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04-20-21 Agenda PacketNOTE: 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 March 16, 2021 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, Caylin Frank, Dave Grosch, Barry Leonard, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Vaida Pavolas; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Fire Chief Jon Canavan; Captain Dave Schaller, Sheriff's Department (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.) PLEDGE OF ALLEGIANCE Deputy Mayor Leonard led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. PRESENTATIONS None. PUBLIC COMMENT Yuri Bohlen, via teleconference, spoke regarding the tragic accident that recently occurred behind the Poway Plaza shopping center. 2 of 8 ATTACHMENT A April 20, 2021, Item #2 City of Poway -Minutes -March 16, 2021 CONSENT CALENDAR Motioned by Deputy Mayor Leonard, seconded by Mayor Vaus to approve Consent Calendar Items 1 through 7. Motion carried by the following roll-call vote: Ayes: Noes: Mullin, Frank, Grosch, Leonard, Vaus None Abstained: None Absent: None Disqualified: None 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the February 16, 2021 Regular City Council Meeting Minutes 3. Adoption of Resolution No. 21-011 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. Annual Report -Implementation of the General Plan in 2020 5. Approval of Final Map for Tentative Tract Map 19-005; Meridian Communities, LLC, Applicant. (APNs: 317-101-06, 317-472-01, 317-472-06, 317-472-18, 317-472-19, 317-472-20, 317- 472-23, 317-472-24, 317-472-25, 317-472-26 and 317-472-12) 6. Approval of Amendment to Agreement for City Attorney Services 7. Approval of Amendment to Employment Agreement for the City Manager ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION None. PUBLIC HEARINGS 8. Resolution Amending the Community Park Fees within the Community Services Section of the Master Fee Schedule to include the Mickey Cafagna Community Center Mayor opened the public hearing at 7:05 p.m. Assistant City Manager Wendy Kaserman presented the report along with a PowerPoint presentation. Ms. Kaserman explained that after conducting market research, staff is recommending the consolidation and simplification of facility use categories and fees for the new Mickey Cafagna Community Center. She further explained that staff is proposing a base rate for individuals and a base rate for non-profit organizations. Poway residents and Poway businesses would receive a 50 percent discount off the Base Rate for individuals and Poway non-profits would receive 50 percent off the Non-Profit rate. Ms. Kaserman added that staff 3 of8 April 20, 2021, Item #2 City of Poway -Minutes -March 16, 2021 will be monitoring facility usage under the new proposed fee structure and reviewing the Community Services Rules and Regulations once the facility becomes fully operational. No speakers. Mayor closed the public hearing at 7: 15 p.m. Council expressed support for a streamlined fee structure, discounted rates for the Poway community and updating the rules and regulations for the new facility. Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No. 21-012 entitled "A Resolution of the City Council of the City of Poway, California, Amending the Community Park Fees within the Community Services Section of the Master Fee Schedule to include the Mickey Cafagna Community Center." Motion carried unanimously. 9. Resolution Approving a 2% Increase in the Regional Transportation Congestion Improvement Program (RTCIP) Traffic Mitigation Fee for Fiscal Year (FY) 2021-22, as required by the TransNet Ordinance Mayor opened the public hearing at 7:38 p.m. City Engineer Melody Rocco presented the report and explained that the funds collected from this fee will be used for roadway and traffic signal improvements at various locations throughout the City, which currently includes design of the Espola Road Bike Lanes project. No speakers. Mayor closed the public hearing at 7:40 p.m . Motioned by Councilmember Mullin, seconded by Councilmember Frank to adopt Resolution No. 21-013 entitled "A Resolution of the City Council of the City of Poway, California, Approving A 2% Increase in the Regional Transportation Congestion Improvement Program (RTCIP) Traffic Mitigation Fee for the Fiscal Year (FY) 2021-22, As Required by the Transnet Ordinance." Motion carried unanimously. STAFF REPORTS 10. Replacement of Two Existing Paramedic Ambulances Fire Battalion Chief Rodney Ortiz presented the report and explained that staff is recommending appropriation of funds for the purchase and replacement of two aging paramedic ambulances to be placed into frontline service at Fire Station 1 and 3. Mr. Ortiz added that sufficient funding is available in the Fiscal Year 2020-21 Capital Replacement Equipment Fund. No speakers. In response to Council's inquiry, Mr. Ortiz explained that the Fire Department plans for paramedic ambulances to operate in frontline service for seven years. 4of 8 April 20, 2021, Item #2 City of Poway-Minutes -March 16, 2021 Motioned by Mayor Vaus, seconded by Councilmember Grosch to adopt Resolution No. 21-014 entitled "A Resolution of the City Council of the City of Poway, California, Authorizing the City Manager to Execute a Purchase Agreement for Two New Ford F- 550 Leader Custom Paramedic Ambulances And Authorization to Appropriate $510,000.00 To Fiscal Year 2020-21 Account 115010-61040-Capital Equipment Replacement-Autos & Trucks." Motion carried unanimously. 11. Water Infrastructure Improvement Program Update Director of Public Works Eric Heidemann gave a brief introduction of the Water Infrastructure Improvement Program and noted that City has met each milestone and deadline memorialized in the settlement agreement with the State. Principal Civil Engineer Shadi Sarni presented an update on the program along with a PowerPoint presentation since the last update to Council on November 17, 2020. Ms. Sarni explained that the Clearwell Bypass project is currently at the 60 percent design stage and is scheduled to be advertised for bids in May 2021, awarded in July 2021 with a preliminary construction schedule for September 2021 through April 2022. She further explained that the Clearwell Replacement project is currently in the planning stage and a draft preliminary engineering report is under review by staff. Ms. Sarni noted that the Lake Poway softball field will be used for temporary water storage tanks, however, the staff is exploring alternative locations for the softball league's use during the extended closure. She added that the preliminary construction schedule for this project is September 2022 through February 2024. Lastly, she provided an update on the draft Planning Study for the San Diego County Water Authority (SDCWA) Treated Water Connection and Redundant Pipeline project. Bobby Ronsse, via teleconference, spoke regarding use of the Lake Poway softball fields during construction of the C/earwe/1 Bypass and Replacement project. In response to Council's inquiry, Ms. Sarni explained that staff anticipates that the Clearwell will be replaced with two separate tanks to be able to take only a portion of it offline if needed for future maintenance. Council discussion ensued in support of staff's ability to undertake this extensive project and expressed appreciation for the updates. This was an informational item. No action was taken. 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. 5 of 8 April 20, 2021, Item #2 City of Poway -Minutes -March 16, 2021 Director of Public Works Eric Heidemann, the City's appointed representative for the San Diego County Water Authority (SDCWA) Board of Directors, gave an update regarding the Metropolitan Water District (MWD) rate cases. Mr. Heidemann explained that as a result of the ruling in favor of SDCWA's oldest rate case, the Board voted to distribute rebates to its member agencies in proportion to their overpayments between the specific time period. The City received approximately 1.1 million from SDCWA that will be placed in a rate stabilization fund to help offset any future rate cases. He concluded that an additional rate case is pending and updates will continue to be provided. Councilmember Mullin reported out from a recent meeting from Metro Wastewater JPA regarding the Pure Water Program. Councilmember Frank explained that MTS Board of Directors' current goal is to increase ridership and that any potential tax measure is not currently being discussed. Mayor Vaus gave an update on a recent SANDAG meeting regarding the new regional transportation plan. CITY MANAGER ITEMS: None. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) City Attorney Alan Fenstermacher announced that there was no reportable action taken at Closed Session held March 2, 2021 . ADJOURNMENT The meeting adjourned at 8:29 p.m. 6 of 8 Vaida Pavolas, CMC City Clerk City of Poway, California April 20, 2021, Item #2 NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL SPECIAL MEETING MINUTES March 18, 2021 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 Special Meeting to order at 10:00 a.m. ROLL CALL John Mullin, Caylin Frank, Dave Grosch, Barry Leonard, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Vaida Pavolas; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy PUBLIC COMMENT None. CONSENT CALENDAR None. COUNCIL-INITIATED ITEMS None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) None. CITY MANAGER ITEMS: None. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) 7 of8 ATTACHMENT B April 20, 2021, Item #2 City of Poway -Minutes -March 18, 2021 CLOSED SESSION 1. Conference with Labor Negotiators Government Code Section 54957.6 Designated City Representatives: Chris Hazeltine, Wendy Kaserman, Aaron Beanan and Jodene Dunphy Employee Organizations: Poway Firefighters' Association, Teamsters, Management/Confidential Group At the request of City Attorney Alan Fenstermacher, Mayor Vaus adjourned the meeting into Closed Session at 10:01 a.m. City Council came out of Closed Session at 11 :39 a.m. and Mr. Fenstermacher announced that there was no reportable action. ADJOURNMENT The meeting adjourned at 11 :40 a.m. 8 of 8 Vaida Pavolas, CMC City Clerk City of Poway, California April 20, 2021, Item #2 DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PQ RT City of Poway April 20, 2021 Honorable Mayor and Me1rf 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. The City Council approved to continue the emergency action in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, and December 15. And in 2021, the City Council approved to continue the emergency action on January 19, February 2, February 16, March 2, March 16, and April 6. The adopted resolution requires the City Council to either 1 of 5 April 20, 2021, Item #3 April 20, 2021, Item #3continue the emergency action or declare the emergency ended at each regular meeting. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: As of April 5, 2021, City costs to respond to COVID-19 are estimated at $855,304. This amount differs from the amounts in the COVI D-19 Economic Update staff report presented to Council on September 15, 2020 primarily because the amounts listed here relate to FEMA eligible expenditures. The total fiscal impact is unknown at this time. Per the City Council adopted General Fund Reserve policy, the City maintains a General Fund Reserve of 45 percent of the budgeted annual General Fund operating expenditures, or $19,233,004 as of June 30, 2020, net of the $2,000,000 used from the Extreme Events/Public Safety reserve the City Council approved on April 16, 2020 to fund the Poway Emergency Assistance Recovery Loan (PEARL) program. The PEARL program is discussed in more detail below. Within that 45 percent, $12,142,455 is set aside for Extreme Events/Public Safety. Based upon the City's reserve policy, there are adequate reserves to cover the costs to respond to this health emergency. Further, staff believes some of the costs are recoverable under State and Federal Disaster programs. Amounts recovered under these programs will be used to replenish the General Fund reserve. Pursuant to the reserve policy, staff will return with a plan to replenish any General Fund reserves not replenished under a State or Federal Disaster program. Staff will recommend applicable budget adjustments prior to the completion of the current fiscal year. In addition to using reserves to respond to COVID-19, as mentioned above, on April 16, 2020, the City Council approved $2,000,000 to fund the PEARL program for small businesses. The PEARL program's goal is to offer financial assistance to small businesses located in Poway by complementing existing state and federal loan programs and to provide a financial bridge to businesses to survive the current emergency. The PEARL program provides loans of up to $50,000 to eligible business. As of April 5, 2021, staff has received 80 applications requesting $2,912,165 in loans. Based on staffs review, 35 loans totaling $1,385,326 have been approved. The reserve fund will be replenished from the repayment of PEARL loans over a three-year period following the end of the local COVID-19 emergency. This period falls within the General Fund Reserve Policy's direction to fully replenish reserves within five years of use. Public Notification: None. Attachments: A. Resolution B. Proclamation of Local Emergency Reviewed/Approved By: Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: April 20, 2021, Item #3RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING THE CONTINUED EXISTENCE OF AN EMERGENCY WITHIN THE CITY DUE TO THE NOVEL CORONAVIRUS (COVID-19) GLOBAL PANDEMIC WHEREAS, the Novel Coronavirus (COVID-19) global pandemic in the City of Poway, commencing on or about January 24, 2020 that creates a threat to public health and safety; WHEREAS, Government Code section 8630 and Poway Municipal Code (PMC) Section 2.12.060 empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by a public calamity, and the City Council is not in session; WHEREAS, on March 13, 2020, the City Manager, acting pursuant to Government Code section 8630 and PMC section 2.12.060, proclaimed the existence of a local emergency based on conditions of extreme peril to the health and safety of persons caused by the Novel Coronavirus (COVID-19) global pandemic; WHEREAS, on March 18, 2020, the City Council, acting pursuant to Government Code section 8630 and PMC section 2.12.065, ratified the existence of a local emergency within seven (7) days of a Proclamation of Local Emergency by the City Manager; WHEREAS, the City Council, acting pursuant to PMC section 2.12.065, approved extending the emergency declaration during regularly scheduled meetings in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, December 15, and in 2021 on January 19, February 2, February 16, March 2, March 16 and April 6; WHEREAS, Public Contract Code Section 20168 provides that the City Council may pass by four-fifths (4/5) vote, a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; WHEREAS, upon adoption of such resolution, the City Manager may expend any sum required in the emergency and report the same to the City Council in accordance with Public Contract Code Section 22050; WHEREAS, if such expenditure is ordered, the City Council shall review the emergency action at each regular meeting, to determine if there is a need to continue the action or if the Proclamation of Local Emergency may be terminated; and WHEREAS, such the Novel Coronavirus (COVID-19) global pandemic constitute an emergency within the terms of Public Contract Code Sections 20168 and 22050 which requires that the City Manager be able to act quickly and without complying with the notice and bidding procedures of the Public Contract Code to safeguard life, health, or property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby finds and declares: 3 of 5 ATTACHMENT A April 20, 2021, Item #3Resolution No. 21-Page 2 SECTION 1: An emergency continues to exist within the City as the result of the Novel Coronavirus (COVID-19) global pandemic; and (a) The continuing threat of the Novel Coronavirus (COVID-19) global pandemic requires that the City be able to expend public money in order to safeguard life, health, or property; (b) The City Manager, as the City's Personnel Officer, is authorized to take actions necessary to alter employee leave policies and ensure a safe and healthy workforce; (c) The City Manager is authorized to safeguard life, health, or property without complying with notice or bidding procedures; and (d) Once such expenditure is made, the City Manager shall report the conditions to the City Council at each regular meeting, at which time the City Council shall either continue the emergency action or declare the emergency ended. SECTION 2: This Proclamation of Local Emergency and all subsequent resolutions in connection herewith shall require a four-fifths (4/5) vote of the City Council. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of April, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 4 of 5 April 20, 2021, Item #3PROCLAMATION OF LOCAL EMERGENCY WHEREAS, section 2.12.060 of the Poway Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; WHEREAS, the City Manager, as Director of Emergency Services of the City of Poway, does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Poway, caused by the Novel Coronavirus (COVID-19) commencing on January 24, 2020; WHEREAS, that the City Council of the City of Poway is not in session and cannot immediately be called into session; and WHEREAS, this Proclamation of Local Emergency will be ratified by the City Council within seven days of being issued. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services for the City of Poway, that a local emergency now exists throughout the City and that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City, and by the City of Poway Emergency Plan; and IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation of Local Emergency be forwarded to the State Director of the Governor's Office of Emergency Services with a request that; 1. The State Director find the Proclamation of Local Emergency acceptable in accordance with provisions of the Natural Disaster Assistance Act; and 2. The State Director forward this Proclamation, and request for a State Proclamation and Presidential Declaration of Emergency, to the Governor of California for consideration and action. PASSED AND ADOPTED by the Director of Emergency Services for the City of Poway this 13th day of March 2020. Chr~ Director of Emergency Services 5 of 5 ATTACHMENT B April 10, 2021, Item #4DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway April 20, 2021 Honorable Chairman and Members of the Housing Authority Robert Manis, Director of Development Services .f.M,, Marie Sanders, Senior Management Analyst (858) 668-4637 or msanders@poway.org Poway Housing Successor Annual Report Fiscal Year 2019-2020 CITY COUNCIL Pursuant to California Health and Safety Code Sections 34176 and 34176.1 (f) (Dissolution Law), the Poway Housing Authority, in its capacity as Housing Successor to the dissolved Poway Redevelopment Agency, must prepare an annual report detailing its activities during each fiscal year. The Poway Housing Successor Annual Report for Fiscal Year 2019-20 (Attachment A), and the Poway Housing Authority Basic Financial Statements and Independent Auditors Report for the year ending June 30, 2020 (Attachment B), are included with this agenda report for review by the Poway Housing Authority Board. Recommended Action: It is recommended that the Poway Housing Authority Board receive and file this report. Discussion: Part 1.85, Division 24 of the California Health and Safety Code, particularly Sections 34176 and 34176.1 (f), require that the Housing Successor provide an annual report of the Successor's activities during the prior fiscal year. The purpose of the report is to provide the governing body of the Housing Successor with an annual report on the housing assets and activities of the Housing Successor. The report is to be provided to the Poway Housing Authority Board, along with an independent financial audit of the Low-and Moderate-Income Housing Asset Fund (LMIHAF) within six months after the end of each fiscal year. Due to Poway's annual timing for completion of the Housing Authority audit, it is not possible for this report to be completed within the six-month period. However, there is no penalty for delayed submission of the report. The Poway Housing Successor Annual Report for Fiscal Year 2019-20 indicates a balance in the LMIHAF of $4,357,139. This amount includes the value of the land transfer between the Housing Authority and the City of Poway for the 44 affordable units under construction with the Poway Commons project. 1 of 37 April 10, 2021, Item #4Environmental Review: This item is not subject to California Environmental Quality Act (CEQA) review. Fiscal Impact: There is no fiscal impact associated with this item. Public Notification: None. Attachments: A. Poway Housing Successor Annual Report for Fiscal Year 2019-2020 B. Poway Housing Authority Basic Financial Statements and Independent Auditors Report for the year ended June 30, 2020 Reviewed/ Approved By: Assistant City Manager 2 of 37 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager April 10, 2021, Item #4POWAY HOUSING SUCCESSOR ANNUAL REPORT REGARDING THE LOW-AND MODERATE-INCOME HOUSING ASSET FUND FOR FISCAL YEAR 2019-2020 PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f) FOR THE POWAY HOUSING AUTHORITY This Housing Successor Annual Report (Report) regarding the Low-and Moderate-Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1 (f) and is dated as of April 20, 2021. This Report sets forth certain details of the Poway Housing Authority, in its capacity as Housing Successor to the dissolved Poway Redevelopment Agency, activities during Fiscal Year 2019-20 (Fiscal Year). The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law). The following Report is based upon information prepared by Housing Successor staff and information contained within the Poway Housing Authority Basic Financial Statements and Independent Auditor's Report for Fiscal Year 2019-20 as prepared by Davis Farr, LLP, which Audit is separate from this annual summary Report; further, this Report conforms with and is organized into sections I. through XII., inclusive, pursuant to the Dissolution Law: I. Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited. II. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited. Ill. Description of Expenditures from LMIHAF: This section provides a categorized description of the expenditures made from the LMIHAF during the Fiscal Year. IV. Statutory Value of Assets Owned by Housing Successor: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts. V. Description of Transfers: This section describes transfers pursuant to Health and Safety Code Section 34176.1 (c)(2), if any, to another housing successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing. POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2019 -2020 April 10, 2021, Item #4VI. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project. VII. Status of Compliance with Section 33334.16: This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012. For interests in real property acquired on or after February 1, 2012, the Housing Successor must provide a status update on the project. The Poway Housing Successor has acquired two properties since February 1, 2012. VIII. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012, along with the Housing Successor's progress in meeting those prior obligations, if any, of the former redevelopment agency and how the Housing Successor's plans to meet unmet obligations, if any. IX. Income Test: This section provides the information required by Section 34176.1 (a)(3)(8), or a description of expenditures by income restriction for five-year period, with the time period beginning January 1, 2014, and whether the statutory thresholds have been met. X. Senior Housing Test: This section provides the percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment Agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and its host jurisdiction within the same time period. For this Report the ten-year period reviewed is January 1, 2010 to December 31, 2020. XI. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor's plan for eliminating the excess surplus. XII. Inventory of Homeownership Units: This section provides a summary of covenanted homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency's investment of monies from the Low-and Moderate-Income Housing Fund pursuant to subdivision (f) of Section 33334.3. Inventory shall include the following: a) the number of those units; b) in the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses; c) any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency's investment of moneys from the Low-and Moderate-Income Housing Fund; and d) whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity. POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2019 -2020 April 10, 2021, Item #4I. AMOUNT DEPOSITED INTO LMIHAF A total of $2,884,440 was deposited into the LMIHAF during the Fiscal Year. II. ENDING BALANCE OF LMIHAF At the close of the Fiscal Year, the ending balance in the LMIHAF was $5,086,434 none of which is being held for items listed on the ROPS. This includes $5,052,402 in cash and investments, and $551,694 in housing loans receivable, less $517,662 in liabilities. The $551,694 is due from the Successor Agency and represents the Housing Authority's 20% of the former Redevelopment Agency's loan balance, and repayment is subject to approval by the California Department of Finance. Ill. DESCRIPTION OF EXPENDITURES FROM LMIHAF The following is a description of expenditures from the LMIHAF by category: Fiscal Year 2019-20 Monitoring & Administration Expenditures $16,208 Homeless Prevention & Rapid Rehousing Expenditures $0 Housing Development Expenditures $15,441 Total LMIHAF Expenditures in Fiscal Year $31,649 IV. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR Under the Dissolution Law and for purposes of this Report, the "statutory value of real property" means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181 (f), and the purchase price of properties purchased by the Housing Successor. Further, the value of loans and grants receivable are included in these reported assets held in the LMIHAF. The following provides the statutory value of assets owned by the Housing Successor: End of FY2020 Cash and Cash Equivalents $5,052,402 Statutory Value of Real Property Owned by Housing Authority $13,917,824 Value of Loans and Grants Receivable $551,694 Total Value of Housing Successor Assets $19,521.920 V. DESCRIPTION OF TRANSFERS The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1 (c)(2) during the Fiscal Year. POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2019 -2020 April 10, 2021, Item #4VI. PROJECT DESCRIPTIONS The Housing Successor did not receive and did not hold property tax revenue pursuant to the ROPS. VII. STATUS OF COMPLIANCE WITH SECTION 33334.16 Section 34176.1 provides that Section 33334.16 does not apply to interests in real property acquired by the Housing Successor on or after February 1, 2012. With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, and transferred to the Successor Agency pursuant to Health and Safety Code Section 34176, the time periods described in Section 33334.16 shall be deemed to have commenced on the date that the Department of Finance (DOF) approved the property as a housing asset on the Housing Asset Transfer Form; thus, as to real property acquired by the former redevelopment agency now held by the Housing Successor, the Housing Successor must initiate activities consistent with the development of the real property for the purpose for which it was acquired within five years of the date the DOF approved such property as a housing asset. Poway's Housing Assets Transfer Form was approved by the DOF on August 31, 2012. The following provides a status update on the real property housing assets that were acquired by the former redevelopment agency prior to February 1, 2012, and transferred to the Housing Successor on February 1, 2012, and compliance with the five-year period to commence development activities. APN Street Address Date of Size Status Purchase 27546061 1267 4 Monte Vista Rd 02/22/2000 2.06 Acres Leased Land. Leasing month-to-month to local company for non-housing use. 31747201 13021-13023 Poway Rd 03/26/2002 2.6 Acres An Affordable Housing and Property Disposition Agreement was entered into on 31747206 13031 Poway Rd 03/30/2010 .24 Acres 4/29/2020 for the eventual construction of a new senior affordable housing development with 44 units. 32119028 Twin Peaks Rd 11/03/2004 2.15 Acres Vacant land. Occasionally leased for non-housing use. 31423026 13424 Scots Way 08/27/2002 0.70 Acres Vacant land. Due to access issues, development options are actively being evaluated. 31421418 14048 Sycamore Ave 06/30/2005 0.32 Acres Vacant land. Development options are being evaluated. 31710151 Floodway adjacent to 08/27/2004 2.15 Acres Vacant land (remnant parcel & 52 the Sciara Affordable from development of adjacent Housing Development Sciara affordable housing development). Property is in the floodway and cannot be developed. POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2019 -2020 April 10, 2021, Item #4The following provides a status update on real property housing assets that were acquired by the Housing Successor after February 1, 2012. APN Street Address PDateh of Size Status urc ase 31723222 12207 & 12237 Old & 36 Pomerado Road 01/9/2018 1.07 Acres Future affordable housing site. Demolition of site scheduled to be completed in FY22. VIII. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413 Replacement Housing: According to the 2010-2014 Implementation Plan for the former redevelopment agency, no Section 33413(a) replacement housing obligations were transferred to the Housing Successor. Furthermore, the Housing Successor has not caused the demolition of any units and no new replacement housing obligations have been created. lnclusionary/Production Housing. According to the 2010-2014 Implementation Plan for the former redevelopment agency, no Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor. The former redevelopment agency's Implementation Plans are posted on the City's website at http://poway.org/207/Affordable-Housing. IX. EXTREMELY LOW-INCOME TEST This section provides the information required by Section 34176.1 (a)(3)(B), or a description of expenditures by income restriction for five-year period, with the time period beginning January 1, 2014 and whether the statutory thresholds have been met. Section 34176.1 (a)(3)(B) requires that the Housing Successor must require at least 30% of the LMIHAF, after expenditures allowed pursuant to Code section 34176.1 (a)(1) and (2,) to be expended for development of housing affordable to, and occupied by, households earning 30% or less of the AMI. If the housing successor fails to comply with the extremely low income requirement in any five year report beginning with the five year report to be issued in 2019, then the housing successor shall ensure that at least 50% of these remaining LMIHAF funds expended in each fiscal year following the latest fiscal year following the five year report are expended for the development of rental housing affordable to, and occupied by, households earning 30% or less of the area AMI until the housing successor demonstrates compliance with the extremely low-income requirement in an annual report. This information is not required to be reported until 2024 for the 2020 -2024 reporting period. X. SENIOR HOUSING TEST The Housing Successor is required to calculate the percentage of units of deed-restricted rental housing restricted to seniors and assisted by the Housing Successor, the former redevelopment POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2019 -2020 April 10, 2021, Item #4agency and/or the City within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted by the Housing Successor, the former redevelopment agency, and/or City within the same time period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental units. The following provides the Housing Successor's Senior Housing Test for the 10-year period of January 1, 2010 through December 31, 2019: Housing Test 2010-2019 # of Assisted Senior Rental Units 0 # of Total Assisted Rental Units 182 Senior Housing Percentage 0% XI. EXCESS SURPLUS TEST Excess Surplus is defined in Section 34176.1 (d) as an unencumbered amount in the LMIHAF account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the LMIHAF account during the Housing Successor's preceding four Fiscal Years, whichever is greater. The LMIHAF was created on February 1, 2012. The current uncommitted balance of $4,357,139 on deposit in the LMIHAF exceeded the sum of the annual deposits made in the preceding four fiscal years ($3,696,478) by $660,661. As a result, the Housing Authority's goal for FY20-21 include encumbering $1,500,000 of LMIHAF to provide financial assistance towards the construction of a 44-unit senior project as part of the Affordable Housing and Property Disposition Agreement stated above in section VII. The following provides the Excess Surplus test for the preceding four Fiscal Years: FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 Total FY17-20 Beginning Balance $1,687,392 $1,987,448 $2,117,450 $1,586,131 Add: Deposits $386,580 $184,553 $240,904 $2,884,440 $3,696,478 Transfers In -$820,000 --(Less) Expenditures $(86,524) $(54,552) $(772,223) $(31,649) Transfers Out -($820,000) --Ending Balance $1,987,448 $2,117,450 $1,586,131 $4,438,922 (Less) Commitments $(524,319) I $(814,113) $(77,366) $(81,783) I Uncommitted $1,463,129 $1,303,337 $1,508,765 $4,357,139 Balance POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2019 ·· 2020 April 10, 2021, Item #4XII. HOMEOWNERSHIP UNITS The Housing Successor is to provide an inventory of homeownership units assisted by the former redevelopment agency or the Housing Successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency's investment of monies from the LMIHAF pursuant to Section 33334.3(f). The inventory for the Housing Successor is as follows: Current Inventory Number of Units Restricted Homeownership Units as of 12/31/2020 30 Add: Restricted Homeowner Units Added by Housing Successor (January 0 1, 2019 through December 31, 2019) (Less): Restricted Homeowner Units Lost to Portfolio (January 1, 2019 0 through December 31, 2019) Additionally, no inventory was lost in 2020. A total of $0 was returned to the Housing Successor as a result of the restrictions adopted to protect the former redevelopment agency's investment in LMIHAF monies and the Housing Successor did not contract with an outside entity for the management of the ownership portfolio. POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2019 -2020 April 10, 2021, Item #410 of 37 POWAY HOUSING AUTHORITY (A Component Unit of the City of Poway) Financial Statements Year Ended June 30, 2020 ATTACHMENT B April 10, 2021, Item #4POWAY HOUSING AUTHORITY Table of Contents YearEndedJune3~2020 Independent Auditor's Report ......................................................................................................... 1 Basic Financial Statements Government-Wide Financial Statements Statement of Net Position ....................................................................................................... 6 Statement of Activities ............................................................................................................ 7 Fund Financial Statements Balance Sheet .......................................................................................................................... 8 Reconciliation of the Balance Sheet of the Governmental Fund to the Statement of Net Position ............................................................................................ 9 Statement of Revenues, Expenditures and Changes in Fund Balance ................................... 10 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balance of the Governmental Fund to the Statement of Activities ................ 11 Notes to the Basic Financial Statements ........................................................................................ 12 Required Supplementary Information {Unaudited) Budgetary Comparison Schedule ............................................................................................ 22 Note to Budgetary Comparison Schedule ............................................................................... 23 Report on Internal Control Over Financial Reporting and on Compliance and Other Matters based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards................................................................ 24 11 of 37 April 10, 2021, Item #4Poway Housing Authority City of Poway Poway, California Davis Farr LLP 2301 Dupont Drive I Suite 200 I Ir ine. CA 92612 Main: 949.474.2020 I Fo : 949.263.5520 INDEPENDENT AUDITOR'S REPORT Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities and the major fund of the Poway Housing Authority (the Authority), a component unit of the City of Poway, California, as of and for the year ended June 30, 2020, and the related notes to the financial statements, which collectively comprise the Authority's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the Authority's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Authority's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. 12 of 37 1 April 10, 2021, Item #4Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, and each major fund the Authority, as of June 30, 2020, and the respective changes in financial position thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Emphasis of a Matter As described more fully in Note 1, the basic financial statements present only the Authority and are not intended to present fairly the financial position and results of operations of the City of Poway, California in conformity with accounting principles generally accepted in the United States of America. Our opinions are not modified with respect to this matter. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the Budgetary Comparison Schedule be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Management has omitted management's discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements. Such missing information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of the financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinion on the basic financial statements is not affected by this missing information. 13 of 37 2 April 10, 2021, Item #4Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 23, 2020 on our consideration of the Authority's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Authority's internal control over financial reporting and compliance. Irvine, California December 23, 2020 14 of 37 3 April 10, 2021, Item #4This page intentionally left blank 15 of 37 4 April 10, 2021, Item #4BASIC FINANOALSTATEMENTS 16 of 37 5 April 10, 2021, Item #417 of 37 ASSETS Poway Housing Authority Statement of Net Position June 30, 2020 Cash and investments (Note 2) Due from other governments Capital assets, nondepreciable (Note 4) Total assets LIABILITIES Accounts payable Unearned revenue Total liabilities NET POSITION Investment in capital assets Unrestricted Total net position $ $ See accompanying notes to financial statements 6 5,052,402 551,694 13,917,824 19,521,920 493,567 24,095 517,662 13,917,824 5,086,434 19,004,258 April 10, 2021, Item #4Functions/Programs Governmental activities: General government Development services Total governmental activities 18 of 37 Poway Housing Authority Statement of Activities Year Ended June 30, 2020 Program Revenues Expenses $ 16,208 2,105,152 $ 2,121,360 Operating Capital Charges for Services 30,012 30,012 Contributions and Grants General Revenues Investment income Other Gain on sale of assets Contributions and Grants Total general revenues and transfers Change in net position Net position, beginning Net position, ending See accompanying notes to financial statements 7 Totals 2020 13,804 (2,105,152) (2,091,348) 174,793 23,324 115,111 313,228 (1,778,120) 20,782,378 $ 19,004,258 April 10, 2021, Item #419 of 37 ASSETS Cash and investments Poway Housing Authority Balance Sheet Governmental Fund June 30, 2020 Due from other governments Tota I assets LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Unearned revenue Total liabilities FUND BALANCE Unrestricted Total fund balances Total liabilities and fund balance $ $ $ $ See accompanying notes to financial statements 8 5,052,402 551,694 5,604,096 493,567 24,095 517,662 5,086,434 5,086,434 5,604,096 April 10, 2021, Item #4Poway Housing Authority Reconciliation of the Balance Sheet of the Governmental Fund to the Statement of Net Position June 30, 2020 Total Governmental Fund Balance Amounts reported for governmental activities in the Statement of Net Position were different because: Capital assets used in governmental activities were not current financial resources and, therefore, were not reported in the funds. Net position of governmental activities See accompanying notes to financial statements 20 of 37 9 $ 5,086,434 13,917,824 $ 19,004,258 April 10, 2021, Item #421 of 37 Poway Housing Authority Statement of Revenues, Expenditures and Changes in Fund Balance Governmental Fund Year Ended June 30, 2020 REVENUES Lease revenue $ 30,012 Investment income 174,793 Intergovernmental revenues 1,493,304 Reimbursement agreement fees 23,324 Total revenues 1,721,433 EX PEN DITU RES Current: General government 16,208 Development services 15,441 Total expenditures 31,649 OTHER FINANCING SOURCES Proceeds on the sale of property 1,196,946 Total other financing sources 1,196,946 Net change in fund balance 2,886,730 Fund balance, beginning of year 2,199,704 Fund balance, end of year $ 5,086,434 See accompanying notes to financial statements 10 April 10, 2021, Item #4Poway Housing Authority Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balance of the Governmental Fund to the Statement of Activities YearEndedJune3~2020 Net change in fund balance -total governmental fund Amounts reported for governmental activities in the Statement of Activities were different because: Governmental funds report proceeds on the sale of capital assets as revenues. However, in the Government-Wide Statement of Activities, the cost of the land sold reduces the gain on sale of the asset: Change in net position of governmental activities See accompanying notes to financial statements 22 of 37 11 $ 2,886,730 {4,664,850) $ {1,778,120) April 10, 2021, Item #4POWAY HOUSING AUTHORITY Notes to the Basic Financial Statements Year Ended June 30, 2020 Note 1 -Reporting Entity and Summary of Significant Accounting Policies The accounting policies of the Poway Housing Authority (Authority) conform to accounting principles generally accepted in the United States of America as applicable to governments. The Governmental Accounting Standards Board (GASB) is the accepted standard setting body for governmental accounting and financial reporting principles. The following is a summary of the Authority's significant accounting policies: A. Description of Reporting Entity On March 1, 2011, the City Council of the City of Poway declared a need for a housing authority in the City of Poway and adopted a resolution forming the Poway Housing Authority. The creation of the Housing Authority provides the City legal authority to continue monitoring ongoing rent and income compliance at affordable housing developments. The former Poway Redevelopment Agency (Agency) and the Authority prepared a Cooperation Agreement to provide for implementation of certain low and moderate income housing projects and to make payments by the Agency to the Authority for the costs to the Authority for performing its obligations. The Agency was dissolved due to the passage of Assembly Bill Xl 26 which became effective on October 1, 2011. In accordance with Health and Safety code 3417S(b), on February 1, 2012, all housing assets, liabilities and fund balance of the Agency were transferred to the Authority as the Successor Agency to the Poway Redevelopment Agency. The Authority meets the criteria set forth in U.S. GAAP for inclusion as a blended component unit within the City reporting entity based on the City's oversight responsibility in selection of the governing board. In addition, all of the Authority's activities are conducted within the geographic boundaries of the City. Blended component units, although legally separate entities, are, in substance, part of the City's operations; therefore, data from these units are combined with data of the primary government in the financial statement presentation of the City. Only the funds of the Authority are included herein; therefore, these financial statements do not purport to represent the financial position or results of operations of the City. 8. Basis of Accounting/Measurement Focus The accounts of the Authority are organized on the basis of funds, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, deferred outflows of resources, liabilities, deferred inflows of resources, fund equity, revenues, and expenditures or expenses, as appropriate. Governmental resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. 23 of 37 12 April 10, 2021, Item #4POWAY HOUSING AUTHORITY Notes to the Basic Financial Statements Year Ended June 30, 2020 Note 1-Reporting Entity and Summary of Significant Accounting Policies (Continued) Government-Wide Financial Statements The Authority's Government-Wide Financial Statements include a Statement of Net Position and a Statement of Activities. These statements present summaries of governmental activities for the Authority. These basic financial statements are presented on an //economic resourcesH measurement focus and the accrual basis of accounting. Accordingly, all of the Authority's assets and liabilities, including capital assets, as well as infrastructure assets, and long-term liabilities, are included in the accompanying Statement of Net Position. The Statement of Activities presents changes in net position. Under the accrual basis of accounting, revenues are recognized in the period in which they are earned while expenses are recognized in the period in which the liability is incurred. Certain types of transactions are reported as program revenues for the Authority in three categories: • Charges for services • Operating grants and contributions • Capital grants and contributions Governmental Fund Financial Statements Governmental fund financial statements include a Balance Sheet and a Statement of Revenues, Expenditures and Changes in Fund Balances for the governmental fund. An accompanying schedule is presented to reconcile and explain the differences in fund balance as presented in these statements to the net position presented in the Government-Wide Financial Statements. All governmental funds are accounted for on a spending or "current financial resources" measurement focus and the modified accrual basis of accounting. Accordingly, only current assets and current liabilities are included on the Balance Sheet. The Statement of Revenues, Expenditures and Changes in Fund Balance presents increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Under modified accrual basis of accounting, revenues are recognized in the accounting period in which they become both measurable and available to finance expenditures of the current period. Revenues are recorded when received in cash, except that revenues subject to accrual (generally 60 days after year-end) are recognized when due. The primary revenue sources, which have been treated as susceptible to accrual by the Authority, are property tax, and intergovernmental revenues. Expenditures are recorded in the accounting period in which the related fund liability is incurred. 24 of 37 13 April 10, 2021, Item #4POWAY HOUSING AUTHORITY Notes to the Basic Financial Statements Year Ended June 30, 2020 Note 1-Reporting Entity and Summary of Significant Accounting Policies (Continued) Unearned revenues arise when the government receives resources before it has a legal claim to them, as when grant monies are received prior to incurring qualifying expenditures. In subsequent periods when both revenue recognition criteria are met or when the government has a legal claim to the resources, the unearned revenue is removed from the balance sheet and revenue is recognized. The Reconciliation of the Fund Financial Statements to the Government-Wide Financial Statements is provided to explain the differences created by the integrated approach of generally accepted accounting principles. Fund Accounting The Authority uses funds to maintain its financial records during the year. A fund is defined as a fiscal and accounting entity with a self-balancing set of accounts. The Authority only has one governmental fund. Governmental Fund Housing Authority Fund -The Housing Authority Fund is the Authority's operating fund. It accounts for all financial resources of the general government. C. Cash and Investments The Authority's cash and investment balances are included in the City's investment pool. The City pools cash resources from all City funds in order to facilitate the management of cash and achieve the goal of obtaining the highest yield with the greatest safety and least risk. The balance in the pooled cash account is available to meet current operating requirements. Cash in excess of current requirements is invested in various interest-bearing accounts and other investments for varying terms. Investments are stated at fair value. Market value is used as fair value for those securities for which market quotations are readily available. The City participates in an investment pool managed by the State of California titled Local Agency Investment Fund ("LAIF'') which has invested a portion of the pool funds in structured notes and asset-backed securities. LAIF determines fair value on its investment portfolio based on market quotations for those securities where market quotations are readily available and based on amortized cost or best estimate for those securities where market value is not readily available. LAIF investments are subject to credit risk with the full faith and credit of the State of California collateralizing these investments. In addition, these investments are subject to market risk and changes in interest rates. Cash equivalents are considered amounts in demand deposits and short-term investments with a maturity date within three months of the date acquired by the Authority and are presented as "Cash and investments" in the accompanying basic financial statements. 25 of 37 14 April 10, 2021, Item #4POWAY HOUSING AUTHORITY Notes to the Basic Financial Statements Year Ended June 30, 2020 Note 1-Reporting Entity and Summary of Significant Accounting Policies {Continued) D. Capital Assets Capital assets, which include property, plant, equipment and infrastructure assets (e.g., roads, streets, sidewalks, medians and storm drains) are reported in the Government-Wide Financial Statements. Authority policy has set the capitalization threshold for reporting capital assets at $5,000. Capital assets are valued at historical cost or estimated historical cost if actual historical cost was not available. Donated assets are valued at their estimated acquisition value on the date donated. Depreciation is recorded on a straight-line basis over estimated useful lives of the assets as follows: Buildings Building improvements Furniture and equipment Infrastructure 10-50 years 10-100 yea rs 5-20 years 20-50 years E. Deferred Outflows/Inflows of Resources In addition to assets, the balance sheet will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of fund balance that applies to future periods and so will not be recognized as an outflow of resources (expenditure) until then. The Authority currently has no items that qualify for reporting in this category. In addition to liabilities, the balance sheet will sometimes report a separate section for deferred inflows of resources. This separate financial element, deferred inflows of resources, represents an acquisition of fund balance that applies to future periods and so will not be recognized as an inflow of resources (revenue) until that time. The Authority currently has no items that qualify for reporting in this category. F. Net Position Net position is comprised of the various net earnings from operating income, non-operating revenues and expenses. Net position is classified in the following categories: Net Investment in Capital Assets -This component of net position consists of capital assets, net of accumulated depreciation, reduced by the outstanding balances of debt that are attributable to the acquisition, construction, or improvement of those assets. Restricted -This component of net position consists of restricted assets and deferred outflows of resources reduced by liabilities and deferred inflows of resources related to those assets. Unrestricted -This component of net position is the amount of the assets, deferred outflows of resources, liabilities, and deferred inflows of resources that are not included in the determination of net investment in capital assets or the restricted component of net position. When an expense is incurred for purposes for which both restricted and unrestricted net position are available, the Authority's policy is to apply restricted net position first. 26 of 37 15 April 10, 2021, Item #4POWAY HOUSING AUTHORITY Notes to the Basic Financial Statements Year Ended June 30, 2020 Note 1-Reporting Entity and Summary of Significant Accounting Policies (Continued) G. Fund Balances In the governmental fund financial statements, fund balances are classified in the following categories: Nonspendable -Nonspendable fund balances are items that cannot be spent because they are not in spendable form, such as prepaid items and inventories, items that are legally or contractually required to be maintained intact, such as principal of an endowment or revolving loan funds. Restricted -Restricted fund balances encompass the portion of net fund resources subject to externally enforceable legal restrictions. This includes externally imposed restrictions by creditors, such as through debt covenants, grantors, contributions, laws or regulations of other governments, as well as restrictions imposed by law through constitutional provisions or enabling legislation. Committed -Committed fund balances encompass the portion of net fund resources, the use of which is constrained by limitations that the government imposes upon itself at its highest level of decision making, normally the governing body through council resolutions, etc., and that remain binding unless removed in the same manner. The Board of Commissioners is considered the highest authority for the Authority. Assigned -Assigned fund balances encompass the portion of net fund resources reflecting the government's intended use of resources. Assignment of resources can be done by the highest level of decision making or by a committee or official designated for that purpose. The Board of Commissioners has authorized the Executive Director for that purpose. Unassigned -This category is for any remaining balances that are not classified as nonspendable, restricted, committed or assigned. When expenditures are incurred for purposes for which both restricted and unrestricted fund balances are available, the Authority's policy is to apply restricted fund balances first, then unrestricted fund balances as they are needed. When expenditures are incurred for purposes where only unrestricted fund balances are available, the Authority uses the unrestricted resources in the following order: committed, assigned, and unassigned. H. Estimates The preparation of financial statements in conformity with U.S. GAAP requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. Note 2 -Cash and Investments Equity in Cash and Investment Pool of the City of Poway The Authority does not have a separate bank account; however, the Authority's cash and investments are maintained in an investment pool managed by the City. The Authority is a voluntary participant in that pool. This pool is governed by and under the regulatory oversight of the Investment Policy adopted by the City Council of the City. The Authority has not adopted an investment policy separate from that of the City. 27 of 37 16 April 10, 2021, Item #4POWAY HOUSING AUTHORITY Notes to the Basic Financial Statements Year Ended June 30, 2020 Note 2 -Cash and Investments (Continued) The fair value of the Authority's investment in this pool is reported in the accompanying financial statements at amounts based upon the Authority's pro-rata share of the fair value calculated by the City for the entire City portfolio. The balance available for withdrawal is based on the accounting records maintained by the City, which are recorded on an original cost basis. At June 30, 2020, the Authority had a cash balance of $5,052,402. Note 3 -Capital Assets The summary of changes in capital assets for the year ended June 30, 2020 is as follows: Capital assets, not being depreciated: Land Total capital assets, not being depreciated Governmental activities -capital assets Note 4 -Related Party Transactions Balance June 30, 2019 $ 18,582,674 18,582,674 $ 18,582,674 Additions Deletions 676,764 (5,341,614) 676,764 (5,341,614) 676,764 (5,341,614) Balance June 30, 2020 13,917,824 13,917,824 13,917,824 In an effort to ensure that the objectives of Poway's Redevelopment Plan and the Poway Redevelopment Agency's (Agency) 5-Year Implementation Plan are fulfilled, on March 11, 2011, the Agency transferred all housing-related assets to the Authority through a Cooperation Agreement between the Agency and the Authority. Under the terms of this agreement, the Authority agreed to respectively carry out the projects and activities of the Agency in accordance with the objectives and purposes included in the Redevelopment and Implementation Plans. Projects included in the Cooperation Agreement between the Agency and the Authority further the goals of the Redevelopment Plan. It was initially anticipated that these projects would be funded based on available tax increment to be received through 2037, but because of the dissolution of the Agency under AB Xl 26, tax increment revenue has been eliminated, and therefore, no funding for these projects from that source is available. Future project funding will come from the management of the Authority's assets and may include interest revenue, lease revenue, residual receipt revenue and the sale of assets. During the fiscal year ending June 30, 2020, the City and Housing Authority entered into a Property Exchange Implementation Agreement (Agreement) to exchange some land for an affordable housing and related retail project. The City's approximately 0.90 acre of land with a book value of $676,764 was exchanged with the Housing Authority's approximately 2.91 acres of land with a book value of $2,757,140. Subsequently, the land parcels were sold for the Poway Commons project. As part of the Agreement to make Housing Authority whole (as if the parcels of land were not exchanged and Housing Authority sold the land to the developer directly), the City transferred $1.S million to Housing Authority. Note 5 -Rehabilitation Loan Program Housing Rehabilitation Loan Program 28 of 37 17 April 10, 2021, Item #4POWAY HOUSING AUTHORITY Notes to the Basic Financial Statements Year Ended June 30, 2020 There are two types of housing rehabilitation loan. Forgivable rehabilitation loans are forgiven at a rate of 10% per year given all loan covenants are met. Non-forgivable loans are due upon the sale, transfer or foreclosure of the property. Due to the contingent nature of the repayment schedule of these loans, there is an allowance recorded at 100% of the outstanding balance. The balance of the non-forgivable rehabilitation loans at June 30, 2020 is $7,870. Note 5 -Rehabilitation Loan Program (Continued) Affordable Housing Loans These loans are made to aid in the purchase of affordable housing in the City of Poway. They are for a 45-year term with no interest and if there is a sale, transfer or foreclosure before the end of the term the loan must be assumed by an income qualified buyer and the 45-year term starts over. Due to the contingent nature of the repayment schedule of these loans, there is an allowance recorded at 100% of the outstanding balance. The balance of these Affordable Housing loans at June 30, 2020 is $2,690,132. Development Loans The City, through the Housing Authority, has development loans primarily for affordable rental housing projects and for one group home for the developmentally disabled. The affordable rental housing loans have 55-year to 57-year terms with three percent simple interest. Loan payments are made from residual receipts and generally do not cover the annual accrued interest. Therefore, due to the contingent nature of the repayment schedule of these loans, there is an allowance recorded at 100% of the outstanding balance. The balance of the development loans, including accrued interest, at June 30, 2020 is $39,646,955. 29 of 37 18 April 10, 2021, Item #4This page intentionally left blank 30 of 37 19 April 10, 2021, Item #4This page intentionally left blank 31 of 37 20 April 10, 2021, Item #4REQUIRED SUPPLEMENTARY INFORMATION 32 of 37 21 April 10, 2021, Item #4REVENUES Charges for services $ Investment income Other revenues Total revenues EXPENDITURES Current: General government Development services Total expenditures Excess {deficiency) of revenues over {under) expenditures OTHER FINANCING SOURCES (USES) Proceeds on the sale of property Intergovernmental revenues Total other financing sources {uses) Net change in fund balance $ Fund balance, beginning of year Fund balance, end of year 33 of 37 POWAY HOUSING AUTHORITY Budgetary Comparison Schedule Year Ended June 30, 2020 Budget Amounts Original Final 30,108 29,208 51,700 51,700 40,000 40,000 121,808 120,908 11,000 23,850 130,200 197,569 141,200 221,419 {19,392) {100,511) 1,196,946 1,493,304 2,690,250 {19,392) 2,589,739 22 Actual Variance with Amounts Final Budget 30,012 804 174,793 123,093 23,324 {16,676) 228,129 107,221 16,208 7,642 15,441 182,128 31,649 189,770 196,480 296,991 1,196,946 1,493,304 2,690,250 2,886,730 296,991 2,199,704 $ 5,086,434 April 10, 2021, Item #4POWAY HOUSING AUTHORITY Note to Required Supplementary Information Year Ended lune 30, 2020 Note 1 -Budgetary Information The Authority adopts an annual budget prepared on the modified accrual basis for its major fund. The Executive Director is required to prepare and submit to the Authority's Board of Commissioners the annual budget of the Authority and administer it after adoption. Any revisions that alter the total appropriations of any fund must be approved by the Board of Commissioners. Prior year appropriations lapse unless they are encumbered at year-end or re-appropriated through the formal budget process. For the major fund, total expenditures may not legally exceed total appropriations. Budget information is presented for the major fund on a basis consistent with generally accepted accounting principles. Budgeted revenue and expenditure amounts represent the original budget modified for adjustments during the year. 34 of 37 23 April 10, 2021, Item #4Davis Farr LLP 2301 Dupont Drive I Suite 200 I Irvine, CA 92612 Main: 949.474.2020 I Fax: 949.263.5520 Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Poway Housing Authority City of Poway Poway, California INDEPENDENT AUDITOR'S REPORT We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, and the major fund of the Housing Authority of the City of Poway (Authority), a component unit of the City of Poway (City) as of and for the year ended June 30, 2020, and the related notes to the financial statements, which collectively comprise the Authority's basic financial statements, and have issued our report thereon dated December 23, 2020. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the Authority's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of The Authority's internal control. Accordingly, we do not express an opinion on the effectiveness of the Authority's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Authority's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance 35 of 37 24 April 10, 2021, Item #4with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Authority's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Irvine, California December 23, 2020 36 of 37 25 April 10, 2021, Item #4This page intentionally left blank 37 of 37 26 April 20, 2021, Item #5~ AGENDA REPORT City of Poway CITY COUNCIL DATE: TO: FROM: CONTACT: SUBJECT: Summary: April 20, 2021 Honorable Mayor and Members of the City Cou,~I Eric Heidemann, Director of Public Works ( ~ Shadi Sarni, Principal Civil Engineer 55 (858) 668-4717 or ssami@poway.org Approval of the Sixth Amendment to the Agreement between the City of Poway and Infrastructure Engineering Corporation (IEC), for Engineering Services during the Bid and Construction Phases of the Clearwell Bypass Project (WTR0029) This amendment to the Agreement will provide engineering services during the bid and construction phases of the Clearwell Bypass Project. Recommended Action: It is recommended that the City Council authorize the City Manager to approve and execute the Sixth Amendment to the Agreement with Infrastructure Engineering Corporation (IEC) for Engineering Services during the Bid and Construction Phases of the Clearwell Bypass Project per the terms outlined in the Agreement. Discussion: On May 7, 2019, the City Council approved an agreement with Infrastructure Engineering Corporation (IEC) for design services of the Clearwell Upgrades Project for a not-to-exceed amount of $385,821.00 (Attachment A). The title of the project has since changed to the "Clearwell Bypass Project". As we've further refined the scope of the project, additional design services were needed for the additional components of the project. The original scope of the project consisted of the replacement of the clearwell cover, as well as preliminary site assessments for the development of future maintenance/rehabilitation projects at the clearwell. Subsequent assessments determined that the clearwell liner is also in need of replacement. The design scope was then revised to include the replacement of the liner. Further analysis also determined that the overflow structure needs to be replaced. The Clearwell Bypass Project's scope was developed to enable the replacement of the clearwell by bypassing it. Subsequent amendments to the agreement include the following changes: 1 of 151 April 20, 2021, Item #5On November 22, 2019, the City agreed to amend the compensation and reimbursement provisions of the agreement in an Amendment Letter from a not-to-exceed amount of $385,821.00 to a not-to-exceed amount of $499,995.00 and revise the Scope of Work in accordance with Attachment B. On January 17, 2020, the City agreed to amend the compensation and reimbursement provisions of the Agreement in an Agreement Letter (Attachment C) from a not-to-exceed amount of $499,995.00 to a not-to-exceed amount of $787,855.00 and revise the Scope of Work in accordance with Attachment C. On July 14, 2020, the City agreed to amend the Scope of Work in an Amendment Letter in accordance with Attachment D. On January 7, 2021, the City and Consultant agreed to amend the compensation and reimbursement provisions of the Agreement from a not-to-exceed amount of $787,855.00 to a not-to-exceed amount of $830,230.00 in the Fourth Amendment to the Agreement. The Scope of Work was also revised in accordance with Attachment E. The parties agreed that the provisions of the Letter Agreements are treated as formal amendments to the Agreement and are at all times subject to all the terms and conditions of the Agreement. On February 8, 2021, the City and Consultant agreed to amend the compensation and reimbursement provisions of the Agreement from a not-to-exceed amount of $830,230.00 to a not-to-exceed amount of $861,355.00 in the Fifth Amendment to the Agreement. The Scope of Work was also revised in accordance with Attachment F. This Sixth Amendment to the Agreement consists of engineering services to be provided by IEC during the bid and construction phases of the Clearwell Bypass Project for a not-to-exceed amount of $116,373.00. This Sixth Amendment increases the total not-to-exceed amount of the Agreement from $861,355.00 to $977,728.00 and revises the Scope of Work in accordance with Attachment G. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: There is sufficient funding available in the Clearwell Bypass Project (WTR0029). Public Notification: None. 2 of 151 April 20, 2021, Item #5Attachments: A. May 7, 2019 Consultant Agreement with IEC B. November 22, 2019; Amendment Letter to amend the Agreement with IEC C. January 17, 2020; Amendment Letter to amend the Agreement with IEC D. July 14, 2020; Amendment Letter to amend the Agreement with IEC E. January 7, 2021; Fourth Amendment to the Agreement with IEC. F. February 8, 2021; Fifth Amendment to the Agreement with IEC G. Sixth Amendment to the Agreement with IEC Reviewed/ Approved By: Assistant City Manager 3 of 151 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chr~ City Manager April 20, 2021, Item #5City of Poway COUNCIL AGENDA REPORT APPROVED APPROVED AS AMENDED (Sf:E I UTESJ DENIED REMOVED • CONTINUED ____ _ DATE: TO: FROM: CONTACT: SUBJECT: Summary: ay 7, 20 9 Honorable yor an ember o e C y Council obert a i , Director of Development Se ices M Melody occo Senior Civil Engi eer ~ (858) 668-4653, mrocco@poway.org RESOLUTION NO. Approval of Cons I an Agreement be een the City of Poway and IEC for De i n Servi es f r e Clearwell Upgra e Projec ; (CIP R0020) This Consultant Agreement will provid design services for the Clearwell Upgrades Projec . R commended Action: It i reco m n e th t he Cfty Council a thorize the Ci y anager o e ecut t e Agreemen t I fras ructure E 91ne ring Car or tio (IEC) for D i n S rv,ces for th Cl rwell Upgrade Projec per the ou llned terms o the Co ultant Agreement (At a h ent A). Discussion: The City's Water Treatme t Plan treats ra v water provided by the San Diego Co nty Wa er Au hori y. Treated ater fro the plan 1s held in the Clearwell which is a 10-m Ilion-gallon concrete reservoir wi h a floa ing co er rior to entering the distribu io syste . The flea ing cover was la t re laced in 1998. On March 5, 2019, the Development Serv ces Department put out a Request for Proposal (RFP #19-017) for design service for the Clearwell Upgrades Project and received one proposal. This proje t include completion of a it assessme t report for the Clearwell as well as development of plans, specif1ca ions, and estima es for replacem n of he Clearwell loa ing cover and mainte a ce of hat hes and s airs for the Clearwell. fter careful review o the o e proposal ecei ed staff determined ha IEC w s highly quali ied for he design wor required A proval of this Agreement will provide professional design services for the Clearwell Upgrades Project. The s o e of the services will be conducted in two parts. The first part incl des pe orming a preliminary inves ig tio / ite assessm nt t at will be used to develop future ain enance/rehabilltatlon projects at th Clea ell The second part will b conduct d o cur ently ith the assessmen and I eludes repa,at o of the co struct1on docum n s e e sary or replace e -of the floa , g cover a d o r ma1 tenance I ems The consultant will assist City staff ith h construction adm1nis atI0 tas s as ell as spec al y inspection of the floating cover i stallation. 4 of 151 ATTACHMENT A M y 7 2019 Item #1.5 April 20, 2021, Item #5Environmental Review~ his action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: he consultant's fee will be based on the scope of work as outlined in the Agreement. The not-to-exceed fee of $385,821 for design services will e the basis for this effort There is $520,000.00 currently available in the Clearwell Upgrade P oject (WTR0020). Public Notification: IEC, 14271 Danielson Street. Poway, CA 92064 Attachments: A. Consultant Agreement Reviewed/Approved By: We dy Kaserman Assistant City Manager 5 of 151 Reviewed By: Alan Fenstermacher City Attorney Approved By: I' Tina M. White City Manager ~ May 7, 2019 Item #1.5 April 20, 2021, Item #5ATTACHMENT A City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 8th day of May, 2019. by and between the CITY OF POWAY (hereinafter referred to as "City') and INFRASTRUCTURE ENGINEERING CORPORATION (hereinafter referred to as 11Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consuftant to perform design services for the Clearwell Upgrades Project {Project); and WHEREAS, Consultant is a civil engineering consultant and has represented that Consultant possesses the necessary quafificatlons to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS f\1UTUALL Y AGREED THAT CITY DOES HEREBY RETAIN CONSULT ANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Servrces. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement sha I be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Term I nation. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shafl perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services. or the failure to perform services as directed by City. Tennination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shafl be effective upon delivery of said notice. 1 6 of 151 May 7, 2019, Item #1.5 April 20, 2021, Item #56. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disciose any part thereof w·thout the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that {i) has been disclosed in publicly available sources of information; {ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; o (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure the eof has been or is rightfully authorized by that third party. Consultant shall not cisclose any reports, recommendations, conclusions o o her resurts of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall compty with a I legal obligations it may now or hereafter have respecting the information or other property of any o her person. firm or corporation. 6. Office Space and Clerical Support. Consultant shall provde its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure t is Agreement, that it has not paid or agreed to pay any company or person, other than a bona flde emproyee, 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 sharl be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest arid Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose Interests conflict in any way with those of the Ci y of Poway. Consultant stlall at all tr mes comply With the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediatery disqualify itself and shall not use its official position to influence in any way any matter corning before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require It to disqualify itself from any matter on which it mig t perform services for the City, 2 7 of 151 May 7, 2019, Item #1.5 April 20, 2021, Item #5"Consultant'' means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whet er to: 1. Approve a rate, rure or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application. certificate, approval, order, or simila 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 guidel'nes for the City, or for any subdivision thereof; or (8) SeNes in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission. or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: ~ 1. Consultant/Ca,tractor will not be ''makf ng a government decision" or ''serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be «making a government decision" or "serving in a staff capacity'' as defined in Sections A and 8 above. As a result, ConsultanUContractor 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. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during he contract period and for three (3) 3 8 of 151 May 7, 2019, Item #1.5 April 20, 2021, Item #5years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an Independent contractor and shall not be an employee of the City of Poway. City shall tiave the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insura ce as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) o her than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials. officers. agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, clafms, actions. causes of action, proceedings, suits. damages, judgments, liens, levies, costs and expenses, including reasonable attorneys1 fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s). damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services! lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hard harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub~consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 4 9 of 151 May 7, 2019, Item #1.5 April 20, 2021, Item #5(c) The foregoing obligations of Consultant shall not apply to the extent that the Cfaims arise from the sole negligence or wilful misconduct of City or Its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 16 shall not be limited in any way by any limitation o the amount or type of damages1 compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice o any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, If Consultant fails to ta e such action as is necessary to make a claim under any ~uch in~urance policy, Consul ~nt s;half raimbur~e City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other rigtit 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. 1s. Assumption of Risk, Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with. the performance of Consultant's obtigations under this Agreement. including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for Injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, exp~essed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving ora or written notice to Consultant to such effect. 5 10 of 151 May 7, 2019, Item #1.5 April 20, 2021, Item #5Consultant'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" at ached 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, rsgistsrgd 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 bro ght in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civ'I Procedure section 394. The prevaflfng 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 1he subject of such an action is compensation claimed by Consultant in the even of termination, Consultant's damages shall be limited to compensation for the 60-day perio for which Consultant would have been ent~led to receive compensation if terminated wl hout cause. and ne~her party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in tt,e masculine, feminine, or as ''it,'' "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be va id and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the Catifornia Public Employees' Retirement System (CalPERS) and shall not become members of Ca1PERS while providing services to City. 6 11 of 151 May 7, 2019, Item #1.5 April 20, 2021, Item #5Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CaPERS to perform services for City. the retired annuitant is in full compliance with Government C de 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. 26. Severability. If any provision of thi~ Agr99ment i~ determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any ex1ent, tha 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) 7 12 of 151 May 7, 2019, Item #1.5 April 20, 2021, Item #5IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-----------Chris Hazeltine, Ci y Manage Date: __________ _ ATTEST: Faviola Medina, City Clerk APPROVED AS TO FORM: By:------------Alan Fenstermacher, City Attorney 13 of 151 8 INFRASTRUCTURE ENGINEERING CORPORATION By:------------Robert Weber, President Date: ___________ _ May 7, 2019, Item #1.5 April 20, 2021, Item #5"SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the design services further described in the Scope of Services submitted with the proposals dated April 15, 2019, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully se forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated April 15, 2019, which are included in this document as Attachment 2. Total fee is not to exceed $385,821. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consul ant shall be reimbursed for all reasonable expenses, including lodging. telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. Alt expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be bi[fed at coach or special fare rates. Reimbursement for lodging Is llmited to travel from outside of San Diego County. Consultant shall receive prior authorization for air traver and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall commence and be effective as of May 8, 2019 CEffective Date''), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided i the section of this Agreement entitled ''Termination.'' Upon the termination of this Agreement. Consurtant shall return to City any and all equipment. documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liabilityf including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liabili y $1,000,000 Bodily lnjury and Property Damage combined each occurrence and $2,000,000 aggregate. 1 14 of 151 May 7, 2019, Item #1.5 April 20, 2021, Item #5(b) Automobile liability. including owned, hired, and non-owned vehicres: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain. during the life of the Agreement, a policy of Professionar Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Worka-s' Compensation insurance in statutory amount. All of the endorsements which are required above shaU 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.) 11City of Poway and its elected and appointed boards, officers, agen s, and employees are additional insureds with respect to this subject project and contract with City." (b) ~ 11Said policy shall not termina e, nor shaH it be canceled, until thirty {30) days after written notice is given to City." (C) "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insu ance 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, biHings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 2 15 of 151 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 Infrastructure Engineering Corporation 14271 Danielson Street Poway, CA 9207 4 May 7, 2019, Item #1.5 April 20, 2021, Item #5EXHIBIT 11B" Cal Gov Code§ 7522,56 Deering1s Cal1fomia Codes are urrent through all 1016 chapters of the 2018 Regular Session and the No ember 6, 2018 Ra11ot Measures. DeerJng's California Codes A1111otated > GOVERNMENT CODE> Tille 1 Ge11eral > 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 an)· 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 hy, a public employer in the same public retirement sy tern 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 wi hout 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 I im ited duration. (d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retiremellt 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 right under this section with respect to the employment unless he or she reinstates from retirement. (e) 16 of 151 (l)Notwithstanding subdi ision (c), any retired person sha11 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 compcn ation arising out of prior employment subject to this section with May 7, 2019, Item #1.5 April 20, 2021, Item #5Cal Gov Code§ 7S22.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she i in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compens tion 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 peri d 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 151 (l)The employer certifies then ture 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 nece sary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Re ources. The department may establish a process to delegate appointing authority to individual stat agencies, but shall audit the process to determine if abuses of the system occur. If nee ssary, 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 l 80 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is neces ary to fill a critically needed position before 180 days have passed and approves the appointment in a pu lie 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 colJectivo bargaining agreement with the Cal ifomia State University that xistcd prior to January l, 2013, or has been included in ubsequent agreements. (4)Thc retiree is a public safety officer r firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 2 May 7, 2019, Item #1.5 April 20, 2021, Item #5Cal Gov C..ode § 7522.56 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligib]e 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 ubject to Secti n 24214. 24214.5 or 26812 ofthe Education Code. (i)This section shall not apply to ( 1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the emp]oyer 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 Sials 2012 ch 296 § 15 (AB 340). effective January l, 2013. Amended SJals 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevail ); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January I, 2015. Annotations Notes Amend men ts: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to pcrfonn a function or functions regularly performed by a public safety officer or firefighter' for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System11 for "Judges' Retirement System 1" in subd (i). 3 18 of 151 May 7, 2019, Item #1.5 April 20, 2021, Item #5Attachment 1 SCOPE OF SERVICES OVERVIEW • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • The City of Poway (City) Is proceeding with a project to replace the floating cover on the Clearwell at the Lester J. Berglund Water Treatment Plant (WTP). Included with thfs effort, the City Is seeking condition Information and a replacement/rehabilitation plan for key components of the Clearwell. The City has selected Infrastructure Engineering Corporation (IEC) to provide engineering services In support of the project (Project). The services for the Project will encompass the following major elements: • Inventory and assessment of the Clearwell componen s: geomembrane liner, Inlet/outlet and overflow structures in the Clearwell, the 42" and 30" efflue t pipes between the WTP and the Clearwell, inlet/outlet plpelines between the Clearwell and the Pump Station No. 1, and Clearwell drain pipes. • A reha ilitation/reha ilitation plan forthe Clearwell components. • Plans, specifications and opinion of construction cost estimate {PS&E) for the replacement of the Clearwell floating cover, Including the hatches, stairs and drain pumps. • Engineerlng support during the bid and construction phases of the project. • Construction inspection during the floating cover work. • Optional task to provide additional services if needed: -Surveying to develop base file for the floating cover design Described below are the specific tasks to be performed by IEC for the Project. All tasks are directed to IEC unless otherwise noted. SCOPE OF SERVICES • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • TASK 1 -PROJECT KICK-OFF AND DATA COLLECTION-------------Receive from City and review available documentation, reports, and record drawings. Prepare for and attend kick-off meeting with City Engineering and WTP operations staff. This meeting will be at the WT? and will include a site walk to discuss and coordinate the project scope, schedule, and identify potential additional project elements. TASK 2-CLEARWELL ASSESSME T --------------------2.1 -ULTRASONIC TESTING INVESTIGATION OF EFFLUENT PIPELINE For the effluent pipe segment In the pipe gallery, make a visual assessment of the pipe condition, and take coating thickness measurements, surface pit depth (if any) measurements, and spot ultrasonic testing measurements to obtain pipe wall thickness. City staff will make access available to the gallery by removing the grates and providing a ladder. 2.2 -MATERIAL TESTING OF CLEARWELL GEOMEMBRANE LINER Obtain coupons oft e geomembrane liner material, roughly 2 ft x 4 ft in size each, at up to four (4) locations and have them tested for thickness, tensile strength, tensile elongation, tear strength, puncture strength and high temperature l City of Powoy ~copo of leryicu for Clearwell Up9rade1 f'tojecT ~ 19 of 151 May 7, 2019, Item #1 .IJ:( April 20, 2021, Item #5SCOPE OF SERVICES oxidation Induction time. This will Involve cutting the existing floating cover above the hlgtl water level to expose the geomembrane llner and wlll require patching of holes in the geomembrane finer and floating cover. Repairs to the existing floating cover and geomembrane liner wlll be performed by City sta or the City wlfl engage a geomembrane specialty contractor to perform these repairs. 2.3 -FACILITY INVENTORY AND ASSESSMENT Provide guidance and coordlnatlon with the Clearwetl diver engaged by the City to inspect specific elements of the geomembrane liner. Meet once onsite with the diver. Receive and review the diver observations and photographs. Conduct a site visit with WTP staff to observe the accessible pipeline segments and valves on the WTP effluent pipe and Clear\Vell inlet/outlet/drain pipes. Usi g the information obtalned from the effluent pfpe wall thickness assessment, make a generar evaluation of the pipe condltio and potentlal remaining life of the pipe. Using the information obtained from the line testing and dive observations, make an assessment of the condition and remaining useful life of the liner. Develop estimates for new float Ing cover drain pump system Including possible need for to electrical power supply system upgrades. from the information compiled above, prepare a Draft Assessment Report that includes text and graphics (11x17) to present: a. Inventory of the Clearwell piping and appurtenances: identify current condition, useful fife, recommended maintenance, rehabilitation, and/or replacement schedule. b. Formulate a phased, systematic, multi-year rehabilitation/replac@ment plan with cost estimates, by component, for required work (if necessary based upon results of the assessment). c. Identify any future regulatory requirement changes and Impacts of those changes. Submit draft report in PDF format for City re lew. Following receipt of aty comments, meet once with City staff to discuss report and comments. Prepare a final report that Incorporates aBreed upon comments in Word and PDF format. TASK 3-DESIGN-----------------------3.1 -PLANS, SPECIFICATIONS AND ESTIMATE Prepare plans, specifications, and engineer's opinion of probable construction cost estimates (PS&E) for the replacement of the floating cover, Including access hatches, vents, access stairs, floating cover surface water drain pumps, and pump el~ctrical system modiflcatlons (if needed). Th plan set is estimated to include the following: • Two (2) General sheets including a title sheet, list of abbreviations, legend, general notes and ey map • One (1) Floating Cover Notes • One (1) Demolltlon Plan • One (11 Construction Sequence Plan • Twenty-one (21) Floating Cover Plan and Details • Five (5) Electrical Notes, Plan and Deta Is • Three (3) Erosion Control Plan and Details (ily of Poway ~:ope ot en: A or ·t•arwell Upgrodu Proj•<T ~ 20 of 151 IEC May 7, 2019, Item #1.5 April 20, 2021, Item #5SCOPE OF SERVICES The PS&E will be prepared accordlng to the following parameters: • Five (5) hard-copy sets of plans, specifications, estlma es, and contract documents will be submitted for City review at the 50%, 90% and 100% design stages. • Project design will be prepared In AutoCAD format, 2018 version, per the City's standards for Public Works contracts. The scale of the plans will be 1"=20 feet or as appropriate to depict the work for the respective disclpllne. • Contract specifications will consist of mark-ups of the City's General and Technical Provisions to make them project specific and will utilize current Greenbook and City supplemental specifications where practical. Additional supplemental specifications, such as the floating cover, wilf be provided in CSI format. • The engineer's opinion of probable construction cost wilt Include estimated quantities and unit co.sts for the proposed Improvements at each submlttal. • Provide an estimated number of working days for the cons ruction work. • Prepare plans for temporary erosion control for the project. Erosion control design will include current Best Management Practices and will conform to the City's JRMP requirements and applicable State agency requirements. The 50% design submittal wtll Include the following level of detall: • Preliminary general sheets, plan view sheet for the floating cover, and general electrical plan sheet. • Specifications will Include a list of the City's standard specifications and proposed supplementary specifications. • The Engineer's Opinion of Probable Construction Cost will include the base estimate and an appropriate level of contingency. The 90% design submittal will include the following level of detail: • Plans will be developed from the approved 50% drawings and include all plan, sections and details for all disciplines to the 90% complete level. • Specifications will include complete text for proposed supplementary specifications. • The Engineer's Opinion of Probable Construction Cost will be refined to Incorporate the additional detail of the 90% submittal. The 100% design submittal will include the following level of detail: • Plans will incorporate City comments on the 90% design. 100% plans are Intended to be final and will provide the City the opportunity to provide final comments prior to the production of final contract docume ts. • Specifications will incorporate City comments on the 90% design. 100% specifications are in ended to be final and will provide the City the opportu lty to provide final comments prior to the production of final contract documents. • The Engineer's Opinion of Probable Construction Costwlll be refined to incorporate City comments. Costs will be refined to account for changes from the 90% submittal. City of Powoy Scope ot 5erVltH for 1.leorwell UpgradH l"roject ~ 21 of 151 IEC May 7, 2019, Item #1.5 April 20, 2021, Item #5SCOPE OF SERVICES The final submlttal wlll be comprised of: • Bid-ready package of plans and specifications, stamped and signed by the Engineer of Record and the respective disciplines. • Mylar drawings (one set) • CD containing PDF version of all drawings, CAD files for the general and layout drawings, and Word files for each supplemental technical specification section. 3.2 -DESIGN COOROI A TION MEETINGS Prepare for and attend up to three (3) design review/coordination meetin~s scheduled to occur after each of the PS&E submlttals above. TASK 4 -DDW COORDINATION---------------------Prepare for and attend one meeting with California State Water Resources Board -Division of Drinking Water (DDW) to describe the project and get lnltlal Input. Submit the plans and specifications to DOW at the 50% and 90% design stages. Respond their questions and Incorporate their comments Into subsequent submittals. Assist the City with obtaining DDW approval for project. Provide these services on a time and materials basis up to the level of effort defined In the task budget. TASK 5-PROJECT MA AGEMENT DURING DESIGN--------------Administer the project and subconsultant cont acts. Provide monthly status reports describing progress during previous period, anticipated activities in upcoming period, and any pertinent project Issues. Additional correspondence will be handled via phone and email correspondence as needed. TASK 6 -ENGINEERING SUPPORT DURING BID AND CONSTRUCTION PHASES-----~ 6.1 -ENGINEE I G SUPPORT DURING BID PHASE Attend pre-bid meeting. Provide technical support relative to bidder questions and prepare a response to any questions within four (4) working days during the bidding period -submit responses to City as PDF. Provide these services on a time and materials basis up to the level of effort defined In the task budget. Addenda wUI be prepared and Issued by the City. 6.2 -ENGINEERING SUPPORT DURING CONSfRUCITON PHASE Provide support to the City related to the following activities up to the level of effort defined In the task budget: • Attend the pre-construction meeting. • Attend up to eight (8) construction progress meetings as requested by the City. City wlll organize meetings and prepare/distribute minutes. • Floating cover designer will make a total of up to twelve (12) one-day site visits to observe the floating cover construction at various stages. Provide written documentation of observations to the City in PDF format. --------~·-·····-··------~4 City of Poway :icope of )ervicu for <learwell Upgrade, rraJecr 22 of 151 May 7, 2019, Item #1.lf( April 20, 2021, Item #5SCOPE OF SERVICES • Review contractor submittals received from the City for conformance with the contract documents. Provide written response to the City via e-mall noting exceptions and/or comments within fifteen {15) working days. Estimate up to thirty (30) submittal Item reviews and re-reviews. • Review and respond to change orders, field orders, and RFls forwarded from the City. Provide responses {in e-mail or memorandum format) to the City within five (5) working days and in accordance with the contract documents. Estimate up to ten (10) re;ponses to change orders, field orders, and RFls. • Prepare record drawings by Incorporating "red-lined" changes, as documented and recorded by the contractor and/or construction manager, on the original Mylars. If the extent of changes makes it Impractical to revise an original Mylar sheet, lndrvtdual original Mytar sheets may be voided and replacement sheets may be added. Within one month of the receipt of the redri es, submit one set of original mylar record drawings and PDF file of all drawings. • In conjunction with the engineering services under this task, provide project management services during the construction phase: coordinate subconsultants and submit monthly reports describing progress during previous period, anticipated activities in upcoming period, and any pertinent project issues. TASK 7 -CO STRUCTION INSPECTION -----------------The services described below and level of effort estimated for this task assumes a construction period of up to seven (7) months total: two (2) months for procurement and fabrication of the floating cover and four (4) months for Installation, and one (1) month for close-out Provide ttiese services on a time and materials basis up to the level of effort defined In the task budget. • Preconstruction Conference -Attend conference wit Contractor and City. • Contract Administration/Management -Coordinate sub-consultant testing and specialty services; provide daily construction reports; notify the City of significant problems and discrepancies; perform Inspections; review the contractor's Record Drawings periodically and concurrently with contractor progress payments; and prepare project punch lists. Receive from City and review pertinent documents (e.g. shop drawings, submittals, responses to RFls, change orders, progress payment requests). • Photo Documentation -Review the Contractor's videotape of preconstruction site conditions prior to any comtruction operation to confirm existing conditions within the limits of work, adjacent areas to document and dearly depict pre-existing conditions. Take construction documentation photographs on a regular basis. Maintain a digital photographic library of significant construction activities. • Construction Progress Meetings -Attend weekly construction progress meetings with the Contractor and the City. • Construction Inspection -Provide part-time observation of the Contractor's work for compliance with the contract documents. This effort Is estimated to encompass an average of up to 2/3 time for the onsite inspector during the estimated 4 months of actl\Je construction. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the Contractor appropriate revisions to the methods and procedures used in performing the work. The Inspectors wilr not authorize extra work or approve of work that deviates from t e contract documents. Inspection does not include material manufacturing or shop fabrication inspections. City of Poway l<op• of $end<u for Clcorw•II Upgrodet Proj•d ~ 23 of 151 IEC May 7, 2019, Item #1.5 April 20, 2021, Item #5SCOPE OF SERVICES • Progress Payments -Prepare project-related invoices and progress payments. Submit all Invoices to the City's project manager with a re com menda ion stating the proper amount for payment. Use City provided format for monthly progress paymen s. • Project Closeout -Prepare punch list at closeout of the project Upon correction of deficie des, schedule, coordinate, and conduct a final walk-through prior to the acceptance of work with the City. Confirm that work, testing, cleanu and demobilization is complete. Check and submit final payment requests. Review and confirm that the contractor's project record drawings are complete and accurate. OPTIONAL TASK O-l -SURVEYING/MAP ING ---------------Perform a field topographic survey of the Clearwell and adjacent area a d prepare base map for the development of the design plans .. lf a thorized1 these services will be provided in conjunction with Task 3. SCHEDULE•••••••••••••••••••••••••••••••••••••••••••••••••••••••• Based on a Notice to Proceed on May 13, 2019, assuming tlmely scheduling of rneetlng and responses for information, and allowing two {2) weeks for submittal reviews by the City, the milestones for the major design phase tasks described above are estimated per the table presented below. MILESTONE ESTIMATED DATE final Assessment Report Final PS&E Submittal Bid and Award Comple ion (estimated assuming 2 months for City processing) Construction Completion (estimated assuming 7 months for construction) August 9, 2019 Augu.\t 30, 2019 October 31, 2019 May 2020 The schedule for the Draft Assessment Report assumes that the Oearwell liner coupon sampling, City-engaged dive inspection of the Clearwell, and effluent pipe testing can be sched led during the data collectlon period, The schedule for the PS&E assumes that optional surveying effort (Task 0-1) will not be required and that the preparation of the design will proceed in parallel with the Assessment Report effort. The intermediate submittal deadlines will be coordinated with the City at the outset of the project. The schedule for Tasks 6 and 7, support during the Bld and Cons ruction Phases, will depend on the City's actual schedule for the bidding, award and construction phases. City of Poway S,opo of S•nri~•• for Cle.rwell Vp9ra.lu Project ·~ 24 of 151 IEC May 7, 2019, Item #1.5 April 20, 2021, Item #5SCOPE OF SERVICES INFORMATION AND SUPPORT TO BE PROVIDED BY CITY • • • • • • • • • • • • • • • • • • • • • • • Following Is a description of what is expected and required from the City to execute the Project described above: • Provide all as-built plans and In ormation regarding WTP operations pertinent to the assessment, design and construction of Project. • Operate valves associated with Clearwell and report on valve performance and tightness. • Assist with field assessment of valves. • Provide access to plant for data collection on effluent pipeline incfuding coordination with operators, access to plant area, access to effluent pipe gallery by removing the grates and providing a ladder, facilitate access to pipe via the weir vault, and temporary shutdown offlow In the effluent pipe. • Perform floating cover annual dive inspection at beginning of Assessment Study phase and allow dive Inspection to Include pertinent areas of interest for the geomembrane liner assessmen . • Asslst with removal of geomembrane liner coupons for testing. Repair floating cover and geomembra e liner following coupon removal. • Define existing SCADA equipment and requirements so they can be replaced-in-kind as part of the floating cover replacement. • Provide input regarding acceptable contractor staging areas. • Provide timely review/comment on submittals. • Have decision makers available in a tirnely manner for meeting and site walks. • Consolidate all design submittal comments and any divergent or contradictory comments reconciled prior to retLirn to IEC. • Assist in managing scope creep. • Return phone call and email correspondence and respond to questions and requests for documents in a timely manner. • Provide submittal review comments within the agreed upon scheduled review period. • Durfng the construction phase, City will provide general construction management and admin stratlon of the project Including: City of Poway o Project Management -Initiate project activities and provide general project oversight. Establlsh document control system and procedures for documenting communications end correspondence. Provide examples of forms (e.g. submittals and RFls) that IEC and Contractor will be required to use. o Preconstruction Conference -Schedule and conduct a conference with the Contractor to cover overafl project objectives, responsibiities of key personnel and agencies, schedules, schedule of values, submittal and RFI processing, correspondence, permit requirements, progress payments, and other pertinent topics. o Contract Administration/Management -Handle contract compliance, change/claims processing, negotiations and contract interpretation and enforcement. Document and distribute relevant project communications to applicable parties; conduct meetings; coordinate with WTP operators regarding $~UfD .. , ~ ... .,,, ... ,,., cl.urw•ll Up9, .. d •• Proj•d ------•-·-···•···•--•-•··--Ii 25 of 151 IEC May 7, 2019, Item #1.5 April 20, 2021, Item #5SCOPE OF SERVICES --------------------------------·------·· connections and operations; investigate daims; ensure stormwater compliance; prepare project punch lists; and other tasks as pertinent to management of the contract. o Reports and Communications -Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, daily inspection reports, dates of utility seNice interruptions, and all other project correspondence. o Construction Progress Meetings -Schedule and conduct weekly construction progress meetings with the Contractor. Provide and dlstrl ute meeting agendas and minutes of the meetings with identified action items. o Shop Drawings and Submittal Reviews -Log, track, distribute and monitor shop drawings, data samples, submittals, and manuals from the Contracto . Submit shop drawings and submittals to IEC design team for review. Submit accepted submittals to the IEC inspection team during construction. o Plans and Specifications Inter retation -Review and respond to Contractor RFJs that are of a general nature. Submit technical RFls to IEC for response. o Progress Payments -Process project-related invoices and progress payments. o Contractor Claims and Change Orders -Administer Contractor or City initiated claims, changes, extra work, and change orders. Negotiate all claims to an agreed contractor/designer/ City conclusion. o Stormwater Inspection -Provide observation to confirm that Contractor1s work is in compliance with the State Water Resources Control Board (SWRCB) and Order No. 2O09-OO09-DWQ for Waste Discharges of Storm Water Runoff Associated with Construction and Land Disturbance Activities Construction General Permit (CGP). Prepare National Pollutant Discharge Elimination System {NPDES) reports as required per requirements. o Project Closeout -Coordinate with IEC Inspector for review of punch list at closeout of the project, and assist with final walk-through prior to the acceptance of work. Process final payment requests. ASSUMPTIONS • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 1. The following elements are not Included but can be can be added upon mutual written agreement: a. Coordination with outside utility agencies (e.g. SDG&E for modified power supply} and the design for any utility relocations. b. Services associated with procurement or replacement of the geomembrane riner, inlet/outlet pipes and valves. c. Instrumentation and SCADA system modifications or upgrades. d. Site improvements adjacent to the Clearwell (e.g. paving and peripheral erosion control measures). e. Support for CJearwell start-up and preparation of operation and maintenance manuals. f. Clearwell start-up services 2. City will pay all permit and review fees required by revtewlng agencies (e.g. DOW). City of Poway $,op• of $•rYi~•· lo, c, ... , well Ups• .. J •• p,.,j.,1 ···-···-·---· -·. ···-·----··-···----~ 26 of 151 IEC May 7, 2019, Item #1.5 April 20, 2021, Item #5SCOPE OF SERVICES ---------------------------------------·-·----3. It is assumed, but not certain, that ODW wlll allow partial floating cover removal and replacement while the adjacent half of Clearwell remains In operation. Design changes or addltlonal efforts beyond those described In the Scope of Services above that may be needed to address speclal requirements (e.g. develop extraordinary measures to protect water quality, design rework, or scope changes due to DDW's disapproval this construction approach) are not included but can be can be added upon mutual written agreement. 4. Clearwell is not a CA Department of Safety of Dams (DSOD) jurisdictional facility and therefore DSOD coordination, revjews, and approvals cJre not included. S. Fee includes up to (4) existing geomernbrane liner material samples with testing costs not to exceed $2,500. 6. For SCADA, City will define existing measurement devices in the Clearwell and they will be defined as replace In kind. 7. Noise analyses, surge analyses, or hazardous materials assessments are not required. 8. Environmental permit compllance and permlt requirements wlll be provided by others. Compliance requirements pertinent to the construction will be Included In the project specifications during design. 9. Project design will compfy with regulations and codes in force at the time of the design. 10. Unless specifically provided In the scope of services, IEC will rely upon the accuracy of data and information provided by the City or others without independent review or evaluation. 11. Opinions of construction cost prepared by IEC represent our judgment as a design professional and are supplied for the general guidance of the City. Since IEC has no control over the cost of labor and material, or over competitive biddir,g or market conditions, IEC does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 12. Documents, drawings, specifications, and electronic information/data, including computer aided drafting and design ('1CADO"), prepared by IEC and its subconsultants pursuant to this agreement are not intended or represented to be sultable for reuse by City or others on extensions of the Project or on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from IEC will be at City's sole risk and without liability to IEC or its subconsultants. Electronic data delivered to City is for City1s convenience and shall not include the professional stamp or signature of an engineer or architect. City agrees that IEC and its subconsultants shall not be liable for claims, liabilities or losses arising out of, or connected with the decline of accuracy or readability of electronic data due to inappropriate storage conditions or duration. 13. IEC and its subconsultants are not qualified nor Hcensed to address hazardous materials. As such, IEC and its subconsultants shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to hazardous materials in any form, if such Is present at any of the project sites. 14. The construction contractor will be required to assume sole and complete responsibility for job site conditions during the construction of the project1 Including safety of all persons and property. IEC shall not ha"e control over or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, as these are solely the responslb11ity of the construction contractor. City of Poway ~cope ol ~•rvlcu for cl»C1~ V~ J1n P,·..,j,ti-cJ --------···· ·--··---~ 27 of 151 IEC May 7, 2019, Item #1.5 April 20, 2021, Item #5SCOPE OF SERVICES C 2019 HOURLY CHARGE RA E & EXPENSE REIMBURSEMENT SCHEDULE • • • • • • • Eoslos:ectoc Enyirooroeotol Engineering Intern/Technician .................. $ 80 Intern/Technician .......................................... $ 80 CADD Designer I/Engineer 1. ........................ $ 130 Technical Editor ............................................. $ 110 CADD Designer I I/Engineer 11. ...................... $ 145 Env Specialist I/Project Coordinator 1 ............ $ 120 CADD Designer Ill/Engineer 111 .................... $ 155 Graphic Artist ................................................ $ 120 Project Designer ......................................... $ 160 Lead Technical Editor ................................. , ... $ 130 Senior Designer/Project Engineer ............... $ 170 Env Specialist II/Project Coordinator 11 ......... $ 145 Senior Project Engineer ............................... $ 185 Env Specialist Ill/Project Coordinator 111 ........ $ 155 Senior Project Engineer Planning & IS ......... $ 200 Project Manager ............................................ $ 210 Project Manager ......................................... $ 220 Senior Project Manager ................................. $ 235 Senior Project Manager ................... ; .......... $ 235 Principal. ....................................................... $ 250 Principal ................................. , .................... $ 250 Program Management sucvevlo& AssiStant Program Manager .......................... $ 155 Survey Assistant 1... ..................................... $ 125 Program Manager ......................................... $ 185 Project Surveyor ......................................... $ 145 Prlncipaf. ...................................................... $ 250 Principal Surveyor ....................................... $ 170 Field -1 Person• ................... , .................... $ 170 Field -2 Person Crew• ............................... $ 260 Flow Monitoring Field Tech 1 ..................................................... $ 80 Field Tech 11. ................................................... $ 100 •construction Field Tech 111 ................................................... $ 110 Assistant CM Coordinator ........................... $ 100 field Supervisor ............................................. $ 125 CM Coordinator .......................................... $ 120 Field Operations Manager ............................. $ 160 Senior Construction Inspector .................... $ 150 Project/Data Manager ................................... $ 180 Resident Engineer ....................................... $ 160 Construction Manager ................................ $ 200 Senior Constructio Manager ..................... $ 210 Subconsultants will be billed at cost plus 5% unless specified otherwise in the agreement. All base rates will escalate by 3% per annum. • Field personnel rates are Inclusive of vehicle, mileage, phone, computer, survey equipment, etc. Inspection rates shown are for prevailing wage projects. Inspection rates for overtime are $30 dollars an hour more than the listed rate. Reimbursable costs Reproduction, special photography, postage, delivery services, express mail, printing, travel, parking, and any other specialty servlces performed by subcontractor will be billed at cost plus 15%. MIieage will be billed at the current IRS aHowed rate. City of Poway )cop• of ~arvicH for Cloorwell Upgradu f'rojecr Ii 28 of 151 May 7, 2019, Item #1_lE( April 20, 2021, Item #5N \0 0 -ti ..a. U1 ..a. ~ A) '< " ~ 0 ~ (0 ;::; CD 3 :it ....a. UI TasV ~ Taul THr~ 7 1 2.2 >.J T~J 3.t JJ TAK4 TA.UC TASll:6 6.l u TA5,l(7 Sr.~ TMt,/'S~.Dft<rlp(ion ~ sm.oo l'IIQIUT~J AIIO DATA CDULcnoN ·-lo,, ' IC"d<-CIIM«'I;. ' uT_li_,;..,.-,-..,~ 2 ,_.ltf\11 THtillr ct GtotMtnll,-u,,., 2 J'a ........ ~iM'Y1111dAIH1t,.,...nt 01,i,trCOO<dMlion and Sit• Vlwl FecllltvShcll".it . Fac_As.&_llM._ ?6 ,..__.,,~--■ill ' DlllCiiN 'f'llt..-!--••••-11-.: '1ftllw.l •:....J ....... l2 s.c~anwa--, 4 O•illieftoft'._.....,l't!A,eoct l -----u ' DOW QOOllll)INA Tl0lt ,... ..... ' --,■11o C-"'"'ts & ~•lion ~ ,_Cl(Cf MA/1111.GlMOO' DUNN!i OOMiN Prei_, ....... __ ,,,o,,~~ ... ., t-11'11!M, ~ 01,attM' Ill> 6 QONSTlll.:llal I'll~ aw,,.. •• A,1-tJ"""-Aid .,._h,.• . __ .,.,.,r,.i.-11,1,.._ ' ____ ,_ ""--~-... ) c.. ..... .,.. .. ._.__ ... ~_,... " F..__ COflltr n..i.,,e, S"M Vbiu 1121 -C.0,,,,,...-s.l,~ ' -.......,t110llfl\ ) -----1-l fM O..,rin. C.0-,uc:tio~ "'* 1' COISTRl..lt'N'.:ai 1"51lC'nCN 00n..-.,c;11QnA011hlnt~llon ln11M'ttioft ~tSobtottl • Houri 1'4 Tbks..t.<Olll-a..n $3as.&O Jil. flr'ojoff ""1i«:1 r.-t ,,.,_ DdJr- U00.00 c17"- 1' • 14 0 s,l.lQ) so C/TYOF POWAY aEARWEU UPGRADE PROJEG INFRA.STRUCTURE ENGINEERING CORPORATION FEEESnMATE f,.,_,.1/V ~,v Pto/tn ~ :sr.c~ CADIII~ CA!JIJ~ 5"IW'fOr 1~C-Mo,,.,,... $155.10 s1,soo 51000 '»6000 SllO.llO 4 • 4 C 2 • .a 1, • 10 2• l2 ' 12 • I • l 17 12 • 4 • 1, 237 4& 0 0 16 $:aG,TlS U,950 $b $0 U,>ce ~lo( ~ C,,fuo,tlittlft« t•r- SlM>.llD s"o.oo Ul0 420 ~0 0 ,a,,JOO ,0 S..Ota,k Su_,.. Toul o._a,., S.-.ttact ukr-H!Mn Laoo<C-. Co1l ~uo . ·-~ ~ i.:--...:..-~o • Sl.~ .SlO u""n~ u)OO ~7.lU • '<lO!IO ~ ,~u, h•JII ' ',]. 0,0 (0 !.IAO) S~.4,0 ' <.no m til1Q su.,o lZ s2:i.an 'ilO ,;a40 uuo .. <-1s..,, ~ (7.560 .... , .... ,. • s1~ '-10 u2, ~4t4 t1u..aa, "' S20111!1 S,00 U.7•» $t,us 1' OAIVI ~ SlJ-530 h ~un . h-(J\ .. "" t1~,, ,, SJ.!?S Ull il.GIQ i,llils .,._ -s,w.o ~" tins ca•··• u S2tl0 ~ U4'~ ss .... ~ $9..,,,, «> "•400 SC ~ .n- UJl40 4 ~-<10 •• u;, sfa1i 1.4 $2'50 ,;o U?U ~.a-is ' ~1170 ~ (t.M~ t2'1.0 24 ~--ia> ~ !.A7W) 0 so <ii' <301!S 'JQ1U 18 !.J'"" $0 <17540 :fa.,o 11 S1'4.S ~ "i~2so 7H~ n szou <;I) t<,"-70 $7-"S ,, $31'() <;I) ~ -~3 ''° ...... ._ 11.6 s1, 1Q> <.a t,~, '-1,as ~n <on ,nn <n t 'l4S1 <n~ lOO'.J >< Stn_s,s U.OIO Sll'l,,:I.Mi $3&5,lll TOTAL FEI (exdudinc OptionllTask): $385,821 .;.,J.St2D1, > = a> (") ;:r 3 CD ::s ,... ~ April 20, 2021, Item #5STl·'.\'J~ \'.\l S, \layor CITY OF POWAY DA \'I•: C ROSCI I, Deputy ,\Jayor C.\Yf.lN 1:R,\NI<, Councilmcmbcr B1\IU{Y 1 .1-:0N,\HD, Councilmcmbcr JOI IN :\(l'.LJ JN, < :ouncilmcmlx·r November 22, 2019 Anders Egense, P.E. Infrastructure Engineering Corporation 14271 Danielson Street Poway, CA 92064 Subject: Notice to Proceed: Design Amendment No. 1 for the Clearwell Upgrades Project Dear Mr. Egense: This letter will serve as your Notice to Proceed for Amendment No. 1 for the Clearwell Upgrades Project. The amended scope and basis of payment shall be in accordance with the not-to-exceed fee of $114,174.00 as provided in the enclosed copy of Amendment No. 1. The revised total not-to-exceed fee for the project is $499,995.00. If you have any questions or need further information, please do not hesitate to contact me at (858) 668-4653, or via email at mrocco@poway.org. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Senior Civil Engineer Enclosure: Amendment No. 1 c: Tom Frank, City Engineer Darian Demerjian, Management Analyst M:\CIP _Development\CIP Projects\WTR0020 Clean-veil Upgrades\Correspondence\Consultant\NTP IEC Amendment I Letter.doc 30 of 151 ATTACHMENT B City Hall Located at 13325 Civic Center Drivi,: Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.org April 20, 2021, Item #5Amendment No. 1 City of Poway Clearwell Upgrade Project Scope of Services BACKGROUND•••••••••••••••••••••••••••••••••••••••••••••••••••••• The City of Poway (City) has engaged Infrastructure Engineering Corporation (IEC) via an agreement dated May 15, 2019 to provide engineering services in support of a project to replace the floating cover on the Clearwell at the Lester J. Berglund Water Treatment Plant (WTP). Per the original scope of services, IEC has previously prepared and submitted the 50% design for replacement of the Clearwell floating cover only and provided a draft assessment report describing other key Clearwell components. The results of the assessment are that the geomembrane liner in the Clearwell has reached the end of its useful life and should be replaced at the same time as the floating cover. The assessment also notes that the six (6) concrete inlet/outlet structures in the Clearwell should be rehabilitated at the same time. Based on this information, the City has elected to revise the original project approach to have the floating cover, geomembrane liner and other project components described above replaced as part of the same project. This Amendment No. 1 describes the changes and additions in scope and fee for IEC to address these changes to the project. All tasks are directed to IEC unless otherwise noted. Changes and additions to the original scope tasks are described below. SCOPE OF SERVICES••••••••••••••••••••••••••••••••••••••••••••••••••••• TASK l -PROJECT KICK-OFF AND DATA COLLECTION-------------Review available documentation, reports, and record drawings pertinent to the geomembrane liner and inlet/outlet structures. Develop revised approach to construction of combined cover and liner. TASK 2 - CLEARWELL ASSESSMENT-------------------2.1 -ULTRASONIC TESTING INVESTIGATION OF EFFLUENT PIPELINE Provide confined space entry support services during field investigation of effluent pipe in below grade gallery. 2.2 -MATERIAL TESTING OF CLEARWELL GEOMEMBRANE LINER AND FLOATING COVER No additional services anticipated regarding the geomembrane liner. At the same time as the geomembrane liner material is sampled, obtain coupons of the Hypalon floating cover at two (2) locations and have them tested for thickness, tensile strength, tensile elongation, tear strength, hydrostatic resistance, ply adhesion, water absorption, and surface cracking. Repairs to the existing floating cover and geomembrane liner will be performed by City staff or a geomembrane specialty contractor engaged by the City. 2.3 -FACILITY INVENTORY AND ASSESSMENT Incorporate the results of the Hypalon floating cover material test results (from Task 2.2) in the Assessment Report and discuss in the report the potential need for replacement of the geomembrane liner. Add discussion in the report regarding the option of replacing the geomembrane liner at the same time as the floating cover. Submit the draft and final report per the original Scope of Services. 31 of 151 April 20, 2021, Item #5SCOPE OF SERVICES Provide opinion of construction cost estimate for project that combines floating cover and geomembrane liner replacement. Prepare and submit concept level construction cost estimate for a bypass pipeline that provides a direct connection between the WTP and the distribution system piping during an extended shutdown of the Clearwell. Present cost estimates in a technical memorandum that includes a description of the pipeline alignment and considers 20", 24" and 36" pipeline diameters. TASK 3 -DESIGN------------------------3.1 -PLANS, SPECIFICATIONS AND ESTIMATE Prepare plans, specifications, and engineer's opinion of probable construction cost estimates (PS&E) with the addition of the geomembrane liner and modifications to the six (6) concrete inlet/outlet structures. The expanded plan set is estimated to include the following drawings: • Two (2) General sheets including a title sheet, list of abbreviations, legend, general notes and key map • Two (2) Floating Cover and Geomembrane Liner Notes • One (1) Demolition Plan • One (1) Construction Sequence Plan • Thirty-three {33) Floating Cover and Geomembrane Liner Plan and Details • Three (3) Inlet/Outlet/Overflow Structure Modification Details • Five (5) Electrical Notes, Plan and Details • Three (3) Erosion Control Plan and Details Where practical, the PS&E will be prepared using the portions of the previously prepared 50% PS&E (from the floating cover only replacement design). The previously submitted 50% design package will be revised to include the geomembrane liner and resubmitted. The PS&E will be prepared and submitted according to the parameters described in the original Scope of Services. 3.2 -DESIGN COORDINATION MEETINGS Prior to the start of the expanded design effort, prepare for and attend a meeting with the City to discuss the project elements and construction approach for replacement of the floating cover and geomembrane liner. The goal of this meeting is to reach concurrence on the project elements to be carried forward in the design. TASK 4 -DDW COORDINATION Provide additional support services to coordinate the revised project with the California State Water Resources Board -Division of Drinking Water (DOW). This may include up to one additional meeting (with DOW and cover/liner designer on conference call). Provide these services on a time and materials basis up to the level of effort defined in the task budget. City of Poway Scope of Services for Clearwell Upgrades Project 32 of 151 2 April 20, 2021, Item #5SCOPE OF SERVICES TASK 5 -PROJECT MANAGEMENT DURING DESIGN--------------Coordinate with the City to define the expanded project components, administer the project scope and budget adjustments and subconsultant contracts, and manage the project for the extended project schedule and additional services. TASK 6 -ENGINEERlr"~G SUPPORT DURING BID AND CONSTRUCTION PHASES------6. l -ENGINEERING SUPPORT DURING BID PHASE No additional services anticipated. The support services will be provided up to the level of effort defined in the task budget. 