DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofP oway
November 15, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /)vi
Henry Trang, Senior Civil Engineer ft;·
(858) 668-4602 or [email protected]
CITY COUNCIL
Approval of Consultant Agreement with STC Traffic, Inc. for Design Services for the Poway Road Safety Improvements Project; RFP No. 23-005
In August 2022, the Development Services Department issued a Request for Proposal (RFP No. 23- 005) for design services for the Poway Road Safety Improvements Project. This action will approve the Consultant Agreement with STC Traffic, Inc. to provide engineering services for the project.
Recommended Action:
It is recommended the City Council approve the Agreement and authorize the City Manager to execute the Agreement with STC Traffic, Inc. for design services for the Poway Road Safety Improvements Project (Attachment A), with a not-to-exceed fee of $74,278.32.
Discussion:
The City applied for a Cycle 10 Highway Safety Improvement Program (HSIP) grant in November 2020.
After notification of the grant application approval, City Council accepted the grant and authorized the transfer of the required matching funds to the project budget. The total project cost is estimated to be $604,100 for design and construction. The grant was approved for $589,980, and $14,120 in matching funds was transferred from the Traffic Engineering budget.
The project proposes to install directional medians at four non-signalized locations along Poway Road.
The median installation would restrict left turns onto Poway Road while still allowing drivers to turn left into shopping centers along the street. The project also includes upgrades to five signalized intersections on Poway Road - Pomerado Road, Silverlake Drive, Civic Center Drive, Community Road, and Midland Road. The upgrades include adding advanced dilemma zone detection and leading pedestrian intervals. A dilemma zone is a length of roadway on the approach to a signalized intersection within which drivers are indecisive as to whether to stop or continue through the intersection when seeing the yellow light. By adding advance vehicle detection in the dilemma zone, the number of crashes and number of vehicles running red lights should be reduced. Signal timing is adjusted based upori the additional detection essentially making the signals smarter. Dilemma zone detection will also improve traffic flow along Poway Road by clearing out vehicles from the 1 of 25
November 15, 2022, Item #14
intersections more effectively. Leading pedestrian interval minimizes conflicts between vehicles and pedestrians by allowing pedestrians approximately three to seven seconds to advance through the crosswalk prior to vehicles being allowed to turn through the intersection . These improvements are acknowledged in the Local Road Safety Plan, also on the November 15 agenda, as measures that improve safety.
The City issued a Request for Proposals for design services for the Poway Road Safety Improvements on August 31 , 2022 and received a total of three proposals . The fees for the project ranged from $50,000 to $76,000. After careful review of the proposals , staff determined that STC Traffic, Inc. was highly qualified and most cost effective to perform the design work required. Approval of this Consultant Agreement will provide professional services for the Poway Road Safety Improvements project.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The consultant 's fee will be based on the scope of work as outlined in the Agreement. The not-to exceed fee of $74,278.32 for professional services will be the basis for this effort. Funds totaling $604,100.00 are available in the Poway Road Safety Improvements (ST018) project , $589,980 of which are HSIP grant funds .
Public Notification:
None.
Attachments:
A. Consultant Agreement
Reviewed/Approved By:
Assistant City Manager
2 of 25
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
November 15, 2022, Item #14
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 16th day of November, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and STC TRAFFIC, INC., {hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to prepare plans, specifications, and estimates for the Poway Road Safety Improvements Project (Project); and WHEREAS, Consultant is a civil engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN 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 25 ATTACHMENT A
1 November 15, 2022, Item #14
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. 4of 25
2 November 15, 2022, Item #14
"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. 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 25 3
November 15, 2022, Item #14
(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 of25 4
November 15, 2022, Item #14
(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 25
5 November 15, 2022, Item #14
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 25 6
November 15, 2022, Item #14
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 25
7 November 15, 2022, Item #14
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 25
STC TRAFFIC, INC.
8 By: _____________ _
Jason Stack, TE, PTOE, President/CEO
Date: ------------
November 15, 2022, Item #14
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of preparing plans, specifications, and estimates further described in the Scope of Services submitted with the proposals 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 which are included in this document as Attachment 2. Total fee is not to exceed Seventy-Four Thousand Two Hundred Seventy-Eight and Thirty-Two Cents ($74,278.32). 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 November 16, 2022 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the 11 of 25 1
November 15, 2022, Item #14
following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Consultant:
12 of 25 2
City of Poway - Development Services
13325 Civic Center Drive
Poway, CA 92064
STC Traffic, Inc.
