Agenda packet — Poway City Council, February 15, 2022 (part 1 of 2)

AG EN DA Poway City Council
Council Chamber I 13325 Civic Center Drive I Poway , CA I 92064 February 15, 2022 I 7 p.m .

Thank you for participating in your local government and the City of Poway Council meetings.

Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m.

Meetings I Regular City Council meetings are held in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064, the Council Chamber will be open to the public.

Public participation is encouraged in a number of ways as described below. Members of the public may attend the City Council meeting in person, watch the City Council meeting live online, or participate remotely via Zoom. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website.

IN-PERSON SPEAKERS: Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes.

To Watch Live:
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To Speak and Participate Remotely:

Go to: www.poway.org/meeting and join using
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If your electronic device has no microphone or
speakers:

Call: (877) 853 - 5247
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PLEASE NOTE: If you wish to participate, please
also read the Speakers section for detailed
instructions as it has changed.

REMOTE SPEAKERS: If viewing online or calling in via telephone, it is highly recommended to log in to the waiting room at least 15 to 30 minutes prior to the commencement of the meeting. Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. If you wish to Steve Vaus
Mayor
John Mullin
Deputy Mayor
Dave Grosch
Council member
Caylin Frank
Council member
Barry Leonard
Council member
speak and are joining the meeting online, please let the City Clerk know prior to the meeting or the announcement of the item by raising your hand digitally or by submitting a chat. If you are not using your computer's audio, please remember to enter your Participant ID on your computer screen when prompted on the phone. If you choose to call in without logging in on line and you wish to speak on an item, you may press *9 when the Mayor asks for speakers at the time that the item you wish to speak on is being considered. You may speak up to three (3) minutes. The Mayor may reduce this time if there are a large number of speakers. PLEASE NOTE: Comments submitted via email will be accepted until 3:00 p.m. of the meeting date and distributed to the City Council as well as be made available online after the meeting.

Technical Support I For more information on how to connect, visit www.poway .org/meetinghelp .

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 includ ed on the agenda. You may speak up to thre e (3) minute s.

Speakers have one opportunity to address the Council under Public Comment.

CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion.
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
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February 15, 2022, Item #2
AGENDA 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 [email protected]

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 8
February 15, 2022, Item #2

ATTACHMENT A
NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting.

CITY OF POWAY

CITY COUNCIL REGULAR MEETING

MINUTES
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.
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February 15, 2022, Item #2
City 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.
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City 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 8
February 15, 2022, Item #2
City 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.
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City 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.
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February 15, 2022, Item #2
City
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.
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February 15, 2022, Item #2
City 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 #3
DATE:

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 [email protected]
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 #3
resolution 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 #3
RESOLUTION 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 #3
Resolution
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 #3

PROCLAMATION
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
peri
l 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 #4
DATE:

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 [email protected]

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 #4
Fiscal
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 #4
City 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 #4

5. Confidential Relationship.

City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services.

The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

6. Office Space and Clerical Support.

Consultant shall provide its own office space and clerical support at its sole 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 #4
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

20. Governing Law, Forum Selection and Attorneys' Fees.

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration.

Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.

21. Gender.

Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.

22. Counterparts.

This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.

23. Entire Agreement.

This Agreement shall constitute the entire understanding between Consultant 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 #4
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
7 9 of54
February 15, 2022, Item #4
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY
By:----------
Chris Hazeltine, City Manager
Date: ___________ _
ATTEST:

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:

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.

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 #4
Attachment 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 #4
Proposal 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 #4
Proposal
I Scope
of
Services
Coord
ina
tion
and Qua
lity
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.

Mate
rials
Testing
and
Field Ins
pectio
n
Ninyo
&
Moore's
materials
testing
and
field
inspection
serv
ices
may
in
clude: •
Field
density
testing
of
earthwork
, subgrade
preparation
, and
paving
operations
.

Pa
veme
nt
Reha
bili
tat
ion
•
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.

Sp
ecialty
Ins
pection
Service
s
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
inspect
ion
reports
.

