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02-15-2022 Agenda Packetspeak and are joining the meeting online, please let the City Clerk know prior to the meeting or the announcement of the item by raising your hand digitally or by submitting a chat. If you are not using your computer's audio, please remember to enter your Participant ID on your computer screen when prompted on the phone. If you choose to call in without logging in on line and you wish to speak on an item, you may press *9 when the Mayor asks for speakers at the time that the item you wish to speak on is being considered. You may speak up to three (3) minutes. The Mayor may reduce this time if there are a large number of speakers. PLEASE NOTE: Comments submitted via email will be accepted until 3:00 p.m. of the meeting date and distributed to the City Council as well as be made available online after the meeting. Technical Support I For more information on how to connect, visit www.poway.org/meetinghelp. Agenda Materials I This agenda contains a brief summary of each item the Council will consider. The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway.org. Sign up at https:/ /poway.org/list.aspx to receive email notifications when City Council agendas are published online. Items listed on the agenda with a "#" symbol are in preparation. American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting. The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER: ROLL CALL: PLEDGE OF ALLEGIANCE: MOMENT OF SILENCE: PRESENTATION: PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes. Speakers have one opportunity to address the Council under Public Comment. CONSENT CALENDAR: The Consent Ca lendar 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. 2 of 5 Regular City Council Meeting February 15, 2022 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the January 18, 2022 Regular City Council Meeting Minutes 3. Adoption of Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic 4. Approval of Consultant Agreements with Ninyo & Moore Geotechnical & Environmental Sciences Consultants and NOVA Services, Inc. for As-Needed Geotechnical Services; RFP 22-018 5. Acceptance of Public Improvements for the Filhart Residence Project, Wl18-001 6. Award of Contract to M-Rae Engineering, Inc. for the FY21-22 Water Valve Replacement Project; Bid No. 22-003 7. Acceptance of the Bowron Road Sewer Upsize Project; Bid No. 21-015, with T.E. Roberts, Inc., as Complete 8. Side Letter Amending the Memorandum of Understanding (MOU) between the City of Poway and Teamsters, Local 9-1-1 Changing the Work Schedule for Water Treatment Plant Operators ORDINANCES FOR INTRODUCTION: None ORDINANCES FOR ADOPTION: 9. Second Reading and Adoption of Ordinance No. 852 entitled "An Ordinance of the City Council of the City of Poway, California, Adopting Boundaries for City Council Districts Pursuant to the Fair Maps Act (Government Code 21601 Et Seq.)." City Manager's Recommendation: It is recommended that the City Council adopt Ordinance No. 852. 10. Second Reading and Adoption of Ordinance No. 853 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Sections 3.28.060, 3.28.070, 3.28.110, 3.28.120 and Adding 3.28.150 to Chapter 3.28 (Purchasing) of the Poway Municipal Code City Manager's Recommendation: It is recommended that the City Council adopt Ordinance No. 853. PUBLIC HEARINGS: 11. Tentative Tract Map 22-002; A Request for Approval of the Third One-Year Time Extension for a Previously Approved Subdivision (Tentative Tract Map 16-005) and a Request to Lower the Pad Elevation of Lot 8 by Approximately Five Feet City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. 3 of 5 Regular City Council Meeting February 15, 2022 12. An Ordinance Amending Title 16 of the Poway Municipal Code, Sections 16.58.020, 16.58.090, 16.58.100, 16.58.110, 16.60.030, 16.62.030, 16.82.220, and 16.82.400, Relating to Floodplain Management Regulations City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing, and introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for March 1, 2022. 13. Minor Conditional Use Permit (MCUP) 21-004: A Request to Store Two Seatainers at Fire Station 2 Located at 16912 Westling Court City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. 14. Ambulance Rates Study and Resolution Amending and Establishing the Emergency Medical Services and Ambulance Transport Fees City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing, receive the ambulance rates study report, and adopt the Resolution amending the emergency medical services and ambulance transport fees within the Fire Department section of the Master Fee Schedule. STAFF REPORTS: 15. Pre-Development Conference 21-004/22-001; A Request for Review of a Proposal to Modify a Conditional Use Permit and Reclamation Plan for the Mining Site Operated by Granite Construction to Provide for a Battery Energy Storage System Facility and an Amendment to the South Poway Specific Plan to allow Transmission Poles in the Natural Open Space area at 10975 Beeler Canyon Road City Manager's Recommendation: It is recommended that the City Council provide input and direction regarding the request. WORKSHOPS: 16. Adobe Ridge, Silver Ridge, and Ted Williams Parkway Groves Workshop City Manager's Recommendation: It is recommended that the City Council provide input and direction for the adaptive repurposing of the three citrus groves owned by the City. COUNCIL-INITIATED ITEMS: COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1 234 -(G.C. 53232(d)) CITY MANAGER ITEMS: CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) ADIOURNMENT 4 of 5 Regular City Council Meeting February 15, 2022 State of California County of San Diego ) ) ss. ) AFFIDAVIT OF POSTING I, Ana Marie Alarcon, CMC, Senior Administrative Assistant of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on February 8, 2022. Said meeting to be held at 7:00 p.m., February 15, 2022, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. av ~ Ana Marie Alarcon, CMC, Sr. Admin. Asst. 5 of 5 Regular City Council Meeting February 15, 2022 1 of 8February 15, 2022, Item #2AGENDA RE PO RT City of Poway DATE: TO: FROM: February 15, 2022 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk ~ (858) 668-4535 or cgallagher@poway.org CITY COUNCIL SUBJECT: Approval of the January 18, 2022 Regular City Council Meeting Minutes Summary The City Council Meeting Minutes submitted hereto for approval are: • January 18, 2022 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 January 18, 2022 Regular City Council Meeting Minutes. Public Notification: None. Attachments: A. January 18, 2022 Regular City Council Meeting Minutes Reviewed/ Approved By: ·lJ '1MJ(: L------Wend~aserma n Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney 2 of 8February 15, 2022, Item #2ATTACHMENT 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 January 18, 2022 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Vaus called the Regular Meeting to order at 7:00 p.m. ROLL CALL Present: Barry Leonard, Caylin Frank, Dave Grosch, John Mullin, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Director of Community Services Audrey Denham; Interim Fire Chief Scott Post; 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 Mullin led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. PRESENT A TIO NS PUBLIC COMMENT Joe St. Lucas (via teleconference) spoke regarding home occupation permits. Yuri Bohlen (via teleconference) spoke regarding the Carriage Center demolition and questioned a timeline for new construction. 3 of 8February 15, 2022, Item #2City of Poway -Minutes -January 18, 2022 CONSENT CALENDAR Item 7. Poway Dam Emergency Action Plan was previously removed from the Consent Calendar. Motioned by Mayor Vaus seconded by Councilmember Frank to approve Consent Calendar Items 1 through 6 and 8 through 10. 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 November 16, 2021 Regular City Council Meeting Minutes, December 7, 2021 Special City Council Meeting Minutes and December 7, 2021 Regular City Council Meeting Minutes 3. Adoption of Resolution No. 22-001 entitled "A Resolution of the City Council of the City of Poway, California, Finding and Declaring the Continued Existence of an Emergency within the City due to the Novel Coronavirus (COVID-19) Global Pandemic" and Resolution No. 22-002 entitled "A Resolution of the City Council of the City of Poway, California, Allowing for The Continued Use of Teleconferencing for Meetings During the Covid-19 State Of Emergency, Pursuant to California Assembly Bill 361 (2021-2022)" 4. Approval of Consultant Agreements with Michael Baker International Inc. and Charles Abbott Associates, Inc. for As-Needed Plan Review Services; RFP No. 22-008 5. Acceptance of the FY 2021-22 Citywide Striping Project; Bid No. 21-013, with Safe USA, Inc., as Complete 6. Acceptance of the LED Street & Safety Lighting Conversion Project; RFP No. 19-025 with Tanko Lighting, Inc. as Complete 7. Poway Dam Emergency .~ction Plan Removed from agenda on 1/12/2022 8. Approval of Consultant Agreement with Balance Hydrologies, Inc. for Design Services for the Rattlesnake Creek 30% Design Project; RFP No. 22-014 9. Approval of Consultant Agreements with Right-of-Way Engineering Services, Inc. and NV5, Inc. for As-needed Land Surveying Services; RFP 22-015 10. Adoption of Resolution No. 22-003 entitled "A Resolution of -the City Council of the City of Poway, California, to Increase the Budgeted Full Time Equivalent (FTE) Level Of The Regular, Part-Time Park Ranger Position In The Community Services Department From 0.48 FTE To 0.50 FTE" Mayor Vaus reordered the agenda to hear COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS at this juncture. 2 4 of 8February 15, 2022, Item #2City of Poway -Minutes -January 18, 2022 ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION Mayor Vaus reordered the agenda to hear Item 11 after Item 12. 11. Second Reading and Adoption of Ordinance No. 851 entitled "An Ordinance of the City Council of the City of Poway, California, Approving Specific Plan Amendment 21-002 to the Old Coach Golf Estates Specific Plan to Transfer Development Rights of Four Single-Family Residential Lots Included in Tentative Tract Map (TTM) 06-02 to a 15.6-Acre Remainder Parcel to be Developed with Six Single-Family Residential Lots, Establish Development Standards for a Proposed Subdivision and Preserve Open Space." No speakers. Motioned by Councilmember Leonard seconded by Deputy Mayor Mullin to adopt Ordinance No. 851 entitled "An Ordinance of the City Council of the City of Poway, California, Approving Specific Plan Amendment 21-002 to the Old Coach Golf Estates Specific Plan to Transfer Development Rights of Four Single-Family Residential Lots Included in Tentative Tract Map (TTM) 06-02 to a 15.6-Acre Remainder Parcel to be Developed with Six Single-Family Residential Lots, Establish Development Standards for a Proposed Subdivision and Preserve Open Space." Motion carried by the following roll-call vote: Ayes: Mullin, Frank, Grosch, Leonard Noes: None Abstained: Vaus Absent: None Disqualified: None PUBLIC HEARINGS: Mayor Vaus reordered the agenda to hear Item 12 after COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS. 12. Post 2020 Census Redistricting Process -Third Public Hearing Mayor Vaus opened the Public Hearing at 7: 15 p.m. City Attorney Alan Fenstermacher (via teleconference) presented the report along with a PowerPoint presentation. He stated that two initial public hearings were held on November 16 and December 7, 2021 to take public comment on the process and discuss the process along with the census results. He spoke regarding the requirement to reconsider the City's current redistricting map following every decennial census. He explained that tonight's public hearing is the first of two intended to discuss the map. He reminded Council of federal and state requirements for the map and other traditional redistricting principles noting that the current map remains in compliance with all legal requirements. He noted that final public hearing is scheduled for February 1, 2022, followed by first reading of the proposed ordinance. He further 3 5 of 8February 15, 2022, Item #2City of Poway -Minutes -January 18, 2022 explained that the described timeline would allow for the map to be fully adopted by prior to the April 17, 2022 deadline. Public Comment: Peter Neild spoke regarding concerns over certain district boundaries on the current map. Yuri Bohlen spoke in support of re-adopting the current map. End of Public Comment. Mayor Vaus closed the Public Hearing at 7:23 p.m. By consensus, Council directed staff to continue with the process and proceed with the recommendation as presented. STAFF REPORTS Mayor Vaus reordered the agenda to hear Item 13 after item 11. 13. A Resolution Approving an All-Way Stop Control at the Intersection of Martincoit Road and Stone Canyon Road City Engineer (via teleconference) Melody Rocco presented the item along with a PowerPoint presentation. She stated that staff received a request along with a petition to install an All-Way stop control at the intersection of Stone Canyon and Martincoit Rd. The petition met City requirements, and an engineering analysis of the intersection was completed. This same intersection had been previously analyzed at the request of Council in 2013 based upon concerns of speeding identified in the 2013 Engineering and Traffic survey. In 2013 and 2014 staff brought forward recommendations supported by the Traffic Safety Committee to install an All-Way Stop Control. The Council did not approve the recommendation but rather directed staff to analyze traffic calming measures. Restriping was completed, additional signage added, pavement legends and a flashing beacon with warning signs were installed. Ms. Rocco added that a new speed survey and traffic counts were taken· in 2021, and conditions were found to support the California Manual on Uniform Traffic Control Devices guidelines for "May Conditions" to install a stop sign due to their classifications of equal traffic volume, similar speed, and sight distance. The Traffic Safety Committee again voted to support the installation of an All-Way Stop Control. The following speakers submitted email correspondence in opposition to the All-Way Stop Control; Ted Reynolds, Gary Holden, Bob Shutter, Archie Pavek, Jerome Markus, Nikki Frampton, Jill Underwood, Jerry Markus and Ron Fisher. The following speakers submitted email correspondence in support to the All-Way Stop Control; James Ludwig, Gayle Fetsch, Mike Kelsey, Alicia Flohs, Tim Vanderveen, Judith LaBarbera, Jessica Studarus, Anonymous, Joyce Hoffman, Diana Berti, Tammy Trust, Kay Williams, Robyn Weller, Nicole Callaway, Melicent Tandra, Kerry Spark, Laura and Ray Walton, Ellen Kohls, Pam and Raj Kirpalani, Cathy Bishop, Janice Schock, Stephanie Dunnick, Nate Northup, Chuck Williams, Peter Hui, Robert Li, Pete Sievers and Grace Lieverman. 4 6 of 8February 15, 2022, Item #2City of Poway -Minutes -January 18, 2022 The following speakers submitted email correspondence neutral to the All-Way Stop Control; Don Laverty and Peggy Schultz. Public Comment: Larry Pollack spoke in support of an All-Way Stop Control; he noted both himself and his wife having been involved in two separate car accidents at this location. Anita Anders stated that due to the possibility of unintended consequences, she opposes the installation of an All-Way Stop Control. Gary Holden spoke in opposition of an All-Way Stop Control, he suggested alternatives can be considered. Coach Craig spoke in support of an All-Way Stop Control, he noted safety as a concern. Council discussion ensued regarding the effectiveness to alternatives to an All-Way Stop, and the lack of hard data to back up the existence of an actual problem at this intersection due to the lack of reported accidents at this location. Staff confirmed having no reported accidents at this intersection in the last eight years. In response to Council inquiry, Captain Dave Schaller, Sheriff's Department provided an explanation of a "call for service record". Council discussion ensued regarding the effectiveness of mitigation efforts. Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Resolution No. 22-004 entitled "A Resolution of the City Council of the City of Poway, California, Establishing an All-Way Stop Control at the Intersection of Martincoit Road and Stone Canyon Road." Motion failed by a 3/2 vote. (Leonard, Grosch, Mullin, No) 14. A Resolution Removing No Parking on the West Side of Old Pomerado Road in Front of Bette Bendixen Park City Engineer Melody Rocco (via teleconference) presented the item along with a PowerPoint presentation. She stated that staff received a request along with a petition to allow parking on the west side of old Pomerado Rd in front of Bette Bendixen Park. With the use of a map, she provided location details. She noted that staff conducted research and completed a field assessment of the area and it was concluded that the Sheriff's Department made the original request to approve a no-parking zone which City Council adopted by resolution in 1986. It has been determined that current road conditions and traffic patterns make it accessible to park in front of the park. In 2021, staff findings were presented to the Traffic Safety Committee who voted unanimously to support staffs recommendation to remove current parking restrictions. No speakers. Councilmember Frank stated that the park parking lot is shared with the VFW and noted that this solution for adding street parking will help parking concerns in the community. Councilmember Grosch voiced concern that allowing street parking may cause difficulties to patrons leaving the VFW parking lot. 5 7 of 8February 15, 2022, Item #2City of Poway -Minutes -January 18, 2022 Motioned by Mayor Vaus, seconded by Councilmember Leonard to adopt Resolution No. 22-004 entitled "A Resolution of the City Council of the City of Poway, California, Removing No Parking on the West Side of Old Pomerado Road in front of Bette Bendixon Park." Motion carried unanimously. 15. Final Needs Assessment for Community Park City Planner David DeVries (via teleconference) introduced PROS Consulting Inc., Vice President Neelay Bhatt (via teleconference) to present the item. Mr. Bhatt spoke regarding the process used to engage a number of different user groups in the community to identify top priorities. He added that the needs assessment included extensive research, analysis and a very extensive public outreach program. He credited the work by City staff resulting in high levels of public participation through the survey process. Mr. DeVries added that if adopted by the City Council this evening, the assessment will be used to prioritize future improvements to Community Park as a part of future CIP project programming, he noted that the results of this assessment would be used to prioritize projects and develop a long-term concept plan for implementing improvements that would be used to match up prioritize projects, with available funding each year with the CIP budget process. No speakers. Councilmember Grosch asked staff if passing a budget was necessary to meet the needs identified in the assessment. City Manager Hazeltine stated that Council approval is necessary to appropriate funding required for any improvements however some smaller improvements requiring lesser funding can be quickly identified in the 2022/23 FY Budget. He added that it would take many years to complete all the projects identified in the assessment. Councilmember Leonard reiterated some of the identified priorities and asked staff to provide options and costs associated with some of these improvements, he inquired on the availability of grant money. Deputy Mayor Mullin concurred with Councilmember Leonard and stated that rather than make urgency a priority, that staff return with options and budgeted amounts. Mayor Vaus concurred and asked staff to return with options for low hanging fruit in conjunction with a budget to accomplish these improvements. Motioned by Councilmember Leonard, seconded by Deputy Mayor Leonard to adopt the Final Needs Assessment for Community Park. Motion carried unanimously. WORKSHOPS: None. 6 8 of 8February 15, 2022, Item #2City of Poway -Minutes -January 18, 2022 COUNCIL-INITIATED ITEMS: None Mayor Vaus reordered the agenda to hear the following Item after the Consent Calendar. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) Councilmember Leonard noted having attended the grand opening of the Apollo Senior Apartment Complex on Poway Road; he added that the complex contains 44 units of affordable housing as part of the Poway Road Specific Plan. Councilmember Grosch added that the Friends of the Poway Seniors assisted a resident in need by providing her with furniture; he commented on and complimented staff on the City sponsored Winter Fest Event, he mentioned awaiting a construction schedule for the Outpost project, and noted having attended Carols by Candlelight. Mayor Vaus commented on Winter Fest and how it touches the lives of so many in the community including those with special needs. He added that the Apollo Senior Apartment Complex will be a nice addition to the affordable housing options in Poway and how it will benefit veterans. CITY MANAGER ITEMS: None. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) ADJOURNMENT The meeting adjourned at 8:37 p.m. in honor of Elitha Norling. 7 Carrie Gallagher, CMC City Clerk City of Poway, California February 15, 2022, Item #3DATE: TO: FROM: CONTACT: SUBJECT: Summary: February 15, 2022 Honorable Mayor and Members of the City Council Scott Post, Interim Fire Chief <(15 Scott Post, Interim Fire Chief (858) 668-4462 or Spost@poway.org City of Poway CITY COUNCIL Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVI D-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 appr,oved a resolution proclaiming a local emergency. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. Recommended Action: It is recommended that the City Council approve a resolution continuing the Proclamation of Local Emergency authorizing the City Manager to take necessary actions to protect the public and welfare of the City from the serious and imminent threat of COVI D-19. This action requires a four-fifths (4/5) vote of the City Council. Discussion: The COVID-19 global pandemic continues to impact business, education, healthcare, military, and social segments of the United States. COVID-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. In 2021, the City Council approved to continue the emergency action on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 20, August 3, August 17, September 7, October 5, October 19, November 2, November 16, December 7. In 2022, the City Council approved to continue the emergency action on January 18 and February 1. The adopted 1 of 5 February 15, 2022, Item #3resolution requires the City Council to 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 January 31, 2022, City costs to respond to COVID-19 are estimated at $1,047,980. These costs specifically 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 $20,393,896 as of June 30, 2021, 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, $13,179,618 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 businesses. As of January 31, 2022, 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 and four loans totaling $148,000 have been repaid. The reserve fund will be replenished from the repayment of PEARL loans over a three-year period following the end of the local COVID-19 emergency. This period falls within the General Fund Reserve Policy's direction to fully replenish reserves within five years of use. Public Notification: None. Attachments: A. Resolution B. Proclamation of Local Emergency Reviewed/Approved By: WemJ~serman Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney e City Manager February 15, 2022, Item #3RESOLUTION NO. 22-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, April 20, May 4, May 18, June 1, June 15, July 20, August 3, August 17, September 7, October 5, October 19, November 2, November 16, December 7, and in 2022 on January 18 and February 1; 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 3 of 5 ATTACHMENT A February 15, 2022, Item #3Resolution No. 22-Page 2 finds and declares: SECTION 1: An emergency continues to exist within the City as the result of the Novel Coronavirus (COVI D-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 15th day of February, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4of5 February 15, 2022, 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 ofS ATTACHMENT B February 15, 2022, Item #4DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway February 15, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /AA Henry Trang, Senior Civil Engineer Hf (858) 668-4602 or htrang@poway.org CITY COUNCIL Approval of Consultant Agreements with Ninyo & Moore Geotechnical & Environmental Sciences Consultants and NOVA Services, Inc. for As-Needed Geotechnical Services; RFP No. 22-018 In November 2021, the City sent out a Request for Proposals (RFP) for as-needed geotechnical services. This action will approve the Consultant Agreements with Ninyo & Moore Geotechnical & Environmental Sciences Consultants (Ninyo & Moore) and NOVA Services, Inc. to provide as-needed geotechnical services. The length of the agreement is from February 21, 2022 through February 20, 2024, with a provision to mutually extend the agreements with three extensions of one year each. Recommended Action: It is recommended that the City Council authorize the City Manager to execute the Agreements with Ninyo & Moore (Attachment A) and NOVA Services, Inc. (Attachment B) for as-needed geotechnical services per the outlined terms of the Agreements. Discussion: Staff issued an RFP in November 2021 for as-needed geotechnical services and received nine proposals. After a thorough evaluation of the nine proposals submitted, staff selected Ninyo & Moore and NOVA Services, Inc. as the firms best suited to meet the City's current and future needs. Proposals were evaluated based on established criteria as found in the RFP, including a demonstration of understanding the services requested, qualifications of the firms and specific individuals, demonstrated record of success by the consultant on work previously performed for the City or other municipalities, schedule of hourly rates and references. Rates for the firms are consistent with industry standards. As-needed services will support Development Services staff with geotechnical services for various capital improvement and private development projects. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). 1 of 54 February 15, 2022, Item #4Fiscal Impact: All costs incurred for geotechnical services associated with private projects under this agreement are fully offset by developer fees. Funding for services related to public projects is within individual Capital Improvement Program project budgets. Public Notification: None. Attachments: A. Standard Agreement for Consultant Services with Ninyo & Moore Geotechnical & Environmental Sciences Consultants, including the Scope of Work and Fee Schedule B. Standard Agreement for Consultant Services with NOVA Services, Inc., including the Scope of Work and Fee Schedule Reviewed/ Approved By: l._.----Wend aserman Assistant City Manager 2 of54 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~fti? City Manager February 15, 2022, Item #4City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 21st day of February, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform as-needed geotechnical engineering services (Project); WHEREAS, Consultant is a professional engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 3 of 54 ATTACHMENT A February 15, 2022, Item #45. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 2 4of54 February 15, 2022, Item #4"Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (8) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: ~ 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 5 of 54 3 February 15, 2022, Item #4(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Perm its, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 6 of 54 4 February 15, 2022, Item #4(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of54 5 February 15, 2022, Item #4Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 6 8 of 54 February 15, 2022, Item #4Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 7 9 of54 February 15, 2022, 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: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 10 of 54 NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES 8 By:------------Mark Cuthbert, PE, Principal Engineer Date: ___________ _ February 15, 2022, Item #4"SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the as-needed geotechnical services further described in the Scope of Services submitted with the proposals dated December 14, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. 8. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated December 14, 2021, which are included in this document as Attachment 2. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing February 21, 2022, and ending February 20, 2024, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the 11 of 54 1 February 15, 2022, Item #4following 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) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 12 of 54 2 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 Ninyo & Moore 5710 Ruffin Road San Diego, CA 92123 February 15, 2022, Item #4Attachment 1 Proposal I Scope of Services 5. Scope of Services Ninyo & Moore is a professional geotechnical and environmental sciences consulting firm providing services in geotechnical engineering, engineering geology, engineering geophysics, hydrogeology, soil and materials testing, special inspection and environmental sciences. Specific areas of expertise and specialization include the following: Geotechnical Engineering Services The discipline of geotechnical engineering includes several aspects. At Ninyo & Moore, geotechnical professionals: • Design foundations, drainage systems and pavement sections. • Evaluate geotechnical hazards. • Provide earthwork recommendations. • Evaluate soil parameters. • Assist in the development of project plans and specifications. • Evaluate seismic risks. • Design structural repairs. • Provide construction support. • Participate in value engineering. • Provide expert testimony on forensic projects. • Oversee laboratory testing. Typical geotechnical engineering projects will involve: • Review of background information such as relevant geotechnical reports, project plans and specifications, and other pertinent data. • Conducting field studies in order to assess the nature of the on-site geotechnical conditions including the subsurface soil characteristics. • Laboratory testing to assess the nature and behavior of soils. • Performance of engineering analyses to address slope stability, liquefaction, soil swell and settlement, site response, foundation design, pavement thickness, and percolation. • Preparation of project design and construction reports. Field services for geotechnical projects might include: • Review of background information such as relevant geotechnical reports, project plans and specifications, and other pertinent data. • Conducting field studies in order to assess the nature of the on-site geotechnical conditions including the subsurface soil characteristics. • Laboratory testing to assess the nature and behavior of soils. • Performance of engineering analyses to address slope stability, liquefaction, soil swell and settlement, site response, foundation design, pavement ·thickness, and percolation. • Preparation of project design and construction reports. Develop Scope of Work Based on Approved Plans and Specifications Project Personnel Utilization Develop Sampling Protocols and Documentation Controls Establish Communication Lines Utilize Established Project Controls Perform Geotechnical Field and Laboratory Testing Quality Assurance Review Submit Written Reports Project Closeout and Successful Project Completion Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 13 of 54 38 February 15, 2022, Item #4Proposal I Scope of Services Typical laboratory soil tests that are performed for geotechnical studies include • Particle gradation. • Atterberg limits. • Consolidation potential. • Direct shear strength. • Expansion index. • Abrasion and durability. • In-situ moisture content and dry density. • Maximum dry density and optimum moisture content. • Compression testing of concrete and masonry components. • Percent asphalt and gradation of AC materials. • Hveem and theoretical maximum (Rice) unit weights of AC materials. • Hveem stability of AC materials. • Wet-track abrasion of asphalt slurries. • R-value or California Bearing Ratio (CSR). • Soil corrosivity including pH, electrical resistivity, chloride content, and sulfate content. Results of the geotechnical design studies are presented in project reports that usually provide geotechnical recommendations addressing foundation type and design, earthwork, seismicity, temporary and permanent excavations, trench backfill, lateral earth pressures, dewatering, corrosion and cement type, and pavement structural section. Construction reports typically summarize the results of the field and laboratory testing performed during construction and relate them to the requirements of the project documents including the plans and specifications. All Ninyo & Moore geotechnical projects are supervised and often conducted by registered professional engineers. Geologic Services Geologic evaluations are used to characterize on-site geologic conditions and to assess the potential geologic impacts to planned or existing site improvements. Geologic evaluations may be performed as part of a geotechnical study or as a free-standing evaluation. Geologic studies generally include a review of published geologic documents, and collection of field observations to verify and augment data from published materials. Geologic evaluations may also include preparation of stratigraphic maps that show such features as bedding, foliation, fracturing, unit type, faults, fissures, landslides and slope failures, and sinkholes. Subsurface conditions are also evaluated through the excavation of exploratory borings and test pits. Large-diameter borings are often used to assess existing or potential landslides, and the condition of fill materials. In addition, fault trenches are used to assess location of faulting in areas where planned improvements encroach upon active/potentially active faults. All Ninyo & Moore geologic projects are supervised and often conducted by registered professional Sinkhole Evaluation geologists and/or certified engineering geologists. Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 14 of 54 39 February 15, 2022, Item #4Proposal I Scope of Services Coordination and Quality Control Ninyo & Moore's coordination and quality control services may include: • Project coordination. technical support and management, including review of the project geotechnical reports, plans and specifications, work scheduling, and submittal of applicable forms for each specialty inspector. • Distribution of test and inspection reports to the City Inspector, client Field Representative. and Construction Manager. • Attendance at project meetings, when requested. Materials Testing and Field Inspection Ninyo & Moore's materials testing and field inspection services may in-clude: • Field density testing of earthwork, subgrade preparation, and paving operations. Pavement Rehabilitation • Field technician services for sampling and testing fresh structural concrete. including measuring the slump. temperature, air-content, unit weight, and casting cylinders for compressive strength testing. • Field technician services for batch plant inspection during production of structural concrete and masonry grout including checking mix design, monitoring batch weights. sampling aggregates and preparing batch plant inspection records. • Field technician services for sampling construction materials such as reinforcing steel, concrete masonry units, high strength bolts, nuts, and washers, and cement. • Preparation of daily field reports and test data sheets. • Laboratory testing including structural and reinforcing steel conformance testing, and compressive strength testing of concrete, mortar. masonry prisms, and masonry grout specimens and non-shrink grout. • Preparation and submittal of the final summary of compaction reports. • Laboratory testing including structural and reinforcing steel conformance testing. and compressive strength testing of concrete. masonry mortar, concrete masonry units, masonry prisms, cores and grout specimens, as well as shear testing of masonry wall cores. • Preparation and submittal of the Final Laboratory Report. Specialty Inspection Services Ninyo & Moore's specialty inspection services may include: • continuous inspection during field and fabrication shop structural steel welding and as-needed Non-Destructive Testing (NOT) of full penetration welds. • Continuous inspection during fabrication of glu-lam beams including checking and documenting resin type and lot number, temperatures, additives, and sealing procedures. • Load and torque testing of post-installed anchors, including, hold downs, expansion bolts, and epoxy anchors. • Preparation of daily inspection reports to document the items inspected. • Continuous inspection of masonry construction including preparation of masonry prisms, grout and mortar samples. • Issuance of final inspection reports. Geophysical Services Ninyo & Moore's geophysical group is fully equipped and qualified to perform: • Seismic refraction and reflection surveys. • Downhole and cross hole shear wave surveys. • Electrical resistivity profiles and soundings. • Electromagnetic (EM) studies. • Ground penetrating radar (GPR) profiling. • Magnetic surveys. • Vibration monitoring. Ninyo & Moore I City of Poway As-Needed Geoteclmical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 15 of 54 40 February 15, 2022, Item #4Proposal I Scope of Services Our geophysical services are often useful in evaluating rock rippability and soil corrosivity, delineating the presence of buried underground structures such as underground storage tanks and piping, as well as utilities, characterizing site response, and locating faults. Environmental Services Although Environmental Services are not a provision of this contract, Ninyo & Moore geotechnical personnel are trained to recognize potential environmental hazards. If needed, under this contract, Ninyo & Moore can perform subsurface environmental investigations to evaluate the presence of suspected contaminants in soil and/or groundwater. We have extensive experience with multi-disciplinary projects involving investigation of soil and groundwater contamination. These projects routinely involve analytical testing programs, soil vapor tests, and environmental study reports. We have intimate knowledge of local, state and federal regulatory and permitting requirements. We are experienced in the preparation of plans and cost estimates for site contamination removal. Ninyo & Moore understand and confirm that performing any services for the City, whether within the defined scope of services or additional services, will be performed in a matter consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Quality Control Programs Ninyo & Moore has quality control programs for all services that facilitate compliance with project performance standards, schedules, and budgets. These comprehensive quality assurance plans utilize management approach manuals that delineate the interrelationship between management and technical staff and describe specific quality control procedures to be used during the project. The programs address time and budget management, client liaison, field and laboratory data collection, data compilation and analysis, report preparation, job safety, regulatory compliance, and peer and principal review. One important goal of our quality control program is to produce technical project data of known and acceptable quality on all work assignments. Ninyo & Moore's policy is to maintain professional standards in all aspects Trenching/Shoring of project tasks and management. Quality is achieved through: A separate quality assurance group to monitor quality on work assignments with independent corporate oversight. A detailed set of proven quality control procedures and protocols to cover all project aspects. A centralized document control system that ensures chain-of-custody control and a paper trail for all controlled documents. Detailed procedures for auditing, post-auditing, and non-conformance reporting. A training program for orienting all personnel on the quality control procedures. Involvement of project principals with specialty knowledge and experience. For example, the project principal will be familiar with conventional construction techniques and difficulties associated with various formations and soil conditions. Peer review of project documents and ongoing training to provide accurate and complete data. Follow-up with clients after project completion by the owner of the firm, Avram Ninyo, to gauge client happiness and the quality of our work product, and obtain feedback for improvements. Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14. 2021 16 of 54 41 February 15, 2022, Item #4Proposal I Scope of Services Project Delivery Project delivery is successfully achieved through: Ninyo & Moore provides a 4-hour response time for projects in close proximity to our offices. Personnel can be available for weekend and/or around-the-clock efforts, as project needs dictate. Ninyo & Moore's field engineers and geologists, field technicians, and special inspectors are available throughout the duration of their project assignment(s). Twenty-four-hours-a-day, seven-days-a-week, point-of-contact telephone, cell phone, and email information is provided to the designated City project manager/representative(s). Personnel Available for Around-the-Clock Needs Cost Control Project costs are tracked and controlled via a variety of resources including: Ninyo & Moore utilizes Deltek Vision to track projects in real-time and provide our clients with daily, weekly, and/or monthly progress reports, as required. Ninyo & Moore utilizes Sharepoint and Dropbox to provide laboratory and field reports to our clients. Kordata, a cloud-based platform provides our clients and employees with 24-hour, 7 days-a-week secure on-site and remote access to project-related reports, laboratory data, and other information. Staff can review, approve, and send results immediately I using dashboards, and reports can be emailed and/or placed in a document repository of the client's preference. }{in90~ ~oore .,;-s,c.-....... Ninyo & Moore's utilization of these tools has allowed us to become completely digital, allowing for data retrieval any time / anywhere internet access is available. They are also accessible on a variety of devices including PC, laptop computer, and iOS and Android mobile phones/tablets. Paperless Field Capabilities Laboratory Capabilities Ninyo & Moore geotechnical and materials testing laboratory services include: Maintains a fully equipped and calibrated, local in-house laboratory that provides soil, concrete, masonry, asphalt, steel, fireproofing, and high strength bolt testing. Laboratory testing is overseen by a registered civil engineer, and meets the requirements of ASTM E329, ASTM C1077, ASTM D3740, and ASTM D3666. Our testing laboratories have been inspected and/or accredited by the AASHTO, AMRL, CCRL, ASTM, and U.S. Army Corps of Engineers. Certified Materials Testing Laboratory Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14. 2021 17 of 54 42 February 15, 2022, Item #4Attachment 2 Proposal I Method of Compensation 4. Method of Compensation Ninyo & Moore is flexible in establishing lump sum (fixed-fee), not-to-exceed and time and materials contract task orders. All staff will be billed in accordance with the hourly rates for professional services per the Fee Proposal portion of this RFP. All laboratory testing will be billed in accordance with the unit rates provided in the attached fee schedule. All pot-holing will be billed in accordance with the unit rates provided in the attached fee schedule based on the assumptions stated in the fee schedule. We understand that each individual project will be based upon a detailed not-to-exceed fee proposal using a project specific scope of services. Field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal construction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a 4-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8-hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. Ninyo & Moore's in-house labor compliance department ensures adherence to Prevailing Wage and labor law and will submit the required certified payroll reports. Prevailing Wage Determinations are by the State of California, Director of Industrial Relations on a semiannual basis. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project. City of Carlsbad Tamarack Avenue Sinkhole "Ninyo & Moore has performed in an exemplari manner under the City of Carlsbad's on-call Agreements for Professional Geotechnical Consulting Services. Some of the geotechnical consulting projects completed during this timeframe were challenging. Among Ninyo & Moore's major attributes are a commitment to excellent client service, and a high level of responsiveness to our project requests. Ninyo & Moore is currently one of the City's geotechnical consultants of choice based on responsiveness, effective communication skills and quality of work. All professional services obtained by the City are provided through an open solicitation process. Ninyo & Moore's selection for these on-call agreements has been based on technical qualifications and past performance." Sherri Howard, Associate Engineer City of Carlsbad Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 18 of 54 37 February 15, 2022, Item #4Proposal I Fee Proposal 8. Fee Proposal Schedule of Fees -· . ---~ --~-~---·-------··----~------------------------------" ··-~-·---,.__,.._ ---Hourly Charges for Personnel_ . . , 1 • i Professional Staff Principal Engineer/Geologist/Environmental Scientist.......................................................................................... $ 168 Senior Engineer/Geologist/Environmental Scientist ............................................................................................... $ 164 Senior Project Engineer/Geologist/Environmental Scientist................................................................................. $ 160 Project Engineer/Geologist/Environmental Scientist .. .. ... ... . .. ... ... .... ......... ... ... ... ............... ... .. ...... .... .... .... ... ...... .... $ 156 Senior Staff Engineer/Geologist/Environmental Scientist..................................................................................... $ 141 Staff Engineer/Geologist/Environmental Scientist................................................................................................ $ 128 GIS Analyst............................................................................................................................................................ $ 114 Field Operations Manager..................................................................................................................................... $ 104 Supervisory Technician*........................................................................................................................................ $ 100 Nondestructive Examination Technician*, UT, MT, LP ......................................................................................... $ 105 Senior Field/Laboratory Technician*..................................................................................................................... $ 98 Field/Laboratory Technician*................................................................................................................................ $ 98 AC I Concrete Technician*..................................................................................................................................... $ 98 Concrete/Asphalt Batch Plant Inspector*.............................................................................................................. $ 98 Special Inspector (Concrete, Masonry, Steel, Welding, and Fireproofing)* ......................................................... $ 98 Technical Illustrator/CAD Operator....................................................................................................................... $ 86 Geotechnical/Environmental/Laboratory Assistant............................................................................................... $ 73 Information Specialist............................................................................................................................................ $ 73 Data Processina, Technical Editin , or Re reduction.......................................................................................... $ 64 Concrete Coring Equipment (includes one technician) ............................................................................. $ 180 /hr PID/FID Usage ............................................................................................................................................ $ 140 /day Anchor load test equipment (includes technician)...................................................................................... $ 108 /hr Hand Auger Equipment............................................................................................................................... $ 65 /day Inclinometer Usage ... ...... ..... ... . .... ... ...... .......... .... ... ................. ... . . . . ... .. . . ... ... . . . ......... ........... ............ ...... ...... $ 40 /hr Vapor Emission Kits . .. .. .. . .. .. .. ... .. . .. . .. . .. . . .. . .. .. . . .. . .. .. . . . . .. .. .. .. .. .. ... . . .. .. . .. . . . . .. . . .. . . . .. . .. .. .. .. . . .. . .. .. . .. .. . .. .. .. .. .. .. . ... . .. $ 40 /kit Level D Personal Protective Equipment (per person per day)................................................................... $ 30 /p/d Rebar Locator (Pachometer) ... .. ... . . ...... ..... ... ... .... ..... .......... ... .. ........ ... .............. .... ............... ...... .. ...... ......... $ 30 /hr Nuclear Density Gauge Usage .. ... .. ... . .... ... ...... ...... ................ ... ... ..... .......... ...... ......... .......... ...... ....... ... . .. .... $ 15 /hr Field Vehicle Usage ..... ... . .. .. ... ......... ...... . ... .... ..... .. ....... ......... ... .... .. ...... ... ...... .... ... .... . .. ... ... .... . .. .. ... .......... ... . $ 15 /hr Direct Project Expenses...................................................................................................................... Cost plus 15 % Laboratory testing, geophysical equipment, and other special equipment provided upon request. *Indicates rates that are based on Prevailing Wage Determination made by the State of California, Director of Industrial _ Relations on a semiannual basis. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project. Ninyo & Moore I City of Poway As-Needed Geotechnical Services. RFP No. 22-018 I P02-02632 I December 14, 2021 19 of 54 45 February 15, 2022, Item #4Proposal I Fee Proposal Schedule of Fees for Laboratory Testing SOILS CONCRETE Atterberg Limits, D 4318, CT 204 $ 170 Compression Tests, 6x12 Cylinder, C 39 California Bearing Ratio (CBR), D 1883 $ 550 Concrete Mix Design Review, Job Spec Chloride and Sulfate Content, CT 417 & CT 422 $ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI Consolidation, D 2435, CT 219 $ 300 Concrete Cores, Compression (excludes sampling), C 42 Consolidation, Hydro-Collapse only, D 2435 $ 150 Drying Shrinkage, C 157 Consolidation -Time Rate, D 2435, CT 219 $ 200 Flexural Test, C 78 Direct Shear -Remolded, D 3080 $ 350 Flexural Test, C 293 Direct Shear -Undisturbed, D 3080 $ 300 Flexural Test, CT 523 Durability Index, CT 229 $ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI Expansion Index, D 4829, IBC 18-3 $ 190 Lightweight Concrete Fill, Compression, C 495 Expansion Potential (Method A), D 4546 $ 170 Petrographic Analysis, C 856 Geofabric Tensile and Elongation Test, D 4632 $ 200 Restrained Expansion of Shrinkage Compensation Hydraulic Conductivity, D 5084 $ 350 Splitting Tensile Strength, C 496 Hydrometer Analysis. D 6913, CT 203 $ 220 3x6 Grout. (CLSM), C 39 Moisture, Ash. & Organic Matter of Peat/Organic Soils $ 120 2x2x2 Non-Shrink Grout, C 109 Moisture Only, D 2216, CT 226 $ 35 Moisture and Density, D 2937 $ 45 ASPHALT Permeability, CH, D 2434, CT 220 $ 300 Air Voids, T 269 pH and Resistivity, CT 643 $ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) Proctor Density D1557, D 698, CT 216, AASHTO T-180 $ 220 Asphalt Mix Design Review, Job Spec Proctor Density with Rock Correction D 1557 $ 340 Dust Proportioning, CT LP-4 R-value, D 2844, CT 301 $ 375 Extraction,% Asphalt, including Gradation, D 2172, CT 382 Sand Equivalent, D 2419, CT 217 $ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382 Sieve Analysis, D 6913, CT 202 $ 145 Film Stripping, CT 302 Sieve Analysis, 200 Wash, D 1140, CT 202 $ 100 Hveem StabMity and Unit Weight D 1560, T 246, CT 366 Specific Gravity, D 854 $ 125 Marshall Stability, Flow and Unit Weight, T 245 Thermal Resistivity (ASTM 5334, IEEE 442) $ 925 Maximum Theoretical Unit Weig ht. D 2041, CT 309 Triaxial Shear, C.D, D 4767, T 297 $ 550 Moisture Content, CT 370 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt $ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 Triaxial Shear, C.U., w/o pore pressure, D4767,T 2297 per pt $ 350 Slurry Wet Track Abrasion, D 3910 Triaxial Shear, U.U., D 2850 $ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) Unconfined Compression, D 2166, T 208 $ 180 Superpave, Gyratory Unit Wt., T 312 Superpave, Hamburg Wheel, 20,000 passes, T 324 MASONRY Unit Weight sample or core, D 2726, CT 308 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 $ 70 Voids in Mineral Aggregate, (VMA) CT LP-2 Brick Compression Test C 67 $ 55 Voids filled with Asphalt, (VFA) CT LP-3 Brick Effiorescence, C 67 $ 55 Wax Density, D 1188 Brick Modulus of Rupture, C 67 $ 50 Brick Moisture as received, C 67 $ 45 AGGREGATES Brick Saturation Coefficient, C 67 $ 60 Clay Lumps and Friable Particles, C 142 Concrete Block Compression Test, 8x8x16, C 140 $ 70 Cleanness Value, CT 227 Concrete Block Conformance Package, C 90 $ 500 Crushed Particles, CT 205 Concrete Block Linear Shrinkage, C 426 $ 200 Durability, Coarse or Fine, CT 229 Concrete Block Unit Weight and Absorption, C 140 $ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 Cores, Compression or Shear Bond, CA Code $ 70 Flat and Elongated Particle, D 4791 Masonry Grout. 3x3x6 prism compression, C 39 $ 45 Lightweight Particles, C 123 Masonry Mortar, 2x4 cylinder compression, C 109 $ 35 Los Angeles Abrasion, C 131 or C 535 Masonry Prism, half size, compression, C 1019 $ 120 Material Finer than No. 200 Sieve by Washing, C 117 Masonry Prism, Full size, compression, C 1019 $ 200 Organic Impurities, C 40 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 Chemical Analysis, A 36, A 615 $ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 Fireproofing Density Test, UBC 7-6 $ 90 Sand Equivalent, T 176, CT 217 Hardness Test, Rockwell, A 370 $ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 per assembly, A 325 $ 150 Sodium Sulfate Soundness, C 88 Mechanically Spliced Reinforcing Tensile Test, ACI $ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 Pre-Stress Strand (7 wire), A 416 $ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 $ 75 Structural Steel TensUe Test: Up to 200,000 lbs., A 370 $ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI $ 80 Roofing Tile Absorption, (set of 5), C 67 Roofing Tile Strength Test, (set of 5), C 67 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo & Moore is accredited to perform theAASHTOequivalentofmany ASTM test procedures. Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 20 of 54 $ 35 $ 300 $ 850 $ 120 $ 400 $ 85 $ 85 $ 95 $ 275 $ 80 $ 2,000 $ 450 $ 100 $ 55 $ 55 $ 85 $4,500 $ 180 $ 85 $ 250 $ 150 $ 120 $ 225 $ 240 $ 150 $ 95 $1,000 $ 150 $4,900 $ 100 $1,000 $ 100 $ 90 $ 90 $ 140 $ 180 $ 180 $ 175 $ 205 $ 180 $ 220 $ 180 $ 200 $ 90 $ 90 $1,250 $ 950 $ 475 $ 125 $ 120 $ 145 $ 450 $ 115 $ 175 $ 250 $ 250 46 February 15, 2022, Item #4Proposal I Fee Proposal TRil=COU TI7 DR~LLING, iNC. 963 7 CANDIDA STREET. SAN DIEGO. CA 92 7 26 L!CENSE#547737 PH: (858) 2 7 I -0099 FAX: (858) 2 7 1-02 33 Description Drill Rig Mobilization 2021 FEE SCHEDULE Prevailing Wage/Davis Bacon Wage Rates 2 Man Crew Canterra 450/Drilltech T25 KW Air Percussion/Air Rotary* Canterra 450: Mud Rotary* CME 75 High Torque Auger Air/Mud Rotary/Coring SIMCO 4000 Auger/Direct Push/Air Percussion/Mud Rotary/Coring* Diedrich D-120 All Terrain High Torque ATV Rig/Auger/Air Percussion/Mud* Diedrich D-120 High Torque Rig/Auger/Air Percussion/Mud Rotary/Coring* All Terrain Rubber Track Mounted Rig/Auger/Air Percussion/Mud Rotary* Additional Crew Member (3rd Man) Crew travel without Drill Rig (long term out of town jobs )& Daily Crew Travel from Hotel Water Truck (without driver) Smeal 5T Development Rig* with one man Service Truck/Flatbed with Liftgate Solids Control System (for mud rotary drilling) ASV-RC 100 Multi-Terrain Track Loader or Bobcat-Move On/Move Off -San Diego County ASV-RC 100 Multi-Terrain Track Loader or Bobcat-Move On/Move Off-Los Angeles County Bobcat Rental with OQerator and digging bucket ()-hour minimum} Bobcat Rental & digging bucket without Operator ASV-RC 100 Rental with Operator and digging bucket ( 4-hour minimum) ASV-RC I 00 Rental & digging bucket without operator ASV-RC 100 or Bobcat Attachments: Backhoe, Brush Cutter, Forklift Continuous Sampler (5' barrel) Steam Cleaner or Pressure Washer Submersible Pump (2" or 4") up to 75 gpm (Other pump up to 400 gpm -P.O.R.) HQ Wireline or NX Rock Coring System -5' Barrel (does not include bit charge) HQ Bit Charge Grout Mixing & Pumping Unit HSA Bit Rebuild Generator (up to 5 kw) Upgrade to Level "C" Air Compressor Rental -(375 cfm) Air Compressor Rental -(750 cfm) Concrete Cores, 6", 8" and 11" diameter, up to 8" deep Concrete Saw cut, 3' x 3' x 4" deep Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 21 of 54 Unit Price $250.00/Hour $525.00/Hour $525.00/Hour $435.00/Hour $395.00/Hour $465.00/Hour $455.00/Hour $435.00/Hour $94.00/Hour $200.00/Hour $330.00/Dav $270.00/Hour $225.00/Day $550.00/Day $418.00/Each $750.00/Each $275.00/Hour $295.00/Day $248.00/Hour $462.00/Day $215.00/Day $235.00/Dav $220.00/Dav $235.00/Dav $250.00/Dav $7.00/Foot $245.00/Dav $325.00/Each $150.00/Dav $143.00/Man/Day $688.00/Day $864.00/Dav $425.00/Each $500.00/Each 47 February 15, 2022, Item #4Proposal I Fee Proposal TY DRllLL1NG, I 963 I CANDIDA STREET SAN DIEGO. CA 92 126 LICENSE#54 773 7 PH: (858) 271-0099 FAX: (858) 271-0233 Air Percussion Bits -Up to 6" Diameter Air Percussion Bits -Up to 8"-1 O" Diameter Drill Teeth (Bullet) Per Diem (hotel+ meals) Per man Overtime, Weekend & Holiday Surcharge 2 man crew (overtime charged on all hrs over 8/day) Steam Cleaning (a) yard DWR Reporting Bentonite grout Bentonite chips DOT Drums Shelby tubes Polymer 1.5" x 6" Tubes and Caps 2.5" x 6" Tubes and Caps Plastic Container w/ 6 ea. 2.5" x I" Brass Rings Rig or Crew Standby HWT Casing Advance System Level C PPE-per crew member Cancellation Fee (Cancellation occurring less than 48 hours prior to drill date) Escalation Fee-3% Per Year C. $5.00/Ft. $7.00/Ft. $20.00/Each $200.00/Day $99.00/Hour $121.00/Hour $77 .00/Hour $28.00/Sack $28.00/Sack $65.00/Each $20.00/Each $80.00/Pail $8.00/Ea $8.00/Ea $46.00/Ea. $200.00/Hour $250.00/Dav $50.00/Day 4-Hour Minimum Full Worker's Comp, General Liability, and Pollution Liability Insurance Coverage WBE: City of San Diego, County of San Diego, OCTA, CAL TRANS WBE/DBE Certified California Public Utilities (CPUC) Certified WBE, (WOSB) Woman Owned Small Business-Federal Gov't SBE-State of California DGS, SBA Tri-County Drilling, Inc. Official Legal Name of Firm Sheryl Peterson President 1/22/2021 Print Name Title Date Signature Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 22 of 54 48 February 15, 2022, Item #4Proposal I Fee Proposal Pacific Drilling Co www .pacuri I I .com 5220 Anna Ave. Ste. A San Diego, CA 92110 619-294-3682 ~@IT'WH©@® @ITu@l ~~llJl~~fMl@[ji}1 Welcome to Pacific Drilling Company. We are a full-service drilling and soil sampling company serving the geotechnical, environmental, engineering and construction communities throughout the Southwestern United States. Our team of skilled equipment operators and project managers has decades of experience in multiple rotary drilling techniques, CPT and Direct Push utilizing a fleet of technologically advanced truck mounted and limited access drilling rigs. Dedication to constantly improving our process has resulted in multiple hi tech additions to our systems, such as our exclusive eSPT digital self-calibrating auto hammer, remote rig diagnostics and laser based virtual safety cages. Over the years, through our extensive client base, we have worked on thousands of diverse projects for multiple agencies including: SANDAG, City of San Diego, LADWP, LA.METRO, Imperial Irrigation District, MWD of Southern CA, San Diego County Water Authority, LAWA, SDIAA, Port of San Diego, CSU, University of CA, Army Corp of Engineers, Caltrans and the US Navy. Assisting with field investigations in difficult to reach locations is a specialty at Pacific Drilling Co. Our broad experience base and unique equipment capabilities enable our team to provide solutions to all of your project's challenges in a timely, cost effective manner. Pacific Drilling Co. is in business to provide the most skilled personnel and the most advanced equipment to ensure that your drilling, soil sampling, and related support services are delivered beyond your expectations. We approach • every customer, project and job site with respect, a positive attitude, careful attention to detail and a sense of pride in our work. Certifications: Our Current Fleet Includes: •High Power Truck Mount Rotary/CPT-Marl M10 •All Terrain Truck Mount Rotary/CPT -Marl TXD •All Terrain Truck Mount Rotary-Wolverine MS •Truck Mount Rotary Rig -Diedrich 050 • Truck Mount Large Diameter -EZ Bore •Track Mount L.A.R. -Fraste Multidrill PL-G •Track Mount L.A.R. -Mole •Track Mount L.A.R. -Mini Mole •Tripod Rig -Beaver Tripod •Track Mount Large Diameter L.A.R. -Badger All Rigs CARB Compliant Our Services Include: •Auger Drilling •Mud Rotary Drilling •Air Rotary Drilling •Rock Coring (HQ & NQ) •CPT Soundings •Geotechnical Soil Sampling •Water/SoilNapor Sampling •Monitoring Well Installation/Development •Slope Inclinometer Installation •Indoor Drilling •Over Water Drilling •Hillside/Slope Drilling •Large Diameter Borings for: Down Hole Logging Caissons CA C-57 681380 DIR Reg# 1000009159 CA Certified Small Business/Micro Business S.D. Certified SLBE DUNS # 613525278 Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 23 of 54 49 February 15, 2022, Item #4Proposal l Fee Proposal Minimum Required Clearance Minimum Operating Height Power Source Max Rotary Torque 3in Solid Flight Auger 6in Solid Flight Auger Bin Solid Flight Auger Rock Coring (NO/HQ) 1 Bin, 24in, 30in Boring Direct Push 4-Sin Mud Rotary 4-Sin D.T.H. Air Hammer 6.Sin (3.25 ID) Hollow stem Auger a.Sin (4.25 ID) Hollowstem Auger Angle Drill Maximum Slope Drill Crane Weight (Heaviest Piece) Limited Access Rig Specifications (Drill Depths Subject to Soil Conditions) Fraste Mole Mini-Mole Beaver Tripod MultiDrill Hollow Stem Solid Flight Solid Flight LAR LAR LAR LAR W: 40in W: 54in W:36in H:96in H: 73in H: 79in Room to Walk L:17ft L: 144in L: 120in 18ft. 9'2" 11ft. 8ft. 66hp Diesel 67hp Diesel 33hp Diesel 11hp Gas 5500FVlbs 5500Ft/lbs 3500Ft/lbs 900Ft/lbs @70 RPM @70RPM @70 RPM @70RPM To 30ft NIA To 30ft To 30ft To115ft To 115ft To 115ft To 50ft To 45ft To 45ft To 45ft To 20ft To 100ft NIA NIA NIA NIA NIA NIA NIA NIA To50ft NIA NIA 200ft NIA To 100ft NIA To 100ft NIA To 100ft NIA To 20ft To 100ft To 120ft To 35ft (2.75 ID) To75ft To 60ft NIA NIA NIA To 45 Degrees To 45 Degrees NIA N/A 3:1hh 1.5:1hh 1 :1 hh 90001bs 70001bs 55001bs 2001bs Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 24 of 54 Badger Bucket/Spin LAR W:36in H: 86in L: 162in 12ft 38hp Diesel 12000Ft/lbs @70 RPM NIA NIA NIA NIA To sstr· NIA NIA NIA NIA NIA To 10 Degrees 2:1 (Mob Only) 90001bs 50 February 15, 2022, Item #4Proposal I Fee Proposal Minimum Required Clearance Minimum Operating Height Power Source Max Rotary Torque Push Force Pull Force Rock Coring (HQ/NQ) 18in -48in Borings CPT Direct Push 4-Sin Mud Rotary 4-Sin D.T.H. Air Hammer 6.Sin (3.25 ID) Hollowstem Auger 8.Sin (4.25 ID} Hollowstem Auger Crane Weight (Heaviest Piece) Truck Rig Specifications (Drill Depths Subject to Soil Conditions) SaberCat High Torque Truck MARL Truck Mount Mount TXD Rotary Rotary All Terrain MARL M10 Unimog MS W:8ft W:9ft W:8ft H: 13ft L: 25ft H: 13ft H: 13ft L: 25ft L: 25ft 35ft 35ft 33ft PTO PTO PTO 8,500 Ft/lbs 15,000 Ft/lbs 8,500 Ft/lbs @70rpm @70rpm @?0rpm 18,000 Lbs 23,300 Lbs 18,000 Lbs 34,000 Lbs 38,000 Lbs 34,000 Lbs TO 150ft NIA NIA NIA NIA NIA To 100ft To100ft NIA NIA NIA To 50ft To 400ft To 400ft NIA To 100ft To 100ft NIA To 150ft To 150ft To 150ft To 100ft To 150ft To 100ft 33,000Lbs 33,000lbs 32,000lbs Truck Mount Rotary Diedrich 050 W:8ft H: 13ft L:25ft 30ft 140hp Diesel 7,500 Ft/lbs @70rpm 14,450 Lbs 22,600 Lbs To 1500ft NIA NIA NIA To 200ft To 100ft To 100ft To 100ft 28,000lbs Ninyo & Moore I City of Poway As-Needed Geolechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 25 of 54 Truck Mount Bucket EZ Bore W: 9ft H: 13ft L:46ft 45ft 115hp Diesel NIA NIA NIA To 150ft** NIA NIA NIA NIA NIA NIA NIA 51 February 15, 2022, Item #4Proposal I Fee Proposal PACIFIC DRILLING CO. 5220 ANNA AVE STE A SAN DIEGO, CA 92110 Equipment & Personnel Rates Effective: 1/1/22-6/30/22 619-294-3682 (f) 619-294-3283 Hourly Equipment Rates (Includes 2 Man Crew Portal to Portal) SaberGat Yeti Wolverine Mini Beaver MARL TXD MARL MARL Diedrich Fraste Mole Mole Tripod All-Terrain M10 MS 050 L.A.R. L.A.R. L.A.R. L.A.R. All-Terrain $260/Hr $255/Hr $225/Hr $225/Hr $245/Hr $230/Hr $230/Hr $170/Hr Hourly Prevailing Wage Rate-All Rigs: $375.00/Hr Additional Support Equipment Rates Support Truck $195.00 per day CPT Soundings $500.00 per day (<1 0hrs) $300.00 per ½ day (<5hrs) Rock Coring Equipment Package $525/day + Bit Wear Mud Rotary Equipment Package $275.00 per day+ Bit Wear Air Rotary Equipment Package $575.00 per day + Bit Wear Basic Concrete Coring $50.00 per core Water Cooled Exhaust Ventilation Equipment $175.00 per day Generator $125.00 per day Decon Equipment Package $150.00 per day Continuous Core Soil Sampling $150.00 per day Standard Bobcat Skid Steer $450.00 per day Surcharges Overtime Surcharge $45.00 per man per hour Hillside/Hazard Surcharge" $15.00 per man per hour USL&H Surcharge $15.00 per hour per man Per Diem $175.00 per man per night Extra Man -Portal to Portal $80.00 per hour 4X4 Surcharge $40.00 per hour Well Development/Water Sampling Services Field Technician -Portal to Portal $105.00 per hour Groundwater Sampling Equipment <50ft $100.00 Per Day Groundwater Sampling Equipment >50ft $200.00 Per Day Transducer Rental $50.00 each per day Level C PPE Surcharge $20.00 per man per hour on site Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 26 of 54 Large Diameter $305/Hr 52 February 15, 2022, Item #4Proposal I Fee Proposal PACIFIC DRILLING CO. 5220 ANNA AVE STE A SAN DIEGO, CA 92110 UNDERGROUND STRUCTURES: Terms and Conditions 619-294-3682 (f) 619-294-3283 Client/Consultant will mark each boring location and will notify Underground Service Alert (USA) or other local utility service alert for utility clearance at boring locations. Pacific Drilling Co will be included on the Utility Service Alert Ticket as the intended excavating contractor. For marked location on private property, Client/Consultant is responsible for clearing utilities at the proposed boring locations. Pacific Drilling Co shall be responsible for exercising care in operating equipment in the vicinity of utilities, whether overhead, at ground level or buried, however Pacific Drilling Co will not be responsible for damages to subsurface utilities and/or structures at locations marl<ed by Client/Consultant, except to the extent such damage is caused by the negligence or willful misconduct of Pacific Drilling Co. PROPERTY DAMAGE:. Pacific Drilling Co. will not be responsible for damage to landscapes, flatwork or structures, caused by equipment movement or drilling operations. unless such damage is caused by its employee's negligence or willful misconduct. ADDITIONAL INSURANCE CHARGES: Additional Named Insured (other than party hiring Pacific Drilling Co): $75.00 per Certificate Holder. MINIMUM CHARGE: A four hour minimum charge plus applicable travel charges will apply to all invoices. CANCELLATION POLICY: A $750.00 late cancellation fee will be charged if a cancellation is received later than one (1J business day prior to scheduled start time. Multiple day bookings are subject to a $1250 charge if canceled less than 48 hours of sche uled departure time. If the work is subsequently rescheduled within30 days of cancellation. a $300.00 rescheduling credit will be applied to the project invoice. WEATHER RELATED CANCELLATION POLICY: In the event of forecasted inclement weather, safety is of the utmost concern. A rain/inclement weather contingency plan should be discussed with dispatch prior to the scheduled work day. If that is impractical, you can contact the drill rig operator directly on lhe number listed on the work order that is emailed to you prior to the job date. Alternatively, arrangements can be made with our after hours employee by calling the office number and following tfle prompts. Weather Related Cancellation Charges: If rig/crew is cancelled prior to leaving for work the morning of the job: No Charge If rig/crew is cancelled after reporting for duty: $125.00 per man charge. If rig/crew is cancelled after mobilizing: Stanifard 4 hour minimum applies. RESTOCKING CHARGE: Any materials, supplies or support equipment ordered, delivered and not used is subject to a restocking fee/minimum charge. LOST TOOLING: Casing, core barrels, CPT Cones and drill rods consumed or lost in the drill hole, through no fault of the drill crew, or left at the client's request, will be invoiced at list price, plus freight charges. OVERTIME POLICY: Overtime surcharge will be added to the hourly rig rate: •After 8 hours in a day •At night (7pm-5am) On weekends and holidays. PAYMENT TERMS: 2%30 Net 45. Clients requiring greater than 45 day payment terms will be subject to a Finance Surcharge of 1.5% per month calculated from the invoice date . *HAZARD: Projects where hazardous materials or abnormal hazards to equipment and/or personnel exist. •HILLSIDE: Rig set up on 2.5:1 or steeper Ninyo & Moore I City of Poway As-Needed Geotechnical SerJices, RFP No. 22-018 I P02-02632 I December 14, 2021 27 of 54 53 February 15, 2022, Item #4Proposal I Fee Proposal AJ!f~ , December, 09, 2021 Ms. Cherrie Bowman Ninyo & Moore, Inc. 5710 Ruffin Road San Diego, CA 92123 cbowmanr@ninvoandmoore.com 858-576-1000 xi 1274 Ms. Bowman: Please see the attached rates for AIRX Utility Surveyor's, Inc. for years 2022-2024. AIRX FEES FOR POTHOLING AND LOCATING SERVICES City of Poway -As Needed Services LOCATING $1,850 Daily Fee -This includes one man, a van with all locating equipment and all the hand tools. Expectations are: 500 lineal feet of street or½ acre per locator per day. POTHOLING $2,900 Daily Fee -This includes a two-man crew, Vacuum and Support Truck and all the hand tools. Expectation is three to four holes per day average depending on conditions. CCTV $2,800 Daily Fee -Includes a two-man crew, Camera Truck, safety equipment and hand tools. MARK OUT REMOVAL $2,400 Daily Fee -This includes a two-man crew, Support Truck with high pressure water and walnut shell air abrasion power tools and all hand tools. Hot Asphalt Small Road Repair $5,200 Daily Fee -Includes a four-man crew, Skid Steer and Grinder, Hot Box and Roller, all materials and all the hand tools. Sincerely, ~ f/lAdwvit't,0---Gail McMorran -Principal President I CEO 2534-C East El Norte Parkway Escondido, CA 92027 760-480-234 7 X 10 I gmcmorran@airxus.com 2534-C EEL NORTE PKWY, ESCONDIDO, CA 92027 760-480-2347 f SAN DJ EGO www.airxus.com 5191 MAYBERRY AVE, RANCHO CUCAMONGA, CA 91737 909-493-1554 { INLAND EMPIRE NA/CS: 561990 J SIC: 8713, 7389 Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 54 28 of 54 February 15, 2022, Item #4EXHIBIT "8" 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) 29 of 54 (!)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 February 15, 2022, Item #4Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 30 of 54 (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. 2 February 15, 2022, Item #4Cal Gov Code § 7522.56 ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (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). 31 of 54 3 February 15, 2022, Item #4City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 21st day of February, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and BARNETT QUALITY CONTROL SERVICES, INC. dba NOVA SERVICES, INC. (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform as-needed geotechnical engineering services (Project); WHEREAS, Consultant is a professional engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 32 of 54 ATTACHMENT B February 15, 2022, Item #45. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 33 of 54 2 February 15, 2022, Item #4"Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: ~ 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 34 of 54 3 February 15, 2022, Item #4(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 35 of 54 4 February 15, 2022, Item #4(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. ( d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 36 of 54 5 February 15, 2022, Item #4Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 37 of 54 6 February 15, 2022, Item #4Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 38 of 54 7 February 15, 2022, 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: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 39 of 54 BARNETT QUALITY CONTROL SERVICES, INC. dba NOVA SERVICES, INC. By:------------Danny J. Barnett, President/CFO Date: ___________ _ 8 February 15, 2022, Item #4A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the as-needed geotechnical services further described in the Scope of Services submitted with the proposals dated December 14, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. 8. