Amended Agenda
Adding Closed Session Item #12
AG EN DA Poway City Council
Coun cil Ch am be r I 13325 Civic Cente r Dri ve I Poway, CA I 920 64 September 16, 2025 I 7 p.m.
Thank you for participating in your local government and the City of Poway Council meetings.
Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064. The Council Chamber will be open to the public.
Public Meeting Access I Members of the public may attend the City Council meeting in person, or watch the City Council meeting live online. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website.
Speakers I Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes . Per the Poway Municipal Code, the speaking time may be reduced .
To Wat ch Live:
www .poway.org/councilmeetings
Agenda Materials I This agenda contains a brief summary of each item the Council will consider.
The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www .poway.org. Sign up at https://poway.org/list.aspx to receive email notifications when City Council agendas are published online. Items listed on the agenda with a"#" symbol are in preparation.
PLEASE NOTE: Written comments received via email before 3:00 p.m. the day prior to the meeting will be distributed as formal additional material as well as be made available online prior to the City Council meeting. Written comments received after this deadline will be forwarded to the Council, but not available online until after the City Council meeting.
American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting.
Steve Vaus
Mayor
Peter De Hoff
Deput y Mayor
Tony Blain
Councilmember
Jenny Maeda
Councilmemb er
Christopher J. Pikus
Councilmember
Reminder I As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers.
The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER:
ROLL CALL:
PLEDGE OF ALLEGIANCE:
MOMENT OF SILENCE:
PRESENTATION:
Friends of Poway Seniors Proclamation - Nonprofit of the Year National Preparedness Month
E-Bike Presentation
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general publ ic for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes.
Per the Poway Municipal Code, the speaking time may be reduced. Speakers have one opportunity to address the Council under Public Comment.
CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion.
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the June 3, 2025, and June 17, 2025 Regular City Council Meeting Minutes
3. Second Reading and Adoption of Ordinance No. 876 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 3.28 of the Poway Municipal Code Regulating the City's Formal Bidding Procedure, and Award and Execution of Purchasing Contracts"
4. Addition of Emergency Preparedness Program Manager Classification to the City of Poway Position Classification Plan and Management/Confidential Salary Schedule
5. Award of Contract to Savant Solutions for Managed Detection and Response (MDR) Security Services Provider
6. Approval of Consultant Agreement with TKE Engineering , Inc., for the Water Treatment Plant Chemical Tank Replacement Project; RFP No. 25-011
2 of 4 Regular City Council Meeting September 16, 2025
7. Award of Agreement to Carollo Engineers, Inc. for Sewer Master Plan Update, RFP No. 26-003
8. Award of Agreement to Kennedy/Jenks Consultants, Inc. for Water Master Plan Update, RFP No. 26-003
9. Acceptance of Public Improvements for the Fairfield Project, Street Improvement Plan 21-002
10. Acceptance of Public Improvements for the Lyon Estates Project, Street Improvement Plan 21-003 ORDINANCES FOR INTRODUCTION: None
PUBLIC HEARINGS:
11 . Resolution Adopting the Report on City's Water Quality Relative to Public Health Goals for 2022- 2024
City Manager's Recommendation: It is recommended the City Council open the public hearing, take public input, close the public hearing, and adopt the Resolution adopting the report on Water Quality Relative to Public Health Goals for 2022-2024.
STAFF REPORTS: None
WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION:
12. Conference with Legal Counsel - Existing Litigation Pursuant to (Government Code§ 54956.9(d)(1 ))
Name of Case: City of Poway v. Arthur (Tony) Blain, San Diego Superior Court Case No. 25CU024105C
ADIOURNMENT:
3 of 4 Regular City Council Meeting September 16, 2025
State of California
County of San Diego
)
) ss.
)
AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular meeting as called by the City Council of the City of Poway was posted and provided on September 11, 2025. Said meeting to be held at 7:00 p.m., September 16, 2025, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. ,£AMA;~
Carrie Gallagher, cM(CityC,erk
4 of 4 Regular City Council Meeting September 16, 2025
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September 16, 2025, Item #2
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
September 16, 2025
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
(858) 668-4535 or [email protected]
CITY COUNCIL
SUBJECT: Approval of the June 3, 2025, and June 17, 2025 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• June 3, 2025 Regular City Council Meeting Minutes
• June 17, 2025 Regular City Council Meeting Minutes
The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.
Recommended Action:
It is recommended the City Council approve the June 3, 2025, and June 17, 2025 Regular City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A. June 3, 2025 Regular City Council Meeting Minutes
B. June 17, 2025 Regular City Council Meeting Minutes
Reviewed/Approved By:
~;.::;:
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
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September 16, 2025, Item #2
ATTACHMENT A
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
June 3, 2025
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER:
Mayor Vaus called the Regular Meeting to order at 7:00 p.m.
ROLL CALL:
Present: Tony Blain, Jenny Maeda, Christopher J. Pikus, Peter De Hoff, Steve Vaus STAFF MEMBERS PRESENT:
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Julie Procopio; Director of Finance Craig Schmollinger; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Brian Mitchell; Captain Claudia Delgado, San Diego County Sheriff's Office.
(Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.)
PLEDGE OF ALLEGIANCE:
Deputy Mayor De Hoff led the Pledge of Allegiance.
MOMENT OF SILENCE:
Mayor Vaus led a moment of silence.
PRESENTATIONS:
Neighborhood Watch Program Presentation
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PUBLIC COMMENT:
John Mullin asserted that false information is being disseminated by Councilmember Blain and provided examples of publicly shared social media posts and other forms of written communications.
John Couvrette voiced concerns over attempts by Councilmember Blain to publicly harm the reputations of certain Poway residents and others by way of slander; he provided updates on the Recall Tony Blain campaign.
CONSENT CALENDAR:
Motioned by Mayor Vaus, seconded by Deputy Mayor De Hoff to approve Consent Calendar Items 1 through 5. Motion carried 5/0 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Blain, Maeda, Pikus, De Hoff, Vaus
None
None
None
None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the March 18, 2025 Regular City Council Meeting Minutes
3. Award of Agreement to AARC Consultants, LLC for the 2025 Risk and Resilience Assessment and Update to Water System Emergency Response Plan, RFP No. 25-013
4. Approval of City of Poway's 2025-2026 Annual Water Supply and Demand Assessment
5. Award of Agreement to Dudek for Environmental and Biological Fieldwork for Stormwater Maintenance Programs; RFP No. 25-015
6. Engineer's Report and Resolution No. 25-011 Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 19-1 for Fiscal Year 2025-26 and Set Date for Public Hearing
7. Engineer's Report and Resolution No. 25-012 Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 83-1 for Fiscal Year 2025-26 and Set Date for Public Hearing
8. Engineer's Report and Resolution No. 25-013 Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 86-1 for Fiscal Year 2025-26 and Set Date for Public Hearing
9. Engineer's Report and Resolution No. 25-014 Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 86-2 for Fiscal Year 2025-26 and Set Date for Public Hearing
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10. Engineer's Report and Resolution No. 25-015 Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 86-3 for Fiscal Year 2025-26 and Set Date for Public Hearing
11. Engineer's Report and Resolution No. 25-016 Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 87-1 for Fiscal Year 2025-26 and Set Date for Public Hearing
12. Engineer's Report and Resolution No. 25-017 Declaring the Intention to Levy and Collect Assessments within Poway Lighting District for Fiscal Year 2025-26 and Set Date for Public Hearing
13. Acceptance of the FY 2023-24 Americans with Disabilities (ADA) Barrier Removal - Community Park Project with LC Paving & Sealing, Inc., as Complete
14. City's Investment Report as of March 31, 2025
ORDINANCES FOR INTRODUCTION:
None.
PUBLIC HEARINGS:
15. Resolution for Solid Waste/Recycling Collection Service Rate Increases Mayor Vaus opened the Public Hearing at 7:25 p.m.
Senior Management Analyst Jennefer Steffen introduced the item. She explained any property-related charge, including solid waste and recycling rates, must go through a public hearing process. At the April 15, 2025 Regular City Council meeting, Council approved the hearing for tonight and authorized the mailing of notices, which were sent to 16,544 property owners on April 18, 2025. Under Proposition 218, customers of record must be given the chance to protest before new rates can be approved, with a majority protest required to block the rate changes.
The City maintains an exclusive franchise agreement with EDCO Waste & Recycling Services, Inc. (EDCO) to provide residential and commercial solid waste and recycling services. This agreement outlines the procedures and methodology for adjusting rates, including cost-of living increases, disposal fee changes, and special rate reviews. EDCO is required to notify the City before implementing any rate changes. In line with this process, EDCO submitted a rate adjustment request on February 21, 2025.
Ms. Steffen presented an overview of the proposed residential and yard bin service rate increases and highlighted the long-standing relationship between the City and EDCO.
Following Ms. Steffen's presentation, Steve South, President and CEO of EDCO, explained the rate increase for the service component is based on a Consumer Price Index (CPI) adjustment, and the increase for the disposal component is based on the Regional Solid Waste Disposal (RSWA) adjustment. He also provided some history on the company and the services they provide.
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No public comment.
Mayor Vaus closed the Public Hearing at 7:32 p.m.
At the request of Mayor Vaus, City Clerk Gallagher announced 11 protests were received which does not constitute a majority protest.
Council discussion ensued. Councilmember Maeda cited having toured an EDCO facility, she noted the positive work environment, the facility's strong commitment to sustainability, and their state-of-the-art composting systems. Council described the fee increase as minimal compared to neighboring municipalities and discussed the benefits of EDCO's hazardous waste removal program. Council thanked EDCO for their decades of partnership with the City.
Responding to Councilmember Blain's comments, City Attorney Fenstermacher clarified the following, trash fees are paid to EDCO and not to the City, the City receives no cost trash service for City trash however it is not charged back to other trash customers nor does this consideration by EDCO to the City constitute a Proposition 218 violation.
Additionally, Councilmember Blain claimed the City was moving water-related revenue collected from residents out of the City's enterprise fund and into the general fund.
Councilmember Blain requested Mayor Vaus recuse himself from voting on the item due to believed conflicts of interest relating to campaign contributions. Mayor Vaus declined, characterizing Mr. Blain's request as meritless and legally unfounded.
Motioned by Deputy Mayor De Hoff, seconded by Mayor Vaus to adopt Resolution No. 25-018 entitled "A Resolution of The City Council of The City of Poway, California, Approving an Adjustment to the EDCO Waste and Recycling Services Rate Schedule and Rescinding Resolution No. 20-034." Motion carried 4/1 by the following vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
STAFF REPORTS:
Maeda, Pikus, De Hoff, Vaus
Blain
None
None
None
16. Implementation of the Poway Center for the Performing Arts Operational Analysis and Fee Study conducted by Webb Management
Director of Community Services Audrey Denham introduced the item. She explained the City hired Webb Management to assess Poway Center for Performing Arts (PCPA) operations and propose strategies to increase efficiency, reduce the annual operating subsidy, and boost revenue. The analysis follows Council direction from 2020, which included renegotiating the 1990 Joint Use Agreement with Poway Unified School District (PUSD), conducting a fundraising feasibility study, and completing an operational and fee analysis. The updated agreement with PUSD increased their use of the facility and their cost-share to 35%. It was also noted the operational analysis proposes a new partnership with Poway OnStage, a nonprofit capable of managing professional performances, arts education, and fundraising. 6 of 14
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The recommendations aim to reduce the City's annual subsidy through programming changes, increased staffing, rental fee adjustments tied to CPI, and enhanced marketing. A six-year capital improvement plan, currently in its second year, addresses infrastructure upgrades, with 35% cost-sharing from PUSD. Poway OnStage also proposes to secure a $1 million donation with the McCarthy Family Foundation to support capital improvements.
If approved, staff will begin negotiations with Poway OnStage followed by an RFP for marketing services. Budget adjustments for staffing and marketing will be presented in the FY 2025-26 budget, with CPI-based rental increases included in a future citywide fee study.
Mr. Webb discussed the PCPA's potential to deliver more value, noting it would require additional investment, particularly in staff and financial resources. The PCPA's success will depend on developing a strong identity and value proposition within the community to compete effectively for audiences, programs, and funding. The implementation plan focused on several key recommendations, including strengthening the partnership with Poway OnStage to help them become a stronger presenting and fundraising partner and recommended hiring a marketing consultant to improve communication and promotional efforts using traditional and social media. Additionally, the study suggested increasing staff capacity by converting some part-time roles to full-time positions.
Public Comment:
The following individuals spoke in support of Item #16:
JanetLettang
Daniel Krall
Sharlene O'Keefe, Executive Director of Poway OnStage
End of Public Comment.
Council discussion ensued and expressed support for the item.
Motioned by Councilmember Pikus, seconded by Mayor Vaus to 1) receive and file the Poway Center for the Performing Arts Operational Analysis and Fee Study; 2) authorize the City Manager, in collaboration with the City Council PCPA Subcommittee, to negotiate and execute a new agreement with Poway OnStage to provide a professional performance season, arts education programming, and fundraising for capital improvement projects; 3) direct staff to include recommended operational changes in the Fiscal Year (FY) 2025-26 budget proposal, to include personnel changes and a marketing consultant contract; and 4) direct staff to include annual rental fee increases as part of the City-wide fee study. Motion carried 5/0 by the following vote:
Ayes:
Noes:
Abstained:
Absent:
Blain, Maeda, Pikus, De Hoff, Vaus
None
None
None
Disqualified: None
WORKSHOPS:
None.
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COUNCIL-INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Councilmember Blain sought clarification on issues related to campaign sign code violations. He encouraged residents to utilize the City App. He discussed attending the 2nd Annual Car Show hosted by Poway High Schools' Auto Club, Memorial Day services at Dearborn Memorial Park, and the most recent Budget Review Committee meeting. Mr. Blain provided information on the Poway Community Foundation and local trail cleanup efforts and further discussed the Neighborhood Watch Program.
Responding to Councilmember Blain's questions, City Manager Hazeltine noted receipt of one sign-related complaint having been submitted to the City by Mr. Blain and Mr. Hazeltine added the complaint was referred to Code Compliance to handle as appropriate.
Councilmember Pikus thanked the Fire Department for their assistance and responsiveness to a rattlesnake related issue.
Deputy Mayor De Hoff expressed appreciation for the quick and effective work done by the Fire Department in managing recent fires.
Mayor Vaus praised the Poway and San Diego Fire Departments for their quick and professional response to a fire near Cobblestone Creek. Mayor Vaus acknowledged recent challenges faced by the Fire Department, including multiple fires and a fatal accident, and extended appreciation to both the Fire Department and Sheriff's Office for their efforts.
CITY MANAGER ITEMS:
Refuting earlier claims made by Councilmember Blain during the Council discussion of Item #11, City Manager Hazeltine clarified the City does not move money from the water enterprise fund into the General Fund, noting that doing so would be illegal.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None.
CLOSED SESSION:
None.
ADJOURNMENT:
The meeting was adjourned at 8:26 p.m.
Carrie Gallagher, CMC
City Clerk
City of Poway, California
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ATTACHMENT B
CITY
OF
POWAY
CITY
COUNCIL
REGULAR
MEETING
MINUTES
June
17,
2025
City
Council
Chambers
13325
Civic
Center
Drive,
Poway,
California
(Per
Government
Code
54953)
(Meeting
Called
to
Order
as
City
Council/City
of
Poway
Planning
Commission/Poway
Housing
Authority/Public
Financing
Authority
and
Successor
Agency
to
the
Poway
Redevelopment
Agency)
CALL
TO
ORDER:
Mayor
Vaus
called
the
Regular
Meeting
to
order
at
7:00
p.m.
ROLL
CALL:
Present:
Jenny
Maeda,
Christopher
J. Pikus
, Peter
De
Hoff,
Steve
Vaus
Absent:
Tony
Blain
STAFF
MEMBERS
PRESENT:
City
Manager
Chris
Hazeltine;
Assistant
City
Manager
Wendy
Kaserman;
City
Attorney
Alan
Fenstermacher;
City
Clerk
Carrie
Gallagher;
Director
of
Development
Services
Julie
Procopio;
Director
of
Finance
Craig
Schmollinger;
Director
of
Human
Resources
and
Risk
Management
Jodene
Dunphy
; Director
of
Public
Works
Eric
Heidemann;
Director
of
Community
Services
Audrey
Denham;
Fire
Chief
Brian
Mitchell;
Captain
Claudia
Delgado,
San
Diego
County
Sheriff's
Office. (Note
: Hereinafter
the
titles
Mayor,
Deputy
Mayor,
Councilmember,
City
Manager,
Assistant
City
Manager,
City
Attorney,
City
Clerk
and
Director
of
Finance
shall
be
used
to
indicate
Mayor/Chair,
Deputy
MayorNice
Chair,
Councilmember/Director,
City
Manager/Executive
Director,
Assistant
City
Manager/Assistant
Executive
Director,
City
Attorney/Counsel,
City
Clerk/Secretary
and
Director
of
Finance/Finance
Officer.)
PLEDGE
OF
ALLEGIANCE:
Deputy
Mayor
De
Hoff
led
the
Pledge
of
Allegiance.
MOMENT
OF
SILENCE:
Mayor
Vaus
led
a
moment
of
silence.
PRESENTATIONS: Recognition
-
FIRST
Robotics
Competition
Team
6995,
NOMAD
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PUBLIC COMMENT:
Michael Yehilevsky voiced concerns and over signature gathering efforts for the Recall Tony Blain campaign.
Dan Krall voiced concerns regarding Councilmember Blain's lack of transparency surrounding failure to communicate with his constituents by way of City email, his recent NO vote on an EDCO agenda item and refuted Mr. Blain's claims of having attended the May 21 Budget Review Committee meeting.
John Couvrette called for Councilmember Blain's resignation, provided updates on Recall Tony Blain campaign, and raised concerns about Mr. Blain's upcoming absences and the resulting lack of representation for District 2.
Anita Edmondson raised concerns about Councilmember Blain's upcoming absences and the resulting lack of representation for District 2 and requested clarification on possible alternative representation options.
CONSENT CALENDAR:
Motioned by Councilmember Pikus, seconded by Councilmember Maeda to approve Consent Calendar Items 1 through 9. Motion carried 4/0/1 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Maeda, Pikus, De Hoff, Vaus
None
None
Blain
None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the April 1, 2025 Regular City Council Meeting Minutes
3. Resolution No. 25-019 Authorizing the Acceptance of the 2024 State Homeland Security Grant Program Funds
4. Resolution No. 25-020 Authorizing the Acceptance of the 2024 Urban Area Security Initiative Grant Program Funds
5. Award of Contract to M-Rae Engineering, Inc. for the FY 2024-25 Water Valve Replacement Project, Bid No. 25-013, and Determination the Project is Categorically Exempt from the California Environmental Quality Act
6. Award of Contract to Vullutini Corporation OBA Royal Electric Company for the Water Pump Station 8 (PS-8) Motor Control Center (MCC) Upgrades Project, Bid No. 25-008 and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
7. Resolution No. 25-021 Adopting a List of Projects for Fiscal Year 2025-26, Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017
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8. Award of Contract to Payco Specialties, Inc., for the 2025-2026 Citywide Striping Project, Bid No. 25-011 and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
9. Award of Contract to Pavement Coatings Co., for the 2025-2026 Street Maintenance Project Bid No. 25-012 and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
ORDINANCES FOR INTRODUCTION:
None.
PUBLIC HEARINGS:
10. Report on Vacancies, and Recruitment and Retention Efforts Mayor Vaus opened the Public Hearing at 7:18 p.m.
Director of Human Resources and Risk Management Jodene Dunphy presented the item along with PowerPoint. Ms. Dunphy addressed compliance with Assembly Bill (AB) 2561, a California law effective January 1, 2025, which requires public agencies to present information on vacancies, recruitment, and retention efforts annually prior to budget adoption. She noted, as of June 1, 2025, Poway's vacancy rates for both the Teamsters and Poway Firefighters Association were well below the state's 20% reporting threshold. Since then, the Teamsters vacancy rate has dropped from 7.6% to 3.8%, and the overall City vacancy rate has decreased from 7% to 5.4%, with further reductions expected in July as new firefighter paramedics begin work. She explained the new law requires agencies to identify any barriers to hiring; Poway has continued to assess and adjust its hiring practices to remain competitive.
Moving forward, the City will continue to monitor vacancy rates monthly and notify bargaining units if their rates reach 20% or more. The City remains committed to attracting and retaining skilled, community-focused employees.
Ms. Dunphy provided a short video and concluded her presentation by stating continued collaboration among staff, leadership, and City officials will contribute to maintaining low vacancy rates.
Public Comment:
No speakers.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:31 p.m.
Council discussion ensued. Council expressed appreciation for the City's quality of leadership and staff, noting internal promotions as a testament to the strength and health of the organization. Council highlighted raising the pay scale as a necessary investment in maintaining a quality workplace, and the six-year labor agreements were recognized as further evidence of a well-managed and supportive workplace culture-one built and sustained by the efforts of City Manager Hazeltine, Assistant City Manager Kaserman, and 11 of 14
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the entire leadership team. Council responded positively to the video presentation, noting the authenticity and pride shown by those participating. Council thanked staff, attributing Poway's low vacancy rate and overall organizational health to dedicated individuals serving the City each day.
Motioned by Deputy Mayor De Hoff, seconded by Mayor Vaus to receive and file the report. Motion carried 4/0/1 by the following vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Maeda, Pikus, De Hoff, Vaus
None
None
Blain
None
11. Proposed Fiscal Year 2025-26 Operating Budget & Capital Improvement Program, Including a Resolution Adopting an Amendment to the TransNet Local Street Improvement Program List of Projects for Fiscal Years 2024-25 through 2028-29 Mayor Vaus opened the Public Hearing at 7:34 p.m.
Director of Finance Craig Schmollinger presented the Operating Budget Program and City Engineer Tracy Beach presented the Capital Improvement Program (CIP) item along with a PowerPoint presentation.
Mr. Schmollinger provided an overview of the City's proposed operating budget, citing operating expenditures by fund. He discussed the General Fund, including revenues and expenditures, and outlined benefits realized from prior budget decisions, impacts to the budget including inflation, and potential tariff impacts.
He discussed proposed new programs and expenditure requests and provided additional information on maintaining staffing levels for the next fiscal year. He noted the proposed budget includes funding for five position reclassifications across four different departments, including Finance, Public Works, Legislative/Administrative, and Community Services. There is a total of less than one (1) new full-time equivalent (FTE) being added City-wide with the proposed budget.
Mr. Schmollinger discussed a cost saving measure to pay off the 2012 Refunding Certificate of Participation debt early. The proposed measures will save the City over $780,000 in avoided interest costs and free up debt capacity in the future if needed. He noted, according to Poway's City Council-adopted Financial Policy and established best practices, the City is prohibited from using General Fund resources to cover enterprise fund expenses, including those related to water or sewer services.
Mr. Schmollinger detailed the City's reserve balances, noting they provide resources for future projects and unforeseen needs. He then provided an update on the City's Water and Wastewater Funds, including revenues, expenditures, projected cost increases, and fund balances.
Ms. Beach discussed how the Capital Improvement Plan (CIP) is critical to maintaining and improving the quality of Poway's public infrastructure. CIP projects are focused on improving critical public infrastructure such as parks, sidewalks, facilities, streety safety, drainage 12 of 14
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infrastructure enhancements, facility renovation and making necessary repairs throughout the City.
Ms. Beach discussed the FY 2025-26 CIP Program which includes 78 total active and proposed projects with a total appropriation of $100.98 million. She noted an overall increase in project costs, explaining the Construction Cost Indexes (both national and in California) continue to rise while the average number of project bidders declines.
Mr. Schmollinger then outlined the work of the Budget Review Committee and their contributions to developing the proposed 2025-2026 operating budget.
Public Comment:
Vanessa Springett, Budget Review Committee (BRC) Chair, provided a summary of the Budget Review Committee process, observations and their recommendations for the FY 2025-26 budget.
The following speakers spoke in support of Item #11:
Dan Krall
Anita Edmondson sought clarification on budgeted versus projected expenditures for various departments during FY 2024-25.
End of Public Comment
Mayor Vaus closed the Public Hearing at 8:31 p.m.
Council discussion ensued. In response to earlier public comment regarding budgeted versus projected expenditures, Mayor Vaus asked about increased operational expenses in the Legislative, City Clerk, and Human Resources budgets. Finance Director Schmollinger attributed the rise primarily to unanticipated legal and investigation costs, along with a surge in public records requests requiring additional staff. Assistant City Manager Kaserman clarified the City Clerk's budget increase was largely due to Measure H election expenses, which were not originally included in the FY 2024-25 budget since Council had yet to take action on Measure H, and were later reimbursed by Life Time.
Council responded positively to the proposal to pay off a portion of the City's debt early and the opportunities to reinvest those savings. Council highlighted the importance of investing in new projects, programs, and Citywide improvements outlined in the CIP. Council commented on the City's history of fiscal responsibility and noted its reserve fund balance and low tax rates. They specifically noted Poway's sales tax rate remains the same amount as when it was originally adopted, unlike many other surrounding cities who have raised their sales tax rates. Council emphasized the reserves are funded at some of the highest levels in the County. Council discussed Poway's financial discipline, contrasting it with nearby cities facing deficits and tax hikes due to lack of restraint. Council discussed the challenges the City faces with water rates and costs that are outside the City's control, as well as addressing long-term funding for the Landscape Maintenance Districts. In addition, they discussed the role of the BRC and thanked them for their time and input.
Council decried the unfortunate attempted politization of the BRC by Councilmember Blain, and the unnecessary legal expenses incurred by the City due his behavior and misconduct. 13 of 14
September 16, 2025, Item #2
City of Poway -Minutes -June 17, 2025
Motioned by Mayor Vaus, seconded by Deputy Mayor De Hoff to adopt Resolution No. 25-022, entitled "A Resolution of the City Council of the City of Poway, California, Approving Changes to the City of Poway Position Classification Plan, the City of Poway ManagemenUConfidential Salary Schedule, the City of Poway Non-Safety Salary Schedule, the City of Poway Firefighters' Association Salary Schedule, the Part-Time Temporary/Seasonal Wage Schedule, and the ManagemenUConfidential Salary and Benefits Plan Document"; adopt Resolution No. 25-023 entitled "A Resolution of the City Council, Housing Authority and Successor Agency to the Poway Redevelopment Agency of the City of Poway, California, Approving and Adopting the Annual Operating Budget and Capital Improvement Program for Fiscal Year 2025-26 and Appropriating Funds"; adopt Resolution No. 25-024 entitled "A Resolution of the City Council of the City of Poway, California, Adopting an Appropriations Limit for Fiscal Year Ending June 30, 2026"; adopt Resolution No. 25-025 entitled "A Resolution of the City Council of the City of Poway, California, Adopting the TransNet Local Street Improvement Program List of Projects for Fiscal Years 2025 through 2029"; and to receive the Budget Review Committee report with recommendations. Motion carried 4/0/1 by the following vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
STAFF REPORTS:
None.
WORKSHOPS:
None.
Maeda, Pikus, De Hoff, Vaus
None
None
Blain
None
COUNCIL-INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Councilmember Pikus announced the annual Poway Chamber of Commerce Business Star Awards, scheduled for Friday, June 20, 2025, at the Heights Golf Club and noted the City of Poway has been nominated for the Large Business of the Year award.
CITY MANAGER ITEMS:
None.
14 of 14
September 16, 2025, Item #2
City of Poway -Minutes -June 17, 2025
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) City Attorney Fenstermacher reported out City Council voted 4/0/1 (Absent: Blain) to authorize the City Attorney to defend the City in Endangered Habitats League v. City of Poway, San Diego Case No. 25CU030278C.
CLOSED SESSION:
12. Conference with Legal Counsel -Existing Litigation
(Government Code§ 54956.9(d)(1))
Name of Case: Endangered Habitats League v. City of Poway, et. al., San Diego Superior Court, Case No. 25CU030278C
ADJOURNMENT:
Mayor Vaus recessed the Regular City Council meeting into Closed Session at 8:52 p.m.
The meeting was adjourned at 9:26 p.m.
Carrie Gallagher, CMC
City Clerk
City of Poway, California
September 16, 2025, Item #3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
September 16, 2025
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. 876 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 3.28 of the Poway Municipal Code Regulating the City's Formal Bidding Procedure, and Award and Execution of Purchasing Contracts"
The introduction and first reading of the above-entitled Ordinance was-approved at a Regular City Council Meeting on August 19, 2025. There were no speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading:
Recommended Action:
AYES:
NOES:
BLAIN, MAEDA, PIKUS, DE HOFF, VAUS
NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
It is recommended the City Council adopt Ordinance No. 876.
Environmental Review:
None.
Fiscal Impact:
None.
1 of7
September 16, 2025, Item #3
Public Notification:
An ordinance summary notice was published in the Poway News Chieftain on Thursday, August 28, 2025. 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. 876
Reviewed/Approved By:
Assistant City Manager
2 of7
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chr~~
City Manager
September 16, 2025, Item #3
ATTACHMENT A
ORDINANCE NO. 876
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING CHAPTER 3.28 OF THE
POWAY MUNICIPAL CODE REGULA TING THE CITY'S FORMAL
BIDDING PROCEDURE, AND AWARD AND EXECUTION OF
PURCHASING CONTRACTS
WHEREAS, City staff and the City Attorney's Office have been progressively analyzing the Poway Municipal Code ("PMC") and recommending updates where appropriate; WHEREAS, the City Council of the City of Poway has enacted a purchasing system in Chapter 3.28 of the PMC to establish efficient procedures for the purchase of supplies, equipment, materials or services; to secure the same for the City at the lowest possible cost commensurate with the quality needed; to exercise positive financial control over purchases; and to ensure that purchases are consistent with the City's adopted budget; WHEREAS, the City Council seeks to increase the minimum purchase value which triggers the City's formal bidding procedure and requires contracts be awarded by the City Council so as to reflect modern costs and provisions of state law; WHEREAS, the City Council seeks to formalize the City's process for posting formal bid notices by specifying those places in the City where such bids shall be posted; and WHEREAS, the City Council seeks to allow the City to enter into contracts for supplies, services or equipment that are being fully reimbursed by third parties without requiring a formal bidding process.
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: Section 3.28.050 of the PMC is hereby amended as follows, with additions in underline, and deletions in strikethrough:
3.28.050 Unauthorized purchases
No City department head, division head or other employee shall make or order the purchase of any supplies, equipment, materials or services or make any contract without the prior approval, in writing or electronically. of the Director of Finance.
SECTION 3: Section 3.28.070 of the PMC is hereby amended as follows, with additions in underline, and deletions in strikethrough:
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3.28.070 Formal bidding procedure.
Except as otherwise provided in this chapter, any purchase for supplies, services, or equipment for contracts on public works projects which exceeds in value $.1.Qe0,000 or the amount established by Public Contract Code Section 22032(a), whichever is greater, in value for supplies, services, and equipment, or the amount September 16, 2025, Item #3
4 of7
Ordinance
No.876 Page
4 established
by
Public
Contracts
Code
Section
22032
and
succeeding
amendments
for
contracts
on
public
works
projects,
will
shall
be
by
formal
bid.
The
requirements
of
this
section
apply
only
to
formal
bids,
and
not
to
requests
for
proposal
(RFPs)
issued
by
the
City.
A.
Notices
inviting
sealed
bids
shall
be
published
at
least
twice,
not
less
than
five
days
apart,
the
first
time
being
10 days
before
the
date
of
the
opening
of
the
bids
,
in
a
newspaper
of
general
circulation
in
the
City,
or
they
shall
be
posted
in
at
least
three
places
in
the
City
that
have
been
designated
by
ordinance
as
the
places
for
posting
public
notices~.,.
(1)
on
the
City
bulletin
board
located
outside
City
Hall;
(2)
on
the
public
bulletin
board
located
at
the
Poway
Branch
Library;
and
(3)
online
on
the
City's
website.
B.
Notices
inviting
bids
shall
include
a
general
description
of
the
articles
to
be
purchased,
where
bid
forms
and
specifications
may
be
obtained,
and
the
time
,
date
and
place
for
the
opening
of
bids.
C. When
deemed
necessary
by
the
Director
of
Finance,
bidder's
security
may
be
prescribed
in
the
public
notice
inviting
bids
. Bidders
shall
be
entitled
to
return
of
bid
security;
provided,
however,
that
a
successful
bidder
shall
forfeit
the
bid
security
upon
the
bidder's
refusal
or
failure
to
execute
the
contract
within
10 days
after
the
notice
of
award
of
contract
has
been
mailed
. The
City
Council
may,
on
refusal
or
failure
of
the
successful
bidder
to
execute
the
contract,
award
it
to
the
next
lowest
responsible
bidder.
If
the
City
Council
awards
the
contract
to
the
next
lowest
bidder,
the
amount
of
the
lowest
bidder's
security
shall
be
applied
by
the
City
to
the
contract
price
differential
between
the
lowest
bid
and
the
second
lowest
bid,
and
the
surplus,
if any,
shall
be
returned
to
the
lowest
bidder.
If the
City
Council
rejects
all
bids
presented,
due
to
the
failure
of
the
successful
bidder
to
execute
the
contract,
and
readvertises,
the
amount
of
the
lowest
bidder's
security
may
be
used
to
offset
the
cost
of
receiving
new
bids
and
the
surplus,
if any,
shall
be
returned
to
the
lowest
bidder.
D.
Sealed
bids
together
with
bidder's
security
shall
be
submitted
to
the
Director
of
Finance
or
designee
. The
bid
shall
be
so
identified
on
the
envelope.
Bids
shall
be
opened
in
public
at
the
date,
time
and
place
stated
in
the
public
notices
inviting
the
bids.
Any
bid
received
after
the
scheduled
time
of
the
bid
opening
shall
be
returned
to
the
bidder
unopened.
A
tabulation
of
all
bids
received
shall
be
available
for
public
inspection
during
regular
business
hours
for
a
period
of
not
less
than
30 calendar
days
after
the
bid
opening.
E. At
its
sole
discretion,
the
City
Council
may
reject
any
and
all
bids
presented
and
readvertise
for
bids
pursuant
to
the
procedure
prescribed
above.
In
the
event
no
bids
are
received
or
all
bids
are
rejected,
the
City
Council
may,
in
accordance
with
Public
Contracts
Code
Section
20167,
and
any
amendments
thereto,
direct
the
Director
of
Finance
or
designee
to
proceed
pursuant
to
paragraphs
relating
to
open
market
procedure
or
competitive
negotiations.
F.
If
two
or
more
bids
received
are
for
the
same
total
amount
or
unit
price,
quality
and
service
being
equal,
the
City
Council
may
at
its
discretion
accept
the
bid
it
chooses
with
or
without
further
negotiations
with
the
tie
bidders
.
September 16, 2025, Item #3
Ordinance No.876
G. The City shall have authority to require performance and labor and materials security before entering a contract in such amount as it finds reasonably necessary to protect the best interests of the City. If the City requires security, the form and the amount of the security shall be described in the notice inviting bids. The notice inviting bids may provide that security may be posted in the form of a surety bond, a letter of credit drawn on an institution located in San Diego County and approved by the City Attorney, or a cash deposit.
SECTION 4: 3.28.080 of the PMC is hereby amended to add a new subdivision (I}, to read as follows:
I. The City will be fully reimbursed by a third party for the costs of supplies, services or equipment.
SECTION 5: 3.28.080 of the PMC is hereby amended as follows, with additions in underline, and deletions in strikethrough:
H. The value of the supplies, services or equipment to be purchased does not exceed $420,000.
SECTION 6: 3.28.100 of the PMC is hereby amended as follows, with additions in underline, and deletions in strikethrough:
3.28.100 Professional services.
The selection of a firm for professional services will be made by qualification-based selection. In order to implement this method of selection when contracting for architectural, professional engineering, land surveying, construction management and other professional services, the City must be sure that selection is made on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices. Whenever possible, at least three proposals shall be required for the professional services needed. The requirement for multiple proposals may be waived if only one firm or individual can provide the service, or if the City is being fully reimbursed by a third party, in which case this Section does not apply. It is the policy of the City to give prime consideration to consultants and other professionals whose offices are located within the City of Poway, but the final selection shall still be made based on demonstrated competence and professional qualifications first and agreed-upon financial agreement second.
SECTION 7: Section 3.28.120 of the PMC is hereby amended as follows, with additions in underline, and deletions in strikethrough:
5 of 7
3.28.120. Award and execution of contracts.
Except in emergency situations or where the City is being fully reimbursed by a third party, all contracts for supplies, services and equipment and all public works projects shall be awarded by the City Council if they meet or exceed the greater of the following in a-A-estimated amount ef $.1.Qe0,000 or moreJ. or the amount established by Public Contract Code Section 22032(a). and public 11✓orks projects in an estimated amount of $60,000 or September 16, 2025, Item #3
Ordinance No.876
more shall be awarded by the City Council. Contracts for supplies, services, equipment and public projects pursuant to the processes set forth in PMC 3.28.150 in an amount less than $1Qe0,000, or the amount established by Public Contracts Code Section 22032(a), whichever is greater, shall be executed by the City Manager or the City Manager's designee. No contract shall be approved by the City Council or City Manager unless the expenditure is consistent with the City's adopted budget.
SECTION 8: The City Council finds that this Ordinance is not a "project" pursuant to the California Environmental Quality Act ("CEQA").
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 Councilmembers 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.
6 of 7
II
II
II
II
II
II
II
II
II
II
II
September 16, 2025, Item #3
Ordinance No.876
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 19th day of August, 2025, and thereafter.
