Item 8 - Approval of Consultant Agreements with D-Max Engineering & Mikhail Ogawa Engineering for As-Needed Storm Water Engineering Services

June 18, 2024, Item #8
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
June 18, 2024
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Servic£f·
Sara Trunzo, Senior Civil Engineer ~l
858-668-4622 or [email protected]

CITY COUNCIL
Approval of Consultant Agreements with D-Max Engineering, Inc., and Mikhail Ogawa Engineering Inc. for As-Needed Storm Water Engineering Services The City's current consultant agreements for storm water engineering services expire on June 30, 2024, and new agreements are needed. After a competitive process to obtain these services, City staff selected D-Max Engineering, Inc., and Mikhail Ogawa Engineering Inc. to provide as-needed storm water engineering services to the City of Poway. Each agreement will be effective from July 1, 2024 through June 30, 2027, and each contains a provision to mutually extend the agreement with two one year extensions.

Recommended Action:

It is recommended the City Council:
1) Approve a Standard Agreement for Consultant Services with D-Max Engineering, Inc. (Attachment A);
2) Approve a Standard Agreement for Consultant Services with Mikhail Ogawa Engineering Inc. (Attachment B); and
3) Authorize the City Manager to execute the agreements.

Discussion:

The City is responsible for maintaining compliance with the Regional Water Quality Control Board's storm water permit and associated regulations. The Development Services Department administers the City's Storm Water Program. The identified consultants will provide as-needed storm water engineering services including the following:
• Implement current and future Water Quality Improvement Program (WQIP) procedures as well as assist in the development of new procedures associated with future Water Quality Improvement Plans (WQIPs) and permits.
• Assist staff with developing procedures to implement the Regional Water Quality Control Board 1 of 37
June 18, 2024, Item #8
program.
• Assist staff with various technical reports, including the annual Jurisdictional Runoff Management Program URMP) report.
• Perform the annual industrial/commercial storm water inspections and inventory update. • Perform the water quality monitoring for the City's storm water basins. • Perform the Dry Weather Program site monitoring, including analytical and field screening.

A Request for Proposals (RFP) for as-needed storm water engineering services was posted on e-bid board. Two firms submitted proposals: D-Max Engineering, Inc., and Mikhail Ogawa Engineering Inc.

These firms' proposals demonstrate the ability to meet the City's current and future needs based on established criteria as found in the RFP including a confirmation of understanding the services requested, qualification of the specific individuals who will work on the project, demonstrated record of success by the consultant on work previously performed for the City or other municipalities, schedule of hourly rates and references. Both firms selected have extensive experience working with public sector clients and have worked with the City on various storm water projects. Both firms were selected as the City's as-needed storm water consultants in previous years.

Both firms will use subconsultants at varying levels for certain tasks. The consultant agreements include a provision that the City pre-approve the use of subconsultants, and proposals for specific contracts include a list of consultants and subconsultant hours to be included.

Environmental Review:

The approval of Consultant Agreements for As-Needed Storm Water Engineering Services is not a "Project" as defined under Section 15378(b)(5) of the California Environmental Quality Act (CEQA) State Guidelines; therefore, no environmental review is required.

Fiscal Impact:

Sufficient funds are included in the FY 2024-2025 proposed budget, Stormwater Management Division (account 308040-41200), scheduled for the City Council's consideration on June 18, 2024, for the award of this contract.

Public Notification:

None.

Attachments:

A. Standard Agreement for Consultant Services with D-Max Engineering, Inc.

B. Standard Agreement for Consultant Services with Mikhail Ogawa Engineering, Inc.

Reviewed/Approved By:

Assistant City Manager
2 of 37
Reviewed By:

Alan Fenstermacher
City Attorney
Chrisrl~
City Manager
June 18, 2024, Item #8
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 1st day of July, 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and D-MAX ENGINEERING, INC., (hereinafter referred to as "Consultant").

RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform as needed storm water engineering services (Project);
WHEREAS, Consultant is a storm water 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 37 1

ATTACHMENT A
June 18, 2024, Item #8

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 of37 2
June 18, 2024, Item #8
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;

4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;

5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;

6. Grant City approval to a plan, design, report, study, or similar item;

7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.

DISCLOSURE DETERMINATION:
1:8:] 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.

No disclosure required.

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

Julie Procopio, Director of Development Services

10. No Assignments.

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

11. Maintenance of Records.

Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 5 of 37 3
June 18, 2024, Item #8
(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 Con?ultant'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 37 4
June 18, 2024, Item #8
(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 tq 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 of37 5
June 18, 2024, Item #8
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 37 6
June 18, 2024, Item #8
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 37 7
June 18, 2024, Item #8
IN

WITNESS

WHEREOF,
the parties
hereto
have
duly
executed
this
Agreement
on
the
date
first
above
written
.

CITY
OF
POWAY
D-MAX

ENGINEERING,
INC.

