March 1, 2022, Item #2
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
March 1, 2022
Honorable Mayor and Members;~City Council
Scott Post, Interim Fire Chief J a
Scott Post, Interim Fire Chief
(858) 668-4462 or [email protected]
CITY COUNCIL
Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic The Novel Coronavirus (COVID-19) global pandemic continues to cause unprecedented impacts on all economic and social segments of the United States. Federal, state, and county directives, mandates and orders to prevent, control and manage the spread of COVID-19 have, and continue to, impact Poway residents, businesses and visitors. On March 18, 2020, the City Council approved a resolution proclaiming a local emergency. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting.
Recommended Action:
It is recommended that the City Council approve a resolution continuing the Proclamation of Local Emergency authorizing the City Manager to take necessary actions to protect the public and welfare of the City from the serious and imminent threat of COVID-19. This action requires a four-fifths (4/5) vote of the City Council.
Discussion:
The COVID-19 global pandemic continues to impact business, education, healthcare, military, and social segments of the United States. 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 1 of 5
March 1, 2022, Item #2
Council approved to continue the emergency action on January 18, February 1, and February 15. The adopted 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 February 14, 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 that45 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 February 14, 2022, staff has received 80 applications requesting $2,912,165 in loans. Based on staffs 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:
Wendy Kaserman
Assistant City Manager
2 of 5
Reviewed By:
Alan Fenstermacher
City Attorney
March 1, 2022, Item #2
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, February 1 and February 15; 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
March 1, 2022, Item #2
Resolution No. 22-
finds and declares:
SECTION 1: An emergency continues to exist within the City as the result of the Novel Coronavirus (COVID-19) global pandemic; and
(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
4 of 5
March 1, 2022, Item #2
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
peril
to
the
safety
of
persons
and
property
have
arisen
within
the
City
of
Poway,
caused
by
the
Novel
Coronavirus
(COVID-19)
commencing
on
January
24,
2020;
WHEREAS,
that
the
City
Council
of
the
City
of
Poway
is
not
in
session
and
cannot
immediately
be
called
into
session;
and
WHEREAS,
this
Proclamation
of
Local
Emergency
will
be
ratified
by
the
City
Council
within
seven
days
of
being
issued
.
NOW,
THEREFORE,
IT
IS
HEREBY
PROCLAIMED
by
the
Director
of
Emergency
Services
for
the
City
of
Poway,
that
a
local
emergency
now
exists
throughout
the
City
and
that
said
local
emergency
shall
be
deemed
to
continue
to
exist
until
its
termination
is
proclaimed
by
the
City
Council; IT
IS
FURTHER
PROCLAIMED
AND
ORDERED
that
during
the
existence
of
said
local
emergency
the
powers,
functions,
and
duties
of
the
emergency
organization
of
this
City
shall
be
those
prescribed
by
state
law,
ordinances,
and
resolutions
of
this
City,
and
by
the
City
of
Poway
Emergency
Plan;
and
IT
IS
FURTHER
PROCLAIMED
AND
ORDERED
that
a
copy
of
this
Proclamation
of
Local
Emergency
be
forwarded
to
the
State
Director
of
the
Governor's
Office
of
Emergency
Services
with
a
request
that;
1. The
State
Director
find
the
Proclamation
of
Local
Emergency
acceptable
in
accordance
with
provisions
of
the
Natural
Disaster
Assistance
Act;
and
2. The
State
Director
forward
this
Proclamation,
and
request
for
a
State
Proclamation
and
Presidential
Declaration
of
Emergency,
to
the
Governor
of
California
for
consideration
and
action.
PASSED
AND
ADOPTED
by
the
Director
of
Emergency
Services
for
the
City
of
Poway
this
13th
day
of
March
2020
.
Director
of
Emergency
Services
5 ofS
ATTACHMENT
B
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
March 1, 2022
Honorable Mayor and Members of the City Cou~il
Eric Heidemann, Director of Public Works f
Jessica Parks, Utilities Administrator, Public Works~
(858) 668-4703 or [email protected]
CITY COUNCIL
Approval of a First Amendment to the Agreement with JCI Jones Chemicals, Inc. and Hill Brothers Chemical Company for the Purchase of Water Treatment Plant Chemicals, RFB No. 21-023
The City of Poway owns and operates the Lester J. Berglund Water Treatment Plant, where raw water is treated and disinfected utilizing various chemicals in accordance with standards set forth by state and federal regulations and the American Water Works Association. On May 4, 2021, City Council awarded contracts to JCI Jones Chemicals, Inc. UCI Jones) and Hill Brothers Chemical Company (Hill Brothers), in the amount of $63,710.40 and $12,754.16 respectively, for the purchase of required chemicals. Since awarding the contracts, these two chemical vendors sent notices about product shortages and cost increases. Staff recommends approval of the attached amendments to address the cost increases for chemical purchases.
Recommended Action:
It is recommended that the City Council approve the First Amendment to the Contract for the Sale and Purchase of Goods and Materials to JCI Jones Chemicals, Inc. and Hill Brothers Chemical Company and authorize the City Manager to execute the necessary documents.
Discussion:
Chlorine Chemical Purchases: On June 2, 2021, JCI Jones notified the City of a cost increase for chlorine chemicals of $664 per ton (/ton) to $750/ton and then shortly followed up with a letter on June 10, 2021 declaring Force Majeure citing a serious shortage of chlorine nationwide. In August 2020, a fire destroyed a large chemical plant in Louisiana that produced much of the supply of chlorine (approximately 40%) to the nation. Additionally, due to the coronavirus pandemic, an increase in domestic chlorine demand occurred.
As chlorine is an essential chemical in the treatment process of drinking water, the force majeure and chlorine shortage were a concern. Poway, along with other water agencies, submitted an application 1 of 15
March 1, 2022, Item #3
to the United States Environmental Protection Agency (US EPA), Water Security Division pursuant to Section 1441 of the Safe Drinking Water Act, requiring action regarding the chlorine shortage to ensure Poway would receive the chemicals necessary to treat water. A letter from the US EPA was issued on June 30, 2021 to chemical manufacturers and suppliers requesting prioritization to water systems as customers of critical water treatment chemicals. JCI Jones notified Poway that the Force Majeure Declaration was cancelled on September 16, 2021.
While the prioritization of chlorine was given to water agencies that treat water, the cost of chlorine chemicals continued to increase. Poway received several follow up letters fromJCIJones that the price increased in August 2021 to $920/ton; November 2021 to $1, 150/ton; and January 2022 to $1,265/ton.
Staff anticipates that this is not the final amount and that there will be additional increases to chlorine this year.
Aqua Ammonia Chemical Purchases: On November 29, 2021, Hill Brothers notified the City of a cost increase for aqua ammonia due to a shortage of raw materials. The letter did not disclose the amount of the increase, but in a January 2022 email, Hill Brothers stated the increase would be from $0.705 per gallon (!gal) to $1.137 /gal.
As JCI Jones and Hill Brothers were the City's sole bidders and suppliers for these essential chemicals, staff contacted other chemical suppliers throughout California and nearby states for price quotes; however, as the shortage of materials is a nationwide issue, the cost for chlorine and aqua ammonia is either the same or higher in cost from other suppliers. Staff also contacted other water agencies that use these chemicals to treat water and found that they are paying the price increases to ensure deliveries of the chemicals.
The treatment of the City's water is essential, and to avoid any lapse in the delivery of chemicals, staff requests approval of amendments to the J(I Jones and Hill Brothers contract limits. Since we anticipate additional increases in the cost of chlorine and aqua ammonia, staff recommends an increase to the JCI Jones contract from a not-to-exceed limit of $63,710 to a not-to-exceed limit of $100,000, and an increase to the Hill Brothers contract from a not-to-exceed limit of $12,710 to a not to-exceed limit of $20,000.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA) Fiscal Impact:
There is sufficient funding available in the chemicals account (402060-45200) to authorize the amendments to the agreements.
Public Notification:
None.
2 of 15
March 1, 2022, Item #3
Attachments:
A. Letters from JCI Jones and Hill Brothers regarding the increase in chemical costs B. First Amendment to the JCI Jones Chemicals, Inc. Contract C. First Amendment to the Hill Brothers Chemical Company Contract Reviewed/ Approved By:
Assistant City Manager
3 of 15
Reviewed By:
Alan Fenstermacher
City Attorney City Manager
March 1, 2022, Item #3
June
2, 2021
Amelia
Dominguez
City
of
Poway
Public
Works
Department
14467
Lake
Poway
Road
Poway
, CA
92064
Phone:
858-668-4757
E-mail
:
adominguez@poway
.org
Via
E-Mail
Subject:
PRICE
INCREASE
Dea
r Amelia
Dominguez:
Due
to
the
increase
in
cos
t of
raw
materials,
we
find
it
necessary to
increase
yo
ur price
of
Chlorine
Tons
from
its
curren
t price
of
$664.00
I Ton
to
$750
.00
/ Ton
.
New
price
will
be
effective
Ju
ly
1 ,
2021
.
Enclosed
are
supporting
documentation
.
Thank
you
for
your
cooperation
and
understanding
.
We
will
do
everything
in
our
power
to
keep
any
increases
to
a
minimum
.
I would
like
to
thank
you
for
the
continued
partnership
that
exist
between
the
City
of
Poway
and
JCI
Jones
Chemicals
Inc
.
If
you
have
any
questions
or
requ
ire
additional
information
, please
feel
free
to
contact
me
at
your
convenience.
Respectful
~
y~urs,
Cris
Blomg
en
Sales
Coordinator
I Office
Manager
JCI
Jones
Chemicals
Inc
.
Phone:
310-523-1629
, Ext.
26 1
E-mail
:
[email protected]
Enclosures Torrance
Bran
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Blvd.•
Tor
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, CA
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4of
15 ATTACHMENT
A
March 1, 2022, Item #3
June
I 0
th
202
I
Dear
Customer
.
There
have
been
widespread
news
releases
regarding
the
serious
shortage
of
ECU
(Chlorine
/Caustic
Soda)
supply
in
the
United
States.
The
attached
letter
from
our
main
supplier
of
product,
Westlake
Chemical,
is
their
notice
sent
to
us
declaring
Force
Majeure
.
Due
to
their
action,
JCI
has
no
choice
but
to
also
dec1are
Force
Majeure,
effective
immediately.
It
is
confirmed
that
most
other
ECU
producers
have
taken
similar
supply
action.
We
will
continue
to
do
everything
in
our
power
to
secure
supply
of
raw
materials
for
our
customers.
We,
like
you
are
ill-effected
by
this
supply-demand problem
with
the
producers.
Unfortunately,
producer
operations
are
completely
beyond
our
control.
We
appreciate
your
business
and
your
understanding.
Ryan
C.
Jones
President,
Chief
Operating
Officer
JCI
Jones
Chemicals
Inc.
RC
/sm Corporate
Offices•
1765
Ringling
Blvd.
• Sarasota,
Florida
34236
• teleplzone
: 941.330.1537
• fncs1111ile:
941.330.9657
• 800.477.
1078
Branch
Locntious
• Warwick,
NY
• Caledonia,
NY
• Barberton,
OH
• Riverview,
MI
• Merrimack,
NH
• Charlotte,
NC
Jacksonville,
FL
• Beech
Grove,
IN
• Milford,
VA
• Tacoma,
WA
• Torrance,
CA
www.jcichemicals.com
s
of
15 March 1, 2022, Item #3
September
16,
2021
Re:
JCI
Force
Majeure
Declaration
dated
May
11,
2021
JCI
Force
Majeure
Declaration
dated
June
10 2021
Dear
Customer
Due
to
JCI
Jones
Chemicals
Inc.
's
supplier
of
raw
materials
canceling
their
force
majeure
declaration,
effective
immediately
and
in
accordance
with
those
certain
terms
and
conditions
under
which
JCI
Jones
Chemicals
Inc.
sells
Chlorine,
Sodium
Hypochlorite,
Liquid
Caustic
Soda,
and/or Sodium
Bisulfite
manufactured
and
shipped
from
its
various
locations
listed
below,
JCI
Jones
Chemicals
Inc.
hereby
cancels
the above-referenced
force
majeure
declarations.
Sincerely, ~ Ryan
C.
Jones
President
and
Chief
Operations
Officer
JCI
Jones
Chemicals
Inc.
Corporate
Offices•
1765
Ringling
Blvd.•
Sarasota,
Florida
34236
• telephone:
941.330.1537
• facsimile:
941
.330.9657
• 800
.477.1078
Bm11cli
Lorntio11s
• Warwick,
NY
• Caledonia,
NY
• Barberton,
OH•
Riverview,
MI
• Merrimack,
NH•
Charlotte, NC
Jacksonville,
FL•
Beech
Grove,
IN•
Milford,
VA•
Tacoma,
WA•
Torrance,
CA
www.jcichemicals.com
6 of
15 March 1, 2022, Item #3
August 24, 202 l
City of Poway
PO Box 789
Poway, CA 9207 4
Dear Customer:
PLEASE SIGN AND RETURN BY 8/27/21
TO A VOID POSSIBLE SHIPMENT DELAYS
Raw material cost increases were recently issued by the Producers of chlorine and sodium hydroxide (caustic soda). These materials are also used to manufacture sodium hypochlorite (bleach) and sodium bisulfite. It is necessary for us to pass those increases on to our customers.
