Agenda packet — Poway City Council, June 4, 2024 (part 4 of 4)

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
June 4, 2024
Honorable Mayor and Members of the City C~cil
Eric Heidemann, Director of Public Works '1
Alisa Nichols, Utilities Administrator ~
(858) 668-4703 or [email protected]

CITY COUNCIL
Approve the City of Poway's 2024-2025 Annual Water Supply and Demand Assessment As required by state legislation, urban water suppliers are required to complete an Annual Water Supply and Demand Assessment (Annual Assessment) including information regarding any anticipated water shortage, planned water shortage response actions, and communication, compliance and enforcement actions. Staff completed Poway's 2024-2025 Annual Assessment which concluded the City of Poway will have sufficient water supplies to meet all anticipated demands for the next 12 months starting July 1, 2024.

Recommended Action:

It is recommended the City Council approve the 2024-2025 Annual Assessment and authorize the submittal of the Annual Water Shortage Assessment Report (Annual Shortage Report) to the State of California with any modifications requested by the Department of Water Resources (DWR) or the State Water Resources Control Board to be corrected administratively by staff.

Discussion:

Beginning in 2022, California Water Code § 10632.1 requires water suppliers to prepare an annual water supply and demand assessment and submit an assessment report to DWR covering the 12- month period starting July 1. Annual Assessments are used to evaluate short-term water supply reliability for the upcoming year and the corresponding Annual Shortage Report must be submitted to DWR on or before July 1.

On May 18, 2021, the City Council adopted Poway's Water Shortage Contingency Plan (WSCP) which includes prescribed actions to prepare an Annual Assessment, including conducting an analysis of projected water supply and demands, presenting the results to City Council and submitting the results, and any necessary shortage response 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 demand and ensure adequate supply. 1 of7
June 4, 2024, Item #10
DWR provided a guidebook and required template for each urban water supplier to complete and submit as their Annual Shortage Report. 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 DWR guidelines and Poway's WSCP prescribed actions, staff reviewed anticipated local water demands and consulted with the San Diego County Water Authority (SDCWA) on regional supplies and constraints. Due to hydrological wet conditions over the last two preceding winters and continued regional supply diversification efforts by regional wholesalers, SDCWA and Metropolitan Water District of Southern California, sufficient water supplies are available to meet Poway's expected demands.

Based on these findings, the City of Poway's 2024-2025 Annual Assessment (Attachment A) concludes adequate water supplies are available to meet expected customer demands. Water supplies will not be curtailed by known infrastructure constraints, dry and hot weather conditions, or other restrictions, and no additional actions should be required.

Environmental Review:

This action is not subject to review under the California Environmental Act (CEQA).

Fiscal Impact:

There is no fiscal impact as a result of this action.

Public Notification:

None.

Attachments:

A. City of Poway's 2024-2025 Annual Water Supply and Demand Assessment Reviewed/Approved By:

Wendy Kaserman
Assistant City Manager
2 of7
Reviewed By:

Alan Fenstermacher
City Attorney
A~~
Chris Ha
City Manager
June 4, 2024, Item #10
Table 1. Annual Assessment Information
i-6lt.@t:t\.s~s~n:iedf:«.ltiiri"ijjJlh • '
·•, •.· .. ·: _-,_ '
.. .
-•-' ·' -'
', ; -· . "
-~·· .. . -
Year Covered By This Shortage Report (Required)
Start: July 1, 2024
End: June 30, 2025
Volume Unit for Reported Supply and Demand:
(Must use the same unit throughout) AF
Supplier's Annual Assessment Planning Cycle (Required)
Start Month: July
End Month: June
Data Interval: Annually (1 data point per year)
Water Supplier's Contact Information (Required)
Water Supplier's Name: City of Poway
Contact Name: Alisa Nichols
Contact Title: Utilities Administrator
Street Address: 14467 Lake Poway Road
ZIP Code: 92064
Phone Number: (858)668-4703
Email Address: [email protected]
Report Preparer's Contact Information
'if different from above)
Preparer's Organization Name:

Preparer's Contact Name:

Phone Number:

Email Address:

Supplier's Water Shortage Contingency Plan
WSCP Title Water Shortage Contingency Plan
WSCP Adoption Date 5/18/2021
.,,.-!ll~ )f.~niii,.. ,_, .; "'-:j;.l~\1~~-~" :.:.: -~--~•" It ©,t r!f ~-~] ~S§~e~i:t tecu. .IJlti~. ) ,_, < ,;. • ... ;, -~· ~ --_. ·xt~ ,if·~ f. .. ", _.._.., ··~:; , .. ·:}•-u, -r·,:._ •.,
-~ , __ " .:: -r.

Activity Timeline/ Outcomes/ Links / Notes
Annual Assessment/ Shortage Report Title: Optional
Annual Assessment/ Shortage Report Approval Date:

Other Annual Assessment Related Activities: Optional
(Add rows as needed)
3 of7 ATTACHMENT A
June 4, 2024, Item #10
.i:,.
0 .... .....

Drop-down list
May select each use multiple times
These are the only Use Types that will
be recognized by the WUEdata online
submittal tool
(Add additional rows as needed)
Del'll;!n!!s SeJ:,i"ed~ l!_otlil!Je]i!l!)>lles
All Demands
All Demands
Notes:

I
Additional
Description
(as needed)
Treatment
for Non
Potable
I I - ,,, ... ~; :- -~ . -.:at.;-;~~
I Tertiary I I
Total by Month (Non-Potable) I 0 I 0
Optional (for comparison purposes) Jul Aug
last year's total demand
Two years ago total demand
Three years ago total demand
Four years ago total demand
Projected Water Demands - Volume3
Feb Mar
I I I I 0 I 0
•; ~ ,)--;,'-~-- . ';l'..,._-_,:.:7'.;_;.'lo;;,,: 7 • '~ I I I I I I I I I I ml 441
Q
0 0 0
I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 441 I 441
Sep Oct Nov Dec Jan Feb M•r Apr May Jun Total
0 0
0 0
June 4, 2024, Item #10
u,
0 ....
-.J
I , = From prior tables I ! = Auto calculated
I pjMil.H►1i(II ~ ~ --;."": - -v!'I ,,, , ··~. ;.e,,:,,•nc;•.al .:;,;;,--L...,__--3,.., ,,, ••. _ ....... - -.·d Droo.ao
May use each category multiple
times .These are the only water Additional
Projected Water Supplies· Volume'
Water
Quality supply categories that will be I Detail on
recognized by the WUEdata online Water Supply I I nrop -down ( dd dd
~~bmilttal tool d d) Jul I Aug I Sep I Oct I Nov I Dec I Jan I Feb I Mar I I I I Total by LiSt A a 111ona rows as nee e pcjtllb'
Purchased/Imported . Water
0 0 Q
Q
Q
Q
0 Total by Month (Potable) I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 9625 I 9625 I Total by Month (Non-Potable) 0 0 0 0 0 0 0 0 0 0 0 441
I
Total Right
or Safe
Yield•
(optional)
0 0
Notes: Our wholesale water supplier, the San Diego County Water Authority, 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 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.

June 4, 2024, Item #10
en
0 -4'
...., !Table 4(P): Potable Water Shortage Assessment' Start Year: 2024 Jul Aug Sep Oct Nov
Anticipated Unconstrained Demand o.o 0.0 0.0 0.0
Anticipated Total Water Supply 0.0 0.0 0.0 0.0
Surplus/Shortage w/o WSCP Action o.o 0.0 o.o 0.0
% Surplus/Shortage w/o WSCP Action
State Standard Shortage Level 0 0 0 0 0
Planned WSCP Actions'
Benefit from WSCP: Supply Augmentation
Benefit from WSCP: Demand Reduction
Revised Surplus/~ortage with \\/SQ' 0.0 0.0 0.0 0.0
[~ % Revised Surplus/Shortage with WSCP I
1Assessments are based on best available data at time of submitting the report and actual volumes could be different due to many factors . ' Units of measure (AF. CCF, MG) must remain consistent .

Dec

0.0 0.0

0.0 0.0
0 0.0 0.0
= Auto calculated
= From prior tables
= For manual input
Volumetric Unit Used 2: AF
Jan Feb Mar Apr May Jun3 Total

0.0 0.0 o.o o.o 0.0 9625.0 9625.0

0.0 0.0 0.0 0.0 0.0 9625.0 9625.0

0.0 0.0 0.0 o.o 0.0 o.o 0.0
0% 0%
0 0 0 0 0 0 0
o.o
o.o

0.0 0.0 0.0 o.o 0.0 0.0 o.o
3When optional monthly volumes aren't provided . verify Tables 2 and 3 use the same columns for data entry <ind are reflected properly in Table 4 and mJke sure to use tho u• same column s to enter the bcneflh from Pl.inned WSCP Actions. Pltw r.e see directio ns on thr shortage balancing exercise in the Table Instructions . If a shortage is proj ected, the supplier Is highly recommcmded to perform a monthly analysis to more accurately identify the time of short.1ge . .;If you enter any WSC~ Benefits, the~ vou mus~ e~ter the correspondi~g pla!1!1~?-~~io~s Into Ta~le 5~ ·- ~ ________ _ Table 4(NP): Non-Potable Water Shortage Assessment1 Start Year: 2024 Jul Aug Sep Oct Nov
Anticipated Unconstrained Demand: Non-Potable 0.0 0.0 0.0 0.0 Anticioated Total Water Supply: Non-Potable o.o 0.0 0.0 0.0 Surplus/Shortage w/o WSCP Action: Non-Potable 0.0 0.0 0.0 0.0 % Surplus/Shortage w/o WSCP Action: Non-Potable
Planned WSCP Actions
4 Benefit from WSCP: Supply Augmentation
Benefit from WSCP: Demand Reduction
Revised Surplus/Shortage with WSCP 0.0 0.0 0.0 o.o
! % Revised Surplus/Shortage with WSCP !
1Assessments are bas~d on best available data at time of submitting the report and actual volumes could be different due to many factors. 1Units of measure (AF, CCF, MG} must remain consistent .

0.0 o.o

0.0 o.o
Volumetric Unit Used' :

Dec Jan Feb Mar

0.0 0.0 0.0

0.0 0.0 0.0
= Auto calculated j
= From prior tables
= For manual Input J
AF
Apr May Jun' Total

0.0 0.0 0.0 441.0 441.0
o.o o.o 0.0 441.0 441.0
o.o 0.0 0.0 0.0 0.0
0% 0%

0.0 0.0

0.0 0.0 0.0 0.0 o.o
1when optional monthly volumes aren't provided, verify Tables 2 and 3 use the same columns for data entry and are reflected prop erly in Table 4 and make sure to use tho se same columns to enter the benefits from Planned WSCP Action s. Ple,1sc sec dir ection s on the shortage balancing exercise in the Table Instructions. If a shortage is projected , the supplier Is highly recommended to perform a monthly an;ilysis to more accurately Identify the tim e of short age. ' 11 you enter any WSCP Benefits, then you must enter the correspondin g planned Actions Into Table S.

June 4, 2024, Item #10
Anticipated Shortage ACTIONS
1 : Demand Reduction, Supply
How much is action going to When is shortage response
reduce the shortage gap? action anticipated to be
level Augmentation, and Other Actions. Is action (Optional) implemented'? Drop-down list of (Drop-down list) already being State Standard levels (1 -These are the only categories that will be implemented? /Drop-down 6) and level O (No accepted by the WUEdata online submittal (Y/N) Enter Amount List) Start Month End Month Shortage) tool. Select those that apply. Select% or Volume Unit
Add additional rows as needed
0 (No Shortage) Other-Prohibit use of potable water for washi Yes July June O (No Shortage) Landscape -Restrict or prohibit runoff
Yes July June from landsca e irri ation
0 (No Shortage) Landscape -limit landscape irrigation to Yes July June s ecific times 0 (No Shortage) Other -Require automatic shut of hoses Yes July June Water Features -Restrict water use for
0 (No Shortage) decorative water features, such as Yes July June fountains
0 (No Shortage) Landscape -Restrict or prohibit runoff Yes July June from landsca e irri ation 0 (No Shortage) Other-Require automatic shut of hoses Yes July June O (No Shortage) err -Lodging establishment must offer opt Yes July June out of linen service
O(NoShorta e) err -Other err restriction or rohibition Yes Jul June 0 (No Shortage} CII -Other err restriction or prohibition Yes July June Other -Customers must repair leaks,
0 (No Shortage) breaks, and malfunctions in a timely Yes July June manner
0 (No Shortage) Other -Prohibit use of potable water for Yes July June construction and dust control 0 (No Shortage) Landscape -limit landscape irrigation to Yes July June specific days O (No Shortage) Pools -Allow filling of swimming pools only Yes July June when an appropriate cover is in place. 0 (No Shortage) err -Restaurants may only serve water
u on re uest Yes July June
0 (No Shortage} Offer Water Use Surveys Yes July June
O (No Shorta e) Provide Rebates for Turf Re lacement Yes Jul June 0 (No Shortage) Provide Rebates on Plumbing Fixtures and Yes July June Devices 0 (No Shorta e} CII -Other CII restriction or rohibition Yes Jul June NOTES: On March 24, 2023, Executive Order N-5-23 terminated the requirement for urban water suppliers to implement Level 2 Notes Section to be used only actions. Poway's regional wholesaler, the San Diego County Water Authority (SDCWA), deactivated Level 1 and for clarifying details, and not implementation of Level 2 actions of their Water Shortage Contingency Plan, effective July 1, 2023. Poway's WSCP and its for listing specific actions. subsequent actions are directly linked to SDCWA's water supply reliability as Poway currently obtains all of its potable water Actions must be entred into supply from SDCWA. On August 1, 2023, Poway adopted Resolution No. 23-044 to Return to Poway's WSCP Water Shortage table rows above. Level 1 Voluntary Water Measures. The Level 1 voluntary demand reduction actions are as follows: Other· Prohibit use of potable water for washing hard surfaces; Landscape -Restrict or prohibit runoff from landscape irrigation; Landscape -limit landscape irrigation to specific times; Other -Require automatic shut of hoses; Water Features -Restrict water use for decorative water features, such as fountains; 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; err -Lodging establishment must offer opt out of linen service; err -Do not use single-pass cooling equipment in new commercial applications; CII -Use a water recirculation system for commercial conveyor car washes and all new commercial laundry systems; Other -Run only fully loaded dishwashers and washing machines; Other-Customers must repair leaks, breaks, and malfunctions in a timely manner; Other· Prohibit use of potable water for construction and dust control; Landscape -Limit landscape irrigation to specific days; Pools -Allow filling of swimming pools only when an appropriate cover is in place; and err -Restaurants may only serve water upon request. Identified "Other err restriction or prohibition" is as follows: 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. ·•11y~u plan Supply.Augme-;;iatlo·n Actions.then y-;,u must enter WSCP Benefits from S~pply Aug,:;,ent~tlo;; Act1on-;i~t~-Ta.ble i1f you· plan Oem-;,nd Red~ct10~ A~tio;,-; then you must enter WSCP Benefits from Demand Reduction Actions into Table 4. (If an Action IS planned to be implemented in multiple non-contiguous periods of the year, please make separate entries on multiple rows for the same action spanning !_he d,ff~r_:nt 1mpleme~taUon periods. _ .. _ . _ • _ . , 7 of7
June 4, 2024, Item #11
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PQ RT City of Poway

CITY COUNCIL
June 4, 2024
Honorable Mayor and Members of the City C~ncil
Eric Heidemann, Director of Public Works 'l y
Will Wiley, Assistant Director of Public Works for Maintenance Operations (858) 668-4705 or [email protected]
Award of Agreement to Sweeping Corp of America, SCA of CA, LLC for Bus Stop Cleaning and Maintenance Services; RFP No. 24-017
A request for proposal (RFP) for Bus Stop Cleaning and Maintenance Services, RFP No. 24-017, was duly advertised on April 11 and April 18, 2024 by the City of Poway (City). One (1) responsive proposal was received and opened on May 2, 2024. Staff reviewed the proposal submitted and selected Sweeping Corp of America, SCA of CA, LLC (SCA) as the company to provide bus stop cleaning and maintenance services to the City. As the current vendor for the City, staff determined SCA to be qualified in providing these services. The length of this Agreement shall be for two (2) years beginning on July 1, 2024, through June 30, 2026. The Agreement can be extended by a maximum of three (3) one-year terms.

Recommended Action:

It is recommended the City Council award the Agreement for Bus Stop Cleaning and Maintenance Services, RFP No. 24-017 to Sweeping Corp of America, SCA of CA, LLC and authorize the City Manager to execute the necessary documents.

Discussion:

The City is responsible for maintaining 136 bus stops, 122 of which have shelters and/or benches.

Currently, there are 91 active bus stops and 45 inactive bus stops. The service includes all bus stops, irrespective of their active status. The Contractor will inspect for pests (e.g., termites), perform weed abatement, graffiti removal, sidewalk cleaning, bench cleaning and general litter removal. Additionally, each site will receive supplemental cleaning and maintenance, which includes power washing of surfaces, repair/replacement of broken fixtures and parts. The Contractor will be responsible for furnishing skilled labor, material, equipment, tools, insurance, permits and fees, as necessary to render the services according to the specifications set forth in the RFP. 1 of24
June 4, 2024, Item #11
The
City
advertised
the
RFP
and
proactively
contacted
companies
to
encourage
submissions.

The
City
received
one
(1)
proposal
on
May
2,
2024.

SCA
was
selected
to
provide
bus
stop
cleaning
and
maintenance
services.

As
the
current
vendor
for
the
City,
staff
continue
to
view
SCA
as
reliable
and
consistent
in
their
maintenance
practices
and
responsive
to
the
City's
requests.

The
cost
results
from
the
proposal
received
are
included
in
Table
1 below: Table
1 Proposal
Results
-
Bus
Stop
Cleaning
and
Maintenance
Services
Bus
Shelter*
Maintenance
31 of
1 Shelter
Maintenance
$29.00
$899.00
$10,788.00
per
month
Bus
Bench*
Maintenance
2 91
of
1 bench
Maintenance
$23.00
$2,093.00
$25,116.00
per
month
Bus
Stop
-
No
Bench
or
Shelter*
3 45
Maintenance
Maintenance
$20.34
$915.30
$10,983.60
of
1 bus
stop
Labor
Rates
for
As-Needed/Extraordinary
Maintenance
4 Hour
Skilled
Labor
$35.00
N/A
$875.00
(Hourly)
(Hourly
x 25)
Unskilled
$28.00
$1,120.00
5 Hour
Labor
N/A
(Hourly
(Hourly
x 40)
The
length
of
the
initial
Agreement
is
two
(2)
years
beginning
July
1,
2024,
through
June
30,
2026.

The
Agreement
may
be
extended
subject
to
City
Council
appropriation
of
funds
through
a total
of
three
(3)
separate
one-year
extensions.

The
maximum
length
of
the
Agreement
would
be
up
to
five
(5)
years.

Environmental
Review:

This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).

Fiscal
Impact:

The
proposed
Fiscal
Year
2024-25
Bus
Shelter
Improvement/Maintenance
project
budget
(MNT0018)
includes
$28,000
for
these
services.

Public
Notification:

None. 2
of24
June 4, 2024, Item #11
Attachments: A.

Standard
Agreement
Reviewed/Approved
By:

Wendy
Kaserman
Assistant
City
Manager
3 of24
Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

I
June 4, 2024, Item #11
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 1st day of July 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and SCA of CA, LLC, (hereinafter referred to as "Contractor").

RECITALS
WHEREAS, City desires to obtain the services of a private Contractor to perform Bus Stop Cleaning and Maintenance Servies;
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services;
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:

1. Scope of Services.

Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

2. Compensation and Reimbursement.

City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

3. Term of Agreement.

The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

4. Termination.

This Agreement may be terminated with or without cause by City.

Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 4 of 24 ATTACHMENT A
June 4, 2024, Item #11
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.

5. Confidential Relationship.

City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

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

6. Office Space and Clerical Support.

Contractor shall provide its own office space and clerical support at its sole cost and expense.

7. Covenant Against Contingent Fees.

Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.

For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

8. Ownership of Documents.

All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
5 of24
June 4, 2024, Item #11

9. Conflict of Interest and Political Reform Act Obligations.

During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
6 of24
(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.

June 4, 2024, Item #11
DISCLOSURE DETERMINATION:
~ 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.

No disclosure required.

D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.

Department Director

10. No Assignments.

Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.

11. Maintenance of Records.

Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.

12. Independent Contractor.

At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.

13. Licenses, Permits, Etc.

Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
7 of24
June 4, 2024, Item #11

14. Contractor's Insurance. Contractor
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
'15.

Indemnification.
(a)
For
Claims
(as
defined
herein)
other
than
those
alleged
to
arise
from
Contractor's
negligent
performance
of
professional
services,
City
and
its
respective
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers
(individually
and
collectively,
"lndemnitees")
shall
have
no
liability
to
Contractor
or
any
other
person
for,
and
Contractor
shall
indemnify,
protect
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
liabilities,
claims,
actions,
causes
of
action,
proceedings,
suits,
damages,
judgments,
liens,
levies,
costs
and
expenses,
including
reasonable
attorneys'
fees
and
disbursements
(collectively
"Claims"),
which
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
occurring
as
a
result
of
Contractor's
negligent
performance
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Contractor,
its
agents,
officers,
directors,
sub-Contractors
or
employees.
(b)
For
Claims
alleged
to
arise
from
Contractor's
negligent
performance
of
professional
services,
lndemnitees
shall
have
no
liability
to
Contractor
or
any
other
person
for,
and
Contractor
shall
indemnify
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
Claims
that
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
to
the
extent
occurring
as
a
result
of
Contractor's
negligent
performance
of
any
professional
services
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Contractor,
its
agents,
officers,
directors,
sub-Contractors
or
employees,
committed
in
performing
any
of
professional
services
under
this
Agreement.

For
Claims
alleged
to
arise
from
Contractor's
professional
services,
Contractor's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Contractor's
negligence.
(c)
The
foregoing
obligations
of
Contractor
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Contractor,
anyone
directly
or
indirectly
employed
by
it or
anyone
for
whose
acts
it may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Contractor
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts.
8 of24
June 4, 2024, Item #11
(e)
Contractor
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Contractor
is
carrying
and
maintaining;
however,
if
Contractor
fails
to
take
such
action
as
is
necessary
to
make
a claim
under
any
such
insurance
policy,
Contractor
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Contractor
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section

15. (g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.

16. Assumption
of
Risk.

Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Contractor:
(a)
Contractor
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Contractor
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Contractor's
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor's
Scope
of
Services;
and
(b)
it
is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Contractor
or
its
employees
in
connection
with
Contractor's
performance
its
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor's
Scope
of
Services.

17. Contractor
Not
an
Agent.

Except
as
City
may
specify
in
writing,
Contractor
shall
have
no
authority,
expressed
or
implied,
to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.

Contractor
shall
have
no
authority,
expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.

18. Personnel. Contractor
shall
assign
qualified
and
certified
personnel
to
perform
requested
services.

The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects.

City shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Contractor
by
giving
oral
or
written
notice
to
Contractor
to
such
effect.

Contractor's
personnel
shall
at
all
times
comply
with
City's
drug
and
alcohol
policies
then
in
effect.
9 of24
June 4, 2024, Item #11

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.

Contractor
hereby
waives
any
right
to
remove
any
such
action
from
San
Diego
County
as
is
otherwise
permitted
by
California
Code
of
Civil
Procedure
section
394
.

The
prevailing
party
in
any
such
action
or
proceeding
shall
be
entitled
to
recover
all
of
its
reasonable
litigation
expenses,
including
its
expert
fees,
attorneys'
fees,
courts
costs,
arbitration
costs,
and
any
other
fees.

Notwithstanding
the
foregoing,
in
the
event
that
the
subject
of
such
an
action
is
compensation
claimed
by
Contractor
in
the
event
of
termination,
Contractor's
damages
shall
be
limited
to
compensation
for
the
60-day
period
for
which
Contractor
would
have
been
entitled
to
receive
compensation
if
terminated
without
cause,
and
neither
party
shall
be
entitled
to
recover
their
litigation
expenses.

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

22. Counterparts. This
Agreement
(and
any
amendments)
may
be
executed
in
multiple
counterparts
, each
of
which
shall
be
deemed
an
original,
but
all
of
which,
together,
shall
constitute
one
and
the
same
instrument.

Documents
delivered
by
telephonic
facsimile
transmission
shall
be
valid
and
binding
.

23. Entire
Agreement.

This
Agreement
shall
constitute
the
entire
understanding
between
Contractor
and
City
relating
to
the
terms
and
conditions
of
the
services
to
be
performed
by
Contractor.

No
agreements,
representations
or
promises
made
by
either
party,
whether
oral
or
in
writing,
shall
be
of
any force
or
effect
unless
it is
in
writing
and
executed
by
the
party
to
be
bound
thereby.
10 of
24 June 4, 2024, Item #11

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 (Cal PERS) and shall not become members of CalPERS while providing services to City.

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

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
11 of24
June 4, 2024, Item #11
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

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

Carrie Gallagher, City Clerk
APPROVED AS TO FORM:

SCA of CA, LLC
By:-------------
Brad Becker, Regional Vice President
Date: ------------
By:--------------
Alan Fenstermacher, City Attorney
12 of 24
June 4, 2024, Item #11
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.

Contractor agrees to perform bus stop cleaning and maintenance service as required by the City. The City may require as-needed routine cleaning for these bus stops on a very limited basis. The Contractor shall provide the necessary qualified personnel to perform the services. In performance of the services, Contractor shall:

A. Part A -Cleaning Services:

1. Facility Inspection: The Contractor shall inspect the job site(s) at the following frequencies:

Job Sites Inspection Frequency
Bus Shelters: 31 Monthly -2nd Tuesday
(27 wood shelters; 4 stucco shelters) of month
Bus Stops: 91 Monthly -2nd Tuesday
(with benches) of month
Bus Stops: 45 Quarterly
(without benches) (every 3 months) -2nd
Tuesday of month
The Contractor shall complete a checklist of sites inspected, work performed, and recommended action items in order of priority. The checklist shall be submitted to the City of Poway Contract Specialist with the monthly invoice. The City shall review the recommended action items and authorize the necessary corrective maintenance/repairs. Recommended methods to complete each task, recommended labor hours required to complete each task, and recommended materials required to complete each task shall be authorized by the City. 13 of 24

2. Routine Cleaning -Frequency shall be once per month:
a. Designated job sites shall be swept clean of dust, dirt, and debris, and all foreign matter removed, including, but not limited to: litter, chewing gum, fecal matter, stones, glass, paper, metal, leaves, twigs and illegally dumped materials.
b. All unwanted markings including, but not limited to, paint, stickers, and signage, shall be removed from shelters, benches, signs, poles, trash cans, kiosks, map/schedule displays, etc.
c. Pedestrian access walkways including all sidewalks, decorative concrete walkways adjacent to transit areas, including curb lines, shall be cleaned in a manner to provide safe, unobstructed public use/access.

June 4, 2024, Item #11
14 of 24
d. All accessible areas including, but not limited to, inside roof areas, walls, and posts shall be cleaned using approved methods and eliminating all cobwebs and other unwanted debris.
e. All planting bed areas not planted with groundcover or filled with concrete shall be raked and the debris shall be removed. f. Excess or overgrown shrubs and plant materials within the designated areas (on public property) shall be trimmed back from controller units, valve boxes, benches and other transit facilities to maintain proper clearance and cleanliness, and the debris shall be removed. g. All debris that may restrict proper drainage flows within the gutter channel or at the inlet, including soil, weeds and litter shall be removed in accordance with City's Best Management Practices (BMPs). h. Weeds shall be removed from all bus stop sites and shall be removed from all cracks in paved areas, including sidewalks, curbs, asphalt, all hardscape, and areas covered with ornamental rocks. Weeds shall be cleared by hand, mechanical, or chemical methods. The City may restrict the use of chemical weed control in certain areas. The Contractor shall maintain a ten-foot (1 O'), weed-free strip next to all bus transit stops.

3. Supplemental Cleaning: The Contractor(s) shall implement and follow all mobile and surface cleaning Best Management Practices for Power Washing as established by APPENDIX B. The Contractor shall perform the following supplemental work once per year:
a. Power wash surfaces and shelters on an as-needed basis or upon City request. At a minimum, wash water must be filtered before entering a storm drain or removed in accordance with Best Management Practices (BMPs) established by the City of Poway.
b. Power wash trash receptacles at each stop. At a minimum, wash water must be filtered before entering a storm drain or handled in accordance with Best Management Practices (BMPs) established by the City of Poway.

B. Part B -Maintenance and Repair Services:
a. Replace missing or broken light bulbs (at lighted shelter stops). b. Replace missing fixtures or parts at shelters and on benches and kiosks. c. Repair or replace broken fixtures or parts at bus shelters, bus stops, and on benches and kiosks.

June 4, 2024, Item #11
15 of24
d. Touch up (e.g., sanding, painting, buffing) at shelters, bus stops and on benches and kiosks. The Contractor(s) shall receive City approval with regard to painting benches and kiosks. Paint type, quality, and color is to match the existing paint, whenever possible, with approval by the City.

The application process shall be per manufacturer's instructions and guidelines.

1. Pest Control: Areas shall be inspected regularly for signs of pests.

Pesticides shall be used only upon the recommendation of a State of California Department of Pesticide Regulation Licensed Pesticide Advisor.

The Contractor shall assume all liability, licensing and responsibility for the use of all pesticides and herbicides.

The Contractor is responsible for applying the appropriate remedy at the recommended amounts by a State of California Department of Pesticide Regulation licensed operator. The name of the product applied, and the treatment shall be submitted in writing to the City, and application dates coordinated with the City. Safety Data Sheets (SDS's) of any chemicals used by the Contractor shall be provided by the Contractor to field crews and the City. Copies of all Pesticide Use Reports, Restricted Materials Permit, and any other documentation provided to the State of California, or the County of San Diego shall be provided to the City.

Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the treatment area. Application methods shall be used which ensure that materials are confined to the treatment area.

Spray tanks containing leftover materials shall not be drained on the site to prevent any contamination. Disposal of pesticides shall comply with the guidelines established by the State of California Department of Pesticide Regulation.

Spray equipment shall be in good operating condition, of high quality, and designed to efficiently apply materials to the treatment area. Pesticide drift will be minimized by avoiding high-pressure applications and using water soluble drift agents.

2. Supplemental Maintenance: The Contractor shall perform the following supplemental work once per year:
a. Replace light bulbs at lighted shelters.
b. Conduct termite inspection of all wood shelters by a State of California Structural Pest Control Board Licensed Operator.
c. Sand and refinish benches. The Contractor(s) shall receive City approval with regard to painting benches and kiosks. Paint type, quality, and color is to match the existing paint, whenever possible, or as accepted by the City. The application process shall be per June 4, 2024, Item #11
manufacturer's
instructions
and
guidelines.
d.

Paint
bus
shelters.

The
Contractor(s)
shall
receive
City
approval
with
regard
to
painting
shelters
and
kiosks.

Paint
type,
quality,
and
color
is
to
match
the
existing
paint,
whenever
possible
, or
as
accepted
by
the
City.

The
application
process
shall
be
per
manufacturer's
instructions
and
guidelines.

Part
C
-Graffiti
Removal
Call-Outs
B.

The
Contractor(s)
shall
implement
and
follow
all
mobile
and
surface
cleaning
Best
Management
Practices
for
Power
Washing
as
established
in
the
City
of
Poway's
"Preventing
Urban
Runoff
Pollution,"
brochure,
herein
attached
as
Appendix
B.

The
Contractor(s)
shall
receive
City
approval
with
regard
to
painting
benches
and
kiosks
.

Paint
type,
quality,
and
color
is
to
match
the
existing
paint,
whenever
possible,
or
as
accepted
by
the
City.

The
application
process
shall
be
per
manufacturer's
instructions
and
guidelines.

City
policy
is
to
remove
graffiti
within
twenty-four
(24)
hours
of
notification.

If
the
City
receives
notification
of
a
graffiti
incident
at
any
City
bus
stop
facility,
the
City
shall
request
the
Contractor
to
remove
the
graffiti
within
twenty-four
(24)
hours
from
the
time
the
Contractor
is
notified
by
the
City
. The
City
shall
define
the
scope
of
each
"incident.
" Payment
for
this
work
on
either
a
time
or
material
basis,
or
per
incident,
shall
be
at
the
discretion
of
the
City.

The
City
may
exercise
the
option
of
performing
this
work
through
its
Public
Works
Department
in
order
to
comply
with
the
twenty-four
(24)
hour
policy.

The
City
has
no
obligation
to
compensate
the
Contractor
if
the
City
completes
the
work.

Compensation
and
Reimbursement.

City
shall
pay
Contractor
a
fee
in
accordance
with
the
Fee
Proposals
submitted
with
the
proposals
dated
May
2,
2024,
which
are
included
in
this
document
as
Attachment

1. Contractor's
fee
shall
include,
and
Contractor
shall
be
responsible
for
the
payment
of
all
federal,
state
, and
local
taxes
of
any
kind
which
are
attributable
to
the
compensation
received. In
addition
to
said
consulting
fee,
Contractor
shall
be
reimbursed
for
all
reasonable
expenses,
including
lodging,
telephone,
and
travel
(air,
auto
, rail)
necessarily
incurred
in
performance
of
the
services
. Contractor
shall
bill
City
for
such
expenses
as
incurred,
referencing
this
Agreement.

All
expenses
shall
be
itemized
and
supported
by
receipts
for
amounts
in
excess
of
Twenty-Five
Dollars
($25.00).

Statements
for
reimbursement
of
expenses
shall
be
paid
within
ten
(10)
days
of
approval
by
City
. All
air
travel
shall
be
billed
at
coach
or
special
fare
rates.

Reimbursement
for
lodg
ing
is
limited
to
travel
from
outside
of
San
Diego
County.

Contractor
shall
receive
prior
authorization
16 of
24 June 4, 2024, Item #11
for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.

C. Term of Agreement.

This Agreement shall be effective from the period commencing July 1, 2024, and ending June 30, 2026, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Agreement and any Agreement extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first year of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than July 1, 2026. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.

D. Contractor's Insurance.
1 . Coverages:

Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.

2. Endorsements:

Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) 17 of 24
June 4, 2024, Item #11
"City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."

3. Insurance Certificates:

Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.

E. Notices.

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:

To City:

To Contractor:
18 of24
City of Poway
P.O. Box 789
Poway, CA 92074
SCA of CA, LLC
4141 Rockside Road, Suite 100
Seven Hills. OH, 44131
June 4, 2024, Item #11
31 2 91
3 45
4 5
19 of 24
ATTACHMENT 1

FEE SCHEDULE
Bus Shelter*
Maintenance
of 1 Shelter Maintenance $29.00
per month
Bus Bench*
Maintenance
of 1 bench Maintenance $23.00
per month
Bus Stop -No Bench or Shelter*
Maintenance Maintenance $20.34 of 1 bus stop
$899.00
$2,093.00
$915.30
Labor Rates for As-Needed/Extraordinary Maintenance
Hour Skilled Labor $35.00 N/A
(Hourly)
Unskilled $28.00
Hour Labor N/A
(Hourly
(Remainder of page intentionally left blank)
$10,788.00
$25,116.00
$10,983.60
$875.00
(Hourly x 25)
$1,120.00
(Hourly x40)
June 4, 2024, Item #11

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)
20 of
24 (1)Notwithstanding
subdivision
(c),
any
retired
person
shall
not
be
eligible
to
serve
or
be
employed
by
a
public
employer
if,
during
the
12-month
period
prior
to
an
appointment
described
in
this
section,
the
retired
person
received
June 4, 2024, Item #11
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
a
public
employer.

A
retiree
shall
certify
in
writing
to
the
employer
upon
accepting
an
offer
of
employment
that
he
or
she
is
in
compliance
with
this
requirement. (2)A
retired
person
who
accepts
an
appointment
after
receiving
unemployment
insurance
compensation
as
described
in
this
subdivision
shall
terminate
that
employment
on
the
last
day
of
the
current
pay
period
and
shall
not
be
eligible
for
reappointment
subject
to
this
section
for
a
period
of
12 months
following
the
last
day
of
employment.
(f)A
retired
person
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a
period
of
180
days
following
the
date
of
retirement
unless
he
or
she
meets
one
of
the
following
conditions:
21 of24
(1
)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have passed
and
the
appointment
has
been
approved
by
the
governing
body
of
the
employer
in
a
public
meeting.

The
appointment
may
not
be
placed
on
a
consent
calendar.
(2)
(A)Except
as
otherwise
provided
in
this
paragraph,
for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
state
employment
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
Department
of
Human
Resources.

The
department
may
establish
a
process
to
delegate
appointing
authority
to
individual
state
agencies,
but
shall
audit
the
process
to
determine
if abuses
of
the
system
occur.

If
necessary,
the
department
may
assume
an
agency's
appointing
authority
for
retired
workers
and
may
charge
the
department
an
appropriate
amount
for
administering
that
authority
.
(B)For
legislative
employees,
the
Senate
Committee
on
Rules
or
the
Assembly
Rules
Committee
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.

The
appointment
may
not
be
placed
on
a
consent
calendar.
(C)For
employees
of
the
California
State
University,
the
Trustees
of
the
California
State
University
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.

The
appointment
may
not
be
placed
on
a
consent
calendar.

June 4, 2024, Item #11
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 ofthe 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:
2013 Amendment:

Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
22 of 24
June 4, 2024, Item #11

GUARANTY
To the City of Poway, City Council, for:

BUS STOP CLEANING AND MAINTENANCE SERVICES
The undersigned guarantees the work included in this project(s).

Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.

The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.

Contractor
Date
23 of24
June 4, 2024, Item #11

WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." Contractor
By:

Title
Date
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
24 of24
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT Cltyof Poway

CITY COUNCIL
June 4, 2024
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works �
Will Wiley, Assistant Director of Public Works for Maintenance Operation.£......,..- (858) 668-4705 or [email protected] JT
Award of Agreement to Pro-Craft Construction, Inc. for As-Needed Plumbing Services; RFP No. 24-016
A request for proposals (RFP) for As-Needed Plumbing Services, RFP No. 24-016, was duly advertised on April 11 and April 18, 2024. Two (2) responsive proposals were received and opened on May 2, 2024. Staff reviewed the proposals submitted and selected Pro-Craft Construction, Inc. as the company to provide As-Needed Plumbing Services to the City of Poway (City). Staff determined Pro Craft Construction, Inc. to be responsive and qualified to provide these services. The length of this agreement shall be for two (2) years beginning on July 1, 2024, through June 30, 2026. The agreement can be extended by a maximum of three (3) one-year terms.

Recommended Action:

It is recommended City Council award the agreement for As-Needed Plumbing Services, RFP No. 24- 016 to Pro-Craft Construction, Inc., and authorize the City Manager to execute the necessary documents.

Discussion:

The City has a continuing need for as-needed plumbing maintenance and repair services at its facilities throughout the City. While the City's maintenance staff performs various plumbing work at City facilities, the City requires plumbing contractor services for larger jobs involving excavation, re-piping and replacement/installation of various equipment including drinking fountains, restroom fixtures and water heaters. Additionally, contractor plumbing services are needed to perform emergency repairs and supplement City staff.