Geo
phy
sic
al S
ervices
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 #4
Proposal
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
Serv
ices
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
perform
ing
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
comp
liance,
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 #4
Proposal 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 #4
Attachment 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 #4
Proposal 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 #4
Proposal 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 #4
Proposal 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 #4
Proposal 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 #4
Proposal 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 #4
Proposal
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
, 24
in,
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
Cond
itions)
Fraste
Mole
Mini-Mole
Beaver
Tripod
MultiDrill
Hollow
Stem
Solid
Flight
Solid
Flight
LAR
LAR
LAR
LAR
W
: 40in
W:
54 in
W
:36in
H:96in
H:
73in
H:
79in
Room
to
Wa
lk
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
On
ly)
90001bs
50 February 15, 2022, Item #4
Proposal 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 #4
Proposal 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 #4
Proposal 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 #4
Proposal I Fee Proposal
AJ!f~ ,
December, 09, 2021
Ms. Cherrie Bowman
Ninyo & Moore, Inc.
5710 Ruffin Road
San Diego, CA 92123
[email protected]
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
[email protected]
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 #4
EXHIBIT "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.

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 #4
Cal
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 #4
City
of
Poway

STANDARD

AGREEMENT
FOR

SERVICES
This
Agreement,
entered
into
this
21 st
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 #4

5. Confidential
Relationship.

City
may
from
time
to
time
communicate
to
Consultant
certain
information
to
enable
Consultant
to
effectively
perform
the
services.

Consultant
shall
treat
all
such
information
as
confidential,
whether
or
not
so
identified,
and
shall
not
disclose
any
part
thereof
without
the
prior
written
consent
of
the
City.

Consultant
shall
limit
the
use
and
circulation
of
such
information,
even
within
its
own
organization,
to
the
extent
necessary
to
perform
the
services.

The
foregoing
obligation
of
this
Paragraph
5,
however,
shall
not
apply
to
any
part
of
the
information
that
(i)
has
been
disclosed
in
publicly
available
sources
of
information;
(ii)
is,
through
no
fault
of
Consultant
, hereafter
disclosed
in
publicly
available
sources
of
information;
(iii)
is
now
in
the
possession
of
Consultant
without
any
obligation
of
confidentiality;
or
(iv)
has
been
or
is
hereafter
rightfully
disclosed
to
Consultant
by
a
third
party,
but
only
to
the
extent
that
the
use
or
disclosure
thereof
has
been
or
is
rightfully
authorized
by
that
third
party.

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.

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.

Robert J. Manis, Director of Development Services

10. No Assignments.

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.

13. Licenses, Permits, Etc.

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 #4
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

20. Governing Law, Forum Selection and Attorneys' Fees.

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.

23. Entire Agreement.

24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.

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 #4
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY
By:----------
Chris Hazeltine, City Manager
Date: ------------
ATTEST:

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 #4
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.

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.

C. Term of 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 #4
following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) 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 #4
Attachment 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 #4

7. 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 #4

7. 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 #4

7. 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 #4

7. 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 #4
Attachment
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
Powa
y
As-N
eecled
Ge
oteclm
ica/
Services.

RFP #
22-
01 8
48 of
54 49
February 15, 2022, Item #4
J~\ 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
$300.00/day $ 78
.00/hour
Cost
plus
15%
Cost
plus
15%
50 February 15, 2022, Item #4

10. 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
Asphal
t Repairs
-Base
Pave
(each)
··
Hot-Patch
.Asph
-alt"c:;rind
&
Over
lay
::-up
to
5'x5'
Traffi:
-~ontr~I
Plan~
-~o~
Eng
Stamped
(Each)
Standard
Traffic
Control
(Per
Day)
Major
Traffic
Control
(Pe
rDay)
Flagman
Serv
ice
(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 #4

10. 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
Locat
ing
-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
actua
l 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
trac
ing
and
radar
imaging
technologies,
however.
oo
method
of
underground
utmly
IOcatong
can
ever
guarantee
100%
accuracy
or
completeness
. Variab
les
. including
but
not
limited
lo
age,
condition
orthe
facil
ities
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
prov
ide
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
availab
le
schematics.
plans,
or
as-built
drawines
iPDF
formal);
*Al
least
one
on-site
contact
(name,
lille
, te
lephone/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
Uah
1C 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 #4
EXHIBIT "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 #4
Cal Gov Code§ 7522.56
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
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 #4
Cal
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 #5
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 ,fr\
Tracy Beach, Senior Civil Engineer-rf)
(858) 668-4652 or [email protected]

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 #5
Public
Notification:

None. Attachments: A.

