September 17, 2024, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
CITY COUNCIL
September 17, 2024
Honorable Mayor and Members of the City Cowil
Eric Heidemann, Director of Public Works i ~
Will Wiley, Assistant Director of Public Works for Maintenance Operation ~ (858) 668-4705 or [email protected]
Award of Agreement to ID Construction for Public Facilities Renovation Tennis Court Fencing Replacement at Poway Community Park
An informal request for proposals for Public Facilities Renovation Tennis Court Fencing Replacement at Poway Community Park was requested on June 12, 2024, by the City of Poway (City). The City participates in California Uniform Public Construction Cost Accounting Act (CUPCCM) which allows informal bidding procedures for public works projects under $200,000. City staff (staff) contacted CUPCCM registered companies to provide proposals for tennis court fencing replacement. Four (4) proposals were received and reviewed by staff. Staff determined ID Construction to be qualified to provide these services at the best value to the City.
Recommended Action:
It is recommended City Council award the Agreement for Public Facilities Renovation Tennis Court Fencing Replacement at Poway Community Park to ID Construction in the amount of $139,500 and authorize the City Manager to execute the necessary documents.
Discussion:
As part of the annual budget process, funds are allocated for capital projects through the Capital Improvement Program (CIP) for investment in City infrastructure, including City facilities. During the Fiscal Year (FY) 2023-24 budget process, funds were allocated to Public Facilities Renovation (MN040).
It was determined a portion of the funds would be utilized for tennis court fencing replacement at Poway Community Park.
The tennis court fencing has reached the end of its useful life and requires replacement. The proposed project involves replacing several rusted poles with new galvanized poles, applying an epoxy coating to all existing and new poles, including light poles, and replacing the chain-link fence with standard tennis court fencing. Additionally, all privacy fabric will be replaced. Once the Agreement is signed, the estimated construction timeline is 20 working days. Effort will be made to minimize community 1 of20
September 17, 2024, Item #6
impact. The table below provides details on the proposals received for this work.
Vendor Proposal
United General Construction Inc. $129.648
ID Construction $139,500
KYA $199,294.53
Grahovac Construction $220,950
A site walk was held on June 5 and June 6, 2024 to review the scope of work. Four (4) proposals were received and reviewed by staff. ID Construction offered an alternative coating along with additional coats to all poles, resulting in a higher quality product, ensuring optimal value to the City. Staff determined ID Construction to be qualified to provide these services.
Copies of all proposals are on file with the Public Works Department.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The Public Facilities Renovation project (MN040) includes $139,500 for tennis court fencing replacement. There is sufficient funding available in MN040 to award this Agreement at the recommended amount.
Public Notification:
None.
Attachments:
A Standard Agreement
Reviewed/Approved By:
Assistant City Manager
2 of20
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
September 17, 2024, Item #6
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 18th day of September 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and ID CONSTRUCTION (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, City desires to obtain the services for Public Facilities Renovation Tennis Court Fencing Replacement;
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services;
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 3 of20 ATTACHMENT A
September 17, 2024, Item #6
delivery
of
written
notice
of
termination
to
Contractor.
Such
termination
shall
be
effective
upon
delivery
of
said
notice.
5. Confidential
Relationship.
City
may
from
time
to
time
communicate
to
Contractor
certain
information
to
enable
Contractor
to
effectively
perform
the
services.
Contractor
shall
treat
all
such
information
as
confidential,
whether
or
not
so
identified,
and
shall
not
disclose
any
part
thereof
without
the
prior
written
consent
of
the
City.
Contractor
shall
limit
the
use
and
circulation
of
such
information,
even
within
its
own
organization,
to
the
extent
necessary
to
perform
the
services.
The
foregoing
obligation
of
this
Paragraph
5,
however
, shall
not
apply
to
any
part
of
the
information that
(i)
has
been
disclosed
in
pub
licly
available
sources
of
information;
(ii)
is,
through
no
fault
of
Contractor,
hereafter
disclosed
in
publicly
available
sources
of
information;
(iii)
is
now
in
the
possession
of
Contractor
without
any
obligation
of
confidentiality
;
or
(iv)
has
been
or
is
hereafter
rightfully
disclosed
to
Contractor
by
a
third
party,
but
only
to
the
extent
that
the
use
or
disclosure
thereof
has
been
or
is
rightfully
authorized
by
that
third
party
.