5865 Avenida Encinas, Suite 142-B
Carlsbad, CA 92008
November 15, 2022, Item #14
Attachment 1
Poway Road Safety Improvements
Our project team brings together every element of this HSIP project and for good reason given a long history of implementing projects that stretch back to the very beginning of the HSIP program. STC has been providing discipline-specific traffic engineering services to local agencies in San Diego County for over 15 years, and we have been providing on-call traffic engineering services for the City of Poway since 2018. We have supported municipal agencies with developing projects, evaluating safety needs, planning and designing mobility improvements, and managing traffic systems. Our team has consistently stepped up to take advantage of alternative funding sources, secure HSIP grant awards, and raise the bar for active transportation and mobility initiatives.
We have shown our ability to deliver on the City's critical needs. For the last four years, STC has worked closely with City staff on projects and key initiatives, and we've developed long-lasting relationships and incredible respect for the City's expertise. We go above and beyond whenever there is an opportunity to do so, we respond to calls on a moment's notice, and we provide our most qualified staff to ensure project delivery.
6. Standard Method of Compensation
A description of STC's standard method of compensation, including charges for reimbursable expenses and personnel hourly billing rates, has been included in a separate sealed envelope to conform with the instructions in the RFP. Please refer to Section 10-Detailed Cost Proposal.
7. Detailed Scope of Work
The detailed Scope of Work presented below summarizes our knowledge of conditions in the project area, details of the work scope required and our approach to the design effort to ensure quality, accuracy, and ultimate compliance with the project objectives .
STC engineers have personally inspected conditions within the corridor and have utilized their extensive experience, information from the City's RFP and the grant application to develop the following Scope of Work for the project.
Task 1. Project Management and Coordination
STC's Project Manager, Christian Lambarth, PE, TE, PTOE, will coordinate the day-to-day activities for the duration of the project and serve as the primary point of contact. Following the Notice to Proceed (NTP), Mr. Lambarth will schedule a project kick-off meeting with City staff and the project team to discuss the project objectives, schedule, scope, and City policies and procedures.
The milestone construction funding allocation approval deadline is September 30, 2024. STC will develop and maintain a project schedule to achieve Caltrans approval prior to the deadline. Mr. Lambarth will also coordinate progress meetings to discuss design issues, any potential modifications to the scope, action items, and next steps. STC will prepare and email meeting agendas to City staff in advance of the meetings and email meeting minutes within five (5) days after each meeting .
STC Trb'ffixf,l 8c. I Proposal for Poway Road Safety Improvements 7 November 15, 2022, Item #14
Poway Road Safety Improvements
STC will submit a progress report with invoices to the City in an organized format and with sufficient detail and backup documentation to clearly identify personnel, hours worked, and tasks completed. STC will control all project documents and provide deliverables and final files to the City in electronic format and hard copy as requested. STC will maintain project files and data in an organized, logical fashion, and will be able to promptly retrieve and distribute project information to the City in the event of an audit or Public Records Act {PRA) request for information.
Task 1 Deliverables:
• Project Schedule and Updates.
• Monthly Progress Reports.
• Meeting Agendas and Minutes.
Task 2. Field Work and Data Collection
Task 2.1 Survey [REMOVED 22.10.17]
Sampo Engineering, Inc. (Sampo) wi ll perform topographic survey for each proposed median location on Pmvay Re-ae. Sampo will recover and establish horizontal and vertical survey control at each site, perf~ field surveys, ;:md prepare a digital topographic survey. Sampo will establish horizontal site control on NAD U coord inates-a-M--He-fflto an existing City V€-F-t-i@.~ttafk . NAVD 88 Datum will be used for all draw ings.
The survey will indicate topograph-it data and surface culture to a minimum of 50' beyond the proposed lim its of '.Nork and will include collectioo of survey points on existing curb at 25' intervals, expected pavement joints, utility structures, changes in grade, drainage structures, and other critical points . Sampo •.viii search for and tie out right of way and centerline monuments of record . Sampo will analyze record ~ments at arrive at right-e-f.-way lines which will be included on the topographic plah Task 2.1 Deliverables:
- Digital Topographic Survey (Base Maps), Surface XML, and Data Point mes in Electronic Autocad J.Q.-format.