Standard
Agreement
Reviewed/
Approved
By:

Wen
dy
serman
Assistant
City
Manager
2 of
13 Reviewed
By
:

Alan
Fenstermacher
City
Attorney
Ap
~
Chri
az
·
City
Manager
February 15, 2022, Item #5
Poway, 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 "OWNER
11 ) 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 11 as 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 #5

2. 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.

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 #5
Nothing
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
documents
1 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,
CITY
1s
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,
OWNER
1s
Engineer,
any
contractor,
any
subcontractor
1 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
worker
1s
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 #5
may
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
11A
11 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
CITY
1s
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 #5
with
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 #5
If,
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
OWNER
1s
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 #5
satisfactory
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
OWNER
1s
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
OWNER
1s
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 #5

17. 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
engs
ev\lan
d
develop
ment
pr
oiec
s\
20 8\\
i13-00
1 f1!h
rt-
w
terl!ne\~
118-00
1 ~t
ndard
reemen
t doc
(11
.11)
10 of
13 Agreement
-8 of
8 February 15, 2022, Item #5
California
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 #5

CALIFORNIA

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
.lifo
rnla
•.
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 #5
OWNER: 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 #6
c,~,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 [email protected]

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 #6
Environmental Review:

The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that the project involves minor 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 #6

SECTION
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 #6

5. City
agrees
to
pay
and
Contractor
agrees
to
accept
in
full
payment
for
performance
of
this
work
of
improvement
as
described,
the
stipulated
sum
of
$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 #6
performed
under
the
terms
of
the
Contract.

Failure
to
comply
with
these
sections
of
the
Labor
Code
will
subject
the
Contractor
to
penalty
and
forfeiture
provisions
of
the
Labor
Code
§
1813.

12. Contractor
will
comply
with
the
provisions
of
Labor
Code
§
1777
.5
pertaining
to
the
employment
of
apprentices
to
the
extent
applicable
to
this
Contract.

13. Contractor,
by
executing
this
Contract,
hereby
certifies:
"I
am
aware
of
and
will
comply
with
the
Labor
Code
§
3700
by
securing
payment
for
and
maintaining
in
full
force
and
effect
for
the
duration
of
the
contract,
complete
Workers'
Compensation
Insurance,
and
shall
furnish
a
Certificate
of
Insurance
to
the
City
before
execution
of
the
Contract.

The
City,
its
officers,
or
employees,
will
not
be
responsible
for
any
claims
in
law
or
equity
occasioned
by
failure
of
the
Contractor
to
comply
with
this
paragraph."
Contractor
further
agrees
to
require
all
subcontractors
to
carry
Workers'
Compensation
Insurance
as
required
by the
Labor
Code
of
the
State
of
California.

14. Contractor
shall,
concurrent
with
the
execution
of
this
Contract,
furnish
two
bonds
approved
by
the
City,
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price,
to
guarantee
the
faithful
performance
of
the
work
("Performance
Bond"),
and
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price
to
guarantee
payment
of
all
claims
for
labor
and
materials
furnished
("Payment
Bond").

This
Contract
shall
not
become
effective
until such
bonds
are
supplied
to
and
approved
by the
City.

15. a.

Contractor
shall
procure
and
maintain
at
its
own
expense,
until
completion
of
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 #6
6 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 #6

16. a.

Contractor
shall
provide
certificates
of
insurance
with
original
endorsements
to
the
City
as
evidence
of
the
insurance
coverage
required
herein.

Certificates
of
such
insurance
shall
be
filed
with
the
City
on
or
before
commencement
of
performance
of
this
Agreement.

Current
certification
of
insurance
shall
be
kept
on
file
with
the
City
at
all
times
until
completion
of
performance
and
acceptance
by
the
City. b.

