May 3, 2022, Item #4
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DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT City of Poway
May 3, 2022
Honorable Mayor and Members of the City CounhA
Robert Manis, Director of Development Services r" •
David DeVries, City Planner
(858) 668-4604 I [email protected]
CITY COUNCIL
Approval of Agreement between City of Poway and DeAngelo Contracting Services, LLC. for Vegetation Management Services; RFP No. 22-021 The Development Services Department issued a Request for Proposals (RFP) on March 10, 2022, to solicit proposals for the City's Annual Vegetation Management Program. The former contractor abruptly terminated their agreement due to the company dissolving, which required the City to issue a new RFP before the start of the program year. A new contract with a new contractor is proposed for approval.
Recommended Action:
It is recommended that the City Council approve the agreement for Vegetation Management Services, RFP No. 22-021, with DeAngelo Contracting Services, LLC. for three years, with the option to renew for two additional years (Attachment A) and authorize the City Manager to execute the agreement.
Discussion:
The Vegetation Management Program is an annual program that implements the abatement of vegetative fuels and/or nuisance vegetation on City and privately owned parcels as required pursuant to Section 8.76.035 of the Poway Municipal Code. In addition, parcels owned by the Housing Authority are included as part of this program but paid out of the Housing Fund. The properties included within this program have been previously identified by the Fire Marshal and Code Compliance Division to contain an annual re-growth of vegetative fuels and/or nuisance vegetation. City staff will inspect properties prior to work being performed to determine if enough growth has occurred to warrant clearing each year.
On March 10, 2022, a RFP was advertised on Ebidboard, and sent to known potential contractors via USPS. Four proposals were received. The City's selection criteria used to award the contract was understanding of the work to be performed, cost of service, experience, qualifications of team members, and the approach to the work. DeAngelo Contracting Services, LLC. was determined to be 1 of 22
May 3, 2022, Item #4
the
most
qualified
to
conduct
these
services
based
on
the
selection
criteria.
The
term
of
the
agreement
is
for
three
years,
with
the option
to
renew
for
two
additional
years.
Environmental
Review:
The
proposed
action
to
enter
into
an
agreement
to
perform
the
City's
Annual
Vegetation
Management
Program
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA)
as
a
Class
1 (h)
Categorical
Exemption,
pursuant
to
Section
15301
of
the
CEQA
Guidelines,
in
that
the
project
includes
maintenance
of
existing
landscaping
and
native
growth,
and
there
is
no
proposed
expansion
of
the
existing
uses
or
vegetation
management
area.
Fiscal
Impact:
Pending
City
Council
adoption
of
the
FY2022-23
annual
budget,
approval
of
this
item
will
result
in
the
allocation
of
$200,000
in
the
Nuisance
Abatement
account
(301030-49180)
for
the
annual
program.
Funds
will
be
allocated
between
the
Wildfire
Defensible
Space
Program
-City
Properties
($150,000)
and
Weed
Abatement
for
Private
Properties
($50,000).
Abatement
services
completed
on
Housing
Authority
parcels
will
be
paid
separately
from
the
Housing
Fund
(309030-41200).
All
costs
incurred
for
the
Vegetation
Management
Program
on
private
properties
are
fully
offset
in
the
Nuisance
Abatement
revenue
account
(301030-77600)
by
the
property
owners
via
their
property
tax
roll
on a
time-and-material
basis,
plus
a
City
Administrative
Fee
of
$175.00
per
parcel.
All
costs
incurred
for
abatement
of
approximately
72 City
and
eight
Housing
Authority
parcels
will
be
at
full
cost
to
the
City
and
Housing
Authority,
respectively.
Public
Notification:
None. Attachments: A.
Standard
Agreement
for
Services
with
DeAngelo
Contracting
Services
LLC
Reviewed/
Approved
By:
Assistant
City
Manager
2 of22
Reviewed
By:
Alan
Fenstermacher
City
Attorney
City
Manager
May 3, 2022, Item #4
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 4th day of May, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and DEANGELO CONTRACTING SERVICES, LLC, (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform as needed vegetation .management services (Services); and
WHEREAS, Consultant is a vegetation 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. 3 of 22 ATTAC~MENT A
May 3, 2022, Item #4
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services.