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 16th day of September, 2025, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
7 of7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
CITY COUNCIL
September 16, 2025
Honorable Mayor and Members of the City Council
Jodene Dunphy, Director of Human Resources and Risk Management 4(}-A II"'" Brian Mitchell, Fire Chief � ✓P
Brian Mitchell, Fire Chief
(858) 668-4462 or [email protected]
Jodene Dunphy, Director of Human Resources and Risk Management (858) 668-4413 or [email protected]
Addition of Emergency Preparedness Program Manager Classification to the City of Poway Position Classification Plan and Management/Confidential Salary Schedule The role of the current Senior Management Analyst in the Fire Department, which includes disaster preparedness duties, has expanded and become more complex in the level of responsibilities. Staff requests to add a new classification title of Emergency Preparedness Program Manager to the City's Position Classification Plan and Management/Confidential Salary schedule so the Senior Management Analyst may be reclassified to an appropriate level reflecting actual duties being performed. No new Full Time Equivalent (FTE) positions are being requested.
Recommended Action:
It is recommended the City Council adopt the attached Resolution adding the new classification of Emergency Preparedness Program Manager to both the City of Poway Position Classification Plan and Management/Confidential Salary Schedule.
Discussion:
The responsibilities, scope, and complexities of the Senior Management Analyst in the Fire Department have expanded significantly beyond the current job description. The position performs traditional Senior Management Analyst duties, such as budget preparation and monitoring, writing staff reports, and assisting and researching grants, in addition to performing duties as the Disaster Preparedness Coordinator. Over the last several years, responsibilities in the area of disaster preparedness have grown to a level beyond the current job description as the position is currently the City's lead for developing, implementing and coordinating a comprehensive emergency management and disaster preparedness program, which includes fire mitigation. The position has also taken on 1 of6
September 16, 2025, Item #4
September 16, 2025, Item #4
the responsibilities of: 1) difficult and complex planning for emergency response support and recovery; 2) coordinating disaster response and recovery operations; 3) developing and delivering public education programs for the community on a variety of disaster preparedness topics; 4) developing and delivering training and exercise programs for the Poway organization, public, and volunteers; and 5) preparing high-level technical records, plans, reports and information for management. The current Senior Management Analyst has also established relationships and working partnerships with local, state, and federal agencies, as well as community groups and other organizations, in an effort to ensure effective emergency management while representing the City at regional meetings. The position has moved from a disaster preparedness support role to a lead role in the fire department on emergency preparedness, education, response, mitigation and recovery.
Reclassifying this position and creating a new job description to Emergency Preparedness Program Manager will better reflect the current duties performed, align compensation and responsibilities with market standards, create a level of accountability and consequence of error appropriate for the duties and exposure being performed by the position, and help retain staff in this critical position. The Emergency Preparedness Program Manager position will retain all responsibilities and duties of the Department's Senior Management Analyst as well as duties performed at the Program Manager level.
Environmental Review:
This action is not subject to review under the California Environmental Act (CEQA).
Fiscal Impact:
The estimated cost increase for salary and benefits in Fiscal Year 2025-26 of establishing the new classification of Emergency Preparedness Program Manager and reclassifying the Senior Management Analyst to the new classification is estimated at $18,300. Sufficient funds are available in the Fire Department budget in the current fiscal year.
Public Notification:
None.
Attachments:
A. Resolution
Reviewed/Approved By:
Assistant City Manager
2 of6
Reviewed By:
Alan Fenstermacher
City Attorney
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CHANGES TO THE CITY
OF POWAY POSITION CLASSIFICATION PLAN AND THE CITY
OF POWAY MANAGEMENT/CONFIDENTIAL SALARY
SCHEDULE
WHEREAS, the City of Poway is committed to minimizing risks and ensuring safety for the community by prioritizing and enhancing emergency preparedness, planning, and mitigation; WHEREAS, a new position classification of Emergency Preparedness Program Manager has been identified as the appropriate level to perform emergency preparedness program duties in the Administration Division of the Fire Department;
WHEREAS, the new classification will appropriately reflect the duties of an already existing full -time equivalent (FTE) position with the responsibility of enhancing community resilience and improving readiness of the organization and Poway community for v arious emergency situations;
WHEREAS, the City Council must approve new classifications added to the City of Poway Position Classification Plan and changes to the Salary Schedules, and the new classification specifications are on file in the Human Resources and Risk Management Department and available on the City’s website after approval by the Council; and WHEREAS, the City Council approves the personnel changes reflected in the City of Poway Position Classification Plan, attached hereto as “Exhibit A” and the City of Poway Management/Confidential Salary Schedule attached hereto as “Exhibit B.” NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway that the following personnel changes are authorized effective September 16, 2025:
SECTION 1: Creation of Emergency Preparedness Program Manager classification added to the City of Poway Position Classification Plan.
SECTION 2: Addition of the Emergency Preparedness Program Manager salary to the Management/Confidential Salary Schedule at Grade 670 with a monthly salary range of $9,921 - $12,060.
//
//
//
//
//
//
3 of 6
September 16, 2025, Item #4
ATTACHMENT A
Resolution No. 25-
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 16th day of September, 2025 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
______________________________
Steve
Vaus, M
ayor
ATTEST:
____________________________________
Carri
e Gall
agher, CMC, City Clerk
4 of 6
September 16, 2025, Item #4
City of Poway
Position Classification Plan
Classification Classification Classification
Accountant Engineering Inspector Recreation Leader II
Accounting Technician II Engineering Technician I Revenue and Operations Manager Administrative Assistant I Engineering Technician II Revenue and Operations Supervisor Administrative Assistant II Equipment Mechanic SCADA, Electrical, Implementation and Controls Supervisor Administrative Assistant III Executive Assistant to the City Manager Senior Accountant Aquatics Coordinator Facilities Maintenance and Special Districts Supervisor Senior Accounting Technician Assistant City Manager Facilities Maintenance Technician I Senior Administrative Assistant Assistant Director of Finance Operations Facilities Maintenance Technician II Senior Administrative Assistant - Confidential Assistant Director of Public Works for Maintenance Operation Finance Manager Senior Civil Engineer Assistant Director of Public Works for Utilities Fire Battalion Chief Senior Code Compliance Officer Assistant Engineer Fire Captain/Paramedic Senior Dock Attendant Assistant Planner Fire Chief Senior Equipment Mechanic
Associate Civil Engineer Fire Engineer/Paramedic Senior Facilities Maintenance Technician Associate Engineer Fire Inspector Senior Fire Inspector Associate Planner Firefighter/Paramedic Senior Human Resources Analyst Box Office Attendant Fleet Maintenance Supervisor Senior Lifeguard Box Office Coordinator Front of House Assistant Senior Management Analyst Capital Projects Manager Front of House Coordinator Senior Park Ranger City Clerk GIS Administrator Senior Planner
City Engineer General Maintenance Worker Senior Utility Systems Mechanic City Manager Human Resources Technician I Senior Electrical, Instrumentation, and Controls Technician City Planner Human Resources Technician II Special Projects Engineer Code Compliance Officer Information Technology Analyst Stage Technician Community Outreach Coordinator Intern Stormwater Maintenance and Construction Worker I Construction Maintenance Crew Leader Interpretive Park Ranger Stormwater Maintenance and Construction Worker II Construction Maintenance Supervisor Lead Customer Services Field Worker Technical Theater Coordinator Construction Maintenance Worker I Lead Engineering Inspector Utilities Administrator Construction Maintenance Worker II Lifeguard Utility Systems Mechanic Contract Specialist/Inspector Management Analyst Utility Systems Mechanic Crew Leader Cross-Connection Specialist Management Assistant Utility Systems Supervisor Customer Services Field Worker Network and Computer Systems Administrator Warehouse Associate Customer Services Specialist Network and Computer Systems Analyst Wastewater Utilities Crew Leader Customer Services Technician I Park Attendant Wastewater Utilities Supervisor Customer Services Technician II Park Ranger Wastewater Utilities Worker I Deputy City Clerk Parks and Trails Area Manager Wastewater Utilities Worker II Deputy Fire Chief Parks Maintenance Crew Leader Water Treatment Plant Lead Operator Deputy Fire Marshal Parks Maintenance Supervisor Water Treatment Plant Manager Development Services Technician Parks Maintenance Worker I Water Treatment Plant Operator I Director of Community Services Parks Maintenance Worker II Water Treatment Plant Operator II Director of Development Services Payroll Analyst Water Treatment Plant Operator III Director of Finance Principal Civil Engineer Water Utilities Crew Leader Director of Human Resources and Risk Management Principal Civil Engineer - Utilities Water Utilities Distribution Supervisor Director of Public Works Public Works Operations Manager Water Utilities Worker I Dock Attendant Recreation Area Manager Water Utilities Worker II Electrical, Instrumentation, and Controls Technician Recreation Coordinator Emergency Preparedness Program Manager Recreation Specialist - Gym Revised September 16, 2025
Exhibit A
Resolution No. 25-
5 of 6
September 16, 2025, Item #4
Approx. Monthly
Salary Range
28,473
Group 1 Exempt At-Will Min - Max Min
15,597 - 21,835 89.9833
14,854 - 20,795 85.6987
14,854 - 20,795 85.6987
14,854 - 20,795 85.6987
14,854 - 20,795 85.6987
14,854 - 20,795 85.6987
14,854 - 20,795 85.6987
Classification Title Grade Approx. Monthly
Salary Range
Step 1 Step 2 Step 3 Step 4 Step 5
Assistant Director of Public Works for Utilities 870 16,258 - 19762 93.7963 98.4861 103.4104 108.5809 114.0099 Assistant Director of Public Works for Maintenance Operations 760 12,391 - 15,061 71.4863 75.0606 78.8137 82.7544 86.8922 Assistant Director of Finance Operations 760 12,391 - 15,061 71.4863 75.0606 78.8137 82.7544 86.8922 Capital Projects Manager 720 11,226 - 13,645 64.7631 68.0014 71.4014 74.9714 78.7200 City Clerk 740 11,794 - 14,336 68.0418 71.4438 75.0160 78.7668 82.7051 City Engineer 800 13,677 - 16,625 78.9076 82.8530 86.9957 91.3455 95.9127 City Planner 760 12,391 - 15,061 71.4863 75.0606 78.8137 82.7544 86.8922 Deputy Fire Chief 850 15,475 - 18,810 89.2767 93.7405 98.4275 103.3489 108.5165 Deputy Fire Marshal 620 8,770 - 10,660 50.5929 53.1225 55.7785 58.5675 61.4959 Finance Manager 720 11,226 - 13,645 64.7631 68.0014 71.4014 74.9714 78.7200 Fire Battalion Chief (not at-will/2912 hrs/yr) 630 12,584 - 15,296 51.8576 54.4506 57.1730 60.0317 63.0334 Parks and Trails Area Manager 620 8,770 - 10,660 50.5929 53.1225 55.7785 58.5675 61.4959 Principal Civil Engineer 750 12,089 - 14,694 69.7428 73.2299 76.8914 80.7360 84.7728 Principal Civil Engineer - Utilities 771 12,924 - 15,710 74.5656 78.2938 82.2087 86.3190 90.6350 Public Works Operations Manager 681 10,259 - 12,470 59.1818 62.1409 65.2479 68.5103 71.9400 Recreation Area Manager 590 8,143 - 9,898 46.9804 49.3295 51.7960 54.3858 57.1050 Revenue and Operations Manager 731 11,613 - 14,117 66.9961 70.3456 73.8630 77.5562 81.4443 Water Treatment Plant Manager 750 12,089 - 14,694 69.7428 73.2299 76.8914 80.7360 84.7728 Accountant 520 6,850 - 8,327 39.5231 41.4995 43.5748 45.7525 48.0397 Associate Civil Engineer 640 9,214 - 11,199 53.1540 55.8119 58.6024 61.5326 64.6091 Associate Engineer 630 8,989 - 10,926 51.8576 54.4506 57.1730 60.0317 63.0334 Associate Planner 550 7,377 - 8,967 42.5621 44.6905 46.9253 49.2704 51.7336 Community Outreach Coordinator 601 8,404 - 10,215 48.4859 50.9081 53.4545 56.1263 58.9342 Deputy City Clerk 571 7,805 - 9,486 45.0240 47.2731 49.6379 52.1190 54.7261 Emergency Preparedness Program Manager 670 9,921 - 12,060 57.2412 60.1033 63.1085 66.2638 69.5770 GIS Administrator 610 8,555 - 10,399 49.3588 51.8268 54.4181 57.1390 59.9961 Information Technology Analyst 580 7,944 - 9,657 45.8346 48.1263 50.5326 53.0592 55.7122 Management Analyst 531 7,071 - 8,594 40.7895 42.8271 44.9694 47.2172 49.5792 Network and Computer Systems Analyst 550 7,377 - 8,967 42.5621 44.6905 46.9253 49.2704 51.7336 Network and Computer Systems Administrator 631 9,050 - 11,001 52.2140 54.8225 57.5646 60.4420 63.4656 Payroll Analyst 520 6,850 - 8,327 39.5231 41.4995 43.5748 45.7525 48.0397 Revenue and Operations Supervisor 631 9,050 - 11,001 52.2140 54.8225 57.5646 60.4420 63.4656 Senior Accountant 590 8,143 - 9,898 46.9804 49.3295 51.7960 54.3858 57.1050 Senior Civil Engineer 720 11,226 - 13,645 64.7631 68.0014 71.4014 74.9714 78.7200 Senior Code Compliance Officer 510 6,683 - 8,124 38.5590 40.4872 42.5115 44.6370 46.8689 Senior Fire Safety Inspector 541 7,247 - 8,808 41.8091 43.8978 46.0936 48.3977 50.8186 Senior Human Resources Analyst 640 9,214 - 11,199 53.1540 55.8119 58.6024 61.5326 64.6091 Senior Management Analyst 610 8,555 - 10,399 49.3588 51.8268 54.4181 57.1390 59.9961 Senior Planner 631 9,050 - 11,001 52.2140 54.8225 57.5646 60.4420 63.4656 Special Projects Engineer 610 8,555 - 10,399 49.3588 51.8268 54.4181 57.1390 59.9961 Utilities Administrator 670 9,921 - 12,060 57.2412 60.1033 63.1085 66.2638 69.5770 Water Utilities Distribution Supervisor 680 10,170 - 12,362 58.6722 61.6058 64.6861 67.9204 71.3164 Assistant Engineer 571 7,805 - 9,486 45.0240 47.2731 49.6379 52.1190 54.7261 Assistant Planner 491 6,405 - 7,786 36.9532 38.7992 40.7402 42.7765 44.9163 Code Compliance Officer 461 5,949 - 7,229 34.3147 36.0290 37.8313 39.7222 41.7092 Construction Maintenance Supervisor 531 7,071 - 8,594 40.7895 42.8271 44.9694 47.2172 49.5792 Facilities Maintenance and Special Districts Supervisor 540 7,198 - 8,749 41.5239 43.6001 45.7801 48.0691 50.4726 Fire Safety Inspector 520 6,850 - 8,327 39.5231 41.4995 43.5748 45.7525 48.0397 Fleet Maintenance Supervisor 590 8,143 - 9,899 46.9804 49.3295 51.7960 54.3858 57.1050 Management Assistant 491 6,405 - 7,786 36.9532 38.7992 40.7402 42.7765 44.9163 Parks Maintenance Supervisor 520 6,850 - 8,327 39.5231 41.4995 43.5748 45.7525 48.0397 SCADA, Electrical, and Instrumentation Controls Supervisor 720 11,226 - 13,645 64.7631 68.0014 71.4014 74.9714 78.7200 Senior Accounting Technician 460 5,907 - 7,180 34.0805 35.7847 37.5745 39.4521 41.4245 Utility Systems Supervisor 670 9,921 - 12,060 57.2412 60.1033 63.1085 66.2638 69.5770 Wastewater Utilities Supervisor 680 10,170 - 12,362 58.6722 61.6058 64.6861 67.9204 71.3164 Accounting Technician II 380 4,849 - 5,894 27.9714 29.3703 30.8391 32.3801 33.9991 Executive Assistant to the City Manager 500 6,521 - 7,925 37.6187 39.4996 41.4745 43.5482 45.7256 Human Resources Technician I 412 5,257 - 6,390 30.3291 31.8443 33.4373 35.1085 36.8649 Human Resources Technician II 451 5,802 - 7,053 33.4778 35.1502 36.9086 38.7533 40.6918 Senior Administrative Assistant - Confidential 430 5,485 - 6,668 31.6471 33.2298 34.8916 36.6352 38.4666 Group 4 Non-Exempt
Director of Finance 119.9777
Director of Human Resources & Risk Management 119.9777 Director of Public Works 119.9777
Fire Chief 119.9777
Group 2A Exempt At-Will
Group 2B Exempt
Group 3 Non-Exempt
City of Poway
Management / Confidential Salary Schedule
Director of Development Services 119.9777
Effective September 16, 2025
Classification Title Hourly
City Manager
Max
Assistant City Manager 125.9765
Director of Community Services 119.9777
Revised September 16, 2025
Exhibit B
Resolution No. 25-
I I
I I I I I I I
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September 16, 2025, Item #4
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
September 16, 2025
Honorable Mayor and Members of the City Council
Craig Schmollinger, Director of Finance�
Brad Rosen, Assistant Director of Finance Operations ·viJ - (858) 668-4452 or [email protected] rr-
CITY COUNCIL
Award of Contract to Savant Solutions for Managed Detection and Response (MDR) Security Services Provider
The City has implemented a cybersecurity program to reduce the possibility of unauthorized access to the City's secured electronically stored information by external entities. The City contracted for Managed Security Services in 2020 and that agreement expires on October 14, 2025. The current solution used by the City has proven effective in monitoring, alerting and remediating cyber threats and staff is recommending to continue to utilize the same provider. The City is recommending selection of Savant Solutions to provide Arctic Wolf Managed Detection and Response (MDR) and Managed Risk security services purchased under National Association of State Procurement Officials (NASPO) cooperative purchasing agreement (NASPO Contract# 7017070-40-05). The services include real-time monitoring of the City's network, servers, computers and Microsoft 365 environment, incident response and risk management capabilities. The initial contract will be for a period of three years with the ability to extend the agreement by two additional one-year agreements.
Recommended Action:
It is recommended the City Council award the cybersecurity monitoring contract to Savant Solutions and authorize the City Manager to execute the necessary documents.
Discussion:
Cybersecurity is a broad term that includes everything from intrusion detection to staff training and has become increasingly important for every business that houses data and/or controls or maintains critical infrastructure. Cybersecurity standards enable organizations to practice safe security techniques to stop cybersecurity attacks.
The City first utilized an outside vendor for cybersecurity monitoring in 2017. At that time, security services were focused more on monitoring, logging, scanning and reporting and providing information to the City to remediate any issues found. The current solution utilized by the City and recommended for this agreement, follows an MDR model. MDR not only provides the same services 1 of 17 September 16, 2025, Item #5
September 16, 2025, Item #5
as before but takes it a step further allowlng the service provider to block suspicious behavior and quarantine effected devices. This technology provides for much faster response as it is performed by the service provider as soon as a threat is detected.
The Savant Solutions proposal includes the continued use of the Arctic Wolf MDR and Managed Risk services. Arctic Wolf is a leading cyber security service provider and is recognized by industry analysts such as Gartner and Forrester as one of the top vendors for providing next generation cybersecurity services. One of the biggest benefits to the Savant/Arctic Wolf solution is their ability to manage both servers and end user devices with their on-premise sensors and client software. Arctic Wolf also provides a hlghly certified concierge security team that acts as an extension of the IT staff who work together with the City on threat and vulnerability management.
The Savant Solutions/Arctic Wolf offering will provide the following services:
• Managed detection and response services on City network and devices • Managed Risk and Vulnerability scanning
• Cloud monitoring of Microsoft 365 environment
• Virtual Private Network (VPN) monitoring
• Log Collection, Monitoring and Analysis
• Incident Response Retainer
• Security Operations Warranty of $1,000,000
• Concierge Security Team
The services listed above will provide the City with a security services solution to ensure the City's cyber defense layers are monitored for attacks or malicious activity to protect the City's critical IT assets and data from such activities. Acquiring these services also helps the City align its security processes and procedures With the National Institute of Standards and Technology (NIST) best practices for managing risk outlined in the NIST Cybersecurity Framework.
The first year's annual cost based on current hardware and user licensing is $61,318.30 and the agreement provides for a 3% annual increase. With no changes to licensing, year cwo cost will be $63,157.85 and year three cost will be $65,052.59. It is expected that wlth the planned migration of several applications to the cloud, the server licensing count will decrease over the next couple of years.
The agreement provides for adjustments to server licensing counts during the annual renewal which Will reduce the year two and three costs as only the licenses needed will be procured. The agreement will be purchased under the National Association of State Procurement Officials (NASPO) cooperative purchasing agreement (NASPO Contract # 7017070-40-05). All agreements offered through NASPO Cooperative Purchasing Program have been awarded via a Request for Bid (RFB) competitive solicitation program by a public agency/government entity (e.g., state, city, county, public university, or school district). Section 3.28.11 O 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. The total three-year contract cost Is not to exceed $189,529.74 and is budgeted annually in the Information Technology Division operations and maintenance budget.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA). 2 of 17
September 16, 2025, Item #5
Fiscal Impact:
Sufficient funds are available in the Fiscal Year 2025-26 Information Technology Division budget (113010-41200) for award of this contract. Subsequent years for this service agreement will be requested in the Information Technology Division operations and maintenance budget.
Public Notification:
None.
Attachments:
A. Standard Agreement for Services wifh Savant Solutions Reviewed/Approved By:
We~ Kaserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chr~
City Manager
September 16, 2025, Item #5
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 14th day of October, 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and Savant Solutions {hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform Managed Detection and Response (MOR) and Managed Risk cybersecurity services and WHEREAS, Consultant is an information technology security consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A'' entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled ''Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 4 of 17 1
ATTACHMENT A
September 16, 2025, Item #5
5. Confidential Relationship.
City may from time· to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
and expense.
7. Consultant shall provide its own office space and clerical support at its sole cost Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 5 of17 2
September 16, 2025, Item #5
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B} Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
1:8:l 1. ConsultanUContractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. ConsultanUContractor will be "making a government decision· or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 6 of 17 3
September 16, 2025, Item #5
years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession.
Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of1his Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims1 actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees.
(b) For Claims alleged to arise from Consultant's negligent performance of professional services. lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnltees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors. sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
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September 16, 2025, Item #5
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers.
(d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 1 S(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant:
(a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or Its employees in connection with Consultant's performance its obligations under tbis Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 8 of 17 5
September 16, 2025, Item #5
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A'' entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law. Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit ''A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otheiwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees.
Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as ;oit," ;'Consultant'' shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 9 of 17 6
September 16, 2025, Item #5
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)
10 of 17 7
September 16, 2025, Item #5
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By: __________ _
Chris Hazeltine. Oily Manager
Date: -----------
ATTEST:
Carrie Gallaher, City Clerk
APP~OVED AS TO FORM:
By:-------------
Alan Fenstermacher, City Attorney
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SAVANT SOLUTIONS
8 By: __________ _
Caleb Kwong, CEO
Date: ___________ _
September 16, 2025, Item #5
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the Managed Detection and Reponses and Managed Risk cyber security services further described in the Scope of Services submitted with the quote dated August 19, 2025, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
8. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the quote dated August 19, 2025, which is included in this document as Attachment 1. Total fee is not to exceed $61,318.30 for year one, $63,157.85 for year two and $65,052.59 for year three for a total contract amount of $189,529.74. Server license counts may be reduced in year 2 and year 3 of the Committed Term by no more than fifteen percent (15%) of the then currently licensed server license counts upon written notice (email sufficient) to Arctic Wolf 60 days' prior to the first and second anniversary of the subscription start date.
Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
C. Term of Agreement.
This Agreement shall be effective from the period commencing October 14, 2025, and ending October 13, 2028, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one~ year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
0. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
12 of 17 1
September 16, 2025, Item #5
(b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) 11 City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project cind 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 ot in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates;
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Consultant:
13 of 17 2
City of Poway
P.O. Box 789
Poway, CA 92074
Savant Solutions
1 030 G Street
Sacramento, CA 95814
September 16, 2025, Item #5
ATTACHMENT 1
(1
Quote# BR-081325-2
SAVANT SOLUTIONS
HTo
1030 G SI.
Sacramento, CA 95814
(916) 836-11182
'H>lc,@S3YilnJSOhUI011S Ott
City of Powoy
Attn: Ac;c;ounts Payoble
13325 Civic Center Or.
Pow3y, CA 92064
Phone: (858) 668-445,
\/cu• T1 usled IT Ad111sor
.... .... ,. .. OnCIIIDDOII
Oa1e:
Terms:
FOB:
Volld for.
Shipping:
Ship To
CltyolPowoy
Attn: Brad Rosen
13325 Civic Center Dr.
Poway, CA 92064
Phone: (858) 668-4452
OJw
1 AW-MDR·USER Arctic Woll Plus User License-Gold 341
2 AW-MDR·SE Arctic Woll Plus Scrw Llcen~e • Gold 67
3 AW-MDR•1Y Arctic Woll MOR log Retontlon • 1 year I
4 AW•MDR·2XX-S Arctic Woll 200 Serles SensDt' 2
S AW-MOR-0865 Arctic Woll MDR Orficc 365 user license 362 6 AW•IR✓SR•B Arctic Woll lR JLJmpSlart RotalnlS' 1
7 AW-l'LATFORM·8ASE Arctic Woll Plntlorm • Bue Platform 1 8 AW-SOW-lM Arctic Woll Security Operations Warranty· S1 M (Enrollment Required) 1 S1ar1 Date: 10/14/2025-End Date: 10/13/2026
3-Yeor Tcm, Paid Annually· J.O'I\ Annuol Increase
Year 2: $63,157.85
Yeor 3: $65,052.59
NASPO Contract Numbor: 7°17°70-40-05
NASPO Master ContraCI Number: AR2472
Sublotnl:
NASPO Controcl Number. 7-17-70-40-05
NASPO Moster Contract Number. AR2472
Siert D"c: 10/14/2025 • End Dsto; 10/13/2026 Paid Annually one 3-Year (36 Months) Torm• •Tho Not Total price for each Item In tho table obove will lncrouo by 3.0% on (I) tho onnuol annlvorsory or tho Sub,crlption Slort 0010 or (II) 1he end of any propald, In full mu111.,-,ar committed Torm (the 'lncraose'). Ther~oher. pricing for any subsequen1 rnnawalo Is M soi fonh In the Agreemenl."ArClic Wolf's delivery of the products. ,ervlcoo, and Solu1lons described herein are governed by lhe applicable Agreement located at hMps://arctk:'woll.com/terms (or such other agreement executed by Arctic Wolf and tho end user). The teuns or thl~ Order Form oro Confldcntlol lnformaUon and may not bo dlsclosod oxcopt o: otharwl,e provided In tho applicable Agreement The Subscrlptloii Term under this Order Form Is for a thirty-six (36) month period (tho "Committed Term') as set lonh above, beginning on the Subscription Start Date set forth In the table above (lhe "Table"), The Subscription set forth herein relleCls the Fees peyeble during the nr,t twelve (12) months or the Commlued Term.
Fees for the remaining two (2) years ol the Committed Term are subject 'lo the lncroaso and payable In accordanco wllh tho tormc sot forth heroin. In the event a purchase order rcOoctlng a onl)-ycar Subaorlptlon Torm is issued. a sub3eq"'an~ Order Form may be issuod upon request tu1d for administrative purposes only, for the remaining two annual periods or the Committed Term, Acoeplance or thl• Order Form Is a legal obligation for • three (3) yeer Committed Term.'
Additlonol Terms Notwllhslandlng anything cowary herein or the Agrcomon~ server liconse counts may bo reduced In year 2 and yoer 3 of the Committed Term by no more than flfteon percent (i 5'11) of tho !hon- cur,enlly licensed server licenses counts upon written notice (email sulflclen\) to Arcllc Woll 60 dAys' prtor tc the llr•t and second anniversary of the Subscrlptlon Start Date.
Tax:
Credit
Shipping:
Tolel:
Thank you for giving Savant Soll.ltlons the opportunity to support you! Each order helps supports a non-proflt In need.
www.savan1so1u11ons.ae1
14 of 17
9/19/25
NET30
oe,tlnaUon
60 dffya
NA
'-""" llilcLPrlCII
$116.00 $39,556.00
$116.00 s1.n2.oo
$2,140.00 $2,140.00
$1,950.00 $3,900.00
$8.15 $2,950.30
$3,125.00 $3,125.00
$1,875.00 $1,875.00
S0,00 so.oo
$61,318.30
$0.00
$0.00
$0.00
$61.318.30
September 16, 2025, Item #5
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deerillg's California Codes A1111otated > GOVERNMENT CODE> Title I General> Division 7 Miscellaneous> Chapter 21 Public Pensio11 and Retirement Plans> Article 4 Califomia Public Employees' Pe11sio11 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 1"etirement 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 I imited 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)
15 of 17
(!)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 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.
September 16, 2025, Item #5
City of Poway Managed Security Services Provider RFP
(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. (t)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:
(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, fot 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 occlir. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the depattment an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The reti(ee 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 Januaty I, 20 I 3, or has been included in subsequent agreements. (4)The retiree is a public safety officer or firefighter hired to perfonn a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retiren1ent 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.
4 16 of 17
September 16, 2025, Item #5
City of Poway Managed Security Services Provider RFP
(h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the conve11ed position, and the employer is a trial cou1t, 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 (oh 528 prevails); ch 76 § 75 (AB 383), effective January I, 2013; Stats 2014 ch 238 € 1 (AB 2476), effective January I, 2015.
Annotations
Notes
Amendments:
Note-
Amendments:
2013 Amendment:
Substituted (I) "have passed" for "has passed'' in the first sentence of subds (f)(l) and (f)(2); (2) ''or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter'' for "of firefighter'' in subd (f)(4); and (3) "Judges' Retirement System'' for "Judges' Retirement System I" in subd (i).
5 17 of 17
September 16, 2025, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
September 16, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services(f
Douglas Nguyen, Assistant Engineer
(858) 668-4605 or [email protected]
CITY COUNCIL
Approval of Consultant Agreement with TKE Engineering, Inc., for the Water Treatment Plant Chemical Tank Replacement Project; RFP No. 25-011 This Consultant Agreement will provide design services for the Water Treatment Plant Chemical Tank Replacement project.
Recommended Action:
It is recommended the City Council approve the Consultant Agreement (Attachment A) with TKE Engineering, Inc. in the amount of $238,700.00 for design services for the Water Treatment Plant Chemical Tank Replacement project and authorize the City Manager to execute the necessary documents.
Discussion:
The City of Poway owns and operates the Lester J. Berglund Water Treatment Plant, which was originally constructed in 1970 and has undergone several major improvements to expand capacity and extend service life. Several of the treatment plant tanks, originally installed in the mid-1990s and early 201 Os, are now approaching the end of their service life and require replacement to maintain safe and reliable water treatment operations.
The Chemical Tank Farm is a critical component of the treatment process housing tanks that store aluminum sulfate, polymer and sodium permanganate used for coagulation, filtration and disinfection support. Specifically, the project will address replacement of two aluminum sulfate tanks, one polymer tank and one sodium permanganate tank, along with associated piping, valves, appurtenances and necessary site improvements. Additional scope includes addressing secondary containment requirements and performing a seismic investigation to ensure compliance with current structural standards.
In March 2025, staff issued a Request for Proposal (RFP) for engineering design services to prepare plans, specifications, and estimates for the Water Treatment Plant Chemical Tank Replacement 1 of 21
September 16, 2025, Item #6
Project.
The
initial
solicitation
did
not
yield
any
responsive
proposals.
Following
consultation
with
Public
Works
and
Water
Treatment
Plant
staff,
three
qualified
consultant
firms
were
directly
solicited.
Two
of
the
firms
did
not
submit
responsive
or
complete
proposals
. The
third
firm,
TKE
Engineering,
Inc.,
submitted
a
responsive
and
qualified
proposal
for
the
project.
Based
on
a
review
of
comparable
municipal
RFPs
for
similar
chemical
tank
replacement
projects,
the
price
submitted
by
TKE
Engineering,
Inc.
falls
within
the
typical
range
for
projects
of
this
scope.
Approval
of
this
Agreement
will
provide
professional
design
services
for
the
Chemical
Tank
Replacement
Project,
including
design
survey,
preparation
of
a
preliminary
design
technical
memorandum
and
development
of
construction
bid
documents.
Completion
of
this
design
effort
will
allow
the
City
to
proceed
with
the
phased
replacement
of
these
critical
facilities.
Environmental
Review:
The
proposed
replacement
of
existing
Chemical
Tanks
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA)
as
a Class
2 Categorical
Exemption,
pursuant
to
Section
15302(c)
of
the
CEQA
Guidelines,
in
that
the
project
involves
maintenance
of
an
existing
system
with
no
expansion
of
use.
Fiscal
Impact:
There
is
sufficient
funding
totaling
$475,000,00
available
in
the
Chemical
Tank
Replacement
account
(WT043)
for
the
design
contract.
The
City
proactively
plans
for
key
water
infrastructure
repair
and
replacement
projects
as
part
of
the
annual
budget
process.
Public
Notification:
None. Attachments: A.
Consultant
Agreement
Reviewed/Approved
By:
~
Ka
~
Assistant
City
Manager
2 of
21 Reviewed
By:
Alan
Fenstermacher
City
Attorney
App
~
v.,e~d
Bh
™)
Ch
risHazeltine
City
Manager
September 16, 2025, Item #6
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 17th day of September, 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and TKE ENGINEERING, INC., (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform the Water Treatment Plant Chemical Tank Replacement Project; WHEREAS, Consultant is a civil engineering and construction management consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement.
This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City.
Termination for cause shall be effected by delivery of written notice of termination to Consultant.
Such termination shall be effective upon delivery of said notice. 1 3 of 21 ATTACHMENT A
September 16, 2025, Item #6
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services.
The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103.
Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 2 4 of 21
September 16, 2025, Item #6
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
[g] 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Julie Procopio, Director of Development Services
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 3 5 of 21
September 16, 2025, Item #6
(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
4 6 of 21
September 16, 2025, Item #6
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 5 7 of 21
September 16, 2025, Item #6
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration.
Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of Cal PERS while providing services to City. 6 8 of 21
September 16, 2025, Item #6
Contractor
further
provides
that
in
the
event
Contractor
assigns
a
retired
annuitant
receiving
a
pension
benefit
from
CalPERS
to
perform
services
for
City,
the
retired
annuitant
is
in
full
compliance
with
Government
Code
section
7522.56.
A
copy
of
Government
Code
section
7522.56
is
attached
hereto
as
Exhibit
"B."
Further,
Contractor
hereby
fully
and
unconditionally
indemnifies
City
from
all
penalties,
fees,
employer
and
employee
contributions,
or
any
other
assessments
imposed
by
CalPERS
in
the
event
CalPERS
determines
the
person
assigned
by
Contractor
to
provide
services
to
City
has
been
misclassified
.
25. Severability.
If
any
provision
of
this
Agreement
is
determined
by
any
court
of
competent
jurisdiction
or
arbitrator
to
be
invalid,
illegal,
or
unenforceable
to
any
extent,
that
provision
shall,
if possible,
be
construed
as
though
more
narrowly
drawn,
if
a
narrower
construction
would
avoid
such
invalidity,
illegality,
or
unenforceability
or,
if
that
is
not
possible,
such
provision
shall,
to
the
extent
of
such
invalidity,
illegality,
or
unenforceability,
be
severed,
and
the
remaining
provisions
of
this
Agreement
shall
remain
in
effect.
(Remainder
of
page
intentionally
left
blank)
7 9
of
21 September 16, 2025, Item #6
IN
WITNESS
WHEREOF,
the
parties
hereto
have
duly
executed
this
Agreement
on
the
date
first
above
written.
CITY
OF
POWAY
TKE
ENGINEERING,
INC.
By
: __________
_
By
: ___________
_
Chris
Hazeltine,
City
Manager
Terry
Renner,
Senior
Vice
President
Date:
___________
_
Date
: ___________
_
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
APPROVED
AS
TO
FORM:
By
:--------------Alan
Fenstermacher, City
Attorney
8 1 O
of
21 September 16, 2025, Item #6
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the engineering design services further described in the Scope of Services submitted with the proposals dated July 11, 2025, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated July 11, 2025 which are included in this document as Attachment 2.
Total fee is not to exceed TWO HUNDRED THIRTY EIGHT THOUSAND SEVEN HUNDRED DOLLARS ($238,700.00). Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall commence and be effective as of September 17, 2025 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the 11 of 21
September 16, 2025, Item #6
Cal Gov Code § 7522.56
following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
12 of 21
To City: City of Poway-Development Services
13325 Civic Center Drive
To Consultant:
2 Poway, CA 92064
TKE Engineering, Inc.
8451 Miralani Drive, Suite A
San Diego, CA 92126
September 16, 2025, Item #6
ATTACHMENT 1
REQUEST FOR PROPOSAL
WATER TREATMENT PLANT CHEMICAL
TANK REPLACEMENT
www. TKEeng n e e r
13 of 21
for:
CITY OF POWAY
Attn: Doug Nguyen
Assistant Engineer
13 325 Civic Center Drive,
Poway, CA 92064
Prepared by:
ll<E
ENGINEERING, INC.
2305 Chicago A venue
Riverside, California 92507
(951)680-0440
n g . c o m
September 16, 2025, Item #6
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SECTION
6 I SCOPE
OF
SERVICES
I SE
CTION
6 I SCOPE
OF
SERVICES
Our
design
scope
of
services
is
presented
in
the
following
paragraphs: T
AS
K
NO
.
1 PRO
J
ECT
M
A
N
A
GEMENT
Prior
to
commencement
of
services,
TKE
will
meet
City
staff
to
review
project
obligations
and
to
discuss
all
project
requirements
and
exact
locations
for
project
removal
and
replacements
in
detail.
In
addition,
we
will
schedule
a
site
visit
to
discuss
the
project's
scope
of
services
and
our
design
schedules.
We
also
utilize
this
meeting
to
acquire
the
City's
existing
utility
plans.
In
addition,
TKE
will
preform
a
site
visit
to
become
familiar
with
the
project
and
collect
measurements.
Further,
TKE
will
schedule
three
(3)
virtual
design
review
meetings
upon
the
completion
of
50%,
90%
and
100%
design
completion
phases.