Effective September is• 2021 your chlorine price must increase from $750.00 per ton to $920.00 per ton. All other terms & conditions will remain the same.
Please know that while we do everything in our power to keep increases to a minimum, we have no control over Producer operations or raw material cost increases.
Please also note that supply remains tight-we will do our best to maintain service of your full requirements.
Thank you for your cooperation and understanding.
Sincerely,
JC/ Jones Chemicals, Inc
JCJ Jones Chemicals, Inc
1765 Ringling Blvd
Sarasota, FL 34236
Please sign below and return via email to [email protected] or return via fax to (310) 523-2944.
Date: 'd -Z, r -2-I ·
March 1, 2022, Item #3
November 1, 2021
City of Poway
PO Box 789
Poway, CA 9207 4
Dear Customer:
PLEASE SIGN AND RETURN BY 11/12/21
TO A VOID POSSIBLE SHIPMENT DELAYS
Raw material cost increases were recently issued by the Producers of chlorine and sodium hydroxide ( caustic soda). These materials are also used to manufacture sodium hypochlorite (bleach) and sodium bisulfite. It is necessary for us to pass those increases on to our customers.
Effective November 15th 2021 your chlorine price must increase to $1,150.00 per ton. All other terms & conditions will remain the same.
Please know that while we do everything in our power to keep increases to a minimum, we have no control over Producer operations or raw material cost increases.
Please also note that supply remains tight-we will do our best to maintain service of your full requirements.
Thank you for your cooperation and understanding.
Sincerely,
JC/ Jones Chemicals, Inc
JCI Jones Chemicals, Inc
1765 Ringling Blvd
Sarasota, FL 34236
Please sign below and return via email to [email protected] or return via fax to (310) 523-2944.
Accepted by: _________________ _ Date:
8 of 15
March 1, 2022, Item #3
January 27, 2022
City of Poway
PO Box 789
Poway, CA 92074
Dear Customer:
PLEASE SIGN AND RETURN BY 2/14/22
TO A VOID POSSIBLE SHIPMENT DELAYS
Raw material cost increases were recently issued by the Producers of chlorine and sodium hydroxide ( caustic soda). These materials are also used to manufacture sodium hypochlorite (bleach) and sodium bisulfite. It is necessary for us to pass those increases on to our customers.
Effective February 15th• 2022 your chlorine price must increase to $1,265.00 per ton. All other terms & conditions will remain the same.
Please know that while we do everything in our power to keep increases to a minimum, we have no control over Producer operations or raw material cost increases.
Please also note that supply remains tight-we will do our best to maintain service of your full requirements.
Thank you for your cooperation and understanding.
Sincerely,
JC/ Jones Chemicals, Inc
JCI Jones Chemicals, Inc
1765 Ringling Blvd
Sarasota, FL 34236
Please sign below and return via email to [email protected] or return via fax to (310) 523-2944.
Accepted by: _________________ _ Date: ______ _
9 of 15
March 1, 2022, Item #3
HILL
BROTHER
CALIFORNIA
REGIONAL
SALES
OFF
ICE
3000
EAST
BIRCH
STREET
•
SUITE
108
•
BREA,
CALIFORN
IA
92821-6261
(714)
579
-3333
•
FAX
(714)
579-3399
•
ORDER
DESK
(800)
322
-4119
http://hi
llbroth,2rs.com
November
29,
2021
Re:
Purchase
of
Aqua
Ammonia
-Price
Increase
Notice
Dear
Customer,
Throughout
2021
it
has
become
common
knowledge
in
the
industry
of
the
raw
material
shortages
for
anhydrous
ammonia,
at
the
manufacturers
level.
These
shortages
have
a direct
effect
on
the
supply
and
pricing
of
the
aqua
ammonia
we
manufacture
for
you.
Demand
for
raw
materials
has
returned
to
pre
COVl
D
levels,
but
producer
orders
are
severely
backlogged,
and
manufacturer
operating
rates
continue
to
be
lower.
We
have
multiple
supply
sources
of
raw
materials
at
Hill
Brothers
and,
we
hav
e
been
not
ified
by
our
suppliers
and
all
manufacturers,
of
significantly
higher
costs
effective
December
1,
2021,
with
tight
supplies
of
anhydrous
ammonia
going
forward.
Foreign
manufact
urers
of
anhydrous
ammonia
that
is
typically
export
ed
to
the
U
S
or
other
parts
of
the
world
have
been
significantly
reduced
due
to
their
high
cost
of
natural
gas.
This
has
increase
d the
demand
from
other
global
producers
including
the
US
.
The
result
is
a
large
spike
in
ammonia
pric
es b
ot
h
internationally
and
dome
stically
and
creating
a
worldwide
supply
shortage.
This
situation
may
take
months
for
manufacturers
ru1d
supply
chains
to
recover
and
thus
force
domestic
an
d
im
ported
raw
material
prices
higher
in
the
meantime
.
Un
fort
unately,
we
do
not
know
the
duratio
n
of
this
situat
ion,
but
we
anticipate
it
could
last
for
most
of
2022
.
This
situation
forces
us
to
adjust
prices
upward
effective
December
1,
2021,
and
at
the
very
least
be
reviewed
on
a monthly
basis
ongoing
until
this
situation
stabili
zes,
and
raw
material
producers
can
finn
prices
.
Due
to
these
delays
and
skyrocketing
costs,
we
would
like
to
discuss
with
you
how
to
address
these
issues
going
forward
. These
events
are,
unfortunately,
beyond
our
reasonable
control.
Pursuant
to
our
obliga
tion
s
under
our
agreement
with
you,
we
will
continue
to
use
all
diligent
efforts to
end
the
delay
of
our
performan
ce as
soon
as reasonably
practicable
and
secure
the
best
rea
so
nabl
e
prices
for
our
cu
stomers,
ensure
that
the
effects
of
the
pandemic
are
minimized,
and
resume
performance
and
standard
pr
ices
promptly
upon
the
cessation
of
the
effects
of
the
pandemic
on
our
economy
. However,
due
to
the
nature
of
the
COVID-19
pandemic,
we
are
unable
to
quantify
the
extent
or
duration
of
its
impact
on
our
perfomrnnce
under
the
agreement
at
this
time
.
Please
do
not
hesitate
to
contact
your
local
rep
with
any
questions
relating
to
the
foregoing
.
J~
John
Padilla
, Jr
.
Director,
Sales
&
Marketing
Hill
Brothers
Chemical
Company
10 of
15 SO.
CALIFORNIA
•
SAN
JOSE
•
PHOENIX
•
TUCSON
•
NORTH
SALT
LAKE
March 1, 2022, Item #3
From:
To:
Cc:
Subject:
Date:
Attachments:
Tom Baird
Jessica Parks
California Sal~; Frank Alari
Aqua Ammonia relief
Thursday, January 20, 2022 11:29:28 AM
Ammonia Green Market Index 2 year.xlsx
Ammonia Market watch 1-15-22.pdf
You don't often get email from [email protected]. Learn why this is important
EXTERNAL EMAIL
Jessica,
Thank you for reaching out for clarity regarding this issue. I have attached the latest Green Market Index which tracks
the price of Ammonia. Currently we are paying roughly three times as much for Ammonia than we did last year. It is for this reason along with the rising cost of freight that we are asking for relief.
What we are proposing is to adjust our price to the City of Poway to $1.137 /Gal.
We are hoping to enact this ASAP. We appreciate your consideration and await your permission to follow through on this.
Kind Regards,
Thomas Baird
Sales Representative
Hill Brothers Chemical
Phone:619-871-9523
Fax:714-579-3399
Email: [email protected]
Order Desk Phone:800-322-4119
Order Desk Email" [email protected]
11 of 15
March 1, 2022, Item #3
12 of 15
FIRST AMENDMENT TO CONTRACT
FOR THE SALE AND PURCHASE OF GOODS AND
MATERIALS
THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into effective this 1st day of March, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City"), and Hill Brothers Chemical Company, (hereinafter referred to as "Seller").
RECITALS
1. City and Seller entered into that certain "Contract for the Sale and Purchase of Goods and Materials," dated July 1, 2021, (the "Agreement"), by which City and Seller established the terms and conditions for providing goods and services to City.
2. On November 29, 2021, Seller notified the City again that its cost for goods subject to this Contract have increased, outside of Seller's control.
3. Now the City and Seller agree to increase the contract from a not-to-exceed limit of $12,710 to a not-to-exceed limit of $20,000.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:
Section 1. Except as otherwise amended by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
ATTACHMENT B
March 1, 2022, Item #3
IN
WITNESS
WHEREOF,
the
parties
hereto
have
duly
executed
this
First
Amendment
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:
Hill
Brothers
Chemical
Company
By:------------
Frank
Alari,
Regional
Sales
Manager
Date:
------------
By:--------------
Alan
Fenstermacher,
City
Attorney
13 of
15 March 1, 2022, Item #3
FIRST AMENDMENT TO CONTRACT
FOR THE SALE AND PURCHASE OF GOODS AND
MATERIALS
THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into effective this 1st day of March, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City"), and JCI Jones Chemicals, Inc., (hereinafter referred to as "Seller").
RECITALS
1. City and Seller entered into that certain "Contract for the Sale and Purchase of Goods and Materials," dated July 1, 2021, (the "Agreement"), by which City and Seller established the terms and conditions for providing goods and services to City.
2. On June 2, 2021, Seller notified the City in a Force Majeure Declaration that its cost for goods subject to this Contract have increased since the submittal of their bid, outside of Seller's control. On September 16, 2021, the Force Majeure Declaration was cancelled.
3. On November 8, 2021, Seller notified the City again that its cost for goods subject to this Contract have increased, outside of Seller's control.
4. Now the City and Seller agree to increase the contract from a not-to-exceed limit of $63,710 to a not-to-exceed limit of $100,000.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:
Section 1. Except as otherwise amended by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. 14 of 15 ATTACHMENT C
March 1, 2022, Item #3
IN WITNESS WHEREOF, the parties hereto have duly executed this First Amendment 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:
JCI Jones Chemicals, Inc.
By:-----------
Cris Blomgren, Sales Coordinator
Date: ------------
By:------------
Alan Fenstermacher, City Attorney
15 of 15
March 1, 2022, Item #3
March 1, 2022, Item #4
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
March 1, 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. 854 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Title 16 of the Poway Municipal Code Sections 16.58.020, 16.58.090, 16.58.100, 16.58.110, 16.60.030,
16.62.030, 16.82.220, and 16.82.400, Relating to Floodplain Management Regulations"
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on February 15, 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. 854.
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.
1 of 5
March 1, 2022, Item #4
Fiscal Impact:
None.
Public Notification:
An ordinance summary notice was published in the Poway News Chieftain on Thursday, February 24, 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. 854
Reviewed/Approved By:
Assistant City Manager
2 of 6
Reviewed By:
Alan Fenstermacher
City Attorney
March 1, 2022, Item #4
ORDINANCE NO. 854
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING TITLE 16 OF THE POWAY
MUNICIPAL CODE SECTIONS 16.58.020, 16.58.090, 16.58.100,
16.58.110, 16.60.030, 16.62.030, 16.82.220, AND 16.82.400,
RELATING TO FLOODPLAIN MANAGEMENT REGULATIONS
WHEREAS, Title 16, Division IV of the Poway Municipal Code (PMC) was adopted to promote the public health, safety, and general welfare by the adoption of floodplain management regulations;
WHEREAS, the City of Poway participates in the National Flood Insurance Program (NFIP), and it is required as a condition of participation in the NFIP that the City's floodplain management program meet or exceed certain NFIP regulations; WHEREAS, the City of Poway also participates in the NFIP Community Rating System (CRS) program and it is required as a condition of participation in the CRS, that the City's floodplain management program meet or exceed certain NFIP regulations; WHEREAS, Title 16, Division V of the PMC was adopted to bring the City into compliance with the requirements of the NFIP and allows the City to participate in the CRS; and WHEREAS, the proposed amendments to the PMC will help assure that the City's floodplain management program continues to meet or exceed the requirements of the NFIP.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: The City Council finds that the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines Section 15061 (b)(3) (General Rule) because the amendment pertains to minor changes to the text of Title 16 of the Poway Municipal Code, and it can be said with certainty that this activity will not have a significant effect on the environment.
SECTION 3: Sections 16.58.020, 16.58.090, 16.58.100, 16.58.110, 16.60.030,
16.62.030 of Title 16, Division IV of the Poway Municipal Code are hereby deleted.