The City issued a notice inviting proposals for plumbing services in April 2024. Two (2) proposals were received and opened on May 2, 2024. Evaluation criteria for the proposals included overall experience, technical expertise, work force coverage capacity, references, and cost of service. After reviewing the 1 of23
June 4, 2024, Item #12
June 4, 2024, Item #12
proposals, City staff selected Pro-Craft Construction, Inc. as the best qualified contractor to provide as-needed plumbing services, as they effectively addressed all desired sections in the proposal results below. The RFP required contractors provide hourly rates for various service types. The cost results from proposals received are included in Table 1:

Table 1
Proposal Results -As-Needed Plumbing Services Hourly Rates HPS Mechanical, Inc.

Mon-Fri
Service Type After Hours & Sundays/Holidays 7:00 a.m.-Saturdays 3:30 p.m. 1 plumber, 1 $249.00 $390.00 $390.00 vehicle
2 plumbers, 1 $498.00 $780.00 $780.00 vehicle
Slab Leak
Detection N/A N/A N/A
Equipment
Sewer Camera $371.00 $429.00 $429.00 Equipment
Router $149.00 $223.50 $223.50 Equipment
Pro-Craft Construction, Inc.

Mon-Fri
Service Type After Hours & Sundays/Holidays 7:00 a.m.-Saturdays 3:30 p.m.
1 plumber, 1 $298.58 $376.72 $454.89 vehicle
2 plumbers, 1 $513.12 $645.84 $795.61 vehicle
Slab Leak
Detection $424.00 $424.00 $424.00
Equipment
Sewer Camera $389.25 $389.25 $389.25 Equipment
Router $190.80 $190.80 $190.80 Equipment
Under the agreement, the contractor is responsible for furnishing all professional plumbing services, skilled labor, material, equipment, tools, insurance, permits and fees, as necessary to render the services according to the specification set forth in the RFP. The length of the initial agreement is two (2) years beginning July 1, 2024, through June 30, 2026. The agreement may be extended subject to City Council appropriation of funds through a total of three (3) separate one-year extensions. The 2 of23
June 4, 2024, Item #12
maximum
length
of
the
Contract
would
be
up
to
five
(5)
years.

Environmental
Review:

This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).

Fiscal
Impact:

The
proposed
Fiscal
Year
2024-25
Facilities
Maintenance
Division
budget
(415010-412QO)
includes
$80,000
for
As-Needed
Plumbing
Services.

Public
Notification:

None. Attachments: A.

Standard
Agreement
Reviewed/
Approved
By
:

Wendy
Kaserman
Assistant
City
Manager
3 of23
Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

City
Manager
June 4, 2024, Item #12
City of Poway

ST AN OARD AGREEMENT FOR SERVICES
This Agreement, entered into this 1st day of July 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and Pro-Craft Construction, Inc. (hereinafter referred to as "Contractor").

RECITALS
WHEREAS, City desires to obtain the services of a private Contractor to perform As-Needed Plumbing Services;
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services;
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:

1. Scope of Services.

Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

2. Compensation and Reimbursement.

City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

3. Term of Agreement.

The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

4. Termination.

This Agreement may be terminated with or without cause by City.

Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 4 of23 ATTACHMENT A
June 4, 2024, Item #12
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.

5. Confidential Relationship.

6. Office Space and Clerical Support.

Contractor shall provide its own office space and clerical support at its sole cost and expense.

7. Covenant Against Contingent Fees.

8. Ownership of Documents.

9. Conflict of Interest and Political Reform Act Obligations.

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;

June 4, 2024, Item #12
DISCLOSURE DETERMINATION:
~ 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.

No disclosure required.

Department Director

10. No Assignments.

11. Maintenance of Records.

12. Independent Contractor.

13. Licenses, Permits, Etc.

14. Contractor's Insurance.

Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise· from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
8 of23
June 4, 2024, Item #12
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section

15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.

16. Assumption of Risk.

Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services.

17. Contractor Not an Agent.

Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.

Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

18. Personnel.

Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.

City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect.

Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
9 of23
June 4, 2024, Item #12

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

21. Gender.

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

22. Counterparts.

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

23. Entire Agreement.

This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
10 of 23
June 4, 2024, Item #12

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.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
11 of 23
June 4, 2024, Item #12
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

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

Carrie Gallagher, City Clerk
APPROVED AS TO FORM:

Pro-Craft Construction, Inc.

By:-------------
Christopher McFayden, President
Date: ------------
By:--------------
Alan Fenstermacher, City Attorney
12 of 23
June 4, 2024, Item #12
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.

Contractor shall only perform such work under assignment from the City from time-to time, each assignment being distinct and separate projects. The table on the following pages provides a list of the facilities that will be covered by the agreement. As an "as-needed" contract, the Contractor shall only perform such work under assignment from the City from time-to-time, each assignment being a distinct and separate project. Facilities may be added or deleted during the course of the contract. As-needed plumbing services for these facilities will include (but are not limited to) such services as:
a. Leaks, slab and pipe
b. Clear water, sewer pipes and drains
c. Inspection, repair and replacement services
i. Dishwashers and other kitchen equipment
ii. Toilets and urinals
iii. Showers
iv. Laundry
v. Sinks, kitchen, bathroom, mop and utility
vi. Hot Water Heaters
vii. General pipe repairs -copper, PVC, cast iron, galvanized, flex viii. Recirculating Pumps
ix. Sewer Lift Stations
City of Poway Facilities List
Facility Address Sq. Ft
City Hall 13325 Civic Center Dr. 50,400
Council Chambers 13325 Civic Center Dr. 5,900
Chiller Plant at City Hall 13325 Civic Center Dr.

Public Works Administration Building 14467 Lake Poway Rd. 5,700 Crew Lounqe / Warehouse 14445 Lake Poway Rd. 7,467
Vehicle Maintenance 14415 Lake Poway Rd. 5,628
Vehicle Storage 14445 Lake Poway Rd. 5,200
Lake Poway Administration Buildinq 14644 Lake Poway Rd. 1,100 Lake Poway -Concession Stand 14644 Lake Poway Rd. 1,850 Lake Poway -FFA Buildinqs 14644 Lake Poway Rd. 3,600
Lake Poway -Boat Dock 14644 Lake Poway Rd. 3,700
Lake Poway -Pavilion 14644 Lake Poway Rd. 1,510
Lake Poway -Entrance Booth 14644 Lake Poway Rd. 100
Lake Poway -Crew Facility 14644 Lake Poway Rd. 600
Lake Poway -Lower Ball Field Restrooms 14644 Lake Poway Rd. 1,056 13 of 23
June 4, 2024, Item #12
Lake
Poway
-Middle
Restrooms
14644
Lake
Poway
Rd.
560
Lake
Poway
-
Upper
Restrooms
14644
Lake
Poway
Rd.
560
MCCC
Multipurpose
13904
Civic
Center
Dr.
10,372
MCCC
Classrooms/PW
Office
13904
Civic
Center
Dr.
7,222
Community
Park
-Pool
Entrance
BuildinQ
13094
Civic
Center
Dr.
3,249
Community
Park
-Pool
Filter
Housinq
13094
Civic
Center
Dr
.
1,847
Community
Park
-Concession
Stand
13094
Civic
Center
Dr
.
400
Community
Park
Ball
Field
Restrooms
13094
Civic
Center
Dr
.
501
Skate
Park
and
Restroom
13094
Civic
Center
Dr.
500
Old
Poway
Park
Museum
14134
Midland
Rd.
2,135
Old
Poway
Park
Train
Barn
14134
Midland
Rd
.
2,695
Old
Poway
Park
Temolars
Hall
14134
Midland
Rd.
1,620
Old
Poway
Park
Porter
House
(historic)
14134
Midland
Rd
.
2,1~0
Old
Poway
Park
Nelson
House
(historic)
14134
Midland
Rd
.
1,300
Hamburqer
Factorv
14134
Midland
Rd
.
3,420
Old
Poway
Park
Museum
Restrooms
14134
Midland
Rd.
200
Old
Poway
Park
Train
Depot
14134
Midland
Rd
.
3,000
Girls
Softball
League
Concession/Restroom
13544
Aubrey
St.
700
Material
Handlinq
Yard,
Hazardous
Waste
12325
Crosthwaite
Cr.
932
Material
Handling
Yard
Records/Lounge
Trailer
12325
Crosthwaite
Cr
.
500
Meadowbrook
Gymnasium
12320
Meadowbrook
Ln.
12,400
Twin
Peaks
Gymnasium
(Joint
Use)
14640
Tierra
Bonita
Rd.
11,151
Arbolitos
Sports
Park
Restrooms
14501
Arbolitos
Dr.
800
Garden
Road
Park
Restrooms
14901
Garden
Rd.
840
Hilleary
Park
Restrooms
13500
Community
Rd.
840
Hilleary
Park
Tennis/Basketball
Silverset
Park
Restrooms
14795
Silverset
St.
840
Starridqe
Park
Restrooms
13745
Carriaqe
Rd
.
840
Valle
Verde
Park
Restrooms
16899
St.

Andrews
Dr.
840
Sports
Park
-
Ball
Fields,
Snack
Bar/Restaurant
12349
Mclvers
Ct.
2,450
Sports
Park
-Equipment/Storage
12349
Mclvers
Ct.
1,400
Fire
Station
No.
1 13050
Community
Rd.
18,198
Fire
Station
No.
2 16914
WestlinQ
Ct.
4,863
Fire
Station
No.
3 14322
Pomerado
Rd
.
14,056
City
of
Poway
Librarv
13137
Poway
Rd.
24,400
14 of
23 June 4, 2024, Item #12
Iron Mtn. Restroom 15498 Espola Rd. 200
Performing Arts Center 15498 Espola Rd. 57,040
Sheriffs' Station 13100 Bowron Rd. 15,000
Commercial Building RDA 13053 Poway Rd 2,670
Kumeyaay-lpai Interpretive Center 13104 lpai Waaypuk Tl. 1,400 Water Utilities Address Sq. Ft
Lake Poway West Side/Poway
Aerator at Lake Poway Lake/West Side 49
Camelback Pump Station 14445 Lake Poway Rd. 630
Camino Del Valle Sewage Lift Station 12910 Camino Del Valle 232 Cloudcroft Pump Station II 17087 1/2 Cloudcroft Dr. 1,296 Community Road Pump Station 12520 1/2 Community Rd. 1,196 Eastvale Pump Station 14902 1/2 Eastvale Rd.

Gregg Street Recycled Pump Station 13621 Gregg St. 1,490 Heritage Lift Station 18775 1/2 Heritage Dr.
14218 1/2 High Valley Rd./High
High Valley Pump Station Valley Rd. SE D
14090 Northcrest Ln./Northcrest
Northcrest Pump Station Ln.

Old Coach Sewage Lift Station 17710 1 /2 Old Coach Rd.

Old Coach Way Pump Station 18535 Old Coach Dr.

Pump Station 1 14445 Lake Poway Rd.

Rostrata PR Station 16460 Martincoit Rd.

South Chlorinator Building Sycamore Canyon
Welton Pump Station 12701 Welton Ln. 970
14163 1/2 Donart Dr./14162 1/2
Woodcliff Pump Station Donart Dr.

Water Treatment Plant/Operations/Office 14521 Lake Poway Rd. 3,400 Chlorine/Chemical Feed 14521 Lake Poway Rd. 5,000
Filter Control Building 14521 Lake Poway Rd. 500
Treatment/Ammonia Building 14521 Lake Poway Rd. 1,500
The Scope of Work is intended to cover as-needed plumbing services for all projects assigned to the Contractor. In addition, any single project that is estimated to exceed $5,000.00, the City reserves the right to place out for bid or solicit quotes from other vendors.

B. Compensation and Reimbursement.

City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated May 2, 2024, which are included in this document as 15 of 23
June 4, 2024, Item #12
Attachment 1. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.

C. Term of Agreement.

This Agreement shall be effective from the period commencing July 1, 2024, and ending June 30, 2026, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Agreement and any Agreement extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first term of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than July 1, 2026. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.

D. Contractor's Insurance.

1. Coverages:

Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
16 of 23
June 4, 2024, Item #12
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.

2. Endorsements:

Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."

3. Insurance Certificates:

E. Notices.

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:

To City:

To Contractor:
17 of 23
City of Poway
P.O. Box 789
Poway, CA 92074
Pro-Craft Construction, Inc.
500 Iowa Street
Redlands, CA 92373
June 4, 2024, Item #12
Service Type
1 plumber, 1 vehicle
2 plumbers, 1 vehicle
Slab Leak Detection
Equipment
Sewer Camera
Equipment
Router Equipment
ATTACHMENT 1

FEE SCHEDULE
Pro-Craft Construction, Inc.

Mon-Fri
7:00 a.m.-3:30 After Hours &
Saturdays p.m.
$298.58 $376.72
$513.12 $645.84
$424.00 $424.00
$389.25 $389.25
$190.80 $190.80
(Remainder of page intentionally left blank)
18 of23
Sundays/Holidays
$454.89
$795.61
$424.00
$389.25
$190.80
June 4, 2024, Item #12
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)
19 of 23
(1 )Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received June 4, 2024, Item #12
any unemployment insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
20 of 23
(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.

June 4, 2024, Item #12
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 ofthe 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:
2013 Amendment:

GUARANTY
To the City of Poway, City Council, for:

AS-NEEDED PLUMBING SERVICES
The undersigned guarantees the work included in this project(s).

Contractor
Date
22 of 23
June 4, 2024, Item #12

WORKERS'

COMPENSATION

INSURANCE

CERTIFICATE
Pursuant
to
Section
1861
of
the
State
Labor
Code,
each
Contractor
to
whom
a
public
works
Contract
has
been
awarded
shall
sign
the
following
certificate
and
shall
submit
same
to
the
City
of
Poway
prior
to
performing
any
work
on
the
Contract:
"I
am
aware
of
the
provisions
of
Section
3700
of
the
Labor
Code
which
require
every
employer
to
be
insured
against
liability
for
Workers'
Compensation
or
to
undertake
self
insurance
in
accordance
with
the
provisions
of
that
Code
, and
I will
comply
with
such
provisions
before
commencing
the
performance
of
the
work
of
this
Contract."
Contractor
By:

Title Date
Section
3700
of
the
State
Labor
Code
reads
in
part
as
follows
:
"Every
employer
except
the
State
shall
secure
the
payment
of
compensation
in
one
or
more
of
the
following
ways:
(a)
By
being
insured
against
liability
to
pay
compensation
by
one
or
more
insurers
duly
authorized
to
write
compensation
insurance
in
this
state.
(b)
By
securing
from
the
Director
of
Industrial
Relations
a
certificate
of
consent
to
self
insure,
either
as
an
individual
employer,
or
as
one
employer
in
a
group
of
employers,
which
may
be
given
upon
furnishing
proof
satisfactory
to
the
Director
of
Industrial
Relations
of
ability
to
self-insure
and
to
pay
any
compensation
that
may
become
due
to
his
employees
."
23 of
23 June 4, 2024, Item #13
AG EN DA REPORT City of Poway
DATE:

TO:

FROM:

CONTACT:

June 4, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services fM,
Alex Ubaldo, P.E., Principal Civil Engineer~
(858) 668-4602 or [email protected] ~

CITY COUNCIL
SUBJECT: Acceptance of the Lake Poway Upper Playground Renovation Project with Marcon Engineering, Inc., as Complete
Summary:

On May 2, 2023, the City Council awarded the Lake Poway Upper Playground Renovation project contract to Marcon Engineering, Inc., Bid No. 23-008, in the amount of $1,546,190.34. This action will accept the project as complete.

Recommended Action:

It is recommended the City Council:
1) Accept the Lake Poway Upper Playground Renovation project as complete; 2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of the retention in the amount of $82,651.75, if unencumbered, 45 days after City Council acceptance;
4) Release the Endurance Assurance Corporation Bond for Material and Labor in the amount of $1,546,190.34, after the release of retention; and
5) Retain the Endurance Assurance Corporation Bond for Faithful Performance for a period of one (1) year.

Discussion:

The Lake Poway Recreational Area is a regional park serving all segments of the community. The recreation amenities at the lake include fishing, hiking, and family play at the two playgrounds. The Lake Poway Upper Playground Renovation project replaced all of the existing play structures at the upper playground with modern, non-customized equipment that represent the Lake Poway Recreational Area in theme and color. The new equipment expanded the capacity of the playground with larger play structures that are ADA-accessible. The project also replaced the existing poured-in place and wood chip mulch surfacing with the padded tile system used throughout the other playground renovation projects and installed a shade structure covering most of the play structures. 1 of 2
June 4, 2024, Item #13
The
project
construction
began
in
June
2023
and
was
substantially
completed
in
December
2023.

This
action
accepts
the
project
as
complete.

The
final
contract
amount
is
$1,653,035
.08.

There
were
four
change
orders
for
this
project
in
the
amount
of
$106,844.74.

The
change
orders
included
costs
for
materials
and
labor
associated
with
additional
items
determined
necessary
based
on
unforeseen
conditions
including
installation
of
additional
fill
material
due
to
subgrade
shrinkage,
replacement
of
a damaged
retaining
wall,
extension
of
guard
railing,
placement
of
additional
rubber
base
layer
in
two
specific
areas
to
meet
the
minimum
thickness
required
for
playground
surfacing,
and
other
minor
miscellaneous
items
.

Environmental
Review:

This
action
of
acceptance
of
public
improvements
that
have
been
completed,
which
was
the
subject
of
a
prior
environmental
determination,
is
not
considered
a
Project
pursuant
to
Section
15378(b)(5)
of
the
California
Environmental
Quality
Act
(CEQA)
Guidelines
and
therefore
not
subject
to
the
CEQA.

Fiscal
Impact:

The
project
is
primarily
funded
from
the
Park
Improvement
Fund
and
supplemented by
a grant
in
the
amount
of
$208,707.00
through
the
California
State
Department
of
Parks
and
Recreation.

Sufficient
funds
are
available
in
the
project
account
(PK022)
for
the
release
of
retention
. Funds
remaining
in
the
project
at
year
end
will
be
returned
to the
Park
Improvement
Fund
for
use
on
other
projects.

Public
Notification:

None. Attachments: None. Reviewed/Approved
By:

Assistant City
Manager
2 of
2 Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:
ceair;? City
Manager
June 4, 2024, Item #14
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
June 4, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Development Services Director ,/M
Alex Ubaldo, P.E., Principal Civil Engineer
(858) 668-4602 or [email protected]

CITY COUNCIL
Award of Contract to Advanced Industrial Services for the Washwater Tank No. 2 Rehabilitation Project, Bid No. 24-006, Authorize the First Amendment of Contract to Engineering Resources of Southern California, Appropriation of Additional Funds and Determination the Project is Categorically Exempt from the California Environmental Quality Act
This action will award a construction contract to rehabilitate the Washwater Tank No. 2 located at the Lester J. Berglund Water Treatment Plant. The project will include recoating the tank's interior and exterior surfaces, structural repairs, and other appurtenant work.

Recommended Action:

It is recommended the City Council:
1) Award the contract for the Washwater Tank No. 2 Rehabilitation project to Advanced Industrial Services, in the amount of $501,250.00 and authorize the City Manager to execute the contract (Attachment A);
2) Authorize the City Manager to execute the First Amendment to Engineering Resources of Southern California, Inc's (ERSC) contract for construction support services in the amount of $63,535.00 (Attachment B);
3) Appropriate additional funds in the amount of $126,736.00 from the Water Fund reserves (5100) for construction of the Washwater Tank No. 2 Rehabilitation project (WT036); and 4) Make a determination the project is Categorically Exempt from the California Environmental Quality Act (CEQA).

