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05-04-21 Agenda PacketAG EN DA Poway City Council Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 May 4, 2021 I 7 p.m. Thank you for participating in your local government and the City of Poway council meetings. Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. Meetings I Pursuant to the Governor's Executive Order N-29-20, a local legislative body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body, during the period in which local public officials impose measures to promote social distancing. Although this Regular City Council meeting will be held at the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064, the Council Chamber will not be open to the public. Remote public participation is encouraged in one of the following ways: To Watch Live: www.poway.org/councilmeetings To Speak and Participate: Go to: www.poway.org/meeting and join using "Computer Audio" If your electronic device has no microphone or speakers: Call: (877) 853 -5247 Enter Meeting ID: 623 291 9830 Enter Participant ID provided on your computer PLEASE NOTE: If you wish to participate, please also read the Speakers section for detailed instructions as it has changed. Public Meeting Access I Residents are strongly encouraged to participate and view remotely at the May 4, 2021 meeting livestream via www.poway.org/councilmeetings (to watch live), via www.poway.org/meeting (to speak and participate), or on Cox Communications Channel 24 and Spectrum Channel 19. Meetings are rebroadcast on Mondays, Thursdays and Fridays at 6 p.m. and Saturday and Sundays at 3 p.m. Council meeting videos are archived and available for viewing on the City's website at www.poway.org/councilmeetings. Submission of written comments concerning items on the agenda is encouraged. Speakers I If viewing online or calling in via telephone, it is highly recommended to log in to the waiting room at least 15 to 30 minutes prior to the commencement of the meeting. Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing Steve Vaus Mayor Barry Leonard Deputy Mayor Dave Grosch Council member Caylin Frank Councilmember John Mullin Councilmember to speak on items on the agenda may do so when the item is being considered. If you wish to speak and are joining the meeting online, please let the City Clerk know prior to the meeting or the announcement of the item by raising your hand digitally or by submitting a chat. If you are not using your computer's audio, please remember to enter your Participant ID on your computer screen when prompted on the phone. If you choose to call in without logging in online and you wish to speak on an item, you may press *9 when the Mayor asks for speakers at the time that the item you wish to speak on is being considered. You may speak up to three (3) minutes. The Mayor may reduce this time if there are a large number of speakers. PLEASE NOTE: Comments submitted via email will be accepted until 3:00 p.m. of the meeting date and distributed to the City Council as well as be made available online after the meeting. Technical Support I For more information on how to connect, visit www.poway.org/meetinghelp. If you have trouble connecting or accessing the meeting, the Information Technology team is available to help at (858) 668-4451. Agenda Materials I This agenda contains a brief summary of each item the Council will consider. The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway.org. Sign up at https://poway.org/list.aspx to receive email notifications when City Council agendas are published on line. Items listed on the agenda with a"#" symbol are in preparation. American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting. The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER: ROLL CALL: PLEDGE OF ALLE GIANCE: MOMENT OF SILEN CE: PRESENTATION : PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to 2 of 4 Regular City Council Meeting May 4, 2021 discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes. Speakers have one opportunity to address the Council under Public Comment. CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion. 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the April 6, 2021 Regular City Council Meeting Minutes 3. Resolution to Continue the Existence of a Local Emergency within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic 4. Award of Bid for the Annual Supply of Chemicals for the Lester J. Berglund Water Treatment Plant; Bid No. 21-023 5. Award of Agreement with BrightView Landscape Services, Inc., LaBahn's Landscaping, and Steven Smith Landscaping, Inc. for Landscape Maintenance Services; RFP No. 21-018 6. City's Investment Report as of March 31, 2021 7. Authorize Acceptance of Hazard Mitigation Grant Program Funding 8. Award of Contract to Blue Pacific Engineering & Construction for the Exposed Sewer East of Martincoit Project; Bid No. 21-012 9. Award of Contract to Bellingham Marine Industries, Inc., for the Dock Repair Project ORDINANCES FOR INTRODUCTION: None ORDINANCES FOR ADOPTION: 10. Second Reading and Adoption of Ord. 847 entitled "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." City Manager's Recommendation: It is recommended that the City Council adopt Ordinance No. 847. PUBLIC HEARINGS: 11. Variance21-001; a Request to Allow a Mailroom Structure to Observe a Reduced Front Yard Setback at 12421 Aria Court. APN: 317-534-43 3 of 4 City Manager's Recommendation: It is recommended that the City Council take public input close the public hearing and adopt the Resolution. Regular City Council Meeting May 4, 2021 STAFF REPORTS: 12. Los Penasquitos Lagoon Restoration Project City Manager's Recommendation: It is recommended that the City Council receive the report, authorize the City Manager to execute the Phase I Cost Share Agreement for the Los Penasquitos Lagoon Restoration Project, and authorize the City Manager to appropriate funds. 13. Pre-Development Conference 21-002, a Request for Review of a Proposal to Amend the Old Coash Estates Specific Plan to Designate Portions of a Remainder Parcel as Residential, Establish Development Standards for a Six-Lot Subdivision on a Property Located North of the Intersection of Espola Road and Old Coach Road, and Allow for the Development of One Residential Unit East of Old Coach Road and Approximately One Mile North of Espola Road City Manager's Recommendation: It is recommended that the City Council provide input and direction regarding the request. WORKSHOPS: 14. Review of the Draft 2020-2029 Housing Element Update and Submittal of Draft to the California Department of Housing and Community Development for 60-Day Review City Manager's Recommendation: It is recommended that the City Council provide feedback to staff regarding the Draft Housing Element and authorize the Draft Housing Element to be submitted to HCD for 60-day review with any requested modifications. COUNCIL-INITIATED ITEMS: None COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) CITY MANAGER ITEMS: CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) AD!OURNMENT State of California County of San Diego ) ) 55. ) AFFIDAVIT OF POSTING I, Vaid a Pavo/as, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on April 27, 2021 at 4:00 p.m. Said meeting to be held at 7:00 p.m., May 4, 2021, in the Poway City Council Chambers, 73325 Civic Center Dr)u Po ay, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. 4 of 4 Regular City Council Meeting May 4, 2021 AGENDA REPORT CityofPoway DATE: TO: FROM: May 4, 2021 Honorable Mayor and Members of the City Council Vaida Pavolas, City Clerk 'If' (858) 668-4535 or vpavolas@poway.org CITY COUNCIL SUBJECT: Approval of the April 6, 2021 Regular City Council Meeting Minutes Summary: The City Council Meeting Minutes submitted hereto for.approval are: • April 6, 2021 Regular City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency. Recommended Action: It is recommended that the City Council approve the April 6, 2021 Regular City Council Meeting Minutes. Public Notification: None. Attachments: A. April 6, 2021 Regular City Council Meeting Minutes Reviewed/ Approved By: Assistant City Manager 1 of7 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager May 4, 2021, Item #2 ATTACHMENT ANOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES April 6, 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 Mayor Vaus presented a proclamation to the Poway Valley Senior Citizens Corporation for their support, generosity and commitment to our older adults and seniors and their donation of $75,528 in kitchen equipment to the new Mickey Cafagna Community Center. PUBLIC COMMENT 2 of7 May 4, 2021, Item #2 City of Poway -Minutes -April 6, 2021 Joe St. Lucas, via teleconference, inquired about Fourth of July fireworks. Yuri Bohlen, via teleconference, spoke regarding local preference for the Villa De Vida units. Michael Rennie, via teleconference, introduced Poway OnStage's Virtual Field Trip, Introduction to Instruments. CONSENT CALENDAR Motioned by Mayor Vaus, seconded by Councilmember Grosch to approve Consent Calendar Items 1 through 7. Motion carried by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Mullin, Frank, Grosch, Leonard, Vaus None None None None 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the March 2, 2021 Regular City Council Meeting Minutes 3. Adoption of Resolution No 21-015 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) to Continue the Existence of a Local Emergency Global Pandemic" 4. Award of Agreement with Duke's Root Control Inc. for Sanitary Sewer Chemical Control Services 5. Acceptance of the Annual Trash Capture Program; Bid No. 21-003 with Bio Clean Environmental Services, Inc. as Complete 6. Adoption of Resolution No. 21-016 entitled "A Resolution of the City Council of the City of Poway, California, Accepting an Offer to Dedicate a Utility Easement on Dos Amigos Trail on City of Poway Parcel Map 16504" 7. Extension of the Fiscal Year 2018-2019 Street Overlay Project Contract for the Fiscal Year 2020-2021 Street Maintenance Project; Bid No. 19-013 (Second Amendment) with SRM Contracting and Paving, Inc. ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION None. PUBLIC HEARINGS None. 3 of7 May 4, 2021, Item #2 City of Poway -Minutes -April 6, 2021 STAFF REPORTS 8. Pre-Development Conference (PDC) 21-001, a Request for a 20-Lot Subdivision that Extends Holly Oak Way and Utilizes an Affordable Housing Density Bonus on a 4. 77-Acre Parcel Located at 13667 Twin Peaks Road in the RS-4 Zone Associate Planner Scott Nespor presented the report outlining the proposed residential subdivision along with a PowerPoint presentation. Mr. Nespor clarified that the Council would not be rendering a decision and any feedback provided is advisory only. He explained that the applicant will provide one deed-restricted affordable housing unit which qualifies the project for a State density bonus allowing the developer to create five additional residential lots for the project. To accommodate the five additional units, Mr. Nespor added that the developer is requesting concessions to deviate from development standards that include the reduction of the minimum lot size and a reduction of side yard setback requirements to allow the additional units. He further explained that the applicant proposes to extend Holly Oak Way to provide access to the subdivision, however, in response to opposition received at the January 23, 2021 neighborhood meeting, the applicant prepared an alternate plan for a new cul-de-sac with access from Twin Peaks Road. Since the agenda item was a PDC, Mr. Nespor noted a traffic study was not required. He added that the properties which take access from Holly Oak Way have Deed Covenants recorded on their titles advising future property owners of a future extension to Holly Oak Way. City Attorney Alan Fenstermacher clarified that State density bonus laws require the City to allow an increase in density and waive or allow a reduction in development standards as it relates to lot sizes and setbacks if requested. Jack Robson, Vice President of Planning and Land Development, and Ure Kretowicz, CEO of Cornerstone Communities, presented an overview of the proposal along with a PowerPoint presentation. The following speakers submitted email correspondence in opposition to the proposed project: Allan Preckel, Quoc Vuong, Jeff McGinn and Cary & Dany Gann. The following speakers spoke, via teleconference, in opposition to the proposed project: Keith Kezer, Jeff McGinn, Jim Bunner, Donna Kent, Fred Zuill, Yuri Bohlen and Mark. In response to public comment, the applicant clarified that the preference is to access the development from Holly Oak Way. In response to public comment, Mr. Fenstermacher clarified that density bonus is based off a mathematical formula written in the State statute. He added that the applicant has not proposed any concessions or incentives at this time. Council discussion ensued regarding the State's affordable housing laws and the limited discretion on the City's development standards. Council provided feedback to staff and the applicant to evaluate access to the site and conduct a traffic study regarding access from Twin Peaks Road. 9. Poway Center for the Performing Arts (PCPA) Workshop 4of7 May 4, 2021, Item #2 City of Poway -Minutes -April 6, 2021 Assistant City Manager Wendy Kaserman presented the report along with a PowerPoint presentation. Ms. Kaserman provided an overview of the previously held PCPA workshops to discuss different operating models and opportunities to reduce the annual General Fund subsidy. Although the PUSD expressed an interest in potentially acquiring the PCPA, there was a strong community interest received for the City to maintain operational control of the PCPA. She explained that in July 2020, the Mayor appointed Deputy Mayor Leonard and Councilmember Grosch to a new PCPA ad hoc committee to meet with user groups and report back to Council on their findings. Ms. Kaserman continued to explain that at the December 1, 2020 City Council meeting, the PCPA ad hoc committee reported out that they recommended the City pause negotiations with PUSD for their potential acquisition of the PCPA and directed staff to work with the ad hoc committee and user groups to develop a more financially sustainable operating model. As a result of this direction, she noted that staff and the PCPA ad hoc committee has had several meetings with the user groups and stakeholders to discuss ideas and opportunities to transition to a more fiscally sustainable operating model, as well as fund capital improvements and improve operational efficiency. In order to transition the PCPA to a more financially sustainable operating model, Ms. Kaserman explained that staff is seeking Council's direction regarding several decision points including the use and use policy of the facility, cost recovery methods and fee structures, potential for negotiating new joint use agreements with Poway OnStage (POS) and Poway Unified School District (PUSD), interest in conducting a feasibility study for fundraising opportunities, and formation of an advisory arts committee comprised of Poway residents. Representing the PCPA ad hoc committee, Councilmember Leonard and Councilmember Grosch briefly spoke regarding their meetings with the user groups and stakeholders. The following speakers submitted email correspondence in support of the PCPA: Terry & Virginia Bucknum, Debbora Childress, Shirley & Bill Flittie, Kristine Griffin, Marilyn Harding, Joyce Heyn, Linda Kent, Lisa Lewis, Joan Natoli: Sue Robertson, Reuben Sttergren, Joanne Stohs, Michelle Sund, Lisa Roleson, Robert Will, Martin O'Connor, Romona Smith, Leah Swearingen, Brenda Tomaras, Kathie Urban, Jody Campillo, Yolanda & Richard Emery, Wayne Hamburger & Sharon Losnick, Jesse Velasquez, Kelly Hammel, Zeena Gregg, Don Lyons, Alan Ziter, Rachel McCarthy, Mary Karscig, Robert Thomas, Doug Dawson, Mark & Virginia Mahigian, Janet Lettang, James Reid and Kate Hirsch. The following speakers spoke via teleconference in support of the PCPA: Bo Matthys, Janet Lettang, James Reid, Jim Hyldahl, Jana Johnson, Michael Rennie, Toby Batley, Kate Hirsch and Yuri Bohlen. Ms. Kaserman presented detailed questions for Council to provide input and direction on. Council discussion ensued. In regards to the use and use policy, Council provided direction to staff to 1) maintain the current policy that the priority use of the PCPA is arts and education programming; 2) revise the existing use policy to allow all three user groups more equitable access and more advanced confirmation of calendar dates; 3) expand the use policy to allow for uses outside of arts and education programming including private social functions, business and religious uses; and 4) expand the number of days the PCPA is available for public use, including opening in the summer. 5 of7 May 4, 2021, Item #2 City of Poway -Minutes -April 6, 2021 In regards to cost recovery, Council provided direction to staff to 1) reduce the annual subsidy in half by Fiscal Year 2022-23; 2) maintain the two existing fee categories, one for private business, and one for non-profit; Council also expressed interest in exploring discounted rates for Poway user groups, as well as potentially peak and off-peak rates.3) establish different rates for private functions versus arts and education; and 4) engage a professional fee consultant, with expertise in cost recovery, to develop fees consistent with the cost recovery and capital funding direction provided to staff. In regards to agreements with user groups, Council provided direction to staff to 1) & 2) negotiate a one-year temporary new agreement with POS without a direct cash subsidy; 3) explore the option of informally soliciting proposals for booking services, as well as explore the possibility of hiring a staff person for event booking; and 4) negotiate a new agreement with PUSD. Council noted that the overall goals of renegotiated agreements are more equitable cost sharing. Additionally, in regard to whichever option is selected for booking the professional performance series, Council expressed interest in exploring new revenue options that could include revenue sharing. In regards to fundraising, Council provided direction to staff to 1) have the City staff engage the services of a professional fundraiser to conduct a feasibility study to explore the feasibility of either a capital campaign and/or fundraising for a new endowment, including the formation of a stakeholder committee. Council also directed staff to gather more information about the offer from the McCarthy Foundation to fund the feasibility study to ensure that prior to accepting the funds, the City was aware of any obligations that came with the funding; and 2) do not pursue the formation of an advisory arts committee at this time, however the ad hoc committee, comprised of Deputy Mayor Leonard and Councilmember Grosch, can continue to meet. Council provided direction to staff to 1) research similar performing arts venues to research best practices in place at other facilities that may help improve the efficiency of PCPA operations, reducing the operating subsidy, and generate funding for major capital projects. 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. CITY MANAGER ITEMS: None. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) 10. Conference with Legal Counsel -Anticipated Litigation -added on 3130/21 at 4:40 p.m. 6 of7 May 4, 2021, Item #2 City of Poway -Minutes -April 6, 2021 Government Code§ 54956.9(d)(2) -one (1) case Mr. Fenstermacher announced that there was no reportable action taken at Closed Session held March 18, 2021 . At his request, Mayor Vaus adjourned the meeting into Closed Session at 10:39 p.m. City Council came out of Closed Session at 10:53 p.m. ADJOURNMENT The meeting adjourned at 10:54 p.m. 7 of7 Vaida Pavolas, CMC City Clerk City of Poway, California May 4, 2021, Item #2 May 4, 2021, Item #3DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway May 4, 2021 Honorable Mayor and Mem~.. rs 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, April 6 and April 20. The adopted resolution requires the City Council 1 of 5 May 4, 2021, Item #3to either continue 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 20, 2021, City costs to respond to COVID-19 are estimated at $869,026. This amount differs from the amounts in the COVID-19 Economic Update staff report presented to Council on September 15, 2020 primarily because the amounts listed here relate to FEMA eligible expenditures. The total fiscal impact is unknown at this time. Per the City Council adopted General Fund Reserve policy, the City maintains a General Fund Reserve of 45 percent of the budgeted annual General Fund operating expenditures, or $19,233,004 as of June 30, 2020, net of the $2,000,000 used from the Extreme Events/Public Safety reserve the City Council approved on April 16, 2020 to fund the Poway Emergency Assistance Recovery Loan (PEARL) program. The PEARL program is discussed in more detail below. Within that 45 percent, $12,142,455 is set aside for Extreme Events/Public Safety. Based upon the City's reserve policy, there are adequate reserves to cover the costs to respond to this health emergency. Further, staff believes some of the costs are recoverable under State and Federal Disaster programs. Amounts recovered under these programs will be used to replenish the General Fund reserve. Pursuant to the reserve policy, staff will return with a plan to replenish any General Fund reserves not replenished under a State or Federal Disaster program. Staff will recommend applicable budget adjustments prior to the completion of the current fiscal year. In addition to using reserves to respond to COVID-19, as mentioned above, on April 20, 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 20, 2021, staff has received 80 applications requesting $2,912,165 in loans. Based on staff's review, 35 loans totaling $1,385,326 have been approved. The reserve fund will be replenished from the repayment of PEARL loans over a three-year period following the end of the local COVID-19 emergency. This period falls within the General Fund Reserve Policy's direction to fully replenish reserves within five years of use. Public Notification: None. Attachments: A. Resolution B. Proclamation of Local Emergency Reviewed/ Approved By: Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney App roved By: Ch(4Q City Manager May 4, 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, April 6 and April 20; 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 May 4, 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 4th day of May, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 4 ofS May 4, 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 May 4, 2021, Item #4--AGENDA REPORT City of Poway .,__¢· DATE: TO: FROM: CONTACT: SUBJECT: Summary: May 4, 2021 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works ~ CITY COUNCIL Troy DePriest, Assistant Director of Public Works for Utilities •fIJP (858) 668-4750 or tdepriest@poway.org Award of Bid for the Annual Supply of Chemicals for the Lester J. Berglund Water Treatment Plant; Bid No. 21-023 A notice inviting bids for the Annual Supply of Chemicals for the Lester J. Berglund Water Treatment Plant for Fiscal Years 2021-22 and 2022-23 was duly advertised on March 25, and April 1, 2021. Bid specifications allowed the City to award one or more of each chemical bid to the same vendor or separate vendors and to reject any or all bids or all items. The term of each contract is for two years beginning July 1, 2021, and ending June 30, 2023, with an escalation of price in the second year of the term based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 3.5%, whichever is less. The contracts may be extended by up to three one-year terms. Bids were opened April 8, 2021, with eleven (11) vendors submitting bids. Six (6) vendors were determined to be the lowest responsive bidders for seven (7) chemicals specified in the bid: Hill Brothers Chemical Company (Aqua Ammonia); Carus LLC (Liquid Permanganate); Univar Solutions USA, Inc. (Sodium Hydroxide & Liquid Aluminum); JCI Jones Chemicals Inc. (Liquid Chlorine); Polydyne, Inc. (Cationic Coagulant); and CalCHEM Enterprises, Inc. (Aluminum Chlorohydrate). No bids were received for the Ammonium Calcium Nitrite Double Salt chemical. Staff will solicit quotes for the Ammonium Calcium Nitrite Double Salt chemical next fiscal year. Recommended Action: It is recommended that the City Council award the bids for the Annual Supply of Chemicals for the Lester J. Berglund Water Treatment Plant, Bid No. 21-023 to the six (6) lowest responsive bidders: Hill Brothers Chemical Company (Aqua Ammonia) $12,754.16; Carus LLC (Liquid Permanganate) $30,060.80; Univar Solutions USA, Inc. (Sodium Hydroxide & Liquid Aluminum) $176,646; JCI Jones Chemicals, Inc. (Liquid Chlorine) $63,710.40; Polydyne, Inc. (Cationic Coagulant) $28,560; and CalCHEM Enterprises, Inc. (Aluminum Chlorohydrate) $88,640 and authorize the City Manager to execute the necessary documents. 1 of66 May 4, 2021, Item #4Discussion: The City of Poway operates and maintains a water utility system. Raw water is purchased from the San Diego County Water Authority and treated at the City-owned and operated Lester J. Berglund Water Treatment Plant, then distributed to all Poway customers. Within the treatment facility, all water is treated and disinfected utilizing chemicals in accordance with standards set by state and federal regulations and the American Water Works Association. Staff receives delivery of approximately 880 tons of chemicals annually. In accordance with the City's purchasing policy, staff solicited bids for the provision of chemicals, which includes delivery of the chemicals. Eleven (11) sealed bids were opened on April 8, 2021. The lowest responsive bidders for each type of chemical specified are summarized in the table below. BIDDER CHEMICAL BID UNIT BID BID TOTAL Hill Brothers Chemical Aqua Ammonia $0.705/gal x 18,091 $12,754.16 Company JCI Jones Chemicals, Inc. Liquid Chlorine $663.65/ton x 96 $63,710.40 Univar Solutions USA, Inc. Sodium Hydroxide $444.00/ton x 234 $103,896.00 Polydyne, Inc. Cationic Organic $1,360.00/ton x 21 $28,560.00 Coagulant Aid Univar Solutions USA, Inc. Liquid Alum $375.00/ton x 194 $72,750.00 Carus LLC Liquid Permanganate $13.664/gal x 2,200 $30,060.80 CalCHEM Enterprises, Inc. Aluminum Chlorohydrate $554.00/ton x 160 $88,640.00 The City has an annual budget of approximately $494,485.00 for water treatment chemicals. Staff recommends authorizing the purchase of the various chemicals listed above from the respective bidders under a two (2) year sale and purchase of goods and materials contract, with the option to renew for up to three (3) one-year terms. The chemicals will be delivered by the awarded vendors to the City's treatment plant as needed throughout the term of this bid award. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Sufficient funds to award the responsive bids, as identified in this report, are included with the proposed Fiscal Year 2021-22 Budget (402060-45200) for consideration by Council on June 15, 2021. Award of contracts are contingent upon adoption of the proposed budget. Public Notification: None. 2 of66 May 4, 2021, Item #4Atta ch ments: A Hills Brothers Chemical Company Sale and Purchase of Goods and Materials Contract B. JCI Jones Chemicals, Inc. Sale and Purchase of Goods and Materials Contract C. Univar Solutions USA Inc. Sale and Purchase of Goods and Materials Contract D. Polydyne, Inc. Sale and Purchase of Goods and Materials Contract E. Carus LLC Sale and Purchase of Goods and Materials Contract F. CalCHEM Enterprises Inc. Sale and Purchase of Goods and Materials Contract Reviewed/ Approved By: W~ndy-'Kaserman Assistant City Manager 3 of66 Reviewed By: Alan Fenstermacher City Attorney Approved By: cfk2 City Manager May 4, 2021, Item #4CITY OF POWAY CONTRACT FOR THE SALE AND PURCHASE OF GOODS AND MATERIALS This Contract, entered into this First day of July, 2021, by and between the CITY OF POWAY, a general law city and municipal corporation (the "City"}, and Hill Brother Chemical Company, (the "Seller"). 1. Sale and Purchase. Seller will sell, transfer and deliver to City, and City will accept and purchase from Seller at the locations identified in Section 4, below, and in Bid Schedule, attached hereto as Exhibit "A" and made part hereof, all of the goods, materials and other items in such quantities as City may require, of such specified sizes, quality and types, classifications, and minimum order for each shipment, as defined by the Department of Public Works, and as are identified in Bid Schedule. The initial length of the City of Poway contract will be two (2) years, beginning July 1, 2021 and ending on June 30, 2023. This contract may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Seller. 3. Price. Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in Bid Schedule for the first year of the contract, with an escalation of price in the second year of the contract based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 3.5%, whichever is less. Price to include any State or Federal fees e.g. CA Mill assessment fee. 4. Payment. The City shall make payment within 30 days of receipt of invoice after delivery of product. Payment shall be considered as having been made upon the date such payment is deposited in the U.S. Mail, first-class postage pre-paid and addressed to Seller. 5. Delivery. Delivery shall be to the City of Poway Lester J. Berglund Water Treatment Plant at 14521 Lake Poway Road, Poway, CA 92064, as needed. Deliver Hours are Monday-Friday from 7:00 a.m. to 2:00 p.m. and per the requirements of the bid document. 4of66 ATTACHMENT A May 4, 2021, Item #46. Supply and Output Capability of Seller. If Seller is unable for any reason to supply City's requirements, Seller shall immediately notify City and provide its best estimate of the delivery and installation, as it may apply. City may, at its sole and exclusive option, notify Seller in writing of City's decision to terminate the order without liability. If the inability to supply City with its needs is not due to the negligence or faults of Seller, and Seller has notified City in writing as soon as Seller discovers the circumstances necessitating a revised delivery date, the termination of the order shall not entitle City to any damages. 7. Claims. The shipment will be FOB Poway, CA at the address set forth in Section 4 above, with all delivery charges and claims for damage in route are the responsibility of the Seller. Evident damage to any shipment will be indicated by a notation, which will, with the exception of concealed damages, be made by the carrier's agent on the delivery receipt before the receipt is signed for acceptance. The notation must clearly specify the extend of damage. Concealed damage must be reported to the carrier within 15 days deliver. 8. Assignment and Delegation: Successors. Neither Seller nor City shall assign any rights or delegate any obligations to the Contract without express written approval and acceptance of the other party. Any such assignment or delegation without express written approval and acceptance shall be null and void. All terms, conditions and provisions of this Contract, the Seller's Bid, and the San Diego RFP shall inure to and bind each of the parties hereto, and each of their successors in interest, executors, and administrators. 9. Indemnification. Seller agrees to indemnify, defend by an attorney of the City's own choice, and hold harmless, the City, and its elected and appointed officers, agents and employees (the "lndemnitees") against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, 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 or allegedly caused by the City's use of the product or installation services sold by seller to City, provided that City has not altered or tampered with such product in any way and has used such product in accordance with Seller's or manufacturer's instructions and warnings. 5 of66 May 4, 2021, Item #4If any action or proceeding is brought against lndemnitees by reason of any of the matters against which Seller has agreed to indemnify lndemnitees as provided above, Seller, upon notice from City, shall defend lndemnitees at Seller's expense in the manner set forth above in this Section 9. lndemnitees need not have first paid for any of the matters to which lndemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Seller shall ensure Seller's obligations under this section, but the limits of such insurance shall not limit the liability of Seller hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement. The provisions of this section do not apply to Claims occurring as a result of this City's sole negligence or willful acts or omissions. The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage. 10. Seller's Insurance. The City shall be named as an additional insured with the bidder. Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, the minimum requirements are as follows: • Comprehensive General Liability: $1,000,000 Bodily Injury & Property Damage combined each occurrence and $2,000,000 aggregate; • Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 Combined Single Limit coverage; • Workers' Compensation insurance: Per the statutory amount. Each policy is to provide 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. Upon request by City prior to the time of Award of Contract, the bidder agrees to promptly provide City with letters from insurance companies meeting the requirements of the contract documents verifying that they are prepared to issue insurance to bidder meeting all requirements of the contract documents. The failure of bidder to provide City with insurance meeting all requirements of the contract documents within 15 calendar days after the Award of Contract shall constitute a material breach of the contract, entitling City to terminate the contract. All bonds and all insurance shall meet the following standards. The issuing company: 6 of66 May 4, 2021, Item #4a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and b. Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken. In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation. (See City Council Resolution 90-082.) 11. Integration. The terms of this Contract are intended by the parties to be the final expression of the parties' agreement with respect to such terms and also as a complete and exclusive statement of such terms. There are no oral or written agreements other than this Contract, and the Seller's Bid. However, in the event of any conflict between the written expressions of this Contract and the Seller's Bid, the terms and interpretations given to the provisions of this writing shall prevail. 12. Applicable Law. The order shall be governed by the laws of the State of California. Any legal action brought to enforce the terms and conditions of this Agreement shall be filed in a court of competent jurisdiction with San Diego County. Seller hereby waives any right to remove any action from San Diego County as is otherwise provided in California Code of Civil Procedure Section 394. In the event any legal action is taken by either party to this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs from the other party. [Remainder of Page Left Blank Intentionally] 7 of66 May 4, 2021, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-------------Chris Hazeltine, City Manager Date: ------------ATTEST: Vaida Pavolas, CMS City Clerk APPROVED AS TO FORM: By: __________ _ Alan Fenstermacher, City Attorney Attachments: Exhibit A -Bid Schedule 8 of66 SELLER: Hill Brother Chemical Company By: ___________ _ Name, Title Date: ------------ May 4, 2021, Item #4PROPOSAL FOR WATER TREATMENT PLANT CHEMICALS Pursuant to and in compliance with the notice inviting sealed bids, the undersigned bidder proposes and agrees to supply: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 in accordance with these specifications, instructions and conditions to the City of Poway in the time, form and manner provided by law at the bid prices herein. Firm Name: ~s {!ili:,1'\i11cAL CoMDkNY By: (signature) {--------------Name and Title: fi<:ArJ( /tt.,/t,Z) -(Please print) f&'Qto/J/i<L-S~":> MPmf MfrZ Address: :!f)oo €Asr fbl ((CJJ ST. * ID<b Telephone: Fax: Email Address: ~ !Ari i) hi 11 brol-htf s , wrn Company State of California Business Registration Number: k O l li 213 3 Please use https://businesssearch.sos.ca.gov/ 9 of66 May 4, 2021, Item #4EXHIBIT A BID SCHEDULE ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 To be completed by bidder. If bidding more than one chemical, please make additional copies of pages 20 and 21 as the bid requires one sheet per each Chemical being bid. Please indicate NO BID In table below for chemicals that are not included in your bid by placing an X in the column on the right. (Include chemical analysis of each product being bid) CHEMICAL UNIT QUANTITY UNIT TOTAL NO BID DESCRIPTION PRICE (X) Liquid Chlorine 2: 99.5% TON 96 $ $ ~ 50% Sodium Hydroxide 234 $ $ Y. (dry tons) TON 20% Aqua Ammonia GAL 18,091 $ "' 71J S' $12., 7S"I/. ,, 20% Liquid Permanganate GAL 2,200 $ $ (8 Totes @ 275 Gal) X Alum 8.0% Al2Q3 ( dry TON 194 $ $ X tons) *Cationic Organic TON 21 $ $ )( Coagulant Aid 50% Aluminum Chlorohydrate TON 160 $ $ )( Ammonium Calcium Nitrite GAL 12,000 $ $ 'x Double Salt Please note: All costs for delivery are to be borne by the bidder. *For bidders of Cationic Organic Coagulant an approximate 500 ml sample of your product is due by 4/5/2021 for the City to perform their own jar bell test on your product. Submit it to 14467 Lake Poway Rd, Poway, CA 92064 and label it with the Bid No. 21-023. LIQUID CHLORINE TOTAL AMOUNT OF BID IN FIGURES:$ LIQUID CHLORINE TOTAL AMOUNT OF BID IN WORDS: ___________ _ _________________ DOLLARS and _______ CENTS 10 of 66 May 4, 2021, Item #4SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN FIGURES:$ _________ _ SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN WORDS: _________ _ ___________ DOLLARSand ___________ CENTS AQUA AMMONIA TOTAL AMOUNT OF BID IN FIGURES: $_1_2 ___ ,_1_S_'/_._/_'1 _____ _ AQUA AMMONIA TOTAL AMOUNT OF BID IN WORDS: 7~eL ve /H~usAJJl> StiY11~ _J-/tu'V'/JAt/J F1PTY-F~uA DOLLARS and SJ X t:6t!N CENTS LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN FIGURES:$ _______ _ LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN WORDS: ________ _ ______________ DOLLARSand _________ CENTS ALUM TOTAL AMOUNT OF BID IN FIGURES:$. ______________ _ ALUM TOTAL AMOUNT OF BID IN WORDS: _______________ _ ______________ DOLLARS and _________ CENTS CATIONIC COAGULANT TOTAL AMOUNT OF BID IN FIGURES:$ ________ _ CATIONIC COAGULANT TOTAL AMOUNT OF BID IN WORDS: ________ _ ______________ DOLLARS and _________ CENTS ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN FIGURES:$ ______ _ ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN WORDS: ______ _ ______________ DOLLARS and _________ CENTS BIOXIDE TOTAL AMOUNT OF BID IN FIGURES: $ ______ _ BIOXIDE TOTAL AMOUNT OF BID IN WORDS: _____________ _ _______ DOLLARS and _________ CENTS [Remainder of Page Left Blank Intentionally] 11 of 66 May 4, 2021, Item #4PRICES SHALL BE FIRM FROM DATE OF AWARD OF BID THRU JUNE 30. 2023 DEMURRAGE POLICY: (Show Item tor Reference) -------"--",J'-#-/_8"---------• *************************************************************************************************** Please print except where signature is required. COMPANY NAME: MAIL ADDRESS: CITY/STATE/ZIP: BILLING/REMIT ADDRESS: CITY/STATE/ZIP: TELEPHONE/FAX: _H, LL Grz.oufds Ct¼M, CAL Col\1PAzJ '/ ,?fJOo f"AsT 6r(CJI S-f, ~IO<t> I -------------AccouNT REPRESENTATIVE: _____ :ft~o_M __ & __ kt .............. tl ___ .D ________ _ EMAIL ADDRESS: 1r..s. CoWl AUTHORIZED SIGNATURE: NAME: TITLE: EMAIL ADDRESS: 12 of 66 May 4, 2021, Item #4NON-COLLUSION AFFIDAVIT To the City Council, City of Poway, California: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the contract, for: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. ##--###-?2\)00 ~-b,9-.~'s\ ~.~,~% Q--J9-,c.p.._., e:J\. C\'li1.-, 81 ,sioess Address \\,\LL ~ Q.JYS \\~~ ~ C_ \\c_S::\ \~f\L ~'"" Q ~No\\ Company Name -. ~~~~ ~-de l siQnai~nrnf~ Subscribed and sworn before me this ___ day of ________ _ at ____________ ,CA. c)'J? ~~ \.,y ublic in and for the County of ____ __., tate of California. My Commission ExP,i / (This affid · shall be executed by the successful bidder in accordance with instructions in the f: eral Requirements, but bidder may execute the affidavit on this page at the time of ~mitting bid.) 13 of 66 May 4, 2021, Item #4CALIFORNIA JURA T WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ~ See Attached Document (Notary to cross out lines 1-6 below) □ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of \)CO..<'\~ !.,:. c~~222 ! I . WJrNCY ruaJC-CAUFORNIA ~ -·· OMNCE COUNTY 1,· · -~Canffl.EliprwSapl.12.2021 J Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this ?,O~ day of {Y\~q..c_'\,\., , 20~ by Date Month Year (1) ~Q..~"-. ~ \'-1.-¼~~~\....~ ~'-~~ '\ (and (2) ____________ ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signatu~. ~~ Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _______________ Document Date: _____ _ Number of Pages: __ Signer(s) Other Than Named Above: ______________ _ ~~~~~~~rn~mm~m~~ ©2014 National Notary Association • www .National Notary .org • 1-800-US NOTARY (1-800-876-6827) Item #591 0 14 of 66 May 4, 2021, Item #4CITY OF POWAY CONTRACT FOR THE SALE AND PURCHASE OF GOODS AND MATERIALS This Contract, entered into this First day of July, 2021, by and between the CITY OF POWAY, a general law city and municipal corporation (the "City"), and JCI Jones Chemicals, Inc., (the "Seller"). 1. Sale and Purchase. Seller will sell, transfer and deliver to City, and City will accept and purchase from Seller at the locations identified in Section 4, below, and in Bid Schedule, attached hereto as Exhibit "A" and made part hereof, all of the goods, materials and other items in such quantities as City may require, of such specified sizes, quality and types, classifications, and minimum order for each shipment, as defined by the Department of Public Works, and as are identified in Bid Schedule. The initial length of the City of Poway contract will be two (2) years, beginning July 1, 2021 and ending on June 30, 2023. This contract may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Seller. 3. Price. Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in Bid Schedule for the first year of the contract, with an escalation of price in the second year of the contract based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 3.5%, whichever is less. Price to include any State or Federal fees e.g. CA Mill assessment fee. 4. Payment. The City shall make payment within 30 days of receipt of invoice after delivery of product. Payment shall be considered as having been made upon the date such payment is deposited in the U.S. Mail, first-class postage pre-paid and addressed to Seller. 5. Delivery. Delivery shall be to the City of Poway Lester J. Berglund Water Treatment Plant at 14521 Lake Poway Road, Poway, CA 92064, as needed. Deliver Hours are Monday-Friday from 7:00 a.m. to 2:00 p.m. and per the requirements of the bid document. ATTACHMENT B 15 of 66 May 4, 2021, Item #46. Supply and Output Capability of Seller. If Seller is unable for any reason to supply City's requirements, Seller shall immediately notify City and provide its best estimate of the delivery and installation, as it may apply. City may, at its sole and exclusive option, notify Seller in writing of City's decision to terminate the order without liability. If the inability to supply City with its needs is not due to the negligence or faults of Seller, and Seller has notified City in writing as soon as Seller discovers the circumstances necessitating a revised delivery date, the termination of the order shall not entitle City to any damages. 7. Claims. The shipment will be FOB Poway, CA at the address set forth in Section 4 above, with all delivery charges and claims for damage in route are the responsibility of the Seller. Evident damage to any shipment will be indicated by a notation, which will, with the exception of concealed damages, be made by the carrier's agent on the delivery receipt before the receipt is signed for acceptance. The notation must clearly specify the extend of damage. Concealed damage must be reported to the carrier within 15 days deliver. 8. Assignment and Delegation: Successors. Neither Seller nor City shall assign any rights or delegate any obligations to the Contract without express written approval and acceptance of the other party. Any such assignment or delegation without express written approval and acceptance shall be null and void. All terms, conditions and provisions of this Contract, the Seller's Bid, and the San Diego RFP shall inure to and bind each of the parties hereto, and each of their successors in interest, executors, and administrators. 9. Indemnification. Seller agrees to indemnify, defend by an attorney of the City's own choice, and hold harmless, the City, and its elected and appointed officers, agents and employees (the "lndemnitees") against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, 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 or allegedly caused by the City's use of the product or installation services sold by seller to City, provided that City has not altered or tampered with such product in any way and has used such product in accordance with Seller's or manufacturer's instructions and warnings. 16 of 66 May 4, 2021, Item #4If any action or proceeding is brought against lndemnitees by reason of any of the matters against which Seller has agreed to indemnify lndemnitees as provided above, Seller, upon notice from City, shall defend lndemnitees at Seller's expense in the manner set forth above in this Section 9. lndemnitees need not have first paid for any of the matters to which lndemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Seller shall ensure Seller's obligations under this section, but the limits of such insurance shall not limit the liability of Seller hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement. The provisions of this section do not apply to Claims occurring as a result of this City's sole negligence or willful acts or omissions. The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage. 10. Seller's Insurance. The City shall be named as an additional insured with the bidder. Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, the minimum requirements are as follows: • Comprehensive General Liability: $1,000,000 Bodily Injury & Property Damage combined each occurrence and $2,000,000 aggregate; • Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 Combined Single Limit coverage; • Workers' Compensation insurance: Per the statutory amount. Each policy is to provide 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. Upon request by City prior to the time of Award of Contract, the bidder agrees to promptly provide City with letters from insurance companies meeting the requirements of the contract documents verifying that they are prepared to issue insurance to bidder meeting all requirements of the contract documents. The failure of bidder to provide City with insurance meeting all requirements of the contract documents within 15 calendar days after the Award of Contract shall constitute a material breach of the contract, entitling City to terminate the contract. All bonds and all insurance shall meet the following standards. The issuing company: 17 of 66 May 4, 2021, Item #4a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and b. Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken. In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation. (See City Council Resolution 90-082.) 11. Integration. The terms of this Contract are intended by the parties to be the final expression of the parties' agreement with respect to such terms and also as a complete and exclusive statement of such terms. There are no oral or written agreements other than this Contract, and the Seller's Bid. However, in the event of any conflict between the written expressions of this Contract and the Seller's Bid, the terms and interpretations given to the provisions of this writing shall prevail. 12. Applicable Law. The order shall be governed by the laws of the State of California. Any legal action brought to enforce the terms and conditions of this Agreement shall be filed in a court of competent jurisdiction with San Diego County. Seller hereby waives any right to remove any action from San Diego County as is otherwise provided in California Code of Civil Procedure Section 394. In the event any legal action is taken by either party to this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs from the other party. [Remainder of Page Left Blank Intentionally] 18 of 66 May 4, 2021, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-------------Chris Hazeltine, City Manager Date: ------------ATTEST: Vaida Pavolas, CMS City Clerk APPROVED AS TO FORM: By: __________ _ Alan Fenstermacher, City Attorney Attachments: Exhibit A -Bid Schedule 19 of 66 SELLER: JCI Jones Chemicals, Inc. By:-------------Name, Title Date: ------------ May 4, 2021, Item #4EXHIBIT A PROPOSAL FOR WATER TREATMENT PLANT CHEMICALS Pursuant to and in compliance with the notice inviting sealed bids, the undersigned bidder proposes and agrees to supply: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 in accordance with these specifications, instructions and conditions to the City of Poway in the time, form and manner provided by law at the bid prices herein. Firm Name: By: (signature) Name and Title: (Please print) Address: Telephone: Fax: Email Address: ;;r;;;slnc. Tim Ross, VP West Coast, Branch Manager 1401 Del Amo Blvd. Torrance, CA 90501 310-523-1629 310-523-2944 tross@jcichem.com Company State of California Business Registration Number: _C_1_8_5_73_3_1 _____ _ Please use https://businesssearch.sos.ca.gov/ 19 20 of 66 May 4, 2021, Item #4EXHIBIT A BID SCHEDULE ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 To be completed by bidder. If bidding more than one chemical, please make additional copies of pages 20 and 21 as the bid requires one sheet per each Chemical being bid. Please indicate NO BID In table below for chemicals that are not included in your bid by placing an X in the column on the right. (Include chemical analysis of each product being bid) CHEMICAL UNIT QUANTITY UNIT TOTAL NOBID DESCRIPTION PRICE (X) Liquid Chlorine ~ 99.5% TON 96 $ 663.65 $ 63,710.40 50% Sodium Hydroxide 234 $ $ (dry tons) TON Please see SE parate bid form 20% Aqua Ammonia GAL 18,091 $ $ X 20% Liquid Permanganate GAL 2,200 $ $ X (8 Totes @ 275 Gal) Alum 8.0% Al2Q3 (dry TON 194 $ $ X tons) *Cationic Organic TON 21 $ $ X Coagulant Aid 50% Aluminum Chlorohydrate TON 160 $ $ X Ammonium Calcium Nitrite GAL 12,000 $ $ Double Salt X Please note: All costs for delivery are to be borne by the bidder. *For bidders of Cationic Organic Coagulant an approximate 500 ml sample of your product is due by 4/5/2021 for the City to perform their own jar bell test on your product. Submit it to 14467 Lake Poway Rd, Poway, CA 92064 and label it with the Bid No. 21-023. LIQUID CHLORINE TOTAL AMOUNT OF BID IN FIGURES: $_63_,7_1_0_.4_0 ______ _ LIQUID CHLORINE TOT AL AMOUNT OF BID IN WORDS: ___________ _ __ S_ix_ty_-T_h_r_ee_T_ho_u_sa_n_d_S_e_v_e_n_H_un_d_re_d_T_e_n __ DOLLARSand ____ F_o_rt~y __ CENTS 21 of 66 May 4, 2021, Item #4SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN FIGURES: $ Please see separate bid form SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN WORDS: Please see separate bid form ____________ DOLLARS and ____________ CENTS AQUA AMMONIA TOTAL AMOUNT OF BID IN FIGURES: $ __ a _________ _ AQUA AMMONIA TOTAL AMOUNT OF BID IN WORDS: ___________ _ ____________ DOLLARS and ____________ CENTS LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN FIGURES: $ __ 0 ______ _ LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN WORDS: ________ _ ______________ DOLLARSand _________ CENTS ALUM TOTAL AMOUNT OF BID IN FIGURES: $ __ 0 ____________ _ ALUM TOTAL AMOUNT OF BID IN WORDS: _______________ _ ______________ DOLLARS and ___ _ CENTS ---CATIONIC COAGULANT TOTAL AMOUNT OF BID IN FIGURES: $_0 _______ _ CATIONIC COAGULANT TOTAL AMOUNT OF BID IN WORDS: ________ _ ______________ DOLLARS and _________ CENTS ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN FIGURES: $ __ 0 ____ _ ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN WORDS: ______ _ ______________ DOLLARS and __________ CENTS BIOXIDE TOTAL AMOUNT OF BID IN FIGURES: $ __ a ____ _ BIOXIDE TOTAL AMOUNT OF BID IN WORDS: ______________ _ DOLLARS and _________ CENTS [Remainder of Page Left Blank Intentionally] 22 of 66 May 4, 2021, Item #4PRICES SHALL BE FIRM FROM DATE OF AWARD OF BIO THRU JUNE 30, 2023 *************************************************************************************************** DEPOSIT POLICY: (Show Item tor Reference) No Depos ts DEMURRAGE POLICY: (Show Item tor Reference) Demurrage of $85.00 per hour is applied for any time on site beyond the two (2) hours allowed for delivery. *************************************************************************************************** Please print except where signature is required. COMPANY NAME: JCI Jones Chemicals Inc. MAIL ADDRESS: 1401 Del Amo Blvd. CITY/STATE/ZIP: Torrance, CA 90501 BILLING/REMIT ADDRESS: JCI Jones Chemicals Inc. CITY/STATE/ZIP: MSC# 729, P.O. Box 830674, Birmingham, AL 35283-0674 TELEPHONE/FAX: 310-523-1629 / 310-523-2944 -----------ACCOUNT REPRESENTATIVE: Cris Blomgren ----------------------EMAIL ADDRESS: cblomgren@jcichem.com AUTHORIZED SIGNATURE: NAME: Tim Ross TITLE: Vice President West Coast, Branch Manager EMAIL ADDRESS: tross@jcichem.com 23 of 66 May 4, 2021, Item #4NON-COLLUSION AFFIDAVIT To the City Council, City of Poway, California: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the contract, for: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT 1401 Del Amo Blvd. Torrance, CA 90501 Business Address Bid No. ##-### JCI Jones Chemicals Inc. Company Name Tim Ross Signature of Bidder Subscribed and sworn before me this 30 ·7Jt day _of __ t-.--_l ____ ltfl ______ Q}f__,I ...... -____ , 2021 at ·w {l/(/l~ Q.f, -------------------Crt118ta A. Blomgren COM.ISSION I 2323391 NOTARY PUBLIC · CAt.FORN~ LOS ANGELES COUNTY My Comm. E~: 9-M•-2024 My Commission Expires -r V , '/ Notary Public in and for the County of Lf)~ f+ A~ VL f () State of California. J.-j aA l!nl 9 , WJ../ f (This affidavit shall be executed by the successful bidder in accordance with instructions in the Federal Requirements, but bidder may execute the affidavit on this page at the time of submitting bid.) 24 of 66 May 4, 2021, Item #4CITY OF POWAY CONTRACT FOR THE SALE AND PURCHASE OF GOODS AND MATERIALS This Contract, entered into this First day of July, 2021, by and between the CITY OF POWAY, a general law city and municipal corporation (the "City"), and Univar Solutions Inc., a New York state corporation, (the "Seller"). 1. Sale and Purchase. Seller will sell, transfer and deliver to City, and City will accept and purchase from Seller at the locations identified in Section 4, below, and in Bid Schedule, attached hereto as Exhibit "A" and made part hereof, all of the goods, materials and other items in such quantities as City may require, of such specified sizes, quality and types, classifications, and minimum order for each shipment, as defined by the Department of Public Works, and as are identified in Bid Schedule. The initial length of the City of Poway contract will be two (2) years, beginning July 1, 2021 and ending on June 30, 2023. This contract may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Seller. 3. Price. Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in Bid Schedule for the first year of the contract, with an escalation of price in the second year of the contract based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 3.5%, whichever is less. Price to include any State or Federal fees e.g. CA Mill assessment fee. 4. Payment. The City shall make payment within 30 days of receipt of invoice after delivery of product. Payment shall be considered as having been made upon the date such payment is deposited in the U.S. Mail, first-class postage pre-paid and addressed to Seller. 5. Delivery. Delivery shall be to the City of Poway Lester J. Berglund Water Treatment Plant at 14521 Lake Poway Road, Poway, CA 92064, as needed. Deliver Hours are Monday-Friday from 7:00 a.m. to 2:00 p.m. and per the requirements of the bid document. 25 of 66 ATTACHMENT C May 4, 2021, Item #46. Supply and Output Capability of Seller. If Seller is unable for any reason to supply City's requirements, Seller shall immediately notify City and provide its best estimate of the delivery and installation, as it may apply. City may, at its sole and exclusive option, notify Seller in writing of City's decision to terminate the order without liability. If the inability to supply City with its needs is not due to the negligence or faults of Seller, and Seller has notified City in writing as soon as Seller discovers the circumstances necessitating a revised delivery date, the termination of the order shall not entitle City to any damages. 7. Claims. The shipment will be FOB Poway, CA at the address set forth in Section 4 above, with all delivery charges and claims for damage in route are the responsibility of the Seller. Evident damage to any shipment will be indicated by a notation, which will, with the exception of concealed damages, be made by the carrier's agent on the delivery receipt before the receipt is signed for acceptance. The notation must clearly specify the extend of damage. Concealed damage must be reported to the carrier within 15 days deliver. 8. Assignment and Delegation: Successors. Neither Seller nor City shall assign any rights or delegate any obligations to the Contract without express written approval and acceptance of the other party. Any such assignment or delegation without express written approval and acceptance shall be null and void. All terms, conditions and provisions of this Contract, the Seller's Bid, and the San Diego RFP shall inure to and bind each of the parties hereto, and each of their successors in interest, executors, and administrators. 9. Indemnification. Seller agrees to indemnify, defend by an attorney of the City's own choice, and hold harmless, the City, and its elected and appointed officers, agents and employees (the "lndemnitees") against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, 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 or allegedly caused by the City's use of the product or installation services sold by seller to City, provided that City has not altered or tampered with such product in any way and has used such product in accordance with Seller's or manufacturer's instructions and warnings. 26 of 66 May 4, 2021, Item #4If any action or proceeding is brought against lndemnitees by reason of any of the matters against which Seller has agreed to indemnify lndemnitees as provided above, Seller, upon notice from City, shall defend lndemnitees at Seller's expense in the manner set forth above in this Section 9. lndemnitees need not have first paid for any of the matters to which lndemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Seller shall ensure Seller's obligations under this section, but the limits of such insurance shall not limit the liability of Seller hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement. The provisions of this section do not apply to Claims occurring as a result of this City's sole negligence or willful acts or omissions. The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage. 10. Seller's Insurance. The City shall be named as an additional insured with the bidder. Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, the minimum requirements are as follows: • Comprehensive General Liability: $1,000,000 Bodily Injury & Property Damage combined each occurrence and $2,000,000 aggregate; • Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 Combined Single Limit coverage; • Workers' Compensation insurance: Per the statutory amount. Each policy is to provide 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. Upon request by City prior to the time of Award of Contract, the bidder agrees to promptly provide City with letters from insurance companies meeting the requirements of the contract documents verifying that they are prepared to issue insurance to bidder meeting all requirements of the contract documents. The failure of bidder to provide City with insurance meeting all requirements of the contract documents within 15 calendar days after the Award of Contract shall constitute a material breach of the contract, entitling City to terminate the contract. All bonds and all insurance shall meet the following standards. The issuing company: 27 of 66 May 4, 2021, Item #4a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and b. Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken. In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation. (See City Council Resolution 90-082.) 11. Integration. The terms of this Contract are intended by the parties to be the final expression of the parties' agreement with respect to such terms and also as a complete and exclusive statement of such terms. There are no oral or written agreements other than this Contract, and the Seller's Bid. However, in the event of any conflict between the written expressions of this Contract and the Seller's Bid, the terms and interpretations given to the provisions of this writing shall prevail. 12. Applicable Law. The order shall be governed by the laws of the State of California. Any legal action brought to enforce the terms and conditions of this Agreement shall be filed in a court of competent jurisdiction with San Diego County. Seller hereby waives any right to remove any action from San Diego County as is otherwise provided in California Code of Civil Procedure Section 394. In the event any legal action is taken by either party to this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs from the other party. [Remainder of Page Left Blank Intentionally] 28 of 66 May 4, 2021, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-----------Chris Hazeltine, City Manager Date: ------------ATTEST: Vaida Pavolas, CMS City Clerk APPROVED AS TO FORM: By: ___________ _ Alan Fenstermacher, City Attorney Attachments: Exhibit A -Bid Schedule 29 of 66 SELLER: Univar Solutions Inc. By:------------Name, Title Date: ------------ May 4, 2021, Item #4EXHIBIT A PROPOSAL FOR WATER TREATMENT PLANT CHEMICALS Pursuant to and in compliance with the notice inviting sealed bids, the undersigned bidder proposes and agrees to supply: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 in accordance with these specifications, instructions and conditions to the City of Poway in the time, form and manner provided by law at the bid prices herein. Firm Name: By: (signature) Name and Title: (Please print) Address: Telephone: Fax: Email Address: Univar Solutions USA Inc. Jennifer M. Perras Municipal Specialist Muni Team-8201 S 212th St., Kent, WA 98032 Branch-2600 S Garfield Ave, Commerce, CA 90040 Muni Team-253-872-5040 Branch-800-201-4439 323-837-7100 muniteam-west@univarsolutions.com Company State of California Business Registration Number: _10_0_0_0_17_8_0_7 ____ _ Please use https://businesssearch.sos.ca.qov/ 19 30 of 66 May 4, 2021, Item #4EXHIBIT A BID SCHEDULE ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 To be completed by bidder. If bidding more than one chemical, please make additional copies of pages 20 and 21 as the bid requires one sheet per each Chemical being bid. Please indicate NO BID In table below for chemicals that are not included in your bid by placing an X in the column on the right. (Include chemical analysis of each product being bid) CHEMICAL UNIT QUANTITY UNIT TOTAL NOBID DESCRIPTION PRICE (X) Liquid Chlorine ~ 99.5% TON 96 $ $ X 50% Sodium Hydroxide 234 $ $ (dry tons) TON 20% Aqua Ammonia GAL 18,091 $ $ X 20% Liquid Permanganate GAL 2,200 $ $ (8 Totes @ 275 Gal) Alum 8.0% Al2O3 (dry TON 194 $ 375.00 $ 72,750.00 tons) *Cationic Organic TON 21 $ $ Coagulant Aid 50% Aluminum Chlorohydrate TON 160 $ $ Ammonium Calcium Nitrite GAL 12,000 $ $ Double Salt Please note: All costs for delivery are to be borne by the bidder. *For bidders of Cationic Organic Coagulant an approximate 500 ml sample of your product is due by 4/5/2021 for the City to perform their own jar bell test on your product. Submit it to 14467 Lake Poway Rd, Poway, CA 92064 and label it with the Bid No. 21-023. LIQUID CHLORINE TOTAL AMOUNT OF BID IN FIGURES: $ __ z_er_o ________ _ LIQUID CHLORINE TOTAL AMOUNT OF BID IN WORDS: __ n_o_bi_d ________ _ _________________ DOLLARS and _______ CENTS 20 31 of 66 May 4, 2021, Item #4SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN FIGURES: $ SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN WORDS: _________ _ ____________ DOLLARS and ____________ CENTS AQUA AMMONIA TOTAL AMOUNT OF BID IN FIGURES: $_Z_e_ro ________ _ AQUA AMMONIA TOTAL AMOUNT OF BID IN WORDS: _N_O_bi_d ________ _ ____________ DOLLARS and ____________ CENTS LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN FIGURES: $ _______ _ LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN WORDS: _______ _ ______________ DOLLARS and _________ CENTS ALUM TOTAL AMOUNT OF BID IN FIGURES:$ 72,750.00 ---------------ALUM TOTAL AMOUNT OF BID IN WORDS: Seventy-two thousand and seven hundred and fifty DOLLARS and zero CENTS CATIONIC COAGULANT TOTAL AMOUNT OF BID IN FIGURES: $ ________ _ CATIONIC COAGULANT TOTAL AMOUNT OF BID IN WORDS: ________ _ ______________ DOLLARS and _________ CENTS ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN FIGURES:$ ______ _ ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN WORDS:---·----______________ DOLLARS and _________ CENTS BIOXIDE TOTAL AMOUNT OF BID IN FIGURES: $ ______ _ BIOXIDE TOTAL AMOUNT OF BID IN WORDS: ______________ _ _______ DOLLARS and _________ CENTS [Remainder of Page Left Blank Intentionally] 32 of 66 May 4, 2021, Item #4EXHIBIT A BID SCHEDULE ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 To be completed by bidder. If bidding more than one chemical, please make additional copies of pages 20 and 21 as the bid requires one sheet per each Chemical being bid. Please indicate NO BID In table below for chemicals that are not included in your bid by placing an X in the column on the right. (Include chemical analysis of each product being bid) CHEMICAL UNIT QUANTITY UNIT TOTAL NOBID DESCRIPTION PRICE (X) Liquid Chlorine ~ 99.5% TON 96 $ $ X 50% Sodium Hydroxide 234 $ 444.00 $103,896.0( (dry tons) TON 20% Aqua Ammonia GAL 18,091 $ $ 20% Liquid Permanganate GAL 2,200 $ $ (8 Totes @ 275 Gal) Alum 8.0% Al2O3 (dry TON 194 $ $ tons) *Cationic Organic TON 21 $ $ Coagulant Aid 50% Aluminum Chlorohydrate TON 160 $ $ Ammonium Calcium Nitrite GAL 12,000 $ $ Double Salt Please note: All costs for delivery are to be borne by the bidder. *For bidders of Cationic Organic Coagulant an approximate 500 ml sample of your product is due by 4/5/2021 for the City to perform their own jar bell test on your product. Submit it to 14467 Lake Poway Rd, Poway, CA 92064 and label it with the Bid No. 21-023. LIQUID CHLORINE TOTAL AMOUNT OF BID IN FIGURES: $ __ z_er_o ________ _ LIQUID CHLORINE TOTAL AMOUNT OF BID IN WORDS: __ no_bi_d ________ _ _________________ DOLLARSand _______ CENTS 20 33 of 66 May 4, 2021, Item #4SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN FIGURES: $ __ 10_3_,8_9_6._00 ____ _ SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN WORDS: One hundred and three thousand and _e~ig_h_th_u_nd_r_ed_an_d_n_in_e~ty_s_ix ___ DOLLARSand_z_e_ro __________ CENTS AQUA AMMONIA TOTAL AMOUNT OF BID IN FIGURES:$ __________ _ AQUA AMMONIA TOTAL AMOUNT OF BID IN WORDS: ___________ _ ____________ DOLLARS and ____________ CENTS LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN FIGURES:$ _______ _ LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN WORDS: ________ _ ______________ DOLLARS and _________ CENTS ALUM TOTAL AMOUNT OF BID IN FIGURES:$ ______________ _ ALUM TOTAL AMOUNT OF BID IN WORDS: _______________ _ ______________ DOLLARS and _________ CENTS CATIONIC COAGULANT TOTAL AMOUNT OF BID IN FIGURES:$ ________ _ CATIONIC COAGULANT TOTAL AMOUNT OF BID IN WORDS: _________ _ ______________ DOLLARSand _________ CENTS ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN FIGURES:$ ______ _ ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN WORDS: ______ _ ______________ DOLLARSand _________ CENTS BIOXIDE TOTAL AMOUNT OF BID IN FIGURES:$ ______ _ BIOXIDE TOTAL AMOUNT OF BID IN WORDS: _____________ _ _______ DOLLARSand _________ CENTS [Remainder of Page Left Blank Intentionally] 21 34 of 66 May 4, 2021, Item #4PRICES SHALL BE FIRM FROM DATE OF AWARD OF BID THRU JUNE 30, 2023 *************************************************************************************************** DEPOSIT POLICY: (Show Item for Reference) NIA DEMURRAGE POLICY: (Show Item for Reference) _N_I_A ____________ _ *************************************************************************************************** Please print except where signature is required. COMPANY NAME: Univar Solutions USA Inc. MAIL ADDRESS: 8201 S 212th St. CITY/STATE/ZIP: Kent, WA 98032 BILLING/REMIT ADDRESS: 62190 Collection Center Drive CITY/STATE/ZIP: Chicago, IL 60693-0621 TELEPHONE/FAX: 253-872-5040 / 253-872-5041 -----------ACCOUNT REPRESENTATIVE: Jennifer Perras ---------------------EMAIL ADDRESS: Jennifer.Perras@univarsolutions.com AUTHORIZED SIGNATURE: NAME: Jennifer M. Perras TITLE: Municipal Specialist EMAIL ADDRESS: jennifer.perras@univarsolutions.com 22 35 of 66 May 4, 2021, Item #4NON-COLLUSION AFFIDAVIT To the City Council, City of Poway, California: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the contract, for: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. ##-### Univar Solutions USA Inc. Company Name 8201 S 212th St. Kent, WA 98032 Business Address Subscribed and sworn before me th is 6th day of April , 2021 at Kent Notary Pub tn and for th~ County of K,·, Y10\ State of €alifoFAia. W °'<c,vwn.~ +-cm 1 My Commission Expires ID /10 / 2,0ZZ-------4-, a....=;_J~""""'-'~----------------(This affidavit shall be executed by the successful bidder in accordance with instructions in the Federal Requirements, but bidder may execute the affidavit on this P.~tu1hVJij time of submitting bid.) ,,,,,~~ .~ .. !!Scf.11,,, .:, ~ ~ .•;._. lltP. ttf•• («:'_ ', ~ c,, 1b"'° v,t. "'f' ~ ~ /.fJ . ~~ -;. : ::, NOTARY ~ : .. : . : = : fJ>.: PUBLIC ; ~ : ·-: :;.A \c '· 0 ' , .,, . ._a . ~",;:,·•• I-.::.. ~ ~ ~..i' ••~. NO. 'Z.~••:...,0 ~ / ~'o ········· ~,-~ ✓,,, ,: WAS'r-,,, // I • I\\ •1:unP'· 23 36 of 66 May 4, 2021, Item #4CITY OF POWAY CONTRACT FOR THE SALE AND PURCHASE OF GOODS AND MATERIALS This Contract, entered into this First day of July, 2021, by and between the CITY OF POWAY, a general law city and municipal corporation (the "City"), and Polydyne Inc., (the "Seller"). 1. Sale and Purchase. Seller will sell, transfer and deliver to City, and City will accept and purchase from Seller at the locations identified in Section 4, below, and in Bid Schedule, attached hereto as Exhibit "A" and made part hereof, all of the goods, materials and other items in such quantities as City may require, of such specified sizes, quality and types, classifications, and minimum order for each shipment, as defined by the Department of Public Works, and as are identified in Bid Schedule. The initial length of the City of Poway contract will be two (2) years, beginning July 1, 2021 and ending on June 30, 2023. This contract may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Seller. 3. Price. Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in Bid Schedule for the first year of the contract, with an escalation of price in the second year of the contract based on the annual change in the previous calendar · year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 3.5%, whichever is less. Price to include any State or Federal fees e.g. CA Mill assessment fee. 4. Payment. The City shall make payment within 30 days of receipt of invoice after delivery of product. Payment shall be considered as having been made upon the date such payment is deposited in the U.S. Mail, first-class postage pre-paid and addressed to Seller. 5. Delivery. Delivery shall be to the City of Poway Lester J. Berglund Water Treatment Plant at 14521 Lake Poway Road, Poway, CA 92064, as needed. Deliver Hours are Monday-Friday from 7:00 a.m. to 2:00 p.m. and per the requirements of the bid document. 37 of 66 ATTACHMENT D May 4, 2021, Item #46. Supply and Output Capability of Seller. If Seller is unable for any reason to supply City's requirements, Seller shall immediately notify City and provide its best estimate of the delivery and installation, as it may apply. City may, at its sole and exclusive option, notify Seller in writing of City's decision to terminate the order without liability. If the inability to supply City with its needs is not due to the negligence or faults of Seller, and Seller has notified City in writing as soon as Seller discovers the circumstances necessitating a revised delivery date, the termination of the order shall not entitle City to any damages. 7. Claims. The shipment will be FOB Poway, CA at the address set forth in Section 4 above, with all delivery charges and claims for damage in route are the responsibility of the Seller. Evident damage to any shipment will be indicated by a notation, which will, with the exception of concealed damages, be made by the carrier's agent on the delivery receipt before the receipt is signed for acceptance. The notation must clearly specify the extend of damage. Concealed damage must be reported to the carrier within 15 days deliver. 8. Assignment and Delegation; Successors. Neither Seller nor City shall assign any rights or delegate any obligations to the Contract without express written approval and acceptance of the other party. Any such assignment or delegation without express written approval and acceptance shall be null and void. All terms, conditions and provisions of this Contract, the Seller's Bid, and the San Diego RFP shall inure to and bind each of the parties hereto, and each of their successors in interest, executors, and administrators. 9. Indemnification. Seller agrees to indemnify, defend by an attorney of the City's own choice, and hold harmless, the City, and its elected and appointed officers, agents and employees (the "lndemnitees") against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, 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 or allegedly caused by the City's use of the product or installation services sold by seller to City, provided that City has not altered or tampered with such product in any way and has used such product in accordance with Seller's or manufacturer's instructions and warnings. 38 of 66 May 4, 2021, Item #4If any action or proceeding is brought against lndemnitees by reason of any of the matters against which Seller has agreed to indemnify lndemnitees as provided above, Seller, upon notice from City, shall defend lndemnitees at Seller's expense in the manner set forth above in this Section 9. lndemnitees need not have first paid for any of the matters to which lndemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Seller shall ensure Seller's obligations under this section, but the limits of such insurance shall not limit the liability of Seller hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement. The provisions of this section do not apply to Claims occurring as a result of this City's sole negligence or willful acts or omissions. The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage. 10. Seller's Insurance. The City shall be named as an additional insured with the bidder. Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, the minimum requirements are as follows: • Comprehensive General Liability: $1,000,000 Bodily Injury & Property Damage combined each occurrence and $2,000,000 aggregate; • Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 Combined Single Limit coverage; • Workers' Compensation insurance: Per the statutory amount. Each policy is to provide 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. Upon request by City prior to the time of Award of Contract, the bidder agrees to promptly provide City with letters from insurance companies meeting the requirements of the contract documents verifying that they are prepared to issue insurance to bidder meeting all requirements of the contract documents. The failure of bidder to provide City with insurance meeting all requirements of the contract documents within 15 calendar days after the Award of Contract shall constitute a material breach of the contract, entitling City to terminate the contract. All bonds and all insurance shall meet the following standards. The issuing company: 39 of 66 May 4, 2021, Item #4a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and b. Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken. In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation. (See City Council Resolution 90-082.) 11. Integration. The terms of this Contract are intended by the parties to be the final expression of the parties' agreement with respect to such terms and also as a complete and exclusive statement of such terms. There are no oral or written agreements other than this Contract, and the Seller's Bid. However, in the event of any conflict between the written expressions of this Contract and the Seller's Bid, the terms and interpretations given to the provisions of this writing shall prevail. 12. Applicable Law. The order shall be governed by the laws of the State of California. Any legal action brought to enforce the terms and conditions of this Agreement shall be filed in a court of competent jurisdiction with San Diego County. Seller hereby waives any right to remove any action from San Diego County as is otherwise provided in California Code of Civil Procedure Section 394. In the event any legal action is taken by either party to this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs from the other party. [Remainder of Page Left Blank Intentionally] 40 of 66 May 4, 2021, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-----------Chris Hazeltine, City Manager Date: ------------ATTEST: Vaida Pavolas, CMS City Clerk APPROVED AS TO FORM: By: ____________ _ Alan Fenstermacher, City Attorney Attachments: Exhibit A -Bid Schedule 41 of 66 SELLER: Polydyne Inc. By:------------Name, Title Date: ------------ May 4, 2021, Item #4EXHIBIT A PROPOSAL FOR WATER TREATMENT PLANT CHEMICALS Pursuant to and in compliance with the notice inviting sealed bids, the undersigned bidder proposes and agrees to supply: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 in accordance with these specifications, instructions and conditions to the City of Poway in the time, form and manner provided by law at the bid prices herein. Firm Name: By: (signature) Name and Title: (Please print) Address: Telephone: Fax: Email Address: Polydyne Inc. Sr. Vice-President 1 Chemical Plant Road Riceboro, GA 31323 (912) 880-2035 (912) 880-2078 bids@polydyneinc.com Company State of California Business Registration Number: __ C_24_4_8_l_oo _____ _ Please use https://businesssearch .sos.ca.gov/ 19 42 of 66 May 4, 2021, Item #4EXHIBIT A BID SCHEDULE ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 To be completed by bidder. If bidding more than one chemical, please make additional copies of pages 20 and 21 as the bid requires one sheet per each Chemical being bid. Please indicate NO BID In table below for chemicals that are not included in your bid by placing an X in the column on the right. (Include chemical analysis of each product being bid) CHEMICAL UNIT QUANTITY UNIT TOTAL NOBID DESCRIPTION PRICE (X) Liquid Chlorine ~ 99.5% TON 96 $ $ X 50% Sodium Hydroxide 234 $ $ (dry tons) TON X 20% Aqua Ammonia GAL 18,091 $ $ X 20% Liquid Permanganate GAL 2,200 $ $ X (8 Totes @ 275 Gal) Alum 8.0% Al2O3 (dry TON 194 $ $ X tons) *Cationic Organic Coagulant Aid Clarifloc C-3O81 TON 21 $ 1,360.OO/Ton* $ 28,560.00* 50% Aluminum Chlorohydrate TON 160 $ $ X Ammonium Calcium Nitrite GAL 12,000 $ $ Double Salt X ,..Please note pricing for Clarifloc C-308P, Catonic Please note: All costs for delivery are to be borne by the bidderOrganic Coagulant does not included 7.75% Sales Tax. Sales Tax will be a seperate line item on Polydyne Inc.'s invoices. *For bidders of Cationic Organic Coagulant an approximate 500 ml sample of your product is due by 4/5/2021 for the City to perform their own jar bell test on your product. Submit it to 14467 Lake Poway Rd, Poway, CA 92064 and label it with the Bid No. 21-023. LIQUID CHLORINE TOTAL AMOUNT OF BID IN FIGURES: $ __ N_o_Bi_d _______ _ LIQUID CHLORINE TOTAL AMOUNT OF BID IN WORDS: ___ N_o_Bi_d _______ _ _________________ DOLLARSand _______ CENTS 43 of 66 May 4, 2021, Item #4SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN FIGURES:$ No Bid SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN WORDS: __ N_o_B_id _______ _ ____________ DOLLARS and ____________ CENTS AQUA AMMONIA TOTAL AMOUNT OF BID IN FIGURES: $ __ N_o_Bi_d _______ _ AQUA AMMONIA TOTAL AMOUNT OF BID IN WORDS: ___ N_o_B_id _______ _ ____________ DOLLARS and ____________ CENTS LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN FIGURES: $_N_o_B_id ______ _ LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN WORDS: __ N_o_B_id _____ _ ______________ DOLLARSand __________ CENTS ALUM TOTAL AMOUNT OF BID IN FIGURES: $_N_o_B_id ____________ _ ALUM TOTAL AMOUNT OF BID IN WORDS: __ N_o_B_i<l ____________ _ ______________ DOLLARS and __________ CENTS CATIONIC COAGULANT TOTAL AMOUNT OF BID IN FIGURES:$ 28,560.00 ---------CAT 1O NI C COAGULANT TOTAL AMOUNT OF BID IN WORDS: _Tw_e_n_ty_-E_ig_ht_T_h_ou_sa_n_d _Fiv_e_H_un_dred _Si_xt_y-_D_o_lla_rs __________ DOLLARS and ___ ze_ro_ CENTS ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN FIGURES: $_N_o_B_id _____ _ ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN WORDS: __ N_o_B_i<l ___ _ ______________ DOLLARS and __________ CENTS BIOXIDE TOTAL AMOUNT OF BID IN FIGURES: $_N_o_B_id ____ _ BIOXIDE TOTAL AMOUNT OF BID IN WORDS: __ N_o_B_i<l ___________ _ _______ DOLLARS and ____ _ _ __ CENTS [Remainder of Page Left Blank Intentionally] 44 of66 May 4, 2021, Item #4PRICES SHALL BE FIRM FROM DATE OF AWARD OF BID THRU JUNE 30, 2023 ************************************************************************************************** * DEPOSIT POLICY: (Show Item for Reference) Coagulants No Deposits are required for Cationic DEMURRAGE POLICY: (Show Item for Reference) _N_o_t_A_p_p_lic_a_b_le ________ _ *************************************************************************************************** Please print except where signature is required. COMPANY NAME: Polydyne Inc. MAIL ADDRESS: 1 Chemical Plant Road CITY/STATE/ZIP: Riceboro, GA 31323 P.O. Box 404642 BILLING/REMIT ADDRESS: CITY/STATE/ZIP: Atlanta, GA 30384-4642 TELEPHONE/FAX: (912) 880-2035 I (912) 880-2078 ----------------------ACCOUNT REPRESENTATIVE: Olawale "Wale" Igbekoyi, Technical Sales Representative ----------------------EMAIL ADDRESS: oigbekoyi@polydyneinc.com AUTHORIZED SIGNATURE: NAME: Boyd Stanley TITLE: Sr. Vice-President EMAIL ADDRESS: bids@polydyneinc.com 45 of 66 May 4, 2021, Item #4NON-COLLUSION AFFIDAVIT To the City Council, City of Poway, California: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the contract, for: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. ##-#It# Polydyne Inc. Company Name Boyd Stanley, Sr. Vice-President Name of BiZ11-ci2-~fBidder One Chemical Plant Rd. Riceboro, GA 31323 Business Address Subscribed and sworn before me this 30th day of ___ M_a_rc_h _____ , 2021 Riceboro GA at --~-.-.~----~?~--r--' ~-My Co ··o "'( ~" >-•••• ~ ~-eof;,riz ·. ,o. ·•. Pue\.. .•· 1 ' "--Notary Public in and for the County of ~ ; bef J State of ~.Georgia My Commlssion Expires Dec. 17,2022 (This affidavit shall be executed by the successful bidder in accordance with instructions in the Federal Requirements, but bidder may execute the affidavit on this page at the time of submitting bid.) 46 of 66 May 4, 2021, Item #4CITY OF POWAY CONTRACT FOR THE SALE AND PURCHASE OF GOODS AND MATERIALS This Contract, entered into this First day of July, 2021, by and between the CITY OF POWAY, a general law city and municipal corporation (the "City"), and Carus LLC, (the "Seller"). 1. Sale and Purchase. Seller will sell, transfer and deliver to City, and City will accept and purchase from Seller at the locations identified in Section 4, below, and in Bid Schedule, attached hereto as Exhibit "A" and made part hereof, all of the goods, materials and other items in such quantities as City may require, of such specified sizes, quality and types, classifications, and minimum order for each shipment, as defined by the Department of Public Works, and as are identified in Bid Schedule. The initial length of the City of Poway contract will be two (2) years, beginning July 1, 2021 and ending on June 30, 2023. This contract may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Seller. 3. Price. Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in Bid Schedule for the first year of the contract, with an escalation of price in the second year of the contract based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 3.5%, whichever is less. Price to include any State or Federal fees e.g. CA Mill assessment fee. 4. Payment. The City shall make payment within 30 days of receipt of invoice after delivery of product. Payment shall be considered as having been made upon the date such payment is deposited in the U.S. Mail, first-class postage pre-paid and addressed to Seller. 5. Delivery. Delivery shall be to the City of Poway Lester J. Berglund Water Treatment Plant at 14521 Lake Poway Road, Poway, CA 92064, as needed. Deliver Hours are Monday-Friday from 7:00 a.m. to 2:00 p.m. and per the requirements of the bid document. 47 of 66 ATTACHMENT E May 4, 2021, Item #46. Supply and Output Capability of Seller. If Seller is unable for any reason to supply City's requirements, Seller shall immediately notify City and provide its best estimate of the delivery and installation, as it may apply. City may, at its sole and exclusive option, notify Seller in writing of City's decision to terminate the order without liability. If the inability to supply City with its needs is not due to the negligence or faults of Seller, and Seller has notified City in writing as soon as Seller discovers the circumstances necessitating a revised delivery date, the termination of the order shall not entitle City to any damages. 7. Claims. The shipment will be FOB Poway, CA at the address set forth in Section 4 above, with all delivery charges and claims for damage in route are the responsibility of the Seller. Evident damage to any shipment will be indicated by a notation, which will, with the exception of concealed damages, be made by the carrier's agent on the delivery receipt before the receipt is signed for acceptance. The notation must clearly specify the extend of damage. Concealed damage must be reported to the carrier within 15 days deliver. 8. Assignment and Delegation: Successors. Neither Seller nor City shall assign any rights or delegate any obligations to the Contract without express written approval and acceptance of the other party. Any such assignment or delegation without express written approval and acceptance shall be null and void. All terms, conditions and provisions of this Contract, the Seller's Bid, and the San Diego RFP shall inure to and bind each of the parties hereto, and each of their successors in interest, executors, and administrators. 9. Indemnification. Seller agrees to indemnify, defend by an attorney of the City's own choice, and hold harmless, the City, and its elected and appointed officers, agents and employees (the "lndemnitees") against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, 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 or allegedly caused by the City's use of the product or installation services sold by seller to City, provided that City has not altered or tampered with such product in any way and has used such product in accordance with Seller's or manufacturer's instructions and warnings. 48 of 66 May 4, 2021, Item #4If any action or proceeding is brought against lndemnitees by reason of any of the matters against which Seller has agreed to indemnify lndemnitees as provided above, Seller, upon notice from City, shall defend lndemnitees at Seller's expense in the manner set forth above in this Section 9. lndemnitees need not have first paid for any of the matters to which lndemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Seller shall ensure Seller's obligations under this section, but the limits of such insurance shall not limit the liability of Seller hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement. The provisions of this section do not apply to Claims occurring as a result of this City's sole negligence or willful acts or omissions. The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage. 10. Seller's Insurance. The City shall be named as an additional insured with the bidder. Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, the minimum requirements are as follows: • Comprehensive General Liability: $1,000,000 Bodily Injury & Property Damage combined each occurrence and $2,000,000 aggregate; • Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 Combined Single Limit coverage; • Workers' Compensation insurance: Per the statutory amount. Each policy is to provide 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. Upon request by City prior to the time of Award of Contract, the bidder agrees to promptly provide City with letters from insurance companies meeting the requirements of the contract documents verifying that they are prepared to issue insurance to bidder meeting all requirements of the contract documents. The failure of bidder to provide City with insurance meeting all requirements of the contract documents within 15 calendar days after the Award of Contract shall constitute a material breach of the contract, entitling City to terminate the contract. All bonds and all insurance shall meet the following standards. The issuing company: 49 of 66 May 4, 2021, Item #4a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and b. Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken. In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation. (See City Council Resolution 90-082.) 11 . Integration. The terms of this Contract are intended by the parties to be the final expression of the parties' agreement with respect to such terms and also as a complete and exclusive statement of such terms. There are no oral or written agreements other than this Contract, and the Seller's Bid. However, in the event of any conflict between the written expressions of this Contract and the Seller's Bid, the terms and interpretations given to the provisions of this writing shall prevail. 12. Applicable Law. The order shall be governed by the laws of the State of California. Any legal action brought to enforce the terms and conditions of this Agreement shall be filed in a court of competent jurisdiction with San Diego County. Seller hereby waives any right to remove any action from San Diego County as is otherwise provided in California Code of Civil Procedure Section 394. In the event any legal action is taken by either party to this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs from the other party. [Remainder of Page Left Blank Intentionally] 50 of 66 May 4, 2021, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-----------Chris Hazeltine, City Manager Date: ------------ATTEST: Vaida Pavolas, CMS City Clerk APPROVED AS TO FORM: By: ____________ _ Alan Fenstermacher, City Attorney Attachments: Exhibit A -Bid Schedule 51 of 66 SELLER: Carus LLC By: ___________ _ Name, Title Date: ___________ _ May 4, 2021, Item #4Exhibit A PROPOSAL FOR WATER TREATMENT PLANT CHEMICALS Pursuant to and in compliance with the notice inviting sealed bids, the undersigned bidder proposes and agrees to supply: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 in accordance with these specifications, instructions and conditions to the City of Poway in the time, form and manner provided by law at the bid prices herein. Firm Name: By: (signature) Name and Title: (Please print) Address: Telephone: Fax: Email Address: Carus LLC M. Chryss CrocketWP, CFO 315 Fifth Street Peru, IL 61354 800-435-6856 815-224-6697 bids@carusllc.com Company State of California Business Registration Number: 201922110515 Please use https://businesssearch.sos.ca.gov/ 52 of 66 May 4, 2021, Item #4EXHIBIT A BID SCHEDULE ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 To be completed by bidder. If bidding more than one chemical, please make additional copies of pages 20 and 21 as the bid requires one sheet per each Chemical being bid. Please indicate NO BID In table below for chemicals that are not included in your bid by placing an X in the column on the right. (Include chemical analysis of each product being bid) CHEMICAL UNIT QUANTITY UNIT TOTAL NOBID DESCRIPTION PRICE (X) Liquid Chlorine ~ 99.5% TON 96 $ $ X 50% Sodium Hydroxide 234 $ $ (dry tons) TON X 20% Aqua Ammonia GAL 18,091 $ $ X 20% Liquid Permanganate GAL 2,200 $ 13.664 $30,060.80 (8 Totes @ 275 Gal) Alum 8.0% Al203 ( dry TON 194 $ $ tons) X *Cationic Organic TON 21 $ $ Coaoulant Aid X 50% Aluminum Chlorohydrate TON 160 $ $ X Ammonium Calcium Nitrite GAL 12,000 $ $ Double Salt X Please note: All costs for delivery are to be borne by the bidder. *For bidders of Cationic Organic Coagulant an approximate 500 ml sample of your product is due by 4/5/2021 for the City to perform their own jar bell test on your product. Submit it to 14467 Lake Poway Rd, Poway, CA 92064 and label it with the Bid No. 21-023. LIQUID CHLORINE TOTAL AMOUNT OF BID IN FIGURES:$ __________ _ LIQUID CHLORINE TOTAL AMOUNT OF BID IN WORDS: __ N_O_B_I_D ______ _ _________________ DOLLARSand _______ CENTS 53 of 66 May 4, 2021, Item #4SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN FIGURES: $ __________ _ SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN WORDS: NO BID ----------____________ DOLLARS and ___________ CENTS AQUA AMMONIA TOTAL AMOUNT OF BID IN FIGURES: $ __________ _ AQUA AMMONIA TOTAL AMOUNT OF BID IN WORDS: NO BID ------------____________ DOLLARS and ___________ CENTS LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN FIGURES: $_1;..;;:;3'-'-".6:..;::6~4 _____ _ LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN WORDS: ________ _ ___________ T_h_irt_e_en_DOLLARS and sjxty-sjx point tour CENTS ALUM TOTAL AMOUNT OF BID IN FIGURES:$ ______________ _ ALUM TOTAL AMOUNT OF BID IN WORDS: -~N..;;;;O....;;B:;;;..;;1-=D ___________ _ ______________ DOLLARS and _________ CENTS CATIONIC COAGULANT TOTAL AMOUNT OF BID IN FIGURES:$ ________ _ CATIONIC COAGULANT TOTAL AMOUNT OF BID IN WORDS: NO BID ---------______________ DOLLARS and _________ CENTS ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN FIGURES:$ ______ _ ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN WORDS: NO BID -------DOLLARS and _________ CENTS BIOXIDE TOTAL AMOUNT OF BID IN FIGURES: $ ______ _ BIOXIDE TOTAL AMOUNT OF BID IN WORDS: _N_O_B_ID ___________ _ _______ DOLLARSand _________ CENTS [Remainder of Page Left Blank Intentionally] 54 of 66 May 4, 2021, Item #4PRICES SHALL BE FIRM FROM DATE OF AWARD OF BID THRU JUNE 30, 2023 *************************************************************************************************** DEPOSIT POLICY: (Show Item for Reference) **NIA** DEMURRAGE POLICY: (Show Item tor Reference) _*_*N_/_A_*_* ___________ _ *************************************************************************************************** Please print except where signature is required. COMPANY NAME: Carus LLC MAIL ADDRESS: 315 Fifth Street CITY/STATE/ZIP: Peru, IL 61354 BILLING/REMIT ADDRESS: PO Box 73457 4 CITY/STATE/ZIP: Chicago, IL 60673 TELEPHONE/FAX: 800-435-6856 / 815-224-6697 -----------ACCOUNT REPRESENTATIVE: Barbie Smith ---------------------EMAIL ADDRESS: bids@carusllc.com AUTHORIZED SIGNATURE: l , = NAME: M. Chryss Crockett TITLE: VP.CFO EMAIL ADDRESS: bids@carusllc.com 55 of 66 May 4, 2021, Item #4NON-COLLUSION AFFIDAVIT To the City Council, City of Poway, California: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the contract, for: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 'If#.-### Carus LLC Company Name M. Chryss Crockett Name of Bidder VP, CFO m( e ., 'l/dc(2J,,c-i.l~-Signature of Bidder 315 Fifth Street Peru, IL 61354 Business Address Subscribed and sworn before me this _3_1 s_t __ day of March , 2021 at Peru, IL Notary Public in and for the County of LaSal I e State of ~lltibom<ac. 111 inois I--q -1,~3~ My Commission Expires --~--_::O\~u::.i.g:__'j_,__ ______________ _ (This affidavit shall be executed by the successful bidder in accordance with instructions in the Federal Requirements, but bidder may execute the affidavit on this page at the time of submitting bid.) 56 of 66 May 4, 2021, Item #4CITY OF POWAY CONTRACT FOR THE SALE AND PURCHASE OF GOODS AND MATERIALS This Contract, entered into this First day of July, 2021, by and between the CITY OF POWAY, a general law city and municipal corporation (the "City"), and CalChem Enterprises, Inc., (the "Seller"). 1. Sale and Purchase. Seller will sell, transfer and deliver to City, and City will accept and purchase from Seller at the locations identified in Section 4, below, and in Bid Schedule, attached hereto as Exhibit "A" and made part hereof, all of the goods, materials and other items in such quantities as City may require, of such specified sizes, quality and types, classifications, and minimum order for each shipment, as defined by the Department of Public Works, and as are identified in Bid Schedule. The initial length of the City of Poway contract will be two (2) years, beginning July 1, 2021 and ending on June 30, 2023. This contract may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Seller. 3. Price. Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in Bid Schedule for the first year of the contract, with an escalation of price in the second year of the contract based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 3.5%, whichever is less. Price to include any State or Federal fees e.g. CA Mill assessment fee. 4. Payment. The City shall make payment within 30 days of receipt of invoice after delivery of product. Payment shall be considered as having been made upon the date such payment is deposited in the U.S. Mail, first-class postage pre-paid and addressed to Seller. 5. Delivery. Delivery shall be to the City of Poway Lester J. Berglund Water Treatment Plant at 14521 Lake Poway Road, Poway, CA 92064, as needed. Deliver Hours are Monday-Friday from 7:00 a.m. to 2:00 p.m. and per the requirements of the bid document. 57 of 66 ATTACHMENT F May 4, 2021, Item #46. Supply and Output Capability of Seller. If Seller is unable for any reason to supply City's requirements, Seller shall immediately notify City and provide its best estimate of the delivery and installation, as it may apply. City may, at its sole and exclusive option, notify Seller in writing of City's decision to terminate the order without liability. If the inability to supply City with its needs is not due to the negligence or faults of Seller, and Seller has notified City in writing as soon as Seller discovers the circumstances necessitating a revised delivery date, the termination of the order shall not entitle City to any damages. 7. Claims. The shipment will be FOB Poway, CA at the address set forth in Section 4 above, with all delivery charges and claims for damage in route are the responsibility of the Seller. Evident damage to any shipment will be indicated by a notation, which will, with the exception of concealed damages, be made by the carrier's agent on the delivery receipt before the receipt is signed for acceptance. The notation must clearly specify the extend of damage. Concealed damage must be reported to the carrier within 15 days deliver. 8. Assignment and Delegation: Successors. Neither Seller nor City shall assign any rights or delegate any obligations to the Contract without express written approval and acceptance of the other party. Any such assignment or delegation without express written approval and acceptance shall be null and void. All terms, conditions and provisions of this Contract, the Seller's Bid, and the San Diego RFP shall inure to and bind each of the parties hereto, and each of their successors in interest, executors, and administrators. 9. Indemnification. Seller agrees to indemnify, defend by an attorney of the City's own choice, and hold harmless, the City, and its elected and appointed officers, agents and employees (the "lndemnitees") against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, 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 or allegedly caused by the City's use of the product or installation services sold by seller to City, provided that City has not altered or tampered with such product in any way and has used such product in accordance with Seller's or manufacturer's instructions and warnings. 58 of 66 May 4, 2021, Item #4If any action or proceeding is brought against lndemnitees by reason of any of the matters against which Seller has agreed to indemnify lndemnitees as provided above, Seller, upon notice from City, shall defend lndemnitees at Seller's expense in the manner set forth above in this Section 9. lndemnitees need not have first paid for any of the matters to which lndemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Seller shall ensure Seller's obligations under this section, but the limits of such insurance shall not limit the liability of Seller hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement. The provisions of this section do not apply to Claims occurring as a result of this City's sole negligence or willful acts or omissions. The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage. 10. Seller's Insurance. The City shall be named as an additional insured with the bidder. Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, the minimum requirements are as follows: • Comprehensive General Liability: $1,000,000 Bodily Injury & Property Damage combined each occurrence and $2,000,000 aggregate; • Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 Combined Single Limit coverage; • Workers' Compensation insurance: Per the statutory amount. Each policy is to provide 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. Upon request by City prior to the time of Award of Contract, the bidder agrees to promptly provide City with letters from insurance companies meeting the requirements of the contract documents verifying that they are prepared to issue insurance to bidder meeting all requirements of the contract documents. The failure of bidder to provide City with insurance meeting all requirements of the contract documents within 15 calendar days after the Award of Contract shall constitute a material breach of the contract, entitling City to terminate the contract. All bonds and all insurance shall meet the following standards. The issuing company: 59 of 66 May 4, 2021, Item #4a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and b. Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken. In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation. (See City Council Resolution 90-082.) 11. Integration. The terms of this Contract are intended by the parties to be the final expression of the parties' agreement with respect to such terms and also as a complete and exclusive statement of such terms. There are no oral or written agreements other than this Contract, and the Seller's Bid. However, in the event of any conflict between the written expressions of this Contract and the Seller's Bid, the terms and interpretations given to the provisions of this writing shall prevail. 12. Applicable Law. The order shall be governed by the laws of the State of California. Any legal action brought to enforce the terms and conditions of this Agreement shall be filed in a court of competent jurisdiction with San Diego County. Seller hereby waives any right to remove any action from San Diego County as is otherwise provided in California Code of Civil Procedure Section 394. In the event any legal action is taken by either party to this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs from the other party. [Remainder of Page Left Blank Intentionally] 60 of 66 May 4, 2021, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: ------------ATTEST: Vaida Pavolas, CMS City Clerk APPROVED AS TO FORM: By: ____________ _ Alan Fenstermacher, City Attorney Attachments: Exhibit A -Bid Schedule 61 of 66 SELLER: CalChem Enterprises, Inc. By:------------Name, Title Date: ------------ May 4, 2021, Item #4EXHIBIT A PROPOSAL FOR WATER TREATMENT PLANT CHEMICALS Pursuant to and in compliance with the notice inviting sealed bids, the undersigned bidder proposes and agrees to supply: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 in accordance with these specifications, instructions and conditions to the City of Poway in the time, form and manner provided by law at the bid prices herein. Firm Name: By: (signature) Name and Title: (Please print) Address: Telephone: Fax: Email Address: CalChem Enterprises, Inc. T B ! k 1v· P 'd erry auwa , ice resI ent 2601 Cannery Avenue Baltimore, MD 21226 410-354-01 00 410-918-2240 insidesales@usalco.com C2881449/ Lie. No. 100-868593 Company State of California Business Registration Number: _________ _ Please use https://businesssearch.sos.ca.gov/ 19 62 of 66 May 4, 2021, Item #4EXHIBIT A BID SCHEDULE ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 To be completed by bidder. If bidding more than one chemical, please make additional copies of pages 20 and 21 as the bid requires one sheet per each Chemical being bid. Please indicate NO BID In table below for chemicals that are not included in your bid by placing an X in the column on the right. (Include chemical analysis of each product being bid) CHEMICAL UNIT QUANTITY UNIT TOTAL NOBID DESCRIPTION PRICE (X) Liquid Chlorine ~ 99.5% TON 96 $ $ X 50% Sodium Hydroxide 234 $ $ X (dry tons) TON 20% Aqua Ammonia GAL 18,091 $ $ X 20% Liquid Permanganate GAL 2,200 $ $ (8 Totes @ 275 Gal) X Alum 8.0% Al203 (dry TON 194 $ $ X tons) *Cationic Organic TON 21 $ $ X Coagulant Aid 50% Aluminum Chlorohydrate TON 160 $ 554.00 $ 88,640.00 Ammonium Calcium Nitrite GAL 12,000 $ $ X Double Salt Please note: All costs for delivery are to be borne by the bidder. *For bidders of Cationic Organic Coagulant an approximate 500 ml sample of your product is due by 4/5/2021 for the City to perform their own jar bell test on your product. Submit it to 14467 Lake Poway Rd, Poway, CA 92064 and label it with the Bid No. 21-023. LIQUID CHLORINE TOTAL AMOUNT OF BID IN FIGURES: $ __ N_o_Bi_d ______ _ LIQUID CHLORINE TOTAL AMOUNT OF BID IN WORDS: ___ N_o_B_id _______ _ ___________ No_Bi_d _____ DOLLARS and __ N_o_B_id ____ CENTS 20 63 of 66 May 4, 2021, Item #4SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN FIGURES: $_N_o_B_id ______ _ SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN WORDS: __ N_o_B_id _______ _ _______ N_o_B_id ____ DOLLARSand ___ ____.N~o~6~id ______ CENTS AQUA AMMONIA TOTAL AMOUNT OF BID IN FIGURES: $ __ N_o_B_id _______ _ AQUA AMMONIA TOTAL AMOUNT OF BID IN WORDS: __ ___,_N..,..o.....,B....,.jd..._ ______ _ _______ N_o_B_id ____ DOLLARSand ____ ~N~a~6~id'--_____ CENTS LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN FIGURES:$ No Bid ---------LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN WORDS: __ N_o_B_id _____ _ _______ N_o_B_id ______ DOLLARSand ___ ~N~o~B~id'--____ CENTS ALUM TOTAL AMOUNT OF BID IN FIGURES: $ _______ N_o_B_id ______ _ ALUM TOTAL AMOUNT OF BID IN WORDS: ________ N~o:;_B;;;;..;i..;;;..d ______ _ ________ N_o _Bi_d _____ DOLLARS and ____ N_o_B_id _____ CENTS CATIONIC COAGULANT TOTAL AMOUNT OF BID IN FIGURES: $_N_o_B_id ______ _ CATIONIC COAGULANT TOTAL AMOUNT OF BID IN WORDS: __ N_o_B_id _____ _ _______ ___..;.N..;.;;o~B;:..;.id~ ____ DOLLARS and ___ ...;..N.;..a.o_B"""""id'--____ CENTS ALUMINUM CHLOROHYDRA TE TOTAL AMOUNT OF BID IN FIGURES: $ 88,640.00 -------ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN WORDS: Eighty Eight Thousand Six Hundred Fourty DOLLARS and Zero CENTS BIOXIDE TOTAL AMOUNT OFBID IN FIGURES: $_N_o_B_id ____ _ BIOXIDE TOTAL AMOUNT OF BID IN WORDS: __ N_o_B_id ___________ _ ____ N_o_B_id __ DOLLARS and ____ N_o_B_i_d ____ CENTS [Remainder of Page Left Blank Intentionally] 21 64 of 66 May 4, 2021, Item #4PRICES SHALL BE FIRM FROM DATE OF AWARD OF BID THRU JUNE 30, 2023 *************************************************************************************************** DEPOSIT POLICY: (Show Item tor Reference) DEMURRAGE POLICY: (Show Item for Reference) ______________ _ *************************************************************************************************** Please print except where signature is required. COMPANY NAME: CalCHEM Enterprises, Inc. MAIL ADDRESS: 2601 Cannery Avenue CITY/STATE/ZIP: Baltimore, MD 21226 USALCO, LLC / CalChem PO Box 844265 BILLING/REMIT ADDRESS: CITY/STATE/ZIP: Boston, MA 02284-4265 TELEPHONE/FAX: 410-354-0100 I 410-918-2240 ACCOUNT REPRESENTATIVE: Scott Williams EMAIL ADDRESS: swilliams@usalco.com AUTHORIZED SIGNATURE: NAME: Terry Badwak TITLE: Vice President EMAIL ADDRESS: insidesales@usalco.com 22 65 of 66 May 4, 2021, Item #4NON-COLLUSION AFFIDAVIT To the City Council, City of Poway, California: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the contract, for: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT 2601 Cannery Avenue Baltimore, MD 21226 Business Address Bid No. ##-### 21-023 CalCHEM Enterprises, Inc. Company Name Terry Badwak Name of Bidder ,____---' .~ Subscribed and sworn before me this 29th day of ___ M_ar_ch ______ , 2021 Notary Public in and for the County of BALTIMORE State of <xatitam:i:ax MARYLAND (This affidavit shall be executed by the successful bidder in accordance with instructions in the Federal Requirements, but bidder may execute the affidavit on this page at the time of submitting bid.) 23 66 of 66 May 4, 2021, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway CITY COUNCIL May 4, 2021 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works t:['Y< ~/ Will Wiley, Assistant Director of Public Works for Maintenance Operations ~ (858) 668-4705 or wwiley@poway.org Award of Agreement with BrightView Landscape Services, Inc., LaBahn's Landscaping, and Steven Smith Landscaping, Inc. for Landscape Maintenance Services A Request for Proposals (RFP) for Landscape Maintenance Services for city facilities, rights-of-way, reservoirs and pump stations, and landscape maintenance districts (LMDs) was duly advertised on February 4, and February 18, 2021. Three proposals were received and opened on March 25, 2021. BrightView Landscape Services, Inc., LaBahn's Landscaping and Steven Smith Landscaping, Inc. were responsive to the criteria of the RFP and staff recommends awarding agreements to the three respective contractors for various areas. The term of the agreements will be two (2) years beginning July 1, 2021 through June 30, 2023 and may be extended for up to three (3) one-year terms. Recommended Action: It is recommended that the City Council award the Agreements for Landscape Maintenance Services, RFP No. 21-018 to BrightView Landscape Services, Inc. for rights-of-way and LMDs, LaBahn's Landscaping for reservoirs and pump stations, and Steve Smith Landscaping, Inc. for city facilities, and authorize the City Manager to execute the necessary documents. Discussion: The City is responsible for maintaining the landscaping within ten (10) LMDs, 1,177,270 square feet of right-of-way, 11 city facilities, and 33 reservoirs and pump stations. The City's current landscape maintenance service agreements for these areas expire on June 30, 2021. Consequently, an RFP for landscape maintenance services was duly advertised on February 4, and February 18, 2021. The City held a pre-proposal meeting on March 2, 2021, and on March 25, 2021, the City received three proposals in response to the RFP. An evaluation committee reviewed and ranked the proposals based on criteria set forth in the RFP, which included qualifications, experience, references, and cost. The RFP included five bid items (Facilities, Rights-of-Way, Reservoirs/Pump Stations, LMD Areas 1 and LMD Areas 2) and allowed for contractors to submit a proposal for one or all of the bid items. In an 1 of 190 May 4, 2021, Item #5effort to create bidding opportunities to encourage smaller companies to compete with larger companies, the RFP divided LMDs into two contract service areas (Bid Item D and E), to be proposed on individually or all together. The LMDs in Bid Item D include 83-1 A, 83-1 B, 83-1 C, 86-1, 86-2A; the LMDs in Bid Item E include 86-28, 86-3A, 86-38, 87-1, and 19-1. In order to provide the City options for managing costs while still providing optimal service, the RFP required pricing for multiple levels of service (A, B, and C). The types of services rendered will be the same at all levels but will vary instead by the frequency these services are provided. For example, Level A may be performed on a weekly basis, Level B on a bimonthly basis, and Level C on a monthly basis. Proposals were received from the City's current landscaping contractor, BrightView Landscape Services, Inc. as well as from Steven Smith Landscaping, Inc., and LaBahn's Landscaping, each providing a proposal for all service levels for each of the five bid items. The following table summarizes the inclusive proposals for all items, at each of their respective service levels. The recommended contractors are listed below, signified by an asterisk and cost amounts in bold. While pricing is an important factor, the recommendation for award is based on several factors, including available equipment, experience, and resources to adequately maintain these areas. Bid Item Item A: Facilities Item B: Right-of-Ways Item C: Reservoirs and Pump Stations Items D and E: LMDs Table 1: Award Summary for Landscape Maintenance Services, RFP No. 21-018 BrightView Landscape LaBahn's Services, Inc. Landscaping $77,580.00 $59,500.00 $66,37 4.64* $77,510.00 $69,379.00 $33, 906.00* $470, 113.23* $417,690.75 Steven Smith Landscaping, Inc. $56,880.00* $77,952.00 $38,676.00 $522,108.00 Despite not being the lowest cost for the LMD Bid Items (D&E), BrightView Landscape Services, Inc., is recommended for award as a result of their proposal being highly ranked for their public sector experience in the LMD arena, ability to readily deploy resources in the field, irrigation technical ability, and their overall ability to provide the best value to the City. While varying in frequency, the resulting agreements will require irrigation inspection, operation and maintenance, removal of trash and debris, trimming of shrubs, fertilization, weed control, and various other aspects of related landscape maintenance, including mowing, edging, sweeping, pruning, fertilizing, and pest control. One of the goals of the RFP is to maintain or improve the existing service being provided to ensure clean and well-maintained landscape sites. Based on a thorough review and ranking of the proposals, it is recommended agreements be award to 1) Steven Smith Landscaping Inc., for facilities; 2) La Bahn's Landscaping for reservoirs and pump stations; and 3) BrightView Landscape Services, Inc. for rights-of-way and LMDs. The contractors' licenses and the Department of Industrial Relations status for each contractor are in good standing. As recommended, the City will maintain current service levels while also saving approximately $57,400.00 per year by executing the recommended agreements. Most of the savings is attributed to the LMD Bid Items D and E at approximately $46,500.00/year followed by savings in Reservoirs and Rights-of-Way at approximately $10,900.00. Each facility or area of maintenance has a Service Level A, B, or C. Each service level has the same scope of work (e.g., irrigation inspection, mowing, litter control, pruning, etc.). The difference between the service levels is the frequency. Service Level A provides weekly service, Service Level B provides bi-weekly service, and Service Level C provides for monthly service. For Bid Items A-C, service levels will remain at Service Level A. Bid Item D and E (LMDs) will remain the same, as shown below: 2 of 190 May 4, 2021, Item #5Table 2: LMD Service Level Comparison Bid Item LMD Current Service New Service Level Level D 83-1A C C 86-1 B B 83-1 B C C 83-1C C C 86-2A C C E 86-3A C C 87-1 B B 19-1 A A 86-28 A A 86-38 A A The term of the agreements will be two (2) years beginning July 1, 2021 through June 30, 2023 and may be extended for up to three (3) one-year terms. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Funds are available in the: Poway Center for Performing Arts (204020-41600); Library (206020-41600); Water Supply, Treatment and Storage Divisions (402060-41600); Sewer Pumping and Disposal (403070-41600); Parks, Trails and Landscape (414040-41600); LMD 19-1 (420140-41600); LMD 83-1 A (421040-41600); LM D 83-1 B (421140-41600); LM D 83-1 C (421240-41600); LM D 86-1 A (423040-41600); LMD 86-2A (424040-41600); LMD 86-28 (424140-41600); LMD 86-3A (425040-41600); LMD 86-38 (425140-41600); LMD 87-1 (426040-41600); Fire Suppression (501050-41600); and Law Enforcement (504050-41600) proposed Fiscal Year 2021-22 budget for Landscape Maintenance Services that will be considered by the City Council on June 15, 2021. Public Notification: None. Attachments: A. Agreement with BrightView Landscape Services, Inc. B. Agreement with LaBahn's Landscaping C. Agreement with Steven Smith Landscaping, Inc. Reviewed/ Approved By: Assistant City Manager 3 of 190 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager May 4, 2021, Item #5City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of July, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and BrightView Landscape Services, Inc., (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform landscape maintenance services in support of the Public Works Department; and WHEREAS, Contractor is a landscaping Contractor and has represented that Contractor possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the 4 of 190 ATTACHMENT A May 4, 2021, Item #5failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. s of 190 May 4, 2021, Item #59. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Contractor" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: ~ 1. Contractor/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor/Contractor will be "making a government decision" or 6 of 190 "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor/Contractor shall be required to file a Statement of May 4, 2021, Item #5Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 14. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 7 of 190 May 4, 2021, Item #515. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. (c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. 8 of 190 May 4, 2021, Item #5(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. Contractor'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. 9 of 190 May 4, 2021, Item #520. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 10 of 190 May 4, 2021, Item #5Contractor 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) 11 of 190 May 4, 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, City Manager Date: ------------ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: BrightView Landscape Services, Inc. By:------------David Howell, Vice President/General Manager Date: ------------A I. H -'--"-By: _().JM-_____ W __ k/ __ V-__ _ Alan Fenstermacher, City Attorney 12 of 190 May 4, 2021, Item #5A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to perform landscape maintenance services as required by City, further described in the Scope of Services submitted with the proposals dated March 25, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated March 25, 2021, which are included in this document as Attachment 2. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing July 1, 2021 and ending June 30, 2023, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal), the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than June 30, 2023. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. D. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: 13 of 190 May 4, 2021, Item #5(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Contractor shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: 14 of 190 City of Poway P.O. Box 789 Poway, CA 9207 4 May 4, 2021, Item #515 of 190 To Contractor: BrightView Landscape Services, Inc. 6218 Fairmount Avenue, San Diego, CA 92120 (Remainder of page intentionally left blank) May 4, 2021, Item #5EXHIBIT "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 190 (!)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 May 4, 2021, Item #5a 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 190 (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. May 4, 2021, Item #5(g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (t) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 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 (t)(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 (t)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 18 of 190 May 4, 2021, Item #5Attachment 1 CONTRACTOR RESPONSIBILITIES 1. Duties of Contractor: During the term of this Agreement, the selected contractor shall perform all work as described in the technical specifications and will be responsible for the following: a. Ensuring that all contractor employees are properly trained at no cost to the employees, prior to start of contract and each year thereafter, at such time as new hazards are introduced on the job, or when new employees are added to the roster. b. Providing uniforms including brightly colored traffic vests or reflector to personnel when interacting with vehicular traffic and the washing (and decontamination as necessary) of uniforms. c. Developing personnel policies. d. Providing inspection procedures and periodic inspection of facilities. e. Conforming to all applicable Cal-OSHA, DOT, and EPA regulations, including Cal-OSHA's Hazard Communications Standard. f. Conforming to all other applicable Federal, State, and Local regulations. 2. Contractor Personnel: The City of Poway shall, throughout the life of the contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the selected contractor. If the City of Poway reasonably rejects staff or subcontractors, the selected contractor must provide replacement staff or subcontractors satisfactory to the City of Poway. The day-to-day supervision and control of the selected contractor's employees and subcontractors is the sole responsibility of the selected contractor. 3. Equal Employment Opportunity: The selected contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. Contractor shall take affirmative action to ensure that all employees and applicants for employment shall be treated with equality in all aspects of employment processes -including, but not limited to: hiring, transfer, promotion, training, compensation and termination; regardless of their race, creed, color, sex, national origin, age, or physical handicap. 4. Local Office: The selected contractor shall maintain a local office within the County of San Diego and shall have a competent representative available during the working hours of 7:00 a.m. to 4:00 p.m. to discuss matters pertaining to the contract and who can make authoritative decisions. At all times during the term of this contract, the contractor shall provide the City with a twenty-four (24) hour per day, seven (7) day per week emergency phone or cell phone number. An answering service is not acceptable, except when forwarding oral complaints (which shall be followed by written notice). Within two (2) hours after an emergency call is made requesting the contractor to perform emergency services, the contractor shall be on site to commence the required 19 of 190 May 4, 2021, Item #55. 6. 7. 8. service. Failure to respond in such time shall result in a $200.00 penalty for each occurrence. The Contractor shall supply the City designee with names and telephone numbers of responsible persons representing the Contractor for emergency responses. This information shall be kept current at all times. Additionally, an email address or fax number shall be required to receive written notices and authorizations for emergency services. Changes shall be provided to the City in writing within twelve (12) hours of any such change. Failure to maintain this information in a current state may result in $200 penalties for each occurrence. Invoices: The selected contractor shall maintain written records of personnel and their work assignments. These shall include hours worked (time in/time out), facility assignment(s), and any work related accidents, etc. These records shall be made available to the City upon request and must be maintained for not less than five (5) years. Payment may be withheld until all adequate documentation is provided. Quality Control: The selected contractor shall institute and maintain throughout the contract period a properly documented quality control program designed to ensure that the services are provided at all times and in all respects in accordance with the contract. The program shall include providing daily supervision and conducting frequent inspections of the contractor's staff and ensuring that accurate records are maintained describing the disposition of all complaints. The records so created shall be open to inspection by the City of Poway and made available upon request. Quantity and Quality of Materials or Services: All goods or services furnished must meet the specifications prescribed by the City. Materials shall be delivered on site in original unopened containers. Materials are subject to inspection. Materials, which do not meet specifications or equal the quality of the sample provided when applicable, shall be rejected. Repairs: All damages or alterations to City property resulting from the performance of work under these specifications during the term of contract shall be repaired or replaced immediately and in kind, to the satisfaction of the Director of Public Works and at no cost to the City. Repairs, replacements not completed to the satisfaction of the Director shall be deducted from the contract payment to cover costs. [Remainder of Page Left Blank Intentionally] 20 of 190 May 4, 2021, Item #5PURPOSE AND SCOPE OF WORK 1. Purpose: The purpose of this contract is to provide comprehensive landscape maintenance services for City of Poway Landscape Maintenance Districts, Right-Of-Ways, and City facilities. The City proposes to contract with a contractor that is proactive in their work standards and can meet the qualifications set forth in this proposal package. The City of Poway, through its Special Districts Division, administers eight landscape maintenance districts. These districts are funded by assessments collected each year on individual property tax bills. The collection of these assessments and the maintenance of the districts are governed by California Assessment Law (Landscape and Lighting Act of 1972, Section VIII C&D as added by the passage of Proposition 218, and SB 919 "Omnibus Act"). Sites to be maintained under the terms of this Contract are outlined in Appendix B. The specifications, schedules, and information sheets are intended to supplement each other and together constitute a complete set of specifications. Should anything be omitted from the specifications, schedules, and plan drawings, which is necessary to a obtain clear understanding of the work, or should it appear various instructions are in conflict, then the Contractor shall secure written instructions from the Director or his/her agent before proceeding with the work affected. It is understood and agreed the work shall be performed and completed according to the true spirit, meaning, and intent of the contract, specifications, schedules, and information sheets. After executing the Contract. no consideration will be given to any claim of misunderstanding of the documents or alleged unfamiliarity of the site conditions affecting the work. 2. Scope of Work: Complete landscape maintenance of designated areas as specified herein. During and at the end of the maintenance period, all plant material shall be in a healthy, growing condition. 21 of 190 a. The Contractor shall provide all equipment, labor (note: this includes all supervisory and maintenance workers hours), and materials necessary to maintain the areas (including irrigation services) designated in the Contract. b. All work shall be performed following the best landscaping maintenance practices, and shall be in keeping with the high aesthetic level of the facilities being maintained. Plants shall be kept in a healthy condition throughout the contract term. The Director of Public Works or their agent will conduct inspections periodically to approve or reject the work performed or the methods and materials used. May 4, 2021, Item #53. Specifications and Plans: a. The work performed shall be done in accordance with the most currently adopted edition of the Standard Specifications for Public Works Construction, hereinafter referred to as Standard Specifications, the City of Poway Supplemental Engineering Standards, and the City of Poway Landscape and Irrigation Design Manual. b. In case of conflict between the Standard Specifications and these Specifications, these Specifications shall take precedence over and be used in lieu of such conflicting portions. c. References in these Specifications to the Standard Drawings shall mean the City of Poway Standard Details and/or superseding document thereof. Where the plans or specifications describe portions of work in general terms, but in complete detail, it is understood that the item is to be furnished and installed complete and in place, and workmanship of the first quality is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Contract. 4. Location of Work: At various locations throughout the city limits of Poway, California. 5. Time of Completion: Contractor will perform the services set out in this Contract, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. It is understood that CITY, in entering into this Contract, is relying on Contractor's representations for quality and professional work performed in a timely manner, and Contractor shall perform in accordance with those representations and standards. 6. Accidents and Vandalism, et. al: Any and all accidents and vandalism are to be reported to the City's representative, in writing, within 24 hours of an incident. 7. Additional Repairs: During routine maintenance, the Contractor is expected to watch for and make all necessary repairs, including but not limited to, weed and litter abatement, and dead plant material removal. However, if a situation is observed that requires repair and said repair is a repair which may be billed to the City, approval by the Director or the Director's representative is required prior to beginning those repairs. 8. Additions and Deletions: Any time during the period of the contract or during option year periods, the City reserves the right to add or delete square footage and/or acres to or from the District/city inventory of area to be maintained under the provision of this contract at the cost per square foot and/or per acre, taking into consideration project location, in effect at the time of such action. 22 of 190 May 4, 2021, Item #59. Authority and Duty of the City Representative: a. It is mutually agreed by and between the parties of this contract, that the City representative shall supervise all work included herein "as required" by the Director. b. In order to prevent delays and disputes, and to discourage litigation, it is further agreed by and between the parties of this contract that the City representative shall "as required' by the Director in some instances determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. c. The City representative shall determine all questions in relation to said work and the installation or maintenance thereof, and in all cases decide every question which may arise relative to the execution of this contract by Contractor. d. The City representative's decisions and findings shall be the conditions precedent to the right, of the parties hereto, to arbitration or any action on the contract and to any rights of the Contractor to receive any money under this contract. e. Should the City representative render any decision or give any direction which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the Director, within thirty (30) calendar days, their written objections to the decision or direction so rendered and, by such action, may reserve the right to submit the question so raised to arbitration as herein provided. f. It is the intent of this agreement that there shall be no delay in the execution of the work, and the decision or directions of the City representative, as rendered, shall be promptly carried out. Any claim arising therefore, shall be thereafter adjusted by arbitration as hereinafter provided. 10. Character of Workers. The Contractor shall employ only workers who are competent to perform the work assigned to them, and in the case of skilled labor, who are adequately trained and experienced in their respective trades and who do satisfactory work. Should the Director notify the Contractor that any person(s) employed by the Contractor is, in the Director's opinion, incompetent, unfaithful, or disorderly, or who uses threatening or abusive language to any person representing the City while on the work site, such person shall be immediately discharged from the work site and shall not be re-employed thereon except with the written consent of the Director. 11. Chemicals, Use of. The Contractor may not use chemicals for any purpose unless they has the proper licenses as stated in Section II, Item 27, Certificates and Licenses. The Contractor shall submit a list of all chemical herbicides, rodenticides, and pesticides proposed for use under this Contract for approval by 23 of 190 May 4, 2021, Item #5the City's representative. Materials included on this list shall be limited to chemicals approved by the State of California, Department of Agriculture, and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendations of a licensed pest control advisor. The use of chemicals shall conform to the current San Diego County Department of Agriculture regulations. No chemical herbicide, rodenticide, or pesticide shall be applied until its use is approved, in writing, by the City's representative as appropriate for the purpose and area proposed. The monthly report required of the Contractor shall include a statement of all applications of herbicides, rodenticides, and pesticides detailing the chemical used, quantity, rate of application, area in which used, and the purpose of the application. 12. City's Right to Do Work: The City reserves the right to do work other than that required by these Specifications within the Contract area. If such work by the City affects the performance of this Contract by Contractor, before undertaking any restorative work, Contractor will be asked to submit an estimate of repair costs. 13. Contractor to Check Schedules and Information Sheets: The contractor shall check all Schedules and Information Sheets given to them by the City representative and shall notify the City representative of any discrepancy or any error or omission which the Contractor may discover in the course of the work. The Contractor will not be allowed to take advantage of any error or omission in the Contract documents, as full instructions will be furnished by the City representative should such error or omission be discovered, and the Contractor shall carry out such instruction as if originally specified. 14. Diligent Performance of Work: If, in the opinion of the City representative, the labor furnished by the Contractor is incompetent, unskilled or unreliable, their equipment inadequate, improper or unsafe, or if the Contractor fails to continuously and diligently execute the work, the City shall, in writing, instruct the Contractor to remove all such causes of complaint and the Contractor shall have five (5) days to comply. Payment shall be withheld until the Contractor has executed all work to the specification standards to the City's satisfaction. 15. Disposal, Recycling, and Grasscycling of Trash, Debris and Greenwaste: a. Contractors are instructed to exclude dump fees and the cost of hauling landscape refuse (green waste) outside the City. If needed, the City as part of the comprehensive recycling program, will provide Contractor(s) with a 40-yard roll-off container at a location within the City for disposal of landscape maintenance green waste. Trash removed from trash receptacles at City facilities that is not green waste shall be disposed of in trash containers on-site or as directed by the City. b. Solid waste: The Contractor shall not allow the work site to become littered with trash and debris and shall maintain the same in a neat and orderly condition throughout the Contract period. This includes any trash or debris left on the site. All disposal of trash and debris is included in the contract 24 of 190 May 4, 2021, Item #5price. The Contractor shall promptly remove all debris generated by Contractor's work. immediately after working in areas of public streets, gutters, driveways, and paved areas, the Contractor shall clean them with suitable equipment. c. Recycling of green waste: The Contractor will recycle all green waste from pruning, trimming, weeding, edging, and other work required in the specifications of this contract. It must be recycled to an appropriate greenwaste recycling location. All trash and debris is to be removed from the greenwaste prior to recycling. Recycling is included in the contract price. d. Grasscycling must be utilized when mowing. Grass clippings to remain in grass unless otherwise directed. 16. Estimated Quantities: The Contractor agrees that the quantities of work as stated in the Contractor's proposal, or indicated in the schedule of information sheets, are only approximate, and that during the progress of work, the City may find it advisable, and the Contractor shall have the right, to omit portions of work and to increase or decrease the quantities. The City reserves the right to add or delete any items as may be deemed necessary or desirable. Under no circumstances or conditions will the Contractor be paid anything on account of anticipated profits for work or any portion thereof covered by this Contract, which is not actually performed, and which has not actually entered into the installation or maintenance of improvements. 17. Excessive Water Usage: In case of Level of 2 or higher water shortage, or a change in local state or federal law(s), the Contractor is responsible for meeting citywide water restrictions as may be determined by the City Council, unless otherwise directed. The City has bi-monthly water quantity figures for all irrigation meters. If the excess water usage cannot be justified, the Contractor will be charged for the excessive use and will be deducted from the monthly payment. 18. Experience: Prior to contract award, the successful proposer(s) for this Contract shall be required to demonstrate to the City of Poway Landscape Maintenance District, or its agent, that landscape maintenance for municipalities or government agencies has been successfully performed in the Southern California area for a minimum of three (3) continuous years of the type involved in this Contract and possesses suitable equipment, staff, and facilities to perform the work. 19. Extra Work: 25 of 190 a. If extra-work orders are given in accordance with the provisions of this contract, such work shall be considered a part hereof and subject to each and all of its terms and requirements. b. It is agreed that the Contractor shall perform all extra work under the direction of the City representative, when so ordered by the City May 4, 2021, Item #526 of 190 representative or City. It is further agreed that the compensation to be paid to the Contractor for performing extra work shall be determined in advance by the City representative, according to one of the following methods: Method A) Method B) Method C) By agreed unit prices of this contract; or By agreed lump sum; or By agreed unit prices of this Contract, and by agreed lump sum and/or by agreed unit prices for that portion of work which has no agreed unit prices in this Contract. c. Extra work will not be initiated without written authorization from the City or Agent in the form of a work request for such extra work to be performed. The method and/or procedure for said extra work written order shall be as determined by the City representative. d. Extra work may include, but not be limited to: 1) Preventive maintenance performed on irrigation systems or in relation to planted areas (i.e. weed control or pruning) not discussed in the bid specifications. 2) Repairs or replacement due to vandalism or accidents. 3) Remedial landscaping. e. Labor costs shall not exceed the contracted hourly rate in the fee schedule or in future contract amendments adjusted for CPI. f. Material cost shall be the actual cost plus ten (10) percent for handling of materials purchased by the Contractor and used for the extra work, including sales taxes, freight and delivery charges on an as-needed basis. Receipts will be reviewed by the City Representative. g. Equipment rental shall include reasonable rental time machinery or equipment is required, plus reasonable move-in and/or move-out charges. All equipment shall be in good working order and be suitable for its purposes. h. GraffitiNandalism. CONTRACTOR shall document and report to City all observations of: graffiti and other vandalism; illegal activities; transient camps; missing or damaged equipment or signs; hazards or potential hazards, including without limitation, sidewalk hazards caused by trees or other means, within 2 hours of observation. Graffiti shall be addressed by the Contractor within twenty four (24) hours of notice or observation. The Contractor shall notify the Contract Inspector of graffiti. i. The Contractor may charge extra for labor and materials to remove or eradicate graffiti provided the City's representative has approved the May 4, 2021, Item #5method to be used by the Contractor. Graffiti shall be eradicated by the Contractor within one (1) day of notice or observation. The Contractor shall notify the City's representative by submitting an incident report and receive a work order for this extra work prior to removing the graffiti. j. Exclusion From Extra Work. The Contractor may be requested to perform special tasks that are above their normal scheduled work, i.e., pruning for an aesthetic view problem. It is intended that the Specifications are indicative of the work to be anticipated but the Contractor will allow for additional work at no additional cost to the City that are considered normal maintenance to meet the objectives and criteria. Work performed without prior written approval will not be reimbursed. 17. Hazardous Conditions: The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from their operations. Any hazardous conditions noted by the Contractor, which are not a result of theiir operations, shall immediately be reported to the Special Districts Office (858) 668-4708 or the main Public Works line (858) 668-4700. 18. Holidays: The Contractor shall provide a list of those holidays recognized by the Contractor. Designated City holidays include: New Year's Day (January 1 ), Martin Luther King's Day (3rd Monday in January), Washington's Birthday (3rd Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (1st Monday in September), Veteran's Day (November 11 ), Thanksgiving and the day after (4th Thursday and Friday in November), and Christmas Day (December 25). The City's holiday list shall take precedence above the Contractor's. Additional days requested by the Contractor shall be made up as a part of this Contract. City offices are closed every other Friday. Any changes or additions to the holiday list will be provided as soon as they are known. 19. Key Personnel: The contractor is to provide an organizational chart [or list] indicating job descriptions of key personnel [i.e., accounts payable/receivable] for contact purposes. 20. Losses from Natural Causes: All loss or damage arising out of the nature of the work to be done, or from the action of irrigation floods, overflows, or ground water, or from unusual obstructions or difficulties, or any other circumstance either known or unforeseen which may be encountered in the execution of said work shall be sustained and borne by the Contractor at the Contractor's own expense. 21. Method of Payment/ Monthly Reports: a. The Contractor will be paid monthly, in arrears, for work performed satisfactorily under this Contract. Payment for maintenance of sites listed in this specification as being planned for construction some time during the life of the Contract will not start or be made until after the Director advises the Contractor in writing that the Contractor is authorized to commence 27 of 190 May 4, 2021, Item #5maintenance. b. By the first of each month, the Contractor shall submit a detailed report of maintenance performed and materials used in the prior month. This monthly report shall include before and after photos of the pump station and reservoir locations. A Monthly Pesticide Use Report shall also be submitted (but shall not take the place of the Pesticide Use Report required by the County of San Diego). 22. Methods of Operation: a. The Contractor shall give to the City's Representative full information in advance as to the Contractor's plans for carrying on any part or the work (i.e., Bi-Weekly Maintenance and Irrigation Schedules). b. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of the Contractor's personnel, equipment, and methods. c. The approval by the City of any plan or method of work proposed by the Contractor shall not relieve the Contractor of any responsibility thereof, and such approval shall not be considered as an assumption by the City, or any officer, agent, or employee thereof, of any kind of liability, and the Contractor shall have no claim under this contract on account of failure of inefficiency of any plan or method so approved. Such approval shall be considered and shall mean that the City has no objection to the Contractor's use or adoption, at the Contractor's own risk and responsibility, of the plan or method so proposed by the Contractor. 23. Modifications and Alterations: a. In executing the contract agreement, the Contractor agrees that the City shall have the right to make such modifications, changes, and alterations, as the City may see fit, in the work agreed to be done or any part thereof, or in the materials to be used therein, either before or after the beginning of installation work thereof, without affecting the validity of the contract. b. Where any modification, change, or alteration increases the quantity of work to be performed, and is within the scope of a fair interpretation thereof, such increases shall be paid for according to the quantity of work actually done according to unit prices. c. Modifications and alterations which reduce the quantity of work to be done shall not constitute a claim for damages or for anticipated profits on work involved in such reduction. d. All orders for modifications, changes, or alterations in the work as herein provided shall be in writing by the Director or the City representative. 28 of 190 May 4, 2021, Item #524. Monthly Contractor's Meetings: Meetings will be held the first Tuesday of each month at a designated time between all contractors and City staff (i.e., Public Works Supervisor and Contract Specialist/inspector. The purpose of these meetings is to discuss pertinent matters related to contracts and receive monthly billings. Upon request, the Contractor or their representative shall walk maintenance areas with the City representative or the Maintenance Supervisor and/or Inspector for the purpose of determining compliance with the Specifications or to discuss required work. The Contractor shall submit, at this meeting, a detailed report of the work performed, materials used during the past month, work to be performed in the current month, and additional reports as applicable ~s detailed in Section IV, Item 23. 25. Non-performance/Non-compliance: a. If the City determines that Contractor has not fulfilled the Contract according to the Specifications, those discrepancies and deficiencies in the work that remain uncorrected will justify a billing adjustment in the month following the occurrence. Sufficient notice by issuance of a written work order shall be given the contractor to correct any discrepancies and deficiencies within five (5) working days. b. When Contractor's negligence results in excessive use or waste of irrigation water, the estimated cost of this water shall be deducted from the contract payment. c. If the Contractor is terminated for non-performance, the City may contract out the remaining work at the Contractor's expense. d. If it is determined that the Contractor has not performed the work satisfactorily under the provision of this Contract, a non-credit status may be enforced during this period of "non-compliance". This prorate shall be based on the total yearly amount for labor divided by the working days available. If a non-credit status is imposed due to the Contractor's non-performance or non-compliance to the specifications and requirements of the Contract, it is agreed that the City will withhold payment of any invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this Contract. 26. Notice Requirements: a. General: Notice shall be deemed to have been given by either party by posting of a certified, registered, or couriered letter, or the sending of a telegram, to the business address of the other party. b. Non-performance/Non-compliance: 29 of 190 1) Work orders shall be written which shall serve as first notice of any discrepancies and/or deficiencies. This notice shall state a reasonable May 4, 2021, Item #5time in which the contractor is to make any necessary corrections, or request the Contractor to provide a reasonable (as determined by the City) schedule of work. Should an emergency arise, the contractor is to respond immediately per Section II, item 4. 2) Should the contractor fail to meet the time limit set forth in the Work Order issued for a non-emergency, the contractor shall receive, in writing by facsimile and/or by certified mail, a second notice. The second notice puts the contractor in violation, and a specific date shall be given for compliance. 3) Should the Contractor not pursue corrective measures after the specific date has expired on the second notice, the City shall have the right to: a. Perform or hire another contractor to perform the work which shall be reimbursable by the Contractor, at cost plus a fifteen (15) percent administrative fee; or b. Issue a third and final work order with a "final" date and time. The Contractor is required to meet with City staff and review the discrepancies/deficiencies. No fourth work orders will be issued under any circumstances. c. Failure to Comply. Should it be necessary for the City to take action against the Contractor for non-performance and/or noncompliance of these specifications, i.e., Contract, the City shall: 1) Issue a Notice of Cause to the Contractor (either in person, by certified or registered mail, or by private courier) that will serve as a claim against the Contractor. 