We
will
submit
monthly
progress
reporting
with
monthly
invoicing
which
will
indicate
work
activities
completed
to
date,
outstanding
issues,
changes
in
scope,
budget
status,
corrective
actions,
schedule
status,
updated
logs,
and
overall
project
budget.
TKE
will
provide
monthly
invoicing
showing
breakdown
for
staff
and
subconsultants
that
performed
work
on
the
project
including
job
title/classification,
hourly
rates,
hours
worked,
and
a brief
description
of
the
work
performed.
T
AS
K
NO
2 R
ECORDS
R
E
SEA
R
C
H
We
will
thoroughly
research
existing
utility
records,
as
builts,
reports,
and
acquire
copies
of
all
available
records.
The
purpose
of
the
records
research
is
to
assemble
survey
records
to
establish
site
constraints
for
the
proposed
improvements
and
determine
locations
of
all
existing
utilities
and
improvements.
Our
research
will
consist
of
assembling
copies
of
assessors'
maps,
parcel
map,
monument
ties,
benchmark
data,
corner
records,
improvement
plans,
and
utility
drawings
to
build
upon
existing
records.
We
will
notify
Underground
Service
Alert
to
acquire
a
complete
list
of
underground
utility
purveyors
.
The
utility
drawings
will
include
existing
drawings
from
the
City,
including
the
existing
site
boundary
survey,
and
drawings
and/or
atlas
maps
from
all
private
utility
companies,
and/or
agencies
.
Pa
ge
123
TASK
NO.
3 .
SURVEYING
TKE
will
perform
site
topographic
survey
of
the
existing
chemical
tank
farm
to
collect
details
of
all
on-site
features
needed
to
prepare
treatment
system
and
piping
improvement
plans.
The
site
survey
will
be
tied
to
the
existing
site
points
included
in
the
topographic
survey
provided
by
the
City
to
ensure
consistency
with
existing
site
records.
TASK
NO
.
4 GE
O
TECHNI
C
AL
S
ERV
I
CE
S
TKE's
team
will
utilize
the
Ninyo
&
Moore
Geotechnical
Evaluation
dated
April
5,
2023
to
provide
the
seismic
and
design
parameters
for
the
chemical
tank
project.
The
2025
CBC
will
take
effect
next
year,
therefore
our
team
will
have
to
make
some
assumptions
for
seismic
parameters
when
obtaining
information
from
the
USGS
website. TASK
N
O
.
5 .
B A S E
DRA
W
IN
G
S
We
will
prepare
the
base
construction
drawings
on
24"
by
36"
sheets
with
the
City's
standard
title
block
using
AutoCAD
2019
software
at
a drawing
scale
of
1"=20'
. The
base
construction
drawings
will
include
a plan
view
based
on
survey
data.
We
will
add
the
sheet
north
arrow,
graphic
scale,
existing
improvements
and
utilities
(based
on
both
assembled
records
and
field
data),
property
lines,
public
and
private
right-of-way,
street
centerline,
and
street
names
to
the
plan
view
portion
of
the
drawings.
Once
the
base
drawings
are
complete,
we
will
perform
a
careful
field
review
to
ensure
all
above
ground
and
underground
facilities
are
shown
correctly
.
We
will
request
that
experienced
City
staff
assist
us
with
the
field
review
to
ensure
all
underground
facilities
and
treatment
plant
appurtenances
have
been
identified
and
accurately
shown.
In
addition,
we
will
work
with
City
staff
to
identify
site
unknowns
(e
.g.
drainage,
electrical
conduits,
SCADA
tie-ins,
etc.).
T
ASK
NO.
6. PRE
LIM
I
N
ARY
DES
I
GN
T
EC
HNI
CA
L
ME
MO
R
A
NDUM
We
will
perform
preliminary
engineering
analysis
and
develop
a
preliminary
design
technical
memorandum
to
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_
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City
of
Poway
14 of
21 September 16, 2025, Item #6
Ft: ,> 'J:} .> · .· .. ; Y < · · :;<:
'.'-. ,'-'·SECTION 6 I SCOPE·OF SERVICES . • . . . '
,! ,) -~' ;,, ..... • \ ' t • , ~ 4 -! ( .... : , .-.; 'd-.. _ ,, /'< ~" t , i • • •J Page 124 determine appropriate location, connection points, pipe diameters, depths and necessary appurtenances for
delivering chemicals to the treatment plant.
Preliminary engineering will be assembled in a
memorandum that will include an executive summary, an
introduction (including discussions on existing chemical tank infrastructure, design criteria, system needs, and study scope (including discussions on records research, field reviews, electrical/power needs, and pipeline
diameters, and identification of long-lead items).
Additionally, the Preliminary Design Technical
Memorandum will include proposed project layout,
identification of potential design and construction
challenges, cost estimates, calculation tables, figures, a project schedule, preliminary drawings and phasing
recommendations to maintain plant operations during
construction.
After the memorandum is complete, we will submit three
(3) copies to City for review. Upon completion of the
City's review, we will meet with City staff to discuss their comments. After acquiring City comments, we will
incorporate City staff comments and prepare a final PDR with all recommendations and conclusions identified.
TASK NO.7.50% DESIGN
The 50% design will consist of the following sheets:
• A title sheet (1)
• Construction notes (1)
• Site Plan (1)
• Demolition Sheets (2)
• Replacement Plan View (2)
• Replacement Section View (2)
• Structural Plans (2)
• Detail Sheets (2)
The title sheets will include the title of the job, a vicinity map showing the City's service area in relationship to
surrounding communities, a location map showing the
project limits, a list of abbreviations used, benchmark data, general notes, construction quantities, an index for the drawings, and references.
The construction notes will include requirements for
notifications, existing utility protection and relocation, materials, improvement restoration, testing, and
construction sequencing.
The site plan will show digital topographic data, existing improvements and utilities, site control, chemical tank locations, piping, and appurtenances.
The demolition sheet will include all required removals to complete construction.
Replacement Plans, plan view and section view will show the layout of the equipment, tanks, piping and electrical.
Key note, dimensions, and call outs will be provided to aid in construction of these complex systems.
The design parameters will include salvaging and
relocating the existing level sensors from each tank to the new tanks. Existing electrical and SCADA will be salvaged and reconnected to new tanks, tying into the existing
control system.
The City will be responsible for providing temporary
chemical storage and integration into the operation
system during construction. TKE's design will incorporate phasing with the tanks scheduled for removal in two
phases. Phase 1 will include One Aluminum Tank and the
Sodium Permanganate Tank and Phase 2 will be one
Aluminum Tank with the Polymer Tank.
The structural plans will include plan and section details for all structural components, including footings, slabs, anchor bolts, and equipment foundations.
The construction details will include treatment units, and headworks mechanical sections and details, control
schematics, telemetry, and related details, etc., as
required, all at appropriate drawing scales.
After 50% design is complete, we will forward electronic copies to the City for review and comment. Thereafter,
the City will provide comments via email.
TKE will incorporate temporary and permanent erosion
control into the plans. Erosion control design will include current Best Management Practices and shall conform to
the City's JURMP requirements and applicable State
agency requirements.
TASK NO. 8 90% DESIGN
We will incorporate the City's 50% comments, refine the design as required, and provide the City revised drawings.
In addition, TKE will prepare project specifications (Bid Sheets and Special Provisions) in accordance with City
li<E
Request for Proposal I Water Treatment Plant Chemical Tank Replacement City of Poway
15 of21
September 16, 2025, Item #6
. • ' ' . • ' ! •
·. ' • . '.: : . ' . ' ':. ~,'.-: t: :; ., ..••. '·, ; • ., ,. . : •. .: : '_,;.:
• •' '•,. ' ' 1 • • •II I • • o < ; '
· •. SECT.ION 6 I SCOPE OF SERVICES ' . • •
• •, • > : , • • <' •• • • ; ~ I, ' • '• • • , 1 • Page 125 standards and in Microsoft Word format. The
specifications will include bid schedules with special bid instructions on the City's award intentions. They will also include technical specifications for the tank
manufacturing, piping, and appurtenances. Further, we
will use the bidding schedules to prepare the engineers estimates. The bidding schedules will include all material and construction requirements as shown on the drawings.
After 90% design is complete, we will forward electronic copies to the City for final review and comment.
Thereafter, the City will provide comments via email for final design.
TASI< NO 9 . F I N A L
DESIGN
We wHI incorporate the City's 90% comments and provide
the City with hard (mylar drawings and specifications) and digital {PDF and Word) copies of the drawings, and
specifications for final approval and bidding. In addition, we will prepare a final construction cost estimate for the project.
TASI< NO. 10 BIDDING
ASSISTANCE
TKE will provide project pre-award services as needed
including but not limited to preparation of response to RFl's during bid period, preparation of addenda as
required, and attend pre-bid job walk for technical
assistance. Lastly, TKE will assist the City with review of bid proposals in accordance with the contract documents.
TASI< NO 11. ASSISTANCE
DURING CONSTRUCTION
Construction phase assistance will include the following:
TKE will attend the preconstruction conference with City staff, Construction Manager {CM}, Project Construction
Inspector, TKE representative, and the Contractor. Prior to the conference, we will review the conference agenda prepared by the City. At the meeting, we will discuss
communication protocol requirements, and procedures
for contract submittals, contract administration, job-site access and delivery, and coordination with others as
requested.
We will review and approve a maximum of ten {10)
project submittals, three (3) RFI reviews, and one (1)
change order review for the project. We will maintain a project log for the project and it will include descriptions of submittals, date received, and date returned. We will consult with City staff as required to review substitute materials and equipment. Once the submittals have been
reviewed and accepted, they will be signed, dated, and
sent to City staff and project contractor. Submittals will be returned within the time frame specified by the
contract documents. The construction schedule will be a critical document. It will be reviewed to verify compliance with the contract documents and will be reviewed
monthly to ensure construction is proceeding efficiently.
Once the project has been completed, we will provide the City with a complete set of signed and stamped record
drawings which will reflect the improvements as
constructed; any changes made during project
construction will be shown on the record drawings based on the contractor's and inspector's records. Said record drawings will be based on data furnished by the
Contractor's redlined field plans and inspector tie sheets and will be stamped "As-Built."
TKE will prepare electronic as-built drawings in
accordance with City standards from the Contractors
redlined field changes after construction is
completed. TKE will submit record drawings in electronic format according to the City's standards.
TASI< NO. 12
CONSTRUCTION
MANAGEMENT
INSPECTION
A N D
Consultation: TKE shall furnish consultation and advice to City staff. Consultation shall include, but is not limited to, responding to requests for information, requests for
clarification, and change orders, consulting with the City as needed.
General: TKE shall review the Contractor's schedule and their adherence to the schedule. TKE shall advise City of problems and provide suggestions for correcting
problems. Contractor shall monitor corrective actions.
Pay Request: TKE shall review the Contractor pay requests and reconcile the work done with the pay request. TKE
shall work with the Contractor on required corrections to the pay request. TKE shall ensure the pay requests are in the format required by City.
~ _Re.q .. u.e.st_f_o_r P.r.o .. p.os.a.l .. I .w.a.te.r.T.re.a.tm_en.t.P.1a.n.t.c.h.em_ic.al.T.a.n.k .Re .. p.1a.c.e.m.e.n.t -------• I~ City of Poway
16 of 21
September 16, 2025, Item #6
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► TKE shall provide inspection as needed to
observe, document, and determine the
acceptability of the construction work in
coordination with City staff.
► Submittal Adherence: Document that accepted
shop drawings and procedural submittals are on
file with all parties prior to commencement of the
work. Assure the work is being done in
accordance with these submittals.
► Specification/Plan Adherence: Compare the work
to the contract documents to ensure compliance.
Document and resolve any deviances. Receive
and verify material certifications.
► Daily Reports: TKE shall prepare daily
construction reports and review the Contractor's
daily reports. As a minimum, TKE shall document
labor, materials, and equipment used; weather,
problems, visitors, change work, questions,
directions given, and disputed work.
► Communication Logs: Maintain logs of verbal,
text, email, and telephone conversations.
► Photos: TKE shall periodically photograph the
work and shall photograph any changed
conditions, disputed work, and extra work. TKE
shall identify each photo with a description and
date. A minimum of eight (8) photos shall be
documented for each day of field activities.
► Safety: TKE will not be responsible for Contractor
safety; however, TKE shall report unsafe work
observed and communicate unsafe conditions
observed to the Contractor and City. TKE shall
maintain safe working conditions for TKE's
personnel.
► Testing: TKE shall coordinate, observe, document,
and ensure the compliance with all contractual
testing requirements. TKE shall ensure testing is
complete, in accordance with the Contract
documents, and in accordance with trade
practices.
► Punch Lists: TKE shall develop and maintain
construction punch lists and coordinate the
completion and correction of the punch list items
with the Contractor.
lKE'" _ _Re.q.,u.e1111st111f.,o.r.P.ro_,p.,01111s1111al111I.W....,at1111e111r.T.re.a.tm_e_nt.P.l.an.t.c.h.e.m.i.ca.1.r.an.k.R.e,.p.1a.c.e.m.e.n.t _______ _ City of Poway
17 of 21
September 16, 2025, Item #6
....
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SECTION 5 HOURLY RATES
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September 16, 2025, Item #6
Cal Gov Code § 7522.56
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act o/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 21
(l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 3 September 16, 2025, Item #6
Cal Gov Code § 7522.56
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
20 of 21
(l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
4 September 16, 2025, Item #6
Cal Gov Code § 7522.56
( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply.
(h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System 11 who is assigned to serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 .ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
Note-
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4 ); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
5 21 of 21
September 7, 2025, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
September 16, 2025
Honorable Mayor and Members of the City CoKil
Eric Heidemann, Director of Public Works 1
Robert Weber, P.E., Principal Civil Engineer -Utilities \_,_'\)J (858) 668-4717 or [email protected]
CITY COUNCIL
Award of Agreement to Carollo Engineers, Inc. for Sewer Master Plan Update, RFP No. 26-003
A request for proposals (RFP) for the Sewer Master Plan Update, RFP No. 26-003, was duly advertised on July 10 and July 17, 2025. Four (4) proposals were received on August 12, 2025. Staff reviewed the proposals submitted and recommends Carollo Engineers, Inc. (Carollo) as the consulting firm to provide the Sewer Master Plan Update (Master Plan) for the City of Poway (City). Staff determined Carollo best meets the evaluation criteria and suits the needs of the City. The length of this Agreement shall be two (2) years beginning on September 17, 2025, through September 16, 2027. The Agreement may be extended through a total of three (3) separate one-year terms.
Recommended Action:
It is recommended the City Council award the Agreement for the Sewer Master Plan Update, RFP No. 26-003, to Carollo Engineers, Inc., and authorize the City Manager to execute the necessary documents.
Background
The City's sewer collection system consists of approximately 186 miles of gravity pipelines, over 4,000 manholes, five sewer lift stations with force mains, and a double barrel gravity siphon that conveys wastewater to the City of San Diego Metro system for subsequent treatment. A small percentage of the City's wastewater flow is conveyed to the City of Escondido.
The last update to the City's Sewer Master Plan was performed in 2013 and included a capacity evaluation. The 2025 Master Plan will rebuild the sewer system hydraulic model with the most current system data, update wastewater generation factors and evaluate the impacts of ongoing development and land use densification, particularly in areas such as the Poway Road corridor and South Poway business park, on the collection system. The Master Plan will also perform a capacity analysis and infiltration and inflow (1/1) study/model calibration, assess the current condition and operability of the collection system and lift stations, and recommend a new ten-year Sewer capital improvement 1 of39
September 7, 2025, Item #7
program (CIP). The updated 1/1 component of the Master Plan will be of particular importance to refining identification of areas that are capacity constrained under wet weather conditions. These capacity constrained areas elevate the risk of sanitary sewer spill (spill) events. In addition to there being a growing regulatory trend toward eliminating spills, the presence of excessive 1/1 in the system means the City is paying to treat water that doesn't belong in the collection system. Identifying and prioritizing 1/1 hotspots will aid in developing and implementing targeted improvement and mitigation strategies in the new sewer CIP. In addition to serving as a data source for capital planning, the Sewer Master Plan update, may also be relied on to inform future City wastewater development impact fees.
Discussion:
City staff prepared a detailed RFP to select and retain a qualified consultant to prepare the Sewer Master Plan Update. The RFP was advertised on July 10 and July 17, 2025. The City received Four (4) proposals on August 12, 2025. An evaluation committee consisting of staff from the Department of Public Works and Development Services Department reviewed the proposals based on criteria set forth in the RFP, which included thoroughness of the RFP, firm and project team qualifications, project understanding and approach, and project experience. Although the proposed fees were reviewed to confirm proposers understood the scope of the project, the City is not required to select the lowest fee proposal for professional services contracts. The table below alphabetically lists the proposed not to-exceed fee amounts from the responsive proposers:
Table 1: RFP 26-003, Sewer Master Plan Update
Responsive Proposers
Proposer City Total Fee for
Base Scope
Carollo Engineering, Inc. San Diego, CA $509,347
Dudek Encinitas, CA $594,460
EKI Environment & Water, Inc. Daly City, CA $576,800
Woodard & Curran, Inc. San Diego, CA $595,780
Total Fee
w/Optional
Tasks/Modifiers
$646,185
NIA
$688,700
$650,050
As a result of the proposal evaluation, the evaluation committee determined Carollo provided the most comprehensive and best value proposal, had a clear understanding of project requirements, and precisely defined the approach and methodology to accomplish the City's goals.
Additionally, Carollo's proposal demonstrated extensive experience in sewer master planning and hydraulic model development for other local sewer agencies and a deep bench of highly qualified staff. Carollo proposed a well thought out and thorough approach to the project, including evaluation of multiple candidate sewer model software packages including advantages and disadvantages of each package and recommendation of the best fit for the City. Carollo's flow monitoring subconsultant proposed a creative approach for the 1/1 study which will minimize the time and effort for timing of deployment of flow meters.
Consultant costs for the Water Master Plan Update are eligible for reimbursement through a $1 million USEPA federal grant (No. 97T33801) which the City received through the Fiscal Year 2023 Consolidated Appropriations Act (P.L. 117-328) for Community Projects. Funds were secured with the assistance of Congressmember Scott Peters in 2022 to reimburse City costs associated with planning, design, and construction of drinking water, wastewater, and stormwater infrastructure and for water quality protection.
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September 7, 2025, Item #7
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Sufficient funds are available in the relevant Capital Improvement Program project account SW011 to award the Agreement for the Sewer Master Plan Update for the recommended amount of $509,347.
The City proactively planned for this project as part of the development process for the Fiscal Year 2025-26 budget, with funds appropriated from the Sewer Capital Improvement Fund (5210).
Consultant costs for the Sewer Master Plan Update are eligible for full reimbursement from the City's secured USEPA Federal Grant No. 97T33801 (Fund 2530; $600,000 grant).
Utilizing grant funding for this project will have a rate suppression effect compared to utilizing sewer rate revenue from sewer customers. Poway combines grant funding opportunities with other functions which have a rate suppression effect, including procuring multiple bids for projects to ensure preferential pricing, utilization of sewer connection fees from new development to offset rate revenue for Capital Improvement Program projects, and others.
Public Notification:
None.
Attachments:
A. Standard Agreement
Reviewed/Approved By:
Assistant City Manager
3 of 39
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By·
Ch~
City Manager
September 7, 2025, Item #7
City of Poway
STANDARD AGREEMENT FOR SERVICES
This AGREEMENT, entered into this 17th day of September, 2025, by and between the CITY OF POWAY (hereinafter referred to as "CITY") and CAROLLO ENGINEERING, INC., (hereinafter referred to as "CONSUL TANT").
RECITALS
WHEREAS, CITY desires to obtain the services of a of a private consultant to perform engineering design services for the Sewer Master Plan Update (PROJECT); WHEREAS, CONSULTANT is a(n) specialized engineering design firm and has represented that CONSULTANT possesses the necessary qualifications to provide such services; and
WHEREAS, CITY has authorized the preparation of an AGREEMENT to retain the services of CONSUL TANT as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 4of39 ATTACHMENT A
September 7, 2025, Item #7
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests' conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 5 of 39
September 7, 2025, Item #7
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5.. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(8) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
rgj 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Eric Heidemann, Director of Public Works
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.
6 of39
September 7, 2025, Item #7
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession.
Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees.
(b) For Claims· alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For 7 of39
September 7, 2025, Item #7
Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
( c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers.
(d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15 (a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance of its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to City projects.
8 of39
September 7, 2025, Item #7
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect.
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure Section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by electronic transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 9 of39
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
September 7, 2025, Item #7
Consultant hereby certifies that all persons providing services to City by Consultant are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.
Consultant further provides that in the event Consultant assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code Section 7522.56. A copy of Government Code Section 7522.56 is attached hereto as Exhibit "B."
Further, Consultant hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Consultant to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank.)
10 of 39
September 7, 2025, Item #7
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
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By:------------
Alan Fenstermacher, City Attorney
11 of 39
CAROLLO ENGINEERING, INC.
By: ___________ _
Shyamala Raveendran, PE ENV SP,
Principal in Charge
September 7, 2025, Item #7
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the engineering design services for the Sewer Master Plan Update, further described in the Scope of Services submitted with the proposal dated August 12, 2025, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposal dated August 12, 2025, which are included in this document as Attachment 2.
Total fee is not to exceed $509,347.00. Consultant's fee shall include, and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates.
Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall be effective from the period commencing September 17, 2025, and ending September 16, 2027, 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 the written approval of both the City Manager and the Consultant. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first two years of the agreement, the Consultant'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 September 17, 2027. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials ·and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
12 of 39
September 7, 2025, Item #7
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required belowi shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
13 of39
September 7, 2025, Item #7
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Consultant:
F. Standard of Care.
City of Poway
Department of Public Works -Utilities
P.O. Box 789
Poway, CA 92074
Carollo Engineering, Inc.
5355 Mira Sorrento Place, Suite 270
San Diego, CA 92121
Consultant shall complete the services required hereunder in accordance with the prevailing standard of care by exercising the skill ability ordinarily required of consultants performing the same or similar services, under the same or similar circumstances, in the State of California.
G. City -Provided Information and Services.
City shall furnish Consultant available studies, reports and other data pertinent to Consultant's services; obtain or authorize Consultant to obtain or provide additional reports and data as required; furnish to Consultant services of others required for the performance of Consultant's services hereunder, and Consultant shall be entitled to use and rely upon all such information and services provided by City or others in performing Consultant's services under this Agreement.
H. Estimates and Projections.
Consultant has no control over the cost of labor, materials, equipment or services furnished by others, over the incoming water quality and/or quantity, or over the way City's plant and/or associated processes are operated and/or maintained. Data projections and estimates are based on Consultant's opinion based on experience and judgment. Consultant cannot and does not guarantee that actual costs and/or quantities realized will not vary from the data projections and estimates prepared by Consultant and Consultant will not be liable to and/or indemnify City and/or any third party related to any inconsistencies between Consultant's data projections and estimates and actual costs and/or quantities realized by City and/or any third party in the future.
I. Third Parties.
The services to be performed by Consultant are intended solely for the benefit of City. No person or entity not a signatory to this Agreement shall be entitled to rely on Consultant's performance of its services hereunder, and no right to assert a claim against Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Consultant's services hereunder." 14 of 39
September 7, 2025, Item #7
Statement of Services
Carol Io's unparalleled experience in sewer system master planning, flow monitoring, infiltration and inflow (1/1) analysis, sewer modeling, and condition assessment across California, will translate into efficient project recommendations and timely delivery of the City's Sewer Master Plan (Master Plan) Update.
Project Understanding & Approach
The City's sewage collection system consists of
approximately 190 miles of gravity pipelines, over
4,000 manholes, five sewer lift stations with force
mains, and a siphon that convey wastewater to the
City of San Diego (San Diego) for treatment. The City
has an estimated population of 50,000. The City
has three main sewer basins; 1. San Diego Basin
(San Diego flows conveyed to the City); 2. Poway
Metro Basin (City flows conveyed to San Diego's
Metro System; 3. Poway HARRF Basin (City flows
conveyed to City of Escondido and treated by
Hale Avenue Resource Recovery Facility (HARRF))
A small tributary area, accounting for roughly 1%
of the City's total flow, is conveyed northwesterly
into San Diego's Municipal Wastewater System's
East Bernardo Trunk Sewer to HAR RF, but most
of the City's wastewater flows southwesterly
along Poway Road discharging into San Diego's
Penasquitos Trunk Sewer and ultimately into San
Diego's Metro System (Metro) for treatment. The
City's last Master Plan was completed in 2013 and
included a capacity evaluation of its collection
system. As part of the upcoming update, the City
seeks to revise its wastewater generation factors
and evaluate the impacts of ongoing development
and land use clensification -particularly in areas
such as the Poway Road Corridor and South Poway
Business Park-on the collection system. This
includes evaluating key infrastructure such as the
mains along Poway Road, which ultimately convey
flow to Metro.
A condition assessment of the City's collection
system piping was not included in the 2013 Master
Plan. In 2019, the City initiated a program to perform
sewer condition inspections of its vitrified clay
pipes and found that older sections were starting
to fatigue, and rehabilitation would be required to
maintain an efficient and effective system. A risk
based prioritization of improvements will be needed
to systematically address aging and deterioration of
15 of 39
CAROLLO / PROPOSAL / AUGUST 2025
I
tf / V.Sl•Y Rd c:::J Study Area
I,-----~~..,~-,~ c:::::J_ ~:;P::y~ 1~
Siphon
"tyMain ?.12"
orceMain
of San Diego Pipe
LSr
• Meter Station
a LiftStalion
County
of s.-,,, Diego
N
A
7,000
I Key areas that need to be addressed as part of this master plan include densification impacts, condition assessment of its aging infrastructure, Ill capacity impacts, and developing a capital improvement plan that aligns with the City's financial planning and cost of service analysis, while also providing a clear justification for infrastructure improvements to the community. Carol/o's experience is uniquely suited to help the City meet these objectives.
the collection system to avoid backups, overflows,
and bypasses or flow diversions during large
storm events. While the City's five lift stations were
assessed in the 2013 Sewer Master Plan, given the
time elapsed since the last assessment, a more
in-depth and updated assessment is necessary to
determine these critical facilities continue to meet
current performance standards and accommodate
future needs.
\ \10-lx1-i\B D-D1\ T /\ \M<l 1-\-.:ct In~} \Pu I su1ts\CI ie>nl2 l(SDO)\PO\vay\ \fl/,;1!.c1·-Sewer ML1s1.e1 Pl an s\Prop0S 2 5\1 ndo\Sc\ vc r\0 3.St<:l\l:'mt:'ll :o fSer vicc.s-v 3 C' -,
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15 September 7, 2025, Item #7
Since 2011, the City has reported about 24 sanitary
sewer overflow (SSO) events to the State across
Categories 1, 2 and 3. Most were caused by grease
buildup, roots intrusion, or debris located either in
manholes, laterals, or mainlines. As noted in the
previous Master Plan, several sewer segments were
identified as capacity-constrained, particularly under
wet weather flow conditions. For example, during a
storm event in December 2010, it was estimated that
40 million gallons of 1/1 entered the system. Aging
infrastructure continues to elevate the risk of SSOs.
In light of the growing regulatory trend toward a 'zero tolerance' approach on SSOs, this project must prioritize identifying current 1/1 hotspots through a well thought out flow monitoring plan to develop targeted mitigation and improvement strategies for 1/1 reduction.
A well-defined flow monitoring program is essential
not only for quantifying 1/1 contributions across the
system, but also for providing the critical data needed to develop and validate a reliable hydraulic model.
Significant changes have occurred in population trends, land use, water conservation efforts, and demands
since the 2013 Master Plan. An up-to-date hydraulic
model that accurately reflects current and projected
conditions will serve as a vital planning tool -helping the City identify capacity deficiencies and guide
planning decisions ahead of developer proposals.
To align planning assumptions and approach, the
development of the Sewer Master Plan needs to
be well coordinated with input from City staff in
R.1ncho
1ern.irclo
[ill
, D,
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,SS
G.trdl.'n RU,
I Screen shot of the City's collection system's 550
events from State Water Resource Control website.
16 of 39
CAROLLO / PROPOSAL / AUGUST 2025
STATEMENT OF SERVICES
Operations, Planning, and Engineering, as well
as from City consultants working concurrently on
the Water System Master Plan and UWMP reports.
This integrated effort is essential to identifying
and addressing key priorities, and to supporting a
cohesive, forward-looking infrastructure strategy for
both the water and sewer systems. Key focus area
will include establishing planning design criteria and
level of service standards to assess the impact of wet
weather flows on system capacity; identifying and
monitoring target basins for 1/1 reduction; evaluating
the capacity of existing sewers to handle current and
future flows; and assessing asset conditions in tl1e
sewer system.
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Feet
I The 2013 Master Plan identified several improvements, mainly capacity-related deficiencies in the system. However. only some projects have been completed due to competing City priorities. The proposed CIP projects that have not yet been completed will need to be re-evaluated with the new hydraulic model.
The plan will incorporate a risk-based approach to
develop a phased and prioritized 10-year CIP that
aligns with the City's financial planning and cost
of service analysis, while also providing a clear
justification for infrastructure improvements to
the community.
\ \10-bci-1\8D-DA TA \Mmketing\Pursu its\Cli(>ll\ 21{S DO)\PO\voy\ Vl/;Jte1 -Sev,-e1 /viusterPlun s\Prop03 :2 5\I nd d\SC?'Ncr\03 .S !UtC'llK'lllO 1 Set viccs-v 3 ~
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16 September 7, 2025, Item #7
' '
The updated Master Plan will build upon previous
studies, prioritizing the function, reliability, resilience, and condition of the sewer collection system. The
updated plan will include a 10-year risk-based capital
improvement plan (CIP) identifying replacements and
improvements needed to meet existing (2025), near-term
(2025-2035), and buildout demands. The CIP will need to consider impacts on existing and future users to aid the City's cost of service study.
Key success factors for this Master Plan will include:
■ Developing a comprehensive work plan that drives
project efficiency, maintains task continuity, and
avoids rework.
■ Collaborative, targeted flow monitoring during
favorable rainfall events reduces costs while
enhancing 1/1 data accuracy.
Meeting/Workshop
STATEMENT OF SERVICES
■ A robust flow monitoring data analysis will enhance
model calibration efficiency and help prioritize
future 1/1 reduction projects.
■ Developing and calibrating a sewer model
and instituting a QA/QC approach that provides
a predictive tool to justify capacity-related
improvements.
■ Developing a clear, systematic rationale to guide
the identification, justification, prioritization, and
cost estimation of recommended projects in
the CIP.
Carollo's project approach focuses on these key
success factors. Our scope of work details our
understanding of the tasks, and the assumptions
included in the development of our level of effort.
Outcome
r--· Assign responsibility for data collection.
Kickoff Meeting 0--.......... ! Review of existing system facilities and data 17 of 39
L .. gaps.
Flow Monitoring Locations and
0 __ .......... / Strategize flow metering tasks with
Installation Strategy L .. Operations staff
Wastewater Flow Factors o-• ••••• ····{:: Review flow factors and land use data Planning Design Criteria &
Level of Service Workshop
!' .. Review existing and proposed changes to
0 •• ••••• ·····1 planning criteria and Level of Service L .. requirements
Model Calibration & Wet Weather 0 ............ f. Adjust evaluation criteria to balance risk with Sensitivity Analysis L .. capital cost
Existing System Evaluation 0 ............ .f ... Review results of existing system capacity- L .. related and condition related deficiencies.
Future System Evaluation 0 ............ ! Review results of future system capacity L .. related deficiencies
!' .. Review existing CIP, identified in the 2013
Proposed Project Recommendations
& Preliminary CIP
0 ......... ...: Sewer Master Plan and planned projects. ; Prioritize and phase projects. Develop a
L .. 10-year risk-based CIP.
Master Plan Review Meeting o-..... Review Draft Sewer Master Plan Report I Carollo will coordinate with City Engineers, Operations, and other key City staff from the Public Works Department, Fire Department, and Planning Department to gather system knowledge and collaborotively develop planning assumptions. The objective is to gavel down on the baseline understanding to move the project along efficiently CAROLLO / PROPOSAL / AUGUST 2025
\ \io-bd-1\BD-DA T /\ \Murket1ng\Pu I suits \Clie1 l t21(S0O)\Pov1uy\ Wu; er-Sewc1 Ma st er Pion s\Prop032 5\lndci\Scwcr\0 3 .Stutcn K'lltof S121 vi ccs-v 3 ~ ..,
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17 September 7, 2025, Item #7
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Developing a comprehensive wor k plan drives projec t efficiency, main t ains t ask continui ty, and avoids rew ork Tl1e co111plelion or a collection system mc1slcr plc111 ii wolves multiple and sometimes parallel tasks. We trnve develope:d the wo1 k pl.:m lJelo·.·: to J1 igt,l igl11 key p1 oject sic.::.p;, their interconnection s v,itli the multi-discipltnmy team, und 1he interconnections between projec t tasks . Wt: hiNo? c1lso t1ig!11ightec1 v1orksl1ops, de-livern l)les. uncl lhe rnuin goi!ls of eucl1 v,orl, r,lun path N;i•Mi·lrlf11·ii\iliM E'l·l·lil,]§,1·li'l#1M
_ , O!laConrcUcn
·•--•..,.....,......••,1 .. , __ ST~TE~ ENTOFSERVICES
Mitlr4¥&i1h1!·IIM
,I.
_,
.J.
•
· . · · · I • ~ -
_ , • • •• , .. . ' •• . . •
1~;-, ;j, ,-:-·,
J.
_ _ , __
-
a
• KlckotfMeeling
~-f
I
• Agenda and Minutes
• Go.il1.ind0bjcetivcs
• A.cUonl\crnsllst
• Oe<islonlcg
• Oala Colccllon Log
I . O,ofl Flow • o,nnc Roq,hcd
Mon•o1ing Plan D•la and
ResponsltlleS1alf
• Eva!u.iuon of Missing
lnformallon
• Lif\SlallonAss,sim,nl
CAROLLO : PROPO S./ll I I\UGUST 20:1.S
i
' ~ - ---
•• r . ----: . . J ..
. ) _ _ 1··-
• flow Moni1oring
localionsand
lnsl:i!1a\ion Straleq'/
Workshop
• FlawMonitcringSitcs
• Ffow Monitoring Rei>01l
• Workshop, Ma\e1lals,
Agcn&, Minutes and
Action hems
• CaptU1C Key Svstcm flow D.11,1
{orOevelopingFJow
Pro}eCllom, Wct Weather Flow
Parametm,OiLX"nal
Drvelcpmtnl, DryWeathcr
Syst,mFJows.andModel
Calibrall::in
s• • .I.
lilii ·S·
• Modl!I ConUrualon .ind
C.aillra!lonOlmrnlons
- SoflwarcSclccUonTM
• Model Calibrallon Results
• Wockshop. M•terials, .-.g,nda.
Mlnutc.s.indActionltcms
• Draft Chapler 5 • ttyd1auic Model
Ol!VClopmcnt
- OevclopCalibraled
E:ttendedPeoodDynamlc
tfydraulc ModN ol lhe City'.s
CoUectionS)'1ttm
j
i_; . '.'•{·)_~ ~
,.,-,,']_, "·
J
• Was1cwalcrflowf.lclor1
Vlo1kshop
• P1an,,lngOc~ignC1i1C1ia
Workshop
• Or all CMpter 3 • Planning Critltfla
Ora rt Ch.I pl er 4 - Flow A.n.lysls & GIS
~ ..
• Land Use Density Maxlmlzalion GIS
data
• Workshop. Malcrtah, Agenda,
MinctH and Action hems
• OevelopW•stewa1u
Gene1auonfactor1
• Develop. Ory and Wet Flow
Factors ind a Rang, of
ExpertcdFJowPrO{ectlons
• o~,klp Evatua!lon Cr1mla
• Nil
.],
rtlr
[, ,_.
--
❖
•
.
• Modl!I Calibr:ition & Wet Wca!Mr SC'millvily
Analysis Workshop
• ulsting Sy,,tcm Evalu.illon Workshop
• Fulll'C Syslcm Ev.1lualion Workshop
, Proposed Pro}tet Re:commendelions and
Ptclimkilry (IP Worohap
• Oral! Cllap\tr 1 & 2- Exlstilg System
Dr,1fl Cha pier 6. Existing System Capacity
EvaluilUl)rt
• Draft Chapter 7 • Exi\Ung Syitem ColMSiUoo
Asscssmcnl
01,1ft Ch.:Jptcr 8- FulUIC S)'llCm Ev~auan
• Womtlop. Malerlals. Agenda, Minutes and
Actionltcms
• RcflneEvaluatlonC,itc,~
Octronlnc Condition Related
oenclencies
• Oc\Cfminc Existing aod Growth
Trtgge,rdCipacityOtficlentles
• Otvl!lop CIP Ptojects and Coils
• M.istcr Pl.lrt Rcvfcw Mcctlng
• OroitlCh~tt9•CoUEslimatlon
Methodology Or.ill Chapter lO
Capital lmptoveme:nt Pian
• Or.ill ilnd f'in::il Report
• M«:ling M:itctbls. Agt!nda.
Minutes; and Ad ion hems
• Fln.11 Sewer M:islcr Pl~ and Digit.ti
Delttuv
• Projectcloscootwithdcf:ver,of
f'haleftctronicfdes
fil
~
C
,j
,~:
18 September 7, 2025, Item #7
Collabo rat ive , t arge ted flo w mon itoring
during fav orable rain fa ll events reduces
co st s w hile enhancing 1/ 1 dat a accur acy.
l;Oi' SHW(.'I :iySlCII\ ll)'llri.l'Jllt n1uG~li119 projecb. til e l\ow 111onitonn9 pru;1rnn1 is one vf \11<! 1;10:;1 cnlic i;il elein~nt~ to 11uilding r.uni1dcrn.:0 Ul mvch-:::linn 1~comm0nrl ~tit.m s. T~t'r1." am i.V,'t' k~y tl<:-Poc:s in ll~\'do pinq rn1l'I impl 0 1110 11th19 t11~ iiow rnoni101h1;1 pro1.1111m.