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated December 14, 2021, which are included in this document as Attachment 2. Consultant's fee shall include, and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing February 21, 2022, and ending February 20, 2024, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the 40 of 54 February 15, 2022, Item #4following 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) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 41 of 54 2 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 NOVA Services, Inc. 4373 Viewridge Ave, Ste. B San Diego, CA 92123 February 15, 2022, Item #4Attachment 1 7. SCOPE OF WORK 1. GEOTECHNICAL DESIGN SERVICES GEOLOGIC SETTING OF THE CITY OF POWAY NOVA's understanding of subsurface conditions in the City is based on project experience within Poway and the surrounding communities. We have a well-developed understanding of both the geologic setting of the City and the mechanical characteristics (strength and compressibility) of the underlying geologic formations. Poway is located in the western San Diego County portion of the Peninsular Ranges Geomorphic Province. Within this area, Poway lies approximately on the border of two physiographic provinces, the Coastal Range to the west, and the Foothill province to the east. As a consequence, the surficial geology of the area is quite variable, including a variety of rock and soil units. The Coastal Range province in San Diego County can be generalized as underlain by Quaternary and Tertiary sedimentary rocks which were deposited on upper Cretaceous sedimentary rocks in a basin known as the San Diego embayment. The most abundant rocks in the embayment are gently folded and faulted Eocene marine, lagoonal, and nonmarine rocks. The Foothills physiographic province can be generalized as granitic-type rocks of the Southern California batholith, which were intruded to the pre-existing Mesozoic volcanic and sedimentary rocks, often displaying low-grade metamorphism near the contacts. Within this area it is very common to have young and old alluvial deposits derived of the surrounding granitic rocks. These units are deposited within drainage ways, alluvial fan deposits, and slope wash. There are no known active or potentially active faults within the City. Active faulting KEY TO SYMBOLS ~ GRANOOIOM'E. UNOMOED YOLJHCAI.LlNIAL A.000-Pl.AJH DEPOSITS STACllUM CONGI.OllEAATE Geology of the Poway Area fOW.ITE. UNONIOE0 MCT.WORPtlOSEO A~D IJtiJ,tET......ORPttOS(0 VOLCAN ANO SEOIMfNTMY ROO(S, lko()MOEO capable of generating a large magnitude earthquake surrounds the area. The nearest known active faulting is that associated with the Rose Canyon Fault Zone (RCFZ), aligned through San Diego Bay about 8 miles west of Poway. The La Nacion Fault, aligned about 2 miles west of the City, is considered a potentially active fault. The risk of fault rupture in a seismic event is negligible. However, development of civil works within Poway must be designed to resist strong ground motions per the requirements of the 2019 California Building Code. While development of civil works within Poway must anticipate strong ground motions during the lives of structures, there is no known risk of liquefaction (loss of ground strength and settlement do to earthquake shaking) or related phenomena (e.g., lateral spreading, ground lurching, etc.) Despite this apparent security, every geotechnical evaluation of the development of civil works within the City should consider the potential for liquefaction. The geologic and topographic setting of Poway is such that the risk of landslide is negligible for most areas of the City, although it is important to note that civil development of sites can create landslide risk. Collapsible (or hydro-collapsible soils) occur in the Poway area. The term collapsible/hydro-collapsible describes a naturally occurring soil of aeolian, alluvial, and colluvial origin that is susceptible to large decreases in bulk volume when it becomes saturated. The San Diego region is at risk for such soils. The City identifies collapsible soils among the ground subsidence hazards that planning for development should consider, identifying the phenomenon as a natural City of Poway As-Needed Geotechnica/ Se,vices, RFP #22-018 39 42 of 54 February 15, 2022, Item #47. SCOPE OF WORK hazard that occurs in Poway ' .... usually caused by first time wetting of open textured soils which compact under their own weight.' (City of Poway, General Plan, Public Safety element, found at https://poway.org/286/General-Plan) Expansive soils are commonly encountered in the near subsurface. The potentially damaging effects of expansive soils (i.e., large volume change-both swelling and shrinkage-on wetting and drying) is the subsurface and geologic hazard most commonly encountered in the City. Design must adapt development of civil works to the presence of the soils, either by removal of the soil or design of structures to adapt to the potential volume changes. TYPICAL APPROACH TO GEOTECHNICAL DESIGN SERVICES NOVA's typical approach to providing geotechnical design services includes: REQUEST FOR PROPOSAL NOTICE TO PROCEED FIELD AND LABORATORY SERVICES FINAL REPORT • Prepare a proposal outlining the scope of work and budget. • Work with the City to develop the most efficient and cost-effective solutions. ·-• Review of available and relevant geotechnical data pertaining to the site, including geologic maps, topographic maps, prior geotechnical reports, and other pertinent literature. • Scheduling dig alert and utilities clearance as well as scheduling the drill rig or other necessary equipment. • Perform a site investigation to observe the subsurface conditions. Explorations may include drilling, cone penetrometer (CPT) soundings, test pits, and/or coring. One of our geologists will log the borings and collect soils samples for laboratory testing. • The design team will be provided with a preliminary description of our findings the following day. If the findings include unforeseen conditions or potentially cost inhibiting conditions, NOVA will immediately notify the City. 1 • Assign appropriate laboratory testing and analysis for the collected soils samples. Within the I week after the field investigation, the laboratory testing results will be communicated to the 1 design team providing further clarification and recommendations. • Conduct engineering analysis utilizing the field and laboratory data to develop geotechnical recommendations. • When our geotechnical report reaches the draft stage, we will send it out to the design team for review. This allows the team to review our findings and proposed recommendations and provide any feedback they deem necessary before we finalize our report. • Once we hear from the design team, we will incorporate their feedback into our report, finalize it, and send it out to the City. During the design process, after submitting our geotechnical report, we fully expect to be partially involved throughout the remaining design stage. We call this time our Design Development stage. We do not dictate the design schedule but will provide timely responses to questions related to the geotechnical engineering. Once a notice to proceed is received, our typical schedule for geotechnical work includes: PROJECT PHASE ANTICIPATED COMPLETION FROM NTP Geotechnical Reconnaissance Site Investigation Laboratory Testing Delivery of Geotechnical Report City of Poway As-Nee•e• Geotecl111ical Services. RFP #22-018 43 of 54 1 week 2 weeks 3 weeks 4-5 weeks 40 February 15, 2022, Item #47. SCOPE OF WORK MILESTONE PROGRAM NOVA Services has developed what we call our Milestone Program. The Milestone Program was designed to speed up the process of delivering the necessary geotechnical data to the design team throughout the development of our geotechnical report, rather than waiting until the final report is submitted. The Milestone Program is a product of NOVA's commitment to keeping its clients informed and involved in the geotechnical process during an investigation. These Milestones will describe the progress and findings of the work, and are designed to give clients a step-by-step path to on-time delivery while eliminating unnecessary construction risks. Information conveyed by the Milestones is intended to be informative, not final. Analysis of data and recommendations are preliminary pending the completion of the final report. If the City requests these reports, NOVA will notify the City once the following phases are completed: (i) Notice of Site Preparation, (ii) Preliminary Geotechnical Findings and Recommendations, (iii) Summary of Laboratory Analysis, and (iv) Draft Report. 2. SUBSURFACE UTILITY ENGINEERING SERVICES Underground Solutions, Inc. (USI) provides a complete utility locating and positive verification service from start to finish. These services may include USA Digalert mark-out and arranging for any necessary "stand-by" personnel (HP Gas, fiber-optic, electric, water, etc.). USI employs certified electro-magnetic and GPR locating personnel. Most projects can expect a crew to respond within one to three days depending on the number of sites and USA Digalert mark-out. In order to promote safety and save clients the headache of lost time, money, injuries, and insurance claims, USI offers the most technologically advanced and cost efficient underground utility locating service available in California. Locating services are based upon their PositivelD locating technology, combining GPR, Electromagnetic Locating, and Concrete Scanning to mark, locate, and manage underground asset points and delivering the most accurate data possible. A typical approach to potholing work includes: 1. Mark-out dry and wet utilities (USA DIGALERT or USI mark-out) around proposed work site 2. Meet client on site to confirm pothole locations over existing utilities and to mark and number each location 3. Submit traffic control plans and obtain permit(s) 4. Call for "stand-by" if necessary for gas, electric, etc. 5. Commence work after permit inspection is scheduled. 6. Take digital photo of pothole area prior to excavation. 7. Breakout surface and air/vacuum excavate pothole site: a. As high pressure air is induced to the soil, the vacuum system simultaneously removes the air-induced soil and transports it to the storage tank, eliminating the need to stockpile any of the excavated material on the ground. b. If wet or runny soil is encountered during our excavation, the following precautions will be taken by USI: i. Place a 4-foot diameter piece of plastic sheeting around each work area. ii. Install straw waddle to form a circular containment area around the plastic sheeting at each pothole location. iii. When complete, any and all wet material accumulated on the plastic sheeting will be vacuumed into storage tank. 8. Identify utility, take depth measurements with survey rod and confirm utility direction (i.e. North-South). 9. Take digital photos of the utility for written report. 10. Backfill with native soil from hopper. 11. Compact with on board pneumatic tamper. 12. Top-off with DOT approved asphalt patch or Rapid-Set. 13. Paint data on street surface regarding that location. 14. Place PK nail, stake with ribbons, or feathered nail and circle in pink for future survey. 15. Measure distance from curb or other fixed object. 16. Take digital photos throughout process for utility report. 17. Prepare a Subsurface Utility Report with data, photographs, and map with pothole locations. City of Poway As-Neeclecl Geotechnical Services. RFP #22-018 44 of 54 41 February 15, 2022, Item #47. SCOPE OF WORK GEOPHYSICAL SERVICES For Geophysical Services/Seismic Refraction Surveys, NOVA will be utilizing Terra Geosciences. A typical seismic refraction method consists of measuring (at known points along the surface of the ground) the travel times of compressional waves generated by an impulsive energy source. This survey can be used to estimate the layering, structure, and seismic acoustic velocities of subsurface horizons. Seismic waves travel down and through the soils and rocks, and when the wave encounters a contact between two earth materials having different velocities, some of the wave's energy travels along the contact at the velocity of the lower layer. The fundamental assumption is that each successively deeper layer has a velocity greater than the layer immediately above it. As the wave travels along the contact, some of the wave's energy is refracted toward the surface where it is detected by a series of motion-sensitive transducers (geophones). The arrival time of the seismic wave at the geophone locations can be related to the relative seismic velocities of the subsurface layers in feet per second (fps), which can then be used to aid in interpreting both the depth and type of materials encountered. 3. CONSTRUCTION MATERIALS TESTING When a construction materials test request is received from the City for field testing, NOVA will: • Schedule a technician to the project site to perform the requested testing. • The technician will arrive on-site and check in with the designated City representative to discuss the day's testing activities and review the project plans and specifications to assure the documents are clearly understood and the City's needs are fully addressed. • Conduct all testing to ensure that the recommendations of the geotechnical report are being met during soils testing, and that all materials testing services are performed in accordance with the project plans and specifications, and in compliance with the various regulatory agencies and local, state, or federal regulations. • At the end of each day, a daily report will be prepared using Metafield software. The report will be distributed via email to all members of the team. Notification of any non-compliant work will be noted and immediately reported to the City's representative. The software will maintain a discrepancy log of all non-compliant work and resolutions of discrepancies. When a construction materials test request is received from the City for laboratory testing, NOVA will: • Schedule sample pick-up and deliver to NOVA's in-house laboratory for testing. • The technician will arrive on-site and check in with the designated City representative and pick-up the sample(s). • Samples delivered to NOVA's in-house laboratory for processing. Our laboratory staff will dispense testing results regularly and accurately. If there are any failed tests, the designated City contact will be notified immediately with a request for information (RFI) regarding how to proceed. NOVA will respond and perform any required sampling and testing within 24 hours of notice from the City. Compaction and density test results and results of sand equivalent, cleanness value, and sieve analysis for aggregate sampling will be submitted within 24 hours. For soils and aggregate sampled at the project site, results will be submitted within 72 hours. When soil and asphalt concrete is sampled at the project site, R-value and asphalt extraction results will be submitted within 96 hours. 4. SPECIAL INSPECTIONS During testing and inspection services we are completely dependent on the schedule of the construction team. When construction commences, our project management team will meet with the City to review the scope of services and obtain plans and specifications. Our typical scope of services for testing and inspection includes: City of Poway As-Neede• Geotechnicaf Services. RFP #22-018 45 of 54 42 February 15, 2022, Item #47. SCOPE OF WORK REQUEST FOR • Prepare a proposal outlining the scope of work and budget. PROPOSAL • Work with the City to develop the most efficient and cost-effective solutions. • Attend pre-construction meeting. NOTICE TO PROCEED • Our project management and dispatch team will communicate with the City's staff regarding the schedule. • The Inspector will arrive on-site and check in with the designated City representative. They will discuss the day's activities and review the project plans and specifications to assure the documents are clearly understood and the City's needs are fully addressed. FIELD AND • Conduct all services to ensure that the recommendations of the geotechnical report are being LABORATORY met during soils inspection and that all inspections are performed in accordance with the project SERVICES plans and specifications, and in compliance with the various regulatory agencies and local, state, or federal regulations. • Prepare a daily field report in MetaField describing the work inspected on-site at the end of each day. The report will be distributed electronically to the team for review. Notification of any non-compliant work will be noted and immediately reported to the City's representative. FINAL REPORT • Attend a project completion meeting and prepare and submit a final report. All inspection reports will be provided to the City within one business day and will include results of all tests taken that day. A daily field report describing the work inspected at the site will emailed to the designated team members each day. At the completion of work requiring special inspection and materials testing, NOVA will submit a stamped letter signed by a Professional Engineer stating that the work requiring inspection and testing is or is not in conformance with the approved plans and construction documents. We can submit this letter within one day of completion of our services. METAFIELD NOVA has implemented MetaField software by Agile Frameworks, which aids in the streamlining of reports and test results. Daily reports from the field will be uploaded into MetaField via mobile phone, where they can be reviewed by NOVA's Project Engineer. Samples will be logged and testing assigned from the field at the time of sampling. Any samples will be delivered to our laboratory and scheduled for testing by the appropriate methods on the required dates. Test results will be managed and forwarded to NOVA's staff using MetaField for review and distribution. In the event of non-conforming test results, the designated representative will be immediately notified. NOVA's staff will work with the project team whenever possible to resolved non-compliance issues prior to close-out of the project. All dispatch will be coordinated through MetaField, and each inspector or technician will receive a text from dispatch with details relating to the assignment, including the project address, on-site contact, and type of inspection they will be performing. Once on site, the inspector or technician will document the inspection and/or testing in MetaField and attach photos of the progress of the work. Our clients have remarked that our reporting is comprehensive and legible, and they appreciate the detailed photo documentation. Below are two recent MetaField reports. City of Poway As-Needed Geotechnical Services, RFP #22-018 46 of 54 Dally Fleld Roport Soll1 lnspoc1ion 0410412020 oa:oo AM 04/04/2020 04:00 PM Submitted s.-in Diego :;.':.! 2DO Embarcadero MariN Parl< South SoW Compaction gauge 9 Site Contact: Douv 819-S71-4368 Pnoveilln9 W1190 Accept ., Decline Project Information Project Documents MetaField Dispatch e 0 0 43 February 15, 2022, Item #4Attachment 2 10. FEE PROPOSAL LABORATORY TESTING Test ASTM/Ca ltra ns Fee Soil and Aaaregate, Primary Testing (continued) Sieve Analysis, coarse, w/o Wash C136, CT-202 $ 55.00 Sieve Analysis, fine with Hydrometer 0422, CT-203 $210.00 #200 Sieve Wash D1140 $ 85.00 Specific Gravity and Absorption, Coarse C127, CT-206 $ 75.00 Specific Gravity and Absorption, Fine C128, CT-207 $ 85.00 Unit Weiqht and Voids in Aooregate C29, CT-212 $ 65.00 Moisture Content D2216 $ 35.00 Moisture Content and Dry Density D2937 $ 35.00 Atterbero Limits: PL, LL, Pl D4318, CT-204 $145.00 Atterberq Limits -NP D4318, CT-204 $145.00 Sand Equivalent, Average of Three D2418, CT-217 $105.00 Sand Equivalent D2418 $ 85.00 Durability Index, Coarse D3744, CT-229 $130.00 Durability Index, Fine D3744, CT-229 $100.00 Cleanness Value CT-227 $115.00 Los Angeles Abrasion (LA Rattler) C131 / C535, CT-211 $180.00 Expansion Index 04829, USC 29-2 $160.00 R-Value D2844, CT-301 $250.00 Consolidation, per point D2435 $ 65.00 Direct Shear, UU, CD, CU D3080 $300.00 Sulfate and Chloride Content $ 90.00 pH and Resistivity CT-643 $140.00 Unconfined Compression D2166 $110.00 Asphalt Concrete Hveem Stability and Unit Weight D1560, CT-366 $190.00 Maximum Theoretical Specific Gravity (Rice) D2041 $ 85.00 Percent Asphalt -Ignition Oven, no gradation C6307, CT-382 $ 85.00 Percent Asphalt with Gradation (ignition oven) C6307, CT-382 $180.00 Unit Weight Only (compacted sample or core) D2726 I D 1188, CT-308 $ 30.00 Unit Weight Requiring Compaction D2726, CT-304 / 308 $100.00 Asphalt Mix Design Review $165.00 Concrete and Masonry Concrete Cylinder Compression Test (4x8, 6x12) C39, CT-521 $ 29.00 Compression Test, Mortar, Grout C780 I C1019 $ 39.00 Compression Test, High-Strength Grout C109 $ 49.00 Compression Test, Core (includes sample prep) C42 $ 75.00 Compression Test, Lightweight Concrete C495 $ 50.00 (insulating, fill) Compression Test, Shotcrete Panel, set of four cut cores C42 $325.00 Flexural Strength, 6X6 beam C78 / C293 $ 75.00 Unit Weight Fresh Concrete C138, CT-518 $ 45.00 Unit Weight, Lightweight Concrete C567 $ 75.00 Concrete Mix Design Review $185.00 Moisture Vapor Emission Kits F1869 $ 30.00 City of Poway As-Neeclecl Geoteclmicaf Services, RFP #22-018 48 47 of 54 February 15, 2022, Item #4,1, I NOVA 10. FEE PROPOSAL LABORATORY TESTING Test ASTM/Caltrans Fee Concrete and Masonry (continued} Shotcrete Nozzleman Certification-mock up panel, coring, $1,950.00 and grading, per nozzleman. Composite Prism Masonry Unit -Compression C1314 $155.00 Compression Test, Block C140 $ 60.00 ; Compression Test, Brick C67 $ 45.00 Absorption, Unit Weight, and Received Moisture, Masonry C140 $105.00 Block Linear Shrinkage, Masonry Block C426 $130.00 Masonry Block Conformance (absorption, unit weight, C90 $550.00 compressive strength) Steel and Fireproofing Bolt-Nut-Washer Conformance Testing F606 $645.00 Bolt-Nut-Washer, Hardness Only F606 $125.00 Reinforcing Steel, Tensile Test,< No. 11 bar A370 $ 95.00 Reinforcing Steel, Tensile Test, 11 to 18 bar A370 $125.00 Reinforcing Steel, Bend Test, 11 bar or smaller A370 $ 95.00 Fireproofing -Density Test (template/displacement) E605 $ 65.00 Fireproofing Adhesion/Cohesion E736 $ 10.00 Miscellaneous Additional Sample Preparation, per hour I I $ 65.00 Lab Technician, per hour I I $ 65.00 ADDITIONAL TERMS AND CONDITIONS • Overtime occurs in the following instances: -work more than 8 hours per day is charged at time-and-a-half. -work more than 40 hours per week is charged at time-and-a-half. work performed outside the hours between 6:00 a.m. and 4:30 p.m., Monday through Friday is charged at time-and-a-half; work up to 12 hours per day on Saturday is charged at time-and-a-half. -work more than 12 hours in one day, or over 8 hours on the 7th consecutive day or worked Sundays/holidays is charged at double time. • Hourly rates are charged on a portal-to-portal basis. • Mileage will be charged at $0.85 per mile for services performed outside a 50-mile radius of this office. • A 4-hour minimum is charged for field services. Work performed more than 4 hours will be charged in 1-hour increments. Work performed over 8 hours is charged in half-hour increments. • 24-hour notice is required for testing and inspection services. There will be a 2-hour minimum charge (show-up time) for cancellations without notification. • Same Day Callouts will be subject to a 1-hour project management fee. • When personnel are required by job conditions to work more than 5 consecutive hours without ability to take a one-half hour uninterrupted lunch period, an additional hour will be billed at regular time in addition to actual hours worked. Laboratory testing that is required to be performed outside regular hours will be billed for Lab Technician time in addition to the lab test rate. Weekend sample pickups, if required, will incur additional charges. City of Poway As-Neecled Geoteclmica/ Services. RFP #22-018 48 of 54 49 February 15, 2022, Item #4J~\ NOVA TERRA GEOSCIENCES 10. FEE PROPOSAL 2022 GEOPHYSICAL SERVICES FEE SCHEDULE Professional Geophysicist (PGP) Field, Office, and Travel Time (Three-hour minimum) Equipment Charges Ground Penetrating Radar (GSSI SIR-4000) Twenty-Four Channel Seismograph (Geometrics StrataVisor™ NZXP) Proton Procession Magnetometer (Geometrics G-8261856 AX) Precision Utility Locator (Radiodetection RD4000PXL) Electromagnetic Detectors (Fisher Gemini-3M-Scope®, White's TM BOB) Magnetic/Pipe and Cable Locator (Schonstedt MAC-51Bx) Miscellaneous Costs Per Diem (Per person) Field Assistant Sub-Contractors Materials/Rentals City of Poway As-Needed Geotechnical Se,vices. RFP #22-018 49 of 54 $190.00/hour $180.00/day $150.00/day $120.00/day $ 90.00/day $ 90.00/day $ 90.00/day $300.00/day $ 78.00/hour Cost plus 15% Cost plus 15% 50 February 15, 2022, Item #410. FEE PROPOSAL ~ UNDERGROUND SOLUTIONS ~ Your First Choice for Potholing Services ***4-hour minimum+ Mob/Demob Project Name: __________ C_i_ty __ d_P_o_w_a_y_O_n_C_a_ll ________ _ Sales Person: TC Item# 1 2 ~f'ti~~T REPAIR 3 4 5 Qty TRAFFIC CONTROL 6 7 8 9 10 ,:RAVEL 11 !REPORTING ·-· ··1:r 13 1.4 OTHER COSTS 15 ---16 17 18 Description I ! Pothole Service (Prevailing Wage) Per Hour Reg : Pothole Service (Prevailing Wage) Per Hour/Premium Cold/Perma Patch Asphalt/ Rapid Set Concrete Ii-1ot Patch Asphalt Repairs -Base Pave (each) ·· Hot-Patch.Asph-alt"c:;rind & Overlay ::-up to 5'x5' Traffi: -~ontr~I Plan~ -~o~ Eng Stamped (Each) Standard Traffic Control (Per Day) Major Traffic Control (PerDay) Flagman Service (Per Ma·;, Hciu.r/?revailing Wage) Encroachment/ Traffic Permit Processing Fee :Mobilization/ Demobilization (Per Day) ; PDF/Digital Flash Card Utility Report (1-5 potholes) PDF/Digital Flash Card Utility Report (5 · 10 potholes) PDF/Digital Flash Card Utility Report (10 · 15 potholes) NighVWeekend Work Premium (each) USA Dig Alert Delination and Mark Out 'USA Markout Paint Removal (Per Hour) Sand/ Class II Base (each) :Excluded: Permit and Deposit Fees to be paid by client prior to start of work Encroachment & Traffic Permits Deposit Amt USI to: No Fee Process ROW/Traffic Permits as necessary Delineate for USA markout Set Traffic control per approved plans Vacuum excavate each site, determine diameter and depth of utilities Backfill, compact and patch, grind/overlay Mark each location with PK nail, paint or stake for future survey Prepare a "Subsurface Utility Report' w/data, photos and PH location map Customer to: Provide permit and deposit fees prior to start of work Supply pothole locations Parking Meter Buyouts This proposal is based on digable conditions using the air excavation process Exclusions: Replacement of Striping, Traffic Loops, Sidewalk Panel Standard Notes: Terms: Existing Accounts Net 30 Unit Price Line Total $ 390.00 420.00 $ 1so:oo i-$ 150.00 $ 1,590.00 $ 150.00 $ 720.00 $ 1.440.00 1 $ 102.00 $ 96.00 $ 240.00 ; $ 180.00 $ 240.00 $ 300.00 $ 600.00 $ 120.00 $ 204.00 $ 42.00 N/A Subtotal Total $ Permit Estimate No Fee The above is an ·estimate·, final costs will be determined by the actual number of work hours and travel time logged. This is a quotation on the goods named, subject to the conditions, inclusions and/or exclusions noted above. To accept this quotation, sign here and return: A cancellation fee may apply if job iscancelled at site. Credit Application Required To Open Account City of Poway As-Neecled Geotechnical Services, RFP #22-018 50 of 54 February 15, 2022, Item #410. FEE PROPOSAL ~ UNDERGROUND SOLUTIONS Your First Choice for Pothollng Services Project Name: City of Poway On Call Item# Qty Description Unit Price 1 2 3 4 5 6 7 ADDITIONAL: I Utility Locating Service Call Including 1st Hour ; Utility Locating Additional hours up to (7 hrs) Utility Locating Per Day (8 hrs) :CCTV Push Camera (Per Hour) (4" -10") !Hydrojetting (4" -10") Per Hour (4) Hr Min 'Markout Paint Removal (Per.Hour) (4) Hr Min+Traffic. Control ;Travel per hour (Note: For San Diego County: 1-hour travel will be charged If 3 hours or less on-site. Other counties wlll be charged ,actual travel hours) $ $ $ $ $ $ $ 8 9 : Digital Flash Card Utility Locating Report JCCTV Push Camera Video report (Per Day) (Per Day) $ $ Standard Notes: Utility Locating -Electromagnetic, GPR Terms: Existing Accounts Net 30, Credit Application Required To Open Account Travel time at the rate of $12O.00/hr will apply if noted above Additional charges apply for overtime, night work. weekend and Holidays -Please call our office for rates. The above is an ·estimate-, final costs will be determined by the actual number of work hours and travel time logged. A cancellation fee applies at the rate of 1 hour (plus travel If applicable) if cancellation occurs upon arrival to jobsite. Disclaimer: 360.00 360.00 276.00 204.00 120.00 120.00 162.00 Sales Person:· TC Line Total Subtotal Total Underground Solutions. Inc. is committed to providing our customers with the most accurate utility localing service available. We employ stale of the art electromagnelic signal tracing and radar imaging technologies, however. oo method of underground utmly IOcatong can ever guarantee 100% accuracy or completeness. Variables. including but not limited lo age, condition orthe facilities in question, soil lype, and moisture content can adversely aflecl the ability of our equipment lo find and lrace utilities. and on rare occasions may e11en result in errors or omissions beyond our control. Some utilities are simply not locatable. The only true way lo positively identify ulililies is through vacuum e.cavalion potholing and visual 11erificalion . Ir we can't find a given facility. we·re conlident lhal no one else can either.The more information you can provide USI about your site. the more complete and efficient lhe work win be. The following items will help USI achie-,e lhe best results possible: *Copies of any available schematics. plans, or as-built drawines iPDF formal); *Al least one on-site contact (name, lille, telephone/cell number and/or email address); *If possible, access to all utility buildings, mechanical rooms, etc. within and around the area or investigation. lfSI ffihall not be held Uah1C tor C!5Fitvi!IIPD rell!Cddamafe to IDY utility POI :lbOWD sm PctDf15 map:; Rian:, a;s•bllil!dti!WIDS! PC PtbCCdRGUtDCnt1 ll.[gl1Jli:1I..Jtt.hil~n&.Illlxrti-'.eal2le~i;11.!m11ll.lnt.iu.Y.'~~um~J.1ru'1!W:.:ti:il.llio!M.u:all.Clile.d..atea..o.(Jo'le.ll!Ulion..1JJSU.gt1~~en~or.1~ill.JllUitt.lli.ll21ll.llll:n,yjg_ma!IJ:nil1lollll.ll.li.ll.efilr.i:.!l!..dllrioe.1bi:.llf:cflluIWll;e. To accept this quotation, sign here and return X Date This is a quotation on the goods named, subject to the conditions. inclusions and/or exclusions noted above. 120 N. Andreasen Dr. Escondido, CA 92029 PH# 760 294 9449 Fax# 760 294 9490 City of Poway As-Neecled Geotechnical Se,vices, RFP #22-018 52 51 of 54 February 15, 2022, Item #4EXHIBIT "8" 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) 52 of 54 (!)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 February 15, 2022, Item #4Cal Gov Code§ 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 53 of 54 (1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the ,California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. 2 February 15, 2022, Item #4Cal Gov Code § 7522.56 ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision ( 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 11 who is assigned to .serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 .ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015. Annotations Notes Amendments: Note--Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (t)(l) and (t)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (t)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 54 of 54 3 February 15, 2022, Item #5AGENDA REPORT City of Poway DATE: TO: FROM: CONTACT: February 15, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services ,fr\ Tracy Beach, Senior Civil Engineer-rf) (858) 668-4652 or tbeach@poway.org CITY COUNCIL SUBJECT: Acceptance of Public Improvements for the Filhart Residence Project, Wl18-001 Summary: Public Improvement Plan Wl18-001 includes the installation of a new public water main with associated appurtenances as required for the development of a single-family residence on Deer Valley Estates. The improvements are complete and ready for acceptance. Recommended Action: It is recommended that the City Council: 1. Accept the improvements shown on drawing Wl18-001 as complete; 2. Release the Performance Bond in the amount of $126,600.00; 3. Release the Payment Bond, in the amount of $63,300.00; 4. Retain the Warranty Bond in the amount of $12,660.00 for a period of one (1) year. Discussion: The construction has been completed in accordance with the Standard Agreement for Construction of Public Improvements (Attachment A) and accepted by the Engineering Inspection Division. Staff finds the project to be complete in accordance with the project plans and specifications. As noted in the attached agreement, the City Council must accept the improvements. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA) Guidelines. Fiscal Impact: None. 1 of 13 February 15, 2022, Item #5Public Notification: None. Attachments: A. Standard Agreement Reviewed/ Approved By: Wendy serman Assistant City Manager 2 of 13 Reviewed By: Alan Fenstermacher City Attorney Ap~ Chri az · City Manager February 15, 2022, Item #5Poway, California 11 STANDARD AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS (Wl18-001) ent Date The CITY OF POWAY ("CITY") and Gregory D. Filhart and Kimanh G. Filhart (collectively known as "OWNER11) agree as follows: A. OWNER is required to construct the following public improvements (1'work") for the above-referenced project: a. Installation of water main and one fire hydrant within a City easement. 8. CITY-approved plans and specifications for the construction of the work, whtch are incorporated herein by reference, and identified Water Line Improvement Plans for (WI 18-001 ). C. The following are attached hereto and made a part hereof: Schedule A Public Improvements 1. IMPROVEMENTS: TIME TO PERFORM: For valuable consideration OWNER agrees to do, or cause to be done, at OWNER's expense and without any cost or liability to the CITY, all of the work described herein by the date specified on Schedule A OWNER warrants that all of the materials supplied and work to be done will be of good quality and workmanship. Said work shall be in strict conformity with the plans and specifications of the work, the standard specifications and drawings for public improvements adopted by CITY, and this agreement. OWNER shall furnish all transportation, equipment, labor, services, permits, utilities, and all other items necessary to complete the work. OWNER shall pay all claims, demands, and liability arising out of or resulting from or in connection with the performance of the work. OWNER shall furnish accurate 11as constructed" plans. In addition, Owner shall, prior to acceptance of the work by City Council, set all final monuments and stakes. OWNER's obligations herein are not limited by any cost estimates, nor will any estimate be a measure of damages. (11.11) 3 of 13 CITY, in its sole discretion and without liability to CITY, City Council Members, CITY's Engineer and their consultants, and each of their officials, directors, officers, employees and agents, may require changes, alterations, or additions to the plans and specifications which do not exceed ten percent (10%) of the original CITY approved cost estimate of the work. CITY, in its sole discretion and without liability to CITY, City Council Members, CITY's Engineer and their consultants, and each of their officials, directors, officers, employees and agents, may require changes, alterations, or additions in addition to said ten percent (10%) limitation if required to correct errors or omissions in the approved plans and specifications, and for unforeseen conditions such as, but not limited to, rock excavation, unstable soil conditions, or high water tables requiring de-watering. Agreement - 1 of 8 ATTACHMENT A February 15, 2022, Item #52. INSURANCE: OWNER shall not commence or continue to perform any work unless OWNER has in full force and effect all required insurance with companies satisfactory to CITY. To be acceptable, insurers must be authorized to do business and have an agent for service of process in California, and have an "A" policyholder's rating and a financial rating of at least Class XI in accordance with the current Best's Ratings. OWNER shall not permit any contractor or subcontractor to perform any work unless the worker's compensation insurance requirements have been complied with by each of them. All insurance policies shall be maintained until the work is accepted by the CITY and provide for coverage of all causes of action or disputes arising out of acts in performance of the construction of the public improvement herein whether said causes or disputes are filed or brought to the attention of the CITY before or after the CITY acceptance of work. (11.11) 4 of 13 With approval of the CITY's Attorney1 insurance coverage required by this section may be satisfied by insurance held in name of prime contractor of OWNER, provided that prime contractor coverage is sufficiently broad to include all losses on job site. As evidence of coverage, OWNER shall provide certificates of insurance and endorsement of CITY forms. Each certificate shall bear an endorsement waiving right of cancellation or change in coverage without forty-five (45) days' notice in writing delivered to CITY. Before issuance of construction permit1 OWNER shall provide certificate(s) of insurance, satisfactory to CITY, certifying that OWNER, and each of OWNER'S contractors, has for the agreement period, full worker's compensation insurance coverage for all persons who are or may be employed in carrying out the work. Before issuance of construction permit, OWNER shall provide to CITY, certificates of insurance and endorsements that OWNER has liability insurance coverage naming CITY as additional insured for both bodlly injury and property damage in a single limit of not less than that specified on Schedule A for any one occurrence. Liability insurance coverage shall include each of the following types of insurance as required by the CITY to carry out this agreement. A. 1. 2. 3. 4, 5, 6. 7. 8. 9. General Liability Comprehensive Form Premises-Operations Explosion and Collapse Hazard Underground Hazard Products/Completed Operations Hazard Contractual Insurance Broad Form Property Damage Including Completed Operations Independent Contractors Personal Injury 8. 1. 2, 3. 4. Automobile Liability Comprehensive Form, Including Loading and Unloading Owned Hired Non-Owned Contractual insurance shall be sufficiently broad to indemnify CITY as set forth ln Paragraph 4. Any liability insurance naming the CITY insured! shall include as additional insured City Council Members, C!TY's Engineer and their consultants, officials! directors, officers, agents1 and. employees. Insurance afforded them shall be primary insurance and the amount provided shall not be reduced or prorated by reason of any other insurance they might have. Agreement - 2 of 8 February 15, 2022, Item #5Nothing contained in these insurance requirements shall limit the liability of OWNER or OWNER's insurance companies. Review and acceptance of insurance certificates shall not constitute any representation by CITY or its representative that any required insurance has been issued. 