By:------------
By:------------
Chris
Hazeltine,
City
Manager
John
Quenzer,
Vice
President
Date:

Date:
------------
------------
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk

APPROVED
AS
TO
FORM:

By:-------------
Alan
Fenstermacher,
City
Attorney
10 of
37 8
June 18, 2024, Item #8
"SPECIAL
PROVISIONS"

EXHIBIT
"A"
A.

Scope
of
Services.

Consultant
agrees
to
perform
as-needed,
on-call
storm
water
engineering
services
as
required
by
the
City,
which
shall
include
but
not
be
limited
to,
the
following:
•
Water
Quality
Improvement
Program
(WQIP)
procedures.
•
Implement
future
WQIP
requirements.
•
Assist
in
the
development
of
new
procedures
associated
with
future
WQIP's
and
permits.
•
Assist
with
compliance
with
storm
water
submittal
requirements.
•
Annual
industrial/commercial
facilities
storm
water
inspections
and
inventory
update.
•
Annual
update
of
the
Jurisdictional
Runoff
Management
Program
(JRMP).
•
Water
quality
monitoring
of
the
City's
storm
water
basins
-chemical
and
biological
analysis
.
•
Dry
Weather
Monitoring
-analytical
and
field
screening
.
•
Update SWPPP
for
Material
Handling
Yard
-inspection
and
evaluation.
•
Other
as-needed
storm
water
engineering
services.

The
use
of
subconsultants
will
be
disclosed,
and
include
a
breakdown
of
hours
and
rates
in
all
contract
proposals.

Use
of
subconsultants
shall
be
pre-approved
by
the
City
.

Consultant
shall provide
the
necessary
qualified
personnel
to
perform
the
services
.

Compensation
and
Reimbursement.

City
shall
pay
Consultant
a
fee
in
accordance
with
the
Fee
Schedule
submitted
with
the
proposals,
which
are
included
in
this
document
as
Attachment

1. 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.

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.

Upon
expiration
or
termination
of
this
Agreement,
Consultant
shall
return
to
City
any
and
all
equipment,
11 of
37 1
June 18, 2024, Item #8
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. (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.
12 of 37 2
June 18, 2024, Item #8
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:

To City:

To Consultant:
13 of 37 3
City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
D-Max Engineering, Inc.
5440 Morehouse Drive, Suite 4500
San Diego, CA 92121
June 18, 2024, Item #8
Attachment
1 ----
----
--
-----
.... -
_..,..
___
..,
~-
-
--
C1.nt.

IV.

Hourly
Fee
Sched
ule
&
Un
it Rates
for
Laboratory
Tests
D-MAX
and
Weston
will
furnish
all
equipment,
labor
and
materials
necessary
to
provide
the
as
needed
stormwa
ter
and
engineering
services.