:"~~ .. :\~-~-~,~ ~':"~,'-".~~~
·~ ;::_;· . ~ 1:Per RFP,req'uliements~
, . :--- .·1~-:.:·..,_.. , ... -- · --'!1- . •L• ... ,.. .. -., -~~~$,Ii. -.~- rr;; .~, ~~ have oudgeted ·:'=!.~
Identify t11 e optimal number of
flovm, ete rs and the locnt ions
w here w e w ill dep loy th em.
0rJ$1:"d nn Olli i0View ur 1he PH~VIOllS OlilSiCf µltln. !hew ~re ::rNernl opportu111t1es to refino flov.1 mQ\f.•rinl] i1l Bn~in~ G c\ncl P02. Wey r.1lso ri;1c.omnll?nd lh<11 in c:1 d[liU011 l(I lhl' eiQl)t if,:;,w ;11ele:r~. th(1t iJddilion(II IIO•Nnleters l)e lnstnllcd to help i) Olt!IC Ol'CilS of hiyh l.'l. 10 und~r'.:.t,1nr; lht' hyclfm11ic!: of key llo y, !iphl ~. ;;ind 1.;n(Jt,•1 !,hll"td !lll w Prlllt •;lfl :i ~Jl!'llC.•1 ~111.:!tl fu, COi l,lirl lilncl 1;st.• IYPL·::-. The pll1n will ht: vetv-A1 wdll lh•~ Cll)1 Opernuo,,~ 1e;1rn c111cl <1djusted bc\SC?d cm m.;1nllole \ICCC!s:;il.>illty, tf f1ffic con trol clMllellt;jP:'!:i, ~Ill(.\ l1yd1 iJUliC condl•.lons before proc eecllng willl instnl1,;1tion'.). [- •·'· --Flow ...•.• , ... , A0WF]
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For l11i!- p1ojccl , you 'l111t:"Cd u lei:lm wilh a proven trar.k 1e<.01d or quicl< a11d linudy i1 1slt1ll;1tio11!> of tlown1cter : •.
Whiltt we c.111·1 cunttol tlw wt:\;.ltht»r. W t! h«v~ provt'n nu, a,pp!OilCll UV<.'f the y!:!(US LO mc.1>:irni1.e lhe tlHlllCt -:'S ol c.1ptu1iny '!i-ig1111it011l wet Wl?illlJCI" llow <.ltl\i\ wilh il ~olirl plnn. Curollo h,,~~ ,1 un1qun ,c1nuonsh1p w1t1, ii~ flow monitoring pt.1rlnni, K<,•vin Krnjnwsk1 ol K-Flow. Ovor the Inst 20 y~ar!j, Curollo ond IC-Flow have developed n
11Just-l11-1·in,e" appro~ch to capturing wet wea1hcr
ilow monitoring dota . At UH.~ he9i1111111g or the p1oiect.
Carollo ancl l(-Flov1 \\'ill work r.ollc1tJornlively •Nith 1t1,~ City to cletc1min0 flew monitorrng :,;1tQS. pe,form field recorurni~ sr.1ncP on u,e propo::c~d 11112101 loc;ilians. <111d <1cqulrc ,111 /\(ic:cr.sarv perrnits. Wu 1,-vill H1cn co11ti11uo11:;I)• niunilor tile:" w~Ullll ~r lor~c:nst lo (l~tl::.1 m1nr:- u,,~ t!pt i11wl ll11ll11q for lllPl n1 d(•ploym cmt.
Tlw C:arollo/K•f-low lc:'!run c.tJr1 typically d1:.•11loy 111'.'l<•Jrs 111 a v,ec:I,: or Ir.:•,~- c,1rollo hi.IS U!>C-CI this s;u1K1 ;1ppro;;cl1 ;,ur:cesslully ior coun1lc:;r, {l{IC'llCl(~S in Ci1liCn1 ni;J, iii c.ludlno mc,:nlly for lhe cilie:.~ of Vist<1 n11U Lo111,1 lind~1. lh~ Town of Applt> V .. 1ll~y. lrnc.J lhe Counly ol $/Jnt~ Ci"u7.. whC'f'-' w<': v.:1..'r(' .ll">lc 10 deploy llowmotc.H!; 1111(lr. 1 t.'XtU . .:11\t~ly tight c.l~tll..Uil11~::,. la Ci>plu11;.· no ... , ir-.:m th(• IHl'(JC 5lorm 1. .. velll'..i. Fo1 ~:curnpl~. C~1rollo c.mcl K-Flmv ,,.1:',~ ttblc:
lo mnluli ~(• flo1.v mr.h'I ~ in thl' Clly llf LCll\ il Un,1,i to r:;1plul"\:
1hv most slqnif1cnnt rn1nir11f c,,f llte 20;!.'iU.();!S .. w 1so11. whu:h \',\IS~ cl1y Yt:itll. Our l~i11TI Wl1' .. ;1tJ1l" to c:uphm-: b,11.k• tcH>:1<:I: StC\rcn CVClll !-. lh C.• ITI\•Sl :;1oni(lc,lnl oi whjrh \'Vil !. l' livi:'·V0i11 . 24•hour s101111 t-~vc11t. Ci:1roflt1 w,1:; i.ll~o i1lll1J 10 cnµtu r"' a five-year . 24-1101.11 3lofm <."1cmt ;it 1110 Cuy C".\f V•~ti'I durin~J 11,e 20:::u.:;w2-1 w;.,I w1:1itth1:1r seusor1. Due to nur success in utilizing thi!i ;ipproach in tho po!;t, we shouh.J cnly neocl flowrn~tars in the ground for 011e month,
which provides si91-.ificant st1vings nvc:1 1-:i n1orc ty;")ir.al wr:l \\'Pil lh("1 rno11itnr i11v p1ograrn of lwo 1.0 tlltl:'t' mc111tn~:
or 1no1t-\.
Ow fl'Climinor; f t' \'l'.:·l': Oi lltt: :·Dt:i Sl:1•,er M:1~:•.H 1'/rm ,U(·S ind,.;c; {(•<;, thcH b':H1,: ~ -b' . t:nt! -Pol' · ere 11wct1 l;r1r,1., i/w 11 ot/11:r l :urnl! i,1 lhl· eiw Fcr.:r ,.;,;::cmir1f :i!I'! lc cot:Gns cc,:rd n:, -::(1 sL•!Jplcmi?nl mis 5·,u!Jy ut:cJ \·:11/ L,~• ,,,,the: f<J .'in :•11 ::p o,I ,c ce1,"'Jt r,f Gl-i >.i:l/i1 iC'mf l S•i (I ll( / IJ ,2 ,Jf(' 111::1111,: ,,,,,,;.•s //WI n;,cr/r/ hrcak 11(1 Su; ,ti I] , ... ,,,p P02•i.-?.--:: . .. , ur.:J lacu11ons 1:,m cvuid hr~•n~ up llo~/n /10 2 cm1 car; lJL' IP( t; !._•c! : r1u t er 1,:;liy ,c CLJµ t .i1r:
sp t"!cdic w ., d uS<.~ 1n w 1w1I c1ns Cmolfa':. ,n .. •u:1 tai:{J;ion su99es 1,on f 1\·:1/ tu11-:~ 111 1: rei: ii:
t t"!t11pfl:Cf}' r. Iet£'t co" III to a. Addt/ io •ml m et ers nr::f rocc/ ,oo ; will b .:- \·c 11:= rl 1•11lfr lfi.:
0;, 1:ro:i.:1i~ 1tafi dur1,1!} u-. ... ~ flv1vmJniU11m g p l.; 1I u ,::,1,ni1J11.\ 19 September 7, 2025, Item #7
-0
..., A robust flow monitoring data analysis will enhance model calibra t ion ~ efficiency and help prioritize future 1/1 reduction projects Once u,e flV\'/ monitoring clata ls collQcted, a ill0JOugh a11,1lysi~ is 1equired to u11clerslCM(I l11e quality of the data . io establish dry wet1tlH?1 flow p<1!le1ns. to qw:inliiy the? 1-'I response see11 in the? system. uncl to d-2v;;lop Ill met rics to !1<~lp und~~rstunci lt1c ,elativc impact of Ii i ll11ougl1out ll1c Lollcclio11 system •• ••••• •
OA/OC of Flow Monitoring Data
We will use time series plots. volume balance
checks ucross upstream trnd downstream
flow mon itors. and scntter graphs 10 guide
t11e usc1bility a( l11e de1la for ttle purpose of
ct1lilJrc.1lion. A c!etailcd r~view of scatter plots wrll 1,elp us identify enoneous cla\fl. such as level or
velocity drifl. <111c1 understand if we e:<periencec1
surcl1ar9cd/ln1ckwate r coridit ions or ot11er
notuble nycfraulic condilions .
. \ 1~ 1~~: 11r ,z,0 J) 1.r,r.c. Su ~ • a ir.c , n {' 0 ,1:, ,l 'ICi •••
I Seal/er grop/1 re~iew 1s o critlcof Ii;~/ ~l~p in cstob/1shin9 doto quol,ty ond understanding system hydraulics.
CAROLLO / PMOPOSJ\L I AUGUSt ;!C25
:-.•: •• •
Dry Weather Flow (DWF) Evaluation
DWF evt1luc1tions estub!ish events that are ideally
1clcnlificd i:is two periods of seven consecutive
days of ciry v1ct1ther. We will evuluclte dry Vleuther
flow Pillterns for eacl1 flow monitoring location
c:1nd will con1pare total dc1ily measured dry weather
flows to flows Uased on populalion/land use
and typicul unit {per crtpilcl) generi:ilton rates. to
11,:,hd.tic U1c dry wc;ither flmvs for coch r1rc,1. We
will prov ide daily peak. average:-<111d minimum
DWF (gpd) for v1eekduys and weekends; daily
Pt"ak. a•1erage and minimum wastewater (gpd) for
weekdays c111d weekends:1,vustewuter peaking
l'actors anct diurnal puttern (24/7) for w121e1<duys and wc ckencls; .ind clry VJC,1lhN IJ,lSC flow .
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I Corol/o"s process far dry Y1eotfler (low se/cclion estoblishes the fa undotionol buifr:Jing block of (he baseline models. Our Jeom hos extensive experienCt' cw1/uMing l•tge IIOlumcs of f/uw da/o.
STATEMENT OF SERVICES
-·--''"" '•··
• ••• ·•:•·
1/1 Analysis
Carollo will )lrEpare tat1les tlll:H sumniarize Vflrious Ill parnmeters , incll1di119 the peuk 1/1 to ADWF ralio, the percentage or min enter ing the system (R•Value),
infiltraU011 rates. and otllet rel~vc;mt met1ics. We will use ihis infomwtion as a basis for model cillibralion
und lo inform potentinl adclilional 1/1 reduction
<1ctivit1es, such us smoi<e tesling, v,ct weather
CCTV. end rehabilttalton.
r--"'J~~ ¥ ~ ;; ,~ .. ~i.;;~~~·~ ·~. ~-- ~~·· \\_~· .1:.:
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I Temperature mops of Ill meuics ore on easy way 10 visuoli1e whN e additional Ill reduc lion activitie s con be el(ec/ive
•••• ••••• •
Develop RTK Parameters
Tile development of R. T. and K pmameters for
e;ict, flow moni\01 ing bc1sin cun be .:-l lGd!ous
effort. For lhis ref!son . Corolla hr1s cleveloped un
i1H10use RTK Solver Tool lhilt 1,elps automti ~G the
dcvclopmenl of R. T. u11d K pcir~n1eters !or et1ch
flow monitoring b,1si11. The RTK Solver provides
,:1n intuitive graphical interface l11ot allov1s users
to ·see· how well t11c RTK solution fils tl1e di:1l<1
providing ;111 initial set of RTK for inpul 10 the
lnfoWo rks ICM moclel.
2.0 ~
- Flowmeter - ROIi
I
- Py!hon RTK Solver- ROIi
-Rainfall
1.5 ~
E
I 1.0
!
0.5 __/ ~
10 12
Time-(hr)
I Coro/Io's outomot ed RTK proceH mg roof pmvid es rapid onoly m of extend ed period flow and 1oinlo/J doto. While Sheer con provide R-vo/ucs. Corolla's tool will develop RTK poromct crs for crirlcol storm evcn ,s to occeletote the schedule.
14 ·r
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20 September 7, 2025, Item #7
Developing and calibrating a
sewer model and instituting a
QA/QC approach provides an
accurate predictive planning tool
to develop realistic capacity
related improvements
Carollo's approach to model calibration builds on our
model calibration workflow by using industry leading
flow, velocity, and level calibration at all the metering sites. The current industry standard is to calibrate
only to sewer flows, but by not calibrating to level
and velocity you may not be accurately simulating
hydraulic grade, which is the primary means with
which to size improvements and determine available
capacity. Carollo's model calibration workflow,
Model
Verification
Wet Weather
Calibration
1/1 Analysis
Dry Weather
Calibration
Flow Allocation
STATEMENT OF SERVICES
11411
shown on the right, follows a layered approach that
builds layers of accuracy, while applying calibration
standards at two separate phases. This detailed
methodology builds confidence in simulation results
and ultimately in facility evaluations and sizing.
I The model calibration work flow allows for the layering of dry and wet flows and builds accuracy in system simulations
_,_,w __ ,o .. _
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Flow, level, and velocity
all match measured data.
I Carol/o's method of calibrating to flow, level, and velocity increases confidence that the system performance is evaluated based on hydraulic grade. By only calibrating to flow, velocity and level can be off while still matching flows. This is critical because deficiencies and improvement sizing depend on level (hydraulic grade line) not flow. 21 of 39
CAROLLO / PROPOSAL / AUGUST 2025
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21 September 7, 2025, Item #7
A clear rationale is essential for identifying,
justifying, prioritizing, phasing, and costing
risk-based CIP recommendations.
Carollo will work closely with the City to develop a
list of prioritization criteria and factoi:-s that will be used to vet all project recommendations to
develop its risk-based CIP. Existing cash flow,
developer funding responsibilities, and rate
impacts will be factored into the decision making
to phase the recommendations such that near
term projects mitigate the most pressing issues
while maximizing available cash.
Once the list of recommended projects have been
prioritized based on risk, Carollo will use our internal cost-estimating tool to assign project cost for each
improvement. Our tool incorporates cost factors due
to location, time-based adjustments, and markups
customized for each project type. Developing accurate
planning-level cost estimates supports more reliable
budgeting and long-term fi11ancial planning for tl1e City.
Initiate risk
analysis
STATEMENT OF SERVICES
-
Prioritized
replacement
projections by year
_,..'. -. .,_ -- __ ,,_ ____ _
--~ -~=~--------~"~- /
. 1.cCi!r.;/lo
·1FC'------'--'---------+=-:=---=-;: "" " 1---···
... ~ I
•--:._L_::' -.--···-
, .. .. i
I Our cost estimation tool is built to provide
planning level costs for facilities like pipelines,
valves, pump stations, and storage tanks that
are rooted in industry as well as local cost
characteristics ..
$250
$200
~ $150
0 ~ $100
$50
$0
----~------< :::i
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$221.5
Existing Force Main
Improvements
$4.1 M
1%
$41.4
$8.0
$22.5 $22.0
$0.0
.-
2023-2025 2025-2030 2030-2035 2035-2040 2040-2045 2045-2050 II Existing Ratepayers ■ Future Ratepayers
22 of 39
CAROLLO / PROPOSAL / AUGUST 2025
Existing Lift
Stations ...
Flow Monitoring
$0.0?M
0.02%
I /
R&RPipelines
$16.4 M
5%
... J
Existing G"avity Main
Improvements
$23.2M
7%
I Carollo helped Elsinore Valley Municipal Water
District categorize and prioritize the capital
projects based on facility type, rehabilitation
and replacement versus capacity, and budget for
additional studies and analysis. Carollo worked with
the District to phase the projects based on risk and
timing as well as when new rates will go into place.
\\io-lxi-1\8 D-D/\T /\ \Ma1·keting\Pursu 1ts\Clie11 t:21 (S DO)\Poway\ Water-Sc,.vc I tvlostcrPkm s\Prop032 5\1 ndd\Se1,ver\O 3.St,1te111en tofSe1 vices-v 3 ~
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22 September 7, 2025, Item #7
' • I I
Digital Master Plans provide
a sustainable communication
platform that allows the City to
be nimble in response to changes
in planning assumptions and
capital program changes
For cities like Poway where community engagement
is key, the ability to communicate development
strategies and show justification of implementing
infrastructure improvements is a must. The main
issue with paper master planning reports is that they
are out of date the moment they are printed. Digital
platforms allow the City to be nimble when it comes
to adjusting to changes in infrastructure improvement
priorities and project justifications. Our digital tools are standard deliverables as part of this Master Plan.
Carollo's tools are customizable to provide the ability to adjust project timing.
STATEMENT OF SERVICES
'/
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I •• • -... "'. -• •• ~ '.:"--
- . ·--~---- ···-----~-
I Carollo has created digital dashboards for many types of master and capital funding projects and programs. Carollo created the CIP dashboard for the City of Greeley's Water Pollution Control Facility.
The dashboard included phasing, casts by category and year, as well as many other metrics. These dashboards can be customized to include many types of data, maps, and other metrics. Multiple platforms can be used such as Power Bl or Tableau.
I Carollo developed an ESRI Story Map for the City of Reno's (NV) Northwest Sewer Capacity Study. The link to view the StoryMap is below. The electronic master plan included multiple details related to project specifics as well as links to detailed project summary sheets or the complete master plan report. The Carollo team will work together, in collaboration with the City of Poway to develop a digital master plan that meets your goals. https://carollo.maps.arcgis.com/apps/MapSeries/ index.html?appid=984476d1348d4736aaedcedllcf9cl60
Ii
P1ojec: Timing
23 of 39
City of Poway
Cop1rol lmp:o.•e:1 .. em Progru111
l:y Pin,,c,ct D1i'IC
,_, ... "' ....
0 • i --: ., .. :-,. .... ,..,.-~, ..
, .. =- 1- _J.._ __
-,_, -,.,_ .. ..-, .. , ._ - .... -, __ ,.. __ ,.,
CAROLLO / PROPOSAL / AUGUST 2025
I A dynamic CIP dashboard in Power Bl allows
exploration of projects by driver and discipline (water resources/source of supply, treatment, transmission).
Our approach enables City staff to ecanomically
update this in-house by simply swapping out the
underlying Excel table.
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23 September 7, 2025, Item #7
Scope of Work
TASK 1. PROJECT MANAGEMENT
Task 1.1. Project Management
Project Schedule and Status Reports
Carollo has prepared an initial schedule with
pertinent milestones for the major tasks involved
in the project as part of the proposal. Carollo will
update the project schedule on a monthly basis as
necessary. An updated schedule will be presented
at the kickoff meeting. Carollo will prepare monthly
status reports and project schedule updates
that will be submitted with monthly invoices.
Project Administration
This task also includes managing the project team to
track time and budget, work elements accomplished,
work items planned for the next period, manpower,
scope changes, and budget needed to complete
the project. This task also includes the preparation
of monthly progress reports. The effort of this task is based on an eighteen (18) month project duration.
Task 1.2. Meetings and Workshops
Kickoff Meeting (In-Person)
During the in-person meeting, we will confirm
project objectives, introduce project team members,
establish communication lines for file sharing,
discuss the project schedule, review the data
collection list, and collaborate with City staff to
gather additional information. We will also discuss
the draft flow monitoring plan in this meeting.
Project Progress Meetings
Carollo will conduct 30-minute bi-weekly
progress meetings via Microsoft Teams. The
progress meetings will discuss project issues,
schedule, and any other relevant and pressing
issues. Carollo will prepare a brief meeting
agenda at least one (1) business day before each
meeting and submit meeting notes for each
meeting within five (5) business days after each
meeting. In addition, a detailed action item and
decision log will be maintained throughout the
project to facilitate smooth project execution and
clearly delineate responsibilities and deadlines.
All project status meetings will be virtual.
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CAROLLO / PROPOSAL / AUGUST 2025
STATEMENT OF SERVICES
Workshops and Meeting (Virtual)
Carollo anticipates seven (7) Workshops
and one (1) meeting will be scheduled
at key milestones as follows:
• Planning Design Criteria & Level of Service.
■ Wastewater Flow Factors.
■ Flow Monitoring Locations and
Installation Strategy.
■ Model Calibration & Wet Weather
Sensitivity Analysis.
• Existing System Evaluation.
■ Future System Evaluation.
■ Proposed Project Recommendations and
Preliminary CIP.
• Master Plan Review Meeting.
Task 1.3. Quality Assurance and
Quality Control
Carollo has developed Best Practices for its Master
Plans and developed QA/QC checklists for hydraulic
modeling projects. Carollo will follow its Best
Practices procedures, which include QA/QC checks
at six points during the master planning process:
Completion of demand projections, completion of
model development, completion of model calibration,
completion of system evaluations, completion of CIP
development, and draft and final report completions.
TASK 1 DELIVERABLES
■ Meeting agendas and minutes.
■ Monthly project progress reports with each
invoice and monthly schedule updates.
• Action Item and Decision Log updates.
TASK 2. DATA COLLECTION
AND REVIEW
Task 2.1. Data Collection
This task consists of data collection and review of the City's existing relevant planning/design documents
and design standards to support a capacity and
condition assessment of the collection system.
Carollo will develop a prioritized data collection log
that highlights the required data necessary for the
project, as well as background reports, and other
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relevant information. The data collection log will have priorities and City assignments for data collection.
The following existing information will be collected:
• Previous reports and planning documents.
• Land use data, general plan, specific plans, and
future planned land uses.
• Water billing data.
• Most current GIS data (including sewer gravity
mains, lift stations, force mains, sewer laterals,
sewer basins, city boundaries, existing land use,
general plan land use, parcels with on-site septic
systems, etc.).
• Facility information (pump curves, wet well sizes, lift station set points, emergency power equipment).
• Relevant SCADA data.
• Historical flow monitoring.
• Operational records for sanitary sewer operations.
• CCTV and maintenance records for sewer lines.
• Known aI·eas of sanitary sewer overflows,
bottlenecks, and key bypass manholes.
• Proposed development plans on file, including
those in discussion stages.
• City design standards.
• Lift station inspection data.
• Flow monitoring.
• Smart Cover data.
• Other relevant documents and data.
Based on a review of the information listed above,
Carollo will develop a list of information required to
close data gaps to develop the Master Plan, including
data missing in the City's GIS database for condition
assessment and for building the hydraulic model.
TASK 2 DELIVERABLES
• Data Collection Log.
TASK 2 ASSUMPTIONS
• GIS files provided by the City are current and
require minimal clean-up (about 16 hours).
• Up to 40 as-built sheets will be reviewed to update
facilities (e.g., pipelines, lift stations, manhole
inverts) in the model.
• Two-week turnaround time for staff to provide data
is suggested in order to stay on schedule. We will
work with City to adjust turnaround time
as needed.
25 of 39
CAROLLO / PROPOSAL / AUGUST 2025
STATEMENT OF SERVICES
• No system surveys will be conducted. If as-builts
are not available, interpolations between known
pipe or manhole inverts will be performed.
TASK 3. PLANNING DESIGN
CRITERIA & LEVEL OF SERVICE
After Carollo reviews the existing City standard
design criteria and establishes an understanding of
the City's existing system, a Planning and Design
Criteria & Level of Service Workshop will be held
to further understand and discuss existing system
conditions and planning considerations with
operators and engineering staff.
Task 3.1. Planning Design Criteria
Carollo will review the City's existing standard
design criteria and recommend updates based on
comparison with industry standards and guidelines
as well as planning and design criteria used by five
neighboring agencies of similar size and complexity.
Planning and design criteria will be evaluated for the
following categories:
• Maximum flow depth (e.g., d/D).
• Minimum and maximum pipe velocities.
• Minimum pipe slope.
• Manhole spacing.
• Lift station firm capacity.
• Design storm criteria.
• Wastewater Flow Factors
• Peaking factors by land use type and population
densities (for existing and future system modeling).
• Pipe material and minimum diameter requirements.
Based on City feedback, Carollo will establish cost
estimating multipliers to be applied to construction
cost to account for contingencies, engineering
design, permitting, environmental work, construction
management, and program implementation.
Task 3.2. Level of Service
Carollo will review the City's previous sewer
master plans, Sanitary Sewer Management Plan
(SSMP), capacity rights contractual agreements,
and other relevant data such as historical sanitary
sewer overflows (SSOs). historical metered
flows, and regulatory requirement for collection
systems, as well as City inputs, to evaluate the
City's existing wastewater collection system and
understand areas of concern within the system.
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Carollo will work closely with City Staff to define
service levels, identify potential causes and locations of SSOs, and develop a framework for risk-based
decision strategies for capital improvement plan (CIP)
development and prioritization.
Task 3.3. Land Use Density Maximization
Carollo will collaborate with City staff and tile
Water Master Plan consultant to update the density
generation rates by land use type, based on the
maximum allowable densities defined for each land
use category in the General Plan. This collaboration
supports consistency in land use density assumptions
across the Water and Sewer Master Plans. Carollo will
update the GIS data with the changes and submit it to
the City.
Task 3.4. Sewer Risk Framework and CCTV
Data Review
To support capital improvement project prioritization,
Carollo will develop a framework for risk-based
decision strategies. The risk framework will
consider the condition of the collection system
from information provided by the City and include
identifying probable risks and consequences to be
considered in developing and prioritizing the capital
improvement plan.
Carollo will review the CCTV condition data from the
City's GraniteNet data to identify areas of concern or
data anomalies to focus on for spot-checking against
the CCTV video records. Carollo will propose up to
15,000 linear feet of gravity sewer main for the spot
check review. This will include the existing 8-inch
gravity main located in Pomerado Road, north of
Stone Canyon Road. Carollo will submit tile proposed
alignments to the City for review and approval prior
to initiating the video review by a NASSCO PACP
certified member of Carollo's team.
Carollo will use the results of the CCTV spot
checking task described above, maintenance history
information provided by the City, and GIS attributes
for pipe install date, diameter, and material to develop a desktop condition assessment methodology
for evaluating the overall condition of the City's
gravity main infrastructure and for input into the risk framework described in Task 3.2.
Carollo will review and analyze the CCTV video
footage, GraniteNet scoring results, and other
relevant information provided by the City for the
Pomerado Road 8-inch gravity sewer to recommend
potential solutions to address identified anomalies in
the vertical profile.
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CAROLLO / PROPOSAL / AUGUST 2025
STATEMENT OF SERVICES
The results of the desktop assessment of the
gravity sewers will be used to identify replacement
recommendations for inclusion in the City's capital plan.
TASK 3 WORKSHOP
■ Planning Design Criteria Workshop: discuss
level of service, planning criteria, cost estimating
multipliers, and land use density maximization
updates for City feedback. Incorporate workshop
results into the draft chapter developed as part of
this task.
TASK 3 DELIVERABLES
■ Draft Chapter 3 -Planning Design Criteria & Level
of Service.
■ Land Use Density Maximization GIS data and
supporting files.
TASK 3 ASSUMPTIONS
■ The City's GIS attribute data, digitally available
maintenance history records, and GraniteNet
data export will be the data sources used for
the collection system piping existing condition
assessment.
■ The GraniteNet data consists of NASSCO PACP
compliant rating results that use the same pipe
identifiers as the City's GIS geodatabase.
TASK 4. WASTEWATER
GENERATION & FLOW
FACTOR DEVELOPMENT
Carollo will perform demographic and wastewater
flow analysis to predict current and future flows within the City's service area. The planning horizon includes
the following years: existing (2025), near-term (2035), and buildout. Carollo will work closely with the Water
Master Plan consultant to maintain data consistency
and streamline efforts.
Task 4.1. Existing Wastewater Flow
A temporary flow monitoring study is proposed for
hydraulic model calibration and 1/1 evaluation as
part of the Master Plan and details are provided
in Task 5.2. Carollo will analyze the City's existing
wastewater flow characteristics utilizing water billing data, historical flow data from City's permanent flow
meters, as well as data collected from the temporary
flow monitoring study. The existing average dry
weather flows (ADWF), peak dry weather flow
(PDWF), and peak wet weatl1er flows (PWWF) will
be estimated.
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Changes to commercial, industrial, and/or institutional users, which may contribute significantly to
wastewater flows, will be identified and investigated
individually through discussions with City staff.
In addition, Carollo will evaluate the existing City
topography and wastewater collection system,
to verify and update the accuracy of sewershed
collection boundaries and facilities for existing
and future developments. This effort will support
the development of wastewater flow factors by
confirming that metered water usage and flow data
are attributed to the appropriate areas, as well as
enabling more accurate allocation of flows for future
development planning.
Task 4.2. Wastewater Flow Factor
Development
Carollo will develop wastewater generation unit
factors by land use (including residential, commercial, industrial, and institutional land uses) to support
planning, design, and future flow projections. This
process will utilize water billing data, existing land
use information, population information, and both
permanent and temporary flow monitoring data.
Carollo will work closely with City Staff to identify areas connected to the system versus areas served by the
on-site septic system, as well as to identify customers with ADUs. For each land use, an area-based unit
factor (gpd per acre) and an equivalent-dwelling-unit
based unit factor (gpd per EDU) will be developed.
In addition, Carollo will work closely with City Staff
to identify and define key assumptions regarding
anticipated future growth within service areas,
considering factors such as mandatory water
conservation measures, ADU related legislations, and
flows from neighboring jurisdictions.
Additionally, Carollo will analyze the historical wet
weather flows associated with past historical storm
events, assess system 1/1 responses, and estimate the
average annual 1/1 rate for each major sewer basins in
gallons per day per acre (gpd/ac) or gallons per day
per inch-diameter per mile.
Carollo will present the draft wastewater flow factors, 1/1 characteristics, existing flow characteristics, and explain the methodology and evaluation process to
City staff in the Wastewater Flow Factor Workshop.
City comments will be incorporated to finalize the
wastewater flow factors.
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CAROLLO / PROPOSAL / AUGUST 2025
STATEMENT OF SERVICES
Task 4.3. Future Wastewater Flow Projections
Carollo will use the wastewater flow factors
developed in Task 4.2 and the future land use data
developed in Task 3.3 to project future wastewater
flows contributed in the system. This effort will
involve close collaboration with City staff to establish assumptions and determine the planning horizon
for converting existing septic users to connect to
the City's sewer system. Additionally, Carollo will
work with City staff and the Water Master Plan
consultant to align on key assumptions in projecting
future wastewater flows, such as water conservation
measures, ADU policies, and future 1/1 assumptions to
project the buildout ADWF, PDWF, PWWF for the City.
Task 4.4. Wastewater Generation Map
and Table
Existing ADWF and future ADWF will be estimated
at parcel-level and assigned to the closest model
manhole. An Excel table listing parcels with land
use type, acreage, wastewater flow unit factors,
loading model manhole, calculated existing
wastewater flow, and calculated future wastewater
flows will be provided. A GIS layer with the
same information will be provided to the City.
TASK 4 WORKSHOP
■ Demand Factor Workshop: review the draft unit
Wastewater Flow Factor Workshop: review the
draft flow factors and present the metl1odology
and evaluation process for determining the factors
for City feedback. Incorporate workshop results
into the draft chapter developed as part of
this task.
TASK 4 DELIVERABLES
■ Draft Chapter 4 -Flow Analysis.
■ GIS files.
TASK 5. WASTEWATER SYSTEM
MODEL DEVELOPMENT &
EVALUATION
Task 5.1. Model Software Selection
Carollo will provide recommendations to the City
on the model software choice for this Master Plan
be.fore any model building work starts. A technical
memorandum listing the pros and cons of modeling
software and compatibility with internal processes
along with a final recommendation will be provided
for City review. Carollo will prepare a Software
Selection TM and submit it to the City for review.
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SUBTASK DELIVERABLE
• Software Selection TM.
Task 5.2. Flow Monitoring
A temporary flow monitoring study is proposed,
aiming to collect flow data for l1ydraulic model
calibration and 1/1 evaluation. The temporary flow
monitoring study will capture dry weather flow
and wet weather flow. The selection of the flow
monitoring locations will be determined based on the
understanding of the existing system, such as known
deficiencies. historical spills violations, and identified potential 1/1 areas, which will be gathered through
data collection and review outlined in Tasks 2 and 3.
Carollo, in collaboration with K-Flow. will prepare a
draft flow monitoring plan whicl1 details the rationale behind the selection of eacl1 temporary flowmeter
site. The plan will include, at minimum, the following:
1) number of proposed meters and proposed rain
gauges; 2) initial proposed locations of meters
and gauges; 3) start date and duration of the flow
monitoring program. The flow rnonitoring plan will
include a sufficient number of flowmeters to allow
assessment of 1/1, and to verify and/or adjust dry
and wet weather characteristics within the hydraulic
model. Per RFP requirements, up to eigl1t (8) flow
meter locations for a period of five months starting
typically around October 2025 have been budgeted.
However, with our approach we should require
only one month. The City will then be credited for
the remaining months. Carollo will facilitate a Flow
Monitoring Locations and Installation Strategy workshop with the City's engineering and operations staff. Input from the workshop will be incorporated in the final
flow monitoring plan.
Site Reconnaissance: K-Flow will visit the proposed
flow monitoring sites to verify the suitability of
manholes (or other access structures) and/or
alternative locations for tl1e installation of flow
meters. Site reconnaissance will be limited to top
side investigations to verify manhole location,
accessibility, traffic control requirements, and check
hydraulic conditions. K-Flow will consult with Carollo
and the City if alternative manholes are required for
flow monitoring and will gain approval 011 differing
sites before proceeding with meter installation. If site reconnaissance identifies hazardous conditions (for
example, manhole depths> 30 feet, elevated gas
levels that cannot be cleared, etc.), K-Flow
will work with Carollo and the City to identify
suitable alternatives.
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CAROLLO / PROPOSAL / AUGUST 2025
STATEMENT OF SERVICES
Rainfall. K-Flow will provide a comprehensive rainfall
analysis covering the relevant flow monitoring basin
areas of the City sanitary sewer collection system
utilizing publicly available rain gauges. Initial review indicates over 40 rain gauge locations will be
available to supplement the rainfall analyses. Rainfall analyses will include appropriate rain allocation and
triangulation to flow monitoring basins and rain
event classifications.
Install/Calibrate/Remove Flow Meters: K-Flow will
recommend the appropriate metering technology
for the flow characteristics and hydraulic conditions.
K-Flow will prepare flow monitoring equipment with
the associated personnel necessary for installing
and removing the flow meters. K-Flow will document
the following information: location map with address,
pipe size/shape/dimensions, manhole identification
number, flow channel condition, site schematics, and
photographs. A K-Flow crew witl1 a field truck and the
necessary confined space entry (CSE), simple traffic
control, and flow monitoring equipment will install,
calibrate, maintain, and remove the flow meters to
collect dry-and wet-weather flow data. K-Flow will
verify data integrity and confirm that the meters are
operational and clear of debris. Maintenance and
meter malfunctions will be documented and reported
as soon as they are observed. Flow meters will
be area-velocity flow rneters capable of collecting
flow level and velocity measurements in free-flow
and surcharged hydraulic conditions. K-Flow will
be prepared to extend the duration of the flow
monitoring period as requested by Carollo. Carollo/K
Flow will prepare a Flow Monitoring Plan and submit it
to the City for review.
SUBTASK DELIVERABLE
• Draft Flow Monitoring Plan.
Task 5.3. Flow Monitoring and
Ill Analysis Study Report
Following the flow monitoring activities and after
the meters are removed, K-Flow will download and
reduce the data in 15-minute intervals into Excel
spreadsheets for data analysis, data QA/QC, and
report preparation. A draft and final version of the
Flow Monitoring and 1/1 Analysis Report will be
prepared and submitted in electronic format (PDF).
The report will include the following information:
• Summary of the flow monitoring equipment.
• Location maps with addresses, pipe sizes, manhole
identifier nurnbers, flow channel conditions, site
schematics, and photographs.
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• Flow monitoring data with tabular outputs of depth,
velocity, and flow rate and hydrographs of depth.
velocity, and flow rates for each flow meter.
• Isolation and quantification of 1/1 flows per site and per monitoring basin.
■ Identification of inflow versus infiltration metrics. • Normalized ranking of flow monitoring basins by
inflow and infiltration characteristics.
• Determination of local Rainfall Intensity-Duration
Frequency (IDF) curves and NOAA determination
of storm event classifications (if valid and relevant). • Total rainfall over the flow monitoring duration.
■ Triangulated rainfall data to the flow monitoring
sites/basins.
The Carollo/K-Flow team will review and analyze flow
monitoring and rainfall data to determine minimum,
average, and peak dry and wet weather flow rates
and 1/1 quantities for each of the monitoring locations.
The Carollo/K-Flow team will prepare a Draft Flow
Monitoring TM that includes the following: executive
summary, introduction and background, methods
and procedures. selection process of flow monitoring
devices, monitoring locations and presentation of
data, and summary of flow monitoring data including
graphs, diagrams and infographics. The report will
present the ADWF, PDWF, PWWF, and estimated 1/1,
and describe the process used to estimate the flows.
A two-week review time is assumed for the City to
provide comments. The final TM that incorporates the
City's comments will be included in the Master
Plan report. Carollo will prepare a Flow Monitoring
and 1/1 Analysis Report and will be submitted to the
City for review.
SUBTASK DELIVERABLES
• Final Flow Monitoring.
• Draft and Final 1/1 Analysis Report.
Task 5.4. Base Model Development
Model Build: Based on GIS data provided by the
City, Carollo will build the sewer network in the
model. Carollo will adjust sewershed boundaries
in the model as part of this effort upon reviewing the
topograpl1y and flow directions in the system The
Carollo team will review up to 40 as-built sheets for
pipeline, manhole, or lift station data not currently in GIS.