6.2 -ENGINEERING SUPPORT DURING CONSTRUCITON PHASE These support services are in addition to those in the original Scope of Services and will be provided on a time and materials basis up to the level of effort defined in the task budget. • Floating cover / liner designer will distribute the previously budgeted site visits during the liner and cover construction at various stages. • Estimate up to ten (10) submittal item reviews and re-reviews associated with the liner. • Estimate up to two (2) responses to change orders, field orders, and RFls associated with the liner. • Prepare record drawings for additional drawings. • Provide project management services during extended construction phase to account for liner. TASK 7 -CONSTRUCTION INSPECTION-----------------The services described in the original Scope of Services are unchanged. The level of effort estimated for this task is revised to add time for the longer construction period associated with the addition of the liner replacement: two (2) additional months for preparation, procurement and fabrication of the liner, and liner demolition and combined cover and liner installation. This renders an overall construction period of up to nine (9) months total. The period of onsite part time inspection is extended by six (6) weeks to allow for the combined cover and liner installation. The services will be provided on a time and materials basis up to the level of effort defined in the task budget. SCHEDULE•••••••••••••••••••••••••••••••••••••••••••••••••••••••• Based on City approval of this Amendment before December 31, 2019, assuming timely concurrence on the project design elements, timely scheduling of meeting and responses for information, and allowing two (2) weeks for submittal reviews by the City, the estimated delivery of the final PS&E submittal is twenty-four (24) weeks from the approval of the amendment. Intermediate PS&E submittal deadlines will be coordinated with the City following amendment approval. The schedule for Tasks 6 and 7, support during the Bid and Construction Phases, will depend on the City's actual schedule for the bidding, award and construction phases. The scope and budget for these services assumes that project construction will be completed by June 2021. If the project extends beyond these periods, IEC will have the opportunity to revise rates accordingly. City of Poway Scope of Services for Clearwell Upgrades Project 33 of 151 3 April 20, 2021, Item #5SCOPE OF SERVICES INFORMATION AND SUPPORT TO BE PROVIDED BY CITY • • • • • • • • • • • • • • • • • • • • • • • The original Scope of Services provides a description of what is expected and required from the City to execute the Project. ASSUMPTIONS • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • The following assumptions apply in addition to those listed in the original Scope of Services: 1. It is assumed that a bypass system will be implemented by the City so that the Clearwell can be taken offline for the time needed to remove and replace the floating cover and geomembrane liner. The design of the bypass system is not included in this Scope of Services. Design changes or additional efforts beyond those described in the Scope of Services above that may be needed to address special requirements (e.g. develop extraordinary measures to protect water quality, design rework, or scope changes due to DDW requirements) are not included but can be added upon mutual written agreement. 2. The City will be responsible for shutdown, disinfection and start-up requirements associated with the Clearwell, pipelines and WTP facilities external to the Clearwell. 3. The geomembrane liner design will be in accordance with the current standards: • "Flexible-Membrane Covers and Linings for Potable-Water Reservoirs," AWWA Manual M25 • "Standard for Flexible-Membrane-Lining and Floating-Cover Material for Potable-Water Storage," AWWA D130 City of Poway Scope of Services for Clearwell Upgrades Proiect 34 of 151 Revised 10-17-2019 4 IEC April 20, 2021, Item #5w U1 0 -+, ..a. U1 ..a. Task/ Subtask TASKl TASK2 2.1 2.2 2.3 2.4 TASK3 3.1 3.2 TASK4 TASKS TASK6 6.1 6.2 TASK7 Sr. Project Task/Subtask Description Manager $235.00 PROJECT KICK-OFF AND DATA COLLECTION Review oroiect information 2 Kick-off meetinll CLEARWELL ASSESSMENT UT for Effluent Pioe & Confined Scace Suooort 1 Material Testin2 of Geomembrane Liner Material Testinll of Floatimr Cover 3 Facilitv lnventorv and Assessment Diver Coordination and Site Visit FacilitvSiteVisit Facilitv Assessment Reoort (Additions & Cost Est\ 8 Assessment Review Meetin2 fl l Bvoass Pioeline Cost Estimate & TM 10 DESIGN Desi1n PS&E: 50% / 90% / 100% / Final Plans 6 Soecifications 1 Opinion of Construction Cost 1 Oes!izn Coordination Meetinu fl l 4 DOW COORDINATION Meetin2 4 Resoonses to Comments & Coordination PROJECT MANAGEMENT DURING DESIGN Proiect Mana2ement Ourin2 Desiizn 12 ENGINEERING SUPPORT DURING BID & CONSTRUCTION PHASES Bid Phase Attend Pre-Bid Meetimi: Resoonses to RFl's durinJi!: Bid Phase Construction Phase Pre-Con Meetina Construction ProJi!:ress Meetings Floatina Cover OesiJi!:ner Site Visits Review Contractor Submittals 2 Resoonses to RFl's 2 Prepare Record Drawinas PM DurinJi!: Construction Phase 6 CONSTRUCTION INSPECTION Construction Administration Inspection Budret adiustment for future hourtv rate Increase•• I Task Subtotal -Hours 62 Task Subtotal~ Costs $14,570 Sr. Project Project Engineer/ Engineer Designer $200.00 $160.00 6 1 1 6 $200 $960 Engineer Ill/ CITY OF POWAY CLEARWELL UPGRADE PROJECT AMENDMENT No. 1 FEE ESTIMATE INFRASTRUCTURE ENGINEERING CORPORATION Engineer II/ EngineerV Sr. Construction Resident CAD Ill Designer CAD II Designer CAD/ Designer Manager Engineer CM Coordinator $155.00 $145.00 $130.00 $210.00 $160.00 $120.00 1 1 6 4 2 6 6 4 1 8 40 140 30 0 1 8 180 0 $4,650 $0 $130 $1,680 $28,800 $0 •• A bud1•t adjustment Is Included to account for 3% increase In hourly rates for the En1ineerin1 and Construction Mana1ement staff providin1 services durln1 the assumed construction period of October 2020-May 2021. Subtask Subtask Amendment No. Labor-Hours Labor Cost Direct Cost Subcontract 1 Cost Original Contract Total Cost with Cost Amendment No. 1 $470 S9 220 S9 690 2 $470 so so S470 S4 920 S5 390 0 $0 $0 $0 so S4 300 S4 300 $12 715 $47,153 $59 868 7 $1195 $0 $0 $1195 $6 319 $7 514 o $0 $0 $0 $0 $9,490 $9 490 4 $860 $0 $6,300 $7160 $0 $7160 0 so 0 $0 $0 $2 620 S2 620 0 $0 0 $0 so $3 190 $3190 8 $1880 0 $0 $1880 S23 040 $24 920 0 $0 0 so so s2 494 s2 494 11 S2 480 0 $0 s2 480 so $2 480 $45 360 $124 483 S169 843 13 s2 540 S700 S28 875 S32115 S89135 $121250 5 $855 so S6 300 $7 155 S22 330 S29 485 3 $545 $0 $1575 $2,120 $3 973 $6 093 10 $1,870 $0 $2100 $3 970 $9 045 $13015 $940 $8,990 $9 930 4 S940 so so S940 S3 345 S4 285 0 So $0 $0 So S5 645 $5 645 S2 820 S9 400 S12 220 12 $2 820 so so S2 820 S9400 S12 220 $16 655 $83 740 $100 395 0 so so so so s2 315 S2315 0 so so $0 so $4 435 S4 435 0 $0 $0 so so $2 545 $2 545 0 so so so so S4 760 S4 760 0 so so $0 so $30135 S30135 8 Sl 400 so S9 765 $11165 S20910 S32 075 6 Sl 090 so Sl 607 S2 697 $7195 S9 892 1 $155 so $1 229 $1384 $7,685 $9 069 6 Sl 410 $0 $0 Sl 410 $3 760 $5 170 $35,214 $102,835 $138 049 48 $8080 $0 $0 $8080 S26185 $34 265 140 $22 400 $0 $0 $22 400 S76 650 $99 050 $4 734 so S4 734 288 -------$50,990 $700 $57,750 $114,174 $385,821 $499,995 AMENDMENT No. 1 TOTAL FEE: $114,174 ORIGINAL TOTAL FEE: $385,821 TOTAL FEE WITH AMENDMENT No. 1: $499,995 Page I of I 10/17/2019 April 20, 2021, Item #5Hilts Consulting Group, Inc. 5590 Via de Campo Yorba Linda, CA 92887 (909) 590-5200 Infrastructure Engineering Corporation 14271 Danielson St. Poway, CA 92064 Attention: Anders Egense, PE July 26, 2019 (via email) City of Poway, Clearwell Upgrades Project, Clearwell Floating Cover Professional Engineering Design and Construction Support Services, Change Order #1 Mr. Egense, Infrastructure Engineering Corporation (IEC} was retained by the City of Poway (City) for the subject project. Hilts Consulting Group (HCG) was retained by IEC to provide professional engineering services for the floating cover portions of the project, as detailed in the original agreement. As part of the original scope or work and as a result of the existing HDPE liner material investigations there is sufficient evidence to suggest the existing liner material may be at or near the end of its useful life and highly doubtful the existing liner is adequate to expect an additional 20 years or more of service life to coincide with the anticipated life of the proposed replacement floating cover. To provide the City additional information to assess an alternate project implementation strategy, HCG proposes material testing be performed on the existing Hypalon floating cover material. The purpose of the material testing is to estimate the additional remaining life for the existing floating cover material and in turn provide the City additional time to plan and implement the necessary measures to accommodate a clearwell liner and floating cover replacement. Scope of Work: HCG will provide coordination and collaboration with IEC and 3rd party geomembrane material testing laboratory. HCG has (2) existing Hypalon floating cover material samples obtained as a result of the prior existing HDPE liner material acquisition. The floating cover samples are above the reservoir normal water level and from the north and west side slopes. H C G 36 of 151 Hilts Consulting Group, Inc. 5590 Via de Campo Yorba Linda, CA 92887 (909) 590-5200 April 20, 2021, Item #5City of Poway, Clearwell Upgrades Project, Clearwell Floating Cover Professional Engineering Design and Construction Support Services, Change Order #1 July 26, 2019 Page 2 HCG will retain a 3rd party material testing laboratory to perform geomembrane floating cover material testing. Proposed tests include thickness, tensile strength, tensile elongation, tear strength, hydrostatic resistance, ply adhesion, water absorption, and surface cracking. HCG will review 3rd party laboratory test results and provide professional opinion on the condition of the existing Hypalon floating cover material. PROFESSIONAL FEES The professional fees for scope of work defined above are proposed on a time and materials basis with an estimated $6,000 not to exceed amount. The fee associated with the additional work is comprised of 12 hours of HCG involvement plus the 3rd party laboratory testing and associated markup. At the direction of IEC, additional services may be performed and shall be based on the hourly rates in the attached fee schedules plus reimbursable expenses. Please review this change order proposal and if acceptable forward an agreement amendment so the above work may be initiated. HCG appreciates the opportunity to continue collaborating with the IEC on the City of Poway, Clearwell Upgrades Project. If you have any questions regarding this proposal, please call me at (909) 590-5200. Very truly yours, Hilts Consulting Group, Inc. z.~S.Ea-President H C G 37 of 151 Hilts Consulting Group, Inc. 5590 Via de Campo Yorba Linda, CA 92887 (909) 590-5200 April 20, 2021, Item #5Hilts Consulting Group, Inc. 5590 Via de Campo Yorba Linda, CA 92887 (909) 590-5200 Infrastructure Engineering Corporation 14271 Danielson St. Poway, CA 92064 Attention: Anders Egense, PE October 14, 2019 (via email) City of Poway, Clearwell Upgrades Project, Clearwell Floating Cover Professional Engineering Design and Construction Support Services, Change Order #2, Rev2 Mr. Egense, Infrastructure Engineering Corporation (IEC) was retained by the City of Poway (City) for the subject project. Hilts Consulting Group (HCG) was retained by IEC to provide professional engineering services for the floating cover portions of the project, as detailed in the original agreement. As part of the original scope or work and as a result of the existing HDPE liner material investigations there is sufficient evidence to suggest the existing liner material may be at or near the end of its useful life and highly doubtful the existing liner is adequate to expect an additional 20 years or more of service life to coincide with the anticipated life of the proposed replacement floating cover. The City has requested a proposal to include professional engineering services for a replacement geomembrane liner. Scope of Work: The geomembrane liner is envisioned to be a 45 mil, 3 ply, CSPE geomembrane liner material supported on a nonwoven geotextile laid over the existing asphalt plank lining system. Work may include minor modifications to existing hydraulic structures located within the reservoir to better accommodate the new floating cover and replace existing corroded miscellaneous metal items (i.e., gratings). Since the reservoir will be out of service modifications to the (2) existing Inlet structures, (4) outlet structures, and Overflow structure within the reservoir will be performed to make the structures more floating cover friendly. The modifications will include reducing the height of vertical concrete walls so structures are lower profile and more flush with reservoir floor and side slopes, eliminate need for pipe grillages or reduced grillage height, minor concrete repairs where necessary, and replace existing corroded gratings. H C 38 of 1 Hilts Consulting Group, Inc. 5590 Via de Campo Yorba Linda, CA 92887 (909) 590-5200 April 20, 2021, Item #5City of Poway, Clearwell Upgrades Project, Clearwell Floating Cover Professional Engineering Design and Construction Support Services, Change Order #2, Rev2 October 14, 2019 Page 2 HCG's scope of work includes preparing design drawings and technical specifications for the additional geomembrane liner and incorporated into the floating cover scope of work construction bid documents. The geomembrane liner design shall be.based on the current state of the art design and will be in accordance with the latest standards: • AWWA "Flexible-Membrane Covers and Linings for Potable-Water Reservoirs," AWWA Manual M25. • AWWA "Standard for Flexible-Membrane-Lining and Floating-Cover Material for Potable-Water Storage," D130. HCG proposes to perform the following professional engineering services: Task 1-Proiect Kick-off and Data Collection • No additional work to be performed. Task 2.2 -Geomembrane Liner Material Testing • No additional work to be performed. Task 2.3 -Clearwell Assessment • No additional work to be performed. Task 3.1-Plans, Specifications and Estimates H C 39 of 1 • Provide additional project management. • Provide additional coordination and collaboration with IEC regarding liner portion of work. • Review AWWA California-Nevada "Reservoir Floating Cover Guidelines" (Guidelines); AWWA Manual M25, "Flexible-Membrane Covers and Linings for Potable-Water Reservoirs;" and AWWA Standard D130, "Flexible-Membrane Materials for Potable Water Applications" for applicability to site-specific project requirements. • Prepare detailed construction drawings, technical specifications, and calculations for liner portions. • HCG estimates up to an additional 12 drawings for geomembrane liner portions of project and up to an additional 3 structural drawings for existing structures modifications. Liner drawings will be incorporated into floating cover drawings. • Prepare additional Technical Specifications in CSI 17-division, 3-part format for liner related portions of work. Estimate the following specification sections: o 02050, Demolition o 02776, Geomembrane Liner o 05500, Miscellaneous Metalwork Hilts Consulting Group, Inc. 5590 Via de Campo Yorba Linda, CA 92887 (909) 590-5200 April 20, 2021, Item #5City of Poway, Clearwell Upgrades Project, Clearwell Floating Cover Professional Engineering Design and Construction Support Services, Change Order #2, Rev2 October 14, 2019 Page 3 o 07120, Fluid Membrane • Prepare and incorporate liner progress submittals with floating cover work. • Provide engineer's opinion of probable construction cost estimate and construction schedule duration for geomembrane liner portions of work. Task 3.2 -Coordination Meetings • Attend additional (1) liner scope coordination meeting. Task 4 -DDW Coordination & Meeting • No additional work to be performed. Task 6.1-Bid Period Support • No additional work to be performed. Task 6.2 -Engineering Support During Construction Phase • Review Contractor submittals and shop drawings for conformance with engineering design drawings and technical specifications. Proposal assumes up to (10} liner related submittals and shop drawings. • Prepare written technical responses to Contractor's Requests for Information (RFI). Proposal assumes up to (2) RFl's for geomembrane liner portions of work. • Proved record drawings based on redline as-built markups provided by the Contractor, construction manager, and/or Poway for geomembrane liner portions of work. HCG is not responsible for documenting in-field changes or performing final as-built site survey at completion of construction. Deliverable shall include electronic pdf file of record drawings. Proposal is based on the following assumptions: H C 40 of 1 • Major modifications to existing inlets, outlets, overflow, and drains are not included. • Site drainage improvements are not included. • Chemical disinfection system is not included. • Site work, including yard piping, site drainage, fencing, paving, chemical piping, etc., is not included. • Geotechnical engineering is not included. • Coatings, painting, and cathodic protection systems is not included. • Deliverables shall be in electronic pdf format. Hard copies, if required, shall be provided by others. • Off-site visits to manufacturing plant and shop fabrication for observation and inspection services are not included. Hilts Consulting Group, Inc. 5590 Via de Campo Yorba Linda, CA 92887 (909) 590-5200 April 20, 2021, Item #5City of Poway, Clearwell Upgrades Project, Clearwell Floating Cover Professional Engineering Design and Construction Support Services, Change Order #2, Rev2 October 14, 2019 Page 4 • Construction management, contract management, support services during construction, and inspection services are not included. • No additional data review to be performed pertaining to new liner work. • No additional DDW coordination to be performed pertaining to new liner work. • No additional construction phase coordination or project management to be performed pertaining to new liner work. • No additional construction phase site visits or meetings to be performed pertaining to new liner work. PROFESSIONAL FEES The professional fees for change order scope of work defined above are proposed on a time and materials basis with a cost breakdown as listed below. Task 1 Kickoff & Data Review 2.2 Geomembrane Material Testing 2.3 Clearwell Assessment 3.1-Plans & Specifications 3.2 -Design Coordination Meetings 4 -DDW Coordination 6.1-Bid Period Support 6.2 -Engineering Support During Construction Total Fee $0 $0 $0 $35,000 $2,000 $0 $0 $12,000 $49,000 At the direction of IEC, additional services may be performed and shall be based on the hourly rates in the attached fee schedules plus reimbursable expenses. H C 41 of 1 Hilts Consulting Group, Inc. 5590 Via de Campo Yorba Linda, CA 92887 (909) 590-5200 April 20, 2021, Item #5City of Poway, Clearwell Upgrades Project, Clearwell Floating Cover Professional Engineering Design and Construction Support Services, Change Order #2, Rev2 October 14, 2019 Page 5 Please review this change order proposal and if acceptable forward an agreement amendment so the above work may be initiated. HCG appreciates the opportunity to continue collaborating with the IEC on the City of Poway, Clearwell Upgrades Project. If you have any questions regarding this proposal, please call me at {909} 590-5200. Very truly yours, Hilts Consulting Group, Inc. Xtz6s_E/zt-President H C 42of 1 Hilts Consulting Group, Inc. 5590 Via de Campo Yorba Linda, CA 92887 (909) 590-5200 April 20, 2021, Item #5HILTS CONSUL TING GROUP, INC. FEE SCHEDULE FOR PROFESSIONAL ENGINEERING SERVICES Professional Services: Classification / Title Principal Senior Engineer Project Draftsperson Clerical Reimbursable Expenses Reproduction Outside Consultant Services Automobile Transportation Delivery/ Courier/ Express Mail Travel/ Subsistence Notes: Hourly Billing Rate $200.00 $185.00 $115.00 $55.00 Cost plus 15% Cost plus 15% $0.55 / mile Cost plus 15% Cost 1. Hourly billing rates and reimbursable expenses effective for the 2019 calendar year. 2. Hourly billing rates for calendar years after 2019 shall be increased for inflation. 3. Automobile transportation reimbursable expenses for calendar years after 2019 shall be adjusted per IRS regulations for vehicular expenses. H C 43 of 1 Hilts Consulting Group, Inc. 5590 Via de Campo Yorba Linda, CA 92887 (909) 590-5200 April 20, 2021, Item #5City of Poway, Clearwell Upgrades Project, Clearwell Floating Cover Professional Engineering Design and Construction Support Services, Change Order #2, Rev2 October 14, 2019 Poway Water District Poway Treatment Plant, Clearwell Floating Cover Assessment, Design & CA Phases -Professional Fee Estimate Change Order #2 TASKS (black text ; original scope) (green text; added scope with change order number) rrask 1 Kickoff & Data Review Review Project Information Kick-off Meeting & Site Visit #2: Liner Scope 2.2 Geomembrane Material Testing 5ite Visit, Coordination & Engineering Liner Material Testing (TRI) #1: Floating Cover Material Testing Coordination #1: Floating Cover Material Testing (TRI) 2.3 Clearwell Assessment Project Management Site Visit for Dive Inspection Observation Engineering Draft Report Final Report Draft Report Review Conference Call 3.1 -Plans & Specifications Floating Cover Engineering AutoCAD base file Floating Cover Drafting Respond to Owner Review Comments Electrical Contract support lcivil Site Contract support Review Specifications Division 0 Review Technical Specifications (division 1-special conditions) tTechnical Specifications (division 2 -geosynthetics) trechnical Specifications (division 3 -concrete) tTechnical Specifications (division 5 -metals) trechnical Specifications (division 11 -equipment) IConstruction Cost Estimate (floating cover) #2: Liner Coordination & Project Management #2: Liner Engineeri ng #2: Liner Drafting #2: Liner Specs #2: Li ner Cost Estimate & Schedule 13.2 -Design Coordination Meetings Design Review Meetings (50%, 90"/4) Design Review Conference Call (100%) #2: Liner Scope Coordination Meeti ng ~ -DDW Coordination DDW Meeting Engineering Support Respond to Regulatory Agency Review Comments #2: Liner Additional DDW Coordination/Responses 5.1 -Bid Period Support Prebid Meeting Bid Period Support 6.2 -Engineering Support During Construction Precon Meeting Floating Cover Site Visits & Meetings Review Floating Cover Submtttals / Shop Drawings Floating Cover RFl's, Plan Interpretation & Drawing Revisions Floating Cover Record Drawings #2: Liner Coordination & Project Management #2: Liner Site Visits & Meetings #2: Review Liner Submittals / Shop Drawings #2' Liner RFl's, Plan Interpretation & Drawing Revisions H C 4'i>t 151 #2: Liner Record Drawings Subtotals HCG Quan (duration) (units} 1 16 hrs 1 trips 10 hrs O hrs 1 trips 10 hrs 1 12 hrs 6wks 1 hrs 1 trips 10 hrs 1 12 hrs 1 20 hrs 1 4hrs 1 2 hrs 1 60 hrs 1 20hrs 25 dwgs 3 8 hrs 1 15 hrs 1 15 hrs 1 8 hrs 1 16 hrs 1 40 hrs 1 10 hrs 1 12 hrs 1 12 hrs 1 12 hrs 1 15 hrs 1 30hrs 15 dwgs 1 32 hrs 1 8 hrs 2 trips 8 hrs 1 3 hrs 1 trips 8 hrs 1 trips 8 hrs 1 8 hrs 1 lOhrs Ohrs 1 trips 6 hrs 1 10 hrs 1 trips 6 hrs 12 trips 12 hrs 20 5 hrs 8 4 hrs 1 15 hrs 0 hrs Ohrs 10 5 hrs 2 4 hrs 1 6 hrs Hours 26 16 10 0 36 24 12 48 10 12 20 4 2 771 60 20 275 24 15 15 8 16 40 10 12 12 12 15 30 167 32 8 27 16 3 8 26 8 8 10 0 16 6 10 361 6 144 100 32 15 0 0 50 8 6 1,311 Class (p/s/d} s s s s p s s s s p s d d s s s s s s s s s s s s d s s p p p p s s p s p s s s s s s s Labor Prin. Eng. Sen. Eng. Draft. Reimb Task Totals Fee Fee Fee Hours Fee $ 200 $ 18S $ 115 $0 $4,810 $0 $110 26 $5,000 $2,960 $1,850 $110 $0 $6,660 $0 $7,210 36 $14,000 $4,440 $110 S3,600 $2,220 $3,500 $400 $8,510 $0 $110 48 $9,000 $0 $1,850 $110 $2,220 $3,700 $740 $400 $0 $57,165 $53,130 $0 771 $110,000 $11,100 $2,300 $31,625 $4,440 $2,775 $2,775 $1,480 $2,960 $7,400 $1,850 $2,220 $2,220 $2,220 $2,775 $5,550 $19,205 $5,920 .. $1,480 $5,400 $0 $0 $330 27 $6,000 $3,200 $220 $600 $1,600 $110 $1,600 $3,330 $0 $110 26 $5,000 $1,600 s110 $1,480 $1,850 $1,200 $1,850 $0 $110 16 $3,000 $1,200 $110 $1,850 $1,200 $65,675 $0 $1,430 361 $68,000 $1,200 $110 $26,640 $1,320 $18,500 $5,920 $2,775 $0 $9,250 $1,480 $1,110 $ 9,800 $ 148,000 $ 53,130 $ 9,410 1,311 $220,000 .. Original Agreement (Floating Cover only) Amendment #1 (Floating Cover Material Testing) Proposed Change Order #2 (Liner Design) 975 12 324 $165,000 $6,000 $49,000 Hilts Consulting Group. Inc. 5590 Via cle Campo Yorba Linda, CA 92887 (909) 590-5200 April 20, 2021, Item #5STE\ I~ \l,\US, i\layor Ci\ YLIN l;R \NK, Deputy ,\1ayor D.-\ \'I•: Cll..OSCl I Cnundmcmbcr 13,\RRY LEON.-\RD, Cot1ncilmembcr JOI r /\'lULLii , Councilmunbcr January 17, 2020 Anders Egense, P.E. CITY OF POWAY VIA EMAIL & FIRST-CLASS MAIL Infrastructure Engineering Corporation 14271 Danielson Street Poway, CA 92064 Subject: Notice to Proceed: Design Amendments No. 2 and 3 for the Clearwell Upgrades Project Dear Mr. Egense: This letter will serve as your Notice to Proceed for Amendment No. 2, Evaluation of Clearwell Alternatives in the amount of $34,100.00 and Amendment No. 3, Clearwell Bypass in the amount of $253,760.00, for the Clearwell Upgrades Project. The amended scopes and basis of payment for each amendment shall be in accordance with the not-to-exceed total fee of $287,860.00 as provided in the enclosed copies of Amendments No. 2 and 3. The revised total not-to-exceed fee for the project is $787,855.00. This letter also directs you to place work related to the original scope and Amendment No. 1 temporarily on hold while work is completed on Amendments No. 2 and 3. You will be informed in writing when these portions of the work may be resumed. If you have any questions or need further information, please do not hesitate to contact me at (858) 668-4653, or via email at mrocco@poway.org. Sincerely, RVICES DEPARTMENT Melody o, P.E. City Engineer Enclosure: Amendments No. 2 and 3 c: Darian Demerjian, Management Analyst M:\ClP _Development\CIP Projects\ WTR0020 Clearwell Upgrades\Correspondence\Consultant\NTP JEC Amendment 2 and 3 Letter.doc 45 of 151 ATTACHMENT C City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.org April 20, 2021, Item #5January 15, 2020 Ms. Melody Rocco, PE City Engineer City of Poway, Development Services Department 13325 Civic Center Dr Poway, CA 92064 Re: Poway Water Treatment Plant -Clearwell Upgrade Project Amendment No. 2: Evaluation of Clearwell Alternatives Dear Melody: Per your request, we are pleased to submit this proposal to provide an evaluation of alternatives for the existing 10 MG Clearwell at the Lester J. Berglund Water Treatment Plant (WTP). We understand these services will be executed as an amendment to IEC's existing contract for the Clearwell Upgrade Project (dated May 15, 2019). Our proposed scope of services is aimed at comparing three options for the Clearwell at a conceptual level: retain the existing reservoir with new liner and floating cover or replace the existing reservoir with dual tanks, either welded steel or pre-stressed concrete. The comparison assumes that the operational high water level in the existing reservoir is preserved to avoid hydraulic impacts to the WTP. Information required from the City is as follows: • Billing records from City for water sales and updated GIS data for meters. Data shall encompass past three years of billing data and shall, at a minimum, contain the monthly water consumption and meter ID. The meter ID shall be a unique value that links to a GIS meter element. If there is no unique meter ID, then the meter billing data and GIS should both contain either a parcel number or address. • Data on Clearwell operations under existing minimum and maximum demand conditions. A minimum of one week of data is required from each period from the City showing WTP production rate, Clearwell level, and Clearwell outflow rate on the same time scale (in Excel spreadsheet format with data at 10 min intervals). The specific tasks to be performed are as follows: 1. Demand and Hydraulic Model Update • Obtain and review billing data from City. • Update existing system demands in the City's hydraulic distribution system model. Perform analysis of the billing data to determine the three-year average for each 14 91i 1B1ni I on Srre '· f>owoy, C liforni 92064 T 858 413 2400 F 858.4 I 3.2440 WWW iecorporolion.com April 20, 2021, Item #5account. Link the billing data and GIS meters with average annual demands (AAD). Use the functions within the model to load the system demands by pressure zone where possible. Document the final existing AAD in the model. • Develop estimate for ultimate system demands by scaling from the updated existing demands using previous Master Plan (2009) estimates. 2. Clearwell Volume • Review WTP data and analyze Clearwell operation under existing minimum and maximum demand conditions using a mass balance approach. Develop a preliminary volume for the replacement Clearwell (dual tanks). • Conduct an analysis using the updated hydraulic distribution system model to validate the proposed Clearwell volume and WTP capacity in terms of existing demands. Determine impacts, if any, to the WTP and distribution system operations using the proposed Clearwell volume and identify volume adjustments if needed. • Summarize the findings from Tasks 1 and 2 in a brief technical memorandum (TM) and submit to the City in PDF format. • Prepare for and meet with WTP Operation staff to discuss plant and Clearwell operations. The goal of this meeting will be to reach consensus on the volume to be used for evaluating alternative Clearwell structures. 3. Compare Clearwell Structure Alternatives • Evaluate three options based on the parameters from Task 1: o Currently planned floating cover and liner replacement (including potential need for modifications to overflow structure) o Dual welded steel tanks o Dual prestressed concrete tanks • For each option, estimate concept-level construction cost that includes general grading, tank construction, piping modifications, and floating cover/liner replacement (using information from the recent project preliminary design). The estimates will assume existing subsurface conditions can provide satisfactory support for any of the alternatives without special foundation requirements. • Compare the options in terms of capital and life-cycle costs considering estimated future maintenance intervals and operational elements. 4. Report • Summarize the results of the preceding tasks in a report that includes a plan view graphic for each alternative. Submit draft of report in PDF format for City review. • Respond to City comments and submit a final report in PDF format. 47 of 151 April 20, 2021, Item #5Following receipt of the City's notice to proceed and the billing records and operational information described in Task 1, the Clearwell Volume TM will be submitted within three weeks. The Draft Report will be submitted within three weeks of the meeting to discuss the TM. The fee for these services is presented in the attached table and will be invoiced monthly on a time and materials basis. Please advise if this prompts any questions. Thank you for the opportunity to be of service to the City of Poway. Sincerely, /4o .~ Anders . Egense, PE Senior Project Manager Enclosure 48 of 151 April 20, 2021, Item #5~ ID 0 .... ..... ~ Task 1 2 3 4 5 Task/Subtask Description Demand and Hydraulic Model Update Review/Process Demand Data and Update Model Assess Clearwell Volume Assess Volume and Hydraulics Tech Memorandum Meeting Compare Clearwell Struture Alternatives Estimate Capital and Life-Cvcle Costs Compare Options Report Report Proiect Manai?ement Project Management CITY OF POWAY CLEARWELL ALTERNATIVES EVALUATION INFRASTRUCTURE ENGINEERING CORPORATION -FEE ESTIMATE Senior Project Senior Project Engineer Ill I Engineer II/ Engineer I/ Manager CAD/ Subtask Manager CAD Ill Designer CAD II Designer QA/QC Designer Labor-Hours $235.00 $235.00 $155.00 $145.00 $130.00 4 4 12 12 24 1 8 9 3 3 6 20 26 6 6 1 8 16 25 3 3 Task Subtotal -Hours 2 so 0 48 0 100 Task Subtotal -Costs $470 $11,750 $0 $6,960 $0 _>-<:_ Page I of I Subtask Total Direct Cost Subcontract Labor Cost Cost $5,665 $940 $0 $4,725 $5,665 $17,575 $4,560 $0 $8,484 $13,044 $2,115 $0 $1,134 $3,249 $705 $10 $567 $1,282 $5,720 $4,310 $0 $0 $4,310 $1,410 $0 $0 $1,410 $4,435 $4,435 $0 $0 $4,435 $705 $705 $0 $0 $705 ~~ ~~ $19,180 $10 $14,910 $34,100 ENGINEERING SERVICES $34,100 April 20, 2021, Item #5Amendment No. 3 Scope of Services for Clearwell Upgrade Project: Bypass Pipeline BACKGROUND The City of Poway (City) proposes to construct a 36" diameter pipeline to allow the conveyance of treated water from the Lester J. Berglund Water Treatment Plant (WTP) around the Clearwell and directly to the distribution system. The major elements of this Project are: • • • • • • Approximately 770 feet of 36" welded steel pipeline with tee connections to the existing 42" effluent pipeline downstream of the WTP (east connection) and to the existing 36" discharge pipe from the Clearwell (west connection). The east connection is along the exposed effluent pipe located in the pipe gallery where three valves will be located at a new tee. Structural modifications to the concrete pipe gallery and pipe supports will be required. The western connection will be west of the Clearwell in the parking area of the Operations Yard. A cast-in-place concrete vault approximately 15 ft x 15 ft and 8 ft deep will house two valves at the new tee. The vault will have a removable top and access hatch designed for H20 loading. All the valves will be manually operated and will not be connected to SCADA. Valve stem extensions will provide for valve operation from above the vaults. The bypass pipe will include a tee outlet with blind flange in Lake Poway Rd and will be designed to allow flow in both directions in anticipation of the potential future delivery of treated water from the Water Authority. To accelerate the project, the City will pre-procure the large valves via one separate bid package and include the valves as owner-furnished materials in the pipe construction bid package. The City engaged Infrastructure Engineering Corporation (Consultant) via the Clearwell Upgrade Project Agreement dated May 15, 2019 (Agreement) and approved Amendment No. 1 for expanded services dated November 22, 2019. Per City direction, this Amendment No. 2 provides for revised services focused on the Bypass Pipeline. The scope of services under the Agreement and Amendment No. 1 are superseded by the services described in this Amendment No. 2 until such time as the City and Consultant mutually agree to further modify the original Agreement. Described below are the specific Amendment No. 2 tasks to be performed by the Consultant. All tasks are directed to Consultant unless otherwise noted. SCOPE OF SERVICES 1.0 Project Kick-Off and Data Compilation In preparation for the project, review City-provided as-built plans pertinent to the Project. Prepare for and lead one kick-off meeting with City's project team. Lead consultant team members will attend. Prepare agenda and meeting notes. Contact pipe and valve suppliers to assess potential delivery timeframes. Evaluate feasibility for material pre-procurement options for possible project schedule acceleration. Evaluate options for exploring the presence of buried pipelines and obstructions. Submit recommendations to City. 1 ofl 1-15-20 SO of 151 April 20, 2021, Item #5Prepare and submit to City preliminary drawing for pipe connection at existing 42" effluent pipe. Conduct a site visit to observe existing conditions along the pipeline corridor. 2.0 Surveying Obtain mapping using aerial and ground survey to prepare topographic base map suitable for 1" = 20 ft scale along the project corridor for the pipeline design. The City will coordinate with the property owners and arrange for access if required to set aerial mapping targets. 3.0 Utility Data Compilation 3.1 Utility Records Research Perform records research with utility agencies to obtain record drawings for existing utilities along the project corridor. • Contact USA Dig-Alert to obtain pre-planning request listing the existing utility agencies in the project area. Contact the utility agencies that are in or around the proposed work area and request their system maps and record drawings. These are anticipated to include SDG&E, cable TV, fiber optic, and City (water, sewer, storm drain). • Review and plot the utility data on the base mapping per the record information. • Review existing pothole data provided by City and compare with record drawing data. 3.2 Potholing Consultants's subconsultant (AirX) will perform potholing to locate the pipe at the westerly connection point and to identify potential conflicts along the pipe alignment. Up to ten (10) potholes are estimated with associated survey services to tie-in the locations. The pothole information will be included on the plans, and the plans will be submitted to the respective utility owner for conflict checking at the 60% design stage. Potholes in paved areas will be patched with perma-patch type material. Tie-in pothole locations to mapping via field survey. 4.0 Field Investigations 4.1 Geotechnical Investigation Consultants's subconsultant (Ninyo & Moore) will perform an investigation to evaluate the geotechnical and geologic conditions along the pipeline corridor. The specific tasks to be performed are: 51 of 151 • Review available literature pertinent to the geotechnical conditions at the site. • Mark the proposed boring locations for clearance by Underground Service Alert. Obtain a no-fee Right of Way Permit from the City. • Drill three (3) exploratory borings utilizing a truck-mounted drill rig to a depth of approximately 20 feet below ground surface or practical refusal, whichever is less. Traffic control will be provided for the boring along Lake Poway Rd. • Log the materials encountered in the borings and obtain samples for visual examination and laboratory testing, as well as assessment of groundwater levels, if encountered. The borings in paved areas will be patched with perma-patch type material. • Perform laboratory tests consisting of in situ moisture content and density, grain-size distribution, 2 of7 1-15-20 April 20, 2021, Item #5Atterberg limits, R-value, and corrosivity. • Assess potential geologic hazards that may affect site development such as settlement, liquefaction, collapse, and earthquake shaking, and develop recommendations for site preparation and earthwork, excavations, shoring, backfill, and corrosivity of the on-site soil in respect to concrete. • Prepare a geotechnical report presenting the findings, conclusions, and recommendations. 4.2 Corrosivity Assessment Consultant's subconsultant (RF Yeager Engineering) will conduct a corrosivity assessment for the pipeline corridor and identify appropriate cathodic protection features to be included in the design. 5.0 Preliminary Design 5.1 Distribution System Hydraulic Analysis The purpose of this task is to evaluate the operation of the WTP and distribution system with the Clearwell offline and the bypass pipeline in operation. Consultant's subconsultant (Mission Consulting Services) will perform this analysis. • Meet once with WTP Operations staff to discuss WTP operational flexibility and any WTP or system constraints that must be considered. • Use current hydraulic model with updated demands to perform extended period simulation analysis of the system over week-long periods of low demand (winter), average day, and maximum day (higher demand summer) conditions. Make up to six (6) model runs to evaluate WTP production rate relative to water tank levels. Potential future system modifications (as proposed in previous Master Plans) will not be included in the model. • Prepare a technical memorandum summarizing the results and conclusions/recommendations identified by the analysis. This subtask assumes that under separate authorization the existing demand and the ultimate demand projection have been updated to reflect information using recent billing data and that these demands have been incorporated into the City's hydraulic distribution system model. 5.2 Preliminary Design Memorandum Prepare and submit in a Draft Preliminary Design Memorandum (in PDF format) that addresses the following: • Description of the bypass pipe including figures (11 x 17) to show the alignment and preliminary configuration of each connection. • Results of hydraulic analysis from Task 5.1 above. • Description the pre-procurement package for the valves. • Preliminary construction cost estimate. • Cathodic protection recommendations. Meet once with the City to review the memorandum and address questions. Prepare and submit a final memorandum. The final memorandum will form the basis for the final design effort. 3 ofl 1-15-20 52 of 151 April 20, 2021, Item #56.0 Design 6.1 Pre-procurement Package for Valves Prepare a pre-procurement bid package for the valves and operators that is estimated to encompass two 42-inch diameter butterfly valves and three 36-inch diameter butterfly valves. The package will be comprised of a valve specification and delivery requirements. Submit a draft of the bid package to the City for review. Upon receipt of comments, prepare and submit final bid package. The City will prepare front end and contract documents and issue the packages for bidding. 6.2 Pipeline PS&E Prepare a bid ready set of construction drawings, technical specifications, and an opinion of construction cost estimate {PS&E). The design will be submitted to the City for review and comment at these stages: 60%, 100% and Final. The PS&E deliverables are estimated to be comprised of the following: • Plans: Plans will be prepared on "D" size 24"x36" sheets at appropriate scales to show the work clearly. The project plan set is expected to include the following: Sheet Description Discipline Estimated Number Title Sheet, Vicinity Map, Index of Drawings, Legend General Construction Notes, Abbreviations, Key Map General Pipeline Plan and Profile {l" = 20 ft scale) Civil Pipeline Details Civil Valve Vaults Civil Pipe Connection & Vault Details Civil Cathodic Protection Details Civil Valve Vault Notes, Abbreviations, Details Structural Total The plans will be prepared using AutoCAD 2018 with the following deliverables: a 60% and 100% submittals: one PDF submitted electronically. of Sheets 1 1 3 1 2 1 2 7 18 a Final submittal: one (1) full-size, signed and stamped mylar original set of plans. An electronic submittal will also be made including the drawing AutoCAD files, specifications {Word files), and cost estimates (Excel spreadsheets). • Specifications: Contract specifications will consist of mark-ups of the City's General and Technical Provisions to make them project specific and will utilize current Greenbook and City supplemental specifications where practical. Additional supplemental specifications, such as the steel pipe, will be provided in CSI format. Submit to the City for review at 100%. Submit Word files electronically for each submittal. The City will prepare front end bidding and contract documents. • Estimated Contractor Construction Schedule: As part of the 100% submittal, provide an estimated construction schedule showing major project elements, and estimated durations and sequence of work. Include any shutdown of plant operations along with estimated shutdown duration. Submit schedule electronically in PDF format. 4 ofl 1-15-20 53 of 151 April 20, 2021, Item #5• Opinion of Construction Cost Estimate: Prepare construction cost estimate developed using estimated quantities from the design and general unit cost factors at 100% and Final. Submit one Excel spreadsheet file in City bid list format with each submittal. 6.3 Design Coordination Meetings Consultant will prepare for and conduct up to three (3) coordination meetings/telecons with the City to discuss project elements. Prepare and submit meeting notes. 6.4 DDW Coordination Submit the 100% plans to California State Water Resources Board -Division of Drinking Water (DDW) for their information and review. Respond to their questions and incorporate their comments into subsequent submittals. Assist the City with obtaining DDW approval for project. Provide these services on a time and materials basis up to the level of effort defined in the subtask budget. 7.0 Environmental Support Services Provide technical documentation and support for project CEQA review and planning approvals. It is assumed that City will prepare and process any documents required for CEQA compliance. These services will be provided at City request and up to the level of effort defined in this task budget. 8.0 Project Management during Design Phase Provide project administration and coordination with subconsultants to monitor their progress and provide interdisciplinary review of consultant and subconsultant work products. 9.0 Engineering Support during Bid and Construction Phases The support services may encompass one or more of the activities listed in each subtask. The services will be provided at City request on a time and materials basis up to the level of effort defined in the task budget. 9.1 Bid and Acquisition Phase Support for Valve Pre-procurement Package • Provide responses to requests for information (RFl's) via e-mail to the City. Up to one (1) RFI is estimated. City will prepare and distribute addenda. • Review contractor submittals received from the City for general conformance with the contract documents. Provide written response noting exceptions and/or comments within fifteen {15) working days. Assume a total of up to two (2) submittal reviews and re-reviews. 9.2 Bid Phase Support for Pipeline Construction Package 54 of 151 • Attend the pre-bid meeting. The City will facilitate the meeting. • Provide responses to requests for information (RFl's) via e-mail to the City. Up to three (3) RFl's are estimated. City will prepare and distribute addenda. 5 ofl 1-15-20 April 20, 2021, Item #59.3 Construction Phase Support • Review contractor submittals received from the City for general conformance with the contract documents. Provide written response noting exceptions and/or comments within fifteen (15) working days. Assume a total of up to sixty (60) submittal reviews and re-reviews. • Assist the City with responding to change orders, field orders, and RFls. Provide responses ( in e-mail or memorandum format) to the City within five (5) working days and in accordance with the contract documents. Assume responses for up to ten (10) items. • Prepare record drawings by incorporating "red-lined" changes, as documented and recorded by the contractor and/or construction manager, on the original Mylars. If the extent of changes makes it impractical to revise an original Mylar sheet, individual original Mylar sheets may be voided and replacement sheets may be added. Within six weeks of the receipt of the red lines, submit one set of original mylar record drawings and PDF file of all drawings. 9.4 Construction Phase Meetings • Attend the pre-construction meeting. The City will facilitate the meeting. • Attend up to ten (10) construction progress meetings and/or construction site visits as requested by the City. 9.5 Consultant Project Management during Bid & Construction Phases Provide project administration and coordination with subconsultants to monitor the support services. 10.0 Additional Services Provide technical support to assist City with response to Clearwell water quality issues. These services may include: meeting attendance, review and assessment of overflow and storm drain system pipelines and tributary areas, and preparation/submittal of information to the City. These services will be provided at City request up to the level of effort defined in this task budget. SCHEDULE Tasks 1, 2, 3.1, 5.2 and 10 have been initiated in response to the City's emergency request on December 1, 2019. The schedule for completion of the services described herein assumes the City approves this Amendment No. 2 by January 15, 2020. This schedule assumes timely responses for information and meeting coordination with the City and allows for design submittal review periods by City of two (2) weeks. Submittal Preliminary Design Memorandum 60% PS&E Valve Pre-procurement Package -Draft 100% PS&E Final PS&E Date March 31, 2020 April 30, 2020 May 8, 2020 June 11, 2020 July 9, 2020 Bid & construction phase support services will be performed on an as-needed basis in response to City requests. Construction phase support services are anticipated to be completed by May 31, 2021. 6 o/7 1-15-20 55 of 151 April 20, 2021, Item #5ASSUMPTIONS • No hazardous materials investigations, studies, or consultations will be performed. • Construction management, administration and inspection will be performed by the City. • In-plant inspection of the valve and pipe fabrication is not included. • City will pay all permit and review fees required by reviewing agencies (e.g. DDW). • The project will be designed and bid as one (1) construction project, not split into individual projects. • Environmental permit compliance and permit requirements will be provided by others. Compliance requirements pertinent to the construction will be included in the project specifications during design. Cultural/archeological/paleontological resources assessments and monitoring during construction, if needed, will be provided by others. • The contractor will prepare and submit the Storm Water Pollution Prevention Plan (or Water Pollution Control Plan, if that is the required approach). • The design of any shoring required for construction will be the responsibility of the contractor. • The contractor will prepare traffic control plans and acquire any necessary encroachment permits. • The City will handle public notifications, outreach, and any coordination needed with community groups. • No modifications to other utility systems are anticipated. If it is determined during design that potholing or utility modifications are required, these services can be provided upon mutual written agreement. • ADA improvements are not required. • Surface repairs and landscape replacement will be replace-in-kind. • City or contractor will provide construction staking. 7 ofl 1-15-20 56 of 151 April 20, 2021, Item #5V, ..... 0 .... ..... V, ..... Task 1 2 3 3.1 3.2 4 4.1 4.2 5 5.1 5.2 6 6.1 6.2 6.3 6.4 7 8 Senior Project Manager Task/Subtask Description QA/QC $235.00 Kick-off and Data Compilation Review information/clans Kick-off meetin• 3 Provide technical •uidance to Citv rel!ardinl! Bvoass Pioe 2 Site visit Surveying Survevin• / Maooin• Pothole Tie-ins Utilitv Data ComPilation Utility A•ency Research and Data Review Potholin• {uo to 10) Field lnvesthi:atlons Geotechnical lnvesti•ation Corrosivity Assessment Preliminary Desi11n Distribution Svstem Hydraulic Analysis Coordination meetin• Pre-Desi•n Memorandum 2 Review Meetin• Desil[n Pre-orocurement Packa•e -Valves 1 PS&E Plans: 60% / 100% / Final Specifications 8 Schedule Construction Cost Estimate Design Coordination Meetinl!s 13l DDW Coordination Environmental Support Environmental Suooort Proiect Mana11ement durinl! Desil!n Phase Project Manal!ement durin• Desi•n Phase Task Subtotal -Hours 16 Task Subtotal -Costs $3,760 CITY OF POWAY CLEARWELL UPGRADES PROJECT -BYPASS PIPELINE INFRASTRUCTURE ENGINEER/NG CORPORATION -FEE ESTIMATE Senior Project Sr. Project Project Engineer Ill I Engineer II/ Engineer I/ Engineer I CAD/ Manager Engineer CAD Ill Designer CAD II Designer Designer Designer $235.00 $200.00 $170.00 $155.00 $145.00 $130.00 4 4 6 8 4 4 2 8 1 4 24 4 4 1 4 6 3 8 1 2 8 8 4 16 40 28 4 4 16 40 160 160 12 12 8 12 4 8 28 158 0 0 248 264 4 $37,130 $0 $0 $38,440 $38,280 $520 Page 1 of2 Project Field Subtask Subtask Total Surveyor 2-Man Crew Direct Cost Subcontract Labor-Hours Labor Cost Cost $145.00 $260.00 $7 285 4 $940 $0 $0 $940 7 $1645 $10 $0 $1655 16 $3 120 $0 $0 $3 120 8 $1,560 $10 $0 $1,570 $11350 40 50 $7 510 $20 $2 415 $9 945 8 9 $1395 $10 $0 $1405 S25 178 36 S5 760 $0 $0 $5 760 11 $1 725 $0 $17 693 $19 418 $26 782 11 $1865 $0 $21 000 $22865 3 $525 $0 $3,392 $3,917 $30 770 16 $3 040 so $11340 $14 380 4 $940 $10 $0 $950 86 $14 490 $0 $0 $14 490 4 $940 $10 $0 $950 $101291 21 $3 495 $0 $0 ~3 495 368 $59,280 $150 $30,156 $89,586 24 $4 560 $30 $0 ,;4 590 20 $3 620 so $0 $3 620 $2100 12 $2 100 $0 $0 $2100 $6 580 28 $6 580 $0 $0 $6 580 48 0 738 --- - - $6,960 $0 ~ $125,090 $250 $85,995 $211,335 PRE-DESIGN & DESIGN SERVICES $211,335 1/15/2020 April 20, 2021, Item #5u, 00 0 ..... .... u, .... Task 9 9.1 9.2 9.3 9.4 9.5 10 Task/Subtask Description En11ineerin11 Suooort Services Durinl! Bid & Construction Bid & Acquisition Phase Support for Valve Pre-procurement RFls Submittal Reviews Bid Phase Support for Pipeline Construction Attend ore-bid meetine RFls Construction Phase Suooort for Pioeline Submittal Reviews RFls Record Drawines Meetines Pre-construction meetine Progress meetings (up to 10) Proiect Manaeement durinl! Bid/Construction Phases Task Subtotal -Hours Task Subtotal -Costs !Additional Services !Technical Suooort oer Citv Request for Clearwell Water Qualitv I I Task Subtotal -Hours Task Subtotal -Costs Senior Project Manager QA/QC $235.00 0 $0 9 9 $2,115 CITY OF POWAY CLEARWELL UPGRADES PROJECT -BYPASS PIPELINE INFRASTRUCTURE ENGINEER/NG CORPORA T/ON -FEE ESTIMATE Senior Project Sr. Project Project Engineer Ill/ Engineer II/ Engineer I/ Engineer I CAD/ Manager Engineer CAD Ill Designer CAD II Designer Designer Designer $235.00 $200.00 $170.00 $155.00 $145.00 $130.00 1 2 1 3 2 4 4 16 60 8 8 8 2 12 2 2 20 24 80 0 0 20 79 0 $18,800 $0 $0 $3,100 $11,455 $0 11 4 2 11 0 0 4 0 2 $2,585 $0 $0 $620 $0 $260 Page 2 of2 Project Field Subtask Subtask Total Surveyor 2-Man Crew Direct Cost Subcontract Labor-Hours Labor Cost Cost $145.00 $260.00 $35 250 3 $525 $0 $0 $525 4 $670 $0 $0 $670 2 $470 $10 $0 $480 8 $1520 $0 $0 $1520 76 $12 460 $0 $1,575 $14 035 24 $4 280 $0 $0 $4 280 16 $2 620 $100 $0 $2 720 2 $470 $10 $0 $480 20 $4,700 $200 $0 $4,900 24 $5 640 $0 $0 $5 640 0 0 179 :::::><: ::::::=-=::::: :::;:::-:::::: ~ $0 $0 __::::><__ $33,355 $320 $1,575 $35,250 CONSTRUCTION SUPPORT SERVICES $35,250 $7 175 26 $5 580 $20 $1575 $7 175 0 0 26 :::::::>< '"::::><:: ~ :::::::-::::::: $0 $0 ::>-<::: $5,580 $20 $1,575 $7,175 ADDITIONAL SUPPORT SERVICES $7,175 TOTAL SERVICES $253,760 1/15/2020 April 20, 2021, Item #5STEVE V,\l.', Mny r CITY OF POWAY ' C ' . '[)Ul r,, y [ AV ,, ,, iltn · 1 i.:r J \Rl , C · mbcr VIA EMAIL & FfRST CLASS MAIL July 14, 2020 Anders Egense, P.E Infrastructure Engineering Corporation 14271 Danielson Stree1 Poway, CA 92064 Subject: otice to Proceed: Design Amendments No. 4 for the Clea,weU Upgrades Project (Clearwell Bypass) Dear Mr. Egense: This letter will serve as your o ice to Proceed for Amendment No. 4, Design for Bypass Tank. The revised fee includes repurposing portions of the design and construction inspection for the original Clearwell Upgrades project scope. It also re urposes construction support for the bypass pipeline. The amended scope and basis of payment for his amendmen shall. be in accordance ~it the not-to-ex eed total fee of $424,846.00 as provided in the enclosed copy of Ame dment No. 4. The total not-a-exceed f-ee for the proje remains $787,855.00. The design of this project is being fun ed f on the Clearwell Upgrades project (VVTROO20) however futu e correspondence and project documents should refer to the project ti .le as Clear.Nell Bypass (WTR0028). If you have any questions or need further i formation. please do no hesitate to contact me at (858) 668-4653, or via email at mrocco@po -_ ay. rg. Sincerely, E closure: Amendment No. 4 c: Darian Demerjia , Management Analyst M:\C(P _Dev lopm nt CIP Pro·e ts\: 'TR00 C(earwell Up rad s ,Corr spon ence\Cons lta t\ 1TP 1EC Am ·ndm ,nt 4 L~ ~-C ATTACHMENT D City ]I L 315 Civic Ce.nt r ri e M;1iling Addrc·s: P , Po • y1 Califont. 92 74-07 9 59 of 151 April 20, 2021, Item #5Amendment No. 4 Scope of Services for Clearwell Upgrade Project Design for Bypass Tank BACKGROUND Based on the results of previous evaluations, the City of Poway (City) proposes to construct a 2.5 MG tank as part of a bypass system that will allow the conveyance of treated water from the Lester J. Berglund Water Treatment Plant (WTP) around the existing Clearwell and directly to the distribution system. The major elements of this Project are assumed to be as follows: • A 2.5 MG tank to be located on a vacant site north of Lake Poway Rd opposite the existing Clearwell. The tank will be connected on the inlet and outlet sides to the Bypass Pipeline (a proposed pipeline being designed under a separate authorization). • The tank will be a permanent, circular pre-stressed concrete tank with column supported concrete roof that is partially buried with high water and floor levels that match the existing Clearwell. • Tank appurtenances: main and secondary entrance hatches with interior stairway and ladder, vents, overflow pipeline with air-gap connection to storm drain, and underdrain leak detection piping. • A valve vault located adjacent to the tank that is approximately 10 ft x 10 ft x 20 ft deep. • Manually operated valves. • Site improvements: paved access road, fencing, landscaping, temporary irrigation for plant establishment, storm drain hydromodification and bio-retention. • Basic 120v power supply at the tank entrance hatch tank. • Instrumentation comprised of sonic water level measurement with signal conveyed to WTP control building. • The construction plans and specifications for the tank will be merged with the documents for the bypass pipeline and issued for bidding and construction as one combined project. The City engaged Infrastructure Engineering Corporation (Consultant) via the Clearwell Upgrade Project Agreement dated May 15, 2019 (Agreement) and has also approved amendments for additional services including the design for the Bypass Pipeline (Amendment No. 3). Described below are the specific tasks to be performed by the Consultant related to the Bypass Tank Project. All tasks are directed to Consultant unless otherwise noted. SCOPE OF SERVICES 1.0 Project Kick-Off and Data Compilation Prepare for and lead one kick-off meeting with City's project team. Lead consultant team members will attend. Prepare agenda and meeting notes. In conjunction with the meeting, conduct a tank site visit to observe existing conditions. 2.0 Surveying Using the aerial flight and control information previously obtained for the Bypass Pipeline, prepare topographic base map for the tank site suitable for 1" = 20 ft scale. Conduct field survey to locate surface 1 of 7 7-8-20 60 of 151 April 20, 2021, Item #5features and other pertinent details on the tank site. Merge site and pipe mapping. Tie-in pothole locations to mapping via field survey. 3.0 Utility Research 3.1 Utility Records Research Review utility information previously obtained for the Bypass Pipeline along the Lake Poway Road corridor to identify existing utilities on the site and in the adjacent roadway. 3.2 Potholing Consultants's subconsultant {AirX) will perform potholing along the pipe alignment for up to 10 potholes in addition to, and at the same time as, the potholes identified in Amendment No. 3 Bypass Pipeline scope. The pothole information will be included on the plans, and the plans will be submitted to the respective utility owner for conflict checking at the 60% design stage. Potholes in paved areas will be patched with perma-patch type material. 4.0 Geotechnical Investigation Prepare a plan with figure {PDF) showing the location of proposed borings, seismic lines, and vehicle access routes for use by the City in obtaining environmental clearance for the investigation. The plan will include information regarding type and size of drilling equipment and support vehicles, number of personnel, and the approximate limits of the proposed work area for the geotechnical exploration. Consultant's subconsultant {Ninyo & Moore) will perform an investigation to evaluate the geotechnical and geologic conditions at the tank site. The specific tasks to be performed are: 61 of 151 • Review available literature pertinent to the geotechnical conditions at the site. • Mark the proposed boring locations for clearance by Underground Service Alert. Obtain a no-fee Right of Way Permit from the City. • Obtain a boring permit from the County of San Diego Department of Environmental Health {DEH). • Drill, log, and sample two {2) rock core borings within the proposed footprint of the tank. The borings will be drilled to a depth of approximately 60 ft. The upper portions of each boring will be drilled using hollow stem auger equipment until rock is encountered, where coring equipment would then be used. Rock cores will be collected, stored in rock core boxes, and logged by a geologist. Borings will be backfilled per DEH requirements. Excess soil/rock cuttings and drilling fluid from the borings will be containerized and disposed of offsite. • Perform two (2) seismic refraction survey lines within the proposed tank area, each approximately 200 ft in length. The seismic refraction lines will be performed to evaluate the general rippability of the subsurface materials at the tank location. • Perform laboratory tests consisting of in situ moisture content and density, grain-size distribution, Atterberg limits, R-value, and corrosivity. • Assess potential geologic hazards that may affect site development such as settlement, liquefaction, collapse, and earthquake shaking, and develop recommendations for site preparation and earthwork, general stability of proposed cut slopes, excavations, grading and excavation characteristics of the on-site materials, including anticipated difficult excavation, caving potential, and oversize material handling, fill material and compaction requirements, including suitability of the on-site soils for use as structural fill and bedding material, suitable foundation types for the 2 ofl 7-8-20 April 20, 2021, Item #5proposed tank structure, allowable bearing capacities, friction coefficient, allowable passive pressures, and corrosivity of the on-site soil in respect to concrete. • Prepare a geotechnical report presenting the findings, conclusions, and recommendations. 5.0 Preliminary Design 5.1 Bypass Pipeline Tank Alternatives Evaluation Evaluate and compare a circular versus a rectangular concrete tank configuration to determine the most cost effective layout. This will be based on a preliminary evaluation of the construction grading, general operational features, and a concept-level comparative opinion of estimated construction cost. Summarize the results and recommendations in a technical memorandum (with 11 x 17 figures) and submit to City in PDF format. Meet once with City to discuss and receive comments and reach concurrence on the preferred tank configuration. Incorporate the results of the evaluation in the Preliminary Design Report (Task 5.2). 