Hourly
Fee
Schedule
D-MA
XLabor
• Word
Processor/Admin
82 :
--
--
---
---
--
----
-
-----
Dr
~~~r
_
_ ___
_
_
__ _I_
105
.

Technician
i
89 ,
---------
-
------1
---
-----·
--
1 · Senior
Technician
I
104
,
114
:
-----------
-
-----
Staff
Scientist
I
Staff
Scientist
II
128
·-
----
-----
-
--
-
·-·-
--
-
--
---'
-
--------
-
-
; -~ss
ist_§int
frojec
~ 8_cie
!]!!_
s_t _
__J
_________
~4~
i
Project
Scientist
I
166
'
-
-
1 -
•
-
-
Senior
Scientist
I
188
-
·-
-
-
-
-
-
-----
f--
-
--
--
--
---
Principal
_§>c
~enti
~t ____
_j __
_ _
_
___
--
~~
,
• Staff
Engineer
I_
--·
____
--,-
128
_S~
ff
Enginee
~ II_________
_
__
139
1 160
I
Assistant
Proje
~t Engineer
Project
Engineer
_____
-
-_-_-
--<~
-
-
180
I
Senior
Engineer
_______
j____
204
i
·_ Pr
!ncipa
J Enginee
~
___
__ __
__
__
-·--230
1 Appearance
as
expert
witnesses
at
court
trials
, mediation,
arbitration
hearings
and
depositions
will
be
charged
at
$300/hour.

Time
spent
preparing
for
such
appearances
will
be
charged
at
the
above
standard
hourly
ra
tes
.

Labor
rates
will
be
increased
annually
by
3%
or
the
San
Diego
consumer
price
index
(CPI)
,
whichever
is
less
.

Other
Charges
Subcontracted
services
, such
as
sub
consultants,
outside
testing
, drilling,
and
surveyors
, will
be
cha
rged
at
cost
plus
5%
.

Other
project-specific
costs
, such
as
rentals
, expendable
or
special
supp
lies
, special
project
insurance
, perm
its
and
licenses
, shipping
, subsistence
, tolls
and
park
ing,
outside
copying/printing
, etc.
, will
be
charged
at
cost
plus
5%
.

Meals
,
lodging,
and
travel
expenses,
when
pre-approved
by
the
City
, will
be
charged
at
cost
or
at
standard
per
diem
rates
,
as
applicable
.

Client
will
be
respons
ible
for
any
applicable
taxes
in
addition
to
the
fees
due
for
services
.
1~i&f'Qifoway
Proposal
for
As
-Needed
Storm
Water
Engineering
Services
Page
21 June 18, 2024, Item #8
I
I
Labor (Weston)
Classification/Task I Hourly Rate($)
f Assistant Labora.!.Q.!y Technician N~~ /
Technician, Field/Laboratory _
! Technician, Senior 95 I
: W/P & Gra hies 95 ,
, Pro ·ect Controls , 100 I
[ Environmental Analyst I 1 05 ]
1 Scientist 1 _ 120 I
I GIS Analyst_ __ ___ _ 130 !
! Scientist 2 ·-t-----135 I
I ---,
: En ineer, Junior 140 ,
/Scientist 3 150 :
i GIS S ecialist 160 '
, Senior Scientist 165
I Task Leader 180 1
j En ineer 180 ,
: Project Manager 195 :

I Engineer, Senior 215 I
:sr-:-Project Manager ------------------220 1
• Project Principal l ___ 250 I
--
_..., ___
--------
-....,.,__AV
...... _. -... ra.ra.

Labor rates will be increased annually by 3% or the San Diego consumer price index (CPI), whichever is less.

Laboratory Analytical 'Services
Laboratory unit costs in the table below are valid from 7/1/2024 through 12/31/2024. The costs in the table include O-MAX's 5% markup. An updated price sheet will be provided in subsequent years based on updated pricing received from the laboratories. We negotiate the prices with the laboratories every year and typically obtain discounted prices relative to typical rates given the large volume of sampling we collectively do across all our projects. . . . . .

Matrix
I
! Parameters
1 •
1 Method # .-, 1,.. ~nit Pric~
1 Aluminum (Dissolved $11.03
: Aluminum (Total ' $11.03
1 Water ; Ammonia as N I 1 $36.75
I ' I Water : Antimon Dissolved EPA 200.8 , 1 . $11. 03 I Water l Antimony (Total)________ . EPA200.8 --l-1 -,-$11.03--- ! Water i Arsenic Dissolved ___ .J ______ EPA 200.8 ____ J__1 _J ~:1 :!:Q~_ . : Water I Arsenic Total _ EPA 200.8 _j____J __ L ___ $.:!__1.03 ______ · L_Water _ i Barium (Dissolved) EPA 200.8 ___ i __ 1 _j__ $11.03 I Water I Barium (Total) EPA 200.8 • 1 1 $11.03
--Water ----l Biochemical Oxygen Demand --srif5-21-oii _______ ! --1 i $84.00 --- i Wate_r ____ I BTEX, fi{l_TBE & Oxygenates EPA 8260B ~--i--1-; __ $178.50 ! Cadmium Dissolved EPA 200.8 I 1 • $11.03 , Water
'Water ! Cadmium Total EPA_200.8 1 i __ $11.03 :

I Chloride SM45QO Cl c __ 1 ___ : ____ j~_?_.Q_t _ _ _
, Chrom_ium (Ql~solved ______________ , ___ EPA 200.8_____ 1 ____ $1_1.03 'Water