Task 2.2 As-Built Research & Utility Coordination
STC will coordinate with the City and utility companies to obtain utility base maps and plans. STC will request the City's current utility contacts upon receipt of NTP and proceed with requesting as-builts from each utility company expected to have utilities within the project area. STC will conduct a detailed field review with any available as-built information to verify the location of existing utilities to the greatest extent possible. This information will be reconciled with the base map created from the topographic survey to provide a comprehensive and accurate utility base for the traffic signal modification plans. STC will share any utility as-builts received with the City {as requested).
STC Tmfbf,:lf!lc. I Proposal for Poway Road Safety Improvements 8 November 15, 2022, Item #14
f
c, Poway Road Safety Improvements
STC will work with the City to coordinate with utility companies following the first plan submittal to begin utility conflict checks. Private utilities that are impacted require the local agency to prepare the Notice to Owner {LAPM 14-D) form and obtain acceptance and signatures from the private owner prior to submitting the right-of-way certification form to Caltrans. STC will prepare the LAPM 14-D for any utility relocations required and submit to the City for transmittal to each affected utility company.
It is not anticipated that any existing traffic signal service pedestal will be impacted as part of this project.
If there is a need to relocate or replace a pedestal, STC will work with the City to initiate the necessary work order requests with SDG&E.
Task 2.2 Deliverables:
• Utility As-Builts {As Requested).
• Completed LAPM 14-D {As Needed).
Task 2.3 Field Investigations
Utilizing as-built plans obtained in Task 2.2, STC will conduct detailed field reviews to verify existing conditions of each project intersection and proposed median locations. For each proposed median location, STC will review roadway geometrics, traffic signage/striping, curb markings and pavement condition.
For each traffic signal, STC will evaluate the condition of any existing conduit that could be used to pull new cable to confirm capacity and condition. STC will perform inspection level review of each traffic signal cabinet to verify existing control equipment and operability . STC will confirm that all existing vehicle detection equipment is functioning properly. Field notes and photos will be taken to document any discrepancies on the plans with field conditions.
STC's staff is uniquely equipped with the tools, certifications, and equipment necessary to properly test every element of the traffic signal system in the field to the component level. As an enhancement, STC is available to perform a full inspection of all components within the confines of the traffic signal cabinet and perform functional testing of the intersection's traffic control system to identify any components that need to be replaced, including the traffic signal controller, detection system, and Emergency Vehicle Preemption {EVP) system. For example, Model 170E controllers are no longer manufactured, as the industry has shifted to Advanced Transportation Controller {ATC) standards .
Task 2.3 Deliverables:
• Field Photos, Notes, and Traffic Signal Cabinet Inventories (As Requested by the City).
Task 3. Environ mental Documentation
STC will prepare the required environmental documentation in compliance with Caltrans LAPM. Senate Bill {SB) 137 allows the exchange of federal HSIP funds for State Highway Account {SHA) funds, therefore making it possible to fund HSIP projects with state funds.
STC Trtfffif,:lBc. I Proposal for Poway Road Safety Improvements 9 November 15, 2022, Item #14
Poway Road Safety Improvements
STC understands that all HSIP Cycle 10 projects are funded with state funds. State funded projects do not trigger National Environmental Policy Act (NEPA) compliance and therefore a Preliminary Environmental Study (PES} submittal is not required. Local HSIP projects must meet the requirements of the California Environmental Quality Act (CEQA). The implementing agency is the lead agency under CEQA and is responsible for self-certifying CEQA compliance.
This project is anticipated to be categorically exempt from CEQA compliance. STC will prepare a Notice of Exemption (NOE} form provided by State of California Governor's Office of Planning and Research (OPR).
In addition, STC will assist in preparing the State of California Department of Fish and Wildlife (CDFW} Environmental Document Filing form. It is anticipated that the City will submit both forms to San Diego County's Assessor/Recorder/County Clerk for filing . STC will assist the City in preparing any documentation required to Caltrans' District 11 Senior Environmental Planner or Branch Chief.
Task 3 Deliverables:
• CEQA NOE Form.
• CDFW Environmental Document Filing Form.