5.2 Preliminary Design Report The Preliminary Design Report (PDR) will be based on the results of the tank alternatives evaluation and will incorporate the Bypass Pipeline PDR results so as to combine the tank and pipeline into one project. Prepare and submit a Draft PDR (in PDF format with selected 30% drawings presented as llx17 figures) that addresses the following for the Bypass Tank and Pipeline: • Site plan with construction and finish grading • Typical section for tank • Bypass pipeline horizontal alignment • Inlet and outlet valve location • Overflow with air-gap connection to storm drain • Tank drain • Underdrain system • Permanent stormwater facilities • Access road • Fencing The PDR will include a discussion of: • Options for staging and temporary soil stockpiling • Access hatches and stairways • Landscaping • Power and SCADA • Preliminary opinion of construction cost estimate. Meet once with City staff to discuss/coordinate design elements. Meet once with the City to review the Draft PDR and address questions. Prepare and submit a final PDR (in PDF format) that incorporates agreed upon comments. 3 of7 7-8-20 62 of 151 April 20, 2021, Item #56.0 Design The design effort described in this task is based on the project elements described in the Background section of this Scope of Services. If the project elements defined by the PDR are materially different, modifications to the design scope and fee may be necessary and will be based on mutual written agreement. 6.1 Tank PS&E Prepare a bid ready set of construction drawings, technical specifications, and an opinion of construction cost estimate {PS&E). The design will be submitted to the City for review and comment at these stages: 60%, 100% and Final. The PS&E deliverables are estimated to be comprised of the following: • Plans: Plans will be prepared on "D" size 24"x36" sheets at appropriate scales to show the work clearly. The project plan set is expected to include the following: Sheet Description * Discipline Estimated Number of Sheets* Title Sheet, Vicinity Map, Index of Drawings ** General 1 Abbreviations, Legend, Key Map General 2 Construction Notes General 1 Existing Condition Tank Site Plan Civil 1 Tank Site Plan Civil 1 Permanent Stormwater Facilities Site Plan & Details Civil 2 Tank Cross Sections Civil 1 Tank Appurtenances Civil 1 Tank Drain & Overflow Piping Plan & Profiles Civil 1 Tank Site Finish Grading and Access Road Plan Civil 1 Tank Site Civil Details Civil 3 Pipeline Plan and Profile** Civil 3 Pipeline Details ** Civil 1 Pipeline Valve Vault ** Civil 2 Pipeline Connection & Vault Details** Civil 2 Tank Inlet Piping Plan & Details Mechanical 1 Tank Outlet Piping Plan & Details Mechanical 1 Mechanical Details Mechanical 3 Structural Notes and Abbreviations Structural 1 Tank Sections and Details Structural 1 Tank Foundation Plan Structural 1 Tank Roof Plan Structural 1 Tank Wall Section and Elevation Structural 1 Tank Structural Details Structural 12 Valve Vault Details** Structural 4 Electrical Symbols & Abbreviations Electrical 1 Electrical Site Plan Electrical 1 Tank and WTP Area Plans Electrical 2 Electrical Schedules/ Details Electrical 1 Cathodic Protection {CP) Details** CP 2 4 o/7 7-8-20 63 of 151 April 20, 2021, Item #5Landscape Notes, Plans and Details I Landscape Irrigation Notes, Plans and Details I Landscape Total * Preliminary estimate -final list to be developed after completion of PDR. ** Plans from Bypass Pipeline Design The plans will be prepared using AutoCAD 2018 with the following deliverables: a 60% and 100% submittals: one PDF submitted electronically. 2 2 60 a Final submittal: one (1) full-size, signed and stamped mylar original set of plans. An electronic submittal will also be made including the drawing AutoCAD files, specifications (Word files), and cost estimates (Excel spreadsheets). • Specifications: Contract specifications will consist of mark-ups of the City's General and Technical Provisions to make them project specific and will utilize current Greenbook and City supplemental specifications where practical. Additional supplemental specifications, such as the steel pipe, will be provided in CSI format. Submit to the City for review at 100%. Submit Word files electronically for each submittal. The City will prepare front end bidding and contract documents. • Estimated Contractor Construction Schedule: As part of the 100% submittal, provide an estimated construction schedule showing major project elements, and estimated durations and sequence of work. Include any shutdown of plant operations along with estimated shutdown duration. Submit schedule electronically in PDF format. • Opinion of Construction Cost Estimate: Prepare construction cost estimate developed using estimated quantities from the design and general unit cost factors at 100% and Final. Submit one Excel spreadsheet file in City bid list format with each submittal. 6.2 Storm Water Management Prepare Storm Water Quality Management Plan (SWQMP) in accordance with City of Poway BMP Design Manual (February 2016) for permanent stormwater treatment and utilizing City SWQMP template. Submit draft plan (PDF) for review by City in conjunction with the 100% PS&E submittal. Address City comments and prepare and submit final report (PDF). Evaluate whether a Storm Water Pollution Prevention Plan (SWPPP) or Water Pollution Control Plan is required for construction. If SWPPP is not required, provide a Best Management Practices plan sheet to guide the contractor. The contractor will prepare and submit the Storm Water Pollution Prevention Plan or Water Pollution Control Plan, whichever is required. 6.3 Design Review Meetings Consultant will prepare for and conduct up to two (2) design review meetings/telecons with the City after the 60% and 100% design submittals to discuss project elements. Prepare and submit meeting notes. Other design coordination meetings are included in the Bypass Pipeline design Scope of Services. 5 ofl 7-8-20 64 of 151 April 20, 2021, Item #56.4 DDW Coordination Submit the 100% plans to California State Water Resources Board -Division of Drinking Water (DDW) for their information and review. Respond to their questions and incorporate their comments into subsequent submittals. Assist the City with obtaining DDW approval for project. Provide these services on a time and materials basis up to the level of effort defined in the subtask budget. 7.0 Environmental Support Services Provide technical documentation and support for project CEQA review and planning approvals. It is assumed that City will prepare and process any documents required for CEQA compliance. These services will be provided at City request and up to the level of effort defined in this task budget. 8.0 Project Management during Design Phase Provide project administration, reporting, and coordination with subconsultants to monitor their progress and provide interdisciplinary review of consultant and subconsultant work products. 9.0 Engineering Support during Bid and Construction Phases (future task) If City elects to add Engineering Support during Bid and Construction Phase services at a future date, City and Consultant will amend these services to the agreement upon mutual agreement. 10.0 Additional Services Prepare and submit revised draft Clearwell Alternatives Report and Bypass Pipeline Preliminary Design Report to incorporate the Bypass Tank and to address City and DDW comments. These services will be provided at City request up to the level of effort defined in this task budget. FEE Unused fees previously allocated to the design and construction phase services for the Clearwell Floating Cover, along with fees allocated to Bypass Pipeline Task 6.1 -Pre-procurement Bid Package Preparation and to Bypass Pipeline Task 9 -Construction Phase Support Services are being re-purposed toward the design of the Bypass Tank and associated services described above. With this re-purposing, the services assigned to these tasks are considered complete with no further work required by Consultant. The attached tables present the fee breakdown for the Bypass Tank design services described above and the overall contract budget breakdown and re-purposing. SCHEDULE The estimated schedule assumes a notice to proceed by July 13, 2020. The schedule for the geotechnical field work is estimated assuming receipt of environmental clearance by July 31, 2020. The schedule assumes timely responses for information and meeting coordination with the City and allows for submittal review periods by City of two (2) weeks. Delivery of the Final PS&E on February 12, 2021 is estimated. Review processes that are beyond Consultant's control may extend the schedule (e.g. City, utility agencies, DDW). 6 of7 7-8-20 65 of 151 April 20, 2021, Item #5ASSUMPTIONS • Environmental compliance and permit requirements will be provided by others. Additional information requested for environmental clearance that is not described herein can be provided on a time-and-materials basis. Compliance requirements pertinent to the construction will be included in the project specifications during design. • The geotechnical field investigations will not be conducted during days where red flag warnings are in effect. Equipment utilized during the subsurface exploration will include fire extinguishers. If any additional fire suppression services or equipment are required (e.g. fire trucks and/or water trucks on standby at the site, etc.), they can be provided at an additional cost. • No hazardous materials investigations, studies, or consultations will be performed. • The City will handle public notifications, outreach, and any coordination needed with local residents and community groups. • City will pay all permit and review fees required by reviewing agencies (e.g. DOW). • The following design items are not included, but can be added upon mutual written agreement: a Retaining walls or other structural elements needed for site improvements a Chemical dosing or automated sampling system for the tank a Modifications to other utility systems a Traffic control plans for construction a ADA improvements a P&ID's a Engineering support during bid and construction phases • Central SCADA and PLC/OIT programming will be provided by City. • Contractor will provide construction staking. • The design of any shoring required for construction will be the responsibility of the contractor. • Construction management, administration and inspection will be performed by the City. • In-plant inspection of the valve and pipe fabrication is not included. • Biological/cultural/archeological/paleontological resources assessments and monitoring during design and construction, if needed, will be provided by others. 7 of 7 7-8-20 66 of 151 April 20, 2021, Item #5Senior Project SeniorProfect Sr. Project Project Engineer Ill/ Task Task/Subtask Description Manager Manager Engineer Engineer/ CAD Ill Designer QA/QC Designer $235.00 $235.00 $200.00 $170.00 $155.00 1 Kick-off Meetin2 and Site visit 4 4 4 2 5urvevln• Surveying/ Mapping 2 6 Pothole Tie-ins 1 3 Utility Doto 31 Utility Data Review 1 8 3.2 Additional Potholinll 1 4 4 G•otechnical lnvesti11tion Field Work Plan 2 4.5 Geotechnical lnvestii:ation 1 4 8 5 Prolimlnuv Desl1n 5.1 Tank Alternatives Evaluation 2 16 36 12 Review Meetimz 2 2 3 5.2 Preliminarv Design Report 2 24 60 48 Review MeetinRs (21 4 4 6 6 Desl,n 6.1 PS&E Plans:60%/100",4 /Final 5 32 124 180 Soecifications 1 8 18 Schedule 1 8 12 Construction Cost Estimate 1 8 12 6.2 Storm Water Qualitv ManHement Plan 2 6 24 6.3 DesiJm Review Meetin1s (2) 8 6.4 DDW Coordination 2 7 Environmental SUDDOrt Environmental Support 1 4 6 a Proiect M■n■a:ement ProiectManaa:ement 16 Task Subtotal -Hours 26 153 0 329.5 246 Task Subtotal -Costs S6,110 $35,955 $0 S56,015 $38,130 CITY OF POWAY CLEARWELL UPGRADES PROJECT -BYPASS TANK DESIGN INFRASTRUCTURE ENGINEERING CORPORATION -FEE ESTIMATE Engineer II/ Engineer I/ Project Field CAD II Designer CAD/ Surveyor 2-Man Crew Subtask Subtask Designer Labor-Hours Labor Cost $145.00 $130.00 $145.00 $260.00 12 $2 560 8 16 S2 560 4 5 $815 9 Sl 595 8 13 S2075 6.5 Sl 235 13 $2,535 66 $12 210 7 $1450 134 $23,750 14 52900 572 96 437 S71595 24 51 $8655 4 25 $4 735 16 37 S6475 8 40 $7120 8 16 S3040 4 6 $1050 11 S2195 16 53 760 168 0 12 0 1506.5 ~ S24,360 so Sl,740 so ~ $162,310 Puge I of2 Direct Cost SlO s20 SlO $10 510 S166 S20 S246 Subcontract Subcontract Subcontract Subcontract Subcontract Subcontract N&M Kelsey David Reed Moraes/Pham Aerial AirX Subtotal Total Geotech Structural Landscape Elec/SCADA Mapping Pothole Subcontracts Cost 52 570 so S2 570 $4 245 S840 S840 S3420 so S825 $19 420 so 51595 $15 750 S15 750 $17 825 $93 543 Sl 260 Sl 260 s2 495 $88 513 S88513 S91048 $64 sa5 S5,166 $5166 S17 376 so Sl 460 S13 734 $3 045 $2 310 $19,089 S42 839 $0 S2 910 $223 029 $86,100 S24,098 S9,975 S120,173 $211,799 so $7120 $0 $3060 so S1050 $2195 so S2195 $3 760 so S3 760 $89,773 $105,000 $27,143 $12,285 $840 $15,750 $250,790 $413,346 BYPASS TANK PRE-DESIGN & DESIGN SERVICES $413,346 7/8/2020 April 20, 2021, Item #5Task Task/Subtask Description 10 IAddltion■I Services Clearwell Alternatives Report Modifications Bypass Pipeline PDR Modifications Task Subtotal -Hours Task Subtotal -Costs Senior Project M I Senior Project I Sr. Project anager QA/QC Manager Engineer 12 32 44 $0 $10,340 $0 Project Engineer I Designer $0 CITY OF POWAY CLEARWELL UPGRADES PROJECT -BYPASS TANK DESIGN INFRASTRUCTURE ENGINEERING CORPORATION -FEE ESTIMATE Engineer Ill/ I Engineer II/ CAO Ill Designer CAD II Designer Engineer I/ CAD/ Designer Project Surveyor Field 2-Man Crew Subtask Labor-Hours 12 40 Subtask Labor Cost g,820 _?_8,680 Direct Cost 10 $0 Subcontract N&M Geotech Subcontract Kelsey Structural Subcontract David Reed Landscape Subcontract Moraes/Pham Elec/SCADA Subcontract Aerial Mapping Subcontract AirX Pothole Subtotal Subcontracts _?_0 _?_0 Total Cost 111,500 _?_2,820 _?_8,680 S2 ~1~1=:>-<::1~1~1-===-====-1~1~1=>-< :::::>-< $0 $1,160 $0 $0 $0 >< $11,500 $0 $0 $11,500 ADDITIONAL SUPPORT SERVICES $11,500 TOTAL SERVICES $424,846 Page2 of2 7/8/2020 April 20, 2021, Item #5O'I \0 0 .... ..a. ~ City of Poway-Clearwell Upgrades Project IEC Budget Summary and Reallocation 037.PWAY.0012.01 -Floating Cover Design and Support Contract Amt Task 1: Kick-off & Data Compilation $9,690.00 Task 2: Clearwell Assessment $59,868.00 Task 3: Design $161,943.00 Task 4: DDW Coordination $9,930.00 Task 5: Project Management during Design $12,220.00 Task 6: Engineering Support: Construction $100,395.00 Project Totals $354,046.00 037.PWAY.0012.02 -Floating Cover Construction lns_e_ection Contract Amt Task 7: Construction Inspection $138,049.00 Project Totals $138,049.00 037.PWAY.0012.03 -Clearwell Alternatives Evaluation Contract Amt Alternatives Evaluation $34,100.00 Project Totals $34,100.00 Expended thru June 26 $9,164.27 $59,542.28 $29,269.13 $3,027.45 $5,030.36 $0.00 $106,033.49 Expended thru June 26 $0.00 $0.00 Approx Expenditures thru June 26 $35,713.50 $35,713.50 037.PWAY.0012.04 -Bypass Pipeline with Bypass Tank Design Added Contract Approx Expenditures Amt thru June 26 Task 1: Kick-off & Data Compilation $7,285.00 $7,217.50 Task 2: Surveying/ Mapping $11,350.00 $12,011.25 Task 3: Utility Data Compilation & Potholing $25,178.00 $4,597.46 Task 4: Field Investigations $34,682.00 $32,281.50 Task 5: Preliminary Design $30,770.00 $42,832.45 Task 6: Design $101,290.00 $0.00 Task 7: Environmental Support $2,100.00 $0.00 Task 8: Project Mgmt -Design Phase $6,580.00 $2,585.00 Task 9: Engineering Support: Construction $35,250.00 $0.00 Task 10: Additional Technical Support $7,175.00 $7,141.04 Project Totals $261,660.00 $108,666.20 Contract Totals $787,855.00 $250,413.19 7/8/2020 Remaining Re-purposed Budget Revised Budget Amount Adjustment $525.73 $525.73 -$525.73 $9,164.27 $325.72 $325.72 -$325.72 $59,542.28 $132,673.87 $132,673.87 -$132,673.87 $29,269.13 $6,902.55 $6,902.55 -$6,902.55 $3,027.45 $7,189.64 $7,189.64 -$7,189.64 $5,030.36 $100,395.00 $100,395.00 -$100,395.00 $0.00 $248,012.51 $248,012.51 -$248,012.51 $106,033.49 Remaining Re-purposed Budget Revised Budget Amount Adjustment $138,049.00 $138,049.00 -$138,049.00 $0.00 $138,049.00 $138,049.00 -$138,049.00 $0.00 Remaining Re-purposed Budget Revised Budget Amount Adjustment -$1,613.50 $0.00 $2,819.47 $36,919.47 -$1,613.50 $0.00 $2,819.47 $36,919.47 Approx Remaining Re-purposed Budget Amount Adiustment Revised Budget $67.50 $2,570.00 $9,855.00 -$661.25 $4,245.00 $15,595.00 $20,580.54 $19,420.00 $44,598.00 $2,400.50 $93,542.00 $128,224.00 -$12,062.45 $73,265.00 $104,035.00 $101,290.00 $219,529.00 $320,819.00 $2,100.00 $2,195.00 $4,295.00 $3,995.00 $3,760.00 $10,340.00 $35,250.00 $35,250.00 -$35,250.00 $0.00 $33.96 $33.96 -$33.96 $7,141.04 $152,993.80 $35,283.96 $383,242.04 $644,902.04 $537,441.81 $421,345.47 $0.00 $787,855.00 April 20, 2021, Item #5City of Poway FOURTH AMENDMENT FOR CONTRACT SERVICES THIS FOURTH AMENDMENT TO THE CONTRACT (the "Fourth Amendment") is made and entered into effective this seventh day of January, 2021, by and between the CITY OF POWAY, a municipal corporation (the ''City") and Infrastructure Engineering Corporation, (the "Contractor''). RECITALS 1. City and Contractor entered into that certain "Clearwell Upgrades Project" Contract, dated May 8, 2019 (the "Contract11), by which City and Contractor established the terms and conditions for providing design services for the Clearwell Upgrades Project (Project). 2. The Contract is effective through and terminates upon completion of the Project, as determined by the City in its sole discretion. 3. On November 22, 2019, the City agreed to amend the compensation and reimbursement provisions of the Agreement in an Amendment letter (Attachment 1) and increased the Agreement amount from a not-to-exceed amount of $385,821 to a not-to-exceed amount of $499,995, and revised the Scope of Work in accordance with Attachment 1. 4. On January 17, 2020, the City agreed to again amend the compensation and reimbursement provisions of the Agreement in an Amendment letter (Attachment 2) and increased the Agreement amount from a not-to-exceed amount of $499,995 to a not-to-exceed amount of $787,855, and revised the Scope of Work in accordance with Attachment 2. 5. On July 14, 2020, the City again agreed to amend the Scope of Work in an Amendment letter (Attachment 3) in accordance with Attachment 3. 6. City and Contractor now agree to amend the compensation and reimbursement provisions of the Agreement and increase the Agreement amount from a not-to-exceed amount of $787,855 to a not-to-exceed amount of $830,230, and revise the Scope of Work in accordance with Attachment 4. The Parties agree 70 of 151 ATTACHMENT E April 20, 2021, Item #5that the provisions of the amendments described in Recttals 3 through 5 were treated as formal amendments to he Agreeme t, at all times subject to all the terms and condi ions of the Agreement, and are now superseded by this Fourth Amendment. NOW THEREFORE. IT IS HEREBY AGREED AS FOLLOWS: Section 1. 11Scope of Service" of Exhibit ''A' en itled "Special Provisions' is hereby amended to read as follows: A. Scope of Services Consultant agrees o perform consulting services as required by Ci y which shall consist of the design services further described in t e Scope of Services submitted in writing on January 2 202 , which is included in this document as Attachment 4, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. Section 2. 'Compensation and Reimbursement'' of Exhibit A" entitled "Special Provisions" is hereby amended to read as follows: B. Compensation and Reimbursement City shall pay Consultant a fee in accordance with the Fee Estimate dated January 2, 2021 which is included in this document as Attachment 4. Total fee is not to exceed $830,230. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel {air auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement.. All expenses shall be itemized and supported by receipts for amOL nts in excess of Twe,nty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be illed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. 71 of 151 April 20, 2021, Item #5Section 3. Except as otherwise amended by this First Amendment, all other terms and conditions of the Contract, and each and every attachment, extension, amendment, and exhibit thereto shall remain in full force and effect. 72 of 151 April 20, 2021, Item #5IN WITNESS WHEREOF, the parties l1ereto have duly executed this Fourth Amendment on the date first above wrtt:te . CITY OF POWAY '!I-Manager VaicJa Paiolas1 OjQ,C, City Clerk APPROVED .AS TO FORM: ByaL-.~ Alan Fenstermacher. City Attorney 73 of 151 INFRASTRUCTURE ENGINEERING CORPORATION By: ~4~:M.........,_~_..__/...c....,c,_&___._· ~-----y __ I Robert Weber, Pres·dent Date: /-/2. --Lo2/ , April 20, 2021, Item #5~·rl·.\'E ', : \1-.t •1 I),\ 'E {,I OSU I. 'jlUl · ,\b ·or C. 'I .I 1 1-'ll,\NK, Cm111nlmun c, I . I I< '1 FO. 1 \HD, C:ouncilm 'lllbn JOHN. ll·I JJ '. C.m1111.:1I nnnbn November 22, 2019 Ande s Egense, P.~. ATTACHMENT 1 : FIRST AME D ENT CITY OF POWAY lnfrast c ure E ginee i g Corpora ion 142 1 Danielson St ee Poway CA 92064 Subject: Notice to Proceed: Design Amendment. No. 1 for the Clearwell Upgrades Project Dear Mr. Egense~ This letter ill serve as your Notice to Proceed for Ame dment No. 1 for the Clearwell Upgrades Project The amended scope and basis of payment shall be in accordance with the not-to-exceed fee of $114,174.00 as provided in the enclose c,opy of Amendment No. 1. The revised total not-to-exceed fee for the project is $499,995.00. If you ave any questions or need further information. please do n,lt esila e to contact me at (858) 668-4653, or via email at mrocco@poway.org. Sincerely, DEVELOPMENT SE1RVICES DEPARTME T Senior Civil Engineer Enctosure: Amendmen1 No. 1 c: Tom Frank, City Engineer Darian Demerjian, Management Analyst M:\ClP D ,elopm nt\CIP P ·oj 1s WTROO20 Cl a1°' II Up radcs Corr spondc1m:\C 1 ull 111\NTI IE Am ndment I Letll!r.Joc 74 of 151 iry Hall L rntcd nt L 32 "'i ,i -C nt r D ivc ,,ilinv d lrcss: P.O. Hox 789, Pt Wrl~'. Cnlifi,n ia 92074-07 April 20, 2021, Item #5Amendment No. 1 City of Poway Clearwell Upgrade Project Scope of Services ACKGROtJND • • • • The City of Poway (Ci y) has engaged I fras rue• ure Engine ring Corporation (IEC) via an agreement dated ay 15, 2019 o provioe engineering services in support of a project to replace t e floating co er on the Clearwell at the Lester J. Berglund Water Tr atm. nt Plant {WTP). Per the original scope of services, IEC ha previously prepared and submitted he 50% design for replaceme t of he Clearvitell flo ting cover only and provided a draft assessme t report describing other kev Clearwell components. The results oft e assessment are that the geome brane liner in· he Clearw 11 has reached t e end of its useful life and should be eplaced at the same time as the fl ating cover. The assessment also ates that the six (6) ortcrete inlet/outlet struct res i the Clearwell should be re abi itated at he sa e time. Based o this informatio , the City as elected to revise the orig·nal project approach to have the floating cover, geomembra e Ii er a. d other project components described above reJlaced as part of the same project. This Amendment No. 1 describe the change and additions in scope and fee for !EC to address t ese changes to the project. ·°'II tasks re directed to IEC unless otherwise noted. Change nd additions to the original scope tasks are described below. COPE OF E VICES • • • • • • > I I f Review c:vailable documentation, reports, and record drawings pertinent to the geomembrane liner and inlet/outlet structures. Develop revised approach to construction of combined cover and liner. I . f .'i I I : I '· ':. I JI .2.1 -ULTRASONIC TESllNG INVESTIGATION OF EFFLUENT PIPELINE Provide confined space entry support services during field investigation of effl ent pipe in below grade gallery. 2.2 -MATERIAL TESTING OF CLEARWEll GEOMEMBRANE LINER ANO FlOATING COVER No additional services anticipated regarding the geomembrane liner. At the same time as the geo embrane liner material is sampled, obtain coupons of the Hyp.alon floating cover at two (2) locations and have them tested for thickness, tensile strengt , tensile elongation1 tear stre gth, hydrostatic res·stance, ply adhesion, water absorptio ; .and surface cracking. Repairs to the existing floating cover and geomembrane liner will be performed by City staff or a geomernbrane specialty contractor engaged by the City. 2.3 -FACILITY INVENTORY AND ASSESSMENT Incorporate the results of the Hypalori floating cover material test results (from Task 2.2) in he Assessment Rep rt and discus.sin the report the poten•ial eed for replacernent of the geomembrane liner. Add disc•Jss·ion in the report regarding the option of replacing the g omernbrane liner at the same time as the f oating cover. Submit the raft and final report per the original Scope of Services. 75 of 151 April 20, 2021, Item #5SCOPE OF SERVICES Provide opinion of constructio cost estimate for project that combines floating cover and geomembrane liner replacement. Prepare a d submit concept level construction co.st estimate for a bypass pipeline t at provides a direct connection between the WTP and th distribution system piping duri.ng an extended shutdow of the Clearwell. Present cost estimates in a technical memorandum that includes a description of the pipeline align ent and considers 20", 24" and 36'' pipeline diameters . . F I ;,f I 3.1 -PLANS, SPECIFICATIONS AND ESTIMATE Prepare plans, specrfications, and engineer'.s opinion of probable construction cost es imates {PS&E with the addition of the eomembrane liner and modifications to the six (6) concrete inlet/a tlet structures. The expanded plan set is estimated to include he following drawings: Two (2) General sheets incl ding a t,Ue s 1 et, list of abbreviations, legend, general notes and key map Two (2) Floating Cover a-d Geomembrane Liner Notes • One (1) Demolition Plan One (1) Construcfion Sequence Plan Thirty-three (33) floating Cover and Geomembrane Liner Plan and Details Three (3) Inlet/Outlet/Overflow Structure Mo ification Details Five (5) Electrical Note Plan and Details Three (3) Erosion Control Plan and Details Where practicat the PS&E will b prepared using the portions of the previo sly p epared 50% PS&E {from the floating cover onl•t replacement design). The previously submitted 50% design package will be revised to ·nclude the geomembrane liner and resubmitted. he PS&E will be prepared and submitted according to the parameters described in the original Scope of Services. 3.2 -DESIGN COORDINATION MEETINGS Prior to the start oft e expanded desi effort, prepare for and attend a meeting i,; i h the City to discuss the project etements and construction approach for replacement of the floating cover and geomembrane liner. The goal of this meeting is to reach concurrence on the project eleme ts to be carried forwa"'d in the design. Provi e addi tonal support services to coordinate he revised project with the california St te Water Resources Board • Division of Drinking Water (DDW),. This ay in lude up to one additional meeting (with DOW and cover/liner desig er on conference call). Provide these services on a time and materials basis p to the level of effort defined in he task budget. 2 Cily of Po O)' Stope of Ser-.ice!. for Cl arwell Up9radc1 Projctt 76 of 151 April 20, 2021, Item #5SCOPE OF SERVICES I f•· II I • 1 I I L Ji I / I I • j Coordinate with he City to efine the expanded project components, ad inister the project scope and budget adjustments and subcons ltant co racts, and manage the project for the extended project schedule a d addi ional services. I 1 • ,I I I J· I I · I I H I ; I I) I 'II JI 'II ·, . 11 j I I 1'! 6. l -ENGINEERING SUPPORT DURING BID P ASE No additional services a ticipa e , The support serv ces will be provided up to the level of effort defined in the task budget. 6.2 -ENGINEERING SUPPORT DURING CONSTRUCITON PHASE These support services are i additio o those ,in the ori,ginal Scope of Services and will be provided on a time and materla:ls b(:lsis up to the level of effort defined in the task budget. Floating cover / liner desi ner wiU distribute the previously budgeted site visits during the liner and cover construction at vario s stages. Estimate up to ten (10} submittal item reviews and re-revie NS associ ted with the liner. Estimate up o two (2) responses to c1 ange o ders, field orders; a d RFls associated with the liner. Prepare reco d drawings for additional! drawings. Provide project management .services during extended coostr ction phase to account for liner. r l ,: II J 11 ·1 I The services described hi the original Scope of Serviees are unchanged. 1he level of effort estimated for this task is revised to add time for the lo ger construction period associated with the addition of the liner replacement: wo {2) additional months for preparation, procurement ,and fabrication of the Hner1 and liner demolition and combined c,over and liner i stallation. This renders an overall construction period of l'P to nine (9} months total. The period of onsite part time i spection is extended by six (6) weeks to allow for the combined cover and Ii er installation. The services will be provided on a time and materials basis up to the level of effort defined in the task budget. SCHEDULE • • C • • Based on City approval of this Amendment before December 31, 2019, assuming timely concu rence on the project design elements, timely scheduling of meeting and responses fo.r information, and allowirigtwo (2) weeks for submi al reviews by the City, the estimated delivery of the final PS&E submittal is t.we ty-four (24) weeks from th approval oft e amendment. In ermediate PS&E submittal deadlines will be coordinated with the City following amendme t approval. The schedule for Tasks 6 and 7, .iupport during the Bid and Construction Phases, will depend on the City's ac ual schedule for he bidding, award and construction phases. T e scope and budget for these services assumes that project construction will be completed by June 2021. If the project extends beyond these periods, IEC wilt have the oppo unity to revise rates accordingly. l City of Po...-ay Scope oi .5crvi<et for Clearwcll Upgrocl 5 Project 77 of 151 April 20, 2021, Item #5SCOPE OF SERVICES INFORMATION ND SUPPORT TO BE PROVIDED BY CITY • The original Scope of Servi es provides a .escri:ption of wh Is expected and required from the City to execute the Project. ASSUMPTIONS • • • The following assumptions pply in addition to those listed in the original Scope of Services: 1. It is assumed that a bypass system will be implemented by the City sot at the Clearwel! can b taken offline or the time reeded to remove and replace the floating cov4?r and geomembrarie liner. T e design of the ypass system is not included in this Scope of Services. Design changes or a ditional efforts beyond those described ln the Scope of Services above that ay be needed to address special require en s (e.g. d velop extraordinary measures to protect vater quality, design rework, or scope changes due to DDW requirements) are not include b t can be added pon m tual written agree ent. 2. The City will be responsible for shutdown, isinfection and start-up requirements ssociated with the Clearwell, pipelines and WTP facilities external to the Clearwell. 3 The geomembrane liner des gn will be in accordance with the current standards: • 1 Flexible-Membrane Covers and Linings for Potable-Water Reservoirs," .AWWA Manual M25 • " andard for Flexible-Mem rane-Lining and Floating-Cover Material for Potable-Wat,er Storage/ AWW D130 Re1tistd 10-17-2019 4 City of Pcwcy Scope of Ser1ti('u for Cleo r well Upgrad j Project 78 of 151 April 20, 2021, Item #5crrYO. POWAY (t.EAIIWEU U'6RAD€ PR01fCT IIM£fJDMCN1 No_ 1 FU EHl;M,HE f.NFRJ.S'Tltl,J.CTV ~N@Nfl'/1.IW CO. 1'(JltA no,j f ~1,- ( ' c,..· .. r-,p, .. .,, ,-~•· .. ~~·~·~~~~.;~~·g~~·~-~·-:::~.~~~1~~1.~--~:-:-:-c..,.~.-.~"---J--,--i---t----+---+----+---+----t----+----+-.--+-.,..,.,,,,_1-..,.,,.-t---.,,.~-t--~~ -~ ·~ lti,'lr-¥ I t,..~1'-••~•rt·••lr,1 ..,_~\.;.,.. '!1111. . .t,1._·-• ......... ..,-" .... -,. ... -,._, ~· ....... . . II,: ~Wt, ,,. ..... I I I =• I hili I I 1::-.. ,.,r .... ... --.-t----1"-, --,~-,,-;,:--:-~:,..., ..... .,..,,,---,·•;-,.,~--.-.. ..,.,,....,.,-_,,----+----!'----l----+---+----+---+'---+----il-----+---"---!-.:c_-+--f--1--'---t----c,-c-,,¾ --l ,,..,,,,;.,_.,..._"'.,.,,.i -.....,.,,.(..--....-,,.,1.,,.-.-Mlt ~.,, ......... (.,ft • .... _ fr•,1 .--.,-..,.... •-•• •,:: :, ,,, ,11.,-.. '••• ,. <flll l_tol.1•-., •.,~-•. c-,1, lsi ~naui, t,itu.;uahilN •--••Ill • •1-'C ....... <•...,•r ...._..,_ ..,.,,., _. u, .. ,1 ulC•·•"° l U:uAII 79 of 151 ,. 1 ~, .. , i-•J -:::><: '"'... ,1r:il AMEHDMf!"'1f ..., 1 tof .r.t. ur Sil•. u, I OlllGI >. ~ i u J h '7 __ ,..,. ,;.. . .. -,..,~ --.J!-~~----~~ U~'t"' 1,'. '.l•l'i J•'I,;" ! !ai<-o\l April 20, 2021, Item #5Infrastructure Engineering Corporation 14271 Danielson St Poway, CA 92064 Attention: Anders Egense, PE 5590 Vi e Campo orba LI da. CA 92887 (909) 590-5200 July 26, 2019 (via email) City of Poway, Clearwell Upgrades Project, Clearwelf Floating Cover Professional Engineering Design and Construction Support Services, Change Order #1 Mr. Egense, lnfras ructure Engineering Corporation (IEC) was retained by the City of Poway (City) for the subject project. Hilts Consulting Group (HCG) was retained by IEC to provide professio al engineering services for the floating cover portions of he project, as d~ ailed in the origi al agreement. As part of the original scope or work and as a result of the existing HOPE liner material investigations there is sufficient evidence to suggest the existing liner material may be at or near the end of its useful life and highly doubtful the existing liner is adequate to expect an additional 20 years or more of service life to coincide with the anticipated life of he proposed replacement floating cover. To provide the City additional information to assess an alternate project implementation strategy, HCG proposes material testing be performed o the existing Hypalon floati g cover material. The purpose of the ma erial testi g is o estimate the additional remaining life for the existing floating cover material and in turn provide the City additio al time to plan and implement the necessary measures to accommodate a clearwell Hner and floating cover replacement. Scope of Worlc HCG will provide coordination .and collaboration with IEC and 3rd party geomembrane material testing laboratory. HCG has (2) existing Hypa on floating cover material samples obtained as a result of the prior existing HOPE. liner material acquisition. The floating cover samples are above the eservoi normal water tev I and from the nor hand west side slopes. G 80 of 151 Hi ts Consulting G,atJp. Inc. 5590 Via de Campo YorbQ lir.da1 CA 92887 (909) 590-520 April 20, 2021, Item #5City of Poway, Clearwell Upgrades Project, ClearweU Ft-eating Cover Professional Engineering Design and Construction Support Services, Change Order #1 July 26, 2019 P ge 2 HCG will retain a 3rd party material testing laboratory to perform geomembrane floating cover material testing. Proposed tests include hickness, tensile strength, tensile elongation, tear strength, ydrostatic resistance, ply adhesion, water absor tion, and surface cracking. HCG will review 3rd party laboratory test results and provide professional opinion on the cond'tion of the existing Hypalon floating cover material. PROFES IONAL FEES The profession31 fees for scope of wo k defined above are proposed on a time and materials basis with an estimated $6,000 not to e)(ceed amount. T e fee associa ed with t e additional wo k is comprised of 12 hours of HCG involvement plus the 3'd party laboratory testlng and associated markup. At tr e direc ion of IEC, additio al se vices may be performed and .shall be based on the houfly rates in the attached fee schedules plus reimbursable expenses. Please review thfs change order proposal and if acceptable forward an agreement amendment so the above work may be ini iated. HCG apprecfates the opportunit\, to continue collaborating wlth the IEC on the City of Poway, Clearwell Upgrades Project. If you ave any questio s regarding this proposal, please call me at (909) 590-5200. Very truly yours, Hift Consulting Gro ,p, Inc. :E.Zs/1¼-p eside t N C 81 of 151 HUts Consulting Group, lr1c. 5590 Via de Campo Yorba Linda, CA 92887 (909) 590-5200 April 20, 2021, Item #5hi Hilts Co suiting Group, Inc. 5590 Via de Campo Yorba Linda, CA 92887 {909 590-5200 lnfrastr cture Engineering Corporation 14271 Danielson St. Poway, CA 92064 Attention: Anders Egense, PE October 141 2019 (via email) City of Poway, Clearwell Upgrades Project, Clearwell Floating Cover Professional Engineering Design and Construction Support Services, Change Order #2, Rev.2 Mr. Egense, lnfrastruc re Engi eering Corporation (IEC) was retained by the City of Poway (City) for he s bject projec . Hilts Co suiting Group (HCG) was retained by IEC to provide professional en5inee ing services for the floa ing cover portions of the project, as detailed in the original agreement. As part of the original scope or work and as a result of the existing HDPE liner material investigations there is sufficient evidence to suggest the existirig liner material may be at or near the end of its useful life and highly doubtful the existin8 liner is adequate to expect an add'tional 20 years or more of service life to coincide with the anticipated life of the proposed replacement floating cover. The City has requested a ro osal to rndude rofessional engineering services fo a replacement geomembrane liner. Scope of Work: The geomembrane liner is envisioned to be a 45 mil, 3 ply, CSPE geomembrane liner material supported on a nonwoven geotextile laid over the existing asphalt plank lining system. Work may include minor modifications to existing hydraulic· structures located within the reservoir to better accommodate the new floating cover and replace existing corroded miscella eous metal items (i.e., grati gs). Since the reservoir will be out of service mcdifica ions to t e (2) existing lnle struc uresl (4} outlet structures, and Overflow structure within he reservoir wilf be performed to make t e structures rnore floating cover friendly. The modifications will include reducing the height of vertical concrete walls so tructures are lower profile and more flush with reservoir floor and side slopesJ eliminate need for pipe g illages or reduced grillage height, minor co.ncrete repairs where necessary, and replace existing corroded grati gs. G 82 of 151 Hilts Cansulti g Group, Inc. 5590 Via de Ca p orba Unda, CA 92887 909} 590-5200 April 20, 2021, Item #5City of Poway, Clearwell Upgrades Project, Clea rwell Floating Cover Professio al Engineering Design and Cons uction Support Services, C ange Order #21 Rev2 October 14, 2019 Page 2 HCG's scope of vork includes preparing desig 1 drawings and technical specifications for the additiona geomembrane liner and incorporated in o the floating cover scope of work construe ion bid documents. The geomembrane liner design shall be based on the c nent state of the art design and will be in accordance with the latest standards: • AWWA "Flexible-Membrane Covers and Linings for Potable-Water Reservoirs/ AWWA Manual M25. ,. AWWA '1Standard for Flexible-Membrane-Lining 3nd Floating-Cover Material for Potable•Water Storage/' 0130. HCG proposes to perform the following professional engineering services: Task 1-Pro;ect Kick-off and Data Collection • No additional work to be performed. Task 2.2 -Geomembrane Liner Material Test'ing • No a ditional work to be performed. Task 2.3 --Clearwell Assessment • No additional work to be performed. Task 3.1-Plans, Specifications and Estimates G 83 of 151 • Provide additional project management. • Provide additional coordination and collaboration with IEC regarding liner portion of work. • Review AWWA California-Nevada "Reservoir Floating Cover Guidelines" (Guidellnest AWWA Manual M25, nflexible-Membrane Covers and Linings for Potable-Water Reservoirs;"' and AWWA Standard 01301 "Flexible-·Membrane Materials for Potable Water Applications'' for applicability to site-specific project requirements. • Prepare detailed construction drawings) technical specificatio s, and calculat1ons for liner portions. • HCG estimates up to an additional 12 drawings for geomembrane liner portions of project and up to an additional 3 structura.l drawings for existing structures modifications. Liner drawings will be incorporated into floating cover drawings. • Prepare additional Technical Specifications in CSI 1.7-division, 3-part format for liner related portions of work. Estimate the following specification sections: o 02050, Demolition o 02776, Geomembrane liner o 05500 Miscellaneous Metalwork Hil! Con.su tina Gr Uf:!1J!!_r;_ 5590 Via de Campo orbi l.lnda, CA 92887 (909) 590..52 0 April 20, 2021, Item #5City of Powa I Cle rwell Upgrades Project, Clearwell Floating Cover Professional £ng·neering Design and Construction Support Services, Change Order #2, Rev2 October 4, 2019 Page 3 o 07120, Fluid Membrane • Prepare and incorporate liner progress submittals with floatin cover work. • Provide enginee 's opinion of ,probable constr ction cost estim te and construe ion schedule duration for geomembrane liner portions of work. Task 3.2-Coordination Meetings • Attend additional (1) liner scope coordination meeting. Task 4 -DOW Coordination & Meeting • No addi ional work to be performed. Task 6.1-Bid Period Support • No additio al work to be performed. Task 6.2 -Engineering Support During Construction Phase • • • Review Contractor subrnittals and shop drawings for conform3nce with engi eering design d awings and technical specifica·ions. Proposal assumes up to (10) liner related submittals and shop drawings. Prep.are written technical respons,es to Contractor's Requests for Information {RFI) . Proposal assumes up to (2) RFl's for geomembrane liner portions of work. Proved record drawings based on redline as-bum markups provided by the Contractor, construction manag r, and/or Poway for geomembrane liner portions of work. HCG is not responsible for documenting in-fieid changes or performing final asebuilt site s rvey at comp etion of construction. Deliverable shall include electronic pdf file of record drawings. Proposal is based on the following assumptions: H 84 of 151 • Major modi"ications to e>eisting inlets, outlets, overflow, and drains are not included. • Site drainage improvements are not included. • Chemical d·isinfection system is not included. • Site work1 including yard piping, site drainage, fencing, paving, chemical piping, etc., is not included. • Geotechnical engineering is not included. • Coatings, painting, and cathodic protection systems is ot included. • Deliverables shall be in electronic pdf format. Hard copies, if required, shall be provided by others. • Off-site visits to manufacturing plant and shop fabrication for observafon and in·spectton services are not included. Hilts c. po Yorba Linda, CA 92887 (909) 5 0-520 April 20, 2021, Item #5Cty of PowayJ Clearwell Upgrades P oject, Clearwell Floating Cover Professional Engineering Design and Construction Support Senlices Change Order #2, Rev2 October 141 2019 Page 4 • Cons ruction ma agement, contrac management, support services duri g construction, and i. spection se vices are not included. • No additio al data review to be performed per aining to new liner work. • No additional DDW coordination to be performed pertaining to new liner work. • No additional co str ctio phase coordi ation or project management to be performed pe aining to new liner work. • No additional construction phase site visits or meetings to be performed pertaining to new liner work. PROFESSIONAL EE The professional fees for change order scope of work defined above are proposed on a time and. aterials basis with a cost breakdown as listed below, Task l Kickoff & Data Rev·ew 2.2 Geomembrane Material Testing 2.3 Clearwell Assessment 3.1-Plans & Specifications 3.2 -Design Coo dination Meetings 4 -DOW Coordina ion 6.1 -Bid Period Support 6.2 -Engineering Support During Construction Total Fee so $0 $0 $35,000 $2,000 $0 $0 $12,000 $49,000 At the directio of IEC, additional services may be performed and shall be based on the hourly rates i the attached fee schedules plus reimbursable expenses. 85 of 151 Hilt5 n uJring Group, I c. 5590 Via de Cam o Yorba Linda, CA 92887 (9 9) S9 -52 April 20, 2021, Item #5City of Poway, Clearwell Upgrades Project Clearwell Floating Cover Professional Engineering Design and Construction Su port Services, Change Ord~r #2, Rev2 October 14, 2019 Page 5 Please review this change order proposal and if acceptable forward an agreement an;endment so the above work may be i itiated. HCG appreciates he opportunity to continue coJlaborating with the IEC on the City of Poway, Clearwel'I Upgrades Project. I you have any questions regarding this proposal, please call me at (909) 590~5200. Ve y truly yours, 1-1;/ts Consulting Gro p, Inc. £26s//¼-President 86 of 151 5S90 Viad Campo Yorba L nda, CA 92887 (909) 590·5200 April 20, 2021, Item #5FEE SCHEDULE FOR PROFESSIONAL ENGi NEERING SERVICES Professional Services: Classification / Title Principal Senior Enginee Project Draftsperson Clerical Reimbur.sable Expenses Reproduction 0 tside Consultant Services Automobile Transportation Delivery/ Courier/ Express Mail Travel/ Subsistence Hourly Billing Rate $200.00 $185.00 $115.00 $55.00 Cost plus 15% Co.s plus 15% $0.55 / mrle Cost plus 15% Cost Notes: 1. 2. 3. Hourly billing rates and reimbursable e><penses effective for the 2019 calendar year. Hourly billing rates for calendar years after 2019 shall be increased for inflation. Automobile transportation reimbursable expenses for calendar years after 2019 shall be adjusted pe IRS regulations for vehicular expenses. 87 of 151 Hilb Comultinq GroupL_!flf:. 5590 Via de Campo Yorba Lil'lda, CA 92887 {909) 590-5200 April 20, 2021, Item #5City of Poway, Clearwell Upgrades Project, Clear ell Floating Cover Professional E gineering Design and Construction Support Services, Change Order #2, Rev2 October 14, 2019 Poway ~.t., DlstriCl Pow~ T,ealmut " OAM'tll Flo;nl Cov tustssmmt, Desl111 &. CA Ptllses · Professlo•i»I fee f$1h qtc Ch1n1e Ordu •z TiUtC$ Ht LIili ... 11 t•.r• · 1nauoi:rn) ~ .. "''"·'"" s,11 F.ns, ,-h. 11,hb 'l',nl fot,al• f&it,·11 l.,At • add; k(lp., ••lb tl•hC,-<>•d.• ,w ,tw, I ff,-,. .. ,... rrn~rf i.nfomio1hon r.u,cff Met1,rrl. ~Ii~ ~•i1t -----------• l-~ G;ronun,br<onr: __ M~trti l I.,. ~• fl \/i»1. 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P,op d Ch na~ Ord~r 17 (I ~ O~nJ 324 5590 Via de Cc1mpo Yorba Linda, CA 92887 (9 ..,)SO 5)0 April 20, 2021, Item #5,TE\'F. V.\l ~. ~l:irr, ~,\YJ.11 Hl1\ 'K, De 11') 1 l:i ·u DAVE c;ltO!> :11. t:1 rnc1lmcmb1·r l31\I I \' J.E 1 ';\RD, :u ncilmemh ·r JOlh I f\·1 11.1.IN,C,i ncilm·mbu January 17, 2020 Anders Egense, P. E. ATTACHMENT 2. SECOND AME DMENT CITY OF POWAY VIA EM All & FIRST ·CLASS MAIL lnfrastruc ure Engi eeri Corporation 14271 Danielson Street Po ay, CA 92064 Subject: Notice to Proceed: Des·gn Amendments No. 2 and 3 for the Clearwell Upgrades Project Dear Mr. Egense: This le1ter will serve as your Notice to Proceed for Amend ant No. 2, Evaluation of C earweJI Aile-natives in the amount of $34,100. 0 and Amendment No. 3, Clearwell Bypass in the an ount of $253.7 0.00. for he Clearwell Upgrades Project The amended scopes and basis of payme ~ for each amendment st all be in accordance wit the no -to-exceed total fee of $287,860.00 as provided in he enclosed copies of A end ens No. 2 and 3. The revised total not-to-exceed fee for the project is $787,855.00. This letter also directs you to prace work related to the original scope and Amendmen No. 1 tem. orarily on hold while ,vork is completed n Amendments o. 2 and 3. You will be informed in w i ing whe these por1ions of the work may be resumed. If yo have any questions or need further information, please do not hesitate to contact me at {858) 668~4653, or via email at mrocco@poway.org. Sincerely. RVICES DEPARTMENT Melod}' o, P .. E. City Engineer Enclosure. Amendments No. 2 and 3 c: Darian Den erjian. Management Analys M:\ I _Devclopmem\.Clr' Projcct·\WTR0020 CJ <11v·II U gmd s Ccnespondence' nsLiltar t\ TP IEC mend11e111 2 m1d 3 Lene ,doc 89 of 151 Ctt)1 H,111 Locntcd iH 13325 ivrc Center Drive Mail inc• Add -i;:~$: P.O. 3 x 789 Poway, c~lifornia 9 07 A -0789 Wl,VW. pO\lhly.org April 20, 2021, Item #5January 15 2020 Ms. Melody Rocco, PE City Engineer City of Poway, Development Services Department 13325 Civic Center Dr Poway, CA 92064 rl , i'-1 ,_.,r , • 1 , , Re: Poway Water Treatment Plant -Clearwell Upgrade Project Amendment No. 2: Evaluation of Clearwell Alternatives Dear Melody: Per your request, we are pleased to submit this proposal to provide an evaluation of alternatives for the existing 10 MG Clearwell at the Lester J. Berglund Water T eatment Plant (WTP). We understand these se ices wlll be executed as an amendment to IEC's existing contract for the Clearwell Upgrade Project (dated May 15, 2019). Our proposed sc.ope of services is aimed at comparing three options for the Clearwell at a conceptual level: retain the existing reservoir with new liner and floating cover or replace the existing reservoir with dual tanks, either welded steel or pre~stressed concrete. The comparison assumes that the operational high water level in the existing reservoir is preserved to avoid hydra lie impacts to the WTP. Information required from the City is as follows: • Bilfin records from City for water sales and updated GlS data for meters. Data ~hall encompass past three years of billing data and shall, at a minimum, contain the monthly water consumption and meter ID. The meter IDs all be a unique value that links to a GIS meter element. If there is o unique meter ID, then the meter billing data and GS .should both contain either a parcel number or address. • Da a on Clearwell operations under existing minimum and maximum demand conditions, A minimum of one week of data is required from each period from the City showing WTP production rate, Clearwell level and Clearwell outflow rate or the same time scale (in Excel spreadsheet format wi h data at O min intervals). The specific tasks to be performed are s follows: 1. Demand and Hydraulic Model Update • Obtain and review billing data from City. • Update existing system demands in the City s hydraulic distribution systern odel. Perform analysis of he billing data to determine the thre •vear average for each t12'i' 1 n i c11 Sir i, Poway_ Colif ,n,. 92 ,tl 1 S . IJ. ,1 90 of 151 April 20, 2021, Item #5acco nt. Li k the billing data and GIS 1eters with average annual demands (AAD). Use the functions within the model to load the system demands by pressure zone where possible. Document the final e isting AAD in t e mode . • Develop estimate for ultimate system demands by sea ing fro the updated exis in demands using previous Mas ·er Pia (2009) estimates. 2. Clearwell Volume • Review WTP data and analyze ClearweU operation under existi· g minimum a d maxi um demand conditions sing a mass balance approach. Develop a preliminary volume for the replacement Clearwell (dual tanks). • Conduct an .anal~is using the updated hydraulic distrlbutio system model to valida e the proposed Clearwell volume and WTP capacity in terms of existing demands. Determine impacts, if any; to the WTP and distribution system operations using tt e proposed Cf arwell volu, e and identify volume adjustments ·f needed. • Summa ize the findings fr.om Tasks 1 and 2 in a brief tech ical emorandum (TM) and submit to the City in PDF format. • Prepare for and mee wi h WTP Operation staff to discuss plant and Clearwell operations. The goal o this meefng will be to reach coilsens son the volume o be used for evaluating afternative Cl-earwell s ructures. 3. Compare Clearwe I Structure Alter.natives • Evaluate three options based on t 1e parameters from Task Currently planned floating cover a d liner replacement (includi g pote tial need for modifications to overflow str c ure} o Dual w lded ste f tanks c Dual prestressed concrete tanks • For each option, esti · ate concept-eve·1 construction cost that incl des general grading, tank construction, piping modifications and floating cover/liner replacement ( sing information from the recent project preliminary design). The estimates wtll assume existing subsurface conditions can provide satis actory support-for-any ofthe alterna ive~ without specia·I foundation requirements. • Compare the options in terms of capital an life-cycle costs considering estimated fu ure maintenance intervals and operational elements 4. Report • Summarize the results of the preceding tas s fn a report that includes a plan view graphic for each alternative. Submit draft of report ln PDF format for City review. • Respond to City comments a d submit a final report i PDF format. 91 of 151 April 20, 2021, Item #5EXHIBIT .. A" Following receipt of the City's otice to proceed and t e billing records and operation I information described in Task 1, the Clearwell Volume TM wm be submitted within three weeks. The Draft Report will be submitted within three weeks of the meeting to discuss the TM. The fee fort ese services is presented in the attac ed table and will be invoiced monthly on a time and materials basis. Please advise if this prompts any questions. Thank you for the o portunity to be of service to the City of Poway. Sincerely, ~e< Senior Project Manager Enclosure 92 of 151 April 20, 2021, Item #5T•• lau, bl~~ D i.c.lW tt1 n Oo.a,•nd _,., ,1,1,-llc l\olnd•I I.IMtla 1M~ltw/~frunD,,,..,,,-d Cul• O'\d '1p<!.1.10Mod'd ~-•~ a.-11 'J'olumt l4n•nVdrnm nnJlh~r•"'°" -..:1it.l•m~rn;l~1'1. ll'ot~i.n, Ca..--,,Nro Ocr,..,,11 $1Ju1u1~ ldltrnll!,ln (~l.,tr.aleUIJl!~I i!!'ld l.1tc. C•otlrCo'il\. ~.nma.l.!ilOt!ltaf'lt 111--IIPO.Jr! PtoltrtM•.na,arnc,t lf'•c,IOP't "''"lr•m«n1 93 of 151 CITY OF PO :AV CLMRWEHAl.TERNATIVES EVALUATION INfffASTRUCTURE ENGINEER/ G CORPORATION· ffE ES MATE 11,r _'('(, ~ .. ~,,, ~--fl: 11ttt !If/ {'1\0111 ,r-,1 n,'JI u/1 fti r-~0! -',-:fo1'Q' ,, Cl,D I r,,,.-a,n., D•I J 10l'I ()-;1/{J \ "'"' SlJ5.00 s.nsm $1!.~.0J Sl'4~.00 ,nooo 11 n s 20 IE Ta~<;..bi .. ul->;0wr5 1 so a 0 $ 111, li,v,l[auo " 2~ .1G :,:, ) IOiJ ,.,~s,,otoit-4. com 5~7Q Sll.750 so $&.!lC-0 S4) ..::><: r, I ..JI ~WIH~ iot•I ·Cnl f!Jtit<t.(Of.i !,JJb(OlllJKI l, '1 I,> ir.5 s,40 '§0 '.5,,i 7lS s, 61i5 Sl7.S1S s,_5,;~ $1) S,il..4!1A S:1.(K,t .51.ll~ SG _!>U3~ ~!.2~ s,v.. HO ~!i7 U.282 u.110 $«,Ho so SC S..1li0 SlHD ~ sr. SI.UC ~.05 ~-' ◄~~ $0 ~II S-t ql!, 'fill~ $70'.> !,tJ Sll l-70S .jl!l,llrl SlO >l-1,0lO S3UOO EN<ilNfE~ING SERVICES $3 ,100 April 20, 2021, Item #5SECOND AMENDMENT cont. .. Amendment No. 3 Scope of Services for ClearwelJ Upgrade Project: Bypass Pipeline BACKGROUND The City of Poway (City) pro oses o construct a 36'i d'a eter pipeline to allow the conveyance oft eated wat r from the L s · er J. Berglund Wa er Treatment Plant (WTP) arou d the Clearwell and directly to the distributio system. The major lements of this Project are: • • • • • • Approximately 770 feet of 36" welded steel pipeli e w· h tee connections o the exist ng 42" effluent pipeline dow strea of the VTP (east oone ion) and to the e.>i:isting 36" discharge pipe from the Clearwell (wes connec ion). Thee st conn ction is along the exposed effluent pipe located in the pip galle w ere three valv swill be located at a new tee. Structural modifications to the concrete pipe gallery and pipe supports will be required. The western connection will be west of the Clear vell i the parking area of the Operations Yard .. f.J. ca.st-in-place cor crete vault approx, a ely 15 ft x 15 and 8 ft deep will house t o alves at the new tee. The vault will ha,.,e a re ovable top and access hatch design d for H20 loading. All the valves will be manually opera ed and will not be connected t SCADA. a Ive stem extensions will provide for valve operation fro above t' e va Its. The bypass pipe will i elude a tee o tlet wit blind Ian e in Lake Poway Rd and will be desig ed o allow flow in both directions in anticipation of the potenf al future delivery of treated water rom he Water Authority. To accelerate the project, the C'ty will pre-procure f e large valves via one separate bid package and i elude the valve.; as ow er-furnished ma erials in the pipe construction bid package. The City gaged Infrastructure Engineering Corporation (Co suhant via the Clea™lell Upg ade Project Agreement dated May 15, 2019 (Agreement) and approved A endment No. 1 for expanded services dated November 22, 2019. Per City irection, t is Amendment No. 2 provides for revised services foe sed on the Bypass Pipeline. The scope of serv;ces under the Agreement and Amendment No. 1 are superseded by the serv·ce.s described in this Amendment No. 2 until such time as the Cit' a d Consultant mutually agree to further modify the original Agreement. Described below ar the specif c Amendment No. 2 tasks to be performed by e Consulta . All tasks are direc ed to Consultant unless otherv ise noted. SCOPE OF SERVICES 1.0 Project Kick-Off and Data Compilation Jn preparation for the project, eview City-provided as-built plans pertinent to he Project. Prepare for and lead one kick-off meeting wit City's project tea . Lead consultant tea 1 me bers ii attend. Prepare agenda and meeting notes. C nt ct pi,pe a d valve suppliers to assess potential delivery timeframes. E alua e fea.sibility for mate ial pre•procvrement op ions for possible project schedule acceleration. Evaluate options for exploring the presence of buried pipelines and obstructions. Submit recommendations to City. l of 7 1-15-20 94 of 151 April 20, 2021, Item #5P.repare and s mit o Ci y preliminary d awing for pipe con 1ect'on at existing 42" effluent pipe. Conduct. a site visit to observe existing conditions along the pipeline corridor. 2.0 Surveying Obtain rnappi g using aerial and grounds rvey to prepare topographic; base . ap sui bl. for 111 ;:; 20 ft scale along the project corridor for the pipeline design. Tile Cty \!ill coordinate with the property owners a d arrange for access if required to set aerial mapping targets. 3.0 Utility Data Compilation 3.1 Utility Recor s Rese rch Perform records research with utility age des to obtain record dr wings for exi ting utm ies along the project corridor. • Contact USA Dig-Alert to obtain pre-planning request hs ing the existing utility age cies in the project area. Contac the utility age cies that are in or around he proposed work area and request their system rnap5 a d record drawings. These are antkipated to include SDG&E, cable TV, fiber op ic, and City lwa er, sewer, stor drai }. • Review and lot the util.l'y data on 1he base mapping per the record information. • Re iew existing pothole data provided by City and com par@ with record drawing data. 3.2 Potholing Consul ants's subconsultant (AirX) will pe ·orm potholing to locate the pipe at the westerly connectio point and to identify potential conflicts along the pipe alignment. Up to 1en (10) potholes are est1mated with associated survey services to ie-in the locations. The pothole information will be included on the plans. and the plans will bes bmitted o the respective utili owner for conflict checking at he 60% desi n stage. Potholes in paved areas will be patched with perrna-patch type rnaterial Tie·i pot ole locations to mapping via field survey;. 4.0 Field Investigations 4.1 Geotechnical Investigation Comultants;s subconsultant (Ni yo & Moore) will perform an investigation to evaluate the geotechnical and geolog·c conditions along the pipeline corridor. The specific tasks fo be performed are: 95 of 151 • Review available literature pertinent tot' e geotechnical conditions at the site. • Mark he proposed boring iocatlons for clearance by Undergrou cl Service Alert. 0 tain a oo-fee Right of Way Permit from the City. • Drill three (3} exploratory borings utilizing a truck-mounted drill ri to a depth of approximate! 20 feet below Bround surface or practica refusal. whichever is less. Tr ffic co roi will be provide for the boring along lake Poway Rd. • log he materials encountered in the borings and obtain samples for visua exarni atio and laboratory testing, as well as assessment of groundwate le ,els1 Jf encountered. The borings in paved areas wi11 be patched with perrna-patch type material. • Perform laboratory tests consisting of in situ moisture content and derisity, grain-size distribution, 2 of 7 April 20, 2021, Item #5Atterberg limits; R-value, a d cor osivity. • Assess potential geologic hazards that may affec site development such as settleme , liquefaction, collapse, and earthquake shaki.ng, and develop recommendations for site preparatio and eart work, excavations. shoring, backfill, and corros"vity of the on-site soil in respect to concrete. • Prepare a geotechnical report presenting the findln s, conclusions, and, commendations. 4.2 Corrosivity Assessment Co sultanf~ subconsulta t (RF Yeager Engineering) will conduct a corrosivity assessment for the pipeline corridor a d identffy appropriate cathodic protection features to be included in the design. S. Preliminary Design .1 Distribution System Hydraulic Analysis T e purpose of this task .is to evaluate the operation of the WTP and distribu ion syste wi the Clearwell off line and he bypass pipeline in operation. Cons It ant's subconsultant Mission Consulting Services) wHI perform this analysis. • Meet once with WTP Operati r,s staff to discuss WTP operational flexibili y and any WTP or system constraints tha must be considered. • Use current hydraulic n odel witt, updated demands to perform exte ded period simulation analysis of the .system over week-long periods of low demand (winter), average day, and maximum day (higher demand summer) conditio,is. Make up to six (6) model runs to evaluate WTP production rate relative to water ta k levels. Potential future system modifications (as proposed in previous Master Plans) will not be included ,n the model. • Prepare a technical memorandum summarizing the results and condu)ions/reco mendations ide tified by the analysis. This subtask assumes that under .separate authorization the existing demand and the ultimate demand projectio have been updated to reflect information using recent billing data and that these demands have been incorporated into the City's hydraulic distribution system model. 