Base wastewater flows and diurnal curves from Task 4
will be allocated to model nodes. Pump curves will be
updated based on the latest pump test data, if available.
Model Scenarios: Carollo will develop existing, near-
29 of 39
CAROLLO / PROPOSAL / AUGUST 2025
STATEMENT OF SERVICES
term and buildout scenarios for ADWF, PDWF, and
PWWF. Up to 9 scenarios have been budgeted.
Model Calibration: Carollo will calibrate the hydraulic model of the sewer collection system using flow data
collected during the flow monitoring period. The
model will be calibrated to both dry and wet weather
flow conditions. Dry weather flow calibration will be
conducted to confirm that the City's model accurately
simulates flows, levels, and velocities measured by the temporary flow meters for dry weather flow conditions.
Wet weather flow calibration will be conducted based
on flow monitoring data collected during significant
rainfall events.
Wastewater base flows, 1/1, and sewer hydraulics
in the model will be adjusted during the model
calibration process. Carollo will perform the
calibration using an extended period model
simulation. Carollo will model 7 days for ADWF, and
the duration captured during the wet weather flow
monitoring.
Depth, flow, velocity, volume, and 24-hour diurnal
patterns will be used as the calibration parameters.
The calibration goal is to be within 10 percent of the
reliable portion of the observed data. Carollo will
also conduct model simulations to confirm the wet
weather peaking factors.
Carollo will perform a preliminary system evaluation
to understand the impacts of capacity evaluation
criteria. Results of a sensitivity analysis to balance
risks and costs will be shared with the City.
A Model Calibration & Wet Weather Sensitivity
Analysis Workshop will be held with the City
Engineering and Field Operations Departments to
present recommended improvements and obtain
City input. Hydraulic Model Development will be
submitted to the City for review.
SUBTASK DELIVERABLE
• Draft Chapter 5 -Hydraulic Model Development.
Task 5.5. Existing System Evaluation
Carollo will develop tables summarizing existing
system facilities, containing lists and characteristics of system pipelines, lift stations, force mains, siphons, discharge outlet points, sewer basins, and description
of flow paths. In addition, Carollo will prepare a 24-
inch x 36-inch wall map of the City's existing sewer
system for City review. After incorporating City
comments, tl1e finalized wall map will be printed.
Two(2) foam board mounted color maps sized 24 x 36
inches will be submitted. The cost associated with a
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3D-raised relief map is included under Task 11.
Using the calibrated model, Carollo will evaluate the
system under peak dry weather flow and peak wet
weather flow using the selected design storm. Carollo
will identify locations with predicted surcharges and
spills and will meet with the City to discuss findings
from the capacity analysis. Draft Chapters 1 & 2 -
Existing System and Chapter 6 -Existing System
Evaluation, will beprovided for City review.
SUBTASK DELIVERABLES
■ Draft Chapters 1 & 2 -Existing System.
■ Draft of Chapter 6 -Existing System Capacity
Evaluation.
Task 5.6. Lift Station Field Condition
Assessment
Carollo's team of discipline leads will conduct a visual inspection of the accessible infrastructure and major
equipment at the City's 5 wastewater lift stations. The level of effort for this task is based 011 a team of 2
people for 1 day in the field to assess the mechanical, civil, structural, electrical, and instrumentation &
controls at the 5 lift stations.
It is expected that City staff familiar with the
infrastructure and equipment at the lift stations will
accompany Carollo's assessment team to provide
input on maintenance history, reliability issues,
and other concerns to be documented. Input from
operations, maintenance, and/or management
staff dur•ing the assessment will be critical to
understanding and documenting issues that are not
evident from the visual inspections and the criticality of the assets. The Carollo team will also look for
code and safety violations and concerns and will
record findings as part of this effort. The findings from the visual field assessment will be used to develop
planning level recommendations for rehabilitation or
improvement projects.
SUBTASK DELIVERABLE
■ Draft of Chapter 8 -Condition Assessment will be
provided for City review.
Task 5.7. Future System Evaluation
Carollo will evaluate the system with buildout
flows under peak dry weather flow and peak wet
weather flow conditions using tl1e selected design
storm. Carollo will identify locations with predicted
surcharges and spills and will meet with the City to
discuss findings from the capacity analysis.
30 of39
CAROLLO / PROPOSAL / AUGUST 2025
STATEMENT OF SERVICES
SUBTASK DELIVERABLE
■ Draft of Chapter 7 -Future System Evaluation.
Task 5.8. Proposed Capacity Improvement
Recommendations
Carollo will develop a prioritized list of recommended
capacity improvement projects to address the
identified capacity constraints from the existing and
future system evaluations. Carollo will update the
hydraulic model to include the proposed solutions
and confirm that the proposed solutions enable
the system to adequately convey flows from peak
dry weather and design storm flow conditions. CIP
projects recommended in 2013 SMP will be used as a
starting point for this effort.
As part of this effort, Carollo will evaluate the
Oak Knoll Siphon, a critical juncture in the City's
collection system which conveys all City flows to
San Diego's system. Due to its age and ongoing
maintenance challenges, the City is considering
alternatives to eliminate the siphon. Carollo will
evaluate the capacity and conditions of the Oak Knoll
Siphon based on hydraulic model results, previous
condition assessment report, and City inputs and
make improvement recommendation accordingly.
TASK 5 WORKSHOP
■ Model Calibration & Wet Weather Sensitivity
Analysis: present recommended improvements
and obtain City input.
■ Existing System Evaluation Workshop: discuss the
results and associated causes of concern for City
feedback. Incorporate workshop results into the
draft chapters developed as part of this task.
■ Future System Evaluation Workshop: discuss the
results and associated causes of concern for City
feedback. Incorporate workshop results into the
draft chapters developed as part of this task.
TASK 5 DELIVERABLES
■ Software Selection TM.
■ Draft and Final Flow Monitoring and 1/1
Analysis Report.
■ Draft Chapter 5 -Hydraulic Model Development.
■ Draft of Chapters 1 & 2 -Introduction and
Existing System.
■ Draft Chapter 6 -Existing System Capacity
Evaluation.
■ Draft Chapter 7 -Future System Capacity
Evaluation.
■ Draft Chapter 8 -Condition Assessment.
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TASK 5 ASSUMPTIONS
■ K-Flow can handle simple traffic control (TC) setups
(truck-mounted light board and < 15 TC cones per
site) as required for this project. K-Flow cannot
support complex or high-speed TC set-ups; these
will require a traffic control contractor. Based on
initial review of the site locations, K-Flow assumes
there will not be any need for a traffic control
contractor.
• City will provide site accessibility as needed.
• The City will be credited for flow monitoring
months not used.
TASK 6. SEWER MASTER PLAN
UPDATE
Task 6.1. Capital Improvement Plan
Based on results from the evaluations, Carollo will
develop improvement recommendations to meet
the City's planning and design criteria for capacity
and conditions. The projects will be prioritized using
the level of service and risk criteria established in
Task 3. Carollo will coordinate with City staff to apply unit cost factors developed in Task 3 for planning
level cost estimates for each improvement project.
The estimates will be AACE International Class 5
estimates. The projects will be based on findings from
the 1/1 analysis, capacity evaluation, and condition
assessments. Carollo will provide an electronic list in Microsoft Excel, which will include a summary sheet
for each project consisting of a project description,
map, scope (e.g., construction, permitting, estimated
duration), probable cost, and relationship of
projects to growth and other triggers. The projects
will be prioritized based on risk scoring that
incorporates criticality and need for improvement.
Carollo will facilitate a workshop (Proposed Project
Recommendations and Preliminary CIP Workshop) to
present the recommended improvements to obtain
input from the City. Carollo will incorporate input
from the workshop and prepare a near-term (10-year)
risk-based Capital Improvement Plan (CIP). The CIP
will identify replacements and improvements needed
to meet existing (2025), near-term (2025-2035), and
buildout flows. Carollo will prepare a draft chapter
for the cost estimation and CIP development.
SUBTASK DELIVERABLES
■ Draft of Chapter 9 -Cost Estimation Methodology.
• Draft of Chapter 10 -Capital Improvement Plan.
31 of 39
CAROLLO / PROPOSAL / AUGUST 2025
STATEMENT OF SERVICES
Task 6.2. Draft Sewer Master
Plan Update Report
Carollo will address comments from the City and
combine the draft chapters developed in Tasks 2
through 5 to develop the Draft Sewer Master Plan
Update Report consisting of project background,
objectives, assumptions, design criteria, and
analysis results to 1·eflect current conditions and
recommended improvements to the existing and
future wastewater collection system. The Report
will describe the decision strategy (developed
in Task 3) and rationale for identifying, justifying,
prioritizing, and costing the CIP recommendations.
An executive summary will be added to the draft
chapters to form a Draft Report as outlined below:
• Executive Summary.
■ Chapter 1 -Introduction.
■ Chapter 2 -Existing System.
■ Chapter 3 -Planning Design Criteria & Level of
Service.
■ Chapter 4 -Flow Analysis.
• Chapter 5 -Hydraulic Model Development.
■ Chapter 6 -Existing System Capacity Evaluation.
■ Chapter 7 -Future System Capacity Evaluation.
• Chapter 8 -Condition Assessment.
■ Chapter 9 -Cost Estimation.
■ Chapter 10 -Capital Improvement Plan.
■ Appendices.
After tl1e City staff completes their comments on tl1e
Draft Sewer Master Plan Update Report, Carollo will
meet with City staff to review comments. Draft Master
Plan Report with Appendices will be provided for
City review and a comment log will be prepared.
Task 6.3. Final Sewer Master Plan Update
Report
Based on comments provided by the City, a Final
Master Plan will be prepared. Carollo will provide
standard digital delivery as part of this effort to
provide staff with a GIS-based tool with model output
results that can be incorporated into the City's GIS
system to view capital improvement projects. We will
host the digital master plan tool at no cost during the project duration plus an additional 4-month period
after the official project completion. Additional effort can be provided and is listed under Optional Task 7.1.
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31 September 7, 2025, Item #7
Task 6.4. City Council Meeting
Based on comments provided by the City, Carollo will
attend and prepare for one (1) public meeting.
TASK 6 WORKSHOP & MEETING
• Proposed Project Recommendations and
Preliminary CIP Workshop: present the
recommended improvements to obtain input from
the City.
• Master Plan Review Meeting
TASK 6 DELIVERABLES
• Draft of Chapter 8 -Cost Estimation.
• Draft Chapter 9 -Capital Improvement Plan.
• Draft Master Plan Report: five (5) hard copies and
one (1) editable electronic copy.
■ Final Master Plan Report: ten (10) hard copies and
one (1) electronic copy (including all text, figures,
tables, maps, and model).
• Comment Log.
TASK 6 ASSUMPTIONS
• Two rounds of comments have been budgeted.
32 of 39
CAROLLO / PROPOSAL / AUGUST 2025
STATEMENT OF SERVICES
TASK 7 OPTIONAL TASKS
Task 7.1. Digital Delivery
Carollo can provide the City with a Digital Master
Plan to adjust planning needs post-project as City
requirements change to provide the City with a
flexible, 'living' Master Plan adapting to evolving
system demands over time is an ideal planning tool.
A representative budget has been included in our fee
estimate, but can be customized upon City needs.
Task 7.2. Additional Modeling Scenarios
Carollo has budgeted for five (5) modeling and
associated documentation for additional modeling
scenarios that may be required for system
evaluations or alternative improvements.
Task 7.3. 3D-Relief Map
Carollo has budgeted for the development of a
3D-Relief Map of the sewer collection system. The
map will be laminated to allow one to write with
erasable markers. Cost estimate includes labor and
shipping. Installation costs are not included.
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Carollo Title
Administrative Support
Analyst
Engineering Intern
Lead Professional
Principal Professional
Professional
Senior Analyst
Senior Professional
Staff Professional
Staff Analyst
Supervising Analyst
Supervising Professional
PECE
Other Direct Expenses
Travel and Subsistence
Mileage at IRS Reimbursement Rate Effective January
1, 2024
Subconsultant
Other Direct Cost
Expert Witness
Hourly Rate
$157.00
$210.00
$138.00
$265.00
$334.00
$220.00
$244.00
$285.00
$185.00
$170.00
$265.00
$305.00
$16.00
Cost+ 10%
$0.70 per mile
Cost+ 10%
Cost+ 10%
Hourly Rate x 2.0
This fee schedule is subject to annual revisions due to labor adjustments 35 of39
CAROLLO / PROPOSAL / AUGUST 2025
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Technicians
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EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering' s California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person rece1vmg 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)
36 of 39
(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 September 7, 2025, Item #7
appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2) A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f) A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
37 of 39
(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.
September 7, 2025, Item #7
(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 Sections 24214. 24214.5 or 26812 of the Education Code.
(i) This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
Note-
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
38 of 39
September 7, 2025, Item #7
WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Consultant to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the 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." Consultant
By:
Title
Date
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
39 of39
September 16, 2025, Item #8
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
September 16, 2025
Honorable Mayor and Members of the City Co
1 ~ncil
Eric Heidemann, Director of Public Works /; If'
Robert Weber, P.E., Principal Civil Engineer -Utilities ~ ~ (858) 668-4717 or [email protected] \---
CITY COUNCIL
Award of Agreement to Kennedy/Jenks Consultants, Inc. for Water Master Plan Update, RFP No. 26-003
A request for proposals (RFP) for the Water Master Plan Update, RFP No. 26-003, was duly advertised on July 10 and July 17, 2025. Four (4) proposals were received on August 12, 2025. Staff reviewed the proposals submitted and recommends Kennedy/Jenks Consultants, Inc. (KJ) as the consulting firm to provide the Water Master Plan Update for the City of Poway (City). Staff determined KJ best meets the evaluation criteria and addresses the needs of the City. The length of this Agreement shall be two (2) years beginning on September 17, 2025, through September 16, 2027. The Agreement may be extended through a total of three (3) separate one-year terms.
Recommended Action:
It is recommended the City Council award the Agreement for the Water Master Plan Update, RFP No. 26-003, to Kennedy/Jenks Consultants, Inc., and authorize the City Manager to execute the necessary documents.
Background
With the goal of increasing the reliability of drinking water for water customers now and for generations to come, the City is undertaking its largest capital improvement program in the City's history, referred to as the Water Infrastructure Improvement Program (Program). The Program was presented to the City Council as an informational item, to provide updates and to request approval of the various components on March 18, 2020; June 16, 2020; October 20, 2020; November 17, 2020; March 16, 2021; April 20, 2021; June 1, 2021; July 20, 2021; August 17, 2021; April 5, 2022; October 18, 2022; February 7, 2023; May 16, 2023; August 15, 2023; September 19, 2023; November 19, 2024 and April 15, 2025. A comprehensive summary of the project background and status including photos and recent time lapse construction video can be found on the project webpage: https://poway.org/water projects.
1 of 32
September 16, 2025, Item #8
Program Overview
Poway inherited its water distribution system when it incorporated in 1980. Safety standards have evolved overtime and while the City conscientiously budgeted for Water Infrastructure Improvements, this Program addresses key improvements identified in a mutual agreement with the State of California Water Resources Control Board Division of Drinking Water (DOW). It includes the following three projects:
Phase I -Clearwell Bypass Project
The Clearwell Bypass Project consists of temporary and permanent bypass pipelines, a temporary pump station, a pressure regulating station and two temporary bypass tanks. Each tank has a storage capacity of 1.4 million gallons (MG). The bypass pipelines, pump station and pressure control facility are located within City property at the Lester J. Berglund Water Treatment Plant (Berglund WTP) site, as well as the Public Works Operations Yard and parking lot. The two temporary tanks are located on the softball field at Lake Poway Park. This bypass system allows the Clearwell to be taken offline for replacement.
Phase II -Clearwell Replacement Project
The Clearwell Replacement Project consists of replacing the existing lined and covered embankment style Clearwell with two new 4-million-gallon prestressed concrete tanks. The existing Clearwell had reached the end of its useful life and needed replacement to maintain reliable service to Poway residents. The overflow structure of the Clearwell will also be replaced with new DOW compliant overflow pipes with air gaps.
Phase Ill -Treated Water Facilities Project
The Treated Water Facilities (TWF) Project provides Poway with its first treated water connection and is a cooperative project with the Ramona Municipal Water District (Ramona). The project includes flow bifurcation control valves, a pump station, forebay and a transmission pipeline providing redundancy to the existing single transmission pipeline on Lake Poway Road.
Water Master Plan
The Water Master Plan compliments the Water Infrastructure Improvement Program by focusing on the distribution system. The last update to the City's Water Master Plan was performed in 2008. The 2025 Water Master Plan Update will update the water hydraulic model, update demand projections, assess the current condition and operability of the water distribution system including fire flow, and recommend a new 10-year water capital improvement program (CIP). The revised CIP list based on the Master Plan update will contain prioritized recommendations for the City to pursue in upcoming fiscal years and will not impact the upcoming water rates in the current rate study. In addition to serving as a data source for capital planning, the Water Master Plan update, may also be relied on to inform future City water development impact fees.
Discussion:
City staff prepared a detailed RFP to select and retain a qualified consultant to prepare the Water Master Plan Update. The RFP was advertised on July 10 and July 17, 2025. The City received four (4) proposals on August 12, 2025. An evaluation committee consisting of staff from the Department of Public Works and Development Services Department reviewed the proposals based on criteria set forth in the RFP, which included thorough_ness of the RFP, firm and project team qualifications, project understanding and approach, and project experience. Although the proposed fees were reviewed to confirm proposers understood the scope of the project, the City is not required to select the lowest 2 of32
September 16, 2025, Item #8
fee proposal for professional services contracts. The table below alphabetically lists the proposed not-to-exceed fee amounts from the responsive proposers:
Table 1: RFP 26-003, Water Master Plan Update
Responsive Proposers
Proposer City Total Fee for
Base Scope
Carollo Engineering, Inc. San Diego, CA $397,934
Dudek Encinitas, CA $298,440
EKI Environment & Water Inc. Daly City, CA $386,600
Kennedy/Jenks Consultants, Inc. San Diego, CA $370,884
Total Fee
w/Optional
Tasks
$480,330
$344,040
N/A
$401,285
As a result of the proposal evaluation, the evaluation committee determined KJ provided the most comprehensive and best value proposal, had a clear understanding of project requirements, exhibited unique knowledge of the City, and precisely defined the approach and methodology to accomplish the City's goals. Kj's proposal demonstrated extensive knowledge of the City's water distribution system and proposed creative ideas for maximizing system storage and optimizing the City's pressure zones. In addition to outlining a thorough methodology and approach, KJ applied system-specific knowledge acquired from working on previous and ongoing City projects. KJ proposed potential optional scope tasks for the City's consideration to include evaluation of system performance under various outage scenarios as well as energy efficiency and holistic power failure analysis.
Consultant costs for the Water Master Plan Update are eligible for reimbursement through a $1 million US EPA federal grant (No. 97T33801) which the City received through the Fiscal Year 2023 Consolidated Appropriations Act (P.L. 117-328) for Community Projects. Funds were secured with the assistance of Congressmember Scott Peters in 2022 to reimburse City costs associated with planning, design, and construction of drinking water, wastewater, and stormwater infrastructure and for water quality protection.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Sufficient funds are available in the relevant Capital Improvement Program project account WT047 to award the Agreement for Water Master Plan Update for the recommended amount of $370,884. The City proactively planned for this project as part of the development process for the Fiscal Year 2025-26 budget, with funds appropriated from the Water Capital Improvement Fund (5110).
Consultant costs for the Water Master Plan update are eligible for full reimbursement from the City's USEPA Federal Grant No. 97T33801 (Fund 2530; $400,000 grant).
Utilizing grant funding for this project will have a rate suppression effect compared to utilizing water rate revenue from water customers. Poway combines grant funding opportunities with other functions which have a rate suppression effect, including; procuring multiple bids for projects to ensure preferential pricing, utilization of water connection fees from new development to offset rate revenue for Capital Improvement Program projects, advanced discussions with the Ramona Municipal Water District for a water sales agreement from Poway, and others. 3 of32
September 16, 2025, Item #8
Public Notification:
None.
Attachments:
A. Standard Agreement
Reviewed/Approved By:
Assistant City Manager
4 of32
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
September 16, 2025, Item #8
City of Poway
STANDARD AGREEMENT FOR SERVICES
This AGREEMENT, entered into this 17th day of September, 2025, by and between the CITY OF POWAY (hereinafter referred to as "CITY") and KENNEDY/JENKS CONSULTANTS, INC., (hereinafter referred to as "CONSULTANT").
RECITALS
WHEREAS, CITY desires to obtain the services of a of a private consultant to perform engineering design services for the Water Master Plan Update (PROJECT); WHEREAS, CONSULTANT is a(n) specialized engineering design firm and has represented that CONSUL TANT possesses the necessary qualifications to provide such services; and
WHEREAS, CITY has authorized the preparation of an AGREEMENT to retain the services of CONSULTANT as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination 5 of32 ATTACHMENT A
September 16, 2025, Item #8
for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests' conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant 6 of32
September 16, 2025, Item #8
represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
[gl 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Eric Heidemann, Director of Public Works
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.
7 of32
September 16, 2025, Item #8
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession.
Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees.
(b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For 8 of32
September 16, 2025, Item #8
Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
( c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers.
(d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15 (a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance of its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to City projects.
9 of32
September 16, 2025, Item #8
City shall have the unrestricted right to order the removal' of any person( s) assigned by Consultant by giving oral or written notice to Consultant to such effect.
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in ac~ordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure Section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by electronic transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 10 of 32
September 16, 2025, Item #8
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Consultant hereby certifies that all persons providing services to City by Consultant are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.
Consultant further provides that in the event Consultant assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code Section 7522.56. A copy of Government Code Section 7522.56 is attached hereto as Exhibit "B."
Further, Consultant hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Consultant to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank.)
11 of 32
September 16, 2025, Item #8
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
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By: ___________ _
Alan Fenstermacher, City Attorney
12 of 32
KENNEDY/JENKS CONSULTANTS, INC.
By: ___________ _
Paul Chau, PE, Vice PresidenU
Technical Advisor
September 16, 2025, Item #8
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the engineering design services for the Water Master Plan Update, further described in the Scope of Services submitted with the proposal dated August 12, 2025, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposal dated August 12, 2025, which are included in this document as Attachment 2.
Total fee is not to exceed $370,884.00. Consultant's fee shall include, and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates.
Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall be effective from the period commencing September 17, 2025, and ending September 16, 2027, 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 the written approval of both the City Manager and the Consultant. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first two years of the agreement, the Consultant'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 September 17, 2027. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
13 of 32
September 16, 2025, Item #8
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
14 of 32
September 16, 2025, Item #8
E.
Notices. All
notices,
billings
and
payments
hereunder
shall
be
in
writing
and
sent
to
the
following
addresses:
To
City
:
To
Consultant:
15 of
32 City
of
Poway
Department
of
Public Works
-Utilities
P.O
. Box
789
Poway,
CA
92074
Kennedy/Jenks
Consultants,
Inc
.
9325
Sky
Park
Ct.,
Suite
310
San
Diego,
CA
92123
September 16, 2025, Item #8
ATTACHMENT
1 D
Statement
of
Services
Understanding The
City's
previous
Potable
Water
Master
Plan
Update
was
completed
in
June
2008.
The
City
desires
to
complete
a
comprehensive
update
to
the
Potable
Water
Master
Plan
(Project)
that
is
well
organized
and
meets
all
State
of
California
requirements
and
the
objectives
further
identified
in
the
City's
Water
Master
Plan
Specifications.
Particularly,
the
City
wants
to
develop
a ten-year risk-based
capital
improvement
plan
in
addition
to
analyzing
specific
distribution
system
constraints
and
opportunities
for
improvement.
Although
the
Project
will
generally
identify
risks
and
consequences
as
part
of
its
evaluation
of
the
distribution
system,
a full
risk
assessment
which
includes
a likelihood
and
consequence
of
failure
analysis
is
not required.
As
a
separate
project,
the
City
is
currently
updating
and
calibrating
its
lnfowater
hydraulic
model
and
KJ
will
be
required
to
utilize
this
model,
including
running extended
period
simulations
to
model
and
assess
the
water
age
within
the
distribution
system.
Our
Team
includes
Mission
Consulting,
who
will
be
updating
and
calibrating
the
hydraulic
model.
The
City
will
be
provided
with
a team
ready
to
hit
the
ground
running
with
our
unparalleled
institutional
knowledge.
Based
on
our
Team's
recent
work
with
the
City,
the
following
key
issues
have
been
identified:
• Antiquated
Water
Master
Plan
that
doesn't
reflect
the
current
operating
environment
and
water
usage
patterns • Outdated
water
supply
and
water
demand
projections
in
comparison
to
the
regularly
updated
Urban
Water
Management
Plans
• Recent
improvements
to
the
City's
water
supply
and
distribution
system
reliability
should
be
documented
by
the
updated
Water
Master
Plan
• Energy
costs
within
the
region
have
significantly
changed
which
may
affect
the
efficient operation
of
the
water
distribution
system
• Maintaining
acceptable
water
quality
while
balancing
system
redundancy
is
a
constant
threat
that
all
water
agencies
face
in
today's
regulatory
environment
• The
City
lacks
a 1
0-year
Capital
Improvement
Plan
to
ensure
that
the
annual
budget
approval
process
provides
for
the
effective
use
of
City
funds
and
prioritizes
planned
water
system
improvements
• The
Water
Master
Plan
document
needs
to
document
the
planning
and
design
criteria
used
by
the
City
and
to
establish
the
acceptable
level
of
service
to
be
provided
to
its
customers
• There
are
opportunities
to
improve
the
efficiency
of
the
water
distribution
system
and
to
determine
if
existing
facilities
should
be
modified
or
removed
and
which
new
facilities
should
be
paid
for
by
future
development
Approach KJ's
approach
to
the
Project
will
provide
the
City
with
a defensible
and
cost-effective
Master
Plan
that
the
City
can
use
as
a
guide
for
CIP
development
over
the
next
10 years.
The
following
section
highlights
three
key
features
of
our
project
approach
that
will
provide
the
City
with
cost
savings
and
reduced
risk.
16 of
32 CITY
OF
POWAY
I WATER
AND
SEWER
MASTER
PLAN
12025
20 KENNEDY/JENKS
CONSULTANTS,
INC
.
September 16, 2025, Item #8
Proposed Conceptual
Alternative to be
Evaluated for the
Celestial and Espola
Reservoirs
,· Removing the Celestial Reservoir
reduces maintenar1ce cost and
the risk of an unused facility.
•· The high water level for the
Pomerndo & Welton Reservoirs
would match the 820 PZ
which enables the full use of
each tank"s storage volume,
providing additional operating
and emergency storage and
improving the operation of the
pressure reducing facilities for
the 715 PZ.
✓ Restoring the operational
capacity of the Espola Reservoir
wlil provide additional operating
and emergency storage and will
improve the consistency of the
water level in the 865 PZ.
., Adjusting the pressure
zone boundaries, based on
topography and existing tank
levels, improves the customer's
range of water pressure.
LEGEND
~ Tank / Reservoir
~ Pressure Reducing Station (PRS)
865 Pressure Zone (PZ)
715 Pressure Zone (PZ)
CITY OF 110\'l,\Y I '.' . .',li-:1 ;.:10 S~'.',Til /.'.',Sli\l Pl.',!! I :,·~•:'5 Figure 1: Proposed Conceptual Alternative to be Evaluated for tl1e Celestial and Espola Tanks 21 D 1 Stc)iement of Serl/ic2s
Customized Master Plan that Addresses Your Needs
We will leverage our team's recent experience working with the City to provide customized solutions that meet your specific needs. An example of this is provided in Figure 1, which shows a potential system modification that allows the Celestial Tank to be taken out of service permanently. This will save money for the City by avoiding capital and O&M expenditures for the Celestial Tank and will increase the usability of the Espola, Pomerado and Welton Tanks.
In addition, the proposed scope of work includes optional system analyses that will provide valuable insight to the City for outage scenarios and system re configurations. These analyses will help the City reduce service risk and save money. The following scenarios are proposed:
• Outage Scenario -SDCWA/Ramona lnteragency Connection Only • Outage Scenario -Emergency Connections Only
• Outage Scenario -Combined lnteragency and Emergency Connections • 865/715 PZ Boundary Modification (New 820 PZ)
• Energy Cost Efficiency Analysis, Existing Demands -optimize pump station run times to minimize costs to the City based on time-of-use rate schedules • Holistic Power Failure Analysis -evaluate the City's needs for emergency storage, portable generators, and staffing in a programmatic and coordinated analysis to address an emergency power outage condition • Pipeline Criticality Analysis -identify pipelines that have high consequences of failure that may warrant redundancy
Benefit to the City: Customized solutions will address the City's specific system needs and provide opportunities to save money.
Where Have We Done This Before?
✓ Riverside Public Utilities, Focused Water Master Plan ✓ City of Thousand Oaks, Water Storage Optimization Study ✓ City of Carlsbad, Water & Sewer Master Plan Update
r:r:1:1rn', '.l!"i!:-t:: '.:01:.•;uu,.:n:,. 1:1r:
N M
....
0 " ...
September 16, 2025, Item #8
D I Statement of Services
Focus on Collaboration with O&M Staff
One of the key objectives of our approach is to foster a collaborative process that engages City staff, especially O&M staff, to provide critical insights on the state of the water distribution system and what's really needed for the CIP. The work plan includes collaborative workshops that will identify key system issues.review the system analyses, and confirm the CIP. As an optional service, KJ will facilitate a workshop with O&M staff early on in the project to understand their pain points with the water system, gain a better understanding of system operations, and identify potential CIP projects.
Benefit to the City: Master Plan will reflect the City's goals, priorities, and important issues, which will foster buy-in from City staff on the recommendations of the Master Plan and support future implementation.
Where Have We Done This Before?
✓ City of Carlsbad, Water & Sewer Master Plan Update
✓ City of Thousand Oaks, Water Storage Optimization Study ✓ City of Thousand Oaks, Wastewater Collection System Master Plan Update ✓ Crescenta Valley Water District, Wastewater Master Plan Risk-Based Project Prioritization Provides the City with the Most Value With the calibrated water hydraulic model in hand, KJ will work to identify both existing system constraints and future system constraints based on the City's level of service goals, as well as the water demand projections.
In addition to modeled capacity constraints, KJ will incorporate any identified projects that emerge from the feedback collected during the utility-focused workshops that are not directly related/relevant to hydraulic modeling, such as issues with access to assets, redundancy, or other operational issues/concerns.
The results of the modeling effort will identify where capacity may or may not be an issue. Still, a calibrated model cannot accurately account for an asset's condition or likelihood of failure. KJ will conduct a Proposed Recommendations workshop to review recommended projects with Poway staff and identify any projects requiring additional field data collection/validation. This risk-based CIP approach prioritizes projects that impact you and your customers the most and provides the most value for your CIP budget. 25 20
~ 15 0
(.)
en
..lll:: 10
Cl)
ii:
5 0 i __ , .... __ ~_,_..._.
Pipe Assets
Benefit to the City: Incorporating risk to your CIP analysis provides the most value for your finite CIP budget.
Where Have We Done This Before?
✓ Crescenta Valley Water District, Wastewater Master Plan ✓ Las Gallinas Valley Sanitary District, Integrated Wastewater Master Plan ✓ Delta Diablo Sanitation District, Asset Management Program Services CITY a~fQiY?t WATER AND SEWER MASTER PLAN 12025 22 KENNEDY/JENKS CONSULTANTS, INC.
September 16, 2025, Item #8
Scope of Work
The following section presents the proposed scope
of work. Items identified as part of the base scope
of work described in the RFP are shown in black text.
Modifications or enhancements to the scope of work
are shown in blue text.
Task 1 -Project Management & Meetings
1.1 Project Management & Administration
Project management and administration will be
provided, consisting of client communication, team
coordination, subconsultant management, schedule
and budget management, and monthly invoicing.
It is assumed that the project will be completed 15
months from Notice to Proceed.
Kennedy Jenks' (KJ) monthly invoicing shall be
accompanied by a progress report including a
summary of work completed, tasks anticipated to be
completed in the next month, and a review of work
status relative to budget and schedule.
Divergences between work completed and budget
expended, and schedule shall be specifically
explained and addressed to avoid future budget short
comings and delays in schedule.
If divergences occur between work completed and
budget expended, and schedule, a recovery plan
must be provided to City's project manager that
demonstrates how the project will be brought back
on schedule and within budget.
Project Closeout: The conclusion of the project will
include project closeout activities, consisting of file archiving and deliverable transmittals.
1.2 Meetings and Workshops
Project Communication Updates: KJ will provide
project communication using bi-Weekly (every
2-weeks) virtual progress meetings that are scheduled
for specific dates and times. This will be used for
ongoing communication and discussing issues and
status of the progress in developing the master plan.
In addition, provide a monthly rolling schedule of
items to be submitted by the KJ and City, and a log of
issues that includes prioritization, responsible parties, 19 of32
CITY OF POWAY I WATER AND SEWER MASTER PLAN I 2025 23
D I Statement of Services
decisions to be made, action items, and results. Up
to 32 progress meetings will be provided. 2 KJ staff
will attend each meeting, which is assumed to be 30
minutes in duration.
KJ shall conduct a kick-off meeting (assume 1
hour). Discuss project goals and clarify objectives
with City staff to develop a thorough understanding
of approach and product expectations. Establish
lines of communication and discuss items such as
deliverables, project schedule, obstacles, and costs.
3 KJ staff will attend the meeting.
KJ will conduct workshops (assume 1 hour each)
to present and discuss preliminary work products
at each milestone deliverable. 2 KJ staff will attend
each workshop. The following workshops will be
conducted:
• Design Criteria and Level of Service Meeting: KJ
shall conduct a meeting with City stakeholders to
discuss fire flow criteria level of service including
the Fire Department and Development Services
Department.
• Demand Factor Workshop: Once draft demand
factors are prepared, conduct a meeting with
City staff to present, review and explain the
methodology and evaluation process for
determining the recommended factors.
• Existing System Evaluation Workshop: Review
draft system evaluation results for both existing
and future conditions
• Proposed Recommendations Workshop:
Once proposed potable water system
recommendations have been vetted with the City
and revised accordingly, conduct a workshop
with City stakeholders to focus on presenting the
proposed water system recommendations.
• Draft Master Plan Report Review Meeting: Review
the City's comments on the Draft Master Plan
Report
• Final WMP presentation to City Council: in person
presentation summarizing Master Plan Project
KJ will prepare and distribute meeting agendas
at least 1 business day prior to meetings and
workshops. Draft meeting minutes will be provided
to meeting participants for review within 5 business
KENNEDY/JENKS CONSULTANTS, INC.
September 16, 2025, Item #8
days, and a final version will be prepared to
incorporate City staff observations and feedback (if
any). All meetings and workshops are assumed to
be virtual.
1.3 QA/QC
KJ shall perform QA/QC using reviewers that are
experts in their respective fields and not directly
involved in the delivery of the project. Provide review documentation to the City. The City will be provided
with a checklist describing who reviewed each
deliverable and the date of the QC.
• Monthly invoices and progress reports (PDF)
• Meeting and workshop agendas and minutes
(PDF)
; QC documentation(PDF)
Task 2 -Planning Criteria & Demand
Analysis
2.1 Data Collection and Review
Records Research: KJ shall collect and review data
provided by the City. Record information includes:
• Historical City potable water master plans and
urban water management plans
• Updated water model
• Historical monthly potable water production and
usage records
• Water quality data
• Billing information
• Current water supply sources
• Land use maps & general plan
• City GIS information (i.e. water system facilities,
shapefiles, etc.)
• System pressure zone figures
• As-built drawings for facilities not yet
incorporated into the existing GIS system and/or
model.
• Main break history and available asset
management data for facilities.
Evaluation of Missing Information: KJ shall evaluate
data and information provided and identify missing
data (including in the City's potable water model
D I Statement of Services
and GIS database) needed to complete the master
plan. The review process may require multiple data
exchange iterations with City staff to fill in missing
data.
2.2 Planning Criteria
Review existing City standard design criteria for the
potable water system and compare with existing
and future State and Federal regulations, industry
standards, and those from comparable agencies with
similar uses. Discuss any proposed changes with City
staff. Standards to be evaluated include minimum
and maximum pipe pressures and velocities, peaking
factors, pipe material, and other factors impacting
system sizing and cost estimation for recommended
system improvements.
Incorporate concepts and methods presented in the
U.S. Fire Administration Water Supply Systems and
Evaluation Methods, Volume I and II for primary and
secondary feeder backbone looping.
Regarding the approach for prioritizing the CIP, the
KJ shall define service levels, develop probability
and decision strategies, and identify probable risks
and consequences to be considered in developing
and prioritizing the CIP. KJ shall also establish cost
estimating multipliers to be applied to construction
cost estimates to estimate contingencies,
engineering design, permitting, environmental
work, construction management, and program
implementation.
2.3 Demand Analysis
KJ shall verify the use of existing demand factors
as being appropriate for existing and future system
modeling and use.
Land Use Density Maximization: A GIS shapefile will
be provided with land use and density generation
rates that shall be updated by KJ to accommodate
maximum densities allowed by each land use
category for planning purposes.
Demand Development and Allocation: KJ shall review
billing records to develop unit demand factors for all
areas and land uses (based in part on the provided
data and projected population growth through build
out for land uses).
--20_of-32 ________________________________ _
CITY OF POWAY I WATER AND SEWER MASTER PLAN 12025 24 KENNEDY/JENKS CONSULTANTS, INC.
September 16, 2025, Item #8
Future Demands: Review and incorporate population
projections, dwelling units, land uses, and water
connections for a build-out planning horizon period,
utilizing the updated land use and maximum
population densities developed for the City's General
Plan. Review and update potable water system
requirements based on historical water use and
water conservation strategies.
Allocate future demands based on development
information by land use type. Demand scenarios
for 2035 and buildout conditions will be provided.
Consideration will be given for recent state housing
regulations that impact potential densif1cation, such
as accessory dwelling units (ADUs) and density
bonuses for low-income housing development.