2) Should it be necessary, a Notice of Termination shall be given to the Contractor should the Contractor be found in breach of contract and non-compliance with the above. The Contractor shall be held responsible for any costs(s) that remain to re-assign the work to another Contractor. 27. Payment: The Contractor shall present monthly invoices for the contracted monthly amount. Included in the billing shall be: a. A maintenance chart showing all the work functions accomplished during the month for which the billing is submitted (e.g., fertilization, pest control, etc.). b. Included with the billing statement, the Contractor is to provide the City with a maintenance schedule for the next month of service. c. Reimbursement for replacement of parts shall be made upon verifications that old parts have been labeled and submitted to the City Representative weekly inspections. 30 of 190 May 4, 2021, Item #5d. Payments will be made monthly after verification of completion of the work by the City Representative. All Contractor and vendor invoices must accompany billing to show proof of expenditures before the City makes payment. Failure to present invoices may cause delay in payments. e. All work that is outside the basic Contract price and is to be covered by contingency funds must be negotiated before the work is accomplished. f. Monthly invoices are to be sent to: Landscape Maintenance Districts Public Works Department City of Poway P.O. Box 789 Poway, CA 9207 4-0789 INVOICES EXCEEDING THREE MONTHS FROM MONTH END FOR WHICH WORK WAS PERFORMED WILL ONLY BE PAID AT THE DISCRETION OF THE DIRECTOR OF PUBLIC WORKS. 28. Payments Withheld: The City may withhold payment as necessary to protect the City from loss due to: a. Work required in the Specifications that is defective, incomplete or not performed. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of Contractor to make payments to subcontractors or for materials or labor. d. A reasonable doubt that the Contract can be completed for the balance then unpaid. 29. Payroll Records: The City retains the right to examine the Contractor's payroll records and to consult with the Contractor's employees to determine if legal wage rates are being paid. These records must be available within the City limits of the City of Poway. 30. Personnel: Contractor shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. The number of employees assigned to this contract shall be approved by the City prior to the start of the contract and listed on the Contractor's information form under the Section VII, Forms. The City reserves the right to interview the contractor's assigned staff at any time for the purpose of assuring the City that the employee has the proper technical skills and understands the expectations of working in a municipal setting. Contractor's employees, whether assigned to any one facility or as part of a crew serving any number of facilities, shall include at least one individual who speaks 31 of 190 May 4, 2021, Item #5and writes the English language proficiently and has a cell phone with an active e-mail account. City may, at any time, give Contractor written notice to the effect that the conduct or action of a designated employee of the Contractor is, in the reasonable belief of the City, detrimental to the interest of the public patronizing the premises. Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter and Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of Contractor's employees will not be detrimental to the interest of the public patronizing the premises. Contractor is required to establish an identification system for personnel assigned to the facility which clearly indicates, to the public, the name of the Contractor responsible for the landscape maintenance services. The identification system shall be furnished at the Contractor's expense and will include appropriate uniforms and/or name badges as specified by the City. Sufficient changes shall be provided to present a neat and clean appearance of the landscape personnel at all times. Contractor shall maintain full staffing levels during inclement weather to deal will all weather related work, such as, but not limited to keeping all drainage structures (brow ditches) clear and in operating condition. The contractor may request a manpower reduction during inclement weather and accumulate hours of work owed back to the city at the contract rate if approved by the city. Or the reduction of manpower can be deducted from the monthly maintenance invoice. All manpower reduction requests must be in writing from the contractor and if the contractor reduces manpower at any time that is not authorized by the city, the city may deduct money from the monthly maintenance invoice at the contracted hourly rate. 31. Personnel, Supervision: a. The Contractor shall furnish sufficient supervisory and working personnel to promptly accomplish, to the satisfaction of the Director or their agents, and on schedule, all work required under this Contract during the regular and prescribed hours. The Contractor and their employees shall conduct themselves in a proper and efficient manner at all times and shall be suitably attired. The Director may require the Contractor to remove from the job site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment may be considered contrary to the best interests of the City. b. The Contractor shall furnish a competent supervisor on the job at all times who is capable of discussing matters pertaining to this Contract with the Director of Public Works or their agents. They shall have a minimum of four (4) year's experience in landscape maintenance supervision. 32 of 190 May 4, 2021, Item #5c. The Contractor or their staff should have expertise and experience in turf management, entomology, pest control, soils, fertilizer, plant identification and irrigation systems maintenance, and be able to display competence in these areas to the Director or their agents. 32. Project Inspections: a. The City representative and the Contractor's supervisor will meet on the site on a weekly basis, to inspect the project and determine compliance with the Specifications or to discuss required work. The supervisor's time is inclusive of the contracted price. b. Inspection Reports for each area surveyed shall be prepared by the City representative and given to the Contractor's supervisor. These reports shall note the inadequacies, discrepancies, and/or deficiencies of an area. (See Item 28 of this Section, Notice Requirements. 33. Protection of Existing Facilities and Structures: a. The Contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities both above surface and underground on the District's or City's property. Any damage to said property deemed to be caused by the Contractor's neglect shall be corrected or paid for by the Contractor at no cost to the City. This will include loss of plant material due to improper care. b. If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to contact the various utility companies to verify and locate any underground systems or utility lines. The Contractor shall take responsibility for exercising caution when working in these areas. If the Contractor damages utilities, they will be responsible for making the necessary repairs at their own expense. The Contractor will notify the City within one (1) hour of any damage that occurs. c. The Contractor shall provide barriers, which are to be kept in place at all times, to protect persons other than those engaged on or about the work from any accident. The Contractor will be held responsible for all accidents to persons or property through any negligence of the Contractor or the Contractor's employees. d. The Contractor shall agree to, and shall, hold the City, its elective and appointive boards, officers, agents, volunteers, and employees, harmless from any liability for damage or claims for damage which may arise from the Contractor's operations under this contract agreement, whether such operations be by the Contractor or any Subcontractor, or by any one or more persons directly or indirectly employed by, or acting as agent for, the Contractor or any Subcontractor or its elective and appointive boards, officers, agents, volunteers, and employees from any suits or actions at law 33 of 190 May 4, 2021, Item #5or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations. e. The Contractor shall give reasonable notice to the owner(s) of public or private property and utilities when such property is liable to injury or damage through the performance of the work, and shall make all necessary arrangements with such owner(s) relative to the removal and replacement or protection of such property or utilities. 34. Protection of Property During Inclement Weather: During storms, the Contractor will provide supervisory inspection of the project during regular hours to prevent or minimize possible damage from inclement weather. The Contractor shall submit a report [attached to site map] identifying any storm damage to the City identifying location of damage and cost estimates. It is the Contractor's responsibility for removing branches and leaves downed by high winds or other typical or non-typical environment condition is as follows: a. Contractor must remove, at no additional cost, all debris on contracted property regardless of disposition of affected tree, shrub, or any other landscape related item, within 48 hours of notification or self-discovery. b. Leaves or other landscape debris which accumulates in street gutters adjacent to Contractor's area of work, shall be removed by Contractor at no additional charge to City. c. Debris inhibiting proper flow of water in v-ditches and other structures shall be removed as needed to prevent flooding or damage to property. Damage caused by or increased cost incurred by the City as a result of Contractor not maintaining site in satisfactory condition prior to inclement weather, will be charged to the Contractor. If additional work beyond this Contract, it shall be paid for as extra. 35. Provision for Emergencies: a. Whenever, in the opinion of the City representative, the Contractor has not taken sufficient precaution for the safety of the public or the protection of the work to be done under this Contract, or of adjacent structures or property which may be injured by processes of maintenance, on account of such neglect an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal, or property interests, then the City representative, with or without notice to the Contractor, may provide suitable protection to the said interest by causing such work to be done and material to be furnished and placed as the City representative may consider necessary and adequate. The cost and expense of such work and material so furnished shall be borne by the Contractor, and, if the same shall not be paid on presentation of the bills therefore, such costs shall be deducted from any amounts due or to become due the Contractor. The performance of such emergency work under the 34 of 190 May 4, 2021, Item #5direction of the City representative shall in no way relieve the Contractor of responsibility for damages which may occur during or after such precaution has been duly taken by the City representative. b. The Contractor shall not be entitled to any damages or extra pay on account of any postponement, interference, or delay caused by any such structures and facilities within the work area whether they are shown on the plans or not. 36. Record Drawings: A set of record drawings of irrigation systems, where available, may be obtained by the Contractor in electronic format upon request to the Special Districts Division at a cost for duplication. 37. Relations with Other Contractors. a. The Contractor shall cooperate with all other contractors who may be performing work on behalf of the District or City and workers who may be employed by the District or City on any work in the vicinity of the work to be done under this contract. The conduct of the Contractor's operations shall interfere to the least possible extent with the work of such contractors or workers. b. Any difference or conflict that may arise between the Contractor and other contractors, or between the Contractor and District or City workers, in regard to their work, shall be adjusted and determined by the Director or their Agent. c. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or contractors, the Contractor shall have no claim against the District or City on that account other than for an extension of time. 38. Repairs: a. All portions of existing structure or facilities, including irrigation systems, which are damaged or altered in any way, as a result of the performance of work under these Specifications during the term of the Contract, shall be repaired or replaced in kind and in an approved manner. All work of this kind shall be performed by the Contractor at no cost to the City, and shall be as indicated by the City's Representative. Repairs to facilities shall be made immediately after damage or alteration occurs, unless otherwise instructed. A comprehensive testing and check of all irrigation systems shall be made approximately thirty (30) days prior to the end of the Contract and any repairs deemed the responsibility of the Contractor shall be made by the Contractor prior to the end of the Contract. If repairs are not made by the Contractor to the satisfaction of the City's representative, deductions shall be made from the Contract payment in the amount to cover the cost to eliminate the discrepancies, as determined by the Director. 35 of 190 May 4, 2021, Item #5b. All portions of existing structures or facilities, including irrigation systems, which are damaged or altered by vandalism, theft, or disappearance shall, as indicated by the City's representative, be repaired or replaced in kind and in an approved manner. All work of this kind shall be performed by the Contractor. Authorization from the City's representative must be obtained before repairs to the facilities are made unless otherwise directed. c. Any replacement must conform to the type and kind of existing system. Any deviation must be approved in writing by the City's representative. d. A written Incident Report for damages exceeding twenty-five dollars ($25.00) shall be submitted by the Contractor for all occurrences of vandalism, theft, damage, or disappearance detailing the quantity, size and location, within forty-eight (48) hours after the occurrence. Contractor's failure to meet this requirement will result in Contractor's responsibility for total repair costs. Reports shall be filed for all damages occurring on the site. However, the City will not be liable for minor damages of less than twenty-five dollars ($25.00). These costs will be the responsibility of the Contractor. e. Old parts, as they are replaced, shall be labeled and turned in to the City representative at the time of weekly inspections to validate billings for reimbursement. 39. Reports, Records and Schedules: CONTRACTOR shall prepare and submit to CITY a monthly project report. Said report shall indicate the overall condition of the maintained sites and list specifically any unusual or problem areas or situations. The report shall also include action to be taken by CONTRACTOR to rectify said situation(s) and indicate the anticipated time frame for compliance. a. Pesticide Reports: 36 of 190 1. Records of all pesticides and fertilizers used by CONTRACTOR on City property will be submitted electronically through e-mail on a provided excel spreadsheet, by the first working day of the month to CITY representative. CONTRACTOR is responsible to maintain site and date specific records which shall be retained in accordance with Department of Pesticide Regulations. 2. Records of all operations shall be kept per California Department of Pesticide Regulations. 3. The monthly use reports are due by the 10th of each month and will have the total amount of chemicals, including fertilizers, used on CITY property per CDPR and NPDES requirements. 4. Copies of current Qualified Applicator Licenses/Certificates. and a licensed Pest Control Advisor per the CA Department of Pesticide May 4, 2021, Item #5Regulations. Provide copies of current licenses and certificates. Must be maintained for life of the contract. b. Irrigation Reports: CONTRACTOR shall maintain and submit to CITY the following reports at the prescribed times: 1. Irrigation Tracking Sheet: To be filled out at the time of scheduled testing/repairing and turned in monthly to CITY. 2. Annual Irrigation System Maintenance Record: CONTRACTOR is to provide a spreadsheet listing each system serviced (including recycled water connection/coverage testing) with the date, an itemized list of the service provided and the name and signature of the person(s) that did the work. c. Green Waste Report: This report is due to CITY on a monthly basis with the following information: 1. The area from which the green waste was removed. 2. The weight of the green waste. 3. The name and address of the company that is processing the green waste recycling. 4. Amount of green waste reused in Poway, if any. 5. Amount of green waste reused outside of Poway, if any. d. Additional Reports: Additional reports shall also be submitted as applicable, including but not limited to the following: 37 of 190 1. Suggestions for improving problem areas. As needed or as requested by City. 2. Reports of work planned. Due at meeting with City. 3. Cost information to perform extra work for upgrading specific areas. As needed or requested by City. 4. Weekly Maintenance Schedule(s). i) Contractor shall provide a weekly maintenance schedule to the City. Due at weekly meeting. ii) Notification of change in scheduled work must be received by the May 4, 2021, Item #5City at least twelve (12) hours prior to the scheduled time for the work. iii) Contractor shall adjust their work schedule to compensate for all holidays and inclement weather. 5. Seasonal Irrigation Schedule Form(s). Due at last weekly meeting of the month. 6. Accident Reports. Due within twenty-four (24) hours of accident. 7. Incident Reports. Due within twenty-four (24) hours of incident. 8. Hazard Reports. Due within twenty-four (24) hours of identification/discovery. 9. Irrigation test reports. Due at weekly meeting or at last meeting of the month depending on type of site. 40. Response: The Contractor's supervisor shall be available, by pager, cellular phone, of home phone number, to handle emergencies per Section II, Item 4. If the Contractor cannot be contacted, the City retains the right to complete the necessary emergency action and deduct time and materials from the Contractor's monthly billing. 41. Responsibility of the Contractor: a. The Contractor shall furnish all transportation, tools, equipment, and labor, and be solely responsible for the safe, proper, and lawful installation, maintenance, and use thereof. b. The Contractor shall protect the Contractor's work from damage and all injury to the same. c. The Contractor shall be solely answerable for all damage to the District or property of the District or City, to other contractors or other employees of the District or City, to the neighboring premises, or to any private or personal property, due to improper, illegal, or negligent conduct by himself, or the Contractor's subcontractors, employees, or agents in or about said work, or in the execution of the work covered by this Contract, or any extra work undertaken as herein provided, or to any defect in, or any improper use of machinery, equipment, materials, or materials storage. d. Any plan or method of work suggested by the Director or their representative to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. Neither the City nor its agents will assume any responsibility therefore. 38 of 190 May 4, 2021, Item #542. Responsibility for Work: The Contractor shall be responsible for all damages to people and/or property that occur as a result of the fault or negligence of said Contractor or their employees in connection with the performance of the work. 43. Safety: All work performed under this Contract shall be performed in such a manner as to provide maximum safety to the public and comply with all safety standards required by CAL-OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this Contract. 44. Scheduling of Operations: a. The Contractor shall perform work at such time as to minimize disturbance or interference to resident convenience, pedestrian or vehicle circulation, specifically between the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday. The City is closed on alternate Fridays and no work shall be performed in the City right of ways that require traffic control. Exceptions may be made in mitigating circumstances and permission must be granted through the Director or the City representative. b. Operations that generate excess noise, i.e., running any type of power equipment, will not be allowed before 7:00 a.m., so as not to disturb the residents of the area. c. The Contractor shall keep the City informed of the Contractor's work activity including maintenance work, scheduled maintenance work, and extra work schedules. A two-week work schedule shall be provided to the City by the Contractor indicating planned work activity for the following two weeks by the Contractor. The Contractor shall use Monday as the start day of the workweek for said schedule during the Contract period. The work schedule shall be received by the City on the first Thursday prior to the start of the Contract and every other Thursday thereafter for the term of the Contract. When a holiday falls on a Thursday for which a schedule is to be submitted, the schedule shall be then submitted the day prior to the holiday. The City shall immediately notify the Contractor of any anticipated conflicts with planned work activity provided on said work schedules. d. The Contractor will also furnish a special notification, in writing, a list of exact start dates for fertilization, aerification, renovation, and other infrequent operations. This shall be furnished to the City's representative at least ten (10) working days in advance of performing these operations. 45. Soils and Plant Testing: When required by the City, Contractor test soils and/or plant in selected areas for soil fertility, salt buildup, or pathological organisms. These tests may be billed as an extra by the Contractor and will be used to determine whether additional treatments are required. The proposed testing lab 39 of 190 May 4, 2021, Item #5will be approved by the City. 46. Sound Control: a. The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to this Contract. b. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler and spark arrestor. c. Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be allowed thereof. 47. Subcontractors: No subcontractors will be recognized as such. All persons engaged in the work will be considered as employees of the Contractor; and the Contractor shall be held directly responsible for their work. 48. Substitutions: Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the City's representative. 49. Suggestions to Contractor Adopted at the Contractor's Own Risk: Any plan or method of work suggest by the City Representative, or other representative of the City, to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the City Representative and the City will assume no responsibility therefore. 50. Superintendent of Work: The Contractor shall provide and maintain, continually on the site of the work during its progress, adequate and competent superintendents of all operations for and in connection with the work which is being performed under this contract, either personal or by a duly authorized superintendent or other representative. 51. Supervision and Inspection: a. The City shall be and is hereby authorized to appoint or employ such supervising inspectors, as the City may deem proper, to inspect the materials furnished and the work performed under this contract, and to see the said materials are furnished, and the said work is performed according to specifications, schedules and information sheets. The Contractor shall furnish all reasonable aid and assistance required by the Director, or by the Director's authorized representative, for the proper inspection and examination of the work and all parts thereof. 40 of 190 May 4, 2021, Item #5b. The Contractor shall regard and obey the directions and instructions of the Director, or any properly authorized representative, when the same are consistent with the obligations of this contract and specifications. Should the Contractor object to any order given by any subordinate supervisor, inspector, or City representative, the Contractor may make written appeal to the Director for the Director's decision. c. Such inspection shall not relieve the Contractor from any obligation to perform said work strictly in accordance with the specifications, schedules, and information sheets, or any modifications thereof as herein provided, and work not so installed shall be removed and made good by the Contractor at the Contractor's own expense, and free of all expense to the City, whenever so ordered by the Director, without reference to any previous oversight or error in inspection. 52. Support Information/Quantities: The support information or quantities, such as square footages or acreages, are prepared from the best information available. The purpose of this information is to assist the Proposer, and the City takes no responsibility for complete accuracy. 53. Suspension of Work on Notice: The contractor shall delay or suspend the progress of work, or any part thereof, whenever the Contractor shall be so required by written order of the Director or City representative, and for such periods of time as delay or of such suspension of progress of work, or any part thereof, the time for completion of the work so suspended or of work so delayed by such suspension shall be extended for a period equivalent to the time lost by reason of such suspension; but such order of the Director or City representative shall not otherwise modify or invalidate in any way the provisions of this Contract. 54. Titles and Subheadings: The titles or subheadings used in this Contract, the Contract Schedules, Information Sheets, and Specifications are understood to be for convenience of reference only and shall not be taken or considered as being a part thereof, or as having any bearing on the interpretation thereof. 55. Unfavorable Maintenance Conditions: During unfavorable weather, wet ground, or other unsuitable maintenance conditions, the Contractor shall confine the Contractor's operations to work that will not be adversely affected. No portion of the work shall be done under conditions that would adversely affect the quality or the efficiency of the work, unless by special means or precautions approved by the City representative, allowing the Contractor the ability to perform the work in a proper and satisfactory manner. 56. Verbal Statements Not Binding: It is understood and agreed that the written terms and provisions of the Contract Agreement shall supersede all prior verbal statements of any and every official and/or other representative of the City, and such statements shall not be effective or be construed as entering into, or forming a part of, or altering in any way whatsoever, the written Contract Agreement. 41 of 190 May 4, 2021, Item #557. Certified Landscape Technician -Irrigation, and other: The Contractor is required to provide a foreman in possession of certification from California Landscape Contractors Association (CLCA) as a Certified Landscape Technician -Irrigation. The foreman is required to be onsite at all times during the repair, replacement, and installation of irrigation. A copy of the certificate is required prior to the award of contract. The Certified Landscape Technician-Irrigation must have a minimum of six months or 1,000 hours of irrigation-related field experience and have a California Landscape Contractors Association Certified Technician for irrigation or equivalent. The Irrigation Technician minimum requirement is six months or 1,000 hours of irrigation-related field experience. Certified Landscape Technician Crew Leader I -Four years of landscape maintenance repair and experience and possession of a California Landscape Contractors Association Certified Technician or equivalent. The Gardner must have one year of experience in landscape maintenance and repair. [Remainder of Page Left Blank Intentionally] 42 of 190 May 4, 2021, Item #5TECHNICAL SPECIFICATIONS 1. Obiectives: The objectives set forth herein are general results to be achieved by the maintenance methods set forth in Number 5 of this Technical Specification, "Methods of Performing Work." The purpose of these objectives is to allow the Contractor to assist in interpreting the long-range appearance of the landscaped areas and to assure that the design criteria and objectives established by the City are being met. When it is obvious that the methods specified are not adequate to meet the general appearance guidelines, that additional frequencies or special pruning are required, the Contractor shall adjust the schedule accordingly, at no cost to the City. a. The landscape goal for Districts is to visually unify the various land uses and maintain a standard of quality for community appearance. This will protect and enhance real estate values, as well as intensifying the image of the City of Poway as a pleasant and attractive place to live. 1) High visibility areas such as medians, parkway and slope planting adjacent to streets, paths, and sidewalks shall have a well-groomed appearance. "Dead" wood, branches, leaves and flowers should be removed from planters and surrounding areas as soon as noticed by the maintenance personnel. The maintenance personnel should be constantly aware of the overall general appearance of these critical areas. 2) All plant material on the site(s) shall be maintained to guarantee their vigorous and healthy growth according to the best horticultural practices, using proper maintenance techniques, including, but not limited to, irrigation, drainage, pruning/trimming, staking/guying, fertilizer applications, and pest control procedures. 3) The City may require soils and/or plant tests of selected areas for soil fertility, salt buildup, or pathological organisms. These tests, billed as an extra and cost, will be used to determine whether additional treatments are required. The proposed testing lab will be approved by the City. 2. Traffic Control and Maintenance: a. The Contractor shall conform to Section 7-10 of the Standard Specifications for Public Works Construction, 2018 Edition. b. When entering or leaving roadways that carry public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic, whether vehicular or pedestrian. 43 of 190 May 4, 2021, Item #5c. The Contractor shall include in their proposal all costs for the requirements enclosed within this section. Full compensation for signs, barricades, flagmen, and all other things necessary shall be considered as included in the various listed proposal items of work, and no additional allowance will be made therefore. d. Failure or refusal of the Contractor to abide by the restrictions as set forth in this section shall be sufficient cause for stopping the work until the Project Manager determines that the public and occupant safety is assured and occupant convenience is optimized. e. The Contractor must apply for a City Right-of-Way Permit, at no cost. Included with the Right-of-Way Permit, the Contractor must submit the following: 1) Copy of their Certificate of Insurance. 2) Copy of Contractor's license. 3) Traffic control plans for typical streets for maintenance and repairs, and shall be done in accordance with Appendix A of the San Diego Regional Standard Drawing entitled "Traffic Control Plans." The traffic control plans must be approved by the City's Traffic Engineer prior to the approval of the Right-of-Way Permit. Furthermore, the Right-of-Way Permit must be approved prior to start of Contract. f. It is the Contractor's responsibility to call the City's Traffic Engineer prior to submitting their proposal, and to find out what will be required for traffic control and include any requirements in their proposal. No additional compensation will be made. Traffic Engineering staff can be contacted at (858) 668-4640. g. Copies of all City of Poway Engineering Division approved plans are to be kept in the Contractor's "on-site" landscape maintenance vehicles while performing work. A copy of the approved plan is also to be forwarded to the City's Representative. 3. Scope of Work: a. The Contractor shall furnish all labor, equipment, materials, tools, services and special skills to perform the complete landscape maintenance of all contract areas including, but not limited to, irrigation, pruning, shaping, trimming and training of trees, shrubs, and ground cover plants; tree surgery; fertilization; cultivation; weed control; control of all plant disease and pests; sweeping; maintain pathways, irrigation and drainage systems, including natural drainage features on the site; litter pick up; removal of illegal dumps; plant replacement and all other maintenance required to 44 of 190 May 4, 2021, Item #5maintain the areas included in this Contract in a safe, attractive and usable condition, maintaining the plant material in good condition with horticulturally acceptable growth and color in accordance with the Service Level Schedules. b. The Contractor will submit the required Maintenance Schedule Charts (Appendix C) provided by the City for scheduling the maintenance operations including, but not limited to, tree pruning, insecticide and herbicide application, fertilizer types and frequency of application, growth inhibitor application, thatching, mowing and aeration of turf areas. The Contractor will also provide to the City's representative a schedule of each irrigation controller which cites, the station numbers, cycles per day, total time per station per week, and comments. Special notification, in writing, listing exact start date for fertilization, aerification, renovation, and other infrequent operations shall be furnished to the City's representative at least ten (10) working days in advance of performing these operations. 5. Methods of Performing Work: 45 of 190 a. Irrigation Inspection. Operation & Maintenance WATER CONSERVATION Water conservation shall be practiced and City of Poway mandated water restrictions in accordance with Poway Municipal Code Section 8.94. Irrigation shall be done in a manner to minimize run-off or other wastage. Failure to properly manage and conserve water resources may result in deductions or other penalties. Any over use of irrigation that exceeds the City's water budget per each meter may be deducted from the contractors monthly maintenance invoice. The Contractor shall turn off irrigation systems during periods of measurable rainfall and at such (prior and 48 hrs. after rain event) other times when suspension of irrigation is desirable to conserve water and to remain within the guidelines of good horticulturally acceptable landscape maintenance practices, unless otherwise directed by the City. WATERING AND IRRIGATION All landscaped and turf areas shall be irrigated, as required to maintain adequate growth and appearance, with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to: hand watering, operation of manual valves, proper utilization of automatic controllers and valves. CONTRACTOR shall insure that personnel operating irrigation systems are fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use, and fully equipped and capable of performing proper programming and operation of the irrigation systems. May 4, 2021, Item #546 of 190 CONTRACTOR shall be responsible for performing all specified irrigation tasks including, but not limited to: testing, adjustments, repairs, replacements, and supplemental watering. CONTRACTOR shall notify CITY immediately of any deficiencies in irrigation at these sites. Irrigation controllers shall be programmed by CONTRACTOR, with current schedules provided to CITY monthly, and whenever modifications are performed over subsequent month. Areas not provided with an irrigation system shall be hand watered by CONTRACTOR. This includes situations where the automatic system is inoperable for any reason. CONTRACTOR shall be responsible for providing all equipment, such as hoses, couplers and nozzles to accomplish this task. Watering shall be regulated to avoid interference with any use of roadways, paving or walks, and to be in compliance with CITY'S water conservation ordinance. Irrigation shall be controlled in such a way as not to cause any excessively wet area, which could be damaged by mowing or other traffic. No irrigation shall be done during and 48 hours after periods of measurable rain without prior written approval of CITY. CONTRACTOR shall be responsible for replacing all plant materials that die or are permanently damaged due to excessive or insufficient watering. IRRIGATION MAINTENANCE, REPAIR AND TESTING CITY shall provide, or reimburse CONTRACTOR for irrigation parts, heads, and other irrigation system equipment replacements that exceed $25 per month per site, with CITY'S approval. CONTRACTOR shall provide labor and equipment for maintenance of the irrigation system including repairs and replacements (whether due to damage, malfunction, vandalism, normal wear, or other causes) of all components, including, but not limited to: A. Heads, nozzles, bodies, nipples, elbows, unions, risers B. Lateral and main lines C. Valves (control valves, ball valves, quick-coupler valves, master valves, etc.) D. Pumps and flow sensors E. Automatic controllers and appurtenant devices (ET and rain gauge, antenna and the like) May 4, 2021, Item #547 of 190 G. Pressure regulators CONTRACTOR shall notify CITY of any damaged, deficient or inoperable irrigation component indicating the location, valve station number, problem, size, and type of irrigation equipment. Repair or replacement of irrigation components by CONTRACTOR shall be completed within two (2) working days of determining damaged or inoperable irrigation component, or sooner to prevent damage to turf or landscaping, or if the repair is otherwise deemed urgent by CITY. Replacements of irrigation equipment shall be with originally specified equipment of the same size and quality or substitutes approved by CITY prior to any installation thereof. Miscellaneous items such as glue, primer, dry splice connectors, Teflon and electrical tape, etc. shall be included in contract price. CONTRACTOR'S Irrigation Technicians shall be fully trained in all phases of landscape irrigation systems and thoroughly familiar with the particular equipment in use. Technicians shall be fully equipped and capable of identifying and isolating problems and performing the proper programming, inspection, testing, repair and maintenance of the irrigation systems. All of CONTRACTOR'S crew members working on irrigation shall be appropriately trained and under the direct supervision of a qualified Irrigation Technician per every three crew members. CONTRACTOR'S Irrigation Technicians shall be fully competent and proficient in programming Calsense irrigation controllers and central command and equipped with Calsense Radio Remote hand-held remote valve actuator. Prior to testing a system, CONTRACTOR shall inspect all irrigated areas; note and mark with a flag marker any dry or stressed areas. During the course of the irrigation test, CONTRACTOR shall determine the cause of the noted deficiency and make needed repairs. CONTRACTOR shall sequence controller(s) to each station to check the function of all facets of the irrigation system. During irrigation testing CONTRACTOR shall: A. Post a visible City approved sign that states "Irrigation Testing in Progress" or similar. B. Adjust all sprinkler heads to provide correct coverage, uniform precipitation, prevention of runoff and erosion, and prevention of excessive overspray onto adjacent areas. C. Check for, and correct all leaks, including pipes, risers, seals, etc. May 4, 2021, Item #548 of 190 D. Clean, flush, adjust, repair or replace any equipment, head or component that is not functioning to manufacturer's specifications. E. Adjust valves and heads to keep all systems operating at manufacturer's recommended operating pressures. Valve throttling and pressure gauging shall be employed to prevent excessive fogging. F. Check valve boxes and covers. Remove soil and debris from valve boxes. Repair or replace as needed. Replace and secure cover bolts as needed. G. Check for low-head drainage. Clean, repair or replace malfunctioning or missing anti-drain devices including in-head check devices. H. Check and clean irrigation controllers, booster pumps and enclosures for debris. Check for rodent damage and notify City of damage or repairs needed. Any system malfunction, damage, or deficiency not immediately resolved after testing shall be reported, including effected valve station(s) and other pertinent details, to CITY. Said reporting shall be in writing. In addition to weekly testing by CONTRACTOR, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. CONTRACTOR shall be responsible for coordinating with the CITY on annual certification of backflow prevention devices and testing of recycled water connection/coverage. CONTRACTOR shall submit as-built drawings of all modifications to irrigation systems, including, piping, relocation of equipment or sprinkler heads, replacement of heads with another make or model, changes in nozzles and the like. As-built changes shall be complete to the satisfaction of CITY. As-built drawings shall be made neatly and legibly on a blue-line copy of the irrigation drawings supplied by CITY, and shall be submitted within two (2) working days of completion of the work. Frequencies of irrigation testing shall be weekly or more frequently if problems or conditions indicate a need. Irrigation systems shall be operated efficiently to conserve water and maintain healthy plant growth. Application of water should consider soil types, topography, weather conditions, and be tailored to distinct planting areas (hydrozones). Special attention shall be directed to slopes to prevent soil saturation and runoff. Contractor is responsible for replacing plant materials that die because of poor irrigation scheduling. May 4, 2021, Item #549 of 190 Remote control valves shall not be operated manually unless electrical power is unavailable or temporarily interrupted, except for testing and periodic valve maintenance. Repairs to irrigation systems shall be made in accordance with original contract documents. Contractor shall make required repairs and operate systems as originally intended. Irrigation system repairs caused by conditions over which Contractor has no control shall be performed by others, or paid for by the City provided an incident report is submitted to the City within 48 hours. Repairs under this category shall be -extra work and are noted below: i. Loss due to theft; ii. Storm damage and other natural occurrences; and iii. Damage by vandalism, and accidents caused by other than Contractor and their employees. Contractor shall adjust heights of sprinkler risers to compensate for growth of plant materials. Strainers at backflow preventers shall be flushed out semi-annually as a preventative maintenance measure. The Contractor shall be responsible for maintaining the painted surfaces of irrigation controller cabinets as well as the corresponding identification letter or number and the automatic irrigation numbers on the lids of the automatic control valve boxes. The Contractor shall be responsible for replacing batteries a minimum of twice per year on all battery operated controllers. The batteries shall be labeled with the replacement date. RECYCLED WATER: a. The site supervisor and any other employees that work on or operate irrigation systems that use "recycled water" shall receive instruction from the City's Landscape Staff on recycled water usage and ensure adherence to all storm water requirements. b. All irrigation components that use recycled water, including meters, valves, valve boxes, sprinkler heads, quick couplers, filters and gate valves shall be inspected during normal irrigation checks and reported in the monthly irrigation reports that are submitted with the monthly maintenance invoice for the site. c. All recycled water usage shall be maintained to ensure compliance with storm water requirements and regulations. May 4, 2021, Item #5so of 190 d. Annual Irrigation System Maintenance Record: CONTRACTOR is to provide a spreadsheet listing each system serviced (coverage testing) with the date, an itemized list of the service provided and the name and signature of the person(s) that did the work. e. The City representative and the Contractor's supervisor will meet on each recycled water site annually with the City recycled water Cross-connection Specialist to walk each site utilizing recycled water and perform an annual site inspection to maintain regulatory compliance. b. Litter Control All yard and green waste debris generated by pruning, mowing, trimming, weeding, edging, and other work required in the specifications of this contract shall be kept separate from litter, garbage, and recyclables. Yard and green waste shall be chipped for mulch and spread on site or shall be placed in a green waste container for dispensation at a facility which will process the waste either by mulching or composting. 1. Immediately after working in areas of public streets and walks, driveways, and paved areas, the Contractor shall clean them with suitable equipment. All yard and green waste shall be subject to the above paragraph (a). All other debris will not be allowed to remain on the site at the end of the workday, but shall be removed and disposed of legally off-site. 2. In all areas covered by this Contract, litter, including, but not limited to animal droppings, stones, glass, paper, leaves, twigs, cardboard, metallic items, and other debris, including illegally dumped materials, shall be removed from the site as based on the Service Level and Fee Schedule worksheets. 3. Should Contractor not be able to provide disposal/recycling services, said Contractor shall contact the City's Exclusive Franchise Hauler for services. The Contractor shall not enter into contract with any other hauler other than the City's Franchise Hauler. 4. Hazardous materials (e.g., oils, other fuels, pesticides, and herbicides) used in the operation of equipment, shall not be placed in any gutter or storm drain system, but must be collected and disposed of according to Federal or State laws, and/or County or City of Poway ordinances. c. Weed Control 1. Keep basins and areas between plants free of weeds. All trees in ground cover areas shall have a 12" radius of open soil maintained May 4, 2021, Item #551 of 190 around the base of the trunk. This will reduce damage to tree trunks and roots by machinery and by excess water. Use mulches to help prevent weed seed germination. Weeds that have germinated shall be eradicated either by chemical or mechanical means, within three (3) weeks of germination or before the plants set seeds. 2. Weeds shall be removed as needed from all turf, shrub areas, ground cover beds, and planters, and shall be removed monthly from all cracks in paved areas, including sidewalks, curbs, asphalt, all hardscape, and areas covered with ornamental rocks. Street median island maintenance shall include removal of weeds growing in paved and unpaved areas of median islands. For the purpose of these requirements weeds will be considered as "any undesirable, troublesome plants," including, but not limited to, artichokes, pampas grass, tumbleweeds, etc. Weeds shall be controlled whether by hand, mechanical, or chemical methods. The City's representative may restrict the use of chemical weed control in certain areas. 3. All plant materials within a four (4) foot area adjacent to improved surfaces, such as concrete sidewalks, service roads, and pathways will be continuously controlled so that height does not exceed twelve inches (12"). 4. Plant material normally classified as weeds will be treated as wild flowers in the natural open space areas, with the following exceptions: • Pampas grass, artichoke, and tumbleweed will be continually controlled to reduce fire or safety hazards. • Annual plants that attain a height of six inches (6") or more in the seed stage will be mechanically controlled upon completion of growth cycle to reduce fire hazard in areas deemed necessary by the City's representative. 5. The Contractor shall maintain a ten foot (1 O'), weed-free strip next to all planted areas. 6. Existing hydroseeded areas on-site shall be treated in the same manner as the ground cover areas. In areas where this may be impractical (i.e., 2:1 slope areas), a weed eating device may be used to cut down weeds that extend above hydroseeded cover. d. Mowing 1. Turf shall be mowed in accordance with the Service Level for the site. May 4, 2021, Item #552 of 190 2. Mowers shall be maintained so as to provide a smooth, even cut without tearing. The blade adjustment shall provide a uniform, level cut without ridges or depressions. The mower blades shall be kept sharp. Equipment shall not be allowed to cause ruts in the turf. 3. Mowing shall be performed so that no more than one-third (1/3) of the grass blade is removed during each mowing. Inclement weather may preclude adherence to the frequency schedule; the Contractor may request that the City's representative alter mowing frequency because of rain or prolonged cold. A missed mowing cannot be "made up" by mowing twice in the subsequent week(s). 4. Mowing must be done in a systematic fashion approved by the City's representative. All sidewalks shall be cleaned immediately after mowing. Cuttings shall be removed from the hardscape and not blown into the street or shrub beds. Cuttings in the turf area are to remain (grasscycling) unless otherwise directed by City representative. Wet soppy areas shall not be mowed until sufficiently dry to accommodate safe mowing. Problems causing soppy areas shall be corrected within a period of time acceptable to the City's representative. e. Edging All turf and groundcover shall be edged adjacent to all improved surfaces; where no improved surfaces exist, edges shall be maintained if the turf or groundcover area abuts a shrub bed or property line or any other are where delineation is required by the City's Representative. Edging is to be completed as specified in the Service Level/Fee Schedule and shall include all fixtures (e.g., fire hydrants, manhole covers, meter boxes, valve boxes, quick couplers, valves). All edging must have a clean cut with the cut perpendicular to the hard surface and not removed from it. Chemical edging is unacceptable. F. Pruning -Shrubs, Vines and Groundcover Plants 1. Prune shrubs and vines as required to maintain health and safety, as well as for general containment and appearance. 2. All pruning cuts shall be made to lateral branches or buds or flush with the trunk. "Stubbing" will not be permitted. 3. Pruning shall be accomplished by removing woody stems from inside shrubs and vines at least twice a year. Topping of shrubs shall be done only after interior selective branch pruning has been completed. May 4, 2021, Item #553 of 190 4. Remove no more than fifty percent (50%) of a plant's foliage during pruning operations. 5. Plant material is to be trimmed back from controller units, pump enclosures, valve boxes, quick couplers, backflows preventers, and water meters. 6. Remove dead flower stalks or spent blossoms to present a neat, clean appearance. 7. Ground cover beds shall be maintained within their intended bounds and shall not be permitted to encroach within four inches into lawns, shrub beds, sidewalks, or adjacent areas, or in any manner deemed undesirable by the City's representative. 8. Shrub areas not planted with ground cover shall be raked once per month to remove debris. 9. Check espaliered vines and maintain properly. Nails shall not be used in masonry walls. Secure vines with appropriate ties to promote directional growth. Vines shall be maintained to promote vigorous and healthy growth in accordance with best horticultural standards. 10. Trim vines to top of any wall and/or fence. 11. Trim shrubs to within 3' of any wall and/or fence line and 12" from the base of the tree. G. Fertilization 1. Should the soil analysis show the City recommended applications inadequate, or too strong, the Contractor shall provide documentation and recommendation for another commercial fertilizer. 2. The Contractor shall submit, in writing, a fertilization program stating when the contractor will be performing the work; detailing areas, the quantities to be applied, and dates, and approximate times of application. Submission of the fertilizer schedule does not release the Contractor from any of the other obligations described in this paragraph, or in the following paragraph. The Contractor shall inform the City's representative at least forty-eight (48) hours before beginning any fertilization after the City's representative has approved a previously submitted application schedule. 3. The fertilizer shall be delivered to the site in the original unopened containers bearing the manufacturer's guaranteed analysis. May 4, 2021, Item #554 of 190 Damaged packages will not be accepted. The Contractor shall furnish the City's representative with duplicate signed, legible copies of all certificates and invoices for all fertilizer to be used in the execution of this Contract. The invoices must state the grade, amount, and quantity received. Both the copy to be retained by the City and the Contractor's copy must be signed by the City's representative, on site, before any material may be used. The Contractor shall comply with the obligations in the above paragraph prior to beginning the actual application. 4. Fertilizers shall be applied to shrubs, ground cover, and small trees (3" caliper and smaller) at the rates and times specified or as directed by the City's representative. Adequate irrigation will immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface. 5. When applying granulated fertilizer, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone spreader which tends to throw material onto paved areas. The use of gravity flow spreaders will keep materials contained in planting areas, eliminating/reducing sidewalk stains. 6. The fertilizing schedule may need to be modified due to climatic conditions. If possible, avoid application of fertilizers prior to forecasted windy weather, heavy rain, etc., which might affect stability. After fertilizer application, monitor watering schedule to eliminate runoff leaching of fertilizer materials. 7. Supplemental fertilization shall be required to correct serious deficiencies. Liquid fertilizers shall be applied to trees and shrubs when these require supplemental feeding. H. Pest Control 1. The Contractor shall provide a complete, continuous, and integrated pest management program for eradicating all plant pests and diseases, including weeds, snails, giant whitefly, Aphids, spider mites, Pine beetles, California psyllid, Scale and Longhorn borer, ground squirrels, rats, gophers, rabbits, skunks, possums and all other pests. All gopher mounds shall be brought back to grade when the area has been treated. Excessive soil or rocks may require removal. The Contractor shall comply with all City, County, State, and Federal regulations and laws. The Contractor shall be responsible for pest control of trees up to 15 feet. Trees greater than 15 feet shall be regularly inspected, and any suspicious disease shall May 4, 2021, Item #555 of 190 be reported to the City's Agent. 2. Weed control includes spraying to kill annual weed grasses in turf areas such as prickle oxtail, thistle, sporobolus wire grass, horsetail grass, etc. 3. Areas shall be inspected regularly for signs of diseases and pests. The Contractor is responsible for applying the appropriate remedy at the recommended amounts. The name of the product applied and the treatment shall be entered on the Maintenance Schedule and coordinated with the City's Representative. Safety Data Sheets (SOS) of any chemicals used by the Contractor shall be provided by the Contractor to field crews and the City. 4. Before such applications are made, the plant materials should be well established and in a vigorous condition. Weeds shall be controlled before they have a chance to propagate. 5. The Contractor shall assume all liability and responsibility for the use of all pesticides and herbicides. i. Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the treatment area. Application methods shall be used which ensure that materials are confined to the treatment area. Spray tanks containing leftover materials shall not be drained on the site to prevent any contamination. Disposal of pesticides shall comply with the guidelines established by the California Food and Agricultural Code. ii. Spray equipment shall be in good operating condition, of high quality, and designed to efficiently apply materials to the treatment area. Pesticide drift will be minimized by avoiding high pressure applications and using water soluble drift agents. iii. Pesticides shall be used only upon the recommendation and supervision of a State of California Licensed Pesticide Advisor. iv. Copies of all Pesticide Use Reports, Restrictively Materials Permit, and any other documentation provided to the State of California or the County of San Diego shall be provided to the City's representative. I. Brow Ditch Cleaning 1. The Contractor is responsible for checking surface drainage systems, such as concrete lined swales, creek beds, drains, and catch basins to assure proper functioning. The Contractor shall remove debris, May 4, 2021, Item #556 of 190 including soil, weeds and litter that may restrict proper flows within the channel or at the inlet. J. Sweep Paved Areas 1. Pedestrian access walkways next to turf areas and curblines shall be swept as specified in the Service Levels. 2. All sidewalks and other paved surfaces shall be maintained at all times in a manner that shall provide safe, un-obstructive public use/access. The Contractor shall remove stones, glass, paper, leaves, twigs and all other debris from paved areas. 3. All concrete walks will be kept clean and free of dirt debris, hazards, and weeds. K. Turf Aerification 1. All turf areas shall be aerified annually by core removal to a depth of two inches when required under the Service Level per Location table. A schedule of aerification equipment to be used shall be submitted to the City's representative ten (10) days prior to commencing aerification. L. Tree Pruning 1. Trees shall be pruned for safety and appearance, in a manner which will encourage healthy growth and good form. Pruning shall be done by skilled pruning personnel using proper horticultural practices, following Class II National Arborist Association Pruning Standards for Shade Trees and the Poway Municipal Code, Chapter 12.32 -Urban Forestry. 2. The primary pruning of deciduous trees shall be done during the dormant season. Damaged trees, or those that constitute health or safety hazards, shall be pruned any time of the year as required. 3. All pruning cuts shall be made to lateral branches, or buds, or flush with the trunk. "Topping" and "Stubbing" will not be permitted. 4. All tree pruning shall be accomplished on an Orchard ladder. If trees are too large to be pruned in such a manner, the condition will be reported to the City's representative. 5. All trees shall be pruned to allow eight foot (8') clearances for pedestrians, twelve foot (12') clearances above the curb/gutter, and ten foot (1 O') clearance above roadway and trails. May 4, 2021, Item #56. Trees shall be pruned during the dormant season only (November 15th to February 15th) to reduce pruning shock, allow sufficient recovery time for maximum summer shade, and lessen possibility of insect infestation. 7. Tree stakes, ties, and guys shall be checked monthly and corrected as needed. Ties shall be adjusted to prevent girdling. Broken stakes or guy wires shall be replaced. Stakes, ties, and guys shall be removed as needed. 8. All restaking shall be done with two inch by ten foot (2" x 1 O') ledge pole stakes treated with copper naphthanate and pointed at one end. Adjust length to fit tree. Tree supports shall be corded rubber straps; nailed to sides of stake with one inch (1 ") roofing nail. 9. For trees, consider removal of the existing stakes and guys when the trees attain a trunk caliper of four inches (4"). If unstable at this time, replacement shall be decided by the City's representative. M. Pet Waste Stations and Trash Cans Restock bags. Remove any discarded litter in the vicinity of the station or trash can. Pet waste stations are located in Landscape Maintenance District 86-2B, Sycamore Creek (3 pet waste stations). Note: Trash cans are located at the Poway Center for the Performing Arts (PCPA) (7 trash cans and 1 recycling can empty twice a week), Veterans Park (1 trash and 1 recycling can empty once a week), Lake Poway Road Lower Parking Lot (1 trash can empty once a month) and the Library (6 trash cans and 1 recycling can empty three times a week). Trash can and pet waste bags will be supplied by proposer and cost should be included in the specific fee schedule associated with the area. Corrective Maintenance and Supplemental Construction Any emergency irrigation repairs, caused by conditions under which the Contractor does not have direct control and that are determined to be a concern with public health and safety shall be deemed or construed as "Extra Work." Extra work requiring significant modifications to a work site will require a proposal to be submitted by the Contractor based on the prices quoted within this section and must adhere to the latest, adopted versions of the Standard Specifications for Public Works Construction, and the City's Supplemental Engineering Standards and Landscape and Irrigation Design Manual. Reservoirs and Pump Stations The Contractor awarded the Contract is to become familiar with proper ingress and egress of these sites. These are secured locked sites. 57 of 190 May 4, 2021, Item #5SERVICE LEVELS PER LOCATION The following table is being provided for bidding purposes. Each facility or area of maintenance has both an A and 8 level of service. This is the number of times per year for the service. Please use these sheets when completing your proposals. Please refer to Section V, Technical Specifications, Item 5, Methods of Performing Work, for details on the work/tasks. RIGHT-OF-WAYS (Bid Item B) Work/Task Level A LevelB Irrigation Inspection, Operation & 52 52 A. Maintenance B. Litter Control 24 12 C. Weed Control 24 12 D. Mowing E. Edging 12 6 F. Pruning 12 6 G. Fertilization 4 2 H. Pest Control 4 2 I. Brow Ditch Cleaning 4 2 J. Sweep Paved Areas 24 12 K. Turf Aerification 1 0 L. Tree Pruning (lower branch) 2 1 M. Pet Waste Stations & Trash Cans 58 of 190 May 4, 2021, Item #5SERVICE LEVELS PER LOCATION The following table is being provided for bidding purposes. Each facility or area of maintenance has A, 8, and C level of service. This is the number of times per year for the service. Please use these sheets when completing your proposals. Please refer to Section V, Technical Specifications, Item 5, Methods of Performing Work, for details on the work/tasks. LANDSCAPE MAINTENANCE DISTRICTS (Bid Items D & E) Work/Task Level A LevelB LevelC Irrigation Inspection, Operation & & 52 52 26 A. Maintenance B. Litter Control 52 24 12 C. Weed Control 24 12 6 D. Mowing 52 52 26 E. Edging 12 6 3 F. Pruning 12 6 3 G. Fertilization 4 2 1 H. Pest Control 4 2 1 I. Brow Ditch Cleaning 4 2 1 J. Sweep Paved Areas 24 12 6 K. Turf Aerification 1 0 0 L. Tree Pruning (lower branch) 2 1 0 M. Pet Waste Stations & Trash Cans 52 24 12 59 of 190 May 4, 2021, Item #5ATTACHMENT 2 Right of Ways: Service A Landscape Maintenance Districts: 19-1, 86-28, 86-38 (Service A); 87-1, 86-1 (Service 8); 83-1A, 83-18'Ffe1fR8i·6~Al\3A (Service C) Completely fill out each section under Hourly Fee Schedule and for each bid item, A through E, that is being proposed. Regardless of which combination of bid items Contractor is proposing, the table below must also be completed. HOURLY FEE SCHEDULE Corrective Maintenance and Supplemental Construction Reg. Time 0/T 1.5 O/T2 All Proposals Certified Irrigation Technician $ 75.00 $ 112.50 $ 150.00 Irrigation Technician $ 50.00 $ 75.00 $ 100.00 Crew Leader 1 Certified $ 40.00 $ 60.00 $ 80.00 Crew Leader II (not certified) $ 37.50 $ 56.25 $ 75.00 Gardener $ 30.00 $ 45.00 $ 60.00 [Remainder of Page Left Blank Intentionally] 60 of 190 May 4, 2021, Item #5FEE SCHEDULE Right of Ways * All lines must list a price for this bid item proposal to be considered Site Number of Sq. Ft. of Area Service Service Controllers Level A Level B Aubrey Woodcreek Divide 1 2,210 $168.80 $109.78 Blue Sky 0 77,390 As Needed Carriage Rd. Medians 1 42,510 $3,246.86 $2,111.57 Community Rd. ROW 2 148,080 $11,310.16 $7,355.47 Crosthwaite Circle ROW 1 4,660 $355.93 $231.47 Hacienda 0 27,520 As Needed Lake Poway Rd Corridor 1 45,370 $3,465.30 $2,253.63 Metate Rd. Triangle 1 65,170 $4,977.60 $3,237.14 Midland Rd. Fence Line 0 3,000 $229.13 $149.02 Old Poway ROW 2 16,860 $1,287.75 $837.48 Oak Knoll Medians 1 12,490 $953.97 $620.41 Pomerado Rd. Soundwall North 1 39,010 $2,979.53 $1,937.72 Pomerado Rd. Soundwall Southeast 0 63,150 $4,823.32 $3,136.81 Pomerado Rd. Soundwall Southwest 2 48,490 $3,703.60 $2,408.61 Poway Rd. Medians 27 150,840 $11,520.97 $7,492.57 Summerfield Median 1 1,540 $117.62 $76.49 Titan Way Parking Lot 1 44,420 $3,392.75 $2,206.45 Twin Peaks E/O Tierra Bonita 1 3,590 $274.20 $178.32 Twin Peaks Corridor 0 130,940 $10,001.03 $6,504.09 Business Park (General Fund) 2 288,708 $100.82 $65.57 Valle Verde Medians 2 1,320 $3,465.30 $2,253.63 TOTAL $62,909.34 $40,912.59 Sixty Two Thousand Nine Forty Thousand Nine Hundred Nine Dollars Hundred Twelve Dollars and Thirty Four Cents and Fifty Nine Cents As-needed services will be paid by the number of hours at the Gardener hourly rate. Company Name: BrightView Landscape Services, Inc. Signature: ----;-~.,..._ ______ ..... /4 ___ ~_"aJ_d(_--1'"-___ _ Print Name: David Howell Title: Vice President General Manager 61 of 190 May 4, 2021, Item #5*All I' Ines must 1st a pncc or t 1s I . f h" b'd FEE SCHEDULE LMD 83-1A item proposal to be considered Number of Service Service Site Controllers Sq. Ft. of Area level A level B Service Level C Adobe Ridge I 1 Arbolitos Parkside 1 Adobe Ridge II 3 Colonies 1 Country Creek 1 Diroma 1 Gateway/La Manda 1 Kent Hill 1 Midland Estates 1 Park Village 1 Poway 16 1 Rancho Arbolitos 3 >--. ~;r-,:ou,t 1 --T eu Williams Parkway 2 Woodland Hills 1 Date: __ £i_/_1j ........ 2_._/ __ _ 62 of 190 91,120 $5,526.90 $3,593.50 $1,796.75 31,320 $9,120.40 $5,926.74 $2,963.37 130,490 $8,153.70 $5,299.14 $2,649.57 14,000 $1,938.46 $1,260.25 $630.1~ 48,080 $5,526.90 $3,593.50 $1,796.75 4,330 $1,938.46 $1,260.25 $630.13 50,520 $7,187.00 $4,671.55 $2,335.77 7,060 $1,315.93 $855.35 $427.68 3,720 $1,290.62 $840.17 $420.0E 1,770 $1,290.62 $840.17 $420.08 5,220 $1,315.93 $855.35 $427.6€ 498,000 $16,307.40 $10,598.29 $5,299.14 -· $855.35 $,ia.6E 8,910 $~ ,315.93 ---· --$3, {05.09 a9,630 $9,555.67 $6,210.17 141,590 $9,241.87 $6,007.72 $3,003.86 TOTAL $81,025.79 $52,667.52 $26,333.76 Company Name: Bri htView Landsca e Services. Inc. Signature: _ __,{).,...~.....___ ...... /4 ....... r-£_~--------Print Name: David Howell Title: Vice President General Mana er May 4, 2021, Item #5FEE SCHEDULE LMD 83-1B *All lines must list a pri '"' for this bid item proposal to be considered Number of Service Service Site Controllers Sq. Ft. of Area Level A Level B Service Level C Camino Del Norte 1 48,620 $6,981.48 $5,093.49 $2,546.74 Kindercare uses CON 14,810 controller $2,126.60 $1,551.51 $775.76 Twin Peaks Plaza 2 47,150 $6,770.39 $4,939.49 $2.469.75 TOTAL $15,878.48 $11,584.49 $5,792.25 Company Name: BrightView Landscape Services, Inc. Date:_......,..lff-½ ........ / 2......,./ ___ _ Signature: ___ &) ___ ~---------Print Name: David Howell Title: Vice Pr~r ;dent G.5meral Mana er 63 of 190 May 4, 2021, Item #5FEE SCHEDULE LMD 83-1C *All lines must list a rrice for this bid item proposal to be considered Number of Service Service Service Site Controllers Sq. Ft. of Area Level A LevelB LevelC Kentfield Estates 1 16,610 $4,349.01 $2,828.55 $1,414.27 TOTAL $4,349.01 $2,828.55 $1,414.27 Date:_t......._(_/t ...... 1 /_i,_( __ _ ,, . Company Name: Bri htView Landsca e Services, Inc. Signature: _"'-f~"--~L}-=--_..__l/b"'"""'·~~-------Print Name: David Howell Title: Vice President General Mao~ger 64 of 190 May 4, 2021, Item #5Site Bridlewood Huntington Gate Old Coach Piedmont Park Serenata Stone Canyon Ranch The Grove Vision Homes .!. 65 of 190 FEE SCHEDULE LMD as .. 1 Number of Sq. Ft. of Area Controllers 10 770,710 1 22,740 1 130,250 6 13,520 1 53,160 1 91,920 1 152,510 1 6,470 TOTAL Service Service Service Level A LevelB LevelC $31,248.2~, $20,305.80 $10,152.90 $6,797.28 $4,418.48 $2,209.24 $7,809.53 $5,076.45 $2,538.2L~ $5,086.57 $3!305.01 $1,652.50 $5,779.96 $3,755.46 $1.877.n $11,554.87 $7,510.92 $3,755.4€, $11,554.87 $7,510.92 $3,755.46 $3,487.21 $2,267.45 $1!133.n $83,318.54 $54,150.47 $27,075.24 Company Name: BrightVi(1w Landscap,3-Servic-os, Inc . Signature: --1-/-L..~-• J_.;i,:;;...__,.../ti...;..;;1_.._fU_,;:c,.(;_t_( ___ _ I/ Print Name: --=D:::;.;:a::..:v:..:..id:::...:..:H;.;:;.o~we.:.;.11 _______ _ Title: Vice President General Mana er May 4, 2021, Item #5FEE SCHEDULE LMD 86-2A *All I' ines mus 1s a p rce or IS I 1 em pr ,pos t I' t . f th' b'd ·t o e cons1 ere It b 'd d Site Number of Sq. Ft. of Area Service Service Service Controllers Level A LevelB Level C La Paz Summit 1 65,370 $6,670.22 $4,335.18 $2,167.59 SilverRidge 1 44,250 $4,515.17 $2,934.55 $1,467.28 Sunrise Ranch 1 34,730 $3,543.78 $2,303.20 $1,151.6C TOTAL $14,729.17 $9,572.94 $4,786.47 Company Name: BrightView Landscape Services, Inc. Date: '-//:J/ ~/ !? }., / /, J.: pc/~ Signature: r.,,.Y _ 1 t. Print Name: __ D_a_v_id_H_ow_el_l _______ _ TiOa: Vice President General M~na er 66 of 190 May 4, 2021, Item #5FEE SCHEDULE * All lines must list a pri ·c for this bid item J. ropos ·11 to be considered Site Number of Sq. Ft. of Area Service Service Service Level Controllers Level A LevelB C Sycamore Creek 5 190,300 $20.443.54 $13,298.23 $6,649.11 TOTAL $20,443.54 $13,298.23 $6,649.11 Company Name: BrightView Landscape Services, Inc. Date: 1//1/7 / Signature: tJl-r= ) / .vt!t,,{ Print Name: _...;;D;;..;a;;:,,;v;,..;.id;:;:,..;_H;,.;;;o...;;..w;,.;;;e=II _______ _ Title: Vice President General Mana er 67 of 190 May 4, 2021, Item #5*All I' mes mus tr 1st a pnce or t 1s Site The Pond Poway Estates Poway Oaks Date: '-t( 1/rz_.1 ~ 7 68 of 190 I FEE SCHEDULE LMD 86-3A 1 em fJroposa o e cons, ere It b 'd d Number of Sq. Ft. of Area Controllers 1 30,200 3 46,030 1 19,490 TOTAL Service Service Service Level Level A LevelB C $3,568.19 $2,318.06 $1,159.03 $4.398.2~1 $2,859.61 $1,429.81 $2,884.92 $1,872.67 $936.33 $10!851.35 $7,050.34 $3,525.17 Company Name: Bri htView Landsca e Services Inc. Signature: Print Name: _.....;D;;;..a.::.:..v.;...;i~d..;.H..;..;o;;..;;w..;..;e;;..;;l.;._l _______ _ Title: Vice Presi_9ent General Mana er May 4, 2021, Item #5FEE SCHEDULE LMD sa .. 3s • All lines must hsl a 1Jnce for this bid item propo5.-1l to be considered Site Number of Sq. Ft. of Area Service Service Service Level Controllers Level A LevelB C Creekside Plaza 5 20,660 $3,578.03 $2,330.64 $1,165.32 Hillside Village 4 31,400 $5,438.05 $3,542.21 $1,771.11 WalMart 1 10,400 $1,801.14 $1,173.22 $586.61 TOTAL $10,817.21 $7,046.07 $3,523.04 Company Name: Bri htView Landsca e Services Inc. Date:_l/J-1-1f_1_,__/...x;,.2__,_( ___ _ r, -'/ ,, /. Signature: (1/ z__.) / [( / Print Name: _....;D=av.:..:i:.::d:...:H~o=-w=e=II ________ _ Title: Vice President General Mana er 69 of 190 May 4, 2021, Item #5FEE SCHEDULE LMD 87-1 *All I' mes mus 1st a p,Iue or t 1s 1 item propos t to e cons, ere ti' f h' b'd. b .d d Site Number of Sq. Ft. of Area Service Service Service Level Controllers LevelA LevelB C Rolling Hill Estates 6 426,000 $31,076.17 $20.199.51 $10,099.75 TOTAL $31,076.17 $20,199.51 $10,099.75 Company Name: Bri htView Landsca e Services Inc. Date: 'f /1 /-i-; --.-,--.----,---. -----Signature: Print Name: _.....;:D:;:..a:;;;..v.::..;i..:;;;d..:..H.:.:.o:;..:w..:..;e~l-=--1 _______ _ Title: ___ V.;;..i;;..;;;c~e--P--r~e.;;;.s;;..;;;id;;..;;;e __ n __ t __ G __ e .... n __ e_ra_l_M_a __ n_a....,g,_e_r __ _ 70 of 190 May 4, 2021, Item #5FEE SCHEDULE LMD 19-1 mes must 1st a pnce or t Is I item nror)osa *All I' h' b'd. o e consI ere It b 'd d Site Number of Sq. Ft. of Area Service Service Service Controllers Level A LevelB LevelC Parkway Business Center 6 492,680 $35,940.04 $23,,362.80 $11,681.40 Parkway Summit 1 346,900 $25,306.32 $16,449.11 $8,224.56 Pomerado Business Park 15 3,409,670 $248,725.74 $161,671.99 $80,835.99 Poway Corporate Center 3 173,810 $12,678.47 $8,244.BC $4,122.40 TOTAL $322,650.58 $209,728.70 $104,864.35 Company Name: BrightView Landscape Services, Inc. i .-) Signature: -~J=_/_-i_•-...,/'_-.::;._f..;_/4_...;;..· ..;_ll'"""t_l-__ .,,,,_,;f;.._ ___ _ Print Name: _ _;D:;,,;a;;..v:..:.i.;;;.d..:.H.:..;o:..:.w.;..e:..:.1.:...1 _______ _ Title: ___ V..:..:..::ic:.=e....:.P....:.r..;:;e~s::..::id::..::e;.;.;n;.;;.t ..;;;G;..;;;e;.;.;n=e.;.,;ra=l...,.;M,_a=n .... a..,.q.._e __ r_ 71 of 190 May 4, 2021, Item #5NON-COLLUSION AFFIDAVIT To the City Council, City of Poway, California: The undersigned in submitting a proposal for performing the following work by Contract, being duly sworn, deposes and says: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with such Contract, for: LANDSCAPE MAINTENANCE SERVICES Business Name: BrightView Landscape Services Inc. Business Address: __ 6_2.......,18--...L...F ___ ai.....,rm .......... o.__u ...... n ___ t ..._.A~v ___ en ..... u ..... eL-_ San Diego, CA 92120 Signature of Proposer: Place of Residence: 6218 Fairmount Avenue San Diego, CA 92120 Subscribed and sworn before me this :zz_ day of }vl-/'-(12...c::-i} oooeeooneooe~ • c, , TINA MARIE LESSARD Notary Public • California z S.in Diego County ! Commission II 2257279 022 Notary Public in and for the County of ' __ c ___ ~ __ 1 -~-6-~_t(--._·~·o~--,State of California My commission expires ~1:,---r 3 _; :2-c:;zZ (This affidavit shall be executed by the successful Proposer in accordance with instructions in the Federal Requirements, but Proposer may execute the affidavit on this page at the time of submitting proposal.) 72 of 190 May 4, 2021, Item #5SIGNATURE SHEET Proposer agrees that their proposal shall remain open and not be withdrawn for a period of ninety (90) days from the deadline submittal. Proposer also agrees that if they are the successful bidder he or she will sign and return the Contract Agreement within ten (10) working days after receipt of Notice of Award along with the certificates of insurance and endorsements and other certifications as required under the Contract Documents. Failure to complete all information may render your proposal non-responsive [***Indicate not applicable ("N/A") where appropriate. ***] Name of Proposer/ Company: BrightView Landscape Services, Inc. Address: 6218 Fairmount Avenue San Diego, CA 92020 Telephone No.: ( 619 ) _2_8_1._8_88_7 _____ F acsimile No.: (~) 282,7431 Email: david.howell@brightview.com State of California Contractor's License No. ~2~6""""'62~1'-"'1 _______ Classifications(s) C27 C31 C61/D49 Expiration Date: 03/31/2022 Type of Firm (select one): D Individual D Partnership D Corporation D M/WBE ~ Incorporated □Traded D Sole Owner D Other Department of Industrial Relations Registration Number: --=-1--=-00..;;;...0;:;..;0:;...;0....;:;.5....;:;..36-=--4-=---------SSN or Federal ID Number: 95-2651541 _..=..:::;..-=-=.