5.2 Preliminary Design Me orandum Prepare an submit in a Draft Preliminary Design Memorandum (in PDF format) that addresses the following: • Description of the bypass pipe including fgures {11 x 17) to sho IV the alig rnent and pretiminarv configuration of each connection. • Results of hydraulic analysis from Task 5.1 above. • De.scription the pre-procurement package for the valves • Preliminary construction cost es· imate. • Cathodic protection recommendatro11s. Meet once with the City to review the mernorandLJm a d addre5s questions. Prepare and submit a final me ,orandum. The final memorandum will form the basis for the final design effort. 3 o/7 96 of 151 April 20, 2021, Item #56.0 Design 6. l re-procure ent Pac age for Valves Prepare a pre-pracoremen bid package for the valves and operators that is estimated o encompass t o 42-inch diame er butterfl valves a .d three 36-inch diam ter butterfly valves. The package will be comprised of a valve specification and delivery requ1rements. S bmit a draft of he bi package to the Clt'f or review. Upon receipt of comrne t:s, prepare a-d submit final bid package .. The City will prepare front e and contract documents and issue tt1e packages for bidding. 6.2 Pipeline PS&E repare a bid re dy set -of cons ruction drawings, technical specifications, a 1d an opi ion of construction cost estimate (PS&E). The design will be sub . itted to the Cit for review a d co ent a hese stages: 60%, 00% a 1d Final. The PS&E deliverab es are estimated to be comprised of the fol.lowing: • Plans: Plans will be prepared on "D" :size 2411x36" sheets at appropriate scales o s ow the work clearly. The project plan set is expected to inclrJde he following: Sheet .Description Discipline Estimated Number of Sheets Title Sheet, Vicinity Map, Index of Drawings, Legend Generai 1 Construction Notes. Abbreviations, Key Map General 1 Pipeline Plan and Profile W = 20 ft scale) Civil 3 Pipeline Detai Is Civil 1 Valve Vaults Civil 2 Pipe Connection & Vault Details Civil l Cathodic Protection Details Civil 2 Valve Vault Notes, Abbreviations, Details Structural 7 Total 18 The plans will be prepared using AutoCAD 2018 with the following deliverables: o 60% and 100% submittals: one PDF submitted electronically. o Final submittal: one (1) full-size, signed and stamped 1ylar original set of plans. An electronic submittal will also be made including the drawing AutoCAD files, specifications (Word files), and cost estimates (heel spreadsheets). • Specificatio s: Contract specifications will consist of mark-ups of the City1-s Ge era I and Technical Provisions to make them project specific and will utilize curren Green book and City supplemental specifica ions where prac ical. Additional supptemental specifications, such a.s the steel pipe, will be provided in CSI format. Submit to the City for review at 100%, Submit Word files electronically for eac submittal. The City wiU prepare front end bidding and contra-: documen s. • Estimated Con actor Construe io Schedule: As part of the 100% submi tal., provide an estimated construe ion schedule showing major project elements, and estimated durations and sequence of work. Include any s u down of plant opera ·ons along with es imated sh tdown duration. Submit schedule electro ically in PDF format. of 7 1-15-20 97 of 151 April 20, 2021, Item #5• Opinio of Const uction Cost Estimate: Pr p r constructio cos estimate developed sinB estimated quantities from the design a d general unit cos factors at 100% and Final. Submit one Excel s. reads eet file in City bid list format with each sub, ittal. 6.3 Design Co rdi ation Meetings Consultant will prepare for and conduct up to three (3) coordination meetings/telecons with the City to discuss project elements. Prepare and submi. mee ing notes. 6.4 DDW Coord,nati n Submi the 00% plans to California State Wa er Resources Board & Division of Drinking W ter {DOW) for their informa ·on and review. Res po d to their questions a d incorporate their comrnents into subseq ent submi tals. Assist the City with obtaining DDW approval for project. Provi e these services on a ti e and mat r'afs basis p to the level of effort defined in the subtask budget. 7 .0 Environmental Support Services Provide technical documentation and support for project CEQA review and planning ap rovals. It is assunied tha Ci y will prepare and process any docu ents req ired for CEQA co pliance. These services will be provided at City r q est and up to the level of effort defined in this task budg t. 8.0 Project Management during Design Phase Provide project administration and coordination with subconsultants to monitor their progress and provide interdisciplinary rev·ew of consultant and subconsultant work products. 9.0 Engineering Support during Bid and Construction Phases The s port services may encompass one or more of the activities listed in each subtask. The services wil be provided at City request on a time a d materials basis up tot e level of effort defined in the task budget. 9.1 Bid and Acquisition Phase Support for Valve Pr -procurement Package • Provide responses to requests for infor ation (RFl's) via e-mail to th City. Up to one (1) RFI is es imat d. City will prepare and distribute addenda. • Rev·ew contractor s.ubmittals received from the City for general conformance with the contract documents. Provide writte response noting exceptio sand/or comments wit ·n fifteen (15) working days. Assume a total of up to two (2) submittal reviews and re-reviews. 9.2 Bid P. ase Support for Pipeline Const ctio Package 98 of 151 • A tend t e pre-bid meeting. T e Ci y will facilitate the meeti g. • Provide respons.es. to requests for information (RFl'sl via e-ail to the City. Up to three (3) RFl's are estimated. City will prepare and dl.stribute addenda. 5 of 7 1-15-20 April 20, 2021, Item #59.3 Co structio Phase Support • Review contractor submittals received rom he City for general conformance with the co tract docume ts. Provide wntte response noting exceptim1s and/or comments within fifteeri (15} working days. Assume a total of up to sixty (60) submittal reviews and re-reviews. • Ass,ist t e Clty with responding to change orders, field orders, and RF ls. Provide responses (in e-mail or men orandu , format} to the City 1it in five (5 working days and in accordance with the co t,ract documents. Assume responses for up to e (10) items. • Prepare record drawings bv i corp rating i1red-lined'' changes, as doc men ed and recorded by the contractor and/or constr ction manager, on the origina Mylars. If the e><tent of changes makes it impractical to revise an o(ginal Mylar sheet, individual o lginal Mylar heets may be voided and re lacement s eets ma1r be added. Wi hi s·x weeks of the rec ipt of the redliries, submit one set of original mvl r record drawi gs and PDF file of all drawin@s, 9.4 Construction Phase Meetings • Attend the pre-constructio meeting. The City will facilitate the meeting. • Attend up to ten (10) construction progress meetings and/or construction site visits as requested by the City. 9.5 Consultant P oject Ma agement du ing Bid & Construe ion Phases Provide roject admini:stration arid coordir,ation wit subcon~ lt:rnts to monitor he support .services. 10.0 Additional Services Provide technical support to assist Ci y with response to Clearwell water quality issues. These services may include: meeting attendance, review and assessment of overfjow and storm drain system pipelines and tributary areas, and preparation/submittal of information to the City. These services" ill be provided at City reques up tot e l1e\!el of effort defined in this task budg t. SCHEDULE T sks 1, 2, 3.1, 5.2 and 10 have been ini iated in response to the City's emergency request on December lJ 2019. he schedule for completion of the services described herein assur es the City approves this t\rnendment No. 2 by January 15, 2020. This schedule assumes timely responses for information and meeting coordination with the City and allows for design submittal review periods by City of two (2} weeks S bmittal Preliminary Design Memora dum 60% PS&E Valve Pre-procurer ent Package -Draft 100% PS&E final PS&E Date Marc 31, 2020 Apri I 30, 2020 May 8, 2020 une 11, 2020 uly 9, 2020 Bid & constr ctio phase support services will be pertor ed on a as-needed basis in response to City requests. C nstruction p ase support services are anticipated to be completed by May 31, 2021 6 of? 1-15-20 99 of 151 April 20, 2021, Item #5ASSUMPTIONS • o hazardous materials investigations, studies1 o · co suttations . ii be periormed. • Cons ruction manage ent, administra· ion and inspection w,il be performed by the City. • In-plant inspection of th valve and pipe fabrication is not included. • City will pay all permit and review fees required by r,eviewing agenc·es { .g. DOW). • The projec will be desig ed and bid as one (1) construction project, not split into individual proj cts. • Environmental per lit compliance arid permi requirements will be provided by others .. Compliance requirements pe ine t to the co struction will be included ir t e projec specifica ions during design. Culturaljarcheological/paleontological resources assessments and moni oring during cons ruction, if needed will be p ovided by others. • The contractor will prepare a d submit the Storm Water Poll_ tion Prevention Plan lor Water PoUution Control Plan, if that is the required approach). • The de.sign of any shoring req ired for construction will be ti e responsibility of he contractor, • The contractor will repare traffic co trol pla· sand acquire any necessary encroachment ermits. • The City will handle public notifications, outreach, nd any coordination needed wit comm ity groups. • No modific tion.s o other i ity systems are anticipated. If i s determined during design hat potholi g or utility modifications are required, these services can be provided upon mu ual writte a reement. • ADA i provements are not required, • Surface repairs and landscape replace ent will be reptace-·n-kind. • City or contractor wlll provide -construction staking 7 o/7 1-15-20 100 of 151 April 20, 2021, Item #5I I.IWll __,,M140..lll~h-n •-. ~ i.,!'J!-• ' ... ,u .. \(!li.1'11,....-N'lr fr~lll••'f'tt_,.-,,,-..,,1-.:rl-;-:li.-tr1,.11L, IU.ii.. -p• 2 1._._._..., _, ..... ...,.;,•rf t-.!•--,.....a .,.._!.l._-r,ct•·oi..r-..t.•,1-.n tJ (i:1•10-,.., ... .,.--vrwlllf • 0..11• (, i t,,-no1:...u-.--...,, f·:111;1:-w. tJ.:Lr". r,T\!'-1'hi':rl'I 1,,,,~1,, f.\t1tr,( .r.t.trlftlM"u'-ll'I y ........ M"'111, .... " f••>•••• ---!II ~.~Nl!I • ,,. .... w.,--•9"16.,, .... l;llit""'"'-"" ,J",....,-.,u:.~--••1C1.'-l•a;l''"';.Plu•r 101 of 151 j l I l I . . " . JO 11 . CIT'IOf'PO A ARWfH Ui>G A(}Ej /11f01£G · IIYPAS. P PEUNE INfRAS11n.tctUIU ENGlrlffRING CDIIPOAAf/0, -fff ESTIMATE , .... ,,1 ! f -~,/ )A,cl i"f/ C II (';yJi'JIVf (A.D~P, ,,, 11◄' . ..!D ' ti<! I. 11 u ,, ,,. . a '"' IO ""'" '4 s:u.u1 n.100 \JIC!" PRE•OE!ilGN & DES!GN SERVIW $211,335 I April 20, 2021, Item #5ti f~ .. .,t•-•--,-,-pg,.n-•-Pd&C.• b•-•-1'1i , 1 1 Ai .r.i,-.... ,i,~"'n ,,,-~•·..-\,, •-.n r•1t ...... ,.,.. ti ... 14'>-1 ••J-4t o\Vt-•••'H_.rti--.._. f" .... 10 , .......... 1 i.1---.. , .... ~ ,,..,, ,..,..., ,,.. <,..,~i ·(11).it ~ H•.,,"h+t".:tl..h,·__,_ ,..-, : t,iir•oft.rrH ltt ~-1--~•-~•M·f't l--:hf! .. II I 'tc•i.'\,.,-uv; it,..,." ir .... .1::fi.h":;1u1-c.,.,.-._"' S,./1121 102 of 151 CITY itOW10· CLf-'!IIWflL V (ilfADES PltO n;r. l1¥PAS$ ,PEU/Vl INFRA.STRUCTIJR E/lfi~ £CA/IVG CCRl>C>f?i\TION · FCF £ST1MAr£ '" "' t<I) ll~JQI) . II p,.,, s~ $-> 1G { .,,,.,,., I. J' ,I/ ·': .\.l rir. .. , .. , !u!J n .. ~1.,.. u:, . u ro .-1 H!IJ;l s1c,1~ JO I I I I I D ~u:i I f,!J ~ll&l ~ 511 " Sil I> i) Sil 1 ',c) >ll'IJ CO ISJJltiC'IION SIJPP' . SE..IMCES $35,BO TOTAL SERVICES S2S.J.7GO I April 20, 2021, Item #5ATTACHMENT 3: THIRD AMENDMENT ST :;VE V,\US, M .)'O, CITY OF POWAY C1 I flv\NK, Deputy foyo, D: VE. GllOSClf, r.ou ~,!me er B fUtY l., ·:o 1 , Councilmcmbc1 J I· 1,·IULLl • Couocilmembcl VIA EMAIL & FIRST-CLASS MAIL J ly 14, 2020 Anders Egense, P.E I fras ructure Engineering Corporation 14271 Danielson Stree Poway, CA 92064 Subject: Notice to Proceed: Design Amendments No. 4 for the Clearwell Upgrades Project (ClearweU Bypass) Dear M . Egense; This letter wiil serve as your otjce to Proceed for A endmen~ No. 4. Design for Bypass Tank. The revised fee indudes repurposi g portions of the design .a construction inspection for the original Clearwell Upgrades project scope. lt also repurposes construction support for the bypass pipeline. The amended scope a d basis of payment ·or this amendmen shall be i accordance with the not~ toftexceed to al ee of $424,846_00 as provided in t.he enciosed copy of A endment No. 4. The total not-o-exceed fee for the project rernai s $787,855.00. The design of this project ,s being funded rom the Clearwell Upgrades project (\NTROO20) however future correspondence and project documents should refer to the project title as ClearNell Bypass (WTR0028}. It you have any questions or need further information, please do ot hesitate to co tac1 me at (858) 668-4653, or via email at mrocco( _pow_c!_v.Qrg. Sincerety, DEVELOPMENT ~ Melody Ro~,J?:1:. City Engineer Enclosure· Amendmen No. 4 c: Darian .Deme~ian, Management Analyst M:\C[P-e eloornern\CIP Projects\WTRO 20 CJearwdl Upgradc~\CorTes ndence Consultam\NTP IEC Amend· e 4 Letter.doc. 103 of 151 Ci f Hall L care 1 at 13325 Ch,,1c Cemer Drive N ailing Address: P.O. Box 789i-Pow, y, ~:1lifon .. ia '-2074-1789 www.pm: ay.orpi April 20, 2021, Item #5THIRD AMENDMENT Amendment No. 4 Scope of Services for Clearwell Upgrade Project Design for Bypass Tank BACKGROUND Based on the results of previo evaluations, the City of Poway (City) proposes to con.str ct a 2.5 MG tar k as part of a bypass system that will allow the conveyance of treated water from the Lester J. Berglund Water Treatment Plant (WTP) around thee isting Cl rweil and directly to the d·s ribu ion system. T e major elements of is Project are assumed to be as follows: • A 2.5 MG t nk to be located on a vacant ~ite nor ll of Lake Poway Rd opposite the existing Clean,vell. The tank will be connected on the inlet and ou let sides to the Bypass Pipeline (a proposed pipeline being designe under a .separate authorization). • The tank will be a permanen I ci cular pre stressed concretP-tank with col n support d concrete roof t tis p .rtially buried with hlgh water d floor lev Is th t match ttie existing C earwell. • Tank appurtenances; main and seco dary entrance hate wit interior tairway and ladder, vents, overflow pipeline with air-gap co nection to storm drain, and underd,ain leak detection piping. • A valve va It loca ed adjacent tot e tan that is appro imately 1 ft x 10 ft x 20 ft deep. • Man a ly operated valves. • Site improve, ents: paved access road, fencing, landscaping, temporary irrigation for plant establishment, storm drain hydromodlficatlon and bio-retention. • Basic 120v power supply at the ank entrance hatch tank. • Instrumentation comprised of sonic water level m as rement with signaJ conveyed to WTP control building. • The co struction plans a d specifications for the tank will be merged with the docume ts for the bypass pipeline and issued for bidding and construction as one combined project. The City engaged Infrastructure Engineering Corporation {Con.sultan } via he Clearwell Upgrade Project Agreernent dated May 15, 2019 (Agreement) and has also a proved amendments or additional services including the design for the Bypass Pipefi e (Amen ment No, 3). Described below are the specific tasks to be performed by the Consultant related to the Bypass Tank Proj ct. All ask are directed to Cons ltant unless otherwise noted. SCOPE OF SERVICES 1.0 Project Kick-Off and Data Compilation Prepare for and lead one kick-off meeting with City's project team. Le d consultan tea members will att nd, Prepare agenda a d meeting notes. In conjunction with the J7 eeting, conduct a tank site visit to observe existing conditions. 2.0 Surveying Usi g he aerial flig t and -cont ol inforrn tio previously obtained tor the B pass Pipeline, prepare topographic base m p for he tank site suitable for 1'':; 20 ft scale. Conduct field su ev to locate surface 1 of7 7-8-20 104 of 151 April 20, 2021, Item #5features a o her perti ent details on the tank site_ Merge si ea d pipe mapping. Tie~1 pothole locations t mapping via field survey. 3.0 Utility Research 3. 1 Util ty ecords Research Review tility information previously obtained for the Bypass Pipeline along t e Lake Po .. ay Road corri or to identif existing utili ies on the site and in the adjacent roadway. 3.2 f>otholin Consultants's sub onsultant (AirX) will perfor 11 potholing along the pipe alignmen for up to 10 potholes in addition to, and at the same time as, the potholes identified in A endment No. 3 Bypass Pipelin~ scope. The pothole information will be included on the plans, and the plans will be submitted to the respective utility owner for co flict checking a the 60% des'g stage. P tholes in paved areas Jill be patched with perma-patch type material. 4.0 Geotec nical Investigation P epare a plan with figure (POFj showing the location of proposed borings, seis ic lines, and vehicle access routes for use by the City in obtaining envi o 1ental clearance for the investigatio . The plan will include ,, formatio regarding ype ,a d size of drilling equip ent and support vehicles, number of personnel, and the approximate limi s of the proposed work area for the geotechnical exploration. Consultant's subcon~ultant (Ninyo & Moore) will perform an im1€stigation to evaluate he geotechnical and geologic co dif ons a the tank ite. The .specific tasks to be performed are: 105 of 151 • Review available literature pe :inent o the geotechnical conditions at the site. • Mark the proposed boring o~tions for clearance by Unde ground Service Alert. Obtain a no-fee Right of Wa\1 Permit from the City. • Ob ain a orin.g permit from the County of San Diego Department of Environ ental Health (DEHL • Drill, log/ and sample two (2) ock core borings within the proposed footprint of the tank. The borings ill be drilled t,o a depth of approximately 60 ft. T e pper portio s of each bori g witl be drilled using 1ollow stem auger e uipment ntil rock i.s enco tered, where co i11g equipment would then be used. ock cores will be collected, stored in roe core boxes, and lo ged by a geologist. Borings will be backfille per DEH requirements. Excess soil/rock cuttings and drilling fluid from the borings will be containerized a d disposed of offsite. • Perform two (2} seis ic refractio survey lines within the proposed tank ar,ea; each approximately 200 ft in le gth. The seismic refraction lines will be performed to evaluate the general rippability o · hes bsurface materials at the tan locatio . • Perform aboratory t,ests co sisting of in situ moistme conterit and de 1sity, gra·n-size distribution, Atterberg Ii its, R-value, and corrosivity. • Assess potential geologic hazards tha may affect site development sue as settlement, Ii· uefaction, collapse, and earthq ake shal(ing, and develop recommendations for site preparation and earthwork, general stabiiity of proposed cut slopes, exca·1ations, grading and exc~vation ch racteristics oft 1e on-site materials, includir,g anticipated difficult excc3vation, caving potential, a d oversize material handling~ fill material a d cornp ction requirem nts, including suitability of the on-site soils for use as structural fill and bedding material, suitable fou dation ypes for the 2 of 'J 7-8-20 April 20, 2021, Item #5proposed tan!< str c ure, allowable bearing capacities1 friction coefficient, llowable passiv,e press res, a d corrosivity of the on-s;te soil i respect o -oncrete. • Prepare a geotechnical report presenting the findings conclusions, and recommendations. 5.0 Preliminarv Des1gn 5.1 Bypass Pipeline T nk '1.lternatives Evaluation Evaluate and compare a circular versus a rectangular co crete tank config ration to determine the most cost effective layout. This will be based on a prelimi ary evaluation of the construction gradi g, general operational features., a d a c:oncept-levef co parative opinion of estimated constructio cost. Sum arize the resul sand recomm nd tions in a technical m mora dum with 11 x 17 figures) and submit to City in PDF format. Meet one<; with City to discuss and receive c.o mnents and reach concurrence on he preferred tank configuration. Incorporate the results of the evaluation in the Preliminary Design Report (Task 5.2). 5.2 Pre!imina Design Report n e Preliminary Design Report (POR) ill be based on the results of I eta k alter atives evaluation and will incorporate the Bypass Pipeli e PDR results so as to cont ine the tank a .d pipeline into one project. Prepare ands bmit a Draft PDR {in PDF format with selected 30% drawings presented as llxl7 figures} hat addresses he following fort e Bypass Tank and Pipeline: • Sit@ plan with construction and finish grading • Typical .section for tank • Bypass pipeline horizontal alignment • Inlet and o tlet valve location • Overflow with air-gap co nection to storm drain • Tank drar • Underdrain system • Perman@n storm water facilif es • Access road • Fencing The PDR will include a discussion o : • Options for staging and temporat)' so, stockpiling • Access hatches and sta·rwavs • Landscaping • Power and SCADA • Pr liminarv opinion -of constr ction cost estimate. Meet once wit City staff to discuss/coordinate desig ,elements. ,tvleet o ce wit the City to review t e Draft PDH and address questions. Pre are and submit a fin I PDR (in PD'f format) that incorporates agreed upon comments. 3 of 7 7-8-20 106 of 151 April 20, 2021, Item #56.0 Design He design effort descri_bed in this task is ased on t 1e project elements described in the Background section of this Scope of Services. If the project elemen s defined by the PDR art-materially different, modifications to the desig scope and fee may be necessary and will be based on mutual written agree ent. 6.1 Tank PS&E Prepare a bid ready set of c,onstruction drawings, technical speci ications, and an opinion of construction cost eshma e (PS&E). T e design will be si.ibmitted to the City for review and comment at these stages: 60%, 100% and Fin.al. The PS&E deliverables are estimated to be compri-5ed of the following: 107 of 151 Plans: Pia swill be prepared on "D'' size 24"x36" s eets at appropriate scales to show the work clearly, Th project plan set is expected to include the following: Sheet Description " Discipline Estimated Number of.Sheets• Title S eet, Vicinity Map, Index of Drawings u Ge eral 1 Abbreviations, Legend. Key Map General 2 Construction Notes General 1 Existing Concition Tank 5ite Plan Civil 1 Tank Site Plan Civil 1 Permanent Stormwater Facilities Site Plan & Detai.ls Civil ; 2 Tank Cros5 Sections Civ:il 1 Tan Appurtena ces Civil 1 Tank rain & Overflow Piping Plan & Profiles Civil 1 Tank Site Finish Grading and Access Road Plan CiVil 1 Tank Site Civil Details Civil 3 Pipeline Plan and Profile Civil 3 Pipeline Detdils Civil l Pipeli e Valve Vault "' Civil 2 Pipeline Connection & Vault Details Civil 2 Tank I. let 'Piping Plan & Details Mechanical 1 Tank Outlet Piping Plan & Details Mechanical 1 Mechanical Details Mechanical 3 Struct ral Notes and Abbreviations Str ctural 1 Tank S.ec ions and Details Structural 1 Tank Foundation Plan str,uctural 1 Tank Roof Plan Structural 1 Tank Wall Se_tion and Eleva ion Structural 1 Tank Structural Details Structural 12 Valve Vaul Details + Structural 4 Electric I Symbols & Abbreviations Electrical 1 Electrical Site Plan Electrical 1 Tank and WTP Area Plans Electrical 2 Electricat .Schedules/ Details Electrical 1 Cathodic Protection (CP) Oet ils ** CP 2 of7 7-8-20 April 20, 2021, Item #5La, dscape Note.s1 Plans and Detai1s I landscape 2 Irrigation Notes, Plans and Details I landscape 2 Total 60 • Preliminary estimate -final list to be developed after completion of PDR. -~ Plans fron Bypass Pipeline Design The plans ill be prepared using Au oCAD 2018 with t e following deliverables: o 60% a d lOO'°A submiuals; ne PDF submitted electronkally. o Fi al submittal: one (1) full-size, signed and stamped mylar original set of pJans. An electronic submittal will also be made including the drawing .AutoCAD files, specifica ions lWord files), and cost estimates {Excel spreadsheets). • Spe<:ific tiorw Contract .specifications will consist of mark-up:s of the City's General and Technical Provisions o make them project specific and will utilize current Gree boo and City :supplerner'l al specifications where practical. Additional s pple nental specifications, such as the steel pipe, will be provided in CSI format. S b it to the City for eview a 10Q9i. Submit Word files electro ically fo eac submittal. The City will prepare front end bidding and cont act documents. • Es im ted Contractor Constr ction Sched le: As part oft e 100% submittal, provide an estimated co struction schedule showi g major project elements, and estimated ciura_ions ands quence of work. Include any sh tdown of plant operations a Ion w~th estimated shutdown du ation. Submit ~chedule electronically in PDF format • Opinion of Construction Cost Estimate: Prepare construction cost estimate developed using estimated quantities. from he design and general unit cost factors at 100% and inal. Submit one Excel spreadsheet file in City bid list format with each s bmittal. 6.2 Storm Water Managemen Prepare Storm Water QLJafity Management Plan (SWQMP) in accordance with City of Poway BMP Design Manual (February 2016) for permanent stormwater treatment and utilizing City SWQMP template. Submit draft plan (PDF) for review by City in conjunction wit the 100% PS&E submittal. Address City comments and prepare and submit final report (PDF). Eval ate whether a Storm Water Poll tion Prevention Plan (SWPPP) or Wat r Pollution Control Plan is required for construction. If SWPPP is not required, provide a Best Management Practic s plan sheet to guide the contractor. The contractor will prepare and submit he Storm Water Pollutio Preve tion Plan or Water Polutian Control Plan, whichever is requlred. 6.3 Design Review Meetings Cot1s ltant wilt prepare for and conduct up to two (2) design review meetings/telecons with the Ci v aft.er the 60% and 100% desig stJbmittals to discuss project ele ents .. Prepare and submit meeting notes. Other design coordination meeti gs are included inf e Bypass Pipeline de>igri Scope of Services. 5 of 7 7-8-20 108 of 151 April 20, 2021, Item #56.4 DDW Coordi ation Subrnrt t e 100% plans to Califor ia State Water Resources Bo rd -Division of Dri king Water (DDW) for their information and rev·iew. Respond to their questions and incorporate their comments i to subseq ent subn1ittals. Assis t e City with obtaining DDW approval for prnject. P ·ovide these services o a time a,nd mat rials basis up to the level of effort defined in the subtask budget. 7.0 Environmental Support Services Provide tech ical documentation arid support for pr ject C QA review and pla ning approvals. It is assurn d that City will prepare and process any docume ts required for CEQA compliance. Thes services v ill be provided at Cit req est and up to the level of effort defined int is task budget. 8.0 Project Management during Design Phase Pro ide project administrat'on, reporting, and coordina ion wi h subconsultants to monitor their pr,ogress and provide in erdisciplinary review of co s ltant and subconsultant work products .. 9.0 Engineering Support during Bid and Construction Phases (future task) If City elects to add Engineering S pport during Bid and Construct ton Phase services at .a foture date, City and Consultant will amend these services to the agreement upon mutual agreement. 10.0 Additional Services Prepare and submit revised draft Clean.veil Alternatives Report and Bypass Pipeline Prelirninarv Desig Rep rt to incorporate the Bypass Tank and to address City and DDW co 1ments. These :;ervices will be provided at City request pto the level of effort defined in this t-sk b dget. FEE Unused fees previously allocated to the design and construction phase services for the Clearwetl Floating Cover; along with fees allocated to Bypass Pipeline Task 6.1 -Pre-procurement Bid Package Preparation and to Bypass Pipeline Task 9 -Construction Phase Support Services are being re-purposed toward the design oft e Bypass Tank and associated services described above. With this re•purposing, the services assigr1ed o these tasks are considered complete with no further work required by Consultant. The attached tables present the fee breakdown for the Bypass Tank design services d·escribed above and the overall contract budget breakdown and re-purposing. SCHEDULE The es imated schedule assumes a otice to proceed by July 13, 2020. The sche ule for 1he geotechnlcal field work fs estimated assuming receipt of nviron ental clearanc by July 31, 2020. Th sched I, assumes timely responses for information and meeting coordination with the City a d altows. for submittal re iew periods by City oft rvo (2) weel<s. Delivery of t e Final PS&E on February 12r 2021 is estimated. Review processes U1at are beyond Consulta t's control may extend the schedule (e.g. City, utility agencies, DDW). G of 7 109 of 151 April 20, 2021, Item #5ASSUMPTIONS • Environment I compliance and permit reqvi ements will be provided by others. Additional infor ation re uested or environrne tal clear nee that is ot d scribed erei can be provided on a time-at1d-materials basi~. Complia ce req i(ements pertinent to the co struc ion will be incl ded in the project specifica ions duri g design. • The geotechnical field investigatio swill not be condu ted during days where red flag warnings are in effect. Equipment utilized during the subsurface exploration will include fire extinguishers. If any ad itional fire suppression services or equipment are required ( .g. fire trucks and/o water trucks on s andby a the site. etc.}. hey can be provided at an additional ost. • No hazardous ma er'als investigations, studies, or cons ltatio swill be performed. • T e City will ha le public notifications, outreach, and any coordin tion needed with local residen s d co munit groups. • Citv will pay all ermit and review fees required b·v reviewing agencies (e.g. DDW}. • The followi g de~ign items are not incl ded but can be added upon mutual written agreement: Retai in walls or ot er structural ele .ents needed for site improvernen s o Chemical dos·ng or a tomated sampling sys em for e tank Modifications too her utility systems o Traffic control plans for construction ADA improvements o P&ID's o Engineering support during bid and construction phases • Ce tral SCADA arid PLC/Oli programming will b _ provided by City. • Contractor wi II provide construction staking. • T e des·gn of any s oring required for construction will be the respon ibility of the contractor. • Construction management; administration and inspection will be performed by the City .. • In-plant inspection of the valve and pipe fabrication is not i eluded. • Biological/cultural/archeologica!/paleontological resources assessments and monitoring during design and construction., if needed will be provided by o hers. 7 of 7 7-8-lO 110 of 151 April 20, 2021, Item #5. r~~•"'•-,•t•.'. , • ..., ,.,, ._,..w,r, ., . 1" ... ;,,....,,.,,,,, .. ~--~. ~ UIY 1.-0WA, CfLMl,\'fU l<~Qt,Wf"J,l'IN)If~ · IW<,US 7AN 011,C,\' WJ l'IWC 'TU £ma, .. flt1/ol.;!1' (t.tllJlfJr,. '" f IMllf , . .. .... )l l'l ., 11'. H,;-,-1~r~-~~.-::::'::·~:::::"~~=-:""'·-.··-~---+----ll-..:...-4--+----ll---...._-+-+----+--+-----ll-.:,:...+-#-:;,...f-i:'•l ... '-+---+---t----+---+--+-----,t--+----1~:~;~-·--··'--I l \fl.•-·, 11f'M.11 UKY1tu s,u;1 .. I 111of151 April 20, 2021, Item #5"'"'•--------....... ,l. ... .. -, ,.,,,,,,..-.,·,---, ..... ~ .. ..... ,a.. ..... I I ., 112 of 151 CTTYOl'KJW,l'r Cll!A I.! "6a..Df.l l'lt0Jfcr. !!T,,us TAffX rJ[J,J_(i// ,.., AAJ7lftl [N(;fl'KUIK,CON'OMIK»I• UHT Ti .. ' ' " .. I • April 20, 2021, Item #5Cit of Po arw II Upgrad s Pro)~ct I C Budt: rv a d Re.illocalio. FIODlil'I C.OIM con.11111, on I W!1pct1i.Dfl :i-11, .. o. u SJOC,l'JSi,JIJ $J'5.4.~IL D O'J7: W.IW,0012.0J -{l.earvod All~motl•e.1 ~" luatio,; 113 of 151 ~IOll,,,OlJ.49 $D,IKI !B,~ ' ,OC Si.1~~ ,, ~1.1• .~41 SIOO,J95J)C, ~$l'J. l'~.<11~ >)01.l~-ll S7, lll(!,.X, $),'.!';I',. 0 ~ !,.lSO.JO ss~ "J '512S 7~ $! ,, ]j,H/ SE,,'1<11, §!, S ,I 'J 1l00,J-5CC 5111U!l2.51 April 20, 2021, Item #5ATTACHMENT 4: FOURTH AMENDMENT Ja uary 2. 2021 Ms Shadi Sam[, PE Principal Civil Enginee City o Poway Public Wor s Department 14467 Lake Poway Rd Powa , CA 92064 rl •, ·, I I ' • -I Re; Poway Water Treatment Plant -Clearwell Bypass Proied Amendment o. 5: Scope & Fee for Design of Tempo ary Bypass System (revised) Dear Sha i: Based direction f om the City of Poway (City), we ndersta d t e City wishes for lnfras ructure Engineeri Corporation (IEC) top epare the final design plans, specifica ions and estimates PS&E) for the Te 1porary Clearwell Bypass Sys em as generally described in our Technical Me orandum dated 11 ~27-2 . Presented ereVi ith is our proposed c pea d fee for this effort and a request for a budget augment to co p:lete the design services. The attached A e dmen No. 5 desig scope and fee includes surveying/mapping (with Aerial Mapping Services), geotechnical investigation (by Ninyo & Moore). pottoling (by AirX}, a d submittal of PS&E deli erables t t include electrical/instrumentatton design (by Moraes/Pham Associates), structural design (by Kelsey Structural) and cathod·c rotection {by RF ea er Engineertng). As part of our original agreeme t with 1he City (da ed May 8, 2019) ar1d p evious authorized a endmen s, IEC has perfor ed a number of tasks or the Clearwell Upgrades/Assessment Project i eluding facility assessments, data collection efforts, al erna.i e evaluati ns, technical memoranda! hydraulic analyses, and p eliminary designs. These activi ies have expended a total of $469,953 of the authorized contract amount of $787,855. Our estimated scope and fEe for design of the Temporary Bypass Sys em totals S3601277. As such, we respectfully reque a fee augment of $42,375 to allo ~ for pre_ aration of the PS&E. This increases the total contract amount lo $830,230. Per your request, we are moving forward w· h he da a colfection efforts and starting into the design. Please advise if this rompts any q estions. Tl1ank you for the opportunrty to be of service to the City. Sincerely, ~fd~ Senior Project Manager A tachments: Tables and SubconsuJtant Proposals !'1 71 Dani I •1~ ,. P • ay, Coltloq, v') ,1 T B~S 41 2'1t) 114of151 l/~c· Via.a},,-Robert S. Weber, PE Principal in Charge '8.tl 13 711'10 ,,, w I co•porori '11.c;v April 20, 2021, Item #5FOURTH AMENDM NT Amendment No. 5 Scope of Services for Design of Temporary Clearwell Bypass System BACKGROUND Based on the results of pre ious evaluations, the City of Po a 1 (City) is pl.a ning to construct a Temporary Bypa5s System that will allow the treated water fro11i the Lester J. Berglund Water Treatment Plant {WTP) to ypass the existi g Clearwell and discharge into the d'stribution system The major elements of this Project are assumed to be o prtsed of the following an as generally described in the Technical Memorandum fo.r the Temporary C!earwelf Bypass System (by IEC; 11-27~20): • Temporary, above-ground 2.0 MG tank to be located on the ballfield east of the W P. T e tan will include inle /out1let pipi g and a ove ·1ow that disc arges to an adjacent star drain. • Temporary ump .station with a capacity of approximately 3,900 gpm to lift water from t e WTP to the emporary bypass tank. • Perman@ t buri d 36JI di m ter bypass pipeline th t extends pproximate:ly 1, 00 ft from he W P Effluent Pip line (east co ection}, serves t. e emporary pumps ation, a d connects downstream to distribution sv tern pipi gin Operations ard ( est con ectlon). The east connection is along the e posed Effluent Pipe located in a pipe gallery where two new valves ill be located at a new tee. Structural modifications to the concrete pipe gallery and pipe supports will be required. • Temporary above-ground 24" diameter bypas.s pipeline that extends approximate!· 1,000 ft from the temporar m station to the temporary bypass tank. • Temporary press re control facility to regulate flows from the bypass tank to the distribution syst _ m. • Te nporary bypass system overflow facility comprised of pipes and discharge to a storm drain. • Power supp'ly and instrumentation for the tankJ pump stationi and pressure co trot facil'tres with signals conveyed to WTP control building. The City enga ed 1,nfrast ucture Engi eering Corporation (Consultant via t e Clea.rwell Upgrade Project Agree 1ent dated May 15, 2 19 {Agreement) a d has also approved amendments for additio al services including t e desig for the Bypass Pipeline (Amendme l No. 3), design for a Bypass Tank (A endment No. 4)1 and preparation of a Technical Memorandum for the Temporary Clear 1Vell B as.s System. All services associated with these previo s tasks are considered complete with no further work required by Consul ant. Described below are the specific tasks to be performed b·, the Consultant related tot is Amendment o. 5 o the Agreement All tasks are directed to Consultant unless otherwise noted. SCOPE OF SE8VICES 1.0 Surveying Using the aerial light and control information, prepare topographic base map for the tank site and pipeline alignments suitable for f' = 20 f scale. Conduct field survey to locate surface feat· res and other perti ot details on ti e tank s;te. Merge site and pipe mapping ·with mapping obtaine for the previous project elem ts. Performs rvey to tie-i pothole locations. 1 o/6 01-02-21 115 of 151 April 20, 2021, Item #52.0 Geotechnital Investigation Cor sultan 's subconsultant (Ninyo & Moorej will perform an investigatio to eval a e the geotechnical and geolo ic condi ions in the project areas. The specific tasks to be performed are; • G ordinate with the Cltv re a ding the approach to geotechnical field in estig tion i eluding schedul and access to the ballfield area c.onsidering on-going us of the field. • Review background infor ation including m ps, geologic information and available geotechnical reports and plans, including previo s investigations in the project area or t e Cit , • Ob ain Rig t-of-Way per it from the City. We have ass med that any City permit f BS associated with this proj ct will be waived. • Perform a geologic reconnaissance of the site nd mark-out of the proposed boring locatio s, Undergrou d Service Alert (USA} will be contacted for utility clear nee. • Perform subsu ace exploration consisting o drillin ,. loggi g, rid sampling ree (3) exploratory· borings using a track-mou. t d limited acce s drill rig. The borings ill be advanced to depths of approximately 15 to 20 eet below grade (or auger refusal) with a hollows en auger drilling rig. Two borings ill be located in the infield area oft e ballfield in Lake Powa Park in the area of the propos~d tank a done boring will be i, he area of the proposed buried pipeline al ng th sou the n sid of the ClearweJI. An ad itio al exploratory boring will be advanced usin man al equipment {i.e. hand aug r) withi he tank footprint int e outfield rea a d will be advance to a e th of 5 feet (or refusal). Bulk a d in-place samples of th e co tered soils will be collected a d transported to a laboratory for t sting. Borings ill be backfilled with DEH approved materials. Excess soil cuttings generated from the borings will be spread at a desigria ed lo ation onsite. As part of the drill rig mane ver1ngt plywood panels will be utl ized to avoid damagi g the park t rf and ballfield surfaces. • Perform laboratory testing and a, englneeri, g analysis oft e data obtained. • Prepare geotechnical evaluation re ort that includes findings., conclusions, and recommendations relative to desig a d con truction of the project. To facilitat th se seivices, the Ci y will provide assistance with access to batlfield and Water Treatment Plant areas for field inv stigation including t ming off sprinklers in advance of the site work and assistance to I C,i;lte existing utili ies int e vicinity of the boring focations. 3.0 Utility Research 3.1 Utility R cords Rese rch Review utility information previously obtained for WTP to identify existing utilities in the a eas of he project. Incorporate this infor ation into the project base mapping. 3 .. 2 Potholing Co, sultant's su co sulta ( ir } will perform potholing atong the pipe alignment for up to eighteen (18) potholes. The pothol infor ation w'II be included on the plans, and t e plans v ill be submitted to the respective utl i y owner ( a inly t e C ty) for conflict checking durin design. Pot oles ·n paved areas will be patched with perma-patch type material. 2 0 6 01-02-21 116 of 151 April 20, 2021, Item #54.0 Design T e des·gn effo d scr-ib din this task is bas don the project eleme s desc ibe i t e Backgro nd section f this Scope of e ices. If duri, g desi n the project elements defi ed abo em terially change1 odifica ions to the design scope and fe-e m y · e ne essary and will b based on mutuaJ written agreement. 4. l Site Visit Design team w II ake a site visit to observe existing conditions a d take photographs. 4.2 PS&E Prepare a bi ready ~et of construction drawi gs technical spedications, and an opin.ion of c.onstr ctio cos estimate (PS&E,. T e design will be subm,1ted to the City for review and comment a hese stages: 60%, 100% and Fi· al. The PS&.E deliverables are estimated to be comprised of the following: • Plans: !ans will be prepared on "O" size 24"x36" sheets at approp iate scales to show the work clearly. The proje pla set is estimated to include he ollowing: Preliminary 5heet Description Discipline Estimated Number of Sheets Title Sheet, Vicinity Map; lode of Drawings General 1 Abbr,eviations, Legend, Key Map, Sti:lgirig Areas General 2 Construction Notes General 1 Flow Diagram General 1 Hydraulic Profile General 1 Existing Condition Tank Site Plan Civil 1 Temporary Tank Site Plan+ Site Grading and Access Civil 1 Ta k Inlet/Outlet Connections and etails CiVil 1 Ta k Overflow Piping Plan & Details Civil 1 Tank Site Civil Details Civil 1 Pump Station Site Civil Details Civil 1 Bypass Pipelirie Plan and Profile Civil 2 Bypass Pipeline Details Civil 1 Bypass ipeline -East Connection at G<!'llery Civil l Bypass Pipeline -West Connection Details Civil 1 Tank Inlet/Outlet Pipeline Plan and Profile CiVil 2 Tank Inlet/Outlet Pipeline Details Civi:I 1 Overflow Facility Plan and Sections Civil l Overflow adlity Details CJvil 1 f>u p Station & Pressure Control Plan and Sections Mechanical 1 Pump Station & Pressure Control Details Mechanical 2 Structur I Notes anrJ Abbreviations Structural 1 Pipe Gallery Modifications at East Pipe Connection Structural 1 Pu p Sta ion S ructural Oetai:is Structural 1 Overflow Facihty Structural Details Structural 1 Overflow Facility Storrn Drain Inlet Details Structura,I 1 3 of6 01-02·21' 117 of 151 April 20, 2021, Item #5Electric I Symbols & Abbreviations I Electrical 1 Electrical Site Plan I Electrical 1 Single Line 0.agram/Elevations I Electrical 1 Pump Station Power and Signal Plan I Electrical 1 Pu mp Station Lighting and Recep acle Plan ' Electrical l I Electrical Area Plans Electrical 1 Controls j Electrical 2 Schedules and Details I Electrical 4 P.&ID Star dard Symbols and Abbreviations ! lnstrumenta ion 1 P&ID , Instrumentation 2 RTU Block Diagram ' I strument ion 1 Cathodic: Protection (CP) Details CP 2 Total 48 "" Not o/1 sheets wi f be submitted as part of the 60% des;gn stage. The plans ill be prepared using AutoC0..0 2018 with the fol owi g eliverables: o 60% and 100% sub i tals: Submit one PDF and ACAD files electro ically. Final submitt I: one {1) full-size, signed a d stamped mylar original se of pl ris. n el c ronic subn i tal wrn also·be made including t e drawi g AutoCAD files, sp cifications !Word files), and cost estimates (Excel :spreadsheets . • Specific-ations: Contract specifications will consist of mark-ups of the City's General and Tee nical Provisions o make thern project spedfic and will utilize current Green book and City supplemen al specificatio s w ere practical. Additional supplemental specifications such as for the pumps, will be provided in CSI format. Submit supplementa specifications ta he City for review at 60% {not all s ctions} and at 100% as Word f les electronically. S b lt final supplemental specifications as ord files electronical:ly. The City will prepar front end b.idding and contract documents. • Estimated Contractor Construction Schedule: As part of the 100% s bmittal, prov·de an estimated construe ion schedule showing major proje el roe ts1 and estimated durations and sequel'lce of work. Include a y shutdow of plant operatio s along with es imate shu down duration. Submit schedule elect,onically in PDF format. • Opi.nion of Constrnction Cost Estimate: Prepare cons ruction cost estimate dev loped using estimated quantities from the design and general unit cost factors at 60%, 100~1 and Final. Sub 1,t ore fxcel spreadsheet file in City bid list format withe ch submLtal. 4.3 Design Coordinat·on and Revi,e 1i1 Meetings Consul ant wil prepare for and participate in desi n coordination eetings/telecons wi.h the City to discuss on-going activities and iss e.s. T ese mee ;ngs will occur approximate! every week depending on the need for coordination. Up to eight (8) meetings are assumed. Cons ltan will prepare for and co duct up to two (2) design review meetings/te,lecons with the Ci y after the 60% and 100% design submittals to discuss project ele 1ents. Prepare and submit me ting notes. 4 o/6 01-02-21 118 of 151 April 20, 2021, Item #54.4 DOW Waiver Prepare\ aiver request for submission to DDW for project elemenH where a desig varia ce is needed. 5.0 Project Management during Design Phase Pro ide project administration, reporting, and coordination with subcons :lta ts to ·r onitor their progress and provide inter isciplinary review of comulta t and subcon.su1tant work produ s. FEE The attached table presents the fee breakdown for the Bypa5s Tank design services described above. Ccmpletio of these design services requires a budget augment of $42,375 t at increases the current authorized contract amount from $787,855 t S 30,230 SCHEDULE The schedule assumes timely responses for information and meeting coordination with he City and allows for submittal review periods by City of two (2) eeks. Review process s that are beyond Consultant's control may ex end the sc edule (e.g. City, utility agencies, DOW). Submit al 60% PS&E 100% PS&E Final PS&E ASSUMPTIONS Estimated Date January 15, 2021 March 21 2021 Aprit 6, 2021 • he project will be designed and bid as one (1) construction project, not split into indi id .al projects. • Enviro mental compliance and permit requirements will be the responsibility of the City. Beyond the desig submittals described in the scope bove, information reque ted for support of the environmental process can e provided o a time-and-materials basis. • Fo storr water manage ent purposes, t e te, porary tank, pump station and pi_ elines will be considered constr· ctio 1 phase facilities. As such no permanent BMPS ill be. required arid t e contractor will be required to prepare and implement a SWPPP .. • No ha,c1rdous materials investigations, studies, or consultations will be perforrned. • The City will handle public notificatiom, outreach, and any coordination needed wit 1 residents and community gro ps. • City will pay all permit and re iew fees equired by reviewing agencies (e.0• DOW}. • The following design items are not included but can be added pon mutual written agreement: 119 of 151 o Prep.a ration of separate design and/or specification packages to be issued for the pre-procureo e t of rnaterials for the project. c Chemical dos in or a to ated sampling sys em for the tank ..., Modifications to other utility SiStems that are outside Consultant's desian capabilities, 5 o/6 01·02·21 April 20, 2021, Item #5/ o ADA imp ovem nts that cannot be addressed as repl.ace-in-kind. o Site security s stems beyond fencing and basic securi.y camera installations. o Engineering support during bid and construction phases. a Construction manage111e t, administration, inspection (including in-plant inspectio of valve and pipe fabrication} and cons r ction staking. • Central SCA A and PLC/OIT programming will be provided by City. • The design of any shoring required for construction will be the responsibility of the wntr ctor. • The demolition and removal of the temporary facilities t at are part of this project ill be perfor ed under a separate construe ion contract sometime in the future (assumed to e afte t e new Clea ell is in place a d operational). Ass ch, t e design services in this. scope do not includ the demolition, remo al, and disposal of the temporary facilities or landscape a d baseball fi Id restorat•ion. • Contractor will prepare traffic CO· trol plans tnat may be req · ired a d acquire any nec-essary encroachmen ermits. 6 of 6 01-02-21 120 of 151 April 20, 2021, Item #5Clr'l'Qfl'OLVAf CUA ,l,'lU sr,..u.r ,i!Q/£0 -ftM,C!l,Ul' OYAUS mM 001 , -, n CT\J L~C.ft.illtl l'O ATID."'. f, f.rnMII rr ) t' H:-:-. -t:,-:-;-----------+---+------''----,---:..--+----+----+--i----f--"--!-..11. ... r ----i -' ''"l,r•..--•·1•...,......,_• -· .)l'IM.,.-...,..,!J.•-.,. .• ~ ,'I •• .ITUl.r ..... &-0._ 121 of 151 ... ,.. .... .,._ ~~ April 20, 2021, Item #5Anders Egense (Infrastructure Engineering Corp.) N vember 1 6, 2020 Re: (200""7) Pro osal to map the Lake P wa Treatment Plant Additjon-2. Dear Mr .. A.nders Egense: Please accep this propo~a, to provide aerial mapping and photogrammetric services for the Lake PCN•la, Treatment PlantAddttion-2. Ttle mapping will .onsist ofa 1"=20' map scale. with a 1 'contour interval. Deliverable will in lude AutoCad DV G files, and 1 set of BM! higt1 resolution digital prints. Infra ructure Engineering Corp.· ill r vide 5 horizontal and vertical co 1r I targets necessary to complete the project. ppm imate y ·12 days (Mon~ Fri) ViAJI be needed to complete this project Mieatr1 r ermittin_g). The cost to provide these services is $2,300. If this proposal rneet · 'vvith your ap ro 1al1 plea'""e sign belo an return this letter to ,A.erial Mapping Services. Sincere~,. 7 y,_,y, ~..i.~~.r Tim r elsen, President Aerial Mapping Ser.1ices rv r. Anders Egense ____________ Date Signed: _1_12020 122 of 151 April 20, 2021, Item #5AIRX Utility Surveyors, Inc. I RATE SHEET December 4, 2020 Pricing on rhis document s allrJ for 90 days fro in the dat~ ab V~-Prepared For: IEC Attn: Ar d rs Egonse, (85 ) Project Name: Poway Water Treatment Plant Project Location: Poway La e Road Total Number of Estimat d Potholes .. Project Management & Report Preparation Project Manage ent 13-2400 On Site/Records Research/Report dratting/Ad 1in .. Specialty Trai ing w/Mob (An icipate ): Name of Training Potholing Potholes Less Than 5' Deep P tholes 5' to 8' Deep Pothotes 8' to 11 • Dee Potholing Hourly Ra e Travel Rate (portal-to-portal) SA Mark-Ou I Standby Coard. I QA & QC Pothole Layout w/Mob Wet & Dry Uti ity Locating Locating -1 Man & Equipmen (Elec. 1ag. Sonic, GPR) Traffic Control Traffic Control'ROW plans -1 "X 1 7" Traffic Control1ROW ptans -D Sheets Permit processing Minimal Traffic Control Equipment (wlCCTV only) Bike Lane, Shoulder or Narrow Lane Closure (Excludes Arrow Board) Small In ersections/Standard Lane Closures (Up to 500' + tap -rs} Large Intersections/Multiple Lane Closures Addilio al Arrow Board . ight Work Premi Certified Fi gma I Addt't Laborer No. Flagmen Concrete and Asphalt Patching Aquapha.lt Permanent Patch -J/Sa Cut AC Cold Mix or Qulc Set Concret Pa c'h W/Saw Cut Backfill -Sand and Na ive Soil AC Hot Mix Patch w/Saw Cut Coring -12" Diameter Sidewalk Panel Replacernen Spoils Dump Fee: Haulage and Du p Fee (Non-Hazardous only') Paint Removal 18 No.: 8 hours@ $130 er hour= No.: 9 hours@ $80 er hour= I No.: 0 hours@ ill p•r rr;;mt r' Sub-total No.; 0 @ $750 per hole= r~o.: 0 @ S950 per hole= No.: 0 @ $1,200 per hole= No.; ~ @ 375 per hour-1 No; 9 @ $375 per hour-No .. : hours@ $95 per hour-Sub-total No.: hours@ $195 ~m1nt\Our= Sub-total No.: 0 @ S175 p/s1heet= No,.: 0 Call for quote I 0 .. : 0 hours@ lli per hour= No.: 0 each@ 5150 each= No.: 0 each@ $350 ,each: No.: 0 each@ ss5o ,each= No.: 0 each@ $750 each= ~o.: 0 days@ $150 per day= 1 o.: 0 nights@ $350 per nigh= 0 $165 I MIii()( Q hours= Sub-total o.: 18 @ $135 each: No.: 0 @ ill each= o.: 18 @ ~ eact = No; 0 @ $3.500 per day= o.:t=:=:[ @ lliQ each= o.: 0 Call for a ote Sub-total No.: 6 @ $250 er load.;: . o.: day@ $1 ,sco per day= $11040 $720 $0 $1,760! $0 $0 $0 $181000 $3,375 760 $22 135 $0 $0 !0 $0 $0 $0 $0 $0 so $0 $0 $0 so $2,430 so $630 so so 0 S3.000 s, ,500 S1 .500 Es i 1a e Total: l $29,955.00 I XBD2020.001 Poway· P. way Wall!r Tre l'ne I P,a ,1 fl EV! ED 16P !EC .Al 123 of 151 Pa e I l1f 2 April 20, 2021, Item #5("") All mobilization is char~ed p rtal to portal. This estimate is vahd for 90 days, • his es irrne ncludes t e provision Of prev Hing wage. Prevailing W ge rates ar se by e C;ilifomia De ar ment oF I dustrial Relation.s (DIR) r1nd subj ct to ch nge annual/}' per DTR r. gu/otions. Fed_ rol prevailing wage ra es will also oppfy 1/ applicable. • This is n estir,ate only ba:;ed n Ii ited iflf r ation provided. Adj 1st111ents. ch;mg 'Sand re ponSe to actual field conditions may i cur added co t5. Final lnuoicing will r•eflect actua1I work hours performed, materials utilized and services p,ovided. • Clie t to cilitate acces~ to it and utilit;, cabinet; or facilities in the area. AirX also requests cop·e~ f availabl a s·b Ht m4pi, r lat,n to the ject. • P tho! ng and E.xc.a,,a 10n rate appli ~ tot •pie. I c nchtlo s t asphalt or concrete 5ur ace material 6' -it· in deptti and digatil soil conoitio•ns. cessive urface material, concrete beneath asphalt, cobble, dense clay, era >e slurry, caliche or ot rm lurn w1U be c h:irged at the h url ra · lis d n thisestin;at • lJ ility loc,1 ing: Mini m chilrge o 2 man 1ours for Loe-a in . Afr : n akes our best ffort to find all u ilities b t r:ann t uarantee that all tiH ie will b lot11t o, Utili i s ml.ist b pothol d o g nt l•:>c:ati n. Please Note: AJRX was contacted to locate art foe I/tie on the site for mapping purpose to aid the ,Jfent ford sign . .However AIRX is nut a rte,resenratlv of any tol<e ltolder In th1S' geographic location, so this mc,rl( out tlOi!s not quolJ{v tu a stJbstitute for One Ca IJ or Dlq Alert; which is a re911irement prior to any excaw:,tion bV Jow. The onlv recuur'ie Is to po ltivelv identify the facflity by potholing whlc h would allow for the pre els~ m~os1.1remenr of on outside d om tet. A/RX mokes e~ry effort to m,, end der rmfne all attribure:s of th~ focilltles I nvo!ved but .some data con onJy be determined through potholing. • Utlllty Re-Mar ·I g: Utiritres previous! arked a, d sub,;equentl'r" lost due o conditio s bey on ur c n rol shall not b · the resp ns,bllity of AIRX Re-maf in , will e chorg ot rhe v mr11 lac ting rczte i cficotecJ on r is es-timate. • Trafflcco · ota dRi h ofWayplandrawm lsonll"xl "sheets. lfDShee arere uired,addit1onalfee5willapply, • P rmit fees. or r lg 1c of way or .traffic cormo1 permit revie~\I ar, ep s,ts,. r In addi Ion to · h Es rna e Tota!. These fees wi.11 be paid bv AirX and c arged back to the .I ent at cost pl s 0%. AirX cannot guara11tee turn-arou d time for permi~ proces.s. • St nd rd traffic ron r I ir,cludes alf ~1 ns, cones, barrl de!., i .n stal'lds .:ind ~a ti r, tape a 1 arrow-bo~rd unless ot e ise s.peci 1ed. Sp ciulty qvipm n such as o n• ypir;al 1 · nage, crash b rr I • mes age tio d or· -Rail re :iddltio.n L • AfrX ra pr vid_ certified flagma or a dirlonal taborers as nee ed .it a rate of S175 per man/how. • Patching: Prici.1g at lows for AC C d Patch, Qu1c~ 5 t Concret or a quiili p r an nt patch vit .llquap.halt onl'\I. Use of AQ p hair product is dependen u on Jgenc r acc::ept,mce a d uarante d for :3 years. lease re ues qu te if other pate ine material or AC Hot Mix/Grinding is re.ciuired. • Railroad Right or Wav: Railroad Prat dive liability lnsur.ince will be required f · r all wor wiU1 n , ·1rnad right of ,ay a d ma require Rai oa -sl ated llaggln and utility mark--ou personnel. Coordin tion of perso: nel m y affect schedule of wor . Final fe swill be p,11d for hy AIRX and char ed back to the Cit tat cost plus 10.i✓, • Ha?arrlous.SpoiL..: Te!. 'ng, $toro1ge, and Dis po I of anv aterlal, h11:zardous or otherwise, will inar additional charg.e a, d based o project req ire ents. If ,eq~ ire I fee b will be paid for . y .A.irX and charged b,c · to th Cli nt at cost plu 10%. • I air excavatim is used, pricing assumes that sp ils will e plcJced bad Into the h le onsite as b ct.fill. If o :.ite -di~o5a! i:. re ired, .in a i ional fee will i ur. • Specialt , training due o project requirement!> may inrnr added time and cos• nd affect schedule of work. • work with[ Caltr f'\S, ailroad. envlror.mei[ II' sensitive o eont n,i ated areas av inc r additional cost . • Nieht rk, if re uired, will iru;ur adclit1on I cost f r all0'1!1 ligh ing, g;n r tors· d arricade Ii hts. • All rat , .:ire bil~ed on ;:i. sta dard 40-1,our 1.-.;ork week Overtime, doubletime or holiday tes r-.·ill ppl 1 1f applicabl • TERMS; All fnllO!ces ore cJµe Qnd OQVClble NET 45 de>tf$ from d(lte ofjnvoice. Authorization: Inv ic Contac : Please inc/u all persons that wi/J a 9ceiving invoicing oorreSf.'OrJdrmce} Invoice Address: Pie· se inclooo all pBrsons that vi!J be rece;ving invoicing correspondence Invoice Email(sl: (Please i1iclude aff per ans that wi/Jbe.:-ecefv,ng invoicing correspondence .. > Page.2 2 124 of 151 April 20, 2021, Item #5KELSEY 5 l'iUCTUqA. ____________________ S_t_ru_c_t_u_ra_l_E_n_g_i_n_e_ering _Service Proposal December 7, 2020 Anders Egense, PE Se ior Project Manager Infrastructure Engineering Corporation 14271 Danielson Stree Poway, CA 92064 RE: City of Poway Clearwell Bypass Pipeline Dear Mr_ Egense, T a k you for Hie opportunity o provide a proposal for he above referenced project. BACKGROUND It is our un ers a ding that the City of Poway (City) is requesting engineering services or the design of a new bypass pipeline system located at the existing Lester J_ Berglund Water Treatment Plant. The pipeline will serve as a temporary bypass of the existing cl.earwells while new clearwells are constructed. Struct iral design work an ic,pated incfudes mod,fications to an existing concrete pipe gallery, a ne slab-011-grade pump station and an overflow piping facility. Kelsey Structural (KS) is proposing to IEC as a subconsultanl to provide structural er g~neering services for this project. This proposal was prepared spec-ifically fo IEC and its designated repr,esentatives and may not be reproduced or provided to others without Kelsey St.ructural's express permission. SCOPE OF WORK Our p~oposed Scope of Work includes the folJowing 1te s: 1. Modiflcatjons to Existing Pipe Gallery Concrete Structure KS shall provide structural design for modifcations to an existing pipe gallery concrete vault structure where a ne J 361f diameter pipe connec s to an exis r g 42" diameter pipeline. A portion of the ex·sti g wall will be removed and replaced with a new concrete wall where pipe penetration occurs. Addl ionally, (2) new concrete pipe supports will be required to support the exis ing 42'1 diameter pipe section at t e 36" diameter connection. 125 of 151 April 20, 2021, Item #5~f~~~~ __________________ Structural Engineering Service Proposal 2. P mp Station KS shall provide structural design of a concrete slab-on-grade fou dation and concrete pipe can encasement for the new pump station facility. Design shall include reinforced co ere e slab-on-grade with urned-down perimeter ootings, equipment anchorage and s ructural restraint details, as required. 3. Overflow Piping System Facility • Pipe Supports: KS shall provide struct r.al and seis ic design for the 24 diameter ove low pipe su po s. The pipe is an icipated to be laid on a slope and will tiave several bends and air gap outlet to the existing storm drain. Pipe supports are anticipated to incl de concrete pedestals with pread too i gs and anchorage of the pipes to the pedestal supports. Adequate embedrnen oft e fou dations will be required to res·st unbalanced soil loads and revent scouring of he soil on the slope. Concrete Drain Inlet Structure: KS shall provide structural design o a new 6'x6' concrete drain inlet structure below the 24' overflow pipe air gap and connecting to an existing 48" diame er storm drain pipe. The s ructure shalf consist of reinforced concrete walls and mat sla w'th grating cover and will retain sloping backfill on one side of the structure. Large pe · etratio s for the exis ing storm drain pipe are anticipated. 4. Project Management and Administration • Review Meetings: KS shall participate in one (1) review meeti g to be conducted over conference call or virtually. • QA/QC: KS shall provide i ternal Quality Assurance/Q ality Control (QA/QC revlews of structural deliverables hroughout the duration of he project. • Plan Reviews: KS shall provide responses to a d incorporate client/reviewer comments at each project deliverable milestone. • KS shall provide project management services throughout the duration of he project incl di g coordination, monthly invoid g, conference calls and slmilar administrative and manage ent seNices. T e Scope of Work has been developed based on information p ovided by IEC and represen s our understandlng of the work o be include in this project. The final Scope of Work may vary from w at is presented herein and may be revised wi h consent by both KS an IEC. Items not explicitly defined in the Scope of Work are not provided. 126 of 151 April 20, 2021, Item #5KELSEY STR CTUI< L __________ _ Structural Engineering Service _!_roposal DELIVERABLES The Scope of Wor as defined erein shall include the following deiiverables: 1. 60% Design: Inc udes 60% design level structural drawings, specifications and Opinion o Probable Construction Cost (OPCC) Drawings shall include ypical notes typical details. foundation plans roof plans, sectio s a d s ructural details, as required. 2_ 1001/o Design: Includes 100% de_ ign level struct ral drawings specifica ions and OPCC. Ora ving shall include typical no es, typical details, founda ion plans., roof plans. sectfons and struct rat details, as required. 3 Final Design: Includes Final design level structural drawings, specificatio s, calculations and OPCC. Drawings shall include typical ates, typical details. o ndation plans., roof plans, sections ands ru ~ural de ails, as required. Final drawin sand calculations shall be stamped and signed by a registered California structu al engineer. Estimated Fi al Sheet Count: 10 Sheets Drafting will be performed in AutoCAD and drawing s bmittals will be provided in PDF format. Specifications will be provided in Word or PDF format. Specification work shall include coordina ion and markups o Greenbook specs wit supplemen al CSI format specs rovided, as needed. Calculation packages will be provided in PD format. ASSUMPTIO S The Scope of Work as defined herein was developed with the following assump ions: 1. All work s all conform to the 2019 Califo ia B ilding Code (CBC) and its referenced code docu ent . 