Notwithstanding
any
inconsistent
statement
in
any
required
insurance
policies
or
any
subsequent
endorsements
attached
thereto,
the
commercial
general
liability
and
commercial
vehicle
liability
policies
shall
bear
endorsements
whereby
it
is
provided
that
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors
are named
as
additional
insureds.

Additional
insureds
shall
be
entitled
to
the
full
benefit
of
all
insurance
policies
in
the
same
manner
and
to
the
same
extent
as
any
other
insureds
and
there
shall
be
no
limitation
to
the
benefits
conferred
upon
them
other
than
policy
limits
to
coverages.
c.

Contractor
shall
require
the
carriers
of
all
required
insurance
policies
to
waive
all
rights
of
subrogation
against
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors.
d.

Each
policy
required
herein
must
be
endorsed
to
provide
that
the
policy
shall
not
be
cancelled
in
coverage
or
limits
(except
by
paid
claims)
unless
the
insurer
has
provided
the
City
with
30 days
prior
written
notice
of
cancellation.

Contractor
agrees
to
provide
the
City
with
30 days
written
notice
prior
to any
non-renewal
or
reduction
in
coverage
or
limits.
e.

All
insurance
policies
required
to
be
provided
by
Contractor
or
any
other
party
must
be
endorsed
to
provide
that
the
policies
shall
apply
on
a
primary
and
noncontributing
basis
in
relation
to
any
insurance
or
self-insurance,
primary
or
excess,
maintained
or
available
to
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors.

17. a.

Contractor
shall
defend,
indemnify
and
hold
harmless
the
City,
its
officers,
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 #6

18. Any
amendments
to
any
of
the
Contract
Documents,
including
but
not
limited
to
Contract
Change
Orders,
must
be
in
writing
executed
by
the
Contractor
and
the
City.

Any
time
an
approval, time
extension,
or
consent
of
the
City
is
required
under
the
Contract
Documents,
such
approval,
extension,
or
consent
must
be
in
writing
in
order
to
be
effective.

19. The
Contract
Documents
contain
all
of
the
agreements
and
understandings
of
the
parties
and
all
previous
understandings,
negotiations,
and
contracts
are
integrated
into
and
superseded
by
this
Contract.

20. In
the
event
that
any
one
or
more
of
the
phrases,
sentences,
clauses,
paragraphs,
or
sections
contained
in
this
Contract
shall
be
declared
invalid
or
unenforceable
by
a
valid
judgment
or
decree
of
a
court
of
competent
jurisdiction,
such
invalidity
or
unenforceability
shall
not
affect
any
of
the
remaining
phrases,
sentences,
clauses,
paragraphs,
or
sections
of
this
Contract
which
are
hereby
declared
as
severable
and
shall
be
interpreted
to
carry
out
the
intent
of
the
parties
hereunder.

21. The
persons
executing
this
Contract
on
behalf
of
the
parties
hereto
warrant
that
they
are
duly
authorized
to
execute
this
Contract
on
behalf
of
said
parties
and
that,
by
so
executing
this
Contract,
the
parties
hereto
are
formally
bound
to
the
provisions
of
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 #6
Such
final
inspection
shall
be
made
within
a
reasonable
time
after
completion
of
the
work.

27. Whenever
Contractor
has
knowledge
that
any
actual
or
potential
labor
dispute
is
delaying
or
threatens
to
delay
the
timely
performance
of
the
Contract,
Contractor
shall
immediately
give
notice
thereof,
including
all
relevant
information
with
respect
thereto,
to
City.

28. Contractor
agrees
to
contact
the
appropriate
regional
notification
center
in
accordance
with
Government
Code
Section
4216.2.

29. Contractor
shall
submit
its
detailed
plan
for
worker
protection
during
the
excavation
of
trenches
required
by
the
scope
of
the
work
in
accordance
with
Labor
Code
Section
6705.

30. a.

Contractor
shall,
without
disturbing
the
condition,
notify
City,
in
writing,
as
9 of
11 soon
as
Contractor,
or
any
of
Contractor's
subcontractors,
agents,
or
employees
have
knowledge
and
reporting
is
possible,
of
the
discovery
of
any
of
the
following
conditions:
i.