Fire Flow Demands: Allocate fire flow demands
based on development information and Fire
Department requirements. Fire flow demands will be
assigned to hydrants in the hydraulic model.
It is understood that the following scope of work will
be executed under the Hydraulic Model Update &
Calibration Project; budget is not included for these
items:
• Allocate the developed demands to the water
distribution system models. Developing the
ADD, MDD, and PHD demand factors shall be
consistent with California Code of Regulations
Title 22, Article 2, section 64554.
• Existing Demands: Analyze existing potable
water supply and meter records, develop the
existing system demands, and allocate the
developed demands to the water system model.
• Demand Map and Table: Within GIS, state, by
piece of land or parcel, the total water demand
assumption and which model node it was
loaded upon. Within the Excel table include the
acreage assumed for each land use type.
Deliverables:
• Data request log needs (Excel)
• Potable Water System Design Criteria and
Level of Service: KJ will prepare draft, final
draft and final Design Criteria and Level of
Service Technical Memorandums and stand-
21 of 32
CITY OF POWAY I WATER AND SEWER MASTER PLAN I 2025 25
D I Statement of Services
alone criteria tables for the WMP. Editable
electronic versions of the draft and final will
be submitted to City, in addition to a PDF final.
(Word, Excel, PDF)
• Land Use Maximization: KJ will provide
updated GIS shapefile and supporting fries.
(.shp)
Task 3 -System Analysis
3.1 Existing System Evaluation
Perform desktop analysis of existing system
deficiencies based on the desired level of service and
the City's potable water distribution system operating
criteria. Present evaluation results in a workshop
meeting with City stakeholders to focus on areas of
concern and presented by condition and capacity
related deficiencies. Identify causes of concern such
as deficient or aging systems, lack of records clarity, or other influencing factors.
Conduct an evaluation of the existing water
distribution system utilizing the hydraulic model
under various flow conditions (i.e. Average Day
Demand [ADD], Max Day Demand [MOD], Peak Hour
Demand [PHD], MDD plus Fire Flow [FF]).
Water Age: KJ shall discuss current system water
age and assess with respect to current and proposed
regulations. A comparative hydraulic modeling
analysis will be provided where parts of the system
that have relatively high water age compared to the
average water age in the system will be identified.
Proposed solutions to address areas of high water
age will be discussed.
In addition, the follow specific system scenarios will
be evaluated:
• The KJ shall evaluate potential
decommissioning of Pump Station No. 7
(Eastvale) and feeding this zone via upsizing the
Skyridge pipeline and creating a looped system
in this area.
• The Celestial (R9) and Espola (R10) Reservoirs
have been out of service for an extended
period of time. As part of the Master Planning
and modeling work, the KJ shall evaluate
KENNEDY/JENKS CONSULTANTS, INC.
September 16, 2025, Item #8
their
relevance
and
significance
for
future
water
transmission,
storage,
and
distribution
scenarios
and
recommend
whether
to
retain
and
rehabilitate
them
or
demolish
them.
The
City
previously
conducted
an
engineering
study
to
evaluate
the
feasibility
of
removing
R9
and
Rl
0 and
will
provide
the
report
for
reference.
• The
KJ
shall
evaluate
the
potential
need
for
and
location
of
constant
flow
devices
at
strategic
points
in
the
system
where
water
quality
is
a
concern. • The
KJ
shall
consider
decommissioning
of
remaining
portions
of
the
"Convair
Line"
and
identify
and
evaluate
alternatives
to feed
existing
water
services
that
are
connected
to
that
line.
• The
KJ
shall
evaluate
the
water
quality
benefits
and
other
operational
constraints
and
opportunities
to
add
a
pressure
reducing
station
on
Stowe
Drive
to
connect
the
895
and
715
pressure
zones.
• The
KJ
shall
evaluate
the
potential
for
adding
a
new
distribution
main,
services,
and
fire
hydrants
along
Kozy
Crest
Lane
.
3.2 Future
System
Evaluation
Evaluate
the
future
water
supply
and
distribution
system's
ability
to
deliver
the
projected
water
supply
and
meet
the
projected
water
demands
for
the
build
out
planning
horizon.
Analysis
shall
include
a supply
analysis
by
comparing
the
existing
and
future
water
demands
with
the
existing,
near-term,
and
ultimate
supply
capacities
. The
supply
capacity
shall
be
assessed
for
ADD,
MOD,
PHO
and
Fire
Flows
per
California
Regulations
Title
22,
Article
2,
section
64554;
with
and
without
largest
unit
(e.g
. pipeline,
reservoir,
pump
station,
etc
.);
this
assessment
shall
be
performed
system
wide
and
for
each
pressure
zone
.
Conduct
an
evaluation
of
the
existing
water
distribution
system
utilizing
the
hydraulic
model
under
various
flow
conditions
(i.e.
Average
Day
Demand
[ADD],
Max
Day
Demand
[MOD],
Peak
Hour
Demand
[PHO],
MOD
plus
Fire
Flow
[FF]).
CA
Regs,
Title
22,
Art.
2,
Section
64554:
D
I
Stateme
nt of
Serv
ices
(a)
At
all
times,
a
public
water
system's
water
source(s)
shall
have
the
capacity
to
meet
the
system's
maximum
day
demand
(MOD)
. MDD
shall
be
determined
pursuant
to
subsection
(b).
(1)
For
systems
with
1,000
or
more
service
connections,
the
system
shall
be
able
to
meet
four
hours
of
peak
hourly
demand
(PHO)
with
source
capacity,
storage
capacity,
and/or
emergency
source
connections. (2)
For
systems
with
less
than
1,000
service
connections,
the
system
shall
have
storage
capacity
equal
to
or
greater
than
MOD,
unless
the
system
can
demonstrate
that
it
has
an
additional
source
of
supply
or
has
an
emergency
source
connection
that
can
meet
the
MOD
requirement.
(3)
Both
the
MOD
and
PHO
requirements
shall
be
met
in
the
system
as
a
whole
and
in
each
individual
pressure
zone.
3.3 CIP
Deve
lopme
nt
Proposed
Recommendations
: Improvements
to
the
City's
potable
water
distribution
system
shall
be
identified
and
documented
to
address
shortcomings
in
the
existing
system
to
meet
future
demands
.
In
addition,
a
10-year
potable
water
CIP
shall
be
developed
to
prioritize
improvement
projects
(phasing
and
estimated
timing
of
improvement
needed).
KJ
shall
develop
CIPs
for
respective
existing
system
deficiencies,
to
meet
existing
(2025),
near
term
(2025
to
2035),
and
buildout
demands
. Various
hydraulic
analysis
of
the
water
system
will
be
utilized
to
identify
existing
and
future
system
deficiencies
as
measured
and
compared
with
the
industry
accepted
performance
criteria
. The
CIP
project
costs
must
be
allocated
based
on
percentage
for
improvements
based
on
existing
needs
and
the
needs
required
for
new/future
development.
The
percentages
will
be
based
on
proportion
of
facility
capacity
that
is
utilized
to
meet
existing
demands
or
address
exis
ting
condi
tion
s versus future
dem
ands.
It is
assumed
that
up
to
15 cap
ital
improvement
plan
(CIP)
projects
will
be
identified.
Each
project
will be
summarized
in
a
one-page
summary
sheet
that
will
include
facility
description,
location
map
, planning-
__
22 _0,f_32
________________________________
_
CITY
OF
POWAY
I WATER
AND
SEWER
MASTER
PLAN
I 2025
26 KENNEDY/JENKS
CONSULTANT
S,
INC
.
September 16, 2025, Item #8
level construction cost estimate, justification, and
schedule. The projects will be prioritized within the
10-year CIP based on consideration for risk, future
developments, and feedback from City staff.
3.4 GIS Update Guidance
KJ shall prepare a draft and final GIS Update
Guidance Technical Memorandum to provide
instructions for proper techniques to update the GIS
moving forward to easily be able to import the GIS
into the model to facilitate future model updates.
Editable electronic versions of the draft and final will be submitted to City, in addition to a PDF final.
3.5 Hydraulic Schematic
KJ shall develop a hydraulic schematic that
depicts City water distribution system including
supply sources, interconnects with other agencies,
reservoirs, pressure zones, pump stations, and
pressure reducing stations, and other relevant
features. Provide electronic and pdf copies as well
as two (2) board mounted color versions in minimum
24-inch x 36-inch size. For the board mounted
version, 3D raised relief maps of the hydraulic
schematic are desirable but not required.
. Deliverables:
• Potable Water System Evaluation: Information
developed under this task shall be included in
the master plan, either detailed in the section
writeups, included by reference, or as part of
the report appendices. KJ will prepare draft
and final potable water system "· -.,,
, including technical information, analysis,
and reference material used in developing,
calibrating, and running the models. A copy of
the hydraulic model files will be submitted to
City. (PDF)
• Model Files & Supporting Documentation:
• Provide City with final model files.
• GIS Update Guidance Draft and Final TM
(PDF)
• Hydraulic Schematic
• CIP table and project summary sheets (PDF)
D I Statement of Services
Task 4 -Master Plan Report Preparation
KJ shall prepare a comprehensive Potable Water
Master Plan including the background, objectives,
assumptions, design criteria, and analysis
presented above, to reflect current conditions and
recommended improvements to the existing and
future water supply, storage, and distribution systems
for potable water. KJ shall ensure the report provides
a clear rationale for identifying, justifying, prioritizing, and costing the recommended 1 0-year potable
water CIP, and provide a basis for future master
plan updates. KJ shall prepare draft and final draft
master plans for City review and the final plan for City adoption. An executive summary shall be included at
each review stage.
Deliverables:
• KJ shall prepare a draft Water Master Plan
(WMP) update and submit an editable
electronic version to City for review. After
City completes its review, KJ shall attend a
draft master plan review meeting to discuss
comments with the City. Thereafter, KJ shall
prepare a final draft master plan and submit
an electronic version to the City for review.
Once City comments on the final drafts
are received and fully resolved the City's
satisfaction, the KJ shall prepare the final
master plan and submit to City in MS Word,
MS Excel and PDF formats. In addition, KJ
shall assemble the Final WMP and deliver ten
(10) hard copies of each to the City .
Optional Services
Optional Task 1 -O&M Workshop
An in-person workshop will be conducted with O&M
staff early in the project to understand system
operations, pain points, risk tolerance, and potential
CIP projects. Up to two 4-hour work sessions is
budgeted for this workshop. KJ will facilitate the
workshop, provide an agenda, meeting materials, and
meeting minutes.
_23_o_f_3L._ _______________________________ _
CITY OF POWAY I WATER AND SEWER MASTER PLAN I 2025 27 KENNEDY/JENKS CONSULTANTS, INC.
September 16, 2025, Item #8
Optional
Task
2 -Additional
System
Analyses
In
addition
to
the
. Additional
Sy
stem
Analyses
:
In
add
ition
to
the
system
analyses
defined
in
the
base
scope
of
work,
the
follow
ing
analyses
are
recommended
:
1. Outage
Scenar
io -
SDCWA/Ramona
lnteragency
Connection
On
ly,
2. Outage
Scenario
-
Emergency
Connections
Onl
y
3. Outage
Scenario
-
Comb
ined
lnteragency
and
Emergency
Connec
tions
4. 865/715
PZ
Boundary
Mod
ificat
ion
{New
820
PZ)
5. Energy
Cost
Efficiency
Analysis,
Ex
ist
ing
Demands
-
optimize
pump
station
run
times
to
minimize
costs
to
the
City
based
on
time
-of-use
rate
schedules
6. Hol
istic
Power
Fai
lure
Analysis
-
evaluate
the
City
's needs
for
eme
rgency
storage,
portable
generators,
and
staffing
in a
programmatic
and
coordinated
analysis
to
address
an
em
ergency
power
outage
condi
tion
7. Pipel
ine
Criti
cality
Analys
is -
ident
ify
pipelines
that
have
high
consequences
of
failure
that
may
warrant
redundancy
8. Large
Fire
Area
Analysis
-
evaluate
hydraulic
capac
ity
to
suppor
t ba
ttling
a potential
wildfire
in
the
system
24 of
32 CITY
OF
POWAY
I WATER
AND
SEWER
MA
STER
PLAN
J
2025
D
I
Statement
of
Services
28 KENNEDY
/JENKS
CONSULTANT
S, INC
.
September 16, 2025, Item #8
D I Stt1lcmen1 of Services
Schedule
A detailed project schedule is enclosed as al lxl7 attachment. The project schedule describes the various project tasks including workshops and review of deliverables by City staff.
Also included is the internal QC review of the draft and final Master Plan document and the City Council presentation. , ..
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N
September 16, 2025, Item #8
JJJJJJJJJIJJJJJJJ
26 of32
ro
rn
0 September 16, 2025, Item #8
ATTACHMENT 2
G Price Proposal
FEE PROPOSAL
This proposal price is for WATER AND SEWER MASTER PLAN UPDATES. These services are as set forth in the Technical Specifications in Section IV.
BID ITEM: WATER AND SEWER MASTER PLAN UPDATES
The prices set forth below include all work required to provide all labor, equipment, tools, materials, and incidentals affiliated with services specified in this RFP. Provide summary fee table that depicts tasks, hours by labor category, expenses, and total proposed fee by task.
Labor Category Hourly Rate
(Examples of position titles. Action
positions and titles may be different
and must be filled in by the
proposer)
Enaineer-Scientist-Soecialist 1 $165 -One hundred sixtv-five dollars Engineer-Scientist-Specialist 2 $195 -One hundred ninety-five dollars Engineer-Scientist-Specialist 3 $220 -Two hundred twenty dollars Enaineer-Scientist-Specialist 4 $240 -Two hundred fortv dollars Enaineer-Scientist-Soecialist 5 $265 -Two hundred sixtv-five dollars Engineer-Scientist-Specialist 6 $285 -Two hundred eighty-five dollars Engineer-Scientist-Specialist 7 $310 -Three hundred ten dollars Enaineer-Scientist-Specialist 8 $330 -Three hundred thirty dollars Enaineer-Scientist-Specialist 9 $350 -Three hundred fiftv dollars Senior CAD-Desianer $200 -Two hundred dollars
CAD-Designer $190 -One hundred ninety dollars
Senior CAD-Technician $180 -One hundred eighty dollars
CAD-Technician $160 -One hundred sixty dollars
Proiect Assistant $145 -One hundred fortv-five dollars
Administrative Assistant $135 -One hundred thirtv-five dollars Subconsultant Markup 5% -Five percent
Other Direct Cost Markup 5% -Five percent
Total Project Cost: $370,884 -Three hundred seventy thousand, eight hundred eighty-four dollars
27 of 32
CITY OF POWAY I WATER AND SEWER MASTER PLAN I 2025 35 KENNEDY/JENKS CONSULTANTS, INC.
September 16, 2025, Item #8
~ ..
January 1, 2025 Rates
Claulflcatlon:
:a; I ! ! ~ :t :t I :! :-1 LJ_l_J_l I
,l! ii!
I ii ,:j
ii ! ! .5 ! J _Jot_!!
KJ
.8
j
Sub KJ KJ KJ
§l .. ..
.: i .d /l ◊~
~;.
0 g~ 2U 0 I
].8
I
] .:
~j
0 , ... .,,
.
3 i
~.:l
G I Pflce Proposal
j ♦ t
j _);"
~d ~~
HourtyRat•: I $350 $330 I $310 $215 $215 $240 ! SUS I $145 I Hours fen F11ea 5•~ Feu 5•~ F•u :~1~~~=:::: : · : : ,t JA-: :I + ~f ·: :: ... ·-~~~ ·::~! ;:~ •••••••••• :I : :.:: ;;;l :1·· •• ::::, I I ! ! I ! I I so
TNk 1-Subtotal
T~~~-; : -~t~i:,-~.t-~~.~~!~~~-~-P,~~~~-~~ ~-'-~-1-~. __ 2,1 D1I1 Col11ction & R1Yltw
' 21:
!
+· oi
' 99( 22 L~~ 2JI JJ61 Sto,75oi ss,ns/ s:zn sol sol sso,1so $6,022 so $96,77~ i I I I .
so so $7,235
I
.. 2.2. Plannlnsi_ Crll1rla ......................... -.... ---..................................... 1 .......... 0 ~ ~1 • •' •••• 1; o ·2, • s1,2,sj ··sol ·s• sJ sol s1.2Js ·:1 ::1 ,: .• :\ :: ....... : i . :, •• : _ ::~:: • .,;::i .· .... ,;: ::1 •• ·:: :::~:, ;,,::1 • •• :t :~;;: 2.l Dflnlnd Anal,els Tuk 2 • Sublollll
I
0!
:
i o, -2-l 2•! 21 ol .. ! 10,, ol 22,I sss.245J s1.<oo! s,10_ soJ sol S5S.245 $7,770 so .$63,015 M,.,.s~i.m!A\~
1 .!... ··--· •• ···-··-··---······· ••••••••• i :~~]: ··:::~:;[::~::::;,i ·-··• ··~ ··:··· ·:·~r-~·-·••3~j ~~ :: ··J-·······~ :::::·::::~; ~::::~~;:;.j::::~;~~·;i::~:::::~;::~:i:;::~~~::::;t:: ·:::::~~ . ::::~~i.~i~ ··:·::;;:;:;~~ · ····-$ S◄5,m •i .. : "I • 1 "! ·I • •• """I """i ..... ,. .. . ··~ ••.•• ~ , .... ,
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3.2 Future srstem Evaluation
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'
5si
Iu.k-4.=..MJ.lllr Plan Rtport Pr•p11ratlon I I
: -·-·1····-------r
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i
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' ,1i
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~~l_o~~I ~Nlce1
Option al Task 1: O&M Work,hop
! I
I ! ,... ···•···········1
I 12! 161
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'
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i ! _________ , __ _
I 301 60
•• -······1· .. •······· .. ,
! 1s1 30
0 .1 45j ao!
.i
1 365\ ' •• uei 23
i
48◄1 S11_!,S6ol
!
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I
'
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153
1202
-----··1--··•··
SO!
' SJ4.170i
'
$297,7Z5i
$8,140i
$H,37Sj
.. _ ~-~ S200J S_I_~ SII.J~-~
$0 I so $0
$(07 S200! SIDI $34,17D
$3,(H $3001 S15l S2'7,7Z5
$50,505 $105
.~.•,~:1·::··~:·s~m-
$1.547 U10
$72,844 $315
$168,170
······· --~-~~-·-~~~
$11 ~~~-~
so
S•2,9Z7
$370,884
I , , 1 r-I 7=-1
---+ ···,1_-'l L~~: .::::f :;:;;:;j •• • .. '.: •;o•11 ::::.::~·:s~:L .·s::::;.; ... ·.~:.;::.:~1:::::: .... s.2;f-· ... :~:~::.:
$0; $0 $0 $0 .$0 $0 $0
.j .i 16 .. I
l1•~••1
' 1
m,22~j $1,111 uoo $10 $15,1&0 H~~1 $210 $39,401
N
M
....
0 CHY OF ro·,·1 ,'IY l \'.:.IE I'/ r,an s;-·;;i;n L:i,S i ~I! Pl,\Jj I 701 ~ ··-·-----~---00
36 ZE1H1E1r,1.1E1:Ks r:011suLL\'11.e;_ 1n,; N
September 16, 2025, Item #8
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
rece1vmg
pension
benefit
from
public
retirement
system;
Section
supersedes
conflicting
provisions
(a)
This
section
shall
apply
to
any
person
who
is
receiving
a pension
benefit
from
a public
retirement
system
and
shall
supersede
any
other
provision
in
conflict
with
this
section.
(b)
A
retired
person
shall
not
serve,
be
employed
by,
or
be
employed
through
a
contract
directly
by,
a public
employer
in
the
same
public
retirement
system
from
which
the
retiree
receives
the
benefit
without
reinstatement
from
retirement,
except
as
permitted
by
this
section
.
(c)
A
person
who
retires
from
a
public
employer
may
serve
without
reinstatement
from
retirement
or
loss
or
interruption
of
benefits
provided
by
the
retirement
system
upon
appointment
by
the
appointing
power
of
a public
employer
either
during
an
emergency
to
prevent
stoppage
of
public
business
or
because
the
retired
person
has
skills
needed
to
perform
work
of
limited
duration.
( d)
Appointments
of
the
person
authorized
under
this
section
shall
not
exceed
a total
for
all
employers
in
that
public
retirement
system
of
960
hours
or
other
equivalent
limit,
in
a calendar
or
fiscal
year,
depending
on
the
administrator
of
the
system.
The
rate
of
pay
for
the
employment
shall
not
be
less
than
the
minimum,
nor
exceed
the
maximum,
paid
by
the
employer
to
other
employees
performing
comparable
duties,
divided
by
173.333
to
equal
an
hourly
rate.
A
retired
person
whose
employment
without
reinstatement
is
authorized
by
this
section
shall
acquire
no
service
credit
or
retirement
rights
under
this
section
with
respect
to
the
employment
unless
he
or
she
reinstates
from
retirement.
(e)
29 of
32 (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
any
unemployment
insurance
compensation arising
out
of
prior
employment
subject
to
this
section
with
September 16, 2025, Item #8
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2) A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f) A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
30 of 32
(1) The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A) Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B) For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C) For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3) The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
September 16, 2025, Item #8
( 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
Sections
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: Note--
Amendments: 2013
Amendment:
Substituted
(1)
"have
passed"
for
"has
passed"
in
the
first
sentence
of
subds
(f)(l)
and
(f)(2);
(2)
"or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a
public
safety
officer
or
firefighter"
for
"of
firefighter"
in
subd
(f)(4);
and
(3)
"Judges'
Retirement
System"
for
"Judges'
Retirement
System
I"
in
subd
(i).
31 of
32 September 16, 2025, Item #8
WORKERS'
COMPENSATION
INSURANCE
CERTIFICATE
Pursuant
to
Section
1861
of
the
State
Labor
Code,
each
Consultant
to
whom
a
public
works
Contract
has
been
awarded
shall
sign
the
following
certificate
and
shall
submit
same
to
the
City
of
Poway
prior
to
performing
any
work
on
the
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."
Consultant
By:
Title Date
Section
3700
of
the
State
Labor
Code
reads
in
part
as
follows:
"Every
employer
except
the
State
shall
secure
the
payment
of
compensation
in
one
or
more
of
the
following
ways:
(a)
By
being
insured
against
liability
to
pay
compensation
by
one
or
more
insurers
duly
authorized
to
write
compensation
insurance
in
this
state.
(b)
By
securing
from
the
Director
of
Industrial
Relations
a
certificate
of
consent
to
self
insure,
either
as
an
individual
employer,
or
as
one
employer
in
a
group
of
employers,
which
may
be
given
upon
furnishing
proof
satisfactory
to
the
Director
of
Industrial
Relations
of
ability
to
self-insure
and
to
pay
any
compensation
that
may
become
due
to
his
employees."
32 of
32 September 16, 2025, Item #9
DATE:
TO:
FROM:
CONTACT:
September 16, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services~·
Sara Trunzo, Senior Civil Engineer
(858) 668-4622 or [email protected]
City of Povvay
ClTY COUNCIL
SUBJECT: Acceptance of Public Improvements for the Fairfield Project, Street Improvement Plan 21-002
Summary:
Street Improvement Plan (STI) 21-002 for the Fairfield Project included the installation of a traffic signal, streetlights, sewer main extensions, curb, gutter, sidewalk, raised median, curb ramps, and a bus shelter. The improvements are complete and ready for acceptance.
Recommended Action:
It is recommended the City Council:
1) Accept the improvements shown on the plans for STI 21-002 as complete; 2) Release the Performance Bond in the amount of $540,400; 3) Release the Payment Bond in the amount of $270,200; and 4) Retain the Warranty Bond in the amount of $54,040 for a period of one (1) year.
Discussion:
City Council approved the Tentative Tract Map (TTM) 20-003 and Development Review (DR) 20-002 for the Fairfield mixed-use development on Poway Road at Carriage Heights Way on December 1, 2020.
As a condition of approval for the development, the project was required to install public improvements to front and serve the project. Required improvements included sewer main extensions, a new traffic signal at Poway Road and Carriage Heights Way, streetlights, curb, gutter, sidewalk, curb ramps, a bus shelter and a raised center median fronting the property on Poway Road.
The improvements have been completed in accordance with the project plans, the Standard Agreement for Construction of Public Improvements (Attachment A), and have been accepted by the Development Services Department. Poway Municipal Code 16.20.11 0 requires that any and all securities for work estimated to cost over $100,000, or securities required to be posted in conjunction with any subdivision or parcel map, be released by City Council. Since these improvements were in conjunction with a subdivision, and were valued over $100,000, City Council approval is required for 1 of 14
September 16, 2025, Item #9
the
release
of
the
securities
associated
with
this
project.
Environmental
Review:
On
December
1,
2020,
the
City
Council
approved
TTM
20-003
and
DR
20-002
for
the
Fairfield
mixed
use
project
,
finding
it
consistent
with
the
certified
Final
Environmental
Impact
Report
(SCH#:
2017031035)
for
the
Poway
Road
Corridor
Specific
Plan.
The
forementioned
improvements
have
been
completed
in
accordance
with
the
Conditions
of
Approval.
Therefore,
no
further
environmental
review
is
required
for
the
acceptance
of
the
improvements.
Fiscal
Impact:
There
is
no
Fiscal
Impact
as
a
result
of
the
requested
action.
Public
Notification:
None
.
Attachments: A.
Standard
Agreement
Reviewed/Approved
By:
Assistant
City
Manager
2 of
14 Reviewed
By
:
Alan
Fenstermacher
City
Attorney
Approved
By
:
Ch
~) ns
aze
tine
City
Manager
September 16, 2025, Item #9
Poway,
California
Agreement
Date
STANDARD
AGREEMENT
FOR
CONSTRUCT/ON
OF
PUBLIC
IMPROVEMENTS
(STI21-002
Fairfield
Improvements)
The
CITY
OF
POWAY
("CITY")
and
FAIRFIELD
POWAY
LLC,
A
DELAWARE
LIMIMTED
LIABILITY
COMPANY
("OWNER")
agree
as
follows:
A.
OWNER
is
required
to
construct
the
following
public
improvements
("work")
for
the
above
referenced
project:
a.
Water
connections
to
the
site
and
associated
appurtenances.
b.
Sewer
connections
and
associated
appurtenances.
c.
Sidewalk,
landscaping,
and
street
lights
fronting
the
project
on
Poway
Road.
d.
Traffic
signal
improvements.
e.
Installation
of
12 monuments.
f.
All
other
improvements
as
shown
on
the
improvement
plans,
STl21-002.
B.
CITY
approved
plans
and
specifications
for
the
construction
of
the
work,
which
are
incorporated
herein
by
reference,
and
identified
as
STl21-002.
C.
The
following
are
attached
hereto
and
made
a
part
hereof:
Schedule
A
Schedule
B
Public
Improvements
Monument
Setting
1. IMPROVEMENTS:
TIME
TO
PERFORM:
For
valuable
consideration
OWNER
agrees
to
do,
or cause
to
be
done,
at
OWNER's
expense
and
without
any
cost
or
liability
to
the
CITY,
all
of
the
work
described
herein
by
the
date
specified
on
Schedule
A.
OWNER
warrants
that
all
of
the
materials
supplied
and
work
to
be
done
will
be
of
good
quality
and
workmanship.
Said
work
shall
be
in
strict
conformity
with
the
plans
and
specifications
of
the
work,
the
standard
specifications
and
drawings
for
public
improvements
adopted
by
CITY,
and
this
agreement.
OWNER
shall
furnish
all
transportation,
equipment,
labor,
services,
permits,
utilities,
and
all
other
items
necessary
to
complete
the
work.
OWNER
shall
pay
all
claims,
demands,
and
liability
arising
out
of
or
resulting
from
or
in
connection
with
the
performance
of
the
work.
OWNER
shall
furnish
accurate
"as
constructed"
plans.
In
addition,
Owner
shall,
prior
to
acceptance
of
the
work
by
City
Council,
set
all
final
monuments
and
stakes.
OWNER's
obligations
herein
are
not
limited
by
any
cost
estimates,
nor
will
any
estimate
be
a
measure
of
damages.
CITY,
in
its
sole
discretion
and
without
liability
to
CITY,
City
Council
Members,
CITY's
Engineer
and
their
consultants,
and
each
of
their
officials,
directors,
officers,
employees
and
agents,
may
require
changes,
alterations,
or
additions
to
the
plans
and
specifications
which
do
not
exceed
ten
percent
(10%)
of
the
original
CITY
approved
cost
estimate
of
the
work.
CITY,
in
its
sole
discretion
and
without
liability
to
CITY,
City
Council
Members,
CITY's
Engineer
and
their
consultants,
and
each
of
their
officials,
directors,
officers,
employees
and
agents,
may
require
changes,
alterations,
or
additions
in
addition
to
said
ten
percent
( 10%)
limitation
if required
to
correct
errors
or
omissions
in
the
approved
plans
and
specifications,
and
for
unforeseen
conditions
such
as,
but
not
limited
to,
rock
excavation,
unstable
soil
conditions,
or
high
water
3 of
14 ATTACHMENT
A
Agreement
-1 of
8 September 16, 2025, Item #9
tables requiring de-watering.
2. INSURANCE: OWNER shall not commence or continue to perform any work unless OWNER has in full force and effect all required insurance with companies satisfactory to CITY. To be acceptable, insurers must be authorized to do business and have an agent for service of process in California, and have an "A" policyholder's rating and a financial rating of at least Class XI in accordance with the current Best's Ratings. OWNER shall not permit any contractor or subcontractor to perform any work unless the worker's compensation insurance requirements have been complied with by each of them. All insurance policies shall be maintained until the work is accepted by the CITY and provide for coverage of all causes of action or disputes arising out of acts in performance of the construction of the public improvement herein whether said causes or disputes are filed or brought to the attention of the CITY before or after the CITY acceptance of work.
With approval of the CITY's Attorney, insurance coverage required by this section may be satisfied by insurance held in name of prime contractor of OWNER, provided that prime contractor coverage is sufficiently broad to include all losses on job site.
As evidence of coverage, OWNER shall provide certificates of insurance and endorsement of CITY forms. Each certificate shall bear an endorsement waiving right of cancellation or change in coverage without forty-five (45) days notice in writing delivered to CITY.
Before issuance of construction permit, OWNER shall provide certificate(s) of insurance, satisfactory to CITY, certifying that OWNER, and each of OWNER'S contractors, has for the agreement period, full worker's compensation insurance coverage for all persons who are or may be employed in carrying out the work.
Before issuance of construction permit, OWNER shall provide to CITY, certificates of insurance and endorsements that OWNER has liability insurance coverage naming CITY as additional insured for both bodily injury and property damage in a single limit of not less than that specified on Schedule A for any one occurrence.
Liability insurance coverage shall include each of the following types of insurance as required by the CITY to carry out this agreement.
A. General Liability
1. Comprehensive Form
2. Premises-Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/Completed Operations
Hazard
6. Contractual Insurance
7. Broad Form Property Damage
Including Completed Operations
8. Independent Contractors
9. Personal Injury
B.
1. 2.
3. 4.
Automobile Liability
Comprehensive Form,
Including Loading and Unloading
Owned
Hired
Non-Owned
Contractual insurance shall be sufficiently broad to indemnify CITY as set forth in Paragraph 4.
Any liability insurance naming the CITY insured, shall include as additional insured City Council Members, CITY's Engineer and their consultants, officials, directors, officers, agents, and employees. Insurance afforded them shall be primary insurance and the amount provided shall 4 of 14 Agreement -2 of 8
September 16, 2025, Item #9
not
be
reduced
or
prorated
by
reason
of
any
other
insurance
they
might
have
.
Nothing
contained
in
these
insurance
requirements
shall
limit
the
liability
of
OWNER
or
OWNER's
insurance
companies
.
Review
and
acceptance
of
insurance
certificates
shall
not
constitute
any
representation
by
CITY
or
its
representative
that
any
required
insurance
has
been
issued;
provided,
however,
that
issuance
of
a
construction
permit
shall
be
deemed
acceptance
by
the
CITY
that
the
insurance
certificates
provided
by
OWNER
satisfy
the
requirements
of
this
agreement.
3. OWNER'S
LIABILITY:
OWNER
shall,
at
OWNER's
sole
cost
and
expense,
be
solely
and
completely
responsible
for
all
matters
affecting
the
design,
prosecution,
progress
and
completion
of
the
work,
(both
on
and
off
the
job
site).
OWNER
shall
be
responsible
for
observing
all
applicable
laws.
OWNER
shall
provide
for
public
convenience
and
safety,
and
safety
of
workers, including
OWNER's
workers
and
those
of
OWNER's
contractors,
subcontractors
and
suppliers,
and
others
contributing
to
the
work.
OWNER
shall
protect
CITY
property
and
property
rights
of
others,
including
the
location,
maintenance
and
replacement
of
utilities,
whether
shown
on
the
plans
or
not.
OWNER
shall
give
prior
notification
to
utility owners
. OWNER
shall
protect
against
and
prevent
drainage
from
storm
runoff.
OWNER
shall
not
unreasonably
interfere
with
the
lawful
use
by
others
of
easements
and
rights-of-way.
Nothing
in
this
agreement,
the
specification,
or
other
contract
documents,
or
CITY's
approval
of
the
plans
and
specifications
or
inspection
of
the
work,
shall
relieve
the
OWNER
or
contractor
of
full
responsibility
for
all
aspects
of
the
work.
CITY,
City
Council
Members,
CITY's
Engineer,
and
their
consultants,
and
each
of
their
officials,
directors,
officers,
employees,
and
agents
shall
have
liability
for
any
aspect
of
the
work.
4. OWNER'S
INDEMNIFICATION:
For
Claims
(as
defined
herein)
arising
out
of
the
work
contemplated
to
be
performed
by
OWNER
under
this
agreement,
CITY
and
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers
(individually
and
collectively,
"lndemnitees")
shall
have
no
liability
to
OWNER
or
any
other
person
for,
and
OWNER
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
OWNER's
negligent
performance
under
this
agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
OWNER,
its
agents,
officers,
directors,
contractors,
or
employees.
The
foregoing
obligations
of
OWNER
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
negligence
or
willful
misconduct
of
CITY
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers.
In
any
and
all
Claims
against
CITY
by
any
employees
of
the
OWNER,
anyone
directly
or
indirectly
employed
by
OWNER,
or
anyone
for
whose
acts
OWNER
may
be
liable,
the
indemnification
obligation
under
this
Section
4 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of damages,
compensation
or
benefits
payable
by
or
for
the
OWNER
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts
.
OWNER
shall
also
indemnify
and
hold
harmless
CITY,
City
Council
Members,
CITY's
Engineer,
and
their
consultants,
and
each
of
their
officials,
directors,
officers,
employees
and
agents
from
and
against
all
losses,
expenses,
damages
(including
damages
to
the
work
itself),
actual
attorneys
fees,
and
other
actually
incurred
costs,
including
costs
of
defense,
which
any
of
them
may
incur
both
during
and
after
completion
with
respect
to
any
latent
deficiency
in
the
design,
5 of
14 Agreement
-3
of
8 September 16, 2025, Item #9
specifications, surveying, planning, supervIsIon, observation of or construction of the improvements referred to herein or any injury to a person or property, real or personal, as a result of any such latent deficiency. CITY's costs shall include the cost of inspecting and restoring other portions of the work which CITY reasonably suspects may also be defective by reason of known defects in the work or other work performed by OWNER or OWNER's contractors, subcontractors, or suppliers or designed by their representatives.
Provisions of this Paragraph 4 shall remain in effect ten (10) years following acceptance of improvements by the CITY.
5. SECURITY: With the execution of this agreement, OWNER shall furnish and deliver to CITY, at no expense to CITY, a payment bond and a performance bond. Each shall be in the amount of the CITY-approved estimate specified on Schedule A. Bonds shall be furnished by surety companies satisfactory to the CITY on the forms provided by CITY. No alterations or substitution of said forms will be allowed. To be acceptable, surety companies must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Treasury Department, and/or have an "A" policy holders rating and a financial rating of Class XI or better in accordance with the current "Best's Rating." The bonds will be limited to amounts acceptable to the Treasury Department.
None of the following shall in anywise affect the obligations of any surety. Each surety waives notice thereof: (a) any change, extension of time, alteration, or additions to the terms of the agreement, or the work to be performed, or the plans and specifications therefore; (b) any matters unknown to surety which might affect surety's risk except that CITY will advise surety upon request of the following: (1) any written claims it receives from unpaid subcontractors or suppliers, and (2) any written orders received from other public authorities charging violations of laws, ordinances or regulations, and (3) failure of OWNER to comply with any written notice to correct defective work. The obligations of OWNER shall not be limited by the amount of such bonds.
6. TYPES/AMOUNT OF SECURITY: In lieu of payment and performance bonds, OWNER may furnish CITY either cash, a Letter of Credit, or an Agreement of Deposit as security for performance. Said security shall be in amount no less than one hundred percent (100%) of the cost estimate and, in addition, for payment of those furnishing materials, labor or equipment in amount not less than fifty percent (50%) of the cost estimate. Said security agreements shall be on forms furnished by CITY. No alterations or substitution of said forms will be allowed. The obligations of OWNER shall not be limited by the amount of the security required.
7. COSTS AND DEPOSITS: OWNER agrees to pay CITY, on demand, the full amount of all of CITY's documented out of pocket costs incurred in connection with the work and this agreement.