1 Water -----~--
City of Poway Proposal for As-Needed Storm Water Engineering Services 15 of 37

Page 22 ends

June 18, 2024, Item #8
--_
.........
.....
----
-----
-.-.
.. -.. .,.
,_.....
-
...
c-.La.

Water
• Chromium
(Total)
EPA
200
.8 1
$11
.03
, Water
--·-
Colif
ormEx
tra
Dilution
Method
1 $12.65
vyater
__
:~--
~-Coliforrl}
, Total
&
E.

Coli
Colilert-18
1 $
3:f3j--:

Water
Color
_____
SM2120
B 1
$44
.10
.
_j1
Water
: Copper
(Dissolved
EPA
200
.8 1
$11
.03
Water
_____
__ ! Copper
Total)
__
_
EPA200
.8 1
,
$11
.03
!
Water
DDT
___
_ ____
EPA625
.1
I
f-·-
$236.25
--
-j
W
ater
-·
•.
-Dissolve
d ··Che
mical
Ox
tg~n Q~!!1
9~<:l
-·-·
.... L
EPA
410
:4-·7--
• 1
:
$63
.00
!
Water
Dissolved
Organic
Carbon
I
SM5310
B
~---1
-·
i
$68.25
·--
-
1 Water
I
Dissolved
Oxygen
----
7-
-SM4500-O
G
1 -
1 -
-
$31.50
-
j JV
ater
f
oi~~
lve
_d
J)hosp
__ h~te_a~
EPA
365
.1
1_
_
_ $36
.75
Water
'DissolvedphosphateasP
•
EPA200
.7 1
_$11
.03
__
_
Water
I Enterococc
us
-
·---
;
•••
-Enter
olert
1 $23
. 78
Water
j
E~~!:9
_COC
CLI
S
-E~ra-_Qiluti
~
_-_-
---
__
-r --...

N/A
-
•
·I
__
1 _
:.
_ H
'LQ.1_
__
Water
Ethylene
Glycol
'
EPA
80158
, _
1 _
:_
_
$136
.50
.

Water
1• Har
dness,
Total
b
Calcula
tion
r--
EP
A
200
. 7
--;
1 •
$42.00
-Wat9f--·-·-
• He'xavalent
Chromium
EPA
218
.6
-;
1 --,--
~
j]o
-
·wate
r·
Hexavalent
Chromium
(Diss)
EPA
218
.6 1
$63.00
• Water
'. fron_(
Dissolve
~
____
__
-
---,-
____
EPA
200.8
_
-,-
_1· --·
$11
.03
'.Water
Iron
Total)
_____
_
__
_
EPA200
.8 ____
1 ·-
$1
~.03
_
~ Wa
_~~
__
Jy'la
~gane~
s,J
Dissolved)
_
_
__
..... _
-~E
A
~00.8
___
1 ______
$11
.03
__
.
1 W
9ter
• Manganese
_(I.c;:it§!)_
i
EPA
200
.8
•
1 $11.03
•
, Water
• MBAS
•
_
l, __
SM5540
C
.. 1_
·--
_ ~63
. 00
__
I_
Water
____
Mercury(Dissolved)
_
.

EPA
245.1
1 $36.
_75 _
_
Water
____
Me
rcuryJ
Total)
------
__
, ____
EPA
245
.1 1
-$3

6. 75
Water
' Metals
Digestion
Fee
-Liquids
NIA
i
1 i
$31
.50
; Water
•
Metals
Filtration
Fee
N/A
I
1 '
$16
.80
.

Water
I
Nickel
Dissolved)
1 EPA200
.8
I
1 $11
.03
-----;
. Water
I Nickel(Total)
_
_
I
EPA200
.8
i
1 '
$11
.03
Water
f Nitrat
e
a-sN
__
_
1 EPA
353
.2
•
1 '
$22.05
Water
Nitrate-Nitr
itea
s N-
--
-
-
::-_
-
--~
-
_EP
t
35 3.2
I
1 i
12 2~0~--
!
Water
Nitrite
as
N
EPA
353
.2
_
,
_ 1
_
._
$22.05
'{Y_?
t~r
_
: 011
&
Greas
_e __
·--
-
--
-
--
••
--·-j
EPA
1664A
___
j_
1 _; ____
$63
.00
i
Water
I
Organoc
hlor
ineP
esticides/PCBs
-
EPA
625
.1
I
1 $246
.75
Water
---i-
Or
ganophosphorus
Pesticides
EPA
625
.1
T
-1-
·
1 $236
.25
W
ater
. Orthophosphate
as
P__
_
i
EPA
365
.1
'
1 $36
. 75
-Water
_ -
-I-
Po
l]' aromatic
.!ii'.
drocarbons
_
. -
---
---
1 --···
EPA
625.1
1 $246
. 75
!
Water
• Polychlorinated
Biphenyls
!
EPA
625
.1
•
1 • $246
.75
l
.'{V
ater
; Potassium
('"@
tal)
____
_
__
_
___
EPA
200
.7
,
1 •
$12
.60
Water
Res
idual
Ch
lorine
SM4500
Cl
G
.
_
1 --·
_
_ $36.
75 :

Water
• Seleniu
~
(Dissolved)
__
______
EPA
200.8
1 1
!
$11
.03
Water
Selenium
(Total)
_
_·.
;
EPA
200.8
f
. 1
$11.03
W
?~.I.
__ ••.
~e~iv
Q_la~.1~_.Qi
g_~~
-Comp
.9
u~ds_
__
i
EPA
_62
~
__
j
_J
'
$262
_.5_0 __
Water
Silver
Dissolved)
EPA
200
.8 1
-l •
$11
_._03 __
, W
ater
--
·
Sil
ver
Total)
-----------
-----
EPA
200
.8
,
1 ,---
··$1

1.03 Water
I Sodium
(Total)
___
_
EPA
200
.i
..
!
1 !
$11
.03
-
Water
•• Specif
ic Cond
uctance
(EC
~--
SM2
~s
·--
---
1-
--1--
-$
26 .25
---·
.

Water
l STLC
Extra
ction
-
__ --
-
-
--
-
i
CA
T~
le_2?-:.§
TLC
!
1 _i-·
$68.25
--
--
Water
I
STLC
Metals-Package
varies
I
1 i
$210
.00
Water
Sulfa
te
•
-
••
Sfv1_4~Q9S0
1 E
l
1-
•
J22
.6[
_-=-
~-
City
of
Poway
Proposal
for
As-Needed
Storm
Water
Engineering
Services
16 of
37 Page
23 June 18, 2024, Item #8
I
.. ,
-
'
Matrix
,,
I Parameters
Method
--_,_.._
....
----------
.......
-.. .,.
.._....
.
-...
ra..-.
. Unit
Price
I Sus
ended
Sediment
Concentration
1 $68.25
Water
I S
nthetic
P
rethroids
1 $267.75
Water
'TCLPExtraction
EPA1311
1 1
I
$68.25
Water
. TCLP
Metals
(17)
-Package
varies
I
1 '
$210
.00
i Water
, Thallium
(Dissolved)
EPA
200.8
-1-
~-
$11.03
Water
!Thallium(Total)
EPA200
.8 1
$11
.03
1 Water
___
'. Total