Discussion:

The Lester J. Berglund Water Treatment Plant consists of two washwater tanks, constructed in 1975 and 1995. Both are 200,000-gallon steel tanks and are known as Tank No. 1 and Tank No. 2 respectively. Washwater Tank No. 1 was rehabilitated in 2019. This project will rehabilitate Washwater Tank No. 2. The project includes prepping and coating of the tank's interior and exterior surfaces, 1 of 25
June 4, 2024, Item #14
structural repairs to the roof, vents, hatches; installation of a safety gate, perimeter guardrails, and ladders; and replacement of the overflow pipe and pressure sensor.

Bids were opened on May 2, 2024. The following four bids were received:

Company Total Bid Amount *Corrected Amount
Advanced Industrial Services, Inc. $501,250.00
Utility Service Co., Inc. $502,700 .00
Unified Field Services Corporation $559,255.36 $574,755.36 Spiess Construction Co., Inc. $741,951.00 $741,950.00
The lowest responsive bidder, submitted by Advanced Industrial Services, Inc., is an acceptable bid that is responsive to and meets the requirements of the bid specifications. The Engineer's estimate prepared by ERSC was $400,100.00 and the contract duration is 90 working days.

Construction Support Services
In August 2022, the Development Services Department issued a Request for Proposal (RFP No. 23- 004) for design services for the Washwater Tank No. 2 Rehabilitation project. ERSC was selected as the most qualified consultant to provide professional services and was awarded a design contract in the amount of $49,575.00. Staff recommends amending the existing contract with ERSC to provide construction support services for the project in the amount of $63,535.00 for a total contract not-to-exceed fee of $113,110.00. Staff determined it is in the best interest of the City not to proceed with a formal bid process for the construction support services portion of the project and recommends the formal bidding procedures be waived for the following reasons:

1.) ERSC provided the design services for the project and therefore, ERSC is the most qualified consultant to provide construction support services for the project they designed; and

2.) The requirement of the Poway Municipal Code Chapter 3.28 to formally bid this work will not result in a more qualified consultant to provide construction support services for this project.

ESRC's scope includes providing structural inspection during key points of structural modifications, including visual inspections of welds and review of contractor's welding procedures; and full time inspection during the contractor's coating and painting operations. Staff and ERSC have negotiated and reached an agreement upon a final contract that delivers the services required at a fair and reasonable cost to the City.

Environmental Review:

The proposed project is Categorically Exempt from CEQA as a Class 1 Categorical Exemption, pursuant to Section 15301 (b) of the CEQA Guidelines, in that the project involves the rehabilitation of existing potable water supply reservoirs.

Fiscal Impact:

Funds totaling $513,236.1 Oare available in the Washwater Tank No. 2 Rehabilitation (WT036) project.

With the recommended appropriation in the amount of $126,736.00 from the Water Fund reserves 2 of 25
June 4, 2024, Item #14
included in this report, there will be sufficient funds in the project account to cover the construction costs of the project. The budget of $639,972.1 O will include the cost for the construction contract, construction contingency allowance, construction support services contract, and required special inspections.

Public Notification:

None.

Attachments:

A. Construction Contract
B. Construction Support Services Contract
Reviewed/Approved By:

Wendy Kaserman
Assistant City Manager
3 of25
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

City Manager
June 4, 2024, Item #14
SECTION 8

CONSTRUCTION CONTRACT

CITY OF POWAY
WASHWATER TANK N0.2 REHABILITATION
This Contract made and entered into this 5th day of June, 2024, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Advanced Industrial Services, Inc., hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows:

1. The complete Contract includes all of the Contract Documents, which are incorporated herein by this reference, and include:
a. This Contract
b. Contract Addenda
c. Contract Change Orders
d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications
f. Contract Plans
g. General Condition
h. Special Conditions
i. Standard Specification for Public Works, most current edition

2. The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all.

3. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: The project scope includes recoating the exterior of R-4, recoating and rehabilitating the structure and interior of R-7, repairs to the foundations, and multiple safety retrofits on both tanks.

4. Contractor agrees to perform all the said work and furnish all the said materials at their own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council.

5. City agrees to pay and Contractor agrees to accept in full payment for performance 4 of 25
1 ATTACHMENT A
June 4, 2024, Item #14
of this work of improvement as described, the stipulated sum of $501,250.00 the "Contract Price."
City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions.

6. Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 90 Working Days after the date specified in the Notice to Proceed.

7. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum of $500.00 per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty.

8. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed.

9. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects. Travel and subsistence pay shall be paid in accordance with Labor Code §1773.1.

10. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by Contractor or by any subcontractors under Contractor) less than the prevailing rate described above on the work provided for in this Contract.

11. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and § 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each 2 5 of 25
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calendar week by each worker employed by them in connection with the work performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code§ 1813.

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

13. Contractor, by executing this Contract, hereby certifies:
"I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph."
Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California.

14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City.

15. a. Contractor shall procure and maintain at its own expense, until completion of performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period.
b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services 3 6 of 25
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required by this Agreement.
c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same.

Worker's Compensation Insurance:
o Contractor has no employees and is exempt from workers' compensation requirements.
o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings. e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor.

16. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of 4 7 of 25
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such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City.
b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors.
d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits.
e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors.

17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers.
b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein.

18. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the 5 8 of 25
June 4, 2024, Item #14
City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective.

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

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

21. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract.

22. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns.

23. In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances.

24. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.

25. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California.

26. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers.

Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work.
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27. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City.

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

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

30. a. Contractor shall, without disturbing the condition, notify City, in writing, as soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or
iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order.
d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties.

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

32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising 7 10 of 25
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out of defective materials, workmanship, and equipment.

City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank)
8 11 of 25
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IN

WITNESS

WHEREOF,
the
said
Contractor
and
the
City
Manager,
City
Clerk
and
City
Attorney
have
caused
the
names
of
said
parties
to
be
affixed
hereto,
the
day
and
year
first
above
written
.

Contractor's
Name
:

Advanced
Industrial
Services,
Inc.

Print
Name
of
Construction
Company
By:
------------
Signature
Rex
D.

Johnston
Jr.

Print
Name
Contractor
information
:

Address
for
Notices
and
Payments
11712
Cherry
Street
Los
Alamitos,
CA
90720
Telephone
Number:
562-940-8305
Email:
[email protected]
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk

APPROVED
AS
TO
FORM
:

RUTAN
&
TUCKER
, LLP
Alan
Fenstermacher,
City
Attorney
12 of
25 CITY
OF
POWAY
a
Municipal
Corporation
Chris
Hazeltine,
City
Manager
9 June 4, 2024, Item #14

FIRST AMENDMENT TO STANDARD

AGREEMENT FOR SERVICES
This FIRST AMENDMENT TO AGREEMENT is made and entered into effective this 5th day of June, 2024, by and between the CITY OF POWAY, a municipal corporation (the "CITY"), and ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., a California corporation, ("CONSUL TANT").

RECITALS

1. CITY and CONSUL TANT entered into that certain "STANDARD AGREEMENT FOR SERVICES," dated November 16, 2022, (the "AGREEMENT"), by which CITY and CONSUL TANT established the terms and conditions for providing engineering design services for the Washwater Tank No. 2 Upgrades (Project) to CITY.

2. ThisFIRSTAMENDMENTTOSTANDARDAGREEMENTFORSERVICES(the "FIRST AMENDMENT") is necessary to revise the Scope of Services and Compensation and Reimbursement Sections of the AGREEMENT.

NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:

Section 1. Section A of EXHIBIT "A" ('SPECIAL PROVISIONS") of the AGREEMENT is amended to read as follows:

A. Scope of Services.

Consultant agrees to perform consulting services as required by City, which shall consist of the engineering design and construction support (inspection) services further described in the Scope of Services submitted with the proposals, which are included in this document as Attachment 1 and Attachment 2, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.

Section 2. Section B of EXHIBIT "A" (' SPECIAL PROVISIONS") of the AGREEMENT is amended to read as follows:
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B. Compensation and Reimbursement.

City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated September 21, 2022 and May 2, 2024 which are included in this document as Attachment 3 and Attachment 4. Total fee is not to exceed One Hundred Thirteen Thousand One Hundred Ten ($113,110). 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

ATTACHMENT B
June 4, 2024, Item #14
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.

Section 3. Except as otherwise amended by this FIRST AMENDMENT, all other terms and conditions of the AGREEMENT shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this FIRST AMENDMENT to be executed the day and year 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
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ENGINEERING RESOURCES OF
SOUTHERN CALIFORNIA, INC.

By:~---------
John M. Brudin, PE, President
2 June 4, 2024, Item #14
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Understanding and Approach
Based on the request for proposals to provide Engineering Design Services for the Washwater Tank No. 2 Upgrades, ERSC understands that the City of Poway (City) owns and operates the Lester J. Berglund Water Treatment Plant {LJBWTP), which treats 24 MGD of raw water from San Diego County Water Authority and provides to City customers daily. In 2014, a Water Distribution System Maintenance and Rehabilitation Assessment was prepared to prioritize the existing water distribution system and assess and prioritize rehabilitation or replacement needs. Over the past eight years, the City has been actively rehabilitating and replacing the distribution system components. Next on the list is Washwater Tank No. 2, located at the LJBWTP.

Washwater Tank No. 2 is a 0.2 MG welded steel tank with a diameter of 35 feet and a height of 28 feet. The tank was originally constructed in 1995 per AWWA DlO0 standards, and the tank vent structure was repaired in 2014. Washwater Tank No. 2 sits adjacent to another welded steel tank identified as Washwater Tank No. 1, originally constructed in 1975 and rehabilitated in 2018. Based on reports, the exterior surfaces appear to be painted with an alkyd paint system, and the interior surfaces are coated with an epoxy coating system. Based on the 2021 inspection report, the exterior surfaces were found in overall good condition except for heavy corrosive staining on the roof and minor delamination. The interior wall surfaces are in overall fair to poor condition. The exterior paint and interior coatings are 27 years old, reaching their life expectancy of 25 to 30 years. As noted in the 2014 condition assessment, the vent structure had to be repaired due to corrosion caused by the chlorine gas in the tank. Therefore, it will be critical to select a new coating system that can tolerate the elevated levels of chlorine, such as a zinc-based coating or a 100% solid epoxy coating to protect the steel substrate.

The following approach, or Work Plan, to complete a condition assessment of Washwater Tank No. 2, develop a design to rehabilitate the tank, and prepare plans and specifications for said rehabilitation is based on ERSC's understanding of condition assessments, tank inspection reports, and experience with design projects of a similar nature.

1. Review Documents: ERSC's first objective will be to review all existing reports, plans, and technical information. Next, we will host a telephone conference with the City to kick off the project, verify that all concerns are adequately addressed, and establish a timeline for completion of the work.

2. Field Visit: ERSC will then proceed with performing field evaluations of the tank. ERSC's structural engineer will meet with Catalyst Diving to perform an internal inspection of the tank via floating the interior surfaces to examine the condition of the structural members above the water level and collect measurements. It is vitally important to establish the overall condition of the structural members due to the elevated chlorine levels and determine if they need repair or replacement during the rehabilitation process.

Floating the interior surfaces will also allow the team to take measurements of the structural members for seismic analysis. The external surfaces will be examined by traversing the ground around the tank and walking the roof to determine the condition of the roof and existing coating systems, as well as collect necessary measurements. ERSC will examine the condition of the structural members, collect measurements, and take photos and videos to document the conditions. The tank will be evaluated in the following areas: condition of the interior coatings, condition of exterior paints, structural integrity, cathodic protection system, AWWA recommendations, SWRCB Department of Health and Safety, and Cal/OSHA safety regulations.

3. Preliminary Design Report: ERSC will prepare a preliminary design report for the tank consisting of structural and safety analysis, heavy metal analysis, pictures, recommendations, and cost estimates. The report will also contain a base map of the tank that includes any nearby existing utilities.

4. Bid Packages: ERSC will prepare technical specifications, plans, bid documents, and an engineer's estimate for rehabilitating the tank, including erosion controls and BMPs. ERSC will provide the City with a realistic cost estimate for the tank rehabilitation based on similar completed projects.

5. Bidding and Construction Support: Once the bid documents are complete, ERSC will assist the City in advertising the bids, conducting pre-bid meetings, and analyzing the bids for award. ERSC will assist the City in executing the Contract documents with the selected contractor and provide construction support services to ensure the Contractor's compliance with the project documents.

6. Construction Management: If determined necessary by the City, ERSC will manage the construction work to ensure the project is constructed in accordance with the project specifications and plans. ERSC will provide structural inspection at key points during construction and provide a full-time quality control coating inspector during the removal of existing coatings and application of the new coating systems.
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Our goal for the project is to make the rehabilitation and improvements simple, cost-effective, and long-lasting with minimal impacts. At ERSC, we have developed a culture where all employees are aware of and committed to quality in our processes and deliverables. We emphasize strong lines of communication, a clear project approach, implementation of the plan, and checks and balances. Our goal is to deliver a successful project that is on time and meets the City's desires. Therefore, ERSC's project manager is directly involved in the research, site visit, and field data collection to ensure the documents accurately represent field conditions for each project. ERSC's internal communication allows engineering staff to readily respond to any of the City's questions or concerns. ERSC will work quickly and efficiently to resolve pressing issues. The project manager will continually keep the City abreast of the status of the design project schedule.

Task Order Accounting
Your project will benefit from a partner who keeps your goals and visions and the forefront of each decision. ERSC utilizes Deltek Ajera (ERP}, a Financial Management System that tracks time and expenses in real-time. Using ERP, ERSC assigns each task an individual phase number in the system, and each team member completes a timesheet against the assignment's phase number. That means every hour placed on a timecard is instantly reflected in our system. This allows our project managers to control budgets as the project progresses. Upon invoicing, the City can reference each task item charge and an overall cost accounting for the billing period. Hours spent, billing rates, and overall charges by project and team member, are all available for reference on each invoice and in the ERP system. ERSC is constantly working on efficiencies and minimization of the cost to design projects of this nature. Our project managers regularly monitor job costs and ensure that design checks are completed expeditiously and within reasonable budgetary amounts.

Scope of Work
Task No. 1 General Administration, Meetings, and Presentations

1. ERSC will work with the City Staff to schedule a Project Kickoff Meeting at the City office or via teleconference, depending on the City's preference. The kickoff meeting will include a review of background information and project scope as well as an overview of the project schedule, objectives, miiestones, critical paths, progress meetings, and various other details.

2. Prior to any meetings, ERSC will provide a written agenda to the City no less than three working days in advance, and minutes within five working days after a meeting. ERSC will provide an updated progress schedule and cost summary report/invoices to the City at each progress meeting.

3. Throughout the project, coordination with the City and ERSC will be regularly initiated to discuss results of analyses, obtain additional information as necessary, resolve any contract administration issues, and provide schedule updates.

4. At the beginning of the project, a work plan shall be prepared to set forth the significant milestones and deliverables for the members to ensure compliance with the established project execution strategy and project goals. Consultant shall update the work plan as necessary and forward to the City.

Task No. 2 Data Gathering, Field _Investigation, and Evaluations

1. Review existing available records, previous reports, and as-builts provided by the City as listed in the RFP.

2. ERSC structural engineer will team with Catalyst Diving to examine the interior surfaces of the tank via floating its interior. The inspectors are ADCI certified and current with all certifications, physicals, and training to perform the inspection. The field investigations will identify and.verify tank conditions, piping layouts, appurtenances and obtain measurements for design.

I a. Samples of interior coatings and/or exterior paints will be collected during the site visit and sent to a laboratory to test for the presences of lead, chromium, and zinc. The results from the laboratory analysis will be included in the design report. b. Sanitary measures will be taken when entering the tank. All equipment will be thoroughly disinfected with 200 PPM solution of chlorine and water and no body parts will come in contact with water. All equipment utilized in the inspection is dedicated for use in potable water storage tanks.

I c. ERSC's team will be in compliance with Cal/OSHA Title 8 Safety Orders during the site visit.

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I

3. Photographs will be taken during the field visit to document conditions and included in the Preliminary Design Report. Two (2) hard copies and a pdf. copy of the report will be submitted to the City.

4. Conclusions and recommendations for rehabilitation of the tank, based on field observations, measurements, and available drawings and records, will be prepared and included in the Preliminary Design Report.

Task No. 3 Preliminary Design Report

1. Upon completion of the field investigation and review of the City's available documents, ERSC will prepare a preliminary design report addressing the findings with recommended solutions and cost estimates for the rehabilitation of the tank. The report will 16 of 25 12
June 4, 2024, Item #14
address the following items:
a. Identify safety and health code violations per Cal/OSHA, State Water Resource Control Board (SWRCB) regulations and AWWA requirements.
b. Structural modifications or replacement to bring tank and appurtenances into current code or standard status. c. Flexible inlets and outlets, additional manways, bottom appurtenances, vent screens, safety climb, safety hatches, and guardrails.
d. Tank roof repairs and/or replacement
e. Coating systems
f. Lab Analysis
g. Examine existing cathodic protection system, if present.

I h. Project Phasing
I
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I
I
I
I
I
I
I
I
I
I
I
I
I

2. Microsoft Teams meeting with the City personnel to review and discuss the Preliminary Design Report and determine the Scope of Work for preparing the project specifications and plans.

Task No. 4 Final Design

1. Upon final authorization by the City, prepare the design plans, technical specifications, and engineer's cost estimates (PS&E) for rehabilitating the tank. The technical specifications will be prepared in the City's standard CSI format and cover surface preparation, interior coatings and exterior paints, disinfection, piping modifications, structural and safety modifications to bring the tank into compliance with current AWWA regulations, Cal/OSHA requirements and SWRCB regulations and cathodic protection. Drawings will include but not limited to, cover page, general site plan, overall tank layout, piping modifications, improvements, details, erosion control and BM P's. Furnish the City with an engineer's estimate based on the bid schedule generated for the project. The cost estimate will be based on previous project of similar scope

2. PS&E to be submitted to the City for review at the 50%, 90%, 100% design stages, and final mylar.

3. Meet with the City staff at each submittal phase to discuss revisions and incorporate the City review comments, and edit technical documents as required.

4. Upon receipt of the City's standard front-end documents, ERSC will update the standards to correlate to the project specifics, including bid schedule, measure and payment section, special conditions, project time, and other related documents for bid.

5. ERSC staff will perform a thorough QA/QC routine and final review prior to signing the plans to ensure accuracy, conformance, and integrity of all plans and specifications. Sound engineering will be administered throughout the project and all calculations performed on the project will be checked for accuracy.

6. One set of signed and stamped full sized Mylar sheets will be submitted. A pdf. electronic submittal of the final submittal for bidding will be submitted to the City. All digital files will be submitted at the conclusion of the design project.

Task No. 5 Constructi9n Bidding through Contract Award
l. ERSC will prepare the Notice of Inviting Bids based on the agreed upon date and time with the City and distribute to interested parties.

2. ERSC will prepare the meeting agenda and assist in facilitating the Pre-Bid meeting. 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. ERSC will assist the City during the bidding process regarding requests for information and requests for clarification from the bidders regarding the design plans and technical specifications. ERSC will take the lead in preparing, track and issue bid addenda as required to provide clarification to contract documents and responses to Requests for Information (RFI) and Request for Clarification (RFC). ERSC will help the City staff with technical details required for staff report provided to the Board. ERSC's fees are based on receipt of two (2) addenda.

