposed on-site, however, when future internal street connections are implemented, 361 spaces will be provided. The adjoining Big 'O' Tire Center parking lot is included in this proposal and will be reconfigured to provide 16 parking spaces in addition to the parking spaces required for the Big 'O' Tire Center. With these 16 parking spaces available to the project a total of 377 parking spaces are proposed. This results in a shortage of nine parking spaces. The Applicant provided a parking demand analysis which concludes that the peak hours for the residential component of the project is during night-time hours while peak hours for the commercial portion of the development will be during the midday. Peak hour dinner trips are prior to 8 p.m. before peak hour residential trips when residents will be home at 8 p.m. and later. Since the peak hours for parking demand are offset, the required parking may be sufficient for the site provided parking restrictions are in place to allow for shared commercial and guest spaces. This parking reduction is permitted in the PRSP but requires City Council approval. A revised parking demand analysis is forthcoming. Next Steps The review of the Pre-Development Conference (PDC) 20-002 is advisory only. The applicant is seeking feedback on their latest submitted plans. The City Council will not render any decision. If the Applicant wishes to proceed with their 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 I. A neighborhood meeting, or notification of surrounding properties, was not conducted for this item, but would be required if the Applicant pursues the project. The development applications and the final plans will be considered by the City Council at a future noticed public hearing after staff has found the project to be complete. 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: None. 5 of 28
September 15, 2020, Item #13Public Notification: None. Attachments: A. Land Use and Location Map B. Project justification letter C. Site Plan D. Architectural Renderings -Site and Streetscape E. Color and materials board F. Buildings 4 and 5 Elevation G. Building 3 Elevation H. Buildings 1 and 2 Elevation I. Agreement of Understanding Reviewed/ Approved By: --( wend aserman Assistant City Manager 6 of 28 Reviewed By: Alan Fenstermacher City Attorney
September 15, 2020, Item #130 120 240 --480 Feet ---7 of 28 CITY OF POWAY Zoning I Location Map Project: PDC20-002 ATTACHMENT A OS-R
September 15, 2020, Item #13Letter of Explanation and Justification Fairfield Poway Road Mixed-Use Development 12485 and 12491 Poway Road September 1, 2020 The Poway Road Corridor Specific Plan (Specific Plan) provides guidelines, development standards and a long-term strategy for revitalizing the public and private areas within the Poway Road corridor. Additionally, the Specific Plan seeks to incentivize high-quality redevelopment projects on key infill sites, which are identified as Catalytic Sites within the Specific Plan. Catalytic Sites are provided the opportunity to increase density and height with the provision of Community Benefits. The Fairfield Poway Road Mixed-Use Development (the Project) is located on a property identified as a Catalytic Site, and lies within the Town Center District designation. With these factors in mind, the project was designed to provide Community Benefits and complies with the allowable density and height while adhering to the guidelines governing the site. In addition to the City of Poway Development Review Application, we are also declaring our filing of this project under the Housing Crisis Act (Senate Bill 330). In accordance with Senate Bill 330, the following additional project information is required: 1) The project does not include any point sources of air or water pollution. 2) There are no species of local concern known to occur on the property. 3) Is any portion of the property located within any of the following? a. The project is not within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Sec. 51178. b. The project is not a wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). c. The project is not listed as a hazardous waste site pursuant to Government Code Sec. 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code. d. The project is not within a special flood hazard area subject to inundation by the 1 percent annual chance flood (I 00-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. e. The project is not within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist. As applicable the project will comply with seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 ( commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2. 4) No historic or cultural resources exist on the property. A historical building survey was conducted and concluded no historical resources exist on-site. 5) The project requires approval of a tentative map under the Subdivision Map Act. The Tentative Map is included with this submittal. 8 of 28 ATTACHMENT 8