These costs include, but are not limited to, plan checking, inspection, materials furnished, attorneys fees incurred in connection with preparing and negotiating this agreement, and all other expenses, including engineers and attorneys' fees of CITY, directly attributable to the work and this agreement. These costs shall include a reasonable amount for CITY's overhead in connection therewith, plus any applicable fees of CITY. CITY's costs shall include the cost of inspecting and restoring other portions of the work both during and after acceptance, which CITY reasonably suspects may also be defective by reason of known defects in the work or other work performed by OWNER or OWNER's contractors, subcontractors, or suppliers or designed by their representatives. OWNER shall deposit with CITY concurrently with the execution of this agreement, such sums as the CITY reasonably establishes as deposits set forth on Schedule A. Should the actual expenses be in excess of the deposit set forth on Schedule A, OWNER shall pay the amount of such excess on demand. Should the actual expenses be less than the estimated deposit on Schedule A, the difference, without interest, 6 of 14 Agreement -4 of 8
September 16, 2025, Item #9
shall be refunded to OWNER within ninety (90) days of acceptance of work by CITY; provided, however, the CITY shall have the right first to apply any excess monies to any other obligation which OWNER might have to CITY. Said deposit is not a trust fund and said deposit may be co-mingled with other similar deposits.
8. PARTIAL UTILIZATION: Until all work has been completed and accepted by CITY and all other public authorities having jurisdiction, OWNER shall be responsible for the care, maintenance of, and any damage to the work.
When the work or any portion of it is sufficiently complete to be utilized or placed into service, CITY shall have the right upon written notification to OWNER to utilize such portions of the work and to place the operable portions into service. With this notice and commencement of utilization or operation by the CITY, OWNER shall be relieved of the duty of maintaining the portions so utilized or placed into operation. However, such use and operation shall not relieve OWNER of the full responsibility for completing the work in its entirety, for making good defective work and materials, for protecting the work from damage, and for being responsible for damage and for the work to the extent required in this agreement. Nor shall such action by CITY be deemed completion and acceptance. Further, such action shall not relieve OWNER, or OWNER's sureties and insurers, of the provisions hereof relating to indemnity and guarantees.
9. ACCEPTANCE OF PROJECT/WARRANTY: Acceptance of the work shall only be by action of the City Council. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by CITY of any defects in the work. From and after acceptance, the work shall be owned and operated by CITY. As a condition to acceptance, OWNER and OWNER's contractor shall each certify to CITY in writing that all of the work has been performed in strict conformity with the agreement and that all costs have been paid or supply to CITY security, satisfactory to CITY, guaranteeing such performance.
In addition to OWNER's other obligations under the agreement, OWNER warrants all work and materials to be of good quality and fit for the purpose and intended use. OWNER shall repair, replace, and restore any and all such work which may prove defective in workmanship and/or materials, without expense whatsoever to CITY; ordinary wear and tear and unusual abuse or neglect excepted. OWNER shall also repair, replace, and restore any other work which is displaced in correcting defective work, as well as other portions of the work which CITY by reason of such defects reasonably suspects may also be defective. OWNER shall provide a warranty bond or other security satisfactory to CITY for a period of one (1) year. Said bond or other security shall be in an amount satisfactory to CITY, but in no case less than ten (10) percent of project cost. Said bond or other security shall in no way limit the time within which CITY may bring action for breach of this warranty (CCP 337) or action for latent defects (CCP 337 .15) nor the amount of such claim or judgment.
In the event of a failure to commence with the compliance of above-mentioned conditions within thirty (30) calendar days after being notified in writing or failure to diligently pursue such compliance to completion, CITY is hereby authorized to proceed to have the defects repaired and made good at the expense of OWNER who hereby agrees to pay the cost and charges therefor immediately on demand.
If, in the reasonable opinion of CITY, nonconforming work creates a dangerous condition or requires immediate correction or repair to prevent further loss to CITY or to prevent interruption of operations, CITY will attempt to give the OWNER notice. If OWNER cannot be contacted or does not comply with CITY's request for correction within a reasonable time as determined by CITY, CITY may proceed to make such correction or provide such repair. The costs of such correction or repair shall be charged against OWNER, who agrees to make payment for said 7 of 14 Agreement - 5 of 8
September 16, 2025, Item #9
costs upon demand.
Corrective action by CITY will not relieve OWNER or OWNER's sureties or insurers of the guarantees and indemnities of this agreement.
This paragraph does not in any way limit CITY's remedies pursuant to Code of Civil Procedure, Section 337 and 337.15, or the guarantee on any items for which a longer guarantee is specified or on any items for which a manufacturer or supplier gives a longer guarantee period. OWNER agrees to act as a co-guarantor with such manufacturer or supplier, and shall furnish CITY all appropriate guarantee or warranty certificates provided by any third party manufacturer or supplier upon completion of the project. No manufacturers guarantee period shall in any way limit the liability of OWNER or OWNER's sureties and insurers under the indemnity or insurance provisions of this agreement.
10. EASEMENTS AND FEE INTERESTS: OWNER shall at OWNER's sole cost and expense, furnish CITY with appropriate easements and fee title to required facilities sites for the entire work, free and clear of all liens, encumbrances, restrictions, and covenants, other than current real property taxes then a lien but not yet payable. At OWNER's cost and expense, OWNER shall furnish CITY with an acceptable title insurance policy insuring CITY has title as required above with an endorsement insuring CITY against mechanic's lien claims arising out of the performance of the work. Easements shall be in standard form acceptable to CITY, shall be not less than the width CITY determines necessary to maintain the work and shall be executed and delivered to CITY concurrent with execution of this agreement. Easements shall be recorded prior to CITY accepting the work or furnishing services to any portions of the property under development ( other than those as may be delivered under a temporary service agreement with OWNER).
11. CONTRACTORS AND AGENTS: OWNER shall be as fully responsible to CITY for the acts and omissions of OWNER's contractor and of the persons directly or indirectly employed by OWNER's contractor as OWNER is for the acts and omissions of persons directly or indirectly employed by OWNER. Nothing contained in the agreement shall create any contractual relationship between any contractor or others and CITY. OWNER shall bind every contractor to be bound by the terms of this agreement.
12. DEFAULT BY OWNER: OWNER shall be in default of this agreement if OWNER refuses or fails to construct the improvements required hereby in a workmanlike manner, or OWNER refuses or fails to prosecute the work or any separable part thereof with such diligence as will ensure its completion within two years from the agreement date, or any written extension thereof, or fails to complete such work within such time, or if OWNER should be adjudged bankrupt, make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of OWNER's insolvency or if OWNER or the contractor, or any of their subcontractors violate any of the provisions of this agreement, or if OWNER fails to make prompt payment for materials or labor or if OWNER disregards laws, ordinances, or instructions of CITY given in accordance with this agreement. CITY shall serve written notice upon the OWNER and OWNER's surety of its intention to declare this agreement in default. Said notice will contain the reasons for such intention to declare a default. Unless, within thirty (30) days after the service of such notice, such violations shall cease and satisfactory arrangements for the corrections thereof be made, this agreement shall upon the expiration of said time be in default.
Upon such default, CITY shall serve written notice thereof upon the surety and OWNER, and the surety shall have the right to take over and perform this agreement. If the surety does not, within thirty (30) days after the serving upon it of a notice of default, give CITY written notice of its intention to take over and perform this agreement or does not commence performance 8 of 14 Agreement - 6 of 8
September 16, 2025, Item #9
thereof within thirty (30) days from the date of CITY's notice, CITY may take over the work and prosecute the same to the extent of completion it deems necessary by contract or by any other method it may deem advisable for the account and at the expense of OWNER, and the surety shall be liable to CITY for any cost or other damage occasioned CITY thereby. In such event, CITY may, without liability for so doing, take possession of and utilize in completing such work, such materials, appliances, plants, and other property belonging to OWNER that may be on the site of the work and be necessary therefore. Should surety fail to take over and diligently perform the agreement upon Principal's default, surety agrees to promptly, on demand, deposit with CITY such amount as CITY may reasonably estimate as the cost of completing all of OWNER's obligations. For any such work that CITY elects to complete by furnishing its own employees, materials, tools, and equipment, CITY shall receive reasonable compensation therefore, including costs of supervision and overhead.
CITY may, at its option, elect not to complete any or all of the work and may elect not to accept any of the work already completed. If CITY elects not to accept any of the work, then all CITY's obligations to OWNER and the lands to be served shall terminate. CITY's obligations to OWNER and the lands to be served shall continue to the extent of any acceptance, subject to CITY's right to offset any sums due it.
The foregoing provisions are in addition to, and not in limitation of, any other rights or remedies available to CITY.
13. REMOVAL OF IMPROVEMENTS: If the work is suspended or otherwise not continuously prosecuted for any cause whatsoever for a period of more than 30 consecutive days, within or without the time for completion, OWNER shall, at OWNER's sole cost and expense, remove and replace all or any portion of the work already completed and inspected which CITY, in its sole discretion, determines is substandard, damaged, or may constitute danger to the public.
14. ATTORNEY FEES AND COSTS: Should CITY engage an attorney to enforce any provision of this agreement or to defend any claim brought by anyone arising out of the failure of OWNER to perform any of OWNER's obligations under this agreement, OWNER shall pay all of CITY's attorney's fees incurred in connection therewith, with or without suit, whether or not said attorney is in the regular employ of the CITY if the CITY is determined to be the prevailing party in any final judicial determination by a court of competent jurisdiction.
15. FUTURE CHARGES: Nothing in this agreement shall relieve OWNER or OWNER's successors or assigns of any obligation to pay any connection, installation, expansion or other fees, charges, or other expenses, including operation and maintenance expenses, required under any present or future established ordinances, rules, regulations, and policies of CITY.
16. ASSIGNMENT: The performance of the agreement may not be assigned, by OWNER except to (i) an affiliate, (ii) to any entity acquiring title to OWNER's property or (iii) or upon the written consent of CITY which will not be unreasonably withheld, conditioned or delayed. In the event the Agreement i assigned under conditions (i) or (ii), OWNER shall provide written notification to the City. Consent will not be given to any proposed assignment which would relieve OWNER or OWNER's sureties of their responsibilities under the agreement, unless CITY finds that assignee can perform this agreement and provide security comparable to that provided by OWNER.
NOTICE: All notices required hereunder shall be deemed served or given upon the earlier of actual receipt or deposit in the United States Mail, first class postage prepaid, addressed to OWNER at the address set forth below, to the surety at the address in the security instrument, and to CITY at P.O. Box 789, Poway, California 92074-0789.
9 of 14
Agreement -7 of 8
September 16, 2025, Item #9
CITY
OF
POWAY
,
ity
Manager
OWNER:
FAIRFIELD
POWAY
LLC,
A
DELAWARE
LIMITED
LIABILITY
COMPANY
ADDRESS
:
5355
Mira
Sorrento
Place,
Suite
100,
San
Diego,
CA
92121
PHONE:
(858)
628-8341
FAIRFIELD
POWAY
LLC,
a Delaware
limited
liability
company
By:
FRH
CC
MANAGER
LLC,
a Delaware
limite
iabjlity
company
its
Non-Mei
~a'~~
-
'k
(Signatures
Must
Be
Notarized)
Approved
as
to
Form:
Office
of
the
City
Attorney
d#~
Alan
Fenstermacher,
City
Attorney
Date
10 of
14 Agreement
-8
of
8 September 16, 2025, Item #9
CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGMENT
CIVIL
CODE§
1189
A
notary
public
or
other
officer
completing
this
certificate
verifies
only
the
identity
of
the
individual
who
signed
the
document
to
which
this
cert
ificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State
of
California
County
of
San
Diego
on
June
27,
2022
before
me
, __
Y_vo_n_n_e_M_a_n_n_io_n~,_N_o_t_a~ry~P_u_b_lic
____
_
Date
Here
Insert
Name
and
Title
of
the
Officer
personally
appeared
________
C.c....;_;h....;ri=s....;H....;.c_;a..;;;z..;;.e....;lt_;_:_in-'-'e'-- ____________
_
Name(s)
of
Signer(s)
who
proved
to
me
on
the
basis
of
satisfactory
evidence
to
be
the
person(s)
whose
name(s)
is/are
subscribed
to
the
within
instrument
and
acknowledged
to
me
that
he/she/they
executed
the
same
in
his/her/their
authorized
capacity(ies),
and
that
by
his/her/their
signature(s)
on
the
instrument
the
person(s),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
YVONNE
MANNION
Notary
Public
• California
San
Diego
County
Commission#
2363699
Y Comm
. Expires
Jul
1,
2025
Place
Notary
Sea/
Above
I certify
under
PENAL
TY
OF
PERJURY
under
the
laws
of
the
State
of
California
that
the
foregoing
paragraph
is
true
and
correct.
WITNESS
my
hand
and
official
seal.
f--i
.
I
Signature_....,
/_
!i,_'(_);--'~:_4.:..---'-'----'-
li.,_t ""'./""'1u=''·-v-=-=-
'--'rJ_..,__-=) _____
_
I
/
~,
Signature
of
Notary Public
u
----------------OPTIONAL---------------
Though
this
section
is
optional,
completing
this
information
can
deter
alteration
of
the
document
or
fraudulent
reattachment
of
this
form
to
an
unintended
document.
Description
of
Attached
Document
Title
or
Type
of
Document:
STl21-002
Standard
Agreement
for
Construction
of
Public
Improvements
Document
Date:
___________________
Number
of
Pages
: _____
_
Signer(s)
Other
Than
Named
Above:
________
_
_____________
_
Capacity(ies)
Claimed
by
Signer{s)
Signer's
Name:
____________
_
Signer's
Name:
____________
_
D
Corporate
Officer
-
Title(s):
______
_
D
Corporate
Officer
- T
itle(s)
: ______
_
D
Partner
-
D
Limited
D
General
D
Partner
-
D
Limited
D
General
D
Individual
D
Attorney
in
Fact
D
Individual
D
Attorney
in
Fact
D
Trustee
D
Guardian
or
Conservator
D
Trustee
D
Guardian
or
Conservator
D
Other
: ______________
_
0 Other
: _____________
_
Signer
Is
Representing
: _________
_
Signer
Is
Representing
: ________
_
©2016
National
Notary
Association•
www.NationalNotary.org
• 1-800-US
NOTARY
(1-800-876-6827)
Item
#5907
11 of
14 September 16, 2025, Item #9
CALIFORNIA
ALL
-PURPO
SE
ACKNOWLEDGMENT
CIVIL
CODE
§
1189
A
notary
public
or
other
officer
completing
this
certificate
verifies
only
the
identity
of
the
individual
who
signed
the
document
to
which
this
certificate
is attached,
and
not
the
truthfulness
, accuracy
, or
validity
of
that
document.
State
of
California
County
of
.::1-t
~ \,
P
'I-.:::-'
•{t
on·
.:T
L-\.V\
?
t\
·1,-0
t-2.
before
me,
Date
Here
Insert
Name
and
Title
of
the
Officer
personally
appeared
______
f_;-_J __
\-'-t_1\_i_~c_·~-C_"-+/ ______________
_
Name(s)
of
Signer(s)
who
proved
to
me
on
the
basis
of
sat
isfactory
evidence
to
be
the
person(s)
whose
name(s)
is/are
subscribed
to
the
within
instrument
and
acknowledged
to
me
that
he/she/they
executed
the
same
in
his/her/their
authorized
capacity(ies),
and
that
by
his/her/their
signature(s)
on
the
instrument
the
person(s),
or
the
entity
upon
behalf
of
which
the
person(s)
acted
, executed
the
instrument.
...........
,
LI Ni
A L.
Ai80TT
Notary
l"ublic
-C•lif
■rnii
S•n
Di~•
C1unty
i
C1mmissi1n
It
230'71'4
-
y (1mm
. Ex
11ir!!s
Oct
22,
2023
Place
Notary
Seal
Above
I certify
under
PENAL
TY
OF
PERJURY
under
the
laws
of
the
State
of
California
that
the
foregoing
paragraph
is
true
and
correct.
WITNESS
my
hand
and
official
seal.
Signature
of
Notary
Public
---------------oPTTONAL---------------
Though
this
section
is
optional,
completing
this
information
can
deter
alteration
of
the
document
or
fraudulent
reattachment
of
this
form
to
an
unintended
document.
Description
of
Attached
Document
Title
or
Type
of
Document:
_____________
Document
Date:
_______
_
Number
of
Pages:
___
Signer(s)
Other
Than
Named
Above:
____________
_
Capacity(ies)
Claimed
by
Signer(s)
Signer's
Name:
____________
_
Signer's
Name:
____________
_
D
Corporate
Officer
-
Title(s):
______
_
□
Corporate
Officer
-
Title(s)
: ______
_
D
Partner
-
□
Limited
□
General
□
Partner
-
□
Limited
D
General
D
Individual
□
Attorney
in
Fact
D
Individual
□
Attorney
in
Fact
D
Trustee
□
Guardian
or
Conservator
D
Trustee
D
Guardian
or
Conservator
D
Other
: _____________
_
0 Other:
_____________
_
Signer
Is
Representing:
_________
_
Signer
Is
Representing
: _________
_
<K,~~~~'g;(;,'§.<;~'§.<;'g;~~'g:,~~~'§.<;'g:,~'g;.~~~'g;.'g;(;,'§i(;/g(;)g;.'g;.~ ©2014 National
Notary
Association·
www.NationalNotary
.org
• 1-800-US
NOTARY
(1-800-876-6827)
Item
#5907
12 of
14 September 16, 2025, Item #9
OWNER:
FAIRFIELD
POWAY
LLC
Agreement
Date
SCHEDULE
A
TO
STANDARD
AGREEMENT
FOR
CONSTRUCTION
OF
PUBLIC
IMPROVEMENTS
(STl21-002
FAIRFIELD)
This
schedule
is
attached
to
and
made
a
part
of
the
Standard
Agreement
for
Construction
of
Public
Improvements between
CITY
and
OWNER
for
the
above-referenced
project.
The
following
correspond
to
the
paragraph
numbers
of
the
agreement.
1. Completion
Date:
2. Liability Insurance
Limits:
3. a.
Approved
Cost
Estimate:
b.
Approved
Security
Amount:
Performance Payment (Labor
&
Materials)
4. Deposit/Fee
Amount:
Prior
to
issuance
of
first
Building
Permit
or
two
(2)
years
from
the
date
of
this
agreement,
whichever
comes
first.
$2,000,000.00,
combined
limit
each
occurrence
$491,188.00
($540,400.00
with
10%
contingency) $540.400.00 $270,200
.00
See
Note
Below
5. Warranty
Security
Amount:
..... $""'"54-'-',"""0-'-4-"-0.'---0"""0
_________
_
(To
be
posted
prior
to
acceptance
of
work)
Note:
Prior
to
start
of
construction,
a
deposit
shall
be
paid
to
the
City
to
cover
inspection
fees
and
related
post-plan
approval
tasks.
The
minimum
deposit
shall
be
based
on
the
City's
fee
rate
at
the
time
of
payment.
Schedule
A
to
Standard
Agreement
-
1 of
1 13
of
14 September 16, 2025, Item #9
OWNER
FAIRFIELD
POWAY
LLC
Agreement
Date
SCHEDULE
8 (MONUMENT
SETTING)
TO
STANDARD
AGREEMENT
FOR
CONSTRUCTION
OF
PUBLIC
IMPROVEMENTS
(STl21-002
Fairfield
Improvements)
This
schedule
is
attached
to
and
made
a part
of
the
Standard
Agreement
for
Construction
of
Public
Improvements
between
CITY
and
OWNER
for
the
above-referenced
property.
Security
Amount:
$ ~5~1~0
.... 0 _________
_
1. Monument
Setting.
OWNER
at
OWNER's
sole
cost
and
expense
shall
within
thirty
(30)
days
of
acceptance
of
the
work,
cause
a
licensed
surveyor
engineer
to
set
all
monuments
and
stakes
not
installed
on
the
date
of
recording
of
the
Final
Map
for
the
above
reference
property,
or
which
having
been
set
were
removed,
altered
or
destroyed
before
acceptance
.
2. Security
Deposit.
OWNER
concurrently
herewith
shall
deposit
the
amount
specified
above
in
a
form
approved
by
the
City
engineer,
as
additional
and
independent
security
for
the
performance
of
the
setting
and
payment
of
the
engineer
or
surveyor.
3. Notice
of
Setting.
Within
five
(5)
days
after
the
final
setting
of
all
monuments
has
been
completed,
the
engineer
or
surveyor
shall
give
written
notice
thereof
to
OWNER
and
the
CITY.
4. Payment
of
Engineer.
Upon
completion
of
setting
to
CITY's
satisfaction
and
payment
to
the
engineer
or
surveyor,
OWNER
shall
present
to
CITY
evidence
of
such
payment
and
receipt
thereof
by
the
engineer
or
surveyor
and
the
deposit
will
then
be
refunded
to
OWNER.
5. Nonpayment.
If OWNER
does
not
present
evidence
of
payment
and
if the
engineer
or
surveyor
notifies
the
CITY
of
nonpayment,
the
CITY
may,
within
three
(3)
months
from
the
date
of
said
notification,
pay
the
engineer
or
surveyor
the
amount
due
from
any
deposit
or
security
therefor.
6. Death
or
Disability
of
Engineer.
Upon
the
death,
disability
or
retirement
from
practice
of
or
refusal
to
act
by
the
engineer
or
surveyor
charged
with
the
responsibility
for
setting
monuments,
CITY
may
direct
its
engineer
or
such
engineer
or
surveyor
as
it
may
select,
to
set
the
monuments.
If
the
original
engineer
or
surveyor
is
replaced
by
another,
the
former
may,
by
letter
to
CITY,
release
the
right
to
set
the
final
monuments
to
the
substitute
surveyor
or
engineer.
When
the
monuments
are
so
set,
the
substitute
engineer
shall
amend
any
Final
Map
in
accordance
with
the
correction
and
amendment
provisions
of
Sections
66469
through
66472
of
the
Subdivision
Map
Act.
All
provisions
of
this
agreement
relating
to
payment
shall
apply
to
the
service
performed
by
the
substitute
engineer
or
surveyor.
14 of
14 September 16, 2025, Item #10
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
CONTACT:
September 16, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Servic~
Sara Trunzo, Senior Civil Engineer
(858) 668-4622 or [email protected]
CITY COUNCIL
SUBJECT: Acceptance of Public Improvements for the Lyon Estates Project, Street Improvement Plan 21-003
Summary:
Street Improvement Plan (STI) 21-003 for the Lyon Estates project included trail improvements, sewer and water main extensions, and fire hydrants. The improvements are complete and ready for acceptance.
Recommended Action:
It is recommended the City Council:
1) Accept the improvements shown on the plans for STI 21-003 as complete; 2) Release the Performance Bond in the amount of $180,000; 3) Release the Payment Bond in the amount of $90,000; and 4) Retain the Warranty Bond in the amount of $39,180 for a period of one (1) year.
Discussion:
City Council approved the Tentative Tract Map (TTM) 16-005 for the Lyon Estates residential subdivision at the east end of Larchmont Street on March 20, 2018. As a condition of approval for the development, the project was required to install public improvements to serve the project including grading, signage and erosion protection for the public trail within the subdivision boundary in accordance with the City's General Plan, as well as an additional trail south of Summit Trail Road as a benefit to the community. Additionally, required public improvements were sewer and water main extensions, and fire hydrants. The improvements have been completed in accordance with the project plans, the Standard Agreement for Construction of Public Improvements (Attachment A), and have been accepted by the Development Services Department. Poway Municipal Code 16.20.110 requires that any and all securities for work estimated to cost over $100,000, or securities required to be posted in conjunction with any subdivision or parcel map, be released by City Council. Since these improvements were in conjunction with a subdivision, and were valued over $100,000, City Council 1 of 14
September 16, 2025, Item #10
the release
of
the
securities
associated
with
this
project.
Environmental
Review:
On
March
20,
2018,
the
City
Council
adopted
a
Final
Mitigated
Negative
Declaration
(SCH#
2018021026)
and
approved
TTM
16-005
for
the
10-lot
Larchmont
Street
Subdivision
project.
The
forementioned
improvements
have
been
completed
in
accordance
with
the
Conditions
of
Approval,
along
with
the
Project's
Final
Mitigated
Negative
Declaration's
(MND)
Mitigation
Monitoring
and
Reporting
Program
(MMRP)
.
Therefore,
no
further
environmental
review
is
required
for
the
acceptance
of
the
improvements.
Fiscal
Impact:
There
is
no
Fiscal
Impact
as
a
result
of
the
requested
action.
Public
Notification:
None
.
Attachments: A.
Standard
Agreement
Reviewed/Approved
By:
Wend
aserman
Assistant
City
Manager
2 of
14 Reviewed
By:
Alan
Fenstermacher
City
Attorney
:::~-/4
City
Manager
September 16, 2025, Item #10
Poway, California 6 \ 1G\z·c1_
Agreement Date
STANDARD AGREEMENT FOR CONSTRUCT/ON
OF PUBLIC IMPROVEMENTS
(Lyon Estates -STl21-003)
The CITY OF POWAY ("CITY") and New Pointe Investment 43 LLC. ("OWNER") agree as follows:
A. OWNER is required to construct the following public improvements ("work") for the above referenced project:
a. Installation of a public water main, fire hydrants, and associated appurtenances b. Installation of a public sewer main and manholes
c. New curb, gutter, sidewalk, and pavement for a portion of Larchmont Drive d. Installation of 35 monuments
B. CITY approved plans and specifications for the construction of the work, which are incorporated herein by reference, and identified as Public Improvement Plans STl21- 003.
C. The following are attached hereto and made a part hereof:
Schedule A
Schedule B
Public Improvements
Monument Setting
1. IMPROVEMENTS: TIME TO PERFORM: For valuable consideration OWNER agrees to do, or cause to be done, at OWNER's expense and without any cost or liability to the CITY, all of the work described herein by the date specified on Schedule A. OWNER warrants that all of the materials supplied and work to be done will be of good quality and workmanship. Said work shall be in strict conformity with the plans and specifications of the work, the standard specifications and drawings for public improvements adopted by CITY, and this agreement.
OWNER shall furnish all transportation, equipment, labor, services, permits, utilities, and all other items necessary to complete the work. OWN ER shall pay all claims, demands, and liability arising out of or resulting from or in connection with the performance of the work. OWNER shall furnish accurate "as constructed" plans. In addition, Owner shall, prior to acceptance of the work by City Council, set all final monuments and stakes. OWNER's obligations herein are not limited by any cost estimates, nor will any estimate be a measure of damages.
CITY, in its sole discretion and without liability to CITY, City Council Members, CITY's Engineer and their consultants, and each of their officials, directors, officers, employees and agents, may require changes, alterations, or additions to the plans and specifications which do not exceed ten percent (10%) of the original CITY approved cost estimate of the work. CITY, in its sole discretion and without liability to CITY, City Council Members, CITY's Engineer and their consultants, and each of their officials, directors, officers, employees and agents, may require changes, alterations, or additions in addition to said ten percent (10%) limitation if required to correct errors or omissions in the approved plans and specifications, and for unforeseen conditions such as, but not limited to, rock excavation, unstable soil conditions, or high water tables requiring de-watering.
Agreement - 1 of 8
3 of 14 ATTACHMENT A
September 16, 2025, Item #10
2. INSURANCE: OWNER shall not commence or continue to perform any work unless OWNER has in full force and effect all required insurance with companies satisfactory to CITY. To be acceptable, insurers must be authorized to do business and have an agent for service of process in California, and have an "A" policyholder's rating and a financial rating of at least Class XI in accordance with the current Best's Ratings. OWNER shall not permit any contractor or subcontractor to perform any work unless the worker's compensation insurance requirements have been complied with by each of them. All insurance policies shall be maintained until the work is accepted by the CITY and provide for coverage of all causes of action or disputes arising out of acts in performance of the construction of the public improvement herein whether said causes or disputes are filed or brought to the attention of the CITY before or after the CITY acceptance of work.
With approval of the CITY's Attorney, insurance coverage required by this section may be satisfied by insurance held in name of prime contractor of OWNER, provided that prime contractor coverage is sufficiently broad to include all losses on job site.
As evidence of coverage, OWNER shall provide certificates of insurance and endorsement of CITY forms. Each certificate shall bear an endorsement waiving right of cancellation or change in coverage without forty-five (45) days notice in writing delivered to CITY.
Before issuance of construction permit, OWNER shall provide certificate(s) of insurance, satisfactory to CITY, certifying that OWNER, and each of OWNER'S contractors, has for the agreement period, full worker's compensation insurance coverage for all persons who are or may be employed in carrying out the work.
Before issuance of construction permit, OWNER shall provide to CITY, certificates of insurance and endorsements that OWNER has liability insurance coverage naming CITY as additional insured for both bodily injury and property damage in a single limit of not less than that specified on Schedule A for any one occurrence.
Liability insurance coverage shall include each of the following types of insurance as required by the CITY to carry out this agreement.
A. General Liability
1. Comprehensive Form
2. Premises-Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/Completed Operations
Hazard
6. Contractual Insurance
7. Broad Form Property Damage
Including Completed Operations
8. Independent Contractors
9. Personal Injury
B.
1. 2.
3. 4.
Automobile Liability
Comprehensive Form,
Including Loading and Unloading
Owned
Hired
Non-Owned
Contractual insurance shall be sufficiently broad to indemnify CITY as set forth in Paragraph 4.
Any liability insurance naming the CITY insured, shall include as additional insured City Council Members, CITY's Engineer and their consultants, officials, directors, officers, agents, and employees. Insurance afforded them shall be primary insurance and the amount provided shall not be reduced or prorated by reason of any other insurance they might have.
Agreement -2 of 8
4 of 14
September 16, 2025, Item #10
Nothing contained in these insurance requirements shall limit the liability of OWNER or OWNER's insurance companies. Review and acceptance of insurance certificates shall not constitute any representation by CITY or its representative that any required insurance has been issued.
3. OWNER'S LIABILITY: OWNER shall, at OWNER's sole cost and expense, be solely and completely responsible for all matters affecting the design, prosecution, progress and completion of the work, (both on and off the job site). OWNER shall be responsible for observing all laws. OWNER shall provide for public convenience and safety, and safety of workers, including OWNER's workers and those of OWNER's contractors, subcontractors and suppliers, and others contributing to the work. OWN ER shall protect CITY property and property rights of others, including the location, maintenance and replacement of utilities, whether shown on the plans or not. OWNER shall give prior notification to utility owners. OWNER shall protect against and prevent drainage from storm runoff. OWNER shall not interfere with the lawful use by others of easements and rights-of-way. Nothing in this agreement, the specification, or other contract documents, or CITY's approval of the plans and specifications or inspection of the work, shall relieve the OWNER or contractor of full responsibility for all aspects of the work. CITY, City Council Members, CITY's Engineer, and their consultants, and each of their officials, directors, officers, employees, and agents shall have liability for any aspect of the work.
4. OWNER'S INDEMNIFICATION: For Claims (as defined herein) arising out of the work contemplated to be performed by OWNER under this agreement, CITY and its elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to OWNER or any other person for, and OWNER 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 OWNER's negligent performance under this agreement, or by the negligent or willful acts or omissions of OWNER, its agents, officers, directors, contractors, or employees.
The foregoing obligations of OWNER shall not apply to the extent that the Claims arise from the negligence or willful misconduct of CITY or its elected and appointed boards, officials, officers, agents, employees and volunteers.
In any and all Claims against CITY by any employees of the OWNER, anyone directly or indirectly employed by OWNER, or anyone for whose acts OWNER may be liable, the indemnification obligation under this Section 4 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the OWNER under worker's compensation acts, disability benefit acts or other employee benefit acts.
OWNER shall also indemnify and hold harmless CITY, City Council Members, CITY's Engineer, and their consultants, and each of their officials, directors, officers, employees and agents from and against all losses, expenses, damages (including damages to the work itself), attorneys fees, and other costs, including costs of defense, which any of them may incur both during and after completion with respect to any latent deficiency in the design, specifications, surveying, planning, supervision, observation of or construction of the improvements referred to herein or any injury to a person or property, real or personal, as a result of any such latent deficiency.
CITY's costs shall include the cost of inspecting and restoring other portions of the work which CITY reasonably suspects may also be defective by reason of known defects in the work or other work performed by OWNER or OWNER's contractors, subcontractors, or suppliers or Agreement -3 of 8
5 of 14
September 16, 2025, Item #10
designed
by
their
representatives.
Provisions
of
this
Paragraph
4 shall
remain
in
effect
ten
(10)
years
following
acceptance
of
improvements
by
the
CITY.
Nothing
contained
herein
shall
limit
CITY's
remedies
pursuant
to
Code
of
Civil
Procedure,
Section
337.15.
5. SECURITY:
With
the
execution
of
this
agreement,
OWNER
shall
furnish
and
deliver
to
CITY
,
at
no
expense
to
CITY,
a
payment
bond
and
a
performance
bond
. Each
shall
be
in
the
amount
of
the
CITY-approved
estimate
specified
on
Schedule
A.
Bonds
shall
be
furnished
by
surety
companies
satisfactory
to
the
CITY
on
the
forms
provided
by
CITY.
No
alterations
or
substitution
of
said
forms
will
be
allowed.
To
be
acceptable,
surety
companies
must
be
authorized
to
do
business
and
have
an
agent
for
service
of
process
in
California,
be
on
the
accredited
list
of
the
United
States
Treasury
Department,
and/or
have
an
"A"
policy
holders
rating
and
a
financial
rating
of
Class
XI
or
better
in
accordance
with
the
current
"Best's
Rating."
The
bonds
will
be
limited
to
amounts
acceptable
to
the
Treasury
Department.
None
of
the
following
shall
in
anywise
affect
the
obligations
of
any
surety.
Each
surety
waives
notice
thereof:
(a)
any
change,
extension
of
time,
alteration,
or
additions
to
the
terms
of
the
agreement
, or
the
work
to
be
performed,
or
the
plans
and
specifications
therefore;
(b)
any
matters
unknown
to
surety
which
might
affect
surety's
risk
except
that
CITY
will
advise
surety
upon
request
of
the
following:
(1)
any
written
claims
it
receives
from
unpaid
subcontractors
or
suppliers,
and
(2)
any
written
orders
received
from
other
public
authorities
charging violations
of
laws,
ordinances
or
regulations,
and
(3)
failure
of
OWNER
to
comply
with
any
written
notice
to
correct
defective
work.
The
obligations
of
OWNER
shall
not
be
limited
by
the
amount
of
such
bonds.
6. TYPES/AMOUNT
OF
SECURITY:
In
lieu
of
payment
and
performance
bonds,
OWNER
may
furnish
CITY
either
cash,
a
Letter
of
Credit,
or
an
Agreement
of
Deposit
as
security
for
performance.
Said
security
shall
be
in
amount
no
less
than
one
hundred
percent
(100%)
of
the
cost
estimate
and,
in
addition,
for
payment
of
those
furnishing
materials,
labor
or
equipment
in
amount
not
less
than
fifty
percent
(50%)
of
the
cost
estimate.
Said
security
agreements
shall
be
on
forms
furnished
by
CITY.
No
alterations
or
substitution
of
said
forms
will
be
allowed.
The
obligations
of
OWNER
shall
not
be
limited
by
the
amount
of
the
security
required.
7. COSTS
AND
DEPOSITS:
OWNER
agrees
to
pay
CITY,
on
demand,
the
full
amount
of
all
of
CITY's
costs
incurred
in
connection
with
the
work
and
this
agreement.
These
costs
include,
but
are
not
limited
to,
plan
checking,
inspection,
materials
furnished,
attorneys
fees
incurred
in
connection
with
preparing
and
negotiating
this
agreement,
and
all
other
expenses,
including
engineers
and
attorneys
fees
of
CITY,
directly
attributable
to
the
work
and
this
agreement.
These
costs
shall
include
a
reasonable
amount
for
CITY's
overhead
in
connection
therewith,
plus
any
applicable
fees
of
CITY.
CITY's
costs
shall
include
the
cost
of
inspecting
and
restoring
other
portions
of
the
work
both
during
and
after
acceptance,
which
CITY
reasonably
suspects
may
also
be
defective
by
reason
of
known
defects
in
the
work
or
other
work
performed
by
OWNER
or
OWNER's
contractors,
subcontractors,
or
suppliers
or
designed
by
their
representatives.
OWNER
shall
deposit
with
CITY
concurrently
with
the
execution
of
this
agreement,
such
sums
as
the
CITY
establishes
as
deposits
set
forth
on
Schedule
A.
Should
the
actual
expenses
be
in
excess
of
the
deposit
set
forth
on
Schedule
A,
OWNER
shall
pay
the
amount
of
such
excess
on
demand.
Should
the
a,ctual
expenses
be
less
than
the
estimated
deposit
on
Schedule
A,
the
difference,
without
interest,
shall
be
refunded
to
OWNER
within
ninety
(90)
days
of
acceptance
of
work
by
CITY;
provided,
however,
the
CITY
shall
have
the
right
first
to
apply
any
excess
monies
to
any
other
obligation
which
OWNER
might
have
to
CITY.
Said
deposit
is
not
a
trust
fund
and
said
deposit
may
be
co-mingled
with
other
similar
deposits.
8. PARTIAL
UTILIZATION:
Until
all
work
has
been
completed
and
accepted
by
CITY
and
all
other
Agreement
-4
of
8 6
of
14 September 16, 2025, Item #10
public
authprities
having jurisdiction,
OWNER
shall
be
responsible
for
the
care,
maintenance
of,
and
any
damage
to
the
work.
When
the
work
or
any
portion
of
it
is
sufficiently
complete
to
be
utilized
or
placed
into
service,
CITY
shall
have
the
right
upon
written
notification
to
OWNER
to
utilize
such
portions
of
the
work
and
to
place
the
operable
portions
into
service.
With
this
notice
and
commencement
of
utilization
or
operation
by
the
CITY,
OWNER
shall
be
relieved
of
the
duty
of
maintaining
the
portions
so
utilized
or
placed
into
operation.
However,
such
use
and
operation
shall
not
relieve
OWNER
of
the
full
responsibility
for
completing
the
work
in
its
entirety,
for
making
good
defective
work
and
materials,
for
protecting
the
work
from
damage,
and
for
being
responsible
for
damage
and
for
the
work
as
set
forth
herein.
Nor
shall
such
action
by
CITY
be
deemed
completion
and
acceptance.
Further,
such
action
shall
not
relieve
OWNER,
or
OWNER's
sureties
and
insurers
,
of
the
provisions
hereof
relating
to
indemnity
and
guarantees.