3. OWNER'S LIABILITY: OWNER shall, at OWNER's sole cost and expense. be solely and completely responsible for all matters affecting the design, prosecution. progress and completion of the work, (both on and off the job site). OWNER shall be responsible for observing all laws. OWNER shall provide for public convenience and safety, and safety of workers, including OWNER's workers and those of OWNER's contractors, subcontractors and suppliers. and others contributing to the work. OWNER shall protect CITY property and property rights of others, including the location, maintenance and replacement of utilities, whether shown on the plans or not. OWNER shall give prior notification to utility owners. OWNER shall protect against and prevent drainage from storm runoff. OWNER shall not interfere with the lawful use by others of easements and rights-of-way. Nothing in this agreement, the specification, or other contract documents1 or CITY's approval of the plans and specifications or inspection of the work. shall relieve the OWNER or contractor of full responsibility for all aspects of the work. CITY, City Council Members, CITY's Engineer, and their consultants, and each of their officials, directors, officers, employees, and agents shall have liability for any aspect of the work. 4. OWNER'S INDEMNIFICATION: OWNER shall indemnify and hold harmless CITY, City Council Members, CITY1s Engineer and their consultants, and each of their officials. directors, officers, agents, and employees from and against all liability, claims, damages, losses. expenses, and other costs, including costs of defense and attorney's fees, arising out of or resulting from or in connection with the design or construction of the work, both on and off the job site. and during and after completion. This, provided any of the above. is: (1) attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property (other than the work itself), including the loss of use resulting therefrom. and (2) caused in whole or in part by any act or omission of OWNER, OWNER1s Engineer, any contractor, any subcontractor1 any supplier. anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable. All of this regardless of whether or not it is caused in part by any act or omission (active, passive, or comparative negligence included) of a party indemnified hereunder. Said indemnification and agreement to hold harmless shall extend to injuries to persons and damages to or taking of property, resulting from the design or construction of said improvements causing the diversion of waters or from the design or construction or maintenance of drainage systems, streets and other improvements. Acceptance of these improvements by the CITY shall not constitute an assumption by the CITY of any responsibility for such damage or taking. (11.11) 5 of 13 As to any and all claims against the indemnified parties by any employee of OWNER, any contractor, any subcontractor. any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be Hable, the indemnity obligations hereunder shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the OWNER, or any contractor, subcontractor, supplier or other person under worker1s compensation acts, disability benefit acts or other employee acts. OWNER shall also indemnify and hold harmless CITY, City Council Members, CITY's Engineer. and their consultants. and each of their officials, directors. officers, employees and agents from and against all losses, expenses, damages (including damages to the work itself), attorney's fees, and other costs, including costs of defense, which any of them Agreement -3 of 8 February 15, 2022, Item #5may incur both during and after completion with respect to any latent deficiency in the design, specifications, surveying, planning, supervision, observation of or construction of the improvements referred to herein or any injury to a person or property, real or personal, as a result of any such latent deficiency. CITY's costs shall include the cost of inspecting and restoring other portions of the work which CITY reasonably suspects may also be defective by reason of known defects in the work or other work performed by OWNER or OWNER's contractors, subcontractors, or suppliers or designed by their representatives. Provisions of this Paragraph 4 shall remain in effect ten (10) years following acceptance of improvements by the CITY. Nothing contained herein shall limit CITY's remedies pursuant to Code of Civil Procedure, Section 337 .15. 5. SECURITY: With the execution of this agreement, OWNER shall furnish and deliver to CITY, at no expense to CITY, a payment bond and a performance bond. Each shall be in the amount of the CITY-approved estimate specified on Schedule A. Bonds shall be furnished by surety companies satisfactory to the CITY on the forms provided by CITY. No alterations or substitution of said forms will be allowed. To be acceptable, surety companies must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Treasury Department, and/or have an 11A11 policy holders rating and a financial rating of Class XI or better in accordance with the current "Best's Rating." The bonds will be limited to amounts acceptable to the Treasury Department. None of the following shall in anywise affect the obligations of any surety. Each surety waives notice thereof: (a) any change, extension of time, alteration, or additions to the terms of the agreement, or the work to be performed, or the plans and specifications therefore; (b) any matters unknown to surety which might affect surety's risk except that CITY will advise surety upon request of the following: (1) any written claims it receives from unpaid subcontractors or suppliers, and (2) any written orders received from other public authorities charging violations of laws, ordinances or regulations, and (3) failure of OWNER to comply with any written notice to correct defective work. The obligations of OWNER shall not be limited by the amount of such bonds. 6. TYPES/AMOUNT OF SECURITY: In lieu of payment and performance bonds, OWNER may furnish CITY cash, a Letter of Credit or an Agreement of Deposit as security for performance. Said security shall be in amount no less than one hundred percent (100%) of the cost estimate and, in addition, for payment of those furnishing materials, labor or equipment in amount not less than fifty percent (50%) of the cost estimate. Said security agreements shall be on forms furnished by CITY. No alterations or substitution of said forms will be allowed. The obligations of OWNER shall not be limited by the amount of the security required. 7. COSTS AND DEPOSITS: OWNER agrees to pay CITY, on demand, the full amount of all of CITY1s costs incurred in connection with the work and this agreement. These costs include, but are not limited to, plan checking, inspection, materials furnished, attorney's fees incurred in connection with preparing and negotiating this agreement, and all other expenses, including engineers and attorney's fees of CITY, directly attributable to the work and this agreement. These costs shall include a reasonable amount for CITY's overhead in connection therewith, plus any applicable fees of CITY. CITY's costs shall include the cost of inspecting and restoring other portions of the work both during and after acceptance, which CITY reasonably suspects may also be defective by reason of known defects in the work or other work performed by OWNER or OWNER's contractors, subcontractors, or suppliers or designed by their representatives. OWNER shall deposit (11.11) Agreement -4 of 8 6 of 13 February 15, 2022, Item #5with CITY concurrently with the execution of this agreement, such sums as the CITY establishes as deposits set forth on Schedule A. Should the actual expenses be in excess of the deposit set forth on Schedule A, OWNER shall pay the amount of such excess on demand. Should the actual expenses be less than the estimated deposit on Schedule A, the difference, without interest, shall be refunded to OWNER within ninety (90) days of acceptance of work by CITY; provided, however. the CITY shall have the right first to apply any excess monies to any other obligation which OWNER might have to CITY. Said deposit is not a trust fund and said deposit may be co-mingled with other similar deposits. 8. PARTIAL UTILIZATION: Until all work has been completed and accepted by CITY and all other public authorities having jurisdiction, OWNER shall be responsible for the care, maintenance of. and any damage to the work. When the work or any portion of it is sufficiently complete to be utilized or placed into service, CITY shall have the right upon written notification to OWNER to utilize such portions of the work and to place the operable portions into service. With this notice and commencement of utilization or operation by the CITY. OWNER shall be relieved of the duty of maintaining the portions so utilized or placed into operation. However, such use and operation shall not relieve OWNER of the full responsibility for completing the work in its entirety. for making good defective work and materials, for protecting the work from damage, and for being responsible for damage and for the work as set forth herein. Nor shall such action by CITY be deemed completion and acceptance. Further, such action shall not relieve OWNER, or OWNER's sureties and insurers, of the provisions hereof relating to indemnity and guarantees. 9. ACCEPTANCE OF PROJECT/WARRANTY: Acceptance of the work shall only be by action of the City Council. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by CITY of any defects in the work. From and after acceptance, the work shall be owned and operated by CITY. As a condition to acceptance, OWNER and OWNER's contractor shall each certify to CITY in writing that all of the work has been performed in strict conformity with the agreement and that all costs have been paid or supply to CITY security, satisfactory to CITY, guaranteeing such performance. (11.11) 7 of 13 In addition to OWNER's other obligations under the agreement, OWNER warrants all work and materials to be of good quality and fit for the purpose and intended use. OWNER shall repair. replace, and restore any and all such work which may prove defective in workmanship and/or materials, without expense whatsoever to CITY; ordinary wear antj tear and unusual abuse or neglect excepted. OWNER shall also repair, replace, and restore any other work which is displaced in correcting defective work, as well as other portions of the work which CITY by reason of such defects reasonably suspects may also be defective. OWNER shall provide a warranty bond or other security satisfactory to CITY for a period of one (1) year. Said bond or other security shall be in an amount satisfactory to CITY, but in no case less than ten (10) percent of project cost. Said bond or other security shall in no way limit the time within which CITY may bring action for breach of this warranty (CCP 337) or action for latent defects (CCP 337.15) nor the amount of such claim or judgment. In the event of a failure to commence with the compliance of above-mentioned conditions within seven (7) calendar days after being notified in writing or failure to diligently pursue such compliance to completion, CITY is hereby authorized to proceed to have the defects repaired and made good at the expense of OWNER who hereby agrees to pay the cost and charges therefor immediately on demand. Agreement -5 of 8 February 15, 2022, Item #5If, in the opinion of CITY, nonconforming work creates a dangerous condition or requires immediate correction or repair to prevent further loss to CITY or to prevent interruption of operations, CITY will attempt to give the OWNER notice. If OWNER cannot be contacted or does not comply with CITY's request for correction within a reasonable time as determined by CITY, CITY may proceed to make such correction or provide such repair. The costs of such correction or repair shall be charged against OWNER, who agrees to make payment for said costs upon demand. Corrective action by CITY will not relieve OWNER or OWNER's sureties or insurers of the guarantees and indemnities of this agreement. · This paragraph does not in any way limit CITY's remedies pursuant to Code of Civil Procedure, Section 337 and 337.15, or the guarantee on any items for which a longer guarantee is specified or on any items for which a manufacturer or supplier gives a longer guarantee period. OWNER agrees to act as a co-guarantor with such manufacturer or supplier, and shall furnish CITY all appropriate guarantees or warranty certificates upon completion of the project. No manufacturers guarantee period shall in any way limit the liability of OWNER or OWNER's sureties and insurers under the indemnity or insurance provisions of this agreement. 10. EASEMENTS AND FEE INTERESTS: OWNER shall at OWNER's sole cost and expense, furnish CITY with appropriate easements and fee title to required facilities sites for the entire work, free and clear of all liens, encumbrances, restrictions, and covenants, other than current real property taxes then a lien but not yet payable. At OWNER's cost and expense, OWNER shall furnish CITY with an acceptable title insurance policy insuring CITY has title as required above with an endorsement insuring CITY against mechanic's lien claims arising out of the performance of the work. Easements shall be in standard form acceptable to CITY, shall be not less than the width CITY determines necessary to maintain the work and shall be executed and delivered to CITY concurrent with execution of this agreement. Easements shall be recorded prior to CITY accepting the work or furnishing services to any portions of the property under development (other than those as may be delivered under a temporary service agreement with OWNER). 11. CONTRACTORS AND AGENTS: OWNER shall be as fully responsible to CITY for the acts and omissions of OWNER1s contractor and of the persons directly or indirectly employed by OWNER'S contractor as OWNER is for the acts and omissions of persons directly or indirectly employed by OWNER. Nothing contained in the agreement shall create any contractual relationship between any contractor or others and CITY. OWNER shall bind every contractor to be bound by the terms of this agreement. 12. DEFAULT BY OWNER: OWNER shall be in default of this agreement if, in the sole discretion of the CITY, OWNER refuses or fails to construct the improvements required hereby in a workmanlike manner, or OWNER refuses or fails to prosecute the work or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any written extension thereof, or fails to complete such work within such time, or if OWNER should be adjudged bankrupt, make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of OWNER's insolvency or if OWNER or the contractor, or any of their subcontractors violate any of the provisions of this agreement, or lf OWNER fails to make prompt payment for materials or labor or if OWNER disregards laws, ordinances, or instructions of CITY. CITY shall serve written notice upon the OWNER and OWNER's surety of its intention to declare this agreement in default. Said notice will contain the reasons for such intention to declare a default. Unless, within ten (10) days after the service of such notice, such violations shall cease and (11. 11) Agreement -6 of 8 8 of 13 February 15, 2022, Item #5satisfactory arrangements for the corrections thereof be made, this agreement shall upon the expiration of said time be in default. Upon such default, CITY shall serve written notice thereof upon the surety and OWNER, and the surety shall have the right to take over and perform this agreement. If the surety does not, within fifteen (15) days after the serving upon it of a notice of default, give CITY written notice of its intention to take over and perform this agreement or does not commence performance thereof within thirty (30) days from the date of CITY's notice, CITY may take over the work and prosecute the same to the extent of completion it deems necessary by contract or by any other method it may deem advisable for the account and at the expense of OWNER, and the surety shall be liable to CITY for any cost or other damage occasioned CITY thereby. In such event, CITY may, without liability for so doing, take possession of and utilize in completing such work, such materials, appliances, plants, and other property belonging to OWNER that may be on the site of the work and be necessary therefore. Should surety fail to take over and diligently perform the agreement upon Principal's default, surety agrees to promptly, on demand, deposit with CITY such amount as CITY may reasonably estimate as the cost of completing all of OWNER1s obligations. For any such work that CITY elects to complete by furnishing its own employees, materials, tools, and equipment, CITY shall receive reasonable compensation therefore, including costs of supervision and overhead. CITY may, at its option, elect not to complete any or all of the work and may elect not to accept any of the work already completed. If CITY elects not to accept any of the work, then all CITY's obligations to OWNER and the lands to be served shall terminate. CITY's obligations to OWNER and the lands to be served shall continue to the extent of any acceptance, subject to CITY's right to offset any sums due it. The foregoing provisions are in addition to, and not in limitation of, any other rights or remedies available to CITY. 13. REMOVAL OF IMPROVEMENTS: If the work is suspended or otherwise not continuously prosecuted for any cause whatsoever, within or without the time for completion, OWNER shall, at OWNER's sole cost and expense, remove and replace all or any portion of the work already completed and inspected which CITY, in its sole discretion, determines is substandard, damaged, or may constitute danger to the public. 14. ATTORNEY FEES AND COSTS: Should CITY engage an attorney to enforce any provision of this agreement or to defend any claim brought by anyone arising out of the failure of OWNER to perform any of OWNER's obligations under this agreement, OWNER shall pay all of CITY's attorney's fees incurred in connection therewith, with or without suit, whether or not said attorney is in the regular employ of the CITY. 15. FUTURE CHARGES: Nothing in this agreement shall relieve OWNER or OWNER1s successors or assigns of any obligation to pay any connection, installation, expansion or other fees, charges, or other expenses, including operation and maintenance expenses, required under any present or future established ordinances, rules, regulations, and policies of CITY. 16. ASSIGNMENT: The performance of the agreement may not be assigned, by OWNER except upon the written consent of CITY. Consent will not be given to any proposed assignment which would relieve OWNER or OWNER's sureties of their responsibilities under the agreement, unless CITY finds that assignee can perform this agreement and provide security comparable to that provided by OWNER. (11.11) Agreement - 7 of 8 9 of 13 February 15, 2022, Item #517. NOTICE: All notices required hereunder shall be deemed served or given upon the earlier of actual receipt or deposit in the United States Mail, first class postage prepaid, addressed to OWNER at the address set forth below, to the surety at the address in the security instrument, and to CITY at P.O. Box 789, Poway, Catifornia 92074-0789. CITY OF POWAY !)~ok~ By: ---------Tina White, City Manager OWNER: Gregory D. Filhart & Kimanh G. Filhart Gregory . ilhart By: ~ ~ Approved as to Form: Office of the City Attorney ADDRESS: 13738 Somerset Road Poway, CA 92064 PHONE: (808) 864-7574 (Signatures Must Be Notarized) Alan Fenstermacher, City Attorney Date rn engsev\land development proiec s\20 8\\ i13-001 f1!h rt-w terl!ne\~ 118-001 ~t ndard reement doc (11.11) 10 of 13 Agreement -8 of 8 February 15, 2022, Item #5California All-Purpose Acknowledgment CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN DIEGO On August 6, 2018 before me, Carol S. Legg, Notary Public, personally appeared Tina White, who proved to me on the basis of satisfactory evidence to be the personfs¼ whose namefs¼ is/ar-e subscribed to the within instrument and acknowledged to me that he/she/t:hey executed the same in his/her/theif authorized capacity(+e-s), and that by ms/her/the-if signaturefs¼ on the instrument the personfs¼, or the entity upon behalf of which the personfs¼ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Title or type of document: Standard Agreement for Construction of Public Improvements. Wl18-001, Filhart water main and hydrant at 13738 Somerset Road, Poway CA 92064 Document Date: 8/2/18 Number of Pages: 8 Signers Other Than Named Above: Gregory O. Filhart and Kimanh G. Fil hart 11 of13 February 15, 2022, Item #5CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ----. -.---. -~ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On ~~II.SI: .;), , .:2-018' Date before me, __ Y_vo_n_n_e_M_a_n_n_io_n_N_o_t_a~ry.__P_u_b_lic ________ _ Here Insert Name and Title of the Officer personally appeared _(Jr~r-';'t8~~.._(~""t---'D~· ___._f ...... a ...... h...L.G\-=----ct-----..&.Jo.."'-C{A"'"-'--___ lL..-C(--'--i ..... Ma.a..°'-~A ...... b_.._ .... Or_.__. _._f_,_; "'"-'I h ...... t\~rt:=--Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso.,0~whose name(s)) is~ subscr~1b to the within instrument and acknowledged to me that he/she/W executed the same in his/her he authorized capacity(ies), and that by his/her/~ignature~n the instrument the person(s), or the en 1ty upon behalf of which the persor@) acted, executed the instrument. i············1 ...... YVONNE MANNION :~.· _·, -. NotaryPublic-Ca.lifornla •. i :·· San Diego County ~ ·. Commission # 2201766 · My Comm. Expires Jun 18, 2021 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ----------------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: _____________________ _ Capacity{ies) Claimed by Signer{s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): _____ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: ____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~~~~~~~'%~'%~~~~~~'@;.~'%~~~~ ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 12 of 13 February 15, 2022, Item #5OWNER: Gregory D. & Kimanh G. Filhart Agreement Date SCHEDULE A TO STANDARD AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS (Wl18-001) This schedule is attached to and made a part of the Standard Agreement for Construction of Public Improvements between CITY and OWNER for the above-referenced project. The following correspond to the paragraph numbers of the agreement. 1. Completion Date: 2. Liability Insurance Limits: 3. a. Approved Cost Estimate: b. Approved Security Amount: Performance Payment (Labor & Materials) 4. Deposit/Fee Amount: Prior to issuance of first Building Permit or two (2) years from date of this agreement, whichever comes first. $ 2,000,000.00, combined limit each occurrence $126,600.00 $126,600.00 $63,300.00 See Note Below 5. Warranty Security Amount: .... $1..a.;;2;;..,,.,6;;;;..,;6..,;;0;.._.0_,;;0;.,__ _____ _ (To be posted prior to acceptance of work) Note: Prior to start of construction, a deposit shall be paid to the City to cover inspection fees and related post-plan approval tasks. The minimum deposit shall be based on the City's fee rate at the time of payment. (2/13) Schedule A to Standard Agreement -1 of 1 13 of 13 February 15, 2022, Item #6c,~,ni~ AGENDA REPORT City of Poway ,:::-DATE: TO: FROM: CONTACT: February 15, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services ,/flt. Andrea Thomas, Associate Civil Engineer~ (858) 668-4605 or athomas@poway.org CITY COUNCIL SUBJECT: Award of Contract to M-Rae Engineering, Inc. for the FY 21-22 Water Valve Replacement Project; Bid No. 22-003 Summary: This action will award a construction contract for the FY 21-22 Water Valve Replacement project. This project involves the replacement of existing water valves in various locations throughout the potable water distribution system in the City. The current valves identified for replacement are beyond their useful life. Recommended Action: It is recommended that the City Council award the contract for the FY 21-22 Water Valve Replacement project to M-Rae Engineering, Inc., the lowest responsible and responsive bidder, in the amount of $286,030.00. Discussion: This project was created in coordination with the Public Works Utilities Division to supplement in-house maintenance of valves. Seventeen valves, located in various parts of the distribution system, have been identified by the Public Works Utilities Division as either having aged well beyond the end of their reliable service life. The contract time for this project is 40 working days with an Engineer's Estimate of $280,000. Bids were opened on January 18, 2022. The following seven bids were received: Company Total Bid Amount M-Rae Engineering, Inc. $286,030.00 Transtar Pipeline, Inc. $341,000.00 DB Pipeline, Inc. $403,500.00 Piperin Corp. $409,000.00 DeRollo Pipeline $438,269.00 Genesis Construction $581,444.00 Kirtley Construction, Inc. dba TK Construction $599,900.00 1 of 11 February 15, 2022, Item #6Environmental Review: The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that the project involves minor alterations consisting of replacement of existing equipment. Fiscal Impact: There is sufficient funding available in the Water Valve Replacement project account (WT002) to award the contract. After the contract is awarded, funds in the amount of $33,450.29 remain. Public Notification: None Attachments: A. Contract Reviewed/ Approved By: Wen~ aserman Assistant City Manager 2 of 11 Reviewed By: Alan Fenstermacher City Attorney ~~l'r'f"e City Manager February 15, 2022, Item #6SECTION 8 CONSTRUCTION CONTRACT CITY OF POWAY FY 21-22 WATER VALVE REPLACEMENT This Contract made and entered into this 16th day of February 2022, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and M-Rae Engineering, Inc., hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows: 1. The complete Contract includes all of the Contract Documents, which are incorporated herein by this reference, and include: a. This Contract b. Contract Addenda c. Contract Change Orders d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications f. Contract Plans g. General Condition h. Special Conditions i. Standard Specification for Public Works, most current edition, 2. The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all. 3. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: The FY 21-22 Water Valve Replacement project will replace water valves, water valve clusters and associated appurtenances throughout the City ranging from 6 inches to 18 inches in diameter. 4. Contractor agrees to perform all the said work and furnish all the said materials at his own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council. 3 of 11 ATTACH~ENT A February 15, 2022, Item #65. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $286,030.00 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 Forty (40) 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 of $500.00 per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects. Travel and subsistence pay shall be paid in accordance with Labor Code § 1773.1. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and § 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him in connection with the work 2 February 15, 2022, Item #6performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code § 1813. 12. Contractor will comply with the provisions of Labor Code § 1777 .5 pertaining to the employment of apprentices to the extent applicable to this Contract. 13. Contractor, by executing this Contract, hereby certifies: "I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. 14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City. 15. a. Contractor shall procure and maintain at its own expense, until completion of 5 of 11 performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period. b. Contractor shall further procure and maintain at its own expense, until completion ofperformance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement. 3 February 15, 2022, Item #66 of 11 c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same. Worker's Compensation Insurance: o Contractor has no employees and is exempt from workers' compensation requirements. o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings. e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor. 4 February 15, 2022, Item #616. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City. b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors. d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits. e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors. 17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, 7 of 11 officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. 5 February 15, 2022, Item #618. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective. 19. The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract. 20. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 21. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of th is Contract. 22. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. 23. 24. 25. 26. 8 of 11 In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. 6 February 15, 2022, Item #6Such final inspection shall be made within a reasonable time after completion of the work. 27. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 28. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. 29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. 30. a. Contractor shall, without disturbing the condition, notify City, in writing, as 9 of 11 soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code: ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications: or iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order. d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. 7 February 15, 2022, Item #631. This Contract is to be governed by the laws of the State of California. 32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment. City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank) 10 of 11 8 February 15, 2022, Item #6IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written. Contractor's Name: Print Name of Construction Company By: -----------Signature Print Name Contractor information: Address for Notices and Payments Telephone Number: ______ _ Email: ------------ATTEST: Carrie Gallagher, 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 February 15, 2022, Item #7 February 15, 2022, Item #7 February 15, 2022, Item #8DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway CITY COUNCIL February 15, 2022 Honorable Mayor and Members of the City Council Jodene Dunphy, Human Resources & Risk M,anagement Director 4'0-Eric Heidemann, Public Works Director ~ 0 Jodene Dunphy (858) 668-4413 or jdunphy@poway.org Eric Heidemann (858) 668-4716 or eheidemann@poway.org Side Letter Amending the Memorandum of Understanding (MOU) between the City of Poway and Teamsters, Local 9-1-1 Changing the Work Schedule for Water Treatment Plant Operators The City of Poway (City) and Teamsters, Local 9-1-1 (Teamsters) are currently in the first year of a six-year Memorandum of Understanding (MOU) from July 1, 2021 through June 30, 2027. The MOU covers specified items within the scope of representation pursuant to Government Code section 3504. One of the items covered in the MOU is work schedules, specifically for Water Treatment Plant Operators (WTPOs). The Water Treatment Operators, in coordination with the Teamsters Business Representative, requested the City consider a different work schedule for the WTPOs than what was negotiated and included in the current six-year MOU. The City agreed to meet and confer with Teamsters on this issue and has reached a Tentative Agreement on a new work schedule for WTPOs. Recommended Action: It is recommended that the City Council approve the Side Letter Agreement amending the MOU between the City and Teamsters changing the work schedule for Water Treatment Plant Operators. Discussion: The current MOU between the City and Teamsters reflects a schedule consisting of six 12-hour and one 8-hour shifts during the same two-week pay period, which rotates every four weeks. With all nine of the City's WTPO Full Time Equivalent (FTE) positions filled, including three FTEs approved by the City Council as part of the Fiscal Year 2021-22 budget, the group approached the City and requested to re-negotiate their work schedule in the MOU. The City agreed to meet and confer on the issue and worked with the WTPOs and the Teamsters Business Representative to develop a new schedule for the 24-hour operations of the Lester J. Berglund Water Treatment Plant. The new schedule will consist 1 of 5 February 15, 2022, Item #8of 8-hour shifts covering day, evening and overnight hours during the week, as well as 12-hour shifts over the weekend, and will ensure two WTPOs are scheduled for every shift, while allowing for more work life balance with 8-hour shifts instead of 12-hour shifts. There will also be one WTPO position flexibly scheduled each week to help cover any vacant shifts due to preapproved time off or sick leave. The MOU will be amended through a side letter, or side agreement, which will amend Article 7 (Payroll and Work Week), Section 5 (Work Hours) specifically for the WTPOs only. The City and Teamsters have reached a Tentative Agreement on the new schedule and the amended MOU language is as follows: Article 7. Payroll and Work Week Section 5 -Work Hours Water Treatment Plant Operators 1/11/111 All Water Treatment Plant Operators (WTPOs), with the exception of the WTPO assigned to the Flex Operator shift, will work a rotating schedule consisting of 8-hour shifts covering day, evening and overnight hours during the week, as well as 12-hour shifts during the weekend, which will be rotated every 4 weeks. Employees scheduled for these shifts will have their days off grouped together, except each week one WTPO will have their two days off split for a two-week period. The WTPO assigned to the Flex Operator shift will have a regular schedule of five 8-hour shifts per work week, but with a flexible schedule that will be adjusted to work for other WTPOs who are sick or on vacation. Each WTPO with a T-3 to T-5 certification will be rotated through the Flex Operator shift, depending on the number of T-3 to T-5 Operators. There will be a minimum of two WTPOs scheduled for all shifts. The new schedule eliminates the 48-hour rotating weekend shift. Relief responsibility: The WTPO assigned to the rotating Flex Operator shift is the primary person who will be used to cover open shifts and therefore their schedule is subject to change in order to fill vacancies due to vacations or sick leave. The WTPO assigned to the Flex Operator shift is subject to working overtime on an as-needed basis. Management reserves the right to designate specific shifts for individuals on a Performance Improvement Plan (PIP) or for disciplinary actions. Both parties agree to review the schedule on an ongoing basis and meet and confer on potential changes. The new work schedule will be implemented and the side letter amending the MOU signed as soon as administratively possible following City Council approval. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). 2 of 5 February 15, 2022, Item #8Fiscal Impact: There is no additional fiscal impact associated with approval of this side letter and sufficient funds are budgeted in the Fiscal Year 2021-22 budget. Public Notification: None. Attachments: A. Side Letter between the City of Poway and Non-Safety Employees represented by California Teamsters Local 9-1-1 Reviewed/ Approved By: Wendyl<rman Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney e City Manager February 15, 2022, Item #8SIDE LETTER TO AMEND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POWAY AND THE NON-SAFETY EMPLOYEES REPRESENTED BY CALIFORNIA TEAMSTERS, LOCAL 9-1-1 DATED JULY 1, 2021 THROUGH JUNE 30, 2027 WHEREAS, the City of Poway (City) and Non-Safety employees, represented by California Teamsters, Local 9-1-1 (Teamsters), have entered into a Memorandum of Understanding (MOU) for the period of July 1, 2021 through June 30, 2027, covering specified items which are within the scope of representation, within the meaning of Government Code section 3504; WHEREAS, pursuant to the terms of the current six-year MOU, the negotiated schedule for Water Treatment Plant Operators (WTPOs) is six 12-hour and one 8-hour shifts during the same two-week pay period, which rotates every four weeks; WHEREAS, in June 2021, the City Council approved the addition of three new Full Time Equivalent WTPO positions to have two WTPOs on duty at all times; WHEREAS, prior to implementing the negotiated schedule in the current MOU, the WTPOs requested, in coordination with the Teamsters 9-1-1 Business Representative, a change to the schedule in the MOU; WHEREAS, the City agreed to meet and confer with Teamsters on a new schedule as requested; WHEREAS, the amended schedule will consist of a rotating schedule with 8-hour shifts covering day, evening and overnight hours during the week, as well as 12-hour shifts during the weekend. Two WTPOs will be scheduled to work all shifts. One rotating WTPO position will be flexibly scheduled each week to help cover any vacant shifts due to preapproved time off, call-outs, or any other reason; and WHEREAS, the City and Teamsters have met and conferred in good faith, in compliance with Government Code section 3505, on the subject covered in this Amendment, and both the City and Teamsters support a new schedule for WTPOs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway that the Memorandum of Understanding (MOU) for the period of July 1, 2021 through June 30, 2027, shall now be amended to read as follows: 4of 5 Article 7. Payroll and Work Week Section 5 -Work Hours Water Treatment Plant Operators 1/11/111 All Water Treatment Plant Operators (WTPOs), with the exception of the WTPO assigned to the Flex Operator shift, will work a rotating schedule consisting of 8-hour shifts covering day, evening and overnight hours during the week, as well as 12-hour shifts during the weekend, which will be rotated every 4 weeks. Employees scheduled for these shifts will have their days off grouped together, except each week one WTPO will have their two days off split for a two-week period. The WTPO assigned to the Flex Operator shift will have a regular schedule of five 8-hour shifts per work week, but with a flexible schedule that will be adjusted to work for other WTPOs who February 15, 2022, Item #8Side Letter to MOU between City of Poway and Non-Safety Employees Page 2 are sick or on vacation. Each WTPO with a T-3 to T-5 certification will be rotated through the Flex Operator shift, depending on the number of T-3 to T-5 Operators. There will be a minimum of two WTPOs scheduled for all shifts. The new schedule eliminates the 48-hour rotating weekend shift. Relief responsibility: The WTPO assigned to the rotating Flex Operator shift is the primary person who will be used to cover open shifts and therefore their schedule is subject to change in order to fill vacancies due to vacations or sick leave. The WTPO assigned to the Flex Operator shift is subject to working overtime on an as-needed basis. Management reserves the right to designate specific shifts for individuals on a Performance Improvement Plan (PIP) or for disciplinary actions. Both parties agree to review the schedule on an ongoing basis and meet and confer on potential changes. The City of Poway and Teamsters Local 9-1-1 agree to this Side Letter as a First Amendment to the MOU for the period of February 15, 2022 to June 30, 2027 for the City and Teamsters as contained herein. City of Poway: Chris Hazeltine City Manager Jodene Dunphy HR/Risk Director Eric Heidemann Public Works Director Troy DePriest Assistant Director of Public Works Jesse Bartlett-May Water Treatment Plant Manager Emily Wolf HR Management Analyst 5 of 5 City of Poway Non-Safety Employees Bargaining Unit (California Teamsters Local 911): Neil Sholander, Business Representative California Teamsters, Local 911 Bryce Greschke Construction Maintenance Crew Leader Chief Steward Adrian Lara Water Treatment Plant Operator Ill February 15, 2022, Item #9DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway February 15, 2022 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk ~ (858) 668-4535 or cgallagher@poway.org CITY COUNCIL Second Reading and Adoption of Ordinance No. 852 entitled "An Ordinance of the City Council of the City of Poway, California, Adopting Boundaries for City Council Districts Pursuant to the Fair Maps Act (Government Code 21601 Et Seq.)