-=--=-~'-------------------Receipt of Addenda: #_1 _ # 2 # # ___ is hereby acknowledged. /)~uals By signing below, I attest that I am an authorized representative/ agent, that I am authorized by my signature to bind this company contractually and certify under penalty of perjury the accuracy of the representations made on the Bid and related forms. DATE: )li.~/7 /' SIGNATURE: ,~ &>~ PRINTED NAME: --=D=a~v:..!.:id~H=ow=el~I ________________ _ TITLE: -~V.:...;i;..;;;.c..;:..e--=--P--=--r=-es=-=i..,;;;;,,:d=-en--=--t/=--G=-e=-=n--=--e=--=-r..,;;;;,,:a:......;I M=a:...:..na::..:...ga&..:e::....:.r ______________ _ 73 of 190 May 4, 2021, Item #5City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of July, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and BrightView Landscape Services, Inc., (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform landscape maintenance services in support of the Public Works Department; and WHEREAS, Contractor is a landscaping Contractor and has represented that Contractor possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the 74 of 190 ATTACHMENT B May 4, 2021, Item #5failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. 75 of 190 May 4, 2021, Item #59. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Contractor" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: ~ 1. Contractor/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor/Contractor will be "making a government decision" or 76 of 190 "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor/Contractor shall be required to file a Statement of May 4, 2021, Item #5Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 14. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 77 of 190 May 4, 2021, Item #515. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. (c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. 78 of 190 May 4, 2021, Item #5(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. Contractor'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. 79 of 190 May 4, 2021, Item #520. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 80 of 190 May 4, 2021, Item #5Contractor 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) 81 of 190 May 4, 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, City Manager Date: __________ _ ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: (Jt,.~ LaBahn's Landscaping By:-------------Chris Gillespie, President Date: ------------By: ____________ _ Alan Fenstermacher, City Attorney 82 of 190 May 4, 2021, Item #5A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to perform landscape maintenance services as required by City, further described in the Scope of Services submitted with the proposals dated March 25, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. 8. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated March 25, 2021, which are included in this document as Attachment 2. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing July 1, 2021 and ending June 30, 2023, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal), the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than June 30, 2023. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. D. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: 83 of 190 May 4, 2021, Item #5(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Contractor shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: 84 of 190 City of Poway P.O. Box 789 Poway, CA 9207 4 May 4, 2021, Item #585 of 190 To Contractor: LaBahn's Landscaping 856 Fesler St, El Cajon, CA 92020 (Remainder of page intentionally left blank) May 4, 2021, Item #5EXHIBIT "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) 86 of 190 (!)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 May 4, 2021, Item #5a 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: 87 of 190 (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. May 4, 2021, Item #5(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). 88 of 190 May 4, 2021, Item #5ATTACHMENT 1 CONTRACTOR RESPONSIBILITIES 1. Duties of Contractor: During the term of this Agreement, the selected contractor shall perform all work as described in the technical specifications and will be responsible for the following: a. Ensuring that all contractor employees are properly trained at no cost to the employees, prior to start of contract and each year thereafter, at such time as new hazards are introduced on the job, or when new employees are added to the roster. b. Providing uniforms including brightly colored traffic vests or reflector to personnel when interacting with vehicular traffic and the washing (and decontamination as necessary) of uniforms. c. Developing personnel policies. d. Providing inspection procedures and periodic inspection of facilities. e. Conforming to all applicable Cal-OSHA, DOT, and EPA regulations, including Cal-OSHA's Hazard Communications Standard. f. Conforming to all other applicable Federal, State, and Local regulations. 2. Contractor Personnel: The City of Poway shall, throughout the life of the contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the selected contractor. If the City of Poway reasonably rejects staff or subcontractors, the selected contractor must provide replacement staff or subcontractors satisfactory to the City of Poway. The day-to-day supervision and control of the selected contractor's employees and subcontractors is the sole responsibility of the selected contractor. 3. Equal Employment Opportunity: The selected contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. Contractor shall take affirmative action to ensure that all employees and applicants for employment shall be treated with equality in all aspects of employment processes -including, but not limited to: hiring, transfer, promotion, training, compensation and termination; regardless of their race, creed, color, sex, national origin, age, or physical handicap. 4. Local Office: The selected contractor shall maintain a local office within the County of San Diego and shall have a competent representative available during the working hours of 7:00 a.m. to 4:00 p.m. to discuss matters pertaining to the contract and who can make authoritative decisions. At all times during the term of this contract, the contractor shall provide the City with a twenty-four (24) hour per day, seven (7) day per week emergency phone or cell phone number. An answering service is not acceptable, except when forwarding oral complaints (which shall be followed by written notice). Within two (2) hours after an emergency call is made requesting the contractor to perform emergency services, the contractor shall be on site to commence the required 89 of 190 May 4, 2021, Item #5service. Failure to respond in such time shall result in a $200.00 penalty for each occurrence. The Contractor shall supply the City designee with names and telephone numbers of responsible persons representing the Contractor for emergency responses. This information shall be kept current at all times. Additionally, an email address or fax number shall be required to receive written notices and authorizations for emergency services. Changes shall be provided to the City in writing within twelve (12) hours of any such change. Failure to maintain this information in a current state may result in $200 penalties for each occurrence. 5. Invoices: The selected contractor shall maintain written records of personnel and their work assignments. These shall include hours worked (time in/time out), facility assignment(s), and any work related accidents, etc. These records shall be made available to the City upon request and must be maintained for not less than five (5) years. Payment may be withheld until all adequate documentation is provided. 6. Quality Control: The selected contractor shall institute and maintain throughout the contract period a properly documented quality control program designed to ensure that the services are provided at all times and in all respects in accordance with the contract. The program shall include providing daily supervision and conducting frequent inspections of the contractor's staff and ensuring that accurate records are maintained describing the disposition of all complaints. The records so created shall be open to inspection by the City of Poway and made available upon request. 7. Quantity and Quality of Materials or Services: All goods or services furnished must meet the specifications prescribed by the City. Materials shall be delivered on site in original unopened containers. Materials are subject to inspection. Materials, which do not meet specifications or equal the quality of the sample provided when applicable, shall be rejected. 8. Repairs: All damages or alterations to City property resulting from the performance of work under these specifications during the term of contract shall be repaired or replaced immediately and in kind, to the satisfaction of the Director of Public Works and at no cost to the City. Repairs, replacements not completed to the satisfaction of the Director shall be deducted from the contract payment to cover costs. [Remainder of Page Left Blank Intentionally] 90 of 190 May 4, 2021, Item #5PURPOSE AND SCOPE OF WORK 1. Purpose: The purpose of this contract is to provide comprehensive landscape maintenance services for City of Poway Landscape Maintenance Districts, Right-Of-Ways, and City facilities. The City proposes to contract with a contractor that is proactive in their work standards and can meet the qualifications set forth in this proposal package. The City of Poway, through its Special Districts Division, administers eight landscape maintenance districts. These districts are funded by assessments collected each year on individual property tax bills. The collection of these assessments and the maintenance of the districts are governed by California Assessment Law (Landscape and Lighting Act of 1972, Section VIII C&D as added by the passage of Proposition 218, and SB 919 "Omnibus Act"). Sites to be maintained under the terms of this Contract are outlined in Appendix B. The specifications, schedules, and information sheets are intended to supplement each other and together constitute a complete set of specifications. Should anything be omitted from the specifications, schedules, and plan drawings, which is necessary to a obtain clear understanding of the work, or should it appear various instructions are in conflict, then the Contractor shall secure written instructions from the Director or his/her agent before proceeding with the work affected. It is understood and agreed the work shall be performed and completed according to the true spirit, meaning, and intent of the contract, specifications, schedules, and information sheets. After executing the Contract, no consideration will be given to any claim of misunderstanding of the documents or alleged unfamiliarity of the site conditions affecting the work. 2. Scope of Work: Complete landscape maintenance of designated areas as specified herein. During and at the end of the maintenance period, all plant material shall be in a healthy, growing condition. 91 of 190 a. The Contractor shall provide all equipment, labor (note: this includes all supervisory and maintenance workers hours), and materials necessary to maintain the areas (including irrigation services) designated in the Contract. b. All work shall be performed following the best landscaping maintenance practices, and shall be in keeping with the high aesthetic level of the facilities being maintained. Plants shall be kept in a healthy condition throughout the contract term. The Director of Public Works or their agent will conduct inspections periodically to approve or reject the work performed or the methods and materials used. May 4, 2021, Item #53. Specifications and Plans: a. The work performed shall be done in accordance with the most currently adopted edition of the Standard Specifications for Public Works Construction, hereinafter referred to as Standard Specifications, the City of Poway Supplemental Engineering Standards, and the City of Poway Landscape and Irrigation Design Manual. b. In case of conflict between the Standard Specifications and these Specifications, these Specifications shall take precedence over and be used in lieu of such conflicting portions. c. References in these Specifications to the Standard Drawings shall mean the City of Poway Standard Details and/or superseding document thereof. Where the plans or specifications describe portions of work in general terms, but in complete detail, it is understood that the item is to be furnished and installed complete and in place, and workmanship of the first quality is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Contract. 4. Location of Work: At various locations throughout the city limits of Poway, California. 5. Time of Completion: Contractor will perform the services set out in this Contract, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. It is understood that CITY, in entering into this Contract, is relying on Contractor's representations for quality and professional work performed in a timely manner, and Contractor shall perform in accordance with those representations and standards. 6. Accidents and Vandalism, et. al: Any and all accidents and vandalism are to be reported to the City's representative, in writing, within 24 hours of an incident. 7. Additional Repairs: During routine maintenance, the Contractor is expected to watch for and make all necessary repairs, including but not limited to, weed and litter abatement, and dead plant material removal. However, if a situation is observed that requires repair and said repair is a repair which may be billed to the City, approval by the Director or the Director's representative is required prior to beginning those repairs. 8. Additions and Deletions: Any time during the period of the contract or during option year periods, the City reserves the right to add or delete square footage and/or acres to or from the District/city inventory of area to be maintained under the provision of this contract at the cost per square foot and/or per acre, taking into consideration project location, in effect at the time of such action. 92 of 190 May 4, 2021, Item #59. Authority and Duty of the City Representative: a. It is mutually agreed by and between the parties of this contract, that the City representative shall supervise all work included herein "as required" by the Director. b. In order to prevent delays and disputes, and to discourage litigation, it is further agreed by and between the parties of this contract that the City representative shall "as required' by the Director in some instances determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. c. The City representative shall determine all questions in relation to said work and the installation or maintenance thereof, and in all cases decide every question which may arise relative to the execution of this contract by Contractor. d. The City representative's decisions and findings shall be the conditions precedent to the right, of the parties hereto, to arbitration or any action on the contract and to any rights of the Contractor to receive any money under this contract. e. Should the City representative render any decision or give any direction which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the Director, within thirty (30) calendar days, their written objections to the decision or direction so rendered and, by such action, may reserve the right to submit the question so raised to arbitration as herein provided. f. It is the intent of this agreement that there shall be no delay in the execution of the work, and the decision or directions of the City representative, as rendered, shall be promptly carried out. Any claim arising therefore, shall be thereafter adjusted by arbitration as hereinafter provided. 1 o. Character of Workers. The Contractor shall employ only workers who are competent to perform the work assigned to them, and in the case of skilled labor, who are adequately trained and experienced in their respective trades and who do satisfactory work. Should the Director notify the Contractor that any person(s) employed by the Contractor is, in the Director's opinion, incompetent, unfaithful, or disorderly, or who uses threatening or abusive language to any person representing the City while on the work site, such person shall be immediately discharged from the work site and shall not be re-employed thereon except with the written consent of the Director. 11. Chemicals, Use of. The Contractor may not use chemicals for any purpose unless they has the proper licenses as stated in Section II, Item 27, Certificates and Licenses. The Contractor shall submit a list of all chemical herbicides, rodenticides, and pesticides proposed for use under this Contract for approval by 93 of 190 May 4, 2021, Item #5the City's representative. Materials included on this list shall be limited to chemicals approved by the State of California, Department of Agriculture, and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendations of a licensed pest control advisor. The use of chemicals shall conform to the current San Diego County Department of Agriculture regulations. No chemical herbicide, rodenticide, or pesticide shall be applied until its use is approved, in writing, by the City's representative as appropriate for the purpose and area proposed. The monthly report required of the Contractor shall include a statement of all applications of herbicides, rodenticides, and pesticides detailing the chemical used, quantity, rate of application, area in which used, and the purpose of the application. 12. City's Right to Do Work: The City reserves the right to do work other than that required by these Specifications within the Contract area. If such work by the City affects the performance of this Contract by Contractor, before undertaking any restorative work, Contractor will be asked to submit an estimate of repair costs. 13. Contractor to Check Schedules and Information Sheets: The contractor shall check all Schedules and Information Sheets given to them by the City representative and shall notify the City representative of any discrepancy or any error or omission which the Contractor may discover in the course of the work. The Contractor will not be allowed to take advantage of any error or omission in the Contract documents, as full instructions will be furnished by the City representative should such error or omission be discovered, and the Contractor shall carry out such instruction as if originally specified. 14. Diligent Performance of Work: If, in the opinion of the City representative, the labor furnished by the Contractor is incompetent, unskilled or unreliable, their equipment inadequate, improper or unsafe, or if the Contractor fails to continuously and diligently execute the work, the City shall, in writing, instruct the Contractor to remove all such causes of complaint and the Contractor shall have five (5) days to comply. Payment shall be withheld until the Contractor has executed all work to the specification standards to the City's satisfaction. 15. Disposal, Recycling, and Grasscycling of Trash, Debris and Greenwaste: a. Contractors are instructed to exclude dump fees and the cost of hauling landscape refuse (green waste) outside the City. If needed, the City as part of the comprehensive recycling program, will provide Contractor(s) with a 40-yard roll-off container at a location within the City for disposal of landscape maintenance green waste. Trash removed from trash receptacles at City facilities that is not green waste shall be disposed of in trash containers on-site or as directed by the City. b. Solid waste: The Contractor shall not allow the work site to become littered with trash and debris and shall maintain the same in a neat and orderly condition throughout the Contract period. This includes any trash or debris left on the site. All disposal of trash and debris is included in the contract 94 of 190 May 4, 2021, Item #5price. The Contractor shall promptly remove all debris generated by Contractor's work. immediately after working in areas of public streets, gutters, driveways, and paved areas, the Contractor shall clean them with suitable equipment. c. Recycling of green waste: The Contractor will recycle all green waste from pruning, trimming, weeding, edging, and other work required in the specifications of this contract. It must be recycled to an appropriate greenwaste recycling location. All trash and debris is to be removed from the greenwaste prior to recycling. Recycling is included in the contract price. d. Grasscycling must be utilized when mowing. Grass clippings to remain in grass unless otherwise directed. 16. Estimated Quantities: The Contractor agrees that the quantities of work as stated in the Contractor's proposal, or indicated in the schedule of information sheets, are only approximate, and that during the progress of work, the City may find it advisable, and the Contractor shall have the right, to omit portions of work and to increase or decrease the quantities. The City reserves the right to add or delete any items as may be deemed necessary or desirable. Under no circumstances or conditions will the Contractor be paid anything on account of anticipated profits for work or any portion thereof covered by this Contract, which is not actually performed, and which has not actually entered into the installation or maintenance of improvements. 17. Excessive Water Usage: In case of Level of 2 or higher water shortage, or a change in local state or federal law(s), the Contractor is responsible for meeting citywide water restrictions as may be determined by the City Council, unless otherwise directed. The City has bi-monthly water quantity figures for all irrigation meters. If the excess water usage cannot be justified, the Contractor will be charged for the excessive use and will be deducted from the monthly payment. 18. Experience: Prior to contract award, the successful proposer(s) for this Contract shall be required to demonstrate to the City of Poway Landscape Maintenance District, or its agent, that landscape maintenance for municipalities or government agencies has been successfully performed in the Southern California area for a minimum of three (3) continuous years of the type involved in this Contract and possesses suitable equipment, staff, and facilities to perform the work. 19. Extra Work: 95 of 190 a. If extra work orders are given in accordance with the provisions of this contract, such work shall be considered a part hereof and subject to each and all of its terms and requirements. b. It is agreed that the Contractor shall perform all extra work under the direction of the City representative, when so ordered by the City May 4, 2021, Item #596 of 190 representative or City. It is further agreed that the compensation to be paid to the Contractor for performing extra work shall be determined in advance by the City representative, according to one of the following methods: Method A) Method B) Method C) By agreed unit prices of this contract; or By agreed lump sum; or By agreed unit prices of this Contract, and by agreed lump sum and/or by agreed unit prices for that portion of work which has no agreed unit prices in this Contract. c. Extra work will not be initiated without written authorization from the City or Agent in the form of a work request for such extra work to be performed. The method and/or procedure for said extra work written order shall be as determined by the City representative. d. Extra work may include, but not be limited to: 1) Preventive maintenance performed on irrigation systems or in relation to planted areas (i.e. weed control or pruning) not discussed in the bid specifications. 2) Repairs or replacement due to vandalism or accidents. 3) Remedial landscaping. e. Labor costs shall not exceed the contracted hourly rate in the fee schedule or in future contract amendments adjusted for CPI. f. Material cost shall be the actual cost plus ten (10) percent for handling of materials purchased by the Contractor and used for the extra work, including sales taxes, freight and delivery charges on an as-needed basis. Receipts will be reviewed by the City Representative. g. Equipment rental shall include reasonable rental time machinery or equipment is required, plus reasonable move-in and/or move-out charges. All equipment shall be in good working order and be suitable for its purposes. h. GraffitiNandalism. CONTRACTOR shall document and report to City all observations of: graffiti and other vandalism; illegal activities; transient camps; missing or damaged equipment or signs; hazards or potential hazards, including without limitation, sidewalk hazards caused by trees or other means, within 2 hours of observation. Graffiti shall be addressed by the Contractor within twenty four (24) hours of notice or observation. The Contractor shall notify the Contract Inspector of graffiti. i. The Contractor may charge extra for labor and materials to remove or eradicate graffiti provided the City's representative has approved the May 4, 2021, Item #5method to be used by the Contractor. Graffiti shall be eradicated by the Contractor within one (1) day of notice or observation. The Contractor shall notify the City's representative by submitting an incident report and receive a work order for this extra work prior to removing the graffiti. j. Exclusion From Extra Work. The Contractor may be requested to perform special tasks that are above their normal scheduled work, i.e., pruning for an aesthetic view problem. It is intended that the Specifications are indicative of the work to be anticipated but the Contractor will allow for additional work at no additional cost to the City that are considered normal maintenance to meet the objectives and criteria. Work performed without prior written approval will not be reimbursed. 17. Hazardous Conditions: The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from their operations. Any hazardous conditions noted by the Contractor, which are not a result of theiir operations, shall immediately be reported to the Special Districts Office (858) 668-4 708 or the main Public Works line (858) 668-4 700. 18. Holidays: The Contractor shall provide a list of those holidays recognized by the Contractor. Designated City holidays include: New Year's Day (January 1 ), Martin Luther King's Day (3rd Monday in January), Washington's Birthday (3rd Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (1st Monday in September), Veteran's Day (November 11 ), Thanksgiving and the day after (4th Thursday and Friday in November), and Christmas Day (December 25). The City's holiday list shall take precedence above the Contractor's. Additional days requested by the Contractor shall be made up as a part of this Contract. City offices are closed every other Friday. Any changes or additions to the holiday list will be provided as soon as they are known. 19. Key Personnel: The contractor is to provide an organizational chart [or list] indicating job descriptions of key personnel [i.e., accounts payable/receivable] for contact purposes. 20. Losses from Natural Causes: All loss or damage arising out of the nature of the work to be done, or from the action of irrigation floods, overflows, or ground water, or from unusual obstructions or difficulties, or any other circumstance either known or unforeseen which may be encountered in the execution of said work shall be sustained and borne by the Contractor at the Contractor's own expense. 21. Method of Payment/ Monthly Reports: a. The Contractor will be paid monthly, in arrears, for work performed satisfactorily under this Contract. Payment for maintenance of sites listed in this specification as being planned for construction some time during the life of the Contract will not start or be made until after the Director advises the Contractor in writing that the Contractor is authorized to commence 97 of 190 May 4, 2021, Item #5maintenance. b. By the first of each month, the Contractor shall submit a detailed report of maintenance performed and materials used in the prior month. This monthly report shall include before and after photos of the pump station and reservoir locations. A Monthly Pesticide Use Report shall also be submitted (but shall not take the place of the Pesticide Use Report required by the County of San Diego). 22. Methods of Operation: a. The Contractor shall give to the City's Representative full information in advance as to the Contractor's plans for carrying on any part or the work (i.e., Bi-Weekly Maintenance and Irrigation Schedules). b. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of the Contractor's personnel, equipment, and methods. c. The approval by the City of any plan or method of work proposed by the Contractor shall not relieve the Contractor of any responsibility thereof, and such approval shall not be considered as an assumption by the City, or any officer, agent, or employee thereof, of any kind of liability, and the Contractor shall have no claim under this contract on account of failure of inefficiency of any plan or method so approved. Such approval shall be considered and shall mean that the City has no objection to the Contractor's use or adoption, at the Contractor's own risk and responsibility, of the plan or method so proposed by the Contractor. 23. Modifications and Alterations: a. In executing the contract agreement, the Contractor agrees that the City shall have the right to make such modifications, changes, and alterations, as the City may see fit, in the work agreed to be done or any part thereof, or in the materials to be used therein, either before or after the beginning of installation work thereof, without affecting the validity of the contract. b. Where any modification, change, or alteration increases the quantity of work to be performed, and is within the scope of a fair interpretation thereof, such increases shall be paid for according to the quantity of work actually done according to unit prices. c. Modifications and alterations which reduce the quantity of work to be done shall not constitute a claim for damages or for anticipated profits on work involved in such reduction. d. All orders for modifications, changes, or alterations in the work as herein provided shall be in writing by the Director or the City representative. 98 of 190 May 4, 2021, Item #524. Monthly Contractor's Meetings: Meetings will be held the first Tuesday of each month at a designated time between all contractors and City staff (i.e., Public Works Supervisor and Contract Specialist/inspector. The purpose of these meetings is to discuss pertinent matters related to contracts and receive monthly billings. Upon request, the Contractor or their representative shall walk maintenance areas with the City representative or the Maintenance Supervisor and/or Inspector for the purpose of determining compliance with the Specifications or to discuss required work. The Contractor shall submit, at this meeting, a detailed report of the work performed, materials used during the past month, work to be performed in the current month, and additional reports as applicable as detailed in Section IV, Item 23. 25. Non-performance/Non-compliance: a. If the City determines that Contractor has not fulfilled the Contract according to the Specifications, those discrepancies and deficiencies in the work that remain uncorrected will justify a billing adjustment in the month following the occurrence. Sufficient notice by issuance of a written work order shall be given the contractor to correct any discrepancies and deficiencies within five (5) working days. b. When Contractor's negligence results in excessive use or waste of irrigation water, the estimated cost of this water shall be deducted from the contract payment. c. If the Contractor is terminated for non-performance, the City may contract out the remaining work at the Contractor's expense. d. If it is determined that the Contractor has not performed the work satisfactorily under the provision of this Contract, a non-credit status may be enforced during this period of "non-compliance". This prorate shall be based on the total yearly amount for labor divided by the working days available. If a non-credit status is imposed due to the Contractor's non-performance or non-compliance to the specifications and requirements of the Contract, it is agreed that the City will withhold payment of any invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this Contract. 26. Notice Requirements: a. b. 99 of 190 General: Notice shall be deemed to have been given by either party by posting of a certified, registered, or couriered letter, or the sending of a telegram, to the business address of the other party. Non-performance/Non-compliance: 1) Work orders shall be written which shall serve as first notice of any discrepancies and/or deficiencies. This notice shall state a reasonable May 4, 2021, Item #5C. time in which the contractor is to make any necessary corrections, or request the Contractor to provide a reasonable (as determined by the City) schedule of work. Should an emergency arise, the contractor is to respond immediately per Section II, item 4. 2) Should the contractor fail to meet the time limit set forth in the Work Order issued for a non-emergency, the contractor shall receive, in writing by facsimile and/or by certified mail, a second notice. The second notice puts the contractor in violation, and a specific date shall be given for compliance. 3) Should the Contractor not pursue corrective measures after the specific date has expired on the second notice, the City shall have the right to: a. Perform or hire another contractor to perform the work which shall be reimbursable by the Contractor, at cost plus a fifteen (15) percent administrative fee; or b. Issue a third and final work order with a "final" date and time. The Contractor is required to meet with City staff and review the discrepancies/deficiencies. No fourth work orders will be issued under any circumstances. Failure to Comply. Should it be necessary for the City to take action against the Contractor for non-performance and/or noncompliance of these specifications, i.e., Contract, the City shall: 1) Issue a Notice of Cause to the Contractor (either in person, by certified or registered mail, or by private courier) that will serve as a claim against the Contractor. 2) Should it be necessary, a Notice of Termination shall be given to the Contractor should the Contractor be found in breach of contract and non-compliance with the above. The Contractor shall be held responsible for any costs(s) that remain to re-assign the work to another Contractor. 27. Payment: The Contractor shall present monthly invoices for the contracted monthly amount. Included in the billing shall be: a. A maintenance chart showing all the work functions accomplished during the month for which the billing is submitted (e.g., fertilization, pest control, etc.). b. Included with the billing statement, the Contractor is to provide the City with a maintenance schedule for the next month of service. c. Reimbursement for replacement of parts shall be made upon verifications that old parts have been labeled and submitted to the City Representative weekly inspections. 100 of 190 May 4, 2021, Item #5d. Payments will be made monthly after verification of completion of the work by the City Representative. All Contractor and vendor invoices must accompany billing to show proof of expenditures before the City makes payment. Failure to present invoices may cause delay in payments. e. All work that is outside the basic Contract price and is to be covered by contingency funds must be negotiated before the work is accomplished. f. Monthly invoices are to be sent to: Landscape Maintenance Districts Public Works Department City of Poway P.O. Box 789 Poway, CA 92074-0789 INVOICES EXCEEDING THREE MONTHS FROM MONTH END FOR WHICH WORK WAS PERFORMED WILL ONLY BE PAID AT THE DISCRETION OF THE DIRECTOR OF PUBLIC WORKS. 28. Payments Withheld: The City may withhold payment as necessary to protect the City from loss due to: a. Work required in the Specifications that is defective, incomplete or not performed. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of Contractor to make payments to subcontractors or for materials or labor. d. A reasonable doubt that the Contract can be completed for the balance then unpaid. 29. Payroll Records: The City retains the right to examine the Contractor's payroll records and to consult with the Contractor's employees to determine if legal wage rates are being paid. These records must be available within the City limits of the City of Poway. 30. Personnel: Contractor shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. The number of employees assigned to this contract shall be approved by the City prior to the start of the contract and listed on the Contractor's information form under the Section VII, Forms. The City reserves the right to interview the contractor's assigned staff at any time for the purpose of assuring the City that the employee has the proper technical skills and understands the expectations of working in a municipal setting. Contractor's employees, whether assigned to any one facility or as part of a crew serving any number of facilities, shall include at least one individual who speaks 101 of 190 May 4, 2021, Item #5and writes the English language proficiently and has a cell phone with an active e-mail account. City may, at any time, give Contractor written notice to the effect that the conduct or action of a designated employee of the Contractor is, in the reasonable belief of the City, detrimental to the interest of the public patronizing the premises. Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter and Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of Contractor's employees will not be detrimental to the interest of the public patronizing the premises. Contractor is required to establish an identification system for personnel assigned to the facility which clearly indicates, to the public, the name of the Contractor responsible for the landscape maintenance services. The identification system shall be furnished at the Contractor's expense and will include appropriate uniforms and/or name badges as specified by the City. Sufficient changes shall be provided to present a neat and clean appearance of the landscape personnel at all times. Contractor shall maintain full staffing levels during inclement weather to deal will all weather related work, such as, but not limited to keeping all drainage structures (brow ditches) clear and in operating condition. The contractor may request a manpower reduction during inclement weather and accumulate hours of work owed back to the city at the contract rate if approved by the city. Or the reduction of manpower can be deducted from the monthly maintenance invoice. All manpower reduction requests must be in writing from the contractor and if the contractor reduces manpower at any time that is not authorized by the city, the city may deduct money from the monthly maintenance invoice at the contracted hourly rate. 31. Personnel, Supervision: a. The Contractor shall furnish sufficient supervisory and working personnel to promptly accomplish, to the satisfaction of the Director or their agents, and on schedule, all work required under this Contract during the regular and prescribed hours. The Contractor and their employees shall conduct themselves in a proper and efficient manner at all times and shall be suitably attired. The Director may require the Contractor to remove from the job site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment may be considered contrary to the best interests of the City. b. The Contractor shall furnish a competent supervisor on the job at all times who is capable of discussing matters pertaining to this Contract with the Director of Public Works or their agents. They shall have a minimum of four (4) year's experience in landscape maintenance supervision. 102 of 190 May 4, 2021, Item #5c. The Contractor or their staff should have expertise and experience in turf management, entomology, pest control, soils, fertilizer, plant identification and irrigation systems maintenance, and be able to display competence in these areas to the Director or their agents. 32. Proiect Inspections: a. The City representative and the Contractor's supervisor will meet on the site on a weekly basis, to inspect the project and determine compliance with the Specifications or to discuss required work. The supervisor's time is inclusive of the contracted price. b. Inspection Reports for each area surveyed shall be prepared by the City representative and given to the Contractor's supervisor. These reports shall note the inadequacies, discrepancies, and/or deficiencies of an area. (See Item 28 of this Section, Notice Requirements. 33. Protection of Existing Facilities and Structures: a. The Contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities both above surface and underground on the District's or City's property. Any damage to said property deemed to be caused by the Contractor's neglect shall be corrected or paid for by the Contractor at no cost to the City. This will include loss of plant material due to improper care. b. If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to contact the various utility companies to verify and locate any underground systems or utility lines. The Contractor shall take responsibility for exercising caution when working in these areas. If the Contractor damages utilities, they will be responsible for making the necessary repairs at their own expense. The Contractor will notify the City within one (1) hour of any damage that occurs. c. The Contractor shall provide barriers, which are to be kept in place at all times, to protect persons other than those engaged on or about the work from any accident. The Contractor will be held responsible for all accidents to persons or property through any negligence of the Contractor or the Contractor's employees. d. The Contractor shall agree to, and shall, hold the City, its elective and appointive boards, officers, agents, volunteers, and employees, harmless from any liability for damage or claims for damage which may arise from the Contractor's operations under this contract agreement, whether such operations be by the Contractor or any Subcontractor, or by any one or more persons directly or indirectly employed by, or acting as agent for, the Contractor or any Subcontractor or its elective and appointive boards, officers, agents, volunteers, and employees from any suits or actions at law 103 of 190 May 4, 2021, Item #5or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations. e. The Contractor shall give reasonable notice to the owner(s) of public or private property and utilities when such property is liable to injury or damage through the performance of the work, and shall make all necessary arrangements with such owner(s) relative to the removal and replacement or protection of such property or utilities. 34. Protection of Property During Inclement Weather: During storms, the Contractor will provide supervisory inspection of the project during regular hours to prevent or minimize possible damage from inclement weather. The Contractor shall submit a report [attached to site map] identifying any storm damage to the City identifying location of damage and cost estimates. It is the Contractor's responsibility for removing branches and leaves downed by high winds or other typical or non-typical environment condition is as follows: a. Contractor must remove, at no additional cost, all debris on contracted property regardless of disposition of affected tree, shrub, or any other landscape related item, within 48 hours of notification or self-discovery. b. Leaves or other landscape debris which accumulates in street gutters adjacent to Contractor's area of work, shall be removed by Contractor at no additional charge to City. c. Debris inhibiting proper flow of water in v-ditches and other structures shall be removed as needed to prevent flooding or damage to property. Damage caused by or increased cost incurred by the City as a result of Contractor not maintaining site in satisfactory condition prior to inclement weather, will be charged to the Contractor. If additional work beyond this Contract, it shall be paid for as extra. 35. Provision for Emergencies: a. Whenever, in the opinion of the City representative, the Contractor has not taken sufficient precaution for the safety of the public or the protection of the work to be done under this Contract, or of adjacent structures or property which may be injured by processes of maintenance, on account of such neglect an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal, or property interests, then the City representative, with or without notice to the Contractor, may provide suitable protection to the said interest by causing such work to be done and material to be furnished and placed as the City representative may consider necessary and adequate. The cost and expense of such work and material so furnished shall be borne by the Contractor, and, if the same shall not be paid on presentation of the bills therefore, such costs shall be deducted from any amounts due or to become due the Contractor. The performance of such emergency work under the 104 of 190 May 4, 2021, Item #5direction of the City representative shall in no way relieve the Contractor of responsibility for damages which may occur during or after such precaution has been duly taken by the City representative. b. The Contractor shall not be entitled to any damages or extra pay on account of any postponement, interference, or delay caused by any such structures and facilities within the work area whether they are shown on the plans or not. 36. Record Drawings: A set of record drawings of irrigation systems, where available, may be obtained by the Contractor in electronic format upon request to the Special Districts Division at a cost for duplication. 37. Relations with Other Contractors. a. The Contractor shall cooperate with all other contractors who may be performing work on behalf of the District or City and workers who may be employed by the District or City on any work in the vicinity of the work to be done under this contract. The conduct of the Contractor's operations shall interfere to the least possible extent with the work of such contractors or workers. b. Any difference or conflict that may arise between the Contractor and other contractors, or between the Contractor and District or City workers, in regard to their work, shall be adjusted and determined by the Director or their Agent. c. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or contractors, the Contractor shall have no claim against the District or City on that account other than for an extension of time. 38. Repairs: a. All portions of existing structure or facilities, including irrigation systems, which are damaged or altered in any way, as a result of the performance of work under these Specifications during the term of the Contract, shall be repaired or replaced in kind and in an approved manner. All work of this kind shall be performed by the Contractor at no cost to the City, and shall be as indicated by the City's Representative. Repairs to facilities shall be made immediately after damage or alteration occurs, unless otherwise instructed. A comprehensive testing and check of all irrigation systems shall be made approximately thirty (30) days prior to the end of the Contract and any repairs deemed the responsibility of the Contractor shall be made by the Contractor prior to the end of the Contract. If repairs are not made by the Contractor to the satisfaction of the City's representative, deductions shall be made from the Contract payment in the amount to cover the cost to eliminate the discrepancies, as determined by the Director. 105 of 190 May 4, 2021, Item #5b. All portions of existing structures or facilities, including irrigation systems, which are damaged or altered by vandalism, theft, or disappearance shall, as indicated by the City's representative, be repaired or replaced in kind and in an approved manner. All work of this kind shall be performed by the Contractor. Authorization from the City's representative must be obtained before repairs to the facilities are made unless otherwise directed. c. Any replacement must conform to the type and kind of existing system. Any deviation must be approved in writing by the City's representative. d. A written Incident Report for damages exceeding twenty-five dollars ($25.00) shall be submitted by the Contractor for all occurrences of vandalism, theft, damage, or disappearance detailing the quantity, size and location, within forty-eight (48) hours after the occurrence. Contractor's failure to meet this requirement will result in Contractor's responsibility for total repair costs. Reports shall be filed for all damages occurring on the site. However, the City will not be liable for minor damages of less than twenty-five dollars ($25.00). These costs will be the responsibility of the Contractor. e. Old parts, as they are replaced, shall be labeled and turned in to the City representative at the time of weekly inspections to validate billings for reimbursement. 39. Reports, Records and Schedules: CONTRACTOR shall prepare and submit to CITY a monthly project report. Said report shall indicate the overall condition of the maintained sites and list specifically any unusual or problem areas or situations. The report shall also include action to be taken by CONTRACTOR to rectify said situation(s) and indicate the anticipated time frame for compliance. a. Pesticide Reports: 106 of 190 1. Records of all pesticides and fertilizers used by CONTRACTOR on City property will be submitted electronically through e-mail on a provided excel spreadsheet, by the first working day of the month to CITY representative. CONTRACTOR is responsible to maintain site and date specific records which shall be retained in accordance with Department of Pesticide Regulations. 2. Records of all operations shall be kept per California Department of Pesticide Regulations. 3. The monthly use reports are due by the 10th of each month and will have the total amount of chemicals, including fertilizers, used on CITY property per CDPR and NPDES requirements. 4. Copies of current Qualified Applicator Licenses/Certificates. and a licensed Pest Control Advisor per the CA Department of Pesticide May 4, 2021, Item #5Regulations. Provide copies of current licenses and certificates. Must be maintained for life of the contract. b. Irrigation Reports: CONTRACTOR shall maintain and submit to CITY the following reports at the prescribed times: 1. Irrigation Tracking Sheet: To be filled out at the time of scheduled testing/repairing and turned in monthly to CITY. 2. Annual Irrigation System Maintenance Record: CONTRACTOR is to provide a spreadsheet listing each system serviced (including recycled water connection/coverage testing) with the date, an itemized list of the service provided and the name and signature of the person(s) that did the work. c. Green Waste Report: This report is due to CITY on a monthly basis with the following information: 1. The area from which the green waste was removed. 2. The weight of the green waste. 3. The name and address of the company that is processing the green waste recycling. 4. Amount of green waste reused in Poway, if any. 5. Amount of green waste reused outside of Poway, if any. d. Additional Reports: Additional reports shall also be submitted as applicable, including but not limited to the following: 107 of 190 1. Suggestions for improving problem areas. As needed or as requested by City. 2. Reports of work planned. Due at meeting with City. 3. Cost information to perform extra work for upgrading specific areas. As needed or requested by City. 4. Weekly Maintenance Schedule(s). i) Contractor shall provide a weekly maintenance schedule to the City. Due at weekly meeting. ii) Notification of change in scheduled work must be received by the May 4, 2021, Item #5City at least twelve (12) hours prior to the scheduled time for the work. iii) Contractor shall adjust their work schedule to compensate for all holidays and inclement weather. 5. Seasonal Irrigation Schedule Form(s). Due at last weekly meeting of the month. 6. Accident Reports. Due within twenty-four (24) hours of accident. 7. Incident Reports. Due within twenty-four (24) hours of incident. 8. Hazard Reports. Due within twenty-four (24) hours of identification/discovery. 9. Irrigation test reports. Due at weekly meeting or at last meeting of the month depending on type of site. 40. Response: The Contractor's supervisor shall be available, by pager, cellular phone, of home phone number, to handle emergencies per Section II, Item 4. If the Contractor cannot be contacted, the City retains the right to complete the necessary emergency action and deduct time and materials from the Contractor's monthly billing. 41. Responsibility of the Contractor: a. The Contractor shall furnish all transportation, tools, equipment, and labor, and be solely responsible for the safe, proper, and lawful installation, maintenance, and use thereof. b. The Contractor shall protect the Contractor's work from damage and all injury to the same. c. The Contractor shall be solely answerable for all damage to the District or property of the District or City, to other contractors or other employees of the District or City, to the neighboring premises, or to any private or personal property, due to improper, illegal, or negligent conduct by himself, or the Contractor's subcontractors, employees, or agents in or about said work, or in the execution of the work covered by this Contract, or any extra work undertaken as herein provided, or to any defect in, or any improper use of machinery, equipment, materials, or materials storage. d. Any plan or method of work suggested by the Director or their representative to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. Neither the City nor its agents will assume any responsibility therefore. 108 of 190 May 4, 2021, Item #542. Responsibility for Work: The Contractor shall be responsible for all damages to people and/or property that occur as a result of the fault or negligence of said Contractor or their employees in connection with the performance of the work. 43. Safety: All work performed under this Contract shall be performed in such a manner as to provide maximum safety to the public and comply with all safety standards required by CAL-OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this Contract. 44. Scheduling of Operations: a. The Contractor shall perform work at such time as to minimize disturbance or interference to resident convenience, pedestrian or vehicle circulation, specifically between the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday. The City is closed on alternate Fridays and no work shall be performed in the City right of ways that require traffic control. Exceptions may be made in mitigating circumstances and permission must be granted through the Director or the City representative. b. Operations that generate excess noise, i.e., running any type of power equipment, will not be allowed before 7:00 a.m., so as not to disturb the residents of the area. c. The Contractor shall keep the City informed of the Contractor's work activity including maintenance work, scheduled maintenance work, and extra work schedules. A two-week work schedule shall be provided to the City by the Contractor indicating planned work activity for the following two weeks by the Contractor. The Contractor shall use Monday as the start day of the workweek for said schedule during the Contract period. The work schedule shall be received by the City on the first Thursday prior to the start of the Contract and every other Thursday thereafter for the term of the Contract. When a holiday falls on a Thursday for which a schedule is to be submitted, the schedule shall be then submitted the day prior to the holiday. The City shall immediately notify the Contractor of any anticipated conflicts with planned work activity provided on said work schedules. d. The Contractor will also furnish a special notification, in writing, a list of exact start dates for fertilization, aerification, renovation, and other infrequent operations. This shall be furnished to the City's representative at least ten (10) working days in advance of performing these operations. 45. Soils and Plant Testing: When required by the City, Contractor test soils and/or plant in selected areas for soil fertility, salt buildup, or pathological organisms. These tests may be billed as an extra by the Contractor and will be used to determine whether additional treatments are required. The proposed testing lab 109 of 190 May 4, 2021, Item #5will be approved by the City. 46. Sound Control: a. The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to this Contract. b. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler and spark arrestor. c. Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be allowed thereof. 47. Subcontractors: No subcontractors will be recognized as such. All persons engaged in the work will be considered as employees of the Contractor; and the Contractor shall be held directly responsible for their work. 48. Substitutions: Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the City's representative. 49. Suggestions to Contractor Adopted at the Contractor's Own Risk: Any plan or method of work suggest by the City Representative, or other representative of the City, to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the City Representative and the City will assume no responsibility therefore. 50. Superintendent of Work: The Contractor shall provide and maintain, continually on the site of the work during its progress, adequate and competent superintendents of all operations for and in connection with the work which is being performed under this contract, either personal or by a duly authorized superintendent or other representative. 51. Supervision and Inspection: a. The City shall be and is hereby authorized to appoint or employ such supervising inspectors, as the City may deem proper, to inspect the materials furnished and the work performed under this contract, and to see the said materials are furnished, and the said work is performed according to specifications, schedules and information sheets. The Contractor shall furnish all reasonable aid and assistance required by the Director, or by the Director's authorized representative, for the proper inspection and examination of the work and all parts thereof. 110 of 190 May 4, 2021, Item #5b. The Contractor shall regard and obey the directions and instructions of the Director, or any properly authorized representative, when the same are consistent with the obligations of this contract and specifications. Should the Contractor object to any order given by any subordinate supervisor, inspector, or City representative, the Contractor may make written appeal to the Director for the Director's decision. c. Such inspection shall not relieve the Contractor from any obligation to perform said work strictly in accordance with the specifications, schedules, and information sheets, or any modifications thereof as herein provided, and work not so installed shall be removed and made good by the Contractor at the Contractor's own expense, and free of all expense to the City, whenever so ordered by the Director, without reference to any previous oversight or error in inspection. 52. Support Information/Quantities: The support information or quantities, such as square footages or acreages, are prepared from the best information available. The purpose of this information is to assist the Proposer, and the City takes no responsibility for complete accuracy. 53. Suspension of Work on Notice: The contractor shall delay or suspend the progress of work, or any part thereof, whenever the Contractor shall be so required by written order of the Director or City representative, and for such periods of time as delay or of such suspension of progress of work, or any part thereof, the time for completion of the work so suspended or of work so delayed by such suspension shall be extended for a period equivalent to the time lost by reason of such suspension; but such order of the Director or City representative shall not otherwise modify or invalidate in any way the provisions of this Contract. 54. Titles and Subheadings: The titles or subheadings used in this Contract, the Contract Schedules, Information Sheets, and Specifications are understood to be for convenience of reference only and shall not be taken or considered as being a part thereof, or as having any bearing on the interpretation thereof. 55. Unfavorable Maintenance Conditions: During unfavorable weather, wet ground, or other unsuitable maintenance conditions, the Contractor shall confine the Contractor's operations to work that will not be adversely affected. No portion of the work shall be done under conditions that would adversely affect the quality or the efficiency of the work, unless by special means or precautions approved by the City representative, allowing the Contractor the ability to perform the work in a proper and satisfactory manner. 56. Verbal Statements Not Binding: It is understood and agreed that the written terms and provisions of the Contract Agreement shall supersede all prior verbal statements of any and every official and/or other representative of the City, and such statements shall not be effective or be construed as entering into, or forming a part of, or altering in any way whatsoever, the written Contract Agreement. 111 of 190 May 4, 2021, Item #557. Certified Landscape Technician -Irrigation, and other: The Contractor is required to provide a foreman in possession of certification from California Landscape Contractors Association (CLCA) as a Certified Landscape Technician -Irrigation. The foreman is required to be onsite at all times during the repair, replacement, and installation of irrigation. A copy of the certificate is required prior to the award of contract. The Certified Landscape Technician-Irrigation must have a minimum of six months or 1,000 hours of irrigation-related field experience and have a California Landscape Contractors Association Certified Technician for irrigation or equivalent. The Irrigation Technician minimum requirement is six months or 1,000 hours of irrigation-related field experience. Certified Landscape Technician Crew Leader I -Four years of landscape maintenance repair and experience and possession of a California Landscape Contractors Association Certified Technician or equivalent. The Gardner must have one year of experience in landscape maintenance and repair. [Remainder of Page Left Blank Intentionally] 112 of 190 May 4, 2021, Item #5TECHNICAL SPECIFICATIONS 1. Obiectives: The objectives set forth herein are general results to be achieved by the maintenance methods set forth in Number 5 of this Technical Specification, "Methods of Performing Work." The purpose of these objectives is to allow the Contractor to assist in interpreting the long-range appearance of the landscaped areas and to assure that the design criteria and objectives established by the City are being met. When it is obvious that the methods specified are not adequate to meet the general appearance guidelines, that additional frequencies or special pruning are required, the Contractor shall adjust the schedule accordingly, at no cost to the City. a. The landscape goal for Districts is to visually unify the various land uses and maintain a standard of quality for community appearance. This will protect and enhance real estate values, as well as intensifying the image of the City of Poway as a pleasant and attractive place to live. 1) High visibility areas such as medians, parkway and slope planting adjacent to streets, paths, and sidewalks shall have a well-groomed appearance. "Dead" wood, branches, leaves and flowers should be removed from planters and surrounding areas as soon as noticed by the maintenance personnel. The maintenance personnel should be constantly aware of the overall general appearance of these critical areas. 2) All plant material on the site(s) shall be maintained to guarantee their vigorous and healthy growth according to the best horticultural practices, using proper maintenance techniques, including, but not limited to, irrigation, drainage, pruning/trimming, staking/guying, fertilizer applications, and pest control procedures. 3) The City may require soils and/or plant tests of selected areas for soil fertility, salt buildup, or pathological organisms. These tests, billed as an extra and cost, will be used to determine whether additional treatments are required. The proposed testing lab will be approved by the City. 2. Traffic Control and Maintenance: a. The Contractor shall conform to Section 7-10 of the Standard Specifications for Public Works Construction, 2018 Edition. b. When entering or leaving roadways that carry public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic, whether vehicular or pedestrian. 113 of 190 May 4, 2021, Item #53. c. The Contractor shall include in their proposal all costs for the requirements enclosed within this section. Full compensation for signs, barricades, flagmen, and all other things necessary shall be considered as included in the various listed proposal items of work, and no additional allowance will be made therefore. d. Failure or refusal of the Contractor to abide by the restrictions as set forth in this section shall be sufficient cause for stopping the work until the Project Manager determines that the public and occupant safety is assured and occupant convenience is optimized. e. The Contractor must apply for a City Right-of-Way Permit, at no cost. Included with the Right-of-Way Permit, the Contractor must submit the following: 1) Copy of their Certificate of Insurance. 2) Copy of Contractor's license. 3) Traffic control plans for typical streets for maintenance and repairs, and shall be done in accordance with Appendix A of the San Diego Regional Standard Drawing entitled "Traffic Control Plans." The traffic control plans must be approved by the City's Traffic Engineer prior to the approval of the Right-of-Way Permit. Furthermore, the Right-of-Way Permit must be approved prior to start of Contract. f. It is the Contractor's responsibility to call the City's Traffic Engineer prior to submitting their proposal, and to find out what will be required for traffic control and include any requirements in their proposal. No additional compensation will be made. Traffic Engineering staff can be contacted at (858) 668-4640. g. Copies of all City of Poway Engineering Division approved plans are to be kept in the Contractor's "on-site" landscape maintenance vehicles while performing work. A copy of the approved plan is also to be forwarded to the City's Representative. Scope of Work: a. The Contractor shall furnish all labor, equipment, materials, tools, services and special skills to perform the complete landscape maintenance of all contract areas including, but not limited to, irrigation, pruning, shaping, trimming and training of trees, shrubs, and ground cover plants; tree surgery; fertilization; cultivation; weed control; control of all plant disease and pests; sweeping; maintain pathways, irrigation and drainage systems, including natural drainage features on the site; litter pick up; removal of illegal dumps; plant replacement and all other maintenance required to 114 of 190 May 4, 2021, Item #5maintain the areas included in this Contract in a safe, attractive and usable condition, maintaining the plant material in good condition with horticulturally acceptable growth and color in accordance with the Service Level Schedules. b. The Contractor will submit the required Maintenance Schedule Charts (Appendix C) provided by the City for scheduling the maintenance operations including, but not limited to, tree pruning, insecticide and herbicide application, fertilizer types and frequency of application, growth inhibitor application, thatching, mowing and aeration of turf areas. The Contractor will also provide to the City's representative a schedule of each irrigation controller which cites, the station numbers, cycles per day, total time per station per week, and comments. Special notification, in writing, listing exact start date for fertilization, aerification, renovation, and other infrequent operations shall be furnished to the City's representative at least ten (10) working days in advance of performing these operations. 5. Methods of Performing Work: 115 of 190 a. Irrigation Inspection, Operation & Maintenance WATER CONSERVATION Water conservation shall be practiced and City of Poway mandated water restrictions in accordance with Poway Municipal Code Section 8.94. Irrigation shall be done in a manner to minimize run-off or other wastage. Failure to properly manage and conserve water resources may result in deductions or other penalties. Any over use of irrigation that exceeds the City's water budget per each meter may be deducted from the contractors monthly maintenance invoice. The Contractor shall turn off irrigation systems during periods of measurable rainfall and at such (prior and 48 hrs. after rain event) other times when suspension of irrigation is desirable to conserve water and to remain within the guidelines of good horticulturally acceptable landscape maintenance practices, unless otherwise directed by the City. WATERING AND IRRIGATION All landscaped and turf areas shall be irrigated, as required to maintain adequate growth and appearance, with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to: hand watering, operation of manual valves, proper utilization of automatic controllers and valves. CONTRACTOR shall insure that personnel operating irrigation systems are fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use, and fully equipped and capable of performing proper programming and operation of the irrigation systems. May 4, 2021, Item #5116 of 190 CONTRACTOR shall be responsible for performing all specified irrigation tasks including, but not limited to: testing, adjustments, repairs, replacements, and supplemental watering. CONTRACTOR shall notify CITY immediately of any deficiencies in irrigation at these sites. Irrigation controllers shall be programmed by CONTRACTOR, with current schedules provided to CITY monthly, and whenever modifications are performed over subsequent month. Areas not provided with an irrigation system shall be hand watered by CONTRACTOR. This includes situations where the automatic system is inoperable for any reason. CONTRACTOR shall be responsible for providing all equipment, such as hoses, couplers and nozzles to accomplish this task. Watering shall be regulated to avoid interference with any use of roadways, paving or walks, and to be in compliance with CITY'S water conservation ordinance. Irrigation shall be controlled in such a way as not to cause any excessively wet area, which could be damaged by mowing or other traffic. No irrigation shall be done during and 48 hours after periods of measurable rain without prior written approval of CITY. CONTRACTOR shall be responsible for replacing all plant materials that die or are permanently damaged due to excessive or insufficient watering. IRRIGATION MAINTENANCE, REPAIR AND TESTING CITY shall provide, or reimburse CONTRACTOR for irrigation parts, heads, and other irrigation system equipment replacements that exceed $25 per month per site, with CITY'S approval. CONTRACTOR shall provide labor and equipment for maintenance of the irrigation system including repairs and replacements (whether due to damage, malfunction, vandalism, normal wear, or other causes) of all components, including, but not limited to: A. Heads, nozzles, bodies, nipples, elbows, unions, risers B. Lateral and main lines C. Valves (control valves, ball valves, quick-coupler valves, master valves, etc.) D. Pumps and flow sensors E. Automatic controllers and appurtenant devices (ET and rain gauge, antenna and the like) May 4, 2021, Item #5117 of 190 G. Pressure regulators CONTRACTOR shall notify CITY of any damaged, deficient or inoperable irrigation component indicating the location, valve station number, problem, size, and type of irrigation equipment. Repair or replacement of irrigation components by CONTRACTOR shall be completed within two (2) working days of determining damaged or inoperable irrigation component, or sooner to prevent damage to turf or landscaping, or if the repair is otherwise deemed urgent by CITY. Replacements of irrigation equipment shall be with originally specified equipment of the same size and quality or substitutes approved by CITY prior to any installation thereof. Miscellaneous items such as glue, primer, dry splice connectors, Teflon and electrical tape, etc. shall be included in contract price. CONTRACTOR'S Irrigation Technicians shall be fully trained in all phases of landscape irrigation systems and thoroughly familiar with the particular equipment in use. Technicians shall be fully equipped and capable of identifying and isolating problems and performing the proper programming, inspection, testing, repair and maintenance of the irrigation systems. All of CONTRACTOR'S crew members working on irrigation shall be appropriately trained and under the direct supervision of a qualified Irrigation Technician per every three crew members. CONTRACTOR'S Irrigation Technicians shall be fully competent and proficient in programming Calsense irrigation controllers and central command and equipped with Calsense Radio Remote hand-held remote valve actuator. Prior to testing a system, CONTRACTOR shall inspect all irrigated areas; note and mark with a flag marker any dry or stressed areas. During the course of the irrigation test, CONTRACTOR shall determine the cause of the noted deficiency and make needed repairs. CONTRACTOR shall sequence controller(s) to each station to check the function of all facets of the irrigation system. During irrigation testing CONTRACTOR shall: A. Post a visible City approved sign that states "Irrigation Testing in Progress" or similar. B. Adjust all sprinkler heads to provide correct coverage, uniform precipitation, prevention of runoff and erosion, and prevention of excessive overspray onto adjacent areas. C. Check for, and correct all leaks, including pipes, risers, seals, etc. May 4, 2021, Item #5118 of 190 D. Clean, flush, adjust, repair or replace any equipment, head or component that is not functioning to manufacturer's specifications. E. Adjust valves and heads to keep all systems operating at manufacturer's recommended operating pressures. Valve throttling and pressure gauging shall be employed to prevent excessive fogging. F. Check valve boxes and covers. Remove soil and debris from valve boxes. Repair or replace as needed. Replace and secure cover bolts as needed. G. Check for low-head drainage. Clean, repair or replace malfunctioning or missing anti-drain devices including in-head check devices. H. Check and clean irrigation controllers, booster pumps and enclosures for debris. Check for rodent damage and notify City of damage or repairs needed. Any system malfunction, damage, or deficiency not immediately resolved after testing shall be reported, including effected valve station(s) and other pertinent details, to CITY. Said reporting shall be in writing. In addition to weekly testing by CONTRACTOR, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. CONTRACTOR shall be responsible for coordinating with the CITY on annual certification of backflow prevention devices and testing of recycled water connection/coverage. CONTRACTOR shall submit as-built drawings of all modifications to irrigation systems, including, piping, relocation of equipment or sprinkler heads, replacement of heads with another make or model, changes in nozzles and the like. As-built changes shall be complete to the satisfaction of CITY. As-built drawings shall be made neatly and legibly on a blue-line copy of the irrigation drawings supplied by CITY, and shall be submitted within two (2) working days of completion of the work. Frequencies of irrigation testing shall be weekly or more frequently if problems or conditions indicate a need. Irrigation systems shall be operated efficiently to conserve water and maintain healthy plant growth. Application of water should consider soil types, topography, weather conditions, and be tailored to distinct planting areas (hydrozones). Special attention shall be directed to slopes to prevent soil saturation and runoff. Contractor is responsible for replacing plant materials that die because of poor irrigation scheduling. May 4, 2021, Item #5119 of 190 Remote control valves shall not be operated manually unless electrical power is unavailable or temporarily interrupted, except for testing and periodic valve maintenance. Repairs to irrigation systems shall be made in accordance with original contract documents. Contractor shall make required repairs and operate systems as originally intended. Irrigation system repairs caused by conditions over which Contractor has no control shall be performed by others, or paid for by the City provided an incident report is submitted to the City within 48 hours. Repairs under this category shall be -extra work and are noted below: i. Loss due to theft; ii. Storm damage and other natural occurrences; and iii. Damage by vandalism, and accidents caused by other than Contractor and their employees. Contractor shall adjust heights of sprinkler risers to compensate for growth of plant materials. Strainers at backflow preventers shall be flushed out semi-annually as a preventative maintenance measure. The Contractor shall be responsible for maintaining the painted surfaces of irrigation controller cabinets as well as the corresponding identification letter or number and the automatic irrigation numbers on the lids of the automatic control valve boxes. The Contractor shall be responsible for replacing batteries a minimum of twice per year on all battery operated controllers. The batteries shall be labeled with the replacement date. RECYCLED WATER: a. The site supervisor and any other employees that work on or operate irrigation systems that use "recycled water" shall receive instruction from the City's Landscape Staff on recycled water usage and ensure adherence to all storm water requirements. b. All irrigation components that use recycled water, including meters, valves, valve boxes, sprinkler heads, quick couplers, filters and gate valves shall be inspected during normal irrigation checks and reported in the monthly irrigation reports that are submitted with the monthly maintenance invoice for the site. c. All recycled water usage shall be maintained to ensure compliance with storm water requirements and regulations. May 4, 2021, Item #5120 of 190 d. Annual Irrigation System Maintenance Record: CONTRACTOR is to provide a spreadsheet listing each system serviced (coverage testing) with the date, an itemized list of the service provided and the name and signature of the person(s) that did the work. e. The City representative and the Contractor's supervisor will meet on each recycled water site annually with the City recycled water Cross-connection Specialist to walk each site utilizing recycled water and perform an annual site inspection to maintain regulatory compliance. b. Litter Control All yard and green waste debris generated by pruning, mowing, trimming, weeding, edging, and other work required in the specifications of this contract shall be kept separate from litter, garbage, and recyclables. Yard and green waste shall be chipped for mulch and spread on site or shall be placed in a green waste container for dispensation at a facility which will process the waste either by mulching or composting. 