September 15, 2020, Item #13Fairfield Poway Mixed Use Letter of Explanation/} ustification 6) The project is not located within a Coastal Zone. 7) The project will not impact a stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 ( commencing with Section 1600) of Division 2 of the Fish and Game Code. 8) The project is subject to recorded public easements (ie., utility and road way easements). These easements are shown on the project plans. The information provided above in conjunction with information provided as part of the City of Poway Development Review Application constitutes a complete submittal under Senate Bill 330. Project Description The project site is located along Poway Road in the heart of downtown Poway. The overall project includes two contiguous parcels addressed 12845 Poway Road (Carriage Center West) and 12941 Poway Road (Poway Fun Bowl) and totals approximately 6.62 net acres (the property extends into Poway Road thereby creating a gross property area of approximately 7 .65 acres). Based on the maximum allowable density within the Town Center District, the site could yield a total of 231 units. The Fairfield Poway Mixed-Use development proposal currently includes 220 market rate rental apartments and 9,297 square feet of retail. The parcels will be combined via a lot merger with an underlying condominium map ( condo map allows potential future sale of individual units). The residential buildings consist of 1-, 3-and 4-story buildings with the larger 4-story buildings restricted to the center portion of the site below the Poway Road street elevation. The retail, which fronts directly onto Poway Road, will encompass the vast majority of the ground floor area of the 2 mixed use buildings along Poway Road. A small portion of the retail space is dedicated to the project leasing office, which is the commercial operations of the rental community. Providing leasing office space along the Poway Road frontage will provide instant activity upon first delivery of apartments as well as regular foot traffic during future operations, which will be attractive to future retail tenants. The balance of the retail space is designed to accommodate both restaurants and local service retail options. The residential component of the project consists of 22 studios, 91 I-bedroom, 93 2-bedroom and 14 3-bedroom apartment homes, which provides a diverse array of housing options to support a wide range of people seeking to live in Poway. As part of the residential component, the project includes a number of resident amenities. More specifically the project includes a fitness center, clubhouse, bocce court, lawn game areas, tot lot, pool, spa and landscaped walking paths. Additionally, the project also includes a dog park at the northwest corner of the property. On-site parking will be provided within enclosed private garages, open residential parking spaces, and shared residential and retail parking spaces. A total of 3 84 parking spaces are proposed. In the future, when the internal street is connected to adjacent uses, approximately 6 spaces will be removed, leaving a total of 378 Project parking spaces. The current City parking requirements, before any adjustments allowed by code is 3 86 spaces. As provided for within the Specific Plan, the project is permitted to achieve up to a 20% reduction in the required parking by instituting Transportation Demand Management (TDM) measures and the guest parking for the residential can be used for the commercial requirements (309 spaces required with the 20% reduction and 2 9 of 28
September 15, 2020, Item #13Fairfield Poway Mixed Use Letter of Explanation/Justification shared parking). The project includes multiple TDM measures including unbundled parking, in-unit bicycle parking, transit stop enhancements, pedestrian connections from Poway Road, Shared access roads, on-site amenities, and EV parking and charging stations. A parking analysis was prepared to analyze the anticipated peak parking demand for the Project. When factoring in only 15% of the allowable 20% TDM reduction, the project anticipated peak parking demand during operation is 360 parking spaces, resulting in a surplus of 24 peak demand parking spaces. Please refer to the project Parking Demand Analysis for more detailed information. Based on the future potential parking of 378 spaces (when the public road is connected through the site), the actual parking reduction requested by this Project is 2%. It should be noted that Fairfield owns the adjacent Big O property and, while not part of the full redevelopment, some