Contractor
shall
not
disclose
any
reports,
recommendations,
conclusions
or
other
results
of
the
services
or
the
existence
of
the
subject
matter
of
this
agreement
without
the
prior
written
consent
of
the
City.
In
its
performance
hereunder,
Contractor
shall
comply
with
all
legal
obligations
it
may
now
or
hereafter
have
respecting
the
information
or
other
property
of
any
other
person
, firm
or
corporation.
6. Office
Space
and
Clerical
Support.
Contractor
shall
provide
its
own
office
space
and
clerical
support
at
its
sole
cost
and
expense.
7. Covenant
Against
Contingent
Fees.
Contractor
declares
that
it
has
not
employed
or
retained
any
company
or
person,
other
than
a
bona
fide
employee
working
for
Contractor
, to
solicit
or
secure
this
Agreement,
that
it
has
not
paid
or
agreed
to
pay
any
company
or
person,
other
than
a
bona
fide
employee,
any
fee,
commission,
percentage,
brokerage
fee,
gift
or
any
other
consideration
, contingent
upon
or
resu
lting
from
the
award
or
making
of
the
Agreement.
For
breach
of
violation
of
this
warranty,
City
shall
have
the
right
to
annul
this
Agreement
without
liability,
or,
at
its
sole
discretion,
to
deduct
from
the
Agreement
price
or
consideration,
or
otherwise
recover
the
full
amount
of
such
fee,
commission,
percentage
,
brokerage
fee,
gift
or
contingent
fee
.
8. Ownership
of Documents.
All
memoranda,
reports,
plans,
specifications,
maps,
and
other
documents
prepared
or
obtained
under
the
terms
of
this
Agreement
shall
be
the
property
of
City
and
shall
be
delivered
to
City
by
Contractor
upon
demand.
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September 17, 2024, Item #6
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
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(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.
September 17, 2024, Item #6
DISCLOSURE
DETERMINATION:
t8:I
1. Contractor
will
not
be
"making
a
government
decision"
or
"serving
in
a
staff
capacity"
as
defined
in
Sections
A
and
B
above.
No
disclosure
required.
D
2. Contractor
will
be
"making
a
government
decision"
or
"serving
in
a
staff
capacity"
as
defined
in
Sections
A
and
B
above.
As
a
result,
Contractor
shall
be
required
to
file
a
Statement
of
Economic
Interest
with
the
City
Clerk
of
the
City
of
Poway
in
a timely
manner as
required
by
law.
Department
Director
10. No
Assignments.
Neither
any
part
nor
all
of
this
Agreement
may
be
assigned
or
subcontracted,
except
as
otherwise
specifically
provided
herein,
or
to
which
City,
in
its
sole
discretion,
consents
to
in
advance
thereof
in
writing.
Any
assignment
or
subcontracting
in
violation
of
this
provision
shall
be
void.
11. Maintenance
of Records.
Contractor
shall
maintain
all
books,
documents,
papers,
employee
time
sheets,
accounting
records,
and
other
evidence
pertaining
to
costs
incurred
and
shall
make
such
materials
available
at
its
office
at
all
reasonable
times
during
the
agreement
period
and
for
three
(3)
years
from
the
date
of
final
payment
under
this
Agreement,
for
inspection
by
City
and
copies
thereof
shall
be
furnished,
if
requested.
12. Independent
Contractor.
At
all
times
during
the
term
of
this
Agreement,
Contractor
shall
be
an
independent
contractor
and
shall
not
be
an
employee
of
the
City
of
Poway
. City
shall
have
the
right
to
control
Contractor
only
insofar
as
the
results
of
Contractor
's services
rendered
pursuant
to
this
Agreement;
however,
City
shall
not
have
the
right
to
control
the
means
by
which
Contractor
accomplishes
such
services
.
13. Licenses,
Permits,
Etc.
Contractor
represents
and
declares
to
City
that
it
has
all
licenses,
permits,
qualifications,
and
approvals
of
whatever
nature
that
are
legally
required
to
practice
its
profession.