SECTION 4: Sections 16.58.020, 16.58.090, 16.58.100, 16.58.110, 16.60.030,
16.62.030 are hereby added to Title 16, Division IV of the Poway Municipal Code to read as follows:
16.58.020 Acts prohibited.
No person shall do, commit or cause to be done or committed, any of the following described acts:
A. Deposit any material of any kind in a watercourse which may impair or impede the flow of water therein;
B. Plant any vegetation, other than grasses or annual crops, within a watercourse which may impair, impede or divert the flow of water in such watercourse; C. Commit any act or in any easement dedicated, granted or reserved for flood-control or drainage purposes which will impair the use of such easement for such purposes; 3 of 6
March 1, 2022, Item #4
D. Within a floodplain where a Floodplain Designator or a Flood Channel Designator has under the zoning ordinance been applied by the Council or within a floodplain as delineated on approved maps issued by the Federal Insurance Administrator:
1. Construct new or substantial improvements of residential structures unless the lowest floor (including basement) is elevated to one foot or more above the level of the 100-year flood;
2. Construct new or substantial improvements of nonresidential structures unless the lowest floor (including basement) is elevated to one foot or more above the level of the 100-year flood or the structure, including attendant utility and sanitary facilities, is floodproofed up to the level of the 100-year flood. (Ord. 85 § 1 (d), 1983; Ord. 29 § 1, 1981; CC§ 88.102)
16.58.090 Review by the Director of Development Services.
Prior to the issuance of any watercourse permit for construction of any drainage or flood-control structure, the Director shall review the application and determine whether the proposed work is consistent with the City's general plan; provided, however, such application need not be reviewed if any of the following conditions are met:
A. A City board, commission, or officer having final authority for project approval has determined that the project, which included the proposed work, is consistent with the general plan; or
B. The proposed work is pursuant to a tentative map of subdivision which has been approved or conditionally approved. (Ord. 518, 1999; Ord. 29 § 1, 1981; CC§ 88.109) ·
16.58.100 Determination that proposed drainage or flood-control structure is consistent with general plan.
If the Director determines that the proposed work is consistent with the City's general plan, he shall so inform the applicant. Upon notification of such determination the watercourse permit may be issued. (Ord. 518, 1999; Ord. 29 § 1, 1981; CC§ 88.110)
16.58.110 Determination that proposed drainage or flood-control structure is not consistent with the general plan.
If the Director determines that the proposed work is not consistent with the general plan, he shall so inform the applicant and the Council. The watercourse permit shall not be issued unless and until the Council authorizes such issuance following a review of the permit application and making a finding that the proposed drainage or flood-control structure is consistent with the general plan. (Ord. 518, 1999; Ord. 29 § 1, 1981; CC§ 88.111)
16.60.030 Director.
"Director" means the Director of Development Services of the City. (Ord. 85 § 1 (a), 1983; Ord. 29 § 1, 1981; CC§ 88.101(b))
16.62.030 Filing fee and deposit.
Before a permit is issued an applicant shall pay the Director the fee and deposit established by this section unless the plans have been prepared and/or approved by an agency of the Federal, State, County or City government, in which case the fee and deposit are waived if installation is supervised by an agency of the Federal, State, County or City government.
A. Filing Fee. A filing fee in the amount that shall be established by City Council resolution from time to time shall be paid at the time application is made for a permit. 4of6
March 1, 2022, Item #4
B.
Deposit.
A
deposit
shall
be
made
in
addition
to
the
filing
fee
to
cover
plan
checking
,
environmental
review
, processing
of
easement
documents,
administration
, and
inspection
of
the
work
. This
deposit
is
to
cover
the
actual
cost
incurred
by
the
City
as
estimated
by
the
Director
.
If
the
actual
cost
of
checking,
review,
processing
,
administration
and
inspection
is
less
than
the
deposit
, the
unused
balance
of
the
deposit
shall
be
refunded
in
the
same
manner
as
provided
by
law
for
the
repayment
of
trust
moneys.
If
any
deposit
is
insufficient
to
pay
all
the
actual
costs
of
checking
review,
processing
, administration
and
inspection,
the
permittee
, upon
demand
of
the
Director,
shall
pay
an
amount
deemed
sufficient
to
complete
the
work
in
process.
If
the
permittee
fails
or
refuses
to
pay
such
amount
upon
demand,
the
Director
may
refuse
issuance
of
a
watercourse
permit
until
the
amount
is
paid
in
full
, or,
if
a
permit
is
already
issued,
the
work
shall
be
considered
incomplete
and
the
permit
revoked
in
accordance
with
the
procedures
set
forth
in
PMC
16.62 .050.
(Ord
. 683
§
67,
2008;
Ord.
29 §
1,
1981;
CC§
88.203)
SECTION
5:
Sect
ions
16.82.220
and
16 .82.400
of
Title
16,
Division
V
of
the
Poway
Munic
ipal
Code
are
hereby
deleted.
SECTION
6:
Sections
16.82.220
and
16.82.400
are
hereby
added
to
Title
16,
Division
V
of
the
Poway
Municipal
Code
to
read
as
follows
:
16.82 .220
Floodplain
Administrator.
"Floodplain
Administrator"
is
the
City
Engineer
. (Ord.
599
§
2,
2004)
16 .82.400
Mean
sea
level.
"Mean
sea
level"
means
, for
purposes
of
the
National
Flood
Insurance
Program
, the
National
Geodetic
Vertical
Datum
(NGVD)
of
1988
or
others
to
which
base
flood
elevations
shown
on
a
community's
Flood
Insurance
Rate
Map
are
referenced
. (Ord.
599
§
2,
2004;
Ord.
503,
1998;
Ord
. 174,
1985)
SECTION
7:
This
Ordinance
shall
be
codified
.
EFFECTIVE
DATE:
This
Ordinance
shall
take
effect
and
be
in
force
thirty
(30)
days
after
its
adoption.
CERTIFICATION/PUBLICATION:
The
City
Clerk
shall
certify
the
adoption
of
this
Ordinance
and
cause
it
or
a
summary
of
it,
to
be
published
with
the
names
of
the
City
Council
members
voting
for
and
against
the
same
in
the
Poway
News
Chieftain
, a
newspaper
of
general
circulation
in
the
City
of
Poway
within
fifteen
(15)
days
after
its
adoption
and
shall
post
a certified
copy
of
this
Ordinance
in
the
Office
of
the
City
Clerk
in
accordance
with
Government
Code
§
36933. INTRODUCED
AND
FIRST
READ
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway
,
California,
held
the
15th
day
of
February,
2022,
and
thereafter
PASSED
AND
ADOPTED
at
a
Regular
Meeting
of
said
City
Council
held
the
1st
day
of
March,
2022,
by
the
following
vote,
to
wit:
AYES: NOES
:
ABSENT:
5 of6
March 1, 2022, Item #4
DI SQUALi Fl ED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
6 of 6
March 1, 2022, Item #5
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
March 1, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services.p;I\
Henry Trang, Senior Civil Engineer fV
(858) 668-4602 or [email protected]
Capital Improvement Program Update
CITY COUNCIL
This report presents a status update on the Capital Improvement Program (CIP) and a brief status of each ongoing project within the current CIP. At the City Council meeting, staff will present more detail on the higher profile projects.
Recommended Action:
This is an informational item and there is no recommended action.
Discussion:
The City's CIP is administered by staff from the Engineering Division of the Development Services Department with the goal of maintaining and improving the City's infrastructure, and enhancing public facilities based upon community needs. Engineering staff provides professional engineering services in the planning, design, and construction of the CIP projects.
The CIP is an ongoing process which matches available funds with prioritized needs. During program planning, staff takes inventory of the City's existing infrastructure and facilities, considers facility and system assessments completed by consultants as well as community needs, and then develops a prioritized project list consistent with community goals. Projects are prioritized and designed to achieve optimum use of available funding. Projects are categorized into the following categories:
Streets, Drainage, Public Facilities, Water, and Sewer. The current CIP includes 50 projects with $15.74 million appropriated with the FY 2021-22 budget for a total of $64.77 million in appropriations for these projects. A list of all currently funded projects is provided as Attachment A.
This report presents updates to the status of projects since the last program update was presented to City Council on November 2, 2021. Projects previously completed and accepted by City Council or that continue to be on hold are not listed in the project discussion but are identified in Attachment A. 1 of 6
March 1, 2022, Item #5
STREETS
The primary goal of projects within the Streets category is to extend the useful life of public streets, to address capacity issues, to maintain the City's traffic signals, to refresh and update street striping and signage, and to maximize efficiency for vehicles, bicycles, and pedestrians while ensuring public safety.
The 2021-22 Citywide Striping project and LED Street and Safety Lighting Conversion project have both been completed since the last CIP program update. The 2019-20 Traffic Signal Controller Upgrades project construction is substantially complete with the exception of a battery back-up enclosure at Poway Road and Oak Knoll Road. That item is anticipated to be completed in March 2022. Construction on the pathways portion of the Espola Road Safety Improvements -Phase 2 project began at the end of October. The pathways construction consists of a DG trail, cobble surface, retaining walls, lodgepole fence, asphalt berm, and other improvements. The contractor has made substantial progress on the project. The design for the Neighborhood Sidewalks (Powers and Garden Road areas) project is nearing completion. The project will be advertised for construction later this year. The preparation of the Local Road Safety Plan (LRSP) is also nearing completion. The LRSP is a report that identifies, analyzes, and prioritizes safety improvements on the City's roads and can be used to secure grant funding for future projects.
DRAINAGE
The primary goal of projects within the drainage category is preservation and maintenance of existing infrastructure, including culverts, concrete channels and natural channels, and the ongoing annual replacement of deteriorating corrugated metal pipes (CMP). It also includes the Annual Trash Capture Program, which is an unfunded mandate by the Regional Water Quality Control Board to capture all trash greater than 5mm, essentially anything larger than a cigarette butt, in priority land use areas (PLUs). PLUs include areas classified as commercial, industrial, and high density residential as well as transit stops. The City has ten years to comply with the region-wide mandate and is appropriating funding annually with the CIP budget to complete a portion of the program each year, which is in its third year.
The design for the Carlson and Springvale Channels Rehabilitation is complete. The project will be advertised for construction in March. Design of the 2021-22 Annual Trash Capture Program and 2021- 22 Annual Corrugated Metal Pipe Repair/Replace projects are underway. Staff is working on securing grant funding for the construction of the Rattlesnake Creek Stream bank Stabilization project and has begun design of the project.
PUBLIC FACILITIES
The primary goal of projects within the Public Facilities category is the preservation and maintenance of the over 100 public buildings and parks. This category also includes installation of new public facilities as well as renovation of existing facilities. Building maintenance tasks are typically combined to create the annual Public Facilities Renovation project. The individual tasks that make up the Public Facilities Renovation project are accomplished by a combination of Public Works and CIP engineering staff. In 2016, a Facility Needs Assessment was conducted which included a comprehensive assessment of select City facilities, with the assessment of each facility varying from an entire building assessment to roof and HVAC assessments only. It provided a ten-year list of corrective actions as well as continuous ongoing maintenance items at each assessed building.
The City Hall HVAC Controls project is currently under construction and is anticipated to be completed soon. The design of the Fire Station 1 Stairway Replacement, Fire Station 3 HVAC Upgrades, Lake Poway Upper Playground Renovation, and 2021-22 ADA Barrier Removal at Community Park projects are in progress.
2 of6
March 1, 2022, Item #5
WATER
The primary goal of projects within the water category is preservation of existing infrastructure, including pipelines, reservoirs, pump stations, pressure reducing stations, and the Water Treatment Plant facility. In 2014, assessments of the City's water distribution system and Water Treatment Plant were completed. A ten-year water CIP was developed from the assessments.
The Boulder Mountain Reservoirs 1 and 2 Rehabilitation project is substantially complete and will be scheduled for acceptance at a future City Council meeting. The Pressure Reducing Valve (PRV) Stations Access Assessment and the Water Treatment Plant Electrical System Assessment are both anticipated to be completed soon. Construction for the 2021-22 Annual Water Valve Replacement program was recently awarded and will begin this spring. The Caustic Soda Tank Rehabilitation has been advertised for bid with a bid opening date of March 3, 2022. The Reservoir Overflow Modifications and Water Treatment Plant Security Upgrades projects are both in design.
Several water projects are being managed by the Public Works Department including the Clearwell Bypass, San Diego County Water Authority (SDCWA) Treated Water Connection, and Clearwell Replacement projects. Public Works staff will be providing updates to the City Council at a future meeting, separately from the Capital Improvement Program Update in order to provide more details on those projects.
SEWER
The primary goal of projects within the sewer category is preservation of existing infrastructure, including pipelines, manholes and lift stations, and providing increased flow capacity where identified as necessary. In 2013, an assessment was completed for the City's sanitary sewer distribution system.
A ten-year sewer CIP was developed and included both capacity increasing projects and maintenance projects.
The Bowron Road Sewer Upsize has been completed and was accepted at the February 15, 2022 City Council meeting. The Exposed Sewer East of Martincoit Road and Sewer Line Repair/Replace at Pomerado Road and Stone Canyon Road projects are both substantially completed and will be presented for acceptance at a future City Council meeting.