improvements on the property will be required to successfully integrate the new development with the active Big O operation. That work includes replacement of the Big 0 sewer lateral, installation of a stormwater catch basin, new signage, parking lot restriping and drive aisle construction. The redevelopment project will utilize 15 of the newly created parking spaces on the Big O property as part of the overall project count, which is allowed via existing easement rights. Big O will continue to have the exclusive code required 16 parking spaces. Community Benefits: In order to support the proposed unit count and building height within the Town Center designation, the Specific Plan requires the Project to provide Community Benefits. As proposed, the project will provide at least 3 community benefits as well as consolidate the two parcels. Currently, the overall Project Community Benefits include lot consolidation, internal pedestrian passageways, an internal street for future connection and public access, public open space along Poway Road, infrastructure to facilitate a restaurant row, and a fully signalized intersection at the projects eastern entrance. Each community benefit is further explained below. Lot Consolidation: Fairfield is proposing to combine 2 separate parcels, which are currently under 2 separate ownerships. By combining these parcels, the project will contribute to a more cohesive Poway Road as envisioned by the Specific Plan. Public Open Space Along Poway Road The project design includes 3 plazas directly fronting Poway Road that are intended to be used by both the new residents and the public. Each plaza's design includes seating, landscaping and hardscape intended to enrich the Poway Road frontage. Additionally, Plaza 4 (far eastern plaza) includes an area designated for future public art. Fairfield will work with the City on the final design. Restaurant Row The project infrastructure (ie., sewer/water, grease interceptor, etc) is being upsized or added with the intent of attracting multiple restaurants. Additionally, the public plaza and seating areas have been designed with the intention of creating a neighborhood restaurant row. The outdoor dining opportunities will be very attractive to restaurants as we move forward from the current COVID-19 environment. 3 10 of 28
September 15, 2020, Item #13Fairfield Poway Mixed Use Letter of Explanation/Justification Right-of-Way Enhancements The project design includes various enhancements to the public right-of-way within Poway Road. As envisioned by the Specific Plan, the project includes installation of a new 6' wide sidewalk along the project frontage, upgraded landscaping along the frontage, pedestrian street lighting, new MTS bus stop shelter, replacement of the median hardscape and landscape as well as installation of a Poway Road corridor on-grade monument entry signage within the median along the western portion of the site with final lettering and location to be coordinated with the City. Additionally, the right-of-way improvements include a new signalized intersection at the eastern project entrance to help increase the flow of traffic within Poway Road as well as provide for safe pedestrian crossing across Poway Road where there currently is none. The signal is aligned with Carriage Heights Way to provide east bound vehicles an opportunity to make left hand turns onto Carriage Heights Way, which is currently not an option. Additionally, the signal allows the consolidation and sharing of access with Big 0, further reducing the overall number of curb cuts along the Project frontage. Additional Design Elements: In addition to the Community Benefits described above, the project satisfies a number of Specific Plan Action Items including activation of the Town Center District through redevelopment of old, dilapidated structures, activation of the pedestrian zone with usable setback areas with landscaping, reducing the number of curb cuts off Poway Road from 5 to 2, inclusion of enhanced paving along the site's Poway Road frontage, creation of plazas and open space along Poway Road and replacement of landscaping on Poway Road in front of the project. The project was designed with a multitude of pedestrian access points along Poway Road with the intention of attracting pedestrians into the site. The passageways spanning the project are not gated and are designed to facilitate future public connections to other redevelopments and public amenities in the area thus creating a more connected Poway. The internal drive aisles are not gated with the intent of allowing potential future connections into the project at the eastern and western boundaries. As called for in the Specific Plan, these roadway connections into the project will provide