Contractor
represents
and
warrants
to
City
that
Contractor
shall,
at
its
sole
cost
and
expense
, keep
in
effect
at
all
times
during
the
term
of
this
Agreement,
any
license, permit,
or
approval
which
is
legally
required
for
Contractor
to
practice
its
profession. 6
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September 17, 2024, Item #6
14. Contractor's
Insurance.
Contractor
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
15. Indemnification.
(a)
For
Claims
(as
defined
herein)
other
than
those
alleged
to
arise
from
Contractor's
negligent
performance
of
professional
services,
City
and
its
respective
elected
and
appointed
boards,
officials,
officers
, agents,
employees
and
volunteers
(individually
and
collectively
, "lndemnitees")
shall
have
no
liability
to
Contractor
or
any
other
person
for,
and
Contractor
shall
indemnify,
protect
and
hold
harmless
lndemnitees
. from
and
against,
any
and
all
liabilities,
claims
, actions,
causes
of
action
, proceedings,
suits
, damages,
judgments,
liens,
levies,
costs
and
expenses,
including
reasonable
attorneys'
fees
and
disbursements
(collectively
"Claims"),
which
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
occurring
as
a
result
of
Contractor's
negligent
performance
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Contractor,
its
agents,
officers,
directors,
sub-Contractors
or
employees.
(b)
For
Claims
alleged
to
arise
from
Contractor's
negligent
performance
of
professional
services,
lndemnitees
shall
have
no
liability
to
Contractor
or
any
other
person
for,
and
Contractor
shall
indemnify
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
Claims
that
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
to
the
extent
occurring
as
a
result
of
Contractor's
negligent
performance
of
any
professional
services
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Contractor,
its
agents,
officers
,
directors,
sub-Contractors
or
employees,
committed
in
performing
any
of
professional
services
under
this
Agreement.
For
Claims
alleged
to
arise
from
Contractor's
professional
services,
Contractor's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Contractor's
negligence.
(c)
The
foregoing
obligations
of
Contractor
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials
, officers,
agents,
employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Contractor,
anyone
directly
or indirectly
employed
by
it or
anyone
for
whose
acts
it may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Contractor
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts
.
7 of
20 September 17, 2024, Item #6
(e)
Contractor
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Contractor
is
carrying
and
maintaining;
however,
if Contractor
fails
to
take
such
action
as
is
necessary
to
make
a claim
under
any
such
insurance
policy,
Contractor
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Contractor
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section
15. (g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.
16. Assumption
of
Risk.
Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Contractor:
(a)
Contractor
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Contractor
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Contractor's
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor's
Scope
of
Services;
and
(b)
it
is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Contractor
or
its
employees
in
connection
with
Contractor's
performance
its
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor's
Scope
of
Services.
17. Contractor
Not
an
Agent.
Except
as
City
may
specify
in
writing,
Contractor
shall
have
no
authority,
expressed
or
implied,
to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.
Contractor
shall
have
no
authority,
expressed
or implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.
18. Personnel. Contractor
shall
assign
qualified
and
certified
personnel
to
perform
requested
services.
The
City shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects.
City shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Contractor
by
giving
oral
or
written
notice
to
Contractor
to
such
effect.
Contractor's
personnel
shall
at
all
times
comply
with
City's
drug
and
alcohol
policies
then
in
effect.
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September 17, 2024, Item #6
19. Notices. Notices
shall
be
given
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
20. Governing
Law,
Forum
Selection
and
Attorneys'
Fees.
This
Agreement
shall
be
governed
by,
and
construed
in
accordance
with,
the
laws
of
the
State
of
California.
Each
party
to
this
Agreement
consents
to
personal
jurisdiction
in
San
Diego
County,
California,
and
hereby
authorizes
and
accepts
service
of
process
sufficient
for
personal
jurisdiction
by
first
class
mail,
registered
or
certified,
postage
prepaid,
to
its
address
for
giving
notice
as
set
forth
in
Exhibit
"A"
hereto.