Task 4. Prepare Plans, Specifications, and Estimates (PS&E) Task 4.1 Alternatives Analysis
STC will prepare a brief technical memo evaluating the dilemma zone detection type and boundary limits to be implemented with this project. STC will work with the City to determine the traffic signal controller software that will be utilized, and evaluate the software capability to perform dilemma zone detection operation. Based on the software capability, a recommendation for dilemma zone boundary will be provided based on review of standards and guidance documents.
A comparison of dilemma zone detection types (loops & hybrid video) will be provided along with their associated costs to aid the City in selecting the best solution. An identification of any existing components requiring upgrade to operate the dilemma zone detection will also be included in the memo.
There may be opportunities to reduce the amount of new conduit needed allowing for the allocation of cost savings to equipment or other upgrades. If this route is selected by the City, STC will coordinate with Caltrans to confirm if a scope change is required for the grant funding. As a value-added service, should a scope change be needed, STC will prepare the scope change request and required feasibility analysis using the HSIP analyzer and current crash data at no cost to the City.
Task 4.1 Deliverables:
• Draft and Final Alternatives Analysis.
• Scope change request and HSIP analyzer (If Needed}.
STC TrtffW,l lic. I Proposal for Poway Road Safety Improvements 10 November 15, 2022, Item #14
~ 4 0 Poway Road Safety Improvements
~
Task 4.2 Water Quality Compliance [REMOVED 22.10.17]
STC's Qualified S'A'PPP Practitioner (QSP) has reviewed the City's Stor-mwa-tef-ffi-hlke Form for t+i-€-€t-\l-+l Pf)ftion of the project and determined t:A-a-ht falls into the '.'..St-a-A41-f-El-.-P-roj€-€¥~category. Given that thG removal/replacement of impervious area 'Nill be less than 5,0D0 square feet, this will require preparation of a Storm \iVater Quality Management Plan (SVvQMP) for a Standard Project according to the City"s SVVQMP template, the City's JURMP and statewide Construction Storm Water requirements. Standafe water pollution control BMPs will apply during construction, including inlet protection, and will be detailed on the erosion control plans for the project. Due to the small footprint of the project, no permanent pollution control BMPs are proposed. The proposed narrow median extensions will be surfaced wi#t enhanced concrete to match that of other medians in the area. For t:Ri-5-reason, no permanent landscaping BHrrigation systems are proposed.
Task 4.2 Deliverables:
• Storm Water Quality Management Plan for Standard Project. • Completed Storm Water Intake Form .
Task 4.3 Final Plan Preparation
The STC Team will prepare plans for improvements identified in the original scope of work for traffic signal, roadway, signing and striping improvements. An AutoCad 3D base map will be created for select segments of the corridor to prepare the traffic signal and civil designs. Base maps will be prepare to show locations of existing curbs, sidewalks, gutter, existing utilities and right-of-way, at a level of detail necessary to complete the designs. We anticipate that the entire project will be constructed within the City's existing right of way, and no additional right of way acquisitions will be needed.
The design will be developed in conformance with the latest City of Poway requirements, Green Book and Caltrans Specifications and Standard Plans, California Manual on Uniform Traffic Control Devices {CA MUTCD), and San Diego County Regional Standard Drawings.
Plans will be prepared utilizing AutoCAD software. All work identified on the plans will be approved and signed by a professional Civil Engineer registered in the State of California. Plans will be submitted at the 50%, 90%, and 100% design levels and will include the following:
Title, General Notes and Detail Sheets: The plans will be prepared in a single package with a Title Sheet, General Notes, and Construction Detail Sheets at the front end of the package, prepared on the City's standard sheet border . This task accounts for Title and General Notes sheets, and Detail Sheets are accounted for in their respective following subsections.
Traffic Signal Plans: STC will prepare plans for installation of dilemma zone detection for each project intersection at a scale of 1"=40' . Plans will identify all new and existing affected infrastructure, including pull boxes, conduit, cable, and cabinet equipment. Dilemma zone detection type and boundaries will be designed as determined in the alternative analysis produced in Task 4.1. It is anticipated 4 traffic signal improvement sheets will be needed based on initial assessment of dilemma zone boundaries included in STC Trb1fm, 26c. I Proposal fo r Poway Road Safety Improvements 11 November 15, 2022, Item #14
Powa y Road Safety Improvements
the understanding. If the need for upgraded communications equipment is identified through coordination with the City, equipment installation callouts and splice diagrams will be included on each plan.
