TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
June 7, 2022
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works (~
Jessica Parks, Utilities Administrator, Public Works ~
(858) 668-4703 or [email protected] W r
CITY COUNCIL
Approval of a First Amendment to the Contract for the Sale and Purchase of Goods and Materials with Univar Solutions USA Inc. for the Purchase of Water Treatment Plant Chemicals; RFB No. 21-023
The City of Poway (City) 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, the City Council awarded a two-year contract to Univar Solutions USA Inc. (Univar), in the amount of $176,646 for the purchase of required chemicals. Since awarding the contract, Univar sent a notice about product shortages and cost increases beyond the contracted amounts. Staff recommends approval of the attached amendment to address the cost increases for chemical purchases. The requested amendment will increase the contract's not-to-exceed amount to $350,000.
Recommended Action:
It is recommended the City Council approve the first amendment to the contract for the sale and purchase of goods and materials to Univar Solutions USA Inc. and authorize the City Manager to execute the necessary documents.
Discussion:
On May 4, 2021, the City Council awarded a two-year contract to Univar for the purchase of aluminum sulfate and caustic soda at $375 per ton and $444 per ton, respectively. On March 17, 2022, Univar notified the City of cost increases for both chemicals beyond the contracted amounts. Staff met with Univar and discussed the causes for the increases, as well as the steps Univar was taking to contain and minimize the cost increases for chemicals. Due to supply constraints, inflationary operations costs, and inflationary transportation costs, the price for the chemicals has nearly doubled from last year. Staff contacted two other vendors for quotes, but the issues Univar is facing are nationwide, and staff could not obtain lower prices than what Univar presented. Beginning July 1, 2022, the 1 of 8
June 7, 2022, Item #11
proposed increases in price for aluminum sulfate and caustic soda are $600 per ton and $874 per ton, respectively.
At the March 1, 2022, City Council meeting, staff presented and the City Council approved a similar request for increased costs with other chemical vendors. While staff works to keep costs as low as possible, inflation and supply constraints are mutual issues among chemical vendors. These chemicals, while themselves are hazardous, are industry standard for use at water treatment facilities and are safely stored and used in compliance with state and federal regulations.
The treatment of the City's water is essential, and to avoid any lapse in the delivery of chemicals, staff requests approval of the amendment with Univar. As has occurred with our other chemical vendors, staff anticipates additional increases in the cost of aluminum sulfate and caustic soda and recommends an increase to the Univar contract from a not-to-exceed amount of $176,646 to a not to-exceed amount of $350,000.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Sufficient funds have been programmed in the Water Supply, Treatment and Storage Division (402060-45200) for the Fiscal Year 2022-23 budget to be considered by City Council. The amendment with Univar Solutions USA Inc. will be executed upon adoption of the proposed budget.
Public Notification:
None.
Attachments:
A. Letter from Univar Solutions USA Inc.
B. First Amendment
Reviewed/ Approved By:
;1kuJ ~
Wendil<.aserman
Assistant City Manager
2 of8
Reviewed By:
Alan Fenstermacher
City Attorney City Manager
June 7, 2022, Item #11
Univar Solutions USA Inc.
8201 S. 212th
Kent, WA 98032-1994
USA
T 253-872-5000
F 253-572-5041
www.univarusa.com
March 25, 2022
City of Poway
14467 Lake Poway Rd.
City of Poway, CA 92064
UnivarSolutions
RE: Renewal pricing for Aluminum Sulfate and Caustic Soda 50% Dear Jessica,
Please see the attached IHS report and letter from our supplier indicating an increase larger than the CPI allowed by the contract. Caustic Soda price increase starting on July 1st, 2022, the proposed increase in price is $430.00 per ton, to a price of $874 per ton. Aluminum Sulfate price increase starting on July 1st, 2022, the proposed increase in price is $225.00 per ton, to a price of $600 per ton.
The increases are based on the substantial increase in costs seen across the entire chemical industry combined with the increased cost of operations & transportation. Univar Solutions is not able to absorb the full impact of these increases without detriment to our long-term business & sustainability. Therefore, we too must increase the cost across our product portfolio. We remain committed to mitigating these impacts, ensuring we can reliably supply our commitments, and meeting our customers' expectations during these turbulent times in the market.
The City of Poway is an important customer to Univar, and we have a good working relationship with an excellent service record.
For Caustic Soda please see the attached IHS and Argus index reports for Sodium Hydroxide 50%, this report shows the price increase in the market. The Caustic Soda prices for the United States West Coast are driven by North East Asian export prices, which generally are lower than Domestic US contract & export values. Simply put, the West Coast goes as the global market goes.
For Aluminum Sulfate I have attached the letters from our suppliers. Sulfuric Acid, which largely drives the cost of Alum. Aluminum pricing (like most metals) has increased ~40% in the last year. Unfortunately, Alum is subject to the largest cost and price increases, since 2008.
ATTACHMENT A
3 of 8
June 7, 2022, Item #11
~
0 ....
00 FOB Northeast Asia ($/dst) FOB Northeast Asia ($/dst) -ln ~ ~ ......... ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 8 8 8 8 8 8 8 8 8 § § g g
~ 8 8 8 8 8 8 8 8 8 8 8 8 g 8 8 g 8 8 8 8 8 8 8 8
2017-05 · 2000 -01 +--------t-r--+---+----+
2017 -07 2000 -09
2017 -09 )> 2001 -05
~ ~ 2017 ll ~ 2002 -01 V,
v, 2002 -09 Z 2018
•
01 Z 2003-0.5 0
2018 -03 Q 2004-01 ~
" ::T 2018 0.5 ::T 2004 -09 ti)
m ~ 2018 -07 QJ 200505 <I'
V, "
I 2018 -09 " I 2006 -01 ?
J> 2018 -11 ? .. 2006 -09 -·
~ -· z ~
~ QJ ~ 2007 -05 v,
i 2019-01 V, ~ 200801 "C
~ 2019 03 "C ~ "'-"1---+---1- 0
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~ 2019 -05 ... " ~ 2009 ·05 L--4----t---1--- )>.
~ l> &;··· · <
~ 201907 < .,, 2010 ·01 ti)
~ m- . ~
2019 -09 cl 201009 ~
2019-11 ~ J> - 2011 -05 n>
J> ~ ~ 3i 2012 -01 ~
~ 2020 -01 ::s § 2012 -09 ~
~ 2020 -03 ~ ~ 2013 -05 C:
v, C: S' I v,
~ 202005 V, ~ 2014 ·01 I :e
g 2020 -01 :E :::. 2014 -09 n
q n t
~ 2020 -09 n ~ 2015 -05 g
era 202 0- 11 g - 2016 -01 ;a_
2021-01 ~ 2016 ··09 cl
QJ 2017 -0.5 ~-,..---.1,_ ~
2021 -03 .fl 2018 -01 -----r l>
2021 -05 )> 2018 ·09 < < n> 2021 -07 ~ 2019-05 cl
2021-09 --r--4----L ~ 2020 -01 ~
2021 -11 l m 2020 -09
2021-05
2022'01 7 _ i- -+
0 ~ N W ~ ~ ffi ~ 00 ~ ~ ~ ~ ~
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Ex-Tank US West Coast ($/dst) Ex-Tank US West Coast ($/dst) June 7, 2022, Item #11
CHEMICAL
QUANTITY
RENEWAL
UNIT
MIN.ORDER
COMMENTS
PRICE
REQUIREMENT?
16140382
Sodium
Per
Original
$874.00
Per
DST
Full
trucks
Price
increase
Hydroxide/Caustic
agreement
Delivered
due
to
market,
Soda
50%
see
attached
NSF
grade
market
info.
16141804
Aluminum
Per
Original
$600.00
Per
DST
Full
trucks
Price
increase
Sulfate
48%
NSF
grade
agreement
Delivered
due
to
market,
see
attached
market
info.
Univar
will
hold
this
pricing
firm
for
the
renewal
term
of
July
1,
2022-June
30,
2023;
this
is
the
1st
of
3 renewals
of
the
contract.
All
other
information
presented
with/within
the
original
bid/offer,
including
the
agreed
upon
terms
, conditions
etc.
remain
the
same.
Thank
you
for
the
opportunity
to
extend
the
current
contract
and
to
continue
to
supply
County
City
of
Poway.
We
very
much
appreciate
it.
Sincerely, J<X!/Ser~ Vice
President
-
Bulk
Chemical
Distribution
North
America
Univar
Solutions
USA
Inc.
P-
(3
31)
777-6092
C -
(215)
990-4406
joe.serna@univarsolutions
.com
[email protected] muniteam-west@univarsol utions
.com
www.univar.com Please
Note:
Seller
shall
indemnify
Buyer
for
losses
to
the
extent
caused
by
Seller's
negligence
or
breach
of
contract.
Neither
party
is
liable
for
incidental
or
consequential
damages
.
Seller's
liability
is
limited
to
the
purchase
price
of
the
goods.
SELLER
MAKES
NO
WARRANTY
OF
MERCHANTABILITY
OR
FITNESS
FOR
A
PARTICULAR
PURPOSE. Please
Note:
Where
applicable,
any
State,
Federal
or
other
appropriate
taxes
and/or
the
California
Mill
Assessment
will
appear
as
separate
line
items
on
any
invoices
from
Univar.
If
Univar's
offer
(pricing)
was
inclusive
of
these
charges
-
they
will
be
backed
out
of
the
"product"
line
item
and
shown
as
their
own
line
item(s)
at
the
time
of
billing
Please
Note:
Cooperative
Purchasing/Contract
Piggy-Back
Clauses:
Unless
otherwise
checked
"yes"
within
the
attached
offer,
it
is
Univar's
standard
policy
NOT
to
agree
to/participate
in
Cooperative
Purchasing
but
rather to
work
with
each
individual
agency
and
reach
a
pricing
agreement
that
is
based
on
their
needs
and
is
advantageous
for
both
parties
.
Unless
otherwise
noted
within
the
attached
offer-
pricing
within
is
only
applicable
for
the
locations
(and
any
potential
locations)
listed
within
these
bid
documents.
5 of8
June 7, 2022, Item #11
FIRST AMENDMENT TO CONTRACT
FOR THE SALE AND PURCHASE OF GOODS AND
MATERIALS
THIS FIRST AMENDMENT TO CONTRACT, is made and entered into effective this 1st day of July, 2022, by and between the CITY OF POWAY, a municipal corporation (hereinafter referred to as "CITY"), and UNIVAR SOLUTIONS USA INC., a New York state corporation, (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 "CONTRACT"), by which CITY and SELLER established the terms and conditions for providing goods and services to CITY.
2. The CONTRACT has a term of two (2) years, and further provides, inter alia, that the CONTRACT may be extended for three (3) additional one (1) year terms upon approval of the CITY's City Manager.
3. On March 17, 2022, SELLER notified the CITY that its cost for goods subject to this CONTRACT have increased since the submittal of their bid, outside of SELLER'S control.
4. Now the CITY and SELLER agree to increase the CONTRACT from a not- to-exceed limit of $176,646 to a not-to-exceed limit of $350,000.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
SECTION 1. Item 3 entitled "Price" of the CONTRACT is amended to read as follows:
3. Price.
Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in Bid Schedule, attached hereto as Exhibit 8, for the period commencing July 1, 2022, and ending June 30, 2023. Total fee is not to exceed $350,000. Each renewal period is subject to a cost increase based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 3.5%, whichever is less. Price to include any State or Federal fees, e.g., CA Mill assessment fee.
SECTION 2. Except as otherwise amended by this FIRST AMENDMENT, all other terms and conditions of the CONTRACT shall remain in full force and effect. 6 of 8 ATTACHMENT B
June 7, 2022, Item #11
IN
WITNESS
WHEREOF,
the
parties
hereto
have
caused
this
FIRST
AMENDMENT
to
be
executed
on
the
date
first
above
written.
CITY
OF
POWAY
By:----------
Chris
Hazeltine,
City
Manager
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
APPROVED
AS
TO
FORM:
Alan
Fenstermacher,
City
Attorney
7 of8
UNIVAR
SOLUTIONS
USA
INC.
By:-----------
Shawnasey
McCarthy,
Municipal
Commercial
Manager
June 7, 2022, Item #11
EXHIBIT
B
BID
SCHEDULE
ANNUAL
SUPPLY
OF
CHEMICALS
FOR
THE
LESTER
J.
BERGLUND
WATER
TREATMENT
PLANT
Prices
for
Period
of
July
1,
2022
-June
30,
2023
CHEMICAL
UNIT
QUANTITY
UNIT
PRICE
DESCRIPTION
Aluminum
Sulfate
TON
194
$600.00
8.0%
Al2O3
Caustic
Soda
TON
234
$874.00
50%
Sodium
Hydroxide
8 of
8 TOTAL
$116,400.00 $204,516.00
June 7, 2022, Item #12
June 7, 2022, Item #12
June 7, 2022, Item #12
June 7, 2022, Item #12
June 7, 2022, Item #12
June 7, 2022, Item #12
June 7, 2022, Item #12
June 7, 2022, Item #12
June 7, 2022, Item #12
June 7, 2022, Item #12
June 7, 2022, Item #12
June 7, 2022, Item #13
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
June 7, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services }.Af.. ~ f/vt Andrea Thomas, Associate Civil Engineer ui--1
(858) 668-4605 or [email protected] 7
CITY COUNCIL
Approval of Consultant Agreement with Harper & Associates Engineering, Inc. for Engineering Design Services for the Rehabilitation of Reservoirs R-4 and R-7; RFP No. 22-023
On March 23, 2022, the City issued a Request for Proposals (RFP) for Engineering Design Services for the Rehabilitation of Reservoirs R-4 and R-7. This action will approve the Consultant Agreement with Harper & Associates Engineering, Inc. to provide engineering design services.
Recommended Action:
It is recommended the City Council approve the agreement and authorize the City Manager to execute the agreement with Harper & Associates Engineering, Inc. for engineering design services (Attachment A).
Discussion:
Staff issued an RFP in March 2022 for engineering design services for the preparation of plans, specifications, and estimates for rehabilitation of two reservoirs, R-4 and R-7. These reservoirs are critical to the City's water system, providing water storage for distribution and for fire protection. The reservoirs need rehabilitation in order to maintain safe and reliable service to the community. The project was undertaken based on recommendations included in the 2014 Water Distribution System Maintenance and Rehabilitation Assessment. These two tanks were identified in need of some minor repair and updates. The project scope includes recoating the exteriors, repairs to the foundations, and multiple safety retrofits on both tanks. R-7 was specifically identified in need of recoating the interior, and the driveway access to R-4 is in need of pavement spot repairs.