Alkalin
lty
SM23208
___
__!___
$36.75
Total
Dissolve.
_d_S_o-li-ds----------+--·-
s-M_2_5_4_0_C_
1 $31.50
j Water . Water
Total
Kieldahl
Nitrogen
as
N
EPA
351
.2 1
$73
.50
I Water
Total
Nitrogen
as
N
varies
1 $115.50
j Water Water
I._T_ otal
Org
_a_ nic
Carbon
SM5310B
1-~-
$57.75
I Total
Phenols
EPA
420.1
l-
--·1
-;_
-$73
.50
! Water
I_ Total
phosphate
as
P
EPA
365.1
1 $52.
-50
-
_,
-
-
-
-
~
1 Water Water Water
1 Total
phosphate
as
P
~-
_
-19~
.z_
_
_ _
1 $11
. 03
I Total
Sulfide
;
SM4500
S D
1 $31
.50
1 Total
Sus
ended
Solids
____
,___
SM2540
D 1
~-
$_3_1_.5_0 ___
_
1 Water
Gasoline
Range
Organics
___
__
1 _EPA
_82~8
_
_
1 _ $-~~Jg
_
Water
Diesel
Range
Organics
___
.
___
E_P_A_8_0158
1 _ ~
~I-QQ
__
I Water
, Turbidi
SM2130
B 1
$21
.00
I Water
i.V_o_l_a-til-e~O-r-ga_n_i_c_C_o_m_p_o_u_nd_s___
EPA624
.1
-
r
1 $1-47
.00
__
_
I---------~
·---~---
EPA200
.8 1
$11.03
____
_
~
ater
____
J.Zinc
(Dissolved)
___
___
_
_ ____
_
I Water
I Zin
_c (Total)
____
EPA
200.8
___
J
_
___
~11.03
_
WSP
Molecular
Laboratory
Laboratory
Test
Fees-
Microbial
Source
Tracking
Markers,
Fecal
Indicators,
and
Others
1 '
.

Service
Description
• Pricing
Sampling
Kit
Filtrat
ion
Archival MST2
Markers
(e.g.

HF183)
by
ddPCR
Kit
for
collection
of
HF183
samples,
including
sample
containers,
cooler,
acid
waste
container,
400ml
certified
blank
water
per
10 bottles,
collection
and
handling
SOP_,
COC,
labels
.
500ml
prepared
single
use
bottles
provided
by
WSP
.

Includes
3 PC
filter
replicates.

Target
volume
100ml

1. Each
additional
PC
filter
replicate,
100ml

1. Each
additional
HA
filter
replicate
with
pH
adjustmenUMgCl2
preservative
, 250ml

1. Complimentary
archival
for
30 days
after
sample
collection
.

Includes
formal
Laboratory
Report
with
QA/QC
data
Filtration
conducted
by
summary,
CEDEN-formatted
WSP
.

EDD
. Includes
inhibition/recovery
testing
and
re-analysis,
if
required
. Assumes
from
frozen
Frozen
filter
received
by
filter
. Assumes
TAT
10 business
WSP
.
days
.
1 Maximum
volume
will
be
that
which
is
able
to
be
filtered
in
15 minutes
.
2 MST=
Microbial
Source
Tracking
for
identification
of
sources
of
fecal
contamination.

City
of
Poway
Proposal
for
As-Needed
Storm
Water
Engineering
Services
17 of
37 Kit
for
1 O
samples
:
$170
Kit
for
20 samples:
$325
$250
per
sample
$35
per
sample
$70
per
sample
$5/sample
per
month
'
beyond
30 days
First
assay
: $250
per
sample
1 Each
additional
assay
:
$150
per
sample
First
assay
: $300
per
sample
1 Each
additional
assay:
$150
per
sample
Page
24 June 18, 2024, Item #8

EXHIBIT
"B"
Cal
Gov
Code§
7522.56
Deering's
California
Codes
are
current
through
all
1016
chapters
of
the
2018
Regular
Session
and
the
November
6,
2018
Ballot
Measures.

Deering's
California
Codes
Annotated>

GOVERNMENT
CODE>
Title
1 General>
Division
7 Miscellaneous
>
Chapter
21 Public
Pension
and
Retirement
Plans
> Article
4 California
Public
Employees'
Pension
Reform
Act
o/2013
§ 7522.56.

Provisions
applicable
to
person
receiving
pension
benefit
from
public
retirement
system;
Section
supersedes
conflicting
provisions
(a)This
section
shall
apply
to
any
person
who
is
receiving
a pension
benefit
from
a public
retirement
system
and
shall
supersede
any
other
provision
in
conflict
with
this
section.
(b)
A
retired
person
shall
not
serve,
be
employed
by,
or
be
employed
through
a contract
directly
by
, a public
employer
in
the
same
public
retirement
system
from
which
the
retiree
receives
the
benefit
without
reinstatement
from
retirement,
except
as
permitted
by
this
section. (c)
A
person
who
retires
from
a public
employer
may
serve
without
reinstatement
from
retirement
or
loss
or interruption
of
benefits
provided
by
the
retirement
system
upon
appointment
by
the
appointing power
of
a public
employer
either
during
an
emergency
to
prevent
stoppage
of
public
business
or
because
the
retired
person
has
skills
needed
to
perform
work
of
limited
duration.
(d)Appointments
of
the
person
authorized
under
this
section
shall
not
exceed
a total
for
all
employers
in
that
public
retirement
system
of
960