2. IEC shall provide au drawings backgrounds. 3. IEC shall provide geo echnical report prior to the start of 60% design. 4. IEC shall provide cost estimates related to no structural i_ems. 5. Design for thrust leads shall not be prov ded .. 6. Design r ·ev·ew of ele ents pe ai ing to t e site temporary steel storage tank shall ot be rovided 127 of 151 April 20, 2021, Item #5KELSEY Structural Engineering Service Proposal S•R CT URA ----------------------------------PROPOSED FEE The pmposed fee fort' e Scope of Work as defined herein is as follows: 1. Modmcations to Existing Pipe Gallery: 2. Pump Station: 3. Overflow Piping System Facility: 4. Project Management and A ministration: TOTAL FEE: ADDITIONAL SERVICES $6,520.00 6,080.00 $19,980-00 $4,400.00 $36,980.00 Add~iona services are those which arise as a result -o _ nforeseen circumsta ces during the desig of a project and which. therefore, cannot be included in t e bas·c services agreement, or those services, which are not part of the origina Seo e of Work. Adde da to this proposal may be provided for these services, as required. Thank you for the oppo unity to provide our proposal and for considering us for this pro·ect. If you have any questions or need further information, please do not nesita e to call or email. Sincerely, Guy Kelsey, SE 6099 Principal E gineer c: Mat S one, SE Proposal accepted by Client or aut ori:zed representative of Client: Signatwr _ Date Name (please print) KELSEY =---=-='-'-=......__=-~~=""-='-'-'-"'=.--""'-'-~~~-'--'-'-'--'--=~==-----~------........c ........................................ ........, ________ ~ S"l'lhJ ~Tu A 128 of 151 April 20, 2021, Item #51 11<.ml /Pbam & sso ial !:i -Fe E ti at For ""'le ·1rici;1l ngmeering 12/9/ ... 2L Cli I 1: !EC Projt! r: City c,f owa ... · Clc,1i-vell B)· a· System Desi.-:::n .·ite Rec 1111ai:-s.a1 c Re i w E.-1~tir1g D t.: m lits -tri ,-,I y111b Is and Ab m:vii'.lli 11 • t Pl n I ia,:;rnm ~ io l 11 P w. r d1 ,_n~I Ian i n Lighting cccptn le Pl n Area Plans C ntrol I lcs I ul s 2 I I -c.:'ID 1.tmd,rd • .-ymbois ~nd t\bbre i, tions N2 -rl i 3 • P&ID 2 N -RTU Blc k Diagram I C {il1l!S c 111111en1 resolu ion ivisi n 16117 pedlkati ns ost 1i111a1c hr t't I ext · ump ion I. /\II 1·eq11ir 1 CAD bad,__iou11ds is b. Civil 1;11tra ADA pr gram, i11g i. by City 3. Contr I t~tel::!y b/ Civil revi wed by PA 4. P"ping p rti n f P&l 's l · Civil 1 ·r tiowry standby nera1nr 129 of 151 5 2 j_ 12 I 6 4 12 6 _) 3 6 6 6 20 4 4 8 -'~ 1: ,.t, 0 suJtOtal I 8 6 5 8 6 6 8 s 6 6 8 6 6 97 . ]0. .700 EJ April 20, 2021, Item #5Geo ea., ital !:nv rorvn nlal Sci !Cf Con 11,t n December 2, 2020 P ojec No. 08978004 Mr. Anders Egense Infrastructure Engineering Corporatio 14271 Danielson Street Poway, California 92064 Subject: Proposal for Additional GeotechnicaJ Evalua ion Poway Bypass Project -Ballfield Area City of Poway Public Works Department Poway. Ca liforn ra Dear Mr. Egense: At your reques( we are pleased to submit this proposal for an additional geotechnical evaluation for the City of Poway Public Works Departments Poway Bypass Project in Poway California. The project is located at the City of Poway Public Works Department's Lester J. Berglund Water Treatment Plant on Lake Poway Road. Our offices previously performed an evaluation fort e projec and the results of our evaluation were presented in our report dated March 31, 2020. We understand that the design and location of the project has been modified since the time of our evaluation and that additional subsurface information is needed. Based on the conceptual plan provided to us dated November 9 2020 we understand the project will include a temporary above-ground tank to the east of the water treatment plant in the baltfield area,. temporary pump station located southeast of the Clearwell, and a new permanen buried 36-inch diameter gravity flow pipeline. The pipeline is an icipated to be at depths up to 15 feet below the ground surface. Based on our previous borings in the area, we anticipate encounterng fill, old all _vium, and granitic rock. Based on provided plans and information (Poway Municipal Wa er District, 964). a fill slopes up to 20 feet in height is present to the west of the Clearwell, and fill materials wit depths up to 12 feet are anticipated to the east of the Clearwell. Our evaluation will u ilize subsurface exploration data obtained during our previous evaluation at the si e to supplement our proposed subsurface exploratio . 5710 R;ffin Road I S n Diego, Califor ia 92123 I p 858 576 10 I ww v.ninyoan rnoore.com 130 of 151 April 20, 2021, Item #5SCOPE OF SERVICES Based on our understa ding of the project, we propose the following scope of services: • Reviewing background information including topograp ic maps, geologic . ap , fautt maps1 and aerial photographs pertinent o the project. • Reviewing available geotechnical reports or plans. • Obtaining a Right-of-Way permit from the Ci1y of Poway for the project site. We have assumed that any City permit fees associated with this project will be waived. • Performing a geologic reconnaissance of the site and mark-out of the proposed boring locations by professionals from our office. Underground Service Alert (USA) will be contacted for utility clearance. • Performing a subsurface exploration consisting of drilling logging and sampling th ee exploratory borings in the area of the proposed pipel'ne alignment and tank. The borings will be advanced to depths of approximately 15 to 20 fee below grade {or auger refusal) with a track-mounted, limited access drill rig equipped with hollow stem augers. Two borings will be loca ed in the vicinity of the proposed tank in the existing balJfield area and one boring will be in the a ea of the proposed buried pipeline. Bulk and in-place samples of t e encountered soils will be callee ed and transported to our i 1 .. house geotechnical laboratory for testing. Borings will be backfilled with DEH approved materials. Excess soil cuttings gene ated from our borings will be spread at a designa ed location onsite. • An additional exploratory boring will be adva ced using manual equipment (i.e. hand auger) within the tank footprint. This bodng will be advanced to a depth of 5 feet (or refusal). • Performing geotechnical laboratory testing on represen alive soil samples. • Compiling and performing an engineering analysis of the data obtained. • Preparing a geotechnical evaluation report that will include our findings, conclusions, and recommendations rela ive to design and construe •ion oft e project. ASSUMPTIONS ln preparing this proposal we have made the following assumpUons: • The project is subject to prevailing wage requirements under etermination year 2019~ 1D .. • Upon awarding of the project, the cflent win p ovide in writing the Department o Industrial Relations (DIR) project number. • Permission for site access to our personnel and vehicles will be granted, Ninyo & foore i Cil oJ P ,iay Pu I c 'o<k' ep rtm 1. Pr ;at Calil rnia I 1 89780 4 I e _mh 1 2. 2020 131of151 2 April 20, 2021, Item #5• Our field operations can be performed during regular work hours, F iday, 8:00 a.m. to 5:00 p.m. -The---si e-i -tlr-iv .cees ible-foP--2-~lfl E>llRt F' ig. • Right-of~Way permits ill be required for our proposed subsurface exploration but traffic control will not be requi ed since no work is wi hin the public Right-of-Way. Because our work will be performed for the City of Poway, fees associated with the right-of-ay permits will be waived. If traffic control is required a cost estimate fort ese services will be provided upon your request. • Our subsurface exploration will not require drilling permits from the County of San Diego Department of Environmental Healt (DEH). • We understand that borings at the ballfield will be performed in the dirt infield, outside of grass areas. We will utilize plywood to avoid damaging the balJfield while maneuvering the rmited access drill rig to the planned boring locations. • Excess soil cuttings from our borings will be spread thin at a designated onsite location. If excess soil needs to be disposed of off-site, there will be an additional fee. • Borings will be backfi led with DEH approved materials and borings within paved areas will be capped w·th Perma Patch at the surface. • If patching of paved areas with hot mix asphal is required by the City of Poway, additional fees w·u be required for paving and t affic control. • Environ ner tal sampling and testi 19 of the subsurface soils or ground water, and environmental assessment are not included within the scope of this proposal. A cost estimate for these services will be provided upon your request. FEE ESTIMATE Our fee to perform the services outlined above will be invoiced on a time-and-materials basis and is estimated to be $25,400 (Twenty-Five Thousand Four Hundred Dollars). The estimated fees are based on the scope of services presented above and our understanding of the existing conditions and the proposed improvements. Additional services, beyond those described herein, if requested, will be performed on a time-and-materials basis .. SCHEDULING We are prepared to begin our services immediately upon receiving your written a thorization to proceed. The permitting of the fieldwork may take two to four weeks and drilling activities a e anticipated to take one working day. Our report will be finished approximately four weeks following performance of our fieldwork. N1nyo & • ore I 132 of 151 ·)'Public·~ r~, Dep~rtmenl o sy. California I 897B 04 I Oem~ber 2, 202 ------ April 20, 2021, Item #5If this proposal meets w·th your approval, please forwa d your contract documen s, authorizing us to proceed. We appreciate the opportunity to submit this proposal and look forward to war ·ng with you on this project RespectfuUy submitted NINYO & MOORE William R. Morrison, PE, GE Senior Engineer CATlVVR.M/GTF/cdb Dis 'bution: (1 Addressee (via e-mail Gregory T. Farrand, PG CEG Principal Geologist Ninyo & Moo1e I Cily ol P •at Public 0, .~ D parlrnen, Powa~. Ca for:'lia I 10897 04 I Oecembe, 2. 202G 133 of 151 April 20, 2021, Item #5DESCRIPTION LABOR HOURS Task Work to be Compteted PM SCT AA -.A,_ Ii nment Corrosivity Assessment Task Comcleted 1 Re ·ew e 9-i: ·n s. studies. reports, prep for field 2 Co duct field corrosivity es m 3 Review geo ech report/soil chemical an y:si·s.sata------4 , Conduct stray cul!eJ)t..i,, , rence review P-~ vide-soifcorros·vity Assessment Letter Report 8 8 Corrosion Contra /Cathod·c Protection Design Review Drawings/S a dards for cathodic protecfon 2 Provide C Pf corrosion control design analysis/calculations 3 Provide redline mark ps to civil plan a d profile Provide 60% CP design submittal (detail sheets and specs 5 Rev'ew 60% commen1s, pto ide 90% design sub ittal 6 Rev·ew 90% comments, provide 100% design su mittal 7 Provide labor and materials cost estimate wfupdates 8 Atte1d project mee ings orTelCon (1 meeting) TOTAL 2 134 of 151 subtotal 19 2 4 4 10 6 2 4 3 subtotal 35 0 10 6 2 18 2 2 4 2 2 2 12 TOTALS HOURS FEE $160 $96 $320 $320 ~ $1.470 32 ~0-2 $320 4 $640 6 $830 24 $3,080 14 $1,810 6 730 6 · 830 3 $480 65 $8,720 $8,720 April 20, 2021, Item #5City of Poway FIFTH AMENDMENT FOR CONTRACT SERVICES THIS FIFTH AMENDMENT TO THE CONTRACT (the "Fifth Amendmenr) is made and entered into effective this eighth day of February, 2021, by and between the CITY OF POWAY, a municipal corporation (the "City") and Infrastructure Engineering Corporation, (the "Contractor"). RECITALS 1. City and Contractor entered into that certain "Clearwell Upgrades Project" Contract, dated May 8, 2019 (the "Contract"), by which City and Contractor established the terms and conditions for providing design seNices for the Clearwell Upgrades Project (Project). 2. The Contract is effective through and terminates upon completion of the Project, as determined by the City in its sole discretion. 3. On November 22, 2019, the City agreed to amend the compensation and reimbursement provisions of the Agreement in an Amendment letter (Attachment 1) and increased the Agreement amount from a not-to-exceed amount of $385,821 to a not-to-exceed amount of $499,995, and revised the Scope of Work in accordance with Attachment 1. 4. On January 17, 2020, the City agreed to again amend the compensation and reimbursement provisions of the Agreement in an Amendment letter (Attachment 2) and increased the Agreement amount from a not-to-exceed amount of $499,995 to a not-to-exceed amount of $787,855, and revised the Scope of Work in accordance with Attachment 2. 5. On July 14, 20201 the City again agreed to amend the Scope of Work in an Amendment letter (Attachment 3) in accordance with Attachment 3. 6. On January 7, 2021, City and Contractor agreed to amend the compensation and reimbursement provisions of the Agreement and increase the Agreement amount from a not-to-exceed amount of $787,855 to a not-to-exceed amount of $830,230, and revised the Scope of Work in accordance with Attachment 135 of 151 ATTACHMENT F April 20, 2021, Item #54. The Parties agreed that the provisions of the amendments described in Recitals 3 through 5 were treated as formal amendments to the Agreement, at all times subject to all the terms and conditions of the Agreement, and were superseded by the Fourth Amendment. 7. The City and Contractor now agree to amend the compensation and reimbursement provisions of the Agreement and increase the Agreement amount from a not-to-exceed amount of $830,230 to a not-to-exceed amount of $861,355, and revise the Scope of Work in accordance with Attachment 5. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Section 1 .. "Scope of Service" of Exhibit "A" entitled "Special Provisions" is hereby amended to read as follows: A. Scope of Services Consultant agrees to perform consulting services as required by City, which shall consist of the design services further described in the Scope of Services submitted in writing on January 19, 2021, which is included in this document as Attachment 5, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. Section 2. "Compensation and Reimbursement" of Exhibit "A" entitled "Special Provisions" is hereby amended to read as follows: 8. Compensation and Reimbursement City shall pay Consultant a fee in accordance with the Fee Estimate dated January 19, 2021, which is included in this document as Attachment 5. Total fee is not to exceed $861,355. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of 136 of 151 April 20, 2021, Item #5approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. Section 3. Except as otherwise amended by this Fifth Amendment, all other terms and conditions of the Contract, and each and every attachment, extension, amendment, and exhibit thereto, shall remain in full force and effect. 137 of 151 April 20, 2021, Item #5IN WITNESS WHEREOF, the parties hereto have duly executed this Fifth Amendment on the date first above written. CITY OF POWAY By~ Chrisine, City Manager ATTEST: Vaioa Pavolas, CMv, City Clerk I ? APPROVED AS TO FORM: INFRASTRUCTURE ENGINEERING CORPORATION By: ~/4'---~--y~~0-~-----Robert Weber, President Date: 0/J_-09--:/o;;>/ I 01-~ By:--------------Alan Fenstermacher, City Attorney 138 of 151 April 20, 2021, Item #5ATTACHMENT 5 February 4J 2021 Ms. Shadi Sarni, PE Principal Civil Engineer City of Poway Public Works Department 14467 Lake Poway Rd Poway) CA 92064 Re: Poway Water Treatment Plant -Clearwell Bypass Project Scope & Fee for Operational Plan for Temporary Bypass System -Revised Proposal Dear Shadi: Based on direction from the City of Poway (City) received on February 3, 2021, we understand the City wishes for Infrastructure Engineering Corporation (lEC} to expedite the preparation of a Modified Water Treatment Plant (WTP) Operational Plan to include information on the start-up and operation of the new Temporary Bypass Facilities. In response to the City's request to expedite this project, IEC is submitting this revised proposal. The new approach includes preparation of two new Standard Operation Procedures (SOPs): one to describe the start-up of the bypass facilities and one to describe the operation of said facilities; review of the SOPs by the City for comment; incorporation of City comments into the SOPs, and submittal of draft final SOPs to the State Regional Water Quality Control Board -Division of Drinking Water (DOW). The draft final SOPs would take the place of Modified Operational Plan, but would place critical information into DOW hands for review. After a review meeting with DOW, the SOPs will be finalized and incorporated into the City's existing 2019 Operational Plan. After one more review by the City, the final Modified Operational Plan will be delivered to the City for submission to DOW. This new approach allows the City to deliver the critical information about the Temporary Bypass Plan to the DOW ln a timelier fashion, while keeping the final deliverable for the project the same. We are attaching a revised Exhibit A and Fee as well as the original proposal. We will start on this work as soon as we receive a Notice to Proceed from the City. Please feel free to call me with any comments or questions you may have. I may be reached at 858-842-6978. Thank you for the opportunity to continue to assist the City will this important project. Sincerely, J7 ✓,, cL /// a l-&e~7 ?tA!JZ<?~✓ Robert S. Weber, PE Principal in Charge CC: Anders Egense, PE, Rick Kennedy, PE Jane Costello, PE Project Manager Attachments: Exhibit A Rev, IEC Proposal dated January 19, 2021 lt1?71 Duni lsonS,ca1. P<,•r(l ,C lil,nio9?0 •1 T 81113.?II O t 858.,113.2-1'10 Nw1iorn1p,,ori n .c1. 139 of 151 April 20, 2021, Item #5EXHIBIT A-SCOPE OF WORK AND FEE FOR START-UP AND OPERATIONS PLAN FOR TEMPORARY CLEARWELL BYPASS SYSTEM AT POWAY WATER TREATMENT PLANT .. REVISED INTRODUCTION The City of Poway (City) operates the Lester J. Berglund Water Treatment Plant (WTP) to produce and deliver drinking water to City customers. The WTP uses rapid mixing, coagulation, sedimentation, filtration, and disinfection to treat the water. After the filtration process, treated water flows through a 42-inch (42'') filter effluent pipe to a 10 million gallon (MG) Clearwell where it is stored before being conveyed to the distribution system. The City has concluded, based on previous studies, that the existing Cleaiwell is in need of replacement. The new Clearwell is slated to be built within the footprint of the existing Clearwell. In order to facilitate construction of the new Clearwell, a Temporary Bypass System will be constructed and placed into operation for the duration of the demolition and construction of the new Clearwell. Via separate contract with the City, Infrastructure Engineering Corporation (IEC) is currently preparing design documents for the Temporary Cleaiwell Bypass System. These facilities will consist of the following: Bypass Tank -A 2.0 MG temporary bolted steel tank located just east of the WTP on a baseball field in Lake Poway Park. • Bypass Pump Station -A temporary pump station to pump treated water from the 42" WTP effluent line to the temporary tank located at an elevation about 50 feet higher than the effluent line. • Bypass Pipeline -A 36" permanent pipeline that conveys water from the 42" WTP effluent line to the existing distribution piping located in the Operations Yard. This pipeline also serves as the suction line for the Pump Station. • Tank Inflow/Outflow Pipe -A 24' pipeline that conveys discharge from the Pump Station to the Bypass Tank and from the Tank back to the Pressure Control System. • Pressure Control System -A system of pressure reducing valves that will control the flow from the Bypass Tank and break head down to the 865 Zone. SCOPE OF SERVICES The specific tasks to be performed by IEC are as follows: 1 . Conduct a kick off meeting with \h/TP Opemtions staff to obtain input rngarding ourrent and anticipated plant operations. 2. Prepare draft Standard Operating Procedures (SOPs) for the Start-up and Operation of the Temporary Clearwell Bypass System. Submit draft (Word file format) to City for review. The SOP will be set of directions on how to start-up or operate the Temporary Bypass System. The SOP will be a "translation' of the control narrative into narrative procedures. 3. Prepare for and conduct a workshop with City staff to discuss the draft SOPs. 4. Prepare revised SOPs based on input from City for submission to State Water Resources Control Board -Division of Drinking Water (DOW). Submit Fovised SOPs to City (WoFe file format) for one additional round of comments. 5. Prepare for and coordinate a review meeting with DOW Page 1 of 2 140 of 151 April 20, 2021, Item #5... Incorporate City comments on the SOPs and Prepare a Modified WTP Operational Plan (Plan) to include the SOPs. The Plan will be structured such that it can be appended to the existing WTP Operational Plan (2019 edition). The Modified Plan will include the following: o Introduction section o Narrative description section o SOP for the Start-up of the Temporary Clearwell Bypass System o SOP for the Operation of the Temporary Clearwell Bypass System o Comments from City and DOW after DOW meeting Submit the draft Plan (Word file format) to the City for review. 7 Revise the Plan (PDF format) to include City comments and coordinate with the City to submit modified WTP Operational Plan to DOW. City (PDF format). Coorainate with the City for submission of the Plan te State ~tiJater Resources Control Board Division of Drinking Water (DOW). 8. Prepare for and coordinate a review meeting with DD'.6/. 9. Revise the modified INTP Operational Plan to include comments from DOW. 10. Delii.ior a final modified 1ALTP Operational Plan to the City (PDF format) for submission to DOW. 11. Provide project administration including monthly invoices, project communications and coordination. SCHEDULE The schedule assumes timely responses for information and meeting coordination with the City as shown in the list below. Review processes that are beyond IEC's control may extend the schedule (e.g. Cityj DOW). Submittal NTP Draft SOPs Workshop/Review by City Draft Final SOPs for DOW Draft Plan (after DOW meeting) Review Period Final Plan FEE Estimated Date Assume NTP on February 5, 2021 Assume 13 working days or February 24, 2021 February 25 -March 5J 2021 March 12, 2021 Two vVeeks from DOW Meeting 1-2 Weeks 1 Week after Review Period End The attached table presents the fee breakdown for the services described above. 141 of 151 Page 2 of 2 April 20, 2021, Item #5142 of 151 CnY OF POWAY CLEARWELL BYPASS PROJECT· WTP OPERA TIONAl. PLAN FOR TEMPORARY BYPASS SYSTEM INFRASTRUCTURE ENGINEERING CORPORATION· FEE ESTIMATE REVISED Tui: Subtottl , Co.sh hlMfp~ In c.natg-r $705 S~r.ior ,aj«l Man:JIJet-Tffhr.ic.oJ Dtptrfo-r SH5.1Xl 14 $5,640 Sll~.00 32 w 4 2• 2 16 lQ<! sn.,'° It113:r.r,rlJI/ CAO ilJ Dr1{,;t?V 12 30 $41&!.0 5ubus.k L•~r·Hou s 49 4 l5 32 27 161 ~ S.\l'bt1M Ub'lfC(l'.I s,.,1s S9CIC sr.~5 SHW $~,365 S!60 so ~31,l?S so so so so $0 so 10ll CCH $,00 $6,720 Sf60 $31,llS 21•no21 April 20, 2021, Item #5City of Poway SIXTH AMENDMENT FOR CONTRACT SERVICES THIS SIXTH AMENDMENT TO THE CONTRACT (the "Sixth Amendment") is made and entered into effective this tenth day of March, 2021, by and between the CITY OF POWAY, a municipal corporation (the "City") and Infrastructure Engineering Corporation, (the "Contractor"). RECITALS 1. City and Contractor entered into that certain "Clearwell Upgrades Project" Contract, dated May 8, 2019 (the "Contract"), by which City and Contractor established the terms and conditions for providing design services for the Clearwell Upgrades Project (Project). 2. The Contract is effective through and terminates upon completion of the Project, as determined by the City in its sole discretion. 3. On November 22, 2019, the City agreed to amend the compensation and reimbursement provisions of the Agreement in an Amendment letter (Attachment 1) and increased the Agreement amount from a not-to-exceed amount of $385,821 to a not-to-exceed amount of $499,995, and revised the Scope of Work in accordance with Attachment 1. 4. On January 17, 2020, the City agreed to again amend the compensation and reimbursement provisions of the Agreement in an Amendment letter (Attachment 2) and increased the Agreement amount from a not-to-exceed amount of $499,995 to a not-to-exceed amount of $787,855, and revised the Scope of Work in accordance with Attachment 2. 5. On July 14, 2020, the City again agreed to amend the Scope of Work in an Amendment letter (Attachment 3) in accordance with Attachment 3. 6. On January 7, 2021, City and Contractor agreed to amend the compensation and reimbursement provisions of the Agreement and increase the Agreement amount from a not-to-exceed amount of $787,855 to a not-to-exceed amount of $830,230, and revised the Scope of Work in accordance with Attachment 143 of 151 ATTACHMENT G April 20, 2021, Item #54. The Parties agreed that the provisions of the amendments described in Recitals 3 through 5 were treated as formal amendments to the Agreement, at all times subject to all the terms and conditions of the Agreement and were superseded by the Fourth Amendment. 7. On February 8, 2021, City and Contractor agreed to amend the compensation and reimbursement provisions of the Agreement and increase the Agreement amount from a not-to-exceed amount of $830,230 to a not-to-exceed amount of $861,355, and revise the Scope of Work in accordance with Attachment 5. 8. The City and Contractor now agree to amend the compensation and reimbursement provisions of the Agreement and increase the Agreement amount from a not-to-exceed amount of $861,355 to a not-to-exceed amount of $977,728, and revise the Scope of Work in accordance with Attachment 6. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Section 1. "Scope of Service" of Exhibit "A" entitled "Special Provisions" is hereby amended to read as follows: A. Scope of Services Consultant agrees to perform consulting services as required by City, which shall consist of the design services further described in the Scope of Services submitted in writing on March 9, 2021, which is included in this document as Attachment 6, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. Section 2. "Compensation and Reimbursement" of Exhibit "A" entitled "Special Provisions" is hereby amended to read as follows: 8. Compensation and Reimbursement City shall pay Consultant a fee in accordance with the Fee Estimate, which is included in this document as Attachment 6. Total fee is not to exceed $977,728. Consultant's fee shall include, and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. 144 of 151 April 20, 2021, Item #5In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. Section 3. Except as otherwise amended by this Sixth Amendment, all other terms and conditions of the Contract, and each and every attachment, extension, amendment, and exhibit thereto, shall remain in full force and effect. 145 of 151 April 20, 2021, Item #5IN WITNESS WHEREOF, the parties hereto have duly executed this Sixth Amendment on the date first above written. CITY OF POWAY By:-------------Chris Hazeltine, City Manager Date: ------------ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: INFRASTRUCTURE ENGINEERING CORPORATION By:--------------Robert Weber, President Date: ------------By:-------------Alan Fenstermacher, City Attorney 146 of 151 April 20, 2021, Item #5Attachment 6 Amendment No. 6 Scope of Services for Clearwell Bypass Project: Engineering Services during Bid and Construction Phases BACKGROUND The City of Poway (City) is planning to construct a Clearwell Bypass System that will allow the treated water from the Lester J. Berglund Water Treatment Plant (WTP) to bypass the existing Clearwell and discharge into the distribution system. The major elements of this Project are assumed to be comprised of the following and as generally described in the plans and specifications being prepared by Infrastructure Engineering Corporation (Consultant). The project generally encompasses: • Two temporary, above-ground bolted steel tanks to be located on the ballfield east of the WTP. The tank will include inlet/outlet piping, overflow piping and site modifications to accommodate the tanks. • Temporary pump station to lift water from the WTP to the temporary bypass tanks. • Permanent buried 36" diameter bypass pipeline that extends approximately 1,140 ft from the WTP Effluent Pipeline (east connection), serves the temporary pump station, and connects downstream to distribution system piping in Operations Yard (west connection). • Temporary above-ground 24" diameter bypass pipeline that extends approximately 2,000 ft between the temporary bypass tanks and the pressure control facility in the Operations Yard. • Temporary pressure control facility located in the Operations Yard to regulate flows from the bypass tanks to the distribution system. • Temporary bypass system overflow facility comprised of pipes and discharge to a storm drain. • Power supply and instrumentation for the tank, pump station, and pressure control facilities with signals conveyed to WTP control building. Portable engine generator for pump back-up power. The City engaged the Consultant via the Clearwell Upgrade Project Agreement dated May 15, 2019 (Agreement) and has approved five prior amendments for expanded services. Described below are the specific tasks to be performed by the Consultant. Consultant will engage the services of subconsultants to assist with electrical, structural, and cathodic protection specialties. All tasks are directed to Consultant unless otherwise noted. SCOPE OF SERVICES 1.0 Engineering Support during Bid Phase The support services shall encompass the following activities. The services will be provided at City request on a time and materials basis up to the level of effort defined in the task budget: • Attend the pre-bid meeting and job walk. The City will facilitate the meeting. • Prepare up to two (2) addenda and submit to City. City will prepare and distribute the addenda. • Provide responses to questions (via e-mail/PDF format to City). • Provide review and comments on submitted bids. 2.0 Engineering Support during Construction Phase The support services shall encompass the following activities. The services will be provided at City request on a 1 of 4 3-9-21 147 of 151 April 20, 2021, Item #5time and materials basis up to the level of effort defined in the task budget: • Attend the pre-construction meeting. The City will facilitate the meeting. • Review contractor submittals received from the City for general conformance with the contract documents. Provide written response noting exceptions and/or comments within ten (10) working days (in e-mail/PDF format). For critical submittals, efforts will be made to expedite the review. Assume a total of up to fifty (SO) submittal reviews and thirty (30) re-reviews. • Assist the City with responding to change orders, field orders, and RFls. Provide responses (in e-mail or memorandum/PDF format) to the City within five (5) working days and in accordance with the contract documents. Assume responses for up to ten (10) items. • Attend up to seven (7) construction progress meetings and/or construction site visits as requested by the City. • Prepare record drawings by incorporating "red-lined" changes, as documented and recorded by the contractor and/or construction manager, on the original drawings. Within six weeks of the receipt of the redlines, submit one set of original mylar record drawings and PDF file of all drawings. 3.0 Engineering Support during Start-up Phase The support services may encompass one or more of the following activities during the start-up of the Bypass Project. The services will be provided at City request on a time and materials basis up to the level of effort defined in the task budget: • Attend up to two (2) site visits and/or meetings as requested by the City to assist during system start-up. • Provide technical input during system start-up in response to City requests. Input will be in the form of phone calls, e-mail or brief memorandum responses. 4.0 Engineering Support during Trial Period The support services may encompass one or more of the following activities during a one-month long trial operational period of the Bypass Project. The services will be provided at City request on a time and materials basis up to the level of effort defined in the task budget: • Attend up to three (3) site visits and/or meetings as requested by the City to assist during trial operational period. • Provide technical input during trial operational period in response to City requests. Input will be in the form of phone calls, e-mail or brief memorandum responses. 5.0 Consultant Project Management during Bid & Construction Phases Provide project administration and coordination with subconsultants to monitor the support services. SCHEDULE The services will be performed on an as-needed basis in response to City requests. The services are generally anticipated to start around June 2021 and be completed by around April 2022. 2 of 4 3-9-21 148 of 151 April 20, 2021, Item #5ASSUMPTIONS • Receipt and transmission of documents will be through the ProCore software system. Consultant will be a user that is given access to the system. The system will be administered/managed by others. Any license or user fees required for use of the system by Consultant will be paid by the City or others. • Construction management, administration and inspection will be performed by the City. • In-plant inspection of the valve and pipe fabrication is not included. • City will engage a geotechnical engineer to perform observations and testing during grading operations. • City will pay all permit and review fees required by reviewing agencies (e.g. DOW). • The contractor will prepare and submit the Storm Water Pollution Prevention Plan (or Water Pollution Control Plan if that is the required approach). • The design of any shoring required for construction will be the responsibility of the contractor. • The contractor will prepare traffic control plans and acquire any necessary encroachment permits. • The City will handle public notifications, outreach, and any coordination needed with community groups. • City or contractor will provide construction staking. • In accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the Project, including safety of all persons and property. Consultant shall not have control over or charge of, and shall not be responsible for, construction means, methods, techniques, sequences, or procedures, as these are solely the responsibility of the construction contractor. Consultant shall not have the authority to stop or reject the work of the construction contractor. ANTICIPATED SUBMITTALS A list of anticipated submittals is provided below: Item Article Bypass Pipeline 1 Modular Block Retaining Wall 2 36" CM L&C Welded Steel Pipeline with Connection Details 3 42" Butterfly Valve with Manual Operator 4 36" Butterfly Valve with Manual Operator 5 30" Butterfly Valve with Manual Operator 6 24" Butterfly Valve with Manual Operator 7 42" Flexible Coupling 8 Concrete and Rebar at Effluent Pipe Concrete Gallery 9 3" Air Vacuum Valve 10 4" Blow Off 11 2" Manual Air Release Valve 12 Cathodic Protection 13 Fire Hydrant & Fire Dept Connection Tank Inflow/Outflow Pipeline 14 24" CML&C Welded Steel Pipeline 15 Concrete Pipe Protection Pad 3 of 4 3-9-21 149 of 151 April 20, 2021, Item #5Item Article 16 24" HDPE Pipeline -Pump Discharge to Tank Site 17 12'' HDPE Pipeline -Tank Inlets/Outlets 18 12" Check Valves 19 12" Butterfly Valves with manual operator Tanks and Appurtenances 20 Tank Foundation Excavation & Engineered Backfill 21 Tank Foundation Gravel Pad 22 Tank -Two Bolted Steel Tanks (each tank with 1.4 MG nominal capacity) 23 24" Ribbed HDPE -Overflow Piping 24 Overflow Pipe Anchor Blocks 25 Temporary Tank Site Security Fencing (8 ft high with concertina wire) Pump Station and Pressure Control System 26 Gunite 27 Concrete Pad 28 Asphalt Concrete 29 Aggregate Base 30 12" & 14" Butterfly Valve 31 12" Check Valve 32 14" Cla-Val with Controls 33 36" Steel CML&C Pipe Header 34 3" Combination Air Release Valve 35 1" Drain Assembly 36 1" Vent Assembly 37 Pipe Couplings 38 Vertical Turbine Pump (40 HP) and Pump Cans 39 14" Steel Sch 30 Epoxy Lined and Coated Pipe & Fittings 40 12" Steel Standard Wt. Epoxy Lined and Coated Pipe & Fittings 41 24" Steel Sch 20 Pipe Epoxy Lined and Coated Pipe & Fittings 42 Pressure Gauge Assemblies 43 Pipe Support -24 inch 44 Structural Steel Trusses for Pump Suction Cans and Piping 45 Pressure Sensor and Vault Modifications 46 Electrical/ Instrumentation 47 Security Equipment Bypass Overflow Facility 48 24" HDPE Pipeline -Overflow to Storm Drain 49 Air-Gap Outlet to Storm Drain so 12" Ribbed HDPE Storm Drain Realignment and Inlet Headwall 4 of 4 3-9-21 150 of 151 April 20, 2021, Item #5..a. u, ..a. 0 .... ..a. u, ..a. Task 1.0 2.0 3.0 4.0 5.0 Task/Subtask Description Bid Phase Support Attend pre-bid meeting Addenda {2) Respond to auestions Review/comment on bids Construction Phase Support Attend pre-construction meeting Submittal Reviews (50/30) RFls Attend construction meetings (7) Record Drawings Start-up Phase Support Attend meetings (2) Provide technical input Trial Operation Phase Support Attend meetings {3) Provide technical input Project Management during Bid/Construction Phases Project Management Task Subtotal -Hours Task Subtotal -Costs CITY OF POWAY -CLEARWELL BYPASS PROJECT ENGINEERING SERVICES DURING BID AND CONSTRUCTION PHASES INFRASTRUCTURE ENGINEERING CORPORATION -FEE ESTIMATE Senior Project Senior Project Senior Project Senior Project Engineer Ill/ Senior Designer Manager Manager Manager Engineer CAD Ill Designer D. Payne R. Weber A. Egense R. Kennedy D. Aruta C. Minerman $240.00 $240.00 $240.00 $180.00 $165.00 $180.00 2 2 2 2 8 4 8 8 2 4 4 4 4 2 2 2 2 2 8 8 72 54 24 4 4 4 16 16 8 14 14 14 2 4 8 8 16 2 8 8 2 8 8 4 12 2 12 2 8 16 8 16 56 38 88 140 106 so $13,440 $9,120 $21,120 $25,200 $17,490 $9,000 Subtask Subtask Total Direct Cost Subcontract Labor-Hours Labor Cost Cost $12,240 6 $1,320 $0 $0 $1,320 32 $6,480 $0 $0 $6,480 12 $2,640 $0 $0 $2,640 8 $1,800 $0 $0 $1,800 $78,013 6 $1,320 $0 $0 $1,320 166 $30,030 $0 $20,053 $50,083 52 $9,840 $0 $0 $9,840 42 $9,240 $450 $0 $9,690 38 $7,080 $0 $0 $7,080 $11,110 18 $3,840 $250 $0 $4,090 34 $7,020 $0 $0 $7,020 $11,170 14 $3,360 $250 $0 $3,610 34 $7,560 $0 $0 $7,560 $3,840 16 $3,840 $0 $0 $3,840 478 :::::>-<: ::::::>< --_>-<._ $95,370 $950 $20,053 $116,373 TOTAL ENGINEERING SUPPORT SERVICES $116,373 Page 1 of 1 3/9/2021 April 20, 2021, Item #6AGENDA REPORT CityofPoway DATE: TO: FROM: CONTACT: April 20, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Servicesfv\ Henry Trang, Senior Civil Engineer (858) 668-4602 or htrang@poway.org CITY COUNCIL SUBJECT: Award of Contract to Siemens Mobility, Inc. for the Traffic Signal Controller Upgrades project; Bid No. 21-011 Summary: This action will award a construction contract for the Traffic Signal Controller Upgrades project. The project will repair and upgrade the traffic signal infrastructure at the intersections of Scripps Poway Parkway & Community Road, Poway Road & Oak Knoll Road, and Pomerado Road & Oak Knoll Road. The equipment to be repaired or upgraded includes video detection cameras, detector loops, pull boxes, conduits, and cabinets. Recommended Action: It is recommended that the City Council award the contract for the Traffic Signal Controller Upgrades Project to Siemens Mobility, Inc., the lowest responsible and responsive bidder, in the amount of $234,950.00. Discussion: This project is part of an annual program to replace existing cabinets, controllers, conduit, wiring, and miscellaneous equipment as necessary to maintain uninterrupted operations of the City's traffic signals. For the FY2019-20 project, the improvements are proposed at the intersections of Scripps Poway Parkway & Community Road, Poway Road & Oak Knoll Road, and Pomerado Road & Oak Knoll Road. New wiring and video detection cameras will be installed at all three intersections. In addition, the cabinet at Poway Road and Oak Knoll Road that was previously struck by a vehicle will be replaced with a new one. The improvements will not alter the traffic operations at the three signals. The contract time for this project is 75 working days with an Engineer's Estimate of $200,000.00. Bids were opened on March 16, 2021. The following six bids were received: Company Total Bid Amount Siemens Mobility, Inc. $234,950.00 Blue Pacific Engineering & Construction $240, 131.25 HMS Construction, Inc. $265,000.00 Lekas Electric, Inc. $274,500.00 CTE, Inc. $295,000.00 DBX, Inc. $322,181.00 1 of 11 April 20, 2021, Item #6Environmental 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 replacement and/or repair of existing equipment. Fiscal Impact: Sufficient funding in the amount of $469,578.99 is available in the Traffic Signal Controller Upgrades project account (STR0012) for the award of this contract. Public Notification: None. Attachments: A Contract Reviewed/ Approved By: Assistant City Manager 2 of 11 Reviewed By: Alan Fenstermacher City Attorney City Manager April 20, 2021, Item #6SECTION 8 CONSTRUCTION CONTRACT CITY OF POWAY TRAFFIC SIGNAL CONTROLLER UPGRADES This Contract made and entered into this 21st day of April 2021, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Siemens Mobility, 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 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, 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: The project involves the installation of traffic signal upgrades at three different locations. The work will include but is not limited to the following: the various installation of video detection, detector loops, pull boxes, conduit, cabinets, and wiring, and all related and necessary work as defined in the contract documents. 4. 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. 3 of 11 ATTACHMENT A 1 April 20, 2021, Item #65. 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 $234,950.00 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 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 April 20, 2021, Item #6performed 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 April 20, 2021, Item #66 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 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. 4 April 20, 2021, Item #616. 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 April 20, 2021, Item #618. 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 inspection and acceptance notwithstanding any payments or other prior inspections. 8 of 11 6 April 20, 2021, Item #6Such 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 April 20, 2021, Item #631. 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 April 20, 2021, Item #6IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written. Contractor's Name: Print Name of Construction Company By: -----------Signature Print Name Contractor information: Address for Notices and Payments Telephone Number: ______ _ Email: ------------ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP Alan Fenstermacher, City Attorney CITY OF POWAY a Municipal Corporation Chris Hazeltine, City Manager END OF SECTION 11 of 11 9 April 20, 2021, Item #7DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway April 20, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services fJlt, Craig Ruiz, Economic Development Administrator (858) 668-4509, cruiz@poway.org CITY COUNCIL Conveyance of Real Property (APN 317-750-33) to the City of Poway from Sun Coast Homes, Inc. Sun Coast Homes, Inc. is the owner of a 4.22-acre parcel (APN 317-750-33) located within and adjacent to Poway Creek, on the north side of Soule Street, east of Carriage Road (Attachment A). Sun Coast Homes, Inc. (Sun Coast) wishes to donate the parcel to the City of Poway to be utilized for open space. Recommended Action: It is recommended that the City Council accept the offer of donation and authorize the City Manager to execute the Donation Agreement (Attachment B) in substantially the form as presented, and all other documents necessary to complete the transaction. Discussion: In the fall of 2020, City staff was contacted by Sun Coast regarding their desire to donate an undeveloped property located in and adjacent to Poway Creek. The property is located along the north side of Soule Street, east of Carriage Road. The property is zoned RR-C and is adjacent to another property owned by the City. Sun Coast wishes to donate the parcel to the City of Poway to be utilized for open space. The property contains a portion of Poway Creek (Attachment C). The City has conducted creek maintenance there for many years through an agreement with Sun Coast. On March 29, 2021, Sun Coast provided an offer letter with the terms for the donation (Attachment D). The transaction will be consummated through an escrow transaction at a company selected by Sun Coast, and Sun Coast will pay all recording charges, transfer taxes, escrow fees, and closing costs. The property contains a row of eucalyptus trees along the Soule Street right-of-way that had been over-grown for several years. As part of the agreement for the City to accept the property, the City 1 of 22 April 20, 2021, Item #7hired its landscape contractor to trim the trees to City standards. This was completed and Sun Coast will provide a credit to the City of $12,063.34 through escrow as a partial repayment for the tree trimming. Environmental Review: This matter is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 17 Categorical Exemption, pursuant to Section 15317 of the CEQA Guidelines, in that it involves the acquisition of land for the purposes of preserving the open space character of the area. Fiscal Impact: As noted above, Sun Coast will pay all costs of the escrow transaction. The City will receive $12,063.34 through escrow as a partial repayment of the cost for tree trimming. There will be future ongoing costs for the maintenance of the property included as part of the annual budget process for Council's consideration. Public Notification: None. Attachments: A. Location Map of the Subject Property B. Donation Agreement C. GIS image of the Subject Property D. Sun Coast Homes Inc., Offer Letter Reviewed/ Approved By: Assistant City Manager 2 of22 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chflllkz City Manager April 20, 2021, Item #7Roca Grande Dr r-r----,_;;;;.;.;.;;.;:...:::;.:_ "O a:: t-----+-----1 I ~ ~-----+--~~ ~ ~ ~ cu t---~--4 t5 ,_____,.. en t-----1 d:: _a, ..------t-t----r------f T= ~ r------t >. .::::: t---~---4 CU C ~ Q) Q) t----~ 3 of 22 ~ ~ §t----4 ~ ~ t---~--4~ u .,_~ r----~ Gak KnollRd, OS-RM ~ NORTH Subject City of Poway Zoning/ Location Map 0 125 250 ATTACHMENT A 500 Feet PC-7 OS-R April 20, 2021, Item #7BARGAIN SALE AND DONATION AGREEMENT THIS BARGAIN, SALE AND DONATION AGREEMENT (this "Agreement") is entered into as of April 20, 2021, by and between the CITY OF POWAY, a general law city and municipal corporation organized and existing under Constitution and the laws of the State of California (the "City"), and SUN COAST HOMES, INC. a California corporation (the "Donor"), for the pledged donation of certain real property, all as described below pursuant and subject to the terms and conditions set forth herein. RECITALS The following recitals are a substantive part of this Agreement: A. The City is a general law city and municipal corporation, organized and existing under the Constitution and the laws of the State of California and has the power and authority to acquire lands within the boundaries of the City. B. The Donor is the owner of approximately 4.22 acres of certain real property situated within the jurisdictional boundaries of the City (Assessors' Parcel Number ["APN"] 317-750-33), which is more particularly described in the Property Legal Description attached hereto as Exhibit "A" and incorporated herein, and depicted in the Map of Property and Each Parcel attached hereto as Exhibit "B" (the "Property"). C. The City desires to acquire land for purposes of open space, for the benefit of the public and the City. D. The Donor desires to make a charitable donation by conveying its entire interest in the Property, in fee simple, to the City. E. On the terms, conditions and provisions set forth in this Agreement, the City desires to accept Donor's pledge to donate the Property. F. The City is a general law city and municipal corporation in the State of California and is included in the list of organizations described in Section 1 70( c )(1) of the Internal Revenue Code of 1986, as amended, and the applicable regulations promulgated thereunder (the "Code"). G. Donor intends, without representation, warranty or guarantee by the City that the conveyance of the Property shall be considered a charitable contribution to the City under state and federal law; provided, however that Donor acknowledges that its conveyance of the Property is an integral and indispensable component of the City's agreement to enter into the transaction contemplated by this Agreement and that the City would not have entered into this Agreement without Donor's promise and pledge to convey the Property to the City, free of charge. NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, including, without limitation, the Donor's pledge to donate and convey the Property to the City as set forth in Section I hereof, the parties hereto agree as follows: 4of22 ATTACHMENT B April 20, 2021, Item #71. Pledge to Donate the Property. Subject to the terms, conditions and restrictions set forth in this Agreement, the Donor hereby pledges to donate the marketable fee simple interest in and title to the Property to the City. The Donor acknowledges and agrees that its donation of the Property is an integral and indispensable component of the City's agreement to enter into the transaction contemplated by this Agreement and that the City would not have entered into this Agreement without Donor's promise and pledge to donate Conveyance Parcel as set forth in this Section I. 1.1 Conveyance of the Property. Upon donation, Donor agrees to execute, acknowledge and cause to be recorded in the Official Records of San Diego County, California the Grant Deed, substantially in the form attached hereto as Exhibit "A" and incorporated herein. 2. Permission to Enter on Premises; As--Is Transaction. 2.1 City Right to Inspect Property. For the period ohime commencing on the date hereof and ending on May 7, 2021 ("Contingency Period"), the City shall have the right to conduct any and all non-destructive inspections, investigations, tests and studies with respect to the Property as the City may elect to make or maintain. The cost of any such inspections, tests and/or studies shall be borne by the City. Following any such tests or inspections, the City agrees to promptly return any portions of the Property damaged or altered by the City during such testsor inspections to substantially the same condition which existed prior to such tests or inspection. 2.2 Indemnification During Inspection. The City shall, to the extent permitted by law, indemnify, defend and hold Donor and the Property harmless from any and all claims, damages or liabilities arising out of or resulting from the entry onto or activities upon the Property by the City or the City's representatives or Ii ns arising from the City' due diligence review of the Property. 2.3 Contingency Period Notice of Approval. Prior to the expiration of the Contingency Period, the City shall deliver to Donor and Escrow Holder written notice ("Contingency Period Notice") of its approval or disapproval of the Property. The failure of the City to timely deliver the Contingency Period Notice shall be deemed to constitute the City's disapproval of the Property, and except as otherwise provided in this Agreement, Donor and the City will have no further obligations or rights to one another under this Agreement. If this Agreement is terminated pursuant to this subsection, the City shall deliver to Donor at no cost and without warranty as to correctness, copies of all reports, studies, maps and engineering studies that were generated by third parties for the City with respect to the Property, including, but not limited to, all environmental reports, surveys, marketing reports, geotechnical reports, lot studies and improvement plans. Prior to the expiration of the Contingency Period, the City shall have the right, at its sole discretion and for any reason, to terminate this Agreement, and neither party shall have any further obligations or rights to one another under this Agreement. 2.4 Disclaimer of Warranties; As-ls Transaction. Notwithstanding any other provision of this Agreement to the contrary, Donor makes no representation or warranty ( except as expressly set forth in Section 4 below) whatsoever regarding the Property, the physical condition of the Property, its past use, its compliance with laws (including, without limitation, laws governing environmental matters, zoning, and land use), or its suitability for the City's intended use. Donor has not conducted any investigation regarding the condition of the Property, and the Property will be sold and will be donated (as applicable) AS-IS, WHERE IS WITH ALL FAULTS, AND THERE IS NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE CONDITION OF THE PROPERTY OR RIGHTS ASSOCIATED WITH THE PROPERTY. The City hereby represents and warrants that the City is relying solely upon, and as of the expiration of the Contingency Period will 2 5 of 22 April 20, 2021, Item #7have conducted its own independent inspection, investigation, and analysis of the Property as it deems necessary or appropriate in so acquiring the Property from Donor including, without limitation, any and all matters concerning the condition, use, sale, development or suitability for development of the Property. Donor would not sell or donate the Property to the City without the foregoing provision. 3. Possession and Disposition of Personal Property. Donor shall, prior to the conveyance of the Property, remove or otherwise dispose of all personal property owned by the Donor which is located on respective parcel. All personal property owned by Donor remaining on parcel after the conveyance of such parcel shall become the property of the City and the City may dispose of same without liability as it alone sees fit, and the Donor shall be liable for the costs of removal which are incurred by the City. The City shall not be liable for any loss of or damage to the Donor's personal property remaining on the parcel subsequent to the conveyance of such parcel to the City, regardless of when such loss or damage occurs. 4. Warranties, Representations, and Covenants of Donor. Donor hereby warrants, represents, and/or covenants to the City that: 4.1 Pending Claims. To the best of Donor's knowledge, there are no actions, suits, claims, legal proceedings, or any other proceedings affecting the Property, or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. 4.2 Condition of Property. The Property is free and clear of any and all encumbrances, mechanics' liens or other claims and until each of the conveyances set forth herein, Donor shall perform all of its obligations under any service contracts or other contracts affecting the Property. 4.3 Donor's Title. Until the conveyance of the Property, Donor shall not do anything which would impair Donor's title to the Property. The Property is not occupied by a tenant, person or entity other than the Donor and no tenant, person or entity other than the Donor has a possessory interest in of such parcel. 4.4 Conflict with Other Obligations. To the best of the Donor's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, covenants, conditions and restrictions, or other agreement or instrument to which the Donor or the Property may be bound. 4.5 Change of Situation. Until the conveyance of the Property, Donor shall, upon learning of any fact or condition which would cause any of the warranties and representations in the section not to be true as of the conveyance of such parcel, promptly give written notice of such fact or condition to the City. 4.6 Authority. The Donor is the owner of and has the full right, power, and authority to sell, convey, and grant the Property as provided herein and to carry out Donor's obligations hereunder. 3 6 of22 April 20, 2021, Item #74.7 Bankruptcy. Neither Donor nor any related entity is the subject of a bankruptcy proceeding, and permission of a bankruptcy court is not necessary for Donor to be able to grant the Property as provided herein. 4.8 Governmental Compliance. Donor has not received any notice from any governmental agency or authority alleging that the Property is currently in violation of any law, ordinance, rule, regulation or requirement applicable to its use and operation. If any such notice or notices are received by Donor following the date this Agreement is signed by the City, Donor shall, within ten (10) days of receipt of such notice notify the City; Donor then, at its option, may either elect to perform the work or take the necessary corrective action not less than thirty (30) days prior to the conveyance of the Property or refuse to do so, in which case Donor shall notify the City of such refusal and the City shall be entitled to, at its sole discretion, either proceed with the applicable conveyance with knowledge of such notice(s) or terminate this Agreement. 4.9 No Occupants. Donor represents and warrants that there exist no occupants residing on any portion of the Property. 4.10 Enforceability. This Agreement and all documents required hereby to be executed by the Donor are and shall be valid, legally binding obligations of and enforceable against the Donor in accordance with their terms. The Donor hereby voluntarily and knowingly waives any and all right to defend against the enforcement of this Agreement and/or any document required hereby on the basis of an alleged lack or want of consideration. 5. Warranties, Representations, and Covenants of the City. The City hereby warrants, represents and/or covenants to Donor as follows: 5.1 City's Authority. The City has the legal right, power and authority to enter into this Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Agreement as provided herein and no other action by the City is requisite to the valid and binding execution, delivery and performance of this Agreement. The City shall provide Donor with reasonable documentation and evidence for such authority. 5.2 Enforceability. This Agreement and all documents required hereby to be executed by the City are and shall be valid, legally binding obligations of and enforceable against the City in accordance with their terms. 5.3 Conflicting Documents. Neither the execution and delivery of this Agreement and the documents and instruments referenced herein, nor the occurrence of the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement and the documents and instruments referenced herein conflict with or result in the materials breach of any terms, conditions or provisions of, or constitute a default under, any bond, note, or other evidence or indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which the City is a party. 5.4 No Broker. No broker, finder, investment banker or other person is entitled to any brokerage fee, finders' fee or other commission in connection with the transactions contemplated by this Agreement based upon contacts with the City or arrangements made by the City. 4 7 of22 April 20, 2021, Item #75.5 Acknowledgement of Donation. The City acknowledges that Donor intends to seek recognition by the Internal Revenue Service ("IRS") and any applicable State of a non-cash charitable contribution with respect to the Property in accordance with this Agreement, as more particularly described in Recital B above. The City covenants to reasonably cooperate with Donor with respect to such donation by completing the Noncash Charitable Donations Form (IRS Form 8283) and any corollary State form, and to complete related subsequent IRS and State forms, if any, as reasonably requested by Donor, the IRS, or the State with respect to such non-chase charitable contribution. This covenant shall survive the all conveyance and donation of property hereunder. The City shall not, however, be responsible for certifying the value of the Property, that being the sole responsibility of the Donor. The City makes no representation or warranty regarding whether or not this Agreement and the conveyance of the Property results in a federal or state tax deduction for Donor, or any other federal or state tax benefit in favor of Donor. 6. Pro rations. 6.1 Taxes/ Assessments. All non-delinquent real estate taxes and non-delinquent assessments on the Property shall be prorated as of 12:0 I a.m. on the date of conveyance based on the actual current tax bill, but if such tax bill has not yet been received by Donor by the date of conveyance, then the current year's taxes shall be deemed to be one hundred two percent( 102%) of the amount of the previous year's tax bill for the Property conveyed. All delinquent taxes and all delinquent assessments, interest and penalties, if any, on the Property conveyed shall be paid at the date of conveyance from funds accruing to Donor. 6.2 Other Expenses. All other expenses for the Property shall be prorated as of 12:01 a.m. on the day of the conveyance between the parties based upon the latest available information ("Conveyance Date") The Conveyance Date shall be the date that the Grant Deed (substantially in the form as attached hereto as Exhibit "A", is recorded in the County of San Diego Recorder's Office. 7. Hazardous Materials. Prior to the expiration of the Contingency Period, the City shall have the right, in its sole and absolute discretion, to disapprove the environmental condition of the Property and terminate this Agreement. 8. Waiver of Relocation Benefits. Donor fully waives and releases any right to any relocation benefits, assistance and/or payments under California Government Code section 7260, et seq., notwithstanding that such relocation assistance, benefits and/or payments may be otherwise required under said sections or other state or federal law; and further waives and releases any right to compensation for any interest in the Property including, but not limited to, land and improvements, fixtures, furniture, or equipment thereon, goodwill, severance damage, attorneys' fees or any other compensation of any nature whatsoever. 