1. Immediately after working in areas of public streets and walks, driveways, and paved areas, the Contractor shall clean them with suitable equipment. All yard and green waste shall be subject to the above paragraph (a). All other debris will not be allowed to remain on the site at the end of the workday, but shall be removed and disposed of legally off-site. · 2. In all areas covered by this Contract, litter, including, but not limited to animal droppings, stones, glass, paper, leaves, twigs, cardboard, metallic items, and other debris, including illegally dumped materials, shall be removed from the site as based on the Service Level and Fee Schedule worksheets. 3. Should Contractor not be able to provide disposal/recycling services, said Contractor shall contact the City's Exclusive Franchise Hauler for services. The Contractor shall not enter into contract with any other hauler other than the City's Franchise Hauler. 4. Hazardous materials (e.g., oils, other fuels, pesticides, and herbicides) used in the operation of equipment, shall not be placed in any gutter or storm drain system, but must be collected and disposed of according to Federal or State laws, and/or County or City of Poway ordinances. c. Weed Control 1. Keep basins and areas between plants free of weeds. All trees in ground cover areas shall have a 12" radius of open soil maintained May 4, 2021, Item #5121 of 190 around the base of the trunk. This will reduce damage to tree trunks and roots by machinery and by excess water. Use mulches to help prevent weed seed germination. Weeds that have germinated shall be eradicated either by chemical or mechanical means, within three (3) weeks of germination or before the plants set seeds. 2. Weeds shall be removed as needed from all turf, shrub areas, ground cover beds, and planters, and shall be removed monthly from all cracks in paved areas, including sidewalks, curbs, asphalt, all hardscape, and areas covered with ornamental rocks. Street median island maintenance shall include removal of weeds growing in paved and unpaved areas of median islands. For the purpose of these requirements weeds will be considered as "any undesirable, troublesome plants," including, but not limited to, artichokes, pampas grass, tumbleweeds, etc. Weeds shall be controlled whether by hand, mechanical, or chemical methods. The City's representative may restrict the use of chemical weed control in certain areas. 3. All plant materials within a four (4) foot area adjacent to improved surfaces, such as concrete sidewalks, service roads, and pathways will be continuously controlled so that height does not exceed twelve inches (12"). 4. Plant material normally classified as weeds will be treated as wild flowers in the natural open space areas, with the following exceptions: • Pampas grass, artichoke, and tumbleweed will be continually controlled to reduce fire or safety hazards. • Annual plants that attain a height of six inches (6") or more in the seed stage will be mechanically controlled upon completion of growth cycle to reduce fire hazard in areas deemed necessary by the City's representative. 5. The Contractor shall maintain a ten foot (1 O'), weed-free strip next to all planted areas. 6. Existing hydroseeded areas on-site shall be treated in the same manner as the ground cover areas. In areas where this may be impractical (i.e., 2:1 slope areas), a weed eating device may be used to cut down weeds that extend above hydroseeded cover. d. Mowing 1. Turf shall be mowed in accordance with the Service Level for the site. May 4, 2021, Item #5122 of 190 2. Mowers shall be maintained so as to provide a smooth, even cut without tearing. The blade adjustment shall provide a uniform, level cut without ridges or depressions. The mower blades shall be kept sharp. Equipment shall not be allowed to cause ruts in the turf. 3. Mowing shall be performed so that no more than one-third (1/3) of the grass blade is removed during each mowing. Inclement weather may preclude adherence to the frequency schedule; the Contractor may request that the City's representative alter mowing frequency because of rain or prolonged cold. A missed mowing cannot be "made up" by mowing twice in the subsequent week(s). 4. Mowing must be done in a systematic fashion approved by the City's representative. All sidewalks shall be cleaned immediately after mowing. Cuttings shall be removed from the hardscape and not blown into the street or shrub beds. Cuttings in the turf area are to remain (grasscycling) unless otherwise directed by City representative. Wet soppy areas shall not be mowed until sufficiently dry to accommodate safe mowing. Problems causing soppy areas shall be corrected within a period of time acceptable to the City's representative. e. Edging All turf and groundcover shall be edged adjacent to all improved surfaces; where no improved surfaces exist, edges shall be maintained if the turf or groundcover area abuts a shrub bed or property line or any other are where delineation is required by the City's Representative. Edging is to be completed as specified in the Service Level/Fee Schedule and shall include all fixtures (e.g., fire hydrants, manhole covers, meter boxes, valve boxes, quick couplers, valves). All edging must have a clean cut with the cut perpendicular to the hard surface and not removed from it. Chemical edging is unacceptable. F. Pruning -Shrubs, Vines and Groundcover Plants 1. Prune shrubs and vines as required to maintain health and safety, as well as for general containment and appearance. 2. All pruning cuts shall be made to lateral branches or buds or flush with the trunk. "Stubbing" will not be permitted. 3. Pruning shall be accomplished by removing woody stems from inside shrubs and vines at least twice a year. Topping of shrubs shall be done only after interior selective branch pruning has been completed. May 4, 2021, Item #5123 of 190 4. Remove no more than fifty percent (50%) of a plant's foliage during pruning operations. 5. Plant material is to be trimmed back from controller units, pump enclosures, valve boxes, quick couplers, backflows preventers, and water meters. 6. Remove dead flower stalks or spent blossoms to present a neat, clean appearance. 7. Ground cover beds shall be maintained within their intended bounds and shall not be permitted to encroach within four inches into lawns, shrub beds, sidewalks, or adjacent areas, or in any manner deemed undesirable by the City's representative. 8. Shrub areas not planted with ground cover shall be raked once per month to remove debris. 9. Check espaliered vines and maintain properly. Nails shall not be used in masonry walls. Secure vines with appropriate ties to promote directional growth. Vines shall be maintained to promote vigorous and healthy growth in accordance with best horticultural standards. 10. Trim vines to top of any wall and/or fence. 11. Trim shrubs to within 3' of any wall and/or fence line and 12" from the base of the tree. G. Fertilization 1. Should the soil analysis show the City recommended applications inadequate, or too strong, the Contractor shall provide documentation and recommendation for another commercial fertilizer. 2. The Contractor shall submit, in writing, a fertilization program stating when the contractor will be performing the work; detailing areas, the quantities to be applied, and dates, and approximate times of application. Submission of the fertilizer schedule does not release the Contractor from any of the other obligations described in this paragraph, or in the following paragraph. The Contractor shall inform the City's representative at least forty-eight (48) hours before beginning any fertilization after the City's representative has approved a previously submitted application schedule. 3. The fertilizer shall be delivered to the site in the original unopened containers bearing the manufacturer's guaranteed analysis. May 4, 2021, Item #5124 of 190 Damaged packages will not be accepted. The Contractor shall furnish the City's representative with duplicate signed, legible copies of all certificates and invoices for all fertilizer to be used in the execution of this Contract. The invoices must state the grade, amount, and quantity received. Both the copy to be retained by the City and the Contractor's copy must be signed by the City's representative, on site, before any material may be used. The Contractor shall comply with the obligations in the above paragraph prior to beginning the actual application. 4. Fertilizers shall be applied to shrubs, ground cover, and small trees (3" caliper and smaller) at the rates and times specified or as directed by the City's representative. Adequate irrigation will immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface. 5. When applying granulated fertilizer, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone spreader which tends to throw material onto paved areas. The use of gravity flow spreaders will keep materials contained in planting areas, eliminating/reducing sidewalk stains. 6. The fertilizing schedule may need to be modified due to climatic conditions. If possible, avoid application of fertilizers prior to forecasted windy weather, heavy rain, etc., which might affect stability. After fertilizer application, monitor watering schedule to eliminate runoff leaching of fertilizer materials. 7. Supplemental fertilization shall be required to correct serious deficiencies. Liquid fertilizers shall be applied to trees and shrubs when these require supplemental feeding. H. Pest Control 1. The Contractor shall provide a complete, continuous, and integrated pest management program for eradicating all plant pests and diseases, including weeds, snails, giant whitefly, Aphids, spider mites, Pine beetles, California psyllid, Scale and Longhorn borer, ground squirrels, rats, gophers, rabbits, skunks, possums and all other pests. All gopher mounds shall be brought back to grade when the area has been treated. Excessive soil or rocks may require removal. The Contractor shall comply with all City, County, State, and Federal regulations and laws. The Contractor shall be responsible for pest control of trees up to 15 feet. Trees greater than 15 feet shall be regularly inspected, and any suspicious disease shall May 4, 2021, Item #5125 of 190 be reported to the City's Agent. 2. Weed control includes spraying to kill annual weed grasses in turf areas such as prickle oxtail, thistle, sporobolus wire grass, horsetail grass, etc. 3. Areas shall be inspected regularly for signs of diseases and pests. The Contractor is responsible for applying the appropriate remedy at the recommended amounts. The name of the product applied and the treatment shall be entered on the Maintenance Schedule and coordinated with the City's Representative. Safety Data Sheets (SOS) of any chemicals used by the Contractor shall be provided by the Contractor to field crews and the City. 4. Before such applications are made, the plant materials should be well established and in a vigorous condition. Weeds shall be controlled before they have a chance to propagate. 5. The Contractor shall assume all liability and responsibility for the use of all pesticides and herbicides. i. Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the treatment area. Application methods shall be used which ensure that materials are confined to the treatment area. Spray tanks containing leftover materials shall not be drained on the site to prevent any contamination. Disposal of pesticides shall comply with the guidelines established by the California Food and Agricultural Code. ii. Spray equipment shall be in good operating condition, of high quality, and designed to efficiently apply materials to the treatment area. Pesticide drift will be minimized by avoiding high pressure applications and using water soluble drift agents. iii. Pesticides shall be used only upon the recommendation and supervision of a State of California Licensed Pesticide Advisor. iv. Copies of all Pesticide Use Reports, Restrictively Materials Permit, and any other documentation provided to the State of California or the County of San Diego shall be provided to the City's representative. I. Brow Ditch Cleaning 1. The Contractor is responsible for checking surface drainage systems, such as concrete lined swales, creek beds, drains, and catch basins to assure proper functioning. The Contractor shall remove debris, May 4, 2021, Item #5126 of 190 including soil, weeds and litter that may restrict proper flows within the channel or at the inlet. J. Sweep Paved Areas 1. Pedestrian access walkways next to turf areas and curblines shall be swept as specified in the Service Levels. 2. All sidewalks and other paved surfaces shall be maintained at all times in a manner that shall provide safe, un-obstructive public use/access. The Contractor shall remove stones, glass, paper, leaves, twigs and all other debris from paved areas. 3. All concrete walks will be kept clean and free of dirt debris, hazards, and weeds. K. Turf Aerification 1. All turf areas shall be aerified annually by core removal to a depth of two inches when required under the Service Level per Location table. A schedule of aerification equipment to be used shall be submitted to the City's representative ten (10) days prior to commencing aerification. L. Tree Pruning 1. Trees shall be pruned for safety and appearance, in a manner which will encourage healthy growth and good form. Pruning shall be done by skilled pruning personnel using proper horticultural practices, following Class II National Arborist Association Pruning Standards for Shade Trees and the Poway Municipal Code, Chapter 12.32 -Urban Forestry. 2. The primary pruning of deciduous trees shall be done during the dormant season. Damaged trees, or those that constitute health or safety hazards, shall be pruned any time of the year as required. 3. All pruning cuts shall be made to lateral branches, or buds, or flush with the trunk. "Topping" and "Stubbing" will not be permitted. 4. All tree pruning shall be accomplished on an Orchard ladder. If trees are too large to be pruned in such a manner, the condition will be reported to the City's representative. 5. All trees shall be pruned to allow eight foot (8') clearances for pedestrians, twelve foot (12') clearances above the curb/gutter, and ten foot (1 O') clearance above roadway and trails. May 4, 2021, Item #5M. 6. Trees shall be pruned during the dormant season only (November 15th to February 15th) to reduce pruning shock, allow sufficient recovery time for maximum summer shade, and lessen possibility of insect infestation. 7. Tree stakes, ties, and guys shall be checked monthly and corrected as needed. Ties shall be adjusted to prevent girdling. Broken stakes or guy wires shall be replaced. Stakes, ties, and guys shall be removed as needed. 8. All restaking shall be done with two inch by ten foot (2" x 1 O') ledge pole stakes treated with copper naphthanate and pointed at one end. Adjust length to fit tree. Tree supports shall be corded rubber straps; nailed to sides of stake with one inch (1 ") roofing nail. 9. For trees, consider removal of the existing stakes and guys when the trees attain a trunk caliper of four inches (4"). If unstable at this time, replacement shall be decided by the City's representative. Pet Waste Stations and Trash Cans Restock bags. Remove any discarded litter in the vicinity of the station or trash can. Pet waste stations are located in Landscape Maintenance District 86-2B, Sycamore Creek (3 pet waste stations). Note: Trash cans are located at the Poway Center for the Performing Arts (PCPA) (7 trash cans and 1 recycling can empty twice a week), Veterans Park (1 trash and 1 recycling can empty once a week), Lake Poway Road Lower Parking Lot (1 trash can empty once a month) and the Library (6 trash cans and 1 recycling can empty three times a week). Trash can and pet waste bags will be supplied by proposer and cost should be included in the specific fee schedule associated with the area. Corrective Maintenance and Supplemental Construction Any emergency irrigation repairs, caused by conditions under which the Contractor does not have direct control and that are determined to be a concern with public health and safety shall be deemed or construed as "Extra Work." Extra work requiring significant modifications to a work site will require a proposal to be submitted by the Contractor based on the prices quoted within this section and must adhere to the latest, adopted versions of the Standard Specifications for Public Works Construction, and the City's Supplemental Engineering Standards and Landscape and Irrigation Design Manual. Reservoirs and Pump Stations The Contractor awarded the Contract is to become familiar with proper ingress and egress of these sites. These are secured locked sites. 127 of 190 May 4, 2021, Item #5SERVICE LEVELS PER LOCATION The following table is being provided for bidding purposes. Each facility or area of maintenance has both an A and B level of service. This is the number of times per year for the service. Please use these sheets when completing your proposals. Please refer to Section V, Technical Specifications, Item 5, Methods of Performing Work, for details on the work/tasks. PUMP STATIONS AND RESERVOIRS (Bid Item C) Work/Task Level A LevelB Irrigation Inspection, Operation & 52 52 A. Maintenance B. Litter Control 4 2 4 2 C. Weed Control D. Mowing E. Edging 12 6 4 2 F. Pruning G. Fertilization 4 2 H. Pest Control 4 2 I. Brow Ditch Cleaning 2 1 J. Sweep Paved Areas 24 12 K. Turf Aerification L. Tree Pruning (lower branch) 4 2 M. Pet Waste Stations & Trash Cans Note: 1. Locations R3, R4, RB, R13, R14, R15, R16, R18, R19, PS 04 & PS 06 are to receive Level A service, while all other locations are to receive Level B service unless instructed otherwise. 128 of 190 May 4, 2021, Item #5ATTACHMENT 2 Reservoirs and Pump Stations: Service Level A FEE PROPOSALS Completely fill out each section under Hourly Fee Schedule and for each bid item, A through E, that is being proposed. Regardless of which combination of bid items Contractor is proposing, the table below must also be completed. HOURLY FEE SCHEDULE Corrective Maintenance and Supplemental Construction Reg. Time 0/T 1.5 0/T 2 All Proposals Certified Irrigation Technician $ 9tJ. (?O $ 135.,. $ 130. --Irrigation Technician $ 60. "" $ frJ.·(} $ IZ0.0' Crew Leader 1 Certified $ 50, ~", $ 75.-~ $ IM_ • ., Crew Leader II (not certified) $ 4f oO $ 67. so $ 'f CJ. OIi Gardener $ 35. --$ f,/Z, so $ 70. OIi [Remainder of Page Left Blank Intentionally] 129 of 190 May 4, 2021, Item #5FEE SCHEDULE Pump Stations and Reservoirs *All r I' mes must 1st a price for this bid item proposal to be considered Site Pump Sq. Ft. of Area Service Service Level A LevelB R1 No 25,520 $ 1,350. "0 $ &'8a"o R2 No 14,480 $ , qoo. 4t? $ '5>?5. #0 R3&R4 Yes 9,430 $ 2 030.'° $ /,3 20. -· . RS, R6 & R7 No 15,430 $ '1~"-$ 51{5.'o R8 Yes 11,030 $ 2450."0 $ l.5'10. ,_ LS-03 No 19,250 $ '1«J.,., $ 535.00 R9 No 14,300 $ 9a, . .-$ s~5-•e> PS-04 No 3,340 $ Z 030.-, $ 1,'32~ -~ PS-10 No 8,230 $ 5tx:?o• $ 325.'0 PS-07 No 630 $ /S-t:>:~ $ /35_"" R10 No 11,610 $ /1 t)OO, O(; $ 65tJ.-PS-11, PS-12, R11 & R12 No 18,290 $ 1,wo•~ $ 780 . .., PS-14 No 3,510 $ '500,-$ 3z,s: •• PS-15 No 2,520 $ 500#~ $ 3z5_•0 R18 & R19 Yes 14,960 $ Z,450:0 $ l51tJ,•• LS-OS No 6,450 $ ·s~--$ 32-S."' R13 Yes 5,050 $2.5tJo:· $ 13z5#•· PS-06 No 6,580 . ,o $ Z,2_00, $ /,6cO,.o PS-05 , S'oa·0 3zs,·" No 2,920 $ $ LS-01 No 1,670 $ 500 .. "· $ ~i,5,-R14 Yes 4,280 $ 2, f«J, 00 $ ii85:0 R15 & R16 Yes 4,350 $ i, t:/tJO .. oo $ 1,'iis.'° PS-09 & R17 No 59,580 $ -~ooo_•-$ /J '?50."0 PS-08 No 12,680 $ "I (JO.,. 00 $ 5'85,tlC) TOTAL $ 31 q "'7. "· Z./ 785. oo $ (. . As needed services will be paid by the number of hours at the gardener's hourly rate. Company Name: L+BA-1-1A11S UI\JJ>5C.Af>:f:.N6-Date: ____ -s'-¥/-~--./<---.:;...z_.__1 __ _ 7 I Signature: ~~ &_;;z-== Print Name: ~a:r:.s G:r:uesFXIE. Title: _ __,_fkl.lc.wg_::..::5-T::.kb~{Mt;«.Jl:,..!1~----------130 of 190 May 4, 2021, Item #5NON-COLLUSION AFFIDAVIT To the City Council, City of Poway, California: The undersigned in submitting a proposal for performing the following work by Contract, being duly sworn, deposes and says: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with such Contract, for: LANDSCAPE MAINTENANCE SERVICES f"•'"""• • "" • MELENA Cf.RRIL.LQ "1 .: a··-·· COMM. '2268533 ~ . NOTARY PUBLIC. • CALIFORNIA ~ => SAN DIEGO COUNTY ... ~ . ConmSSiOfl ~: NOV 2-1, ~~~J ,•. ••••• .. WW ft ft WW a W W U W U ' Business Name: LA.!>AAtJ > lA:-Nl>SCA-f.£.-VG-Business Address: &'5 G F£$~1? '5r. Et-CA-s-otJ CA 'lto20 , Signature of Proposer: ~r< Place of Residence: V.z=-s rA-C-A.~t=,:,/2.#I.4 Subscribed and sworn before me this ---~--·.··.•.·.· I ff-. ... ! " t ··•~ ... e County of L ..... .-.·.·---~-: __ ----------"--'---+------,State of California My commission expires t'{ G"V ·· 2.Jt :i 2( L.'L (This affidavit shall be executed by the successful Proposer in accordance with instructions in the Federal Requirements, but Proposer may execute the affidavit on this page at the time of submitting proposal.) · 131 of 190 May 4, 2021, Item #5SIGNATURE SHEET Proposer agrees that their proposal shall remain open and not be withdrawn for a period of ninety (90) days from the deadline submittal. Proposer also agrees that if they are the successful bidder he or she will sign and return the Contract Agreement within ten (10) working days after receipt of Notice of Award along with the certificates of insurance and endorsements and other certifications as required under the Contract Documents. Failure to complete all information may render your proposal non-responsive [***Indicate not applicable ("N/ A") where appropriate. ***J Name of Proposer/ Company: 6.Hi:,;.s G~;,r.c. Address: %56 rE.SL,f.12.. 5r, CL Telephone No.: ~) 57'1 -'f IS I Email: State of California C.-A. , Facsimile No.: ( 6 IC:, ) ff/-0811 Contractor's License No. _4'---=-3___.4.___8_8 ______ Classifications(s) CZ 7 -LA-,vosc.,.t.P..t:#6-Expiration Date: f/:Jo /z z.__ Type of Firm (select one): D Individual D Partnership IBcorporation D M/WBE D Incorporated □Traded D Sole Owner D Other Department of Industrial Relations Registration Number: f'w-L(l...-/~()o,~~YB SSN or Federal ID Number: _ __,3___..3'-----=0'--U--=-_C,-=(:>~5-=6 __________ _ Receipt of Addenda: #_A_#~# C # ___ is hereby acknowledged. C6-Initials By signing below, I attest that I am an authorized representative/ agent, that I am authorized by my signature to bind this company contractually and certify under penalty of perjury the accuracy of the representations made on the Bid and related forms. DATE: S/.s~ SIGNATURE:~~~ PRINTED NAME: C'-NZ-~s 6-.r:LL£.-Sl'..r;£. TITLE: 132 of 190 May 4, 2021, Item #5City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of July, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and Steven Smith Landscape, Inc., (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform landscape maintenance services in support of the Public Works Department; and WHEREAS, Contractor is a landscaping Contractor and has represented that Contractor possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the 133 of 190 ATTACHMENT C May 4, 2021, Item #5failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. 134 of 190 May 4, 2021, Item #59. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Contractor" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: [8J 1. Contractor/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor/Contractor will be "making a government decision" or 135 of 190 "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor/Contractor shall be required to file a Statement of May 4, 2021, Item #5Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 14. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 136 of 190 May 4, 2021, Item #515. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. (c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. 137 of 190 May 4, 2021, Item #5(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. Contractor'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. 138 of 190 May 4, 2021, Item #520. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 139 of 190 May 4, 2021, Item #5Contractor 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) 140 of 190 May 4, 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, City Manager Date: -----------ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: By:(JL. 1vf;;/b. Alan Fenstermacher, City Attorney 141 of 190 BrightView Landscape Services, Inc. By:------------Gigi Golden-Smith, Vice President Date: ------------ May 4, 2021, Item #5A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to perform landscape maintenance services as required by City, further described in the Scope of Services submitted with the proposals dated March 25, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated March 25, 2021, which are included in this document as Attachment 2. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing July 1, 2021 and ending June 30, 2023, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal), the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than June 30, 2023. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. D. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: 142 of 190 May 4, 2021, Item #5(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. ( c) Contractor shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: 143 of 190 City of Poway P.O. Box 789 Poway, CA 9207 4 May 4, 2021, Item #5144 of 190 To Contractor: Steven Smith Landscape, Inc. 1916 Commercial St Escondido, CA 92029 (Remainder of page intentionally left blank) May 4, 2021, Item #5EXHIBIT "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) 145 of 190 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with May 4, 2021, Item #5a 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: 146 of 190 (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)F or legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. May 4, 2021, Item #5(g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System 11 who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note--Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (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). 147 of 190 May 4, 2021, Item #51. ATTACHMENT 1 CONTRACTOR RESPONSIBILITIES Duties of Contractor: During the term of this Agreement, the selected contractor shall perform all work as described in the technical specifications and will be responsible for the following: a. Ensuring that all contractor employees are properly trained at no cost to the employees, prior to start of contract and each year thereafter, at such time as new hazards are introduced on the job, or when new employees are added to the roster. b. Providing uniforms including brightly colored traffic vests or reflector to personnel when interacting with vehicular traffic and the washing (and decontamination as necessary) of uniforms. c. Developing personnel policies. d. Providing inspection procedures and periodic inspection of facilities. e. Conforming to all applicable Cal-OSHA, DOT, and EPA regulations, including Cal-OSHA's Hazard Communications Standard. f. Conforming to all other applicable Federal, State, and Local regulations. 2. Contractor Personnel: The City of Poway shall, throughout the life of the contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the selected contractor. If the City of Poway reasonably rejects staff or subcontractors, the selected contractor must provide replacement staff or subcontractors satisfactory to the City of Poway. The day-to-day supervision and control of the selected contractor's employees and subcontractors is the sole responsibility of the selected contractor. 3. Equal Employment Opportunity: The selected contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. Contractor shall take affirmative action to ensure that all employees and applicants for employment shall be treated with equality in all aspects of employment processes -including, but not limited to: hiring, transfer, promotion, training, compensation and termination; regardless of their race, creed, color, sex, national origin, age, or physical handicap. 4. Local Office: The selected contractor shall maintain a local office within the County of San Diego and shall have a competent representative available during the working hours of 7:00 a.m. to 4:00 p.m. to discuss matters pertaining to the contract and who can make authoritative decisions. At all times during the term of this contract, the contractor shall provide the City with a twenty-four (24) hour per day, seven (7) day per week emergency phone or cell phone number. An answering service is not acceptable, except when forwarding oral complaints (which shall be followed by written notice). Within two (2) hours after an emergency call is made requesting the contractor to perform emergency services, the contractor shall be on site to commence the required 148 of 190 May 4, 2021, Item #5service. Failure to respond in such time shall result in a $200.00 penalty for each occurrence. The Contractor shall supply the City designee with names and telephone numbers of responsible persons representing the Contractor for emergency responses. This information shall be kept current at all times. Additionally, an email address or fax number shall be required to receive written notices and authorizations for emergency services. Changes shall be provided to the City in writing within twelve (12) hours of any such change. Failure to maintain this information in a current state may result in $200 penalties for each occurrence. 5. Invoices: The selected contractor shall maintain written records of personnel and their work assignments. These shall include hours worked (time in/time out), facility assignment(s), and any work related accidents, etc. These records shall be made available to the City upon request and must be maintained for not less than five (5) years. Payment may be withheld until all adequate documentation is provided. 6. Quality Control: The selected contractor shall institute and maintain throughout the contract period a properly documented quality control program designed to ensure that the services are provided at all times and in all respects in accordance with the contract. The program shall include providing daily supervision and conducting frequent inspections of the contractor's staff and ensuring that accurate records are maintained describing the disposition of all complaints. The records so created shall be open to inspection by the City of Poway and made available upon request. 7. Quantity and Quality of Materials or Services: All goods or services furnished must meet the specifications prescribed by the City. Materials shall be delivered on site in original unopened containers. Materials are subject to inspection. Materials, which do not meet specifications or equal the quality of the sample provided when applicable, shall be rejected. 8. Repairs: All damages or alterations to City property resulting from the performance of work under these specifications during the term of contract shall be repaired or replaced immediately and in kind, to the satisfaction of the Director of Public Works and at no cost to the City. Repairs, replacements not completed to the satisfaction of the Director shall be deducted from the contract payment to cover costs. [Remainder of Page Left Blank Intentionally] 149 of 190 May 4, 2021, Item #5PURPOSE AND SCOPE OF WORK 1. Purpose: The purpose of this contract is to provide comprehensive landscape maintenance services for City of Poway Landscape Maintenance Districts, Right-Of-Ways, and City facilities. The City proposes to contract with a contractor that is proactive in their work standards and can meet the qualifications set forth in this proposal package. The City of Poway, through its Special Districts Division, administers eight landscape maintenance districts. These districts are funded by assessments collected each year on individual property tax bills. The collection of these assessments and the maintenance of the districts are governed by California Assessment Law (Landscape and Lighting Act of 1972, Section VIII C&D as added by the passage of Proposition 218, and SB 919 "Omnibus Act"). Sites to be maintained under the terms of this Contract are outlined in Appendix B. The specifications, schedules, and information sheets are intended to supplement each other and together constitute a complete set of specifications. Should anything be omitted from the specifications, schedules, and plan drawings, which is necessary to a obtain clear understanding of the work, or should it appear various instructions are in conflict, then the Contractor shall secure written instructions from the Director or his/her agent before proceeding with the work affected. It is understood and agreed the work shall be performed and completed according to the true spirit, meaning, and intent of the contract, specifications, schedules, and information sheets. After executing the Contract, no consideration will be given to any claim of misunderstanding of the documents or alleged unfamiliarity of the site conditions affecting the work. 2. Scope of Work: Complete landscape maintenance of designated areas as specified herein. During and at the end of the maintenance period, all plant material shall be in a healthy, growing condition. 150 of 190 a. The Contractor shall provide all equipment, labor (note: this includes all supervisory and maintenance workers hours), and materials necessary to maintain the areas (including irrigation services) designated in the Contract. b. All work shall be performed following the best landscaping maintenance practices, and shall be in keeping with the high aesthetic level of the facilities being maintained. Plants shall be kept in a healthy condition throughout the contract term. The Director of Public Works or their agent will conduct inspections periodically to approve or reject the work performed or the methods and materials used. May 4, 2021, Item #53. Specifications and Plans: a. The work performed shall be done in accordance with the most currently adopted edition of the Standard Specifications for Public Works Construction, hereinafter referred to as Standard Specifications, the City of Poway Supplemental Engineering Standards, and the City of Poway Landscape and Irrigation Design Manual. b. In case of conflict between the Standard Specifications and these Specifications, these Specifications shall take precedence over and be used in lieu of such conflicting portions. c. References in these Specifications to the Standard Drawings shall mean the City of Poway Standard Details and/or superseding document thereof. Where the plans or specifications describe portions of work in general terms, but in complete detail, it is understood that the item is to be furnished and installed complete and in place, and workmanship of the first quality is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Contract. 4. Location of Work: At various locations throughout the city limits of Poway, California. 5. Time of Completion: Contractor will perform the services set out in this Contract, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. It is understood that CITY, in entering into this Contract, is relying on Contractor's representations for quality and professional work performed in a timely manner, and Contractor shall perform in accordance with those representations and standards. 6. Accidents and Vandalism, et. al: Any and all accidents and vandalism are to be reported to the City's representative, in writing, within 24 hours of an incident. 7. Additional Repairs: During routine maintenance, the Contractor is expected to watch for and make all necessary repairs, including but not limited to, weed and litter abatement, and dead plant material removal. However, if a situation is observed that requires repair and said repair is a repair which may be billed to the City, approval by the Director or the Director's representative is required prior to beginning those repairs. 8. Additions and Deletions: Any time during the period of the contract or during option year periods, the City reserves the right to add or delete square footage and/or acres to or from the District/city inventory of area to be maintained under the provision of this contract at the cost per square foot and/or per acre, taking into consideration project location, in effect at the time of such action. 151 of 190 May 4, 2021, Item #59. Authority and Duty of the City Representative: a. It is mutually agreed by and between the parties of this contract, that the City representative shall supervise all work included herein "as required" by the Director. b. In order to prevent delays and disputes, and to discourage litigation, it is further agreed by and between the parties of this contract that the City representative shall "as required' by the Director in some instances determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. c. The City representative shall determine all questions in relation to said work and the installation or maintenance thereof, and in all cases decide every question which may arise relative to the execution of this contract by Contractor. d. The City representative's decisions and findings shall be the conditions precedent to the right, of the parties hereto, to arbitration or any action on the contract and to any rights of the Contractor to receive any money under this contract. e. Should the City representative render any decision or give any direction which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the Director, within thirty (30) calendar days, their written objections to the decision or direction so rendered and, by such action, may reserve the right to submit the question so raised to arbitration as herein provided. f. It is the intent of this agreement that there shall be no delay in the execution of the work, and the decision or directions of the City representative, as rendered, shall be promptly carried out. Any claim arising therefore, shall be thereafter adjusted by arbitration as hereinafter provided. 10. Character of Workers. The Contractor shall employ only workers who are competent to perform the work assigned to them, and in the case of skilled labor, who are adequately trained and experienced in their respective trades and who do satisfactory work. Should the Director notify the Contractor that any person(s) employed by the Contractor is, in the Director's opinion, incompetent, unfaithful, or disorderly, or who uses threatening or abusive language to any person representing the City while on the work site, such person shall be immediately discharged from the work site and shall not be re-employed thereon except with the written consent of the Director. 11. Chemicals, Use of. The Contractor may not use chemicals for any purpose unless they has the proper licenses as stated in Section II, Item 27, Certificates and Licenses. The Contractor shall submit a list of all chemical herbicides, rodenticides, and pesticides proposed for use under this Contract for approval by 152 of 190 May 4, 2021, Item #5the City's representative. Materials included on this list shall be limited to chemicals approved by the State of California, Department of Agriculture, and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendations of a licensed pest control advisor. The use of chemicals shall conform to the current San Diego County Department of Agriculture regulations. No chemical herbicide, rodenticide, or pesticide shall be applied until its use is approved, in writing, by the City's representative as appropriate for the purpose and area proposed. The monthly report required of the Contractor shall include a statement of all applications of herbicides, rodenticides, and pesticides detailing the chemical used, quantity, rate of application, area in which used, and the purpose of the application. 12. City's Right to Do Work: The City reserves the right to do work other than that required by these Specifications within the Contract area. If such work by the City affects the performance of this Contract by Contractor, before undertaking any restorative work, Contractor will be asked to submit an estimate of repair costs. 13. Contractor to Check Schedules and Information Sheets: The contractor shall check all Schedules and Information Sheets given to them by the City representative and shall notify the City representative of any discrepancy or any error or omission which the Contractor may discover in the course of the work. The Contractor will not be allowed to take advantage of any error or omission in the Contract documents, as full instructions will be furnished by the City representative should such error or omission be discovered, and the Contractor shall carry out such instruction as if originally specified. 14. Diligent Performance of Work: If, in the opinion of the City representative, the labor furnished by the Contractor is incompetent, unskilled or unreliable, their equipment inadequate, improper or unsafe, or if the Contractor fails to continuously and diligently execute the work, the City shall, in writing, instruct the Contractor to remove all such causes of complaint and the Contractor shall have five (5) days to comply. Payment shall be withheld until the Contractor has executed all work to the specification standards to the City's satisfaction. 15. Disposal, Recycling, and Grasscycling of Trash, Debris and Greenwaste: a. Contractors are instructed to exclude dump fees and the cost of hauling landscape refuse (green waste) outside the City. If needed, the City as part of the comprehensive recycling program, will provide Contractor(s) with a 40-yard roll-off container at a location within the City for disposal of landscape maintenance green waste. Trash removed from trash receptacles at City facilities that is not green waste shall be disposed of in trash containers on-site or as directed by the City. b. Solid waste: The Contractor shall not allow the work site to become littered with trash and debris and shall maintain the same in a neat and orderly condition throughout the Contract period. This includes any trash or debris left on the site. All disposal of trash and debris is included in the contract 153 of 190 May 4, 2021, Item #5price. The Contractor shall promptly remove all debris generated by Contractor's work. immediately after working in areas of public streets, gutters, driveways, and paved areas, the Contractor shall clean them with suitable equipment. c. Recycling of green waste: The Contractor will recycle all green waste from pruning, trimming, weeding, edging, and other work required in the specifications of this contract. It must be recycled to an appropriate greenwaste recycling location. All trash and debris is to be removed from the greenwaste prior to recycling. Recycling is included in the contract price. d. Grasscycling must be utilized when mowing. Grass clippings to remain in grass unless otherwise directed. 16. Estimated Quantities: The Contractor agrees that the quantities of work as stated in the Contractor's proposal, or indicated in the schedule of information sheets, are only approximate, and that during the progress of work, the City may find it advisable, and the Contractor shall have the right, to omit portions of work and to increase or decrease the quantities. The City reserves the right to add or delete any items as may be deemed necessary or desirable. Under no circumstances or conditions will the Contractor be paid anything on account of anticipated profits for work or any portion thereof covered by this Contract, which is not actually performed, and which has not actually entered into the installation or maintenance of improvements. 17. Excessive Water Usage: In case of Level of 2 or higher water shortage, or a change in local state or federal law(s), the Contractor is responsible for meeting citywide water restrictions as may be determined by the City Council, unless otherwise directed. The City has bi-monthly water quantity figures for all irrigation meters. If the excess water usage cannot be justified, the Contractor will be charged for the excessive use and will be deducted from the monthly payment. 18. Experience: Prior to contract award, the successful proposer(s) for this Contract shall be required to demonstrate to the City of Poway Landscape Maintenance District, or its agent, that landscape maintenance for municipalities or government agencies has been successfully performed in the Southern California area for a minimum of three (3) continuous years of the type involved in this Contract and possesses suitable equipment, staff, and facilities to perform the work. 19. Extra Work: 154 of 190 a. If extra work orders are given in accordance with the provisions of this contract, such work shall be considered a part hereof and subject to each and all of its terms and requirements. b. It is agreed that the Contractor shall perform all extra work under the direction of the City representative, when so ordered by the City May 4, 2021, Item #5155 of 190 representative or City. It is further agreed that the compensation to be paid to the Contractor for performing extra work shall be determined in advance by the City representative, according to one of the following methods: Method A) Method 8) Method C) By agreed unit prices of this contract; or By agreed lump sum; or By agreed unit prices of this Contract, and by agreed lump sum and/or by agreed unit prices for that portion of work which has no agreed unit prices in this Contract. c. Extra work will not be initiated without written authorization from the City or Agent in the form of a work request for such extra work to be performed. The method and/or procedure for said extra work written order shall be as determined by the City representative. d. Extra work may include, but not be limited to: 1) Preventive maintenance performed on irrigation systems or in relation to planted areas (i.e. weed control or pruning) not discussed in the bid specifications. 2) Repairs or replacement due to vandalism or accidents. 3) Remedial landscaping. e. Labor costs shall not exceed the contracted hourly rate in the fee schedule or in future contract amendments adjusted for CPI. f. Material cost shall be the actual cost plus ten (10) percent for handling of materials purchased by the Contractor and used for the extra work, including sales taxes, freight and delivery charges on an as-needed basis. Receipts will be reviewed by the City Representative. g. Equipment rental shall include reasonable rental time machinery or equipment is required, plus reasonable move-in and/or move-out charges. All equipment shall be in good working order and be suitable for its purposes. h. GraffitiNandalism. CONTRACTOR shall document and report to City all observations of: graffiti and other vandalism; illegal activities; transient camps; missing or damaged equipment or signs; hazards or potential hazards, including without limitation, sidewalk hazards caused by trees or other means, within 2 hours of observation. Graffiti shall be addressed by the Contractor within twenty four (24) hours of notice or observation. The Contractor shall notify the Contract Inspector of graffiti. i. The Contractor may charge extra for labor and materials to remove or eradicate graffiti provided the City's representative has approved the May 4, 2021, Item #5method to be used by the Contractor. Graffiti shall be eradicated by the Contractor within one (1) day of notice or observation. The Contractor shall notify the City's representative by submitting an incident report and receive a work order for this extra work prior to removing the graffiti. j. Exclusion From Extra Work. The Contractor may be requested to perform special tasks that are above their normal scheduled work, i.e., pruning for an aesthetic view problem. It is intended that the Specifications are indicative of the work to be anticipated but the Contractor will allow for additional work at no additional cost to the City that are considered normal maintenance to meet the objectives and criteria. Work performed without prior written approval will not be reimbursed. 17. Hazardous Conditions: The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from their operations. Any hazardous conditions noted by the Contractor, which are not a result of theiir operations, shall immediately be reported to the Special Districts Office (858) 668-4708 or the main Public Works line (858) 668-4700. 18. Holidays: The Contractor shall provide a list of those holidays recognized by the Contractor. Designated City holidays include: New Year's Day (January 1 ), Martin Luther King's Day (3rd Monday in January), Washington's Birthday (3rd Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (1st Monday in September), Veteran's Day (November 11 ), Thanksgiving and the day after (4th Thursday and Friday in November), and Christmas Day (December 25). The City's holiday list shall take precedence above the Contractor's. Additional days requested by the Contractor shall be made up as a part of this Contract. City offices are closed every other Friday. Any changes or additions to the holiday list will be provided as soon as they are known. 19. Key Personnel: The contractor is to provide an organizational chart [or list] indicating job descriptions of key personnel [i.e., accounts payable/receivable] for contact purposes. 20. Losses from Natural Causes: All loss or damage arising out of the nature of the work to be done, or from the action of irrigation floods, overflows, or ground water, or from unusual obstructions or difficulties, or any other circumstance either known or unforeseen which may be encountered in the execution of said work shall be sustained and borne by the Contractor at the Contractor's own expense. 21 . Method of Payment/ Monthly Reports: a. The Contractor will be paid monthly, in arrears, for work performed satisfactorily under this Contract. Payment for maintenance of sites listed in this specification as being planned for construction some time during the life of the Contract will not start or be made until after the Director advises the Contractor in writing that the Contractor is authorized to commence 156 of 190 May 4, 2021, Item #5maintenance. b. By the first of each month, the Contractor shall submit a detailed report of maintenance performed and materials used in the prior month. This monthly report shall include before and after photos of the pump station and reservoir locations. A Monthly Pesticide Use Report shall also be submitted (but shall not take the place of the Pesticide Use Report required by the County of San Diego). 22. Methods of Operation: a. The Contractor shall give to the City's Representative full information in advance as to the Contractor's plans for carrying on any part or the work (i.e., Bi-Weekly Maintenance and Irrigation Schedules). b. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of the Contractor's personnel, equipment, and methods. c. The approval by the City of any plan or method of work proposed by the Contractor shall not relieve the Contractor of any responsibility thereof, and such approval shall not be considered as an assumption by the City, or any officer, agent, or employee thereof, of any kind of liability, and the Contractor shall have no claim under this contract on account of failure of inefficiency of any plan or method so approved. Such approval shall be considered and shall mean that the City has no objection to the Contractor's use or adoption, at the Contractor's own risk and responsibility, of the plan or method so proposed by the Contractor. 23. Modifications and Alterations: a. In executing the contract agreement, the Contractor agrees that the City shall have the right to make such modifications, changes, and alterations, as the City may see fit, in the work agreed to be done or any part thereof, or in the materials to be used therein, either before or after the beginning of installation work thereof, without affecting the validity of the contract. b. Where any modification, change, or alteration increases the quantity of work to be performed, and is within the scope of a fair interpretation thereof, such increases shall be paid for according to the quantity of work actually done according to unit prices. c. Modifications and alterations which reduce the quantity of work to be done shall not constitute a claim for damages or for anticipated profits on work involved in such reduction. d. All orders for modifications, changes, or alterations in the work as herein provided shall be in writing by the Director or the City representative. 157 of 190 May 4, 2021, Item #524. Monthly Contractor's Meetings: Meetings will be held the first Tuesday of each month at a designated time between all contractors and City staff (i.e., Public Works Supervisor and Contract Specialist/inspector. The purpose of these meetings is to discuss pertinent matters related to contracts and receive monthly billings. Upon request, the Contractor or their representative shall walk maintenance areas with the City representative or the Maintenance Supervisor and/or Inspector for the purpose of determining compliance with the Specifications or to discuss required work. The Contractor shall submit, at this meeting, a detailed report of the work performed, materials used during the past month, work to be performed in the current month, and additional reports as applicable as detailed in Section IV, Item 23. 25. Non-performance/Non-compliance: a. If the City determines that Contractor has not fulfilled the Contract according to the Specifications, those discrepancies and deficiencies in the work that remain uncorrected will justify a billing adjustment in the month following the occurrence. Sufficient notice by issuance of a written work order shall be given the contractor to correct any discrepancies and deficiencies within five (5) working days. b. When Contractor's negligence results in excessive use or waste of irrigation water, the estimated cost of this water shall be deducted from the contract payment. c. If the Contractor is terminated for non-performance, the City may contract out the remaining work at the Contractor's expense. d. If it is determined that the Contractor has not performed the work satisfactorily under the provision of this Contract, a non-credit status may be enforced during this period of "non-compliance". This prorate shall be based on the total yearly amount for labor divided by the working days available. If a non-credit status is imposed due to the Contractor's non-performance or non-compliance to the specifications and requirements of the Contract, it is agreed that the City will withhold payment of any invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this Contract. 26. Notice Requirements: a. b. 158 of 190 General: Notice shall be deemed to have been given by either party by posting of a certified, registered, or couriered letter, or the sending of a telegram, to the business address of the other party. Non-performance/Non-compliance: 1) Work orders shall be written which shall serve as first notice of any discrepancies and/or deficiencies. This notice shall state a reasonable May 4, 2021, Item #5time in which the contractor is to make any necessary corrections, or request the Contractor to provide a reasonable (as determined by the City) schedule of work. Should an emergency arise, the contractor is to respond immediately per Section II, item 4. 2) Should the contractor fail to meet the time limit set forth in the Work Order issued for a non-emergency, the contractor shall receive, in writing by facsimile and/or by certified mail, a second notice. The second notice puts the contractor in violation, and a specific date shall be given for compliance. 3) Should the Contractor not pursue corrective measures after the specific date has expired on the second notice, the City shall have the right to: a. Perform or hire another contractor to perform the work which shall be reimbursable by the Contractor, at cost plus a fifteen (15) percent administrative fee; or b. Issue a third and final work order with a "final" date and time. The Contractor is required to meet with City staff and review the discrepancies/deficiencies. No fourth work orders will be issued under any circumstances. c. Failure to Comply. Should it be necessary for the City to take action against the Contractor for non-performance and/or noncompliance of these specifications, i.e., Contract, the City shall: 1) Issue a Notice of Cause to the Contractor (either in person, by certified or registered mail, or by private courier) that will serve as a claim against the Contractor. 2) Should it be necessary, a Notice of Termination shall be given to the Contractor should the Contractor be found in breach of contract and non-compliance with the above. The Contractor shall be held responsible for any costs(s) that remain to re-assign the work to another Contractor. 27. Payment: The Contractor shall present monthly invoices for the contracted monthly amount. Included in the billing shall be: a. A maintenance chart showing all the work functions accomplished during the month for which the billing is submitted (e.g., fertilization, pest control, etc.). b. Included with the billing statement, the Contractor is to provide the City with a maintenance schedule for the next month of service. c. Reimbursement for replacement of parts shall be made upon verifications that old parts have been labeled and submitted to the City Representative weekly inspections. 159 of 190 May 4, 2021, Item #5d. Payments will be made monthly after verification of completion of the work by the City Representative. All Contractor and vendor invoices must accompany billing to show proof of expenditures before the City makes payment. Failure to present invoices may cause delay in payments. e. All work that is outside the basic Contract price and is to be covered by contingency funds must be negotiated before the work is accomplished. f. Monthly invoices are to be sent to: Landscape Maintenance Districts Public Works Department City of Poway P.O. Box 789 Poway, CA 92074-0789 INVOICES EXCEEDING THREE MONTHS FROM MONTH END FOR WHICH WORK WAS PERFORMED WILL ONLY BE PAID AT THE DISCRETION OF THE DIRECTOR OF PUBLIC WORKS. 28. Payments Withheld: The City may withhold payment as necessary to protect the City from loss due to: a. Work required in the Specifications that is defective, incomplete or not performed. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of Contractor to make payments to subcontractors or for materials or labor. d. A reasonable doubt that the Contract can be completed for the balance then unpaid. 29. Payroll Records: The City retains the right to examine the Contractor's payroll records and to consult with the Contractor's employees to determine if legal wage rates are being paid. These records must be available within the City limits of the City of Poway. 30. Personnel: Contractor shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. The number of employees assigned to this contract shall be approved by the City prior to the start of the contract and listed on the Contractor's information form under the Section VII, Forms. The City reserves the right to interview the contractor's assigned staff at any time for the purpose of assuring the City that the employee has the proper technical skills and understands the expectations of working in a municipal setting. Contractor's employees, whether assigned to any one facility or as part of a crew serving any number of facilities, shall include at least one individual who speaks 160 of 190 May 4, 2021, Item #5and writes the English language proficiently and has a cell phone with an active e-mail account. City may, at any time, give Contractor written notice to the effect that the conduct or action of a designated employee of the Contractor is, in the reasonable belief of the City, detrimental to the interest of the public patronizing the premises. Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter and Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of Contractor's employees will not be detrimental to the interest of the public patronizing the premises. Contractor is required to establish an identification system for personnel assigned to the facility which clearly indicates, to the public, the name of the Contractor responsible for the landscape maintenance services. The identification system shall be furnished at the Contractor's expense and will include appropriate uniforms and/or name badges as specified by the City. Sufficient changes shall be provided to present a neat and clean appearance of the landscape personnel at all times. Contractor shall maintain full staffing levels during inclement weather to deal will all weather related work, such as, but not limited to keeping all drainage structures (brow ditches) clear and in operating condition. The contractor may request a manpower reduction during inclement weather and accumulate hours of work owed back to the city at the contract rate if approved by the city. Or the reduction of manpower can be deducted from the monthly maintenance invoice. All manpower reduction requests must be in writing from the contractor and if the contractor reduces manpower at any time that is not authorized by the city, the city may deduct money from the monthly maintenance invoice at the contracted hourly rate. 31. Personnel, Supervision: a. The Contractor shall furnish sufficient supervisory and working personnel to promptly accomplish, to the satisfaction of the Director or their agents, and on schedule, all work required under this Contract during the regular and prescribed hours. The Contractor and their employees shall conduct themselves in a proper and efficient manner at all times and shall be suitably attired. The Director may require the Contractor to remove from the job site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment may be considered contrary to the best interests of the City. b. The Contractor shall furnish a competent supervisor on the job at all times who is capable of discussing matters pertaining to this Contract with the Director of Public Works or their agents. They shall have a minimum of four (4) year's experience in landscape maintenance supervision. 161 of 190 May 4, 2021, Item #5c. The Contractor or their staff should have expertise and experience in turf management, entomology, pest control, soils, fertilizer, plant identification and irrigation systems maintenance, and be able to display competence in these areas to the Director or their agents. 32. Proiect Inspections: a. The City representative and the Contractor's supervisor will meet on the site on a weekly basis, to inspect the project and determine compliance with the Specifications or to discuss required work. The supervisor's time is inclusive of the contracted price. b. Inspection Reports for each area surveyed shall be prepared by the City representative and given to the Contractor's supervisor. These reports shall note the inadequacies, discrepancies, and/or deficiencies of an area. (See Item 28 of this Section, Notice Requirements. 33. Protection of Existing Facilities and Structures: a. The Contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities both above surface and underground on the District's or City's property. Any damage to said property deemed to be caused by the Contractor's neglect shall be corrected or paid for by the Contractor at no cost to the City. This will include loss of plant material due to improper care. b. If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to contact the various utility companies to verify and locate any underground systems or utility lines. The Contractor shall take responsibility for exercising caution when working in these areas. If the Contractor damages utilities, they will be responsible for making the necessary repairs at their own expense. The Contractor will notify the City within one (1) hour of any damage that occurs. c. The Contractor shall provide barriers, which are to be kept in place at all times, to protect persons other than those engaged on or about the work from any accident. The Contractor will be held responsible for all accidents to persons or property through any negligence of the Contractor or the Contractor's employees. d. The Contractor shall agree to, and shall, hold the City, its elective and appointive boards, officers, agents, volunteers, and employees, harmless from any liability for damage or claims for damage which may arise from the Contractor's operations under this contract agreement, whether such operations be by the Contractor or any Subcontractor, or by any one or more persons directly or indirectly employed by, or acting as agent for, the Contractor or any Subcontractor or its elective and appointive boards, officers, agents, volunteers, and employees from any suits or actions at law 162 of 190 May 4, 2021, Item #5or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations. e. The Contractor shall give reasonable notice to the owner(s) of public or private property and utilities when such property is liable to injury or damage through the performance of the work, and shall make all necessary arrangements with such owner(s) relative to the removal and replacement or protection of such property or utilities. 34. Protection of Property During Inclement Weather: During storms, the Contractor will provide supervisory inspection of the project during regular hours to prevent or minimize possible damage from inclement weather. The Contractor shall submit a report [attached to site map] identifying any storm damage to the City identifying location of damage and cost estimates. It is the Contractor's responsibility for removing branches and leaves downed by high winds or other typical or non-typical environment condition is as follows: a. Contractor must remove, at no additional cost, all debris on contracted property regardless of disposition of affected tree, shrub, or any other landscape related item, within 48 hours of notification or self-discovery. b. Leaves or other landscape debris which accumulates in street gutters adjacent to Contractor's area of work, shall be removed by Contractor at no additional charge to City. c. Debris inhibiting proper flow of water in v-ditches and other structures shall be removed as needed to prevent flooding or damage to property. Damage caused by or increased cost incurred by the City as a result of Contractor not maintaining site in satisfactory condition prior to inclement weather, will be charged to the Contractor. If additional work beyond this Contract, it shall be paid for as extra. 35. Provision for Emergencies: a. Whenever, in the opinion of the City representative, the Contractor has not taken sufficient precaution for the safety of the public or the protection of the work to be done under this Contract, or of adjacent structures or property which may be injured by processes of maintenance, on account of such neglect an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal, or property interests, then the City representative, with or without notice to the Contractor, may provide suitable protection to the said interest by causing such work to be done and material to be furnished and placed as the City representative may consider necessary and adequate. The cost and expense of such work and material so furnished shall be borne by the Contractor, and, if the same shall not be paid on presentation of the bills therefore, such costs shall be deducted from any amounts due or to become due the Contractor. The performance of such emergency work under the 163 of 190 May 4, 2021, Item #5direction of the City representative shall in no way relieve the Contractor of responsibility for damages which may occur during or after such precaution has been duly taken by the City representative. b. The Contractor shall not be entitled to any damages or extra pay on account of any postponement, interference, or delay caused by any such structures and facilities within the work area whether they are shown on the plans or not. 36. Record Drawings: A set of record drawings of irrigation systems, where available, may be obtained by the Contractor in electronic format upon request to the Special Districts Division at a cost for duplication. 37. Relations with Other Contractors. a. The Contractor shall cooperate with all other contractors who may be performing work on behalf of the District or City and workers who may be employed by the District or City on any work in the vicinity of the work to be done under this contract. The conduct of the Contractor's operations shall interfere to the least possible extent with the work of such contractors or workers. b. Any difference or conflict that may arise between the Contractor and other contractors, or between the Contractor and District or City workers, in regard to their work, shall be adjusted and determined by the Director or their Agent. c. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or contractors, the Contractor shall have no claim against the District or City on that account other than for an extension of time. 38. Repairs: a. All portions of existing structure or facilities, including irrigation systems, which are damaged or altered in any way, as a result of the performance of work under these Specifications during the term of the Contract, shall be repaired or replaced in kind and in an approved manner. All work of this kind shall be performed by the Contractor at no cost to the City, and shall be as indicated by the City's Representative. Repairs to facilities shall be made immediately after damage or alteration occurs, unless otherwise instructed. A comprehensive testing and check of all irrigation systems shall be made approximately thirty (30) days prior to the end of the Contract and any repairs deemed the responsibility of the Contractor shall be made by the Contractor prior to the end of the Contract. If repairs are not made by the Contractor to the satisfaction of the City's representative, deductions shall be made from the Contract payment in the amount to cover the cost to eliminate the discrepancies, as determined by the Director. 164 of 190 May 4, 2021, Item #5b. All portions of existing structures or facilities, including irrigation systems, which are damaged or altered by vandalism, theft, or disappearance shall, as indicated by the City's representative, be repaired or replaced in kind and in an approved manner. All work of this kind shall be performed by the Contractor. Authorization from the City's representative must be obtained before repairs to the facilities are made unless otherwise directed. c. Any replacement must conform to the type and kind of existing system. Any deviation must be approved in writing by the City's representative. d. A written Incident Report for damages exceeding twenty-five dollars ($25.00) shall be submitted by the Contractor for all occurrences of vandalism, theft, damage, or disappearance detailing the quantity, size and location, within forty-eight (48) hours after the occurrence. Contractor's failure to meet this requirement will result in Contractor's responsibility for total repair costs. Reports shall be filed for all damages occurring on the site. However, the City will not be liable for minor damages of less than twenty-five dollars ($25.00). These costs will be the responsibility of the Contractor. e. Old parts, as they are replaced, shall be labeled and turned in to the City representative at the time of weekly inspections to validate billings for reimbursement. 39. Reports, Records and Schedules: CONTRACTOR shall prepare and submit to CITY a monthly project report. Said report shall indicate the overall condition of the maintained sites and list specifically any unusual or problem areas or situations. The report shall also include action to be taken by CONTRACTOR to rectify said situation(s) and indicate the anticipated time frame for compliance. a. Pesticide Reports: 165 of 190 1. Records of all pesticides and fertilizers used by CONTRACTOR on City property will be submitted electronically through e-mail on a provided excel spreadsheet, by the first working day of the month to CITY representative. CONTRACTOR is responsible to maintain site and date specific records which shall be retained in accordance with Department of Pesticide Regulations. 