hours
or
other
equivalent
limit,
in
a
calendar
or
fiscal
year,
depending
on
the
administrator
of
the
system
. The
rate
of
pay
for
the
employment
shall
not
be
less
than
the
minimum
, nor
exceed the
maximum,
paid
by
the
employer
to
other
employees
performing
comparable
duties,
divided
by
173.333
to
equal
an
hourly
rate.

A
retired
person
whose
employment
without
reinstatement
is
authorized
by
this
section
shall
acquire
no
service
credit
or
retirement
rights
under
this
section
with
respect
to
the
employment
unless
he
or
she
leinstates
from
retirement.
(e)
18 of
37 (l)Notwithstanding
subdivision
(c)
, any
retired
person
shall
not
be
eligible
to
serve
or
be
employed
by
a public
employer
if,
during
the
12-month
period
prior
to
an
appointment
described
in
this
section,
the
retired
person
received
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
June 18, 2024, Item #8
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:
19 of 37
(l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the .California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
2 June 18, 2024, Item #8
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 (I) 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 I, 2013. Amended Stats 2013 ch 528 § 11 (SB 13). effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January I, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January I, 2015.

Annotations
Notes
Amendments:

Note--
Amendments:
2013 Amendment:

Substituted (I) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
20 of 37 3
June 18, 2024, Item #8
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 1st day of July, 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and MIKHAIL OGAWA ENGINEERING, INC. (hereinafter referred to as "Consultant").

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.

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. 21 of 37 1

ATTACHMENT B
June 18, 2024, Item #8

5. Confidential Relationship.

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.

8. Ownership of Documents.

9. Conflict of Interest and Political Reform Act Obligations.

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. 22 of 37 2
June 18, 2024, Item #8
"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;

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.

Julie Procopio, Director of Development Services

10. No Assignments.

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 23 of 37 3
June 18, 2024, Item #8
(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.

13. Licenses, Permits, Etc.

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.
24 of 37 4
June 18, 2024, Item #8
(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.

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. 25 of 37 5
June 18, 2024, Item #8
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.

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.

23. Entire Agreement.

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. 26 of 37 6
June 18, 2024, Item #8
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.

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

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

By: ____________ _
Alan Fenstermacher, City Attorney
28 of 37 8
MIKHAIL OGAWA ENGINEERING, INC.

By:-------------
Mikhail Ogawa, P.E., Principal Engineer
Date: ------------
June 18, 2024, Item #8
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.

Consultant agrees to perform as-needed, on-call storm water engineering services as required by the City, which shall include but not be limited to, the following:
• Water Quality Improvement Program (WQIP) procedures.
• Implement future WQIP requirements.
• Assist in the development of new procedures associated with future WQIP's and permits.
• Assist with compliance with storm water submittal requirements. • Annual industrial/commercial facilities storm water inspections and inventory update. • Annual update of the Jurisdictional Runoff Management Program (JRMP). • Water quality monitoring of the City's storm water basins -chemical and biological analysis.