The City received five proposals in response to the RFP. After a thorough evaluation of the five proposals, staff selected Harper & Associates Engineering, Inc. as the firm best suited to meet the City's project needs. Harper & Associates Engineering, Inc. specializes in the design of reservoir rehabilitation projects and has performed similar work for various agencies throughout Southern California including the City of Poway.
1 of 30
June 7, 2022, Item #13
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The consultant's fee will be based on the scope of work as outlined in the agreement in an amount not-to-exceed $149,315.00 plus any eligible reimbursements. Funds totaling $622,000.00 are available in the R-7 Reservoir Rehabilitation (WT034) project.
Public Notification:
None.
Attachments:
A. Standard Agreement
Reviewed/ Approved By:
Assistant City Manager
2 of 30
Reviewed By:
Alan Fenstermacher
City Attorney City Ma nag er
June 7, 2022, Item #13
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
8 th
day
of
June,
2022,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
HARPER
&
ASSOCIATES
ENGINEERING,
INC.
(hereinafter
referred
to
as
"Consultant").
RECITALS
WHEREAS,
City
desires
to
obtain
the
services
of
a
private
consultant
to
perform
engineering
design
services
for
the
Rehabilitation
of Reservoirs
R-4
and
R-7
Project
(Project);
and
WHEREAS,
Consultant
is
a
civil
engineering
consultant
and
has
represented
that
Consultant
possesses
the
necessary
qualifications
to
provide
such
services;
and
WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Consultant
as
hereinafter
set
forth.
NOW,
THEREFORE
, IT
IS
MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN
CONSUL
TANT
ON
THE
FOLLOWING
TERMS
AND
CONDITIONS:
1. Scope
of
Services.
Consultant
shall
provide
services
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
2. Compensation
and
Reimbursement.
City
shall
compensate
and
reimburse
Consultant
as
provided
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof
.
3. Term
of
Agreement.
The
term
of
this
Agreement
shall
be
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
4. Termination. This
Agreement
may
be
terminated
with
or
without
cause
by
City.
Termination
without
cause
shall
be
effective
only
upon
60-day
written
notice
to
Consultant.
During
said
60-
day
period
Consultant
shall
perform
all
consulting
services
in
accordance
with
this
Agreement.
This
Agreement
may
be
terminated
by
City
for
cause
in
the
event
of
a
material
breach
of
this
Agreement,
misrepresentation
by
Consultant
in
connection
with
the
formation
of
this
Agreement
or
the
performance
of
services
,
or
the
failure
to
perform
services
as
directed
by
City.
Termination
for
cause
shall
be
effected
by
delivery
of
written
notice
of
termination
to
Consultant.
Such
termination
shall
be
effective
upon
delivery
of
said
notice.
3 of30
ATTACHMENT
A
June 7, 2022, Item #13
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services.
The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this· contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103.
Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4of30 2
June 7, 2022, Item #13
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
[81 1. ConsultanUContractor 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. ConsultanUContractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, ConsultanUContractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Robert J. Manis, Director of Development Services
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 5 of30 3
June 7, 2022, Item #13
(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Perm its, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
6 of 30 4
June 7, 2022, Item #13
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of 30 5
June 7, 2022, Item #13
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration.
Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 8 of30 6
June 7, 2022, Item #13
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)
9 of
30 7
June 7, 2022, Item #13
IN
WITNESS
WHEREOF,
the parties
hereto
have
duly
executed
this
Agreement
on
the
date
first
above
written.
CITY
OF
POWAY
By:----------
Chris
Hazeltine,
City
Manager
Date:
------------
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
APPROVED
AS
TO
FORM:
By:------------
Alan
Fenstermacher, City
Attorney
10 of
30 HARPER
&
ASSOCIATES
ENGINEERING,
INC.
8 By:-----------
Krista
Harper,
Vice
President
Date:
___________
_
June 7, 2022, Item #13
A.
"SPECIAL
PROVISIONS"
EXHIBIT
"A"
Scope
of
Services.
Consultant
agrees
to
perform
consulting
services
as
required
by
City,
which
shall
consist
of
the
engineering
design
services
further
described
in
the
Scope
of
Services
submitted
with
the
proposals
dated
April
20,
2022,
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
April
20,
2022,
which
are
included
in
this
document
as
Attachment
2. Total
fee
is
not
to
exceed
One
Hundred
Forty-Nine
Thousand
Three
Hundred
and
Fifteen
Dollars
($149,315).
Consultant's
fee
shall
include
and
Consultant
shall
be
responsible
for
the
payment
of
all
federal,
state,
and
local
taxes
of
any
kind
which
are
attributable
to
the
compensation
received. In
addition
to
said
consulting
fee,
Consultant
shall
be
reimbursed
for
all
reasonable
expenses,
including
lodging,
telephone,
and
travel
(air,
auto,
rail)
necessarily
incurred
in
performance
of
the
services.
Consultant
shall
bill
City
for
such
expenses
as
incurred,
referencing
this
Agreement.
All
expenses
shall
be
itemized
and
supported
by
receipts
for
amounts
in
excess
of
Twenty-Five
Dollars
($25.00).
Statements
for
reimbursement
of
expenses
shall
be
paid
within
ten
(10)
days
of
approval
by
City.
All
air
travel
shall
be
billed
at
coach
or
special
fare
rates.
Reimbursement
for
lodging
is
limited
to
travel
from
outside
of
San
Diego
County.
Consultant
shall
receive
prior
authorization
for
air
travel
and
lodging
expenses.
All
other
expenses
shall
be
reimbursed
in
accordance
with
City's
cash
disbursement
policies
in
effect
at
the
time
incurred. C.
Term
of
Agreement.
This
Agreement
shall
commence
and
be
effective
as
of
June
8,
2022
("Effective
Date"),
and
shall
automatically
terminate
upon
completion
of
the
Project,
as
determined
by
the
City
in
its
sole
discretion,
unless
sooner
terminated
by
City
as
provided
in
the
section
of
this
Agreement
entitled
"Termination."
Upon
the
termination
of
this
Agreement,
Consultant
shall
return
to
City
any
and
all
equipment,
documents
or
materials
and
all
copies
made
thereof
which
Consultant
received
from
City
or
produced
for
City
for
the
purposes
of
this
Agreement.
D.
Consultant's
Insurance.
1. Coverages: Consultant
shall
obtain
and
maintain
during
the
life
of
this
Agreement
all
of
the
following
insurance
coverages:
(a)
Comprehensive
General
Liability.
including
premises-operations,
products/completed,
broad
form
property
damage,
and
blanket
contractual
liability
with
the
11 of
30 1
June 7, 2022, Item #13
following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Consultant:
12 of 30 2
City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
Harper & Associates Engineering, Inc.
1240 E. Ontario, Suite 102
Corona, CA 92881
June 7, 2022, Item #13
Attachment
1 SCOPE
OF
WORK
TASK
NO.
1 PROJECT
ADMINISTRATION
1. HAE
will
assign
a
project
manager
as
the
main
point
of
contact
and
coordinate
all
communication
with
the
City
staff.
2. Kick-off
meeting
with
City
staff
to
clarify
understanding
of
scope
and
parameters
of
the
project.
3. Sound
engineering
will
be
administered
throughout
the
project
and
all
calculations
performed
on
the
project
will
be
checked
for
accuracy.
4. Provide
submittal
schedule
and
revise/update
as
required
due
to
changes.
5. Meet
with
the
City
as
necessary
to
review
Design
Reports
and
progress
of
the
project
and
exchange
ideas
and
information,
as
required.
Prepare
and
submit
approved
meeting
agendas
prior
to
each
meeting.
6. Provide the QA/QC
for
the
project
and
review
all
major
deliverables
before
delivered
to
the
City.
Maintain
regular
communication
with
City
staff
to
confirm
the
major
content
of
deliverables
prior
to
submitting.
TASK
NO.
2 FIELD
INVESTIGATION
AND
DESIGN
REPORT
1. Obtain
and
review
documents
available
from
the
City
as
listed
in
the
RFP.
2. Field
investigation
will
be
accomplished
to
obtain
measurements
and
layout
for
preparation
of
the
specifications
and
plans
and
confirm
information
from
existing
records
and
reports.
Field
investigation
of
the
reservoirs
will
take
place,
to
evaluate
the
present
condition
from
following
standpoint.
o
Corrosion-related
structural
soundness
of
the
reservoir,
including
roof
structure,
welds,
etc.
o
Condition
of
protective
coating
and
paint;
how
they
are
protecting
the
steel
from
corrosion,
their
aesthetic
qualities
,
the
percent
failures,
and
their
ability
to
be
recoated. w,"::.harpcrcng
.com
Page
7 June 7, 2022, Item #13
HARPER & ASSOCIATES April 20 2o22
ENGINEERING, INC. '
o Environmental and operating conditions which affect the use of the reservoir, maintenance of the reservoir, the aggressiveness of the atmosphere and water, and extent of abrasion damage.
o Condition of appurtenances: float, overflow, inlet, ladders, vents, hand hole covers, etc. o Observe and note structural, safety, and health code violations per OOHS, Cal/OSHA, and A WWA requirements.
3. Field evaluation of the reservoir to visually inspect and photograph visible deficiencies would entail one site visit by float method and would be accomplished via inflatable raft with the water level three to four feet below the roof line.
o The roof hatch must be a minimum of 24" to permit entrance of the diver into the reservoir.
4. Surface would be photographed and entered into a Photographic Survey.
5. Observations, recommendations, and cost estimates would be prepared and included in the Design Report.
6. Two hard copies and a pdf file of the Design Report will be submitted.
7. The following sanitary measures will be fully complied with in accordance with AWWA C652, Section 5.
o Equipment is dedicated for use only in potable water storage reservoirs. o No body parts shall come in contact with potable water. o All equipment shall be thoroughly disinfected by a 100% wash-down with, or immersion in, a 200PPM solution of chlorine and water.
8. Harper & Associates Engineering, Inc. fully complies with all the safety procedures in accordance with Cal/OSHA Title 8, General Industry Safety Orders, Group 26, Article 152, 153, 6050-6056.
TASK NO. 3 LABORATORY ANALYSES
1. Remove four (4) samples of interior coating and two (2) samples of exterior paint from each reservoir to determine if they contain lead, chromium compounds, or zinc, as required by Title 22.
This removal operation would transpire during the investigation of each reservoir. •.•· .v,\· hJrpcrcng.com Page 8
June 7, 2022, Item #13
HARPER & ASSOCIATES ·
ENGINEERING, INC. April 20, 2022
2. Results from laboratory analysis noting levels of specific heavy metals and relating this information to the methods of removal, protection of workers and environment, testing of removed coating and spent abrasive for heavy metal content, and determination of wastes as hazardous materials, including disposal methods and operations.
TASK NO. 4 RESERVOIR R-7 STRUCTURAL/SEISMIC EVALUATION
(PETERSON STRUCTURAL)
The objective of this item is to determine the condition of Reservoir R-7 for seismic and structural reliability, related operating parameters, and to recommend corrective and preventive measures, including filing of a report. Stress calculations will verify whether existing static conditions meet current tank standards. All seismic design load calculations will be based upon seismic Zone 4, as set forth in AWWA Standard 0100-21, 2019 CBC, and ASCE/SEI 7-22 and provided geotechnical reports.
1. Accomplish review of all available records for the reservoir.
2. Field investigation of the reservoir would be accomplished during the inspection of the reservoir noted above to verify measurements, physical conditions, and other information to assist in seismic stress load calculations and structural evaluations. Investigations would include the following:
o Steel plate and component thickness for calculation purposes would be determined by measurement with an ultrasonic thickness gauge.
o Evaluate condition of inlet and outlet piping and appurtenances and their relationship to a seismic event.
o Evaluate condition of foundation that is visible above ground.
3. Specific conditions would be noted and included in the written report.
4. Interior and exterior surfaces would have been photographed during the corrosion protection investigation and entered into a Photographic Survey, which would be included as a reference point.
5. Conclusions, recommendations, and cost estimates, based on field observations, measurements, available drawings and records, and corrosion reports, would be prepared and included in a Technical Memorandum. The Memorandum would include recommendations on structural modifications or replacements to bring the reservoir into compliance with current codes and standards.
,,-,_1,,·•.• .harpcrcng.com Page 9
June 7, 2022, Item #13
I
HARPER & ASSOCIATES .
ENGINEERING, INC. April 20, 2022
TASK NO. 5 GEOTECHNICAL INVESTIGATION
(CONVERSE CONSULTANTS)
1. Existing Document Review -Available information on subsurface conditions at the site.
Documents to be reviewed will likely include, but not be limited to, geotechnical investigation reports, state and local agencies geology and seismic hazard maps, groundwater information, liquefaction hazard map, and other pertinent documents.
2. Field Reconnaissance -Part of the field reconnaissance, we will verify existing conditions (erosion, drainage and slope instability).
3. Engineering Analysis and Geotechnical Report -Data obtained from the site visit and existing document review will be evaluated. Engineering analysis will be performed • Site Description
• Project Background
• Discussion on the stability of existing slopes, if any. • Geologic setting of the site
• Discussion on the secondary effects of earthquake
• Site coefficient (per 2019 CBC Standards)
• Anticipated horizontal acceleration, based on 10% probability in SO years • Response spectra at 0.5%, 2%, 5%, and 10% damping including spectral velocity curves • Allowable soils bearing capacity (if avaliable)
• Lateral earth pressure
• Foundation subgrade preparation recommendation (if needed) TASK NO. 6 SPECIFICATIONS, DRAWINGS, AND ENGINEER'S
ESTIMATE
1. Once scope of work has been determined from the Design Report submitted and upon final authorization by the City, prepare and submit detailed technical specifications, plans, and other contract documents for each reservoir. The technical specifications will conform to current City format and CSI standards. However, HAE will ensure the technical specifications are comprehensive and specifically address the information learned from the numerous past tank projects HAE has accomplished for the City. Specifications would be prepared in the latest version of Word for Windows.
2. PDF sets of plans, specifications, estimates and contract documents shall be submitted 60%, 90%, and 100% design stages. Original mylar drawings and CD with original and PDF versions of all files shall be provided after approval of final plans. \v \\,\\, _;1arpcrcng.com Page 10
June 7, 2022, Item #13
HARPER & ASSOCIATES Ap ii 20 2022
ENGINEERING, INC. r •
o Project design shall be prepared in AutoCAD format, 2012 verson or newer, per the City's standards for Public Works contracts. The scale of the plans shall be one (1) inch = twenty (20) feet (1" = 20').