The
presence
of
any
material
that
Contractor
believes
is
hazardous
waste,
as
defined
in
Section
25117
of
the
Health
and
Safety
Code:
ii.

Subsurface
or
latent
physical
conditions
at
the
site
differing
from
those
indicated
in
the
specifications:
or
iii.

Unknown
physical
conditions
at
the
site
of
any
unusual
nature,
different
materially
for
those
ordinarily
encountered
and
generally
recognized
as
inherent
in
work
of
the
character
provided
for
in
this
Contract.
b.

Pending
a determination
by
City
of
appropriate
action
to
be
taken,
Contractor
shall
provide
security
measures
(e.g.,
fences)
adequate
to
prevent
the
hazardous
waste
or
physical
conditions
from
causing
bodily
injury
to
any
person.
c.

City
shall
promptly
investigate
the
reported
conditions.

If City,
through
and
in
the
exercise
of
its
sole
discretion,
determines
that
the
conditions
do
materially
differ
or
do
involve
hazardous
waste,
and
will
cause
a
decrease
or
increase
in
Contractor's
cost
of,
or
time
required
for,
performance
of
any
part
of
the
work,
then
City
shall
issue
a
change
order.
d.

In
the
event
of a
dispute
between
City
and
Contractor
as
to
whether
the
conditions
materially
differ,
or
involve
hazardous
waste,
or
cause
a
decrease
or
increase
in
Contractor's
cost
of,
or
time
required
for,
performance
of
any
part
of
the
work,
Contractor
shall
not
be
excused
from
any
scheduled
completion
date,
and
shall
proceed
with
all
work
to
be
performed
under
the
contract.

Contractor
shall
retain
any
and
all
rights
that
pertain
to
the
resolution
of
disputes
and
protests
between
the
parties.
7 February 15, 2022, Item #6

31. This
Contract
is
to
be
governed
by
the
laws
of
the
State
of
California.

32. All
work
shall
be
guaranteed
for
a
period
of
one
(1)
year
from
the
date
of
acceptance
by
the
City.

Contractor
shall
promptly
make
all
needed
repairs
arising
out
of
defective
materials,
workmanship,
and
equipment.

City
is
hereby
authorized
to
make
such
repairs
if within
ten
(10)
days
after
giving
written
notice
to
Contractor,
or
its
agent,
Contractor
should
fail
to
make
or
undertake
with
due
diligence
the
aforesaid
repairs;
provided,
however,
that
in
case
of
an
emergency,
where,
in
the
opinion
of
City,
delay
would
cause
serious
loss
or
damage,
repairs
may
be
made
without
notice
being
sent
to
Contractor,
and
Contractor
shall
pay
the
costs
thereof.
(Remainder
of
page
intentionally
left
blank)
10 of
11 8
February 15, 2022, Item #6
IN

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 #8
DATE:

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 [email protected]
Eric Heidemann
(858) 668-4716 or [email protected]
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 #8
of 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 #8
Fiscal 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 #8

SIDE 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 #8
Side Letter to MOU between City of Poway and Non-Safety Employees

Page 2 ends

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.

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 #9
DATE:

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 [email protected]

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 #9
Attachments:

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 #9

ORDINANCE
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 #9
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
4 of 5
February 15, 2022, Item #9
City 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 #10
1 of 6
DATE:

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 [email protected]

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 #10
Public 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 #10

ATTACHMENT A
ORDINANCE 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 #10
4 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 #10
SECTION 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 #10

1. 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 #11
DATE:

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 [email protected]

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 #11
The 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 #11
Reviewed/
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 #11
RESOLUTION 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 #11
Resolution
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 #11
N
$
0 360
720
- -- -
6 of
10 1,440
Feet
CITY
OF
POWAY
Zoning/
Location
Map
Item:

TTM22-002

ATTACHMENT
B
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--------~--- _ _ 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 #12
DATE:

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 [email protected]

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 #12
Sections

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
(ISb
serman
Assistant
City
Manager
2 of6
Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

Ch
~
City
Manager
February 15, 2022, Item #12

ORDINANCE
NO.

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:

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 #12
Ordinance No. ***

Page 2 ends

Poway City CouncilFebruary 15, 2022

Poway City Council
February 15, 2022