increased vehicular circulation to other nearby redevelopment projects and public amenities as well as help reduce vehicular traffic along Poway Road. Neighborhood Integration: Fairfield conducted an open house in December 2019 to solicit feedback from the adjacent neighborhood and introduce the project concept prior to submittal. The primary issues raised by our neighbors were concerns about periodic drainage onto their properties from our site and view corridors from their rear yards. To help mitigate view concerns the Project includes a tiered retailing wall system along our southern property line, which includes a 6-foot retaining wall on our property line, a 5-foot setback and a second 8 foot retaining/screen wall. The 5-foot area separating the 2 walls will be landscaped and maintained by Fairfield. The new wall system will provide a 2-foot increase over the current 4 11 of 28
September 15, 2020, Item #13Fairfield Poway Mixed Use Letter of Explanation/Justification 6-foot chain link fence, as well as 36" box trees to create a larger canopy than what would otherwise exist under standard tree spacing requirements. Additionally, apartment homes on the upper floors facing the southern property line have been oriented to minimize large southern facing windows. Based on the City provided drainage plans (#801-05-971), the existing onsite stormwater system outlets into a public stormdrain pipe located just south of our property line and within the neighboring single-family property owner's backyards. Per our neighbors, this drainage condition continues to result in off site storm water flooding their property. As part of the project, the on-site storm drain facilities will be upgraded to reduce or eliminate offsite stormwater flows from entering the neighboring properties. While the project intends to utilize the existing outlets at the southwestern and southeastern corners of the property, the majority of the in-place storrndrain pipe will no longer be in use. As such, we will request that the City quitclaim the easements associated with the stormdrain pipe on our neighbor's property once the on-site facilities are complete. By removing these easements, it will reduce maintenance obligations for the City and allow our neighbors to recapture a significant portion of their property. Conclusion: We believe the project is designed in compliance with the Specific Plan and good planning principles. The addition of new residences and retail along Poway Road will benefit the surrounding area and assist the City in their efforts to enhance the Poway Road corridor. We look forward to implementing the plan and believe the project will be an asset to the community. Sincerely. ~ Fairfield Residential 5 12 of 28
September 15, 2020, Item #13
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QUASI· PUBLIC OPEN
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COMMON RESIDENTIAL
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FAIRFIELD POWAY MIXED USE
FRH REALTY LLC
5510 MOREHOUSE DRIVE, SUITE 200, SAN DIEGO, CA 92121
(858) 626-8334
POWAY, CA
SIGNALIZED INTERSECTION
OPEN SPACE REQUIRED PRIVATE OPEN SPACE 1:::oAQ 1141"~:"~ TOT~TS, TOT~2~:0I UNITTYl'E QTY.
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BALCONY TOTAL INDOOR RESIDENTIAL AMEIITIY
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@ Meld Grit Panell
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@ Slaefronl System Blc..-..:,:-
Qg Mele~ Pot,hef Or 5inla k) mok.h Poir;I Spa..: E
... ......
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@ Decaotive Metal Rai.-.g/
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MATERIAL BOARD A4.0
DATE: 08-28-20
JOB NO.: 2017-719
AO ARCHITECTS
144 NORTH ORANGE ST., ORANGE, CA 92866
(714) 639-9860
AO
Arc:hit.cture. Daslgn,
~
September 15, 2020, Item #13
..a.
0)
0 -h
·N
0)
TOPOF ~
PLATE~
FINISH 0,.
FLOOR
FINISH
FLOOR -· --
FINISH
FLOOR
20'-0" I; 11
FAIRFIELD POWAY MIXED USE
FRH REALTY LLC
5510 MOREHOUSE DRIVE, SUITE 200, SAN DIEGO, CA 92121
(858) 626-8334
FRONT ELEVATION 1
RIGHT ELEVATION 2
POWAY, CA
TOP OF
. PLATE
c,-FINISH > ____ _,..'!': .... _FLOOR
#)-~--~ _ FINISH ------1''1':"1,1 FLOOR
b 6), .. FINISH ___ __,.'!':""" "FLOOR
b
FINISH
II]
III
II]
[±]
I]]
I]]
[I]
I]]
~
[j]
[TI)
~ ~
~
~
/, 20'-0" .}
MATERIALS LEGEND
STUCCO
DECORATIVE TRIM
DECORATIVE CORBEL
DECORATIVE GABLE VENT
VINYL WINDOW
BAY WINDOW
ALUMINUM SECTIONAL GARAGE DOOR
CONCRETE "S" TILE ROOFING
METAL RAILING
UTILITY DOOR
WOOD FASCIA
DECORATIVE BRICK
FABRIC AWNING
ALUMINUM STOREFRONT SYSTEM
WIRE MESH PANELS
BUILDING #4 -BUILDING TYPE C ELEVATIONS A2.11
r•10'-o~o~t"!'liiis~· ~1o·iiiiiiiiiiii.:i~~ DATE: 08-28-20
JOB NO.: 2017-719
AO ARCHITECTS
144 NORTH ORANGE ST., ORANGE, CA 92866
(714) 639-9860
AO Arc:hlt9ctu,.. Design. Ralatlonlhlpa.