Civil Improvement Plans: [REMOVED 22.10.17] ~ will prepare civil improvefficnt plans to successfully bid and construct the proposed median improvements at the four locations indicated. The civil plans-fof t he minor FRe di an modifications w i 11 be p r€-p-a-FetHfl----Atl.te-C~ty-t:it I e b Io ck sh c et s-a-t-~--5€ate tl-t-i+~vftlusly prepared survey as a base. The plans-wi-l+ indicate e><isting grades, proposed gracle-5, site demol+t-~a-alignments with horizontal cont-fe-l-5,--Af-tm-Ving, median paving, and constftl-Et-teft aetails. No drainage facilities are proposed, no profiles will be provided, and no util ity+e-locations will be needed based oA-our initial field reconnaissance. Plans will be prepared in accordance with City' of Powa-y standards, San Diego -Regi-onal Standards Drawings and locally accepted engineering practices, as a-p-pj-i-€able, stampe4-a+t4signed by a C/\ Registered Civil Engineer.
Signing and Striping Plans: [REVISED 22.10.17] This task will include preparation of signing and striping, and pin-on median design for four sections of Poway Road corridor. Plans will be prepared at 1" = 20' scale and will include multiple viewports on each plan sheet. The pin-on medians will be installed on the existing roadway surface and no civil improvements are anticipated. Signing and striping improvements will be designed as intended in the HSIP grant application and as required to comply with City and CAMUTCD requirements. STC will work with the City prior to beginning design to determine the pin-on materials desired.
Erosion Control Plan: [REMOVED 22.10.17] STC will prepare an Erosion Control Plan for a Standard Project wsed on the Citv's requirements. This will include development of a single sheet Erosion Control Plan v,ith typical placement of temporary-wa~tion control BMPs for the four r~ locations during construct ion. BMPs will be specified based on the City of Poway "BMP Design Manual" dated January 2022.
Task 4.3 Deliverables: [REVISED 22.10.17]
• Electronic Submittal (PDF} of 1-Title Sheet, 1-General Note/Detail Sheet, l--G-v-i-i Demo/Improvement Sheets, 1-Signing/Striping Sheet, 4-Traffic Signal Improvement Sheets, and 1 Erosion Control Sheet at the 50%, 90% and 100% design levels. • Mylar Submittal of 1-Title Sheet, 1-General Note/Detail Sheet, 2 Civil Demo/Improvement Sheets, 1-Signing/Striping Sheet, 4-Traffic Signal Improvement Sheets,----aRa---±--f-Fe-S-ieft.-{;e-R-trol Sheet. • Final Cadd files (AutoCadd 2019 or later version}.
Task 4.4 Project Specifications and Bid Documents
STC will prepare project specifications utilizing the City's most current boilerplate bid package for state funded projects, special provisions, and the latest edition of the Green book for Public Works Construction.
The bid package will be prepared via Microsoft Word and remain in the City's boilerplate font and format.
Project specifications and bid documents will include the bid item descriptions, preparation of bid schedule, applicable special provisions, and references to technical specifications.
STC Trnffof,2Bc. I Proposal for Poway Road Safety Improvements 12 November 15, 2022, Item #14
Poway Road Safety Improvements
Task 4.4 Deliverables:
• Project Specifications and Bid Documents at the 90% and 100% Design Levels.
Task 4.5 Engineer's Estimate of Probable Construction Cost The STC Team will provide an itemized engineer's estimate of probable cost at 50%, 90%, and 100% levels of design for all proposed improvements carried through to the final design stage of the project . The estimates will be detailed with unit prices and quantities for individual line items of work and specified equipment based on the historical cost index. Cost estimate details (items and descriptions) will be consistent with bid items and specification sections.
Task 4.5 Deliverables:
• Engineers Estimate and Backup Calculations at the 50%, 90% and 100% Design Levels.