The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103.
Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of 22 2
May 3, 2022, Item #4
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
[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.
Robert J. Manis, Director of Development Services
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 5 of 22 3
May 3, 2022, Item #4
(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, 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.
6 of 22 4
May 3, 2022, Item #4
(c)
The
foregoing
obligations
of
Consultant
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Consultant,
anyone
directly
or
indirectly
employed
by
it
or
anyone
for
whose
acts
it
may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Consultant
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts.
(e)
Consultant
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Consultant
is
carrying
and
maintaining;
however,
if
Consultant
fails
to
take
such
action
as
is
necessary
to
make
a
claim
under
any
such
insurance
policy,
Consultant
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Consultant under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section
15. (g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.
16. Assumption
of
Risk.
Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Consultant:
(a)
Consultant
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Consultant
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Consultant's
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services;
and
(b)
it
is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Consultant
or
its
employees
in
connection
with
Consultant's
performance
its
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services.
17. Consultant
Not
an
Agent.
Except
as
City
may
specify
in
writing,
Consultant
shall
have
no
authority,
expressed
or
implied,
to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.
Consultant
shall
have
no
authority,
expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.
18. Personnel. Consultant
shall
assign
qualified
and
certified
personnel
to
perform
requested
services.
The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects.
City
shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Consultant
by
giving
oral
or
written
notice
to
Consultant
to
such
effect.
7 of
22 5
May 3, 2022, Item #4
Consultant's
personnel
shall
at
all
times
comply
with
City's
drug
and
alcohol
policies
then
in
effect.
19. Notices. Notices
shall
be
given
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
20. Governing
Law,
Forum
Selection
and
Attorneys'
Fees.
This
Agreement
shall
be
governed
by,
and
construed
in
accordance
with,
the
laws
of
the
State
of
California.
Each
party
to
this
Agreement
consents
to
personal
jurisdiction
in
San
Diego
County,
California,
and
hereby
authorizes
and
accepts
service
of
process
sufficient
for
personal
jurisdiction
by
first
class
mail,
registered
or
certified,
postage
prepaid,
to
its
address
for
giving
notice
as
set
forth
in
Exhibit
"A"
hereto.
Any
action
to
enforce
or
interpret
the
terms
or
conditions
of
this
Agreement
shall
be
brought
in
the
Superior
Court
in
San
Diego
County,
Central
Division,
unless
the
parties
mutually
agree
to
submit
their
dispute
to
arbitration.
Consultant
hereby
waives
any
right
to
remove
any
such
action
from
San
Diego
County
as
is
otherwise
permitted
by
California
Code
of
Civil
Procedure
section
394.
The
prevailing
party
in
any
such
action
or
proceeding
shall
be
entitled
to
recover
all
of
its
reasonable
litigation
expenses,
including
its
expert
fees,
attorneys'
fees,
courts
costs,
arbitration
costs,
and
any
other
fees.
Notwithstanding
the
foregoing,
in
the
event
that
the
subject
of
such
an
action
is
compensation
claimed
by
Consultant
in
the
event
of
termination,
Consultant's
damages
shall
be
limited
to
compensation
for
the
60-day
period
for
which
Consultant
would
have
been
entitled
to
receive
compensation
if terminated
without
cause,
and
neither
party
shall
be
entitled
to
recover
their
litigation
expenses.
21. Gender. Whether
referred
to
in
the
masculine,
feminine,
or
as
"it,"
"Consultant"
shall
mean
the
individual
or
corporate
consultant
and
any
and
all
employees
of
consultant
providing
services
hereunder. 22.
Counterparts. This
Agreement
(and
any
amendments)
may
be
executed
in
multiple
counterparts,
each
of
which
shall
be
deemed
an
original,
but
all
of
which,
together,
shall
constitute
one
and
the
same
instrument.