September 15, 2020, Item #13
~~~~ i --------,
c:,
FINISH ~
FLOOR ~· -------
b
FINISH~ FLOOR T -·----
FINISH
FLOOR
c:,
FAIRFIELD POWAY MIXED USE
FRH REALTY LLC
5510 MOREHOUSE DRIVE, SUITE 200, SAN DIEGO, CA 92121
(858) 626-8334
REAR ELEVATION 3
LEFT ELEVATION 4
POWAY, CA
MATERIALS LEGEND
OJ STUCCO
[I] DECORATIVE TRIM
rn DECORATIVE CORBEL
0 DECORATIVE GABLE VENT
@] VINYL WINDOW
[I] BAY WINDOW
0 ALUMINUM SECTIONAL GARAGE DOOR
w CONCRETE "S" TILE ROOFING w METAL RAILING
[ill UTILITY DOOR
[DJ WOOD FASCIA
~ DECORATIVE BRICK
II] FABRIC AWNING
~ ALUMINUM STOREFRONT SYSTEM
~ WIRE MESH PANELS
BUILDING #4 -BUILDING TYPE C ELEVATIONS A2.12
0 5' 10'
1"•10'-0"~I""'!~~-~~~ DATE: 08-28-20
JOB NO.: 2017-719
AO ARCHITECTS
144 NORTH ORANGE ST., ORANGE, CA 92866
(714) 639-9860
AO
An:hltilc:tul9. ~
September 15, 2020, Item #13
N 0
0 .....
N
00
TOPOF __.-,._ __
PLATE T
FINISH ~
FLOOR ~
FINISH -~,~ __ _ FLOOR~
b
FINISH ~--· _ FLOOR T
FINISH
FLOOR
c:,
20'-0"
FAIRFIELD POWAY MIXED USE
FRH REALTY LLC
5510 MOREHOUSE DRIVE, SUITE 200, SAN DIEGO, CA 92121
(858) 626-8334
FRONT ELEVATION
RIGHT ELEVATION 2
POWAY, CA
TOP OF
PLATE
FF=~2.50 AVG=491.6FG
/ 20'-0" /
[iJ
(I]
QJ m
[[]
@]
[I)
[fil
Ii]
!ill [TI]
~
fj]
!Bl
I!]
1
MATERIALS LEGEND
STUCCO
DECORATIVE TRIM
DECORATIVE CORBEL
DECORATIVE GABLE VENT
VINYL WINDOW
BAY WINDOW
ALUMINUM SECTIONAL GARAGE DOOR
CONCRETE "S" TILE ROOFING
METAL RAILING
UTILITY DOOR
WOOD FASCIA
DECORATIVE BRICK
FABRIC AWNING
ALUMINUM STOREFRONT SYSTEM
WIRE MESH PANELS
--¥--
~ b
----~
b
---~-
FINISH
FLOOR
FINISH
FLOOR 2 (> Pl
v
.
.
.
()
FINISH
FLOOR
FINISH
FLOOR
6
3
1 __ 10'-0" o~l'-l!iiiils·~10~· iiiiiiiiiiii!i20~· ~~30•
BUILDING #5 -BUILDING TYPED ELEVATIONS
DATE: 08-28-20
JOB NO.: 2017-719
AO ARCHITECTS
144 NORTH ORANGE ST., ORANGE, CA 92866
(714) 639-9860
A2.15
AO Archltllctu,.. Design. Ralatlorwhipl.
September 15, 2020, Item #13
TOPOF ~
PLATE ~
~~~~ ~ -------
b
FINISH ~
FLOOR ~ -----
b 8 8 8
FINISH~ FLOOR ------~y) --------------n -· --ff ---
0
FINISH
FLOOR
FINISH
FLOOR -
FINISH
FLOOR
FINISH
FLOOR
10
FAIRFIELD POWAY MIXED USE
FRH REALTY LLC
5510 MOREHOUSE DRIVE, SUITE 200, SAN DIEGO, CA 92121
(858) 626-8334
REAR ELEVATION 3
1 13
LEFT ELEVATION 4
POWAY, CA
MATERIALS LEGEND
III STUCCO
II] DECORATIVE TRIM
0 DECORATIVE CORBEL
[I] DECORATIVE GABLE VENT
@] VINYL WINDOW
[I] BAY WINDOW
[I] ALUMINUM SECTIONAL GARAGE DOOR
[I] CONCRETE "S" TILE ROOFING
~ METAL RAILING
~ UTILITY DOOR
[j] WOOD FASCIA
~ DECORATIVE BRICK
[j] FABRIC AWNING
~ ALUMINUM STOREFRONT SYSTEM
!ill WIRE MESH PANELS
1
Plv
'
. .