• Dry Weather Monitoring -analytical and field screening. • Update SWPPP for Material Handling Yard -inspection and evaluation. • Other as-needed storm water engineering services.

The use of subconsultants will be disclosed, and include a breakdown of hours and rates in all contract proposals. Use of subconsultants shall be pre-approved by the City.

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, which are included in this document as Attachment 1. 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.

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

C. Term of Agreement.

This Agreement shall be effective from the period commencing July 1, 2024, and ending June 30, 2027, 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, 29 of 37 1
June 18, 2024, Item #8
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:

2. Endorsements:

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

3. Insurance Certificates:

E. Notices.
30 of 37 2
June 18, 2024, Item #8
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:

To City:

To Consultant:
31 of 37 3
City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
Mikhail Ogawa Engineering, Inc.
2195 San Dieguito Drive, Suite 1
Del Mar, CA 92014
June 18, 2024, Item #8
Attachment
1 City
of
Poway-
As
-Needed
Storm
Water
Engineering
Services
May
23,
2024
6 BILLING
RATES
&

COMPENSATIO
N

PROCESS
MOE
operates
on
a Time
&
Materials
basis
. We
will
prepare
monthly
invoices
that
include
detailed
notes
of
services
provided
by
each
person
providing
services
to
the
City
.

Our
FY
2025
rates
are
included
below.

These
rates
include
vehicular
use
and
mileage.

Principal
Engineer
Senior
Scientist
Assistant
Scientist
Mikhail
Ogawa
............................
$195
.00
-Nehemiah
Martinez
.....................
$180
.00
Shane
Daly
...............................
.. $160
.00
Associate
Engineer
Genel
Davis
..............
..................

S170
.00
Jeff
Warner
...................
.............
.. $180
.00
Associate
Scientist
Dust
in Tran
....
........................
..... $160.00
Ellie
Deer
.............
....
......
........
.....
$160.00
Zach
Ro
wlands
.....
..............
.........
$170
.00
Shiva
Chemburkar
......................
5160
.00
Sara
Afshar
.........
...........
......
....... $170
.00
Administrative
Professional
Jason
DuMond
.........
...................
$170
.00
Dor
i Jacobs
..........
...............
........
$90.00

REIMBURSABLE
COSTS
Subcontractors
:

Lab
Costs
-see
rate
sheet
:

Other
Direct
Costs
:

Actual
expense
plus
10%
Actual
expense
plus
10%
Actual
expense
plus
10%
7 MOE

EXPECTATIONS
OF
THE
CIT
Y
To
effectively
perform
the
services
identified
in
the
RFP
, MOE
expects
the
following
from
the
City
of
Poway
throughout
the
term
of
the
project:
•
••
Access
to
Information
and
Documentation
: Timely
access
to
relevant
documents,
data
, and
reports
related
to the
City's
stormwater
management
programs.

Point
of
Contact:

A
dedicated
City
representative
with
decisi_on-ma
king
authority
for
efficient
communication
and
approvals
.

Support
in
Engagement:

Assistance
in
engaging
with
residents
and
businesses
during
inspections,
including
providing
official
letters
or
other
means
of
identification
to
confirm
that
our
representatives
are
acting
on
behalf
of
the
City
.

These
requirements
will
help
ensure
the
successful
delivery
of
high-quality
stormwater
engineer
ing
services
.

Page
14 of
15 32
of
37 t~MOE
~ J J fft ,r ~ ~ rr ~ tr .,.,. ,.,-~ fl"' ~ ..~ ~ c=e:-----v eer V e:ee:~ #f!:-' .. tf!iic:-' ..~ ~ ~ 8:JI ...

June 18, 2024, Item #8
•
Cost
for
Laboratory
Analysis
by
Parameter
Parameter
Test
Method
TargetRL
Units
Cost
per
Sample
8ifenthrin
(Synthetic
Pyrethroid)
GC/MS
NCI
-SIM
2to
10 ng/L
$
220.00
Cypermethrin
(Synthetic
Pyrethroid)
GC/MS

NCI-SIM
2 to
10 ng/L
Chlorpyrifos
(Organophosphate
Pesticides)
USEPA
625M

0.01 µg/L
Diazinon
(Organophosphate
Pesticides)
USEPA
625M

0.01 µg/L
$
200.00
Malathion
(Organophosphate
Pesticides)
USEPA
625M