3. Prepare and submit a detailed engineering cost estimate for the project in accordance with the bid schedule generated for the work at the 60%, 90%, and 100% design milestones.
4. Meet with City staff, incorporate the City review comments, and edit technical documents after each design submittal.
5. HAE's team shall perform routine and final review prior to signing the plans to ensure accuracy, conformance, and integrity of all plans and specifications.
6. Prepare a base map of existing overheard and underground utilities at the site.
7. Prepare plans for temporary and permanent erosion control for the project.
TASK NO. 7 BIDDING ASSISTANCE
1. Assist the City in conducting pre-construction meeting to enable all relevant parties to comprehend scope of project, implementation of specifications, and City requirements. Prepare minutes of pre-construction meeting covering all aspects of Contractor's questions and clarifications of project and present to all parties.
2. Prepare agenda and conduct pre-bid conference for the project at a date, time, and place set by the City. Present a summary of project requirements, answer any questions, assist in pre-bid inspection, and prepare minutes of the meeting which would include written responses to questions and clarification as needed.
3. Interpret the contract documents through requests for information/clarification (RFI/RFC), which will be answered by addendum. Prepare, track, and issue addenda when required. (2 Addenda)
4. Assist the City and answer questions as appropriate during the bid opening. Make preliminary tabulation of bids, assist in the evaluation of bid proposals, and provide recommendation for selection of contractor.
TASK NO. 8 ENGINEERING SUPPORT DURING CONSTRUCTION
1. Provide assistance with request(s) for information, clarifications, and change orders as needed.
The modifications communicated by change order will be fully documented with drawings and/or written description of the work required.
June 7, 2022, Item #13
HARPER & ASSOCIATES .
ENGINEERING, INC. April 20, 2022
2. Review and approve or reject all submittals in a timely manner. Rejected submittals will be supplemented with an explanation of the reason for rejection along with requirements for resubmittal. Consultant shall assure itself that any deviations or substitutions submitted by the Contractor shall be equal to or of better quality than specified in the contract documents.
3. Review all Contractor progress pay requests, inspection reports, and estimates of percent completion and make recommendations for payment to Contractor as appropriate.
4. Prepare record drawings at the completion of the construction project. Record drawings shall incorporate the changes throughout the project onto the original mylars or provide a mylar replacement if determined necessary.
TASK NO. 9 GENERAL CONSTRUCTION MANAGEMENT SERVICES
(OPTIONAL)
1. Review all Contractor invoices, inspection reports, and inspector estimates of percent completion and make recommendations to the City for payment to Contractor as appropriate.
2. Inspection Activity Reports -Shall identify daily start and stop times, size of Contractor's crew, equipment used, visitors to job site, climatic conditions throughout the day, quantity of materials used, work accomplished, periods of Contractor down time and cause, inspection procedures used and results, verification and recording of surface preparation, coating material batch numbers, mixing, thinning, application, and thickness. All entries shall be dated and timed.
3. Observe the Contractor for compliance with site and job safety requirements. Inform the City of any concerns or problems concerning site or job safety observed. Direct the Contractor to comply with all safety orders.
4. Receive, review, and approve third party Contractor plan submittals for worker protection, toxic metals compliance programs with respect to containment, handling, and disposal, provide written corrective comments as needed to third party Contractor, and provide copy to City staff.
5. Prepare supplementary sketches and details, as required, to resolve field construction problems that may be encountered.
6. If hazardous materials are present in the existing paint system, HAE will remove four (4) soil samples around the perimeter of the reservoir site to determine if they contain lead, chromium compounds, or zinc, as required by Title 22. This removal operation would transpire prior to the Contractor commencing work on the reservoir. At the completion of the project, four (4) additional soil samples shall be taken at approximately the same locations as the initial samples. The soil samples shall be tested to determine if they contain lead, chromium compounds, or zinc, as required by Title 22. A memorandum shall be prepared explaining the test results for each set of soil samples.
www.i1arpcrcng.com Page 12
June 7, 2022, Item #13
HARPER & ASSOCIATES 'J
ENGINEERING, INC. Apri 20, 2022
7. Provide inspection of safety modifications on an as-needed basis. Inspection will involve a minimum of four (4) site visits.
8. Provide inspection for the foundation and anchor bolts on an as-needed basis, excluding soil and/or concrete testing. Inspection will involve a minimum of four (4) site visits.
9. Assist the City in final acceptance of the project upon completion of all work by the Contractor.
Prepare a punch list of items during the final project walk for the Contractor to complete. Compile and submit a Summary Report to the City within 30 days of job completion.
10. Participate in additional meetings as requested by the City.
TASK NO. 10 FIELD COATING AND PAINTING INSPECTION (OPTIONAL)
1. DAILY INSPECTION ACTIVITY REPORTS
o Project shall identify daily start and stop times, size of Contractor's crew, equipment used, visitors to job site, climatic conditions throughout the day, quantity of materials used, periods of Contractor down time and cause, inspection procedures used and results, verification and recording of surface preparation, coating material batch numbers, mixing, thinning, application, and thickness.
0 Pictures shall be taken at key points in the project documenting the progress of the work. o Daily inspection reports, including diagrams of the coating work accomplished, shall be submitted to the City.
2. SURFACE PREPARATION INSPECTION -Physical inspection of blast cleaned surfaces to verify compliance with specification, removal of dust, etc.
o Weather conditions will be verified by use of a sling psychrometer to determine sui.tability of climatic conditions.
o Surfaces will be observed to determine compliance with specifications. ■ Preliminary Cleaning -for steel surfaces
■ Surfaces will be inspected to verify removal of grease, oil, chemicals, etc. after completion of solvent cleaning of surfaces.
o Abrasive Blast Cleaning
"'·.-.,w.~·,arpcreng.com Page 13
June 7, 2022, Item #13
HARPER & ASSOCIATES ·1
ENGINEERING, INC. Apri 20, 2022
• Inspect blasted surfaces at the end of each day's shift to determine compliance with specification. Physical tests for surface profile will be performed using a K-T Surface Profile Comparator. At completion of blast cleaning each shift, areas not meeting specification will be re-blasted and tests again performed. This cycle will be _Iepeated until surfaces are accepted for material application.
• Upon completion of above inspection, dust and other surface contaminants will be removed as specified and surfaces visually and physically inspected for compliance with specification.
3. MATERIALS APPLICATION INSPECTION -After approval of surface preparation, ongoing inspection monitors weather conditions, Contractor's application equipment and its operation, mixing of primer, and physical inspection of prime coat application, including spray techniques, cleanliness of surface, thickness, etc.
o Weather conditions will be verified by use of an sling psychrometer to determine suitability of climatic conditions.
o Contractor's equipment will be monitored to ensure operation will not contribute to any degradation of application (oil, moisture, etc.).
0 Applied materials will be inspected for compliance with specification and mixing/thinning operations will be monitored.
o Surfaces will be re-inspected to verify no dust or other contaminants are on surfaces and remedial cleaning performed as required.
o After approval of surfaces, application will be carefully monitored to verify materials are evenly applied at the proper thickness and with no overspray to interfere with adhesion.
4. FINISH COAT(S) INSPECTION -After approval of prime coat application, ongoing inspection monitors weather conditions, Contractor's application equipment and its operation, mixing of material, and physical inspection of finish coat application, including spray techniques, cleanliness of surface, thickness, etc.
o Procedures outlined in 3. above will be repeated during application of additional materials, including careful examination of areas where cleaning penetrated coating film to verify edges of film have not lifted, curled, etc. Where defects exist, additional cleaning will be performed to bring area into compliance with specification and area will be recoated as required.
5. FINAL INSPECTION -Requires input at conclusion of finish coatings to ensure application, film continuity (holiday detection), and dry film thickness are in complete conformance with specification.
June 7, 2022, Item #13
HARPER & ASSOCIATES ·1
ENGINEERING, INC. Apri 20, 2022
o DRY FILM THICKNESS TESTING
• Prior to testing dry film thickness on any given day, Inspector will calibrate his instrument against N.B.S. metal plate standard. No plastic shims will be used. Instrument will be re calibrated at the beginning of the afternoon session or at any time the instrument may have been subjected to impact against scaffold, structure, etc. ■ The coating will be tested to determine if it has sufficiently dried to eliminate indentation of the probe into the coating, which subtracts mils from the correct reading. If the coating does deform, the testing will be postponed until the coating is firm enough to prevent deformation by the gauge.
■ Dry film thickness measurements will be taken on 3' centers until it is determined deficient readings warrant more tests to truly indicate the thickness of the area. Testing will be performed as deemed necessary to accurately determine the thickness, regardless of what the Contractor may say. If widespread deficiencies are found, the Contractor will be advised to determine if they prefer Inspector to proceed with testing after they apply additional material.
• After completion of the testing and after the Contractor has recoated all the deficient areas, tests on the recoated areas will be repeated until the minimum dry film thickness is obtained.
o HOLIDAY DETECTION (INTERIOR ONLY)
■ After completion of dry film thickness testing, all surfaces will then be holiday detected, utilizing the specified detector.
■ The Tinker-Rasor AP or AP-W High Voltage Holiday Detector power pack voltage will be set according to the voltage required in the specification. ■ Holiday detection and marking of defective areas will be performed as noted above under "DRY FILM THICKNESS TESTING".
■ All marked areas will then be repaired and holiday detection performed again. Re detection and marking will continue until the surface is holiday-free, unless otherwise instructed by the Owner or his Representative.
6. LIMITATIONS OF AUTHORITY
• RESIDENT PROJECT INSPECTOR
\\ ,\\\. .:,arpercng.com Page 15
June 7, 2022, Item #13
HARPER
&
ASSOCIATES
April
20 2022
ENGINEERING
, INC
.
'
•
Shall
not
authorize
any
deviation
from
the
Contract
Documents
or
substitution
of
materials
or
equipment,
unless
authorized
by
Engineer/Owner
in
writing.
•
Shall
not
exceed
limitations
of
Consultant's
Authority
as
set
forth
in
the
Agreement
or
the
Contract
Documents.
•
Shall
not
undertake
any
of
the
responsibilities
of
Contractor,
subcontractor,
or
Contractor's
superintendent.
•
Shall
not
.advise
on,
issue
directions
relative
to,
or
assume
control
over
safety
precautions
and
programs
in
connection
with
the
work.
•
Shall not
advise
on,
issue
directions
regarding,
or
assume
control
over
any
aspect
of
the
Contractor's
means,
methods,
techniques,
sequences,
or
procedures
of
construction,
unless
such
advice
or
directions
are
specifically
required
by
the
Contract
Documents.
•
Shall not
accept
Shop
Drawings
or
sample
submittals
from
anyone
other
than
Contractor,
and
shall
immediately
deliver
such
submittals
to
Engineer/Owner
.
•
Shall
not
authorize
Engineer/Owner
to
occupy
the
Project
in
whole
or
in
part.
o
DEFINITIONS:
Engineer/Owner
is
intended
to
apply
as
a
joint
reference
or
a
single
reference
subject
to
the
applicable
circumstance.
\\'.' "\'•. ~.,1rpcrcng
.com
Page
16 June 7, 2022, Item #13
Attachment 2
CITY OF POWAY
PROPOSAL COST SHEET AND RATES
Scope
Task 1 -Project Administration
ITEM TOTAL
Task 2 -Site Visit/Design Report
Task 3 -Laboratory Analyses
ITEMS TOTAL
Task 4 -Structural/Seismic Evaluation
Peterson Structural
ITEM TOTAL
Task 5 -Geotechnical Investigation
Converse Consultants
ITEM TOTAL
Task 6 -Specifications & Drawings
ITEM TOTAL
Task 6A -Specifications & Drawings
PSE -Foundation/ Anchor Bolts
(Optional)
ITEM TOTAL
Task 7 -Bidding Assistance
ITEM TOTAL
Task 8 -Services During Construction
ITEM TOTAL
Harper & Associates Engineering, Inc.
!§~fi~ijtion of Reservoirs R-4 and R-7
Categories Estimated
Hours
Project Manager 8
Project Engineer 8
Project Manager 8
Project Engineer 24
Eng. Technician 20
Laboratory Testing 12
Project Manager 8
Structural Engineer LS
Project Manager 8
Document Review LS
Field Reconnaissance LS
Engineering/Report LS
Project Manager 40
Project Engineer 60
Draftsperson 80
LS
Project Manager 8
Project Engineer 4
Project Manager 16
Project Engineer 18
Draftsperson 16
Hourly
Rate
$195
$180
I
$195
$180
$115
$90
I
$195
I
$195
I
$195
$180
$120
I
I
$195
$180
l
$195
$180
$120
I
Extended Rate
$1,560
$1,440
$3,000
$1,560
$4,320
$2,300
$1,080
$9,260
$1,560
$14,830
$16,390
$1,560
$1,290
$1,620
$6,090
$10,560
$7,800
$10,800
$9,600
$28,200
$18,805
$18,805
$1,560
$720
$2,280
$3,120
$3,240
$1,920
$8,280
April 20, 2022
pg 1 of 2
June 7, 2022, Item #13
CITY
OF
POWAY
PROPOSAL
COST
SHEET
AND
RATES
Scope
Tasks
9 &
10 -Construction
Management
&
QC
Inspection
(Optional) See
Note
Below
ITEM
TOTAL
I
Categories
Project
Manager
Project
Engineer
Structural
Inspector
NACE
Inspector
(R-4)
NACE
Inspector
(R-7)
Subsistence
PROJECT
TOTAL
WITHOUT
OPTIONAL
PROJECT
TOTAL
WITH
OPTIONAL
I
Estimated
I
Hours
8 16 24 120 320 55
Hourly
I Extended
Rate
Rate $195
$1,560
$180
$2,880
$125
$3,000
$90
$10,800
$90
$28,800
$100
$5,500
I
$52,540 $77,970 $149,315
Note:
Full-Time
coating
inspection
is
based
on
8 hours
per
day.
If
work
is
accomplished
in
fewer
days
or
hours,
costs
will
be
reduced
accordingly.
Harper
&
Associates
Engineering,
Inc.
Rehabilitation
of
Reservoirs
R-4
and
R-7
24 of
30 April
20,
2022
pg
2 of
2 June 7, 2022, Item #13
HARPER & ASSOCIATES ENGINEERING, INC.