-.
'
0 5' 10' 1~-10·-o~ P"""'j
BUILDING #5 -BUILDING TYPED ELEVATIONS
DATE: 08-28-20
JOB NO.: 2017-719
AO ARCHITECTS
144 NORTH ORANGE ST., ORANGE, CA 92866
(714) 639-9860
6
3
A2.16
AO Arc:hl1ac:tu,..
Design.
Ralatlonlhlpt.
September 15, 2020, Item #13
....., .....,
0 -ti .....,
00
ROOF
DECK
FINISH ~ ~ &) 9 f
FLOOR '-fl':.. i §-,-i --'4 t
I~~~~ ~ ~~= ~--·· t': 1--· i
FINISH
FLOOR
AI/G:,4t5FG
ri 20'-0"
ffz:"92.50 I
i A
TOP OF PLATE
FINISH
FLOOR
FINISH
FLOOR
FINISH
FLOOR
FAIRFIELD POWAY MIXED USE
FRH REALTY LLC
5510 MOREHOUSE DRIVE, SUITE 200, SAN DIEGO, CA 92121
(858) 626-8334
~-=-:_-=-=-~--
~ ·-----
b
POWAY, CA
FRONT ELEVATION
RIGHT ELEVATION 2
L, "
MATERIALS LEGEND
OJ STUCCO
[I) DECORATIVE TRIM
0 DECORATIVE CORBEL
[I) DECORATIVE GABLE VENT m VINYL WINDOW
@] BAY WINDOW
0 ALUMINUM SECTIONAL GARAGE DOOR
(fil CONCRETE "S" TILE ROOFING
E [fil METAL RAILING
I@] UTILITY DOOR
[DJ WOOD FASCIA
[j] DECORATIVE BRICK
fl] FABRIC AWNING
1B] ALUMINUM STOREFRONT SYSTEM
[j]J WIRE MESH PANELS
20'-0" ~
1_,.,10'-0" b~il5•~1a~· iiiiiiiiiiiiiiii:120~· ~~30-•
BUILDING #3 -BUILDING TYPE B ELEVATIONS
DATE: 08-26-20
JOB NO.: 2017-719
AO ARCHITECTS
144 NORTH ORANGE ST., ORANGE, CA 92866
(714) 639-9860
A2.7
AO Archltac:tunt. Design. R9latlorwhlpa.
September 15, 2020, Item #13
N w
0 -ti
N
CX)
TOP OF
PLATE
FINISH
FLOOR
FINISH
FLOOR
FINISH
FLOOR
TOPOF _ _..,._
PLATE ~-
FINISH
FLOOR
FINISH
FLOOR
FINISH
FLOOR
FAIRFIELD POWAY MIXED USE
FRH REALTY LLC
5510 MOREHOUSE DRIVE, SUITE 200, SAN DIEGO, CA 92121
(858) 626-8334
REAR ELEVATION 3
LEFT ELEVATION 4
POWAY, CA
[D
[I]
~
[I]
~
[I]
[I]
[Kl
~
[@]
[DJ
[j]
I!]
B]
[j]
MATERIALS LEGEND
STUCCO
DECORATIVE TRIM
DECORATIVE CORBEL
DECORATIVE GABLE VENT
VINYL WINDOW
BAY WINDOW
ALUMINUM SECTIONAL GARAGE DOOR
CONCRETE "S" TILE ROOFING
METAL RAILING
UTILITY DOOR
WOOD FASCIA
DECORATIVE BRICK
FABRIC AWNING
ALUMINUM STOREFRONT SYSTEM
WIRE MESH PANELS
3
9 41) m;<)2
25.