Documents
delivered
by
telephonic
facsimile
transmission
shall
be
valid
and
binding.
23. Entire
Agreement.
This
Agreement
shall
constitute
the
entire
understanding
between
Consultant
and
City
relating
to
the
terms
and
conditions
of
the
services
to
be
performed
by
Consultant.
No
agreements,
representations
or
promises
made
by
either
party,
whether
oral
or
in
writing,
shall
be
of
any
force
or
effect
unless
it
is
in
writing
and
executed
by
the
party
to
be
bound
thereby.
24. Certification
and
Indemnification
Regarding
Public
Employees'
Retirement
Law/Pension
Reform
Act
of
2013.
Contractor
hereby
certifies
that
all
persons
providing
services
to
City
by
Contractor
are
not
current
members
of
the
California
Public
Employees'
Retirement
System
(CalPERS)
and
shall
not
become
members
of
CalPERS
while
providing
services
to
City.
8 of
22 6
May 3, 2022, Item #4
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
9 of 22 7
May 3, 2022, Item #4
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By:----------
Chris Hazeltine, City Manager
Date: ------------
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By:------------
Alan Fenstermacher, City Attorney
10 of 22
DEANGELO CONTRACTING SERVICES, LLC
By:------------
Edwin McKee, IVM/DOT Division Manager
Date: ___________ _
8 May 3, 2022, Item #4
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the vegetation management services further described in the Scope of Services, 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 Schedule submitted with the proposals dated March 25, 2022, which are included in this document as Attachment 2.
Based on annual increases to gas prices (additional costs incurred), Consultant may revise its fee schedule annually, subject to approval by the City. 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 May 4, 2022, and ending May 3, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement 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. 11 of 22 1
May 3, 2022, Item #4
(d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Consultant:
12 of 22 2
City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
DeAngelo Consulting Services, LLC
1459 S. Cucamonga Ave.
Ontario, CA 91761
May 3, 2022, Item #4
Attachment
1 SCOPE
OF
SERVICES
Consultant
will
provide
all
labor,
materials
and
equipment
necessary
for
providing
vegetation
management
services
under
an
"As
Needed
Agreement,"
which
will
entail:
13 of
22 1.
Furnish
all
labor,
material,
equipment
and
tools
for
the
removal
of
weeds,
debris
and
plant
growth
from
parcels,
lots
and
parkways
in
the
incorporated
areas
of
the
City
of
Poway.
The
method
of
removal
and
clearing
shall
be
by
mowing,
trimming,
manual
clearing,
hauling
and
other
methods
that
are
included
in
the
scope
of
the
contract.
Disking
is
not
permitted.
2. The
designation
of
lots
or
parcels
to
be
cleared,
and
degree
and
type
of
work
to
be
accomplished,
shall
be
under
the
direction
of
the
Director
of
Development
Services,
or
an
authorized
representative.
Inspection
and
acceptance
of
the
work
by
the
Director
of
Development
Services,
or
an
authorized
representative,
are
required
prior
to
certification
for
payment.
All
reports
and
work
orders
must
be
signed
by
the
Director
of
Development
Services,
or
an
authorized
representative,
and
the
Contractor.
The
clearing
of
parcels
will
be
charged
by
the
Contractor
on
a
work
accomplished
basis
only.
3. Some
parcels
will
require
only
partial
areas
to
be
cleared.
The
City
will
inspect
the
vegetation
management
properties
and
exclude
sites
or
portions
of
sites
that
are
not
in
need
of
vegetation
management
prior
to
commencement
of
work.
4. The
Department
of
Development
Services
will
provide
the
Contractor
with
vegetation
management
maps
and
a
list
of
parcels
(Attachments
B
and
C)
that
could
require
clearing
and
the
area
to
be
cleared
will
be
noted
as
the
green
highlighted
areas
.
5. Vegetation
is
to
be
cut
to
a
distance
of
no
lower
than
two
(2)
inches,
but
in
no
event
higher
than
8",
from
the
soil
surface
and
as
close
to
adjoining
improvements
as
possible.