CONSULTING ENGINEERS
1240 E. Ontario Ave., Ste. 102-312, Corona, CA 92881-8671 Phone (951) 372-9196 Fax (951) 372-9198
www.harpereng.com
TERMS AND SCHEDULE OF FEES AND CHARGES
HARPER & ASSOCIATES ENGINEERING, INC. services are furnished on the basis of the below listed schedule of fees and charges which are subject to revisions at six-month intervals.
FEES: Principal Engineer
Expert Witness/Deposition
Registered Corrosion Engineer
Registered Structural Engineer
Project Manager
Engineer
Engineering Technician
Engineering Aide
Structural Inspector
Coating/Paint Inspector
Draftsperson (CADD)
Dive Team
Clerical
$235.00 per hour
$270.00 per hour
$200.00 per hour
$200.00 per hour
$195.00 per hour
$180.00 per hour
$115.00 per hour
$95.00 per hour
$125.00 per hour
$90.00 per hour
$120.00 per hour
$275.00 per hour
$70.00 per hour
Travel time is chargeable at the above rates. Overtime for non-professionals, when authorized, shall be charged at 1-1/2X and 2X, based on specific time schedule under which work is performed. If project is located out of area, food and lodging will be charged as noted below.
EQUIPMENT AND MISCELLANEOUS CHARGES
The above charges include instruments commonly used in corrosion and related testing.
However, specialized instrumentation and test equipment and facilities may require an additional charge.
These and miscellaneous charges are computed at cost plus fifteen percent. Examples of such charges include, but are not limited to, food, lodging, outside consultants, public transportation, rental equipment, special permits and fees, reproduction, special insurance, etc.
Passenger cars and pickup trucks are chargeable at $.60 per mile when authorized. 25 of 30
June 7, 2022, Item #13
ENGINEERING DESIGN SERVICES FOR THE REHABILITATION OF THE R-7 RESERVOIR Harper & Associates Engineering, Inc.
26 of 30
PETERSON STRUCTURAL ENGINEERS
2022 Hourly Rates
Principal-in-Charge
Principal
Senior Associate
Associate
Senior Project Manager
Senior Structural Engineer
Project Manager
Structural Engineer
Associate Project Manager
Senior Project Engineer
Project Engineer
Staff Engineer
Staff Designer
CADD Drafting
Administrative
$250
$240
$230
$223
$278
$278
$203
$200
$790
$780
$775
$770
$765
$735
$725
• Vehicle mileage will be billed at current US General
Services Administration allowable rates and periodically adjusted according to federal updates
• Direct expenses w,II be billed at cost plus 10%
April 14, 2022
PAGE I 5
June 7, 2022, Item #13
CONVERSE CONSULTANTS
Non-Prevailing Wage Schedule of Fees
Personnel
Introduction
It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be perfomied in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This fee schedule is valid through December 31, 2022.
Hourly Charges for Personnel
Staff assignments will depend on personnel availability, job complexity, project site location, and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care.
Field Technical Services (all including vehicle and equipment) Construction Inspector -ACI/ICC and/or AWS/CWl certified (concrete, post-tension, masonry, structural steel, fireproofing; includes concrete batch plant and local steel fabrication inspections) ................................. $80 Non-Destructive Testing Inspector (ultrasonic, magnetic particle, dye penetrant) ..................................................................... 85 Construction Inspector/Technician (skidmore, pull testing, torque testing, Schmidt hammer, and pachometer) ....................... 80 Coring Technician ...................................................................................................................................................................... 80 Soils Technician (soil, base, asphalt concrete, and moisture emission testing) ........................................................................ 80 Senior Soils Technician .............................................................................................................................................................. 85 Sample Pick-Up ......................................................................................................................................................................... 50 Professional Services (field and office)
Staff Professional ................................................................................................................................................................... $125 Senior Staff Professional. ......................................................................................................................................................... 135 Project Professional ................................................................................................................................................................. 145 Project Manager ....................................................................................................................................................................... 170 Senior Professional .................................................................................................................................................................. 170 Principal Professional ............................................................................................................................................................... 210 Principal/Consultant ................................................................................................................................................................. 225 Laboratory Testing
Laboratory Technician ...................................................................................................................................................... Per Test (See Geotechnical Laboratory Testing and Materials Testing Services fee schedules.) Laboratory Supervisor .............................................................................................................................................................. $90 Office Support
Clerical/Word Processing ......................................................................................................................................................... $75 Drafting ....................................................................................................................................................................................... 80 CAD Operator/Drafting Manager ................................................................................................................................................ 80 An overtime charge of 50 percent of the above hourly rates (excluding Professional Services) will be added far time in excess of eight hours per day and for all time on Saturdays, Sundays and holidays. An overtime charge of 100 percent of the above hourly rates (excluding Professional Services) will be charged on Sunday if hours worked were seven continuous eight hours per day in one work week, not counting paid time off within the week. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel.
Expenses
1. Exploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent.
2. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requiring travel and/or living 50 miles away from the project site are charged at cost plus fifteen percent.
3. Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at the current IRS mileage rate far company owned vehicles traveling between principal office and project.
4. Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, pem,its, outside printing services, tests, etc.) are charged at cost plus fifteen percent.
Invoices
1. Invoices will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services.
2. Payment is due upon presentation of invoice and is past-due thirty days from invoice date. In the event Client fails to make any payment to Converse when due, Converse may immediately cease work hereunder until said payment, together with a service charge at the rate of eighteen percent per annum (but not exceeding the maximum allowed by law) from the due date, has been received.
Furthemiore, Converse may at its sole option and discretion refuse to perfom, any further work irrespective of payment from Client in the event Client fails to pay Converse for services when said payments are due.
3. Client shall pay attorneys' fees or other costs incurred in collecting any delinquent amount.
General Conditions
The temis and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the General Conditions does not accompany this fee schedule, Client should request a copy from this office.
Converse Consultants P2022
27 of 30
June 7, 2022, Item #13
EXHIBIT
"8"
Cal
Gov
Code§
7522.56
Deering's
California
Codes
are
current
through
all
1016
chapters
of
the
2018
Regular
Session
and
the
November
6,
2018
Ballot
Measures.
Deering's
California
Codes
Annotated>
GOVERNMENT
CODE>
Title
1 General>
Division
7 Miscellaneous
>
Chapter
21 Public
Pension
and
Retirement
Plans
>
Article
4 California
Public
Employees'
Pension
Reform
Act
of
2013
§ 7522.56.
Provisions
applicable
to
person
receiving
pension
benefit
from
public
retirement
system;
Section
supersedes
conflicting
provisions
(a)This
section
shall
apply
to
any
person
who
is
receiving
a pension
benefit
from
a public
retirement
system
and
shall
supersede
any
other
provision
in
conflict
with
this
section.
(b)
A
retired
person
shall
not
serve,
be
employed
by,
or
be
employed
through
a contract
directly
by,
a public
employer
in
the
same
public
retirement
system
from
which
the
retiree
receives
the
benefit
without
reinstatement
from
retirement,
except
as
permitted
by
this
section. (c)
A
person
who
retires
from
a public
employer
may
serve
without
reinstatement
from
retirement
or
loss
or
interruption
of
benefits
provided
by the
retirement
system
upon
appointment
by
the
appointing
power
of
a public
employer
either
during
an
emergency
to
prevent
stoppage
of
public
business
or
because
the
retired
person
has
skills
needed
to
perform
work
of
limited
duration.
( d)Appointments
of
the
person
authorized
under this
section
shall
not
exceed
a total
for
all
employers
in
that
public
retirement
system
of
960
hours
or
other
equivalent
limit,
in
a
calendar
or
fiscal
year,
depending
on
the
administrator
of
the
system.
The
rate
of
pay
for
the
employment
shall
not
be
less
than
the
minimum,
nor
exceed
the
maximum,
paid
by
the
employer
to
other
employees
performing
comparable
duties,
divided
by
173.333
to
equal
an
hourly
rate.
A
retired
person
whose
employment
without
reinstatement
is
authorized
by
this
section
shall
acquire
no
service
credit
or
retirement
rights
under
this
section
with
respect
to
the
employment
unless
he
or
she
reinstates
from
retirement.
(e)
28 of
30 (l)Notwithstanding
subdivision
(c),
any
retired
person
shall
not
be
eligible
to
serve
or
be
employed
by
a public
employer
if,
during
the
12-month
period
prior
to
an
appointment
described
in
this
section,
the
retired
person
received
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
June 7, 2022, Item #13
Cal
Gov
Code
§ 7522.56
a public
employer.
A
retiree
shall
certify
in
writing
to
the
employer
upon
accepting
an
offer
of
employment
that
he
or
she
is
in
compliance
with
this
requirement.
(2)A
retired
person
who
accepts
an
appointment
after
receiving
unemployment
insurance
compensation
as
described
in
this
subdivision
shall
terminate
that
employment
on
the
last
day
of
the
current
pay
period
and
shall
not
be
eligible
for
reappointment
subject
to
this
section
for
a
period
of
12 months
following
the
last
day
of
employment.
(f)A
retired
person
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a
period
of
180
days
following
the
date
of
retirement
unless
he
or
she
meets
one
of
the
following
conditions:
29 of
30 (l)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
governing
body
of
the
employer
in
a public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar.
(2)
(A)Except
as
otherwise
provided
in
this
paragraph,
for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
state
employment
position
before
180
days
have
passed
and
the
appointment
has
been
approved by
the
Department
of
Human
Resources.
The
department
may
establish
a process
to
delegate
appointing
authority
to
individual
state
agencies,
but
shall
audit
the
process
to
determine
if
abuses
of
the
system
occur.
If
necessary,
the
department
may
assume
an
agency's
appointing
authority
for
retired
workers
and
may
charge
the
department
an
appropriate
amount
for
administering
that
authority.
(B)For
legislative
employees,
the
Senate
Committee
on
Rules
or
the
Assembly
Rules
Committee
certifies
the
nature
of
the
employment and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar.
(C)For
employees
of
the
California
State
University,
the
Trustees
of
the
California
State
University
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar.
(3)The
retiree
is
eligible
to
participate
in
the
Faculty
Early
Retirement
Program
pursuant
to
a
collective
bargaining
agreement
with
the
California
State
University
that
existed
prior
to
January
1,
2013,
or
has
been
included
in
subsequent
agreements.
2 June 7, 2022, Item #13
Cal
Gov
Code
§
7522.56
( 4)The
retiree
is
a public
safety
officer
or
firefighter
hired
to
perform
a function
or
functions
regularly
performed
by
a public
safety
officer
or
firefighter.
(g)A
retired
person
who
accepted
a
retirement
incentive
upon
retirement
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a period
of
180
days
following
the
date
of
retirement
and
subdivision
(f)
shall
not
apply.
(h)This
section
shall
not
apply
to
a
person
who
is
retired
from
the
State
Teachers'
Retirement
System,
and
who
is
subject
to
Section
24214.
24214.5
or
26812
of
the
Education
Code.
(i)This
section
shall
not
apply
to
( 1)
a subordinate
judicial
officer
whose
position,
upon
retirement,
is
converted
to
a judgeship
pursuant
to
Section
69615,
and
he
or
she
returns
to
work
in
the
converted
position,
and the
employer
is
a trial
court,
or
(2)
a retiree
of
the
Judges'
Retirement
System
or
the
Judges'
Retirement
System
II
who
is
assigned
to
.serve
in
a
court
pursuant
to
Section
68543.5.
History Added
Stats
2012
ch
296
§
15 (AB
340).
effective
January
1,
2013.
Amended
Stats
2013
.ch
528
§
11 (SB
13),
effective
October
4,
2013
(ch
528
prevails);
ch
76 §
75 (AB
383),
effective
January
1,
2013;
Stats
2014
ch
238
§ 1 (AB
2476),
effective
January
1,
2015.
Annotations Notes
Amendments: Note--
Amendments: 2013
Amendment:
Substituted
(1)
"have
passed"
for
"has
passed"
in
the
first
sentence
of
subds
(f)(l)
and
(f)(2);
(2)
"or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a
public
safety
officer
or
firefighter"
for
"of
firefighter"
in
subd
(f)(
4);
and
(3)
"Judges'
Retirement
System"
for
"Judges'
Retirement
System
I"
in
subd
(i).
30 of
30 3
June 7, 2022, Item #14
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
June 7, 2022
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works 4._}t-
Jessica Parks, Public Works Utilities Administrator~?
(858) 668-4703 or [email protected] U
CITY COUNCIL
Approve Poway's 2022-2023 Water Supply and Demand Assessment As required by recent state legislation, an Annual Water Supply and Demand Assessment (Annual Assessment) is to be completed by each urban water supplier with information on anticipated water shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions. Staff completed Poway's 2022-2023 Annual Assessment which concluded that the City of Poway will have sufficient water supplies to meet anticipated customer demands for the next 12 months starting July 1, 2022.
Recommended Action:
It is recommended that the City Council receive the 2022-2023 Annual Water Supply and Demand Assessment and authorize the Annual Assessment to be submitted to the State of California with any modifications requested by the Department of Water Resources or the State Water Resources Control Board to be corrected administratively by staff.
Discussion:
Following the last drought, ending in 2017, a new suite of water management legislation was adopted.
Beginning this year, new requirements in the California Water Code§ 10632.1 requires water suppliers to prepare an annual water supply and demand assessment report for a 12-month period starting July 1 each year. The Annual Assessment will be used to evaluate short-term water supply reliability for the upcoming year and is due to the Department of Water Resources (DWR) on or before July 1.
On May 18, 2021, the City Council adopted Poway's Water Shortage Contingency Plan (WSCP) which included prescribed actions to prepare and present an annual water supply and demand assessment.
The Annual Assessment process includes staff analyzing projected water supply and demands, presenting the results to the City Council in June and submitting the results and any local actions to DWR before July 1. If the Annual Assessment projects a supply deficit, the City Council will vote to determine the appropriate water shortage response level and associated actions necessary to reduce 1 of7
June 7, 2022, Item #14
demand and ensure adequate supply. This is the first year the City of Poway Annual Assessment is being brought before the City Council.
DWR provided a guidebook and required template for each urban water agency to complete and submit as their annual assessment. Water suppliers are permitted to report on either a monthly or annual basis. Though the tables within the template do not include a column for annual totals, DWR's published guidebook instructs water suppliers to put the annual number in the June column.
Following the approved guidance in the WSCP, staff reviewed anticipated local water demands and consulted with the San Diego County Water Authority (SDCWA) on regional supplies and constraints.