4. ERSC will assist the City staff in analyzing bids, verifying contractor's license, conduct background check of the lowest, responsive bidder, and make a recommendation for award of the construction contract

5. If determined necessary, prepare a construction set of documents that incorporate any changes made during the bid and note them as a revision to the bid documents.
17 of 25 13
June 4, 2024, Item #14
• :a
II
•
I
I
I
I
I
I
I
Task No. 6 Construction Engineering Support Services

1. ERSC shall provide general contract administration for the construction of the project. Provide office engineering and consultation as required and coordinate with the City and other staff in management of the construction contract.

2. Provide assistance with request(s) for information, clarifications, and change orders (CO's) as needed. The modifications communicated by change order will be fully documented with drawings and/or written description of the work required. Assist with determination and/or negotiations for compensation for CO's. ERSC's fees are based on a total of four (4) RFl's/CO's.

3. 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. Consultant shall make its recommendation and review with the City's staff all substitutions and receive the City's concurrence prior to approving any substitution. Consultant shall submit to the City two (2) copies of all preliminary and final shop drawings that have been reviewed for conformance. ERSC's fees are based on processing 16 submittals. a. Coordinate and direct testing as needed for conformance with plans and specifications. Tests shall be conducted by the vendor or contractor. Consultant shall review and evaluate all tests and make recommendations to the City prior to installation and acceptance of finished facility .
b. Coordinate and assist in verification of intermediate and final acceptance.

4. Prepare record drawings by marking all changes on original mylar drawings to be provided by the City and submit one (1) full size copy of record drawings along with return of said mylar drawings. Prepare record drawings in AutoCAD and submit electronic file on compact disc to the City.

Task No. 7 Construction Management Services (OPTIONAL)

1. ERSC shall provide general contract administration for the construction of the project. Provide office engineering and consultation as required and coordinate with City and other staff in management of the construction contract.

2. Review all contractor invoices, inspection reports, and estimates of percent completion and make recommendations for payment of contractor as appropriate.

3. Conduct project walk-through(s) to inspect all areas for inadequate material or workmanship, prepare punch list at substantial completion. Verify all items on the punch list have been corrected and make recommendations to City concerning acceptance.

4. Provide a structural inspection and a coating inspector to monitor construction progress and attend meetings with City and Contractor. Structural inspection will be performed at key points during the structural modifications. Coating Inspector shall be on-site full-time during the coating and painting operations and maintain daily inspection reports of Contractor's personnel and equipment working at th_e job site. Any items that are deemed unsatisfactory by ERSC's inspector will be communicated to the construction manager. ERSC's inspector will also assist in obtaining additional information when required for proper work execution.

5. ERSC's inspector will maintain daily, detailed reports for work items. Inspection reports will include weather, labor, equipment, materials, quantities, batch numbers, surface preparation, conditions, correspondence, and issues observed. The inspection reports will also integrate the daily project photos. Additionally, the reports will include any tickets from material delivery to ensure accurate cost accounting when payment is requested. ERSC will report in a format acceptable to the City. The inspector can use City approved format or ERSC can provide the report format for City's approval. The reports will be submitted on a weekly basis to the City.

6. Quality Assurance: Provide quality assurance in achieving conformance with the contract plans and specifications. ERSC's inspector will continually review plans and specifications throughout construction of features in the project. Verifications of the contractor's compliance with the specifications and manufacturer's technical data sheets will be accomplished by performing the following task as necessary, with the appropriate calibrated instruments for each:

7. 8.

If hazardous materials are present in the existing paint system, ERSC will remove an estimated two (2) soil samples at the beginning of the project. ERSC estimates only 2 samples will be required since the site around the tank is partially paved. Samples only need to be collected in the dirt areas or pervious area that could possibly become contaminated. The samples will be sent to a laboratory to be tested for lead, chromium and zinc. At the completion of the project, two (2) additional soil samples will be collected at approximately the same location as the beginning of the project and tested for lead, chromium and zinc. A report shall be prepared clarifying the test results for the soil samples taken at the beginning and end of the project.

Structural Inspection: Provide inspection of safety/structural modifications on an as needed basis. Perform visual inspection of welds, including reinspection after repair of defective joints. Review and evaluation of welder's credentials and welding procedures. 18 of 25
14 June 4, 2024, Item #14
•
• I
Check modifications are completed in compliance with AWWA, Cal/OSHA, and SWRCB regulations. Structural inspection will involve four (4) site visits .

9. Conditions of Surfaces Prior to Preparation: The inspector will examine surfaces prior to begin surface preparation to assure that grease and oil have been removed and no sharp edges are present or are removed as specified.

10. Compressed Air Cleanliness: The inspector will check the air quality when production includes abrasive blast cleaning or substrate blow-down procedures in accordance with ASTM 04285.

11. Ambient Conditions: The inspector will monitor ambient conditions in accordance with ASTM E337 to assure that final blast cleaning and coating application operations are not completed outside the specified requirements.

I 12. Surface Preparation: The inspector will examine the abrasive and equipment used for surface preparation for adequacy to do the work, as specified. Equipment pressures will be monitored. The inspector will verify proper storage and size of abrasives, and that the proper degree of cleaning and surface profile or scarification is obtained.

I
I

13. Coating Preparation and Mixing: The inspector will verify materials used are approved and the pot or shelf lives has not been exceeded. The inspector will observe all components are proportioned correctly, added, and thoroughly mixed and any inductions times are maintained. All batch numbers will be recorded.

14. Coating Application: The inspector will examine the application equipment for cleanliness and adequacy to work. The inspector will observe application techniques to assure proper coverage without detrimental runs, pinholes, or other visually evident deficiencies. The inspector will make spot checks of the wet film thickness in accordance with ASTM 04414 so that adjustments to the amount of material being applied can be made at the time of application to minimize the amount of rework after the coating has dried.

15. Dry Film Thickness: The inspector will measure the dr.y film thickness of each coat to assure that it complies with the specification requirements and manufacturers' instructions. Film thickness will be monitored using a Type II film gage in accordance with ASTM 01186, SSPC-PA2, or as required (i.e. every lOOSqFt).

16. Holiday Detection: Inspector will provide holiday detection equipment and perform 100 percent holiday detection in accordance with NACE lnternational's "Recommended Practice for Discontinuity (Holiday) Testing of Protective Coatings," (RP 0188-99), AWWA 0102, and the specified requirements.

17. Cure Evaluation: The inspector will evaluate the final cure of the applied lining in accordance with the Manufacturer's recommended procedures, and or ASTM D5402, as required

18. ERSC's inspector will be involved throughout the complete construction process. Part of this involvement means taking all measures possible to avoid change orders. In the event a change order is unavoidable, ERSC's inspector will review the change order and all supporting documents. Recommendations regarding the change order will be made to the Construction Manager regarding proposed negotiations, work items, and change order pricing.

19. Inspect safety practices of contractors in compliance with Cal/OSHA, NPDES program, site safety, labor safety, and other safety requirements;

20. Upon completion of work, a full inspection will be conducted and a punch list of deficiencies will be generated and distributed to the Contractor and City. As part of the punch list, ERSC's inspector will issue a schedule to complete the items included. ERSCwill re-inspect the repair or re-wor,k and provide recommendations for acceptance when full compliance is achieved.

21. At the conclusion of the project, submit one complete set of construction progress photographs indicating scope of work and critical elements, mounted, identified, and indexed in notebook form. 19 of 25
15 June 4, 2024, Item #14
-1ERSC Enginee
ring R
es
ources o
f S
outh
ern
Ca
liforni
a
May
2,
2024
Mr
. Alex
Ubaldo,
PE
Principal
Civil
Engineer
City
of
Poway
Via
Email:

AUbaldo@poway
.org
13325
Civic
Center
Drive
Poway,
CA
92064
Attachment
2 SUBJECT:

QUALITY

CONTROL

INSPECTION

SERVICES
FOR

REHABILITATION
OF

WASHWATER
TANK
NO.
2 In
response
to
emails
and
telephone
conversations
regarding
the
subject
project,
Engineering
Resources
of
Southern
California,
Inc.
(ERSC)
hereby
submits
our
proposal
to
provide
quality
control
inspection
services
for
the
subject
project.

Our
proposal
includes
proposed
services
and
proposed
fees.

PROJECT

UNDERSTANDING
We
understand
the
City
of
Poway
is
preparing
to
rehabilitate
a
welded
steel
water
storage
tank
at
the
Lester
J.

Berglund
Water
Treatment
Plan
City
Owned
site.

The
site
is
located
in
the
City
of
Poway
at
14521
Lake
Poway
Road.

The
City
is
requesting
inspection
services
to
ensure
work
is
performed
in
accordance
with
the
project
specifications
and
plans
. Washwater
Tank
No.
2 has
a nominal
capacity
of
220,800
gallons
(0.221
MG),
a
diameter
of
36 feet,
a shell
height
of
29 feet,
and
was
constructed
in
1995
by
Trusco
Tank
Inc
.

Our
goal
is
service
and
responsiveness;
therefore,
ERSC's
team
will
work
closely
with
the
City's
staff
to
maximize
the
effectiveness
and
efficiency
of
our
construction
management
inspection
team,
especially
in
relation
to
project
issues
that
may
drive
possible
field
changes,
decisions
or
adjustments
that
will
affect
control
or
the
cost
of
the
project,
or
long-term
maintenance
once
the
improvements
are
completed.

ERSC's
size
allows
us
to
be
flexible
to
the
needs
of
our
clients
. ERSC
is
ready
and
able
to
adapt
to
and
apply
the
City's
preferred
project,
budget,
and
schedule
management
methods
. Summarized
below
is
ERSC's
typical
approach
to
managing
the
many
facets
of
a successful
project
.

PROPOSED
SCOPE
OF
WORK
Task
1-
Quality
Contro.l
Inspection

1. Provide
a structural
inspection
and
a coating
inspector
to
monitor
construction
progress
and
attend
meetings
with
City
and
Contractor.

Structural
inspection
will
be
performed
at
key
points
during
the
structural
modifications
. Coating
Inspector
shall
be
onsite
full
time during
the
coating
and
painting
operations
and
maintain
daily
inspection
reports
of
the
Contractor
's
personnel
and
equipment
working
at
the
job
site
. Any
items
deemed
unsatisfactory
by
ERSC's
inspector
will
be
1861
W
. Redlands
Blvd·
Redlands
• CA
92373
T:
(909)
890-1255
I
F: (909)
890-0995
I W:
erscinc
.com
Page
1 of
4 20
of
25 June 4, 2024, Item #14
communicated to the construction manager. ERSC's inspector will also assist in obtaining additional information when required for proper work execution.

2. ERSC's inspector will maintain daily, detailed reports for work items. Inspection reports will include weather, labor, equipment, materials, quantities, batch numbers, surface preparation, conditions, correspondence, and issues observed. The inspection reports will also integrate the daily project photos. Additionally, the reports will include any tickets from material delivery to ensure accurate cost accounting when payment is requested. ERSC will report in a format acceptable to the City. The inspector can use an City-approved format, or ERSC can provide the report format for the City's approval. The reports will be submitted on a weekly basis to the City.

3. Quality Assurance: Provide quality assurance in achieving conformance with the contract plans and specifications. ERSC's inspector will continually review plans and specifications throughout the construction of project features. Verifications of the contractor's compliance with the specifications and manufacturer's technical data sheets will be accomplished by performing the following task as necessary, with the appropriate calibrated instruments for each:
21 of 25
a. Structural Inspection: Provide inspection of safety/structural modifications on an as needed basis. Perform visual inspection of welds, including reinspection after repair of defective joints. Review and evaluation of welder's credentials and welding procedures.

Check modifications are completed in compliance with AWWA, Cal/OSHA, and SWRCB regulations. Structural inspection will involve four site visits. b. Conditions of Surfaces Prior to Preparation: The inspector will examine surfaces prior to beginning surface preparation to ensure that grease and oil have been removed and no sharp edges are present or are removed as specified.
c. Compressed Air Cleanliness: The inspector will check the air quality when production includes abrasive blast cleaning or substrate blow-down procedures in accordance with ASTM D4285.
d. Ambient Conditions: The inspector will monitor ambient conditions in accordance with ASTM E337 to ensure that final blast cleaning and coating application operation_s are not completed outside the specified requirements.
e. Surface Preparation: The inspector will examine the abrasive and equipment used for surface preparation for adequacy to do the work, as specified. Equipment pressures will be monitored. The inspector will verify proper storage and size of abrasives, and that the proper degree of cleaning and surface profile or scarification is obtained. f. Coating Preparation and Mixing: The inspector will verify materials used are approved and the pot or shelf lives has not been exceeded. The inspector will observe all components are proportioned correctly, added and thoroughly mixed, and that any induction times are maintained. All batch numbers will be recorded. 1861 W. Redlands Blvd· Redlands· CA 92373
T: {909) 890-1255 I F: (909) 890-0995 I W: erscinc.com Page 2 of 4 June 4, 2024, Item #14
g. Coating Application: The inspector will examine the application equipment for cleanliness and adequacy to work. The inspector will observe application techniques to ensure proper coverage without detrimental runs, pinholes, or other visually evident deficiencies. The inspector will make spot checks of the wet film thickness in accordance with ASTM D4414 so that adjustments to the amount of material being applied can be made at the time of application to minimize the amount of re-work after the coating has dried. h. Dry Film Thickness: The inspector will measure the dry film thickness of each coat to ensure that it complies with the specification requirements and manufacturers' instructions. Film thickness will be monitored using a Type II film gauge in accordance with ASTM D1186, SSPC-PA2, or as required (i.e. every 100SqFt). i. Holiday Detection: Inspector will provide holiday detection equipment and perform 100 percent holiday detection in accordance with NACE lnternational's "Recommended Practice for Discontinuity (Holiday) Testing of Protective Coatings," (RP 0188-99), AWWA D102, and the specified requirements.
j. Cure Evaluation: The inspector will evaluate the final cure of the applied lining in accordance with the Manufacturer's recommended procedures and/or ASTM D5402 as required
k. ERSC's inspector will be involved throughout the complete construction process. Part of this involvement means taking all measures possible to avoid change orders. In the event a change order is unavoidable, ERSC's inspector will review the change order and all supporting documents. Recommendations regarding the change order will be made to the Construction Manager regarding proposed negotiations, work items, and change order pricing.

4. Inspect safety practices of contractors in compliance with Cal/OSHA, NPDES program, site safety, labor safety, and other safety requirements;

5. Upon completion of work, a full inspection will be conducted, and a punch list of deficiencies will be generated and distributed to the Contractor and City. As part of the punch list, ERSC's inspector will issue a schedule to complete the items included. ERSC will re-inspect the repair or re-work and provide recommendations for acceptance when full compliance is achieved.

6. At the conclusion of the project, submit one complete set of construction progress photographs indicating scope of work and critical elements, mounted, identified, and indexed in notebook form.

PROPOSED ENGINEERING FEE
The attached fee estimate is broken down into the level of effort anticipated by each classification for each task identified above. ERSC will bill monthly only for the hours used for each task item, and will not exceed the maximum hours indicated in each task without prior written authorization from the City. 1861 W. Redlands Blvd· Redlands· CA 92373
T: (909) 890-1255 I F: (909) 890-0995 I W: erscinc.com Page3of4 22 of 25
June 4, 2024, Item #14
Thank you for the opportunity to serve the City. ERSC's proposal and pricing will be valid for 180 days from the date received. Should the proposal be acceptable, please return a signed copy as your authorization to proceed.

For answers to any questions concerning any aspect of the proposal, please do not hesitate to contact the undersigned.

Very truly yours
Jo~~~
Principal Engineer
1861 W. Redlands Blvd· Redlands· CA 92373
T: {909) 890-1255 I F: (909) 890-0995 I W: erscinc.com Page 4 of 4 23 of 25
June 4, 2024, Item #14
24 of 25
Attachment 3

CTYOF POWAY
ENGINEER.ING SERVICES FOR REHABIUTATION OF WASHWATER TANK NO. 2 ERSC. Inc.· Fea Ertlm.:ato. Sched1.da
$ 1,UO
t 4P,S7S.00
June 4, 2024, Item #14
N u,
0 ....

N u,
ERSC

CITY OF POWAY

CONSTRUCTION INSPECTION SERVICES
FOR WASHWATER 2

ERSC FEE ESTIMATE

1. Our proposed fee is based on an anticipated 55 Working days to complete the sandblasting and coating and painting process for the interior and exterior surfaces and shop coating of the new structural members. ERSC will bill only actual hours worked per day on a time and material basis, any un-used hours will not be billed.

2. The City will be charged a minimum of 4 hours for the inspector arriving on site.

3.The basis for our fee is provided as our current rate attached. Any additional time will be calculated based on the rate sheet.

4. Structural inspection - Is based on a total of 6 trips, including mileage and travel time to and from the site.

3. The overtime rate for the inspection being on site will be $170 per hour. ERSC will seek authorization of the City prior to completion of overtime requested by the Contractor.

MAY2 , 2024
> !'"'t--
!'"'to-
~
~
=-a
~
= !'"'to-
~
June 4, 2024, Item #15
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
June 4, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
Carrie Gallagher, City Clerk
(858) 668-4435 or [email protected]

CITY COUNCIL
Second Reading and Adoption of Ordinance No. 869 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapters 17.08, 17.30 and 17.52 of the Poway Municipal Code to Eliminate the Minor Development Review Requirement for Certain Types of Projects"
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on May 21, 2024. There was one (1) speaker.

The Ordinance is now presented for second reading and adoption by title only.

Vote at first reading:

Recommended Action:

AYES:

NOES:

DE HOFF, EDMONDSON, PEPIN, FRANK, VAUS
NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
It is recommended the City Council adopt Ordinance No. 869.

Environmental Review:

None.

Fiscal Impact:

None.
1 of 6
June 4, 2024, Item #15
Public Notification:

A public hearing notice was published in the Poway News Chieftain on Thursday, May 9, 2024. An ordinance summary notice was published in the Poway News Chieftain on Thursday, May 30, 2024. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933.

Attachments:

A. Ordinance No. 869
Reviewed/Approved By:

Assistant City Manager
2 of 6
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
ORDINANCE NO. 869

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING CHAPTERS 17.08, 17.30
AND 17.52 OF THE POWAY MUNICIPAL CODE TO ELIMINATE

THE MINOR DEVELOPMENT REVIEW REQUIREMENT FOR

CERTAIN TYPES OF PROJECTS
WHEREAS, the City Council of the City of Poway wishes to protect and preserve the quality of the residential and commercial areas of the City, as well as the quality of life throughout the City, through effective land use and planning, and process improvements; WHEREAS, the City Council of the City of Poway has determined it is unnecessary to require a Minor Development Review Application (MDRA) for the construction of a single home, additions, remodels, detached accessory structures and unlighted recreational courts in the City; WHEREAS, the City Council of the City of Poway directed City staff to prepare amendments to the Poway Municipal Code (PMC) to eliminate the MDRA requirement for the construction of a single home, additions, remodels, detached accessory structures and unlighted recreational courts in the City;
WHEREAS, City staff has prepared amendments to the PMC to eliminate the MDRA requirement for the construction of a single home, additions, remodels, detached accessory structures and unlighted recreational courts in the City; and WHEREAS, the PMC amendments are opportunities to cut red tape, improve efficiencies and reduce unnecessary costs and time associated with the development process, particularly for individual property owners trying to build a single home, complete an addition, remodel, a detached accessory structure, or build an unlighted recreational court.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:

SECTION 1:

The above recitations are true and correct.

SECTION 2 : The
City Council hereby approves this Ordinance and amends certain sections of the PMC as specified below. Removals are indicated with strikethroughs. Additions are indicated with underlines.

SECTION 3: The Cit y
Council finds that this Ordinance amending the PMC is not a "Project" as defined under Section 15378(b)(5) of the California Environmental Quality Act (CEQA) State Guidelines; therefore, no environmental review is required.