Environmental Review:
This agenda item is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A. CIP Project Status List
3 of 6
March 1, 2022, Item #5
Reviewed/Approved By:
wei~.~
Assistant City Manager
4of6
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
March 1, 2022, Item #5
CIP PROIECT STATUS:
Complete:
1 . 2020-21 Street Overlay
2. 2021-22 Street Maintenance
3. 2021-22 Citywide Striping
4. 2020-21 ADA Barrier Removal -Lake Poway Picnic Areas
5. LED Street and Safety Light Conversion
6. Public Works Fleet Hydraulic Lift
7. Bowron Road Sewer Upsize
Substantially Complete:
1. Boulder Mountain Reservoirs 1 and 2 Rehabilitation
2. Sewer Line Repair Replace 14/15 (Pomerado Rd/Stone Canyon Rd)
3. City Hall HVAC Controls Replacement Project
4. Exposed Sewer East of Martincoit
Under Construction/Studies:
1. Espola Road Safety Improvements -Phase 2
2. 2019-20 Traffic Signal Controller Upgrades
3. WTP Electrical System Assessment
4. PRV Stations Access Assessment
5. Local Road Safety Plan
6. Clearwell Bypass (Public Works)
Bid/Pre-Construction:
1. Caustic Tank Rehabilitation
2. Welcome to Poway Sign Replacement
3. 2021-22 Annual Valve Replacement Program
Design:
1. Neighborhood Sidewalks (Powers & Garden Road Areas)
2. 2021-22 Annual Trash Capture Program
3. 2020-21 Traffic Signal Controller Upgrades
4. Lake Poway Upper Playground Renovation
5. Reservoir Overflow Modification
6. Vehicle Maintenance Monument Sign
7. Fire Station 3 HVAC Upgrade
8. Fire Station 1 Stairway Replacement/Upgrade
9. 2021-22 Annual CMP Repair/Replace
10. Channel Rehabilitation - Carlson and Springvale
11. 2021-22 ADA Barrier Removal -Community Park
12. Water Treatment Plant Security Upgrades
13. Rattlesnake Creek Stream bank Stabilization Design
14. Clearwell Replacement (Public Works)
5 of 6 ATTACHMENT A
March 1, 2022, Item #5
Pre-Design:
1. R-4 and R-7 Reservoir Rehabilitation
2. PCPA Facility Maintenance
3. Washwater Tank No.2 Upgrades
4. 2021-22 Traffic Signal Controller Upgrades
5. Water Treatment Plant Upgrade Filters 1-8
6. Annual Sewer Line Repair/Replace
7. 2021-22 Street Overlay
8. Blue Sky Amphitheater Shade Structure (on hold)
9. Butterfield Trail Sewer Upsize (on hold)
10. SDCWA Treated Water Connection (Public Works)
11. Annual Manhole Rehabilitation (Public Works)
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March 1, 2022, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
March 1, 2022
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works ~~
Will Wiley, Assistant Director of Public Work~,,..
(858) 668-4705 or [email protected] .r Y
CITY COUNCIL
Award of Agreement to Kissinger Juarez Inc. dba Kissinger Trucking & EQ for Trucking and Operator Services, RFP 22-011
A notice inviting proposals for Trucking and Operator Services was advertised on October 21 and 28, 2021. An addendum to the request for proposals was issued on November 16, 2021, extending the deadline for proposals. One proposal was received and opened on January 25, 2022. Kissinger Juarez Inc., dba Kissinger Trucking & EQ (Kissinger Trucking), was found to be responsive to the criteria of the proposal. The first term of the Agreement is two (2) years beginning March 2, 2022, through March 1, 2024, and may be extended by up to three (3) separate one-year terms.
Recommended Action:
It is recommended that the City Council award the Agreement for Trucking and Operator Services, RFP 22-011, to Kissinger Juarez Inc. dba Kissinger Trucking & EQ and authorize the City Manager to execute the necessary documents.
Discussion:
This Agreement provides trucking services including hauling asphalt grindings, dirt, rock and other various materials to locations identified by the City to assist in Public Works roadway maintenance operation activities. In October 2021, a notice inviting proposals for Trucking and Operator Services was advertised on the City's website, online bid portal and in the local newspaper. Due to the initial lack of response, an addendum was issued on November 16, 2021, extending the deadline for proposal submissions. Additionally, staff contacted several contractors regarding the bid opportunity.
One responsive proposal was received and opened on January 25, 2022. Kissinger Trucking has a history of providing exceptional service to the City and meeting the requirements of the proposal.
Evaluation criteria for the proposals included: experience and ability to perform, including, but not limited to experience of the company, age and number of trucks available for the agreement period, as well as the cost proposed. The table below represents the hourly rate to be paid for work performed during scheduled operations.
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March 1, 2022, Item #6
Trucking and Operator Proposed Rates Table
Mon.-Fri. After Hours & Sunday & Holidays
Kissinger Trucking 7:00 a.m. -6:00 p.m. Saturdays
1 driver, 1 vehicle $112.00 $112.00 $112.00
On average, the City pays $85,000 for trucking services, however, the cost varies each year depending on the scheduled street maintenance zone. The rate proposed under the agreement with Kissinger & Herring, Inc., reflects an approximate four (4) percent increase from the City's most recently expired trucking and operator service agreement rate of $108.00. Staff determined the new rate of $112.00 to be acceptable and within market rate.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Funds are available in the Street Maintenance Division's Roadways Repair and Maintenance Fiscal Year 2021-2022 budget (411040-43201) for as-needed trucking and operator services.
Public Notification:
None.
Attachments:
A. Agreement for Trucking and Operator Services
Reviewed/ Approved By:
w~Wher:-::-
Assistant City Manager
2 of 61
Reviewed By:
Alan Fenstermacher
City Attorney City Manager
March 1, 2022, Item #6
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 1st day of March, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and Kissinger Juarez Inc. dba Kissinger Trucking & EQ (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, City desires to obtain the services of a private Contractor to provide Trucking and Operator Services in support of the Public Works Streets Department; WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services;
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 3 of61 ATTACHMENT A
March 1, 2022, Item #6
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Contractor shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
9. Conflict of Interest and Political Reform Act Obligations. 4of61
March 1, 2022, Item #6
During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
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(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:
March 1, 2022, Item #6
[8] 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. ~ 1. Maintenance of Records.
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.
13. Licenses, Permits, Etc.
Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
14. Contractor's Insurance.
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March 1, 2022, Item #6
Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as 7 of61
March 1, 2022, Item #6
is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section
15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services.
17. Contractor Not an Agent.
Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect.
Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
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March 1, 2022, Item #6
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
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24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
March 1, 2022, Item #6
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.
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)
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March 1, 2022, Item #6
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 Gallager, City Clerk
APPROVED AS TO FORM:
Kissinger Juarez Inc. dba Kissinger
Trucking & EQ
By: ___________ _
Debbie Kissinger, President
Date: ------------
By:------------
Alan Fenstermacher, City Attorney
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March 1, 2022, Item #6
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Contractor agrees to provide trucking and operator services as required by City, further described in the Request for Proposals which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein.
Contractor shall provide the necessary qualify ed personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on January 25, 2022, which is included in this document as Attachment 2. Total fee is not to exceed $650,000. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall be effective from the period commencing March 1, 2022 and ending February 29, 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 (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first two years of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than April 1, 2024. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.
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March 1, 2022, Item #6
D. Contractor's Insurance.
1. Coverages:
Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability. including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $5,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
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March 1, 2022, Item #6
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
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To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
Kissinger Juarez Inc. dba
Kissinger Trucking & EQ
PO Box 261805
San Diego, CA 92196
(Remainder of page intentionally left blank)
March 1, 2022, Item #6
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ATTACHMENT #1
CITY OF POWAY
REQUEST FOR PROPOSAL
RFP No. 22-011
TRUCKING AND OPERATOR SERVICES
October 2021
March 1, 2022, Item #6
Table of Contents
SECTION 1 ..................................................................................................................................... 3 REQUEST FOR PROPOSAL .................................................................................................. 3 SECTION 11 .................................................................................................................................... 4 GENERAL TERMS AND CONDITIONS .................................................................................. .4 SECTION lll ................................................................................................................................. 15 TECHNICAL SPECIFICATIONS ............................................................................................ 15 SECTION IV ................................................................................................................................ 19 DOCUMENTS TO BE EXECUTED BY THE PROPOSER ..................................................... 19 FEE SCHEDULE ................................................................................................................... 20 SIGNATURE SHEET ............................................................................................................. 21 TRUCKING AND OPERATOR SERVICES ............................................................................ 22
STATEMENT OF FINANCIAL RESPONSIBILITY, TECHNICAL ABILITY AND EXPERIENCE .............................................................................................................................................. 24 REFERENCES ...................................................................................................................... 25 SUBCONTRACTORS ............................................................................................................ 26 NON-COLLUSION AFFIDAVIT .............................................................................................. 27 APPENDIX A ............................................................................................................................... 28 SAMPLE AGREEMENT ......................................................................................................... 28 GUARANTY ........................................................................................................................... 44 WORKERS' COMPENSATION INSURANCE CERT/FICA TE ............................................... .45 16 of61
March 1, 2022, Item #6
SECTION
I
REQUEST
FOR
PROPOSAL
Notice
is
hereby
given
that
the
City
of
Poway
(the
"City"),
California
will
accept
sealed
proposals
at
the
Public
Works
Administration
Office,
14467
Lake
Poway
Road,
Poway,
California
92064,
until
2 p.m.
on
Tuesday,
January
18,
2022.
Proposals
shall
be
submitted
in
plain,
sealed
envelopes,
marked
on
the
outside
with
the
project
title:
TRUCKING
AND
OPERATOR
SERVICES
RFP
NO.
22-011
Proiect
Description:
This
Request
for
Proposal
(RFP)
is
being
issued
by
the
City.
The
City
is
requesting
proposals
from
qualified
contractors
to
provide
trucking
and
operator
services
which
will
include
hauling
asphalt
grindings,
dirt,
rock
and
other
various
materials
to
locations
identified
by
the
City
to
assist
in
Public
Works
maintenance
operation
activities.
The
City
proposes
to
contract
with
a
qualified
firm
that
is
proactive
in
their
work
standards
and
can
meet
the
qualifications
set
forth
in
this
proposal
package.
Proposals
will
be
evaluated
on
the
basis
of,
experience
and
the
ability
to
perform,
including,
but
not
limited
to,
experience
and
history
of
the
firm,
age
and
number
of
trucks,
as
well
as
costs.
The
award
of
the
Agreement,
if
made,
will
be
made
to
the
proposer,
who
in
the
sole
discretion
of
the
City
is
best
able
to
perform
the
Agreement
in
a
manner
most
beneficial
to
the
City.
The
City
reserves
the
right,
after
opening
proposals,
to
reject
any
or
all
proposals,
to
accept
or
reject
any
one
or
more
items
of
a
proposal,
to
waive
any
informality
in
the
proposal,
and
to
accept
any
proposal
or
portion
of
it.
Standard
Contract
Length:
The
length
of
this
Agreement
shall
be
for
two
(2)
years
beginning
on
March
1,
2022,
through
February
29,
2024.
The
Agreement
can
be
extended
by
a
maximum
of
three
(3)
one-year
terms.
Award
of
the
Agreement
and
any
extensions
are
subject
to
City
Council
appropriation
of
funds.
The
maximum
length
of
the
Agreement
can
be
up
to
five
(5)
years.
Each
renewal
period,
the
Contractor's
costs
shall
be
adjusted
based
on
the
annual
change
in
the
previous
calendar
year's
Consumer
Price
Index
for
the
San
Diego
area
(All
Urban
Consumers
CPI-U)
or
5%,
whichever
is
less.
The
first
adjustment
would
occur
no
earlier
than
March
1,
2024.
Proposal
documents
may
be
downloaded
free
of
charge
via
our
website
at
www.poway.org.
For
further
information
on
project
specifications
contact
Amelia
Dominguez,
Management
Analyst
at
(858)
668-4757
or
[email protected].
City
of
Poway
Eric
Date
17 of
61 March 1, 2022, Item #6
SECTION II
GENERAL TERMS AND CONDITIONS
1. RFP Document Wording: Notwithstanding the wording of this RFP, the words "bid" and "bidder" shall mean the same as "proposal" and "proposing contractor," respectively.
2. Deadlines: Responses to this RFP must be received at the Public Works Administration Office by 2 p.m. on Tuesday, January 18, 2022. Responses received after this deadline will not be considered. Postmarked date will not constitute timely delivery. Proposers are solely responsible for ensuring timely receipt of their responses.
Event Date Time
Deadline for Written Inquiries 11/1/2021 5 p.m.
Final Inquiry Responses Released 1/3/2022
Proposals Due 1/18/2022 2 p.m.
Anticipated Award Date 2/25/2022
3. Delivery of Proposals: Proposals shall be enclosed in a sealed plain envelope and the package must be marked with the project title:
TRUCKING AND OPERATOR SERVICES
RFP NO. 22-011
Mail Delivery
Public Works Department
City of Poway
P.O. Box 789
Poway, CA 92074
Hand Delivery
Public Works Department
Administrative Office
14467 Lake Poway Road
Poway, CA 92064
The proposal packet must contain all the required forms, as provided in Section 11, Item 14.
4. Correspondence and Additional Information: All questions about the Agreement and technical portions of the RFP, must be submitted in writing to the city representative as follows:
18 of 61
City of Poway -Public Works Department
Amelia Dominguez, Management Analyst
TRUCKING AND OPERATOR SERVICES
RFP No. 22-011
14467 Lake Poway Road
Poway, CA 92064
Email: [email protected]
March 1, 2022, Item #6
Proposing contractors are cautioned that any statements made by City staff that materially changes any portion of the RFP shall not be relied upon unless subsequently ratified by a formal written addendum to the RFP document.
5. Addenda: If any person contemplating submitting a proposal for the Agreement is in doubt as to the true meaning of any part of the specifications, or other Agreement documents, or finds discrepancies in or omissions from the specifications, they may submit to the City a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery.
Any interpretation or correction of the Agreement documents will be made by addendum duly issued by the Director of Public Works, or their designee. A copy of such addendum will be mailed or delivered to each person receiving a set of the Agreement documents. No oral interpretation of any provision in the Agreement documents will be made to any proposing contractor. In the event of a conflict between drawings and specifications, the specifications shall control.
Receipt of any addendum to the proposal shall be acknowledged by signing and returning the addendum with the proposal. The acknowledgment must be received by the City by the time and at the place specified for receipt of proposals.