Despite a third year of a significant state-wide drought, water supplies from the City of Poway's wholesalers, namely the SDCWA and Metropolitan Water District (MWD), are expected to be sufficient to provide the water necessary to meet customers' expected demands.
Based on these findings, the City of Poway's 2022-2023 Annual Assessment (Attachment A) concludes we will have adequate water supplies to meet expected customer demands. The supplies will not be curtailed by known infrastructure constraints, dry and hot weather conditions, or other restrictions, and no additional actions should be required.
Although the Annual Assessment is due by July 1 each year, the Governor issued Executive Order N- 7-22 which, among other actions, required that each urban water supplier submit a preliminary Annual Assessment one month early, by June 1, 2022. The City of Poway's preliminary assessment was submitted as required on May 31, 2022. The attached final assessment does not include any changes from the submitted preliminary assessment.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
None with this action.
Public Notification:
None.
Attachment:
A. City of Poway's Annual Water Supply and Demand Assessment Reviewed/ Approved By:
Assistant City Manager
2 of7
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
June 7, 2022, Item #14
Table 1. Annual Assessment Information
Start Month: July
Volume Unit for Reported Supply and Demand:
{Must use the same unit throughout) AF
Water Supplier's Name: City of Poway
Contact Name: Jessica Parks
Contact Title: Utilities Administrator
Street Address: 14467 Lake Poway Road
ZIP Code:
Phone Number: 858-668-4703
ii Address: [email protected]
Report Preparer's Contact Information
(if different from above)
Preparer's Organization Name:
Preparer's Contact Name:
Phone Number:
Supplier's Water Shortage Contingency Plan
Water Shortage Contingency Plan
Annual Assessment/ Shortage Report Title: Optional
Annual Assessment/ Shortage Report Approval Date: MM/DD/YYYY Other Annual Assessment Related Activities: Optional
3of7 ATTACHMENT A
92064
June 7, 2022, Item #14
Table 2: Water Demand?
Use Type Start Year: 1~ 1 Volumetric Unit Used
2 :
Drop-down list
Level of May select each use multiple times
Treatment for These are the only Use Types that will be Additional Description recognized by the WUEdata online (as needed) Non-Potable I Projected Water Demands - Volume 3 submittal tool Supplies
(Add additional rows as needed) Drop-down list
Jul Aug Sep Oct Nov Dec
II Demands
0 0 0 0
Landscape
0 I 0 I 0 I 0 I 0
Notes : List considered factors impacting demands
Pro1ect1ons are based on best available ctata at time of subm1tt1ng the report anct actual ctemanct volumes coulct be ct1fferent ctue to many factors · Units of measure (AF . CCF. MGJ must remain consistent Jan Feb Mar
0 0 0
I 0 I 0 I 0
' When opting to prov1cte other than monthly volumes (b1 monthly . quarterly . or annual). please see ct1rect1ons on entering ctata for Proiectect Water Demanct 1n the Table Instructions Optional (for comparison purposes) Jul Aug Sep Oct Nov Dec Jan Feb Mar Last year's total demand
Two years ago total demand
Three years ago total demand
Four years ago total demand
= From prior tables I
= Auto calculated
I {.ill"
Apr May I Jun
10900
0 Q
Q
Q
Q
Q
Q
Q
0 0 0 10900 1090
486 481
0 0
Q
0 I 0 I 0 I 486 I 4
Apr May Jun Total
0 0
0 0
June 7, 2022, Item #14
u,
0 .... .....
Table 3: Water Supplie 1
WatPr Suoolv
Drop-down List
May use each category multiple
Start Year:
Additional
times .These are the only water supply I Detail on Water categor ies that will be recognized by the
WUEdata online submittal tool
(Add additional rows as needed)
Purcha
cycled Water
Supply
Jul Aug
1 ~ 1 Volumetric Unit Used 2 :
Projected Water Supplies - Volume
3 Sep Oct Nov Dec Jan Feb Mar
0 0 0 0 0
0 0 0 0
~--- - = From prior tables
= Auto calculated
~
Water Quality
' Total Right or
Drop-down I
Safe Yield•
(optional)
Total by I List
Apr May I Jun Water Supp
10900 10900
.Q
.Q
.Q
.Q
.Q
.Q
.Q
.Q
0 0
~
900
I ~ 486
.Q
.Q
.Q
0 0
Notes : Our wholesale water supplier , the San Diego County Water Authority (SDCWA), has access to additional supplies through its Carryover Storage Program, which includes in-region surface storage of approximately 70,000 acre feet at San Vicente Reservoir . The Water Authority's policy is to limit use of that water to one-fifth of the total per year, if needed . The Water Authority also has an out-of -region groundwater banking program in the California Central Valley . In addition, the Water Authority has access to additional supplies from the Metropolitan Water District of Southern California via its preferential right to purchase water . Under a dry-year scenario, that volume of water is assumed to be at least 300,000 acre-feet per year . of water within the region. If Poway exceeds their anticipated demands listed in this report, the SDCWA will be able to accommodate the additional water needed . : Proiect1om are based on best available data at time of subm1tt1ng the report and actual supply volumes could be different due to many factors Units of measure (AF, (CF, MG) must remain cons1Stent
' When oµt1ng to µrov1de other than monthly volumes /b1·monthly, quarterly, or annual), please see d1rect1ons on entering data for Proiected Water Supplies 1n the Table Instructions Optional (for comparison purposes) Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May eAR Reported Total Water Supplies
Jun Total
0 June 7, 2022, Item #14
0\
0 ..... .....
Table 4(P): Potable Water Shortage Assessment
d WSCP Actions
%
0.0 0.0
.0
.0
070
.0
June 7, 2022, Item #14
Table 5: Planned Water Shortage Response Actions July 1, Anticipated
Shortage ACTIONS: Demand Reduction, Supply How much is action going to reduc action anticipated to be Level Augmentation, and Other Actions. Is action the shortage gap? implemented? Drop-down List of (Drop-down List) already being
State Standard These are the only categories that will be implemented? (Drop-down Levels (1 -6) and accepted by the WUEdata online submittal (Y/N) Enter Amount List) Start Month End Month tool. Select those that apply. Select% or
Volume Unit
ii da 0 % Ju n
No 0 % July June
0 (No Shortage) Water Features -Restrict water use for No 0 % July June decorative water features, such as fountains
0 (No Shortage) Other -Customers must repair leaks, breaks, Yes 0 % July June and malfunctions in a timely manner
0 (No Shortage) Other -Prohibit use of potable water for Yes 0 % July June 0 (No Shortage) Yes 0 % July June
0 % July June
Sho
Yes 0 % July June
Yes 0 % July June
Yes 0 % July June
Yes 0 % July June
0 (No Shortage) Yes 0 % July June
Notes: Per Executive Order N-7-22, our agency is implementing locally appropriate Level 2 response actions throughout the year even though there is no identified water supply shortage
7of7
June 7, 2022, Item #15
DATE:
TO:
FROM:
SUBJECT:
Summary:
June 7, 2022
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
(858) 668-4535 or [email protected]
Review of the City's Local Conflict of Interest Code
The Political Reform Act requires every local government agency to adopt and maintain a Local Conflict of Interest Code. In accordance with Government Code section 87306.5, no later than July 1 of each even-numbered year, the City Council shall direct staff to review the City's Conflict of Interest Code for possible amendments to reflect any added, changed or deleted positions since the last Local Conflict of Interest Code adoption.
Recommended Action:
It is recommended the City Council direct staff to review the City's Local Conflict of Interest Code in accordance with Government Code section 87306.5.
Discussion:
The Local Conflict of Interest Code designates positions required to file a Statement of Economic Interests, also known as the Fair Political Practices Commission's (FPPC) Form 700, and assigns disclosure categories specifying the types of interests to be reported to help determine if any disqualifications exist in making or participating in making decisions on behalf of the City or any other agencies which may have an influence on their financial interests.
The Political Reform Act Requires every local government agency to review its Local Conflict of Interest Code every even-numbered year to ensure that it is accurate and current. Specifically, Government Code section 87306.5 requires that the City Council, no later than July 1 of even-numbered years, direct staff to review the City's Local Conflict of Interest Code to determine if amendments are required or that no amendments are necessary. Once the determination has been made, a notice, referred to as the "biennial report", must be submitted by the City Clerk to the California Fair Political Practices Commission no later than October 3, 2022. If amendments to the Local Conflict of Interest Code are indeed necessary, the code must be forwarded to the City Council for approval within 90 days of that determination. Any amendments made would reflect changes in position titles, positions that may no longer exist, and the creation of new positions that meet the definition of a "designated employee" since the adoption of the last Local Conflict of Interest Code. 1 of 2
June 7, 2022, Item #15
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
None.
Reviewed/ Approved By:
Wendaserman
Assistant City Manager
2 of 2
Reviewed By:
Alan Fenstermacher
City Attorney
App roved By:
Chwz
City Manager
June 7, 2022, Item #16
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
June 7, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Servicest{J!., ,£if KJ.1 Henry Trang, Senior Civil Engineer
(858) 668-4602 or [email protected]
CITY COUNCIL
A Resolution Approving Master Agreement No. 11-5428521 with the State of California and Authorizing the City Manager to Execute Said Agreement and Approve Future Program Supplements
City staff received from Caltrans a Master Agreement Administering Agency-State Agreement for State-Funded projects No. 11-5428521 for execution by the City. The City and the State of California (State) must enter into an agreement to establish terms and conditions applicable to the City when receiving State funds for local transportation projects.
Recommended Action:
It is recommended the City Council approve the Resolution (Attachment A) approving Master Agreement No. 11-5428521 (Attachment B) and authorizing the City Manager to execute said agreement and future Program Supplements.
Discussion:
In order to be eligible for grant fund reimbursement for State-funded projects, the City must enter into a Master Agreement with the State, which establishes terms and conditions for projects. After the City and State have executed the Master Agreement, transportation projects receiving State funds will receive a Program Supplement specific to that project. Each phase of the project being State funded will have a separate Program Supplement. Program Supplements have a time restriction for execution and funds can be lost if not executed within that time allowance.
The City currently has two State-funded projects, the Local Road Safety Plan (LRSP) and the Poway Road Safety Improvements. The LRSP was included in a previous Master Agreement. The State's Master Agreement was recently updated and the City must execute the new version. The Poway Road Safety Improvements project is funded by a Highway Safety Improvements Program grant. City staff has submitted a request for authorization to begin the preliminary engineering phase of the project and has received approval from the State. This phase can begin after the execution of the Master Agreement Administering Agency-State Agreement for State-Funded Projects No. 11-5428S21 and a preliminary engineering phase program supplement.
1 of 20
June 7, 2022, Item #16
By authorizing the City Manager to approve and execute both the Master Agreement and future Program Supplements, the process is streamlined and prevents the potential loss of State funds due to time restrictions for executing the Agreements.
Environmental Review:
This item is not subject to the California Environmental Quality Act (CEQA).
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A. Resolution
B. Master Agreement Administering Agency-State Agreement for State Funded Projects No. 11- 5428S21
Reviewed/ Approved By:
Assistant City Manager
2 of20
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
June 7, 2022, Item #16
RESOLUTION
NO.
22-
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA,
APPROVING
MASTER
AGREEMENT
ADMINISTERING
AGENCY-STATE
AGREEMENT
FOR
STATE
FUNDED
PROJECTS
NO.
11-5428S21
AND
AUTHORIZING
THE
CITY
MANAGER
TO
EXECUTE
SAID
AGREEMENT
AND
APPROVE
FUTURE
PROGRAM
SUPPLEMENTS
WHEREAS,
Caltrans
frequently
issues
Program
Supplements
to
Local
Agency-State
Agreements
for
State-Funded
projects;
WHEREAS,
these
program
supplements
provide
State
funding
for
various
phases
of
public
works
and
capital
improvement
projects;
WHEREAS,
State
programming
procedures
require
that
a
Master
Agreement
Administering
Agency-State
Agreement
for
State-Funded
Projects
be
executed;
WHEREAS,
State
programming
procedures
require
that
a
Program
Supplement
be
executed
for
each
project;
WHEREAS,
the
Master
Agreement
Administering
Agency-State
Agreement
for
State
Funded
Projects
and
future
Program
Supplements
can
be
most
effectively
executed
by
the
City
Manager;
and
WHEREAS,
Master
Agreement
Administering
Agency-State
Agreement
for
State-Funded
Projects
No.
11-5428S21
is
included
in
the
staff
report
as
"Attachment
B."
NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows:
SECTION
1:
The
City
Council
hereby
approves
and
authorizes
the
City
Manager
to
execute
the
Master
Agreement
for
Administering
Agency-State
Agreement
for
State-Funded
Projects
No.
11-5428S21
and
Future
Program
Supplements
for
State-Funded
projects
within
the
City
of
Poway.
3 of
20 ATTACHMENT
A
June 7, 2022, Item #16
Resolution No. 22-
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of June, 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4of20
June 7, 2022, Item #16
MASTER AGREEMENT
ADMINISTERING AGENCY-STATE AGREEMENT FOR
STATE-FUNDED PROJECTS
11 City of Poway
District Administering Agency
Agreement No. 11-5428S21
This AGREEMENT, is entered into effective this ___ day of ____ , 20_, by and between the City of Poway, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:
1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and
2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or ST ATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and
3. WHEREAS, said PROJECT will not receive any federal funds; and
4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.
NOW, THEREFORE, the PARTIES agree as follows:
5 of20
June 7, 2022, Item #16
ARTICLE I -PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project-specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY.
2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work.
3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.
4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on-going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing.
5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.
6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT.
7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE.
8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA).
6 of 20 Page 2 of 16
June 7, 2022, Item #16
9. ADMINISTERING
AGENCY's
eligible
costs
for
preliminary
engineering
work
includes
all
preliminary
work
directly
related
to
PROJECT
up
to
contract
award
for
construction,
including,
but
not
limited
to,
environmental
studies
and
permits
(E&P),
preliminary
surveys
and
reports,
laboratory
work,
soil
investigations,
the
preparation
of
plans,
specifications
and
estimates
(PS&E),
advertising
for
bids,
awarding
of
a
contract
and
project
development
contract
administration. 10.
ADMINISTERING
AGENCY's
eligible
costs
for
construction
engineering
include
actual
inspection
and
supervision
of
PROJECT
construction
work;
construction
staking;
laboratory
and
field
testing;
and
the
preparation
and
processing
of
field
reports,
records,
estimates,
final
reports,
and
allowable
expenses
of
employees/consultants
engaged
in
such
activities.