Task 5. LAPM Construction Funding Allocation Request Support STC will prepare all necessary documents required for the Construction Funding Allocation Request {CON) in compliance with LAPM state funded HISP project implementation procedures. The following documents are anticipated to be included with the funding allocation request package for construction:
• Request for Funding Allocation Form
• Approved CEQA Notice of Exemption Documents (Scope Task 3) • Right-of-Way Certification
• State-only Finance Letter for Construction
• Detailed Engineer's Cost Estimate for Construction Items • Printout from List of Selected HSIP Projects Highlighting City's Project STC understands that no right-of-way acquisition is anticipated for this project. STC will prepare LAPM's right-of-way certification form well in advance prior to the construction funding allocation request submittal to avoid any setbacks. Any LAPM 14-D submitted to utility companies as part ofTask 2.2 will be included in the right-of-way certification submittal to Caltrans. It is anticipated that the City will submit all LAPM forms prepared by STC to Caltrans District 11 DLAE.
Task 5 Deliverables:
• Request for Funding Allocation Form {CON).
• Right-of-Way Certification Form.
• State-only Finance Letter for Construction.
• Detailed Engineer's Cost Estimate.
• Printout From List of Selected HSIP Project Highlighting City's Project.
STC Tr11ffo:( loc. I Proposal for Poway Road Safety Improvements 13 November 15, 2022, Item #14
c, Poway Road Safety Improvements
Task 6. Bidding and Construction Support
Task 6.1 Bid Support
STC will provide support during advertisement including answering pre-bid questions, and interpretations of the plans and specification either by email or phone. STC will provide responses to bidder's Requests for Information (RFls), and prepare up to two addenda, if necessary. STC will be available to answer questions by City staff and/or the bidders. STC will attend the pre-bid and pre-construction conferences, as requested.
STC will also provide design support during construction. This work will include responding to the contractor's RFls, conferring with the City's construction manager or inspector regarding RFls as appropriate, and reviewing shop drawings and material submittals . All bidding communication will be directed through the city for issuance to the contractor. STC will prepare design changes during construction as authorized, attend the pre-construction meeting, and be available to answer questions from City staff or the contractor.
Task 6.1 Deliverables:
• Responses to bidder's questions/RFls and Addenda in PDF Format.
Task 6.2 Co nstruction Support (STC)
STC will provide design support during construction . This work will include responding to the contractor's RFls, conferring with the City's construction manager or inspector regarding RFls as appropriate, and reviewing shop drawings and material submittals. All bidding communication will be directed through the city for issuance to the contractor. STC will prepare design changes during construction as authorized, attend the pre-construction meeting, and be available to answer questions from City staff or the contractor.
Task 6.2 Deliverables:
• Responses to Contractor's Submittals, Shop Drawings and RFls in PDF Format.
Task 6.3 Construction Support (Sampo - Optional Task)
As an optional task, if authorized, SAMPO will perform field survey to obtain as-built information following completion of construction. Additionally , SAMPO will process field data and draft as-built conditions of median curbs.
Task 6.3 Deliverables:
• Provide Updated CAD, XML and Data Point Files.
STC Tr2dfot,l5 c. I Proposal for Poway Road Safety Improvements 14 November 15, 2022, Item #14
Poway Road Safety Improvements
Task 6.4 Traffic Signal Programming [REMOVED 22.10.17]
STC 'Ni 11 prep a re updated sign a I ti rA-tfl-g-j:H-a-11 s tor each ~-i-A-E-l-HEk?-d-i I em ma zone E>f:)€-F~ STC 'Nill include leading pedestrian iffl:e.F.v.a+s----tef-Pm,vay Road/ Silver Lake Drive . STC wf.U perform the necessary signal tiFfl-i.n.g-~support upgrading to an ATC Type 2070~ necessary, and update clearance interv~-fO-F--€.a{,.:.J:, intersection to meet cuff€-f1-i:-~ a-s----needed. It is ant+c--i-f}-ated Omni eX~-te-f5ection control software w ill be neede4-a-t--e-a-c-f:i t-A-t-ersection to acconmi-edate the dilemrn a zone operations . This build of the software is anticip-atea-t&-ee released in October 2022 and will come with built in dilemma zone settings. STb---ftlaintains a fully functioning traffic ~ cabinets ~vith Tvpe 2070 controllers and componen-t-s--ift.. our shop, and our technicians wi ll-t:e-st--the signal timing a+1d phasing operations on t-fte-CBff-ect-l3-ttild of software to ensure field ready implementation . STC will configure detection in the controller programming and be available during traffic signal turn on to assist the ce+ttfactor with implementing and adjusting the traffic s-i-gRrtt programming.