1
1_=10,_0_0~)'-l§iils·~1!iiio· iiiiiiiii,;.;;;:20~· ~~30•
BUILDING #3 -BUILDING TYPE B ELEVATIONS
DATE: 08-26-20
JOB NO.: 2017-719
AO ARCHITECTS
144 NORTH ORANGE ST., ORANGE, CA 92866
(714) 639-9860
A2.8
AO
AR:hltM:tu19. Design. ~
September 15, 2020, Item #13
N .i:.
0 ....
N 00
)>
~ ~ )>
(") :c
3: m z ~
:c
TOP OF PLATE ~---
FINISH FLOOR ~---
FINISH FLOOR ♦ ---
FINISH FLOOR
FAIRFIELD POWAY MIXED USE
FRH REALTY LLC
5510 MOREHOUSE DRIVE, SUITE 200, SAN DIEGO, CA 92121
(858) 626-8334
FRONT ELEVATION 1
E
----------
RIGHT ELEVATION 2
POWAY, CA
E
[D
[I)
~
[}]
@]
11]
[I]
[fil
@]
I@]
[ill
[j]
[j]
~
IIBI
MATERIALS LEGEND
STUCCO
DECORATIVE TRIM
DECORATIVE CORBEL
DECORATIVE GABLE VENT
VINYL WINDOW
BAY WINDOW
ALUMINUM SECTIONAL GARAGE DOOR
CONCRETE "S" TILE ROOFING
METAL RAILING
UTILITY DOOR
WOOD FASCIA
DECORATIVE BRICK
FABRIC AWNING
ALUMINUM STOREFRONT SYSTEM
WIRE MESH PANELS
1
9
2(>~~· _,zs:
3
~1111J11~
1 __ 10'-0" h~~s· ~10.· --2~0·~~30-•
BUILDING #1 -BUILDING TYPE A ELEVATIONS
DATE: 08-28-20
JOB NO.: 2017-719
AO ARCHITECTS
144 NORTH ORANGE ST., ORANGE, CA 92866
(714) 639-9860
A2.1
AO Archn.ctu,-.
Design.
RNtlonlhlp&.
September 15, 2020, Item #13
....,
0,
0 ..... ....,
00
FAIRFIELD POWAY MIXED USE
FRH REALTY LLC
5510 MOREHOUSE DRIVE, SUITE 200, SAN DIEGO, CA 92121
(858) 626-8334
11
REAR ELEVATION 3
8 13
TI __ Jl ___ _
LEFT ELEVATION 4
POWAY, CA
rn rn mm
l()
·--------~--TOP OF PLATE
--~--FINISH FLOOR
----------------~--FINISH FLOOR
---· --~--FINISH FLOOR
III
[I]
0 [±]
rn ~
IT]
[fil
~ I!]
[DJ
~
~
!Bl
~
MATERIALS LEGEND
STUCCO
DECORATIVE TRIM
DECORATIVE CORBEL
DECORATIVE GABLE VENT
VINYL WINDOW
BAY WINDOW
ALUMINUM SECTIONAL GARAGE DOOR
CONCRETE "S" TILE ROOFING
METAL RAILING
UTILITY DOOR
WOOD FASCIA
DECORATIVE BRICK
FABRIC AWNING
ALUMINUM STOREFRONT SYSTEM
WIRE MESH PANELS
1
9
2 C, ~ <J 4
0 5' 10'
1~=10'-0~ i"'-1
~-z:
3
20'
BUILDING #1 -BUILDING TYPE A ELEVATIONS A2.2
DATE: 08-28-20
JOB NO.: 2017-719
AO ARCHITECTS
144 NORTH ORANGE ST., ORANGE, CA 92866
(714) 639-9860
AO Archltacturw.
Design. RNtlorwhlp&.