11. Unless
the
PARTIES
agree
otherwise
in
writing,
ADMINISTERING
AGENCY's
employees
or
its
contracted
engineering
consultant
shall
be
responsible
for
all
PROJECT
engineering
work.
12. ADMINISTERING
AGENCY
shall
not
proceed
with
final
design
of
PROJECT
until
final
environmental
approval
of
PROJECT.
Final
design
entails
the
design
work
necessary
to
complete
the
PS&E
and
other
work
necessary
for
a
construction
contract
but
not
required
earlier
for
environmental
clearance
of
that
PROJECT.
13. If
PROJECT
is
not
on
STATE-owned
right-of-way,
PROJECT
shall
be
constructed
in
accordance
with
Chapter
11 of
the
LAPM
that
describes
minimum
statewide
design
standards
for
local
agency
streets
and
roads.
The
design
standards
for
projects
off
the
National
Highway
System
(NHS)
allow
STATE
to
accept
either
the
current
Caltrans
Highway
Design
Manual
standards,
the
current
FHWA-adopted
American
Association
of
State
Highway
and
Transportation
Officials
(AASHTO)
A
Policy
on
Geometric
Design
of
Highways
and
Streets
standards,
or
the
approved
geometric
design
standards
of
ADMINISTERING
AGENCY.
Additionally,
for
projects
off
the
NHS,
STATE
will
accept
ADMINISTERING
AGENCY-approved
standard
specifications,
standard
plans,
materials
sampling
and
testing
quality
assurance
programs
that
meet
the
conditions
described
in
the
then
current
Local
Assistance
Procedures
Manual. 14.
If
PROJECT
involves
work
within
or
partially
within
STATE-owned
right-of-way,
that
PROJECT
shall
also
be
subject
to
compliance
with
the
policies,
procedures
and
standards
of
the
STATE
Project
Development
Procedures
Manual
and
Highway
Design
Manual
and
where
appropriate,
an
executed
cooperative
agreement
between
STATE
and
ADMINISTERING
AGENCY
that
outlines
the
PROJECT
responsibilities
and
respective
obligations
of
the
PARTIES.
ADMINISTERING
AGENCY
and
its
contractors
shall
each
obtain
an
encroachment
permit
through
STATE
prior
to
commencing
any
work
within
STATE
rights-of-way
or
work
which
affects
STATE
facilities.
7 of20
Page
3 of
16 June 7, 2022, Item #16
15. When
PROJECT
is
not
on
the
State
Highway
System
(SHS)
but
includes
work
to
be
performed
by
a
railroad,
the
contract
for
such
work
shall
be
prepared
by
ADMINISTERING
AGENCY
or
by
STATE,
as
the
PARTIES
may
hereafter
agree.
In
either
event,
ADMINISTERING
AGENCY
shall
enter
into
an
agreement
with
the
railroad
providing
for
future
maintenance
of
protective
devices
or
other
facilities
installed
under
the
contract.
16. ADMINISTERING
AGENCY
shall
comply
with
the
provisions
of
sections
4450
and
4454
of
the
California
Government
Code,
as
well
as
other
Department
of
General
Services
guidance,
if
applicable,
for
the
contract
PS&E
for
the
construction
of
buildings,
structures,
sidewalks,
curbs
and
related
facilities
for
accessibility
and
usability.
Further
requirements
and
guidance
are
provided
in
Title
24 of
the
California
Code
of
Regulations.
17. ADMINISTERING
AGENCY
shall
provide
a
full-time
public
employee
to
be
in
responsible
charge
of
each
PROJECT.
ADMINISTERING
AGENCY
shall
provide
or
arrange
for
adequate
supervision
and
inspection
of
each
PROJECT.
ADMINISTERING
AGENCY
may
utilize
consultants
to
perform
supervision
and
inspection
work
for
PROJECT
with
a
fully
qualified
and
licensed
engineer.
Utilization
of
consultants
does
not
relieve
ADMINISTERING
AGENCY
of
its
obligation
to
provide
a
full-time
public
employee
to
be
in
responsible
charge
of
each
PROJECT.
18. Unless
otherwise
provided
in
the
PROGRAM
SUPPLEMENT,
ADMINISTERING
AGENCY
shall
advertise,
award,
and
administer
the
PROJECT
construction
contract
or
contracts.
19. The
cost
of
maintenance,
security,
or
protection performed
by
ADMINISTERING
AGENCY
or
contractor
forces
during
any
temporary
suspension
of
PROJECT
or
at
any
other
time
may
not
be
charged
to
the
PROJECT.
20. ADMINISTERING
AGENCY
shall
submit
PROJECT-specific
award
information
to
STATE's
District
Local
Assistance
Engineer,
within
sixty
(60)
days
after
contract
award.
21. ADMINISTERING
AGENCY
shall
submit
the
final
report
documents
that
collectively
constitute
a
"Final
Project
Expenditure
Report",
LAPM
Exhibit
17-M,
within
one
hundred
eighty
(180)
days
of
PROJECT
completion.
Failure
by
ADMINISTERING
AGENCY
to
submit
a
"Final
Project
Expenditure
Report",
within
180
days
of
project
completion
will
result
in
STATE
imposing
sanctions
upon
ADMINISTERING
AGENCY
in
accordance
with
the
Local
Assistance
Procedures
Manual.
22. ADMINISTERING
AGENCY
shall
comply
with
the
Americans
with
Disabilities
Act
(ADA)
of
1990
that
prohibits
discrimination
on
the
basis
of
disability
and
all
applicable
regulations
and
guidelines
issued
pursuant
to
the
ADA.
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16 June 7, 2022, Item #16
23. The
Governor
and
the
Legislature
of
the
State
of
California,
each
within
their
respective
jurisdictions,
have
prescribed
certain
nondiscrimination
requirements
with
respect
to
contract
and
other
work
financed
with
public
funds.
ADMINISTERING
AGENCY
agrees
to
comply
with
the
requirements
of
the
FAIR
EMPLOYMENT
PRACTICES
ADDENDUM,
attached
hereto
as
Exhibit
A
and
further
agrees
that
any
agreement
entered
into
by
ADMINISTERING
AGENCY
with
a
third
party
for
performance
of
work
connected
with
PROJECT
shall
incorporate
Exhibit
A
(with
third
party's
name replacing
ADMINISTERING
AGENCY)
as
parts
of
such
agreement.
24. ADMINISTERING
AGENCY
shall
include
in
all
contracts
and
subcontracts
awarded
when
applicable,
a
clause
that
requires
each
subcontractor
to
comply
with
California
Labor
Code
requirements
that
all
workers
employed
on
public
works
aspects
of
any
project
(as
defined
in
California
Labor
Code
sections
1720-1815)
be
paid
not
less
than
the
general
prevailing
wage
rates
predetermined
by
the
Department
of
Industrial
Relations
as
effective
at
the
date
of
contract
award
by
the
ADMINISTERING
AGENCY.
ARTICLE
II -RIGHTS-OF-WAY
1. No
contract
for
the
construction
of
a
STATE
FUNDED
PROJECT
shall
be
awarded
until
all
necessary
rights
of
way
have
been
secured.
Prior
to
the
advertising
for
construction
of
PROJECT,
ADMINISTERING
AGENCY
shall
certify
and, upon
request,
shall
furnish
STATE
with
evidence
that
all
necessary
rights-of-way
are
available
for
construction
purposes
or
will
be
available
by
the
time
of
award
of
the
construction
contract.
2. The
furnishing
of
rights
of
way
by
ADMINISTERING
AGENCY
as
provided
for
herein
includes,
and
is
limited
to,
the
following,
unless
the
PROGRAM
SUPPLEMENT
provides
otherwise. (a)
Expenditures
of
capital
and
support
to
purchase
all
real
property
required
for
PROJECT
free
and
clear
of
liens,
conflicting
easements,
obstructions
and
encumbrances,
after
crediting
PROJECT
with
the
fair
market
value
of
any
excess
property
retained
and
not
disposed
of
by
ADMINISTERING
AGENCY.
(b)
The
cost
of
furnishing
of
right-of-way
as
provided
for
herein
includes,
in
addition
to
real
property
required
for
the
PROJECT,
title
free
and
clear
of
obstructions
and
encumbrances
affecting
PROJECT
and
the
payment,
as
required
by
applicable
law,
of
damages
to
owners
of
remainder
real
property
not
actually
taken
but
injuriously
affected
by
PROJECT.
(c)
The
cost
of
relocation
payments
and
services
provided
to
owners
and
occupants
pursuant
to
Government
Code
sections
7260-7277
when
PROJECT
displaces
an
individual,
family,
business,
farm
operation
or
nonprofit
organization.
(d)
The
cost
of
demolition
and/or
the
sale
of
all
improvements
on
the
right-of-way
after
credit
is
recorded
for
sale
proceeds
used
to
offset
PROJECT
costs.
(e)
The
cost
of
all
unavoidable
utility
relocation,
protection
or
removal.
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Page
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16 June 7, 2022, Item #16
(f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made.
3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non-matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.
ARTICLE Ill -MAINTENANCE AND MANAGEMENT
1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.
2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.
3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires.
Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY.
All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.
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June 7, 2022, Item #16
4. ADMINISTERING
AGENCY
shall
comply
with
all
applicable
law,
including
but
not
limited
to,
all
applicable
legal
authority
regarding
construction
standards.
ARTICLE
IV
-FISCAL
PROVISIONS
1. All
contractual
obligations
of
STATE
are
subject
to
the
appropriation
of
resources
by
the
Legislature
and
the
allocation
of
resources
by
the
CTC.
2. STATE'S
financial
commitment
of
STATE
FUNDS
will
occur
only
upon
the
execution
of
this
AGREEMENT,
the
execution
of
each
project-specific
PROGRAM
SUPPLEMENT
and/or
ST
ATE's
approved
finance
letter.
3. ADMINISTERING
AGENCY
agrees,
as
a
minimum,
to
submit
invoices
in
arrears
for
reimbursement
of
allowable
PROJECT
costs
at
least
once
every
six
months
commencing
after
the
ST
ATE
FUNDS
are
encumbered
on
either
the
project-specific
PROGRAM
SUPPLEMENT
or
through
a
project-specific
finance
letter
approved
by
STATE.
STATE
reserves
the
right
to
suspend
future
allocations
and
invoice
payments
for
any
on-going
or
future
STATE
FUNDED
project
performed
by
ADMINISTERING
AGENCY
if
PROJECT
costs
have
not
been
invoiced
by
ADMINISTERING
AGENCY
for
a
six-month
period
4. Invoices
shall
be
submitted
on
a
standardized
billing
summary
template,
in
accordance
with
Chapter
5 of
the
LAPM
to
claim
reimbursement
by
ADMINISTERING
AGENCY.
For
construction
invoices,
pay
estimates
must
be
included.
5. ADMINISTERING
AGENCY
must
retain
at
least
one
copy
of
supporting
backup
documentation
for
allowable
costs
incurred
and
claimed
for
reimbursement
by
ADMINISTERING
AGENCY.
ADMINISTERING
AGENCY
agrees
to
submit
supporting
backup
documentation
with
invoices
if
requested
by
State.
Acceptable
backup
documentation
includes,
but
is
not
limited
to,
agency's
progress
payment
to
the
contractors,
copies
of
cancelled
checks
showing
amounts
made
payable
to
vendors
and
contractors,
and/or
a
computerized
summary
of
PROJECT
costs.
6. Payments
to
ADMINISTERING
AGENCY
can
only
be
released
by
STATE
as
reimbursements
of
actual
allowable
PROJECT
costs
already
incurred
and
paid
for
by
the
ADMINISTERING
AGENCY.
7. Indirect
Cost
Allocation
Plans/Indirect
Cost
Rate
Proposals (ICAP/ICRP),
Central
Service
Cost
Allocation
Plans
and
related
documentation
are
to
be
prepared
and
provided
to
the
Inspector
General
-
Independent
Office
of
Audits
and
Investigations
for
review
and
approval
prior
to
ADMINISTERING
AGENCY
seeking
reimbursement
of
indirect
cost
incurred
within
each
fiscal
year
being
claimed
for
reimbursement.
ICAPs/lCRPs
must
be
prepared
in
accordance
with
the
requirements
set
forth
in
2 CFR,
Part
200,
Chapter
5 of
the
LAPM,
and
the
ICAP/ICRP
approval
procedures
established
by
STATE.
11 of
20 Page
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16 June 7, 2022, Item #16
8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter.
10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.
11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.
12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.
13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE.
14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter.
15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CalHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess
12 of 20 Page 8 of 16
June 7, 2022, Item #16
of CalHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand.
16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326.
17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments.
ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.
18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations.
19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual.
20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.
21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is 13 of 20 Page 9 of 16
June 7, 2022, Item #16
constituted as a Joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.
22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.
ARTICLE V
AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS
1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.
2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.
3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1 B funds, from the date of final payment to ADMINISTERING AGENCY.
4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.
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June 7, 2022, Item #16
5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for A&E Consultant Contracts.
6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335-10381 for other professional service contracts.
7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.
8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.
9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries.
ARTICLE VI -MISCELLANEOUS PROVISIONS
1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws.
2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT.
3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of ST A TE.
15 of 20 Page 11 of 16
June 7, 2022, Item #16
5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.
6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.
7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.
9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.
10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.
11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 16 of 20 Page 12 of 16
June 7, 2022, Item #16
12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY.
The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.
13. Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.
14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.
15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by ST ATE under this AGREEMENT.
16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.
17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.
18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the 17 of 20 Page 13 of 16
June 7, 2022, Item #16
extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or ST ATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.
19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.
20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.
21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By ___________ _
Chief, Office of Project Implementation
Division of Local Assistance
Date -----------
City of Poway
By ___________ _
City of Poway
Representative Name & Title
(Authorized Governing Body Representative)
Date -----------
18 of 20 Page 14 of 16
June 7, 2022, Item #16
EXHIBIT A -FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.
2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.
3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.
4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.
5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act. 19 of 20 Page 15 of 16
June 7, 2022, Item #16
(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement. 20 of 20 Page 16 of 16
June 7, 2022, Item #17
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
June 7, 2022
Honorable Mayor and Members of the City Co~cil
Enc Heidemann, Director of Public Works (i
Jessica Parks, Public Works Utilities Administrator...-r-n (858) 668-4703 or [email protected] ~ 1
CITY COUNCIL
Adopt a Resolution to Implement the Water Use Restrictive Actions of a Water Shortage Level 2
California is currently in its third year of significant state-wide drought which is impacting water storage supplies and the ability to meet water demands within certain areas of the State. On March 28, 2022, the Governor issued Executive Order N-7-22, calling on the State Water Resources Control Board (SWRCB) to initiate a plan for water suppliers to activate their Water Shortage Contingency Plans (WSCP) and initiate the mandatory water conservation actions in Level 2 along with a ban on irrigating decorative turf in Commercial, Industrial, and Institutional (CII) sectors for up to one year.