6. Operations
may
be
suspended
at
any
time
by
the
Director
of
Development
Services,
or
an
authorized
representative,
if
any
of
the
conditions
listed
in
the
sections
are
found
not
to
exist.
7. Consultant
shall
respond
to
questions
and
concerns
within
24 hours
or
as
mutually
agreed
upon.
Equipment 1.
All
equipment
must
be
in
good
mechanical
condition
and
is
subject
to
inspection
and
approval
by
the
Fire
Chief,
Director
of
Development
Services,
or
an
authorized
representative,
before
acceptance.
All
maintenance
will
be
the
responsibility
of
the
Contractor
at
their
own
expense
and
on
their
own
time.
2. All
equipment
will
be
operated
by
a
qualified,
cooperative
and
experienced
operator.
3. If
required
or
necessary
for
any
reason,
the
Contractor
will
furnish,
at
no
expense
to
the
City,
flagmen
for
safe
loading
and
unloading
of
equipment.
May 3, 2022, Item #4
14 of
22 4.
The
Contractor
shall
furnish
all
hand
tools,
power
equipment
and
safety
equipment
to
accomplish
the
specified
work.
5. A
suitable
truck,
with
high
sides
for
hauling,
is
to
be
provided
and
is
to
be
operated
and
maintained
at
the
expense
of
the
Contractor.
6. Any
use
of
chemicals
is
prohibited
unless
directed
otherwise
by
the
Development
Services
Director
or
authorized
agent.
7. Whenever
it
is
impractical
to
remove
or
thin
vegetation
by
hand
labor
using
hand
labor
type
tools
by
reason
of
topography,
location
of
trees,
shrubbery,
building,
fences
or
type
of
vegetative
cover,
the
use
of
a
tractor
mower
will
be
permissible
when
authorized
by
the
Director
of
Development
Services,
or
an
authorized
representative.
The
degree
of
tractor
mowing
to
be
accomplished
on
any
parcel
will
be
specified
by
the
Director
of
Development
Services
or
an
authorized
representative
and
additional
restrictions
shall
be
provided
to
the
Contractor
and
abided
by.
Labor 1.
All
manpower
will
be
furnished
by
the
Contractor
and
each
crew
member
will
be
in
good
health
and
be
attired
with
proper
clothing,
footwear,
gloves
and
any
other
safety
equipment
that
is
necessary
for
this
type
of
work
.
2. Supervision
of
hand
crews
will
be
furnished
by
the
Contractor
at
his
own
expense
. All
supervisors
must
be
experienced
and
must
be
able
to
communicate
with
the
Director
of
Development
Services
or
an
authorized
representative,
in
the
English
language
of
the
United
States.
3. It
will
be
the
responsibility
of
the
Contractor
to
keep
an
accurate
account
of
the
names
of
his
employees,
as
well
as
the
dates
, the
locations
and
the
type
of
work
they
performed.
Public
Right-of-Way
1. All
streets
and
sidewalks
are
to
be
left
in
a
clean
condition
following
the
clearing
of
parkways.
The
charge
for
this
work
will
be
included
in
the
unit
price
for
clearing
this
parcel.
2. Work
within
the
right-of-way
shall
require
a
traffic
control
plan
as
applicable.
Habitat
Protection
1. In
accordance
with
the
requirements
of
the
U.S.
Fish
and
Wildlife
Service
and
the
California
Department
of
Fish
and
Game
protecting
the
threatened
California
Gnatcatcher
and
the
Quino
Checkerspot
Butterfly,
no
new
trimming
of
native
Chaparral
vegetation
shall
be
performed
unless
approved
by
the
City
of
Poway.
Wildfire
Prevention
1. The
Contractor
is
required
to
carry
a
charged
and
operational
cell
phone
at
all
times.
The
Contractor
is
required
to
report
any
fires
started
by
machinery
or
employees
without delay
by
contacting
911.
The
Contractor
shall
have
beforehand
knowledge
of
the
area
where
the
work
is
being
conducted,
including,
but
not
limited
to,
the
closest
accessible
street
and
the
closest
cross
street.