." The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on February 1, 2022. There was one speaker. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Recommended Action: LEONARD, FRANK, GROSCH, MULLIN, VAUS NONE NONE NONE NONE It is recommended that the City Council adopt Ordinance No. 852. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: None. Public Notification: An ordinance summary notice was published in the Poway News Chieftain and El Latino on Thursday, February 10, 2022. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933. 1 of 5 February 15, 2022, Item #9Attachments: A. Ordinance No. 852 Reviewed/ Approved By: Wend'/ serman Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager February 15, 2022, Item #9ORDINANCE NO. 852 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING BOUNDARIES FOR CITY COUNCIL DISTRICTS PURSUANT TO THE FAIR MAPS ACT (GOVERNMENT CODE 21601 et seq.) WHEREAS, on September 19, 2017, following six public hearings regarding adopting a by-district method of election and choosing a voting district map, the City introduced for first reading, and on October 3, 2017 adopted, Ordinance No. 809 (i) amending Poway Municipal Code (PMC) to transition from an at large method of election to a by-district method of election and (ii) adopting a City Council voting district map, attached to Ordinance No. 809 as Exhibit A (Plan 133); WHEREAS, the City is required by state law to undertake a redistricting process following the results of the decennial census, pursuant to the Fair Maps Act generally, and Government Code section 21601 et seq. specifically; WHEREAS, following the 2020 census results, which showed minimal changes in the City's population, the voting district map adopted in 2017 remains in full compliance with all applicable law, including substantially equal population and all the other factors set forth in Government Code section 21601; WHEREAS, the City Council has held all the hearings required by Government Code section 21607.1 and has complied with all outreach requirements set forth in Government Code section 21608; and WHEREAS, the City Council has determined, based on analysis from City staff, the City Attorney, a third party demographer, and public comment, that it is in the best interest of the City to re-adopt the existing voting district map (Ex. A to Ordinance No. 809), which is attached hereto as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: The map attached hereto as Exhibit A is hereby adopted as the City Council voting district map for the City of Poway. SECTION 3: In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. 3 of 5 ATTACHMENT A February 15, 2022, Item #9INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 1st day of February 2022, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 15th day of February, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4 of 5 February 15, 2022, Item #9City of Poway 2021 Redistricting 5 of 5 EXHIBIT A Map layers Water Area Streets Landmark Area River National Demographics Corporation, September 5, 2017 February 15, 2022, Item #101 of 6DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway February 15, 2022 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk q (858) 668-4535 or cgallagher@poway.org CITY COUNCIL Second Reading and Adoption of Ordinance No. 853 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Sections 3.28.060, 3.28.070, 3.28.110, 3.28.120 and Adding 3.28.150 to Chapter 3.28 (Purchasing) of the Poway Municipal Code." The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on February 1, 2022. There were no speakers. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: Recommended Action: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: LEONARD, FRANK, GROSCH, MULLIN, VAUS NONE NONE NONE NONE It is recommended that the City Council adopt Ordinance No. 853. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Informal bidding has lower administrative and supply costs than formal bidding does. As such, staff anticipates minor cost savings from adopting the Act. These cost savings cannot be quantified because they will vary based on the number of projects that qualify for informal bidding. Further, staff also anticipates productivity savings from spending less time managing the formal bid process which will allow staff more time to focus on other projects for the City. February 15, 2022, Item #10Public Notification: An ordinance summary notice was published in the Poway News Chieftain on Thursday, February 10, 2022. 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. 853 Reviewed/ Approved By: 1~~~ Wend~rman Assistant City Manager 2 of6 Reviewed By: Alan Fenstermacher City Attorney City Manager February 15, 2022, Item #10ATTACHMENT AORDINANCE NO. 853 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING SECTIONS 3.28.060, 3.28.070, 3.28.110, 3.28.120 AND ADDING 3.28.150 TO CHAPTER 3.28 (PURCHASING) OF THE POWAY MUNICIPAL CODE WHEREAS, Chapter 3.28 of the Poway Municipal Code ("PMC") establishes procedures for the purchase of supplies, equipment, materials and services; WHEREAS, the City Council of the City of Poway is currently required by the California Public Contract Code to competitively bid all Public Projects in excess of $5,000; WHEREAS, Public Contract Code, Sections 22032, et. seq. set forth informal bidding procedures for public projects over $60,000 and up to $200,000 upon adoption by a public agency of the California Uniform Public Construction Cost Accounting Act ("CUPCCAA") procedures; WHEREAS, the City Council has determined that it is in the best interest of the City of Poway to adopt these procedures for informal bidding of public projects in accordance with CUPCCAA; and WHEREAS, the City seeks additional Ordinance amendments to four sections and seeks to add one section to reflect changes in procedures pursuant to the adoption of CUPCCAA and subsequent changes in purchasing procedures. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: The City Council hereby approves this Ordinance and amends Sections 3.28.060, 3.28.070, 3.28110, 3.28.120 and adds Section 3.28.150 to Chapter 3.28 of the PMC as specified below. Removals are indicated with strikethrough and additions are indicated with underline. follows: SECTION 3: Section 3.28.060 of the Poway Municipal Code is hereby amended as 3.28.060 Formal bidding procedures -Public works projects Contracts for public projects shall be administered in the manner provided by Section ~ 22032 et. seq. of the Public Contracts Code as may be amended from time to time. (Ord. 55 § 6, 1992) SECTION 4: Section 3.28.070 of the Poway Municipal Code is hereby amended as follows: 3 of6 3.28.070 Formal bidding procedure. Except as otherwise provided in this chapter, any purchase which exceeds $50,000 $60,000 in value for supplies, services, and equipment, or the amount established by February 15, 2022, Item #104 of6 Public Contracts Code Section ~ 22032 and succeeding amendments for contracts on public works projects, will be by formal bid. A. Notices inviting sealed bids shall be published at least twice, not less than five days apart, the first time. being 10 days before the date of the opening of the bids, in a newspaper of general circulation in the City, or they shall be posted in at least three places in the City that have been designated by ordinance as the places for posting public notices. B. Notices inviting bids shall include a general description of the articles to be purchased, where bid forms and specifications may be obtained, and the time, date and place for the opening of bids. C. When deemed necessary by the Director of Finance, bidder's security may be prescribed in the public notice inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit the bid security upon the bidder's refusal or failure to execute the contract within 10 days after the notice of award of contract has been mailed. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the City Council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the City Council rejects all bids presented, due to the failure of the successful bidder to execute the contract, and readvertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids and the surplus, if any, shall be returned to the lowest bidder. D. Sealed bids together with bidder's security shall be submitted to the Director of Finance or designee. The bid shall be so identified on the envelope. Bids shall be opened in public at the date, time and place stated in the public notices inviting the bids. Any bid received after the scheduled time of the bid opening shall be returned to the bidder unopened. A tabulation of all bids received shall be available for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening. E. At its sole discretion, the City Council may reject any and all bids presented and readvertise for bids pursuant to the procedure prescribed above. In the event no bids are received or, all bids are rejected, the City Council may, in accordance with Public Contracts Code Section 20167, and any amendments thereto, direct the Director of Finance or designee to proceed pursuant to paragraphs relating to open market procedure or competitive negotiations. F. If two or more bids received are for the same total amount or unit price, quality and service being equal, the City Council may at its discretion accept the bid it chooses with or without further negotiations with the tie bidders. G. The City shall have authority to require performance and labor and materials security before entering a contract in such amount as it finds reasonably necessary to protect the best interests of the City. If the City requires security, the form and the amount of the security shall be described in the notice inviting bids. The notice inviting bids may provide that security may be posted in the form of a surety bond, a letter of credit drawn on an institution located in San Diego County and approved by the City Attorney, or a cash deposit. (Ord. 811 § 7, 2017; Ord. 675 § 6, 2008; Ord. 260 §§ 1, 3, 1988; Ord. 188 § 1, 1986; Ord. 55 § 7, 1982) February 15, 2022, Item #10SECTION 5: Section 3.28.110 of the Poway Municipal Code is hereby amended as follows: 3.28.110 Cooperative purchasing. Purchase of supplies, services and equipment by contract, arrangement and agreement for the cooperative purchasing programs with the State, the County and any other public or municipal corporation of the State may be made by the Director of Finance when the administering agency has made their purchase in a competitive manner. In addition, the city council, city manager, or purchasing agent, at their prescribed authorization levels, may buy directly from a vendor at a price established by another public agency of the State when the other public agency has made its purchase in a competitive manner. (Ord. 811 § 8, 2017; Ord. 675 § 9, 2008; Ord. 260 § 1, 1988; Ord. 55 § 11, 1982) SECTION 6: Section 3.28.120 of the Poway Municipal Code is hereby amended as follows: 3.28.120 Award and execution of contracts. Except in emergency situations, all contracts for supplies, services and equipment in an estimated amount of $50,000 $60,000 or more and public works projects in an estimated amount of $5,000 $60,000 or more shall be awarded by the City Council. Contracts for supplies, services.L aoo equipment and public projects pursuant to the processes set forth in 3.28.150 in an amount less than $50,000 $60,000 shall be executed by the City Manager or the City Manager's designee. No contract shall be approved by the City Council or City Manager unless the expenditure is consistent with the City's adopted budget. (Ord. 675 § 10, 2008; Ord. 55 § 12, 1982) SECTION 7: Article Ill of the Poway Municipal Code is hereby amended to include the addition of 3.28.150 as follows: 3.28.150 Informal bid procedures under the California Uniform Public Construction Cost Accounting Act. 5 of6 A. Informal Bid Procedures. A public works construction project, as defined in Section 20161 of the Public Contract Code may be performed by contract acquired by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code. B. Contractors List. A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission. Such list will be maintained by the public works director or designee. C. Notice Inviting Bids. When a public works construction project is to be performed which is subject to the provisions of this section, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with subsection B. of this section, and to all construction trade journals as specified by the California Uniform Public Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the public works director; provided however: February 15, 2022, Item #101. If there is no list of qualified contractors maintained by the public works director for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the commission. 2. If the producer or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. D. Award of Contract. Award of contract to the successful responsive, responsible low bidder will be executed in accordance with this chapter. SECTION 8: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 1st day of February, 2022, and thereafter. PASSED AND ADOPTED at a Regular Meeting of said City Council held the 15th day of February, 2022, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 6 of6 February 15, 2022, Item #11DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway February 15, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services ,/tt Austin Silva, Senior Planner A1 (858) 668-4658 or asilva@poway.org CITY COUNCIL Tentative Tract Map 22-002; a request for approval of the third one-year time extension for a previously approved subdivision (Tentative Tract Map 16-005) and a request to lower the pad elevation of Lot 8 by approximately five feet. The City Council's approval of Tentative Tract Map (TTM) 16-005, known as the Larchmont Subdivision project, is set to expire on March 20, 2022. Prior to the expiration, the applicant requested a third one-year time extension to allow for additional time to complete the processing requirements for a Final Map. The applicant is also requesting to lower the pad elevation of Lot 8 by approximately five feet. This project will be deemed expired unless the requested time extension is approved. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution (Attachment A). Discussion: The applicant is New Pointe Communities 43, LLC (New Pointe Communities). New Point Communities purchased the property in 2021 and will be the developer for the buildout of the subdivision. The project site is an approximately 80-acre property located at the easterly terminus of Larchmont Street, which is just east of Pomerado Road and north of Twin Peaks Road. An approximate nine-acre area in the westerly most portion of the site, is in the Rural Residential C (RR-C) zone and the balance of the site is in the Rural Residential A (RR-A) zone. The project location and zoning map is included as Attachment B. The project site currently is comprised of two separate, but contiguous legal lots. On March 20, 2018, the City Council approved TTM 16-005, which subdivides the project site into ten residential lots ranging in size from one to seven acres that are clustered in the westerly portion of the site, and includes approximately 59 acres of open space on the balance of the site as shown on Attachment C. No changes are proposed to the approved lot configuration; however, the pad elevation of Lot 8 is proposed to be lowered by approximately five feet as a part of this proposal. 1 of 10 February 15, 2022, Item #11The TTM was approved by the City Council for two years pursuant to the Poway Municipal Code (PMC), and within that time the applicant is required to process and receive approval of a Final Map from the City Council. Section 16.10.080 of the PMC allows for a total of five one-year extensions. The first one-year time extension was approved on May 5, 2020 and the second extension was approved on March 2, 2021. This is the third extension request for this approved subdivision. The application for this time extension was submitted prior to the expiration date of the application and therefore the time extension can be granted. New Pointe Communities has submitted the grading plans and Final Map for review by City staff. They are requesting to lower the pad elevation of Lot 8 by approximately five feet from what is approved with TTM 16-005. The proposed pad elevation changes are shown in Attachment D. Lowering the pad elevation would reduce the amount of grading required and reduce the length of the driveway. It would also have less impact on habitat by reducing the amount of grading required. Front yard setbacks can still be complied with by lowering the pad elevation and locating it closer to the private street. Condition ((2) of the of resolution for TTM 16-005 requires City Council approval to increase or decrease pad elevations by more than two from what was shown on the approved TTM. The pad elevation change request is included in the attached Resolution. The applicant needs additional time to complete the Final Map process. The applicant is requesting City Council approval of a one-year time extension and that the pad elevation of Lot 8 be lowered by approximately five feet. All the findings and Conditions of Approval from City Council Resolution P-18-08 approving TTM 16-005 will remain in full force and effect. The project will be required to comply with all current regulations for landscaping and stormwater requirements. No new Conditions of Approval are recommended. With approval of this extension request, the TTM approval will be extended to March 20, 2023. Environmental Review: Pursuant to Section 15162 of the California Environmental Quality Act Guidelines, additional environmental review is not required since the project is within the scope of the Mitigated Negative Declaration that was adopted in conjunction with the original project on March 20, 2018. Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, February 13, 2022. A public notice was mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. Approved TTM D. Lot 8 proposed pad elevation change 2 of 10 February 15, 2022, Item #11Reviewed/ Approved By: Wend'/ erman Assistant City Manager 3 of 10 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chff&~ City Manager February 15, 2022, Item #11RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 22-002; A THIRD TIME EXTENSION OF THE APPROVAL FOR TENTATIVE TRACT MAP 16-005 AND A REQUEST TO LOWER THE PAD ELEVATION OF LOT 8; ASSESSOR'S PARCEL NUMBERS: 314-032-01 AND 314-370-05 WHEREAS, on March 20, 2018, the City Council approved Tentative Tract Map (TTM) 16-005, along with a Mitigated Negative Declaration, for a 10-lot subdivision of an approximately 80-acre site (which is comprised of two, contiguous, approximate 40-acre lots) located at the easterly terminus of Larchmont Street, in the Rural Residential A (RR-A) and Rural Residential C (RR-C) zones. Pursuant to Condition C(2) of City Council Resolution P-18-08, changes of two feet (+/-) from building pad elevations shown on the approved TTM shall require City Council approval; WHEREAS, pursuant to Section 16.10.080 of the Poway Municipal Code (PMC), the City Council in May 2020 approved the first one-year time extension, which resulted in extending the expiration date of TTM 16-005 to March 20, 2021; WHEREAS, pursuant to Section 16.10.080 of PMC, the City Council in March 2021 approved the second one-year time extension, which resulted in extending the expiration date of TTM 16-005 to March 20, 2022; WHEREAS, the applicant has submitted on January 20, 2022 a request pursuant to the PMC for a third one-year time extension of the project approval which would extend the expiration date, to March 20, 2023 and a request to lower the pad elevation of Lot 8 by approximately five feet from what is approved by TTM 16-005; WHEREAS, on February 15, 2022, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: Pursuant to Section 15162 of the California Environmental Quality Act Guidelines, additional environmental review is not required since the project is within the scope of the Mitigated Negative Declaration that was adopted in conjunction with the original project on March 20, 2018. SECTION 2: City Council Resolution P-18-08 remains in full force and effect except that a time extension for the approval is hereby granted by the City Council. SECTION 3: The City Council hereby approves TTM 22-002, as shown on the approved tentative map incorporated herein by reference and stamped as "Exhibit A" dated February 15, 2022 (Exhibit A hereinafter) on file with the Development Services Department. This approval includes the approval of a third time extension of TTM 16-005 for one year from March 20, 2022 4 of 10 ATTACHMENT A February 15, 2022, Item #11Resolution No. 22-Page 2 to March 20, 2023 and includes lowering the pad elevation of Lot 8 by approximately five feet from what was shown on the approved TTM for TTM 16-005. 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 15th day of February, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 of 10 February 15, 2022, Item #11N $ 0 360 720 --- -6 of 10 1,440 Feet CITY OF POWAY Zoning/ Location Map Item: TTM22-002 ATTACHMENT B February 15, 2022, Item #11-.J 0 -ti ~ 0 ~ ..... )> n J: s: m z ..... n -Jlf-J}I-IH I 12 TENTATIVE TRACT MAP: 16-005 1--~··-r r-·-\-----! r-i :·:-J EASEMENTSLENCUMBERANCES [I) A JO-FO:JT Wlllf SAO II wA,ut EA:DlfJfT fo,t n-tE Cllr Of POWAY PfR OOC.NO.~ ~ ~ 8(JJfrft)A!l'Y ZONr. IJNf r ITE VICINITY MAP NO SCAlE T.8. PG. 1170-07 ~ RCCO ~ W DONNMIC EAS£>10<1 .... ~AP NO, :aZJ.IIEC'I) llo!IIIQLU....1 III 20' 'MOE DRMNAC.£ [ASt!ENT PER WAP NO. ~REt'D ~ ffl 10' -.OE Dfl-CA!CWEHl l'f:R MAPN0.2:illl.llEC'DJINH;HJJJ22.1 ~ Od-~STIIEETDmCATIONP£R ¥WNO.lZ:flmt~C'D~ DRIVEWAY TABLE I.OT STA. t NO. 8.EVATIOf,j 1 102-t-29 160.J 2 l03i'50 --• J 101+13 HJ.5 4 105+24 17,1.1 5 107.,.51 ti71l.15 . N/A •no 7 107+1:NS 680.0 . 106+H •·1e.1 . ,,.,..,.,.. 727.0 10 500+30 750.0 LOT L.N£ BUILDING ScTIIACK LOT HIJteER PNJ fl£VA1KJN LOT Ofl'AOED Jtllt£.A PROP. ESIIT. PROP. F1JEL MOO ZCJll£ EXIST.!IEIEtJril~ £>05T.WAlERa&Alil LOT 8 ( ..... ,..gJ PROPOSED SEllltR MAIN ---•---1.no Lr'. ~Ofil'CSED WAl'tll WAiH ---W---1,730 Lf'. EXtST. lNDO aJolTCIJR ··--·--•-•l-N·------- PfMP.NJUC~TCUt --~-- OJfj'Al-1. LJfliE -11-~-11- <:UT,nl. 3LOf'£ .:::IIIl:llr:::;z'.:::::ll!III: 119,100 s.F. [l;,•/1/,'/,;;½5;/:(<,?,•/;J 41,"50 SF . =• BIO-f£TDfT,0N 1,· /// ,.~.,.-, ...... ur.1 ·-·-----= TJ-l-..4o· / I rrt<-/ 7 ( I -..... L,-----. 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CA. 92010 (780) :S10-3J52 -~-.1_(2.~ .. ,.,:no-31~ foa ENGINEER Of WORK ~~~r-= ~: :.:\f:™fO'E~~~°" Cl-Mij:~~Of-TiiE..-.co.ECT. ~ I m m/0112011 OGAN ~ [)CPJll[S:~ TENTATIVE TRACT MAP ,:lltOJECT "'AME• SITE AOClllf:SS: LYON EST A TES LARCH"40NT STREET T.T.M. 16-005 2111-17~ ;a;:"."1<:-,..-.:t::•,;11'.--c-.:.P~Jr,-: -.,;. .. ., (..-· .. ;-;;--.r;r,.,."::••\.~> .• •....,....t:;'.1-:·~-~,··~.-:r-~ :i..-11:-c;1-, ?:.; .. February 15, 2022, Item #11'°..--------------------~~~~~~~~--~--~----------------------~ TE NT AT IVE TRACT MA p SHEET _J OF -1IL SHEETS ~ SEE SHEET 2 GRADING PLAN 1 \ 1 ,,,., 11 i 1111! n~_,::::z:== ~---------,.---r,ra,---------------------------------\\ "'--, ast.H"S IUCXll!'frYCJfSMIDl'GO DIIG.-.S-~ffCI'$ aut°W" ,.- f'OI·~ rr:~j_ ~~~ 'i .... : !JIST.IIOIJI -arra-,a TJL 4"1- ZIH:(nf'.} ir ___ I i .. L..;,,'c i!AI..-OaJrt ,•sr. "'; 11:)/IQJC, i ,1' /,,_t> ~~----:;----~ -= -------· ----- ', ~~-,.·, I ' ) ~-,·-:l!~f . 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BASIN L.MITS SHOWJrrl AN£ TO BE Fl.AT, 30' llAX KEYSroHE WAU IIA Y II( 11£Q.Wll. a ' RANCHO COASTAL ENGINEERING & SURVETING Sl!<GLE!IOUIICl!DEWJ.OJ'ML,TCONSUI.TA!rr :.JIO ._.A ~ atuZ. l"/Jl5 SN( lrilARCOS, CA 92078 710) 510-3152 ~h / (7UO) 51G-J15.J fo-. TENTATIVE TRACT ~AP LYON ESTATES LARCHMONT SlREET T.T.M. 16-005 CAU"CINA COOflOIIA~ IHC£X: 2N-,7_~ F.:\f'rr.j:tt;,."·,.7"-1'1 -i:::,-~,;rY,1 •.:~a-((~~t..i.~-1}\.',.y._(,r,'G_':1),.-:~~\:·.:!S-•'ft.(,:ic:r!-.l ·")/7/:t:;t? 7,: J ~· February 15, 2022, Item #11..a. 0 0 -ti ..a. 0 ~ -4 )> n J: s: m z -4 C I I I I -----/ r--/ --- ___ .,c......,/__ -----I ---/ ---- _,_ ~---~ -----I \ ----c--\ ---\ ----\ -- I I \J: ~• l ll 'Ji¥( ~ ' ; :/(\\\ -I I I I I TM APPROVED BUILDING PAD LIMIT r TMAPPROVED LIMIT OF GRADING 100'FMZBUFFER~ _ / _____ - - - ---~-;--____ // -------------------------- ----Pl: --?~~//:/-@ t M 120 PASCO LARE!~~s~iif ~ / I ---------~---_ _ i-..•c-1 San Diego I Encinitas I Orange County SCALE: 1· = 40' Phone 858.259.8212 I www.plsaengineering.com February 15, 2022, Item #12DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway February 15, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services (4'\ Melody Rocco, City Engineer~ (858) 668-4653 or mrocco@poway.org CITY COUNCIL An Ordinance Amending Title 16 of the Poway Municipal Code, Sections 16.58.020, 16.58.090, 16.58.100, 16.58.110, 16.60.030, 16.62.030, 16.82.220, and 16.82.400, Relating to Floodplain Management Regulations The City of Poway participates in the National Flood Insurance Program's (NFIP) Community Rating System (CRS). The CRS program provides discounts on flood insurance to property owners. The NFIP has determined that in order to achieve or maintain a Class 8 CRS rating or achieve a higher rating, a new prerequisite related to residential building regulations must be implemented. The attached Ordinance (Attachment A) will amend Title 16 of the Poway Municipal Code (PMC) to ensure the City's floodplain management regulations continue to meet or exceed the NFIP and CRS requirements. It will also make minor modifications/updates. Recommended Action: It is recommended that the City Council take public input, close the public hearing, and introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for March 1, 2022. Discussion: Divisions IV and V of Title 16 of the PMC contain regulations for the City's floodplain management program. These regulations allow the City of Poway to participate in the CRS program which provides discounts on flood insurance to property owners. The City currently has a Class 8 CRS rating. The City was informed that in order to maintain the Class 8 CRS rating or achieve a higher rating, a new prerequisite related to residential building regulations must be implemented. Currently, Section 16.58.020 states that the lowest floor of new or substantially improved residential and nonresidential structures must be elevated to or above the 100-year flood elevation. The amended language requires the lowest floor to be elevated to one foot or more above the 100-year flood elevation. While reviewing these two divisions of the PMC, staff found several sections that need to be updated. 1 of 6 February 15, 2022, Item #12Sections 16.58.090, 16.58.100, and 16.58.110 relate to construction of any drainage or flood-control structure. The issuance of a permit for such work is dictated by these sections of the PMC and is completed by the Development Services Department. Revisions to these three code sections are minor modifications that will better reflect current procedures. Sections 16.60.030 and 16.62.030 reference the Director of Public Services which is a department that no longer exists at the City. Revisions to these two code sections are modifications to reference the Director of Development Services which is the appropriate department for the activities discussed. A change is being made to Section 16.82.220 which identifies the Director of Development Services as the Floodplain Administrator. This revision will change the Floodplain Administrator to the City Engineer. The City Engineer has the knowledge and experience necessary to review, approve, and issue floodplain development permits and already reviews and approves associated plans and permits with floodplain development. While not required by FEMA and not a requirement of the position, the City Engineer has typically been a Certified Floodplain Manager. Current procedures have FEMA related documents being reviewed by the City Engineer and then signed by the Director of Development Services. This change will remove one step in the process. Section 16.82.400 is being updated to change the North American Vertical Datum from 1929 to 1988 which is the vertical datum used on the current NFIP flood insurance maps. This is the level from which elevations are measured. Environmental Review: Adoption of the proposed Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines Section 15061 (b)(3) (General Rule) because the amendment pertains to minor procedural changes to the text of Divisions IV and V of Title 16 of the Poway Municipal Code, and it can be said with certainty that this activity will not have a significant effect on the environment. Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, February 3, 2022. Attachments: A. Ordinance Reviewed/ Approved By: Wendy(ISbserman Assistant City Manager 2 of6 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager February 15, 2022, Item #12ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING TITLE 16 OF THE POWAY MUNICIPAL CODE SECTIONS 16.58.020, 16.58.090, 16.58.100, 16.58.110, 16.60.030, 16.62.030, 16.82.220, AND 16.82.400, RELATING TO FLOODPLAIN MANAGEMENT REGULATIONS WHEREAS, Title 16, Division IV of the Poway Municipal Code (PMC) was adopted to promote the public health, safety, and general welfare by the adoption of floodplain management regulations; WHEREAS, the City of Poway participates in the National Flood Insurance Program (NFIP), and it is required as a condition of participation in the NFIP that the City's floodplain management program meet or exceed certain NFIP regulations; WHEREAS, the City of Poway also participates in the NFIP Community Rating System (CRS) program and it is required as a condition of participation in the CRS, that the City's floodplain management program meet or exceed certain NFIP regulations; WHEREAS, Title 16, Division V of the PMC was adopted to bring the City into compliance with the requirements of the NFIP and allows the City to participate in the CRS; and WHEREAS, the proposed amendments to the PMC will help assure that the City's floodplain management program continues to meet or exceed the requirements of the NFIP. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: The City Council finds that the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines Section 15061 (b)(3) (General Rule) because the amendment pertains to minor changes to the text of Title 16 of the Poway Municipal Code, and it can be said with certainty that this activity will not have a significant effect on the environment. SECTION 3: Sections 16.58.020, 16.58.090, 16.58.100, 16.58.110, 16.60.030, 16.62.030 of Title 16, Division IV of the Poway Municipal Code are hereby deleted. SECTION 4: Sections 16.58.020, 16.58.090, 16.58.100, 16.58.110, 16.60.030, 16.62.030 are hereby added to Title 16, Division IV of the Poway Municipal Code to read as follows: 16.58.020 Acts prohibited. No person shall do, commit or cause to be done or committed, any of the following described acts: A. Deposit any material of any kind in a watercourse which may impair or impede the flow of water therein; B. Plant any vegetation, other than grasses or annual crops, within a watercourse which may impair, impede or divert the flow of water in such watercourse; 3 of 6 ATTACHMENT A February 15, 2022, Item #12Ordinance No. *** Page 2 C. Commit any act or in any easement dedicated, granted or reserved for flood-control or drainage purposes which will impair the use of such easement for such purposes; D. Within a floodplain where a Floodplain Designator or a Flood Channel Designator has under the zoning ordinance been applied by the Council or within a floodplain as delineated on approved maps issued by the Federal Insurance Administrator: 1. Construct new or substantial improvements of residential structures unless the lowest floor (including basement) is elevated to one foot or more above the level of the 100-year flood; 2. Construct new or substantial improvements of nonresidential structures unless the lowest floor (including basement) is elevated to one foot or more above the level of the 100-year flood or the structure, including attendant utility and sanitary facilities, is flood proofed up to the level of the 100-year flood. (Ord. 85 § 1 (d), 1983; Ord. 29 § 1, 1981; CC§ 88.102) 16.58.090 Review by the Director of Development Services. Prior to the issuance of any watercourse permit for construction of any drainage or flood-control structure, the Director shall review the application and determine whether the proposed work is consistent with the City's general plan; provided, however, such application need not be reviewed if any of the following conditions are met: A. A City board, commission, or officer having final authority for project approval has determined that the project, which included the proposed work, is consistent with the general plan; or B. The proposed work is pursuant to a tentative map of subdivision which has been approved or conditionally approved. (Ord. 518, 1999; Ord. 29 § 1, 1981; CC § 88.109) 16.58.100 Determination that proposed drainage or flood-control structure is consistent with general plan. If the Director determines that the proposed work is consistent with the City's general plan, he shall so inform the applicant. Upon notification of such determination the watercourse permit may be issued. (Ord. 518, 1999; Ord. 29 § 1, 1981; CC § 88.110) 16.58.110 Determination that proposed drainage or flood-control structure is not consistent with the general plan. If the Director determines that the proposed work is not consistent with the general plan, he shall so inform the applicant and the Council. The watercourse permit shall not be issued unless and until the Council authorizes such issuance following a review of the permit application and making a finding that the proposed drainage or flood-control structure is consistent with the general plan. (Ord. 518, 1999; Ord. 29 § 1, 1981; CC§ 88.111) 16.60.030 Director. "Director" means the Director of Development Services of the City. (Ord. 85 § 1 (a), 1983; Ord. 29 § 1, 1981; CC § 88.101 (b)) 16.62.030 Filing fee and deposit. 4of6 February 15, 2022, Item #12Ordinance No. *** Page 3 Before a permit is issued an applicant shall pay the Director the fee and deposit established by this section unless the plans have been prepared and/or approved by an agency of the Federal, State, County or City government, in which case the fee and deposit are waived if installation is supervised by an agency of the Federal, State, County or City government. A. Filing Fee. A filing fee in the amount that shall be established by City Council resolution from time to time shall be paid at the time application is made for a permit. B. Deposit. A deposit shall be made in addition to the filing fee to cover plan checking, environmental review, processing of easement documents, administration, and inspection of the work. This deposit is to cover the actual cost incurred by the City as estimated by the Director. If the actual cost of checking, review, processing, administration and inspection is less than the deposit, the unused balance of the deposit shall be refunded in the same manner as provided by law for the repayment of trust moneys. If any deposit is insufficient to pay all the actual costs of checking review, processing, administration and inspection, the permittee, upon demand of the Director, shall pay an amount deemed sufficient to complete the work in process. If the permittee fails or refuses to pay such amount upon demand, the Director may refuse issuance of a watercourse permit until the amount is paid in full, or, if a permit is already issued, the work shall be considered incomplete and the permit revoked in accordance with the procedures set forth in PMC 16.62.050. (Ord. 683 § 67, 2008; Ord. 29 § 1, 1981; CC§ 88.203) SECTION 5: Sections 16.82.220 and 16.82.400 of Title 16, Division V of the Poway Municipal Code are hereby deleted. SECTION 6: Sections 16.82.220 and 16.82.400 are hereby added to Title 16, Division V of the Poway Municipal Code to read as follows: 16.82.220 Floodplain Administrator. "Floodplain Administrator" is the City Engineer. (Ord. 599 § 2, 2004) 16.82.400 Mean sea level. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1988 or others to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985) SECTION 7: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen ( 15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. 5 of6 February 15, 2022, Item #12Ordinance No. *** Page 4 INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 15th day of February, 2022, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 1st day of March, 2022, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 6 of6 February 15, 2022, Item #13DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway February 15, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services ~ I Austin Silva, Senior Planner '/6 (858) 668-4658 or asilva@poway.org CITY COUNCIL Minor Conditional Use Permit (MCUP) 21-004: a request to store two seatainers at Fire Station 2 located at 16912 Westling Court The City is requesting approval of a MCUP to store two metal storage containers (seatainers) that are eight feet wide by 20 feet long for storage of disaster preparedness supplies (e.g., cots, blankets, care kits, etc.) in the parking lot of Fire Station 2 located at 16912 Westling Court within the Public Facility (PF) zone and the Planned Community (PC) 4 zone (Old Coach Golf Estate Specific Plan (OCGESP) area). Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution (Attachment A). Discussion: Fire Station 2 is owned and operated by the City of Poway. The facility is located on the west side of Westling Court, north of Espola Road within the PF and PC-4 zone (OCGESP area) as shown in Attachment 8. Single-family residences are located to the west of the site and across Espola Road to the south. The Old Coach collection single-family subdivision is located to the northwest with an open space lot directly north across Butterfield Trail. A vacant lot is located to the east across Westling Court. The City Council approved a five-lot subdivision on the vacant lot east of Fire Station 2 on December 7, 2021. The Fire Department is requesting approval of a MCUP to store two seatainers that are eight feet wide by 20 feet long at the north end of the Fire Station 2 parking lot as seen in the site map (Attachment C). Attachment D provides photographs of the two seatainers at Fire Station 2 as they currently exist. The seatainers will be situated there on a permanent basis until it is requested to be relocated or other means of storage are found. Both seatainers store disaster preparedness supplies (e.g., cots, blankets, care kits, etc.) for evacuations during emergencies. The white seatainer and supplies contained inside were purchased by the City with grant money in 2009. In June 2010, MCUP 10-04 1 of 11 February 15, 2022, Item #13was approved to allow for the storage of the seatainer at Community Church at 13501 Community Road. In 2021, the church asked that the seatainer be relocated and the Fire Department agreed to have it moved to Fire Station 2. It has been stored in the north parking lot since September 2021. The tan-colored seatiner is owned by Red Cross and was relocated to Fire Station 2 in 2014. In June 2010, MCUP 10-05 was also approved to allow for the storage of this seatainer at the Poway auto dealers' vehicle storage lot at 13875 Kirkham Way. Red Cross has control over this seatainer, which could be moved to another location outside of the City in an emergency to service another area. Per City policy, a MCUP is required for extended use of seatainers. The City Council sets the length of time the seatainers may be kept as part of the conditions of a MCUP. The seatainers are only partially visible from a short section of Espola Road, east of Westling Court. It is otherwise screened by landscaping or the Fire Station's building from Espola Road and Westling Court. There is a block wall that obstructs views from Butterfield Trail Road and Ash Hollow Crossing Road (both private streets within the Old Coach Collection gated community). The white-colored and tan-colored seatainers are compatible with the colors of the Fire Station's building. Environmental Review: The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 11 Categorical Exemption, pursuant to Section 15311 (Accessory Structures) of the CEQA Guidelines, in that the project involves the placement of accessory structures (storage containers) in an existing fire station parking lot. Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on February 3, 2022. A public notice was mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. MCUP 21-004 Site Map D. Photographs of seatainers Reviewed/ Approved By: Wendy ~serman Assistant City Manager 2 of 11 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager February 15, 2022, Item #13RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT (MCUP) 21-004 TO STORE TWO SEATAINERS AT FIRE STATION 2 LOCATED AT 16912 WESTLING COURT; ASSESSOR'S PARCEL NUMBER 277-171-03 WHEREAS, the Poway Fire Department submitted MCUP 21-004 to store two seatainers that are eight feet wide by 20 feet long for storage of disaster preparedness supplies in the parking lot of Fire Station 2 located at 16912 Westling Court within the Public Facility (PF) zone and the Planned Community (PC) 4 zone (Old Coach Golf Estates Specific Plan (OCGESP) area); WHEREAS, on June 1, 2010, the City Council approved MCUP 10-04 to allow a City-owned seatainer containing emergency supplies to be stored at Community Church located at 13501 Community Road. Community Church agreed to store the seatainer as part of a five-year commitment to be an emergency care and shelter location. Community Church has requested to have the seatainer relocated elsewhere; WHEREAS, on June 1, 2010, the City Council approved MCUP 10-05 to allow a Red Cross seatainer containing emergency supplies to be stored at the Poway auto dealers' vehicle storage lot located at 13875 Kirkham Way. The Red Cross seatainer was relocated to Fire Station 2 in 2014; WHEREAS, on February 15, 2022, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; and WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The above recitals are true and correct. SECTION 2: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 11 Categorical Exemption, pursuant to Section 15311 (Accessory Structures) of the CEQA Guidelines, in that the project involves the placement of accessory structures (storage containers) in an existing fire station parking lot. SECTION 3: The findings, pursuant to Section 17.48.070 of the Poway Municipal Code (PMC), to approve MCUP 21-004 to allow the storage of two seatainers, are made as follows: A. The location, size, design and operating characteristics of the proposed use are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permits Regulations), the General Plan, and the development policies and standards of the City in that the seatainers are permitted with the approval of a MCUP, and they are located in the rear of the property, only partially visible from a small section of Espola Road just east of the intersection of Westling Court, and will otherwise comply with all of the relevant codes and standards of the City of Poway. 3 of 11 ATTACHMENT A February 15, 2022, Item #13Resolution No. 22-Page 2 8. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources in that the seatainers are placed in the rear of the property. The seatainers are only partially visible from a short section of Espola Road, east of Westling Court. They are otherwise screened by landscaping or the Fire Station's building. C. The harmony in scale, bulk, coverage, and density of the project is consistent with adjacent uses in that the placement of the seatainers do not exceed lot coverage and the 20-foot-long seatainers are in scale with surrounding residential development. D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed use. E. The storage containers have been sited to comply with the General Plan and PMC standards. Conditions of approval are required of the seatainers use which are intended to minimize the potential for negative impacts on the adjacent residential neighborhood. Therefore, there will not be a harmful effect upon desirable neighborhood characteristics. F. The storage of the seatainers will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan. G. The site is suitable for the type and intensity of use or development that is proposed in that the seatainers are accessory structures placed in a parking lot that will contain emergency supplies for evacuations. H. There will not be significant harmful effects upon environmental quality and natural resources in that the seatainers would be kept in an area that is currently paved. I. There are no relevant negative impacts of the proposed use that cannot be mitigated. J. A seatainer is an allowable accessory use with the approval of a MCUP. The impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan. K. The proposed use will comply with each of the applicable provisions of PMC Title 17 (Zoning Ordinance). SECTION 4: The City Council hereby approves MCUP 21-004 as shown on the approved site map stamped "Exhibit A" and dated February, 2022 on file in the Development Services Department, except as noted herein and subject to the following conditions: A. This approval is based on the existing site conditions and proposed project details represented on the approved plans stamped as "Exhibit A" and dated January 18, 2022 on file in the Development Services Department. The seatainers will be situated there on a permanent basis until they are requested to be relocated or other means of storage are found. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of 4 of 11 February 15, 2022, Item #13Resolution No. 22-Page 3 Development Services finds that the proposed changes do not substantially conform to approved plans. B. The conditions for the project shall remain in effect for the life of the subject property, shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. C. Prior to building permit issuance and continued use of the seatainers, unless other timing is indicated, the following conditions shall be complied with: (Building) 1. The development shall comply with the current addition of the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Fire Code, California Energy Code and California Green Code at time of submittal to the Building Division. All development shall comply with state structural calculations and seismic safety requirements. (Planning) 2. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. D. Compliance with the following conditions is required prior to building permit final: 1. The site shall be developed, and the building elevations shall be constructed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from appropriate City departments will be required. E. Upon establishment of use, the following conditions shall apply: 5 of 11 1. MCUP 21-004 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. 2. This MCUP authorizes the use of seatainers for storage purposes only. No other uses or occupancy, such as an office or other alternate use, would be allowed, unless permissible under the PMC and approved by a permit. 3. Seatainers being utilized for storage and approved under this MCUP application may not be structurally modified or altered unless approved by the City; no shade covers or utility connections are allowed unless in conformance with applicable building codes, the PMC, and/or an approved permit. 4. The applicant shall maintain the exterior areas in a clean and sanitary condition, free of litter, trash, food waste, and debris. 5. No exterior storage of materials, items, or stock may occur on the premises. 6. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. February 15, 2022, Item #13Resolution No. 22-Page 4 7. All facilities and related equipment shall be maintained in good repair. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. 8. The operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this approval. 9. All lighting fixtures shall be maintained such that they reflect light downward, away from any road or street, and away from any adjoining residential development. 10. All landscaping, including areas within the adjacent public right-of-way, shall be adequately irrigated, and permanently and fully maintained by the owner at all times in accordance with the requirements of the City of Poway Landscape and Irrigation Design Manual. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems. Tree maintenance and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall not be topped, and pruning shall not remove more than 25 percent of the trees' leaf surface. 11. Upon termination, expiration or revocation of this MCUP, the identified seatainers shall be removed under an issued demolition building permit with a "pass" result for all necessary inspections, to be completed no less than thirty (30) days from the MCUP end date. SECTION 5: The approval of MCUP 21-004 will expire on February 15, 2024 at 5:00 p.m., except if prior to that time, appropriate conditions of approval herein have not been complied with. SECTION 6: 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. 6 of 11 February 15, 2022, Item #13Resolution No. 22-Page 5 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of February, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 7 of 11 February 15, 2022, Item #13RS-4 Cloudcroft Dr Ash.80//0WCross ·--· lnQ.Rd -0 a::: -0 ------1 ~ i------1 l'.D -0 r----.....Ji... Sagewood Dr 8 of 11 (U .c () 0 ~ NORTH Subject Location: 277-171-03 City of Poway Zoning / Location Map Item: MCUP21-004 0 125 250 500 ---•Feet ATTACHMENT B RR-A February 15, 2022, Item #139 of 11 ATTACHMENT C February 15, 2022, Item #13..a. ..a. February 15, 2022, Item #13 February 15, 2022, Item #14DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway February 15, 2022 Honorable Mayor and Members of the City Council Aaron Beanan, Director of Finance . Nicole Roesler, Revenue and Operations Manager Nicole Roesler, Revenue and Operations Manager vVl.J-(858) 668-4409 or nroesler@poway.org CITY COUNCIL Ambulance Rates Study and Resolution Amending and Establishing the Emergency Medical Services and Ambulance Transport Fees A fee study for ambulance transport services has not been conducted since 2007. Fees studies are important to ensure the City's cost recovery is in alignment with the cost to provide service. For ambulance transport services they are also important to ensure the City's fee categories align with insurance reimbursement categories. As such, this staff report is for the consideration of the Ambulance Rates Study of January 27, 2022 (Attachment A) and a Resolution (Attachment B) amending the Emergency Medical Services and Ambulance Transport Fees within the Fire Department section of the Master Fee Schedule. Recommended Action: It is recommended that the City Council take public input, close the public hearing, receive the ambulance rates study report, and adopt the Resolution amending the emergency medical services and ambulance transport fees within the Fire Department section of the Master Fee Schedule. Discussion: The Poway Fire Department is committed to providing outstanding emergency medical services, fire protection services and fire prevention services to the community and is ready to respond to emergencies and disasters 24-hours a day, 365 days a year at three stations strategically located throughout the City. Resources dedicated to respond to emergency medical service type incidents are staffed by firefighters trained as paramedics. Automatic and mutual aid is also provided to adjoining agencies upon request. Of the many services provided by the Poway Fire Department, emergency medical services and ambulance transports (ambulance services) are the most frequently used by Poway residents and non-residents. Nearly 82% of all 911-calls received from a three-year period of FY17-18, FY18-19, and 1 of 29 February 15, 2022, Item #14FY19-20 involved medical related emergencies. As reflected in the adopted budget for FY21-22, funding support for the fire department includes revenue from ambulance related fees ($1,268,525), fire protection special tax ($636,000), mutual aid ($44,000), various fees associated with inspection, plan check and other safety fees ($344,552), and miscellaneous fees ($4, 1 SO) with the remaining department costs funded by the General Fund ($11,371,347). Staff completed the fee study for ambulance services to ensure that fees do not exceed the costs of providing services and recommend setting fees consistent with City financial policies. It is a best practice to complete a rates study to address changes to service deliver and costs fee study every five years. Under the terms of California propositions 218 and 26, which set restrictions on local government finance, user fees charged by the City are limited to recovering the cost of providing the related service. The last cost study that included ambulance services was performed in 2007 and fees were last updated in 2010. Operational costs for ambulance services have increased over the last fifteen years. For example, the cost of two ambulance vehicle replacements in 2007 was $350,240 compared to $509,722 in 2021, or 45.5% greater. The total operating budget for the Fire Department, excluding law enforcement, in FY06-07 was $7,850,260 compared to $13,658,574 in FY21-22, or a 73.9% increase. Additionally, there has been significant changes to the healthcare system. National healthcare reform with the Patient Protection and Affordable Care Act became law in 2010. Modifications to reimbursement policies and procedures for Medicare, Med-Cal, and private insurances make it necessary to update and modernize the fee schedule to increase the City's share of reimbursement for services. Fee Study: NBS Government Finance Group (NBS), the consultant hired to conduct the comprehensive cost of service study, was formed in 1996 and specializes in financial consulting for local governments in California. NBS prepared an Ambulance Rates Study Report with input from staff from the Finance Department and Fire Department. The fee study was conducted to update the City's costs to provide ambulance services to the community for which fees are assessed. Details of the methodology and analysis can be found in Attachment A, Final Ambulance Rates Study, summarizing the key findings and recommendations. Analysis-There were three phases of analysis completed in the fee study: 1. Cost of service analysis - A comprehensive effort to capture all associated staff time and labor costs in the Fire Department. 2. Fee establishment -This includes not only establishing the names and categories for fees but also recalibrating them to simplify the overall fee structure and to either increase the likelihood of cost recovery or make the fee structure more equitable for the community. 3. Cost recovery evaluation -Comparing the current fee for each activity to the total cost of service for that service or activity. Setting Fees-While there is no set standard to setting fees, the City has historically adjusted ambulance fees comparable to the average of other agencies in the region providing similar services. When comparing fees with other local comparable agencies, it is useful to consider the following: • They reflect the "market" cost of such fees and can assist in assessing the reasonableness of City's fees but does not reflect the cost of service incurred by Poway. • Fee surveys should not be used as the primary criteria in setting fees because there are many factors that affect how and why other communities have set their fees at their levels including 2 of29 February 15, 2022, Item #14differing cost recovery policies and procedures, basis of fees and frequency of review, and level and cost of services provided. Currently, Poway's ambulance fees are the lowest or among the lowest in the region for ambulance transports according to a calendar year 2019 survey of fees and charges of comparable agencies in San Diego County. The chart below shows the current and proposed fee for the Advanced Life Support 2 (ALS2) Resident category and where it sits in relation to the other city and special district providers in the County. As shown, Poway's ALS2 Resident fee is currently the lowest in the County. Current and Proposed Poway Fee for Advanced Life Support 2-Resident Ambulance Transport Bill Comparison ALS2 Re.sident Catecory $5,000 S--4,SOO $4,359 $4,452 $3,883 53,:00 Average= $2,461 * 51,500 $2,100 52,161 .$2,0CO Sl,535 Sl,558 51,697 _;',i~ ~/' i-,: i/'" :tf'1:,, t''' 1,i'"' b, ..... :,/'"' :,•/' t-,,,'' ,.."•.:;,, d'i_..,~ t-J"" "i'1· 1/'"' .:,:''0 b''" ,i,l' //·._ ,/-"' ~"c' ~·/•'" ,;/' ~,,o'" ,;,t>i' __ ,1,c:·' ,,~ ,o.,./" .,,er ~•-"'' ,,'5' ~,<r O d •'"4 ,/' <i'o' •-'$" •··"' ,,. ~ """' q,d' qe' ••d' q,o-~•o ~' ,, q,o ~-q' ~••"". 0,, ,,, ~ ~ *Ave,-..ge exclufts City of Pow.ty propo ,a,d fees As of 2019 S.ain Otego County Ambul..iince R.ate Survey As previously mentioned, fees have not been adjusted since 2010. As a result, cost recovery levels for the City have dropped to an average of 20%-31 %. The Poway Fire Department operates a high level of service staffing model for emergency medical services with all firefighters dually trained as paramedics and responsible for emergency response, treatment, and transport of patients. Poway is one of four cities in the county that continue to operate using this model, while other service areas are utilizing contracted transport providers or other staffing models that include single-role paramedics or emergency medical technicians with their firefighter/paramedic staff. As such, staff recommends the approval of an updated cost recovery methodology and to consider a 100% full cost recovery level. The figures in the Proposed Fees Table are based on FY 21-22 adopted budget and exclusive of the recently executed 6-year Poway Firefighters Association (PFA) contract approved after the budget was adopted. Ambulance fees were reviewed individually, compared to current market rates, and reviewed to determine the proposed adjustment to cost recovery levels. The increase in revenue will be used to partially offset annual operating expenses within the Fire Department to continue to maintain the desired service levels to the community. The Fire Department is and will continue to participate in all existing and upcoming supplemental governmental programs that provide reimbursement for ambulance transport, with the goal of helping offset the cost of providing these services. 3 of29 February 15, 2022, Item #14The table below shows the proposed fees as well as information on their cost recovery. Proposed Fees Table Fee Description Fee Proposed Proposed Current Current Unit/Type Fee Cost Fee Cost Recovery Recovery % % EMERGENCY MEDICAL SERVICES and AMBULANCE TRANSPORT Base Charge-Advanced Life Support 1 Resident Flat $4,369 100% $1,029 24% Non-Resident Flat $4,369 100% $1,366 31% Base Charge-Advanced Life Support 2 Resident Flat $4,369 100% $1,029 24% Non-Resident Flat $4,369 100% $1,366 31% Base Charge-Basic Life Support Resident Flat $4,369 100% $866 20% Non-Resident Flat $4,369 100% $1,196 27% Treatment and Release Flat $2,550 100% $150 6% ADD-ON CHARGES Per-Mile Charge Per Mile $16 $16 Oxygen Flat $66 $66 Medications Flat Cost Plus Cost Plus 50% 50% Supplies Flat $49 $49 EKG Flat $46 $46 Night Charge (7pm to 7am) Flat $50 $50 CPR Non-Transport Flat $100 $100 Extra Attendant Flat $50 $50 Cost Recovery Limitations -Most bills for ambulance services do not result in full payment. In setting fees and cost recovery, the level of use fee cost recovery should consider the public versus private benefit of the program or activity. However, there are fee collection limitations imposed by the healthcare industry that have an impact the total amount the City is able to collect from ambulance users when services are rendered. The Centers for Medicare and Medicaid Services (CMS) sets limits or caps on how much a provider can be reimbursed for administering ambulance services and private insurances pay a percentage of the costs billed which varies. While these fee limits do not preclude a provider from setting fees higher than what will be reimbursed, it does make full cost recovery infeasible. If fees are increased, the patient co-pays or deductibles remain the same, but the City will be able to bill insurance carriers for a higher percentage of the cost of service. Additionally, patients are not balance billed, a practice where a provider bills a patient for the difference between the fees charged and any amounts paid by the patient's insurer. Indexing for Inflation -Similar to other fee adjustments approved by City Council, an annual fee adjustment utilizing published industry economic factors is recommended to assist with maintaining cost recovery objectives as operational costs increase. Ambulance Service Fees set forth in Exhibit 1 will increase each July commencing July 1, 2022 by the annual change in the Consumer Price Index (CPI) -All Urban Customers, San Diego-Carlsbad (2020 = 303.932), as published by the United States Bureau of Labor Statics, subject to rounding to the nearest whole dollar. 4 of 29 February 15, 2022, Item #14Resources -An update to the City's fees will not change the way ambulance services are provided. No one is denied emergency services due to their type of healthcare coverage or ability to pay. The City offers payment plans with modest monthly payments and no interest or penalties. Additionally, there are resources for eligible uninsured individuals with Emergency Medi-Cal, California's state-funded health insurance benefits program, which may provide medical care in serious and sudden medical emergencies. In addition to these resources, staff are recommending the creation of a financial hardship assistance policy to allow the City Manager or designee authority to approve a reduction in fees for patients who are uninsured and are unable to pay for all or part of their bill due to limited income. The framework for this is included in the resolution. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Utilizing the proposed fee schedule, the City could increase annual billing amounts and associated cost recovery from approximately $2,700,000 to $9,800,000 and result in additional estimated receipts of $1,800,000-$3,000,000 annually in FY22-23 compared to $1,193,957 million collected in FY20-21. A smaller revenue adjustment in the current fiscal year of $300,000 is estimated due to the timeframe to receive reimbursements from insurance providers. However, because the revenue estimates are gross averages and reimbursement is dependent upon the payer mix, number of transports, etc., the actual revenue could vary significantly changing the amount of cost recovery the City realizes. The amount of cost recovery to the City realizes will be better understood over time. Revenue is reflected in the Paramedics Division budget (503050). In order amend the fee schedule, it is necessary for the City Council to adopt a Resolution authorizing this action. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, January 27, 2022 and February 3, 2022. Attachments: A. Ambulance Rates Study January 27, 2022 B. Resolution Amending Existing and Establishing New Fees for Emergency Medical Services and Ambulance Transport Within the Fire Department Section of the Master Fee Schedule. Reviewed/ Approved By: Wend serman Assistant City Manager 5 of29 Reviewed By: Alan Fenstermacher City Attorney e City Manager February 15, 2022, Item #14Prepared by: ~NBS helping communiti fund tomorrow nbsgov.com 6 of29 ATTACHMENT A Corporate Headquarters 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 February 15, 2022, Item #14TABLE OF CONTENTS 1. Executive Summary ........................................................................................................ 5 2. Project Approach ............................................................................................................ 7 2.1 Legal Foundation ....................................................................................................... 7 2.2 Project Approach ....................................................................................................... 8 3. Analysis ........................................................................................................................ 12 3.1 Cost of Service Analysis ........................................................................................... 12 3.2 Fee Establishment ................................................................................................... 17 3.3 Cost Recovery Evaluation ........................................................................................ 18 4. Conclusion .................................................................................................................... 22 7 of29 February 15, 2022, Item #141. EXECUTIVE SUMMARY The City of Poway wished to perform a study of its fees for ambulance services. The City's primary purposes in conducting this Study were to ensure that fees do not exceed the costs of providing services and to provide an opportunity for the City Council to set fee amounts according to local cost recovery policies. The body of this report illustrates calculation of the maximum fee amounts that reflect the City's full costs of providing services, as well as the policy options for considering implementation of fee amounts at or below that ceiling. This Study identified approximately $14.9 million in total annual City costs of providing Emergency Medical Services (EMS). The City bills $2.7 million, per year, on average, for ambulance services at current fee amounts. If the City were to collect 100% of their billings, revenue received would recover approximately 18% of the total annual costs of providing EMS services. However, review of historical EMS calls for service data showed that not all calls result in an ambulance transport and/or treatment without transport service. Of those calls that do result in an ambulance transport and/or treatment without transport service, there are instances when no bill for service occurs, such as mutual aid response where the City does not provide transport service. Additionally, most bills for ambulance services do not result in full payment. Depending on whether the recipient of a bill is a private or public insurance company, or individual, significant write downs, write offs, and payment delays typically occur. Based on an analysis of billing and revenue receipts data, the City's receives, on average, approximately 43% of the annually billed amount for services. As shown in Table 1 on the next page, at current annual billing activity levels, the City could increase "Average Annual Billings at Current Fees" from $2.7 million to the "100% Full Cost Recovery Fee Levels" of $9.8 million per year. The "Collected" row of the table considers that the average revenue received is 43% of annual billings due to write offs, etc. Therefore, the net increase in revenue received by increasing current fees to full cost recovery fee amounts is an estimated $3 million. As discussed in Section 2.2.3 of this report, there may be local policy considerations for adopting fees at less than the calculated full cost recovery amount. Also, the Centers for Medicare and Medicaid Services (CMS) sets limits, or "caps", for how much a provider can be reimbursed for administering ambulance services. CMS, however, does not regulate how much can be charged to individual patients or private insurance companies. All these considerations and nuances will impact the amount of revenue ultimately collected from any increase in ambulance fees for services. Per City staff's request, Section 3.3.1 of this report presents three cost recovery options for consideration: • Option 1: Transport fees established at 100% full cost recovery; Add-on charges assumed at no change from current fee amounts ONBS 8 of29 CITY OF POWAY Ambulance Rates Study 5 February 15, 2022, Item #14• Option 2: Transport fees and Add-on charges established at the average of the regional comparison • Option 3: Transport fees and Add-on charges at the 66th percentile of the regional comparison Table 1 shows a summary of annual estimated revenue projections for each of the policy options described. Billed Collected Net Col I ected Revenue Increase TABLE 1. REPORT SUMMARY Estimated Annual Billings per Policy Option 100% Full Cost Regional Fee Levels Regional Fee Levels Average Annual Billings at Current Fees Recovery Fee Levels -Average -66th Percentile $ 2,731,204 $ 9,754,207 $ 5,206,073 $ 6,771,947 $ 1,184,550 $ 4,169,923 $ 2,225,596 $ 2,895,007 $ 2,985,373 $ 1,041,046 $ 1,710,457 As shown, the potential net increase in revenue from increasing current fees to one of the presented policy options in this report is estimated at between $1 million and $3 million. However, predicting the amount to which adopted fee increases will truly affect City revenues is difficult, given that reimbursement rates for different types of fee payers ultimately drives what percentage of any bill for ambulance services is actually paid. ONBS 9 of29 CITY OF POWAY Ambulance Rates Study 6 February 15, 2022, Item #142. PROJECT APPROACH In approaching any fee study, we at NBS assess the unique conditions of the agency with which we work, apply a core philosophy, and select methodologies that best fit the requirements of the individual agency. Given the diversity and nuances present in many aspects of city finance and policy, this is a necessary strategy since one-size-fits-all methods are not sustainable once they become owned by the agency served. There is a legal foundation in place that provides the City with the authority to impose fees for the services it provides. The cost of providing these services and activities can be reasonably calculated and fees can be structured in a manner that allows the City to recover up to 100% of service costs. The calculation of the cost of providing services is an analytical effort that involves adopted and expected cost information and estimates of time (or time tracking information) required to perform a service or activity. Determining the targeted level of cost recovery from a new or increased fee is not an analytical exercise. It involves agency-specific judgments linked to a variety of factors, such as existing City policies, agency-wide or departmental revenue objectives, economic goals, community values, market conditions, level of demand, and others. Further, the Centers for Medicare and Medicaid Services (CMS) sets limits, or "caps", for how much a provider can be reimbursed for administering ambulance services. CMS, however, does not regulate how much can be charged to patients or private insurance companies. If the adopted fee is set at an amount that does not exceed the estimated and reasonable full cost of providing the service or activity requested, the City is in compliance with the legal framework currently in place. 2.1 Legal Foundation In California, there is great variability amongst fees charged to individuals for receiving ambulance transport and/or treatment. There is no set standard in California locally or statewide for how ambulance fees and rates should be calculated or administered. Therefore, in our opinion, the foundation for justification of ambulance fees for services needs to rely on a combination of federal guidelines and requirements as well as California state authorities for charging fees. CMS is a federal agency within the United States Department of Health and Human Services (HHS) that administers the Medicare program and works in partnership with state governments to administer Medicaid. CMS develops a national Ambulance Fee Schedule for services eligible for partial reimbursement to providers. CMS sets limits, or "caps", for how much a provider can be reimbursed for administering ambulance services. CMS, however, does not regulate how much can be charged to patients or private insurance companies. For the ambulance transport benefit under Medicare Part B, an annual update is applied to the payment limits for ambulance transports that is equal to the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) for the 12-month period ending with June of the previous year. This study relies on several of the CMS guidelines to structure which types of fees are charged for Medicare and Medicaid billing purposes. ONBS 10 of 29 CITY OF POWAY Ambulance Rates Study 7 February 15, 2022, Item #14It is generally accepted in California that cities are granted the authority to impose user and regulatory fees for services and activities they provide through provisions of the State Constitution. More specifically, the type of fees the City of Poway seeks to establish for ambulance services fall under the California Constitution Article XIII C. Section l(e), which provides seven stated exceptions to the State's definition of a "tax". The City's ambulance fees represent cost recovery opportunities entirely within the City's control. These are revenues which the City Council may, at its sole discretion upon public hearing, implement and/or modify without further public process or approval. The only legal limitation on the establishment of these fees is that they may not exceed the estimated and reasonable costs incurred to provide the service or perform the function for which the fee is charged. 2.2 Project Approach The fee study is a quantitative effort which compiles the full cost of providing governmental services and activities and translates those costs into proposed fee amounts best aligned with how services are provided. There were three phases of analysis completed during this study: 1. Cost of Service Analysis 2. Fee Establishment 3. Cost Recovery Evaluation 2.2.1 COST OF SERVICE ANALYSIS A Cost of Service Analysis is a quantitative effort that compiles the full cost of providing governmental services and activities. There are two primary types of costs considered: direct and indirect costs. Direct costs are those that specifically relate to an activity or service, including the real-time provision of the service. Indirect costs are those that support provision of services in general but cannot be directly or easily assigned to a singular activity or service. The following are different types of direct and indirect costs that are considered in the Cost of Service Analysis: Direct Costs: • Direct personnel costs -Salary, wages and benefits expenses for personnel specifically involved in the provision of services and activities to the public. • Direct non-personnel costs -Discrete expenses incurred by the City due to a specific service or activity performed, such as contractor costs, third-party charges, and very specific materials used in the service or activity. Indirect Costs: • Indirect personnel costs -Personnel expenses supporting the provision of services and activities. This can include line supervision and departmental management, administrative support within a department, and staff involved in technical support activities related to the direct services provided to the public. • Indirect non-personnel costs -Expenses other than labor involved in the provision of services. ONBS 11 of 29 In most cases, these costs are allocated across all services provided by a department, rather than directly assigned to individual fee categories. CITY OF POWAY Ambulance Rates Study 8 February 15, 2022, Item #14,, Overhead costs -These are expenses, both labor and non-labor, related to City-wide support services. Support services include general administrative services such as City Manager, Finance, Human Resources, etc. The amount of costs attributable to the City included in this Study were sourced from the City's Cost Allocation Plan prepared by the Finance Department. All cost components in this Study use annual (or annualized) figures, representing a twelve-month cycle of expenses incurred by the City in the provision of services. Once the total estimated annual costs of providing services are known, further analysis is completed to identify service costs that may not be eligible for recovery in the fees subject to study. To translate the annual costs of providing fee-related services into full cost-recovery individual fee amounts, we applied estimated or tracked time data and estimated or tracked activity data as an indicator of the level of service provided by type of service provided. 