Task 6.4 Deli'lerables:
• Bench Test Traffic Signal Timing Programs.
• Signal Timing Plan for Project lntersectfBfP.r.
...
Encinitas
I Encinitas
I
I
I
1 La Mesa
I
1 Menifee
National
City
HSIP Cycle 5
Fiber Optic Traffic Signal
Interconnect (El Camino Real
1 and Encinitas Blvd)
HSIP Cycle 5
! Fiber Optic Interconnect
I · 1
I I HSIP Cycle 7
I Upgrade Fiber Optic Signal
I Communication System
HSIP Cycle 7
Westside Wireless
Interconnect System
HSIP Cycle 6
Fiber Optic Interconnect
--T-Hf-f\--G;:l--&Li-~lf Needed).
Description
Upgrade traffic signals communication system along El Camino I Real and Encinitas Boulevard . I
1 Upgrade traffic signals communication system along various : corridors in the City (Leucadia, Encinitas, Hwy 101, Via , Cantebria, and Vulcan).
1 Teamed with Sampo Engineering
- ·- - -----
1 ~pgra?e f_iber opt!c traffic signal interconnect syste~ . · including installation of cable, controllers, BBS, monitoring : devices, and communication equipment to improve traffic I signal timing and coordination.
[ Team~d with Sam~o Engineering
I Install wireless interconnect system including radios, controllers, and related communication equipment upgrades ' , to improve safety and operations via optimized traffic signal timing coordination.
Upgrade traffic signals communication system along various corridors in the City (National City Blvd, 30thSt/Sweetwater Rd, Plaza Blvd, and Euclid Ave).
Teamed with Sampo Engineering
STC T!2ffix{ Mc. I Proposal for Poway Road Safety Improvements 15 November 15, 2022, Item #14
{
' / '
\ >-~....,:r-T'"
/". /
( f ",/~~ ~ /4~
Name
Category /Title
Fully Burdened Billing Rate
TASK No. DESCRIPTION
Task 1: Project Management and Coordination
Task 2: Field Work and Data Collection
2.2 As-Built Research and Utility Coordination
2.3 Field Investigation
Task 3: Environmental Documentation
Task 4: Prepare Plans, Specifications, and Estimates (PS&E)
4.1 Alternative Analysis
4.3 Improvement Plans
4.4 Specifications
4.5 Estimates
Task 5: LAPM Construction Funding Allocation Request Scope Task 6: Bid and Construction Support
6.1 Bid Support
6.2 Construction Support (STC)
TOTAL HOURS
Subtotal Labor:
TOTAL COST:
City of Poway: Poway Road Safety Improvements (RFP#23-00S) STC Traffic, Inc.
Jason Stack Christian Lambarth Phil Kern Adam Lemberg Joseph Walters Principal-in- Senior Project
Project Manager Principal Engineer Technical Project Engineer Charge Specialist $325.96 $194 .02 $245.37 $237.48 $147.46
2 15 - -
- 2 - - 5
- - 14
- 2 - - 5
- 2 - 3 8
6 18 12 28 70
- 4 2 2 8
- 2 - 2 5
- 2 - - 14
- 4 - 4 -
- 6 - 6 4
8 57 14 45 133
$ 2,607.68 $ 11,059.14 $ 3,435.18 $ 10,686.60 $ 19,612 .18 Ivan Gonzalez
Associate Engineer
$121 .07
-
12 18
-
22 170
-
-
-
-
-
222
$ 26,877 .54
17 $
19 $
32 $
7 $
35 $
304 $
16 $
9 $
16 $
8 $
16 $
479
$
$
3,562 .22
2,578 .18
4,243.70
1,125 .34
4,943 .70
45,946.10
2,921.46
1,600.30
2,452.48
1,726.00
3,178 .84
74,278 .32
74,278.32
!
r"I
Ql
n
~
3 CD
~
r"I
I\.
November 15, 2022, Item #14
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.
I
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)
23 of 25
(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 1 November 15, 2022, Item #14
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:
24 of 25
(l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources . The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
2 November 15, 2022, Item #14
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 ofretirement and subdivision (f) shall not apply.
(h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
Note-
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
25 of 25 3
November 15, 2022, Item #14