2. Records of all operations shall be kept per California Department of Pesticide Regulations. 3. The monthly use reports are due by the 10th of each month and will have the total amount of chemicals, including fertilizers, used on CITY property per CDPR and NPDES requirements. 4. Copies of current Qualified Applicator Licenses/Certificates. and a licensed Pest Control Advisor per the CA Department of Pesticide May 4, 2021, Item #5Regulations. Provide copies of current licenses and certificates. Must be maintained for life of the contract. b. Irrigation Reports: CONTRACTOR shall maintain and submit to CITY the following reports at the prescribed times: 1. Irrigation Tracking Sheet: To be filled out at the time of scheduled testing/repairing and turned in monthly to CITY. 2. Annual Irrigation System Maintenance Record: CONTRACTOR is to provide a spreadsheet listing each system serviced (including recycled water connection/coverage testing) with the date, an itemized list of the service provided and the name and signature of the person(s) that did the work. c. Green Waste Report: This report is due to CITY on a monthly basis with the following information: 1. The area from which the green waste was removed. 2. The weight of the green waste. 3. The name and address of the company that is processing the green waste recycling. 4. Amount of green waste reused in Poway, if any. 5. Amount of green waste reused outside of Poway, if any. d. Additional Reports: Additional reports shall also be submitted as applicable, including but not limited to the following: 166 of 190 1. Suggestions for improving problem areas. As needed or as requested by City. 2. Reports of work planned. Due at meeting with City. 3. Cost information to perform extra work for upgrading specific areas. As needed or requested by City. 4. Weekly Maintenance Schedule(s). i) Contractor shall provide a weekly maintenance schedule to the City. Due at weekly meeting. ii) Notification of change in scheduled work must be received by the May 4, 2021, Item #5City at least twelve (12) hours prior to the scheduled time for the work. iii) Contractor shall adjust their work schedule to compensate for all holidays and inclement weather. 5. Seasonal Irrigation Schedule Form(s). Due at last weekly meeting of the month. 6. Accident Reports. Due within twenty-four (24) hours of accident. 7. Incident Reports. Due within twenty-four (24) hours of incident. 8. Hazard Reports. Due within twenty-four (24) hours of ide ntification/d iscove ry. 9. Irrigation test reports. Due at weekly meeting or at last meeting of the month depending on type of site. 40. Response: The Contractor's supervisor shall be available, by pager, cellular phone, of home phone number, to handle emergencies per Section II, Item 4. If the Contractor cannot be contacted, the City retains the right to complete the necessary emergency action and deduct time and materials from the Contractor's monthly billing. 41. Responsibility of the Contractor: a. The Contractor shall furnish all transportation, tools, equipment, and labor, and be solely responsible for the safe, proper, and lawful installation, maintenance, and use thereof. b. The Contractor shall protect the Contractor's work from damage and all injury to the same. c. The Contractor shall be solely answerable for all damage to the District or property of the District or City, to other contractors or other employees of the District or City, to the neighboring premises, or to any private or personal property, due to improper, illegal, or negligent conduct by himself, or the Contractor's subcontractors, employees, or agents in or about said work, or in the execution of the work covered by this Contract, or any extra work undertaken as herein provided, or to any defect in, or any improper use of machinery, equipment, materials, or materials storage. d. Any plan or method of work suggested by the Director or their representative to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. Neither the City nor its agents will assume any responsibility therefore. 167 of 190 May 4, 2021, Item #542. Responsibility for Work: The Contractor shall be responsible for all damages to people and/or property that occur as a result of the fault or negligence of said Contractor or their employees in connection with the performance of the work. 43. Safety: All work performed under this Contract shall be performed in such a manner as to provide maximum safety to the public and comply with all safety standards required by CAL-OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this Contract. 44. Scheduling of Operations: a. The Contractor shall perform work at such time as to minimize disturbance or interference to resident convenience, pedestrian or vehicle circulation, specifically between the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday. The City is closed on alternate Fridays and no work shall be performed in the City right of ways that require traffic control. Exceptions may be made in mitigating circumstances and permission must be granted through the Director or the City representative. b. Operations that generate excess noise, i.e., running any type of power equipment, will not be allowed before 7:00 a.m., so as not to disturb the residents of the area. c. The Contractor shall keep the City informed of the Contractor's work activity including maintenance work, scheduled maintenance work, and extra work schedules. A two-week work schedule shall be provided to the City by the Contractor indicating planned work activity for the following two weeks by the Contractor. The Contractor shall use Monday as the start day of the workweek for said schedule during the Contract period. The work schedule shall be received by the City on the first Thursday prior to the start of the Contract and every other Thursday thereafter for the term of the Contract. When a holiday falls on a Thursday for which a schedule is to be submitted, the schedule shall be then submitted the day prior to the holiday. The City shall immediately notify the Contractor of any anticipated conflicts with planned work activity provided on said work schedules. d. The Contractor will also furnish a special notification, in writing, a list of exact start dates for fertilization, aerification, renovation, and other infrequent operations. This shall be furnished to the City's representative at least ten (10) working days in advance of performing these operations. 45. Soils and Plant Testing: When required by the City, Contractor test soils and/or plant in selected areas for soil fertility, salt buildup, or pathological organisms. These tests may be billed as an extra by the Contractor and will be used to determine whether additional treatments are required. The proposed testing lab 168 of 190 May 4, 2021, Item #5will be approved by the City. 46. Sound Control: a. The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to this Contract. b. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler and spark arrestor. c. Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be allowed thereof. 47. Subcontractors: No subcontractors will be recognized as such. All persons engaged in the work will be considered as employees of the Contractor; and the Contractor shall be held directly responsible for their work. 48. Substitutions: Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the City's representative. 49. Suggestions to Contractor Adopted at the Contractor's Own Risk: Any plan or method of work suggest by the City Representative, or other representative of the City, to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the City Representative and the City will assume no responsibility therefore. 50. Superintendent of Work: The Contractor shall provide and maintain, continually on the site of the work during its progress, adequate and competent superintendents of all operations for and in connection with the work which is being performed under this contract, either personal or by a duly authorized superintendent or other representative. 51. Supervision and Inspection: a. The City shall be and is hereby authorized to appoint or employ such supervising inspectors, as the City may deem proper, to inspect the materials furnished and the work performed under this contract, and to see the said materials are furnished, and the said work is performed according to specifications, schedules and information sheets. The Contractor shall furnish all reasonable aid and assistance required by the Director, or by the Director's authorized representative, for the proper inspection and examination of the work and all parts thereof. 169 of 190 May 4, 2021, Item #5b. The Contractor shall regard and obey the directions and instructions of the Director, or any properly authorized representative, when the same are consistent with the obligations of this contract and specifications. Should the Contractor object to any order given by any subordinate supervisor, inspector, or City representative, the Contractor may make written appeal to the Director for the Director's decision. c. Such inspection shall not relieve the Contractor from any obligation to perform said work strictly in accordance with the specifications, schedules, and information sheets, or any modifications thereof as herein provided, and work not so installed shall be removed and made good by the Contractor at the Contractor's own expense, and free of all expense to the City, whenever so ordered by the Director, without reference to any previous oversight or error in inspection. 52. Support Information/Quantities: The support information or quantities, such as square footages or acreages, are prepared from the best information available. The purpose of this information is to assist the Proposer, and the City takes no responsibility for complete accuracy. 53. Suspension of Work on Notice: The contractor shall delay or suspend the progress of work, or any part thereof, whenever the Contractor shall be so required by written order of the Director or City representative, and for such periods of time as delay or of such suspension of progress of work, or any part thereof, the time for completion of the work so suspended or of work so delayed by such suspension shall be extended for a period equivalent to the time lost by reason of such suspension; but such order of the Director or City representative shall not otherwise modify or invalidate in any way the provisions of this Contract. 54. Titles and Subheadings: The titles or subheadings used in this Contract, the Contract Schedules, Information Sheets, and Specifications are understood to be for convenience of reference only and shall not be taken or considered as being a part thereof, or as having any bearing on the interpretation thereof. 55. Unfavorable Maintenance Conditions: During unfavorable weather, wet ground, or other unsuitable maintenance conditions, the Contractor shall confine the Contractor's operations to work that will not be adversely affected. No portion of the work shall be done under conditions that would adversely affect the quality or the efficiency of the work, unless by special means or precautions approved by the City representative, allowing the Contractor the ability to perform the work in a proper and satisfactory manner. 56. Verbal Statements Not Binding: It is understood and agreed that the written terms and provisions of the Contract Agreement shall supersede all prior verbal statements of any and every official and/or other representative of the City, and such statements shall not be effective or be construed as entering into, or forming a part of, or altering in any way whatsoever, the written Contract Agreement. 170 of 190 May 4, 2021, Item #557. Certified Landscape Technician -Irrigation, and other: The Contractor is required to provide a foreman in possession of certification from California Landscape Contractors Association (CLCA) as a Certified Landscape Technician -Irrigation. The foreman is required to be onsite at all times during the repair, replacement, and installation of irrigation. A copy of the certificate is required prior to the award of contract. The Certified Landscape Technician-Irrigation must have a minimum of six months or 1,000 hours of irrigation-related field experience and have a California Landscape Contractors Association Certified Technician for irrigation or equivalent. The Irrigation Technician minimum requirement is six months or 1,000 hours of irrigation-related field experience. Certified Landscape Technician Crew Leader I -Four years of landscape maintenance repair and experience and possession of a California Landscape Contractors Association Certified Technician or equivalent. The Gardner must have one year of experience in landscape maintenance and repair. [Remainder of Page Left Blank Intentionally] 171 of 190 May 4, 2021, Item #5TECHNICAL SPECIFICATIONS 1. Obiectives: The objectives set forth herein are general results to be achieved by the maintenance methods set forth in Number 5 of this Technical Specification, "Methods of Performing Work." The purpose of these objectives is to allow the Contractor to assist in interpreting the long-range appearance of the landscaped areas and to assure that the design criteria and objectives established by the City are being met. When it is obvious that the methods specified are not adequate to meet the general appearance guidelines, that additional frequencies or special pruning are required, the Contractor shall adjust the schedule accordingly, at no cost to the City. a. The landscape goal for Districts is to visually unify the various land uses and maintain a standard of quality for community appearance. This will protect and enhance real estate values, as well as intensifying the image of the City of Poway as a pleasant and attractive place to live. 1) High visibility areas such as medians, parkway and slope planting adjacent to streets, paths, and sidewalks shall have a well-groomed appearance. "Dead" wood, branches, leaves and flowers should be removed from planters and surrounding areas as soon as noticed by the maintenance personnel. The maintenance personnel should be constantly aware of the overall general appearance of these critical areas. 2) All plant material on the site(s) shall be maintained to guarantee their vigorous and healthy growth according to the best horticultural practices, using proper maintenance techniques, including, but not limited to, irrigation, drainage, pruning/trimming, staking/guying, fertilizer applications, and pest control procedures. 3) The City may require soils and/or plant tests of selected areas for soil fertility, salt buildup, or pathological organisms. These tests, billed as an extra and cost, will be used to determine whether additional treatments are required. The proposed testing lab will be approved by the City. 2. Traffic Control and Maintenance: a. The Contractor shall conform to Section 7-10 of the Standard Specifications for Public Works Construction, 2018 Edition. b. When entering or leaving roadways that carry public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic, whether vehicular or pedestrian. 172 of 190 May 4, 2021, Item #5c. The Contractor shall include in their proposal all costs for the requirements enclosed within this section. Full compensation for signs, barricades, flagmen, and all other things necessary shall be considered as included in the various listed proposal items of work, and no additional allowance will be made therefore. d. Failure or refusal of the Contractor to abide by the restrictions as set forth in this section shall be sufficient cause for stopping the work until the Project Manager determines that the public and occupant safety is assured and occupant convenience is optimized. e. The Contractor must apply for a City Right-of-Way Permit, at no cost. Included with the Right-of-Way Permit, the Contractor must submit the following: 1) Copy of their Certificate of Insurance. 2) Copy of Contractor's license. 3) Traffic control plans for typical streets for maintenance and repairs, and shall be done in accordance with Appendix A of the San Diego Regional Standard Drawing entitled "Traffic Control Plans." The traffic control plans must be approved by the City's Traffic Engineer prior to the approval of the Right-of-Way Permit. Furthermore, the Right-of-Way Permit must be approved prior to start of Contract. f. It is the Contractor's responsibility to call the City's Traffic Engineer prior to submitting their proposal, and to find out what will be required for traffic control and include any requirements in their proposal. No additional compensation will be made. Traffic Engineering staff can be contacted at (858) 668-4640. g. Copies of all City of Poway Engineering Division approved plans are to be kept in the Contractor's "on-site" landscape maintenance vehicles while performing work. A copy of the approved plan is also to be forwarded to the City's Representative. 3. Scope of Work: a. The Contractor shall furnish all labor, equipment, materials, tools, services and special skills to perform the complete landscape maintenance of all contract areas including, but not limited to, irrigation, pruning, shaping, trimming and training of trees, shrubs, and ground cover plants; tree surgery; fertilization; cultivation; weed control; control of all plant disease and pests; sweeping; maintain pathways, irrigation and drainage systems, including natural drainage features on the site; litter pick up; removal of illegal dumps; plant replacement and all other maintenance required to 173 of 190 May 4, 2021, Item #5maintain the areas included in this Contract in a safe, attractive and usable condition, maintaining the plant material in good condition with horticulturally acceptable growth and color in accordance with the Service Level Schedules. b. The Contractor will submit the required Maintenance Schedule Charts (Appendix C) provided by the City for scheduling the maintenance operations including, but not limited to, tree pruning, insecticide and herbicide application, fertilizer types and frequency of application, growth inhibitor application, thatching, mowing and aeration of turf areas. The Contractor will also provide to the City's representative a schedule of each irrigation controller which cites, the station numbers, cycles per day, total time per station per week, and comments. Special notification, in writing, listing exact start date for fertilization, aerification, renovation, and other infrequent operations shall be furnished to the City's representative at least ten (10) working days in advance of performing these operations. 5. Methods of Performing Work: 174 of 190 a. Irrigation Inspection, Operation & Maintenance WATER CONSERVATION Water conservation shall be practiced and City of Poway mandated water restrictions in accordance with Poway Municipal Code Section 8.94. Irrigation shall be done in a manner to minimize run-off or other wastage. Failure to properly manage and conserve water resources may result in deductions or other penalties. Any over use of irrigation that exceeds the City's water budget per each meter may be deducted from the contractors monthly maintenance invoice. The Contractor shall turn off irrigation systems during periods of measurable rainfall and at such (prior and 48 hrs. after rain event) other times when suspension of irrigation is desirable to conserve water and to remain within the guidelines of good horticulturally acceptable landscape maintenance practices, unless otherwise directed by the City. WATERING AND IRRIGATION All landscaped and turf areas shall be irrigated, as required to maintain adequate growth and appearance, with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to: hand watering, operation of manual valves, proper utilization of automatic controllers and valves. CONTRACTOR shall insure that personnel operating irrigation systems are fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use, and fully equipped and capable of performing proper programming and operation of the irrigation systems. May 4, 2021, Item #5175 of 190 CONTRACTOR shall be responsible for performing all specified irrigation tasks including, but not limited to: testing, adjustments, repairs, replacements, and supplemental watering. CONTRACTOR shall notify CITY immediately of any deficiencies in irrigation at these sites. Irrigation controllers shall be programmed by CONTRACTOR, with current schedules provided to CITY monthly, and whenever modifications are performed over subsequent month. Areas not provided with an irrigation system shall be hand watered by CONTRACTOR. This includes situations where the automatic system is inoperable for any reason. CONTRACTOR shall be responsible for providing all equipment, such as hoses, couplers and nozzles to accomplish this task. Watering shall be regulated to avoid interference with any use of roadways, paving or walks, and to be in compliance with CITY'S water conservation ordinance. Irrigation shall be controlled in such a way as not to cause any excessively wet area, which could be damaged by mowing or other traffic. No irrigation shall be done during and 48 hours after periods of measurable rain without prior written approval of CITY. CONTRACTOR shall be responsible for replacing all plant materials that die or are permanently damaged due to excessive or insufficient watering. IRRIGATION MAINTENANCE, REPAIR AND TESTING CITY shall provide, or reimburse CONTRACTOR for irrigation parts, heads, and other irrigation system equipment replacements that exceed $25 per month per site, with CITY'S approval. CONTRACTOR shall provide labor and equipment for maintenance of the irrigation system including repairs and replacements (whether due to damage, malfunction, vandalism, normal wear, or other causes) of all components, including, but not limited to: A. Heads, nozzles, bodies, nipples, elbows, unions, risers B. Lateral and main lines C. Valves (control valves, ball valves, quick-coupler valves, master valves, etc.) D. Pumps and flow sensors E. Automatic controllers and appurtenant devices (ET and rain gauge, antenna and the like) May 4, 2021, Item #5176 of 190 G. Pressure regulators CONTRACTOR shall notify CITY of any damaged, deficient or inoperable irrigation component indicating the location, valve station number, problem, size, and type of irrigation equipment. Repair or replacement of irrigation components by CONTRACTOR shall be completed within two (2) working days of determining damaged or inoperable irrigation component, or sooner to prevent damage to turf or landscaping, or if the repair is otherwise deemed urgent by CITY. Replacements of irrigation equipment shall be with originally specified equipment of the same size and quality or substitutes approved by CITY prior to any installation thereof. Miscellaneous items such as glue, primer, dry splice connectors, Teflon and electrical tape, etc. shall be included in contract price. CONTRACTOR'S Irrigation Technicians shall be fully trained in all phases of landscape irrigation systems and thoroughly familiar with the particular equipment in use. Technicians shall be fully equipped and capable of identifying and isolating problems and performing the proper programming, inspection, testing, repair and maintenance of the irrigation systems. All of CONTRACTOR'S crew members working on irrigation shall be appropriately trained and under the direct supervision of a qualified Irrigation Technician per every three crew members. CONTRACTOR'S Irrigation Technicians shall be fully competent and proficient in programming Calsense irrigation controllers and central command and equipped with Calsense Radio Remote hand-held remote valve actuator. Prior to testing a system, CONTRACTOR shall inspect all irrigated areas; note and mark with a flag marker any dry or stressed areas. During the course of the irrigation test, CONTRACTOR shall determine the cause of the noted deficiency and make needed repairs. CONTRACTOR shall sequence controller(s) to each station to check the function of all facets of the irrigation system. During irrigation testing CONTRACTOR shall: A. Post a visible City approved sign that states "Irrigation Testing in Progress" or similar. B. Adjust all sprinkler heads to provide correct coverage, uniform precipitation, prevention of runoff and erosion, and prevention of excessive overspray onto adjacent areas. C. Check for, and correct all leaks, including pipes, risers, seals, etc. May 4, 2021, Item #5177 of 190 D. Clean, flush, adjust, repair or replace any equipment, head or component that is not functioning to manufacturer's specifications. E. Adjust valves and heads to keep all systems operating at manufacturer's recommended operating pressures. Valve throttling and pressure gauging shall be employed to prevent excessive fogging. F. Check valve boxes and covers. Remove soil and debris from valve boxes. Repair or replace as needed. Replace and secure cover bolts as needed. G. Check for low-head drainage. Clean, repair or replace malfunctioning or missing anti-drain devices including in-head check devices. H. Check and clean irrigation controllers, booster pumps and enclosures for debris. Check for rodent damage and notify City of damage or repairs needed. Any system malfunction, damage, or deficiency not immediately resolved after testing shall be reported, including effected valve station(s) and other pertinent details, to CITY. Said reporting shall be in writing. In addition to weekly testing by CONTRACTOR, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. CONTRACTOR shall be responsible for coordinating with the CITY on annual certification of backflow prevention devices and testing of recycled water connection/coverage. CONTRACTOR shall submit as-built drawings of all modifications to irrigation systems, including, piping, relocation of equipment or sprinkler heads, replacement of heads with another make or model, changes in nozzles and the like. As-built changes shall be complete to the satisfaction of CITY. As-built drawings shall be made neatly and legibly on a blue-line copy of the irrigation drawings supplied by CITY, and shall be submitted within two (2) working days of completion of the work. Frequencies of irrigation testing shall be weekly or more frequently if problems or conditions indicate a need. Irrigation systems shall be operated efficiently to conserve water and maintain healthy plant growth. Application of water should consider soil types, topography, weather conditions, and be tailored to distinct planting areas (hydrozones). Special attention shall be directed to slopes to prevent soil saturation and runoff. Contractor is responsible for replacing plant materials that die because of poor irrigation scheduling. May 4, 2021, Item #5178 of 190 Remote control valves shall not be operated manually unless electrical power is unavailable or temporarily interrupted, except for testing and periodic valve maintenance. Repairs to irrigation systems shall be made in accordance with original contract documents. Contractor shall make required repairs and operate systems as originally intended. Irrigation system repairs caused by conditions over which Contractor has no control shall be performed by others, or paid for by the City provided an incident report is submitted to the City within 48 hours. Repairs under this category shall be -extra work and are noted below: i. Loss due to theft; ii. Storm damage and other natural occurrences; and iii. Damage by vandalism, and accidents caused by other than Contractor and their employees. Contractor shall adjust heights of sprinkler risers to compensate for growth of plant materials. Strainers at backflow preventers shall be flushed out semi-annually as a preventative maintenance measure. The Contractor shall be responsible for maintaining the painted surfaces of irrigation controller cabinets as well as the corresponding identification letter or number and the automatic irrigation numbers on the lids of the automatic control valve boxes. The Contractor shall be responsible for replacing batteries a minimum of twice per year on all battery operated controllers. The batteries shall be labeled with the replacement date. RECYCLED WATER: a. The site supervisor and any other employees that work on or operate irrigation systems that use "recycled water" shall receive instruction from the City's Landscape Staff on recycled water usage and ensure adherence to all storm water requirements. b. All irrigation components that use recycled water, including meters, valves, valve boxes, sprinkler heads, quick couplers, filters and gate valves shall be inspected during normal irrigation checks and reported in the monthly irrigation reports that are submitted with the monthly maintenance invoice for the site. c. All recycled water usage shall be maintained to ensure compliance with storm water requirements and regulations. May 4, 2021, Item #5179 of 190 d. Annual Irrigation System Maintenance Record: CONTRACTOR is to provide a spreadsheet listing each system serviced (coverage testing) with the date, an itemized list of the service provided and the name and signature of the person(s) that did the work. e. The City representative and the Contractor's supervisor will meet on each recycled water site annually with the City recycled water Cross-connection Specialist to walk each site utilizing recycled water and perform an annual site inspection to maintain regulatory compliance. b. Litter Control All yard and green waste debris generated by pruning, mowing, trimming, weeding, edging, and other work required in the specifications of this contract shall be kept separate from litter, garbage, and recyclables. Yard and green waste shall be chipped for mulch and spread on site or shall be placed in a green waste container for dispensation at a facility which will process the waste either by mulching or composting. 1. Immediately after working in areas of public streets and walks, driveways, and paved areas, the Contractor shall clean them with suitable equipment. All yard and green waste shall be subject to the above paragraph (a). All other debris will not be allowed to remain on the site at the end of the workday, but shall be removed and disposed of legally off-site. 2. In all areas covered by this Contract, litter, including, but not limited to animal droppings, stones, glass, paper, leaves, twigs, cardboard, metallic items, and other debris, including illegally dumped materials, shall be removed from the site as based on the Service Level and Fee Schedule worksheets. 3. Should Contractor not be able to provide disposal/recycling services, said Contractor shall contact the City's Exclusive Franchise Hauler for services. The Contractor shall not enter into contract with any other hauler other than the City's Franchise Hauler. 4. Hazardous materials (e.g., oils, other fuels, pesticides, and herbicides) used in the operation of equipment, shall not be placed in any gutter or storm drain system, but must be collected and disposed of according to Federal or State laws, and/or County or City of Poway ordinances. c. Weed Control 1. Keep basins and areas between plants free of weeds. All trees in ground cover areas shall have a 12" radius of open soil maintained May 4, 2021, Item #5180 of 190 around the base of the trunk. This will reduce damage to tree trunks and roots by machinery and by excess water. Use mulches to help prevent weed seed germination. Weeds that have germinated shall be eradicated either by chemical or mechanical means, within three (3) weeks of germination or before the plants set seeds. 2. Weeds shall be removed as needed from all turf, shrub areas, ground cover beds, and planters, and shall be removed monthly from all cracks in paved areas, including sidewalks, curbs, asphalt, all hardscape, and areas covered with ornamental rocks. Street median island maintenance shall include removal of weeds growing in paved and unpaved areas of median islands. For the purpose of these requirements weeds will be considered as "any undesirable, troublesome plants," including, but not limited to, artichokes, pampas grass, tumbleweeds, etc. Weeds shall be controlled whether by hand, mechanical, or chemical methods. The City's representative may restrict the use of chemical weed control in certain areas. 3. All plant materials within a four (4) foot area adjacent to improved surfaces, such as concrete sidewalks, service roads, and pathways will be continuously controlled so that height does not exceed twelve inches (12"). 4. Plant material normally classified as weeds will be treated as wild flowers in the natural open space areas, with the following exceptions: • Pampas grass, artichoke, and tumbleweed will be continually controlled to reduce fire or safety hazards. • Annual plants that attain a height of six inches (6") or more in the seed stage will be mechanically controlled upon completion of growth cycle to reduce fire hazard in areas deemed necessary by the City's representative. 5. The Contractor shall maintain a ten foot (1 O'), weed-free strip next to all planted areas. 6. Existing hydroseeded areas on-site shall be treated in the same manner as the ground cover areas. In areas where this may be impractical (i.e., 2:1 slope areas), a weed eating device may be used to cut down weeds that extend above hydroseeded cover. d. Mowing 1. Turf shall be mowed in accordance with the Service Level for the site. May 4, 2021, Item #5181 of 190 2. Mowers shall be maintained so as to provide a smooth, even cut without tearing. The blade adjustment shall provide a uniform, level cut without ridges or depressions. The mower blades shall be kept sharp. Equipment shall not be allowed to cause ruts in the turf. 3. Mowing shall be performed so that no more than one-third (1/3) of the grass blade is removed during each mowing. Inclement weather may preclude adherence to the frequency schedule; the Contractor may request that the City's representative alter mowing frequency because of rain or prolonged cold. A missed mowing cannot be "made up" by mowing twice in the subsequent week(s). 4. Mowing must be done in a systematic fashion approved by the City's representative. All sidewalks shall be cleaned immediately after mowing. Cuttings shall be removed from the hardscape and not blown into the street or shrub beds. Cuttings in the turf area are to remain (grasscycling) unless otherwise directed by City representative. Wet soppy areas shall not be mowed until sufficiently dry to accommodate safe mowing. Problems causing soppy areas shall be corrected within a period of time acceptable to the City's representative. e. Edging All turf and groundcover shall be edged adjacent to all improved surfaces; where no improved surfaces exist, edges shall be maintained if the turf or groundcover area abuts a shrub bed or property line or any other are where delineation is required by the City's Representative. Edging is to be completed as specified in the Service Level/Fee Schedule and shall include all fixtures (e.g., fire hydrants, manhole covers, meter boxes, valve boxes, quick couplers, valves). All edging must have a clean cut with the cut perpendicular to the hard surface and not removed from it. Chemical edging is unacceptable. F. Pruning -Shrubs, Vines and Groundcover Plants 1. Prune shrubs and vines as required to maintain health and safety, as well as for general containment and appearance. 2. All pruning cuts shall be made to lateral branches or buds or flush with the trunk. "Stubbing" will not be permitted. 3. Pruning shall be accomplished by removing woody stems from inside shrubs and vines at least twice a year. Topping of shrubs shall be done only after interior selective branch pruning has been completed. May 4, 2021, Item #5182 of 190 4. Remove no more than fifty percent (50%) of a plant's foliage during pruning operations. 5. Plant material is to be trimmed back from controller units, pump enclosures, valve boxes, quick couplers, backflows preventers, and water meters. 6. Remove dead flower stalks or spent blossoms to present a neat, clean appearance. 7. Ground cover beds shall be maintained within their intended bounds and shall not be permitted to encroach within four inches into lawns, shrub beds, sidewalks, or adjacent areas, or in any manner deemed undesirable by the City's representative. 8. Shrub areas not planted with ground cover shall be raked once per month to remove debris. 9. Check espaliered vines and maintain properly. Nails shall not be used in masonry walls. Secure vines with appropriate ties to promote directional growth. Vines shall be maintained to promote vigorous and healthy growth in accordance with best horticultural standards. 10. Trim vines to top of any wall and/or fence. 11. Trim shrubs to within 3' of any wall and/or fence line and 12" from the base of the tree. G. Fertilization 1. Should the soil analysis show the City recommended applications inadequate, or too strong, the Contractor shall provide documentation and recommendation for another commercial fertilizer. 2. The Contractor shall submit, in writing, a fertilization program stating when the contractor will be performing the work; detailing areas, the quantities to be applied, and dates, and approximate times of application. Submission of the fertilizer schedule does not release the Contractor from any of the other obligations described in this paragraph, or in the following paragraph. The Contractor shall inform the City's representative at least forty-eight (48) hours before beginning any fertilization after the City's representative has approved a previously submitted application schedule. 3. The fertilizer shall be delivered to the site in the original unopened containers bearing the manufacturer's guaranteed analysis. May 4, 2021, Item #5183 of 190 Damaged packages will not be accepted. The Contractor shall furnish the City's representative with duplicate signed, legible copies of all certificates and invoices for all fertilizer to be used in the execution of this Contract. The invoices must state the grade, amount, and quantity received. Both the copy to be retained by the City and the Contractor's copy must be signed by the City's representative, on site, before any material may be used. The Contractor shall comply with the obligations in the above paragraph prior to beginning the actual application. 4. Fertilizers shall be applied to shrubs, ground cover, and small trees (3" caliper and smaller) at the rates and times specified or as directed by the City's representative. Adequate irrigation will immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface. 5. When applying granulated fertilizer, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone spreader which tends to throw material onto paved areas. The use of gravity flow spreaders will keep materials contained in planting areas, eliminating/reducing sidewalk stains. 6. The fertilizing schedule may need to be modified due to climatic conditions. If possible, avoid application of fertilizers prior to forecasted windy weather, heavy rain, etc., which might affect stability. After fertilizer application, monitor watering schedule to eliminate runoff leaching of fertilizer materials. 7. Supplemental fertilization shall be required to correct serious deficiencies. Liquid fertilizers shall be applied to trees and shrubs when these require supplemental feeding. H. Pest Control 1. The Contractor shall provide a complete, continuous, and integrated pest management program for eradicating all plant pests and diseases, including weeds, snails, giant whitefly, Aphids, spider mites, Pine beetles, California psyllid, Scale and Longhorn borer, ground squirrels, rats, gophers, rabbits, skunks, possums and all other pests. All gopher mounds shall be brought back to grade when the area has been treated. Excessive soil or rocks may require removal. The Contractor shall comply with all City, County, State, and Federal regulations and laws. The Contractor shall be responsible for pest control of trees up to 15 feet. Trees greater than 15 feet shall be regularly inspected, and any suspicious disease shall May 4, 2021, Item #5184 of 190 be reported to the City's Agent. 2. Weed control includes spraying to kill annual weed grasses in turf areas such as prickle oxtail, thistle, sporobolus wire grass, horsetail grass, etc. 3. Areas shall be inspected regularly for signs of diseases and pests. The Contractor is responsible for applying the appropriate remedy at the recommended amounts. The name of the product applied and the treatment shall be entered on the Maintenance Schedule and coordinated with the City's Representative. Safety Data Sheets (SOS) of any chemicals used by the Contractor shall be provided by the Contractor to field crews and the City. 4. Before such applications are made, the plant materials should be well established and in a vigorous condition. Weeds shall be controlled before they have a chance to propagate. 5. The Contractor shall assume all liability and responsibility for the use of all pesticides and herbicides. i. Care shall be taken in transferring and mIxmg pesticides to prevent contaminating areas outside the treatment area. Application methods shall be used which ensure that materials are confined to the treatment area. Spray tanks containing leftover materials shall not be drained on the site to prevent any contamination. Disposal of pesticides shall comply with the guidelines established by the California Food and Agricultural Code. ii. Spray equipment shall be in good operating condition, of high quality, and designed to efficiently apply materials to the treatment area. Pesticide drift will be minimized by avoiding high pressure applications and using water soluble drift agents. iii. Pesticides shall be used only upon the recommendation and supervision of a State of California Licensed Pesticide Advisor. iv. Copies of all Pesticide Use Reports, Restrictively Materials Permit, and any other documentation provided to the State of California or the County of San Diego shall be provided to the City's representative. I. Brow Ditch Cleaning 1. The Contractor is responsible for checking surface drainage systems, such as concrete lined swales, creek beds, drains, and catch basins to assure proper functioning. The Contractor shall remove debris, May 4, 2021, Item #5185 of 190 including soil, weeds and litter that may restrict proper flows within the channel or at the inlet. J. Sweep Paved Areas 1. Pedestrian access walkways next to turf areas and curblines shall be swept as specified in the Service Levels. 2. All sidewalks and other paved surfaces shall be maintained at all times in a manner that shall provide safe, un-obstructive public use/access. The Contractor shall remove stones, glass, paper, leaves, twigs and all other debris from paved areas. 3. All concrete walks will be kept clean and free of dirt debris, hazards, and weeds. K. Turf Aerification 1. All turf areas shall be aerified annually by core removal to a depth of two inches when required under the Service Level per Location table. A schedule of aerification equipment to be used shall be submitted to the City's representative ten (10) days prior to commencing aerification. L. Tree Pruning 1. Trees shall be pruned for safety and appearance, in a manner which will encourage healthy growth and good form. Pruning shall be done by skilled pruning personnel using proper horticultural practices, following Class II National Arborist Association Pruning Standards for Shade Trees and the Poway Municipal Code, Chapter 12.32 -Urban Forestry. 2. The primary pruning of deciduous trees shall be done during the dormant season. Damaged trees, or those that constitute health or safety hazards, shall be pruned any time of the year as required. 3. All pruning cuts shall be made to lateral branches, or buds, or flush with the trunk. "Topping" and "Stubbing" will not be permitted. 4. All tree pruning shall be accomplished on an Orchard ladder. If trees are too large to be pruned in such a manner, the condition will be reported to the City's representative. 5. All trees shall be pruned to allow eight foot (8') clearances for pedestrians, twelve foot (12') clearances above the curb/gutter, and ten foot (1 O') clearance above roadway and trails. May 4, 2021, Item #5M. 6. Trees shall be pruned during the dormant season only (November 15th to February 15th) to reduce pruning shock, allow sufficient recovery time for maximum summer shade, and lessen possibility of insect infestation. 7. Tree stakes, ties, and guys shall be checked monthly and corrected as needed. Ties shall be adjusted to prevent girdling. Broken stakes or guy wires shall be replaced. Stakes, ties, and guys shall be removed as needed. 8. All restaking shall be done with two inch by ten foot (2" x 1 O') ledge pole stakes treated with copper naphthanate and pointed at one end. Adjust length to fit tree. Tree supports shall be corded rubber straps; nailed to sides of stake with one inch (1 ") roofing nail. 9. For trees, consider removal of the existing stakes and guys when the trees attain a trunk caliper of four inches (4"). If unstable at this time, replacement shall be decided by the City's representative. Pet Waste Stations and Trash Cans Restock bags. Remove any discarded litter in the vicinity of the station or trash can. Pet waste stations are located in Landscape Maintenance District 86-2B, Sycamore Creek (3 pet waste stations). Note: Trash cans are located at the Poway Center for the Performing Arts (PCPA) (7 trash cans and 1 recycling can empty twice a week), Veterans Park (1 trash and 1 recycling can empty once a week), Lake Poway Road Lower Parking Lot (1 trash can empty once a month) and the Library (6 trash cans and 1 recycling can empty three times a week). Trash can and pet waste bags will be supplied by proposer and cost should be included in the specific fee schedule associated with the area. Corrective Maintenance and Supplemental Construction Any emergency irrigation repairs, caused by conditions under which the Contractor does not have direct control and that are determined to be a concern with public health and safety shall be deemed or construed as "Extra Work." Extra work requiring significant modifications to a work site will require a proposal to be submitted by the Contractor based on the prices quoted within this section and must adhere to the latest, adopted versions of the Standard Specifications for Public Works Construction, and the City's Supplemental Engineering Standards and Landscape and Irrigation Design Manual. Reservoirs and Pump Stations The Contractor awarded the Contract is to become familiar with proper ingress and egress of these sites. These are secured locked sites. 186 of 190 May 4, 2021, Item #5SERVICE LEVELS PER LOCATION The following table is being provided for bidding purposes. Each facility or area of maintenance has both an A and B level of service. This is the number of times per year for the service. Please use these sheets when completing your proposals. Please refer to Section V, Technical Specifications, Item 5, Methods of Performing Work, for details on the work/tasks. FACILITIES (Bid Item A) Work/Task Level A LevelB Irrigation Inspection, Operation & 52 52 A. Maintenance B. Litter Control 52 26 C. Weed Control 52 26 D. Mowing 52 52 E. Edging 52 26 F. Pruning 12 6 G. Fertilization 2 1 H. Pest Control 4 2 I. Brow Ditch Cleaning 4 2 J. Sweep Paved Areas 52 26 K. Turf Aerification 1 0 L. Tree Pruning (lower branch) 2 1 M. Pet Waste Stations & Trash Cans See Note See Note Note: 1. Library: Receptacles shall be emptied 3 times per week or 156 times annually. 2. Poway Center for the Performing Arts: Receptacles shall be emptied 3 times per week or, a maximum of 156 times annually. 3. Lake Poway Road Lower Parking lot: Receptacle shall be emptied 1 time per week or 52 times annually. 4. Veterans Park: Receptacles shall be emptied once a week or 52 times annually. 5. Sheriff Station: Receptable shall be emptied 1 time per week or 52 times annually. 187 of 190 May 4, 2021, Item #5CIT Irrigation Tee Crew Leader I Certified Crew Leader 11 not certified Gardner 188 of 190 ATTACHMENT 2 Facilities -Service Level A Level A LevelC Steven Smith Reg. Time 1.5 2 $55.00 $82.50 $110.00 $45.00 $67.50 $90.00 $45.00 $67.50 $90.00 $35.00 $52.50 $70.00 $32.00 $48.00 $64.00 May 4, 2021, Item #5I NON-COLLUSION AFFIDAVIT To the City Council, City of Poway, California: The undersigned in submitting a proposal for performing the following work by Contract, being duly sworn, deposes and says: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with such Contract, for: LANDSCAPE MAINTENANCE SERVICES Business Name: ¼_v~ ,· 1 +h ~0c\~ t1-(2Q, j:rl_ · Business Address: I r, I u f.vmtY\f.r l i. a...l 9-r ft? T ~=ilntlfc)L,, c~ <l>O ;i 9 Signature of Proposer: · tCM. \.x%J /4, ~ '~L-s ' ti Place of Residence: E':>Lbhtl.t'c\L\ C -U Subscribed and sworn before me this l O day of M '°¢0 , 262<.Y. ~()~' LINDA L. H0LIBONICH ' COMM. #2197541 z \_.:-,"'-~ L -~\:\oc(\,~~ Notary Public in and for the County of Notary Public • California ~ San Diego County ... Comm. Ex ires JI.Ile 13, 2021 Sc:.\ .. 0 ,State of California My commission expires ~ - \ '5 -~ Q ;t \ (This affidavit shall be executed by the successful Proposer in accordance with instructions in the Federal Requirements, but Proposer may execute the affidavit on this page at the time of submitting proposal.) 189 of 190 May 4, 2021, Item #5• • • • • • • • • • • • • • • • I I • • • • • • I • • I • SIGNATURE SHEET Proposer agrees that their proposal shall remain open and not be withdrawn for a period of ninety (90) days from the deadline submittal. Proposer also agrees that if they are the successful bidder he or she will sign and return the Contract Agreement within ten ( 10) working days after receipt of Notice of Award along with the certificates of insurance and endorsements and other certifications as required under the Contract Documents. Failure to complete all information may render your proposal non-responsive [***Indicate not applicable ("N/A") where appropriate. ***] Name of Proposer/ Company: Address: Telephone No.: (.~-_____ 74..._~_. __ c ....... 'j_._<t_l& _______ Facsimile No.: ( ]tt,{; ) 7'-IS -/l/'? State of California Contractor's License No. _'--1 ............. S __ fu ..... l ____ l.i_D _______ Classifications( s) _C._-_)_7 ____ _ Expiration Date: .,l ~, /.2~ Type of Firm (select one): D Individual D Partnership D Corporation D M/WBE [Kl Incorporated □Traded D Sole Owner D Other Department of Industrial Relations Registration Number: IO l1 l1 I ti() gg SSN or Federal ID Number: 3 ~ {),) 5.7 7~?J --"--------------------Receipt of Addenda: #_/_· _ # __ # J # ___ is hereby acknowledged . Ji&?--1nitials By signing below, I attest that I am an authorized representative / agent, that I am authorized by my signature to bind this company contractually and certify under penalty of perjury the accuracy of the representations made on the Bid and related forms. DATE: j) l l \Jt,)-\ 190 of 190 I May 4, 2021, Item #6. c> AGENDA REPORT ///;:··-. ----~-_;::;:..--~-\ .;.,_ DATE: TO: FROM: CONTACT: SUBJECT: Summary: May 4, 2021 Honorable Mayor and Members of the City Council Aaron Beanan, Director of Finance ~ Aaron Beanan, Director of Finance (858) 668-4411 or abeanan@poway.org City's Investment Report as of March 31, 2021 City of Poway CITY COUNCIL Quarterly reports of investments are required to be presented to the City Council per state code and the City's Investment Policy. For your information, attached is an investment portfolio report as of March 31, 2021. Recommended Action: It is recommended that the City Council accept and file the attached report. Discussion: Pursuant to Government Code Sec. 53646(b)(1) and the City's Investment Policy, the Finance Director (i.e., Treasurer) renders a quarterly investment report to the City Council concerning the investment portfolio's earnings and performance results. In accordance with the Investment Policy, the quarterly report includes information such as the investment type, issuer, date of maturity, par value, amount invested, current market value, and the source of the market value information. The City is in compliance with its adopted investment policy, and the City's investment program provides sufficient liquidity to meet its cash flow requirements for the next six months. The fair value of the City's investment portfolio as of March 31, 2021, was $114,139,641. It consisted of the following: Investment Portfolio Total Deposits at CalTRUST $ 23,243,923 Deposits at the Local Agency Investment Fund (LAIF) 22,447,798 U.S. Treasury Notes 10,725,199 U.S. Instrumentalities 36,099,830 Corporate Notes 21,622,891 Fair Value of Investment Portfolio as of March 31, 2021 $114,139,641 1 of 30 May 4, 2021, Item #6The attached portfolio report (attachment B) and investment report (attachment C) were prepared by the City's investment manager, Insight Investment, with input from the City's Finance Department. The portfolio report includes all investments while the investment report includes only those investments managed by Insight Investment. All City funds, including the General Fund, Water Fund, Wastewater Fund and others -except those identified in Attachment D, are pooled and invested, with earned interest allocated quarterly based on the average daily cash balance in each fund. The funds on deposit at LAIF and CalTRUST earn interest at variable rates. The interest rate for the month ending March 31, 2021, is estimated at 0.36% for LAIF, 0.28% for the CalTRUST short-term fund, and 0.52% for the CalTRUST medium-term fund. The values of fixed income securities, as legal investment tools authorized under California government codes, are closely tied with interest rates. As interest rates go up, the market values of the securities go down, and vice versa. This is known as interest rate risk or market risk. A portfolio's duration is a common measurement of interest rate risk. Due to anticipated actions of the Federal Reserve, the Finance Department, in conjunction with Insight Investment, has been increasing the duration of the externally managed investment portfolio since July 2019 by investing in longer-term investments (e.g. treasuries and corporate notes). The portfolio's weighted average duration is currently just under 2 years. This duration helps preserve the City's interest earning ability in an environment of declining interest rates as well as help increase market value. In response to the COVID-19 pandemic, the Federal Reserve lowered the target federal funds rate by 50 basis points on March 3, 2020 and 100 basis points on March 16, 2020. The target federal funds rate is currently between 0.00 percent and 0.25 percent. The Federal Reserve affirmed this target at their July 29, 2020 meeting. As of March 2021, the portfolio's purchase yield was 1.76 percent while 2-Year Treasury Notes were 0.16 percent. The yield differential is directly a result of increasing the portfolio's duration. For fixed income securities, the difference between amortized cost and fair value is considered an unrealized gain or loss. A realized loss is when the principal of the security is redeemed before its maturity date at a fair value lower than its amortized cost value. The amortized cost value of the externally managed investment portfolio is $66,897,177; the fair value is $68,447,920 for an unrealized gain of $1,550,743 or 2.32% of the total amortized cost value. The source of the fair value information for the U.S. Treasury Notes, the U.S. Instrumentalities, Corporate Notes, and Municipal Bonds is Interactive Data Corporation. Also included with this report are recaps of the City's cash and investments held by fiscal agents, non-managed investments, and cash on hand. The total book value of the cash and investments held by our fiscal agent, U.S. Bank, at March 31, 2021, was $464,908. The source of the market value information for these investments was U.S. Bank. The total book value of the non-managed investments was $115,354 at March 31, 2021. The City's cash on hand at March 31, 2021, totaled $3,471,596. The March 31, 2021 balance of the City's Library Trust Fund was $259,410. Through the Fiscal Year 2020-21 period ending March 31, 2021, no transfer of interest earnings has been made to the General Fund. At the close of Fiscal Year 2020-21, 90% of the Library Trust Fund's interest earnings will be transferred to the General Fund to partially offset library operating expenses. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). 2 of 30 May 4, 2021, Item #6Fiscal Impact: The externally managed investment portfolio earned $145,523 interest during March 2021, as well as $121,070 interest during February 2021, and $135,642 during January 2021. Fees for investment services during this period totaled $8,600. Public Notification: None. Attachments: A. Investment Statistics B. Investment Portfolio Report prepared by Insight Investment C. Investment Report Prepared by Insight Investment D. City of Poway Investments and Cash with Fiscal Agent; General, Payroll, and Petty Cash Report at March 31, 2021 Reviewed/ Approved By: WendTaserman Assistant City Manager 3 of30 Reviewed By: Alan Fenstermacher City Attorney May 4, 2021, Item #6City of Poway Investment Statistics Separately Managed Investment Pools Fair Value: CalTRUST Short-Term Deposits CalTRUST Medium-Term Deposits Deposits at the Local Agency Investment Fund (LAIF) Total Fair Value Weighted Average Yield Effective Average Duration in days Weighted Average Maturity in days Externally Managed Investment Pools Fair Value: U. S. Treasury Notes U. S. Instrumentalities Corporate Bonds Total Fair Value Amortized Cost Value: U. S. Treasury Notes U. S. Instrumentalities Corporate Bonds Total Amortized Cost Value Unrealized Gain (Loss) Accrued Interest Earned Weighted Average Yield Effective Average Duration in years Weighted Average Maturity in years Total Fair Value of Portfolio Assets Weighted Average Yield Effective Average Duration in years Weighted Average Maturity in years Glossary of Yield Terminology March December 2020 2020 11,288,360 11,451,341 11,594,980 11,811,550 14,123,941 12,421,930 37,007,281 35,684,821 1.77% 0.57% 1 1 1 1 12,905,734 10,793,820 45,618,725 36,309,513 21,736,595 21,934,198 80,261,054 69,037,531 12,427,608 10,423,137 44,532,828 35,433,831 21,662,466 21,212,765 78,622,902 67,069,733 1,638,152 1,967,798 159,432 139,897 1.97% 1.82% 2.10 1.93 2.25 2.11 117,268,335 104,722,352 1.91% 1.40% 1.44 1.27 1.54 1.39 Coupon: A bond's coupon is the periodic interest payment made to the holder of the fixed income security during the life of the bond. Coupon payments can be made monthly, quarterly, or annually. Book Yield: The Book Yield is that rate of return that will make the present value of the future cash flows of a fixed income security equal to the price paid for the security. This assumes that the security will be held to its maturity. Current Yield: Annual rate of return on an investment expressed as a percentage. Current Yield of a fixed income security is the annualized earnings (coupon) divided by the bond's market value as of the valuation date. One Year Total Yield: The One Year Total Yield or One Year Return represents the portfolio's percentage change over a year's time, factoring in interest payments, changes in market value and reinvestment of distributions. March 2021 11,449,885 11,794,038 22,447,798 45,691,721 0.38% 1 1 10,725,199 36,099,830 21,622,891 68,447,920 10,421,241 35,392,712 21,083,224 66,897,177 1,550,743 145,523 1.76% 1.84 2.01 114,139,641 1.21% 1.10 1.21 Weighted Average Yield: The total yield on a bond portfolio divided by the number of bonds contained in it, weighted for the size of each bond so that the yield of large holdings does not drown out the calculation of yields on small holdings. Yield to Maturity: The Yield to Maturity (YTM) or Market Yield to Maturity of a fixed income security is tha1 rate of interest that will make the present value of the future cash flows equal to the market value as of the valuation date, assuming the bond is held to maturity. 4 of 30 ATTACHMENT A May 4, 2021, Item #6City of Poway Monthly Investment Portfolio Report March 31, 2021 Separately Managed Investment Pools % Return LAIF $ 22,447,798 49% 0.36% CalTrust -Short $ 11,449,885 25% 0.28% CalTrust -Medium $ 11,794,038 26% 0.52% Total Internally Managed $ 45,691,721 40% Weighted Average Yield 0.38% Days Effective Average Duration -Internal 1 Weighted Average Maturity -Internal 1 Externally Managed Assets % Return Treasury Securities $ 10,725,199 16% 1.91% Instrumentality Securities $ 36,099,830 53% 1.75% Corporate Notes $ 21,622,891 32% 1.70% Total Externally Managed $ 68,447,920 60% Weighted Average Yield 1.76% Years Effective Average Duration -External 1.84 Weighted Average Final Maturity -External 2.01 Total Portfolio Assets % Return LAIF $ CalTrust -Short $ CalTrust -Medium $ Treasury Securities $ Instrumentality Securities $ Corporate Notes $ Total Portfolio Assets $ Weighted Average Yield Effective Average Duration -Total Weighted Average Maturity -Total Portfolio Change Beginning Balance Ending Balance Assets values shown at Market 5 of 30 22,447,798 20% 0.36% 11,449,885 10% 0.28% 11,794,038 10% 0.52% 10,725,199 9% 1.91% 36,099,830 32% 1.75% 21,622,891 19% 1.70% 114,139,641 1.21% Years 1.10 1.21 $ $ CalTrust -Short, 25% Corporate Notes 24% Instrumentality Securities 39% 116,626,820 114,139,641 ATTACHMENT B LAIF, 49% Treasury Instrumentality Securities, 53% CalTrust -Short CalTrust -12% Medium 13% Treasury 12% May 4, 2021, Item #6 May 4, 2021, Item #6..., Contents 0 ..... w 0 Fixed income market review 3 Activity and performance summary 4 Recap of securities held 6 Maturity distribution of securities held 7 Securities held 8 GASB 40 -Deposit and investment risk disclosure 13 Securities purchased 17 Securities sold and matured 18 Detail of return and interest received 19 Transaction report 22 Additional information 23 May 4, 2021, Item #600 0 -ti w 0 FIXED INCOME MARKET REVIEW As of March 31, 2021 Chart 1: The Federal Reserve's economic forecasts continue to rise 8% 6% 3.9% 4% 2% 1.7% 0% -2% -1.8% -4% 7.4% Fed forecast: YE 2021 cumulative GDP Fed forecast: YE 2022 cum ulative GDP growth from YE 2019 level growth from YE 2019 level ■Jun-20 Sep-20 ■Dec-20 Mar-21 Source: Federal Reserve, March 31, 2021 . Chart 2: The Federal Reserve's unemployment forecasts continue to fall 7% I 6% 5% 4% 3% 2% 1% 0% 6.5% 4.5% Fed forecast: YE 2021 unemployment rate 5.5% Fed forecast: YE 2022 unemployment rate • Jun-20 ■ Sep-20 • Dec-20 Mar-21 Source: Federal Reserve, March 31, 2021 . CITY OF POWAY Economic Indicators and Monetary Policy At perhaps the most anticipated FOMC meeting since last spring, the Fed significantly revised its economic projections to reflect the $1.9bn stimulus package signed by President Biden and the accelerating pace of US COVID-19 vaccinations. After the US economy performed significantly better than feared last year, the Fed now forecasts GDP growth at 6.5% this year (from 4.2% previously), unemployment below 4% by the end of 2022 and perhaps most notably, core PCE at or above its 2% target over the next three years. The Fed's closely watched dot plot was unchanged, reflecting a median expectation of no policy rate hikes through 2023. The US continued to ramp up COVID-19 vaccinations, performing around ~3m per day. At the end of the month, close to 100 million American residents received at least one dose of a vaccine -close to 40% of the adult population. Economic restrictions continued to be scaled back as COVID cases, hospitalizations and mortalities declined. Business restrictions were even removed outright in Texas and Mississippi. Economic data was generally encouraging. The Conference Board's index of consumer confidence rose to 109.7 in March, the highest reading in one year. Retail sales declined in February, but was more than forecast at -3%, and was fully offset by large upward revisions to prior months, particularly January at 7.6% from 5.3%. The ISM services index fell in February to 55.3 from 58. 7, weaker than consensus expectations but still in expansionary territory. At the start of the month, the February jobs report was strong: nonfarm payrolls increased by an impressive 379,000 and the unemployment rate dropped to 6.2%. But labor market slack remains, and the economy is still far from maximum employment. Interest Rate Summary The Treasury yield curve continued to steepen over the month, with long-dated yields pushing higher. At the end of February, the 3-month US Treasury bill yielded 0.02%, the 6-month US Treasury bill yielded 0.04%, the 2-year US Treasury note yielded 0.16%, the 5-year us Treasury note yielded 0.94% and the 10-year US Treasury note yielded 1.74%. 3 May 4, 2021, Item #6\0 0 ACTIVITY AND PERFORMANCE SUMMARY For the period March 1, 2021 -March 31, 2021 : I Amortized Cost Basis Activity Summary 0 Opentn1 balance Income received Total receipts Total disbursements lnterportfolio transfers Total lnterportfollo transfers Realized gain (loss) Change in accruals from security movement Total amortization expense Total 01D/MKT accretion Income Return of capital Closln1 balance Endln1 fair value Unrealized gain (loss) 133,441 .66 (247,822.33) comparative Rates of Return (%) Fed Funds Overnight Repo Merrill Lynch 3m US Treas Bill Merrill Lynch 6m US Treas Bill ML 1 Year US Treasury Note ML 2 Year US Treasury Note ML 5 Year US Treasury Note * rates reflected are cumulative * Twelve month trailing 0.08 0.09 0.07 0.09 0.13 0.15 0.40 * Six month trailing 0.04 0.04 0.03 0.03 0.05 0.07 0.24 67,005,288.89 133,441.66 0.00 (247,822.33) 40,695.90 0.00 (37,283.47) 2,855.93 0.00 66,897,176.58 68,447,920.05 1,550,743.47 * One month 0.01 0.00 0.00 0.00 0.01 0.01 0.07 Detail of Amortized Cost Basis Return Interest Accretion Realized earned (amortization) gain (loss) Corporate Bonds 58,344.55 (22,322.63) 40,695.90 Government Agencies 69,525.97 (11,451.91) 0.00 Government Bonds 17,652.00 (653.00) 0.00 Total 145,522.52 (34,427.54) 40,695.90 summary of Amortized Cost Basis Return tor the Period Interest earned Accretion (amortization) Realized gain (loss) on sales Total income on portfolio Average daily amortized cost Period return (%) YTD return(%) Weighted average final maturity in days CITY OF POWAY Total income 76,717.82 58,074.06 16,999.00 151,790.88 Total portfolio 145,522.52 (34,427.54) 40,695.90 151,790.88 66,979,222.21 0.23 0.51 735 4 May 4, 2021, Item #6..a. 0 ACTIVITY AND PERFORMANCE SUMMARY For the period March 1, 2021 -March 31, 2021 ~ I Fair Value Basis Activity Summary o Opening balance 68,732,084.88 Income received Total receipts Total disbursements lnterportfolio transfers Total lnterportfollo transfers Unrealized gain (loss) on security movements Change in accruals from security movement Return of capital Change in fair value for the period Ending fair value 133,441 .66 (247,822.33) comparative Rates of Return {%} * Twelve * Six month trailing month trailing Fed Funds 0.08 0.04 Overnight Repo 0.09 0.04 ICE Bofa 3 Months UST-BILL 0.12 0.06 ICE Bofa 6m US Treas Bill 0.16 0.09 ICE Bofa 1 Yr US Treasury Note 0.17 0.12 ICE BofA US Treasury 1-3 0.24 0.00 ICE Bof A US Treasury 1-5 (0.09) (0.50) * rates reflected are cumulative 133,441 .66 0.00 (247,822.33) 0.00 0.00 0.00 (169,784.16) 68,447,920.05 * One month 0.01 0.00 0.01 0.02 0.02 0.02 (0.10) Detail of Fair Value Basis Return Interest Change in earned fair value Corporate Bonds 58,344.55 (88,928.72) Government Agencies 69,525.97 (63,664.04) Government Bonds 17,652.00 (17,191.40) Total 145,522.52 (169,784.16) summary of Fair Value Basis Return for the Period Interest earned Change in fair value Total income on portfolio Average daily total value* Period return (%) YTD return (%) Weighted average final maturity in days * Total value equals market value and accrued interest CITY OF POWAY Total income (30,584.17) 5,861.93 460.60 (24,261.64) Total portfolio 145,522.52 (169,784.16) (24,261.64) 69,012,690.92 (0.04) (0.11) 735 5 May 4, 2021, Item #6RECAP OF SECURITIES HELD As of March 31, 2021 ..a. ..a. 0 Historical .... w cost 0 Cash and Cash Equivalents (1,081,656.67) Corporate Bonds 21,326,897.00 Government Agencies 36,688,743.96 Government Bonds 10,433,632.28 Amortized Fair value Unrealized Weighted cost gain (loss) average final maturity (days) (1,081,656.67) (1,081,656.67) 0.00 1 21,083,223.40 21,622,891.25 539,667.85 963 36,474,368.77 37, 181,486.25 707,117.48 589 10,421,241.08 10,725,199.22 303,958.14 708 Portfolio diversification (%) ■ Cash and Cash Equivalents ■ Corporate Bonds ■ GovernmentAgencies ■ Government Bonds Total Percent of portfolio (1.61) 31.66 54.46 15.49 (1 .61) 31 .66 54.46 15.49 100.00 CITY OF POWAY Weighted average effective duration (years) 0.00 2.32 1.50 1.89 6 May 4, 2021, Item #6MATURITY DISTRIBUTION OF SECURITIES HELD CITY OF POWAY As of March 31, 2021 ..a. N 0 """ w 0 Maturity Historic cost Percent --- Under 90 days 2,925,833.33 4.34 90 to 1 79 days 1,990,303.00 2.95 180 days to 1 year 9,922,889.64 14.73 1 to 2 years 19,080,422.90 28.32 2 to 3 years 24,925,731.07 37.00 3 to 4 years 8,522,436.63 12.65 4 to 5 years 0.00 0.00 Over 5 years 0.00 0.00 67,367,616.57 100.00 Maturity distribution 25.00 e 20.00 .§. ...., 15.00 U'I 0 u ~ 10.00 u ·.:::: 0 ...., U'I 5: 5.00 ~ ~ ~ # ~ ~ ~ ~ V V ~ ~ ~ ~ ~ ~ C!)~ '.'