On May 24, 2022, the SWRCB adopted emergency regulations that include the provisions of the Governor's Executive Order N-7-22 with mandatory actions each urban water supplier must implement by June 10, 2022.
The City of Poway has been at a Water Shortage Contingency Plan Level 1 with voluntary water measures since March 2017. To meet the requirements of the State, the City would need to implement mandatory water use restrictions identified in its Water Shortage Contingency Plan Level 2.
Recommended Action:
It is recommended the City Council adopt the Resolution implementing the mandatory water use restriction actions identified within its Water Shortage Contingency Plan Level 2; and authorize the City Manager to take other actions as appropriate.
Discussion:
The Governor issued an executive order on March 28, 2022, to have the SWRCB require water suppliers to: 1) submit their Annual Water Supply and Demand Assessment (AWSDA) a month earlier than the State Regulations require; 2) initiate a banning of irrigation for "non-functional" turf (or grass) in CII sectors; and 3) require urban water suppliers to activate Level 2 mandatory water conservation 1 of 12
June 7, 2022, Item #17
actions from their WSCP. On May 24, 2022, the SWRCB adopted emergency regulations that validified the Governor's executive order and may remain in effect for up to one year, unless rescinded earlier, or extended by the SWRCB.
To meet the SWRCB emergency regulations, Poway submitted a preliminary AWSDA to the State on May 31, 2022. The final AWSDA is due by July 1, 2022, and will be presented to City Council at its June 7, 2022 meeting. The AWSDA concludes Poway has sufficient water supplies to meet its demands from July 2022 through June 2023. Additionally, in coordination with the San Diego County Water Authority (SDCWA), it was determined there will be sufficient water supplies for Poway and the region for multiple dry years.
Staff has been working closely with the SDCWA, it's 24 member agencies, and water agencies throughout California and developed a comment letter for the SWRCB to consider a "Stress Test" approach in the Emergency Regulations (Attachment A). The "Stress Test" letter advocated that the SWRCB consider amending the proposed emergency regulations to allow water suppliers to use the results of their state required AWSDA to determine what specific water shortage response actions are required, if any. The SWRCB did not incorporate the suggested comments into the emergency regulations.
Poway's Water Conservation Plan (WC Plan) was adopted in 1993 and updated in 2008 as Poway Municipal Code (PMC) Chapter 8.94. The WC Plan identifies four water conservation levels, with Level 1 containing voluntary water use restrictions and Levels 2 through 4 imposing increasingly restrictive mandatory measures. On May 18, 2021, the City Council adopted Poway's Water Shortage Contingency Plan (WSCP) which aligns to the State's required six stages of drought planning and ties in with the PMC Chapter 8.94 -WC Plan. Poway has been in a Level 1 Water Shortage Watch with voluntary water conservation measures since March 2017, just after the last significant statewide drought in years 2015 and 2016. Poway's water demands are down 23% when compared with 2013's water demands and down 6% when compared with 2017's water demands.
In Poway's WSCP, it states the City will enter into a Water Shortage Response Level 2 when SDCWA notifies its member agencies a demand reduction of up to 20% is required due to water supply shortages resulting from drought in order to ensure sufficient supplies will be available to meet anticipated demands. The SDCWA has determined they do have sufficient supplies available and will not be moving to a Level 2 at this time. Instead, they will remain in a Level 1 and implement their Level 2 mandatory water use restrictions as required by the SWRCB. To keep in line with SDCWA and the region, staff is recommending the City also stay in a WSCP Level 1 and implement its WSCP Level 2 water use restrictions.
It's worth noting the mandatory water use restrictions in a WSCP Level 2 are designed to reduce water demands by up to 20%. With reduction in water demands, water sales will decrease, and water revenues will decline by an estimated $2.7 to $4 million annually. If Poway decides not to implement the actions of its WSCP Level 2, the State may issue administrative fines of $500 per day, which could equate to a fine of up to $182,500 a year.
Water Use Restrictions:
The WSCP Level 2 actions include all WSCP Level 1 voluntary actions to become mandatory with the addition of the following measures:
2 of 12
• Landscape watering shall be conducted only in conformance with landscape watering schedules approved by the City Manager;
June 7, 2022, Item #17
o The City Manager has designated the watering schedule to be no more than three (3) days per week and has determined watering schedules be based on the customer's own choosing.
• All leaks must be repaired within 72 hours of notification by the City of Poway; • Ornamental fountains or similar water features shall not be operated for more than six (6) hours per day; and
• Pool covers are encouraged but not required.
A complete list of mandatory water use restrictions is included in Exhibit A of the attached resolution (Attachment B).
Per the SWRCB's Emergency Regulations, the use of potable (drinking) water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites. However, the use of potable irrigation is not prohibited to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need. Consistent with PMC 8.94, additional types of properties will be exempt from the watering scheduled restrictions at Level 2, including: City-maintained parks, athletic fields, landscaped areas, and facilities; golf courses; Poway Unified School District properties; commercial growers and nurseries; and landscape irrigated with reclaimed water. This exemption recognizes these types of properties employ irrigation professionals using highly efficient irrigation practices.
Since Poway will remain in a WSCP Level 1, there are no enforcement actions required by the City.
Any enforcement for mandatory conservation actions will be handled by the State and residents will be able to report any water waste concerns to savewater.ca.gov.
Customers that participate in the Permanent Special Agricultural Water Rate will not be subject to additional mandatory cutbacks at this time since this is a State required regulation, and the SDCWA has not initiated water delivery cutbacks.
Staff has provided Attachment C to give an overview on drought conditions throughout the western region and information on current water supply conditions.
Outreach:
Staff will notify residents of the mandatory water use restrictions through local media outlets, the City's website, and the City's social media pages. In addition, the SDCWA will provide regional water conservation messaging to ensure a consistent message across the region's water suppliers.
Water Conservation Assistance:
Poway is a participant in the SDCWA's water conservation program which offers rebates and incentives, such as: high-efficiency clothes washers, high-efficiency toilets, weather-based irrigation controllers, rotating nozzles, rain barrels, and turf replacement. Also available through the SDCWA's program are free irrigation checkups to all residents and businesses within Poway. These programs can be found on the City's website at www.poway.org/waterconservation.
Water Conservation Rate Structure:
During a Water Shortage Response Level 2 or higher, PMC 8.94-0S0(B)(S) authorizes the City Council to take action to implement a conservation rate structure designed to encourage water conservation.
This provision was used in the last drought where a $0.75 per unit drought surcharge was added to customers' bills. Staff is not recommending a change to the current rate structure at this time and would only be able to implement a conservation rate when/if Poway enters a Water Shortage Level 2. 3 of 12
June 7, 2022, Item #17
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA)
Fiscal
Impact:
None
with
this
action.
If
in
the
following
months
funding
is
needed
to
encourage
and
promote
water
conservation,
sufficient
funds
are
available
in
Poway's
Water
Conservation
Project
(WTROOOS).
Additionally,
if
revenue
decreases
in
a
manner
that
would
adversely
impact
our
financing
plan
for
the
Water
Infrastructure
Improvement
Program,
staff
will
return
to
Council
to
discuss
and
recommend
solutions. Public
Notification:
None
prior
to
the
June
7,
2022,
City
Council
meeting;
however,
if
City
Council
adopts
the
resolution
Declaring
a Water
Shortage
Alert
Level
2 per
Poway's
Municipal
Code
Chapter
8.94 -
Water
Conservation
Plan,
the
City
shall
publish
a copy
of
the
resolution
in
the
local
newspaper
and
on
the
City's
website.
Attachments: A.
Letter
B.
Resolution
C.
Overview
Reviewed/
Approved
By:
Wendy
K
erman
Assistant
City
Manager
4 of
12 Reviewed
By:
Alan
Fenstermacher
City
Attorney
June 7, 2022, Item #17
Mesa Water
DI STR ICP· SINCE 185.4
.~ H 1-D E S E R T
ti~WATER
,.-DISTRICT
CITY OF
ElREKJ\
CALIFORNIA
CITRUS
HEIGHTS
WA T E R
DISTRICT
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ffl Yorba Linda
W Water District
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• Santa Ma':2fla':2'ita Municipal Water· Disrrict
Elsinore Valley Municipal Water District
... TRUCKEE DONNER
Public Utility District
May 19, 2022
Wate~ 01sfu1ct
Submitted via email: [email protected]
Ms. Jeanine Townsend
Clerk to the Board
State Water Resources Control Board
1 001 I Street
Sacramento, CA 95814
Subject: 05/24/2022 BOARD MEETING -ITEM 3 EMERGENCY REGULATION FOR WATER
CONSERVATION
5 of 12 ATTACHMENT A
June 7, 2022, Item #17
Dear Ms. Townsend,
We offer these comments as a statewide coalition of urban water suppliers advocating for the inclusion of a so-called "Stress Test" approach in the Emergency Regulation for Urban Water Conservation proposed by the State Water Resources Control Board (Water Board) to implement Governor Newsom's Executive Order N-7-22 (EO).
1. We support the Governor's action to issue the EO in advance of the third summer of our ongoing statewide drought, and we appreciate the emphasis on local water supplier actions to encourage additional water conservation by water users:
• We especially note the EO's direction that the Water Board "shall consider' adopting emergency regulations that require urban water suppliers to implement the demand response actions in their state-required water shortage contingency plans (WSCPs) to the shortage level of up to twenty percent (Level 2), as specified in Water Code Section 10632 (WC 10632). • Our "Stress Test" Coalition recognizes the important discretion granted to the Water Board to adopt emergency regulations that rely on these locally adopted WSCPs.
2. Our "Stress Test" Coalition also appreciates the Water Board's early release of its "working staff draft" of proposed regulatory text, and the public webinar on April 21, 2022, describing the proposal and soliciting early informal comments before the official comment period begins. Further, we appreciate the indications by Water Board staff that significant flexibility will be given to urban water suppliers, in recognition of variable local circumstances, to implement the adopted regulation in accordance with their WSCPs.
3. We are Requesting that the Water Board Amend the Regulation to Allow Water Suppliers Discretion to Implement Appropriate WSCP Actions Based on Results of the Annual Water Supply and Demand Assessment:
• Our "Stress Test" Coalition advocates that the Water Board consider amending the proposed emergency regulation to allow urban water suppliers to use their own water shortage contingency plans and the results of their state-required annual water supply and demand assessment to determine if and what specific water shortage response actions are required, as specified in WC 10632.1.
• Further, per WC 10632.3, even when the Governor declares a drought emergency, the Legislature has directed that the Water Board defer to the implementation of locally-adopted water shortage contingency plans.
• Both Sections 10632.1 and 10632.3 were incorporated into the Water Code as part of the "lessons learned" from the previous drought, and the supplier-specific risk assessment requirement is patterned after the successful "Stress Test" approach embraced by the state toward the end of the last drought.
4. "Stress Test" Coalition members have sufficiently reliable water supplies due to significant investments of ratepayer funds in additional and alternative water supply and conservation projects:
• We share an ongoing commitment to taking proactive action to enhance water reliability, and to continue our substantial ongoing investments in diverse local water supplies (i.e., recycled water, desalination, salinity management, stormwater capture, storage, etc.) and effective groundwater management.
• We have invested heavily in water conservation and incentive programs, and are committed to water use efficiency education and outreach.
6 of 12
June 7, 2022, Item #17
•
Despite
significant
continued
population
growth
in
many
of
our
service
areas,
we
continue
to
experience
lower
total
water
demands
.
•
Through
our
effective
communication
programs,
we
have
earned
significant
credibility
with
our
customers,
whom
we
trust
to
reduce
water
use
if this
drought
deepens,
in
proportion
to
local
water
supply
conditions.
The
EO
and
the
proposed
emergency
regulation require
water
suppliers
to
prepare
and
submit
a
"preliminary"
annual
water
supply
and
demand
assessment
one
month
early
. However,
requiring
water
systems
statewide
to
implement
Level
2 actions
--
regardless
of
the
system's
ability
to
meet
water
demands
with
available
supplies
--
is
much
like
the
approach
used
in
2015
of
imposing
statewide
water
use
reduction
mandates.
That
approach
not
only
led
to
significant
negative
economic
and
environmental
consequences
in
communities
statewide
, but
it
also
led
to
unnecessary
adverse
financial
impacts
on
consumers
and
water
systems
which
had
heavily
invested
in
water
supply
reliability
projects
to
help
buffer
the
impact
of
drought
on
their
customers.
5. Proposed
New
Language
to
Incorporate
the
"Stress
Test"
Approach
-
We
respectfully
request
that
the
current
draft
language
for
subsection
(c)
of
Section
996
Urban
Drought
Response
Actions
be
replaced
with
the following:
(c)
(1)
Each
urban
water
supplier
that
has
submitted
a
water
shortage
contingency
plan
to
the
Department
of
Water
Resources,
and
has
submitted
to
the
Department
of
Water
Resources
a
preliminary
annual
water
supply
and
demand
assessment
(AWSDA),
no
later
than
June
1, 2022,
demonstrating
that
the
supplier
is
not
experiencing
a
water
shortage
and
can
meet
water
demands
with
existing
supplies,
based
on
the
criteria
set
forth
in
the
supplier's
adopted
water
shortage
contingency
plan,
may
implement
by
June
10,
2022,
the
demand
reduction
actions
identified
in
the
supplier's
water
shortage
contingency
plan
adopted
under
Water
Code
10632
for
a
shortage
level
of
up
to
twenty
percent
(Level
2).
The
Final
AWSDA
submitted
on
July
1,
2022,
shall
substantiate
that
the
supplier
is
not
experiencing
a
water
shortage
and
can
meet
water
demands
with
expected
water
supplies.
(2)
Each
urban
water
supplier
that
has
submitted
a
water
shortage
contingency
plan
to
the
Department
of
Water
Resources,
and
has
submitted
to
the
Department
of
Water
Resources
a
preliminary
annual
water
supply
and
demand
assessment
(AWSDA),
no
later
than
June
1,
2022,
demonstrating
that
the
supplier
is
experiencing
a
water
shortage
and
cannot
meet
water
demands
with
existing
supplies,
shall
implement
by
June
10,
2022,
at
a
minimum,
the
associated
demand
reduction
actions
identified
in
the
supplier's
water
shortage
contingency
plan
adopted
under
Water
Code
10632
for
a
shortage
level
indicated
by
the
preliminary
AWSDA.