SECTI ON 4:

Section 17. 08.180 of the PMC shall be amended as follows:

An access
ory building or structure, attached to or detached from the main residence, shall be located on a l
ot that contains a main residence and shall comply with the setback, height and lot coverage requirements as contained in PMC 17.08.160 except as provided in this section. Except for an accessory dwelling unit or a junior accessory dwelling unit as described in subsection A of this section, a minor development review application shall be required for an accessory building or structure that results in new habitable space that is 750 square feet or larger. Except as

ATTACHMENT A
3 of 6
June 4, 2024, Item #15
June 4, 2024, Item #15
Ordinance No. 869

Page 2 ends

provided in subsection A of this section,'No accessory building or structure shall attach to a main residence unless setbacks for the main residence are complied with for all structures to be attached.

SECTION 5: Section 17.08.180(C)(1) of the PMC shall be amended as follows:

C.1. Size. On lots less than two net acres in size, a detached nonhabitable accessory building shall not be greater than 50 percent of the gross floor area of the living space of the main residence on the lot or 1,500 square feet, whichever is less. A garage with a gross floor area no greater than 600 square feet is permitted regardless of the living space of the main residence, if no other garage is located on the lot. A detached nonhabitable accessory building that does not exceed 50 percent of the gross floor area of the living space of the main residence on the lot but is greater than 1,500 square feet may be approved •,e,iith a minor development review permit pursuant to Chapter 17.52 PMC. On lots two net acres or more in size, the size limits for nonhabitable accessory buildings and garages do not apply.

SECTION 6: Section 17.08.210(8) shall be amended as follows:

B. A manufactured home may not be installed if more than 10 years have elapsed between the date of manufacture of the manufactured home and the date a complete minor development revfew permit application for installation of that home is received.

SECTION 7: Section 17.30.010(A) shall be amended as follows:

A. Unlighted private recreational courts may be permitted as an accessory use in single-family zones, subject to the standards contained in PMC 17.30.020.:. and to the approval of a minor development review by the Director of Development Services.

SECTION 8: Section 17.52.050(A) shall be amended as follows:

A. The Director shall have the authority to approve, deny or modify applications for minor development review projects as designated below:

1. Single family homes not •,e,iithin a tract subdivision, i.e., custom homes.

2. Construction of an addition to a single family home, a detached accessory building and/or reconstruction of a single family home which results in more than an additional 750 square feet of habitable space. This section shall also apply to multiple additions if, in any 12 month period, a building permit is issued for more than one addition to a single family home or detached accessory building and the total square footage of the approved additions results in more than an additional 750 square feet of habitable space. If the construction of an addition that is less than 750 square feet of habitable space has received final approval from the City at least one year prior to the submittal of a request for a new addition of habitable space, the square footage of the prior addition shall not count toward the 750 square foot threshold.

3. On lots less than two net acres in size, the construction of a detached nonhabitable accessory building that does not exceed 50 percent of the gross floor area of the living space of the main residence on the lot but is greater than 1,500 square feet gross floor area, as allowed pursuant to PMC 17.08.180(C)(1 ).
4 of6
June 4, 2024, Item #15
Ordinance
No
. 869
Page
3 .1_4.

Remodeling,
alterations
or
additions
of
commercial
and
industrial
buildings
that
total
less
than
10,000
square
feet
of
gross
floor
area
or
25 percent
of
the
gross
floor
area
of
an
existing
building
on
the
site,
whichever
is
more
restrictive.

2.5. Construction
or
alteration
of
utility
facilities
in,
on,
over,
upon,
across,
and
along
the
public
streets
and
public
rights
-of-way
within
the
City
of
Poway
shall
require
approval
of
a
minor
development
review
permit
from
the
Director
of
Development
Services
if
the
facilities
include
a
surface-mounted
cabinet
with
a
dimension
(width,
height,
or
length)
greater
than
36 inches,
or
where
more
than
one
cabinet
of
any
size
is
located
closer
than
100
feet
to
another
cabinet
of
any
size.

Exempt
from
this
requirement
are
facilities
placed
underground.

The
applicant
shall
comply
with
the
"Guidelines
for
the
Placement
of
Utility
Facilities
in
the
Public
Rights-of-Way."

SECTION
9: If
any
provisions
of
this
Ordinance
or
the
application
thereof
to
any
person
or
circumstances
is
held
invalid,
that
invalidity
shall
not
affect
other
provisions
or
applications
of
the
act
which
can
be
given
effect
without
the
invalid
provisions
or
application,
and
to
this
end
the
provisions
of
this
act
are
severable.

SECTION
10 : This
Ordinance
shall
be
codified
.

EFFECTIVE
DATE:

This
Ordinance
shall
take
effect
and
be
in
force
thirty
(30)
days
after
its
adoption.

CERTIFICATION/PUBLICATION
:

The
City
Clerk
shall
certify
the
adoption
of
this
Ordinance
and
cause
it
or
a
summary
of
it,
to
be
published
with
the
names
of
the
City
Council
members
voting
for
and
against
the
same
in
the
Poway
News
Chieftain,
a
newspaper
of
general
circulation
in
the
City
of
Poway
within
fifteen
(15)
days
after
its
adoption
and
shall
post
a
certified
copy
of
this
Ordinance
in
the
Office
of
the
City
Clerk
in
accordance
with
Government
Code
§
36933
.
5 of6

II II II II II II II II II II II
June 4, 2024, Item #15
Ordinance No. 869

Page 4 ends

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Poway, California, held the 21st day of May, 2024 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 4th day of June, 2024 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
6 of6
June 4, 2024, Item #16
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
June 04, 2024
Honorable Mayor and Members of the City Council
Jeff Chumbley, Fire Chief ~
Jenna Stein, Disaster Preparedness Coordinator
(858) 668-4474 or [email protected] 8i'.5·

CITY COUNCIL
California Office of Emergency Services Designation of Applicant's Agent Resolution Form-130
The State of California Governor's Office of Emergency Services (Cal OES) requires non-state agencies to execute a Designation of Applicant's Agent Resolution Form-130 (Cal OES Form-130) to receive State grants and financial assistance in the event of a declared emergency. This form must be on file with Cal OES and issued every three years. The Cal OES Form-130 must be approved by resolution of the Governing Body, authorizing agents of the applying agency to file and engage with FEMA and Cal OES for State grants and disaster assistance.

Recommended Action:

It is recommended the City Council adopt a resolution authorizing the City Clerk to execute a State of California Governor's Office of Emergency Services Designation of Applicant's Agent Resolution Form- 130 (Cal OES Form-130) appointing and authorizing the City Manager, Fire Chief, and Director of Public Works as authorized agents of the City of Poway (City) to file and engage with the Federal Emergency Management Agency (FEMA) and the State of California Governor's Office of Emergency Services (Cal OES) for grants and disaster assistance applied for by the City.

Discussion:

Cal OES requires non-state agencies to execute a Cal OES Form-130 to receive state grants, certain financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Cal OES Form-130 must be approved by resolution of the Governing Body, authorizing agents of the applying agency to file and engage with FEMA and Cal OES for state grants and disaster assistance. The Cal OES Form-130 will be in effect for three years, following the date of Council approval, for all open and future hazard mitigation grants and disaster assistance. Staff recommends completing the Cal OES Form naming the authorized agents by title only. This method 1 of9
June 4, 2024, Item #16
allows
the
Cal
OES
Form-130
to
be
valid
for
three
years
and
does
not
require
an
additional
Council
resolution
if
the
individual
assigned
to
a
particular
title
has
changed.

A
cover
letter
provided
to
Cal
OES
names
the
individuals
assigned
to
the
position
titles
identified
as
an
authorized
agent
and
may
be
updated
as
needed
throughout
the
three-year
period.

Environmental
Review:

This
item
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).

Fiscal
Impact:

Adoption
of
the
resolution
allows
staff
to
seek
Cal
OES
grant
opportunities
and
apply
for
state
and/or
federal
funding
for
hazard
mitigation
and
disaster
assistance.

Public
Notification:

None. Attachments: A.

Resolution
B.

Letter
to
Cal
OES
C.

Cal
OES
Designation
of
Applicant's
Agent
Resolution
Form-130
Reviewed/Approved
By:

Wendy
Kaserman
Assistant
City
Manager
2 of
9 Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:
~ City
Manager
June 4, 2024, Item #16
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, AUTHORIZING THE CITY CLERK TO

EXECUTE ON BEHALF OF THE CITY A STATE OF CALIFORNIA

GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION FORM-
130
WHEREAS, the State of California Governor's Office of Emergency Services (Cal OES) requires non-state agencies to execute a Designation of Applicant's Agent Resolution Form-130 (Cal OES Form-130);
WHEREAS, the Cal OES Form-130 must be approved by resolution from the non-state agency Governing Body;
WHEREAS, an executed Cal OES Form-130 allows the City of Poway (City) to file and engage with the Federal Emergency Management Agency (FEMA) and Cal OES for grants and disaster assistance applied for by the City;
WHEREAS, the Cal OES Form-130 allows for three titles as authorized agents of the non state agency;
WHEREAS, the City Council authorized the City Manager, Fire Chief, and the Director of Public Works as its agents to execute for and on behalf of the City; and WHEREAS, an executed Cal OES Form is effective for all open and future hazard mitigation grants and applications for disaster assistance up to three years following the date of approval.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:

SECTION 1: The City Council is authorized, on behalf of the City, to empower the City Manager, Fire Chief, and Director of Public Works as its agents to execute for and on behalf of the City of Poway with Cal OES for State grants and disaster assistance.

SECTION 2: The City Clerk is authorized to execute, on behalf of the City, a Cal OES Designation of Applicant's Agent Resolution Form-130.
3 of 9
II
II
II
II
II
II

ATTACHMENT A
June 4, 2024, Item #16
Resolution
No
. 24-
Page
2 PASSED,

APPROVED
AND

ADOPTED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
4th
day
of
June,
2024
by
the
following
vote,
to
wit:

AYES
:

NOES: ABSTAINED
:

ABSENT
:

DISQUALIFIED:

Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
4of9
June 4, 2024, Item #16
STEVE VAUS, Mayor CITY OF POWAY
CA YLIN FRANK, Deputy Mayor
PETER DE HOFF, Councilmcmbcr
ANITA EDMONDSON, Councilmcmbcr
BRIAN PEPIN, Councilmcmbcr
5 of9
June 05, 2024
California Governor's Office of Emergency Services
Recovery Unit
3650 Schriever Avenue
Mather, CA 95655
RE: Cal OES Form 130 Designation of Subrecipient's Agent Resolution To Whom it May Concern:

Please be advised the following individuals are Authorized Agents for the City of Poway:

Chris Hazeltine, City Manager
Jeff Chumbley, Fire Chief
Eric Heidemann, Director of Public Works
Please see the attached Cal OES Form 130 Designation of Applicant's Agent Resolution for Non-State Agencies dated June 4, 2024. This form replaces the resolution dated June 15, 2021.

Please contact me if you need any further information regarding this matter.

Respectfully,
Jenna Stein
Disaster Preparedness Coordinator
[email protected]
858-668-44 7 4
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.org

ATTACHMENT B
June 4, 2024, Item #16

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION

DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES Cal OES ID No: 0?3-5s52o
OES-FPD-130 (Rev. 10-2022)

DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES BE IT RESOLVED BY THE City Council OF THE City of Poway ------"''--------=---- (Governing Body) (Name of Applicant)
THAT City Manager ,OR
(Title of Authorized Agent)
Fire Chief o ---------------' R (Title of Authorized Agent) Director of Public Works
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the City of Poway (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor's Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
-Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under -Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
-Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
-National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (BJ National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 -California Early Earthquake Warning (CEEW) under CA Gov Code -Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the City of Poway , a public entity established under the (Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor's Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.

Rev. 10-2022
6 of9

Page 1 of 4 ends

ATTACHMENT C
OES-FPD-130
June 4, 2024, Item #16

CALIFORNIA

GOVERNOR'S
OFFICE
OF

EMERGENCY

SERVICES
Q
STATE
OF

CALIFORNIA

RECOVERY

DIRECTORATE

FINANCIAL

PROCESSING

DIVISION

DESIGNATION
OF

APPLICANT'S
AGENT

RESOLUTION

NON-STATE

AGENCIES
OES-FPD-130
(Rev.
10-2022)
Please
check
the
appropriate
box
below
0 This
is
a
universal
resolution
and
is
effective
for
all
open
and
future
disasters/grants
declared
up
to
three
(3)
years
following
the
date
of
approval.

D
This
is
a
disaster/grant
specific
resolution
and
is
effective
for
only
disaster/grant
number(s)
: ______
_
Passed
and
approved
this
04 day
of
June
20 24 ,
--
(Name
and
Title
of
Governing
Body Representative)
(Name
and
Title
of
Governing
Body
Representative)
(Name
and
Title
of
Governing
Body Representative)

CERTIFICATION
l,_C_a_rr_ie_G_a_ll_a_g_h_e_r
__
, duly
appointed
and
City
Clerk
(Name)
(Title)
City
of
Poway
, do
hereby
certify
that
the
above
is
a
true
and
(Name
of
Applicant)
of
correct
copy
of
a
resolution
passed
and
approved
by
the
__
C_i_ty_C_o_u_n_c_i_l
--
(Governing
Body)
day
of
June
, 2024
.
------
of
the
City
of
Poway
on
the
04 ------------
(Name
of
Applicant)
City
Clerk
Rev
. 10-2022
7 of9
(Signature)
Page
2 of
4 (Title)
OES-FPD-130
June 4, 2024, Item #16

STATE OF CALIFORNIA RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
Cal OES Form J 30 lostructjons
A Designation of Applicant's Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.

When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:

Resolution Section:

Governing Body: This is the group responsible for appointing and approving the Authorized Agents.

Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.

Name of Applicant: The public entity established under the laws of the State of California.

Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.

Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor's Office of Emergency Services regarding grants for which they have applied.

There are two ways of completing this section:

1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If "Titles Only" is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body's signature.

2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.

Rev. 10-2022
8 OF 9

Page 3 of 4 ends

June 4, 2024, Item #16

STATE OF CALIFORNIA RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.

Governing Body Representative: These are the names and titles of the approving Board Members.

Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.

Certjfjcatjon Sectjon:

Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.

Rev. 10-2022
9 OF 9
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate "Self-Certification." OES-FPD-130
June 4, 2024, Item #17
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
June 4, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services ,fAA
Miguel Solano, Assistant Engineer ~
(858) 668-4653 or [email protected] ~

CITY COUNCIL
Award of Contract to LC Paving & Sealing, Inc. for the Neighborhood Sidewalks Powers Road Project, Bid No. 24-007, and Determination the Project is Categorically Exempt from the California Environmental Quality Act
This action will award a construction contract to LC Paving & Sealing, Inc. for the Neighborhood Sidewalks Powers Road project. This project involves the construction of Americans with Disabilities Act (ADA) compliant concrete sidewalks and driveways on Powers Road, between Vaughan Road and Tassel Road.

Recommended Action:

It is recommended the City Council:
1) Award the construction contract for the Neighborhood Sidewalks Powers Road project to LC Paving & Sealing, Inc., in the amount of $189,222.00 and authorize the City Manager to execute the contract (Attachment A); and
2) Make a determination the project is Categorically Exempt from the California Environmental Quality Act (CEQA).

Discussion:

The Neighborhood Sidewalks Powers Road project involves constructing concrete sidewalks, access ramps, and driveways along Powers Road, between Vaughan Road and Tassel Road, in accordance with the ADA. The concrete work will install approximately 2,800 square feet of sidewalks where they are currently missing and reconstruct 3,200 square feet of driveways in order to meet ADA slope requirements.

Bids were opened on May 9, 2024. A total of five bids were received for the construction contract, ranging as follows:
1 of 11
June 4, 2024, Item #17
Company
Total
Bid
Amount
LC
Paving
&
Sealing,
Inc.
$
189,222.00
A.B.

Hashmi
Inc.
$
200,880.00
Tri-Group
Construction
and
Development
Inc.
$
218,450.00
YBS
Construction
Engineering
$
290,455.00
Blue
Pacific
Engineering
$
342,600.00
The
low
bid
of
$189,222.00
submitted
by
LC
Paving
&
Sealing,
Inc.,
is
an
acceptable
bid
that
is
responsive to
and
meets
the
requirements
of
the
bid
specifications.

The
contract
time
for
this
project
is
40 working
days
with
an
engineer's
estimate
of
$202,900.00.

Environmental
Review:

The
proposed
project
is
Categorically
Exempt
from
CEQA
as
a Class
1 Categorical
Exemption,
pursuant
to
Section
15301
(C)
of
the
CEQA
Guidelines,
in
that
the
project
includes
minor
upgrades
to
existing
public
facilities
involving
the
addition
of
sidewalks
and
curb
and
gutter
replacement
along
an
existing
street. Fiscal
Impact:

There
is
sufficient
funding
available
in
the
Neighborhood
Sidewalks
Powers
Road
project
account
(ST014)
to
award
the
contract.

Public
Notification:

Staff
has
coordinated with
adjacent
property
owners
during
the
design
process.

Prior
to
construction,
staff
will
notify
adjacent
property
owners
and
residents
located
near
the
project
locations
of
the
upcoming
construction
work.

Attachments: A.

Construction
Contract
Reviewed/
Approved
By:

Assistant
City
Manager
2 of
11 Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

City
Manager
June 4, 2024, Item #17

SECTION
8 CONSTRUCTION

CONTRACT
CITY
OF
POWAY

NEIGHBORHOOD

SIDEWALKS
POWERS
ROAD
This
Contract
made
and
entered
into
this
5th
day
of
June
2024,
by
and
between
City
of
Poway,
a
municipal
corporation
of
the
State
of
California,
hereinafter
referred
to
as
"City"
and
LC
Paving
&
Sealing,
Inc
. hereinafter
referred
to
as
"Contractor."
The
City
and
the
Contractor,
for
the
consideration
hereinafter
named,
mutually
agree
as
follows: 1.

The
complete
Contract
includes
all
of
the
Contract
Documents,
which
are

2. 3. 3
of
11 incorporated
herein
by
this
reference,
and
include:
a.

This
Contract
b.

Contract
Addenda
c.

Contract
Change
Orders
d.

Instructions
to
Bidders,
Proposal
Requirements
and
Conditions
e.

Contract
Specifications
f.

Contract
Plans
g.

General
Condition
h.

Special
Conditions
i.

Standard
Specification
for
Public
Works,
most
current
edition
The
Contract
Documents
are
complementary,
and
that
which
is
required
by
one
shall
be
as
binding
as
if required
by
all.

Contractor
shall
provide
and
furnish
all
labor,
materials,
necessary
tools,
expendable
equipment,
and
all
utility
and
transportation
services
required
for
the
following
work
of
improvement:

This
project
includes
the
construction
of
Americans
with
Disabilities
Act
(ADA)
compliant
concrete
sidewalks
and
driveways
on
Powers
Road,
between
Vaughan
Road
and
Tassel
Road.

Concrete
work
will
include
approximately
2,800-square-feet
of
sidewalk
and
3,200-square-feet
of
driveway.

The
work
will
include
but
is
not
limited
to
the
following:
clearing
and
grubbing,
grading,
concrete
sidewalk,
concrete
driveway,
concrete
curb
and
gutter,
asphalt
pavement,
pedestrian
access
ramp,
landscape
and
irrigation
restoration,
sign
relocation,
traffic
control
and
all
related
and
necessary
work
as
defined
in
the
contract
documents.
1 ATTACHMENT
A
June 4, 2024, Item #17

4. Contractor
agrees
to
perform
all
the
said
work
and
furnish
all
the
said
materials
at
their own
cost
and
expense
that
are
necessary
to
construct
and
complete
in
strict
conformance
with
Contract
Documents
and
to
the
satisfaction
of
the City
Engineer,
the
work
hereinafter
set
forth
in
accordance
with
the
Contract
adopted
by
the
City
Council.