6. Acceptance or Reiection of Proposals: The City reserves the right to reject any or all proposals for any or all items or to waive any irregularities in the proposal or RFP process. The determination of the City as to what constitutes an irregularity shall be final and conclusive.
7. Selection of Contractor and Award of Agreement: The Agreement, if awarded, will be awarded to the proposing contractor who, in the sole discretion of the City, is determined to be best able to perform the Agreement in a manner most beneficial to the City. The selection shall be made based on demonstrated competence, professional qualifications and a fee schedule that is deemed by the City to be most advantageous.
8. Execution of Agreement: The successful proposer will be required to enter into an Agreement, a sample agreement is included as Appendix A. Please review the sample agreement carefully and note in your proposal any exceptions or alterations to the Agreement that you are requesting. Alterations or changes to the Agreement that were not included in the proposal will not be considered after the selection of the contractor. This also includes alterations, exceptions, or changes to the insurance and indemnity provisions referenced within the proposal. By requiring these requests to be made up front, the City can compare all respondents on an equal basis and take Agreement exceptions into consideration in the selection process.
The Agreement shall be signed by the selected contractor and returned, together with insurance policies and certificates of insurance, within ten (10) days, excluding Sundays and legal holidays, after the Notice of Award of Agreement has been mailed.
Failure to execute the Agreement, supply certificates of insurance, and copies of license forms as required within ten (10) calendar days after the Notice of Award of 19 of 61
March 1, 2022, Item #6
the Agreement has been mailed, shall be just cause for annulment of the award. The award, if made, will be made within forty-five (45) calendar days after the proposal opening.
9. Proposing Contractors: Proposing contractors shall consist of those persons or firms meeting the necessary qualifications to perform the services as specified.
10. Proposing Contractor Certification: The proposing contractor agrees that submission of a signed proposal form is certification that proposing contractor will accept an award made to it as a result of the submission.
11. Proposal Guarantees: Proposer agrees that her or his proposal shall remain open and not be withdrawn for a period of ninety (90) days from the deadline submittal.
12.Agreement Documents: The specifications [general and technical], the selected proposal, supporting data and addenda shall become a part of the executed Agreement. The City has no obligation to accept any omissions or exceptions. In the event of a conflict between documents, the following order of precedence shall apply:
a. City of Poway Agreement
b. City of Poway Request for Proposal
c. Proposer's Response
All proposing contractors shall be responsible for familiarizing themselves with the conditions and requirements of the proposal prior to submittal, including any and all appendices.
13. Length of Agreement: The length of this Agreement shall be for two (2) years beginning March 1, 2022, through February 29, 2024. The Agreement may be extended for up to three (3) additional one-year terms.
14. Forms: No proposals will be considered unless submitted on the original forms provided by the City. Proposals must be prepared in ink or typewritten and signed by the proposing contractor. All proposing contractors shall be responsible for familiarizing themselves with the conditions and requirements of the proposals prior to its submittal. Do not leave any lines on the proposal forms blank. Insert "No" or "N/A" [Not Applicable] on those lines where the proposing contractor is not considering. All proposal amounts shall be represented in written words and in figures. Should there be a conflict between the written words and the figures, the written words shall prevail. Prior to proposal opening, corrections may be inserted; however, changes must be initialed in ink by the person signing the original proposal or by their authorized representative. In cases where the total proposal amount does not equal the unit prices multiplied by the quantities indicated, the unit prices shall prevail. Proposals shall specify the name or legal entity of the company and, if one exists, the fictitious name under which business is conducted. 20 of 61
March 1, 2022, Item #6
Required
Proposal
Forms
(See
Section
V -
Documents
to
be
Executed
by
the
Proposer):
a.
Fee
Schedule
b.
Signature
Sheet
c.
Qualifications
d.
Statement
of
Financial
Responsibility,
Technical
Ability
and
Experience
e.
References
f.
Subcontractor/Supplier
List
g.
Non-Collusion
Affidavit
15. Proposal
Withdrawal:
A
proposing
contractor
may
withdraw
a
proposal
prior
to
the
time
set
for
the
opening
of
proposals
by
simply
making
a
request
in
writing
to
the
City;
no
explanation
is
required.
16. Collusion
Among
Proposing
Contractors:
Each
proposing
contractor,
by
submitting
a
proposal,
certifies
that
she
or
he
is
not
a
party
to
any
collusive
action,
fraud
or
any
action
that
may
be
in
violation
of
the
Sherman
Antitrust
Act.
The
proposing
contractor
certifies
that
she
or
he
has
not
offered
or
received
any
kickbacks
or
inducements
from
any
other
proposing
contractor,
supplier,
manufacturer,
or
subcontractor
in
connection
with
the
proposal
and
that
she
or
he
has
not
conferred
on
any
public
employee
having
official
responsibility
for this
procurement
transaction
any
payment,
loan,
subscription,
advance,
deposit
of
money,
services
or
anything
of
more
than
nominal
value.
Any
or
all
proposals
shall
be
rejected
if
there
is
any
reason
for
believing
the
collusion
exists
among
the
proposing
contractors.
The
City
may
or
may
not,
at
its
discretion,
accept
future
proposals
for
the
same
work
from
participants
in
such
collusion.
More
than
one
proposal
from
an
individual,
firm,
partnership,
corporation,
or
association
under
the
same
or
different
names
may
be
rejected.
Reasonable
grounds
for
believing
that
a
proposing
contractor
has
interest
in
more
than
one
proposal
for
the
work
being
proposed
may
result
in
rejection
of
all
proposals
in
which
the
proposing
contractor
is
believed
to
have
interest.
Certification
of
Independent
Price
Determination:
The
proposing
contractor
certifies
that
the
prices
submitted
in
response
to
the
solicitation
have
been
arrived
at
independently
and
without
any
consultation,
communication,
or
agreement
with
any
other
proposing
contractor
or
competitor
relating
to
those
prices,
the
intention
to
submit
a
proposal,
or
the
methods
or
factors
used
to
calculate
the
prices
proposal.
17. Debarment:
By
submitting
a
proposal,
the
proposing
contractor
certifies,
under
penalty
of
perjury,
that
neither
it,
nor
any
person
associated
with
it
in
the
capacity
of
21 of
61 March 1, 2022, Item #6
owner, partner, director, officer, or manager (1) are currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from submitting proposals for contracts issued by any city or political subdivision or agency of the State of California or the Federal Government; (2) have (within the three (3) year period preceding the submission of the proposal) been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) are presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with the commission of any of the offenses described in clause (2), above; and (4) have (within the three (3) year period preceding the submission of the proposal) had one or more public transaction (federal, state or local) terminated for cause or default.
18. Errors in Extension: If the unit price and the extension price are at variance, the unit price shall prevail.
19. Evidence of Responsibility: Upon request of the City, a proposing contractor whose proposal is under consideration for the award of the Agreement shall submit promptly to the City satisfactory evidence showing the proposing contractor's financial resources, experience in similar type work and organizational resources available for performance of the Agreement.
20. Examination of Agreement Documents: Proposing contractors shall thoroughly examine, be familiar with the specifications, and verify any representations made by the City upon which the proposer will rely. The failure or omission of any proposer to examine any Agreement document, form, instrument, addendum or other document, or to acquaint themselves with conditions therein existing, shall in no way relieve any proposer from obligations with respect to their proposal or to the Agreement. The submission of a proposal shall be taken as prima facie evidence of compliance with this section.
21. Exceptions: Proposing contractors taking exception to any part or section of the solicitation shall indicate such exceptions on the proposal form. Failure to indicate any exception will be interpreted as the proposing contractor's intent to comply fully with the requirements as written. Conditional or qualified proposals, unless specifically allowed, shall be subject to rejection in whole or in part.
22. Expenses Incurred in Preparing Proposals: City accepts no responsibility for any expense incurred by the proposing contractor in the preparation and presentation of a proposal. Such expenses shall be borne exclusively by the proposing contractor.
23. Insurance: The selected contractor must furnish the City with proof of insurance.
Notice of insurance cancellation shall be made to the City Clerk, in writing, 30 days prior to cancellation or material changes in insurance coverage. 22 of 61
March 1, 2022, Item #6
Coverage: Contractor shall obtain and maintain during the life of the Agreement all of the following insurance coverage:
a. Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket Contractual liability with the following coverages:
i. $1,000,000 per person/per occurrence
ii. $2,000,000 aggregate per occurrence
iii. 500,000 property damage per occurrence
b. Automobile Liability, including owned, hired, and non-owned vehicles with the following insurance coverages:
i. $1,000,000 combined single limit
c. Workers' Compensation, in statutory amount. All of the endorsements that are required above shall be obtained for the policy of Workers' Compensation insurance.
Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions:
a. Additional Insured. (Not required for Professional and Omissions Liability Insurance or Workers' Compensation.)
The City must be named as an "Additional Insured" on the policy. The Additional Insured Endorsement is generally a separate endorsement form and rarely is it acceptable to name the City as "Additional Insured" only on the face of the Insurance Certificate. A Blanket Endorsement authorized by the Insurance Carrier is acceptable, but we still need the form on file. The preferred language for the Endorsement form is: "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insured's with respect to this subject property 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."
Insurance Certificates: Contractor shall provide the City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and 23 of 61
March 1, 2022, Item #6
content approved by City, prior to beginning work under the Agreement (refer to the Insurance Code of the State of California). The issuing company:
a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and
b. Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken.
In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation (see City Council Resolution 90-082).
24. Qualifications of Proposing Contractors: The proposing contractor may be required, before the award of Agreement, to show to the complete satisfaction of the Director of Public Works that it has the necessary qualifications, and ability to provide the service(s) specified therein in a satisfactory manner. City may make reasonable investigations deemed necessary and proper to determine the ability of the proposing contractor to perform the work, and the proposing contractor shall furnish to the City all information for this purpose.
25. Antitrust: By entering into the Agreement, the selected contractor conveys, sells, assigns, and transfers to the City all rights, titles, and interest it may now have or hereafter acquire under the antitrust laws of the United States and the State of California that relate to the particular goods or services purchased or acquired by the City under said Agreement.
26.Applicable Law: The Agreement shall be governed in all respects by the laws of the State of California, and any litigation with respect thereto shall be brought in the courts of the State of California. The Contractor shall comply with applicable federal, state, and local laws and regulations.
27.Assignment: The selected contractor shall not assign, transfer, convey, sublet, or otherwise dispose of any award or any or all of its rights, title, or interest therein, without the prior written consent of the Director of Public Works, or their designee.
28. Certificates and Licenses: The selected contractor shall have valid licenses and certificates required for performance of the work. Copies shall be delivered to the City no later than ten (10) days, excluding Sundays and legal holidays, after the Contractor receives the notice of award from the City. Current copies of licenses and certificates shall be provided to the City within twenty-four (24) hours of demand at any time during the Agreement term. Licenses and certificates required for this Agreement include, but are not limited to:
a. A City of Poway Business Certificate; and
24 of 61
March 1, 2022, Item #6
b. Valid California Class A License for all drivers
29. Change in the Scope of Work: The City may order changes in the work consisting of additions, deletions or other revisions within the general scope of the Agreement.
No claims may be made by the selected contractor that the scope of the project or of the Contractor's services has been changed, requiring changes to the amount of compensation to the Contractor or other adjustments to the Agreement, unless such changes or adjustments have been made by written agreement to the Agreement signed by the Director of Public Works, or their designee, and the selected contractor.
If the selected contractor believes that any particular work is not within the scope of the project, is a material change, or will otherwise require more compensation to the Contractor, the selected contractor must immediately notify the Director of Public Works in writing of this belief. If the Director of Public Works believes that the particular work is within the scope of the Agreement as written, the selected contractor will be ordered to and shall continue with the work as changed and at the cost stated for the work within the scope.
30. Extra Work: All extra work is to be approved in writing by the Director of Public Works, or their designee, before the work is performed. In no event will extra work be paid for without proper authorization. Work not identified in the Agreement will be billed on a time and materials basis using the same standard hourly rate (which shall include labor, vehicle use, tools and equipment, overhead and profit). For the purpose of proposal evaluation, proposing contractors shall enter on the Fee Schedule the hourly rates for the requested categories.
31. Failure to Deliver: In the event of failure of the selected contractor to deliver services in accordance with the Agreement terms and conditions, the City, after due oral or written notice, may procure the services from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy may be in addition to any other remedies that the City may have.
32. Failure to Enforce: Failure by the City at any time to enforce the provisions of the Agreement shall not be construed as a waiver of any such provision. Such failure to enforce shall not affect the validity of the Agreement or any part thereof or the right of the City to enforce any provision at any time in accordance with its terms.
33. Force Maieure Clause: The parties to the Agreement shall be excused from performance during the time and to the extent that they are prevented from obtaining, delivering or performing by act of God, fire, strike, loss, shortage of public transportation facilities, walkout or commandeering of materials, products, or facilities by the government provided that the nonperformance is not due to the fault of neglect of the Contractor/supplier. In such cases, however, satisfactory evidence thereof must be presented.
34. Indemnification: The selected contractor shall act as an independent contractor and will not be an agent or employee of the City. Contractor shall not represent or otherwise hold out itself or any of its subcontractors, sub-subcontractors, directors, 25 of 61
March 1, 2022, Item #6
officers, partners, employees, or agents to be an agent or employee of the City.