9. ACCEPTANCE
OF
PROJECT/WARRANTY:
Acceptance
of
the
work
shall
only
be
by
action
of
the
City
Council.
Neither
the
acceptance
nor
any
prior
inspections
or
failure
to
inspect
shall
constitute
a
waiver
by
CITY
of
any
defects
in
the
work.
From
and
after
acceptance,
the
work
shall
be
owned
and
operated
by
CITY.
As
a
condition
to
acceptance,
OWNER
and
OWNER's
contractor
shall
each
certify
to
CITY
in
writing
that
all
of
the
work
has
been
performed
in
strict
conformity
with
the
agreement
and
that
all
costs
have
been
paid
or
supply
to
CITY
security,
satisfactory
to
CITY,
guaranteeing
such
performance.
In
addition
to
OWNER's
other
obligations
under
the
agreement,
OWNER
warrants
all
work
and
materials
to
be
of
good
quality
and
fit
for
the
purpose
and
intended
use.
OWNER
shall
repair,
replace,
and
restore
any
and
all
such
work
which
may
prove
defective
in
workmanship
and/or
materials,
without
expense
whatsoever
to
CITY;
ordinary
wear
and
tear
and
unusual
abuse
or
neglect
excepted.
OWNER
shall
also
repair,
replace,
and
restore
any
other
work
which
is
displaced
in
correcting
defective
work,
as
well
as
other
portions
of
the
work
which
CITY
by
reason
of
such
defects
reasonably
suspects
may
also
be
defective.
OWNER
shall
provide
a
warranty
bond
or
other
security
satisfactory
to
CITY
for
a
period
of
one
(1)
year.
Said
bond
or
other
security
shall
be
in
an
amount
satisfactory
to
CITY,
but
in
no
case
less
than
ten
(10)
percent
of
project
cost.
Said
bond
or
other
security
shall
in
no
way
limit
the
time
within
which
CITY
may
bring
action
for
breach
of
this
warranty
(CCP
337)
or
action
for
latent
defects
(CCP
337.15)
nor
the
amount
of
such
claim
or
judgment.
In
the
event
of
a failure
to
commence
with
the
compliance
of
above-mentioned
conditions
within
seven
(7)
calendar
days
after
being
notified
in
writing
or
failure
to
diligently
pursue
such
compliance
to
completion,
CITY
is
hereby
authorized
to
proceed
to
have
the
defects
repaired
and
made
good
at
the
expense
of
OWNER
who
hereby
agrees
to
pay
the
cost
and
charges
therefor
immediately
on
demand
.
If,
in
the
opinion
of
CITY,
nonconforming
work
creates
a
dangerous
condition
or
requires
immediate
correction
or
repair
to
prevent
further
loss
to
CITY
or
to
prevent
interruption
of
operations
, CITY
will
attempt
to
give
the
OWNER
notice.
If
OWNER
cannot
be
contacted
or
does
not
comply
with
CITY's
request
for
correction
within
a
reasonable
time
as
determined
by
CITY,
CITY
may
proceed
to
make
such
correction
or
provide
such
repair.
The
costs
of
such
correction
or
repair
shall
be
charged
against
OWNER,
who
agrees
to
make
payment
for
said
costs
upon
demand.
Corrective
action
by
CITY
will
not
relieve
OWNER
or
OWNER's
sureties
or
insurers
of
the
guarantees
and
indemnities
of
this
agreement.
This
paragraph
does
not
in
any
way
limit
CITY's
remedies
pursuant
to
Code
of
Civil
Procedure,
Agreement
- 5
of
8 7
of
14 September 16, 2025, Item #10
Section
337
and
337
.15,
or
the
guarantee
on
any
items
for
which
a longer
guarantee
is
specified
or
on
any
items
for
which
a
manufacturer
or
supplier
gives
a longer
guarantee
period.
OWNER
agrees
to
act
as
a
co-guarantor
with
such
manufacturer
or
supplier,
and
shall
furnish
CITY
all
appropriate
guarantee
or
warranty
certificates
upon
completion
of
the
project.
No
manufacturers
guarantee
period
shall
in
any
way
limit
the
liability
of
OWNER
or
OWNER's
sureties
and
insurers
under
the
indemnity
or
insurance
provisions
of
this
agreement.
10. EASEMENTS
AND
FEE
INTERESTS:
OWNER
shall
at
OWNER's
sole
cost
and
expense,
furnish
CITY
with
appropriate
easements
and
fee
title
to
required
facilities
sites
for
the
entire
work
, free
and
clear
of
all
liens
, encumbrances,
restrictions,
and
covenants,
other
than
current
real
property
taxes
then
a
lien
but
not
yet
payable.
At
OWNER
's
cost
and
expense,
OWNER
shall
furnish
CITY
with
an
acceptable
title
insurance
policy
insuring CITY
has
title
as
required
above
with
an
endorsement
insuring
CITY
against
mechanic's
lien
claims
arising
out
of
the
performance
of
the
work.
Easements
shall
be
in
standard
form
acceptable
to
CITY,
shall
be
not
less
than
the
width
CITY
determines
necessary
to
maintain
the
work
and
shall
be
executed
and
delivered
to
CITY
concurrent
with
execution
of
this
agreement.
Easements
shall
be
recorded
prior
to
CITY
accepting
the
work
or
furnishing
services
to
any
portions
of
the property
under
development
(other
than
those
as
may
be
delivered
under a
temporary
service
agreement
with
OWNER).
11. CONTRACTORS
AND
AGENTS:
OWNER
shall
be
as
fully
responsible
to
CITY
for
the
acts
and
omissions
of
OWNER's
contractor
and
of
the
persons
directly
or
indirectly
employed
by
OWNER's
contractor
as
OWNER
is
for
the
acts
and
omissions
of
persons
directly
or
indirectly
employed
by
OWNER.
Nothing
contained
in
the
agreement
shall
create
any
contractual
relationship
between
any
contractor
or
others
and
CITY.
OWNER
shall
bind
every
contractor
to
be
bound
by
the
terms
of
this
agreement.
12. DEFAULT
BY
OWNER:
OWNER
shall
be
in
default
of
this
agreement
if,
in
the
sole
discretion
of
the
CITY,
OWNER
refuses
or
fails
to
construct
the
improvements
required
hereby
in
a
workmanlike
manner,
or
OWNER
refuses
or
fails
to
prosecute
the
work
or
any
separable
part
thereof
with
such
diligence
as
will
ensure
its
completion
within
the
time
specified
herein,
or
any
written
extension
thereof
, or
fails
to
complete
such
work
within
such
time,
or
if
OWNER
should
be
adjudged
bankrupt,
make
a
general
assignment
for
the
benefit
of
creditors
, or
if a
receiver
should
be
appointed
on
account
of
OWNER's
insolvency
or
if OWNER
or
the
contractor
, or
any
of
their
subcontractors
violate
any
of
the
provisions
of
this
agreement
, or
if OWNER
fails
to
make
prompt
payment
for
materials
or
labor
or
if OWNER
disregards
laws
, ordinances,
or
instructions
of
CITY.
CITY
shall
serve
written
notice
upon
the
OWNER
and
OWNER's
surety
of
its
intention
to
declare
this
agreement
in
default.
Said
notice
will
contain
the
reasons
for
such
intention
to
declare
a
default.
Unless,
within
ten
(10)
days
after
the
service
of
such
notice,
such
violations
shall
cease
and
satisfactory
arrangements
for
the
corrections
thereof
be
made,
this
agreement
shall
upon
the
expiration
of
said
time
be
in
default.
Upon
such
default,
CITY
shall
serve
written
notice
thereof
upon
the
surety
and
OWNER,
and
the
surety
shall
have
the
right
to
take
over
and
perform
this
agreement.
If
the
surety
does
not,
within
fifteen
(15)
days
after
the
serving
upon
it
of
a
notice
of
default,
give
CITY
written
notice
of
its
intention
to
take
over
and
perform
this
agreement
or
does
not
commence
performance
thereof
within
thirty
(30)
days
from
the
date
of
CITY's
notice,
CITY
may
take
over
the
work
and
prosecute
the
same
to
the
extent
of
completion
it deems
necessary
by
contract
or
by
any
other
method
it
may
deem
advisable
for
the
account
and
at
the
expense
of
OWNER,
and
the
surety
shall
be
liable
to
CITY
for
any
cost
or
other
damage
occasioned
CITY
thereby
.
In
such
event,
CITY
may,
without
liability
for
so
doing,
take
possession
of
and
utilize
in
completing
such
work,
such
materials
, appliances
, plants
, and
other
property
belonging
to
OWNER
that
may
be
on
the
site
of
the
work
and
be
necessary
therefore.
Should
surety
fail
to
take
over
and
diligently
Agreement
-6 of
8 8
of
14 September 16, 2025, Item #10
perform
the
agreement
upon
Principal's
default,
surety
agrees
to
promptly,
on
demand,
deposit
with
CITY
such
amount
as
CITY
may
reasonably
estimate
as
the
cost
of
completing
all
of
OWNER's
obligations.
For
any
such
work
that
CITY
elects
to
complete
by
furnishing
its
own
employees,
materials,
tools,
and
equipment,
CITY
shall
receive
reasonable
compensation
therefore,
including
costs
of
supervision
and
overhead.
CITY
may,
at
its
option,
elect
not
to
complete
any
or
all
of
the
work
and
may
elect
not
to
accept
any
of
the
work
already
completed.
If
CITY
elects
not
to
accept
any
of
the
work,
then
all
CITY's
obligations
to
OWNER
and
the
lands
to
be
served
shall
terminate.
CITY's
obligations
to
OWNER
and
the
lands
to
be
served
shall
continue
to
the
extent
of
any
acceptance,
subject
to
CITY's
right
to
offset
any
sums
due
it.
The
foregoing
provisions
are
in
addition
to,
and
not
in
limitation
of,
any
other
rights
or
remedies
available
to
CITY.
13. REMOVAL
OF
IMPROVEMENTS:
If
the
work
is
suspended
or
otherwise
not
continuously
prosecuted
for
any
cause
whatsoever,
within
or
without
the
time
for
completion,
OWNER
shall,
at
OWNER's
sole
cost
and
expense,
remove
and
replace
all
or
any
portion
of
the
work
already
completed
and
inspected
which
CITY,
in
its
sole
discretion,
determines
is
substandard,
damaged,
or
may
constitute
danger
to
the
public.
14. ATTORNEY
FEES
AND
COSTS:
Should
CITY
engage
an
attorney
to
enforce
any
provision
of
this
agreement
or
to
defend
any
claim
brought
by
anyone
arising
out
of
the
failure
of
OWNER
to
perform
any
of
OWNER's
obligations
under
this
agreement,
OWNER
shall
pay
all
of
CITY's
attorney's
fees
incurred
in
connection
therewith,
with
or
without
suit,
whether
or
not
said
attorney
is
in
the
regular
employ
of
the
CITY.
15. FUTURE
CHARGES:
Nothing
in
this
agreement
shall
relieve
OWNER
or
OWNER's
successors
or
assigns
of
any
obligation
to
pay
any
connection,
installation,
expansion
or
other
fees,
charges,
or
other
expenses,
including
operation
and
maintenance
expenses,
required
under
any
present
or
future
established
ordinances,
rules,
regulations,
and
policies
of
CITY.
16. ASSIGNMENT:
The
performance
of
the
agreement
may
not
be
assigned,
by
OWNER
except
upon
the
written
consent
of
CITY.
Consent
will
not
be
given
to
any
proposed
assignment
which
would
relieve
OWNER
or
OWNER's
sureties
of
their
responsibilities
under
the
agreement,
unless
CITY
finds
that
assignee
can
perform
this
agreement
and
provide
security
comparable
to
that
provided
by
OWNER.
17. NOTICE:
All
notices
required
hereunder
shall
be
deemed
served
or
given
upon
the
earlier
of
actual
receipt
or
deposit
in
the
United
States
Mail,
first
class
postage
prepaid,
addressed
to
OWNER
at
the
address
set
forth
below,
to
the
surety
at
the
address
in
the
security
instrument,
and
to
CITY
at
P.O.
Box
789
, Poway,
California
92074-0789.
Agreement
- 7
of
8 9
of
14 September 16, 2025, Item #10
CITY
OF
POWAY
By
~
Ch
~
-;-City
Manager
OWNER:
New
Pointe
Investment
43 LLC
c/o
New
Pointe
Communities
Inc.
By
:
ADDRESS:
16880
West
Bernardo
Drive
#110
San
Diego,
Ca
92127
PHONE:
(858)
451-8700
(Signatures
Must
Be
Notarized)
Approved
as
to
Form:
Office
of
the
City
Attorney
Alan
Fenstermacher
, City
Attorney
Date
10 of
14 Agreement
- 8
of
8 September 16, 2025, Item #10
CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGMENT
CIVIL
CODE§
1189
~i'":("cy~.£':('~~~~~cris~~~~ca:~~~'Ca~~~~~~
--~
---
~_£.ill
A
notary
public
or
other
officer
completing
this
certificate
verifies
only
the
identity
of
the
individual
who
signed
the
document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State
of
California
County
of
San
Diego
On
July
5,
2022
before
me,
___
Y_v_o_n_n_e_M_a_n_n_io_n_,
_N_o_ta_r~y_P_u_b_lic
_____
_
Date
Here
Insert
Name
and
Title
of
the
Officer
personally
appeared
______
C_h_ri_s_H--'-a_z-'--e---'lt_in_;e;__
______________
_
Name(s)
of
Signer(s)
who
proved
to
me
on
the
basis
of
satisfactory
evidence
to
be
the
person{s)
whose
name(s)
is/are
subscribed
to
the
within
instrument
and
acknowledged
to
me
that
he/she/they
executed
the
same
in
his/her/their
authorized
capacity(ies),
and
that
by
his/her/their
signature(s)
on
the
instrument
the
person(s),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
YVONNE
MANNION
Notary
Public
-California
San
Dleso
County
Commission
II 2363699
y Comm.
Expires
Jul
1,
2025
Place
Notary
Seal
Above
I certify
under
PENAL
TY
OF
PERJURY
under
the
laws
of
the
State
of
California
that
the
foregoing
paragraph
is
true
and
correct.
WITNESS
my
hand
and
official
seal.
Signature
--,"-o+-,.+..<.
..=c..c
"-.c....=..__a_.=--'-'
"-"'t-
-6lA.----'
11.-"--'---:1.D_'::'I ____
_
Signature
of
Notary
Public
---------------OPTIONAL---------------
Though
this
section
is
optional,
completing
this
information
can
deter
alteration
of
the
document
or
fraudulent
reattachment
of
this
form
to
an
unintended
document.
Description
of
Attached
Document
Title
or
Type
of
Document:
Standard
Agreement
for
Construction
fo
Public
Improvements
STl21-003
Document
Date:
___________________
Number
of
Pages:
_____
_
Signer(s)
Other
Than
Named
Above:
______________________
_
Capacity(ies)
Claimed
by
Signer(s)
Signer's
Name:
____________
_
Signer's
Name:
____________
_
D
Corporate
Officer
-
Title(s):
______
_
D
Corporate
Officer
-
Title(s):
______
_
D
Partner
-
D
Limited
D
General
D
Partner
-
D
Limited
D
General
D
Individual
D
Attorney
in
Fact
D
Individual
D
Attorney
in
Fact
D
Trustee
D
Guardian
or
Conservator
D
Trustee
D
Guardian
or
Conservator
D
Other:
______________
_
D
Other:
______________
_
Signer
Is
Representing
: _________
_
Signer
Is
Representing
: ________
_
:;<X¥;,'g(;~~'g,"§'(;'g;,'<;~;~;;
;q:!;;(-,':g(,~'§(?,~~~4'<,X;.~.,(;vq;c~g~"<,'g{;,'g,~::<,'§Z,~~'g;,'g;'g;,'g(,,g;~ ©2016
National
Notary
Association·
www.NationalNotary
.org
• 1-800-US
NOTARY
(1-800-876-6827)
Item
#5907
11 of
14 September 16, 2025, Item #10
ACKNOWL
EDGMENT
A
notary
public
or
other
officer
completing
this
certificate
verifies
only
the
identity
of
the
individual
who
signed
the
document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State
of
California
County
of
San
Diego
On
June
16,
2022
before
me,
Carrie
Lynn
Byrd,
Notary
Public
(insert
name
and
title
of
the
officer)
personally
appeared
_S_c_o_t_S_a_n_d_st_r_o_m
____________________
_
who
proved
to
me
on
the
basis
of
satisfactory
evidence to
be
the
person(s)
whose
name(s)
is/are
subscribed
to
the
within
instrument
and
acknowledged
to
me
that
he/she/they
executed
the
same
in
his/her/their
authorized
capacity(ies),
and
that
by
his/her/their
signature(s)
on
the
instrument
the
person(s),
or
the
entity
upon
behalf
of
which
the
person(s)
acted
, executed
the
instrument.
I certify
under
PENAL
TY
OF
PERJURY
under
the
laws
of
the
State
of
California
that
the
foregoing
paragraph
is
true
and
correct.
WITNESS
my
hand
and
official
seal.
(Seal)
12 of
14 CARRIE
LYNN
BYRD
Notary
Public
-Caiifornia
San
Dieg
o County
Commission
ii
2388292
Y Comm
. Expires
Dl!c 25.
2025
September 16, 2025, Item #10
OWNER: New Pointe Investment 43 LLC
Agreement Date
SCHEDULE A TO STANDARD AGREEMENT
FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS
(Lyon Estates -STl21-003)
This schedule is attached to and made a part of the Standard Agreement for Construction of Public Improvements between CITY and OWNER for the above-referenced project. The following correspond to the paragraph numbers of the agreement.
1. Completion Date:
2. Liability Insurance Limits:
3. a. Approved Cost Estimate:
b. Approved Security Amount:
Performance
Payment
(Labor & Materials)
4. Deposit/Fee Amount:
Prior to issuance of first Building Permit or two
(2) years from the date of this agreement,
whichever comes first.
$2,000,000.00, combined limit each occurrence
$391,800.00
$391 800.00
$195,900.00
See Note Below
5. Warranty Security Amount: ~$_39~1_8_0._0_0 _________ _ (To be posted prior to acceptance of work)
Note: Prior to start of construction, a deposit shall be paid to the City to cover inspection fees and related post-plan approval tasks. The minimum deposit shall be based on the City's fee rate at the time of payment.
Schedule A to Standard Agreement - 1 of 1
13 of 14
September 16, 2025, Item #10
OWNER
New
Pointe
Investment
43 LLC
Agreement
Date
SCHEDULE
B
(MONUMENT
SETTING)
TO
STANDARD
AGREEMENT
FOR
CONSTRUCTION
OF
PUBLIC
IMPROVEMENTS
(Lyon
Estates
-
STl21-003)
This
schedule
is
attached
to
and
made
a
part
of
the
Standard
Agreement
for
Construction
of
Public
Improvements
between
CITY
and
OWNER
for
the
above-referenced
property
.
Security
Amount:
=$....a1...:.4..i..:::,5=0...;::.0..:....:.0=0
_____
_
1. Monument
Setting.
OWNER
at
OWNER's
sole
cost
and
expense
shall
within
thirty
(30)
days
of
acceptance
of
the
work,
cause
a
licensed
surveyor
engineer
to
set
all
monuments
and
stakes
not
installed
on
the
date
of
recording
of
the
Final
Map
for
the
above
reference
property
, or
which
having
been
set
were
removed,
altered
or
destroyed
before
acceptance
.
2. Security
Deposit.
OWNER
concurrently
herewith
shall
deposit
the
amount
specified
above
in
a
form
approved
by
the
City
engineer,
as
additional
and
independent
security
for
the
performance
of
the
setting
and
payment
of
the
engineer
or
surveyor.
3. Notice
of
Setting.
Within
five
(5)
days
after
the
final
setting
of
all
monuments
has
been
completed,
the
engineer
or
surveyor
shall
give
written
notice
thereof
to
OWNER
and
the
CITY
.
4. Payment
of
Engineer.
Upon
completion
of
setting
to
CITY's
satisfaction
and
payment
to
the
engineer
or
surveyor,
OWNER
shall
present
to
CITY
evidence
of
such
payment
and
receipt
thereof
by
the
engineer
or
surveyor
and
the
deposit
will
then
be
refunded
to
OWNER.
5. Nonpayment.
If OWNER
does
not
present
evidence
of
payment
and
if the
engineer
or
surveyor
notifies
the
CITY
of
nonpayment
, the
CITY
may,
within
three
(3)
months from
the
date
of
said
notification,
pay
the
engineer
or
surveyor
the
amount
due
from
any
deposit
or
security
therefor.
6. Death
or
Disability
of
Engineer.
Upon
the
death
, disability
or
retirement
from
practice
of
or
refusal
to
act
by
the
engineer
or
surveyor
charged
with
the
responsibility
for
setting
monuments,
CITY
may
direct
its
engineer
or
such
engineer
or
surveyor
as
it
may
select,
to
set
the
monuments.
If
the
original
engineer
or
surveyor
is
replaced
by
another
, the
former
may,
by
letter
to
CITY,
release
the
right
to
set
the
final
monuments
to
the
substitute
surveyor
or
engineer.
When
the
monuments
are
so
set
,
the
substitute
engineer
shall
amend
any
Final
Map
in
accordance
with
the
correction
and
amendment
provisions
of
Sections
66469
through
66472
of
the
Subdivision
Map
Act.
All
provisions
of
this
agreement
relating
to
payment
shall
apply
to
the
service
performed
by
the
substitute
engineer
or
surveyor.
14 of
14 September 16, 2025, Item #11
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
September 16, 2025
Honorable Mayor and Members of the City ~o,t19cil
Eric Heidemann, Director of Public Works ~
CITY COUNCIL
Troy DePriest, Assistant Director of Public Works for Utilities --(t)V (858) 668-4750 or [email protected]
Resolution Adopting the Report on City's Water Quality Relative to Public Health Goals for 2022-2024
The City of Poway's (City) public water system is strictly regulated by the State of California and the United States federal government. The California State Water Resources Control Board's Division of Drinking Water (DDW) and the United States Environmental Protection Agency (EPA) establish Maximum Contaminant Levels (MCLs) for drinking water at very conservative levels to provide protection to consumers. The City currently meets all DDW and EPA drinking water standards and MCLs to protect public health. To continue compliance with DDW, the City is required to prepare a triennial report on the City's Water Quality Relative to Public Health Goals (PHG) for calendar years 2022, 2023, and 2024 (Attachment A) and to conduct a public hearing adopting the report through a resolution (Attachment B).
Recommended Action:
It is recommended the City Council open the public hearing, take public input, close the public hearing, and adopt the Resolution adopting the report on Water Quality Relative to Public Health Goals for 2022-2024.
Discussion:
Per California Health and Safety Code Section 116470, public water systems serving more than 10,000 service connections must prepare a brief triennial report if their water quality measurements have exceeded PHGs. The report must also list the detection of any contaminants above a Maximum Contaminant Level Goal (MCLG) set by the EPA. Only contaminants with a California primary drinking water standard and for which either a PHG or MCLG has been set are addressed in this report. This report is intended to provide additional information to the public and is supplemental to the Water Quality Report provided to water customers annually.
1 of 10
September 16, 2025, Item #11
The difference between MCLs, PHGs, and MCLGs is outlined in the attached Report on Water Quality Relative to Public Health Goals for 2022-2024. MCLs are enforceable standards and the threshold of contaminant levels for all public water systems. PHGs and MCLGs are defined as goals and not enforceable drinking water standards. Agencies are not mandated to take action to achieve these goals. It is important to note for many contaminants the health goal is zero. None of the practical risk-management factors considered by the EPA or DDW in setting drinking water MCLs are considered in setting PHGs. These factors include analytical detection capability, available treatment technology, benefits, and costs. Furthermore, many contaminants naturally present in source water cannot feasibly be reduced below PH Gs and MCLGs through Poway's current treatment process.
Water quality data collected from the City's public water system in 2022, 2023, and 2024 was used for this report. Five distinct contaminant (constituent) classifications were detected above the PHG or MCLG limits and are addressed in the report. The levels of these contaminants fall below the MCLs for drinking water standards. No action is proposed in the report as the City's drinking water meets regulatory standards and MCLs set by the DDW and the EPA.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
None.
Public Notification:
The State of California requires the City Council conduct a public hearing to consider the adoption of the Report on City's Water Quality Relative to Public Health Goals for 2022-2024. In compliance with this requirement, a Public Notice was published in the Poway News Chieftain on September 4, 2025.
Attachments:
A. Report
B. Resolution
Reviewed/Approved By:
Assistant City Manager
2 of 10
Reviewed By:
Alan Fenstermacher
City Attorney
Ap~)
ChrisHazem
City Manager
September 16, 2025, Item #11
3 of10
Report on Water Quality
Relative to Public Health
Goals for 2022-2024
ATTACHMENT A
September 16, 2025, Item #11
Back~round
CITY OF POWAY
WATER QUALITY RELATIVE TO
PUBLIC HEALTH GOALS
Published June 2025, covering years 2022 -2024
California Health and Safety Code Section 116470(b)
California Health and Safety Code Section 116470(b) specifies that public water systems with over 10,000 service connections prepare a brief triennial report if their water quality measurements have exceeded Public Health Goals (PHGs). PHGs are non-enforceable goals established by the California Environmental Protection Agency's (CalEPA) Office of Environmental Health Hazard Assessment (OEHHA). The report must also list the detection of any contaminant above the Maximum Contaminant Level Goals (MCLGs) set by the United States Environmental Protection Agency (US EPA).
Only constituents that have a California primary drinking water standard and for which a PHG or MCLG has been set are addressed in this report. This report covers the years 2022, 2023, and 2024 and follows Association of California Water Agencies (ACWA) guidelines. These reports, unique to California, are required in addition to the extensive public reporting of water quality information that the City of Poway (City) has been providing for many years and in addition to the federally mandated Consumer Confidence Reports (CCR).
The City of Poway's drinking water quality meets all State and Federal drinking water standards.
Public water systems conduct frequent and extensive tests to ensure the quality of their water. A few constituents are routinely detected at levels well below drinking water standards for which no PHG or MCLG has been adopted by OEHHA or USEPA including Total Trihalomethanes. These will be addressed in a future report after a PHG has been adopted. If a constituent was detected in the City's water supply between 2022 and 2024 at a level exceeding an applicable PHG or MCLG, this report provides information regarding the constituent as required by law, which includes:
• the numerical public health risk associated with the Maximum Contaminant Level (MCL}, PHG or MCLG;
• the category or type of risk to health that could be associated with each constituent; • the best treatment technology available that could be used to reduce the constituent level; and
• an estimate of the cost to install that treatment, if appropriate and feasible.
WHAT ARE PUBLIC HEAL TH GOALS?
Public Health Goals are set by the OEHHA, which is part of the California Environmental Protection Agency (Cal EPA). The PHGs are non-enforceable and are not required to be met by any public water system. MCLGs are the federal equivalent to PHGs. There is a difference in how each organization 4 of10
City of Poway-Public Health Goals June 2025 Page 2
September 16, 2025, Item #11
categorizes carcinogens. The MCLGs for carcinogens are set at zero because the EPA assumes there is no safe level of exposure to them. Conversely, PHGs are set at a level considered to pose no significant risk of cancer. This is usually denoted as a "one-in-a-million" cancer risk for a lifetime of exposure. At that level, not more than one person in a population of one million people drinking water daily for 70 years would be expected to develop cancer from exposure to that chemical.
Determinations of health risk at these levels are theoretical and have not been quantified or proven through scientific experimentation.
WATER QUALITY DATA
All water quality data collected from the City's public water system in 2022, 2023, and 2024 for purposes of determining compliance with drinking water standards was considered in this report. The water quality data was summarized in the City's 2022, 2023, and 2024 Annual Water Quality Reports made available to all residents and customers. Water quality data from 2022-2024 considered for this report contained no constituents that exceeded state or federal compliance standards. This report discusses five constituent classifications that were detected above the PHG or MCLG limits.
CONSTITUENTS DETECTED THAT EXCEED A PHG OR MCLG.
Radioactivity -
5 of 10
Gross Alpha: Radionuclides such as gross alpha particle in water supplies are from erosion of naturally occurring deposits. Gross alpha particle activity is a measure of the total amount of radioactivity in a water sample attributable to the radioactive decay of alpha-emitting elements. The EPAs MCLG for gross alpha particle activity is zero (0) and the MCL is 15 picocuries per liter of water (pCi/L). From 2022-2024 samples collected and analyzed from untreated surface water ranged from non-detect (ND) to 3.39 (+/-1.74) pCi/L. Although there is no PHG for Gross Alpha, the MCLG is zero. The health risk category for gross alpha particles is carcinogenicity. The numerical health risk for gross alpha, based on the MCL, is one cancer case of one-thousand people exposed over a lifetime.
Gross Beta: Gross Beta particle activity is a measure of the total amount of radioactivity in a water sample attributable to the radioactive decay of natural and man-made deposits.
OEHHA concluded in 2003 that a PHG was not practical. The MCLG for gross beta particle is zero (0) and the MCL is 4 millirems per year (4 mrem/yr) annual dose equivalent with an MCL 'trigger' of 50 pCi/I which will require additional testing. From 2022-2024 samples collected and analyzed from untreated surface water detected and ranged from ND to 5.99 (+/-1.52) pCi/L. The health risk category is carcinogenicity. The numerical health risk for Gross Beta, based on the MCL, is two cancer cases in a population of ten-thousand people exposed over a lifetime.
Uranium: Uranium is a natural-occurring radioactive element ubiquitous in geological formations and the earth's crust. Uranium is found in ground and surface waters due to erosion of natural deposits. The MCL for uranium is 20 pCi/L and PHG is 0.43 pCi/L. Samples collected from untreated surface water in 2022-2024 contained values that ranged from non detect ND to 2.69 pCi/L, with all samples below the MCL. The health risk category for uranium City of Poway-Public Health Goals June 2025 Page 3
September 16, 2025, Item #11
is carcinogenicity. The numerical health risk for uranium, based on the PHG, is one cancer case in a population of one-million people exposed over a lifetime. The actual cancer risk may be lower. These detections do not constitute a violation of drinking water regulations or indicate the water was unsafe to drink.
Arsenic -Arsenic is a naturally occurring element in the earth's crust and is widely distributed in the environment. All humans are exposed to microgram quantities of arsenic (inorganic and organic) largely from food (25 to 50 µg/day) and to a lesser degree from drinking water and air. In certain geographical areas, natural mineral deposits may contain large quantities of arsenic, and this may result in higher levels of arsenic in water. The main commercial use of arsenic in the U.S. is in pesticides, herbicides and wood preservatives. Misapplication or accidental spills of these materials could result in contamination of nearby water supplies. Arsenic does not tend to accumulate in the body at low environmental exposure levels. The levels of arsenic that most people ingest in food and water (50 µg/day) have not posed health concerns. The MCL for arsenic is 10 ppb and the PHG is 0.004 ppb. From 2022-2024 samples collected and analyzed from untreated surface water detected arsenic levels above the PHG of 2.11 ppb and below the MCL of 10 ppb.
The category of health risk associated with arsenic is carcinogenicity. The Office of Environmental Health Assessment has set the PHG at 0.004 ppb. The PHG is based on a level that will result in not more than cine excess cancer case in 1 million people who drink 2 liters daily of this water for 70 years.
The actual cancer risk may be lower or zero. The numerical health risk associated with the MCL is 2.5 cases per thousand people exposed.
Lead and Copper -There is no MCL for lead or copper. However, it is required that goo/o of samples taken from household taps in the distribution system cannot exceed an Action Level (AL) of 0.015 mg/I for lead and 1.30 mg/I for copper. The USEPA MCLG for lead is zero (0) and for copper is 1.30 mg/I.
The lead and copper sample data for this report was taken from the 2022 Lead and Copper Report submitted to the State Water Resources Control Board Division of Drinking Water (DDW). Thirty-two (32) locations were sampled from single family household taps. Samples were collected on August 8, 11, 15, and 22, 2022. The goth percentile lead level at those locations was 0.00185 mg/I and goth percentile copper level was 0.22 mg/I. The lead level of samples taken collectively falls below the goth percentile. The copper level is below the action level as well represented as the goth percentile level collectively. The public health goals of copper 0.3 mg/I and lead .0002 mg/I were not exceeded. The EPA MCLG for copper 1.30 mg/I was not exceeded. The EPA MCLG for lead (0) was exceeded. The City will submit the next required triennial Lead and Copper Report in 2025.
The action levels for lead and copper refer to a concentration measured at the tap. Much of the lead and copper in drinking water is derived from household plumbing (The Lead and Copper Rule, Title 22, California Code of Regulations section 64672.3). The category of health risk for lead is developmental neurotoxicity, cardiovascular toxicity, and carcinogenicity. The category of health risk for copper is digestive system toxicity. The numerical health risk for lead at the MCLG is one person in a million per lifetime of exposure. At the California MCL the health risk is one cancer case per million people exposed. At the MCL the actual cancer risk may be lower. The numerical health risk for copper at the California MCL is two cases per million people per lifetime of exposure. 6 of 10
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September 16, 2025, Item #11
Our public water system complies with the federal and state Lead and Copper Rule Regulations. Based on our sampling it was determined, according to regulatory requirements, that the city meets the Action Levels for lead and copper. Therefore, we are deemed by the State Water Resources Control Board Division of Drinking Water (DDW) to have "optimized corrosion control" for our distribution system. In general, optimizing corrosion control is the best available technology to deal with corrosion issues and with any lead or copper findings. We continue to monitor our water quality parameters that relate to corrosivity, such as pH, hardness, alkalinity, total dissolved solids and, if necessary, will take additional action to continue to maintain our system in an "optimized corrosion control" condition. Since we are meeting the "optimized corrosion control" requirements, it is not prudent to initiate additional corrosion control treatment, as it involves the addition of chemicals that could raise additional water quality issues. Therefore, no estimate of cost has been included.
BEST AVAILABLE TREATMENT TECHNOLOGY AND (OST ESTIMATES
Both the EPA and DDW adopt the best available technologies which are the best methods of reducing contaminant levels to the MCL. It is not always possible or feasible to determine what treatment is needed to further reduce a constituent downward towards the PHG or MCLG, many of which are set at zero. Estimating the costs to reduce a constituent to zero is difficult, if not impossible, because it is not possible to verify by analytical means that a level has been lowered to zero. In some cases, installing treatment to try and further reduce very low levels of one constituent may have adverse effects on other aspects of water quality.
Reverse osmosis (RO) is the best available technology to lower the level of the detected constituents listed in this report below the associated PH Gs since the levels are already below the MCL. Please note that accurate cost estimates are difficult, highly speculative, and theoretical. Cost estimating guides from ACWA guidance reports were used in determining the estimated cost to implement the best available technologies. According to the ACWA Cost Estimates for Treatment Technologies Survey, to install, operate, and maintain a large reverse osmosis surface water treatment plant, costs could range between approximately $2.40-$5.15 per 1,000 gallons of water treated. The Lester J. Berglund Water Treatment Plant (WTP) production capacity is 24 million gallons per day. The estimated capital cost for an RO system could be between $21,000,000 and $46,000,000. The cost per customer service connection, assuming 14,000 service connections and the full capacity utilized at the WTP could range from $1,500-$3,286 per service connection annually. There could be additional annualized costs for water conditioning to ensure water treated by RO is optimized for distribution system corrosion control. Costs including annualized capital, construction, engineering, planning, environmental, contingency, and O&M are estimated, only general assumptions can be made without extensive research and assessment by a qualified professional engineer.
RECOMMENDATIONS FOR FURTHER ACTION
The drinking water quality in the City of Poway meets all state and federal drinking water standards set to protect public health. All constituents discussed in this report were detected below the health based MCLs established for "safe drinking water." To reduce those levels even further would require a substantial undertaking of engineering analysis and cost estimating. The review would take into consideration multiple variables, including advanced treatment methods such as reverse osmosis and ultrafiltration. The effectiveness of additional or alternative treatment processes to provide any 7 of 10
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significant reductions in constituent levels is uncertain. The health benefits of further hypothetical reductions are not clear and may not be quantifiable. The city spends approximately $4,500,000 annually on conventional water treatment, including operation and maintenance of the WTP and chemicals for disinfection and conventional treatment. Therefore, since the City's drinking water meets all state and federal standards set to protect public health, no additional action is proposed. (Remainder of page intentionally left blank)
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September 16, 2025, Item #11
September 16, 2025, Item #11
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ADOPTING THE REPORT ON THE
CITY'S WATER QUALITY RELATIVE TO PUBLIC HEALTH
GOALS FOR 2022 -2024
WHEREAS, the City of Poway's drinking water meets State of California and federal government standards to protect public health;
WHEREAS, the California Health and Safety Code section 116470 ("Section 116470") requires that water utilities with more than 10,000 service connections prepare a triennial report if any of their water quality measurements exceeded any Public Health Goals; WHEREAS, the City of Poway has more than 14,000 service connections and had water quality measurements exceeding Public Health Goals for five constituent classifications between 2022 and 2025;
WHEREAS, in compliance with subdivision (b) of Section 116470, a Report on City's Water Quality Relative to Public Health Goals for years 2022, 2023, and 2024 has been prepared; WHEREAS, in compliance with subdivision (c) of Section 116470, the City of Poway must conduct a Public Hearing for the purpose of accepting and responding to public comment prior to the adoption of the Public Health Goals Report; and
WHEREAS, on September 16, 2025 at a regular meeting of the Poway City Council, which was duly noticed, and at which quorum was present, the City Council did conduct a public hearing for the purpose of accepting and responding to public comment related to the Public Health Goals Report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The foregoing recitals are true and correct.
SECTION 2: The City of Poway's Report on Water Quality Relative to Public Health Goals for years 2022-2024, prepared pursuant to and in compliance with Health and Safety Code Section 116470, is hereby approved and adopted.
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September 16, 2025, Item #11
Resolution No. 25-