5. City agrees
to
pay
and
Contractor
agrees
to
accept
in
full
payment
for
performance
of
this
work
of
improvement
as
described,
the
stipulated
sum
of
$189,222.00
the
"Contract
Price."

6. 7. 8. 9. 10
.
4 of
11 City
agrees
to
make
progress
payments
and
final
payment
in
accordance
with
the
method
set
forth
in
the
Special
Provisions.

Contractor
agrees
to
commence
construction
of
the
work
provided
for
herein
within
Fifteen
(15)
Calendar
Days
after
the
date
specified
in
the
Notice
to
Proceed,
and
to
continue
diligently
in
strict
conformance
with
Contract
Documents
and
without
interruption,
and
to
complete
the
construction
thereof
within
40 Working
Days
after
the
date
specified
in
the
Notice
to
Proceed
.

Time
is
of
the
essence
of
this
Contract,
and
it
is
agreed
that
it
would
be
impracticable
or
extremely
difficult
to
ascertain
the
extent
of
actual
loss
or
damage
which
the
City
will
sustain
by
reason
of
any
delay
in
the
performance
of
this
Contract.

It
is,
therefore,
agreed
that
Contractor
will
pay
as
liquidated
damages
to
the
City
the
following
sum
of
$500.00
per
Calendar
Day,
for
each
and
every
Calendar
Days
delay
in
finishing
the
Work
in
excess
of
the
number
of
Working
Days
prescribed
above.

If
liquidated
damages
are
not
paid,
as
assessed
by
the City,
the
City
may
deduct
the
amount
thereof
from
any
money
due
or
that
may
become
due
the
Contractor under
this
Contract
in
addition
to any
other
remedy
available
to
City
.

By
executing
this
Contract,
Contractor
agrees
that
the
amount
of
liquidated
damages
is
reasonable
and
shall
not
constitute
a
penalty.

In
accordance
with
State
of
California
Senate
Bill
No.
854,
Contractor
will
maintain
and
will
require
all
subcontractors
to
maintain
valid
and
current
Department
of
Industrial
Relations
(DIR)
Public
Works
Contractor
registration
during the
term
of
this
project.

Contractor
shall
notify
the
City
in
writing
immediately,
and
in
no
case
more
than
twenty-four
(24)
hours,
after
receiving
any
information
that
Contractor's
or
any
of
its
Subcontractor
's DIR
registration
status
has
been
suspended,
revoked,
expired,
or
otherwise
changed.

Contractor
will
pay,
and
will
require
all
subcontractors
to
pay,
all
employees
on
said
Contract
a salary
or
wage
at
least
equal
to
the
prevailing
salary
or
wage
established
for
such
work
as
set
forth
in
the
wage
determinations
and
wage
standards
applicable
to
this
work,
a
copy of
which
is
on
file
in
the
office
of
the
City
Clerk
of
the
City
of
Poway
.

Federal
prevailing
wage
rates
apply
for
federally
funded
projects.

Travel and
subsistence
pay
shall
be
paid
in
accordance
with
Labor
Code§
1773.1.

Contractor
shall
be
subject
to
the
penalties
in
accordance
with
Labor
Code
of
§
1775
for
each
worker
paid
(either
by
Contractor or
by
any
subcontractors
under
2 June 4, 2024, Item #17
Contractor) less than the prevailing rate described above on the work provided for in this Contract.

11. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and§ 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the work performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code§ 1813.

12. Contractor will comply with the provisions of Labor Code§ 1777.5 pertaining to the employment of apprentices to the extent applicable to this Contract.

14. 15.
5 of 11
Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City.
a. Contractor shall procure and maintain at its own expense, until completion of performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors.

Contractor shall provide insurance on an occurrence, not claims-made basis.

Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period.
3 June 4, 2024, Item #17
6 of
11 b.

Contractor
shall
further
procure
and
maintain
at
its
own
expense,
until
completion
of
performance, commercial
vehicle
liability
insurance
covering
personal
injury
and
property
damage,
of
not
less
than
One
Million
Dollars
($1,000,000)
combined
single
limit
per
occurrence,
and
Two
Million
Dollars
($2,000,000)
in
the
aggregate,
covering
any
vehicle
utilized
by
Contractor
or
its
officers,
employees
,
servants,
volunteers
and
agents
and
independent
contractors
in
performing
the
services
required
by
this
Agreement.
c.

Contractor
shall
further
procure
and
maintain
at
its
expense,
until
completion
of
performance,
workers'
compensation
insurance
providing
coverage
as
required
by
the
California
State
Workers' Compensation
Law.

If
any
class
of
employees
employed
by
the
Contractor
pursuant
to
this
Agreement
is
not
protected
by
the
California
State
Workers' Compensation
Law,
Contractor
shall
provide
adequate
insurance
for
the
protection
of
such
employees
to
the
satisfaction
of
the
City.

This
provision
shall
not
apply
if Contractor
has
no
employees
performing
work
under
this
Agreement.

Contractor
agrees
to
waive
its
statutory
immunity
under
any
worker's
compensation
or
similar
statute,
as
respecting
the
City,
and
to
require
any
and
all
subcontractors
and
any
other
person
or
entity
involved
with
the
Project
to
do
the
same
.

Worker's
Compensation
Insurance:
o
Contractor
has
no
employees
and
is
exempt
from
workers'
compensation
requirements.
o
Contractor
carries
workers'
compensation
insurance
for
all
employees.
d.

All
policies
required
by
this
section
shall
be
secured
from
insurers
authorized
to
do
business
in
the
State
of
California
with
an
"A"
policyholder's
rating
or
better
and
a
financial
rating
of
at
least
Class
VII,
in
accordance
with
the
current
Best's
Ratings. e.

Contractor
agrees
to
require
that
all
parties,
including
but
not
limited
to
subcontractors,
architects,
engineers
or
others
with
whom
Contractor
enters
into
contracts
or
whom
Contractor
hires
or
retains
pursuant to
or
in
any
way
related
to
the
performance
of
this
Agreement,
provide
the
insurance coverage
required
herein,
at
minimum
, and,
except
for
worker's
compensation
coverage,
name
as
additional
insureds
the
parties
to
this
Agreement.

Contractor
agrees
to
monitor
and
review
all
such
coverage
and
assumes
all
responsibility
for
ensuring
that
such
coverage
is
provided
in
conformity
with
the
requirements
of
this
Section.
f.

In
the
event
this
Agreement
is
terminated
for
any
reason
prior
to
the
completion
of
all
obligations
and
requirements
of
this
Agreement,
Contractor
agrees
to
maintain
all
coverages
required
herein
until
the
City provides
written
authorization
to
terminate
the
coverages
following
the
City's
review
and
determination
that
all
liability
posed
under
this
Agreement
as
to
the
party
providing
insurance
has
been
eliminated
.
g.

Contractor
agrees
and
acknowledges
that
if
it
fails
to
obtain
all
of
the
insurance
required
in
this
Agreement
in
accordance
with
the
requirements
herein,
or
4 June 4, 2024, Item #17
to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor.

16. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City.
b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors.
d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits.
e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors.

17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, 7 of 11
officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit 5 June 4, 2024, Item #17
with
the
City,
of
any
insurance
policy
or
certificate
required
pursuant
to
this
Agreement.

The
hold
harmless,
indemnification
and
duty
to
defend
provisions
of
this
Section
shall
apply
regardless
of
whether
or
not
said
insurance
policies
are
determined
to
be
applicable
to
the
claim,
demand,
action,
damage,
liability,
loss,
cost
or
expense
described
herein.

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

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

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

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

21. The
persons
executing
this
Contract
on
behalf
of
the
parties
hereto
warrant
that
they
are
duly
authorized
to
execute
this
Contract
on
behalf
of
said
parties
and
that,
by
so
executing
this
Contract,
the
parties
hereto
are
formally
bound
to
the
provisions
of
this
Contract.

22. This
Contract
shall
be
binding
upon
and
shall
inure
to
the
benefit
of
the
parties
hereto
and
their
respective
heirs,
personal
representatives,
successors,
and
assigns.

23. 24. 25. 26.
8 of
11 In
performing
its
obligations
and
duties
under
this
Contract,
each
party
shall
comply
with
all
applicable
local,
state,
and
federal
laws,
regulations,
rules,
standards
and
ordinances. This
Contract
may
be
executed
by
the
parties
in
counterparts,
which
counterparts
shall
be
construed
together
and
have
the
same
effect
as
if
all
of
the
parties
had
executed
the
same
instrument.

After
completion
of
the
work
contemplated
by
this
Contract,
Contractor
shall
file
with
the
City
Manager
an
affidavit
stating
that
all
workers
and
persons
employed,
all
firms
supplying
materials,
and
all
subcontractors
upon
the
project
have
been
paid
in
full,
and
that
there
are
no
claims
outstanding
against
the
project
for
either
labor
or
materials,
except
certain
items,
if
any,
to
be
set
forth
in
an
affidavit
covering
disputed
claims
or
items
in
connection
with
a
Stop
Notice
that
has
been
filed
under
the
provision
of
the
laws
of
the
State
of
California.

All
work
shall
be
subject
to
inspection
and
testing
by
City
and
its
authorized
representatives
during
manufacture
and
construction
and
all
other
times
and
places,
6 June 4, 2024, Item #17
including,
without
limitation, the
plans
of
Contractor
and
any
of
its
suppliers.

Contractor
shall
provide
all
reasonable
facilities
and
assistance
for
the
safety
and
convenience
of
inspectors.

All
inspections
and
tests
shall
be
performed
in
such
manner
as
to
not
unduly
delay
the
work.

The
Work
shall
be
subject
to
final
inspection
and
acceptance
notwithstanding
any
payments
or
other
prior
inspections.

Such
final
inspection
shall
be
made
within
a reasonable
time
after
completion
of
the
work.

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

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

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

30. a.

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

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

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

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

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

City
shall
promptly
investigate
the
reported
conditions.

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

In
the
event
of
a
dispute
between
City
and
Contractor
as
to
whether
the
conditions
materially
differ,
or
involve
hazardous
waste
, or
cause
a
decrease
or
increase
in
Contractor
's cost
of,
or
time
required
for,
performance
of
any
part
of
the
work,
Contractor
shall
not
be
excused
from
any
scheduled
completion
date,
and
7 June 4, 2024, Item #17
shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties.

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

32. All work shall beg uaranteed for a period of one ( 1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment.

Contractor's Name:

LC Paving & Sealing, Inc.

Print Name of Construction Company
By: ----------
Signature
Marisa Haas
Print Name
Contractor information:

Address for Notices and Payments
620 Alpine Way,
Escondido, CA 92029
Telephone Number: 760-752-1743
Email: [email protected]
ATTEST:

Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
11 of 11

CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
9 June 4, 2024, Item #18
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway

CITY COUNCIL
June 4, 2024
Honorable Chairman and Members of the Housing Authority Board Robert Manis, Development Services Director (}it
Marie Sanders, Senior Management Analyst
(858) 668-4637 or [email protected]
Third Amendment to the Exclusive Negotiating Rights Agreement with Wakeland Housing and Development Corporation for the Monte Vista Affordable Housing Project; [APN 275-460-61-00]
On August 16, 2022, the Poway Housing Authority (Authority) approved an Exclusive Negotiating Rights Agreement (ENRA) with Wakeland Housing and Development Corporation (Developer) to finalize the feasibility of constructing an affordable housing project for military veterans and developmentally disabled adults on a Housing Authority owned site located at 12674 Monte Vista Road, APN 275-460-61-00. To allow for continued negotiations and required approvals and entitlements review, a Third Amendment allowing the addition of two 60-day term extensions to the ENRA is needed.

Recommended Action:

It is recommended the Poway Housing Authority Board:
1) Approve the Third Amendment to the ENRA with Wakeland Housing and Development Corporation (Attachment A); and
2) Authorize the Executive Director to execute the Third Amendment and all necessary documents.

Discussion:

The Authority approved an ENRA with the Developer on August 16, 2022 allowing for exclusive negotiations for the potential development of a 60-unit multi-family affordable community targeting military veterans, their families, and developmentally disabled adults located at 12674 Monte Vista Road, APN 275-460-61-00. Since that time, two amendments have been subsequently approved to allow for continued negotiations. To that end, an Affordable Housing Agreement and Ground Lease documents have been successfully negotiated. The Developer and staff continue to diligently review city required approvals and entitlements, therefore, a Third Amendment to the ENRA is necessary.

Through a series of term extensions provided for in the First and Second Amendments to the ENRA, 1 of 7
June 4, 2024, Item #18
approved
by
the
Authority
on
August
1,
2023
and
February
6,
2024
respectively,
the
final
negotiating
period
is
set
to
expire
on
June
7,
2024.

If
approved,
the
term
of
Third
Amendment to
the
ENRA
will
provide
two
additional
60-day
extension
terms.

The
first
60 -day
extension
would
expire
on
August
7,
2024.

It
is
the
objective
of
staff
to
complete
the
entitlement
process
and
request
City
Council
approval
prior
to
August
7,
2024.

Environmental
Review:

The
Third
Amendment
to
the
Exclusive
Negotiating
Rights
Agreement
is
not
a
"project"
as
defined
under
Section
15378(b)(5)
of
the
California
Environmental
Quality
Act
(CEQA)
State
Guidelines
therefore,
no
environmental
review
is
required
.

Fiscal
Impact:

No
fiscal
impact
is
associated
with
approval
of
this
amendment.

Public
Notification:

A
copy
of
this
report
was
provided
to
Wakeland
Housing
and
Development
Corporation.

Attachments: A.

Third
Amendment
to
Exclusive
Negotiating
Rights
Agreement
(Monte
Vista
Affordable
Housing
Development)
Reviewed/Approved
By
:

Assistant
City
Manager
2 of7
Reviewed
By:

Alan
Fenstermacher
City
Attorney
A;;;J;z Chris
Ha
e
in
City
Manager
June 4, 2024, Item #18
THIRD

AMENDMENT
TO

EXCLUSIVE

NEGOTIATING
RIGHTS

AGREEMENT
BY
AND

BETWEEN
THE
POWAY

HOUSING AUTHORITY
AND

WAKELAND

HOUSING
AND

DEVELOPMENT

CORPORATION
MONTE
VISTA

HOUSING

DEVELOPMENT
12674
Monte
Vista
Road,
Poway
CA
92064
This
Third
Amendment
to
Exclusive
Negotiating
Rights
Agreement
("Third
Amendment")
is
entered
into
as
of
this
4th
day
of
June,
2024
("Third
Amendment
Effective
Date"),
by
and
between
the
POWAY

HOUSING

AUTHORITY,
a public
body,
corporate
and
politic
("Authority"),
and

WAKELAND

HOUSING
AND

DEVELOPMENT

CORPORATION,
a California nonprofit
corporation
("Developer"),
each
a "Party"
and
collectively
the
"Parties",
on
the
basis
of
the
following
facts:

RECITALS
A.

The
Authority
and
Developer
have
entered
into
that
certain
Exclusive
Negotiating
Rights
Agreement
dated
August
17,
2022,
as
amended
by
that
certain
First
Amendment
to
Exclusive
Negotiating
Rights
Agreement
dated
August
2,
2023,
and
as
further
amended
by
that
certain
Second
Amendment
to
Exclusive
Negotiating
Rights
Agreement
dated
February
6,
2024,
(collectively,
the
"ENRA").

Unless
otherwise
defined
in
this
Third
Amendment,
capitalized
terms
shall
have
the
meanings
ascribed
to
them
in
the
ENRA.

Pursuant
to
Section

1.2(A.)
of

ARTICLE

1. of
the
ENRA,
the
initial
Term
(or
Negotiating
Period)
of
the
ENRA
was
a
period
of
two-hundred seventy
(270)
calendar
days
commencing
on
the
Effective
Date
of
the
Exclusive
Negotiating
Rights
Agreement,
August
17,
2022,
and
expiring
May
14,
2023
("Initial
Term").

Section

1.2(A.)
of
the
ENRA
states
that
the
Negotiating
Period
may
be
extended,
in
each
case,
by
mutual
written
agreement
of
the
Parties,
for
up
to
six
(6)
additional
forty-five
(45)
calendar
day
periods
and
then
for
up
to
two
(2)
additional
sixty
(60)
calendar
day
periods,
and
on
the
Authority's
behalf
by
the
Executive
Director
of
the
Authority
("Executive
Director")
if,
in
the
Executive
Director's
sole
discretion
and
determination,
sufficient
progress
toward
a mutually
acceptable
AHA,
Ground
Lease
and
related
documents
has
been
made
during
the
initial
two-hundred
seventy
(270)
day
negotiating
period
and
during
the
then
current
Negotiating
Period
to
merit such
an
extension.

Pursuant
to
Section

1.2(A.)
of
the
ENRA,
the
Parties
extended
the
Term
(or
the
Negotiating
Period)
of
the
ENRA
as
follows:
(1)
by
letter
agreement
dated
March
20,
2023,
extending
the
Term
of
the
ENRA
for
the
period
commencing
May
15,
2023
and
expiring
June
29,
2023
("First
Extension
Term");
(2)
by
letter agreement
dated
June
2,
2023,
extending
the
Term
of
the
ENRA
for
the
period
commencing
June
30,
2023
and
expiring
August
13,
2023
("Second
Extension
Term");
(3)
by
letter
agreement
dated
September
5,
2023,
extending
the
Term
of
the
ENRA
for
the
period
commencing
August
13,
2023
and
expiring
September
26,
2023
("Third
Extension
Term");
(4)
by
letter
agreement
dated
September
5,
2023,
extending
the
Term
of
the
ENRA
for
the
period
commencing
September
27,
2023
and
expiring
November
10,
2023
("Fourth
Third
Amendment
to
ENRA
v I
3 of7
Page
1 of
5 ATTACHMENT
A
June 4, 2024, Item #18
Extension Term"); (5) by letter agreement dated November 1, 2023, extending the Term of the ENRA for the period commencing November 11, 2023 and expiring December 25, 2023 ("Fifth Extension Term"); (6) by letter agreement dated December 20, 2023, extending the Term of the ENRA for the period commencing December 26, 2023 and expiring February 8, 2024 ("Sixth Extension Term"); (7) by letter agreement dated February 7, 2024, extending the Term of the ENRA for the period commencing February 9, 2024 and expiring April 8, 2024 ("Seventh Extension Term"); and (8) by letter agreement dated April 7, 2024, extending the Term of the ENRA for the period commencing April 9, 2024 and expiring June 7, 2024 ("Eighth Extension Term").

D. In light of the impending expiration of the Eighth Extension Term of the ENRA and in light of the continued work on behalf of both Parties toward plans and entitlements, an acceptable affordable housing agreement for the potential Project, and an acceptable ground lease of the Site, the Parties now mutually desire to amend the ENRA by this Third Amendment to allow for up to two (2) additional potential extensions of the Term (or Negotiating Period) of the ENRA for a period of sixty ( 60) calendar days for each extension, pursuant to the terms of Section 1.2(A.) of ARTICLE 1. of the ENRA as amended by this Third Amendment.

E. Except for the change to Section l .2(A.) of ARTICLE 1. of the ENRA agreed to by the Parties as described in this Third Amendment, all terms and conditions of the ENRA, including all Exhibits attached thereto, shall remain unmodified and in full force and effect.