9. General Release. It is hereby intended that the release contained above relates to both known and unknown claims that the Donor may have, or claim to have, against the City with respect to the subject matter contained herein or the events relating thereto. By releasing and forever discharging claims both known and unknown which are related to or which arise under or in connection with, the items set out above, the Donor expressly waive any rights under California Civil Code Section 1542, which provides: 5 8 of22 April 20, 2021, Item #7"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HA VE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Donor Initials: ______ _ 10. Indemnification. Donor shall save, protect pay for, defend (with counsel acceptable to the City), indemnify and hold harmless the City, and its elected and appointed officials, officers, employees, attorneys, representatives, volunteers, contractors and agents ( collectively, "Indemnitees") from and against any and all liabilities, suits , actions , claims, demands, penalties, damages (including, without limitation, penalties, fines and monetary sanctions), losses, costs or expenses (including, without limitation, consultants' fees, investigation and laboratory fees, attorneys' fees and remedial and response costs and third-party claims or costs) (the foregoing are hereinafter collectively referred to as "Liabilities") that may now or in the future be incurred or suffered by Indemnitees by reason or resulting from, in connection with or arising in any manner whatsoever as a direct or indirect result of: (i) any Liabilities relating to any tenant(s)and/or other third party(ies) entitled or claiming to be entitled (whether or not such claim is meritorious) to receive relocation benefits, assistance and/or payments under California Government Code Section 7260, et seq. or applicable federal law, (ii) any unpaid real property tax as to the Property that is owed as of the date such parcel is conveyed to the City pursuant to Section3 of this Agreement, (iii) any and all Liability arising out of or relating to the federal and/or state tax obligations, implications or requirements of or with respect to Donor resulting from the conveyance of the Property to the City, (iv) and any third party challenge to the conveyance of the Property; provided, however, that the foregoing indemnity shall not apply to any Liabilities arising or occurring as a result of the gross negligence or willful acts or omissions of the City, 11. Closing Costs. Donor agrees to pay 100% of any escrow fees associated with the donation of the Property. Donor will obtain and shall pay all costs associated with a title ALT A insurance policy for the Property. 12. Attorneys' Fees. In the event any action is instituted between Donor and the City in connection with this Agreement, the prevailing party or parties shall be entitled to recover from the losing party or parties all of its costs and expenses, including court costs and reasonable expert and attorneys' fees, and all fees, costs and expenses incurred on any appeal or in collection of any judgment. 13. Notices. Any notice, request, demand, consent, approval or other communication required or permitted hereunder or by law shall be validly given or made only if in writing and delivered in person to an officer or duly authorized representative of the other party, or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid, or delivered through another reasonably acceptable method, and addressed to the party for whom intended, as follows: Ifto Donor: 9 of22 Sun Coast Homes, Inc., c/o Douglas Mott, Vice President 1943 Friendship Drive, Suite B El Cajon, CA 92020 6 April 20, 2021, Item #7Ifto City: City of Poway Attention: City Manager 13325 Civic Center Drive Poway, CA 92064 Any party may from time to time, by written notice to the other, designate a different address which shall be substituted for that specified above. If any notice or other document is sent by mail as aforesaid, the same shall be deemed fully delivered and received forty-eight ( 48) hours after mailing as provided above. 14. Default. Failure or delay by either party to perform any covenant, condition or provision of this Agreement within the time provided herein constitutes default under this Agreement. The injured party shall give written notice of default to the party in default, specifying the default complained of. The defaulting party shall immediately commence to cure such default and shall diligently complete such cure within thirty (30) days from the date of the notice or such longer period if the nature of the default is such that more than thirty (30) days is required to cure such default. The injured party shall have the right to terminate this Agreement by written notice to the other party in the event of a default which is not cured within the time set forth herein. No delay or omission of Donor or the City to exercise any right or remedy shall be construed as a waiver of any such right or remedy or of any default by the other party hereunder. 15. Counterparts. This Agreement may be executed in counterparts, each of which when executed shall, regardless of the date of its execution and delivery, be deemed an original, and all counterparts together shall constitute one and the same instrument. 16. Gender and Number. In this Agreement (unless the context requires otherwise), the masculine, feminine and neuter genders and the singular and the plural shall be deemed to include one another, as appropriate. 17. Entire Agreement. This Agreement and its exhibits constitute the entire agreement between the parties hereto pertaining to the subject matter hereat: and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein. 18. Captions. The captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions hereof. 19. Governing Law. This Agreement and the exhibits attached hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State and Federal courts located in the County of San Diego, State of California. 20. Invalidity of Provision. If any provision of this Agreement as applied to any party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or 7 10 of 22 April 20, 2021, Item #7unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole, 21. Amendments. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing by City and Donor. 22. Time of Essence. Time is of the essence of each provision of this Agreement. 23. Binding Upon Successors. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereof. 24. Ambiguities. Each party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. 25. Disclaimer of Warranties, Representations, and Covenants of City. Except as and to the extent otherwise expressly set forth in this Agreement, the City has made no warranties, representations and/or covenants to or for the benefit of the Donor, including, without limitation, any warranty, representation or covenant concerning the tax consequences of the transaction contemplated by this Agreement. 26. Specific Performance. The parties hereto recognize and agree that the obligations set forth in this Agreement are unique and are of such a nature as to be inherently difficult or impossible to value monetarily. Therefore, in the event of a breach of this Agreement by any party, at action at law for damages or other remedies at law would be inadequate to protect the unique rights and interests of the parties to this Agreement. Accordingly, in any controversy concerning the subject matter of this Agreement, its provisions will be enforceable in a court of equity by a decree of specific performance. This remedy is not exclusive and is in addition to any other remedy available to the parties. {Signatures on Following Page] 8 11 of 22 April 20, 2021, Item #712 of 22 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth herein above. DONOR: SUN COAST HOMES Inc. a California corporation By:------------Douglas Mott, Vice President CITY: CITY OF POWAY, a general law city and municipal corporation By: ___________ _ Chris Hazeltine, City Manager April 20, 2021, Item #713 of 22 EXHIBIT A PROPERTY LEGAL DESCRIPTION APN: 317-750-33-00 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 133 OF CASA REAL UNIT NO. 4, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 7722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 15, 1973. EXCEPT THEREFROM, ALL OILS, MINERALS, COALS, PETROLEUM, GAS AND KINDRED SUBSTANCESUNDER AND IN SAID LAND, BUT WITHOUT RIGHT OF ENTRY OF THE SURFACE THERETO, BUT WITH THE RIGHT, HOWEVER, TO DRILL IN THROUGH OR UNDER SAID LAND OR TO EXPLORE, DEVELOP OR TAKE ALL MINERALS, COALS, OILS, PETROLEUM, GAS AND OTHER KINDRED SUBSTANCES IN AND FROM SAID LAND, ALL SUCH OPERATIONS TO BE CONDUCTED ONLY BELOW A DEPTH OF 200 FEET BELOW THE SURFACE THEREOF, AS RESERVED IN THE DEED RECORDED JANUARY 5, 1989 AS INSTRUMENT NO. 89-6935 OF OFFICIAL RECORDS. April 20, 2021, Item #7Roca Grande Dr a Vista Way t-----11-------1 Oak Knoll d OS-RM A NOHT 14 of 22 EXHIBIT B MAP OF PROPERTY ... (/) -U) City of Poway Zoning/ Location Map 0 '125 250 500 Fee V) ~ OS-R MHP PC-7 April 20, 2021, Item #7EXHIBIT C CONVEYANCE PARCEL RECORDING REQUESTED 13Y, ) MAIL TAX STATEMENT TO ) AND WHEN RECORDED MAIL TO: ) ) City of Poway ) Attn: City Clerk ) 13325 Civic Center Drive ) Poway, CA 92064 ) This document is exempt from payment of a recording fee pursuant to Government Code Section 27383. GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, SUN COAST HOMES, INC., a California Corporation C1Donor"), hereby grants to, the CITY OF POWAY, a general law city and municipal corporation organized and existing under the Constitution and laws of the State of California (the "City"), the real property hereinafter referred to as the "the Property," described in Exhibit "A" attached hereto and incorporated herein, subject to (a) any lien to secure payment of real estate taxes and assessments; (b) the existing easements, restrictions and covenants of record described therein; ( c) all applicable laws, ordinances, rules and governmental regulations (including, but not limited to, those relative to building, zoning and land use) affecting the development, use, occupancy or enjoyment of the Conveyance Parcel; and (d) all matters which would be apparent from an inspection, or disclosed by the Survey. The Property is conveyed in accordance with and subject to the Bargain Sale and Donation Agreement entered into between the City and Donor dated 2021 ("Agreement"), acopy of which is on file with the Agency at its offices as a public record and which is incorporated herein by reference. 15 of 22 DONOR: SUN COAST HOMES Inc. a California corporation By:------------Douglas Mott, Vice President April 20, 2021, Item #7APPROVED AS TO FORM: By: __________ _ Alan B. Fenstermacher, City Attorney 16 of 22 CITY: CITY OF POWAY, a general law city and municipal corporation By: ___________ _ Chris Hazeltine, City Manager April 20, 2021, Item #7Exhibit "A" GRANT DEED 17 of 22 April 20, 2021, Item #718 of 22 PROPERTY LEGAL DESCRIPTION APN: 317-750-33-00 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 133 OF CASA REAL UNIT NO. 4, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 7722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 15, 1973. EXCEPT THEREFROM, ALL OILS, MINERALS, COALS, PETROLEUM, GAS AND KINDRED SUBSTANCESUNDER AND IN SAID LAND, BUT WITHOUT RIGHT OF ENTRY OF THE SURFACE THERETO, BUT WITH THE RIGHT, HOWEVER, TO DRILL IN THROUGH OR UNDER SAID LAND OR TO EXPLORE, DEVELOP OR TAKE ALL MINERALS, COALS, OILS, PETROLEUM, GAS AND OTHER KINDRED SUBSTANCES IN AND FROM SAID LAND, ALL SUCH OPERATIONS TO BE CONDUCTED ONLY BELOW A DEPTH OF 200 FEET BELOW THE SURFACE THEREOF, AS RESERVED IN THE DEED RECORDED JANUARY 5, 1989 AS INSTRUMENT NO. 89-6935 OF OFFICIAL RECORDS. April 20, 2021, Item #7CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property, Assessor's Parcel Number 317-750-338, conveyed by the Grant Deed dated December 18, 2020, from SUN COAST HOMES, INC., a California corporation to the CITY OF POWAY, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Poway pursuant to authority conferred by the City Council through Resolution No. 17-007 adopted on April 18, 2017, and the Buyer consents to recordation thereof by its duly authorized officer. Dated: 19 of 22 "BUYER" CITY OF POWAY, a municipal corporation By: ---------------Robert J. Manis, Director of Development Services April 20, 2021, Item #7Print Date: 4/9/2021 Map Provided by the City of Poway Disclaimer: Ma and arcel data are believed to be accurate but accurac is not uaranteed. This is not a le al document and should not be substituted for a title search a 20 of 22 ATTACHMENT C Map Scale: 1 inch = 292 feet raisal surve or for zonin verification. April 20, 2021, Item #7Sun Coast Homes, Inc. General Building Contractors Lie. 5801!6 (619j 448-3004 VIA EMAIL City of Poway ATTN: Bob Manis Director of Development Services Poway City Hall 13325 Civic Center Drive Poway, CA 92064 March 29, 2021 RE: Letter of Intent to Donate to City of Poway APN: 317-750-33-00 Lot 133 Soule St., Poway CA 92064 Dear Mr. Manis: 1943 Friendship Dr. Ste. B El Cajon, CA 92020 FAX (619) 448-5004 The purpose of this letter is to set forth the terms and conditions on which Sun Coast Homes, Inc., a California Corporation, is willing to donate to the City of Poway ("City") the real property referenced above ("Property"). Non-Binding Provisions This letter, if accepted by the City, will confirm the parties' mutual intent to enter into a definitive donation agreement (11Donation Agreement") with the following material terms and conditions: 21 of 22 1. Property. Undeveloped land known as Assessor Parcel Number 317-750-33-00 located in the City of Poway, California. 2. Due Diligence. The City's obligation to accept the donation of the Property will be subject to completion of the City's due diligence and approval of the Property, in its discretion, including soils conditions, environmental matters, title exceptions, zoning, use restrictions and other governmental issues, and similar matters, within 15 days after execution of a Donation Agreement ("Due Diligence Date"). 3. Donation Date. The donation of the Property to the City will occur on the earlier of 5 days after the Due Diligence Date or May 21, 2021 ("Closing Date11). ATTACHMENT D April 20, 2021, Item #7Sun Coast Homesz Inc. General Builtiing Contractors Lie. 580116 I 943 Friendship Dr. Ste. B El Cajon, CA 92020 FAX (619) 448-5004 (619) 448-3004 4. Title Insurance. The City accepting the donation will be contingent upon the City receiving an ALTA title insurance policy insuring City's ownership of the Property, subject to exceptions approved by the City and a customary survey exception. Sun Coast Homes, Inc. will pay the cost of the ALTA policy. 5. Escrow, Closing Costs and Pro-Rations. The donation transaction will be consummated through an escrow and title to be established at a company selected by Sun Coast Homes, Inc. Sun Coast Homes, Inc. will pay recording charges, transfer taxes, escrow fee, and closing costs. The Donation Agreement will provide for customary pro-rations, including rents and real estate taxes and assessments, if any. In order to help offset City costs, Sun Coast Homes, Inc. will provide a credit, through escrow, in the amount of $12,063.34. This letter is not intended to be a contract or a binding agreement for the donation of the Property. This letter is intended only as a statement of the present intentions of the parties. Neither party is obligated to proceed with a donation transaction, and neither party will become obligated unless and until a definitive Donation Agreement has been negotiated and executed by the parties. The parties also anticipate that the Donation Agreement will include other mutually acceptable terms and conditions, and the negotiations between the parties will include proposals for such additional terms and conditions. Each party acknowledges and understands that either party may terminate negotiations at any time, without any liability or obligation to the other party, and each party will bear its own attorneys' fees and other expenses incurred in connection with the proposed transaction. If the terms and conditions set forth above are acceptable to you, please sign this letter where indicated below, and return the original or a copy to us. We will then ask that the City prepare a draft Donation Agreement for our review. Respectfully, Sun Coast Homes, Inc., a California Car oration By: President 22 of 22 ACCEPTED: Dated: ______ _, 2021 City of Poway By: ____________ _ Name: _____________ _ Title: ___________ _ April 20, 2021, Item #8DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway April 20, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services-P,v\ Andrea Thomas, Associate Civil Engineer 11Lv (858) 668-4605 or athomas@poway.org C/1) v CITY COUNCIL Acceptance of the Sewer Line Repair Replace 14/15 (Pomerado Road/Stone Canyon Road) Project; Bid No. 18-020 with Scott Michael, Inc., as Complete On May 15, 2018, the City Council awarded the contract for the Sewer Line Repair Replace 14/15 (Pomerado Road/Stone Canyon Road) Project; Bid No. 18-020 to Scott Michael, Inc. in the amount of $543,626.00. This action will accept the project as complete. Recommended Action: It is recommended that the City Council: (1) Accept the Sewer Line Repair Replace 14/15 (Pomerado Road/Stone Canyon Road) 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 $44,182.90, if unencumbered, 45 days after City Council acceptance; (4) Release the Merchants Bonding Company for Material and Labor in the amount of $883,658.05 after the release of retention; and (5) Retain the Merchants Bonding Company Bond for Faithful Performance for a period of one year. Discussion: The Sewer Line Repair Replace 14/15 (Pomerado Road/Stone Canyon Road) Project was designed to replace a sewer main in Pomerado Road and abandon existing clay pipe due to age and vertical anomalies requiring frequent labor-intensive maintenance. A majority of the project scope is located within City of San Diego city limits and a Right-of-Way Permit was obtained from the City of San Diego for the project. The construction encountered unforeseen obstacles in the course of construction. An unmarked waterline, a mismarked telecommunications duct bank, and a series of subterranean boulders were discovered directly in the proposed path of the pipe installation. The pipe alignment was redesigned multiple times, yet construction continued to experience unforeseen conflicts. The project approach was deemed infeasible due to potential unforeseen conditions and staff sought 1 of 2 April 20, 2021, Item #8alternate solutions with less risk of encountering costly conflicts. There were four change orders for this project, resulting in a final contract amount of $883,658.05. Change Order No. 1 in the amount of $38,271.50 was approved to make repairs to the existing trench where an AT&T duct bank was discovered. Change Order No. 2 in the amount of $185,076.10 was approved to realign the sewer around the AT&T duct bank. Change Order No. 3 in the amount of $158,693.93 was approved to cover costs related to removal of a rock obstruction and delay charges. After processing the fir$.t three change orders, the project was re-evaluated. Construction on the project was halted, and Change Order No. 4 was approved to cover remaining delay costs and delete the unfinished portions of work. The change order credited the project in the amount of $42,009.48. Tasks from the final scope of work were completed in June 2020. Development Services staff have continued to work with Public Works staff to develop a resolution to the on-going maintenance issues in the existing clay sewer main. A construction change has been submitted to the City of San Diego to incorporate design changes that will repair the existing pipeline. Staff will be advertising the redesigned project for construction once the City of San Diego approves the construction change. Environmental Review: The matter of acceptance of public improvements that have been completed is not subject to the California Environmental Quality Act. Fiscal Impact: Sufficient funds are available in the Sewer Line Repair Replace 14/15 (Pomerado Road/Stone Canyon Road) (SWR0001 ). After the retention payment of $44,182.90, there will be an available balance of $369,102.58. Surplus funds will remain in the project account SWR0001, Fund 5200, for use on future sewer line replacement projects. Public Notification: None. Attachments: None. Reviewed/ Approved By: Assistant City Manager 2 of2 Reviewed By: Alan Fenstermacher City Attorney City Manager April 20, 2021, Item #9DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway April 20, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services 'f-AJl Andrea Thomas, Associate Civil Engineer (858) 668-4605 or athomas@poway.org CITY COUNCIL A Resolution Authorizing the Submittal of a Hazard Mitigation Grant Application and Appropriation of Matching Funds The City plans to apply for a grant to help fund repairs and improvements to a section of Rattlesnake Creek previously damaged by drought followed by heavy rains. City Council authorization by resolution is required for applications for grant funds from the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP). This funding would assist in the design and construction of improvements to the drainage channel along Kent Trail between Budwin Lane and Midland Road. Recommended Action: It is recommended that the City Council adopt a Resolution approving the submittal of an HMGP application, authorize the City Manager to submit a letter of commitment of matching funds in the amount up to $500,000 to meet the 25 percent local match required by application upon approval of the grant, and approve an appropriation of $500,000 in Drainage funds as the City's match. Discussion: On February 28, 2017, an emergency permit was requested from the United States Army Corps of Engineers after a sequence of heavy rain events generated erosive flow through a natural drainage channel along Kent Trail between Budwin Lane and Midland Road. This high flow caused structural failure of the banks resulting in a ruptured sewer line requiring immediate emergency repair. A subsequent study to investigate stability and potential future damage to the creek was completed in June of 2020. The findings from the study indicated restoration was the best long-term solution to preserve the drainage function, retain the diverse habitat, and protect the adjacent utilities. The Rattlesnake Creek improvements are proposed as a mitigation for the hazards potentially caused by another structural failure. If the banks fail, drainage flow would be blocked and cause upstream flooding. Channel modifications such as native plant restoration, erosion control structures, and 1 of 5 April 20, 2021, Item #9widening of the channel would be proposed to protect the form and function of this resource. Increasing capacity and altering the flow speeds will prevent destructive erosion which led to streambank failure requiring emergency repairs in 2017. The repairs to an exposed and damaged sewer line was permitted by the regulatory authorities as unforeseen at the time but is now a known risk if improvements are not undertaken. When a Federal Disaster Declaration is issued in the State of California, a percentage of dollars are set aside to provide funding for hazard mitigation projects through FEMA. These funds are administered by the California Governor's Office of Emergency Services (Cal OES) HMGP Unit. Cal OES, in conjunction with FEMA, provides financial assistance to local governments for mitigation of hazards within a community as part of a federal and/or state emergency declaration. In November 2020, Cal OES announced the opening of the HMGP made available by the Presidential Disaster Declaration DR-4569 for the California wildfires that occurred in 2020. This program provides funding from FEMA for hazard mitigation projects. FEMA's HMGP provides up to 75 percent of federal funding with the balance being matched by the local agency. The City filed a Notice of Interest (NOi), seeking a maximum of $2 million for the stabilization of Rattlesnake Creek. The FEMA HMGP Section 404 is a competitive program. Cal OES reviewed the submitted NOl's and invited the City to prepare a grant application to request funding for this project. The HMGP is a 75/25 cost share. If awarded, the City is required to fund 25 percent of the cost of the project. The application must be submitted by May 1, 2021. Grants are expected to be awarded by June 30, 2022. The application for the FEMA grant is currently being completed and coordination with Cal OES is ongoing. This application will be developed under Cal OES guidance in order to maximize the competitive advantage for award which ultimately is decided by FEMA. Previous grant applications submitted by the City have been awarded through this process. The project area will include improvements to Rattlesnake Creek along Kent Trail between Budwin Lane and Midland Road. Staff will return to City Council to accept the grant funding should the application be approved. Since grant funds are typically appropriated by the City and reimbursed by the grant source, staff will also request an appropriation of the grant funds at the same time as requesting acceptance of the grant. The full details of the project scope will be provided at that time. Environmental Review: This action to submit applications for grant funding is not subject to review under the California Environmental Quality Act (CEQA) guidelines. However, CEQA review must be completed for the project prior to acceptance of a FEMA grant. Fiscal Impact: Submitting the grant applications has no fiscal impact. However, should FEMA approve the HMGP grant, a 25 percent match, up to $500,000 will be required. Funds for the City's required match will be appropriated from the Drainage Fund (2310) upon award. Sufficient funds are currently available for the City's match. 2 of 5 April 20, 2021, Item #9Public Notification: None. Attachments: A. Resolution Authorizing the Submittal of a Hazard Mitigation Grant Application and Appropriation of Matching Funds Reviewed/Approved By: Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney App roved By: Ch<J?k? City Manager April 20, 2021, Item #9RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF A HAZARD MITIGATION GRANT APPLICATION AND APPROPRIATION OF MATCHING FUNDS WHEREAS, the Californian Governor's Office of Emergency Services (Cal OES) in conjunction with Federal Emergency Management Agency (FEMA) provides financial assistance to local governments for mitigation of hazards within a community as part of a federal and/or state emergency declaration; WHEREAS, in November 2020 Cal OES announced the opening of the Hazard Mitigation Grant Program (HMGP) made available by the Presidential Disaster Declaration DR-4569 for the California Wildfires that occurred in 2020. This program provides funding from FEMA for hazard mitigation projects. FEMA's HMGP provides up to 75 percent of federal funding with the balance being matched by the local agency; WHEREAS, on November 25, 2020, City staff submitted a Notice of Interest to Cal OES; WHEREAS, on January 13, 2021, City staff received notification from Cal OES that the proposed project was eligible for funding and was invited to submit a formal application; WHEREAS, in order for the City's HMGP application to be complete, the City must submit a letter committing to the local 25 percent match requirement, a complete scope of work, and a project schedule showing completion within 36-months of award; WHEREAS, City staff further recommends authorizing the City Manager as agent of the City for the purposes of submitting all the necessary documents for the HMGP application and to otherwise secure the funding; and WHEREAS, the City Council supports leveraging local public funds with Federal and State funds to address critical community needs and has therefore identified the Drainage Fund account as the source of funding for the local match should the City receive the grant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: City staff is hereby authorized and directed to submit an application for the HMGP for Rattlesnake Creek restoration and to commit funding up to the amount of $500,000 for the local match for Rattlesnake Creek restoration. SECTION 2: The City Manager is hereby designated as agent of the City for purposes of submitting the necessary documents for the HMGP application and to otherwise secure the funding. SECTION 3: The Finance Director or their designee is authorized to appropriate up to $500,000 from the Drainage Fund (2310) as the City match if the City is awarded the grant. 4 of 5 ATTACHMENT A April 20, 2021, Item #9Resolution No. 21-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of April, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALI Fl ED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 5 of 5 April 20, 2021, Item #10DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway April 20, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services f1Jl Andrea Thomas, Associate Civil Engineer (858) 668-4605 or athomas@poway.org CITY COUNCIL Approval of Consultant Agreement with The Engineering Partners, Inc. for Design Services for the Water Treatment Plant Electrical System Assessment; RFP No. 21-019 In February 2021, the Development Services Department issued a Request for Proposal (RFP No. 21-019) for design services for the Water Treatment Plant Electrical System Assessment. This action will approve the Consultant Agreement with The Engineering Partners, Inc (EPI) to provide analytical services for the project. Recommended Action: It is recommended that the City Council authorize the City Manager to execute the Agreement with EPI for design services for the Water Treatment Plant Electrical System Assessment per the outlined terms of the Consultant Agreement (Attachment A), with a not-to-exceed fee of $61,780. Discussion: In April 2014, the City hired a consultant to perform a comprehensive assessment of the water treatment facilities. The report did not specifically address the electrical systems in detail, resulting in the necessity for a separate assessment. This assessment is to be completed under the proposed agreement. The Development Services Department received three proposals for design services for the Water Treatment Plant Electrical System Assessment. The project scope includes electrical load calculations for plant operations, condition assessment of the electrical system, and a priority plan for replacement of electrical equipment. Specific alternatives for improvements to a backup generator are also included to enhance the emergency preparedness of the treatment plant. The information gathered will ultimately be delivered in a full report with findings and recommendations. After careful review of the proposals, staff determined that EPI was highly qualified and most cost effective to perform the design work required. Approval of this Consultant Agreement will provide professional services for the Water Treatment Plant Electrical System Assessment. 1 of 18 April 20, 2021, Item #10Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The consultant's fee will be based on the scope of work as outlined in the Agreement. The not-to-exceed fee of $61,780 for professional services will be the basis for this effort. Funds totaling $128,000.00 are available in the Water Treatment Plant Electrical System Assessment (WTR0031) project. Completion of this project will help ensure the sustainability and reliability of the water system. Public Notification: None. Attachments: A. Consultant Agreement Reviewed/ Approved By: Assistant City Manager 2 of 18 Reviewed By: Alan Fenstermacher City Attorney City Manager April 20, 2021, Item #10City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 21st day of April, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and ENGINEERING PARTNERS, INC. (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform an electrical system assessment and report for the Water Treatment Plant Electrical System Assessment Project (Project); and WHEREAS, Consultant is an electrical engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 3 of 18 ATTAC~MENT A April 20, 2021, Item #105. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of 18 2 April 20, 2021, Item #10"Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (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: ~ 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 5 of 18 3 April 20, 2021, Item #10years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 6 of 18 4 April 20, 2021, Item #10(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of 18 5 April 20, 2021, Item #10Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 8 of 18 6 April 20, 2021, Item #10Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 9 of 18 7 April 20, 2021, Item #10IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: -----------ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 10 of 18 ENGINEERING PARTNERS, INC. 8 By:------------Romeo Flores, P.E., President Date: ------------ April 20, 2021, Item #10A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the electrical system assessment services further described in the Scope of Services submitted with the proposals dated March 4, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated March 4, 2021, which are included in this document as Attachment 2. Total fee is not to exceed Sixty-One Thousand Seven Hundred Eighty Dollars ($61,780). Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall commence and be effective as of April 21, 2021 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 11 of 18 1 April 20, 2021, Item #10(b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 12 of 18 2 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 Engineering Partners, Inc. 10150 Meanley Drive, Suite 200 San Diego, CA 92131 April 20, 2021, Item #10Attachment 1 5. SCOPE OF WORK TASK 1 -Electrical Load Calculation for Operation of the WTP Engineering Partners, Inc. Proposal for RFP #21-019 Water Treatment Plant Electrical System Assessment for the City of Poway March 4, 2021 1. Provide a complete inventory of all electrical equipment for as-builting purposes. Results will be used to perform a total system analysis. Load calculations will include operational characteristics of the plant systems for both normal and emergency power situations based on system configuration and plant operator feedback. 2. Evaluate opportunities for demand load reduction and energy savings, if applicable. 3. Inspect all the plant electrical power distribution equipment and compile service demands inclusive of any temporary emergency equipment. 4. Identify current configuration of normal and emergency loads on generator. 5. Visit the WTP to investigate the facility electrical systems. All personnel including subcontractors will have appropriate PPE and will adhere to social distancing rules from all City staff. All visits will be coordinated and scheduled with City staff prior to arrival. TASK 2 -Equipment and System Condition Assessment 1. Assess existing electrical equipment for operational suitability and probable need for replacement or upgrades. Page13 EPI 13 of 18 April 20, 2021, Item #10Engineering Partners, Inc. Proposal for RFP #21-019 Water Treatment Plant Electrical System Assessment for the City of Poway March 4, 2021 2. Review switchboards, motor control centers (MCC}, panels, conduit, wire chases, wiring condition, breakers, and related infrastructure wi 11 be included to confirm systems meet current code and plant requirements. TASK 3 -Electrical Replacement Priority Plan 1. Develop a prioritized upgrade/modernization plan with emphasis given to items determined to be at their end of useful life, or items in need of upgrades to meet current/future requirements. 2. Provide a concept level estimate of probable construction cost with consideration for future inflation rate for deferred projects. TASK 4 -Size and Specification of Backup Generator 1. The existing backup generator is not currently configured to run the entire plant, and the City wishes to replace or reconfigure the existing generator to run the plant. Based on the results of Task 1, we will develop and provide to the City two alternatives of replacement generators and associated improvements if reconfiguration of the existing generator loads cannot handle the total operation of the plant. 2. The alternatives for increased generator sizing will include evaluation of physical size at present location or suggestions for possible new locations including cost opinion for construction and permitting. Concept level sketches will be developed and serve as basis to develop associated costs. TASK 5 -Report of Findings and Recommendations 1. We will compile a report with our assessment of existing conditions, findings and recommendations for modifications and repairs. Report will be complete with photos, drawings/sketches, calculations, collected record data, prioritized recommendations, order-of-magnitude costs, etc. 2. There will be two submittals for this report, draft and final. We will provide the City a draft of the report electronically for review and comments. Upon review, we will submit feedback with our response to comments and meet with the City for in person discussions. As appropriate, comments will be addressed in the final report. Deliverables for Final report will consist of five hard copies and one electronic format on USB or CD. To accomplish the five Tasks outlined above, we offer the following as our expanded timeline from the Notice to Proceed {NTP) to the Final Report deliverable date. (* target dates as specified in RFP) Page 14 14 of 18 Notice to Proceed Kickoff/Workshop Meeting Field Investigation Draft Report Development Draft Assessment Report Submission Draft Assessment City Review Draft Assessment Review Meeting Final Report Development Final Assessment Report Submission (Wed} April 21, 2021 * (Thu)April2~2021 {Mon) April 26, 2021 thru (Fri) May 7, 2021 (Mon) May 10, 2021 thru {Wed) June 30, 2021 (Thu) July 1, 2021 * (Fri) July 2, 2021 thru (Fri) July 9, 2021 (Mon) July 12, 2021 (Tue) July 13, 2021 thru {Wed) August 18, 2021 {Thu} August 19, 2021 * EPI April 20, 2021, Item #10March 4, 2021 City of Poway Development Services Department 13325 Civic Center Drive Poway, CA 92064 Attachment 2 THE ENGINEERING PARTNERS, LVC CONSULTING ENGINEERS 10150 MEANLEY DRIVE, SUITE 200 SAN DIEGO, CA 92131 (858) 824-1761 FAX (858) 824-1768 Attn: Andrea Thomas, Associate Civil Engineer RE: Water Treatment Plant Electrical System Assessment City of Poway Dear Ms. Thomas: Following is our proposed fees and our associated rate schedule. Water Treatment Plant Electrical System Assessment Project Staff Decription/Task Principal Manager Engineer Drafter Typist Hourly Rate $200 $190 $140 $90 $70 Meetings 16 Field Investigation 40 40 Record Collection and Reviews 16 Cost Development 16 Draft Report 2 40 80 8 4 Final Report 1 24 40 4 2 Subcontractor Electricians (Lump Sum) Total 15 of 18 Total $3,040 $13,200 $2,240 $2,240 $20,200 $10,860 $10,000 $61,780 April 20, 2021, Item #10EXHIBIT "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 18 (!)Notwithstanding subdivision ( c ), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 1 April 20, 2021, Item #10Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 17 of 18 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 2 April 20, 2021, Item #10Cal Gov Code § 7522.56 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 .ch 528 § 11 (SB 13). effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 18 of 18 3 April 20, 2021, Item #11AGENDA REPORT CityofPoway DATE: TO: FROM: CONTACT: April 20, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services .p1\ Brian Banzuelo, Associate Civil Engineer (858) 668-4623 or bbanzuelo@poway.org CITY COUNCIL SUBJECT: Acceptance of the 2019-20 Corrugated Metal Pipe Annual Repair/Replace Project; Bid No. 20-012 with Tri-Group Construction and Development, Inc., as Complete Summary: On July 21, 2020, the City Council awarded the contract for the 2019-20 Corrugated Metal Pipe Annual Repair/Replace Project; Bid No. 20-012, to Tri-Group Construction and Development, Inc., in the amount of $396,430.00. This action will accept the project as complete. Recommended Action: It is recommended that the City Council: (1) Accept the 2019-20 Corrugated Metal Pipe Annual Repair/Replace 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 $23,659.47, if unencumbered, 45 days after City Council acceptance; (4) Release the North American Specialty Insurance Company Bond for Material and Labor in the amount of $396,430.00 after the release of retention; and (5) Retain the North American Specialty Insurance Company Bond for Faithful Performance for a period of one year. Discussion: This project repaired Corrugated Metal Pipe (CMP) storm drains and storm drain structures at the following six locations: 1) Poway Road between Ridgedale Drive and Silver Lake Drive 2) Espola Road north of El Dolora Way 3) Belvedere Drive west of Tierra Bonita Road 4) Donart Drive east of Tierra Bonita Road 5) Wanesta Drive south of Arikara Drive 6) Indian Trail Road east of Bennye Lee Drive 1 of 2 April 20, 2021, Item #11There was one change order for this project which increased the contract amount by $76,759.41. This change order included rock removal, additional storm drain lining, additional asphalt installation, and the repair of a sinkhole adjacent to Bowdoin Road. The final contract amount is $473,189.41. Environmental Review: The matter of acceptance of public improvements that have been completed is not subject to the California Environmental Quality Act. Fiscal Impact: Sufficient funds are available in the Corrugated Metal Pipe Rep I/Repair project account (DRN0001) for the release of retention. Funds remaining in the project at year end will be returned to the Drainage Fund for use on future projects. Public Notification: None. Attachments: None. Reviewed/Approved By: Assistant City Manager 2 of 2 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager April 20, 2021, Item #12DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway April 20, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services fot/l, Austin Silva, Senior Planner Po' 858-668-4658/asilva@poway.org CITY COUNCIL Minor Conditional Use Permit 21-001, a request to add lighting to a tennis court at a single-family residence located at 18773 Heritage Drive Minor Conditional Use Permit (MCUP) 21-001 is a proposal to add eight lights to a tennis court at a single-family residence at 18773 Heritage Drive in the Rural Residential - A (RR-A) zone. The project has been designed to comply with City standards for recreational courts. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: The 8.49-acre property is located at 18773 Heritage Drive. The site is zoned RR-A as shown in the zoning/location map (Attachment B). Custom single-family homes are located to the east and south, and a 165.9-acre City-owned parcel containing natural habitat border the north and west sides of the parcel. Minor Development Review Application (MORA) 20-015 was approved in January 2021 allowing for the construction of a 9,433 square-foot single-family residence with an attached 1,080 square-foot garage. Grading and building permits for the home along with a 1,000 square-foot accessory dwelling unit (ADU) have been submitted and are currently under review. A biological conservation easement (BCE) encompasses a majority of the lot west of the home and tennis court. The tennis court is located on a level pad on the west side of the home and is adjacent to a slope on the west that rises approximately 40 feet above the elevation of the tennis court as shown on the site plan (Attachment C). The same slope wraps around the tennis court on the south and rises approximately 20 feet in elevation above the tennis court. The home and ADU will mostly block the view of the tennis court from the house to the east across Heritage Drive. Landscape and fencing will mostly block the view of the tennis court from the adjacent house to the south. 1 of 10 April 20, 2021, Item #12The MCUP consists of a request to add eight lights on 18-foot high poles at the tennis court. Chapter 17.30 of the Poway Municipal Code (PMC) contains a provision whereby lights can be installed on a recreational court with the approval of a MCUP and subject to meeting various PMC standards to address compatibility with the surrounding neighborhood. Consistent with PMC requirements, the lights will be attached to poles, which may not exceed 18 feet in height. The lights will be shielded and directed downward toward the court, away from surrounding properties and habitat. A four-foot high vinyl coated chain-link fence will be installed on top of a six-foot tall retaining wall along the south and west sides of the tennis court with landscaping on the south side of the fence to screen it. Additionally, trees will be planted further south up the slope to screen the lighting from the nearby single-family homes to the south and east. A 10-foot high fence will be located on the east and north sides of the court that will be screened by landscaped slopes and the placement of the main residence and ADU. Additional PMC standards and conditions of approval require that the lights only be used between the hours of 7 a.m. and 10 p.m. and that timers be installed to ensure that the lights turn off automatically at 10 p.m. The visibility of the tennis court lighting from the surrounding area will be limited because the varying topography, landscaping, and the main residence obscure the view into the rear yard from Heritage Drive and nearby single-family residences across the street to the east and to the adjacent south. The wildlife in the area will not be significantly affected by the project because spillover of the light into the nearby native habitat within the BCE will be minimal due to the topography of the site and shields on the light fixtures. The findings required to support the approval of MCUP 21-001 pursuant to PMC Section 17.48.070 can be made based on the fact that the project has been designed to comply with City standards for lighted recreational courts. Neighborhood Meeting A virtual neighborhood meeting was held through Zoom on March 23, 2021 to discuss the proposal with area property owners. A meeting notice was sent to property owners and occupants within 500-feet of the project site. The meeting was also posted on the City's website and emailed to people who have registered to receive emails on the "Notify Me" list for the Development Services Department. Two property owners who received mailed notices could not access the virtual meeting, but followed up with a phone call to staff and expressed their concerns over screening the fencing and lighting. As mentioned in the previous section, the fence and lights will be screened with landscaping. Environmental Review: The proposed project is Categorically Exempt as a Class 3 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15303(e) of the CEQA Guidelines, in that the project proposes the construction of accessory structures/equipment on an existing single-family residential property. Fiscal Impact: None. 2 of 10 April 20, 2021, Item #12Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on April 8, 2021. A public notice was mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. Proposed Site Plan Reviewed/Approved By: Assistant City Manager 3 of 10 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch6P City Manager April 20, 2021, Item #12RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT 21-001 ASSESSOR'S PARCEL NUMBER 277-220-24 WHEREAS, Minor Conditional Use Permit (MCUP) 21-001 was submitted by John Jensen, Applicant, and Michele Lamie, Owner, for a proposal to install eight lights to a tennis court at a single-family residence located at 18773 Heritage Drive, in the Rural Residential A (RR-A) zone; WHEREAS, on April 20, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; WHEREAS, the site plan for this MCUP request included in the agenda report are incorporated herein as Exhibit A; and WHEREAS, the City Council has read and considered the agenda report for the proposed revisions to the project and has considered other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The proposed project is Categorically Exempt as a Class 3 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15303(e) of the CEQA Guidelines, in that the project proposes the construction of accessory structures/equipment on an existing single-family residential property. SECTION 2: The findings, pursuant to Section 17.48.070 of the Poway Municipal Code (PMC), to approve MCUP 21-001 to allow the installation of eight lights to a tennis court, are made as follows: A. The location, size, design and operating characteristics of the proposed use are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permits Regulations), the General Plan, and the development policies and standards of the City in that the design of the proposed recreational court lighting will meet the required lighting type, height limit and operating hours, and will otherwise comply with all of the relevant codes and standards of the City of Poway. B. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources. The main residence, accessory dwelling unit (ADU) and topography of the property will shield the view of the lights from adjacent homes to the south and east, and the habitat area to the west and north in accordance with the Poway Subarea Habitat Conservation Plan. A four-foot high vinyl coated chain-link fence will be installed on top of a six-foot tall retaining wall along the south side of the tennis court with landscaping on the south side of the fence to screen it. Trees will be planted further south up the slope to screen the lighting from the nearby single-family homes. Furthermore, court light use is prohibited between the hours of 1 O p.m. and 7 a.m. 4 of 10 ATTACHMENT A April 20, 2021, Item #12Resolution No. 21-Page 2 C. The proposed eight lights comply with the maximum of eight lights allowed by the PMC for a recreational court and the lights would comply with the 18-foot maximum height limit. Therefore, the harmony in scale, bulk, coverage, and density of the project is consistent with adjacent uses. D. There are adequate public facilities, services and utilities available at the subject site to serve the proposed use. E. The proposed lighting will be directed downward toward the court boundaries with the use of shields and will be screened by topography, the main residence, ADU, and landscaping to reduce visibility of the lights from the surrounding properties. Therefore, there will not be a harmful effect upon desirable neighborhood characteristics. F. Installing the court lights will result in a temporary increase in traffic from construction related vehicles. This generation of traffic, however, will be minor and will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan. G. The site is suitable for the type and intensity of use or development that is proposed in that a lighted recreational court is an accessory use that is permitted in a residential zone with the approval of a MCUP. The proposed lighting will be shielded and directed to shine downward within the court boundaries and topography, landscaping and the placement of structures will reduce the visibility of the lights from the surrounding properties. H. There will not be significant harmful effects upon environmental quality and natural resources in that the project is limited to installing lights along a tennis court on the parcel. Landscaping will be installed along the perimeter court fence to reduce light impacts to nearby residential homes and native habitat. Therefore, there will be no significant harmful effects upon environmental quality and natural resources. I. There are no relevant negative impacts of the proposed use that cannot be mitigated. J. A lighted recreational court is an allowable accessory use in the RR-A zone with the approval of a MCUP. Therefore, the impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan. K. That the proposed minor conditional use will comply with each of the applicable provisions of this title. SECTION 3: The City Council hereby approves MCUP 21-001, as shown on the site plan incorporated herein by reference and stamped as "Exhibit A" and dated April 20, 2021 on file in the Development Services Department, except as noted herein, subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, 5 of 10 April 20, 2021, Item #12Resolution No. 21-Page 3 void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B. Approval of this MCUP request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. C. Within 30 days of the date of this approval, and before the issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant, the applicant must first submit a legal description of the subject site. D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. E. The conditions of MCUP 21-001 shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. F. MCUP 21-001 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. G. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required. H. The applicant shall obtain an Electrical Permit for the proposed recreational court lighting and a Building Permit for the lighting structures (i.e. light poles). Prior to issuance of a Building or Electrical Permit, the applicant shall comply with the following: 6 of 10 1. The building plans shall clearly show and identify how the project complies with the following requirements: a. The maximum height of the fence shall not exceed 10 feet. b. The light poles shall not exceed 18 feet in height. Lighting fixtures shall be as required by Chapter 17.30 PMC. Metal halide lighting is prohibited. c. The maximum number of lights on the court shall not exceed eight. d. The surface area of the recreational court shall be designed, painted, colored and/or textured to reduce the reflection of light. This requirement shall be noted on the plans and the proposed court color shall be noted. e. Pursuant to PMC 17.30.020.E, the fencing, support posts, light poles, and fixtures shall be painted a dark non-reflective color so as to reduce their overall April 20, 2021, Item #12Resolution No. 21-Page 4 visibility. Vinyl-coated chain link fencing with fence and light poles painted to match is acceptable. This requirement shall be noted on the plans and the proposed paint color shall also be noted. f. Pursuant to PMC 17.30.020.C, the applicant shall submit a lighting plan that reflects that the lighting will be shielded from the adjacent properties, to the satisfaction of the Director of Development Services. The plans shall show the lights designed, constructed, mounted and maintained such that the light source is cut off when viewed from any point above five feet measured at 10-feet from the edge of the court, and such that the maximum illumination intensity measured at the limits of the property line shall not exceed one-half foot-candle above ambient light levels. Lights shall not shine into adjacent Biological Conservation Easements. g. The building plans shall depict and note, to the satisfaction of the Director of Development Services, that the lighting will be on a timer of limited duration, and that they will automatically shut off from 10:00 p.m. to 7 a.m. h. Light fixtures are restricted to 1,000-watt high-pressure sodium, narrow spectrum amber light emitting diode (LED) which does not exceed a correlated color temperature (CCT) of 3,000 Kelvin or other similar directional energy efficient light. 2. The landscape plan for the subject property shall include landscaping to obscure the view of the light poles and sources as seen from the single-family residence to the east and to block light from shining into the Biological Conservation Easement areas. All required landscaping must comply with Section Six of the City of Poway Landscape and Irrigation Design Manual as it relates to fuel management and defensible space. If the landscape plan was approved prior to the date of this MCUP approval, the plans shall be modified to meet the above requirements I. Prior to final inspection approval: 1. Written certification shall be provided from a qualified lighting installation contractor that: a. All lights and light fixtures have been designed, constructed, and mounted such that the light source is cut off when viewed from any point above five feet measured at 10-feet from the edge of the court. b. All lights and light fixtures have been designed, constructed, mounted, and light shields installed such that the maximum illumination intensity measured at the property line does not exceed one-half foot-candle above ambient light levels. 2. The required landscape and irrigation materials on the approved Landscape and Irrigation Plan shall be installed along the recreational court fence and inspected. J. Upon establishment of the proposed use, pursuant to MCUP 21-001, the following shall apply: 7 of 10 1. In accordance with PMC 17.30.020.C.3, the recreational court lighting shall be used only between 7:00 a.m. and 10:00 p.m., and an automatic timer shall be programmed to automatically shut the lights off at 10:00 p.m. 2. Required court landscaping shall be maintained in a healthy and thriving condition. April 20, 2021, Item #12Resolution No. 21-Page 5 3. The light standards are limited in number, size, height, and light shields, which shall meet the requirements for shielding the light fixtures. The maximum height of lights shall not exceed 18 feet from grade. Lighting fixtures shall be maintained pursuant to PMC 17.30.020.G, to the satisfaction of the Director of Development Services. 4. The fencing and associated opaque mesh shall be maintained to screen the view of the light from residences to the north and east and to shield light from extending into nearby native habitat to the satisfaction of the Director of Development Services. SECTION 4: The approval of MCUP 21-001 shall expire on April 20, 2023, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the MCUP approval has commenced prior to its expiration. SECTION 5: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of April, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 8 of 10 April 20, 2021, Item #129 of 10 ~---.---------0S-RM City of Poway Zoning/ Location Map Item: MCUP21-001 A. NORTH 0 12~50 500 1--i Feet ATTACHMENT B April 20, 2021, Item #12..... 0 0 .... ..... 0 )> -I -I )> n :J: s: m z -I n I i AACHITECT; JOHN P, JENSEN ARCHITECT NO. CHl680 1)0S.CEOROSr220 SOLANA BEACH, CA. 921:175 OfFICE:(e.5eJ75&-252tl CELL:(61il)ISM-M4! J.l,trn«l@johnjenHnanMect GENERAL CONTRACTOR: GREGAGEf GRE.G AGEE HOMES 130 S. CEOROS AVE. #200 S01..>.NA. &EACH, CA 92075 OFFICE: 854-75&-7~25 fJ,,)(,;,85&-758-7•26 111~-.oom PROJECT TEAM STRUCTURAL ENGINEERING: OUALLS ENGINEERING 8RlAN H. OUAL.LS, PRINCIPAL STRUCl\JRAI. ENGINEERING SERVICES "403 MANCHESTER A\l'E, SUITE 203 ENCINITAS, CA m:u T;{760)652·9257EXTJ02 WWW.OUALLSENG.COM CIVIL ENGINEERING: PASCO LARf.T SUITER &...SSOCLA.TES Mic:tlaolH.Smllrl,RCE SeolorProj«tM.-iagar 535 N. HIGH'NAY 101, STE A SOlANA BEACH. CA 92075 PH:e.5e.259.11212X110 FX:Ma.259.4312 muni~ing.mm ENERGY CONSUlTANT: TECHNICAL ENERGY 8RlAN HAAS£N. Roa-09-1!27 QleGOl.DFINCHST SAN DIEGO, CA. 92103 P:t~1,n-2G&O b/lanwnfflwdalnc:.Qlffl SHEET INDEX II SCOPE OF WORK I i nnE ll "'"""'"ORYSINQ.EfNIUCY,rutlG,WIATT"'1£0 I ARCHITECTURAL GN!AGE,A.D.U.W/ATTOIED~.F!REJI\ACES. COVEREDPORCH.lPATIO~F'EHCES, POOLEOUP. ,.,1 1·-n.r:IITT!l'!..Ol,I EHCI.CSURE&TENNSSCOURT, :1<1r-r4'tAITIMITDTVIIOIICl.rvATO.S Jtir-r.a--TNI SOIJTWC(f(JIIIOll.n.tVATIONS l.ANDSf~e_E VICINITY MAP i :.·- POBOX1!103 W<OSCAPSARCHOTICCT, II "' 1•·-~~~~ II AHLESLANOSCAPEARCHITT;CT 1-· ~w~L.~=~==~~--------1- ~! .. .,...,;,.,-/,. \.>::. RANCHO SANTA FE .... ,....., --· \ -\. -'.:; ~.,,('"/ '.(. .. /- PROJECT DATA OWNER: MICHELE LAMIE P.O.BOXJ887 RANCHO SANTA FE. CA 92087 SITEADORESS: 1emHERJTAGEDR. POWAY,CA92064 A.P.N.:277-22().2'-00 OCCUPANCY; R-:1 ZON!NG;RR.,,_ LEGAL DESCRIPTION; TR U3U LOT 24 TYPE OF CONSTRUCTION: V-6 TYPE OF FIRE SPRINl<l£RS: NFPA130 HOUSE LIVING AREA: HOUSE ATTACHED GARAGE AAfA: CO\IERED OUTDOOR AREA: A.O.U.LMNGAAEA: A.0.U.GAAAGEAREA: TOTAL FOOTI"RINT AAEA: L __ _ -------.. --~--~-/ ----------~,?~-......... ----,,~,, '~,, \ \/ h"' ---------::_:._--- - --',, ' \ I // v _, // -----------r-::-::-_-:. ________ \------=:-::-.:-:----', +~Y' X / / r~·--I --------------------------------------~-.. ',,,._-.. -~~,, ''< ,.. ' \ / '-' / / ----\ ,,-,;.;_ -· .... ,, ' \ / /2>' / / / ' / -·-•,' ' / , / / / \ / -----·· ----,.. r-·••m> ,,,, \ \ / ,,< / ✓ / / ' .: :,.. ·' .. -.... ' ,,,,....... ·-.•, ' ,>y / ,1/ / ' ·:::..., ............ _ .. :: . .. 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I ~1 I / /_·.,~-... y~ / w.lNTM,1(0 ~~,_.TY DOSTO,SCMII. ·-- srwt:;:;,,.HOL.f./// / /' / 0/ /' ....,_ / , .. _ / ~ . . w u z w Cl ;; w ~ w !;~ -h• :!: ~~$ .... %>~ ""~i'!" ..I -~1 ~!