2 May 3, 2022, Item #4
15 of 22
2. Appropriate fire extinguishers shall be maintained close enough to any clearing operation to effectively respond to fires caused by the equipment or equipment fueling. More than two fire extinguishers may be needed for multiple operations or when crews are spread out over a larger area. An Underwriters Laboratory approved 2-1/2-gallon pressurized water-type fire extinguisher and an Underwriters Laboratory approved 40-pound, dry chemical, all-purpose ABC type shall be ready and available for use at all times. A shovel of a type and size suitable for putting out fires also shall be available.
3. The vegetative material cut down shall be disposed of by hauling the material to the nearest approved dumpsite.
4. When, in the opinion of the Director of Development Services, or an authorized representative, it is determined that on any lot or parcel there are sufficient amounts of piles of trimmings, tumbleweeds or other flammables that could become a fire hazard or fire nuisance, the same fire hazard shall be removed.
Invoicing
1. The Contractor will provide an accurate cost report on the forms provided by the Department of Development Services for each parcel where work is accomplished.
2. The amount of work and type of work to be performed shall be under the direction of and only with the authorization of the Director of Development Services, or an authorized representative.
3. All clearing must meet the specifications of the Department of Development Services and must be approved in writing through e-mail communications between the contractor and the Director of Development Services, or an authorized representative.
4. Weekly summaries of sites completed shall be prepared and submitted to the City with job site location, work conducted and date conducted. 3 May 3, 2022, Item #4
Attachment 2
Attachment A
FEE SCHEDULE
Vegetation Management services on City owned lots (Attachment B) -Green Highlighted Areas·-only_ . ............. .. ... ............ ....... .. .
Price not to exceed: $ L-{. ??( per 100 sq. ft. (unit)
The City reserves the right to request sites or portions of sites not to be cleared of vegetation resulting in an equivalent cost savings.
Vegetation Management services on Poway Housing Authority owned lots (Attachment ·c) -Green Highlighted Areas Only
Price not to exceed: $_~_ ;(_ per 100 sq. ft. (unit)
The City reserves the right to request sites or portions of sites not to be cleared of vegetation resulting in an equivalent cost savings.
Vegetation "'1c1nagen1ent services on privately owned lots based on request by City 'Planner · · ·
Price not to exceed: $_ '1-~S" per 100 sq. ft. (unit)
The City reserves the right to request sites or portions of sites not to be cleared of vegetation resulting in an equivalent cost savings.
All work on City and Poway Housing Authority owned lots and private lots shall be pre approved prior to commencing work. These rates are acceptable, and authorization is given to proceed with this project with authorized signatories below:
City of Poway RFP# 22-021-Vegetation Management Program 8 May 3, 2022, Item #4
Attachment
B
Citv
of
Powal£
ProQerties
APN
Property
Description
Square
Feet
Price
Per
100
sq.
ft.
2737901100
Tannin
Drive
52862.66
'1~~c
2757911700
Espola
at
Westling
41524.94
/1
2757942100
Summersage
North
86208.47
2757953400
Summersage
South
29404.77
2757953500
PHS
Fireworks
Lot
15434.95
2771701900
Del
Paso
St
38556.39
2771713700
Butterfield
Trail
146304.66
J
2772001500
Cascade
Crossing
10713.31
I
2781810100
Eastvale/Sunset
Mtn.
8909
I
2781810100
Eastvale
203330.89
I
2782802900
Sunset
Mountain
9751
.54
I
2782900700
Oak
Canyon
(15114)
24712.06
2783004600
Skyridge
4410.9
2783300700
Lake
Poway
Rd
82762.73
2784313600
Behind
14358
Trailwind
454776.01
2784372300
West
of
14358
Trailwind
21341.17
2784387500
Trailwind/Sandhill
32663
.58
2784387600
Sunset
Drive
42479.11
-
2784387600
Sunset
Drive
709
2784502800
15450
Espola
-city
watertank
7936
2784503200
So.
End
Riparian
Rd.
502.19
..