AGREEMENT
NOW THEREFORE, in consideration of the foregoing Recitals, the mutual covenants and agreements contained in this Third Amendment, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Authority and Developer hereby agree to amend the ENRA as follows:

1. Recitals. The foregoing Recitals are made a substantive part of this Third Amendment.

2. Modifications to the ENRA.
(a) Modification to the Term "this Agreement" in the ENRA. All references to "this Agreement" in the ENRA shall mean and include the Exclusive Negotiating Rights Agreement entered into by and between the Poway Housing Authority, a public body, corporate and politic, and Wakeland Housing and Development Corporation, a California nonprofit corporation, and dated August 17, 2022, as amended by the First Amendment to Exclusive Negotiating Rights Agreement entered into by and between the Poway Housing Authority, a public body, corporate and politic, and Wakeland Housing and Development Corporation, a California nonprofit corporation, and dated August 2, 2023, as further amended by the Second Amendment to Exclusive Negotiating Rights Agreement entered into by and between the Poway Housing Authority, a public body, corporate and politic, and Wakeland Housing and Development Corporation, a California nonprofit corporation, and dated February 6, 2024, and as further amended by the Third Amendment to Exclusive Negotiating Rights Agreement entered into by Third Amendment to ENRA vi
4 of7

Page 2 of 5 ends

June 4, 2024, Item #18
and between the Poway Housing Authority, a public body, corporate and politic, and Wakeland Housing and Development Corporation, a California nonprofit corporation, and dated June 4, 2024, including all Exhibits attached thereto.
(b) Modification to Second Sentence of Section l.2(A.) of ARTICLE 1. of the ENRA. The second sentence of Section l.2(A.) of ARTICLE 1. of the ENRA is hereby deleted in its entirety and replaced with the following:
"The Negotiating Period may be extended, in each case, by mutual written agreement of the Parties, for up to six (6) additional forty-five (45) calendar day periods and then for up to four (4) additional sixty (60) calendar day periods, and on the Authority's behalf by the Executive Director of the Authority ("Executive Director") if, in the Executive Director's sole discretion and determination, sufficient progress toward a mutually acceptable AHA, Ground Lease and related documents has been made during the initial two-hundred seventy (270) day negotiating period and during the then current Negotiating Period to merit such an extension."

3. Miscellaneous.
(a) Effect of Third Amendment. Except to the extent the ENRA is amended by this Third Amendment, the remaining terms and conditions of the ENRA, including all Exhibits attached thereto, shall remain unmodified and in full force and effect. In the event of a conflict between any of the terms contained in this Third Amendment and the terms contained in the ENRA, the terms of this Third Amendment shall govern, prevail and control. (b) Entire Agreement. The ENRA, including all Exhibits attached thereto, as amended by this Third Amendment, embody the entire understanding between the Authority and Developer with respect to their subject matter and can be changed only by an instrument in writing signed by the Authority and Developer.
( c) Counterparts. This Third Amendment may be executed in one or more counterparts, each of which shall be deemed an original but all of which, taken together, shall constitute one in the same Third Amendment.
( d) Applicable Law; Venue. The laws· of the State of California shall govern the interpretation and enforcement of this Third Amendment, without giving effect to its principles of conflicts of laws. Should litigation occur, such legal actions must be instituted in the Superior Court of the County of San Diego, State of California, in any other appropriate court of that county, or in the United States District Court for the Southern District of California, and both Parties irrevocably consent to the personal jurisdiction of such courts. (e) Attorneys' Fees. If an action or court proceeding is brought by a Party against the other Party under this Third Amendment, whether for interpretation, enforcement or otherwise, the prevailing Party in any such action or proceeding shall be entitled to recover attorneys' fees and costs from the other Party.

Third Amendment to ENRA v I
5 of 7

Page 3 of 5 ends

June 4, 2024, Item #18
(f)
Authority.

All
individuals
signing
this
Third
Amendment
for
a Party
which
is
a
corporation,
limited
liability
company,
partnership
or
other
legal
entity
, or
signing
under
a
power
of
attorney,
or
as
a trustee,
guardian,
conservator
, or
in
any
other
legal
capacity,
covenant
to
the
Authority
that
they
have
the
necessary
capacity
and
authority
to
act
for,
sign
and
bind
the
respective
entity
or
principal
on
whose
behalf
they
are
signing.
[SIGNATURES
BEGIN
ON

THE FOLLOWING
PAGE]
Third
Amendment
to
ENRA v I
6 of
7 Page
4 of
5 June 4, 2024, Item #18
IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to be executed as of the dates set forth opposite their signatures below. "AUTHORITY"
POWAY HOUSING AUTHORITY, a public
body, corporate and politic
By:--------------
Chris Hazeltine Dated
Executive Director
ATTEST:

By:------------
Carrie Gallagher, CMC
City Clerk
APPROVED AS TO FORM:

By: _______________ _
Alan Fenstermacher
General Counsel

KANE, BALLMER & BERKMAN
By: ___________ _
Kendall D. Levan
Authority Special Counsel
"DEVELOPER"

WAKELAND HOUSING AND
DEVELOPMENT CORPORATION, a
California nonprofit corporation
*see notes below
By: _____________ _
Name: --------------Title: --------------Dated: -------- By:-------------
Name: --------------Title: --------------Dated: -------- *Notes: In accordance with California
Corporations Code Section 313, this document
must be executed by the Corporation's Chief
Executive Officer, President or Vice-President,
on the one hand, and the Corporations' Chief
Financial Officer, Treasurer, Assistant
Treasurer or Secretary on the other hand.

Page 5 of 5 ends

Third Amendment to ENRA v I
7 of7
June 4, 2024, Item #19
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway

CITY COUNCIL
June 4, 2024
Honorable Mayor and Members of the City C~~ncil
Eric Heidemann, Director of Public Works iz'I<
Michael Obermiller, Public Works Operations Manager~
(858) 668-4722 or [email protected]
Authorization to Purchase One (1) Utility Body by Informal Bid The City of Poway's approved Fiscal Year 2023-24 operating budget includes funding to purchase one (1) utility body. Utilizing an informal competitive bid process, the City requested quotes for one (1) utility body through the Omnia cooperative purchasing contract and pricing from a nearby utility body fabricator. For optimal pricing, it is recommended to waive the City's formal bidding procedures and award the utility body purchase through an informal bidding process to Abacor, Inc. The total estimated purchase price for the utility body is $87,141.25, and meets the City's service requirements and specifications.

Recommended Action:

It is recommended the City Council adopt the resolution authorizing the purchase of the following equipment:
1) One (1) utility body ($87,141.25) from Abacor, Inc. through an informal bid process; and 2) Authorize the City Manager to execute any necessary documents.

Discussion:

The City operates and maintains over 125 street-legal vehicles and other heavy equipment for the purpose of inspecting, maintaining and operating City facilities and infrastructure. Annually, several of these vehicles and pieces of equipment must be replaced as they have exceeded their useful life or have excessive mileage. The current budget contains funding to replace one (1) utility body.

One cab and chassis for a utility truck was previously approved for purchase at the October 3, 2023 City Council meeting. At that time, City staff stated the utility body quote would be brought back for approval at a later date. Since then, City staff was able to obtain quotes through the Omnia Cooperative Purchasing Program (Contract #159469) and Abacor, Inc. The quote for the utility body is within the budgeted amount.
1 of 5
June 4, 2024, Item #19
All agreements offered through the Omnia Cooperative Purchasing Program have been awarded via a thorough Request for Bid (RFB) competitive solicitation program by a public agency/government entity (e.g., date, city, county, public university or school district). The program provides a streamlined and effective procurement option by establishing agreements with manufacturers and suppliers currently on an existing multiple award schedule with a competitive procurement procedure. Section

3.28.110 of the Poway Municipal Code permits the use of cooperative purchasing programs for procurement of supplies, services, and equipment when the administering agency has made their purchase in a competitive manner.

In addition to reviewing pricing from the cooperative purchasing contract, staff obtained an informal quote from Abacor, Inc., a utility body fabricator based in El Cajon, CA. No City of Poway vendors fabricate utility truck beds. As such, Abacor, Inc. was able to provide an overall lower price compared to the Omnia cooperative purchasing contract. Staff is requesting authorization of a purchase order to Abacor, Inc. for an estimated total cost of $87,141.25.

The quotes for the utility body are as follows:

Company Quote
Abacor, Inc. $87,141.25
Safeware, Inc. $96,379.38 Omnia Contract #159469
Copies of all quotes are on file with the Public Works Department.

After evaluation of various purchasing options and pricing, staff determined that it is in the best interest of the City not to proceed with its own formal bid process or utilize the bid process of the cooperative contract, and as such, recommends the formal bidding procedures are waived for the following reasons:

1. The informal bid from Abacor, Inc. for the utility body is less than the Ominia cooperative purchasing contract, which itself was publicly bid;

2. The requirement of Poway Municipal Code Chapter 3.28 that the purchase be formally bid will tie up staff resources from other projects and will not likely result in a lower price for the utility body given the City's historical experience; and

3. The procurement of the one (1) utility body from Abacor, Inc. will save Poway residents tax dollars on this purchase.

Environmental Review:

This action is not subject to review under the California Environmental Act (CEQA).

Fiscal Impact:

The City proactively plans for the replacement of its vehicles and equipment by annually setting aside a portion of the anticipated replacement costs along with inflationary cost adjustments to account for increases in equipment costs. The purchase will be made with funds from the Capital Replacement Fund (115010-61040) along with the division's operating budget (split-funded), for the purchase of one (1) utility body.

The total cost of the equipment to be purchased as a result of this action is $87,141.25. The full amount 2 of 5
June 4, 2024, Item #19
from
Fiscal
Year
2023
-34
Capital
Replacement
Fund
(115010-61040)
and
division
split-funding
account
(413040-61040)
is
budgeted
and
available
for
the
purchase
of
this
item
.

Public
Notification:

None. Attachments: A.

Resolution
Reviewed/
Approved
By:

Wendy
Kaserman
Assistant
City
Manager
3 ofS
Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

Chris
Haz
City
Manager
June 4, 2024, Item #19
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, AUTHORIZING THE PURCHASE OF
ONE (1) UTILITY BODY BY INFORMAL BID
WHEREAS, the City of Poway (City) operates and maintains over 125 street-legal vehicles and other heavy equipment for the purposes of inspecting, maintaining and operating City facilities and infrastructure and to provide public safety services; WHEREAS, one cab and chassis for a utility truck was previously approved for purchase at the October 3, 2023 City Council meeting;
WHEREAS, City staff stated the utility body quote would be brought back for approval at a later date, and staff was able to obtain quotes through the informal bid process; WHEREAS, City staff obtained quotes through the Omnia Cooperative Purchasing Program (Contract #159469) and Abacor, Inc. and found Abacor, Inc. to be the lowest quote at $87,141.25; and
WHEREAS, the Fiscal Year 2023-24 adopted operating budget includes amounts budgeted in both the Capital Replacement Equipment Fund and in departmental operating budgets for the purchase or replacement of various vehicles and equipment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:

SECTION 1: The purchase of One (1) utility body, utilizing the informal bid process through Abacor, Inc., at total cost of $87,141.25, is authorized.

SECTION 2: The City Manager is hereby authorized to execute any documents necessary for this purchase.
4 of 5
II
II
II
II
II
II
II
II
II

ATTACHMENT A
June 4, 2024, Item #19
Resolution No. 24-

Page 2 ends

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 4th day of June, 2024 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
5 ofS
June 4, 2024, Item #20
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
June 4, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Development Services Director fffi,
Alex Ubaldo, P.E., Principal Civil Engineer /&\
(858) 668-4602 or [email protected] ~-

CITY COUNCIL
Second Extension of the Fiscal Year 2024-25 Street Maintenance Project Contract with American Asphalt South, Inc., Bid No. 22-013, and Determination the Project is Categorically Exempt from the California Environmental Quality Act The Fiscal Year (FY) 2024-25 Street Maintenance project consists of placement of Type II emulsion aggregate slurry on streets within pavement management area Zone 7, along with raising water, sewer, and monument lids flush to grade. On June 21, 2022, the FY 2022-23 Street Maintenance project was awarded to American Asphalt South, Inc. The contract documents include a provision that allows for the contract to be extended. This is the second of two allowable extensions.

Recommended Action:

It is recommended the City Council:
1) Award the second extension of the FY 2022-23 Street Maintenance project contract for the FY 2024-25 Street Maintenance project to American Asphalt South, Inc., in the amount of $1,436,071.77 and authorize the City Manager to execute the contract (Attachment A); 2) Approve an appropriation in the amount of $9,283.19 to the FY 2024-25 Street Maintenance project (ST029), funded by the transfer from the Streets Fund (2110), to cover the cost of slurry seal treatment at the Crosthwaite Yard; and
3) Make a determination the project is Categorically Exempt from the California Environmental Quality Act (CEQA).

Discussion:

The City is currently divided into eight pavement maintenance zones that have traditionally been on a rotating annual maintenance schedule. American Asphalt South, Inc., successfully executed and completed both the FY 2022-23 Street Maintenance project in pavement management Zone 5 and FY 2023-24 Street Maintenance project in pavement management Zone 6. For this second and final extension to the contract, new unit prices were submitted as required by the contract documents. The new unit prices have been reviewed and accepted by staff. The scope of work is consistent with last 1 of 6
June 4, 2024, Item #20
year's scope and the new unit prices remain competitive within the expected escalation rates. All other provisions for the FY 2022-23 Street Maintenance contract will remain in effect.

The scope of this year's project includes slurry seal treatments on public streets within pavement management area Zone 7 (see Attachment B). The work will be performed on arterial and collector streets in the South Poway Business Park. This work has been coordinated with the FY 2023-24 Street Overlay project also occurring in Zone 7. The Street Overlay project will remove and replace failed sections of asphalt pavement, and the Street Maintenance project will follow immediately after.

On May 7, 2024, the City Council adopted a resolution identifying this project to be funded with Road Maintenance and Rehabilitation Account (RMRA) funds under the Road Repair and Accountability Act (SB1 ). The City is projected to receive $1,245,196.00 in RMRA funds. On May 7, 2024, the City Council also adopted the TransNet Local Street Improvement Program List of Projects, including $315,000.00 in funding identified for the FY 2024-25 Street Maintenance project. These combined resolutions provide the total budget of $1,560,196.00 for the FY 2024-25 Street Maintenance project.

The project also includes slurry seal treatment at the City's Crosthwaite Yard. Funding for this portion of the work is not eligible for RMRA or TransNet reimbursement. The cost will therefore be covered by the transfer of $9,283.19 from the Streets Fund (2110) into the project account.

Environmental Review:

The proposed asphalt/concrete pavement rehabilitation of existing City streets with the FY 2024-25 Street Maintenance project is Categorically Exempt from the CEQA as a Class 1 Categorical Exemption, pursuant to Section 15301 (c) of the CEQA Guidelines, in that the project involves maintenance of existing streets and parking lots with no expansion of use.

Fiscal Impact:

The project is funded by $1,245,196.00 of FY 2024-25 RM RA fund revenues, $315,000.00 of FY 2024- 25 Trans Net 30% (Maintenance) fund revenues, and $9,283.19 transfer from the Streets Fund (2110) to the FY 2024-25 Street Maintenance project (ST029). Appropriation of the RM RA and TransNet funds is included as part of the proposed FY 2024-25 Capital Improvement Project (CIP) budget, which will be presented for adoption at the June 18th City Council meeting. The budget of $1,569,479.19 includes the cost for the construction contract, construction contingency allowance, and the cost for required special inspections. With the recommended fund transfer in this report, and the upcoming adoption of the CIP budget, there will be sufficient funds in the FY 2024-25 Street Maintenance project account (ST029) to cover the construction costs of the project.

Public Notification:

None.

Attachments:

A. Second Amendment to the Contract
B. Zone 7 Location Map
2 of 6
June 4, 2024, Item #20
Reviewed/Approved By:

Wendy Kaserman
Assistant City Manager
3 of 6
Reviewed By:

Alan Fenstermacher
City Attorney City Manager
June 4, 2024, Item #20

SECOND AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF POWAY AND AMERICAN ASPHALT SOUTH, INC.

P .0. BOX 7 427
RIVERSIDE, CA 92513
This SECOND Amendment to Contract (the "Second Amendment") is made effective June 5, 2024, by and between the City of Poway, a municipal corporation (the "City") and American Asphalt South, Inc. (the "Contractor") to extend the term of that certain City of Poway Unit Price Contract to the 2022-2023 Street Maintenance project dated June 22, 2022 (the "Contract").

RECITALS
A. The City and Contractor entered into the Contract for a term that began on June 22, 2022, and which was originally to expire on June 21, 2023.

B. Under the conditions of the 2022-2023 Street Maintenance project Special Provisions, Section 2-15, Contract Length, the parties by mutual consent can extend the agreement by up to two (2) one-year periods.

C. The City and Contractor entered into the First Amendment for a term that began on April 5, 2023 and expires on June 30, 2024.

D. The parties now wish to extend the term of the Contract to June 30, 2025.

NOW, THEREFORE, in consideration of the mutual benefits to be derived thereupon, the parties agree to amend the Contract as follows:
4 of 6

1. For the period of June 14, 2023, through June 30, 2024, the title of the project shall be changed from the "2022-2023 Street Maintenance" project to the "2024-2025 Street Maintenance" project, (the "2024-2025 Project"). Except for work to cure any defaults in work performed under the Contract during its initial term, all work to be performed between the effective date and expiration date of this Contract extension shall be for the 2024-2025 Project.

2. The Construction Contract for the 2024-2025 Project, attached to this Extension as Attachment 1, shall apply to all work performed for the 2024- 2025 Project.

3. The Bonds for Material and Labor and for Faithful Performance, attached to this Extension as Attachments 2 and 3, respectively, shall apply to all work performed for the 2024-2025 Project.

4. The Guaranty for the 2024-2025 Project, attached to this Extension as Attachment 4, shall apply to all work performed for the 2024-2025 Project.

5. The Worker's Compensation Insurance Certificate dated _____ , attached to this Extension as Attachment 5, shall apply to all work performed for the 2024-2025 Project.

ATTACHMENT A
June 4, 2024, Item #20
Second Amendment
American Asphalt South, Inc.

Page 2 ends

6. The Unit Price Proposal for the 2024-2025 Project, together with the Bid Schedule, collectively attached to this Extension as Attachment 6, shall apply to all work performed for the 2024-2025 Project.

7. The List of Subcontractors for the 2024-2025 Project, attached to this Extension as Attachment 7, shall apply to all work performed for the 2024- 2025 Project.

8. The Worker Classifications for the 2024-2025 Project, attached to this Extension as Attachment 8, shall apply to all work performed for the 2024- 2025 Project.

9. The Non-Collusion Affidavit for the 2024-2025 Project, attached to this Extension as Attachment 9, shall apply to all work performed for the 2024- 2025 Project.

10. The Street List, Vicinity Map, and Trash Collection Route Map for the 2024- 2025 Project, attached to this Extension as Attachment 10, shall apply to all work performed for the 2024-2025 Project.

11. The Addendum to Section 4-4 and 7-5 attached to this Extension as Attachment 11, shall apply to all work performed for the 2024-2025 Project.

Except as otherwise expressly provided above, all the provisions of the Contract between the City of Poway and American Asphalt South, Inc., effective June 5, 2024, as extended by the second amendment, shall remain in full force and effect.

IN WITNESS WHEREOF the parties have caused the Contract to be executed as follows:

BY: DATED
Jeff Petty
President
American Asphalt South, Inc.

BY: DATED
Chris Hazeltine
City Manager
City of Poway
ATTEST: DATED
Carrie Gallagher
City Clerk
City of Poway
5 of 6
June 4, 2024, Item #20
1,700

3.400

5.100
Fee
t
6 of
6 N A

ATTACHMENT
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Poway City CouncilJune 4, 2024

Poway City Council
June 4, 2024