City and its elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, defend, 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 of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by Contractor's use of the City's property or Contractor's performance under this Agreement.
If any action or proceeding is brought against lndemnitees by reason of any of the matters against which Contractor has agreed to indemnify lndemnitees as provided above, Contractor, upon notice from City, shall defend lndemnitees at Contractor's expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. lndemnitees need not have first paid for any of the matters to which lndemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Contractor under Section II, Item 23, shall ensure Contractor's obligations under this section, but the limits of such insurance shall not limit the liability of Contractor hereunder. Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required under Section II, Item 23. The provisions of this section shall survive the expiration or earlier termination of this Agreement. The provisions of this section do not apply to claims occurring as a result of this City's sole negligence or willful acts or omissions. The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage.
35.Assumption of Risk: Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor shall assume the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement; and (b) Contractor agrees that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement.
36. Liquidated Damages: Work Not Performed or Work Performed in an Unsatisfactory Manner -In the event the selected contractor is prevented from completing the work as scheduled because of reasons other than emergency circumstances (which will be reviewed by the Director of Public Works to determine 26 of 61
March 1, 2022, Item #6
validity), the selected contractor, in addition to not being paid for the unperformed work, will be assessed damages in the amount of 100% of the value of the work not performed, according to the schedule of prices agreed upon.
37. Repairs: All damages or alterations to City property resulting from the performance of work under these specifications during the term of contract shall be repaired or replaced immediately and in kind, to the satisfaction of the Director of Public Works and at no cost to the City. Repairs or replacements not completed to the satisfaction of the Director shall be deducted from the contract payment to cover costs.
38. Security and Safety: All employees of the Contractor shall be screened using previous work records for ability, reliability and eligibility. Complete employee records are to be maintained by the Contractor on each individual employed by the Contractor.
Only regularly assigned employees or crews shall perform work on City premises during authorized hours.
39. Oral Statements: No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in this Agreement. All modifications to the Agreement must be made in writing by the City.
40. Payment Terms: Unless otherwise indicated in the proposal form, payment terms will be net thirty (30) days. The City will pay the Contractor within thirty (30) days after the receipt of a correct invoice. The City will pay the Contractor within thirty (30) days after the receipt of a correct invoice for reasonable work allocable to the Contractor or after the date of acceptance of work that meets contract requirements, whichever event occurs later. Each assignment will be invoiced separately.
41. Right of Setoff: Whenever, under the Agreement, any sum of money shall be recoverable from or payable by the selected contractor to the City, the same amount may be deducted from any sum due to the Contractor under the Agreement or under any other agreement between the Contractor and the City. The rights of the City are in addition and without prejudice to any other right the City may have to claim the amount of any loss or damage suffered by the City on account of acts or omissions of the Contractor.
42. Suspension or Termination Without Cause: The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the selected contractor at least ten (10) working days prior written notice with cause or sixty (60) days without cause. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
In the event this Agreement is terminated pursuant to this section, the City shall pay the Contractor for services rendered up to the time of termination. Upon termination of the Agreement pursuant to this section, the Contractor shall submit the final invoice to the City within ten (10) working days of the last date of work performed 27 of 61
March 1, 2022, Item #6
43. Wage Rate: Pursuant to the Labor Code of the State of California, or local laws applicable thereto, the City has ascertained that the Contractor shall be responsible for paying at least minimum wage as established by the State of California, Department of Industrial Relations (Labor Code section 1770). The selected contractor and all subcontractors are required to keep accurate payroll records. This section specifies the content thereof, inspection and duplication procedures, and certain notices required of the Contractor pertaining to their location. [Remainder of Page Left Blank Intentionally]
28 of 61
March 1, 2022, Item #6
SECTION Ill
TECHNICAL SPECIFICATIONS
1. Purpose: The purpose of this contract is to provide comprehensive Trucking and Operator Services for the City of Poway. The City proposes to contract with a service agency that is proactive in their work standards and can meet the qualifications set forth in this proposal package.
2. Method of Performing Work:
a. Methods of Operation: The Contractor shall be responsible for the safety, adequacy, and efficiency of the Contractor's personnel, equipment and methods. The approval of the City of any plan or method of work proposed by Contractor shall not relieve the Contractor of any responsibility thereof, and such approval shall not be considered an assumption by the City of any kind of liability, and the Contractor shall have no claim under this contract on account of failure or inefficiency of any plan or method so approved.
Such approval shall be considered and shall mean the City has no objection to the Contractor's use or adoption at the Contractor's own risk and responsibility, of the plan or method so proposed by the Contractor. b. Scheduling of Operations: Contractor shall perform this work at such time as to minimize disturbance or interference to residents, and pedestrian or vehicle circulation. Work described, as being performed daily shall be performed Monday through Friday between the hours of 7:00 a.m. to 6:00 p.m. unless otherwise authorized. The driver's start time begins upon arrival at the job site, at the scheduled time given. The driver's stop time is when the onsite Project Manager signs the driver's time sheet. If the driver is asked to dump a load of material outside of the City limits, an additional 30 minutes will be posted to the driver's time sheet.
c. Holiday Operations: There shall be no work on weekends or holidays on which City Hall is closed. Deviation from these hours will not be permitted without the prior consent of the Director, except for emergencies involving immediate hazard to persons or property.
d. Safety: All work performed under this Agreement shall be performed in such manner as to provide maximum safety to the public and comply with all safety standards required by Cal-OSHA. The City reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this agreement.
3. Daily Tickets: Separate daily time tickets shall be submitted by the Contractor with the correct working hours to the Onsite Project Manager or to the City's Public Works offices within 24 hours.
4. Personnel: The City shall, throughout the life of the Agreement, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by 29 of 61
March 1, 2022, Item #6
the selected contractor. If the City reasonably rejects staff or subcontractors, the selected contractor must provide replacement staff or subcontractors satisfactory to the City. The day-to-day supervision and control of the selected contractor's employees and subcontractors is the sole responsibility of the selected contractor.
Drivers are to hold Class A Driver's Licenses with proper endorsements to operate dump trucks and must have a minimum five years of experience working in a construction work zone. The driver must have his/her valid license with proper endorsements in his/her possession while performing on the job for the City of Poway.
They will adhere to all code standards of the City of Poway, EPA and any other state and federal requirements.
5. Productive Man-hours: The determination of the total daily productive man-hour requirements for the performance of all services herein is the sole responsibility of the Contractor. It is of the utmost importance that the Contractor utilizes skilled and productive manpower in order to satisfactorily furnish the required level of service specified in this solicitation. Failure on the part of the Contractor to utilize skilled and productive manpower may produce unsatisfactory results, which may cause the Director of Public Works to make adjustments to the Contractor's invoice(s) for unsatisfactory or omitted work.
6. Local Office: The selected contractor shall maintain a local office within the County of San Diego and shall have a competent representative available during work hours to discuss matters pertaining to the contract and who can make authoritative decisions.
At all times during the term of this contract, the selected contractor shall provide the City with a twenty-four (24) hour per day, seven (7) day per week emergency phone number. An answering service is not acceptable, except when forwarding oral complaints (which shall be followed by written notice). Within two (2) hours after an emergency call is made requesting the contractor to perform emergency services, the contractor shall be on site to commence the required service.
7. Cooperation and Coordination with other Contractors: The Contractor shall cooperate with all other contractors who may be performing work on behalf of the City and workers who may be employed by the City on any work in the vicinity of the work to be done under this Agreement. The Contractor's operation shall interfere to the least possible extent with the work of such contractors or workers. Any difference or conflict that may arise between the Contactor and other contractors, or between the Contractor and City workers, with respect to execution of their work, shall be adjusted and determined by the City. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or contractors, the Contractor shall have no claim against the City on that account other than for an extension of time.
8. Sound Control: Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to this contract. Operations that generate excess noise, e.g. running any type of power 30 of 61
March 1, 2022, Item #6
equipment, would not be allowed before 8 a.m. so as not to disturb the residents of the area.
9. Hazardous Conditions: Contractor shall maintain all work sites free of hazards to persons and/or property resulting from their operation. Any hazardous conditions noted by the Contractor that is or is not a result of their operation shall immediately be reported to the City of Poway Public Works Department at (858) 668-4700 or the designated Contract Specialist.
10. Technical Specifications:
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a. Trucking services and operators will be used in conjunction with ongoing City projects and maintenance activities.
b. All maintenance, repairs and fuel will be provided by the Contractor. c. All trucks are to be California DOT approved and in good mechanical condition. All trucks shall be not more than 10 years old at the start of each contract cycle. The trucks may be checked at any time by the City's Vehicle Maintenance Supervisor or designee(s) to ensure they meet all appropriate standards.
d. Trucks and drivers are required to be available within a 24-hour (weekday) notification.
e. City onsite Project Managers and Supervisors responsible for an operation that requires dump trucks and drivers will continually evaluate the performance of the trucks and drivers. Termination of services can occur if the drivers are not performing to the satisfaction of the onsite Project Manager.
f. Rental of the trucks and drivers will be for a minimum of six hours per day (Monday through Friday between hours of 7:00 a.m. to 6:00 p.m.), not including down time for maintenance or repair.
g. Cost is all-inclusive for the operation of the dump trucks and drivers performing specified work.
h. The maximum number of trucks per project will up to 5 (five). i. Trucks will be 10-yard dump trucks or "Big 10 dump trucks" or any combination of these vehicles.
j. Trucks must be able to haul a minimum of 15 tons.
k. Trucks must be able to dump into a paver and be pushed by a paver without damage to glad hands, apron or mud flaps.
March 1, 2022, Item #6
32 of
61 I.
Any trucks
with
a
potential
of
damaging
the
paver
will
be
excused
from
the
project.
[Remainder
of
Page
Left
Blank
Intentionally]
March 1, 2022, Item #6
SECTION IV
DOCUMENTS TO BE EXECUTED BY THE PROPOSER
[Remainder of Page Left Blank Intentionally]
33 of 61
March 1, 2022, Item #6
FEE SCHEDULE
Price(s) shall include overhead:
Service Type: One Operator, One Vehicle
Mon-Fri Total$
7:00 am -6:00 pm Total (In Words):
Total$
After Hours & Saturday Total (In Words):
Total$
Sunday & Holidays Total (In Words):
34 of 61
March 1, 2022, Item #6
SIGNATURE SHEET
Proposer agrees that her or his proposal shall remain open and not be withdrawn for a period of ninety (90) days from the deadline submittal. Proposer also agrees that if they are the successful bidder she or he will sign and return the Agreement within ten (10) working days after receipt of Notice of Award along with the certificates of insurance and endorsements and other certifications as required under the RFP Documents. Failure to complete all information may render your proposal non-responsive [***Indicate not applicable ("N/A") where appropriate.***]
Name of Proposer/Company: ____________________ _
Address: ----------------------------
Telephone No.: (..___ _ __,) _________ Facsimile No.: ( __ ~) ____ _ Email: -----------------------------
State of California
Contractor's License No. ___________ Classifications(s) ____ _ Expiration Date: ______ _
Type of Firm (select one): D Individual D Partnership D Corporation D M/WBE D Incorporated □Traded D Sole Owner D Other
Department of Industrial Relations Registration Number:
SSN or Federal ID Number: ---------------------
By signing below, I attest that I am an authorized representative/agent, that I am authorized by my signature to bind this company contractually and certify under penalty of perjury the accuracy of the representations made on the Bid and related forms.
DATE:
SIGNATURE: --------------------------
PRINTED NAME:
TITLE: -----------------------------
35 of 61
March 1, 2022, Item #6
TRUCKING AND OPERATOR SERVICES
Company Information: Please provide the following information:
Sales Information:
1. Company total dollar sales for 2020
2. Has your company ever filed for bankruptcy? Yes: No:
If yes explain in detail the reason why, filing date and current status:
Management Information: (Provide attachments if spaces provided is insufficient)
1. Enclose the resume of your proposed Superintendent and other key Personnel:
2. 3.
4. 5.
6. 7.
Total number of employees in San Diego?
Describe your company quality assurance program:
Describe in detail what training you currently have in house or under Contract for your employees:
Describe in detail your safety program (Attach any supporting documentation):
Has your company ever been terminated on a Contract for unsatisfactory performance? Yes: No: __ If yes, describe in detail:
Does your company have 24 hours emergency
services? Yes No
8. Provide your financial reference with contact and phone number:
36 of 61
March 1, 2022, Item #6
9. 10.
Experience:
Is your company presently providing Trucking and
Operator Services for any major accounts similar to Yes the scope of this RFP?
Is your company presently providing Trucking and
Operator Services for any major accounts located
in the County of San Diego similar to scope of this Yes RFP?
I certify that all the above information is correct to the best of my knowledge:
Signature of
Proposer
37 of 61
Date:
[Remainder of Page Left Blank Intentionally]
No
No
March 1, 2022, Item #6
STATEMENT OF FINANCIAL RESPONSIBILITY, TECHNICAL ABILITY AND
EXPERIENCE
The proposing contractor is required to state what work of a similar character to that included in the proposed contract she or he has successfully performed within the past two years and give references that will enable the City to judge responsibility, experience, skill, and business training. The proposing contractor, undersigned, submits herewith a statement of (her or his) financial organization to verify the undersigned's order of responsibility and authority as well as sufficiency of staff to perform required work.
The undersigned submits below a statement of the work of similar character to that included in the proposed contract, which she or he has successfully performed. At a minimum, this document should include:
■ The names of the company and/or individual(s) who will be assigned to fulfill contractual obligations.