\C!) " '),,, n_,,, ~,, ~" ~,, 1,. '\. ,0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ -0(;' ~ ~'l>,, 0 'b~ ....: 7 May 4, 2021, Item #6SECURITIES HELD CITY OF POWAY As of March 31, 2021 -11, w acusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % w Call date shares gain accrued Port 0 (loss) interest cost Cash and Cash Equivalents Cash and Cash Equivalents 0.000 (1,081,656.67) (1,081,656.67) (1,081,656.67) (1,081,656.67) 0.00 0.00 (1 .61) Total Cash and Cash Equivalents (1,081,656.67) (1,081,656.67) (1,081,656.67) (1,081,656.67) 0.00 0.00 (1.61) Corporate Bonds 89233P7F7 TOY OT A MOTOR CREDIT CORP 2.625% 1 0JAN2023 2.625 01/10/2023 2,000,000.00 2,001,380.00 2,000,671.63 2,080,802.70 80,131.07 11,812.50 2.97 084670BR8 BERKSHIRE HATHAWAY INC 2.75% 15MAR2023 2.750 03/15/2023 1,000,000.00 1,021,370.00 1,010,965.51 1,044,808.49 33,842.98 1,222.22 1.52 (CALLABLE 15JAN23) 01/15/2023 931142DH3 WALMART INC 2.55% 11APR2023 (CALLABLE 11JAN23) 2.550 04/11/2023 1,000,000.00 1,015,270.00 1,007,811.71 1,041,045.29 33,233.58 12,041.67 1.51 01/11/2023 037833AK6 APPLE INC 2.4% 03MAY2023 2.400 05/03/2023 1,000,000.00 1,007,920.00 1,004,401.30 1,044,656.51 40,255.21 9,866.67 1.50 166764BK5 CHEVRON CORP 2.566% 16MAY2023 (CALLABLE 2.566 05/16/2023 1,500,000.00 1,552,215.00 1,533,543.03 1,564,509.80 30,966.77 14,433.75 2.30 16MAR23) 03/16/2023 69353RFL7 PNC BANK NA 3.5% 08JUN2023 (CALLABLE 09MAY23) 3.500 06/08/2023 1,900,000.00 1,995,436.00 1,953,795.23 2,018,824.08 65,028.85 20,873.61 2.96 05/09/2023 94988J5R4 WELLS FARGO BANK NA 3.55% 14AUG2023 (CALLABLE 3.550 08/14/2023 1,000,000.00 1,050,350.00 1,030,777.74 1,070,217.52 39,439.78 4,634.72 1.56 14JUL23) 07/14/2023 17325FAS7 CITIBANK NA 3.65% 23JAN2024 (CALLABLE 23DEC23) 3.650 01/23/2024 1,400,000.00 1,484,224.00 1,458,099.78 1,512,986.87 54,887.09 9,652.22 2.20 12/23/2023 91159HHV5 US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24) 3.375 02/05/2024 1,900,000.00 1,999,636.00 1,964,417.04 2,045,050.35 80,633.31 9,975.00 2.97 01/05/2024 17275RAN2 CISCO SYSTEMS INC 3.625% 04MAR2024 3.625 03/04/2024 1,000,000.00 1,070,370.00 1,049,578.86 1,091,797.16 42,218.30 2,718.75 1.59 8 May 4, 2021, Item #6SECURITIES HELD CITY OF POWAY As of March 31, 2021 ~ ~ acusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % w Call date shares gain accrued Port 0 (loss) interest cost Corporate Bonds 06051GHF9 BANK OF AMERICA CORP 3.55% 05MAR2024 (CALLABLE 3.550 03/05/2024 1,350,000.00 1,445,445.00 1,419,825.55 1,424,378.67 4,553.12 3,461.25 2.15 05MAR23) 03/05/2023 459200JY8 IBM CORP 3% 15MAY2024 3.000 05/15/2024 2,300,000.00 2,463,231 .00 2,462,221.62 2,465,971.68 3,750.06 26,066.67 3.66 02665WCZ2 AMERICAN HONDA FINANCE 2.4% 27JUN2024 2.400 06/27/2024 1,000,000.00 1,012,410.00 1,008,846.96 1,048,106.99 39,260.03 6,266.67 1.50 46647PAY2 JPMORGAN CHASE & CO 4.023% 05DEC2024 (CALLABLE 4.023 12/05/2024 2,000,000.00 2,207,640.00 2,178,267.44 2,169,735.14 (8,532.30) 25,926.00 3.28 05DEC23) 12/05/2023 - - ----Total Corporate Bonds 20,350,000.00 21,326,897.00 21,083,223.40 21,622,891.25 539,667.85 158,951.70 31.66 Government Agencies 3133EJJD2 FEDERAL FARM CREDIT BANK 2.54% 05APR2021 2.540 04/05/2021 1,000,000.00 1,004,390.00 1,000,030.07 1,000,276.44 246.37 12,417.78 1.49 313379RB7 FEDERAL HOME LOAN BANK 1.875% 11JUN2021 1.875 06/11/2021 1,000,000.00 985,600.00 998,762.23 1,003,586.81 4,824.58 5,729.17 1.46 3135G0U35 FANNIE MAE 2.75% 22JUN2021 2.750 06/22/2021 2,000,000.00 2,017,500.00 2,001,789.28 2,012,120.44 10,331.16 15,125.00 2.99 3133EKCB0 FEDERAL FARM CREDIT BANK 2.5% 01JUL2021 2.500 07/01/2021 1,000,000.00 999,030.00 999,895.54 1,006,245.70 6,350.16 6,250.00 1.48 3137EAEC9 FREDDIE MAC 1.125% 12AUG2021 1.125 08/12/2021 1,000,000.00 991,273.00 998,047.52 1,003,899.87 5,852.35 1,531 .25 1.47 3135G0Q89 FANNIE MAE 1.375% 07OCT2021 1.375 10/07/2021 1,900,000.00 1,890,631 .10 1,897,283.75 1,912,749.80 15,466.05 12,627.08 2.81 3130AABG2 FEDERAL HOME LOAN BANK 1.875% 29NOV2021 1.875 11/29/2021 1,000,000.00 990,090.00 997,545.61 1,011,913.79 14,368.18 6,354.17 1.47 9 May 4, 2021, Item #6SECURITIES HELD CITY OF POWAY As of March 31, 2021 _., u, ~Cusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % w Call date shares gain accrued Port 0 (loss) interest cost Government Agencies 3135G0U92 FANNIE MAE 2.625% 11JAN2022 2.625 01/11/2022 1,500,000.00 1,513,185.00 1,503,825.28 1,529,713.91 25,888.63 8,750.00 2.25 3137EADB2 FREDDIE MAC 2.375% 13JAN2022 2.375 01/13/2022 1,000,000.00 1,018,089.00 1,006,220.15 1,017,993.47 11,773.32 5,145.83 1.51 313378CR0 FEDERAL HOME LOAN BANK 2.25% 11 MAR2022 2.250 03/11/2022 2,000,000.00 2,004,000.00 2,001,351 .83 2,040,335.88 38,984.05 2,500.00 2.97 3135G0V59 FANNIE MAE 2.25% 12APR2022 2.250 04/12/2022 2,900,000.00 2,943,346.30 2,919,981.19 2,964,241.70 44,260.51 30,631 .25 4.37 3133EA5E4 FEDERAL FARM CREDIT BANK 1.93% 18OCT2022 1.930 10/18/2022 2,000,000.00 2,015,820.00 2,008,827.56 2,054,832.58 46,005.02 17,477.22 2.99 31331K3A6 FEDERAL FARM CREDIT BANK 2.71 % 13DEC2022 2.710 12/13/2022 1,000,000.00 1,028,921 .06 1,014,262.76 1,043,343.50 29,080.74 8,130.00 1.53 31331 KAF7 FEDERAL FARM CREDIT BANK 4.09% 18JAN2023 4.090 01/18/2023 1,850,000.00 2,008,452.50 1,934,023.91 1,979,695.47 45,671.56 15,343.18 2.98 3133EKKT2 FEDERAL FARM CREDIT BANK 2.25% 08FEB2023 2.250 02/08/2023 1,000,000.00 1,017,480.00 1,008,920.28 1,038,895.05 29,974.77 3,312.50 1.51 3133EJFK0 FEDERAL FARM CREDIT BANK 2.65% 08MAR2023 2.650 03/08/2023 1,000,000.00 1,032,790.00 1,018,790.99 1,048,387.59 29,596.60 1,693.06 1.53 3137EAEN5 FREDDIE MAC 2.75% 19JUN2023 2.750 06/19/2023 2,000,000.00 2,067,740.00 2,038,358.80 2,112,171 .58 73,812.78 15,583.33 3.07 3135G0U43 FANNIE MAE 2.875% 12SEP2023 2.875 09/12/2023 1,000,000.00 1,039,050.00 1,022,930.83 1,064,023.23 41 ,092.40 1,517.36 1.54 3133EKVB9 FEDERAL FARM CREDIT BANK 1.86% 17OCT2023 1.860 10/17/2023 2,000,000.00 1,997,646.00 1,998,588.22 2,080,037.16 81,448.94 16,946.67 2.97 10 May 4, 2021, Item #6SECURITIES HELD CITY OF POWAY As of March 31, 2021 -°' g_cusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % w Call date shares gain accrued Port 0 (loss) interest cost Government Agencies 3133EJ2B4 FEDERAL FARM CREDIT BANK 3% 06DEC2023 3.000 12/06/2023 1,000,000.00 1,071,740.00 1,071,740.00 1,070,961.42 (778.58) 9,916.67 1.59 3130A3VC5 FEDERAL HOME LOAN BANK 2.25% 08DEC2023 2.250 12/08/2023 1,000,000.00 1,014,600.00 1,009,001.78 1,051,537.75 42,535.97 7,062.50 1.51 3135G0V34 FANNIE MAE 2.5% 05FEB2024 2.500 02/05/2024 1,000,000.00 1,028,090.00 1,017,653.13 1,062, 144.39 44,491 .26 3,888.89 1.53 3133EMBE1 FEDERAL FARM CREDIT BANK 0.3% 28MAR2024 0.300 03/28/2024 2,000,000.00 1,998,500.00 1,998,714.63 1,996,064.66 (2,649.97) 50.00 2.97 (CALLABLE 13APR21) 3135G0V75 FANNIE MAE 1.75% 02JUL2024 1.750 07/02/2024 2,000,000.00 2,007,920.00 2,005,381 .01 2,085,791.08 80,410.07 8,652.78 2.98 3130AL2A1 FEDERAL HOME LOAN BANK 0.5% 1 0FEB2025 0.500 02/10/2025 1,000,000.00 1,002,860.00 1,002,442.42 990,522.98 (11,919.44) 708.33 1.49 (CALLABLE 1 0FEB22) 02/10/2022 Total Government Agencies 36, 150,000.00 36,688,743.96 36,474,368.77 37, 181,486.25 707,117.48 217,344.02 54.46 Government Bonds 912828F21 USA TREASURY 2.125% 30SEP2021 2.125 09/30/2021 1,000,000.00 991,015.63 998,262.01 1,010,351.56 12,089.55 0.00 1.47 9128285F3 USA TREASURY 2.875% 15OCT2021 2.875 10/15/2021 1,500,000.00 1,515,878.91 1,503,302.55 1,522,734.38 19,431.83 19,785.37 2.25 912828XW5 USA TREASURY 1.75% 30JUN2022 1.750 06/30/2022 1,000,000.00 998,515.63 999,391 .85 1,020,351.56 20,959.71 4,350.83 1.48 912828L57 USA TREASURY 1.75% 30SEP2022 1.750 09/30/2022 1,000,000.00 999,417.41 999,731 .04 1,024, 179.69 24,448.65 0.00 1.48 912828201 USA TREASURY 1.375% 31 AUG2023 1.375 08/31/2023 2,000,000.00 1,967,109.38 1,980,689.88 2,055,390.62 74,700.74 2,316.58 2.92 11 May 4, 2021, Item #6SECURITIES HELD CITY OF POWAY As of March 31, 2021 ...a. ..., acusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % w Call date shares gain accrued Port 0 (loss) interest cost Government Bonds 912828U57 USA TREASURY 2.125% 30NOV2023 2.125 11/30/2023 1,900,000.00 1,925,679.69 1,915,681 .52 1,993,441.41 77,759.89 13,421.36 2.86 912828X70 USA TREASURY 2% 30APR2024 2.000 04/30/2024 2,000,000.00 2,036,015.63 2,024, 182.23 2,098,750.00 74,567.77 16,685.08 3.02 ~ Total Government Bonds 10,400,000.00 10,433,632.28 10,421,241.08 10,725,199.22 303,958.14 56,559.22 15.49 12 May 4, 2021, Item #6GASB 40 -DEPOSIT AND INVESTMENT RISK DISCLOSURE CITY OF POWAY As of March 31, 2021 ..a. 00 g_cusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective w 0 date rating rating shares cost hist cost value mkt value dur (yrs) Federal Farm Credit Banks Funding Corp 3133EJJD2 FEDERAL FARM CREDIT 2.540 04/05/2021 AA+ Aaa 1,000,000.00 1,004,390.00 1.49 1,000,276.44 1.46 0.01 3133EKCBO FEDERAL FARM CREDIT 2.500 07/01/2021 AA+ Aaa 1,000,000.00 999,030.00 1.48 1,006,245.70 1.47 0.25 3133EASE4 FEDERAL FARM CREDIT 1.930 10/18/2022 AA+ Aaa 2,000,000.00 2,015,820.00 2.99 2,054,832.58 3.00 1.52 31331 K3A6 FEDERAL FARM CREDIT 2.710 12/13/2022 AA+ Aaa 1,000,000.00 1,028,921.06 1.53 1,043,343.50 1.52 1.66 31331KAF7 FEDERAL FARM CREDIT 4.090 01/18/2023 AA+ Aaa 1,850,000.00 2,008,452.50 2.98 1,979,695.47 2.89 1.75 3133EKKT2 FEDERAL FARM CREDIT 2.250 02/08/2023 AA+ Aaa 1,000,000.00 1,017,480.00 1.51 1,038,895.05 1.52 1.83 3133EJFKO FEDERAL FARM CREDIT 2.650 03/08/2023 AA+ Aaa 1,000,000.00 1,032,790.00 1.53 1,048,387.59 1.53 1.90 3133EKVB9 FEDERAL FARM CREDIT 1.860 10/17/2023 AA+ Aaa 2,000,000.00 1,997,646.00 2.97 2,080,037.16 3.04 2.48 3133EJ2B4 FEDERAL FARM CREDIT 3.000 12/06/2023 AA+ Aaa 1,000,000.00 1,071,740.00 1.59 1,070,961.42 1.56 2.58 3133EMBE1 FEDERAL FARM CREDIT 0.300 03/28/2024 AA+ Aaa 2,000,000.00 1,998,500.00 2.97 1,996,064.66 2.92 2.02 Issuer total 13,850,000.00 14,174,769.56 21.04 14,318,739.57 20.92 1.70 Federal National Mortgage Association 3135GOU35 FANNIE MAE 2.75% 2.750 06/22/2021 AA+ Aaa 2,000,000.00 2,017,500.00 2.99 2,012,120.44 2.94 0.23 3135GOQ89 FANNIE MAE 1.375% 1.375 10/07/2021 AA+ Aaa 1,900,000.00 1,890,631.10 2.81 1,912,749.80 2.79 0.52 3135GOU92 FANNIE MAE 2.625% 2.625 01/11/2022 AA+ Aaa 1,500,000.00 1,513, 185.00 2.25 1,529,713.91 2.23 0.78 3135GOV59 FANNIE MAE 2.25% 2.250 04/12/2022 AA+ Aaa 2,900,000.00 2,943,346.30 4.37 2,964,241.70 4.33 1.01 3135GOU43 FANNIE MAE 2.875% 2.875 09/12/2023 AA+ Aaa 1,000,000.00 1,039,050.00 1.54 1,064,023.23 1.55 2.38 3135GOV34 FANNIE MAE 2.5% 2.500 02/05/2024 AA+ Aaa 1,000,000.00 1,028,090.00 1.53 1,062, 144.39 1.55 2.76 3135GOV75 FANNIE MAE 1.75% 1.750 07/02/2024 AA+ Aaa 2,000,000.00 2,007,920.00 2.98 2,085,791.08 3.05 3.17 Issuer total 12,300,000.00 12,439 I 722.40 18.47 12,630,784.55 18.45 1.39 United States Treasury Note/Bond 912828F21 USA TREASURY 2.125% 2.125 09/30/2021 AA+ Aaa 1,000,000.00 991,015.63 1.47 1,010,351.56 1.48 0.50 9128285F3 USA TREASURY 2.875% 2.875 10/15/2021 AA+ Aaa 1,500,000.00 1,515,878.91 2.25 1,522,734.38 2.22 0.54 912828XW5 USA TREASURY 1.75% 1.750 06/30/2022 AA+ Aaa 1,000,000.00 998,515.63 1.48 1,020,351.56 1.49 1.23 13 May 4, 2021, Item #6GASB 40 -DEPOSIT AND INVESTMENT RISK DISCLOSURE CITY OF POWAY As of March 31, 2021 ..a. \D acusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective w date rating rating shares cost hist cost value mkt value dur (yrs) 0 United States Treasury Note/Bond 912828L57 USA TREASURY 1.75% 1.750 09/30/2022 AA+ Aaa 1,000,000.00 999,417.41 1.48 1,024,179.69 1.50 1.48 9128282D1 USA TREASURY 1.375% 1.375 08/31/2023 AA+ Aaa 2,000,000.00 1,967,109.38 2.92 2,055,390.62 3.00 2.38 912828U57 USA TREASURY 2.125% 2.125 11/30/2023 AA+ Aaa 1,900,000.00 1,925,679.69 2.86 1,993,441.41 2.91 2.59 912828X70 USA TREASURY 2% 2.000 04/30/2024 AA+ Aaa 2,000,000.00 2,036,015.63 3.02 2,098,750.00 3.07 2.98 Issuer total 10,400,000.00 10,433,632.28 15.49 10,725,199.22 15.67 1.89 Federal Home Loan Banks 313379RB7 FEDERAL HOME LOAN 1.875 06/11/2021 AA+ Aaa 1,000,000.00 985,600.00 1.46 1,003,586.81 1.47 0.20 3130AABG2 FEDERAL HOME LOAN 1.875 11/29/2021 AA+ Aaa 1,000,000.00 990,090.00 1.47 1,011,913.79 1.48 0.66 313378CRO FEDERAL HOME LOAN 2.250 03/11/2022 AA+ Aaa 2,000,000.00 2,004,000.00 2.97 2,040,335.88 2.98 0.94 3130A3VC5 FEDERAL HOME LOAN 2.250 12/08/2023 AA+ Aaa 1,000,000.00 1,014,600.00 1.51 1,051,537.75 1.54 2.61 3130AL2A1 FEDERAL HOME LOAN 0.500 02/10/2025 02/10/2022 AA+ Aaa 1,000,000.00 1,002,860.00 1.49 990,522.98 1.45 2.60 Issuer total 6,000,000.00 5,997,150.00 8.90 6,097,897.21 8.91 1.33 Federal Home Loan Mortgage Corp 3137EAEC9 FREDDIE MAC 1.125% 1.125 08/12/2021 AA+ Aaa 1,000,000.00 991,273.00 1.47 1,003,899.87 1.47 0.37 3137EADB2 FREDDIE MAC 2.375% 2.375 01/13/2022 AA+ Aaa 1,000,000.00 1,018,089.00 1.51 1,017,993.47 1.49 0.78 3137EAEN5 FREDDIE MAC 2.75% 2.750 06/19/2023 AA+ Aaa 2,000,000.00 2,067,740.00 3.07 2,112,171.58 3.09 2.15 Issuer total 4,000,000.00 4,077,102.00 6.05 4,134,064.92 6.04 1.38 International Business Machines Corp 459200JY8 IBM CORP 3% 3.000 05/15/2024 A A2 2,300,000.00 2,463,231.00 3.66 2,465,971.68 3.60 2.97 Issuer total 2,300,000.00 2,463,231.00 3.66 2,465,971.68 3.60 2.97 JPMorgan Chase & Co 46647PAY2 JPMORGAN CHASE & CO 4.023 12/05/2024 12/05/2023 A-A2 2,000,000.00 2,207,640.00 3.28 2,169,735.14 3.17 2.54 Issuer total 2,000,000.00 2,207,640.00 3.28 2,169,735.14 3.17 2.54 14 May 4, 2021, Item #6GASB 40 -DEPOSIT AND INVESTMENT RISK DISCLOSURE CITY OF POWAY As of March 31, 2021 N 0 ~Cusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective w date rating rating shares cost hist cost value mkt value dur (yrs) 0 Toyota Motor Credit Corp 89233P7F7 TOYOTA MOTOR CREDIT 2.625 01/10/2023 A+ A1 2,000,000.00 2,001,380.00 2.97 2,080,802.70 3.04 1.74 Issuer total 2,000,000.00 2,001,380.00 2.97 2,080,802.70 3.04 1.74 US Bancorp 91159HHV5 US BANCORP 3.375% 3.375 02/05/2024 01/05/2024 A+ A1 1,900,000.00 1,999,636.00 2.97 2,045,050.35 2.99 2.66 Issuer total 1,900,000.00 1,999,636.00 2.97 2,045,050.35 2.99 2.66 PNC Bank NA 69353RFL7 PNC BANK NA 3.5% 3.500 06/08/2023 05/09/2023 A A2 1,900,000.00 1,995,436.00 2.96 2,018,824.08 2.95 2.03 Issuer total 1,900,000.00 1,995,436.00 2.96 2,018,824.08 2.95 2.03 Chevron Corp 166764BK5 CHEVRON CORP 2.566% 2.566 05/16/2023 03/16/2023 AA-Aa2 1,500,000.00 1,552,215.00 2.30 1,564,509.80 2.29 1.91 Issuer total 1,500,000.00 1,552,215.00 2.30 1,564,509.80 2.29 1.91 Citibank NA 17325FAS7 CITIBANK NA 3.65% 3.650 01/23/2024 12/23/2023 A+ Aa3 1,400,000.00 1,484,224.00 2.20 1,512,986.87 2.21 2.62 Issuer total 1,400,000.00 1 ,484,224.00 2.20 1,512,986.87 2.21 2.62 Bank of America Corp 06051 GHF9 BANK OF AMERICA CORP 3.550 03/05/2024 03/05/2023 A-A2 1,350,000.00 1,445,445.00 2.15 1,424,378.67 2.08 1.87 Issuer total 1,350,000.00 1,445,445.00 2.15 1,424,378.67 2.08 1.87 Cisco Systems Inc/Delaware 17275RAN2 CISCO SYSTEMS INC 3.625 03/04/2024 AA-A1 1,000,000.00 1,070,370.00 1.59 1,091,797.16 1.60 2.80 Issuer total 1,000,000.00 1,070,370.00 1.59 1,091,797.16 1.60 2.80 15 May 4, 2021, Item #6GASB 40 -DEPOSIT AND INVESTMENT RISK DISCLOSURE CITY OF POWAY As of March 31, 2021 N ...a. g.cusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective w date rating rating shares cost hist cost value mkt value dur (yrs) 0 Wells Fargo Bank NA 94988J5R4 WELLS FARGO BANK NA 3.550 08/14/2023 07/14/2023 A+ Aa2 1,000,000.00 1,050,350.00 1.56 1,070,217.52 1.56 2.21 Issuer total 1,000,000.00 1,050,350.00 1.56 1,070,217.52 1.56 2.21 American Honda Finance Corp 02665WCZ2 AMERICAN HONDA 2.400 06/27/2024 A-A3 1,000,000.00 1,012,410.00 1.50 1,048,106.99 1.53 3.12 Issuer total 1,000,000.00 1,012,410.00 1.50 1,048,106.99 1.53 3.12 Berkshire Hathaway Inc 084670BR8 BERKSHIRE HATHAWAY 2.750 03/15/2023 01/15/2023 AA Aa2 1,000,000.00 1,021,370.00 1.52 1,044,808.49 1.53 1.76 Issuer total 1,000,000.00 1,021 ,370.00 1.52 1,044,808.49 1.53 1.76 Apple Inc 037833AK6 APPLE INC 2.4% 2.400 05/03/2023 AA+ Aa1 1,000,000.00 1,007,920.00 1.50 1,044,656.51 1.53 2.03 Issuer total 1,000,000.00 1,007,920.00 1.50 1,044,656.51 1.53 2.03 Walmart Inc 931142DH3 WALMART INC 2.55% 2.550 04/11/2023 01/11/2023 AA Aa2 1,000,000.00 1,015,270.00 1.51 1,041,045.29 1.52 1.74 Issuer total 1,000,000.00 1,015,270.00 1.51 1,041,045.29 1.52 1.74 Cash and Cash Equivalents PENDING TRADE 0.000 0.00 (1,081,656.67) 0.00 (1,081,656.67) (1.58) 0.00 Issuer total 0.00 (1,081,656.67) 0.00 (1,081,656.67) (1.58) 0.00 16 May 4, 2021, Item #6SECURITIES PURCHASED CITY OF POWAY For the period March 1, 2021 -March 31, 2021 N N acusip Description I Broker Trade date Coupon Maturity/ Par value or Unit cost Principal Accrued w Settle date Call date shares cost interest 0 Corporate Bonds 459200JY8 IBM CORP 3% 15MAY2024 03/24/2021 3.000 05/15/2024 2,300,000.00 107.10 (2,463,231.00) (25,108.33) MORGAN STANLEY AND CO., LLC 03/26/2021 -Total Corporate Bonds 2,300,000.00 (2,463,231.00) (25,108.33) Government Agencies 3133EJ2B4 FEDERAL FARM CREDIT BANK 3% 03/31/2021 3.000 12/06/2023 1,000,000.00 107.17 (1,071,740.00) (9,916.67) JPMORGAN CHASE BANK, N.A. 04/05/2021 Total Government Agencies 1,000,000.00 17 May 4, 2021, Item #6SECURITIES SOLD AND MATURED CITY OF POWAY For the period March 1, 2021 -March 31, 2021 N w acusip Description / Broker Trade date Coupon Maturity/ Par value or Historical cost Amortized cost Price Fair value at Realized Accrued w Settle date Call date shares at sale or sale or gain interest 0 maturity maturity (loss) sold Corporate Bonds 68389XBB0 ORACLE CORP 2.5% 15MA Y2022 03/24/2021 2.500 05/15/2022 (1,500,000.00) 1,542,555.00 1,521,998.24 102.00 1,530,045.00 8,046.76 13,645.83 (CALLABLE 15MAR22) 03/26/2021 03/15/2022 J.P. MORGAN SECURITIES LLC 68389XBL8 ORACLE CORP 2.4% 15SEP2023 03/24/2021 2.400 09/15/2023 (1,000,000.00) 1,008,750.00 1,005,000.86 103.77 1,037,650.00 32,649.14 733.33 (CALLABLE 15JUL23) 03/26/2021 07/15/2023 MERRILL LYNCH, PIERCE, FENNER&SMITH Total (Corporate Bonds) (2,500,000.00) 2,551,305.00 2,526,999.10 2,567,695.00 40,695.90 14,379.16 18 May 4, 2021, Item #6DETAIL OF RETURN AND INTEREST RECEIVED CITY OF POWAY For the period March 1, 2021 -March 31, 2021 N ~ g.cusip Description Accretion Realized gain Change in fair Interest earned Interest received w (amortization) (loss) value 0 Corporate Bonds 02665WCZ2 AMERICAN HONDA FINANCE 2.4% 27 JUN2024 (227.43) 0.00 (7,830.64) 2,200.00 0.00 037833AK6 APPLE INC 2.4% 03MAY2023 (175.35) 0.00 (67.68) 2,200.00 0.00 06051GHF9 BANK OF AMERICA CORP 3.55% 05MAR2024 (CALLABLE 05MAR23) (3,014.06) 0.00 (6,91 1.08) 4,393.12 23,962.50 084670BR8 BERKSHIRE HATHAWAY INC 2.75% 15MAR2023 (CALLABLE 15JAN23) (510.03) 0.00 (111.08) 2,520.83 13,750.00 166764BK5 CHEVRON CORP 2.566% 16MA Y2023 (CALLABLE 16MAR23) (1,425.34) 0.00 (2,890.60) 3,528.25 0.00 17275RAN2 CISCO SYSTEMS INC 3.625% 04MAR2024 (1,411 .17) 0.00 (3,433.22) 3,322.92 18,125.00 17325FAS7 CITIBANK NA 3.65% 23JAN2024 (CALLABLE 23DEC23) (1,773.14) 0.00 (8,426.20) 4,684.16 0.00 459200JY8 IBM CORP 3% 15MAY2024 (1,009.38) 0.00 2,740.68 958.34 0.00 46647PAY2 JPMORGAN CHASE & CO 4.023% 05DEC2024 (CALLABLE 05DEC23) (5,541 .99) 0.00 (18,014.40) 7,375.50 0.00 68389XBL8 ORACLE CORP 2.4% 15SEP2023 (CALLABLE 15JUL23) (144.43) 32,649.14 (10,669.47) 1,866.66 12,000.00 68389XBB0 ORACLE CORP 2.5% 15MAY2022 (CALLABLE 15MAR22) (1 ,504.15) 8,046.76 (4,285.1 4) 2,916.66 0.00 69353RFL7 PNC BANK NA 3.5% 08JUN2023 (CALLABLE 09MA Y23) (2,126.30) 0.00 (9,490.25) 6,095.83 0.00 89233P7F7 TOY OT A MOTOR CREDIT CORP 2.625% 1 0JAN2023 (31.49) 0.00 (1,958.66) 4,812.50 0.00 91159HHV5 US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24) (1 ,942.22) 0.00 (1 0,579.03) 5,878.12 0.00 931142DH3 WALMART INC 2.55% 11 APR2023 (CALLABLE 11 JAN23) (365.60) 0.00 (1 ,098.72) 2,337.50 0.00 94988J5R4 WELLS FARGO BANK NA 3.55% 14AUG2023 (CALLABLE 14JUL23) (1 ,120.55) 0.00 (5,903.23) 3,254.16 0.00 ---~- Total Corporate Bonds (22,322.63) 40,695.90 (88,928.72) 58,344.55 67,837.50 Government Agencies 3135G0Q89 FANNIE MAE 1.375% 07OCT2021 435.77 0.00 (1,977.04) 2,394.79 0.00 3135G0V75 FANNIE MAE 1.75% 02JUL2024 (137.74) 0.00 (3,541 .44) 3,208.34 0.00 19 May 4, 2021, Item #6DETAIL OF RETURN AND INTEREST RECEIVED CITY OF POWAY For the period March 1, 2021 -March 31, 2021 N u, acusip Description Accretion Realized gain Change in fair Interest earned Interest received w 0 (amortization) (loss) value Government Agencies 3135G0V59 FANNIE MAE 2.25% 12APR2022 (1,611.39) 0.00 (5,596.83) 5,981 .25 0.00 3135G0V34 FANNIE MAE 2.5% 05FEB2024 (516.67) 0.00 (873.92) 2,291.67 0.00 3135G0U92 FANNIE MAE 2.625% 11JAN2022 (393.38) 0.00 (2,836 .68) 3,609.37 0.00 3135G0U35 FANNIE MAE 2.75% 22JUN2021 (654.61) 0.00 (4,229.06) 5,041 .67 0.00 3135G0U43 FANNIE MAE 2.875% 12SEP2023 (779.96) 0.00 (1,108.35) 2,635.42 14,375.00 3133EMBE1 FEDERAL FARM CREDIT BANK 0.3% 28MAR2024 (CALLABLE 13APR21) 35.77 0.00 (494.92) 550.00 3,000.00 3133EKVB9 FEDERAL FARM CREDIT BANK 1.86% 17OCT2023 46.19 0.00 (2,875.98) 3,410.00 0.00 3133EA5E4 FEDERAL FARM CREDIT BANK 1.93% 18OCT2022 (474.60) 0.00 (2,993.02) 3,538.33 0.00 3133EKKT2 FEDERAL FARM CREDIT BANK 2.25% 08FEB2023 (400.61) 0.00 (1,677 .66) 2,062.50 0.00 3133EKCB0 FEDERAL FARM CREDIT BANK 2.5% 01JUL2021 34.44 0.00 (1 ,920.01) 2,291 .67 0.00 3133EJJD2 FEDERAL FARM CREDIT BANK 2.54% 05APR2021 (180.41) 0.00 {2,078.60) 2,328.34 0.00 3133EJFK0 FEDERAL FARM CREDIT BANK 2.65% 08MAR2023 (807.63) 0.00 (1 ,928.57) 2,429.17 13,250.00 31331K3A6 FEDERAL FARM CREDIT BANK 2.71% 13DEC2022 (698.01) 0.00 (2,188.23) 2,484.17 0.00 3133EJ2B4 FEDERAL FARM CREDIT BANK 3% 06DEC2023 0.00 0.00 (778.58) 0.00 0.00 31331KAF7 FEDERAL FARM CREDIT BANK 4.09% 18JAN2023 (3,890.00) 0.00 (6,078.79) 6,935.96 0.00 3130AL2A1 FEDERAL HOME LOAN BANK 0.5% 1 0FEB2025 (CALLABLE 1 0FEB22) (236.37) 0.00 (5,246.93) 458.33 0.00 313379RB7 FEDERAL HOME LOAN BANK 1.875% 11JUN2021 523.00 0.00 (1 ,462.44) 1,718.75 0.00 3130AABG2 FEDERAL HOME LOAN BANK 1.875% 29NOV2021 308.09 0.00 (1,435.14) 1,718.75 0.00 3130A3VC5 FEDERAL HOME LOAN BANK 2.25% 08DEC2023 (278.98) 0.00 (1,442.05) 2,062.50 0.00 313378CR0 FEDERAL HOME LOAN BANK 2.25% 11 MAR2022 (118.93) 0.00 (4,249.00) 4,125.00 22,500.00 20 May 4, 2021, Item #6DETAIL OF RETURN AND INTEREST RECEIVED CITY OF POWAY For the period March 1, 2021 -March 31, 2021 N °' g_cusip Description Accretion Realized gain Change in fair Interest earned Interest received w (amortization) (loss) value 0 Government Agencies 3137EAEC9 FREDDIE MAC 1.125% 12AUG2021 443.75 0.00 (626.59) 1,031 .25 0.00 3137EADB2 FREDDIE MAC 2.375% 13JAN2022 (659.38) 0.00 (1,724.49) 2,177.08 0.00 3137EAEN5 FREDDIE MAC 2.75% 19JUN2023 (1,440.25) 0.00 (4,299.72) 5,041.66 0.00 ~-~-~~ Total Government Agencies (11 ,451.91) 0.00 (63,664.04) 69,525.97 53,125.00 Government Bonds 912828201 USA TREASURY 1.375% 31AUG2023 677.93 0.00 (1,484.38) 2,316.58 13,750.00 912828XW5 USA TREASURY 1.75% 30JUN2022 41 .35 0.00 (1 ,250.00) 1,498.62 0.00 912828L57 USA TREASURY 1.75% 30SEP2022 15.22 0.00 (1,132.81) 1,490.38 8,750.00 912828X70 USA TREASURY 2% 30APR2024 (665.76) 0.00 (5,312.50) 3,425.41 0.00 912828U57 USA TREASURY 2.125% 30NOV2023 (499.10) 0.00 (2,894.52) 3,438.53 0.00 912828F21 USA TREASURY 2.125% 30SEP2021 294.42 0.00 (1,718.75) 1,809.75 10,625.00 9128285F3 USA TREASURY 2.875% 15OCT2021 (517.06) 0.00 (3,398.44) 3,672.73 0.00 --~-Total Government Bonds (653.00) 0.00 (17,191.40) 17,652.00 33,125.00 21 May 4, 2021, Item #6TRANSACTION REPORT CITY OF POWAY For the period March 1, 2021 -March 31, 2021 N ..... arrade date Cusip Transaction Sec type Description Maturity Par value or Realized Principal Interest Transaction total wSettle date shares gain(loss} 0 02/28/2021 9128282D1 Income Government Bonds USA TREASURY 1.375% 08/31/2023 2,000,000.00 0.00 0.00 13,750.00 13,750.00 02/28/2021 03/04/2021 17275RAN2 Income Corporate Bonds CISCO SYSTEMS INC 3.625% 03/04/2024 1,000,000.00 0.00 0.00 18,125.00 18,125.00 03/04/2021 03/05/2021 06051 GHF9 Income Corporate Bonds BANK OF AMERICA CORP 3.55% 03/05/2024 1,350,000.00 0.00 0.00 23,962.50 23,962.50 03/05/2021 03/08/2021 3133EJFKO Income Government Agencies FEDERAL FARM CREDIT BANK 03/08/2023 1,000,000.00 0.00 0.00 13,250.00 13,250.00 03/08/2021 03/11/2021 313378CRO Income Government Agencies FEDERAL HOME LOAN BANK 03/11/2022 2,000,000.00 0.00 0.00 22,500.00 22,500.00 03/11/2021 03/12/2021 3135GOU43 Income Government Agencies FANNIE MAE 2.875% 09/12/2023 1,000,000.00 0.00 0.00 14,375.00 14,375.00 03/12/2021 03/15/2021 084670BR8 Income Corporate Bonds BERKSHIRE HATHAWAY INC 03/15/2023 1,000,000.00 0.00 0.00 13,750.00 13,750.00 03/15/2021 03/15/2021 68389XBL8 Income Corporate Bonds ORACLE CORP 2.4% 15SEP2023 09/15/2023 1,000,000.00 0.00 0.00 12,000.00 12,000.00 03/15/2021 03/24/2021 459200JY8 Bought Corporate Bonds IBM CORP 3% 15MAY2024 05/15/2024 2,300,000.00 0.00 (2,463,231.00) (25,108.33) (2,488,339.33) 03/26/2021 03/24/2021 68389XBBO Sold Corporate Bonds ORACLE CORP 2.5% 05/15/2022 (1,500,000.00) 8,046.76 1,530,045.00 13,645.83 1,543,690.83 03/26/2021 03/24/2021 68389XBL8 Sold Corporate Bonds ORACLE CORP 2.4% 15SEP2023 09/15/2023 (1,000,000.00) 32,649.14 1,037,650.00 733.33 1,038,383.33 03/26/2021 03/28/2021 3133EMBE1 Income Government Agencies FEDERAL FARM CREDIT BANK 03/28/2024 2,000,000.00 0.00 0.00 3,000.00 3,000.00 03/28/2021 03/31/2021 3133EJ2B4 Bought Government Agencies FEDERAL FARM CREDIT BANK 12/06/2023 1,000,000.00 0.00 (1,071,740.00) (9,916.67) (1,081,656.67) 04/05/2021 03/31/2021 912828F21 Income Government Bonds USA TREASURY 2.125% 09/30/2021 1,000,000.00 0.00 0.00 10,625.00 10,625.00 03/31/2021 03/31/2021 912828L57 Income Government Bonds USA TREASURY 1. 75% 09/30/2022 1,000,000.00 0.00 0.00 8,750.00 8,750.00 03/31/2021 22 May 4, 2021, Item #6ADDITIONAL INFORMATION CITY OF POWAY As of March 31, 2021 N OC>Past performance is not a guide to future performance. The value of investments and any income from them will fluctuate and is not guaranteed (this may partly be due to exchange rate changes) and investors may not get 0 back the amount invested. Transactions in foreign securities may be executed and settled in local markets. Performance comparisons will be affected by changes in interest rates. Investment returns fluctuate due to changes :;in market conditions. Investment involves risk, including the possible loss of principal. No assurance can be given that the performance objectives of a given strategy will be achieved. The information contained herein is for Oyour reference only and is being provided in response to your specific request and has been obtained from sources believed to be reliable; however, no representation is made regarding its accuracy or completeness. 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The ICE BofA 5-Year US Treasury Index is a one-security index comprised of the most recently issued 5-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 5-year note must be auctioned on or before the third business day before the last business day of the month. The ICE BofA 1-3 US Year Treasury Index is an unmanaged index that tracks the performance of the direct sovereign debt of the U.S. Government having a maturity of at least one year and less than three years. The ICE BofA 1-5 US Year Treasury Index is an unmanaged index that tracks the performance of the direct sovereign debt of the U.S. Government having a maturity of at least one year and less than five years. 23 May 4, 2021, Item #6N \0 ADDITIONAL INFORMATION As of March 31, 2021 CITY OF POWAY aInsight does not provide tax or legal advice to its clients and all investors are strongly urged to consult their tax and legal advisors regarding any potential strategy or investment. w Olnsight is a group of wholly owned subsidiaries of The Bank of New York Mellon Corporation. BNY Mellon is the corporate brand of The Bank of New York Mellon Corporation and may also be used as a generic term to reference the Corporation as a whole or its various subsidiaries generally. 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All rights reserved. 24 May 4, 2021, Item #6City of Poway Investments & Cash with Fiscal Agent; Non-Managed Investments; General, Payroll & Petty Cash ~ I I March 2021 0 .... ~ I Part I Investments & Cash with Fiscal Agents Settlement Yield to Days to ·%of Total 1 Face I: Book I Market I I Unrealized INVESTMENT DESCRIPTION Date Maturity Maturity Investment Value Value Value Gain(Loss) 1st Am Gov't Obligations Money Mkt F d 03/31/21 I 1 0.01%1 1 I , 100.00%1 $464,908.15 ) , $464,908.15 I $464,908.15 I so.oo I ] p I : I :' I . I I I l = = 1 r= =~= ~ ~ ~ ~I: -~ -~--~ -- - ~, I ·~---~ - - -=1 ·1 I I -F I!" I I I Average/Total I' 0.01%1 1 I 100.00%1 $464,908.15 I , $464,908.15 I $464,908.15 -Paying Agent or Uninvested Cash & DITs ii $0.00 -· ------~==== == ==1 ~· $464,908.15 Total Investments and Cash with Fiscal Agent I I. > ~ ~ Part II > n Non-Mana ed Investments :::c ~I. -I - 1 · 3:: Settlement Yield to Days to % of Total Face Book Market Unrealized m INVESTMENT DESCRIPTION Date Maturity Maturity Investment Value Value Value Gain(Loss) z ~ County Pool 03/31/21 I: 0.83%1 1 I 100.00%1 $115,353.68 1 = s 115,353. 68 1 s116,092.oo I $738.32 1 C I L I. I I I I Average/Total I: 0.83%1 N/A I I 100.00%1 $115,353.68 1 $115,353.68 1 s116,092.oo 1 $738.32 1 Part Ill General. Pavroll & Pettv Cash Book Value -= I General Cash (Union Bank) -i $3,412,996.00 - Payroll Cash (Union Bank) I = = =1 -$20,000.00 - Emergency Cash (Union Bank) ----= ·1 -I $10,000.00 - = -I Grant Cash (Union Bank) -$0.00 - Flexible Benefits Cash (Union Bank) - - ---$20,000.00 --I = = I Petty Cash ----I $8,600.00 - Total Cash ----l $3,471,596.00 -I = -. -- May 4, 2021, Item #7AGENDA REPORT City of Poway CITY COUNCIL DATE: May 4, 2021 TO: FROM: CONTACT: Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works i"X f Will Wiley, Assistant Director of Public Works for Maintenance Operation --(858) 668-4705 or wwiley@poway.org SUBJECT: Authorize Acceptance of Hazard Mitigation Grant Program Funding Summary: The Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) provides grants to state and local governments to implement long-term hazard mitigation measures after a presidential disaster has been declared. In California, these funds are administered by the California Governor's Office of Emergency Services (Cal OES). On March 19, 2019, the City Council authorized the submittal of an application to the HMGP made available by the Presidential Disaster Declaration DR-4382, as a result of the Northern California wildfires that occurred in 2018. FEMA and Cal OES approved HMGP funds for the City's Hazardous Tree Removal Wildfire Mitigation Project (Project). Pursuant to the FEMA grant requirements, there is a 75/25 cost share. Acceptance of the HMGP funds will enable the City to recover expenses to complete the project and receive reimbursement from FEMA through the State of California. Recommended Action: It is recommended that the City Council: 1) Adopt a Resolution authorizing the City Manager or designee to execute any necessary documents with FE MA/Cal OES to accept and expend HMGP grant funding in an amount not to exceed $1,901,866; 2) Authorize the Finance Director or designee to make a budget adjustment recognizing the Phase 1 award of $183,875 from the HMGP funds and appropriating and transferring $183,875 to the HMGP Project account (MSC0009); and 3) Authorize the Finance Director or designee to make future budget adjustments and transfers recognizing future allocated HMGP funds and appropriating them to the HMGP Project account. 1 of 9 May 4, 2021, Item #7Discussion: Cal OES is eligible for FEMA HMGP funding following a presidential declaration of a major disaster. The HMGP is an important source of assistance to help strengthen communities by providing funding for projects that reduce or eliminate the impacts of future disasters. On March 19, 2019, the City Council authorized the submittal of a HMGP application via Cal OES. Additionally, at this meeting the City Council authorized matching funds in the amount of $500,000 from the General Fund to meet the local 25 percent match required by the HMGP application. At the end of 2020, FEMA, and Cal OES approved HMGP funds for the Project. The Project's scope of work consists of removing hazardous trees and trimming of trees on Twin Peaks Road between Pomerado Road and Midland Road, Espola Road between Valle Verde Road and Titan Way, and trees and vegetation in open space areas within the Green Valley Subdivision. The Project's objective is to reduce overall fuel loads and create defensible space/fuel breaks to protect homeowners and create safer evacuation corridors. Wildfire is a major hazard in the community and Poway's fire history is significant. The proposed Project areas are less than two miles from the Wildland Urban Interface Zone and would be a crucial means to mitigate against future wildfires. Prior to any tree removal, the City will assess approximately 13,800 trees within the project area to identify vulnerable and high-risk trees based on industry standards and complete state and federal environmental permitting requirements. FEMA requires projects to be completed within 36 months of FEMA approval. HMGP grants are structured as reimbursement, cost-share grants, meaning 75 percent is federally funded and 25 percent is locally funded. The Project's overall budget is approximately $1,901,866. FEMA and Cal OES will issue funding in separate phases. The City has been approved for the first phase, which consists of a tree inventory, assessment, and environmental permitting. FEMA's allocation is $137,906.25 (federal share of 75 percent). Poway's share of 25 percent is $45,968.75 and will come from General Fund unassigned fund balance. While the subsequent phase amounts are unknown at this time, it is anticipated that the total federal share for the project will be approximately $1,426,399.50 and the required local match will be approximately $475,466.50. The local $500,000.00 match will be less the than amount originally authorized by Council at the March 19, 2019 Meeting due to the Project's scope and costs not having been finalized by the time the application was submitted. Staff requests the City Council authorize the acceptance of current and future allocated funds for the City's H MGP Project, H MGP-4382-199-12R, and authorize the Finance Director or designee to appropriate $183,875 (federal share of $137,906.25 and local match of $45,968.75) to Project MSC0009 (Hazard Mitigation Program). Lastly, staff requests authorization to appropriate additional allocated HMGP funds to Project MSC0009 for the specified project purposes. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The total Project cost is $1,901,866. The federal match for the project is $1,426,399.50 and the City's local match is $475,466.50. An appropriation and transfer from General Fund unassigned fund balance to the Hazard Mitigation Program Project account, MSC0009 of $183,875 is requested for 2 of9 May 4, 2021, Item #7Phase 1. This represents the FEMA share of $137,906.25, which will be covered by the General Fund until reimbursed by FEMA, and local share of $45,968.75. Sufficient funds are available for this request. Staff also requests Council authorize the Finance Director or designee to appropriate and transfer the remaining HMGP federal and local shares to the Hazard Mitigation Program Project account as subsequent phases are approved by FEMA. Public Notification: None. Attachments: A. Resolution B. Notification of Sub-application Approval Reviewed/ Approved By: Assistant City Manager 3 of9 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager May 4, 2021, Item #7RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING ACCEPTANCE OF GRANT FUNDING FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN THE AMOUNT OF $137,906.25 OR MORE, IF AVAILABLE; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE ANY NECESSARY DOCUMENTS TO MEET THE GRANT REQUIREMENTS AND TO COMPLETE THE HAZARDOUS TREE REMOVAL WILDFIRE MITIGATION PROJECT WHEREAS, the Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grant Program (HMGP) provides funding to state and local governments to implement long-term hazard mitigation measures after a Major Disaster declaration to reduce the loss of life and property due to natural disasters, as authorized under Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; WHEREAS, in California, the HMGP is administered by the California Governor's Office of Emergency Services (Cal OES); WHEREAS, as a result of the declaration of a major federal disaster for DR-4382, the State of California is eligible for HMGP funding to reduce or eliminate future disasters; WHEREAS, on March 19, 2019, the City Council adopted Resolution 19-016, authorizing the City Manager to submit a letter of commitment of matching funds of $500,000 and authorized the submittal of the City's HMGP application for Hazardous Tree Removal Wildfire Mitigation Project (Project); WHEREAS, the Project proposes to reduce fuel loads and create defensible space/fuel breaks to protect homeowners from wildfires within the City by removing high risk trees and vegetation; WHEREAS, on November 3, 2020 and November 9, 2020, FEMA and Cal OES, respectively, approved the City's Project and awarded the City grant funds in the amount of $137,906.25 with required local matching in the amount of $45,968.75 to be used on Phase 1 of the Project; and WHEREAS, the total cost for the Project is estimated to be $1,901,866, with a federal share of $1,426,399.50 and a local share of $475,466.50, and unless an extension is duly granted must be completed on or before November 3, 2023. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Council desires to accept the grant funds from FEMA to be used for the Project and to authorize the City Manager, or designee, to execute all necessary documents with FEMA/Cal OES, including but not limited to, applications, agreements, and payment requests, to meet the grant requirement and to complete the Project in compliance with the grant requirements. 4of9 ATTACHMENT A May 4, 2021, Item #7SECTION 2: The City Council hereby accepts the award of the Hazard Mitigation Grant Program Funds HMGP-4382-199-12R from FEMA in the amount of $137,906.25 including all succeeding grants funds to be used for the Project and authorizes the expenditure of grant funding in an amount not to exceed $1,901,866. SECTION 3: The City Council authorizes the Finance Director or designee to appropriate and transfer $183,875 from General Fund unassigned fund balance to Project MSC0009 (Hazard Mitigation Program) for the Phase 1 award. SECTION 4: The City Council authorizes the Finance Director or designee to make the necessary future appropriations and transfers from General Fund unassigned fund balance to Project MSC0009 as future grant phases are awarded. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on 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 of9 May 4, 2021, Item #7GAVIN NEWSOM GOVERNOR November 9, 2020 Eric Heidemann Director, Public Works Poway, City of 13325 Civic Centre Drive Poway, CA 92064 OCalOES OOVERNOR·S OFFICE OF EMERGENCY SERVICES Subject: Notification of Subapplication Approval Hazard Mitigation Grant Program FEMA-4382-DR-CA, Project #PJ0l 99, FIPS #073-58520 Dear Mr. Heidemann: MARKS. GHILAR0UCCI DIRECTOR The California Governor's Office of Emergency Services (Cal OES) received notification that the Federal Emergency Management Agency (FEMA) has approved your organization's subaward application in the amount of $137,906.25. A copy of the FEMA award package is enclosed for your records. In order to receive payment as a grant subrecipient, your organization must have the following on file with the Recovery Financial Processing Unit: • A valid, current ( approved within the last 3 years) Governing Body Resolution • A Project Assurances for Federal Assistance agreement • A Supplemental Grant Subaward Information sheet • A current Federal Funding Accountability and Transparency Act (FFATA} Financial Disclosure form. This form must be submitted each fiscal year. • An active DUNS Number registration with the federal System for Award Management (SAM) website. The registration must remain active for the duration of this grant subaward. For your convenience, this subapplication approval package includes the required post-obligation documents as well as guides to completing and renewing a SAM registration. Please complete the documents and mail copies to the address listed at the end of this letter, keeping the originals with your records. Alternatively, you may scan and email the completed documents to the Recovery Financial Processing Unit at HMGrantsPayments@CalOES.ca.gov. Electronic copies of the post-obligation documents can also be requested at the same address. 6 of9 ATTACHMENT B May 4, 2021, Item #7Mr. Heidemann November 9, 2020 Page 2 Payments will be made on a reimbursement basis using the enclosed Hazard Mitigation Reimbursement Request Form. A ten percent { l 0%) retention will be withheld from all reimbursement payments and will be released as part of the subaward closeout process. Reimbursements can be made only for items listed on the approved subaward application. Expenditures for any other work should be separately maintained and are the sole responsibility of the subrecipient. Any funds received in excess of current needs or approved amounts, or those found owed as a result of a final inspection or audit, must be refunded to the State within 30 days of receipt of an invoice from Cal OES, When mailing documents to the Recovery Financial Processing Unit, please use the following address: California Governor's Office of Emergency Services Attention: Recovery Financial Processing Unit 3650 Schriever Avenue Mather, CA 95655 For further assistance regarding post-obligation documents or the reimbursement request process, please contact the Recovery Financial Processing Unit at {916) 845-8110. For program-related questions, please contact the Hazard Mitigation Grants Programs Unit at (916) 845-8150. Recovery Financial Processing Unit Enclosures c: Applicant's File *The Recovery Financial Processing Unit has a universal Resolution, passed on 05/02/2017, on file. A copy of the resolution is included in this package for your review. With your permission, the resolution can be applied to this project. 7of9 3650 SCHRIEVER AVENUE • MATHER, CA 95655 RECOVERY FINANCIAL PROCESSING UNIT (916) 845-81 10 May 4, 2021, Item #7. . Ocpanmcnt of Homeland Sccudl)' I! 11 B oad, ay, uite 1200 0 kl· nd. CA 607-4052 ,)~,j. ~111; FEMA ( ,v !t\..' November 3, 2020 Mark . Ghilarducci Governor s uthorized R pre California Office of Emergency 3650 Schriever venue Math r, CA 95655 R fer nee: Application pproval for Pha H GP-4382-199-12R City of Poway RECEIVED ov 04, 2020 721903 Financial Processing Unit H ard u Tree Remo aJ Mitigation Project (Phase 1) uppl m nt #28 FlPS #073-58520 D ar Mr. GhiJarducci: The Federal merg ncy Management Agency (FEMA) has approv d and i sued Hazard Mitigation Grant Program HMGP) funds for th ity of Poway (subrecipient)t H GP-4"82-199-12R, City of Po ay Hazardous Tree Removal Mitigati n Pr j t (Pha 1 ) .. Th total eligible costs for Phase l ar $1831875.00. As sho,vn in the enclo d upplement #28 bligation R port," e have obligated $137,906.25 for up to 75 percent federal shar · the non-Federal share match i $45,968.75 .. These funds ar availabl in SmartHnk for ligible disbursements. hi HMGP grant approval and obligation of funds ar subje ~ t to the follO\,ving: 1. Scope of Work (SOW) -: h Phase 1 acti ities will includ completion of an inventory and as e roent of tre s ·within the project ar a including a title search for all affected trees. ubsequently. a tree risk assessment perform cl by a certifi d arborist will be completed to identify vulnerable and high-risk tree . 2. Budget Revisions and Co t Overrun -In accordance· with the 2015 Hazard Mitigation Assistanc Unifi d Guidance Part VI D.3, when budget change are made, all programmatic equirements continu to apply. Additional information regarding budget adjustme 1ts and revision can be found in 2 CFR Part 200.308. T e Recipient must obtain FEMA's prior writt n approval for any budget revisions. 8of9 May 4, 2021, Item #7o emb r 3, 2020 Page 2 3. Completion Date -The w rk schedule in the application states tl e activity completion time frame is 15 months. W will annotate F bruary 3, 2022 as the project completion date for Phase 1. Please inform the subrecipient that work completed after this date is n t cligibl for federaJ fundi g and federal ind may be de-obligated for work not completed \Vithin schedule for hich there is no approved time xtension 4. National Environmental Policy Act (NEPA) -This project has be n d termined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental ssessment in accordance with FE tfA Instruction 108-1-1 and DHS Ins ruction Manual 023-01-001-01. Cat gorica1 Exclusion 8 has been applied. 5. This award of funds i.s subject to the enclosed tandard Hazard Mitigation Grant Program Condition , amended August 2018. ed ral fund may be de-obligated for\ ork that does not comply with these conditions. If au ha any questions r n d forth r assistanc please contact me, or your staff may contact Aaron Lim Hazard Mitigatio Assistanc Specialist at Aaron.Lim@ema.dhs.gov (510)-627-7036. cc: Karen Jones, Cal OES Emily Winchell, Cal OES Robi.n Shepard, Cal OES Monika Saputra, Cal OES Enclosures (4): EMIS Obligation Report EMIS Project Management Report for Sincerely Digitally signed by f7 1 r_ ;/1 t: ( \ ROBERT P MCCORD { ~ f, ( ~ Date: 2020.11.04 , O:39:oa -os·oo· David Stearrett Acting Director Mitigation Division F MA Region IX Record of Environmental Considerations (REC) Standard HMGP Conditions 9of9 May 4, 2021, Item #8DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway May 4, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services.fA/\ Henry Trang, Senior Civil Engineer (858) 668-4602 or htrang@poway.org CITY COUNCIL Award of Contract to Blue Pacific Engineering & Construction for the Exposed Sewer East of Martincoit Project; Bid No. 21-012 This action will award a construction contract for the Exposed Sewer East of Martincoit Road project. This project involves the replacement of the existing exposed sewer main behind residences east of Martincoit Road and within an existing creek that runs between Martincoit Road and Jackrabbit Road. Recommended Action: It is recommended that the City Council: 1. Appropriate $115,000.00 from Sewer fund balance (5200) to the Exposed Sewer East of Martincoit project account (SWR0005); and 2. Award the contract for the Exposed Sewer East of Martincoit to Blue Pacific Engineering & Construction, the lowest responsible and responsive bidder, in the amount of $1,034,000.00. Discussion: This project was identified by staff as a priority project after a section of sewer main crossing an existing creek that runs between Martincoit Road and Jackrabbit Road was found to be exposed. Erosion in the creek had exposed the pipeline leaving it susceptible to a sewer spill in the creek should it become damaged. The existing sewer will be abandoned in place. The new alignment will install approximately 560 lineal feet of 8-inch polyvinylchloride (PVC) pipe further away from the creek, within new easements. The project also involves a trench less pipe installation of approximately 73 linear feet at the creek crossing. The project will involve pipe installation, sewer bypassing, dewatering, fencing replacement, and tree removals. The contract time for this project is 80 working days with an Engineer's Estimate of $1,000,000. Bids were opened on April 13, 2021. The following five bids were received: 1 of 11 May 4, 2021, Item #8Company Total Bid Amount Blue Pacific Engineering & Construction $1,034,000.00 sew Contracting Corp. $1,199,730.00 CCL Contracting Inc. $1,464,573.00 LB Civil Construction, Inc. $1,518,422.00 DB Pipeline, Inc. $3,152,100.00 Due to the depth of the sewer installation and the project's proximity to an existing creek, the Engineer's Estimate for construction at the completion of design was higher than originally anticipated at the time of project budgeting. Therefore, additional funding is needed for soil/materials testing, environmental monitoring, and to allow for 10% contingency during construction. Sufficient funds exist in the unappropriated Sewer Fund balance (F5200-89010) for the additional funding. Environmental Review: The proposed sewer replacement project is a Class 2 Categorical Exemption, pursuant to Section 15302(c) of the CEQA Guidelines, in that the project consists of replacement or reconstruction of existing utility systems and/or facilities where the new utilities/facilities will be located in the same area as the replaced systems/facilities and will have substantially the same purpose and involve negligible or no expansion of capacity. Fiscal Impact: Approval of staff recommendation authorizes the appropriation of $115,000.00 from Sewer fund balance (Fund 5200) to the Exposed Sewer East of Martincoit project account (SWR000S), bringing the total funds available for this project to $1,200,820.84. Sufficient funds are available for this request. Public Notification: Blue Pacific Engineering & Construction, 7330 Opportunity Road, Suite A, San Diego, CA 92111 Attachments: A. Contract Reviewed/ Approved By: w~dyaserman Assistant City Manager 2 of 11 Reviewed By: Alan Fenstermacher City Attorney Approved By: ~ City Manager May 4, 2021, Item #8SECTION 8 CONSTRUCTION CONTRACT CITY OF POWAY EXPOSED SEWER EAST OF MARTINCOIT This Contract made and entered into this 5th day of May 2021, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Blue Pacific Engineering & Construction, hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows: 1. The complete Contract includes all of the Contract Documents, which are 2. 3. 4. 3 of 11 incorporated herein by this reference, and include: a. This Contract b. Contract Addenda c. Contract Change Orders d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications f. Contract Plans g. General Condition h. Special Conditions i. Standard Specification for Public Works, most current edition, The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: the replacement of the existing exposed sewer main behind residences east of Martincoit Road and within an existing creek that runs between Martincoit Road and Jackrabbit Road. The entire alignment of the project is located exclusively behind residential properties and south of Painted Rock Elementary School. The existing 8-inch polyvinylchloride (PVC) pipe will be replaced with an 8-inch (approximately 557 lineal feet) PVC pipe. The project also involves the installation of a trenchless creek crossing (approximately 73 lineal feet). The project will involve sewer bypassing, dewatering, tree removal, fencing, and coordination with the local community. 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, ATTACHMENT A 1 May 4, 2021, Item #8the work hereinafter set forth in accordance with the Contract adopted by the City Council. 5. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $1,034,000.00 the "Contract Price." 6. 7. 8. 9. 10. 11. 4 of 11 City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions. Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 80 Working Days after the date specified in the Notice to Proceed. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum: $500 per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects. Travel and subsistence pay shall be paid in accordance with Labor Code § 1773.1. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and § 1812 2 May 4, 2021, Item #8which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him in connection with the work performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code§ 1813. 12. Contractor will comply with the provisions of Labor Code § 1777 .5 pertaining to the employment of apprentices to the extent applicable to this Contract. 13. Contractor, by executing this Contract, hereby certifies: "I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. 14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City. 15. a. Contractor shall procure and maintain at its own expense, until completion 5 of 11 of performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period. b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its 3 May 4, 2021, Item #86 of 11 officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement. c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same. Worker's Compensation Insurance: o Contractor has no employees and is exempt from workers' compensation requirements. o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class 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 May 4, 2021, Item #816. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City. b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors. d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits. e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors. 17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, 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. 18. Any amendments to any of the Contract Documents, including but not limited to 7 of 11 Contract Change Orders, must be in writing executed by the Contractor and the 5 May 4, 2021, Item #819. 20. 21. 22. 23. 24. 25. 26. 27. 8 of 11 City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective. The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor 6 May 4, 2021, Item #8shall immediately give notice thereof, including all relevant information with respect thereto, to City. 28. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. 29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. 30. a. Contractor shall, without disturbing the condition, notify City, in writing, as soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order. d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. 31. This Contract is to be governed by the laws of the State of California. 32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment. 9 of 11 7 May 4, 2021, Item #8City 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 May 4, 2021, Item #8IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written. Contractor's Name: Print Name of Construction Company By: Signature Print Name Contractor information: Address for Notices and Payments Telephone Number: ______ _ Email: ------------ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP Alan Fenstermacher, City Attorney 11 of 11 CITY OF POWAY a Municipal Corporation Chris Hazeltine, City Manager 9 May 4, 2021, Item #9 DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway May 4, 2021 Honorable Mayor and Members of the City Council Wendy Kaserman, Assistant City Manager Wk... Roger Morrison, Senior Management Analys f.,v (858) 668-4581 or rmorrison@poway.org CITY COUNCIL Award of Contract to Bellingham Marine Industries, Inc., for the Dock Repair Project In December 2020, multiple storms with high winds damaged portions of the boat dock at Lake Poway that were not part of the 2017 dock replacement project. Staff is currently working with the contractor that constructed the dock in 2017, Bellingham Marine Industries, Inc., to draft a contract to perform the specialized repair work and ensure that in doing so no additional damage is done to the new dock. Recommended Action: It is recommended that the City Council authorize the Finance Director or their designee to appropriate up to $100,000 to account 202020-41200 based on the final contract amount, waive the formal bidding procedure described in Poway Municipal Code Chapter 3.28, award the contract for dock repair to Bellingham Marine Industries, Inc., in an amount not to exceed $100,000 due to the specialized nature of the work, and authorize the City Manager to execute all necessary documents associated with the contract. Discussion: The concrete boat dock at Lake Poway was constructed in 2017 to replace a wooden dock that had reached the end of its useful lifespan. To keep the project within budget, the City utilized the existing gangway and the anchors in the lake that hold the dock in place. In December 2020, a storm with high winds caused the dock to break away from one of the old anchors, which resulted in additional movement of the dock. A second storm a few weeks later caused the gangway to rip off the front of the dock, leaving only the waterline and electrical wiring connecting the dock and the gangway. This also resulted in large pieces of concrete becoming detached from the front of the dock. For public safety, the dock has been closed since that time. Repair will require installation of a new gangway connection bracket to the front of the concrete boat dock using the post-tension thru-rod connections, as well as replacement of the broken anchor. Dock 1 of 2 May 4, 2021, Item #9 repair is a specialized procedure, and any attempt to de-tension the match-cast system could be detrimental to the entire floating boat dock system. For this reason, staff has determined it would be in the best interest of the City to have the repair conducted by the company that originally constructed the dock, Bellingham Marine Industries, Inc. As such, staff recommends waiving the formal bidding procedure described in the Poway Municipal Code Chapter 3.28 and awarding the contract to Bellingham Marine Industries, Inc. Staff has been working with Bellingham to finalize a contract, and is seeking approval in advance of the finalization of the contract in order to expedite the repair, which is considered an emergency repair. This is primarily to ensure that staff can move forward with the project once the amount and contract are finalized and do not need to wait until the next City Council meeting for approval. Staff recognizes that the public is anxiously awaiting the dock repair so they will once again have the opportunity to fully enjoy Lake Poway and all of its amenities, including boating. Reopening the dock will also restore the revenue stream provided by boat rentals, as well as potentially increasing revenue from fishing licenses. Historically the months of January through April have generated over $45,000 in boating revenue alone. Because the repair was not anticipated, no budgeted funds are currently available. Staff recommends Council approval of an appropriation of up to $100,000 from the General Fund unassigned fund balance. Staff further recommends authorizing the Finance Director or their designee to appropriate up to the $100,000 based on the final contract amount. Environmental Review: The dock repair is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 (d) of the CEQA Guidelines, in that it involves the rehabilitation of a damaged boat dock that will meet current public health and safety standards. No permits from any resource agencies are required. Fiscal Impact: Council approval of staff recommendation would result in an appropriation of up to $100,000 from General Fund unassigned fund balance. Staff recommends authorizing the Finance Director or their designee to appropriate up to $100,000 to account 202020-41200 based on the final contract amount. Sufficient funds are available for this request. Public Notification: None. Attachments: None. Reviewed/Approved By: '{~~ Wendyserman Assistant City Manager 2 of 2 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway May 4, 2021 Honorable Mayor and Members of the City Council Vaida Pavolas, City Clerk (858)668-4535 or vpavolas@poway.org CITY COUNCIL Second Reading and Adoption of Ordinance No. 847 entitled "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" The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on April 20, 2021. There were two speakers. Six people submitted a written comment via email. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Recommended Action: MULLIN, FRANK, GROSCH, LEONARD, VAUS NONE NONE NONE NONE It is recommended that the City Council adopt Ordinance No. 847. 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 1 of 4 May 4, 2021, Item #10 to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. Fiscal Impact: None. Public Notification: A public hearing summary notice was published in the Poway News Chieftain on Thursday, April 8, 2021. An ordinance summary notice will be published in the same publication on Thursday, April 29, 2021. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933. Attachments: A.Ordinance No. 847 Reviewed/ Approved By: Assistant City Manager 2 of4 Reviewed By: Alan Fenstermacher City Attorney City Manager May 4, 2021, Item #10 May 4, 2021, Item #10 May 4, 2021, Item #10 May 4, 2021, Item #11DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway May 4, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Servicesp Oda Audish, Associate Planner 858-668-4661 or oaudish@poway.org CITY COUNCIL Variance 21-001; a request to allow a mail room structure to observe a reduced front yard setback at 12421 Aria Court. APN: 317-534-43 The applicant is requesting a Variance to allow a proposed 120-square foot mailroom located at 12421 Aria Court to observe a four-foot front yard setback when 40 feet is required. The required findings to support the Variance can be made based on unique circumstances applicable to the property. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: The applicant is Mostafa Panah, and the property owner is Navak, LLC. The project site is an approximately 5.2-acre open space lot (Lot 8) located at 12421 Aria Court and is zoned Rural Residential A (Attachment 8). The project site is located between Aria Court on the east side and Pomerado Road on the west side and borders existing single-family residences on the north side and commercial development on the south side. Across Aria Court to the east, seven single-family homes are under construction. The property owner has applied for a Variance to allow for a 120-square-foot mailroom to observe a four-foot front yard setback. On September 18, 2018, the City Council approved Tentative Tract Map (TTM) 17-003 and Development Review (DR) 18-003, a seven-lot, single-family residential development known as Aria Estates. The subdivision also included two lettered lots. Lot A was the private street (Aria Court) and Lot B was an open space lot to be privately owned and maintained by the Homeowner Association (HOA) for Aria Estates. The purpose of the open space is to retain its natural state and provide a common area for the Aria Estates residents. Because the subdivision was subject to Proposition FF, adopted by the Poway voters in 1988, a condition of approval in the TTM 17-003 established an open space easement over Lot B that limits the use on the property to landscaping, stormwater treatment 1 of 10 May 4, 2021, Item #11facilities, and low intensity recreational uses. The easement also requires a Conditional Use Permit to be obtained for recreational development such as a common pool and pool house. The easement will not allow any further residential development. The open space Lot B contains varied topography and consists primarily of a large knoll that has been partially impacted by excavations in the early 1960s and more recently in connection with the development of the Aria Estates development. The base of the knoll facing Pomerado Road has been regraded to facilitate new landscaping along the street as required with the approval of TTM 17-003/DR 18-003. The base of the knoll facing Aria Court was regraded in order to accommodate the street, sidewalk, and stormwater treatment improvements for the subdivision. The seven homes within the subdivision are currently under construction. The post office requires that a cluster mailbox facility be installed for the future residents in Aria Estates. Some cluster box facilities consist of attaching individual mailboxes in an array that is mounted on a metal pole. The applicant is proposing to construct an enhanced version of a cluster mailbox, consisting of a mailbox array attached to a small building that will also provide additional indoor space for secure storage of package deliveries. The applicant also has plans to use a portion of the building as a tool shed for equipment used by the HOA to maintain landscaping in Lot B. The mail room is not in conflict with the open space designation. The mailroom building measures 120 square feet in size and approximately 11.5 feet high. The mailroom does not require a building permit but does require a variance because of where it is located. The applicant began construction of the structure at a convenient location for future residents, four feet from the front property line when 40 feet is required. The applicant is requesting a variance to allow the mailroom to observe a four-foot front yard setback. Chapter 17.40.070 of the PMC contains a provision whereby the City Council can allow a Variance from the terms of the Zoning Code because of special circumstances applicable to the property, which makes the strict application of the Code burdensome and restricts property rights that are enjoyed by others in the surrounding neighborhood. Variances may be granted only when the City Council determines that the granting of such a variance will not be contrary to the title and purpose of Chapter 17.40 of the PMC, and that other required findings for granting a variance can be made. The site plan and elevations are included as Attachment C and D. The required findings can be made to support the Variance based on the fact that the following unique circumstances exist on the property, which make the strict application of the Zoning Code burdensome: 2 of 10 Lot B is a common area open space lot and the proposed structure provides a necessary service for the residential neighborhood. A small accessory structure is often found in common areas of a residential neighborhood. The requested mailroom location is in a level area that has already been disturbed by grading and construction activities, and it is conveniently located in a central location and close to the street. Locating the mail room out of the 40-foot front yard setback, as shown on Attachment E, Could result in extensive grading due to steep slopes, habitat impacts, and/or interference to a required stormwater treatment facility. None of these locations would be convenient for the residents. The reduced setback would not create a negative visual impact. The mailroom is a small structure located in a common area and is primarily visible from homes within the Aria May 4, 2021, Item #11Estates subdivision who benefit from the structure. The nearest home outside the Aria Estates is approximately 250 feet from the mailroom. As seen from the adjoining neighborhood, the building will visually blend in with the two-story homes in Aria Estates given the low profile and matching materials and colors. Staff supports the request to allow the mailroom to observe a reduced setback as requested. The required findings to grant the Variance can be found in the attached Resolution. Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) as Class 5 Categorical Exemption, Section 15305, in that the project involves a variance to reduce the front yard setback and will not result in changes in land use or density. Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway New Chieftain on April 22, 2021. A public notice was mailed to property owners and occupants located within 500 feet of the project site. A Notice of Pending Development Application was posted at the entry to Aria Estates and visible from Danes Road. Attachments: A. Resolution B. Zoning and Location Map C. Site Plan D. Elevation and floor Plan E. Aerial Showing Required 40-Foot Setback Area Reviewed/ Approved By: Assistant City Manager 3 of 10 Reviewed By: Alan Fenstermacher City Attorney May 4, 2021, Item #11RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING VARIANCE 21-001 TO ALLOW A MAILROOM TO OBSERVE A REDUCED FRONT YARD SETBACK; ASSESSOR'S PARCEL NUMBER 317-534-43 WHEREAS, Variance (VAR) 21-001, submitted by Mostafa Panah, applicant, and Navak, LLC, property owner, requests approval to allow a proposed 120-square foot mailroom located at 12421 Aria Court in the Rural Residential Zone A (RR-A) zone to observe a four-foot front yard setback when 40 feet is required. The mailroom will serve the Aria Estates neighborhood currently under construction; WHEREAS, on May 4, 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 and mailroom details for this Variance request included in the agenda report are incorporated by reference herein as Exhibit A; WHEREAS, the City Council has read and considered the agenda report for the proposed Variance request and has considered other evidence presented at the public hearing; and WHEREAS, the Poway Municipal Code (PMC) establishes findings required for granting a Variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 5 Categorical Exemption, Section 15305, in that the project involves a variance to reduce the front yard setback and will not result in changes in land use or density. SECTION 2: The findings, in accordance with Section 17.50.050 of the PMC, to approve VAR 21-001, are made as follows: A. That there are special circumstances applicable to the property and because of this the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity with the identical zoning classification. The 5.2-acre site is an open space lot dedicated to the City of Poway which serves as a common area for the Aria Estates residents and allows for the installation and maintenance of landscaping, stormwater treatment facilities, and fencing subject to City approval. A cluster mailbox facility is commonly found near the street in a newer neighborhood. The cluster mailroom structure for the Aria Estates would allow for packages delivered to the neighborhood to be secured within the building. A mailroom building adhering to the required 40-foot front yard setback area would result in extensive grading due to steep slopes, habitat impacts, or interference to a required stormwater treatment facility. B. Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same vicinity and zone, and denied to the property for which the Variance is sought, in that a cluster mailbox facility is common 4 of 10 ATTACHMENT A May 4, 2021, Item #11Resolution No. 21-Page 2 in a newly developed residential neighborhood, near a street, and at a convenient location for the residents served by the facility. C. Granting the Variance would not be materially detrimental to the public health, safety or welfare of the community in that the setback of the proposed mailroom structure would allow residents to pick up their mail without creating a conflict with vehicular or pedestrian traffic in the street. Furthermore, the structure will not visually detract from the overall appearance of the residential development in the new subdivision in that the small and low-profile structure is located approximately 250 feet away from existing residences in the neighborhood to the east (most adjacent). As seen from the adjoining neighborhood, the building will visually blend in with the two-story homes in Aria Estates. D. Granting the Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that a curbside cluster mailroom facility is common in a newer residential neighborhood. The enhanced cluster mailroom building would allow for packages delivered to the neighborhood to be secured within the building. E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the zoning development regulations governing the property in that cluster mailroom facilities are often found in a common area of a residential neighborhood. F. Granting the Variance will be compatible with the City of Poway General Plan because although the mailroom would encroach into the front yard setback, it is a low profile, small structure which will complement the overall neighborhood, serve the needs to the residents, and would not visually detract residents living in the surrounding neighborhood with negligible impacts to open space preservation. SECTION 3: The City Council hereby approves VAR 21-001 as shown on the site plan, floor plan, and elevations incorporated herein by reference and stamped as "Exhibit A" and dated May 4, 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, 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 Variance shall apply only to the subject project and shall not waive compliance with all other sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of Building Permit issuance. 5 of 10 May 4, 2021, Item #11Resolution No. 21-Page 3 C. Within 30 days of the date of this approval the applicant shall submit in writing that all conditions of approval have been read and understood. D. The conditions of VAR 21-001 shall remain in effect for the life of the subject structures and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. The four-foot front yard setback approved with VAR 21-001 applies to the mailroom only as shown on the approved Exhibit A. F. Prior to the release of occupancy for the fourth home within the Aria Estates subdivision, the mailroom shall be developed in substantial conformance with the approved plans on file in the Development Services Department and the conditions contained herein to the satisfaction of the Development Services Director. A final inspection from the appropriate City departments will be required. SECTION 4: 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 4th day of May, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 6 of 10 May 4, 2021, Item #111---__._,RJMBACH R RS-4 co RS-4 N $ 0 70 140 --280 Feet ---7 of 10 Sub AP 5:7-----.J ~----1 CITY OF POWAY Zoning I Location Map Item: VAR21-001 ATTACHMENT B May 4, 2021, Item #11• I I I I I I ). I I ---8 of 10 . . . . ·v: .. · .. ··.·· .. ·· ... ··.· . . . . . . ·. . . : . .. : . : :: . . . . . .· . . ·. . . . ATTACHMENT C ::>·. :Q.: ·o;: : -~::(:: ,. --.· . o::· .· . . . . : <C< May 4, 2021, Item #11\0 R~HT C'ii3" -0 Finish CLG HT 8'-9" ELECTRICAL PANEL Fin l'loor 0'-0" )> -i -i )> n J: s: m z -i C STUCCO D South Elevation z-m Section AA 2'-11" i .; {; j ' a;, 00 2" I l'-0" DJ East Elevation 15'-0" ~r,~•lli•~- 2" I 1'-0" Roof Plan !1 ';a .!: i 0 ] v;, S!: TILE 2'-11" { t-----------+--~ Roof HT 11'-3" Finish CLG HT 8'-9" STUCCO MAILBOXES Natural Grade <1 North Elevation 12'-0" l'-6" :c:J,,Fd'-~4;1 ELECTRICAL PANEL " ..§· r -E ~r l . lldm -O~~;h;;s i;~~ 15'-0" S' j s r 1 0 c:/) ~ 0 a:l l ,-..l ~ ~ Fin Floor 0'-0" [ A~~A~~L:ETE Pow.