~E PLAN ~1 A-11 April 20, 2021, Item #13DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway April 20, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services~ Robert Manis, Director of Development Services (858) 668-4601 or bmanis@poway.org CITY COUNCIL Specific Plan Amendment 21-001, an Amendment to the Poway Road Specific Plan to allow Thrift Stores as a Conditional Use in the Commercial Office and Mixed Use Land Use Districts and Antique Shops and Consignment Stores in the Mixed Use Land Use District The Poway Road Specific Plan (PRSP) was adopted by the City Council on December 5, 2017. The Plan, as adopted, allows thrift stores with a Conditional Use Permit (CUP) in two of the five land use districts in the PRSP area, while prohibiting them in the other three districts. The proposed Specific Plan Amendment would add thrift stores as an allowed use with a CUP in two additional land use districts: Commercial Office and Mixed Use. The proposed amendment would also add antique shops and consignment stores as a permitted use in the Mixed Use land use district. Recommended Action: It is recommended that the City Council take public input, close the public hearing, and introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption for May 4, 2021. Discussion: The PRSP was adopted to help revitalize Poway Road, the main commercial corridor through Poway. With the PRSP, land uses and zoning regulations were revisited and modified to encourage desired types of developments, both commercial and residential. Regulations were also adopted to eliminate certain undesirable uses or limit them to certain areas. The goal was to provide land use and zoning regulations for the Poway Road corridor that would result in a mix of residential, commercial, and service uses and create vibrant street activity in some areas while providing commercial and employment opportunities in other areas. Preparation of the PRSP included several meetings with an Ad-Hoc Committee made up of various interests in the community. One of the issues raised during those meetings was the existence of 1 of 9 April 20, 2021, Item #13numerous thrift stores and the image this created. Rather than ban these from Poway Road, they were limited to the more general commercial land use districts and prohibited in the more dense, pedestrian-oriented districts. The PRSP is divided up into five land use districts. These are illustrated in Figure 3-1 of the PRSP (Attachment B). Currently, thrift stores are allowed with a CUP in the Commercial General (CG) and Automotive/ General Commercial (A/GC) land use districts. They are prohibited in the Commercial Office (CO}, Mixed Use (MU) and Town Center (TC) land use districts. Similarly, antique shops and consignment stores are allowed by right in the CG, A/GC and CO land use districts and prohibited in the MU and TC districts. On February 2, 2021, the City Council considered a request from Councilmember Frank to direct staff to amend the PRSP to allow thrift stores with a CUP in the MU and TC land use districts (Attachment C). After discussion, the City Council directed staff to pursue an amendment to the PRSP to allow thrift stores in the CO land use district with a CUP. During evaluation of the specific plan amendment, it was observed that all areas with the CG land use designation (where thrift stores are allowed with a CUP) are adjacent to the areas with the MU land use designation. Because of this adjacency, it would be acceptable to allow thrift stores also in the MU land use district with a CUP. Additionally, several areas that are now in the MU land use district previously had zoning that allowed thrift stores. The MU land use district is intended to provide a mix of retail and residential uses, so thrift stores could fit in with this goal. For these reasons, the proposed amendment to the PRSP adds thrift stores as an allowed use in the CO and MU land use districts, subject to the approval of a CUP. The CUP will allow the City to address issues associated with thrift stores that have historically needed to be regulated such as donation drop off locations, outdoor storage and display, and signage. Antique shops and consignment stores are other forms of retail establishments that sell secondhand merchandise. These differ from thrift stores primarily in the quality of merchandise sold and the manner in which it is received. Antique shops and consignment stores are permitted by right (do not require a CUP) in the CG, AG/C and CO land use districts. The proposed amendment to the PRSP adds antique shops and consignment stores as permitted uses in the MU land use district. With the proposed amendment to the PRSP, thrift stores, antique shops and consignment stores will all be allowed in the same land use districts except that thrift stores will require a CUP while antique shops and consignment stores will be allowed by right. None of these secondhand merchandise retail establishments will be allowed in the TC land use district. The proposed amendment will modify Table 3-1 Land Uses and Permit Requirements, in the PRSP. The modified page of Table 3-1 is provided as Attachment D. Environmental Review: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the adoption of the PRSP and was certified on December 5, 2017. The PRSP EIR analyzed the potential impacts of the proposed build-out of the Poway Road Corridor in the manner permitted by the Specific Plan. The proposed SPA is consistent with the PRSP and conforms with the requirements, development standards and guidelines therein and, therefore, no further environmental analysis is required because the project's impacts have already been adequately analyzed and are fully covered by the previously certified EIR. Additionally, there are no significant changes proposed that would require subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. 2 of 9 April 20, 2021, Item #13Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, April 8, 2021. A public notice was mailed to property owners and occupants located inside the boundary of the PRSP and within 500 feet of the PRSP boundary. Attachments: A. Ordinance B. PRSP Land Use Plan C. February 2, 2021 Memorandum from Councilmember Frank D. Table 3-1 of the PRSP with proposed amendments Reviewed/ Approved By: Assistant City Manager 3 of 9 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager April 20, 2021, Item #13ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT 21-001 TO THE POWAY ROAD SPECIFIC PLAN TO ALLOW THRIFT STORES IN THE COMMERCIAL OFFICE AND MIXED USE LAND USE DISTRICTS AND ANTIQUE SHOPS AND CONSIGNMENT STORES IN THE MIXED USE LAND USE DISTRICT WHEREAS, Chapter 17.47 (Specific Plan Regulations) of Title 17 (Zoning Development Code) of the Poway Municipal Code provides the requirements for the initiation, preparation, and adoption of Specific Plans in accordance with Section 65450, et seq. of the California Government Code (Article 8, Specific Plan); WHEREAS, Specific Plan Amendment (SPA) 21-001 is proposed to allow thrift stores with a Conditional Use Permit in the Commercial Office and Mixed Use land use districts and to allow antique shops and consignment stores by right in the Mixed Use land use district of the Poway Road Specific Plan; WHEREAS, on April 20, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both in favor and against SPA 21-001; WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. 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: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the adoption of the PRSP and was certified on December 5, 2017. The PRSP EIR analyzed the potential impacts of the proposed build-out of the Poway Road Corridor in the manner permitted by the Specific Plan. The proposed SPA is consistent with the PRSP and conforms with the requirements, development standards and guidelines therein and, therefore, no further environmental analysis is required because the project's impacts have already been adequately analyzed and are fully covered by the previously certified EIR. Additionally, there are no significant changes proposed that would require subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. SECTION 3: The City Council hereby approves this Ordinance (SPA 21-001) as follows: Chapter 3, Section 3.2, Table 3-1 shall be amended as shown in exhibit A, attached hereto. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 4: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its 4 of9 ATTACHMENT A April 20, 2021, Item #13Ordinance No. *** Page 2 application to any other person or circumstance. The City Council declares that it would have adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 5: This Ordinance shall be codified. SECTION 6: All references to the Government Code are inclusive of any amendments that may occur following adoption of this Ordinance. 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 20th day of April, 2021, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 4th day of May, 2021, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 5 of 9 April 20, 2021, Item #13EXHIBIT A TABLE 3-1 LAND USES AND PERMIT REQUIREMENTS P = Permitted by Right A= Accessory Use Land Uses AUP = Administrative Use Permit X = Not Allowed C = Conditional Use Permit TC MU co CG A/GC Additional Regulations RETAIL Alcohol Sales -Associated with a winery, brewery, or AUP AUP C C C distillery Antique Shop; Consignment Store X Xf_ p p p Drive-through Facility X C AUP AUP AUP Liquor stores are not permitted within 1,000 feet Liquor Store C C X C C of any public school. Retail Store (up to 20,000 sq. ft.) p p p p p See also PMC Section 5.48 (Firearms Sales). Retail Store (greater than 20,000 sq. ft.) AUP AUP p p p See also PMC Section 5.48 (Firearms Sales). Thrift or similar second-hand sales X ~ ~ C C VEHICLE USES Automobile Repair and Service -Major (all except quick-service facilities, such as lube and tune-up) X X X C AUP Automobile Repair and Service -Minor X X C C AUP No vehicles shall be stored outside overnight. Automobile Sales, Lease, and Rentals X X C C p Includes used automobile sales poway road corridor specific plan I land use regulations and development standards I 3-13 6 of9 April 20, 2021, Item #13...... 0 '"""' \0 )> --i --i )> n :c s: m z --i a, FIGURE 3-1: Land Use Plan 0:: \ Land Use ______ ,_ ____ Feet 0 500 1,00:J 2,000 ~ a <I, -'-< re -;-, :,: 0 ? :.J r.,,,,,..----------..--- 6 I ~,~o ~ I -'l~?'i :: I <P r-"' tl, f ' r-' Ol I J , r.~ ~~ '°'ur)!;I".:: .. 1, !L. l1 ,k ·r,noll P.d d Land Use Distrricts c=:] Plan Boundary -Town Center (TC) Parcels Parks Creeks Mixed Use (MU) Commercia l Office (CO) 3-4 I poway road corri dor specific pla n I land use regulations and development standards ::0 -.:, ~ T" \X ::,., ~ ..s ~a C ....J .---, 0 I ~ Q,I ~ I ~ -I O . ..::: ,--, I ,. - , C ,---u I , r_.,..J I c. 1 '--r-"" , L-L~.J f ,--., . GardenlRd L __ ..,..-.r-1. ~------I 0 -----' --.J 0 ~ Ill l.:J ~ QI i ~ C 0 ~ i "'O 7i l:) -Comme rcial General (CG) Automotive/Commercial General (A/CG) April 20, 2021, Item #13M EMQRAN DLJ M City of Poway DATE: TO: FROM: February 2, 2021 Members of the City Council Caylin Frank, Councilmember SUBJECT: Amend Poway Road Specific Plan to Allow for Thrift Stores in the Mixed-Use and Town Center Zones Summary: In 2017, the Poway Road Specific Plan was adopted to provide a long-term strategy for revitalizing public and private properties along Poway Road and for creating a town center for all community members to achieve a diverse mix of uses that contribute to a lively economic, social, and cultural center for Poway. This plan did not allow for thrift stores in all zones of the Specific Plan. In 2018, the thrift store tenants in Poway's Carriage Square West strip mall were notified their leases would not be renewed. Since learning of their lease terminations, many of these thrift stores have struggled to find an affordable place to relocate. Additionally, moving to a new location with increased rent rates would diminish the already small profits they generate from sales, resulting in a greater loss of income for the charities they serve. Many Poway residents have expressed their views that they would like thrift stores to be allowed as these stores provide a great service to low-income shoppers and the community, along with a fun experience for bargain hunters. We continue to hear from groups offering this type of business and believe the community will support their inclusion along Poway Road. Recommended Action: I ask for Councilmembers' concurrence to direct Staff to amend the Poway Road Specific Plan to allow thrift stores in the Mixed-Use and Town Center zones, subject to approval of a Conditional Use Permit Application. Attachments: None Reviewed/ Approved By ,· ·)hruJ&, v··· ···· · Wen~y Kaserman Assistant City Manager 1 of 1 8 of 9 Reviewed By: Alan Fenstermacher City Attorney ATTACHMENT C Approved By: C~e City Manager February 2, 2021, Item #8 April 20, 2021, Item #13\0 0 ..., \0 l> --4 --4 l> n J: s: m z --4 C TABLE 3-1 LAND USES AND PERMIT REQUIREMENTS Land Uses RETAIL Alcohol Sales -Associated with a winery, brewery, or distillery Antique Shop; Consignment Store Drive-through Facility Liquor Store Retail Store (up to 20,000 sq . ft.) Retail Store (greater than 20,000 sq. ft.) Thrift or similar second-hand sales ,_ VEHICLE USES Automobile Repair and Service -Major (all except quick- service facilities, such as lube and tune-up) Automobile Repair and Service -Minor Automobile Sales, Lease, and Rentals P = Permitted by Right AUP = Administrative Use Permit A= Accessory Use X = Not Allowed C = Conditional Use Permit TC MU co CG A/GC Additional Regulations AUP AUP C C C X Xf p p p X C AUP AUP AUP Liquor stores are not permitted within 1,000 feet C C X C C of any public school. p p p p p See also PMC Section 5.48 (Firearms Sales). AUP AUP p p p See also PMC Section 5.48 (Firearms Sales). X x~ x~ C C X X X C AUP X X C C AUP No vehicles shall be stored outside overnight. X X C C p Includes used automobile sales poway road corri dor specific plan I land use regulations and development standards I 3-13 April 20, 2021, Item #14DATE: TO: FROM: CONTACT: SUBJECT: Summary: April 20, 2021 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Worksq,~ Jessica Parks, Utilities Administrator Sf' (858) 668-4703 or jparks@poway.org Approval of Appropriations from the Sewer Enterprise Fund for the City of San Diego Wastewater Back-Billing and FY 20 Wastewater Fees The City of Poway is a participating agency with the City of San Diego's Metropolitan Sewerage System and pays its proportional cost of the overall program including treatment, and disposal of wastewater. Recently, the City of San Diego invoiced Poway for previous wastewater services that total $225,231.57 and provided the City of Poway an amount to be billed this fiscal year for an additional $29,073.00. The current fiscal year budget does not have funds available to pay for these invoices and additional appropriations are being requested. Recommended Action: It is recommended that the City Council receive this report and authorize an appropriation of $254,304.57. Discussion: Industrial Wastewater Control Program Back-Billing The City of Poway utilizes the City of San Diego's Metropolitan Wastewater System to treat and dispose of Poway's wastewater. Poway has been a participating agency in the Metropolitan Sewerage System (Metro System) since Poway's incorporation in 1980 and is one of twelve participating agencies that convey wastewater to the Metro System for treatment. In the 1980s, the City of San Diego's discharge permit (CA 0107409) issued by the Environmental Protection Agency and the California Water Quality Control Board required an Industrial Pretreatment Program. Poway entered into an agreement in July 1990 with San Diego to have them administer Poway's Industrial Pretreatment Program through the issuance of Industrial Wastewater Discharge Permits, pretreatment inspections, wastewater sampling and analysis, investigations, collecting of fees and other industrial pretreatment program responsibilities. The costs for this pretreatment program, known as the Industrial Wastewater Control Program (IWCP}, is collected through Poway 1 of20 April 20, 2021, Item #14wastewater users bi-monthly sewer bill. Poway then submits payment to San Diego directly through the sewer enterprise fund. In 2013, San Diego performed an audit of the IWCP and found that San Diego had not billed its participating agencies for a five-year period (FY 2008 to FY 2012). It was also identified that the fees had not been updated since 1984 and that the cost recovery practices were not in compliance with Proposition 218 (San Diego was passing on most of the IWCP program costs, including the participating agencies portion, to San Diego wastewater customers). The audit had eight recommendations which included San Diego seeking recovery of the IWCP fees that went unbilled since FY 2008 and complete an IWCP fee study that would be in compliance with state regulations. San Diego completed three of the recommendations, including recovering fees that went unbilled. Poway was invoiced for FY 2008 through FY 2012 in the amount of $98,519.10, which was paid in fiscal year 2014. In 2020, San Diego had a follow-up performance audit of the IWCP. The audit found that San Diego had not billed its participating agencies for a four-year period (FY 2017 -FY 2020). Also identified was that an IWCP fee study had not been completed and that the cost recovery practices were still out of compliance with Proposition 218. The audit had several recommendations, including collecting unbilled fees since FY 2017, performing a program cost allocation study, and billing the industrial permittees directly eliminating the participating agencies as an intermediate. Poway received an invoice for IWCP services provided in FY 2017 through FY 2020 in the amount of $107,890.00 (Attachment A). The City of San Diego performed a cost allocation study for the IWCP which was completed in November 2020 and is proceeding through their committees for its approval along with the recommendation to bill the IWCP permittees directly. Since the IWCP fees had not been updated in almost 40 years, the proposed fee schedule in the cost allocation study are significant. Poway has 14 businesses that are currently permitted in the IWCP and with San Diego's recommendation to bill the permittees directly, these businesses will be impacted. Poway staff reached out to these businesses by phone to inform them of San Diego's proposed fee increases and changes to the billing of the program. San Diego also sent a letter to each IWCP permittee to inform them of the proposed changes (Attachment B). If the cost allocation study and its recommendations are approved by San Diego, the City of Poway will no longer receive a bill for the IWCP, and all permittees will be billed directly. The current fiscal year budget has $10,000.00 for FY 2021 IWCP services but does not have funds available for the FY 2017 through FY 2020 invoice from San Diego. Penasquitos Sewerage Pump Station Reconciliation and Estimate Annually, San Diego sends Poway an estimated cost of Operations and Maintenance (O&M) for facilities Poway shares with San Diego to transport, treat and dispose of wastewater. On March 6, 2020, San Diego provided Poway with an estimate of O&M expenses for fiscal year 2020 for the Penasquitos Pump Station in the amount of $378,192.00 (Attachment C). On February 10, 2021, San Diego submitted to Poway an invoice for its end of the year reconciliation O&M for fiscal year 2020 (Attachment D). The O&M costs totaled $500,140.45, in which Poway owes an additional $121,948.77. Supporting documentation of the reconciliation showed that the higher costs were associated with unforeseen maintenance expenses such as repairs to pumps, the purchase of a caustic tank, and CED lighting. As this additional amount was not budgeted, funds are unavailable for payment of the invoice. 2 of 20 April 20, 2021, Item #14It's worth mentioning that last year, the end of year reconciliation O&M for the Penasquitos Pump Station for fiscal year 2019 concluded that Poway was owed a refund in the amount of $117,341.57 (Attachment D). For the current fiscal year 2021 Penasquitos Pump Station estimate, San Diego did not provide Poway with the information in a timely manner. On June 18, 2020, two days after Poway City Council approved the Fiscal Year 2021 budget, San Diego provided the FY 2021 estimate of O&M for the Penasquitos Pump Station in the amount of $407,265.00, payable in four quarterly installments of $101,816.13 (Attachment E). Unfortunately, due to the delay in receiving the estimate from San Diego, the budgeted amount remained the same as the previous year at $378,192.00, which is $29,073.00 less than the estimate. Environmental Review: This item is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Staff requests a one-time appropriation in the amount of $254,304.57 to meet the expenses for the San Diego back-billing of FY 2017 through FY 2020 IWCP (403070-17200 $107,890), the FY 2020 End of Year Reconciliation of O&M for the Penasquitos Pump Station (403070-28040 $117,341.57}, and to have funds available for the FY 2021 Penasquitos Pump Station O&M estimate (403070-28040 $29,073). A portion of the IWCP funds have previously been collected. The remaining funds requested above will be paid for with reserves and recuperated in subsequent years via rate payer bills. Sufficient funds are currently available in the Sewer Enterprise Fund for these appropriations. Public Notification: None. Attachments: A. City of San Diego Invoice for FY 2017 to FY 2020 IWCP permitting and monitoring services B. City of San Diego February 8, 2021 letter to IWCP permittees C. City of San Diego FY 2020 Estimate for O&M expense for Penasquitos Pump Station D. City of San Diego End of Year Reconciliation for FY 2020 O&M Penasquitos Pump Station E. City of San Diego FY 2021 Estimate for O&M expense for Penasquitos Pump Station Reviewed/ Approved By: wenKaserman Assistant City Manager 3 of20 Reviewed By: Alan Fenstermacher City Attorney April 20, 2021, Item #14Tbe City of SA IE Public Utilities Department Industrial Wastewater Control Program September 22, 2020 City of Poway Public Works Wastewater Disposal PO Box 789 Poway CA 92074-0789 Dear Terry Zaragoza: Thank you for your agency's participation at the Metro JPA TAC meeting on September 16, 2020, at which we discussed the City of San Diego Public Utilities Department's need to collect payment for your participation in the Industrial Waste Control Program (IWCP). The City of San Diego's IWCP was fonnally approved by the U.S. Environmental Protection Agency on July 1, 1982. Since that time, the IWCP has protected public health and the environment through pennitting, inspections, and extensive monitoring of industries throughout San Diego's metropolitan sewerage system. The program's activities are critical not only to protecting ocean discharge from the Point Loma and South Bay Ocean Outfalls, but are also imperative to ensure the success of the City's Pure Water Program. The IWCP ensures businesses comply with the regulatory requirements pertaining to the City's wastewater collection, treatment and disposal; support wastewater services to the City's industrial, commercial and residential population; and protect source water quality for the Pure Water Program. As discussed at the Metro JPA TAC meeting, the amount owed by City of Poway is $107,890.00 This amount covers the permitting and monitoring services that the IWCP performed consistently, even though we have not billed you annually for these costs. We apologize for this oversight. The total amount covers monitoring fees for Fiscal Years 2017 through 2020. We are requesting payment within the next ninety (90) days. If this presents an issue, please contact me at 858-614-4030 to discuss additional payment options. Sincerely, C~ M~ica ~ /2. Deputy Director, Finance Division Enclosures Cc: Joy Newman, Program Manager, Industrial Wastewater Control Program 4of20 9192 Topaz Way, MS 901 D San Diego, CA 92123-1119 ATTACHMENT A T (858) 654-4100 April 20, 2021, Item #14The City of PO Box 129030 SAN San Diego CA 92112-9030 DI EGQ...}J Return Service Requested CITY OF POWAY PUBLIC WORKS WASTEWATER DISPOSAL ACCOUNTS PAYABLE PO BOX 789 POWAY CA 92074-0789 I I I,, .II ... II,,, I I,,, I I, .. 11 ... 11 .. , I I .. ,II .. , II ... I INVOICE Invoice No: Invoice Date: Business Partner No: Contract Account No: Reference: Invoice Amt(USD): Payment Due: City Contact Name: City Contact Phone No: Description 1000291991 Sep 22, 2020 9000000612 300000000121 XXXXXX2009221036 $ 74,260.00 Dec 22, 2020 BILLING CLERK 858-654-4102 Metropolitan Industrial Wastewater Control Program Pretreatment Program permit administration services for FY 2017 (from 01-Jul-2016 FY 2018 (from 01-Jul-2017 FY 2019 (from 01-Jul-2018 FY 2020 (from 01-Jul-2019 in Participating Agency 20 Poway through through through through 30-Jun-2017) 30-Jun-2018) 30-Jun-2019) 30-Jun-2020) $18,310 $18,645 $17,465 $19,840 See attached for line item reports Invoices that remain unpaid after the due date will be referred to the City Treasurer for collections. Unpaid balances are subject to a collection referral fee of 10% or $25, whichever is greater, up to a maximum of $1,000, and interest. As required by law, you are hereby notified that a negative credit entry reflecting on your credit report may be submitted to a credit reporting agency if the amount is not paid by the due date. Return this Portion with Payment. Make Check Payable to City Treasurer. r New Address or Phone Number? Check this Box and Enter your New Information on Reverse Side MAIL PAYMENT TO: City of San Diego PO Box 129030 San Diego, CA 92112-9030 11,1 .... 1,1 ... 11 ... 11 .. 1,1.1.1.1 Invoice No: Invoice Date: Business Partner No: 1000291991 Sep 22, 2020 9000000612 Contract Account No: 300000000121 Reference: XXXXXX2009221036 Invoice Amount(USD): $ 74,260.00 Payment Due: Dec 22, 2020 0171 1 300000000121 1000291991 7 XXXXXX2009221036 000007426000 1 1 5 of20 April 20, 2021, Item #14FY2017 Permit Services Fees for I Us in Poway --NAME ·. 20-0002 03-A Palomar Pomerado Health 2 3100 11/25/2004 310 20-0020 01-A Poway Unified School District 3 40 12/18/2013 530 20-0033 02-A Toray Membranes USA Inc 2 12408· 11/30/2011 9/30/2018 310 20-0043 06-A Somacis Inc 1 34384 9/16/2016 10/31/2019 2180 20-0108 05-A Valley Metals 1 794.93 5/15/2015 2/29/2020 5280 20-0109 06-A L & T Precision Corporation 1 35 5/8/2017 2180 20-0112 03-A BJ's Rentals Inc 2 360 1/14/2011 195 20-0113 02-A Allstate Van & Storage dba Allstate Moving System 3 1 1/31/2014 2/10/2020 195 20-0122 04-A K-Tube Corporation 1 998 3/21/2016 10/2/2019 2490 20-0147 03-A Teck Cominco Advanced Materials 4C 6/24/2015 1/1/2019 1050 20-0153 03-A Gaines Manufacturing 4C 4/1/2015 4/23/2018 1050 20-0208 02-A Alfa Scientific Designs Inc 2 127 7/1/2015 310 20-0235 02-A Component Surfaces Inc 4C 7/25/2016 5/5/2019 1050 20-0238 OS-A UT; Phillips 66 Company Circle K Station #2966 2 616 11/18/2016 3/28/2018 1180 1\;!IM 6 of20 April 20, 2021, Item #14--rvices Fees for IUs in Poway NAME . 20-0002 03-A Palomar Pomerado Health 2 3100 11/25/2004 310 20-0020 01-A Poway Unified School District 3 40 12/18/2013 530 20-0033 02-A Toray Membranes USA Inc 2 12408 11/30/2011 9/30/2018 310 20-0043 06-A Somacis Inc 1 34384 9/16/2016 10/31/2019 2180 20-0108 05-A Valley Metals 1 794.93 5/15/2015 2/29/2020 5280 20-0109 06-A L & T Precision Corporation 1 35 5/8/2017 2180 20-0112 03-A BJ's Rentals Inc 2 360 1/14/2011 195 20-0113 02-A Allstate Van & Storage dba Allstate Moving Systems 3 1 1/31/2014 2/10/2020 530 20-0122 04-A K-Tube Corporation 1 998 3/21/2016 10/2/2019 2490 20-0147 03-A Teck Cominco Advanced Materials 4C 6/24/2015 1/1/2019 1050 20-0153 04-A Gaines Manufacturing 4C 0 4/24/2018 1050 20-0208 02-A Alfa Scientific Designs Inc 2 127 7/1/2015 310 20-0235 02-A Component Surfaces Inc 4C 7/25/2016 5/5/2019 1050 20-0238 05-A UT; Phillips 66 Company Circle K Station #2966 2 616 11/18/2016 3/28/2018 1180 mm 7 of20 April 20, 2021, Item #14FY2019 .,vices Fees for I Us in Poway . -, NAME --~-· 1111---20-0002 03-A Palomar Pomerado Health 2 3100 11/25/2004 310 20-0020 01-A Poway Unified School District 3 40 12/18/2013 530 20-0033 02-A Toray Membranes USA Inc 2 12408 11/30/2011 9/30/2018 310 20-0043 06-A Somacis Inc 1 34384 9/16/2016 10/31/2019 2180 20-0108 05-A Valley Metals 1 794,93 5/15/2015 2/29/2020 5280 20-0109 06-A L & T Precision Corporation 1 35 5/8/2017 2180 20-0112 03-A BJ's Rentals Inc 2 360 1/14/2011 195 20-0113 02-A Allstate Van & Storage dba Allstate Moving System 3 1 1/31/2014 2/10/2020 530 20-0122 04-A K-Tube Corporation 1 998 3/21/2016 10/2/2019 2490 20-0147 03-A Teck Cominco Advanced Materials 4C 6/24/2015 1/1/2019 1050 20-0153 04-A Gaines Manufacturing 4C 0 4/24/2018 1050 20-0208 02-A Alfa Scientific Designs Inc 2 127 7/1/2015 310 20-0235 02-A Component Surfaces Inc 4C 7/25/2016_ 5/5/2019 1050 WiDJ¼1 8 of20 April 20, 2021, Item #14FY2020 Permit Services Fees for IUs in Poway -· --· 20-0002 03-A Palomar Pomerado Health 2 3100 11/25/2004 310 20-0020 01-A Poway Unified School District 3 40 12/18/2013 530 20-0033 03-A Toray Membranes USA Inc 2 12461 10/1/2018 310 20-0043 07-A Somacis Inc 1 32108 11/1/2019 2180 20-0108 06-A Valley Metals 1 897.26 3/1/2020 5280 20-0109 06-A L & T Precision Corporation 1 35 5/8/2017 2180 20-0112 03-A BJ's Rentals Inc 2 360 1/14/2011 195 20-0113 03-A Allstate Van & Storage dba Allstate M 3 10 2/11/2020 530 20-0122 OS-A K-Tube Corporation 1 911 10/3/2019 2490 20-0147 04-A Teck Advanced Materials Inc 4C 0 1/2/2019 1050 20-0153 04-A Gaines Manufacturing 4C 0 4/24/2018 1050 20-0179 01-A Western Mower & Engine 3 56 3/1/2020 195 20-0208 02-A Alfa Scientific Designs Inc 2 127 7/1/2015 310 20-0235 03-A Component Surfaces Inc 4C 0 5/6/2019 1050 20-0261 01-A UT; Blue Pacific Engineering & Constn 3 451500 12/3/2019 2180 @n[,1 9 of20 April 20, 2021, Item #14The City 0/ PO Box 129030 SAN San Diego CA 92112-9030 DIE GO__}) Return Service Requested CITY OF POWAY PUBLIC WORKS WASTEWATER DISPOSAL ACCOUNTS PAYABLE PO BOX 789 POWAY CA 92074-0789 111, .. I I, .. I I, .. 11 ... 11,,, I I mll,, ,II, .. II .. , I I ... I INVOICE Invoice No: Invoice Date: Business Partner No: Contract Account No: Reference: Invoice Amt(USD): Payment Due: City Contact Name: City Contact Phone No: Description 1000291983 Sep 22, 2020 9000000612 300000000121 XXXXXX2009220930 $ 33,630.00 Dec 22, 2020 BILLING CLERK 858-654-4102 Metropolitan Industrial Wastewater Control Program Routine FY 2018 FY 2019 FY 2020 Monitoring and Laboratory (from 01-Jul-2017 through (from 01-Jul-2018 through (from 01-Jul-2019 through services for 30-Jun-2018) 30-Jun-2019) 30-Jun-2020) $8676 $15,398 $9556 in Participating Agency 20 Poway See attached for line item reports Invoices that remain unpaid after the due date will be referred to the City Treasurer for collections. Unpaid balances are subject to a collection referral fee of 10% or $25, whichever is greater, up to a maximum of $1,000, and interest. As required by law, you are hereby notified that a negative credit entry reflecting on your credit report may be submitted to a credit reporting agency if the amount is not paid by the due date. Return this Portion with Payment. Make Check Payable to City Treasurer. r New Address or Phone Number? Check this Box and Enter your New Information on Reverse Side MAIL PAYMENT TO: City of San Diego PO Box 129030 San Diego, CA 92112-9030 11.1 .... 1.1 •• ,11 ... 11 •• 1.1.1.1,1 Invoice No: Invoice Date: Business Partner No: Contract Account No: 1000291983 Sep 22, 2020 9000000612 300000000121 Re~rence: XXXXXX2009220930 Invoice Amount(USD): $ 33,630.00 Payment Due: Dec 22, 2020 0171 1 300000000121 1000291983 4 XXXXXX2009220930 000003363000 5 1 10 of 20 April 20, 2021, Item #14Th i o/ SAN DIEG Public Utilitie Department fr,, or'Tl nt on, r ,g · Nt1n.t Se ~es 11,s 0r, ar Perrnittee: Potential Upcoming Changes to Industrial User Discharge Permit Fees Thank you for your continued parti ipation in the City of San Diego's (City's) Industrial Wastewater Control Program. Your participation as an industrial user is crucial to ensure that the City1s sewerage system, and the environment, is protected and can meet all of its r gulatory requirements. We value you as a partner in the region and appreciate the opportunity to assist you with your industrial wastewater. We are informing you of potential upcoming changes to the permit fees applicable to all industrial users that discharge to the City's system. On February 21, 1984 the San Diego City Council (City Council) adopted resolution tt:260133 that required permit and monitoring fees for industrial users permitted by the Industrial Wastewater Control Program for discharge to the City's sewerage system. The fees, which were also intended to cover the annual cost of inspections and sampling, have not been up t i . .C~ Since industrial user fees have not been updated in almost 40 years, the current fee structure for permitting, inspections, and monitoring does not adequately recover these costs as required. We conducted an independent analysis to evaluate our program costs and related fees over the last 5 years and will soon bring forward proposed changes to the City Council for consideration. We anticipate that the proposed fee changes will be heard at City Council's Environment Committee on February 25, 2021. The public hearing information will be posted just prior to the Committee meeting at: http __ :J/wwy.;. a · gQ.,gQY/ u il-c u1mittee nviro_omen -ommi te._e. I have attached a copy of the independent analysis that will be presented at the Committee for you to review. We encourage you to review the information provided and reach out to me at (858) 654-4106 if you have any questions or concerns. yR • rogram Manager Public UtiUties Department JN:rnd ctll t), 1/·1.,~ .. ~)~ '. ,.,, J -I ! ~: l ) .. ,rt\ ) t,; i ., ! \ ndt () ov 11 of 20 ATTACHMENT B April 20, 2021, Item #14Public Utilities Department Finance and Information Technology Division March 6, 2019 Mr. Michael Obermiller, P.E. Director of Public Works City of Poway P.O. Box 789 Poway, CA 92074-0789 Dear Mr. Obermiller: Subject: Fiscal Year 2020 estimate of Operations and Maintenance (O&M) expense for Penasquitos Pump Station The First Amended Penasquitos Sewer District Sewage Disposal Agreement of 1971 (R-212472) requires San Diego to notify Poway of the estimated amount of O&M expenses for the ensuing fiscal year. Enclosed is the Fiscal Year 2020 (FY20) estimate for O&M expense allocation of Penasquitos Pump Station. As a reminder, we are basing the estimate on actual past expenditures. The following are assumptions used to calculate estimated expenses for FY20: • Average of actual expenses for Fiscal Years 2016 and 2018; • Overhead rate of 146.3% based on City of San Diego's Overhead FY19 Rate Summary for PUD; • Estimated flow is a 2 year-average (even years) of Fiscal Years 2016 & 2018; • There are no anticipated CIP expenses for FY20. Based on Poway's percentage of flow to Penasquitos Pump Station, the total estimated cost for FY20 is $378,192.00, payable in four quarterly installments of $94,547.92. When actual expenditures for FY20 have been audited, reconciliation will be completed. If you have any questions, please contact Fawn Chang-Lee at (858) 614-5779. Sincerely, ~ Ed r Patifio Supervising Management Analyst EP:hh:fcl 9192 Topaz Way, MS 901 San Diego, CA 9212312 Of 20 ATTACHMENT C r (858) 614-5779 fchangfee@sandiego.gov April 20, 2021, Item #14Page 2 Michael Obermiller March 6, 2019 Enclosure: Penasquitos Sewerage System Fiscal Year 2019 O&M Estimate cc: Rudy Guzman, Assistant Director of Public Works for Utilities, City of Poway Jessica Parks, Senior Management Analyst, City of Poway Kathy Makepeace, Senior Administrative Assistant, City of Poway G:\agencies\muni\FY20\Poway estimate ltr-FY20.docx 13 of 20 April 20, 2021, Item #14COST CATEGORY PERSONNEL COST FRINGE BENEFITS SUPPLIES CONTRACTS IT EXPENSES OTHER EXPENSES ENERGY & UTILITIES CAPITAL EXPENDITURE SUBTOTAL OVERHEAD* PUMP STATION TOTAL COST FLOW PER PUMP STATION (MGt* CITY OF SAN DIEGO PENASQUITOS SEWERAGE SYSTEM Pump Stations 64, 65, and Penasquitos FY 2020 Operations & Maintenance (O&M) Estimate for the City of Poway FY 2020 Estimated Operations & Maintenance Costs PUMP ST A TION 64 PUMP ST A TION 65 PENASQUITOS PS $15,761 $15,321 '; $50,235 $278,226 $1,285 $18 $439,571 $50,329 $850,745 $23,059 $873,804 2,035 *Used overhead rate of 146.3% for PUD from City of San Diego's FY19 Rate Summary. **All flow from PS 65 flows through PS 64; therefore, it is not included in the total. 14 of 20 G:\agencies\muni\FY20\FY20 Estimate POWAY FLOW (MG) THRU PQ PS % OF PQ PS FLOW COST ESTIMATED QUARTERLY PAYMENT 880.78 43.28% $378,192 $94,547.92 TOTAL April 20, 2021, Item #14SAN DIEG& Public Utilities Department Finance and Information Technology Division February 10, 2021 Eric Heidemann Director of Public Works City of Poway P.O. Box 789 Poway, CA 92074-0789 Dear Mr. Heidemann: Reference: Penasquitos Sewerage System Operation & Maintenance ( O&M) Expense FY 2020 End of Year Reconciliation Enclosed is an invoice in the amount of $121,948.77 for Fiscal Year 2020 end of year reconciliation of operation and maintenance (O&M) expenses for Penasquitos Pump Station. If you have any questions on this matter, please contact Fawn Chang-Lee at (858) 614-5779. Sincerely, Edgar X. Patino Supervising Management Analyst EXP:gp:fcl Enclosures: 1. FY2020 End of Year Reconciliation 2. Expenditures Backup 3. FY20 EOY Invoice cc: Troy DePriest, Assistant Director of Public Works, City of Poway Jessica Parks, Utilities Administrator, City of Poway Terry Zaragoza, Wastewater Utilities Supervisor, City of Poway Angelina Martinez, Management Analyst, City of Poway Kathy Clancy, Senior Administrative Assistant, City of Poway G:\agencies\muni\FY20\FY20 EOY\Poway\Invoice letter Poway FY20 EOY.docx 9192 Topaz Way, MS 901 San Diego, CA 92123 15 of 20 ATTACHMENT D T (858) 614-5779 fchanglee@sandiego.gov April 20, 2021, Item #14The City of PO Box 129030 INVOICE SAN~ DIEGO]J San Diego CA 92112-9030 Return Service Requested CITY OF POWAY -DIRECTOR OF PUBLIC WORKS PO BOX 789 POWAY CA 92064 I I I 111 I I 111 II 1111 I 111 I I 111Il1111I111II11111 m I I 111 I SAP Invoice No: Invoice Date: Business Partner No: Contract Account No: Reference: Invoice Amt(USD): Payment Due: City Contact Name: City Contact Phone No: 1000299851 Feb 10, 2021 9000000612 500000001915 XXXXXX2102100602 $ 121,948.77 Mar 16, 2021 FAWN CHANG-LEE 858-614-5779 · t>:escription , .· .. Penasquitos Sewerage·system Operating & Maintenance (O&M) Expenses FY 2020 Reconciliation Invoices that remain unpaid after the due date will be referred to the City Treasurer for collections. Unpaid balances are subject to a collection referral fee of 10% or $25, whichever is greater, up to a maximum of $1,000, and interest. As required by law, you are hereby notified that a negative credit entry reflecting on your credit report may be submitted to a credit reporting agency if the amount is not paid by the due date. Return this Portion with Payment. Make Check Payable to City Treasurer. · n New Address or Phone Number? Check this Box and Enter your New Information on Reverse Side MAIL PAYMENT TO: City of San Diego PO Box 129030 San Diego, CA 92112-9030 II, I,,,, I, I,, ,I I,, ,I I,, I, 1,1, l,I SAP Invoice No: Invoice Date: Business Partner No: Contract Account No: 1000299851 Feb 10, 2021 9000000612 500000001915 Reference: XXXXXX2102100602 Invoice Amount(USD): $ 121,948.77 Payment Due: Mar 16, 2021 16 of 20 0171 1 500000001915 1000299851 5 XXXXXX2102100602 000012194877 2 1 April 20, 2021, Item #14CITY OF SAN DIEGO PENASQUITOS SEWERAGE SYSTEM Pump Stations 64, 65, and Penasquitos PS FY 2020 Operations & Maintenance End of Year Reconciliation for the City of Poway FY 2020 Actual Operations & Maintenance Costs COST CATEGORY PUMP STATION 64 PUMP STATION 65 PENASQUITOS PS PERSONNEL COST 21,214 FRINGE BENEFITS 20,645 SUPPLIES 153,368 CONTRACTS 355,801 IT EXPENSES 637 OTHER EXPENSES 0 ENERGY & UTILITIES 440,496 CAPITAL EXPENDITURE 7,967 CIP (PS 65 Upgrade; replacement portion 60.5% of total project cost) 0 SUBTOTAL 1,000,128 OVERHEAD 31,567 PUMP STATION TOTAL COST 1,031,695 FLOW PER PS 2,147 POWAY FLOW (MG) THRU PQ PS 1,040.84 % OF PENASQUITOS PS FLOW 48.48% TOTAL COST $500,140.45 PAID $378 191.68 BALANCE $121,948.77 17 of 20 TOTAL April 20, 2021, Item #14Public Utilities Department Finance and Information Technology Division June 18, 2020 Eric Heidemann Director of Public Works City of Poway P.O. Box 789 Poway, CA 92074-0789 Dear Mr. Heidemann: Subject: Fiscal Year 2021 estimate of Operations and Maintenance (O&M) expense for Penasquitos Pump Station The First Amended Penasquitos Sewer District Sewage Disposal Agreement of 1971 (R-212472) requires San Diego to notify Poway of the estimated amount of O&M expenses for the ensuing fiscal year. Enclosed is the Fiscal Year 2021 (FY21) estimate for O&M expense allocation of Penasquitos Pump Station. As a reminder, we are basing the estimate on actual past expenditures. The following are assumptions used to calculate estimated expenses for FY21: • Average of actual expenses for Fiscal Years 20161 2017 and 2018; • Overhead rate of 148.8% based on City of San Diego's Overhead FY20 Rate Summary for Public Utilities Department; • Estimated flow is a 3 year-average of Fiscal Years 20161 2017 and 2018; • There are no anticipated CIP expenses for FY21. Based on Poway' s percentage of flow to Penasquitos Pump Station, the total estimated cost for FY21 is $407,265 payable in four quarterly installments of $101,816.13. When actual expenditures for FY20 have been audited, reconciliation will be completed. If you have any questions, please contact Fawn Chang-Lee at (858) 614-5779. Sincerely, Edgar Patifio Supervising Management Analyst EXP:gp:fcl 9192 Topaz Way, MS 901 San Diego, CA 9212318 of 20 ATTACHMENT E T (858) 614-5779 fchanglee@sandiego.gov April 20, 2021, Item #14Page 2 Eric Heidemann June 15, 2020 Enclosure: Penasquitos Sewerage System Fiscal Year 2021 O&M Estimate cc: Troy DePriest, Assistant Director of Public Works, City of Poway Jessica Parks, Utilities Administrator, City of Poway Terry Zaragoza, Wastewater Utilities Supervisor, City of Poway Kathy Clancy, Senior Administrative Assistant, City of Poway G:\agencies\muni\FY21\Poway estimate ltr-FY21.docx 19 of 20 April 20, 2021, Item #14COST CATEGORY PERSONNEL COST FRINGE BENEFITS SUPPLIES CONTRACTS IT EXPENSES OTHER EXPENSES ENERGY & UTILITIES CAPITAL EXPENSES CIP SUBTOTAL OVERHEAD* PUMP STATION TOTAL COST CITY OF SAN DIEGO PENASQUITOS SEWERAGE SYSTEM Pump Stations 64, 65, and Penasquitos FY 2021 Operations & Maintenance (O&M) Estimate for the City of Poway FY 2021 Estimated Operations & Maintenance Costs PUMP STATION 64 PUMP STATION 65 PENASQUITOS PS ,·. $15,740 -·. $14,182 ,. . . $59,664 $303,924 $1,474 , $14 ... $460,485 .· $40,526 $0 •.•· $896,009 --$23,421 ·. $919,430 FLOW PER PUMP STATION (MG)° 2,063 *Used overhead rate of 148.8% for PUD from City of San Diego's FY20 Rate Summary. **All flow from PS 65 flows through PS 64; therefore, it is not included in the total. POWAY FLOW (MG) THRU PQ PS % OF PQ PS FLOW COST ESTIMATED QUARTERLY PAYMENT 20 of 20 G:\agencies\muni\FY21\FY21 Estimate 913.90 44.30% $407,265 $101,816.13 TOTAL : .. ··' DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL April 20, 2021 Honorable Mayor and Members of the City Co�cil Eric Heidemann, Director of Public Works t{_ \ ,f Will Wiley, Assistant Director of Public Works for Maintenance Operation (858) 668-4705 or wwiley@poway.org Landscape Maintenance District (LMD) Advisory Group Update The Landscape Maintenance District (LMD) Advisory Group (Advisory Group) is made up of property owners within LMD 83-1 and LMD 86-1 and was appointed by the City Manager to serve in an advisory role to provide recommendations on maintenance and landscape improvements within the LMDs. Since the Fall of 2019, the Advisory Group has worked collaboratively with staff and the City's landscape architect on the development of a landscape master plan (LMP), until its postponement in April 2020, as a result of COVID-19. The purpose of this workshop is to provide the City Council with: 1)the status of the LMP, 2) the Hazardous Mitigation Grant Program (HMGP) grant application, 3) the Advisory Group's ongoing work to address landscape maintenance on private property along the north side of Twin Peaks Road between Pomerado Road and Community Road, and 4) for the City Council to provide direction on the Advisory Group's preferred option relative to landscape maintenance on private property. Recommended Action: It is recommended that the City Council receive this report and provide direction on staff's recommendation to advance the Advisory Group's preferred Options E and D to address maintenance and rehabilitation relative to private property along the north side of Twin Peaks Road between Pomerado Road and Community Road, pending the completion of costing of the LMP and the hazardous tree removal plan. Discussion: The Advisory Group was formed in August 2018 to provide recommendations to staff and City Council on landscape maintenance and improvements within Landscape Maintenance Districts (LMDs) 83-1 and 86-1. Staff and the Advisory Group last provided an update and presented maintenance recommendations to the City Council on August 6, 2019. At this meeting, the City Council authorized the development of a LMP to provide a concept and cost estimates for landscape rehabilitation at neighborhood entrances and within the public rights-of-way along Twin Peaks and Espola Roads. 1 of 8 April 20, 2021, Item #15 Additionally, the LMP is to serve as a guide for the eventual re-balloting of LMDs 83-1 and 86-1. This report provides the City Council with a status on the LMP, the Hazardous Mitigation Grant Program (HMGP) application, the Advisory Group's ongoing work to address landscape maintenance on private property along the north side ofTwin Peaks Road between Pomerado Road and Community Road and lastly requests the City Council to provide direction on the Advisory Group's preferred option relative to landscape maintenance on private property. Landscape Master Plan: After the City Council authorized the LMP, the City's landscape architect, KTUA, began work on the conceptual landscape plan for the right-of-way areas along Twin Peaks Road, between Community and Pomerado Roads and the right-of-way areas along Espola Road, between Titan Way and Valle Verde Terrace. The LMP includes a site analysis, conceptual design alternatives for each of the project areas, community outreach, and development of final landscape plans. Working in conjunction with staff and the Advisory Group, KTUA made significant progress on the LMP's deliverables, until COVID-19 led to the suspension of work in April 2020. While work on the LMP remains suspended, KTUA has completed approximately 75 percent of the scope of work, with outstanding work consisting of community outreach (surveys, workshops, etc.) and finalizing the landscape concepts (based on input). Staff and KTUA are reconvening in the near future to revise the LMP project schedule, review remaining deliverables and assess community outreach opportunities during the current state of COVID-19. Due to the delay in the LMP's completion, however, a re-ballot attempt in 2021 is unlikely. Instead, re-balloting of the LMDs is being considered for 2022, when a re-engineering process can be completed that incorporates the LMP's updated capital and maintenance costs. The LMP should include the outcome of the tree risk assessment provided by the City's anticipated HMGP tree removal project. HMGP Update: At the end of 2020, the City was notified that its HMGP grant application for hazardous tree removal was approved. In response to the award and consistent with the terms of the grant, staff completed a scope of work for an updated tree inventory and tree risk assessment for approximately 13,800 trees in the previously mentioned right-of-way areas of LMD 83-1, LMD 86-1, and open space areas in Green Valley Subdivision. The tree risk assessment and updated inventory begins this month and will be completed by a certified arborist. Following the tree risk assessment, staff will work on obtaining as-needed environmental approvals, complete a tree removal bid process and conduct public outreach. Only after these processes are complete will the tree removal/trimming commence. The tree assessment and hazardous tree removal work is integral to the completion of LMP because it will assist in the development of future costs for the LMDs. If warranted, staff may remove trees within private property areas along Twin Peaks and Espola Roads with the property owner's consent. While the hazardous tree removal project's objective is to reduce fire fuel loads, a positive outcome is potential decreased tree maintenance for LMDs 83-1 and 86-1. A detailed report on the acceptance of the HMGP award will be provided at a future City Council Meeting. Private Property Areas: During the site analysis for LMD 83-1, it was discovered property lines extend beyond the sound wall/fence to the toe of slope for many of the properties along the north side of Twin Peaks Road between Pomerado Road and Community Road. Staff confirmed this finding in March 2020 through a survey of the property. Since formation in the 1980s, the City/LMD has maintained the private property areas between the sound walls/fence and public right-of-way under the assumption the area was public property within the LMD. As a result of the City/LMD having consistently maintained the trees and landscaping on these private property areas for over 30 years, a prescriptive easement has likely been established. Under a prescriptive easement, the City/LMD may, but is not obligated to, continue to maintain these private property areas. If the City/LMD 2 of 8 April 20, 2021, Item #15 continues maintenance, property owners must allow access. Additionally, if the City/LMD continues to maintain these private property areas, it can only provide the same level of maintenance it has been providing, e.g., no enhancements/improvements. Property owners may also maintain these areas, including trimming or removing trees in accordance with City's tree removal permit process. If the City ceases to maintain these areas for five continuous years, it loses its ability to maintain them in the future. In the recent months, staff, the City Attorney, and the Advisory Group extensively worked together (virtually) to understand the issues of providing (and/or not providing) maintenance and rehabilitation of these private property areas. Options for future maintenance of these private property areas were evaluated. The following are the Advisory Group's and staffs preferred approach. Advisory Group Recommendation: The Advisory Group evaluated five options (See Attachment A) to address future maintenance and rehabilitation on private property. In accordance with the Advisory Group's goals, the options supported are to continue maintenance along the private property areas (no improvements) through a prescriptive easement and obtain formal easements for private property areas at neighborhood entrances (corner lots) to rehabilitate landscaping and provide for ongoing maintenance at entrances. If this option demonstrates to be financially unfeasible as may be presented by the LMP or a future engineer's report, the Advisory Group alternative (second preference) is to discontinue maintenance in private property areas along roadways, but obtain formal easements for those private property areas at neighborhood entrances (Option D). Staff supports the Advisory Group's options (in order of preference) as the approach to address the future maintenance in these private property areas. The preferred option (Option E) allows for continuity of maintenance, continual use of the prescriptive easement, and uniformity along the north side ofTwin Peaks Road. This preferred approach is desired while the LMP, subsequent engineer's report, hazardous tree removal plan are completed and additional information on maintenance and rehabilitation costs is obtained. Consequently, staff requests City Council's direction on staff's recommendation to only advance the Advisory Group's preferred Options E and D, to address maintenance and rehabilitation relative to private property along the north side of Twin Peaks Road between Pomerado Road and Community Road, pending the completion of costing of the LMP and the hazardous tree removal plan. Staff and the Advisory Group anticipates returning to the City Council with a single preferred option at a future date. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The direction requested has the potential to have a fiscal impact and that analysis will be brought forward prior to City Council making a final determination. Public Notification: None. 3 of 8 April 20, 2021, Item #15 Attachments: A. LMD Advisory Group Recommendation Reviewed/Approved By: Assistant City Manager 4of 8 Reviewed By: Alan Fenstermacher City Attorney ·~,,_._, .. ~e City Manager April 20, 2021, Item #15 Date: March 11, 2021 To: City of Poway City Council From: Landscape Maintenance District Advisory Group (LMDAG) Subject: LMDAG Recommendation Regarding City/LMD Maintenance of Private Property Areas within the LMDs LMDAG Recommendation Purpose of this memo: To forward a recommendation to the City Council from the Landscape Maintenance District Advisory Group (LMDAG) regarding future maintenance of private property areas that have been historically maintained by LMD 83-1 and LMD 86-1. Although the LMDAG has had to put a number of activities on hold during the COVID health crisis, we have continued to work with City staff to evaluate and strategize on how best to address the future of maintenance on the private property areas that the LMDs have been maintaining since inception more than 30 years ago. This issue is most pronounced in LMD 83-1 (Twin Peaks Road) where private property extends up to 22 feet beyond the sound wall shielding backyards from the roadway. LMDAG Goals: At its inception in Fall 2018, the LMDAG established several key goals that provided the framework for our consideration and recommendation on this private property issue: • rehabilitate the landscaping within the LMDs, particularly at the entrances to neighborhoods • address fire and life safety issues presented by the large number and size of eucalyptus trees within the LMDs • reduce/stabilize ongoing costs to maintain the LMD landscaping • establish a funding and revenue plan that is fair to both the property owners and City • ensure success of a second ballot to generate the assessment revenues necessary to preserve the landscaping and sustain the LMDs into the future. LMDAG Recommendation: The LMDAG developed five options to address future maintenance and rehabilitation on private property the LMDs have historically been maintaining (these options are described below). The options generally distinguish between private property along the roadways (Twin Peaks Road and Espola Road) and private property at neighborhood entrances from these two roadways. Based on the LMDAG goals identified above, and meetings with and information provided by City staff, including the City Attorney, the LMDAG has identified a first and second preference (tailback) recommendation. Future completion of the Landscape Master Plan and Engineer's Report, as well as the FEMA grant tree removal plan, will provide information on rehabilitation and maintenance costs that will allow the LMDAG to eventually recommend a single preferred option. Meanwhile, adoption of the first and second preferred options and elimination of the remaining options from further consideration will help focus the direction of the LMDAG's and City's ongoing work on this issue. These first and second preference options include the use of both Prescriptive Easements and Formal Easements to allow for ongoing maintenance and rehabilitation of the private property areas in question. Further discussion of these easement types is included toward the end of this memo. ATTACHMENT A 5 of8 April 20, 2021, Item #15 The LMDAG's preferred option is as follows: • Option E: Prescriptive Easements for Roadway Areas/Formal Easements for Entrances -LMD landscape maintenance would continue to occur as it has in the past along the roadway private property areas (the areas between the sound walls and the public rights-of-way) through activities permitted under existing and ongoing prescriptive easements. In accordance with restrictions inherent in prescriptive easements, no landscape rehabilitation or installation of improvements would occur on private property roadway areas. The City would obtain Formal Easements only for those private property areas at the neighborhood entrances to allow the City/LMD to rehabilitate landscaping and provide ongoing maintenance at neighborhood entrances. The LMDAG prefers this option because it: • Would allow for rehabilitation, as well as ongoing maintenance, of neighborhood entrances • Allows for the City/LMDs to continue the 5-year cycle of tree maintenance in the roadway private property areas to help address the fire and life safety issue (and also allows homeowners to trim and/or remove trees on their properties with a permit from'the City) • Promotes a consistent level of maintenance between adjacent public and private areas along roadways • Does not require any new City action to continue to maintain roadway areas on private property {past practice allows LMD/City maintenance to continue through existing prescriptive easements) • Minimizes the burden of maintenance for property owners on inaccessible and public-facing portions of their properties • Greatly reduces the need for formal easements by focusing these on entrance areas only Should future cost information provided by the final LMD Landscape Master Plan {currently on hold) and LMD revenue/assessment needs obtained through the future Engineers' Report indicate that continuing to maintain the private property along the roadways is financially infeasible, the LMDAG would consider a second preference {fallback) option as follows: • Option D: No Maintenance for Roadway Areas/Formal Easements for Entrances -The LMD would cease to maintain private property areas along the roadways (between the public rights-of-way and the sound walls) to reduce costs. {The public rights-of-way from the roadway curb to the private property lines, generally 20 feet, would continue to be maintained by the City/LMDs.} The City would obtain formal easements for those private property areas at the neighborhood entrances to allow the City/LMD to rehabilitate landscaping and provide ongoing maintenance at neighborhood entrances. The LMDAG would defer to Option Das a second choice solely because it would reduce ongoing LMD maintenance costs by ceasing to maintain roadway private property areas, helping bring LMD costs in line with available revenues {including any anticipated increases in LMD assessment revenues through a future ballot). Option D would also: • Still allow for rehabilitation and maintenance of neighborhood entrances • Allow homeowners to maintain and/or remove trees on their properties {with a permit from the City) 6of8 April 20, 2021, Item #15 According to the Poway City Attorney, under either Option E or Option D, homeowners would not be permitted to relocate or alter the sound wall without a Specific Plan Amendment, a Development Review, and a supporting Noise Study for a boundary adjustment. Property owners also cannot deny City access to these private property areas outside the sound walls. Note: While the LMDAG is unanimous in its preference for Option E, the committee agreed to advance Option Das a fallback second preference option with one member dissenting. Short-Term Action: In both the preferred and secondary options, the LMDAG recommends that the City initiate activities to obtain formal easements from private property owners whose properties encompass the neighborhood entrance areas. This action could begin prior to final resolution of how to address the roadway private property areas. At this time, the LMDAG also recommends that the City/LMD continue regular maintenance on the private property areas along the roadways to retain the prescriptive easement option until the financial feasibility of continuing to maintain these areas can be determined. Background Information Easement Options: There are basically two options for addressing maintenance on private property in the future: 1) Discontinue City/LMD maintenance of private areas, and 2) Continue City/LMD maintenance within the context of easements on private property. According to advice provided by the City Attorney, there are two kinds of possible easements: • Prescriptive Easements under which the City/LMD can only continue to do what has been done in the past (landscape maintenance); no new activities, including landscape rehabilitation, would be permitted. Based on past LMD/City maintenance activities, the City Attorney has advised that prescriptive easements currently exist on the roadway and entrance private property areas. • Formal Easements formal easements spell out what the City/LMD and property owner can, must, and cannot do, and could indicate that the City/LMD are responsible for maintenance and would be permitted to rehabilitate private property areas. Private Property Maintenance Options: The LMDAG considered and evaluated five options for the private property areas: • Option A: Prescriptive Easements (Status Quo) -Continue City/LMD maintenance of roadway and entrance private property areas through existing/ongoing prescriptive easements. No landscape rehabilitation could occur anywhere on private property areas within the LMDs. o The LMDAG does not recommend this option primarily because it does not allow for rehabilitation of the neighborhood entrance areas, which is a specific goal of the LMDAG. • Option B: Formal Easements -Obtain Formal Easements to rehabilitate and maintain all existing roadway and entrance areas on private property 7 of8 o The LMDAG does not recommend this option because; 1) it requires the City to acquire formal easements from a large number of property owners along both the roadways and at neighborhood entrances, 2) if some property owners decline to grant an easement, it could April 20, 2021, Item #15 result in inconsistent landscaping and maintenance, and 3) it requires the highest level of funding from LMD to rehabilitate and maintain all public and private areas. • Option C: No Easements -Cease City/LMD maintenance of all roadway and entrance areas on private property o The LMDAG does not recommend this option primarily because it eliminates the ability to rehabilitate neighborhood entrances • Option D: Formal Easements at Entrances/No Easements on Roadways -Obtain Formal Easements at entrances for landscape rehabilitation and ongoing maintenance. Cease City/LMD maintenance of roadway private property areas (the City/LMDs would continue to maintain, and could rehabilitate, the public rights-of-way along the roadways). o This option is the LMDAG's second preference recommendation in the event that future information on the costs and necessary revenues required to continue to maintain the roadway private property areas makes doing so financially infeasible. However, once a prescriptive easement is abandoned for five years, there is the potential that private property owners could add fencing or other uses (sheds, gardens) on their properties beyond the sound wall, an outcome that might not be acceptable to the City. • Option E: Prescriptive Easement on Roadways/Formal Easements at Entrances -Continue City/LMD maintenance of roadway private property (and public rights-of-way) areas. Obtain Formal Easements for rehabilitation and ongoing maintenance of entrances. 8of8 o This option is the LMDAG's preferred recommendation because it provides for rehabilitation and maintenance of neighborhood entrances, as well as consistent maintenance (including fire and life safety tree management) on the roadways in both private and public areas between the sound walls and roadways. It also minimizes the burden of maintenance from property owners on inaccessible and public-facing portions of their properties. April 20, 2021, Item #15