■ All subcontractors, with qualification summaries of all individuals. ■ Similar past work performed by the firm/individual making this proposal. 38 of 61
Signature
of
Proposer:
Date:
-----------------
March 1, 2022, Item #6
REFERENCES
Provide least three (3) references:
Reference Contract Type of Business Start & Finish
Name/Address/Phone Amount (Government, Dates of
Private, etc.) Contract
39 of 61
March 1, 2022, Item #6
SUBCONTRACTORS
List
of
Subcontractors:
The
following
information
relative
to
the
Subcontractors
and
suppliers
proposed
to
be
used
must
be
furnished
to
the
City
as
part
of
this
proposal.
If
all
work
is
to
be
done
without
Subcontractors,
write
"none"
here:
-------
Name
under
which
Class/License
Address
of
Office
or
Type
of
Work
Subcontractor
is
Number
Shop
and
Telephone
Subcontractor
Will
Licensed
No.
Do
Suppliers
Name
of
Supplier
Address
&
Telephone
No.
Type
of
Material
[Remainder
of
Page
Left
Blank
Intentionally]
40 of
61 March 1, 2022, Item #6
NON-COLLUSION AFFIDAVIT
To the City Council, City of Poway, California:
The undersigned in submitting a proposal for performing the following work by Agreement, being duly sworn, deposes and says:
That she or he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with such Agreement, for:
TRUCKING AND OPERATOR SERVICES
Business Name: -----------
Business Address: -----------
Signature of Proposer: __________ _
Place of Residence:
Subscribed and sworn before me this ___ day of _________ , 2021.
Notary Public in and for the County of
,State of California -----------
My commission expires __________ _
(This affidavit shall be executed by the successful Proposer in accordance with instructions in the Federal Requirements, but Proposer may execute the affidavit on this page at the time of submitting proposal.)
41 of 61
March 1, 2022, Item #6
42 of 61
APPENDIX A
SAMPLE AGREEMENT
[Remainder of Page Left Blank Intentionally]
March 1, 2022, Item #6
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this ___ day of ______ , 20_, by and between the CITY OF POWAY (hereinafter referred to as "City") and ____________ (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private Consultant to perform for the ---------------------------- (Project); and
WHEREAS, Consultant is a(n) ________________ _
Consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in 43 of 61
March 1, 2022, Item #6
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.
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 44 of 61
March 1, 2022, Item #6
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.
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
45 of 61
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (8) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
[8J 1. Consultant/Consultant will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and 8 above.
No disclosure required.
March 1, 2022, Item #6
D 2. Consultant/Consultant will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Consultant shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Consultant.
At all times during the term of this Agreement, Consultant shall be an independent Consultant and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 46 of 61
March 1, 2022, Item #6
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.
(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.
47 of
61 March 1, 2022, Item #6
(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.
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.
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March 1, 2022, Item #6
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.
Consultant hereby certifies that all persons providing services to City by Consultant are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.
49 of 61
March 1, 2022, Item #6
Consultant further provides that in the event Consultant 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, Consultant 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 Consultant 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)
50 of 61
March 1, 2022, Item #6
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, City Clerk
APPROVED AS TO FORM:
CONSULTANT
By:-----------
Name, Title
Date: ------------
By:-------------
Alan Fenstermacher, City Attorney
51 of 61
March 1, 2022, Item #6
SPECIAL PROVISIONS
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the _________ services further described in the Scope of Services submitted with the proposals dated _________ , which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated __________ , which are included in this document as Attachment 2. Total fee is not to exceed $ _______ . 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 ________ , and ending _________ , unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement 52 of 61
March 1, 2022, Item #6
all of the following insurance coverages:
(a) Comprehensive General Liability. including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) 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.
53 of 61
March 1, 2022, Item #6
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Consultant:
54 of 61
City of Poway
P.O. Box 789
Poway, CA 92074
Complete Name and Address
March 1, 2022, Item #6
EXHIBIT "B"
Cal Gov Code § 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated > GOVERNMENT CODE> Title 1 General > Division 7
Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a) This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement.
(e)
55 of 61
(1) 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 March 1, 2022, Item #6
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 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:
56 of 61
(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.
March 1, 2022, Item #6
(3) The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4) The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g) A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h) This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code.
(i) This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 57 of 61
March 1, 2022, Item #6
GUARANTY
To the City of Poway, City Council, for:
TRUCKING AND OPERATOR SERVICES
The undersigned guarantees the work included in this project(s).
Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Agreement is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.
Contractor Signature
Date
**TO BE SUBMITTED WITH EXECUTED AGREEMENT**
58 of 61
March 1, 2022, Item #6
WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Consultant to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Agreement:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement." Consultant
By:
Title
Date
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
**TO BE SUBMITTED WITH EXECUTED AGREEMENT**
59 of 61
March 1, 2022, Item #6
Addendum No. 1
Trucking and Operator Services
RFP No. 22-011
November 16, 2021
To All Prospective Bidders:
The following changes to the contract specifications and plans for the above referenced project. This addendum is hereby made part of the contract documents to the same extent as if they were originally included therein. Receipt of this addendum shall be acknowledged with the bid submittal for this project.
1. "All questions about the Contract and technical portions of the Request for Bid, must be submitted in writing by January 10, 2021 to the City Representative as follows: Amelia Dominguez, (858) 668-4757, [email protected]"
2. "Sealed bids will be received the Public Works Administration Office, 14467 Lake Poway Road, Poway, CA 92064, until 2:00 p.m., January 25, 2022, at which time they will be publicly opened by a City representative and read. Bids shall be submitted in plain, sealed envelopes and marked on the outside with the bid title: TRUCKING AND OPERA TOR SERVICES No. 22-011"
All bidders shall acknowledge receipt and acceptance of this Addendum No. 1 by signing in the space provided and submitting the signed Addendum with the bid.
Failure to do so will render your bid non-responsive.
11/16/2021
Amelia Dominguez, Management Analyst Date
Receipt acknowledged by:
Authorized Signature/Company Name
60 of 61
March 1, 2022, Item #6
ATTACHMENT #2
FEE SCHEDULE
Price(s) shall include overhead:
--~···-··---·-•---· -·
Service Type: One Operator, One Vehicle
..
Mon-Fri Total $112.00 per hour
7:00 arn -6:00 pm Total (In Words):
One Hundred Twelve oer hour
Total $112.00 .9-er hour
After Hours & Saturday Total (In Words):
One Hundred Twelve per hour
--···--------··--·-·-·••·--··---------·
Total $ 112.00 per hour
Sunday & Holidays Total (In Words):
One Hundred Twelve per hour
-~~-------------··--
20 61 of 61
March 1, 2022, Item #7
DATE:
TO:
FROM:
SUBJECT:
M EMQRAN DLJ M City of Poway
March 1, 2022
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
(858) 668-4535 or cgallagher@p~ay.org
Appointments to the Budget Review Committee
The City Clerk's Office accepted applications from January 10, 2022 through February 10, 2022. The City received four applications from residents wishing to serve on the Budget Review Committee (BRC). Redacted copies of the applications are attached. Staff received the following nominations from Council:
Budget Review Committee - 3 Vacancies
Mayor or City Councilmember
Mayor Vaus
Councilmember Leonard
Councilmember Grosch
Nominee
Cindi Maher
John Couvrette
Chris Pikus
Length of Term
Two Years Ending December 31, 2023
Two Years Ending December 31, 2023
One Year Ending December 31, 2022
Staff recommends City Council concur to appoint three members to the BRC with the terms noted above.
Attachments:
A. Budget Review Committee Applications
1 of 12
March 1, 2022, Item #7
OFFICE OF THE CITY CLERK
COMMITTEE APPLICATION
OFFICE USE ONLY
RECEIVED
F 8 0 l 2022
CITY OF POW Y
\TY CLERK'S OFFICE
This is a fillable form. You may submit your signed, completed application as an attachment via email to [email protected] by mail or in-person at City Hall, 13325 Civic Center Drive, Poway, CA 92064, or by fax to 858.668.1203.
For assistance, please conta the City Clerk's office at 858.668.4530.
NO E: Please complete this application in full (attach a resume or other information which may assist the Council in making its selection) If you are applying for more han one committee, please rank your preference with 1 as your first choice. Your application/biographical information will be copied for the City Council and made available to the press and public. ~ Budget Review Committee
Preference if applicableO
D Parks and Recreation Advisory Committee
Preference if applicable D
Name~ jcindi Maher Home Phone: liiiiii_J C II Phone: liiiiiiiii___] Email Address: ~_r@_c_o_x_.n_e_t _______________________ __, Residence Address: (______P_o_w_a_y_, _C_A_9_2_0_6_4_-3_9_6_6 ____________ __, Are you a resident of Poway? Yes~ No D How long? 1 ..... ~_1_y_e_a_r_s ___ __ Are you a registered voter? Yes~ No D
City Boards, Commissions or Committees on which you have previously served:
Employer: I icon Building Supplies, Inc.
Occupation: (if retired, please indicate former occupation or profession) l'-B_o_o_k_k_e_e...;.p_e_r _________ ____, Education:
Professional and/or Community Service Activities:
Vice Regent, Daughters of the American Revolution
What are your principal areas of interest in our city government, and what experience or special knowledge can you bring to those areas?
Fiscal responsibility
2 of 12
March 1, 2022, Item #7
Committee Application
What do you hope to accomplish by your participation?
Knowledge of budget process
Appointees and incumbents are required to 1} file a Statement of Economic Interests disclosing any financial interests in accordance with California Government Code and the City's Conflict of Interest Code; 2} complete AB 1234 Ethics Training required by California Government Code 53234 within the first year of appointment and every two years thereafter; 3) uphold the City's Code of Ethics; and 4) complete sexual harassment prevention training and education within the first 6 months of appointment and every two years thereafter, as required by California Government Code 53237. Noncompliance will result in automatic removal from the committee.
Applications will be kept on file by the City Clerk for one year from the date of submittal.
I DECLARE, UNDER PE ALTY OF PERJURY, THATTHE FOREGOING INFORMATION IS TRUE AND CORRECT. 02/01/2022
Date
Your appllcatlon/biographlcal information will be copied for the City Council and made available to the press and public. 3 of 12
March 1, 2022, Item #7
OFFICE USE ONLY
OFFICE OF THE CITY CLERK
COMMITTEE APPLICATION JAN l 8 2022
Cl Of POWAY
1 ·,1ifYfCL8RK:S FFICE
This is a fillable form. You may submit your signed, completed application as an attachment via email to dtyderkra>po ,ay.org. by mail or in-person at City Hall. 13 325 Gvic Center Drive, Poway, CA 92064, or by fax to 858.668.1203.
For assistance. please contact the City Clerk's office at 858.668.4530.
NOTE: Please complete this application in full (attach a resume or other information which may assist the Council in making its selection). If you are applying for more than one committee, please rank your preference with 1 as your first choice. Your application/biographical information will be copied for the City Council and made available to the press and p blic. ~ Budget Review Committee
Preference if applicable□
D Parks and Recreation Advisory Committee
Preference if applicable D
Name: I John Couvrette Home Phone: I _______ ..... Cell Phone: iiiiiiiii__J Email Address: @halcyonca_com
Residence Address: liiiiiiiiiiiiii_P_o_w_a_y_, _C_A __________________ ___.
Are you a resident of Poway?
Are you a registered voter?
Yes~ NoO
Yes~ No D
How long ?I.__ 2_6_y_e_a_rs ___ ___.
City Boards, Commissions or Committees on which you have previously served:
jNone
Employer: I Halcyon Real Estate
Occupation: (if retired, please indicate former occupation or profession) I Real Estate and Property Managemel Education: I Bachelor of Business Administration -University of San Diego 1984 Professional and/or Community Service Activities:
See attached
What are your principal areas of interest in our city government, and what experience or special knowledge can you bring to those areas?
I See attached
4 of 12
March 1, 2022, Item #7
Committee Application
What do you hope to accomplish by your participation?
My intent is to gain a better understanding of city operations, perhaps help in the budget process and be a part of how the budget is presented to citizens.
Appointees a d incumbents are required to 1) file a Statement of Economic In erests disclosing any financial interests in accordance with California Government Code and the City's Conflict of Interest Code; 2) complete AB 1234 Ethics Training required by California Government Code 53234 within the first year of appointment and every two years thereafter; 3) up old the City's Code of Ethics; and 4) complete sexual harassment prevention training and education within the first 6 months of appointment and every two years thereafter, as required by California Government Code 53237. Noncompliance will result in automatic removal from the committee.
Applications will be kept on file by the City Clerk for one year from the date of submittal.
I DEC ARE, U DER F PWURY, THAT THE FOREGOING INFORMATION IS TRUE AND CORRECT. /
Date
Your application/biographical information will be copied for the City Council and made available to the press and public. s of 12
March 1, 2022, Item #7
City
of
Poway
Budget
Review
Committee
Application
John
Couvrette
01.15.22 Professional
and/or
Community
Service
Activities:
•
CFO
of
Poway
Chamber
of
Commerce
•
President
of
Poway
Kiwanis
Club
•
Committee
Chair
of
the
Chamber
Non-Profit
Consortium
•
5th
Grade
math
tutor
at
Valley
Elementary
•
17 year
(34+
seasons)
former
youth
sports
coach
in
Poway
•
Former
Board
positions
for
PNLL,
PGSL
and
Pop
Warner
What
are
your
principal
areas
of
interest
in
our
city
government, and
what
experience
or
special
knowledge
can
you
bring
to
those
areas?