September 15, 2020, Item #13
N en
0 -ti
N CX)
14
---·---
bu. -8 M ~~
N !i!i
i
TOP OF PLATE --· -· ---------
FINISH FLOOR +----------,
FINISH FLOOR +---
in
FINISH FLOOR ~---·--------·
FAIRFIELD POWAY MIXED USE
FRH REALTY LLC
5510 MOREHOUSE DRIVE, SUITE 200, SAN DIEGO, CA 92121
(858) 626-8334
13
FRONT ELEVATION
RIGHT ELEVATION 2
POWAY, CA
MATERIALS LEGEND
ill STUCCO
0 DECORATIVE TRIM m DECORATIVE CORBEL
[I) DECORATIVE GABLE VENT
III VINYL WINDOW
0 BAY WINDOW
[I] ALUMINUM SECTIONAL GARAGE DOOR
@] CONCRETE "S" TILE ROOFING
, I [I] METAL RAILING
~; l!9 UTILITY DOOR
b 8 U') E [TI] WOOD FASCIA ;:: ;g [j] DECORATIVE BRICK
(") i ~ FABRIC AWNING
!Bl ALUMINUM STOREFRONT SYSTEM
~ WIRE MESH PANELS
~ I
-~ I lLUUL■-·
1 __ 10--0-o~l"""i~s·~1oi;;;;· iiiiiiiiiiiiiiiiiii:!20~· ~~30•
BUILDING #2 -BUILDING TYPE A ALT ELEVATIONS A2.4
DATE: 08-28-20
JOB NO.: 2017-719
AO ARCHITECTS
144 NORTH ORANGE ST., ORANGE, CA 92866
(714) 639-9860
AO An:hltactu1'9. ~
September 15, 2020, Item #13
N ......
0 -+i
N 00
m ■
FAIRFIELD POWAY MIXED USE
FRH REALTY LLC
5510 MOREHOUSE DRIVE, SUITE 200, SAN DIEGO, CA 92121
(858) 626-8334
m m
rn m m m
REAR ELEVATION 3
LEFT ELEVATION 4
POWAY, CA
10
--------TOP OF PLATE
-----· -~--FINISH FLOOR
--
-
--~--FINISH FLOOR
---· --···-"'i'-FINISH FLOOR
MATERIALS LEGEND
OJ STUCCO
rn DECORATIVE TRIM m DECORATIVE CORBEL
[I] DECORATIVE GABLE VENT
[[] VINYL WINDOW
[I] BAY WINDOW
[I] ALUMINUM SECTIONAL GARAGE DOOR
@] CONCRETE "S" TILE ROOFING
~ METAL RAILING
[ill UTILITY DOOR
[j] WOOD FASCIA
[j] DECORATIVE BRICK
II] FABRIC AWNING
!Bl ALUMINUM
STOREFRONT SYSTEM
§ WIRE MESH PANELS
1
(>~ 2 ~ ~ 4
6
3
0 5' 10' 30' r-10'-0"I"'"'!~~~-~~~-
BUILDING #2 -BUILDING TYPE A ALT ELEVATIONS A2.5
DATE: 08-28-20
JOB NO.: 2017-719
AO ARCHITECTS
144 NORTH ORANGE ST., ORANGE, CA 92866
(714) 639-9860
AO Archltactul9.
Design.
R9letlonlhlpa.
September 15, 2020, Item #13AGREEMENT OF UNDERSTANDING City Council for the City of Poway, hereinafter referred to as "City" and _F_R_H_R_e_a_lt_y_L_L_C __________ , hereinafter referred to as "Proponent" 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) 317-490-55-00 and 317-490-69-00 . 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. Based upon the above-mentioned facts, City will grant Proponent a hearing prior to filing any application for development upon the following understanding: a. City will render no decision with regards to any development proposal or part thereof. b. City will receive no evidence, specific in nature, in support of a particular development plan. c. City will make no representations that will obligate the City to render a decision in favor of or against any development proposal or part thereof Proponent may subsequently submit. d. If any development proposal is subsequently submitted, Proponent will proceed at its sole and exclusive risk with the understanding that City has made no representations upon which Proponent may rely. Dated: 8/10/20 Proponent: Signature 28 of 28 ATTACHMENT I