2.2.2 FEE ESTABLISHMENT The Study's process provided the opportunity to propose additions and deletions to the fee schedule, as well as to rename, reorganize, and clarify fees imposed. Many such revisions better conform fees to current practices, as well as improve the calculation offees owed by an individual, the application of said fees, and the collection of revenues. In most cases, the current structure of fees did not change; the focus is to recalibrate the fee amount to match the costs of services. In several cases, however, fee categories and fee names were simplified or re-structured to increase the likelihood of full cost recovery, or to enhance the fairness of how the fee applies to various types of fee payers. 2.2.3 COST RECOVERY EVALUATION The fee model compares the existing fee for each service or activity to the average total cost of service quantified through this analysis. A cost recovery rate of 0% identifies no current recovery of costs from fee revenues (or insufficient information available for evaluation). A rate of 100% means that the fee currently recovers the full cost of service. A rate between 0% and 100% indicates partial recovery of the full cost of service through fees. A rate greater than 100% means that the fee exceeded the full cost of service. Fees examined in this Study should not exceed the full cost of service. In other words, the cost recovery rate achieved by a fee should not be greater than 100%. We assist with modeling the "recommended" or "targeted" level of cost recovery for each fee, always established at 100%, or less, than the calculated ful I cost of service. As covered in section 2.1 Legal Foundation, while CMS sets limits, or "caps", for how much a provider can be reimbursed for administering ambulance services, the agency does not regulate how much can be charged to patients or private insurance companies. As such, targets and recommendations always reflect agency-specific judgments linked to a variety of factors, such as existing City policies, revenue objectives, economic goals, community values, market conditions, level of demand, and others. Because this element ONBS 12 of 29 CITY OF POWAY Ambulance Rates Study 9 February 15, 2022, Item #14of the Study is subjective, the results of this study provide the cost of service calculation based on 100% full cost recovery as well as the framework for the City to adjust in accordance with the City's goals as pertains to code compliance, cost recovery, economic development, and social values. 2.2.4 COMPARATIVE FEE SURVEY Often policy makers request a comparison of their jurisdiction's fees to surrounding or similar communities. City staff provided NBS with a 2019 survey of similar fees and charges in comparable agencies. The names of San Diego agencies surveyed have been marked as "Provider" for confidentiality. As illustrated in the comparison survey, the City's current Ambulance Transport fees are lower than most of the comparison agencies. The Treatment and Release fee is around the average of agencies that charge fees for assessment at the scene. The remaining fees such as EKG, Medications, Mileage, Night Charge, Supplies, and Oxygen fall in the middle of the other comparison agencies surveyed. While a comparison can provide a sense of the local market pricing for services and be useful in gauging the impact of recommendations for fee adjustments, the following should be noted about the general use of comparative survey data: • Comparative surveys typically do not provide information about the cost recovery policies or procedures inherent in each comparison agency. • A "market based" decision to price services below the full cost of service calculation, is the same as deciding to subsidize that service. • Comparative agencies may or may not base their fee amounts on the estimated and reasonable cost of providing services. • Comparative fee survey efforts are often non-conclusive for many fee categories. Comparison agencies typically use varied terminology for provision of similar services. The results of the Comparative Fee Survey for the City's Ambulance fees are shown on the following page. ONBS-13 of 29 CITY OF POWAY Ambulance Rates Study 10 February 15, 2022, Item #14~ ALS2 BLS Treat and Release -.i:a,. Units 0 .... Resident Non-Resident Resident Non-Resident Resident Non-Resident Resident Non-Resident N !Provider 1 \Q Provider 2 $4,451.94 $4,451.94 $3,967.94 $3,967.94 $1,613.83 $1,613.83 Provlder3 $3,883.21 $3,883.21 $3,425.37 $3,425.37 $1,487.05 $1,487.05 Provider4 $3,287.00 $3,287.00 $3,026.00 $3,026.00 $2,452.00 $2,452.00 Provider 5 $3,287.00 $3,287.00 $3,026.00 $3,026.00 $2,452.00 $2,452.00 Provlder6 $3,166.00 $3,166.00 $2,900.00 $2,900.00 $2,228.00 $2,228.00 id $3,166.00 $3,166.00 $2,900.00 $2,900.00 $2,228.00 $2,228.00 Providers $3,166.00 $3,166.00 $2,900.00 $2,900.00 $2,228.00 $2,228.00 Provider9 4 I $3,147.57 $3,147.57 $2,967.48 $2,967.48 $1,076.11 $1,076.11 $165.00 $165.00 rovider 10 $3,086.43 $3,086.43 $2,660.93 $2,660.93 $857.65 $857.65 rovider 11 2,787.00 $2,787.00 $2,526.00 $2,526.00 $2,207.00 $2,207.00 Provider 12 $2,671.34 $2,671.34 $2,396.98 $2,396.98 $2,022.71 $2,022.71 $202.74 $202.74 Provider13 $2,600.52 $2,600.52 $2,343.43 $2,343.43 $1,319.81 $1,319.81 Provlder14 $2,590.42 $2,590.42 $2,392.33 $2,392.33 $1,076.11 $1,076.11 $165.00 $165.00 Provider 15 $2,161.07 $2,161.07 $1,962.98 $1,962.98 $1,076.11 $1,076.11 Provider 16 $2,100.00 $2,100.00 $2,100.00 $2,100.00 $865.00 $865.00 Provider 17 $1,697.00 $1,829.00 $1,580.00 $1,709.00 $1,000.00 $1,117.00 $154.00 $204.00 Provider 18 $1,668.00 $1,668.00 $1,668.00 $1,668.00 $1,668.00 $1,668.00 $150.00 $150.00 Provider 19 $1,635.00 $1,824.00 $1,523.00 $1,712.00 $1,479.00 $1,668.00 $138.00 $200.00 Provider 20 $1,458.61 $1,458.61 $1,458.61 $1,558.61 $1,458.61 $1,458.61 $182.34 Provider 21 $1,330.11 $1,569.89 $1,308.41 $1,504.78 $475.41 $589.10 Provider 22 $1,320.00 $1,840.00 $1,180.00 $1,680.00 $980.00 $1,480.00 $100.00 $150.00 $1,268.75 $1,370.25 $1,167.25 $1,268.75 $952.33 $952.33 $203.00 $1,255.00 $1,255.00 $1,255.00 $1,255.00 $915.00 $915.00 $150.00 $150.00 Provider 25 $1,141.00 $1,141.00 $1,141.00 $1,141.00 $1,016.00 $1,016.00 Footnote 1'1: Provider 26 is City of Poway Ambulance Mileage 02 Meds 3.77 $317.49 $63.87 $241.94 $60.39 $228.91 $48.00 $118.00 $48.00 $118.00 $48.00 $127.00 $48.00 $127.00 $48.00 $127. $43.33 $156.54 I I $39.90 $127.39 $48.00 $118. $41.32 $33.65 $46.18 $203.17 $43.33 $156.54 $43.33 $156.54 $21.50 $100.00 $15.00 $27.00 $65.00 Cost+ 55% $18.50 $80.00 Variable $19.00 $94.00 $24.32 $91.18 Cost $24.00 $73.38 $664.54 $34.80 $50.00 Cost+l00% $23.25 $76.13 $24.00 $65.00 cost+ $25.00 $93.00 Variable Add om • EKG I I $50.00 $85.00 Varies $20.00 $28.00 Res-Cost+ $50.00 90%Non-R Cost plus 137% Varies $33.96 I $128.15 $36.17 I Varies $20.00 I Varies I I Varies I $20.00 I Varies Night Charge $155.09 $155.09 $30.00 $43.00 $43.41 $50.00 I I I I I CPR Non- Trans $2,100.00 $621.13 $150.00 I I I :r:t:too - I $253.66 $125.00 $154.00 I $154.00 $100.00 $30. $100.00 February 15, 2022, Item #142.2.5 DATA SOURCES The following data sources were provided by the City and used to support the cost of service analysis and fee establishment phases of this Study: • Adopted Budget for Fiscal Year (FY) 2021-22 • A complete list of the Fire Department's personnel, salary/wage rates, paid benefits, etc. • Prevailing fee schedules • Annual ambulance activity and billing data Calls for service data The City's adopted budget is the most significant source of information affecting cost of service results. We did not audit or validate the City's financial management and budget practices, nor was cost information adjusted to reflect different levels of service or any specific, targeted performance benchmarks. This Study has accepted the City's budget as a legislatively adopted directive describing the most appropriate and reasonable level of City spending. ONBS 15 of 29 CITY OF POWAY Ambulance Rates Study 11 February 15, 2022, Item #143. ANALYSIS The focus of this Study is on fees charged for ambulance services provided by the City. The following is a summarized list of fees studied: • ALS -Advanced Life Support includes emergency medical care performed for sustaining life, including cardiopulmonary resuscitation (CPR), defibrillation, airway management, and the administration of drugs and medications. Additional medical procedures may include cardiac monitoring, I.V.'s, and the use of diagnostic devices. • BLS -Basic Life Support generally does not include the administration of drugs or invasive skills. • Treatment and Release -Flat fee for services applied when the City responds to an emergency call for service, administers care at the scene, and does not transport the patient to hospital. • Related Add-Ons -Itemized charges allowed by CMS for EKG services, Oxygen, Fuel, Medications, and Night services. The fees examined in this Study excluded other fire related fees for services, development impact fees, utility rates, and any special tax assessments, all of which fall under distinct legal, analytical, and procedural requirements different from the body of user fees analyzed in this effort. Additionally, this Study fines and penalties imposed by the City for violations to its requirements or codes. 3.1 Cost of Service Analysis A full range of fire and paramedic services are provided by the City's Fire Department. These services can be summarized into three main service delivery programs for purposes of this analysis: • Fire Operations and Suppression Response -Emergency response related to fire incidents and other types of emergencies. • Emergency Medical Services (EMS) -Ambulance response services that typically result in a transport to a hospital or treatment on-scene without transport. • Fire Prevention -Annual inspections of commercial buildings, development review, Fire Code permits, investigative and code enforcement activities, etc. Personnel respond from three (3) strategically located fire stations to provide quick and effective response. 3.1.1 ANNUAL COST OF EMS SERVICES The focus of this cost of service analysis was to reasonably estimate the total annual costs of providing ambulance services that can be recovered through fees for services. Table 2 presents the total cost of service analysis for the City's Fire Department, segregated into the main service delivery programs: ONBS-16 of 29 CITY OF POWAY Ambulance Rates Study 12 February 15, 2022, Item #14TABLE 2. TOTAL FIRE DEPARTMENT SERVICE COSTS PER PROGRAM I E I General I I mergency Cost Element d" 15 . Operations/ Fire Prevention TOTAL Me 1ca erv1ces Labor Recurring Non-Labor Citywide Overhead Department Admi n $ 5,263,409 $ 334,438 7,988,282 1,276,295 Suppression 2,719,107 $ 1,188,132 3,898,360 733,266 503,856 $ 8,486,372 153,182 1,675,752 620,554 12,507,197 120,018 2,129,579 As shown, the total cost of providing all Department services is approximately $24.8 million. EMS services are approximately $14.9 million, which is 60% of total Department costs. EMS DIRECT LABOR COSTS The amount of "Labor" costs shown in Table 2 above was established as follows. Firefighters and paramedics are divided into 3 shifts working on a rotational schedule. Utilizing a constant staffing philosophy, each shift consists of 17 personnel ready to respond and provide emergency and non-emergency services any time of day. According to the calls for service report, most calls for service responded to by the Department are EMS rather than suppression related. As to how resources are deployed for EMS response, there are two (2) ambulances currently in service, seven (7) days per week, twenty-four (24) hours per day. Two (2) additional ambulances are kept ready in reserve to ensure adequate coverage for the community's needs. The two (2) ambulances in service are supported by three (3) paramedic fire engines and one (1) truck. Each time an ambulance responds to a call for service, a paramedic engine accompanies that ambulance to provide medically necessary support to the ambulance and personnel inside it. The City is dedicated to ensuring a paramedic is on scene within eight (8) minutes of a dispatched call, so an engine is always dispatched to a medical call along with ambulance. Each ambulance is staffed with two people, both are paramedic firefighters. Each paramedic engine is staffed with three people: a captain, an engineer, and a firefighter. All personnel on engines are paramedics. An analysis of calls for service for FY 2017 /18, FY 2018/19, and FY 2019/20 shows the breakdown of incidents and minutes for EMS calls versus other types of calls. CNBS 17 of 29 CITY OF POWAY Ambulance Rates Study 13 February 15, 2022, Item #14TABLE 3. TIME ON TASK . k ( 1 • 11 ) b f . Percentage of Time on Tas Tota Time on Ca s Num er o Minutes . Minutes Emergency Medical Response 559,007 82% Other Response Type 120,961 18% Table 3 shows the City's response time for Emergency Medical Services is approximately 82% of all calls for service. Because the City accounts for salaries and benefit expenses for all paramedic personnel in one central accounting/budgetary unit {Fire Suppression), a method for allocating direct labor costs between the Department's main service delivery programs is needed. To estimate the amount of salaries and benefit costs dedicated to EMS, the time on task split of 82% for personnel costs for Fire Captain/Paramedic and Firefighter/Paramedic positions are allocated to EMS, as are 18% of Fire Engineer/Paramedics position costs. OPERATING AND CAPITAL COSTS Review of the City's adopted expenditure budget for FY 2021/22 identified several on-going operating costs that are directly attributable the provision of EMS services. Unlike labor expenses, the City accounts for EMS related operating costs in a singular and separate accounting unit from Fire Suppression. These are shown in Table 2 as "recurring non-labor", and further detailed in Table 4, below: TABLE 4. EMS OPERATING COSTS Operating Cost Item FY 21/22 Budget Professional Develop & Recogn $ 250 Other Professional Fees 50,600 Utilities-Other 9,050 Hazardous Waste Removal 1,500 Vehicle Operations & Maintenance 57,330 Essential Training 8,900 Other Contractual Services 19,913 Equipment Repair & Maint. 19,700 Office & Stationery Supplies 700 Medical Supplies 37,345 Safety Supplies 5,500 Operating Supplies 4,500 Printing 1,650 Publication & Dues 50 Capital Outlay Rental-Vehicle 81,450 Cap Outlay Rental-Other Equip. 36,000 -~ En,\f,'£f:1 l-ll.'~l lt•J.ir:.11 Approximately $334,000 are operating costs directly dedicated to providing Emergency Medical Services. Operating costs include services and supplies needed to support operations, as well as the amortized cost of replacing vehicles and equipment needed for service delivery which are shown as the "capital outlay" expenditures at the bottom of the list. ONBS-1s of 29 CITY OF POWAY Ambulance Rates Study 14 February 15, 2022, Item #14OVERHEAD COSTS There are two types of overhead costs considered in this analysis: Citywide overhead and Fire Department overhead. Citywide Overhead costs include administrative services that support the Fire Department such as Finance, Human Resources, City Manager, Information Technology, etc. The City's Finance Department completes an overhead cost allocation plan analysis, which for FY 21-22 identifies $13.5 million in overhead costs attributable to the Fire Department. TABLES. OVERHEAD COSTS I 2021-22 Allocated Indirect/Support Services Ad d 8 d opte u get Citywide Overhead Safety Services -Fi re Suppression $ 12,317,738 Safety Services -Fire Prevention Safety Services -Paramedics 667,905 475,918 The total share of these costs attributable to EMS services, is shown in Table 6. TABLE 6. EMS OVERHEAD COSTS I Emergency Allocated Indirect/Support Services Medical Citywide Overhead Safety Services -Fire Suppression Safety Services -Fi re Pr even ti on Safety.Services -Paramedics Services 7,546,105 442,177 The portion of overhead costs allocated to EMS, is based on the overall share of Department staff time spent on EMS, resulting in approximately $8 million of overhead costs. Fire Department Administration Costs were also allocated to all main service areas, with EMS receiving approximately $1.3 million, as shown in Table 2. ONBS 19 of 29 CITY OF POWAY Ambulance Rates Study 15 February 15, 2022, Item #14TOTAL ANNUAL COST ALLOCATION SUMMARY Based on the analysis competed for each attributable cost component described above, Table 7 summarizes the City's total estimated annual cost of providing EMS services at $14.9 million. As described above, the total estimated cost of providing services includes all identifiable direct and indirect costs. TABLE 7. TOTAL ANNUAL EMS COSTS I Emergency Cost Element d. 1 S . Me 1ca erv1ces Labor Recurring Non-Labor Citywide Overhead Department Ad min 3.1.2 INDIVIDUAL FEE FOR SERVICE COSTS $ 5,263,409 334,438 7,988,282 1,276,295 To translate the total annual EMS costs established in Table 7 into individual costs per type of ambulance service, EMS costs were allocated to individual fee for service categories based on the average number of calls by type and the average amount of time required to service each type of call. Both calls by type and average time per call were sourced from the Fire Department's dispatch records Utilizing calls for service data provided by the City's dispatch system, a weighted distribution factor was derived by call volume and call time between Transports, Non-Transports, and Other Calls. Each time an ambulance responds to a call for service, a paramedic engine accompanies that ambulance to provide medically necessary support to the ambulance and personnel inside it. Therefore, service time must reflect the total number of personnel responding to each call, on average: • Two person ambulance -Paramedic/Firefighters • Three person paramedic Engine -Captain, Engineer and Firefighter. Each of these people are also Paramedics. • Transports are defined as calls that consisted of a patient being transported to the hospital by ambulance. Transports last an average of approximately 60 minutes per call. • Non-Transports are defined as calls where treatment was administered on the scene, but the ambulance did not transport the patient to a hospital, also known as "Dry Run". Based on conversations with City staff, if the medic unit is on the scene for more than 25 minutes, it would be indicative that an assessment with some form of treatment or advanced evaluation was performed. ONBS-20 of 29 CITY OF POWAY Ambulance Rates Study 16 February 15, 2022, Item #14• Other Calls are defined as calls that last less than the 10-minute "on-scene time" threshold, which would be indicative of no treatment was administered on-scene and no transport was provided by ambulance. These calls have no potential for recovery of costs through fees for ambulance services. The cost of service analysis for individual ambulance services is shown in Table 8 below. TABLE 8. AVERAGE TOTAL COST PER TYPE OF AMBULANCE SERVICE Average Average Average Average Average Service Service Average Type of Ambulance Service Time Service % Annual Time Time Cost per Service (hrs)-time(hrs) -Distribution Calls Ambulance (hrs) -(hrs)-Annual Service Engine Total Transport 2,851 1.98 2.97 2.47 7,049 86% $ 4,369 Non-Transports 684 0.58 0.87 1.44 988 12% $ 2,550 Other Calls 260 0.20 0.30 0.49 128 2% $ 870 Total 3,795 2.75 4.13 4.41 8,165 100% $ 3,801 Per the dispatch data, Table 8 shows the average annual distribution of effort required to service various types of Emergency Medical Services calls as 86% Transports, 12% Treatment Non-Transports, and 2% Other Calls. Applying the $14.9 million of costs shown in Table 7, the average cost of service per ambulance call is $3,801, and for each type of ambulance service is $4,369 for Transport, $2,550 for Treatment Non-Transports, and $870 for Other Calls. 3.2 Fee Establishment The City's current fee structure and fee amounts are shown in Table 9 on the following page. As discussed in Section 2.2.2 of this report, the Study's process provided the opportunity to propose additions and deletions to the fee schedule, as well as to rename, reorganize, and clarify fees imposed. In general, ambulance fee schedules tend to be standardized across local governments. Fee schedules typically contain the following types of fees for services: • Transport Fees, which are typically delineated between ALS versus BLS transport services, and treatment without transport services. Fees for transport services also sometimes indicate different fee amounts for residents versus non-residents. • Add-on Charges, for services provided during transport that vary per incident, such as mileage, oxygen, medications, supplies, EKG, etc. Poway's transport fees are structured within the same standards seen in other agencies. However, the City's official Master Fee Schedule adopted by Resolution 08-083 lists only two Add-on charges for Mileage and Oxygen. As shown in Table 9, and in the regional comparison of fees, the Study identified other active Add-on charges in the City's billing data. NBS recommends the City publish all standard Add-on charges that it intends to bill for on a routine basis in the Master Fee Schedule. ONBS 21 of 29 CITY OF POWAY Ambulance Rates Study 17 February 15, 2022, Item #143.3 Cost Recovery Evaluation Table 9 shows the Total Cost of Service Per Activity calculated by the Study (full cost recovery fee amounts} as compared to the current fees charged by the City. TABLE 9. CURRENT FEE EVALUATION AND PERFORMANCE Fee Description EMERGENCY MEDICAL SERVICES and AMBULANCE TRANSPORT Base Charge-Advanced Life Support 1 Poway Resident Non-Resident Base Charge-Advanced Life Support 2 Poway Resident Non-Resident Base Charge-Basic Life Support Poway Resident Non-Resident Treatment and Release ADD-ON CHARGES Per-Mi I e Charge Oxygen Medications Sup lies EKG Fee Unit / Total Cost of Type Service Per Poway Current Fee Activity flat $ 4,369 $ 1,029 fl at $ 4,369 $ 1,366 flat $ 4,369 $ 1,029 fl at $ 4,369 $ 1,366 flat $ 4,369 $ 866 flat $ 4,369 $ 1,196 flat $ 2,550 $ 150 per mile $ 16 fl at $ 66 flat Cost lus 50% flat $ 49 flat Existing Cost Recovery % 24% 31% 24% 31% 20% 27% 6% $ 46 -------.. ································· ·······························+~---~~·....;...----+--.. Night Charge (7pm to 7am) flat $ --···················?..9. .......... ----CP_R_N_o_n_-T_ra_~~ .................................................................... ....__fl_a t--+-------1-'$'-----+-------4 Extra Attendant __ f_l a_t_-1-······································+-'-$ ___ __.. ___ -1 As shown, the Poway's current transport fees recover between 6% and 31% of the total cost of providing each service. Add-on charges were not evaluated on a cost-per-service basis; however, by excluding the anticipated billings associated with these charges from the calculation of the transport rates, the risk of overcharging a recipient for transport service is mitigated. 3.3.1 RECOMMENDED FEES -POLICY APPROACH The following table shows three options for establishing ALS Transport, BLS Transport, and Treatment and Release (Non-Transport} fees either at or below the 100% full cost of service fee amounts calculated through this Study. • Option 1: Transport fees established at 100% full cost recovery; Add-on charges assumed at no change from current fee amounts ONBS-22 of 29 CITY OF POWAY Ambulance Rates Study 18 February 15, 2022, Item #14• Option 2: Transport fees and Add-on charges established at the average of the regional comparison • Option 3: Transport fees and Add-on charges at the 66th percentile of the regional comparison TABLE 10. POLICY OPTIONS OPTION 1 OPTION 2 OPTION 3 CURRENT Total Cost of Cost Cost Regional Fee Cost Existing Fee Fee Description Fee Unit/ Service Per Recovery Regional Fee -Recovery -66th Recovery Poway Cost No. Type Activity % Average % Percentile % Current Fee Recovery % EMERGENCY MEDICAL SERVICES and 1 AMBULANCE TRANSPORT Base Charge-Advanced Life Support 1 Poway Resident flat $ 4,369 100% $ 2,267 52% $ 2,900 66% $ 1,029 24% Non-Resident flat $ 4,369 100% $ 2,327 53% $ 2,900 66% $ 1,366 31% Base Cha rge-Adva need Life Support 2 Powa Resident flat $ 4,369 100% $ 2,461 56% $ 3,166 72% $ 1,029 24% Non-Resident flat $ 4,369 100% $ 2,520 58% $ 3,166 72% $ 1,366 31% Base Charge-Basic Life Support Powa Resident flat $ 4,369 100% $ 1,464 34% $ 2,228 51% $ 866 20% Non-Resident flat $ 4,369 100% $ 1,512 35% $ 2,228 51% $ 1,196 27% Treatment and Release flat $ 2,550 100% $ 153 6% $ 172 7% $ 150 6% 2 ADD-ON CHARGES Per-Mile Char e per mile $ 39 $ 48 $ 16 Oxygen flat $ 123 $ 127 $ 66 Medications flat Cost pl us 50% Cost pl us 50% Cost plus 50% Su lies flat $ 69 $ 69 $ 49 EKG flat $ 39 $ 68 $ 46 Night Char e (7pm to 7am) flat $ 75 $ 155 $ 50 CPR Non-Trans flat -·-----·-· __ $ ___ , ...... 957 ---····· ... $ 2,100 $ 100 Extra Attendant flat $ 102 $ 140 $ 50 Using this approach to establish recommended fees for the Council's consideration, the annual estimated billings for each policy option are illustrated in Table 11. Billed Collected Net Col I ected Revenue Increase TABLE 11. BILLED VS COLLECTED Estimated Annual Billings per Policy Option Average Annual Billings at Current Recovery Fee Levels 100% Full Cost Fees Regional Fee levels Regional Fee Levels -Average -66th Percentile $ 2,731,204 $ 9,754,207 $ 5,206,073 $ 6,771,947 $ 1,184,550 $ 4,169,923 $ 2,225,596 $ 2,895,007 $ 2,985,373 $ 1,041,046 $ 1,710,457 At current billing activity levels, the City could increase annual billing amounts from approximately $2.7 million at current fees, to up to $9.8 million at full cost recovery fee amounts. Once the collections rate of 43% is applied, the net increase in revenue collected ranges from an estimated $1 million to $3 million, ONBS-23 of 29 CITY OF POWAY Ambulance Rates Study 19 February 15, 2022, Item #14depending on the policy option chosen. However, as discussed further in Section 3.3.2, predicting the amount to which any adopted fee increases will affect City revenues is difficult to quantify. 3.3.2 PAYER MIX Understanding the City's payer mix is an important consideration when setting final fee amounts because most bills for ambulance services do not result in full payment. For example, as discussed throughout this report, CMS sets limits, or "caps", for how much a provider can be reimbursed for ambulance services. CMS, however, does not regulate how much can be charged to private paying patients or commercial insurance companies. Individuals may have issues with their ability to pay the full fee amount, and commercial insurance companies may have their own limits and reimbursement policies. Actual reimbursements are based upon billing the patient for the medical service provided and dependent on whether the recipient of a bill has private or public insurance, or no insurance. There are four basic categories of reimbursements. • Medicare -Primary health care coverage for people over the age of 65 • Medi-Cal -Component of the federal Medicaid program that is provided for qualified individuals and families • Commercial Insurance -Benefits purchased independently, or provided by employers to employees • Private Pay-For those without any form of medical insurance The data in the following tables shows the City's current payer mix based on financial class data and revenues reported by the City's third-party biller, Wittman Enterprises LLC. This information may be useful in understanding the impact on actual reimbursements received after recommended fees are adopted. TABLE 12. PAYER MIX -NUMBER OF TRANSPORTS Number of Percentage of Category Transports Transports Medicare 793 45.06% Medi-Cal 167 9.49% Commercial Insurance 192 10.91% Private Pay 608 34.55% Totals 1,760 100.00°/4 In Table 12, out of a total of 1,760 transports for FY 2019-20, Medicare is the largest category, representing 793 transports and 45.06% of the transports mix. Private Pay is the second largest, and Commercial Insurance and Medi-Cal categories are third and fourth largest. Table 13 shows the City's total revenues received by reimbursement category (payer mix) in FY 2019-20. As shown, Commercial Insurance payers have the highest reimbursement rate, followed by Medi-Cal, Medicare, and Private Pay. ONBS 24 of 29 CITY OF POWAY Ambulance Rates Study 20 February 15, 2022, Item #14TABLE 13. PAYER MIX -TOTAL REVENUE Number of Collection Percentage of Category Revenue Transports Rate Revenue Medicare 793 $ 525 $ 416,685 33.01% Medi-Cal 167 $ 893 $ 149,104 11.81% Commercial Insurance 192 $ 2,832 $ 543,817 43.08% Private Pay 608 $ 251 $ 152,838 12.11% Totals 1,760 $ 1,262,444 It is important to note that increasing ambulance transport fees and add-on charges does not necessarily translate to a total increase in revenues at the reimbursement/payor level. For example, due to the fee limits set by CMS, one should not expect the Collection Rate per transport to increase significantly from what is shown in Table 13. The same is likely true for Medi-Cal and Private Pay. Out of all four payer categories, Commercial Insurance is the most likely to pay the highest reimbursement rate and the most likely to exhibit flexibility in its Collection Rate as compared to the other categories. ONBS-2s of 29 CITY OF POWAY Ambulance Rates Study 21 February 15, 2022, Item #144. CONCLUSION Based on the Cost of Service Analysis, Fee Establishment, and Cost Recovery Evaluation outcomes presented in this Study, the proposed schedule of fees for City Council's consideration has been included in the City's accompanying Staff Report. As discussed throughout this report, the proposed fee schedule intends to improve the City's recovery of costs incurred to provide individual services, as well as to adjust fees downward where fees charged exceed the average costs incurred. Predicting the amount to which any adopted fee increases will affect City revenues is difficult to quantify. For the near-term, the City should not count on increased revenues to meet any specific expenditure plan. Experience with the revised fee amounts should be gained first before revenue projections are revised. However, unless there is some significant, long-term change in activity levels at the City, proposed fee amendments should enhance the City's cost recovery performance, over time, providing it the ability to stretch other resources further for the benefit of the public at large. Disclaimer: In preparing this report and the opinions and recommendations included herein, we relied on several principal assumptions and considerations regarding financial matters, conditions and events that may occur in the future. This information and assumptions, including the City's budgets, time estimate data, and workload information from City staff, were provided by sources we believe to be reliable; however, we did not independently verify such information and assumptions. While we believe our use of such information and assumptions is reasonable for the purpose of this report, some assumptions will invariably not materialize as stated herein and may vary significantly due to unanticipated events and circumstances. Therefore, the actual results can be expected to vary from those projected to the extent that actual future conditions differ from those assumed by us or provided to us by others. ONBS-26 of 29 CITY OF POWAY Ambulance Rates Study 22 February 15, 2022, Item #14RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING AND ESTABLISHING EMERGENCY MEDICAL SERVICES AND AMBULANCE TRANSPORT FEES WITHIN THE FIRE DEPARTMENT SECTION OF THE MASTER FEE SCHEDULE WHEREAS, California Government Code section 66016 et seq. establishes procedures for the adoption of fees for services by local government; WHEREAS, the City of Poway provides emergency medical services and ambulance transport as part of the operation of the fire department to residents and non-residents of Poway; WHEREAS, on May 4, 2010, the City Council adopted Resolution No. 10-017, adopting a Master Schedule of Fees; WHEREAS, a cost study and analysis of the current fee schedule indicates that an increase in the existing fees and establishing certain new fees is warranted; WHEREAS, the proposed fees do not exceed the reasonable costs of providing the services for which the fees are imposed; WHEREAS, the proposed fees will supersede any previously established fee for the City emergency medical services and ambulance transport; and WHEREAS, the City Council of the City of Poway held a duly noticed public hearing on January 18, 2022, allowing for the public to comment on the establishment of said fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The City Council finds that this amendment to the Master Fee Schedule is exempt from the requirements of CEQA pursuant to CEQA guidelines Section 15273 (a) (1 ). Section 2: The City's Master Fee Schedule is hereby updated to amend and establish fees for Emergency Medical Services and Ambulance Transport Fees of the Fire Department set forth in Attachment attached hereto this Resolution and are hereby approved and effective March 1, 2022. Section 3: Emergency Medical Services and Ambulance Transport Fees set forth in Attachment A will increase each July by the annual change in the Consumer Price Index (CPI) -All Urban Customers, San Diego-Carlsbad (2021 = 319.761), as published by the United States Bureau of Labor Statics, subject to rounding to the nearest whole dollar commencing July 1, 2022. Section 4: The proposed fees set forth in Exhibit 1 are based on costs incurred by the City in providing services, which the City Council finds to be reasonable. 27 of 29 ATTACHMENT B February 15, 2022, Item #14Resolution No. 22-Page 2 Section 5: The City Manager, Fire Chief or staff designee may authorize a reduction in fees for individuals transported that do not have health insurance and a financial hardship is demonstrated or other extenuating circumstances. The determination of a financial hardship shall be based on 80% of Area Median Income (AMI) as determined for San Diego County published each year by the County of San Diego, Department of Housing and Community Development Services. Section 6: This Resolution shall become effective immediately. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California at a regular meeting this 15th day of February, 2022, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, City Clerk 28 of 29 February 15, 2022, Item #14Exhibit 1 Resolution No. 22-Page 3 Emergency and Medical Services and Ambulance Transport Fees to be Amended and Established in the Fire Department Section of the Master Fee Schedule City of Poway Master Fee Schedule Fire Department Service Description Fee Fees subject to CPI adjustment annually July 1 each year. *Medications updated no less than annually based on costs. Emergency Medical Services and Ambulance Transport Base Charge-Advanced Life Support 1 $4,369 Resident/Non-Resident Base Charge-Advanced Life Support 2 $4,369 Resident/Non-Resident Base Charge-Basic Life Support $4,369 Resident/Non-Resident Treatment and Release $2,550 Resident/Non-Resident IAdd-Ons Per-Mile Charge $ 16 Oxygen $ 66 Medications* Cost Pl us 50% Supplies $ 49 EKG $ 46 Night Charge (7pm to 7am) $ 50 CPR Non-Transport $ 100 Extra Attendant $ 50 29 of 29 February 15, 2022, Item #15DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway February 15, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services fv'\ Austin Silva, Senior Planner A~ 858-668-4658/asilva@poway.org CITY COUNCIL Pre-Development Conference 21-004/22-001; a request for review of a proposal to modify a Conditional Use Permit and Reclamation Plan for the mining site operated by Granite Construction to provide for a Battery Energy Storage System facility and an amendment to the South Poway Specific Plan to allow transmission poles in the Natural Open Space area at 10975 Beeler Canyon Road. Granite Construction is proposing to modify Conditional Use Permit (CUP) 19-009 and its Reclamation Plan to revise future industrial building pad locations (Pads) to provide for a Battery Energy Storage System (BESS) facility at the northerly portion of the mining site and to amend the South Poway Specific Plan (SPSP) to allow transmission poles and lines up to 80-feet tall in the Natural Open Space (Natural 05) area on three parcels at 10975 Beeler Canyon Road designated as Mineral Resource Extraction (MRE) in the SPSP area. The review of Pre-Development Conference (PDC) 21-004/22-001 is advisory only. Two PDC applications are being discussed as one agenda item because they are interrelated. 