• I
am
very
interested
in
the
financial
planning
and
management
of
the
city
operations.
My
37+
years
in
various
business
roles
enables
me
to
bring
to
the
city
an
understanding
of
budget
process
and
then
articulating
the
budget
to
a wide
spectrum
of
individuals.
6 of
12 March 1, 2022, Item #7
OFFICE OF THE CITY CLERK
COMMITTEE APPLICATION JAN 2 2022
Cl OFPO Y
CLERKS OFFICE
form. You may s bmit your signed, completed application a n attachmen via mail 1 by m ii or in-person at City Hall. 13325 Civic Center Drive. Poway, CA 92064. or y fax o 858.668.1:
For assistance, please contact the City Clerk's office at 858.668.4530.
NOTE Please co plete this application in full {attach a resume or other information which m y ssist the Council in ma~ is s lection). If you are applying for more t an o e committee, please rank your preference with 1 as your first choice. Y application/bi raphical information will be copied fort e City Council a d made available to the press and public Li Budget Review Commi ee
Preference if applicable EJ
EJ Parks and Recreation Advisory Committee
Preference if applicable D
Name: !Marianna Bacilla Home Phone: Cell Phone:
Email Address: [email protected]
Residence Address: Poway California 92064
------
Are you a resident of Poway? Yes EJ How long? ..... 14_1_ye_a_rs ___ _ Are you a registered voter? Yes EJ No D
City Boards, Commissions or Committees on which you have previously served:
I Poway Tr ils and Open Space Volunteer Advisory Board
Employer: !Retired, San Diego Unified School District
Occupation: (i retired, please indicate former occupatio or profession) !special Education Teacher Educatio : !BA Liberal Studies, Certificated Special Education Teacher Professional and/or Communi y Service Activi ies:
11 Jeilll"S
1n,nic.1h il!,
fr,H
p
PN!:C t:>omQod ~-0 1 ,, Leocer
Hou i: ct
What are your principal areas of inter st in our city go ernment, and what experience or special knowledge can bring to those areas?
I am inte ested i strengt ting our sense of community. working together. through communica.ion and relationship building in order to su port a healthy future for Poway's businesses, schools. and families. i.Ay principal areas of interest are land use planning, and Safety Services I have a stronq backqround in leadership and orqanizational skiils. 7 of 12
March 1, 2022, Item #7
8 of
12 MARIANNA
BENEDICT·
~CILLA
, Pow
y,
CA
92064
♦
C:
-
♦ rr:111
[email protected]
mariannabacilL
PROFESSIONAL
SUMMARY
Throughout
my
18 years
as
an
Ed
cation
Specialist,
Special
Day
Clas
s teacher,
teaching
children
with
diverse
co
nitive
le
rn
ing
challenges,
I have
strived
to
provide
an
engaging
and
positive
student
driven
, instructio
a
learning
environment
in
core
conten
areas,
teaching
in
a
sel
f-contained
special
day
class
setting,
and
col
labo
and
co
-teaching
in
a general
education
setting.
1 am
proficient
at
emplo
ing
new
te
chnologies
into
the
specia
education
curr
iculum,
and
pro\iiding
quality
integrated
learning
experiences
and
practical
supports
necessary
students
of
all
bili
y
I v
I
tori
to
heir
highe
t levels
of
performa
ce
I am
proficient
at
teach
ing
b
th
cor
t
co
n
e
t and
prioritized
core
content
standards.
I am
experie
ced
in
planning
and
implementa
ion
of
staff
trai
for
optimal
service
delivery,
assessing
s
ude
ts
ith
both
standardized
and
alternativ
asse
sment
, and
writir
effective
individual
education
plans,
including
positive
behavior
support
plans.
I strive
to
provide
a
positive
ar
proactiv
I
rning
e
vironmen
t for
all
students
Mild/
Moderate
Level
II
Clear
Credent
ial
18 years
certific
ted
classroom
experience.
5 years
Autism
Ear
ly
I
tervention
Paraprofessional Proficient
in
standardized
and
al
tema
ive
assessment
admin
·stratron
SKILLS
Proficient
in
designing
a d
implementing
staft
nd
student
i
dividu
al
·c
heduling
trix
Proficient
i
posi
tive
behavior
support
and
conflict
resolution
techniques
Proficient
in
prog
raming
for
learn
ing
progress
ion
framework
for
core
co
ntent
and
pr
ioriti
ze
co
r
co
ntent
t
ndard
s.
Proficient
in
prov
iding
instructiona
l
environments
to
support
diverse
stude
t
eeds
Profi
.,
nt in
designing
student
programs
geared
toward
attainment
of
optimal
co
mu
11ication
and
inde
endence
WORK
HISTORY
Education
Specialist
, 09/
1999
to
06/2017
San
Diego
Unified
School
District
-
4080
Governor
Drive
•
Developed
and
imp!
ment
programs
and
strategies
to
meet
the
di'lerse
academic
and
social
e
otional
needs
of
all s
udents
.
•
Taught
re
ading
, language
arts
a d
social
sciences
in
a
self-contained
lass
room
March 1, 2022, Item #7
9 of 12
• Taught Soc ~kills Instruct students with disabiiities, in OHi, POD, Down Syndrome, Angelman Syndrome
'ing Autism Spectrum Disorder, SU,
• Developed, implement, and maintain data for Individualized Education Plans • Developed, implement, and maintain data for Positive Behavior Support Plans Devetop and coordinated special education students and teacher assistant schedules • Established a safe and healthy optimal learning environment for all students.
Special Education Assistant -Autism Early intervention Program, 09/1993 to 06/1998 Poway Unified School District -15250 Avenue of Science, San Diego, CA 92128-3406 • Provided DDT Therapy, S.G. Floor-time, Pivotal Response, T.E.A.C.C.H Trained in Assaultive Behavior Management Developed safe and nurturing classroom and in-home learning environments Developed instructional materials Attended weekly staff training sessions.
PROFESSIONAL SUMMARY SKJLLS WORK HISTORY
Respite Care Provider, Camp Red Support Provider, 12/1993 to 1998 Teri Incorporated -TERI Campus of Life, 251 Airport Road, Oceanside, CA 92058 • Provided in-home respite care, camp counselor assistance, camp transportation • Created strategies to meet the diverse needs of families and students • Supported and taught a life skills
• Redirected students using Positive Behavior Support
• Established a safe and healthy play environment for the students
EDUCATION
Education Specialist: Special Education, Mild/Moderate
2011 National University -9388 Lightwave Ave, San Dieoo, CA 92123 Autism Added Authorization: Autism, 2016
Project Optimal -240 E. Highway 246, Suite 210., Buellton CA, 93427 Bachelor of Arts: Liberal Arts, 1998
Cal State San Marcos -333 S. Twin Oaks Valley Rd, San Marcos, CA 92096
AFFILIATIONS
C.A.R.S + (California Association of Resource Specialists and Special Education Teachers) House of Lithuania, House of Pacific Relations 1990-2012 San Diego TIP (Tra •ma Intervention Team) 2008-2018
City of Poway CERT Team Team Leader 2009-Present
PNEC Poway Emergency Neighborhood Corps 2020-present
American Red Cross San Diego/ Imperial Counties Volunteer 2017 -Present PACT -Poway Auxiliary Communication Team 2017 -Present
City of Poway Trails Committee 2020 -Present
Poway Historical Society Board Member 2021 -Present
City of Poway Sister Cities Delegate 2005
March 1, 2022, Item #7
Committee
Application
Page
2 What
do
you
hope
to
accomplis
by
you
r part
icipation?
I
ope
to
gain
a
bet
er
unde
standing
o
what
is requ
ired
for
a
healt'
y city
go
ernmen
t to
fun
ctio
, s a e
m
y ideas
:
concerns
. and
to
respect
ully
serve
as
a
liaison
of that
information
to
our
Poway
residents
as
appropria
e.
My
understanding
of
the
vol
nteer
positio
is
to
he
lp c
larify
the
budge
proposal
by
means
of
improv
ing
the
forma
t of
tt
budge
t in
order
t
at 1t
be
easily
read
and
comprehended.
Appointees
and
incumbe
ts
are
required
to
1)
file
a
Statement
of
Economic
Inter
ests
disclosing
any
fin,
inter
sts
in
accord
nee
with
California
Gover
ment
Code
and
the
City
's C
nflict
of
Interest
Code; 2
) comple
i 234
Et
ics
Training
required
by
Califor
ia
Government
Code
53234
with
in
the
first
year
of
appointme
t and
two
years
thereafter;
3) uphold
t
e
c,
's
ode
of
Ethics;
and
4)
complete
sexua
l h
rassment
prevention
tra
and
edu
cation
wi
hin
the
firs
6 months
of
appointment
and
every
wo
years
ther
after,
as
required
by
Ca
li!
Government
Code
53237.
oncompl1ance
will
resu
lt in
automatic
removal
from
the
committee.
Applicat
ions
will
be
kept
on
file
by
he
City
Clerk
for
one
year
from
the
date
of
subm
ittal.
I DECLARE,
U
DER
PE
ALTY
OF
PERJUR
Y,
THAT
HE
FOREGOING
INFORMATION
IS
TRUE
A D
CORRECT.
I-
I
Date
10 of
12 March 1, 2022, Item #7
OFFICE
OF
THE
CITY
CLERK
COMMITTEE
APPLICATION
OFFICE
USE
ONLY
RECEIVED DEC
3 0
202
1 CITY
OF
POWAY I
This
is
a
fillable
form.
You
may
submit
your
sig
ed,
completed
application
as
an
attachment
via
email
to
cityclerk@poway
.org, by
mail
or in-pers
on
at
City
Hall
, 13325
Civic
Center
D
·ve
, Poway.
CA
92064,
or
by
fax
to
858.668
.1203.
For
assistance,
please
contact
the
City
Clerk
's office
at
858.668.4530.
OTE:
Please
complete
t
is
application
in
full
(attach
a
resume
or
other
infor
mation
which
may
assist
the
Council
in
aking
its
selection).
If
you
are
app
lying
for
more
than
one
committee,
please
ra
k
yo
r preference
with
1 as
your
first
choice
. Your
application/biographical
infor
ation
will
be
copied
for t
he
City
Counci
l and
made
available
to
the
press
and
public.
~
Budget
Rev
iew
Committee
Preference
if applicable
D
D
Parks
and
Recreation
Advisory
Committee
Preference
if
applicable
D
Name:
I Christopher
J
Pikus
Home
Phone:
._I
_____
__.
Cell
Phone:
~
Email
Address:
@mac.com
Residence
Add
ress
:_e
______
_
__
_______
____
_
__,
Are
you
a resident
of
Poway?
Yes
~
No
D
How
long?
! 2003-07
, 2015
-present
I
Are
you
a registered
voter?
Yes~
No
D
City
Boards,
Commissions
or
Com
ittees
on
which
you
have
previously
served:
none Employer
: j Broadcom
Corp.
Occupation:
(if
retired,
please
indicate
former
occupation
or
profession)
..... 1 M_a_s_te_r_E_ng_
in_e_e_r
____
__
_
__.
Educat
ion:
1986
B.S.
Electrica
l Engin
eering
, Case
Wes
tern
Reserve
Univ
;
1997
J.D.
with
Distinction,
Univ
of Iowa
Professiona
l and/or
Community
Service
Activities:
I was
on
finance
council
for
Our
Lady
of
Angels
Catholic
Church
San
Diego;
2003-2020.
I also
volunteered
with
Cat
Adoption
Service
(www.sdcats.org);
2004
-2020.
What
are
your
principal
areas
of
interest
in
our
city
governme
t,
and
what
experience
or
specia
l knowledge
can
you
bring
to
those
areas?
From
my
15 years
on
OLA's
finance
council,
I've
seen
a
lot
of
budgets
and
know
my
way
around
a
profit
&
loss
statement
and
a
balance
sheet.
Being
a
somewhat
poor
parish,
good
stewa
rdship
was
essential. In
law
school,
I focused
on
axat
ion
and
corporate
law.
11 ot
12 March 1, 2022, Item #7
Committee Application
What do you hope to accomplish by your participation?
I'm happy with the way the city is run and want to see it continue to be well managed. If I can help Poway continue to prudently manage its finances, I would be honored to serve.
Appointees and incumbents are required to 1) file a Statement of Economic Interests disclosing any financial interests in accordance with California Government Code and the City's Conflict of Interest Code; 2) complete AB 1234 Ethics Training required by California Government Code 53234 within the first year of appointment and every two years thereafter; 3) uphold the City's Code of Ethics; and 4) complete sexual harassment prevention training and education within the first 6 months of appointment and every two years thereafter, as required by California Government Code 53237. Noncompliance will result in automatic removal from the committee.
Applications will be kept on file by the City Clerk for one year from the date of submittal.
I DECLARE, UNDER PENALTY OF PERJURY, THAT THE FOREGOING INFORMATION IS TRUE AND CORRECT.
Digitally signed by Christopher J
Christopher J Pikus Pikus
Date: 2021.12.30 23:15:20 -08'00'
12/30/2021
Signature of Applicant Date
Your application/biographical information will be copied for the City Council and made available to the press and public. 12 of 12