3140331600
Midland
Road/Del
Poniente
37240.64
3140331700
Del
Poiniente/W
of
Midland
24106.5
3140401700
Ted
Williams/Pomerado
70591.58
3140402500
Fire
Station
3 82707.01
.
3141934400
Vian
off
Midland
14616.46
·.
3143700400
Monte
Vista
38750
':.
3143713600
Fieldview
Way
8286.35
3143824100
Twin
Circles/Twin
Peaks
14310.47
3144346600
Community
48673.44
· 3146700100
Adobe
Ridge
16206.02
·
3146700200
Adobe
Ridge
7486.97
·
3146700300
-Adobe
Ridge
5116.48
· 3146700400
Adobe
Ridge
2572.34
_
3146707300
Camino
del
Norte
38095.33
,;
.
3148021200
·
Ring
Road
66325.34
£---
..
City
of
Poway
RFP#
22-021-Vegetation
Management
Program
9 l /
OT
LL
May 3, 2022, Item #4
3171306200 Cicero Ct 68414.03 4--3~
3172221900 Metate 293804.13
31722-22000 Metate 145840.75
3172232500 Kerran 85808.43
3H2421300 Stage Stop/Old Pomerado 6622.11
3174800800 Gate Dr 81338
3174802400 Gate Dr 69709
3175012400 Oak Knoll. 26819.47 J
3177910100 Old Pomerado pond 28979.59 I
3177910200 Old Pomerado pond 14435.59
I
3200201800 11612 Creek Rd 4130
3202004400 Treadwell Dr. 16599.14
3202012300 Treadwell 2 & Cypress Cyn Park 129765.39
3202121900 Stonemill Drive 7044.09
. 3202130100 Stonemill North 8983.5
· 3210307100 High Valley/Hacienda 10203.08
· 3211808800 Tierra Bonita 16015.65
-3212004300 Donart Pump 10687.85
Espola Rd (behind 14401 Range
3214201500 Park) -5344.7
· 3230711700 Fairburn 74280.1
· 3230921100 Welton Lane 6397.3
. 3234423100 East end of Garden Road 62037.96
3234524200 West end of Garden Road 111909.21
3234603600 End of Montego 14311.41
3234612500 Sunset View Drive 46185.56
3234910500 Danielson/ SPP 12487.1
3235010600 Kirkham Way 47073.79
3235101000 Bowdoin guardrail/ 42373
3240703600 Rio Maria 7563.28
3235101000 Bowdin/Whitewater Rd 48891.51
· 3161403900 Dorathea Ter 26755
~ -3172800300 0 COMMUNITY RD 3,695
Leona Ln./10th Street R.O.W 6253.9
Garden Road Right-of-way 5438.41 I
Crest Rd Right-of-way 2503.56 . .J---
City of Poway RFP# 22-021-Vegetation Management Program 10 ·1 lS Of LL.
May 3, 2022, Item #4
APN
3211902800
3171015200
3172323600
3172322200
3171015100
3142302600
3142141800
Attachment C
Housing Authority Properties
Property Description Square Feet
0 Twin Peaks Rd 95102
0 Wanesta Dr (Solara) 34786
12207 Old Pomerado Rd 22122
12237 Old Pomerado Rd 46585
13422 Community Rd (Sciara) 52000
13424 Scots Way h 15000
14048 Sycamore Ave ' 12000 /i
I
Proposing Consultant's Signature: ~~ ~·--Date: --=:::' - City of Poway RFP# 22-021-Vegetation Management Program 19 of 22
Price Per 100 sq. ft.
q.,3,;-
4,$-,S
1../.->r-
4.>~
t{. 3,(°
'-f-1~
t.f. r~
p-2$""~'-
11 May 3, 2022, Item #4
EXHIBIT "8"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
20 of 22
(!)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 May 3, 2022, Item #4
Cal Gov Code § 7522.56
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
21 of 22
(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)F or legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the .California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
2 May 3, 2022, Item #4
Cal Gov Code§ 7522.56
( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (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 Il 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).
22 of 22 3