(3)
Notwithstanding
subdivisions
(1
and
2),
urban
water
suppliers
shall
not
be
required
to
implement
new
residential
connection
moratoria
pursuant
to
this
section.
Thank
you
for
considering
our
Coalition's
request
to
modify
the
emergency
regulation
to
better
align
with
the
"Stress Test"
approach
and
the full
purpose
of
WC
10632.
If
you
have
any
questions,
please
feel
free
to
contact
our
"Stress
Test"
Coalition's
representative,
Stacy
Taylor,
Water
Policy
Manager
at
Mesa
Water
District
(Mesa
Water®)
at
StacyT@MesaWater
.org
or
714.791
.0848.
Thank
you
for
your
consideration
.
Sincerely, City
of
Banning
City
of
Eureka
City
of
Poway
City
of
Santa
Barbara
7of
12 June 7, 2022, Item #17
City
of
Santa
Cruz
Citrus
Heights
Water
District
Coachella
Valley
Water
District
Desert
Water
Agency
Elsinore
Valley
Municipal
Water
District
Hi-Desert
Water
District
Humboldt
Bay
Municipal
Water
District
Georgetown
Divide
Public
Utilities
District
Mesa
Water
District
Olivenhain
Municipal
Water
District
Pico
Water
District
Rowland
Water
District
Sacramento
Suburban
Water
District
San
Juan
Water
District
Santa
Margarita
Water
District
Serrano
Water
District
Solano
Irrigation
District
South
Tahoe
Public
Utility
District
Truckee
Donner
Public
Utility
District
Utica
Water
and
Power
Authority
Valley
Center
Municipal
Water
District
Walnut
Valley
Water
District
Western
Municipal
Water
District
Yorba
Linda
Water
District
c:
The Honorable
E.
Joaquin
Esquivel,
Chair,
State
Water
Resources
Control
Board
The Honorable
Dorene
D'Adamo,
Vice
Chair,
State
Water
Resources
Control
Board
The Honorable
Laurel
Firestone,
Boardmember,
State
Water
Resources
Control
Board
The
Honorable
Sean
Maguire,
Boardmember,
State
Water
Resources
Control
Board
The
Honorable
Nichole
Morgan,
Boardmember,
State
Water
Resources
Control
Board
Ms.
Eileen
Sobeck,
Executive
Director,
State
Water
Resources
Control
Board
Mr.
Eric
Oppenheimer,
Chief
Deputy
Director,
State
Water
Resources
Control
Board
Mr.
David
Rose,
Senior
Staff
Counsel,
State
Water
Resources
Control
Board
Mr.
Christopher
Hyun,
State
Water
Resources
Control
Board
Ms.
Paola
Gonzalez,
State
Water
Resources
Control
Board
8 of
12 June 7, 2022, Item #17
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA,
ADOPTING WATER SHORTAGE LEVEL 2
CONSERVATION MEASURES
WHEREAS, the City of Poway imports nearly 100% of its potable water supply from the Metropolitan Water District of Southern California and the San Diego County Water Authority;
WHEREAS, the Governor issued Executive Order N-7-22 on March 28, 2022, calling on the State Water Resources Control Board to consider adopting emergency regulations to increase water conservation. The Executive Order includes a request that the Board require urban water suppliers to implement the water use restrictive actions within Level 2 of their water shortage contingency plans, and establish a ban on the irrigation of non-functional turf by water users in the commercials, industrial, and institutions sectors;
WHEREAS, on May 18, 2021, the City of Poway City Council adopted Poway's Water Shortage Contingency Plan with water use restrictions and six progressive ranges of water shortage response levels of 10%, 20%, 30%, 40%, 50% and greater than 50%; WHEREAS, on May 24, 2022, the State Water Resources Control Board adopted a Resolution implementing an emergency regulation to reduce water demand and improve water conservation;
WHEREAS, pursuant to that emergency regulation, California urban water suppliers shall implement by June 10, 2022 the demand reduction actions identified in their Water Shortage Contingency Plan level 2;
WHEREAS, pursuant to that emergency regulation, potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites with the stipulation that the use of water is not prohibited to the extent necessary to ensure the health of trees and other perennials non-turf plantings, or to the extent necessary to address an immediate health and safety need;
WHEREAS, on March 28, 2022, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Resource Control Board adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions; WHEREAS, the City of Poway has been in a Water Shortage Response Level 1 since March of 2017;
WHEREAS, to comply with the State Water Resources Control Board's Emergency Regulations, the City of Poway must implement the mandatory water use restrictions listed in its Water Shortage Contingency Plan Level 2, set forth in Poway Municipal Code section 8.94.050(8);
9 of 12 ATTACHMENT B
June 7, 2022, Item #17
WHEREAS,
the
City
of
Poway's
Water
Shortage
Contingency
Plan
states that
the
City
of
Poway
will
enter
into
a
Water
Shortage
Response
Level
2 when
the
San
Diego
County
Water
Authority
notifies
its
member
agencies
that
a
demand
reduction
of
20%
is
required
due
to
water
supply
shortages;
and
WHEREAS,
the
San
Diego
County
Water
Authority
is
not
declaring
a water
supply
shortage
and
will
remain
in
a
Water
Shortage
Level
1 while
implementing
its
Water
Shortage
Level
2 actions.
NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
City
Council
of
the
City
of
Poway
that:
1)
The
City
of
Poway
is
not
facing
a
water
supply
shortage
and
has
reduced
its
water
demands
by
24%
since
2013.
2)
The
City
of
Poway
will
follow
the
actions
of
its
wholesale
water
supplier,
the
San
Diego
County
Water
Authority,
and
remain
in
a
Water
Shortage
Response
Level
1. 3)
To
comply
with
the
State
Water
Resources
Control
Board's
May
24,
2022
emergency
regulations,
the
City
of
Poway
will
implement
its
Water
Shortage
Response
Level
2 mandatory
conservation
measures
set
forth
in
Poway
Municipal
Code
section
8.94.050(8).
4)
The
mandatory
water
conservation
measures
applicable
to
a
Water
Shortage
Response
Level
2 are
listed
in
"Exhibit
A"
attached
hereto.
5)
Should
the
San
Diego
County
Water
Authority
declare
a
Water
Shortage
Response
Level
2,
the
City
Council
authorizes
the
City
Manager
to
declare
a
Water
Shortage
Response
Level
2 as
set
forth
in
Poway
Municipal
Code
section
8.94.050(8),
without
further
action
by
City
Council.
6)
If the
City
of
Poway
enters
into
a Water
Shortage
Response
Level
2,
the
Water
Shortage
Response
Level
shall
remain
in
effect
in
the
City
of
Poway
until
otherwise
determined
by
the
City
Council
in
accordance
with
the
City
of
Poway's
Water
Shortage
Contingency
Plan.
PASSED,
ADOPTED AND
APPROVED
by
the
City
Council
of
the
City
of
Poway
at
a
regular
meeting
this
7 day
of
June,
2022.
Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher,
CMG,
City
Clerk
10 of
12 June 7, 2022, Item #17
Exhibit "A"
Poway Water Shortage Contingency Plan
Water Shortage Response Level 2 Conservation Measures
As outlined in Poway's Water Shortage Contingency Plan and the State Water Resources Control Board's Emergency Regulations, the following water conservation measures are mandatory:
• Limit landscape irrigation to no more than 3-days per week • Do not wash down paved surfaces unless for health and safety reasons • Do not allow water waste from inefficient landscape irrigation • The use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites; however, the use of potable water is not prohibited to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need
• Irrigate residential and commercial landscape before 10:00 a.m. and after 6:00 p.m. only
• Use a hand-held hose equipped with a positive shut-off nozzle of bucket for watering landscaped areas not irrigated by a landscape irrigation system • Irrigate nursery and commercial grower's products before 10:00 a.m. and after 6:00 p.m. only. Watering is permitted at any time using a hand-held hose equipped with a positive shut-off nozzle or bucket
• Use only recirculated water to operate ornamental fountains and operate for no more than six hours per day
• Wash vehicles only using a hand-held hose equipped with a positive shut-off nozzle and a bucket, or a high pressure/low volume wash system • Offer guests in hotels the option of not laundering towels and linens daily • Do not use single pass cooling equipment in new commercial applications • Use a water recirculation system for commercial conveyor car washes and all new commercial laundry systems
• Run only fully loaded dishwashers and washing machines • Repair all water leaks within 72 hours of notification by the City of Poway • Use recycled or non-potable water for construction purposes when available • Serve and refill water in restaurants only upon request 11 of 12
June 7, 2022, Item #17
Overview of the Current Drought and Water Supply Conditions In April and May 2021, the Governor issued proclamations that a state of emergency existed due to severe drought conditions. As drought conditions worsened through the 2021 summer and California experienced record-breaking temperatures, the Governor signed Executive Order N-10-21, which called on Californians to voluntarily reduce water use by 15% when compared to 2020 calendar year demands.
Dry conditions continued as the 2022 calendar year started off as the driest on record during what is typically California's rainy season. Warmer temperatures and dry weather reduced the amount of snowpack in the Northern Sierras and the Upper and Lower Colorado Basins. Reservoir levels throughout the State remain low including major State Water and Central Valley Project reservoirs such as Lake Oroville and Lake Shasta, which are at 55% and 40% of capacity respectively, as of May 24, 2022. On the Colorado River, Lake Mead is currently 29% full and Lake Powell is 25% full.
On April 1, 2022, the California Department of Water Resources conducted their annual snowpack measurements at the Phillips Station in the Northern Sierras. Typically, the snowpack is the deepest in April and the measurement is an indicator of how much water the snow melt will bring to the State Water Project (SWP) for the summer. The SWP is responsible for bringing drinking water to about 25 million people and provides irrigation for 750,000 acres of farmland. This year's measurement was approximately 4% of average.
The Bureau of Reclamation manages the Upper and Lower Colorado River Basins and has issued two urgent drought response actions to help increase the level of Lake Powell by nearly 1 million acre-feet of water over the next 11 months (one acre-foot of water equals 325,851 gallons). Lake Powell is the lowest it's been since originally being filled in the 1960s and is at a critical level where the Glen Canyon Dam will not be able to generate hydropower if the lake drops another 25-30 feet. About 5 million people across six states rely on this hydropower and nearly 40 million rely on the water supply.
For Southern California, the conditions of dry, warm weather are the same as the rest of the State; however, the San Diego County region has a robust water system that maximizes the reliability of the region's water. The San Diego County Water Authority (SDCWA) is Poway's water wholesaler, and the majority of Poway's drinking water is supplied by them. SDCWA has spent decades strategically investing in water storage and supply projects to diversify its water portfolio and provide safe and reliable water to its member agencies. The SDCWA's water resources range from the nation's largest seawater desalination plant to the nation's largest agriculture-to-urban water conservation and transfer agreement. Currently, the San Diego region has enough water to provide for all its customers through multiple dry years.
As California entered its third year of dry, warm weather, the Governor issued an executive order on March 28, 2022, to have the State Water Resources Control Board (SWRCB) require water agencies to submit a preliminary Annual Water Supply and Demand Assessment (AWSDA) by June 1, 2022, a month earlier than the State Regulations require, initiate an adoption of regulations banning irrigation of "non-functional" turf (or grass), and require urban water suppliers to activate Level 2 of their Water Shortage Contingency Plan (WSCP) with mandatory water conservation actions by June 10, 2022. 12 of 12 ATTACHMENT C
June 7, 2022, Item #18
DATE:
TO:
FROM:
SUBJECT:
Summary:
M EM ORAN DLJ M City of Poway
June 7, 2022
Members of the City Council
Steve Vaus, Mayor
Support of Community Assistance, Recovery and Empowerment (CARE) Court Legislation
CARE Court (Community Assistance, Recovery and Empowerment) is pending State legislation (SB 1338) under consideration in the California State Senate that would provide a new process to assist people living with untreated schizophrenia or other psychotic disorders who lack medical decision making capacity, many of whom are homeless. CARE Court will empower Californians in crisis, as well their family members, roommates, first responders, licensed behavioral health professionals, and others to petition to access the care, treatment, and housing plan needed. CARE Court connects a person struggling with untreated mental illness, and often also substance use challenges with a court ordered plan for up to 24 months. Each plan is managed by a care team in the community and can include clinically prescribed, individualized interventions with several supportive services, medications, and a housing plan. CARE Court does not wait until someone is hospitalized or arrested before providing treatment. The client-centered approach also includes a public defender and supporter to help make self-directed care decisions in addition to their full clinical team. All counties across the state will participate in CARE Court under the proposal and will be able to tap into multiple funding sources to provide the court ordered care and treatment.
CARE Court is intended for individuals who lack medical decision-making capacity because their illness is untreated or undertreated, and therefore may require a court ordered CARE plan to secure such treatment.
Recommended Action:
I ask for Councilmembers' concurrence to support the CARE Court legislation through approval of the attached resolution. The legislation as presented will help provide critical tools and a new approach to stabilize people with hardest-to-treat behavioral health conditions. 1 of 3
June 7, 2022, Item #18
Attachments:
A. Resolution
Reviewed/ Approved By
~~j, I' ~--"'·
Wendy ~serman
Assistant City Manager
2 of 3
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch( Ha tine
City Manager
June 7, 2022, Item #18
RESOLUTION. NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY SUPPORTING SB-1338, COMMUNITY
ASSISTANCE, RECOVERY, AND EMPOWERMENT (CARE)
COURT PROGRAM
WHEREAS, addressing the challenges of homelessness results in significant costs to the residents of the City; and
WHEREAS, mental illness and drug addiction are root causes for many experiencing homelessness, and until the challenges of mental illness and drug addiction of those experience homelessness are addressed, homelessness will remain a challenge for the City and other communities in California; and
WHEREAS, Governor Gavin Newsom presented legislation that will address mental illness and drug use-the legislation is referred to as SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program ("SB-1338"), which will serve as an important tool to help secure permanent housing for those experiencing homelessness.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF POWAY AS FOLLOWS:
1. The above recitals are true and correct, and are the findings of the City Council.
2. The City Council hereby supports SB-1338, and authorizes staff to support SB-1338 on behalf of the City.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of June, 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
3 of 3 ATTACHMENT A