0.01 µg/L
Sulfates
USEPA300
.0

0.5 mg/L
$
15 .00
Chloride
USEPA
300
.0

0.5 mg/L
$
15 .00
Total
Hardness
SM
23408

0.661
mg/L
$
25 .00
Enterorcoccus
SM
9230C
20 MPN/lOOmL
$
60 .00
Fecal
Coliform
SM
9221E
20 MPN/lOOmL
$

40.00 Total
Coliform
SM
92218
20 MPN/lOOmL
$

40.00 Cadmium
(dissolved)
USEPA
200.8

0.001
mg/L
$

13.00 Cadmium
(total)
USEPA
200
.8

0.001
mg/L
$
13 .00
Chromium
(dissolved)
USEPA
200
.8

0.002
mg/L
$

30.00 •
Chromium
(total)
USE
PA
200
.8

0.002
mg/L
$
30 .00
Chrom
ium
Ill
(dissolved)
Calculatio
n
NA
mg/L
$
82 .00
Chromium
Ill
(total)
Calculation
NA
mg/L
$
82 .00
Chromium
VI
(dissolved)
US
EPA
218
.6

0.002
mg/L
$

82.00 Chromium
VI
(total)
US
EPA
218.6

0.002
mg/L
$
82 .00
Copper
(dissolved)
US
EPA
200
.8

0.002
mg/L
$
13 .00
Copper
(total)
US
EPA
200
.8

0.002
mg/L
$

13.00 Iron
(dissolved)
USEPA
200
.7

0.01 mg/L
$
13 .00
Iron
(total)
US
EPA
200.
7 0.01
mg/L
$

13.00 Lead
(dissolved)
,
USEPA
200
.8

0.001
mg/L
$

13.00 Lead
(total)
USEPA
200
.8

0.001
mg/L
$
13 .00
Manganese
(disso
lved)
US
EPA
200.8

0.0002
mg/L
$
13 .00
Manganese
(total)
US
EPA
200
.8

0.0002
mg/L
$

13.00 Nickel
(dissolved)
US
EPA
200
.8

0.002
mg/L
$

13.00 Nickel
(total)
USEPA
200
.8

0.002
mg/L
$

13.00 Selen
ium
(dissolved)
USEPA
200
.8

0.0002
mg/L
$
13 .00
Selen
ium
(total)
USEPA
200
.8

0.0002
mg/L
$

13.00 Silver
(dissolved)
USEPA
200
.8

0.001
mg/L
$
13 .00
Silver
(total)
USE
PA
200.8

0.001
mg/L
$

13.00 Zinc
(dissolved)
USEPA
200
.8

0.001
mg/L
$

13.00 ...

Zinc
(total)
USEPA
200.8

0.001
mg/L
$

13.00 Ammonia
USEPA
350
.1

0.1 mg/L
$

27.00 Nitrate
USEPA
353
.2

0.1 mg/L
$
17 .00
Nitrite
US
EPA
353.2

0.1 mg/L
$
17 .00
Orthophosphate
US
EPA
365.1

0.002
mg/L
$
27 .00
... ,)
TKN
US
EPA
351.2

0.1 mg/L
$
Total
Nitrogen
Calculation
115.00
NA NA
fl
Dissolved
Phosphorus
USEPA
365
.1

0.002
mg/L
$
37 .00
Total
Phosphorus
USEPA
365
.1

0.01 mg/L
$
37 .00
TDS
SM
2540C
10 mg/L
$
27 .00
TSS
SM
25400
5 mg/L
$

27.00 DDT
EPA
608
low
level
5 ng/L
$
170
.00
M8AS
SM
5540C

0.05 mg/L
$

45.00 33
of
37 Page
1 of
2 June 18, 2024, Item #8
Extra
bacteria
dilution
Coliform
3 Extra
Dilutions
SM
9221
B
NA NA
$
35 .00
Enterococcus
3 Extra
Dilutions
SM
9230
NA
NA
$
35 .00
Fecal
Coliform
3 Extra
Dilut
ions
SMEWW
922
1 NA
NA
$
35 .00
Additional
Fees
After
hours
fee
(Weekends
included)
NA
NA
NA
10%*
Holiday
fee
NA
NA
NA
10%
*
CEDEN
File
Fee
(Bacteria)
NA
NA
NA
$
30 .00
CEDEN
File
Fee
(Other
Parameters)
NA
NA
NA
$
30 .00
Courier
Sample
Pick-up
NA
NA
NA
$
220
.00
Preparation
-Digestion
for
metals
NA
NA
NA
$
25 .00
Preparation
-Filtrat
ion,
dissolved
metals
NA
NA
NA
$
20 .00
* The
labs
cannot
provide
after
hours/weekend
or
holiday
surcharges
until
they
know
how
many
samples
they
will
receive
from
all
of
their
clients.

They
recommended
a
10%
surcharge
for
estimating
purposes
.
34 of
37 Page
2 of
2 r r fr ft ~ r r ff'! r ,rf r r tr r. r. f!'f r tr .-ri ... f"'1 ... ,. ff" ~ ~ ~ ~ f-! ~ ~ ~ "" .., Pl t-1 M ~ ~ ~ P,t 6"I ~ June 18, 2024, Item #8
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person 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)
35 of 37
(!)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 June 18, 2024, Item #8
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:
36 of
37 (l)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
governing
body
of
the
employer
in
a public
meeting.

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

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

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

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

The
appointment
may
not
be
placed
on
a consent
calendar.
(3)The
retiree
is
eligible
to
participate
in
the
Faculty
Early
Retirement
Program
pursuant
to
a
collective
bargaining
agreement
with
the
California
State
University
that
existed
prior
to
January
1,
2013,
or
has
been
included
in
subsequent
agreements.
2 June 18, 2024, Item #8
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).
37 of
37 3

Poway City CouncilJune 18, 2024

Poway City Council
June 18, 2024