-y,CA Project Accessory Building Mail Room Aria Cowt Poway. CA 92064 OATE:03117/2021 Project Number Drawn By Au<hor Checked By Checker Approved By App,""" Sheet Title Accessory Building Plan Accessory Building Floor Plan <J 1-----1 ~~~1.1 May 4, 2021, Item #1110 of 10 ATTACHMENT E May 4, 2021, Item #12DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway May 4, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Servicesp.AA. Tracy Beach, Senior Civil Engineer rE:> (858) 668-4652 or tbeach@poway.org Los Penasquitos Lagoon Restoration Project CITY COUNCIL The City of Poway is located in two watersheds, Los Penasquitos and San Dieguito and is subject to requirements listed in the current version of the National Pollutant Discharge Elimination System (NPDES) permit for discharges of storm water from their municipal separate storm sewer systems or MS4s. The NPDES permit is regulated by the Regional Water Quality Control Board (RWQCB). The City has participated in development of Water Quality Improvement Plans (WQIPs) for each watershed in collaboration with the other responsible agencies (Copermittees) in each watershed. The Los Penasquitos Lagoon Restoration project (Restoration Project) is one of the compliance pathways identified in the Los Penasquitos WQIP to address excessive sediment that has been deposited in the lagoon over time. Poway staff presented the Restoration Project to the City Council in January 2021 and received direction to continue negotiating the cost share agreement for the project with the other Copermittees. This report presents the results of the negotiations completed by staff and provides the proposed final Cost Share Agreement for execution. Recommended Action: It is recommended that the City Council receive the report, authorize the City Manager to execute the Phase I Cost Share Agreement (Attachment A) for the Los Penasquitos Lagoon Restoration Project, and authorize the City Manager to appropriate funds. Discussion: As a part of the Clean Water Act (CWA), the Los Penasquitos Lagoon is listed as an impaired waterbody for sedimentation and siltation. Pursuant to the CWA, each state is required to identify impaired waters and establish a total maximum daily load (TMDL) for pollutants. A TMDL establishes the maximum amount of a pollutant allowed in a waterbody and serves as the starting point for restoring water quality. In June 2012, the Regional Board issued the TMDL for Sedimentation in the Los Penasquitos Lagoon (Sediment TMDL). The Sediment TMDL for the Lagoon established a baseline 1 of 17 May 4, 2021, Item #12sediment load from the 1970s, which was prior to the intense development of the watershed. Each jurisdictions' share of required sediment reduction was calculated separately by modeling the watershed and the lagoon. The total sediment load reduction target is approximately 67 percent. Poway's reduction was calculated to be 320 tons of sediment per year. The Sediment TMDL identifies two options to demonstrate compliance: 1. the successful physical restoration of 346 acres of lagoon salt marsh habitat; or 2. implementation of Los Penasquitos WQIP measures to reduce sediment affecting 346 acres and achieve lagoon salt marsh habitat restoration. Full implementation of the Sediment TMDL must be completed by 2035. The Restoration Project is a regional effort created to try to meet the requirements set forth in the Sediment TMDL, Option 1 listed above. Since it may be difficult to prove that sediment load reductions, via Option 2, will restore the Lagoon so there is a total of 346 acres of salt marsh habitat, the Copermittees chose the Restoration Project to ensure the restoration and ultimately, compliance with the Sediment TMDL. The Restoration Project has been separated into two phases. Phase 1 of the project restores the area southwest of the railroad berm and provides guidance for restoration planned under Phase 2. Phase 2 covers the larger area of the lagoon northeast of the railroad berm and will include lessons learned from Phase 1. Phase 1 includes management of existing sediment, removing the large population of non-native vegetation species within the corridor where Los Penasquitos Creek and Carroll Canyon Creek converge. It also includes floodplain enhancements in three locations. These enhancements expand the floodway channel width and improve channel capacity. Channel capacity is needed to better move floodwaters through Sorrento Valley while reducing sediment transport. Also included in Phase 1 is freshwater management. New channel alignment, side channels, and storm drain connections for freshwater are proposed as well as mosquito breeding habitat management. The proposed channel network is designed to convey dry weather freshwater flows away from the marsh plain. Under existing conditions, the disconnected channel system results in ponding of fresh and brackish water, which has resulted in a loss of salt marsh. The conceptual design for the Lagoon channel network will provide a network of channels to improve water conveyance with vegetated islands supporting marsh habitat. Lastly, Phase 1 also includes 23 acres of non-native grass conversion to salt marsh native vegetation. After completion of the Phase 1 construction, monitoring of the vegetation and habitat in the mitigation areas is scheduled for approximately three years. This time will be used to observe the Lagoon, learn from Phase 1, and appropriately update the plans for Phase 2 based on how the Lagoon and habitat react to Phase 1. Phase 2 is anticipated to include additional freshwater management and invasive plant removal in areas north of the railroad berm to Carmel Valley Road in non-tidal historical salt marsh. Restoration of the Lagoon relies on key partnerships and funding amongst the Copermittees in the watershed. The City of San Diego has been designated as the lead agency for the Restoration Project and has managed the planning of the project thus far. A request for proposals went out in May 2019, interviews were held, and a design consultant was selected. The other Copermittees in the watershed are expected to participate in the design and construction phases for the project moving forward. To participate in the Restoration Project, Poway will be required to enter into a formal agreement to cost share the project with the other Copermittees. The draft cost share agreement (Agreement) for Phase 2 of 17 May 4, 2021, Item #121 was distributed to the Copermittees for review, approval, and signature. There has been much deliberation amongst the Copermittees regarding the cost share breakdown and the Agreement language itself. Poway staff has questioned Poway's contribution percentage numerous times throughout the review of the Agreement. Staff believes that the WQIP model used to determine the sediment loading failed to properly incorporate sediment reductions done through on-going channel maintenance within Poway. Recently, an analysis was done on Poway's rigorous channel cleaning program. The channel cleaning program includes removal of sediment in Poway's concrete channels. This information is reported with the WQIP annual reports but does not appear to have been included in the original analysis to the same degree. The WQIP model included an overall average for removal of multiple types of pollutants based upon an analysis completed by the City of San Diego in 2014. The percentage load for pollutant removal used was 10.1 %. The WQIP identifies Poway as having 615 tons of sediment load annually. Per Poway's channel cleaning program reporting, the lowest volume of sediment removal reported in any one year since 201 O is 196 tons. The volume of removal has varied over the years which is likely a result of volume of rain and staff availability to run the program. Incorporating the additional sediment removal would lower Poway's sediment loading. The extent to which the loading is lowered would depend on whether any other Copermittee has a robust channel cleaning program similar to Poway that was not taken into account. Poway staff discussed this discrepancy with the City of San Diego. Since the WQIP model is part of the currently approved WQIP, the revisions could not be made in a timely manner without significant delays to the Restoration project. The City of San Diego was amenable to adding language to the Agreement that would allow for revising the cost share allocation in the future, should the sediment load methodology be updated in the WQIP and approved by the Regional Board. Any adjustments to sediment load methodology would be applied to all Copermittees. Staff previously presented this project to the City Council in January 2021 and was directed to proceed with negotiating the Agreement with the other Copermittees, with consideration to participate in the Restoration Project. Staff had several conversations with the Copermittees and various levels of management within the City of San Diego. Staff negotiated the inclusion of the language that the City Council requested. During the term of the agreement, if the WQIP model is updated based on new information, approved by the Copermittees and the Regional Board, and shows a change to the percent sediment loading, then the Copermittees agree to meet in good faith to review the cost allocations of the agreement and negotiate potential amendments to the Agreement. Staff has negotiated the inclusion of language to the Agreement requiring the City of San Diego to seek approval from the Copermittees if the actual construction contract bid is higher than 5 percent above what is estimated in the Agreement, or if there is a construction change order requiring the City of San Diego to obtain approval from their City Council. Supporting documentation for the cost increases shall be provided to the Copermittees for approval prior to execution of the construction contract or change order. If any Copermittee does not approve of these cost increases, the Copermittees agree to meet in good faith to discuss a resolution within 14 business days. A separate cost share agreement will be executed for all future phases including monitoring, Phase 2 design and construction, and long-term maintenance. Each of these phases will be negotiated separately. Once the Phase 1 Agreement is executed by all Copermittees, design will proceed and is anticipated to take 33 months. The City of San Diego's original timeline projected the design to begin in early 2020 with design completion by September 2022. Construction of Phase 1 was estimated to commence in 2023 and extend through 2026. The monitoring phase was estimated to last for three 3 of 17 May 4, 2021, Item #12years following construction completion. This timeline is extended due to delays with the Agreement execution. During the implementation of Phase 1, planning of Phase 2 would commence. Implementation of Phase 2 was anticipated to begin in 2029, with an unknown length of time for completion. Final implementation and compliance with the Sediment TMDL must be achieved by December 31, 2034. Prior to the issuance of the request for proposals for design, the City of San Diego updated the projected costs for Phase 1. The total current estimate for Phase 1 construction is $35,225,451.82. The cost share breakdown for the Copermittees was calculated based on the sediment load allocation assigned to each jurisdiction through the model used in development of the WQIP. Based on this, Poway's contribution is 19.1 O percent of the total, as shown in Exhibit 3 of Attachment A, which equals $6,728,061.30. This breakdown included the City of Del Mar, City of San Diego, the County of San Diego, and Caltrans. However, Caltrans is not currently subject to the same permit as the other Copermittees. They have indicated they will make a flat payment in 2024 for their portion of the project. Language has been added to the Agreement explaining Caltrans' participation and their letter of intent is included as Exhibit 4 to the Agreement. Because of the exclusion of Caltrans from the agreement, their portion was reallocated amongst the Copermittees. Poway's contribution is therefore 19.65 percent of the total, as shown in Exhibit 1 of Attachment A, which equals $6,922,505.79. In Fiscal Year 2024, Caltrans' payment will be applied to the total cost for that year, and the reduced amount will be reflected in each jurisdictions' percent/invoice for that year. Environmental Review: The Los Penasquitos Lagoon Restoration project is subject to CEQA review. This review is being completed by the City of San Diego, the lead agency for the project. Fiscal Impact: Should the City Council direct staff to participate in the Restoration Project, Poway's currently proposed share of Phase 1 would be approximately $6.92 million or 19.65% of $35.23 million. This is being broken down into annual payments. Exhibit 1 of Attachment A reflects the cost share breakdown provided by the City of San Diego. The first several years would be based upon Poway's contribution to the cost of the project design, which is approximately $1.64 million. Based on staffs understanding, the first payment will be due after execution of the Agreement and will include the amounts shown in the cost share breakdown as due in FY 2020 and FY 2021 for a total of $810,473.70. The remaining approximately $6.11 million would be paid during subsequent fiscal years consistent with Exhibit 1 of Attachment A. As future costs are estimated costs, Poway's share could increase or decrease. Section 5 of the Agreement allows the construction contract costs to increase up to 5 percent without requiring an amendment to the Agreement. Even prior to the COVID-19 pandemic, the City did not have funding identified for this project. Should the City Council direct staff to participate in Phase 1 of the Restoration Project, General Fund unassigned fund balance is currently proposed to fund the City's share of Phase 1. As such staff recommends the City Council authorize the City Manager or their designee to appropriate funds consistent with Exhibit 1 of Attachment A and the terms of the Cost Share Agreement from General Fund Unassigned Fund Balance as the annual invoices are received from the City of San Diego. The first anticipated appropriation under this authority is anticipated to be $810,473.70. Sufficient 4 of 17 May 4, 2021, Item #12funds are currently available for this appropriation. Should the Phase 1 costs deviate more than allowed under the Agreement or General Fund Unassigned Fund Balance be insufficient to fund Phase 1 costs, staff will return to Council for their consideration of alternative options. Public Notification: None. Attachments: A. Cost Share Agreement Reviewed/ Approved By: Assistant City Manager 5 of 17 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager May 4, 2021, Item #12COST-SHARE AGREEMENT Peiiasquitos Watershed Management Area Los Peiiasquitos Phase I Lagoon Restoration Sediment TMDL CIP Project: WBS No. B-17033 March 2021 This Cost Share Agreement (AGREEMENT), entered into by and between the Cities of San Diego, Del Mar, and Poway, and the County of San Diego(hereinafter collectively called PARTIES and individually called PARTY) establishes the responsibilities of each PARTY with respect to carrying out collaborative activities in the Los Penasquitos Watershed Management Area (Penasquitos WMA) to support compliance with San Diego Regional Water Quality Control Board (RWQCB) Resolution No. R9-2012-0033, Amending the Water Quality Control Plan for the San Diego Basin {9} to incorporate the Total Maximum Daily Load for Sedimentation in Los Penasquitos Lagoon (Sediment TMDL), and Resolution No. R9-2013-0001, National Pollutant Discharge Elimination System {NPDES} Permit and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems {MS4s} Draining the Watersheds Within the San Diego Region, as amended by R9-2015-0001 and R9-2015-0100 (MS4 PERMIT). Final compliance with the Sediment TMDL will be achieved by the restoration of 84 acres of salt marsh habitat in the Los Penasquitos Lagoon (Lagoon) no later than December 31, 2034. WHEREAS, the RWQCB adopted Resolution No. R9-2012-0033 approving an amendment to the Water Quality Control Plan for the San Diego Basin to incorporate the Sediment TMDL on June 13, 2012; and WHEREAS, the RWQCB adopted Order No. R9-2013-0001 issuing the MS4 PERMIT to the Phase I MS4s in the San Diego Region on May 8, 2013; and WHEREAS, the RWQCB has determined that the responsible Copermittees for the Penasquitos WMA under the MS4 PERMIT are the Cities of San Diego, Del Mar, and Poway, and the County of San Diego (COPERMITTEES); and, WHEREAS, the RWQCB has determined that Caltrans is a Responsible Party for purposes of the Sediment TMDL; and WHEREAS, the State Water Resources Control Board adopted Resolution No. 2014-0001 approving the amendment to the Water Quality Control Plan for the San Diego Basin to incorporate the Sediment TMDL on January 21, 2014; and WHEREAS, the Sediment TMDL was approved by the California State Office of Administrative Law and became effective on July 14, 2014 (Approval Date); and WHEREAS, the RWQCB has determined that the responsible parties under the Sediment TMDL are the PARTIES, as well as certain Phase II Small MS4 NPDES permittees, general construction storm water NPDES permittees, and general industrial storm water NOPES permittees who may contribute costs at a later date.; and 6 of 17 Page 1 of 5 ATTACHMENT A May 4, 2021, Item #12WHEREAS, the PARTIES, have agreed to cooperate on implementation measures (e.g., load reduction, lagoon monitoring, lagoon restoration) as necessary to achieve compliance with the Sediment TMDL; and WHEREAS, the PARTIES developed a Water Quality Improvement Plan (WQIP) pursuant to the Sediment TMDL and the MS4 Permit to guide their efforts to comply with the requirements of the Sediment TMDL; and WHEREAS, the PARTIES have jointly developed the Los Penasquitos Lagoon Restoration Project Concept to guide their cooperative activities in order to achieve compliance with the Sediment TMDL; and WHEREAS, the PARTIES are required by the Sediment TMDL to develop and agree upon interim milestones that must be met to attain required reductions in sediment loading and/or show progress in restoring historic salt marsh habitat in the Lagoon within 15 years after the Approval Date of the Sediment TM DL; and WHEREAS, the PARTIES recognize that funding will be needed for implementation of the Lagoon Restoration Project over the term of the AGREEMENT, and that the expenditures will be shared equitably among the PARTIES as indicated in Exhibit 1. NOW, THEREFORE, in consideration of the foregoing, the PARTIES hereto mutually agree as follows: .(!) PURPOSE: This AGREEMENT is entered into for the purpose of outlining the responsibilities of the PARTIES including funding for implementation of Phase I of Lagoon Restoration Project, further described below, that complies with the Sediment TMDL in the Los Penasquitos WMA. W PROJECT DESCRIPTION: The overall Lagoon Restoration Project is divided into two phases. Phase I of the project, covered by the scope of this AGREEMENT and further described below, is located southwest of the railroad berm in the Lagoon and includes design, planning, and permitting of initial restoration; as well as freshwater management; sediment management; and grading activities. Construction of Phase I is divided into three sub-phases due to seasonal and other permitting restrictions. Phase I of the Lagoon Restoration Project will provide guidance for Phase II under an adaptive management approach. Phase II of the Lagoon Restoration Project will be located north of the railroad berm in the Lagoon and will include additional restoration to comply with the Sediment TMDL. The monitoring component following Phase I and all portions of Phase II will be covered under a future agreement. Phase I of the Lagoon Restoration Project includes the following components: A. Design, Planning, and Permitting of the Phase I Lagoon Restoration Project Concept: This work is described in EXHIBIT 2. B. Phase IA-Sediment Management: Components include floodplain enhancements, enhancement of the riparian corridor, and implementation of habitat mitigation through habitat enhancement for all three sub-phases. A more comprehensive scope of work will be developed at a future date following completion of Section (2)A above. C. Phase IS-Freshwater Management: Components include addition of a new channel network, excavation of existing channels, and grading of a wetland bench. A more comprehensive scope of work will be developed at a future date following completion of Section (2)A above. D. Phase IC-Grading Activities: Components include focused grading for salt marsh restoration and excavation of channels and adjacent wetland benches. A more comprehensive scope of work will be Page 2 of 5 7 of 17 May 4, 2021, Item #12developed at a future date following completion of Section (2)A above. 12) TERM: The term of this AGREEMENT shall commence on the date of the last signature of the duly authorized representatives of the PARTIES (Effective Date), and shall continue until the conclusion of the Phase I Project, estimated to be completed no later than June 30, 2027 . Because cost sharing for this project was scheduled to begin in FY20, but was delayed due to negotiation of this AGREEMENT, the PARTIES are responsible for Project costs expended in FY20 and FY21, as outlined in EXHIBIT 1. ~ PARTY RESPONSIBILITIES AND PARTICIPATION: A. RESPONSIBILITIES OF PARTY LEAD: The City of San Diego shall have the responsibility of overall management of the Lagoon Restoration Project throughout the design and construction phases of the project including, solicitation and administration of consultant contracts, preparation of construction documents, advertisement and award of construction contracts, project management, construction management, submittal of required work products to the RWQCB, and serving as a liaison to the RWQCB on behalf of the PARTIES, B. RESPONSIBILITIES OF ALL PARTIES: Each PARTY agrees to participate in collaborative efforts to support the PARTY LEAD in the implementation of the Lagoon Restoration Project by assigning one (1) person to serve as the PARTY representative to participate in meetings (at least 80% of all meetings), collaborate on developing strategies, participate in decision making, and review work products and submittals as needed. Further, analyses performed as part of this AGREEMENT, and subsequent conclusions, findings, and recommendations developed as a result of the analyses, will be completed using known relevant and acceptable water quality data. Each PARTY agrees to supply the PARTY LEAD with data associated with its jurisdiction (e.g., water quality data, rainfall data, land use data, etc.) as needed. 12) BUDGET AND COSTS: The following estimated annual limits shown for each fiscal year are for planning purposes only. The cost of the Design, Planning, and Permitting of the Phase I Lagoon Restoration Project Concept in Fiscal Years 2020 to 2021 will not exceed $4,124,128 and will be billed to the PARTIES upon approval of this AGREEMENT. Finalizing design and permitting, as well as the construction cost of Phases IA, IB, and IC described above is estimated to be incurred in Fiscal Years 2022 to 2027 and is approximately $31,101,324 based on the most recent engineer's estimate (EXHIBIT 1). The cost is anticipated to vary based on actual construction bids. At the time of awarding the construction contract, each PARTY's actual cost will be calculated based on the formula shown in EXHIBIT 3 of percent sediment load reduction required for each COPERMITTEE, as modeled and assigned in the Los Penasquitos WQIP. Should the actual construction contract bid be higher than 5% above what is estimated in the AGREEMENT, or if there is a construction change order requiring the PARTY LEAD to obtain approval from its City Council, these cost increases shall be provided to the PARTIES along with supporting documentation, prior to awarding the construction contract or prior to approving the aforementioned construction change orders. EXHIBIT 1 shall be revised accordingly and provided to the PARTIES for approval prior to execution of such construction contract or construction change order. If any PARTIES do not approve of these cost increases, the PARTIES agree to meet in good faith per Section 11 of this AG REEM ENT to discuss a resolution within 14 business days. Ultimately, the PARTY LEAD maintains authority to proceed with awarding contracts and approving change orders, and if a resolution cannot be reached and any PARTY chooses not to pay for the aforementioned increases in project costs, the PARTY may choose to terminate the AGREEMENT as outlined in Section 14. Caltrans, though named in the TMDL, is not a PARTY to this AGREEMENT. Their participation in the Lagoon Restoration Project is detailed in attachment 4. Any future phases of this project will be subject to a separate agreement, to be approved by all PARTIES. Page 3 of 5 8 of 17 May 4, 2021, Item #12,!§) PAYMENTS: Each PARTY shall pay its share of expenses each fiscal year within 90 days of receipt of an invoice from the PARTY LEAD. An invoice for the above TOTAL cost-share amount shall be sent to each PARTY at the beginning of each fiscal year that the AGREEMENT is in effect. As detailed in the Terms, the PARTIES are responsible for Project costs expended in FY20 and FY21, as outlined in EXHIBIT 1, and costs incurred may be retroactively invoiced based on the date of execution of the AGREEMENT. flJ NON-COMPLIANCE WITH AGREEMENT REQUIREMENTS: Any participant to this AGREEMENT that fails to comply with the conditions of this AGREEMENT shall be solely liable for any lawfully assessed penalties resulting from such non-compliance. Failure to comply with AGREEMENT conditions within specified timelines shall constitute non-compliance with the AGREEMENT. 1B) AMENDMENTS TO THE AGREEMENT: If during the term of this AGREEMENT, the WQIP model is updated based on new information, approved by the PARTIES and the RWQCB, and shows a change to the percent sediment loading in EXHIBIT 3 of this AGREEMENT, then the PARTIES agree to meet in good faith to review the cost allocations of this AGREEMENT and negotiate potential amendments to the AGREEMENT, as appropriate. This AGREEMENT may be amended only by consent of all the PARTIES. Any amendment shall be effective when authorized in writing and signed by the duly authorized representatives of the PARTIES. 12) GOVERNING LAW: This AGREEMENT shall be governed and construed in accordance with the laws of the State of California. If any provision or provisions shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. In addition, each PARTY agrees to comply with all federal, state and local laws and ordinances applicable to the work to be performed under the terms of this AGREEMENT. ilQ) CONSENT AND BREACH NOT WAIVER: No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the PARTIES to have waived or consented. Any consent by any PARTY to, or waiver of, a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. 1l!) DISPUTES: The PARTIES agree to mediate any dispute prior to filing suit or prosecuting suit against the other parties. At least one mediation session of one day duration with an agreed mediator shall be held prior to any PARTY filing any suit or action with regard to this AGREEMENT; the cost shall be shared by the PARTIES equally. In the event suit is brought upon this AGREEMENT to enforce its terms, each PARTY shall be responsible for their own attorneys' fees and costs. ilZ) LEGAL RESPONSIBILITY: Each PARTY to this AGREEMENT (1) shall retain its legal responsibility to comply with the Sediment TMDL and MS4 PERMIT; and (2) shall pay all fines, penalties, and costs which may arise out of such PARTY's non-compliance with the Sediment TMDL and/or MS4 PERMIT. The PARTIES acknowledge and agree that participation in this AGREEMENT does not admit or create any liability or responsibility as a discharger for any draft or potential future TMDLs. 112) APPLICATION OF PRIOR AGREEMENTS: This AGREEMENT constitutes the entire Agreement between the parties with respect to the subject matter; all prior agreements, representations, statements, negotiations, and undertakings are superseded hereby. !11) TERMINATION: Any PARTY may terminate this AGREEMENT by giving written notice to the other parties no less than 30 days prior to the effective date of termination. Termination of this AGREEMENT does not release any PARTY for obligations of the Sediment TMDL or MS4 PERMIT, nor does it release the PARTY from its financial Page 4 of 5 9 of 17 May 4, 2021, Item #12responsibilities as outlined in Section 4 of this AGREEMENT. Upon termination, the terminating PARTY shall pay its cost share in full. !12) AVAILABILITY OF FUNDS: The obligation of each PARTY is limited to the funds appropriated for this AGREEMENT as set forth in Section 4 above. Entering into this AGREEMENT shall not be construed as obligating the PARTIES to future payment of money in excess of appropriations authorized by law. Approval of funds for each fiscal year under this AGREEMENT is subject to approval by Copermittee governing bodies as part of their regular annual budgeting process. EXECUTION OF AGREEMENT: This AGREEMENT may be executed in counterpart and the signed counterparts shall constitute a single instrument . .!!Z) ADA CERTIFICATION: The PARTIES hereby certify that they agree to comply with the City's Americans With Disabilities Act Compliance/City Contracts requirements set forth in Council Policy 100-04, adopted by San Diego Resolution R-282153 and incorporated into this AGREEMENT by reference. !m) RIGHT TO AUDIT: Each PARTY retains the right to review and audit, and the reasonable right of access to other PARTIES' respective premises to review and audit the PARTIES' compliance with the provisions of this AGREEMENT [PARTY's Right]. The PARTY's Right includes the right to inspect and photocopy same, and to retain copies, outside of the PARTIES' premises, of any and all records, including any and all books, records, and documents, related to the AGREEMENT with appropriate safeguards, if such retention is deemed necessary by the PARTY in its sole discretion. This information shall be kept by the PARTY in the strictest confidence allowed bylaw. EXHIBIT 1: EXHIBIT 2: EXHIBIT 3: EXHIBIT 4: 10 of 17 LIST OF EXHIBITS Shared Cost Budget Breakdown Scope of Services for Design of Los Pefiasquitos Lagoon Restoration Phase I Sediment Load Reductions by Jurisdiction Caltrans' Letter of Intent to Participate in Project Page 5 of 5 May 4, 2021, Item #12...a. ...a. 0 ...... ..... Copermittee Del Mar Poway City of San Diego County of San Diego Total % Cost Breakdown 0.031% $ 19.652% $ 77.889% $ 2.428% $ 100.00% $ EXHIBIT 1 Copermittee Shared Cost Breakdown for Los Pen Lagoon Restoration -Phase 1 FY2020 FY 2021 FY2022 FY 2023 FY 2024 FY 2025 375.06 $ 903.42 $ 884.74 $ 425.10 $ 2,776.72 $ 2,776.72 $ 237,765.77 $ 572,707.93 $ 560,868.60 $ 269,483.23 $ 1,760,258.20 $ 1,760,258.20 $ 942,364.05 $ 2,269,878.26 $ 2,222,954.11 $ 1,068,073.43 $ 6,976,630.92 $ 6,976,630.92 $ 29,375.91 $ 70,757.93 $ 69,295.18 $ 33,294.59 $ 217,479.49 $ 217,479.49 $ 1,209,880.79 $ 2,914,247.54 $ 2,854,002.63 $ 1,371,276.35 $ 8,957,145.32 $ 8,957,145.32 $ FY 2026 FY 2027 Total FY20 -FY27 2,768.88 $ 9.26 $ 10,919.89 1,755,293.03 $ 5,870.84 $ 6,922,505.79 6,956,951.92 $ 23,268.56 $ 27,436,752.17 216,866.04 $ 725.34 $ 855,273.97 8,931,879.88 $ 29,874.00 $ 35,225,451.82 May 4, 2021, Item #12EXHIBIT 2 SCOPE OF SERVICES LOS PENASQUITOS LAGOON RESTORATION -PHASE 1 1.0 2.0 BACKGROUND The Los Pefiasquitos Lagoon Foundation developed the updated Los Pefiasquitos Lagoon Enhancement Plan (Enhancement Plan) in 2016, which laid out the initial lagoon restoration concepts with the goal of restoring 84 acres of salt marsh habitat within a 20-year timeline in accordance with the Los Pefiasquitos Watershed Management Area Sediment Total Maximum Daily Load (Sediment TMDL). The restoration and enhancement concept was refined and divided into two phases. Phase 1 (Project) restores the area southwest of the railroad berm and provides guidance for restoration planned under Phase 2 using an adaptive management approach. Phase 2 restoration will cover the larger area of the lagoon northeast of the railroad berm and will include lessons learned from Phase 1. The Project is located in Council District 1 and generally bound by Interstate 5 (I-5) and Sorrento Valley Road to the east, Estuary Way, Roselle Street and the I-5 local bypass to the south, Flintkote Avenue and North Torrey Pines Road to the west, and Carmel Valley Road to the north. SCOPE DESCRIPTION Currently, Transportation and Storm water {TSW) Department would like to proceed with the design and construction of Phase 1 (Project). The Concept Design Goals for the Project were developed and are outlined in the 2018 Basis of Design Concept Report (see Exhibit A-1) in order to meet and support overarching goals from the updated Enhancement Plan for habitat improvements while also helping the City achieve TMDL compliance. Objectives developed to meet the Concept Design Goals will be refined (e.g., improved metrics for success) as the Project moves through project level design. Public Works will hire a consultant to provide a design package in accordance with the Project scope. TSW shall provide input throughout the process. The restoration and enhancement concept are refined and divided into two phases. Phase 1 (Project) of the overall project restores the area southwest of the railroad berm and provides guidance for restoration planned under Phase 2. The work would Design of Los Pefiasquitos Lagoon Restoration -Phase 1 1 of 3 Scope of Services 12 of 17 May 4, 2021, Item #12EXHIBIT A include the implementation of freshwater and sediment management of storm flows from Carroll Canyon Creek and Los Pefiasquitos Creek watersheds. The Project is divided into three sub-phases due to the extent of the project and limits on the period of time that construction will be permitted due to seasonal restrictions or other permitting restrictions. : Phase 1A -sediment management, Phase 1B -freshwater management, Phase 1C -grading. Design and environmental permitting services are required for the Project only. However, items that will inform Phase 2 restoration can be included in Project where appropriate. The Project should be consistent with the preferred alternative under the PEIR. It is expected a supplemental or additional California Environmental Quality Act ( CEQA) documentation will be required for the Project. 2.1 PHASE 1A -SEDIMENT MANAGEMENT Sediment management, including: 2.1.1 Creation of floodplain enhancements 1, 2 and 3, 2.1.2 Enhancement of the riparian corridor, and 2.1.3 Reduction of upstream flood risk. The Phase 1A components presented in this section include floodplain enhancements 1, 2 and 3 and implementation of habitat mitigation through habitat enhancement for all three sub-phases as discussed in the previous section. 2.2 PHASE 1B -FRESHWATER MANAGEMENT 2.2.1 Freshwater management, including: • Addition of the new channel network, and • Improvement of storm drain connections. 2.2.2 The Phase 1B components include: Design of Los Peiiasquitos Lagoon Restoration -Phase 1 2 of 3 13 of 17 Scope of Services May 4, 2021, Item #12EXHIBIT A • Excavation of the primary and secondary channels (including enlarging portions of existing channels), • Excavation of tertiary channels (outside of the northern salt marsh restoration area only), • Grading of a wetland bench along the northern side of the primary channel, • Focused grading along the north side of the primary channel, and • Replacement of culverts to improve storm drain connections. 2.3 PHASE lC -GRADING 2.3.1 Grading for salt marsh restoration within the 24-acre area of non-native perennial rye grass. The Phase tC components include: • Excavation of tertiary channels and adjacent wetland benches within the salt marsh restoration area, and • Focused grading. The Project would likely require a CIP-5 Site Development Permit (SDP from the City of San Diego) and State Coastal Development Permit (CDP) from the California Coastal Commission (CCC). A California Environmental Quality Act (CEQA) Programmatic Environmental Impact Report (PEIR) for the larger Los Pefiasquitos Watershed is currently being prepared for distribution and subsequent approval by the State of California for the Lagoon Foundation. As this is part of the overall effort, it is assumed the Project will be implemented following the approval of the PEIR, and that project-specific activities will need to be analyzed and reviewed for consistency with the PEIR via a subsequent CEQA approval process through the City of San Diego Additionally, due to impacts to wetland resources, it is likely resource agency permitting will also be required in order to implement the Project. Design of Los Pefiasquitos Lagoon Restoration -Phase 1 14 of 17 END OF SCOPE OF SERVICES Scope of Services May 4, 2021, Item #12..,I, u, 0 """' ..,I, -..J Exhibit 3 Total Wet Weather Sediment Load Reductions These reductions were calculated as the final (FY35) goal subtracted from the baseline sediment discharge. The total load reduction required is 1,673 tons/wet period. The total presented below does not include reductions for Caltrans. Final Wet Weather Sediment Reductions for MS4 Discharges Baseline (2009) Sediment Final (FY35) Sediment Percent of Final Reduction, Jurisdiction Discharge Reduction from Baseline by Jurisdiction (tons/wet period) (tons/wet season) City of Del Mar 1.6 0.56 0.03% City of Poway 677 319.54 19.10% City of San DieQo 2386 1266.41 75.70% County of San Diego 83.6 39.54 2.36% TOTAL 3148.21 1626.052 97.19% Notes: 1) Total baseline sediment load is 3,236 tons/wet period. Total presented does not include Caltrans discharge. 2) Final FY35 required sediment reduction is1 ,673 tons/wet period. Total presented does not include Caltrans discharge. May 4, 2021, Item #12Exhibit 4 STATE OF CALIFORNIA-CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM Governor DEPARTMENT OF TRANSPORTATION DISTRICT 11 4050 TAYLOR STREET, MS-242 SAN DIEGO, CA 92110 PHONE (619) 688-0100 Making Conservation a California Way of Life. FAX (619) 688-4237 TTY 711 www.dot.ca.gov February 17, 2021 Drew Kleis Deputy Director -Storm Water Division Transportation & Stormwater Department City of San Diego 9370 Chesapeake Drive, Suite 100 San Diego, CA 92123 Attn: Brianna Menke Storm Water Compliance Manager Dear Ms. Menke: On February 8, 2021, Caltrans District 11 (Caltrans) received a letter of support from the Regional Water Board. This letter stipulated the permit related details of Caltrans's financial participation in the Los Penasquitos Lagoon Restoration Project. Pursuant to this letter, D-11 will be preparing a Project Initiation Document (PIO) for submittal as part of the 2022 State Highway Operation and Protection Program (SHOPP). The PIO will outline and document the proposed strategy to provide funding for a Cost Sharing proposal that will allow Caltrans to acquire Compliance Units as allowed for under the current Caltrans National Pollutant Elimination Discharge System (NPDES) Permit. The PIO is proposing financial participation in a project to cover a portion of the restoration of the Los Penasquitos Lagoon. The financial contribution is estimated at $2,024,000 or $88,000 per restored acre for up to 23 Acres. These funds will be used for direct capital construction costs of the lagoon restoration project only and cannot be used for project support. All PID's currently under development by D-11 must be completed by June 30, 2021 in order to be included in the 2022 SHOPP. Once complete, the PID's will be compiled into the Draft 2022 SHOPP and submitted for review by the Regional Transportation Agencies and ultimately submitted to the California Transportation Commission (CTC) for final adoption, approval and programming. The 2022 SHOPP cycle begins on July 1, 2022 and covers a four-"'1rgvJc,e1c,safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" May 4, 2021, Item #12Ms. Brianna Menke February 17, 2021 Page2 year time frame. Each PIO must identify a funding year within that four-year cycle. As such, the funding could be available as soon as the 22/23 State Fiscal Year (July 1, 2022 to June 30, 2023} but we are proposing the funds be made available in the 23/24 fiscal year or as soon as July 1, 2023. Once included in the adopted SHOPP, programmed values cannot be escalated or modified without further CTC action. A specific project allocation would be required by the CTC along with a formal agreement, such as a Cooperative Agreement, before the funds could be transferred to the City. Please note that all project funding is subject to budgetary authority of the State Legislature which proposes a State budget each Fiscal Year. I have attached an updated project schedule that includes key dates, milestones, and when formal funding commitments can be made. If you have any further questions, do not hesitate to contact the District Stormwater Chief, Carl Savage at Carl.Savage@dot.ca.gov (619) 921-4015. Sincerely, Gustavo Dallarda District Director *cc: Thomas Bouquin, Chief Deputy (Acting) Caltrans -District 11 Marcelo Peinado, Deputy Director, Asset Management -District 11 Joe Hull, Deputy Director, Program Project Management -District 11 Bruce April, Deputy Director, Environmental -District 11 Carl Savage, District Stormwater Branch Chief "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" 17 of 17 May 4, 2021, Item #13DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway May 4, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /M Austin Silva, Senior Planner 858-668-4658 or asilva@poway.org CITY COUNCIL Pre-Development Conference 21-002, a request for review of a proposal to amend the Old Coach Golf Estates Specific Plan to designate portions of a remainder parcel as residential, establish development standards for a six-lot subdivision on a property located north of the intersection of Espola Road and Old Coach Road, and allow for the development of one residential unit east of Old Coach Road and approximately one mile north of Espola Road. Sunroad Enterprises (Applicant) is proposing to subdivide a remainder parcel into six residential lots and a new remainder parcel located north of the intersection of Espola Road and Old Coach Road spanning both sides of Old Coach Road. The property is located in the Old Coach Golf Estates Specific Plan (OCGESP) area. The Applicant is requesting to modify the OCGESP to redesignate the remainder parcel for six single-family residential lots and a new remainder parcel, allow for lots less than one acre, establish development standards for the new subdivision, allow for the development of one residential unit east of Old Coach Road and approximately one mile north of Espola Road, and the preservation of approximately 120 acres of open space. The project is subject to approval by the City Council of a Tentative Tract Map (TTM) and Development Review (DR). The review of Pre-Development Conference (PDC) 21-002 is advisory only. The City Council will not render any decision. If the Applicant wishes to proceed with an application, it is with the understanding that the City Council has made no representation upon which the Applicant may rely. Recommended Action: It is recommended that the City Council provide input and direction regarding the request. Discussion: Background The Applicant is Sunroad Enterprises and the property owner is Sunroad Holding Corporation. 1 of 11 May 4, 2021, Item #13Adopted by the City Council in 1990, the OCGESP covers the Planned Community (PC) zone area located generally along the west and east sides of Old Coach Road north of Espola Road which includes the Old Coach Collection and Heritage 1 single-family residential neighborhoods, a 122.5-acre annexed site with five residential lots (Sunroad Property), and the Maderas Golf Club. The subject property (Assessor's Parcel Number 277-171-22 (Remainder Parcel)) is located north of Espola Road, east of Westling Court, south of Butterfield Trail and bisected by Old Coach Road. Adjacent land uses include single-family residential to the south and east, open space to the north, and Fire Station Two to the west. The Remainder Parcel is generally eight to ten feet below the elevation of Espola Road. The project location and zoning map is included as Attachment A. A link to the existing OCGESP is provided as Attachment B. The Applicant submitted a Pre-Application (PA) 21-001 for City staff (staff) to review and provide comments. The submittal for PA21-001 included a project description and a subdivision map for the Remainder Parcel for six residential lots and a remainder lot (Attachment C). In response to the PA, staff provided a written summary of issues to address with a subsequent formal application. For the PDC, the Applicant is seeking input from the City Council on their proposal. They provided language to include in the OCGESP that would allow for the development of one single-family residence on the Sunroad property and designate the remaining area as open space. The language reads as follows: The transfer of density to the Remainder Parcel shall provide that one (1) developable unit shall remain on the 122-acre property known as the former Snow Property. The developable area of the former Snow Property shall meet the following criteria: (i) accessible or within 100 feet from an existing street or access; (ii) meet all City regulations relative to development in or for preservation of steep slopes; and (iii) meet requirements for legal lot. The remaining acres will be allocated as open space and may be used for mitigation land designated for the sale of mitigation acreage and/or the sale of mitigation credits as a designated mitigation bank (collectively "Mitigation Bank") for Coastal Sage Scrub habitat. The eligible service area for the Mitigation Bank shall include the entirety of San Diego County including the incorporated cities and the unincorporated San Diego County. Several issues and benefits raised by staffs review of PA21-001 are discussed later in this report. Staff also recommended that the Applicant conduct a neighborhood meeting. Remainder Parcel and Existing Conditions The Remainder Parcel was created with the Tentative Tract Map (TTM) 89-13 for Old Coach Specific Plan (Specific Plan (SP) 89-01 ). A remainder parcel is a portion of any improved or unimproved land, which is not divided for the purpose of sale, lease, or financing. If a Certificate of Compliance or Conditional Certificate of Compliance is issued for a remainder parcel, it then becomes a legal lot. The City issued a Certificate of Compliance for the Remainder Parcel on February 15, 1995 in association with a Boundary Adjustment (BA 94-08) allowing for it to be subdivided subject to the Poway Municipal Code and the OCGESP. In November 1990, a revision was approved for TTM89-13 that included a realignment of Old Coach Road to its current alignment which cuts through the Remainder Parcel. The Remainder Parcel is mostly unimproved but has been graded with a large pad where five lots are proposed west of Old Coach Road. Additional landscape improvements for the entryway into the Old Coach community have been installed north of the intersection of Espola Road and Old Coach Road. Also, a Temporary Use Permit (TUP) was issued to allow for the construction and use of a sales office that is located on the portion of the parcel that is on the east side of Old Coach Road. The sales office was approved in 1998 and permitted to remain for two years or until 90 percent of the units within the subdivision were sold. The City did not pursue changing the use back to landscape after 90 2 of 11 May 4, 2021, Item #13percent of the units had been sold, and the sales office building has remained onsite. The portion of the property located north of the sales office building and east of Old Coach Road contains open space with preserved Coastal Sage Scrub habitat and a regional trail connection. The regional trail is a part of the City's General Plan trail system. 122.5-acre Sunroad Enterprises (Sunroad) Property In March 2007, a Specific Plan Amendment (SPA89-01A) was approved to incorporate five existing lots totaling 122.5 acres into the OCGESP area that increased the area from 708 acres to 830.5 acres. The 122.5-acre site is located on the east side of Old Coach Road, approximately one mile north of Espola Road, north of Hidden Valley Ranch Road and south of Cascade Crossing. The property is primarily an undeveloped steep hillside with the lower portion, adjacent to Old Coach Road, being flatter and more conducive to development. There is a large avocado orchard that borders the area to the south, however, no orchards or crops are on-site. Development of TTM06-02 was approved concurrently with SPA89-01 A allowing for the subdivision of the 122.5-acre site, reconfiguring the existing five parcels into five new clustered parcels for development of five single-family residences on the lower portion of the site, a 0.75 acre private street lot to access the new residential units, and one large, approximately 111-acre, open space lot (seven lots total). The five single-family residential lots approved with TTM06-02 range in lot area from one-net acre to 3.5-net acres. Development of TTM06-02 would have impacted approximately 11.5 acres of habitat that is directly adjacent to open space and wildfire areas, including 8.3 acres of Coastal Sage Scrub and 1.1 acres of Non-Native Grassland. TTM06-02 was automatically extended through State law and was also extended by the City Council five times, the maximum allowed by the Poway Municipal Code (PMC). The most recent extension was approved by the City Council on April 21, 2020 and expired on March 13, 2021. Therefore, the TTM is no longer valid. The TTM expiring does not affect the approval of SPA89-01A which allowed for the additional five residential lots and increased the capacity of the OCGESP by five single-family residences. The Applicant could opt to process a new subdivision on this Sunroad Property. If the five units were to be transferred elsewhere, then all of the 122.5-acre site would be required to be designated as open space to be consistent with the housing unit capacity restrictions of SPA89-01 A and TTM06-02, and Proposition FF. As proposed with the project, four units would be transferred to the remainder parcel and there would remain the ability to develop one single-family residence. Pursuant to the Habitat Conservation Plan, the development of this residence would be limited to impacting two acres of habitat. The open space designation would include preservation of two oak trees along the frontage of Old Coach Road, installation of permanent signs and fencing adjacent to developed areas, to delineate the limits of the preserved area, and an open space easement that would allow the use of the area for mitigation. Housing Capacity for OCGESP The OCGESP was approved with a maximum of 156 housing units on lots with a minimum area of one acre. The approval of SPA89-01A allowed for an additional five residential lots (161 total) with the annexation of the 122.5-acre Sun road Property. Because the 122.5 acres from SPA89-01 A are still a part of the specific plan area, the five lots from this property could be transferred elsewhere within the OCGESP provided the Sunroad Property is preserved for open space in perpetuity and no units are available there. As previously discussed, with the proposed project, four units would be transferred with one unit remaining on the Sunroad Property. Additionally, there have been two lot consolidations processed in the OCGESP area that relinquished 3 of 11 May 4, 2021, Item #13the ability to construct single-family homes on those parcels that were consolidated. This allows for the ability to construct two single-family lots elsewhere within the OCGESP area without exceeding the dwelling unit cap. Combining the five lots allowed through SPA89-01A with the two lots from lot consolidations, a total of seven single-family lots are permissible with a specific plan amendment in locations elsewhere within the OCGESP area. Consequently, the Applicant is proposing a six-lot subdivision on the Remainder Parcel and one single-family dwelling to remain within the 122-acre Sunroad Property. Specific Plan Amendment To allow for a six-lot subdivision on the Remainder Parcel, a SPA would be required for the following reasons: • Designate portions of the existing Remainder Lot as a residential use in the OCGESP. This would also include revising the Development Concept Plan to accurately depict the current development and land uses of the OCGESP. • Designate the Sunroad Property as open space and limit residential development to one single-family dwelling on that property. This is required to stay within the dwelling unit cap of the OCGESP and comply with Proposition FF. • Establish development standards for the proposed six-lot subdivision. The OCGESP requires a minimum lot size of one acre and other regulations for the development of homes generally follow the requirements of the Rural Residential C Zone, but with more restrictive standards. Five of the lots in the proposed six-lot subdivision have lot sizes of 27,199 square feet (0.62 acres) which do not meet the one-acre minimum. The Applicant has not yet indicated what the development standards would be for the proposed subdivision nor has a site plan been provided showing the proposed building footprints and other site improvements. This subdivision would create a new type of residential neighborhood with a different character than the existing neighborhoods throughout the OCGESP because of the smaller lot sizes, but would be required to be designed to complement the architecture of existing residences and community structures within the OCGESP area. • Revise exhibits and amend content in the plan for aspects of the proposed subdivision that are not consistent with the OCGESP. For example, the proposed subdivision does not conform with OCGESP's private non-dedicated street standards or streetscape design features. The SPA would include new private street standard exhibits and added narratives regarding exclusions from certain streetscape standards. Other aspects of the project that are not a part of the amendment would be required to comply with the OCGESP. Tentative Tract Map and Development Review <DR) A TTM would be required to subdivide the Remainder Parcel into six lots. As shown on Attachment C, five lots that are all 27,199 square feet (0.62 acres) are proposed on the west side of Old Coach Road and would be accessed from a private cul-de-sac. Lot 6 is 49,495 square feet (1.13 acres) and is proposed on the east side of Old Coach Road with direct driveway access generally in the location of the existing sales office. The subdivision map that was submitted with PA21-001 included two options for connecting to sewer for Public Works to consider. The first option involves installing a private forced sewer main in Old Coach Road that would be supported by a private sewer pump and lift station. The second option involved connecting to an existing gravity sewer line that is approximately 3,800 feet to the north in Old Coach Road. Public Works responded that option one is preferred. A Development Review (DR) will also be required to be reviewed by the City Council when specific 4 of 11 May 4, 2021, Item #13improvements and architectural elements are proposed with the subdivision. Pre-Application (PA) 21-001 Several issues were identified by Staff through the review of PA21-001 that included, but are not limited to, the following: • The creation of Lot 6 in the proposed TTM is not consistent with the intent of the OCGESP for the area on the east side of Old Coach Road. Lot 6 is on the low side of Old Coach Road and more prominently visible at the entry into the OCGESP area. The OCGESP discusses this entry point as a sense of place and arrival and a statement as to the quality of the development. Espola Road is a scenic corridor and surrounding views should be representative of this. The OCGESP discusses a mini-park in this area (e.g., tot lot, dog park, play area) and the approved plans show turf and ornamental landscape in this area since the TUP for the sales office has now expired. Staff recommended that the Applicant consider other community benefits for Lot 6 in lieu of the required turf and ornamental landscape that are consistent with the goals and policies of the OCGESP (e.g., a dog park, a tot lot). • Providing through pedestrian connections to Westling Court. • There are potential traffic concerns and a traffic study will be required. The driveway locations could create a sight distance hazard for drivers exiting the driveway near the bend in Old Coach Road with southbound traffic approaching Espola Road. • A noise analysis may require noise mitigation from traffic noise from Espola Road and Old Coach Road onto the proposed residences and noise mitigation (e.g., sound walls, earthern berms with landscape) may be required. • The compatibility of the proposed lots (smaller than one acre) with the existing residential development within the OCGESP and surrounding community. • Appropriate development standards for the proposed subdivision since it is more prominently visible from Espola Road and Old Coach Road. • Compliance with development regulations in the Very High Fire Hazard Area. • Stormwater retention improvements required could change the lot design. • Other community benefits could be considered as a part of the project proposal (e.g., trail improvements and connections to improve public safety). Staff also noted several benefits to the proposal including the provision of housing and meeting housing needs, the new location of the residential lots is farther away from open space areas with reduced wildfire risk, and the project would potentially preserve an additional 11.5 acres of open space/habitat on the Sunroad Property, by not developing there. The review of PDC 21-002 is advisory only. The Applicant is seeking feedback on their proposal to amend the OCGESP to allow a six-lot subdivision on portions of the Remainder Parcel. The City Council will not render any decision. If the Applicant wishes to proceed with an application, it is with the understanding that the City Council has made no representation upon which the Applicant may rely. The Agreement of Understanding is included as Attachment D. A neighborhood meeting, or notification of surrounding properties was not conducted for this item, but was recommended if the Applicant continues to pursue the project. Environmental Review: Because no action can be taken, this item is not a "Project" pursuant to the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review. 5 of 11 May 4, 2021, Item #13Fiscal Impact: None. Public Notification: None. Attachments: A. Zoning and Location Map B. OCGESP (on file in the Office of the City Clerk) https:ijdocs.poway.org/Weblink/Browse.aspx?id=151667&dbid=0&repo=CityofPoway C. Proposed Subdivision Map for Remainder Parcel D. Agreement of Understanding Reviewed/ Approved By: Assistant City Manager 6 of 11 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager May 4, 2021, Item #137 of 11 City of Poway Zoning / Location Map Item: PDC 21-002 ... 0 5001,000 NORTH !L-j Feet ATTACHMENT A RR-A OS-RM I r--1 -'I ,_ -I I L-r I May 4, 2021, Item #138 of 11 OCGESP (on file in the Office of the City Clerk) https://docs.poway.org/Weblink/Browse.aspx?id=151667&dbid=0&repo=CityofPoway ATTACHMENT B May 4, 2021, Item #130 -ti ...ti. ...ti. )> :j 'X"'.'\.~''.~~ >!',\); ·. ;;JI{ l> ~"-.~~~,;j\<I:~··-,,,> n :::c s: m z -4 n t1:1t. __ ::~_-_\?~~~l.·•._· .... :--~_:_\.; __ "'_.-_·. r ., -·~--\.. -{ ·''\..\'-"' '--"'. ' ' ' ~~-; -~~-\•:~ " (E) 10• ACP WATER LINE ~ PER CITY OF POWAY DWG. NO. TM 69-lJR KEY MAP ~ N TENTATIVE (D -RANCHO BERNARDO RO (V -ESPOLA RD (}) -OLD COACH RD @ -WES11.INC CT @-BUTTERnELD TRAIL .r . ...._ I ' TRACT MAP: OWNER'S CERTIFICATE SHEET ....L OF __l_ SHEETS THE SUBOI\IIOER AGREES TO DEFEND, INDEMNIFY ANO HOLD HAR"4LESS THE CITY OF POWAY ANO ITS A.GENTS, OFFICERS ANO EMPLOYERS FROM ANY CLAIM, ACTION OR PROCEEDING AGAINST THE CITY Of POWAY OR ITS AGENTS. Of"F'ICERS OR E"4PLOYEES TO ATTACK, SET ASIDE. VOID QR ANNUL AN APPROVAL FROM THE CITY OF POWAY CONCERNING THE SUBDIVISION WHEN SUCH ACTION 1$ BROUGHT WITHIN THE TIME PERICO SPECIFIED IN GOii. CODE z 0 F (J :, ~-'::::::::::::: -- ill "G-2. CURB & GUTTER· PER s.o.R.s.o. sro·s. LEGEND ~ SUBDIVISION BOUNDARY EXIST. EDGE Of PAVEMENT EXIST. CONTOURS EXIST. RIGHT-OF-WAY EXIST. EASEMENT SOCWA EXIST. EASEMENT AGUEOUCT [XIST.EASEMENTUTIUTY EXIST. EASEMENT ROAD EXIST. EASEMENT STORM ORA.IN EXIST. STORM DRAIN. EXIST. WATER MAIN EXIST. SEWER LINE EXIST. F'IRE HYDRANT PROP. LOTIJNE. .. PROP. DRIVEWAY .. PROP. PCT ROAD PROP. EDGE Of PA'v£MENT. PROP. nRE HYDRANT .. PROP. SEWER L.AlERAL. .. • •....••..... , .. s·-a" PERMEABLE PAVING OVER 2"-4•__./ Sl'MllQl. ®-- s--- ~ OF arnoINc cauRSE OVER 12· or I GRAVEL BEFORE NATIVE 'MTH A 5• ~OPOSEO !" PVC WAlER MAIN PERFORATED UNDER DRAIN CALLE:¾OUT R/W IF REQUIRED BY GEOTECHNICAL ENGINEER PROPOSED •• PVC SE'M:R ..... STREET SECTION @ NOT-TO-SCALE :io· 'i. so·IRow l JO' R/W ' . I l 't, 1 I 1:;......-., -:.>------r-____ ,:.---r----~----.l-------<, /y1/ L__J ~, (E) 6" TYPE G CURB ANO GUTTER OLD COACH ROAD NOT-TO-SCALE SECTION 66-499.37. THIS CERTIF"ICATE IS CONDITIONED UPON THE CITY OF POWAY PROVIDING PROMPT NOTICE TO THE SUBOl\llOER AS PROVIDED BY THE ACT. (COIi. CODE 66-47-4.9} SUBDIVIDER'S CERTIFICATE WE HEREBY CERTIFY THAT WE ARE THE RECORD OWNERS OF THE PROPERTIES SHOWN ON THE ATTACHED TENTATIVE PARCEL MAP AND THAT SAID "4AP SHOWS THE ENTIRE CONTIGUOUS OWNERSHIP. WE UNDERSTAND THAT PROPERTY IS CONSIDERED CONTIGUOUS EVEN IF IT IS SEPARATED BY ROADS, STREETS. UTILITY EASEMENTS OR RAILROAD RIGHTS-OF-WAY. SUBOI\IISION NA"4E: SUBOI\IIOER AODRESS: LEGAL DESCRIPTION: MADERAS REMAINDER PARCEL SUNROAO HOl.OINC CORPORATION -4445 EASTCA TE MALL. f,400 SAN DIEGO, CA 92121 16925 OLD COACH RD POWAY, CA 9206• THE REMAINDER PARCEL IN THE CITY Of POWAY. COUNTY OF SAN DIEGO, STATE OF' CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 17-433. FIL£0 IN THE ~~c\fFI~EN~Y:~-~i~~~R JF ~1~1£i~c~~~~ ON OCTOBER 1-4, EXCEPTING THEREFROM THAT PORTION LYING 'MTHIN PARCEL A OF CERTIFICATE Of C01o4PLIANCE BOUNDARY AO.JJSTMENT NO. BA 94-08. RECORDED FEBRUARY 16. 1995 AS FllE NO. 1995-00711.38 Of OFFICIAL RECORDS CALIFORNIA COOROINA TES MAP TOTAL GROSS ACREAGE! AREA DEVOTED TO: MINIMUM NET PARCEL SIZE MAXIMUM NET PARCEL SIZE· AVERAGE NET: PARCEL SIZE: SETBACKS· FRONT YARD ~l!~~~gr\::~o PRESENT USE: UTILITIES: WATER ELEMENTARY SOiOOL HIGH SCHOOL SOlAR STATEMENT: 310-1755 15.65 ACRES PUBLIC ACCESS EASE"4ENT • 0 SF PUBLIC ROADS • 0 SF PRIVAl[ ROADS • 8.655 SF SIGNIFICANT '11!£TLANDS • 0 SF 0.50 AC. 1.1.:5 AC. 0.70 AC. 6 LOTS PLUS REMAINDER PARCEL PLANNED C0"4"4UN1TY (PC} N/A N/A DEPENDING ON ZONING REGULATIONS &. A \IC. SLOPE mo mo mo mo SINGLE FAMILY RESIDENTIAL SUBOI\IISION POWAY UNlflED SCHOOL OtSTRICT POWAY UNlf"IED SCHOOL DISTRICT Tl-US IS A SOLAR SUBDIVISION AS REQUIRED BY THE SUBDIVISION ;~:t~~~~ftc~i~S ~0 HA~ AT AERIAL SURVEY ON 2018 12/09/2020 ~ (/l z 0 (J a:: 0 lJ. l-o z >-a:: 4: z j J w a:: Q_ 0 z ~ O'.::,e :,o "''-' ~~ ~i uJo uJ:, ~g W_J -'< ~~ "''--8'--~~ .--T-E_N_T_A_T-IV_E_T_R_A_C_T_M_A_P--~~ i 1-n'->'ll"LLH ....,, "'_.'"" CITY Of" POWAY RCE-7911 O:::;'ji I HER~~ClARE THAT I AM THE ENGINEER Of WORK FOR APN; 277-171-18 &: 22 w-:=_-- ~,~c.9.i!~~-~~I~9.J,.~R~,~Yfti9 &A11JJ;/; r--._ g~ MAD~:tf5 RJL~Atgf~H p:DRCEL ~g RAN CHO COAST AL ~~·:R·~ri~~ t~i~:~~.RESPDNSJBLE C) .. 0,ur,o..,., PROJECT NAME&: SITE ADDRESS: ~~ ~ J~~ vi:.~~;, ~"."'.,t\°i , DOUGLAS E. LOGAN -o=, ~ -.~-POWAY, CA 92064 ~\,! I IJ , T.B.N~C-~~}g FJ (760) 510-3152 Ph / (760) 510-3153 F'ox ~ EXPIRES; ~ .,,I' IN cM.'~~ CAUF()RNIA COORDINATE INDEX: .319 1755 ~~ @ -BERNARDO CENTER OR Q) -POMERAOO RO R:\Pro_iects\7911 -Sunrood Hokl1n<J\ENGINEERING CAO FILES\7911-TM01.d1"9 1/20/2021 9:00 AM May 4, 2021, Item #13:;' . ~;~~~>,?,~+> t // ~ ~ ,_ ••.··.· '\.' ;-,.','\ ·, '\'-\_·v,,<· ....... ········,/-j/' ""T1, x-" •0-'\:--._~"'o''-,-,,_· '· ',, ____ ·1··-...i, ''',,>,,,,,,,,,, ,.- ~ ,,_, , . i A --:J{;/:::>':->: ~i /.< , -~~✓-;-; --·. . I r.2~~~~= //~/~~J A~-·- ,_j'. /~<-9.~.}; ·f{f::~<[ / ~ <~~;::____~ ~ ~:-:\> ,?'\~\-:\ ''{,J,·.~\~- LOT 3 / '.<:t . ·. ~ t~l~"') \ 1 ; 2~~~il~ I ,, •. j · •. ·. i / ''·°'~,,• v ,\,✓/ j ~O /' e•J \\ •:.,._("=wsAA · j \;' i / • •-"':.-" . -. , I , ---\ "\ i fh . ._-·• ' 11~\SSUB·-E•CT .. ~. .. --'-... -.··:_ .. '-'-c~--050--::-.... '/ ~~ \,"~ '{ t ~~~t~~~'.~~~= ,, / ~;~q;33?~~ ~ 27,199.83 , SQ, FT. / (0.62 AC) IMPER'¥10US AREA-5,51fl S.F. ; / / / ' ~.• ! es.eou "°"' .· . ---· ·•. ----------~,---..., -, -, ----·~·-------=-• ·---------.~.--~.-----..c,~- 2,. (~•o4 ~.~ > -,,~~\-, 2-,_ • \";Jir'iVi~:~~ ( H LOT TOP AOING PLAN&: MORA, ~R:~/:~v~~E:fAD TO BE ~~~R~~ :g-:ARi:~7JR ™lj~ !i~:io~~!~~t ~?r~Z: ,6.Ll DRAINAGE TO BE ROUTEI NG DRAINAGE F'Aiun 1RESS: EMAINDER PARCEL OLD COACH RD Y, CA 92064 Jl0-1755 -1/20/2021 9:01 AM ws ~r i! ~f May 4, 2021, Item #13AGREEMENT OF UNDERSTANDING City Council for the City of Poway, hereinafter referred to as "City' and 5 V,../,t.l)p,() -f/,,t.,,0,,..J l=f J hereinafter referred to as 'Proponenf enter into this ZcP,~ Agreement of Understanding based upon the following facts: · Proponent owns or has an equitable interest in land described by tax Assessor's Parcel Number(s) ,2. 7 7-/7/-/ 9 Awi) Z-2.. . Proponent desires to develop this ; property in accordance with the will of the City and without the expense of a protracted development. City is concerned that Proponent will create development plans unsatisfactory to City and consume time and effort of City employees needlessly on unsatisfactory development plans unless City assists in directing Proponent. Bas"Efd upon the atmve-mentionea facts, CitY will grant Proponent a hearing ·prior' to filing any application for development upon the following understanding: 11 of 11 a. City will render no decision with regards to any development proposal or part thereof. b. City will receive no evidence, specific in nature, in support of a particular development plan. Dated: c. City will make no representations that will obligate the City to render a decision in favor of or against any development proposal or part thereof Proponent may subsequently submit. d. If any development proposal is subsequently submitted, Proponent will proceed at its sole and exclusive risk with the understanding that City has made no representations upon which Proponent may rely. 11--/--2-D Proponent: ~~ ~ . ATTACHMENT D May 4, 2021, Item #14DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway May 4, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /J/\, David De Vries, City Planner ~OJ~ 858-668-4604 or ddevries@poway.org CITY COUNCIL Review of the Draft 2020-2029 Housing Element Update and Submittal of Draft to the California Department of Housing and Community Development for 60-Day Review Each California municipality is required by Article 10.6 of the Government Code (Sections 65580-65590) to adopt a Housing Element as part of the General Plan. Unique from other General Plan elements, the Housing Element is subject to detailed statutory requirements and mandatory review by the California Department of Housing and Community Development (HCD). Changes to State law for the new Housing Element cycle require cities to adopt and submit an updated Housing Element to HCD by August 13, 2021 to avoid penalty. State Law also requires jurisdictions to submit draft documents to HCD for review and comment for a 60-day review prior to adoption pursuant to Government Code Section 65585(b). The Draft City of Poway 2020-2029 Housing Element Update (Draft Housing Element) addresses statutory requirements and public feedback. This is an early draft and will be revised based on public input and City Council direction. Recommended Action: It is recommended that the City Council provide feedback to staff regarding the Draft Housing Element and authorize the Draft Housing Element to be submitted to HCD for 60-day review with any requested modifications. Discussion: Background State law requires local governments to meet housing goals by requiring all jurisdictions to prepare, implement, and update the Housing Element of its General Plan. The Draft Housing Element for the City of Poway covers June 30, 2020 to April 15, 2029. The previous Poway Housing Element (2010-2020) was adopted in 2013. The Draft Housing Element is similar to the previous Housing Element except that updates were made in accordance with State mandates, a new Residential Sites Inventory 1 of 8 May 4, 2021, Item #14that identifies all affordable housing sites is included, and housing policies and programs are modified to be in compliance with new State mandates and address public feedback. The Public Safety Element is also in the process of being updated to meet the requirements of SB1035 which include requirements to reduce wildfire risk. The Draft Public Safety Element is anticipated to be released for review later this year. New procedures require that the Draft Housing Element be submitted to HCD for review and comment prior to adoption by the jurisdiction. In order to comply with State law, staff anticipates bringing the final Housing Element Update to City Council for adoption August 3, 2021. The penalty for not adopting the Draft Housing Element by August 13, 2021 is that the housing element would be required to be updated after four years, instead of an eight-year cycle. On November 4, 2020, the Planning Division released an online public survey regarding housing and public safety in Poway. This survey was available through November 30, 2020. There were 529 survey respondents. Respondents were asked to respond only one time per household. Except for six respondents, all were Poway residents including 79 percent who identified themselves as property owners and four percent who identified themselves as renters. Other respondents included Poway business owners (seven percent) and housing advocates (one percent). Topics for the survey included demographic information, public safety, wildfire prevention, architectural styles, and housing needs, opportunities, and constraints. Highlights from the survey included: • As it relates to public safety, the large majority (92 percent) of respondents felt safe in Poway. Respondents called for more traffic management and less neighborhood growth as potential safety solutions. • As it relates to wildfire prevention, respondents believed that emergency response times, access for fire trucks, evacuation routes, and vegetation management were the most important factors in wildfire prevention. • Related to housing, the large majority (88 percent) of respondents believed current housing options met their needs. However, many respondents called for more affordable housing options. When asked what most likely prevented respondents or others they know from owning a house in Poway, the top four answers were property taxes, not having enough money for a down payment, homes not fitting their quality standards in the target price range, and not having enough money for the monthly mortgage payment. When discussing new housing opportunities, the top responses called for the preservation of natural open space, including more trees, landscaping, and single-family housing, reducing building heights, and enhancing connectivity and private open space. Preserving open space, the high cost of construction, and the availability and cost of land were noted as the most significant constraints effecting the construction of housing. As it relates to architectural styles for new multi-family housing developments, most respondents felt that compatibility with surrounding developments and allowing owners to choose the styles were most important. There was very little desire for modern architectural styles. • Related to needed neighborhood improvements, the top responses were crime prevention, reduced wildfire risk, rehabilitating existing neighborhoods, and enforcing proper maintenance of private residences. On Thursday, November 19, 2020, the City hosted a Virtual Housing and Public Safety Element Workshop. The City provided a robust outreach program which included a public notice on the City's website, with notifications sent out to news subscribers and the Poway Today e-newsletter list. Notification was provided to news and social media outlets, related list serve registrants, and community and housing stakeholders including various community and special interest groups 2 of 8 May 4, 2021, Item #14serving affordable housing and special needs populations. The workshop included moderation by the City's Planners, Fire Marshal, and Crime Prevention Specialist. At least 16 people were in attendance. Several attendees were proud of the City being safe and many attendees felt that more affordable housing opportunities would be a good change for the City. Comments included, but were not limited to, the following: • Retain the City's rural character/motto; • Preserve open space; • Provide housing within the urban core and more ADA accessible, multigenerational, and affordable housing; • Provide diverse designs compatible with surrounding areas and with the City's rural character; • Promote walking, biking, and other outdoor opportunities; and • Reduce risks from wildfires and provide more wildfire education, enforce defensible space regulations, reduce traffic speeds, and increase pedestrian lighting. Full responses provided via the survey and a link to a related Poway Chieftain newspaper article summarizing the workshop are posted on the Housing and Public Safety Element Update webpage (www.poway.org/hpse). This feedback was considered in the Draft Housing Element. A second virtual community workshop on the Draft Housing Element was held on April 29, 2021 at 7 p.m. and staff will provide a summary of comments received as a part of staff's presentation for this item. The same outreach as the first workshop was used with the addition of notice to all registrants from the first workshop. Findings State law mandates that local governments adequately plan to meet existing and projected housing needs of all economic segments of the community. The law states that all jurisdictions must adopt land use plans and regulatory systems which provide opportunities for, and do not constrain, housing development. Government Code Section 65583 states that each jurisdiction in the State is required to update its Housing Element to plan to accommodate its share of regional housing needs. The Regional Housing Needs Assessment (RHNA) is the total number of housing units needed to meet the regional demand. Each jurisdiction is required to accommodate its fair share of units. "To accommodate" means that zoning is in place and sites are identified where the units could be located. It does not require that the units be produced. The housing unit share is identified by income categories -very low, low, moderate, and above moderate. The RHNA process for the next housing element cycle is an over eight-year cycle Uune 30, 2020 to April 15, 2029). This cycle is aligned with other jurisdictions in the region as all are required to update their Housing Elements at the same time. Poway's fair share of the RHNA housing unit allocation, as adopted by SAN DAG, is 1,319 units. While Poway received a slight increase (up from 1,253 units) from the previous fifth Housing Element cycle, many jurisdictions received significant increases (often two or three times higher than the fifth Housing Element cycle). Table 1, on the following page, details the housing unit distribution in all four income categories for Poway and the San Diego region as required by State law for the 2020-2029 housing cycle. 3 of 8 May 4, 2021, Item #14Table 1 Regional Housing Needs Assessment (RHNA) 6/30/20 to 04/15/2029 Poway Total Housing Units 1,319 Very Low3 468 Low 268 Moderate 241 Above Moderate 342 1SANDAG Final RHNAfor the City of Poway 2HCD RHNA Determination for the San Diego region 350% to be Extremely Low Income Percent of Total1 Region 100% 171,685 35.5% 42,332 20.3% 26,627 18.3% 29,734 25. 9% 72,992 Percent of Tota12 100% 24.7% 15.5% 17.3% 42.5% The Draft Housing Element is designed to provide the City with a coordinated and comprehensive strategy for promoting the production of safe, decent and affordable housing within the community. The Draft Housing Element presents a plan to achieve the City's housing goal while meeting the requirements of the State of California (Article 10.6 of the Government Code) and includes: • Analysis of the previous Housing Element (2010-2020) and current housing factors (physical, fiscal, regulatory); • Identification of constraints to achieving the housing goal including constraints to furthering fair housing; and • Proposed modifications and refinements to the objectives, policies and programs identified in the previous Housing Element. The Draft Housing Element programs in Chapter 6 address existing and new legislation pertaining to housing for special needs (emergency homeless shelters, transitional housing, supportive housing, low barrier navigation centers, etc.), Density Bonus law, SB 35 Permit Streamlining processes, No Net Loss provisions, updating the Public Safety Element, and monitoring and reporting for housing production and furthering fair housing. Based on public comments discussed previously, HCD recommendations to address State mandates, and/or staff recommendations, some other notable policy and program additions to the Draft Housing Element include: • Encourage State and Federal agencies to reduce constraints to the provision of housing. • Encourage the State to allow cities to implement their RHNA and implement their visions for their communities without State intervention and provide sufficient funding for affordable housing. • Continue to encourage SAN DAG and Caltrans to provide a multi-modal transit corridor along Scripps Poway Parkway and the SR-67 corridors to increase access to jobs and areas of opportunity. • Discourage short term rental of one or more rooms or whole homes on a daily or weekly basis to preserve permanent housing. • Encourage additional housing choices through the development of the Poway Road Specific Plan (PRSP). • Encourage diverse housing design with varying architectural styles, roof and siding materials, colors, and architectural projections while maintaining compatibility and unifying elements with the architecture in the surrounding area. 4 of 8 May 4, 2021, Item #14• Encourage reduced building heights, increased landscape and trees, and private and common active and passive open space in housing projects. • Encourage connections (connectivity) between housing and essential services, parks, trails and related amenities promoting outdoor walking and biking opportunities. • Encourage traffic safety and reduced congestion with appropriate analysis as a part of new housing projects. • Encourage the development of multigenerational housing through ADUs and junior ADUs. • Encourage safety within housing developments through Crime Prevention Through Environmental Design (CPTED), including increased pedestrian scale lighting. • Require new housing units in Very High Fire Hazard Areas to provide adequate fire access and suppression. • Ensure housing construction includes sufficient access including adequate street widths and load capacity along rural streets and curb, gutter, and sidewalk with street trees along nonrural streets. • Require trail easements and related trail improvements and connections for appropriate use as a part of new housing unit construction to promote health and wellness and connectivity. • Create objective design standards for new housing projects as determined by City Council. Based on past success of affordable housing developments in the City, many of the goals and strategies identified in the previous Housing Element Update will continue to be included in the Draft Housing Element. A critical factor to the actual production of affordable housing units will continue to be the identification of a funding mechanism post-redevelopment. The Draft Housing Element consists of the following Chapters: 5 of 8 • Chapter 1 -Introduction: Provides a brief overview of the purpose and background for the Draft Housing Element. It also includes State requirements with recent legislative amendments, a list of HCD required components, and a summary of public outreach and participation. • Chapter 2 -Community Profile: A profile and analysis of the City's demographics, housing characteristics, existing and future housing needs, and a fair housing assessment per AB 686 that analyzes and addresses constraints to fair housing choice and includes impediments imposed by the State and federal governments. As required by HCD, the fair housing assessment includes an analysis of integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs within the jurisdiction including displacement risk. • Chapter 3 -Constraints: An analysis of constraints to housing production and retention, including various market, governmental, and environmental limitations to meeting Poway's identified housing needs. Provisions for housing for special needs and constraints related to ADUs and providing housing within the Poway Road Specific Plan and the Farm in Poway Specific Plan areas are included. A new section on wildfire risk constraints is included. • Chapter 4 -Housing Resources: An overview of resources available to accommodate and provide housing for all income levels, including land available for new construction and financial and administrative resources available for housing in Poway. This chapter includes the new Residential Sites Inventory (RSI) to accommodate the RHNA. The RSI May 4, 2021, Item #14includes prospective ADUs, sites owned by the City or Poway Housing Authority, sites proposed for construction, and Poway Road Specific Plan sites to meet the needs of the RHNA at all income levels. The State allows Poway to meet its housing needs with sites that allow for up to 30 dwelling units per acre. No rezoning is proposed, and previous sites poised to be rezoned with the Affordable Housing Overlay Zone (AHOZ) were abandoned since the Poway Road Specific Plan sites provide sufficient density to meet State requirements. Projects not included in the RSI, but that will be utilized to meet the RHNA include Fairfield (212 units), The Farm in Poway (160 units), and the Outpost (53 units). These projects are accounted for in the Additional Above Moderate-Income Sites Inventory (Attachment A of the Draft Housing Element). • Chapter 5 -Program Accomplishments: An assessment of past accomplishments and an evaluation of programs that should be continued, modified or added in the new housing cycle. The City constructed 488 of the 1,253 housing units allocated by the 2010 to 2020 RHNA. While housing needs at the very low-and low-income affordability levels were met, only 10 of the 100 extremely low-income affordable units allocated were met. • Chapter 6 -Housing Plan: Outlines the City's overall housing goals, objectives, policies, and programs over the housing cycle (2020-2029), and addresses the City's identified housing needs and requirements to comply with State law. HCD is required to provide written comments on the Draft Housing Element within 60 days (Government Code Section 65585(b)) of receipt. Once comments are received from HCD, staff will determine whether any revisions to the document are required. Staff will incorporate comments from HCD into a final Housing Element Update document and release it for public review and comment. Staff anticipates bringing the final document to City Council on August 3rd for adoption. Upon adoption of the Housing Element, the document will again be submitted to HCD for certification. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA) Guidelines. Prior to adoption of the Housing Element Update, an Initial Study, Environmental Checklist and Negative Declaration will be prepared in accordance with the California Environmental Quality Act (CEQA). Fiscal Impact: None. Public Notification: A Notice of this workshop was posted on the City's website, with notifications sent out to news subscribers and the Poway Today e-newsletter list. Notification was provided to news and social media outlets, all registrants for first community workshop, related listserve registrants, and community and housing stakeholders. Attachments: A. Draft 2020-2029 Housing Element (on file in the Office of the City Clerk) https://docs.poway.org/Weblink/Browse.aspx?id=151667&dbid=0&repo=Cityof Poway 6 of 8 May 4, 2021, Item #14Reviewed/ Approved By: pU l----Wend~:erman Assistant City Manager 7 of 8 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager May 4, 2021, Item #148 of 8 Draft 2020-2029 Housing Element (on file in the Office of the City Clerk) https://docs.poway.org/Weblink/Browse.aspx?id=151667&dbid=0&repo=CityofPoway ATTACHMENT A