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: Nighthawk Energy Storage, LLC (BESS Facility) and Eric Matz (property owner representative) are the applicants. There are three parcels associated with this PDC request. The two westerly parcels, Assessor Parcel Numbers (APN) 320-031-06 and 320-031-03 (Clerco Parcels) are owned by Clerco, Inc. The easterly parcel, APN 320-031-04 (Calmat Parcel), is owned by Calmat Co. The three parcels (collectively Mining Site) are located south of Kirkham Way and north of Beeler Canyon Road on 1 of 18 February 15, 2022, Item #15properties designated as MRE in the South Poway Specific Plan (Attachment A). Surrounding land uses include industrial development and open space to the west, industrial development to the north, an apprenticeship training center and open space to the east, and single-family residences and open space in the City of San Diego to the south across Beeler Canyon Road. Aggregate extraction and processing activity was conducted by Padre Transit Mix at the Mining Site starting in 1975 under a permit issued by the County of San Diego prior to the City of Poway's incorporation. Padre Transit Mix was acquired by CalMat Co. in 1989. The City took responsibility of administering the mining extraction permit after incorporation. The original mining operation was located on the central parcel which is in the easterly property of the Clerco Parcels (82.93-acre parcel). In 1986, CalMat purchased the Calmat Parcel (65.92-acre property), which was included in the current CUP for the mining operation. In 1987, Clerco purchased the westerly approximate 17-acre property (APN 320-031-06) of the Clerco Parcels to allow for a private access road from the Mining Site to Kirkham Way. Granite Construction took over operation of the Mining Site in February 2020 with approval of CUP19-009. CUP19-009 was approved administratively as a minor modification to CUP89-05 to memorialize the change in the mine operator. Rather than mining, Granite Construction primarily uses the site to recycle broken concrete and asphalt into useful construction materials. The SPSP, adopted in 1985, identified the mining operation as ongoing and allowed it to continue by renewing the County's permit as a CUP from the City of Poway and approval of a Reclamation Plan. The Reclamation Plan is required by California's Surface Mining and Reclamation Act of 1975 to assure that "adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses." Chapter 16.54.080(8) of the Poway Municipal Code (PMC) also states that the Reclamation Plan and potential use of reclaimed land pursuant to the plan are to be consistent with the General Plan and any applicable specific plans, resource plan, or element. The PMC also requires that reclamation activities begin as early as possible on those portions of the mined lands that will not be subject to further disturbance. Reclamation at this Mining Site may be done on an annual basis, in stages with continuing operations, or upon completion of all excavation, removal, or fill, as approved by the City. Final slopes and grade elevations will be in accordance with the 1991 Reclamation Plan Sheets R-1 through R-5 (Attachment B). The Reclamation Plan indicates that two industrial pads will be constructed totaling approximately 15 acres over the easterly Clerco Parcel and the Calmat Parcel along the south side of Kirkham Way at the northerly portion of the Mining Site (Attachment C). After reclamation of the Mining Site, 154 acres will be redesignated from MRE to Natural OS. A biological conservation easement (BCE) with appropriate signage will also be required over the Natural OS areas. The remaining 15 acres where the industrial pads will be located will be redesignated to Light Industrial (LI). In 2022, Granite Construction expects to commence reclamation activities at the Mining Site by beginning restoration of the Central Reach of Beeler Creek, which includes 894 linear feet that have been impacted by mining activities. Granite Construction has obtained the appropriate permits from the Regional Water Quality Control Board, California Fish and Wildlife, and United States Army Corps of Engineers to move forward with the creek restoration. The applicant is requesting to modify CUP19-009 and the Reclamation Plan to reconfigure the two industrial building pads to be entirely on the Clerco Parcels as conceptually shown in the conceptual industrial pad reconfiguration exhibit (Attachment D). This would require a modification to the CUP and minor modifications to the Reclamation Plan along with a Development Review to be approved by the City Council. This would result in no industrial pad being constructed on the Cal Mat parcel and the CalMat parcel would remain undisturbed. CalMat has indicated that they do not desire to construct a portion of the industrial pad on their property (Attachment E), and this will be reflected in 2 of 18 February 15, 2022, Item #15the CUP. The CUP modification would also allow for use of the industrial pad while mining operations continue on the site. If the reconfiguration of the industrial pads is approved, Clerco, Inc. desires to lease an approximate 10-acre pad to Nighthawk Energy Storage, LLC to construct and operate an approximate 300-megawatt BESS facility. The BESS facility would receive energy (charging) from the SDG&E electric transmission system, store energy on-site, and then deliver energy (discharging) back to the grid during blackouts. A BESS facility operates similarly to a wireless telecommunications facility in that there are no employees on-site and the facility will be maintained routinely. A BESS facility is a permitted use on a LI-designated property with approval of a Development Review application. The BESS facility will consist of lithium-ion batteries installed in containers, power inverters, a collector substation with switchgear and a transformer, a generation transmission line, and transmission poles. The batteries and collector substation will be located on the industrial pad portion of the Mining Site that will be redesignated to LI as shown on the site plan for the BESS facility (Attachment F). The generation tie line will be constructed to transfer power between the BESS facility and the SDG&E Sycamore Canyon Substation to the south in the City of San Diego. The· generation tie line would be supported by steel transmission poles that are anticipated to be between 60 to 80 feet high (Attachment G). The transmission poles are proposed to be located in the future reclaimed areas of the Mining Site that would be redesignated as Natural OS. This conflicts with the provisions of the zone as structures such as transmission poles associated with private facilities are currently not allowed in areas designated as Natural OS. Therefore, an amendment to the SPSP would be required to allow privately-owned transmission poles in the Natural OS designated areas. Currently, on~y structures associated with wireless communication facilities may exceed 45 feet in height in the SPSP area and are not permitted within Natural OS areas. The SPSP amendment would also need to include a request to allow transmission poles and lines supporting a BESS substation to exceed 45 feet in height in the Natural OS areas, and to redesignate the land uses of the Mining Site to Natural OS and LI. Beeler Canyon is identified as an east-west wildlife movement linkage corridor (Biological Core Linkage Area or BCLA) in the Poway Subarea Habitat Conservation Plan (HCP). Beeler Canyon is identified as both a regional and local corridor in the HCP (Figure 2-1 ). The environmental impact report (El R) for the SPSP states that south facing slopes should be preserved for habitat. The transmission poles and lines would also impact hillside ridgeline views. In addition, adopted slope regulations restrict development such as this on steep slopes. Approval would be required by the California Department of Fish & Wildlife with a recommendation from City staff to support the project. View and biological impact studies would also be required. Staff asked if the tie line could instead be undergrounded or tie into the existing transmission lines to the east. The applicant expressed concern of costs that could potentially make the project financially infeasible. The review of PDC 21-004/22-001 is advisory only. The City Council will not render any decision. If the Applicant desires 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 Agreements of Understanding is included as Attachment H. 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. 3 of 18 February 15, 2022, Item #15Fiscal Impact: Construction of new buildings may trigger a reassessment of value ("basis") for property taxes depending on the County of San Diego's Assessor's and Treasurer-Tax Collector's interpretation of land use. If assessable, the reassessment would increase property tax revenues to the City. Based on the information available, the magnitude of the increase cannot be estimated at this time. Public Notification: None. Attachments: A. Zoning and Location Map B. 1991 Reclamation Plan Final Slope and Grade Elevations C. Current Industrial Pad Configuration D. Proposed Conceptual Industrial Pad Reconfiguration E. Notice of Calmat's Election to Not Construct Commercial Pad F. Preliminary BESS Site Plan G. Transmission Pole Drawing and Photograph Example H. Agreements of Understanding Reviewed/ Approved By: J~, L-----Wend~aserman Assistant City Manager 4 of 18 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager February 15, 2022, Item #15OS-1DU 5 of 18 .. --------t Location: -031-03 c}~i 0_~--~~lt-:1 ~ City of Poway I :!---1 ci5 Kirkham WayJ ubject 32 San Diego r -Zoning/ Location Map -~=--Item: PDC21-004/PDC22-001 .. NORTH 012~50 500 P--iFeet ATTACHMENT A February 15, 2022, Item #15TO ~.lr~(r-1O BERNARDO ../' TO SAN DIEGO CALMAT-POWAY RECLAMATION PLAN TO z <( _j a.. <r ID a: 0 ~ ~~ ~01/')<t oxu l-1-: 0 • ffi; GI~ ~5~~ I ~ ~~ •.• "' I w .•-= ;,:r B ,,. z <( ~ "'o ~~~ ~>O 111IAJN .JOI 06.q gmu SrATE ROuTE 67 JL// v_ .. ~ L~=--=-----r OS 3: .J • ~g* BA FUTURE ALIGNMENT TO INTERSTATE 15 --( ~~~rRr,~~AY B INDUSTRIAL PARK 0 LIGHT INDUSTRIAL w ~-i1€,1QU1tiAL As . . .-, ... ..., 6Jlt I MATION . . . . . ' .. · ' .· ... --" . . ,· SIT£ ··M 1(111 LAND USE MAP . SOUTH POWAY-PLANNED COMMUNITY C Figure IOa z 0 ti ~ _J w 0:::: r-z <( _J' a.. -~ I <i)" a. 000: 1--WC> ZILZ wa10 ::EI/') ::E wmw (/).CD ID .J 0:: w -w ~1-· e>::e z ct wz a N l7l <( ~ a,~ a,O cS 0 ,_,.,,d . 1-,: >< 13 405 •1 g.;~ 1-111 l .--,.0_··. ___ . r,: . ' i. ;vulcan-Poway Reclamation Plan -Sheet R-t 1: 19 \D., February 15, 2022, Item #15~-'\~~!!(, ~~>,J~~ r --------I -i ~ ~ ~ ~ I ----··-·--1 ! '-II ~ ~ ~ ~ < • ., \ ' / ! 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BOX 579 POWAY, CA. 92064 February 15, 2022, Item #15/ / ~ < C ~ i' "t1 0 j '< a "11 D> !" N g -g· ~ :E ! I I en [ ~ l.u q a --§ • t POWAY PLANT RECLAN1ATION PLAN EXISTING AND PROPOSED GRADES ' ~A.NT ·.. ~.' . · : CALMAT CO. :.-SS: P,O.BOX 3098 SAN· DIEGO, CALIFORNIA 92103 ENGINEERS NAME: BEMENT OAINWOOO STURGEON 6859 FEDERAL BOULEVARD LEMON GROVE, CA 92045 AGENT . NAME: ROBERT IMLER CALMAT CO. ADDRESS: P.O. BOX 579 POWAY, CA. 92064 February 15, 2022, Item #159 of 18 POWAY PLANT RECLAMATION PLAN FINAL LAND FORM .• ANT . ~ . CALMAT CO. A001'1£SS; P.O. BOX 3098 SAN OIEGO, CALIFORNIA 92103 ENGINEERS NAME: BEMENT DAINWOOD STURGEON 6859 FEDERAL BOULEVARD LEMON GROVE, CA 920'45 IUYIG,,NS: CATE: 'CT/ON S/JIIILS ¥4TE • -:jj AyENT NAME: ROBERT IMLER CALMAT CO. ADDRESS: P.O. BOX 579 P(J,NAY, CA. 92064 February 15, 2022, Item #150) -J Cl) I.D 8 8 g g I I I I I I I I I I \ I \ \ ~ / ~ I ~ I ,, \ ,, ::u ~ i I ::u 0 ~ 0 'Tl ~ \ ~ ? I ~ r I'll I I'll a l I . i 'Tl I "' . 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BOX 579 PON/:tf, CA. 92064 February 15, 2022, Item #15LOCATION OF INDUSTRIAL PADS 11 of 18 ATTACHMENT C February 15, 2022, Item #15L w-r r' -~·• ·~< .,,/ -------"'>:-:-~-<_.) 12 of 18 LOCATION OF FUTURE INDUSTRIAL PADS .. -_-· __ ../ y / / -~~.£/---•~<---~ ATTACHMENT D February 15, 2022, Item #15G ESH S V. GE If C : 13 of 18 ATTACHMENT E February 15, 2022, Item #15z :3 0.. w I-vi > c:: <( z :E ::i w c:: 0.. 14 of 18 ATTACHMENT F February 15, 2022, Item #15-' 15 of 18 ATTACHMENT G February 15, 2022, Item #15AGREEMENT OF UNDERSTANDING City Council for the City of Poway, hereinafter referred to as· City" and ____ C_le_r_c_o_, _ln_c_. _________ , hereinafter referred to as "Proponent" enter into this Agreement of Understanding based upon the following facts: Proponent owns or has an equitable interest in land described by tax Assessor's 320-031-03 Parcel Number(s)-----------. Proponent desires to develop this property in accordance with the will of the City and without the expense of a protracted development. City is concerned that Proponent will create development plans unsatisfactory to City and consume time and effort of City employees needlessly on unsatisfactory development plans unless City assists in directing Proponent. Based upon the above~ mentioned facts, City will grant Proponent a hearing prior to filing any application for development upon the following understanding: a. City will render no decision with regards to any development proposal or part thereof. b. City will receive no evidence, specific in nature1 in support of a particular development plan. c. City will make no representations that will obligate the City to render a decision in favor of or against any development proposal or part thereof Proponent may subsequently submit. d. If any development proposal is subsequently submitted, Proponent will proceed at its sole and ex.elusive risk with the understanding that City has made no representations upon which Proponent may rely. Dated: Proponent: 16 of 18 ATTACHMENT H February 15, 2022, Item #15AGREEMENT OF UNDERSTANDING City Council for the City of Poway, hereinafter referred to as "City" and __ N_ig_h_t_h_aw_k_E_n_e_r_g_y_S_t_o_ra_g_e_,_L_L_C __ , he rei natter referred to as "Proponent" enter into this Agreement of Understanding based upon the following facts: Proponent owns or has an equitable interest in land described by tax Assessor's 320-031-03 Parcel Number(s) ___________ . Proponent desires to develop this property in accordance with the will of the City and without the expense of a protracted development. City is concerned that Proponent will create development plans unsatisfactory to City and consume time and effort of City employees needlessly on unsatisfactory development plans unless City assists in directing Proponent. Based upon the above-mentioned facts, City will grant Proponent a hearing prior to filing any application for development upon the following understanding: a. City will render no decision with regards to any development proposal or part thereof. b. City will receive no evidence, specific in nature, in support of a particular development plan. c. City will make no representations that will obligate the City to render a decision in favor of or against any development proposal or part thereof Proponent may subsequently submit. d. If any development proposal is subsequently submitted, Proponent will proceed at its sole and exclusive risk with the understanding that City has made no representations upon which Proponent may rely. Dated: 12/6/21 Proponent: Signature 17 of 18 February 15, 2022, Item #15001 _Ag reement_of_U nderstand i ng Final Audit Report 2021-12-13 Created: 2021-12-13 By: Jacob Montgomery Umontgomery@arevonenergy.com) Status: Signed Transaction ID: CBJCHBCAABAAa7n8qderBt-vXLuY6WbFaw9b0X4d1 QKz "001 _Agreement_of_U nderstanding" History t:l Document created by Jacob Montgomery Umontgomery@arevonenergy.com) 2021-12-13-6:34:28 PM GMT-IP address: 184.177.8.190 C: Document emailed to Aron Branam (abranam@arevonenergy.com) for signature 2021-12-13 -6:34:54 PM GMT Email viewed by Aron Branam (abranam@arevonenergy.com) 2021-12-13-9:07:21 PM GMT-IP address: 97.124.58.66 0'"0 Document e-signed by Aron Branam (abranam@arevonenergy.com) Signature Date: 2021-12-13-9:07:33 PM GMT-Time Source: server-IP address: 97.124.58.66 ~ Agreement completed. 2021-12-13 - 9:07:33 PM GMT Adobe Sign 18 of 18 February 15, 2022, Item #16DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway February 15, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services~ Scott Nespor, Associate Planner S trtJ 858-668-4656/snespor@poway.org CITY COUNCIL Adobe Ridge, Silver Ridge, and Ted Williams Parkway Groves Workshop In 1993, the City Council approved landscaping several City-owned parcels into citrus-producing groves. The intent was to utilize vacant City property to implement a public landscaping scheme that would match Poway's rural identity and generate revenue. After 25 years following the planting of the first grove, a review of the City's costs associated with these groves shows they are not offset by the revenues generated by their harvest. The purpose of this workshop is to consider potential options to reduce City's costs associated with these groves by adapting the sites for other purposes. Recommended Action: It is recommended that the City Council provide input and direction for the adaptive repurposing of the three citrus groves owned by the City. Discussion: Currently, the City manages three citrus-producing groves (Groves). The properties currently known as the Adobe Ridge Grove (Attachment A), Silver Ridge Grove (Attachment B), and Ted Williams Grove (Attachment C), are comprised of a total of approximately 12 acres of land containing nearly 1,331 trees. Since the inception of the Groves, the City has contra_cted for both grove management and grove maintenance services. Services provided by the contractor include: 1) All equipment, labor, and materials to keep the Groves in a healthy condition weekly; 2) Inspect, maintain, and repair the irrigation weekly; 3) Provide weed control four times a year, and; 4) Provide pruning and tree skirting annually. The Contractor is responsible for applying the appropriate remedy at the recommended amounts by a licensed operator on an as-needed basis for pests. The contractor is to harvest the fruit annually and provide weekly sales receipts per grove of the quantity of fruit harvested. In turn, the City receives fifty percent (50%) of the net proceeds generated from the sale of the citrus products. The most recent contract was awarded to Sage View, Inc. for the period of October 31, 2016 through 1 of 17 February 15, 2022, Item #16June 30, 2018. The contract allowed for extensions in one (1) year increments for a total of three (3) separate one-year extensions. Thus, the maximum length of the contract was for four years and eight months. A four-year average of costs and revenues are shown here: 4-YEAR AVERAGE 4-YEAR AVERAGE MAINTENANCE REVENUE COST $99,817.44 $1,365.75 Note that all three groves have been on a month-to-month management and maintenance contract since July 2021, when the contract expired. The groves use drip emitters or bubblers for the irrigation system that activates seven days a week for two to 2.5 hours for each tree, each day. The annual average for the last five years is 5,639,920 gallons per year. Irrigation is turned off during measurable rainy days to help conserve water. Using the last five years as an average, the estimated current and future cost of water by each of the groves on an annual basis is listed below: Estimated Annual Water Charges Location 2021 2022 2023 2024 2025 Adobe Ridge $3,516 $3,854 $4,176 $4,483 $4,811 Silver Ridge $15,621 $17,083 $18,470 $19,778 $21,173 Ted Williams Parkway $35,589 $38,902 $42,038 $44,993 $48,139 TOTAL $54,726 $59,839 $64,684 $69,254 $74,123 Given the on-going maintenance costs, lack of appreciable revenue, and current drought conditions, the following options are presented for each site: Adobe Ridge The 110-lot Adobe Ridge subdivision was approved by the County on June 23, 1978. Sixteen of these lots are entirely encumbered by a San Diego County Gas and Electric (SDGE) easement. These sixteen lots are on the south side of Adobe Ridge Road west of Pomerado Road (Adobe Ridge was originally named Jamay Drive on the subdivision map). The developer created these lots in the hopes that the easement could be removed so houses could be developed on them. Barratt American, the builder of the homes within Adobe Ridge subdivision, granted title of these 16 parcels to the City when it became apparent that SDGE would not vacate their easement. The final subdivision map is included as Attachment D. The lots were granted to the City and Barrett American's payment of park land dedication fees was returned to them. On November 15, 1994, the City Council approved Conditional Use Permit 94-16 for the Adobe Ridge Neighborhood Minipark. The amenities for the minipark covered 1.5 acres of the 3.4-acre park site. A citrus grove was envisioned for the remaining acreage. Four years later, a 103-tree Eureka Lemon grove was planted on approximately one acre west of the minipark consisting of five of the 16 lots. An aerial image showing the Adobe Ridge grove from the City's Geographic Information System (GIS) is included as Attachment E. The following options for readapting the Adobe Ridge Eureka Lemon Grove site may be considered. As noted in the fiscal impact section at the end of the report, depending upon City Council direction on which option/s they would like to pursue, additional staff work will be needed to identify costs and funding. 2 of 17 February 15, 2022, Item #16Any reuse of the properties would need to conform with underlying zoning and approval of SDGE. Re-landscape: Re-landscaping would lead to a significant reduction of maintenance and water costs associated with this grove. Removing all of the trees and re-landscaping with a native plant seed mix would result in a one-time cost of approximately $29,980. Stump grinding to remove the stumps at Adobe Ridge would result in an additional cost of $4,000. The City anticipates that a native seed mix would not require the need for permanent irrigation/watering. A variation of the re-landscaping option would keep a row of trees along the public right-of-way of each site to provide a tree canopy and visual interest along the property's street-facing boundary. Transfer Ownership or Lease Property: The City could evaluate transferring or leasing the site with the existing grove to another entity so there is no longer a maintenance obligation for the City. Any reuse of the property would need to conform with underlying zoning and open space requirements. Expand Adobe Ridge Neighborhood Minipark: Removing the trees and adding amenities to the Adobe Ridge Neighborhood would remove the need for the grove management and grove maintenance contractor at this site. The existing minipark consists of playground equipment, a reduced size hardcourt, a picnic table, and a shade structure. Expansion of the minipark may include additional picnic tables, additional turf area, additional hardcourts, play equipment, walking paths, dirt ramps for BMX bicyclists, community gardens, and/or skateboard ramps. Residential Development: Currently, the Adobe Ridge grove is growing on five lots that are zoned Residential Single Family-4 (RS-4). If the SDGE easement was to be vacated, these five lots could be used to construct five single family dwellings. This option would require further research into the current status of the easement and approval from SDGE. As mentioned, in the past SDGE was not willing to remove the easement on these parcels. Status Quo: This option involves maintaining the current condition of the grove, resulting in no projected maintenance or water savings. It entails continued routine maintenance and watering of the grove, without incurring expenses associated with tree removal and re-landscaping. If retained, the grove management and maintenance contract would be re-solicited, resulting in annual grove management and maintenance expenses and $3,500 for water, with annual increases projected due to consumer price index and approved water rates. Projected revenues are not known. Hybrid option: The options above can be combined to achieve the best outcome for the City. Silver Ridge The Silver Ridge Subdivision is split-zoned and was approved with 28 residential lots within the portion of the property zoned Residential Single Family-4 (RS-4). The remaining property is zoned Rural Residential-A (RR-A) and consists of two lots that are designated as Open Space. The tentative map for the Silver Ridge Subdivision was approved by the City Council in 1990 and it was the third map that was brought to the City Council for consideration. The two open space lots consist of a prominent ridgeline with a section that was previously graded and used as a borrow site for nearby 3 of 17 February 15, 2022, Item #16developments. The approved subdivision map is included as Attachment F. A park was initially envisioned within the open space lots. However due to public input, passive open space was approved instead as it was the preference of the residents in the surrounding area. An aerial image showing the Silver Ridge grove from the City's Geographic Information System (GIS) is included as Attachment G. In 1992, the City Council approved a landscape plan to plant the southern open space lot and a small portion of the northern open space lot with a grove containing 548 Lisbon Lemon Trees totaling 5.5 acres. The following options for readapting the Silver Ridge Lisbon Lemon Grove site may be considered. As noted in the fiscal impact section at the end of the report, depending upon City Council direction on which option/s they would like to pursue, additional staff work will be needed to identify costs and funding. 4 of 17 Re-landscape: Re-landscaping would lead to a significant reduction of maintenance and water costs associated with this grove. Removing all of the trees and re-landscaping with a native plant seed mix would result in a one-time cost of approximately $157,200. Stump grinding to remove the stumps at Silver Ridge would result in an additional cost of $26,000. The City anticipates that a native seed mix would not require the need for permanent irrigation/watering. A variation of the re-landscaping option would keep a row of trees along the public right-of-way of each site to provide a tree canopy and visual interest along the property's street-facing boundary. Another variation would be to leave the trees on the northern parcel. Transfer Ownership or Lease Property: The City would evaluate transferring or leasing this site with the existing grove to another entity so that there is no longer a maintenance obligation for the City. Any reuse of the property would need to conform with underlying zoning and open space requirements. Create a Neighborhood Minipark: The service area for a minipark is one-quarter mile and should be located within a confined neighborhood, such as the Silver Ridge neighborhood. A minipark could be designed to serve people within the immediate area. A limited variety of amenities could include a small turf area, playground equipment, picnic tables, barbeques, drinking fountains, community gardens, a shade structure, and possibly a half or reduced size hardcourt. Residential Development: In order to convert this open space lot into residential purposes, the City Council will need to relinquish its open space designation. If the open space is relinquished, the two lots can be developed with a single-family residence development on each lot. Due to the current zoning, no further subdivision of the lots would be allowed. Rezoning of the property to allow a subdivision would be subject to Proposition FF and would require a Citywide vote. Additionally, the Poway Municipal Code requires that an area of open space being relinquished should be exchanged for another property of equal size and quality of open space. Status Quo: This option involves maintaining the current condition of the grove, resulting in no projected maintenance or water savings. It entails continued routine maintenance and watering of the grove, without incurring expenses associated with tree removal and re- February 15, 2022, Item #16landscaping. If retained, the grove management and maintenance contract would be re-solicited, resulting in annual grove management and maintenance expenses and $15,600 for water, with annual increases projected due to consumer price index and approved water rates. Projected revenues are not known. Hybrid option: The options above can be combined to achieve the best outcome for the City. Ted Williams Parkway The cut slopes that were created with the grading for Ted Williams Parkway were planted with 680 Star Ruby Grapefruit trees in 1993, following completion of the roadway. They are located on both the north and south side of Ted Williams Parkway. Due to the steep topography of these slopes, any adaptive reuse of the 5.5-acre grove-site is limited. This grove is adjacent to one of five western entrances into Poway and contribute to a distinctive approach into the City. An aerial image showing the Ted Williams grove from the City's Geographic Information System (GIS) is included as Attachment H. Re-landscape: Re-landscaping would lead to a significant reduction of maintenance and water costs associated with this grove. Removing all of the trees and re-landscaping with a native plant seed mix would result in a one-time cost of approximately $156,920. Stump grinding to remove the stumps at Ted Williams is not possible due to the steepness of the slopes. The City anticipates that a native seed mix would not require the need for permanent irrigation/watering. A variation of the re-landscaping option would keep a row of trees along the public right-of-way of each site to provide a tree canopy and visual interest along the property's street-facing boundary. Status Quo: This option involves maintaining the current condition of the grove, resulting in no projected maintenance or water savings. It entails continued routine maintenance and watering of the grove, without incurring expenses associated with tree removal and re-landscaping. If retained, the groves management and maintenance contract would be re-solicited, resulting in annual grove management and maintenance expenses and $35,600 for water, with annual increases projected due to consumer price index and approved water rates. Projected revenues are not known. A table outlining the costs of removing the trees and hydroseeding for the tree sites is attached as Attachment I. Environmental Review: Because no action will be taken, this item is not a "Project" pursuant to the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review. Fiscal Impact: During Fiscal Year 2020-21 the groves cost the City approximately $155,000 while producing approximately $1,400 in revenue. Staff anticipates the annual cost will continue to grow as contract pricing and water continue to increase. 5 of 17 February 15, 2022, Item #16As shown in the table below, staff can only estimate the cost of re-landscaping the groves as each of the other options would require further analysis. Option Grove Area Residential Re-Landscape Mini-Park Transfer/Lease Hybrid Adobe Ridge $ TBD $33,980 $ TBD $ TBD $ TBD Silver Ridge $ TBD 183,200 $ TBD $ TBD $ TBD Ted Williams N/A 156,920 N/A N/A N/A Total $374,100 Staff estimates the one-time cost of re-landscaping the groves to be approximately $374,000. Based on the current annual cost to the City of $155,000, the payback of this option is 2.4 years. Should the City maintain the status quo, the annual cost to the City will continue to grow. If Council elects to pursue one of the other options, staff would return to Council with cost estimates applicable to that option. Public Notification: A notification of this workshop item was mailed to property owners within 500-feet of the boundaries of the grove properties. Attachments: A. Adobe Ridge Grove Location/Zoning Map B. Silver Ridge Grove Location/Zoning Map C. Ted Williams Location/Zoning Map D. Adobe Ridge Subdivision Map E. GIS Exhibit of Adobe Ridge F. Silver Ridge Subdivision Map G. GIS Exhibit of Silver Ridge H. GIS Exhibit of Ted Williams Parkway I. Tree Removal and Hydroseeding Costs by Site Reviewed/ Approved By: Wendaserman Assistant City Manager 6 of 17 Reviewed By: Alan Fenstermacher City Attorney Approved By: ell~ City Manager February 15, 2022, Item #160 110 220 --440 Feet ---7 of 17 CITY OF POWAY Zoning I Location Map Item: Workshop on Citrus Groves Adobe Ridge ATTACHMENT A February 15, 2022, Item #160 170 340 --680 Feet ---8 of 17 RR-A OS-R ject Location: .. idge Road CITY OF POWAY Zoning/ Location Map Item: Workshop on Citrus Groves Silver Ridge ATTACHMENT B February 15, 2022, Item #160 200 400 --800 Feet ---9 of 17 CITY OF POWAY Zoning / Location Map Item: Workshop on Citrus Groves Ted Williams Pkwy ATTACHMENT C February 15, 2022, Item #16--..... ,. ... ~-. -' MAP NO. 9255 0 I ' ., ~ COUNTY OF SAN DIEGO TRACT 3503 · 1 -..J I I' ~- .. _ SHEET 4 OF 5 SHEETS ~;~::::>~·-'.<' l ;I:.q _,.,.:· ,,_. . /41tl ALE: ,•.5a· )> --f --f )> n :c V) ~ t-m Lal z UI --f :t C U'I bJ &Al WI ,r:>,).RTION Lot ii. rl<'ACT ·..-f, POVVA\"' /V':/':d? ,53(,;, / SUOOiv'l!.~Ol.J ,~ "tzo~li:o ,_ . •-'-. -...c:.qrb<J ~•" ·;~>-:_·,t-$'->•::·, _.,,F,: _·,_··; ,,,,·, ,S•.v Ui-, ~ .,</)~-;;,, /_.g,, I • .••.•• ,;,. t,.;, ()' • I..,~ J -/ .P,1 ,/' I ~., ,.-• ,.:; 5 / ..t?..P<-4-~# 9//"' ~~ \ e"t~TIIJ4 IDIO ~"'r · \ i; \ ~n;o 'lt:>&DIJMn/ OF .~~ • \ 6AfJ o,e.:,o "5:'l F/,,.7&·~. ·t~ --~•·. lt■-:dtO&•JijW JI,_ :;;: /9{,~ ~ ~CJ ~""' L(JT /.3, TFAC.T 52 ,~_r,,? ~ "'\" .... . ., .... 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(:Vf f{_ A rortT!O-.J C•F LOf o14•oc.r.J·C.ATEt)Llf.,ZE.oN £:t!::: i ·"t:rr::--<;::.: T -'1:-., /-(._'l;,.f("';u '•~-'~.?";. ~ I>. 1/ ,!~ ~;;,. :{Y __ ./ ~'~ . - ; I/ ' -~-'-1; .:;t.,. // v,).K;l.:::--./ ~· i t·-0 Jt c._,r . /I ,~ /(J'1u ----. .,1gl:", / Iv 'l J.~! J " !____!/ dJ f, ' oo', . ..,R· ,f/,, DETAIL'A$; '!r .:J / ,"'-,; V ti ' j ~ f!l'~• •. / I I ( 0 0 "-. -. ..,<..,_v I --AU. I . ;; JJ / SEE s~i;1cr 4 'f , ClftADIG PUH L-_85_93 __ _ CALF CX>aO.NO r~-.4-17~(x) COU~TY TM 3503-1 February 15, 2022, Item #16GIS Exhibit of Adobe Ridge 12 of 17 ATTACHMENT E February 15, 2022, Item #16...a. w 0 .... ...a. -.J )> -I -I )> n :I: s: m z -I "T1 MAP NO lt:'i, 4 61"-=l=c==-C 60 l20 l__$O "'~'!tr·,/ ST/.\ TE ClF Cfj_ 8,o'R 8 9 -0 3 SHEET 3 .o, ' " ' s, I, ./ .. N I A "" ' ·\ ' ./ ' ( ,V, . >' 1 -:· • · ~;,-J, LA f1•\ 1 . . SCALE IN fEf.T CITY f U:..) SEE SHEET N0.4 ?7 ·;?(; OF COUNTY POWAY C.)F' SAN TRACT DIEGO, OF 4 SHEETS ~ ~ -J'j Jet, \ 'ii-, .. I 'or\,' 6 i) (X Ur-II / N0. 7 "-----," "' , "'-·" ~ J70 1 0 -,P<'k~ --.. .· CO ~ \ S. • -· •· EASES • • . i1 ' . .. ' . "'" .. 0 \i" • ' r .,, t\} G) c,,.,;,/Tt!},I'""'' ~~--z-:-li'i ,, · . ..-~-, 1 ··· ···-(ii)m:0,~----"'" ·'""' ~ j ' ,\ . · '' "' -Hm~·' W•M<N> .. t * ,, t1 ;,1 1 / "'''"'@/. . "'=''° r··------J 1·-~,,_J <( _(\] ,; s . . .. 7""--' . ' t'./~ ~~~~~f<E'..fJ:ir._l !-?o;:;~,::-:-1-- > ci I'] • .. I ~,,;C"'• .• , <( Z o ~-,m~·-. , :,, . .:::.. -'Ii' 0 '-, 0~ 8 Ct. <( _ · , 30 ,r O I ,-· 1 ,,. u, 2' -· o/f;,/:f °"'"' ' 0 ' R>< ,PE 'P jlEREON ~ -~ Pvnm,}••"'' •1:: _ > O .,.---\!_! ["-ll A"'!Jll'O~•,, 5 .!"Yi'." ~,,_r,,_ ,; ; : '" " I?~ "' ~ ll.,~!-' ~1~; ,, 20 • ~ • 1 ,, og•~o·o2·, .i . ,, , ·a , ,,. ,, , 2 r----- ~· &' • . 8 !:I '°' lli --".f . ,._ . Silver Ridge i%i.i l ~ 3 "' ., ' T 1 I South Parcel 81 ' r,•¾°'~~-">" _/'rf~-·"'"'/j,[Jo). 3,. "'\~ ifF. •~ H.LQ. -·-· ·-• ~~ ii~'f "' N:)£ff,;,>KJ/ 1.J u,;,{~}_s· k -~() -~¥ .,f'<' lO --}.7.M,f Pr;g:.1,-/ : /.,_r,:P/vo ,2 9 ~ Prepared )n the office of Church Engineering, Inc. con:;;ul ting Erig ineer-u Pl onners 225 SROADWA.Y f700 SAN DIEGO, CA 921C1 s:;4c1 13 Surveyors (619} 237·•0722 $KG FAXf {619} 237-0757 G', !(: 3t.: P/"'F~!-: P<..1V/AY °4'A'17,'/C,fT4' i!l,r Ca,,,,,Ac<tt:T/b# Ci) c() ·~ I'· ~ -0 ---z 31., (D 1 ~---.-~ ~ 1 (/) i "1-:i ! ----~~-l<c'l_. --~-~:~~-LL. <( 2:: F.t;JECTEO CN'ER OF0'-7'0/C/IT/ON c,p LOTIO ·--AND LOT// 1'NESERi1ED FOl?FLJTURE S7Rf-:-ET" O!✓ Milf'NO,G058 /fl/S//:JIVBEEN/iCCEf'lED 8)' 1/CT/()N 01" 7'/fE Cll'Y OF FO/W/)·' 0/✓ _,!Jli. '( -~S-';?l.~1=99=?. __ _ _ N_OTE::. SEE Sf!L"ET ND. 2 /'OR 81/S/S Or 8EARING!3, J'ROCEOUIIE Of'SUP.VEY //NO /.EG!."NO DATA O[l.l A/OEMUNG llAlllllS LEN. /Ol5T. :rn· oo· 0(1" 20 .00 3l.412 3~ ... 4!!' :36'' 4lL OO 30 .00 1e 4s•3o~ i 4!l .OO 64. 30 j/9 03' 02-48 ,OG ~ I\ .2£3 ... ,2• 20' 33" 90 .OG GG,5j 01• !57' 06~ 470 .00 l6 .Ol o·:·)1 • :,2" I j5!'j_ oG {?.32 I T,\NG[NT 20 .00 ~5 . 51 ~➔B ,()2""~- 7 .20 '.3~.B6 8 .0l 1.Hi 2G~34•s2~ I ~55.oo I 71_91 3G.f)1 l·-~--1 38'40'5:;" I ,1800 32.41 16.$4 6,1•04·33• 48, 00 53.68 ,Jo. 04 222· 20' ~13 ~ 48 .00 186.27 -·123.94 "' sg• 5H' 02Mri lll.00 11•31'!:i7" ?.!:JO.CC 50.32 25.25 2•· ss•o<r• 24~.oo '15. ZG February 15, 2022, Item #16-' .i:i,. 0 ...... -' -.J 6~E,=I=E;o 60 120 1qo t:O CT) -,:;r ~ c5 z il. <( 2: ~ j'--, t:O d Sr.t:.\.E IN Ft.El t:O ti~ j'--. -"' _, -~ 28 CITY OF ~OWAY TRACT COUNTY OF ~~AN DIEGO, STATE~ OF ~?. CJTY OF POWAY TRACT NO, -4185 J'v!J-\P NO, 11?95 NB9°s1' a11·w ;_:•,20a.1G' e::>?.19' 29 $.770 ACRE5 DED/CliTED lfE(?EON rOl? Of'EN SPACE FURfV9ES. Silver Ridge North Parcel z § -r-,.., -----···· ~-¥/, :,;---~~==err'suNs~!.'.'!.S~Hi_'._~_s):±co-4;::::- I N B9'05'1!'W 149 35 ~'/..:z:t.O'< I ~7 VIEW ROAD 1:~-. "' 'o/,'<?-or-',f,.oo l18.ll'05'1G'W 2'3.0l ~i ..... , ~-a~. 'I°{!( .<>,;,r, STREErLtM/T.$ ~ oo. 10 u <C E .{;9 ; >-::( ~ t -ti----·-- l.1., ~t I 27 N ag• 05· 11 ·w /✓72"4o' 14't:C0) __ 11 09• os· u ·w ?f5 !;i .~.~ ~ :n ... ., 12 '.'.! ~ 11 ',;:~~ta--:;!i •t12''.0~ .-)(.t : o \ U!P._:.;-;' N&9"~02'W\ (ff!.C) 01 7#F _______ -Ji)lil ---,~ . . z : ~:, j ~I~ o, " \t,) ~J l;ltJ ::; _rg 1R ,..__ ~ QL 130.00 rns.oo lC MA~ NU ll\/!:>4 NO , 89-0 3sHEET 4 OF 4 SHEETS CAUFOl~NIA .i"--, ', j'-, "··-'"'-, :sl>, <.Cl t:0 ' ' I::::: (.Q ',, C) . -···----~- Lt f?1 ~2 . ----~-FR- <L. g dC\l --1,e::., (.0.-·-· §§~- I.I -=i LI.._., ,<SN<f'--· w :::, z w > <! (/) 0 > ::::::i 0 .'X)' I 3:1' I (/) 0 _j f!OTE: 0 lO ,~ ~~j I -- SEE Sf/EE T NO.!. FOR NIS/5 Of' 8Elifi'ING9, fi'?OCEDilfi'E iilJ/?Vfl' /1..\r) t.EGbVD. DATA f···"" ! DEL T A/BEAIUNG 11AD11JS I L~"'·;·~~~~:r:. I TANGENT Ii 02° St;' 44•r:: 10· 5;,:· 54" 105.0G 2H .44 1 •~. "JG 05• 32' ,1:1 ~ :1~j'_j. oc, 15.01) 7 .51 N 0" Oi '5B"E fi(). t.17 90• (JO' 00" 2-:i. 00 31. 42 2c,.oo c· !;1 ·32· 1!:i!'j.OO 2.32 1.H3 215• 34 · !:ic~ ~ :)5. 00 7l .91 :J6.6! N 56° lit\' 12"W l7.B3 24•00•42• 15:).00 64.Hb 3~~. DG 155. 00 70.00 35.61 _Q_ >-}-- r ~:~r.;. ln\ ·:,< •8~-r-i\ , '1 1is==-~~Jf°"&H~EET l t -?~ 'CJ ~ Pr-epared in the office of C~1urch Engineering, Inc. Con~rnltir1g CnginctH'!j Pltmner!i 2:'.I~ Bf'lOl..01-iAY f7("J0 SAN DIEGO, CA 9210l Siwveyors ((;1!!) ?.37-072.:! SEE SHEET NO 3 1:e ce-A>r1nc;1rc O/' c"-"•cvo-v FAXf (€S2) 237-·0nn February 15, 2022, Item #16GIS Exhibit of Silver Ridge 15 of 17 ATTACHMENT G February 15, 2022, Item #16GIS Exhibit of Ted Williams Parkway 16 of 17 ATTACHMENT H February 15, 2022, Item #16...a. -...i 0 ..., ...a. -...i ~ --t )> n :::c ~ m z --t Location All three locations Adobe Ridge Silver Ridge Ted Williams Adobe Ridge Silver Ridge Ted Williams Adobe Ridge Silver Ridge Ted Williams Tree Removal and Hydroseeding Costs By Site Scope Cost Tree Removal Only (hauling and removal of debris) $271,200 Tree Removal Only (hauling and removal of debris) $24,480 Tree Removal Only (hauling and removal of debris) $133,200 Tree Removal Only (hauling and removal of debris) difficult access, heavy slope $122,420 Tree and stump removal $28,560 Tree and stump removal -additional time needed for difficult access for stump grinder $159,850 No stump removal option, too steep for equipment and not reccommended for erosion control N/A Hydroseeding $5,500 Hydroseeding $24,000 Hyd roseed i ng $34,500