Any
action
to
enforce
or
interpret
the
terms
or
conditions
of
this
Agreement
shall
be
brought
in
the
Superior
Court
in
San
Diego
County,
Central
Division,
unless
the
parties
mutually
agree
to
submit
their
dispute
to
arbitration
. Contractor
hereby
waives
any
right
to
remove
any
such
action
from
San
Diego
County
as
is
otherwise
permitted
by
California
Code
of
Civil
Procedure
section
394.
The
prevailing
party
in
any
such
action
or
proceeding
shall
be
entitled
to
recover
all
of
its
reasonable
litigation
expenses,
including
its
expert
fees,
attorneys'
fees,
courts
costs,
arbitration
costs,
and
any
other
fees.
Notwithstanding
the
foregoing,
in
the
event
that
the
subject
of
such
an
action
is
compensation
claimed
by
Contractor
in
the
event
of
termination,
Contractor's
damages
shall
be
limited
to
compensation
for
the
60-day
period
for
which
Contractor
would
have
been
entitled
to
receive
compensation
if
terminated
without
cause,
and
neither
party
shall
be
entitled
to
recover
their
litigation
expenses.
21. Gender. Whether
referred
to
in
the
masculine,
feminine,
or
as
"it,"
"Contractor"
shall
mean
the
individual
or
corporate
Contractor
and
any
and
all
employees
of
Contractor
providing
services
hereunder.
22. Counterparts. This
Agreement
(and
any
amendments)
may
be
executed
in
multiple
counterparts,
each
of
which
shall
be
deemed
an
original,
but
all
of
which
, together,
shall
constitute
one
and
the
same
instrument.
Documents
delivered
by
telephonic
facsimile
transmission
shall
be
valid
and
binding.
23. Entire
Agreement.
This
Agreement
shall
constitute
the
entire
understanding
between
Contractor
and
City
relating
to
the
terms
and
conditions
of
the
services
to
be
performed
by
Contractor.
No
agreements,
representations
or
promises
made
by
either
party,
whether
oral
or
in
writing,
shall
be
of
any force
or
effect
unless
it is
in
writing
and
executed
by
the
party
to
be
bound
thereby.
9 of
20 September 17, 2024, Item #6
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.
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
10 of 20
September 17, 2024, Item #6
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By:-----------
Chris Hazeltine, City Manager
Date: -----------
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
ID CONSTRUCTION
By:------------
Dusko llich, Owner
Date: ------------
By:-------------
Alan Fenstermacher, City Attorney
11 of 20
September 17, 2024, Item #6
"SPECIAL
PROVISIONS"
EXHIBIT
"A"
A.
Scope
of
Services.
Contractor
agrees
to
provide
tennis
court
fencing
replacement
which
shall
consist
with
the
documents
described
in
the
Scope
of
Services
submitted
on
July
22,
2024,
which
is
included
in
this
document
as
Attachment
1,
and
incorporated
by
reference,
as
if
its
contents
were
fully
set
forth
herein.
Contractor
shall
provide
the
necessary
qualified
personnel
to
perform
the
services.
8. Compensation
and
Reimbursement.
City
shall
pay
Contractor
a
fee
in
accordance
with
the
total
fees
submitted
with
the
quote
dated
July
22,
2024,
which
is
included
in
Attachment
1. Total
fee
is
not
to
exceed
$139,500.
Contractor's
fee
shall
include
and
Contractor
shall
be
responsible
for
the
payment
of
all
federal,
state,
and
local
taxes
of
any
kind
which
are
attributable
to
the
compensation
received. In
addition
to
said
consulting
fee,
Contractor
shall
be
reimbursed
for
all
reasonable
expenses,
including
lodging,
telephone,
and
travel
(air,
auto,
rail)
necessarily
incurred
in
performance
of
the
services.
Contractor
shall
bill
City
for
such
expenses
as
incurred,
referencing
this
Agreement.
All
expenses
shall
be
itemized
and
supported
by
receipts
for
amounts
in
excess
of
Twenty-Five
Dollars
($25.00).
Statements
for
reimbursement
of
expenses
shall
be
paid
within
ten
(10)
days
of
approval
by
City.
All
air
travel
shall
be
billed
at
coach
or
special
fare
rates.
Reimbursement
for
lodging
is
limited
to
travel
from
outside
of
San
Diego
County.
Contractor
shall
receive
prior
authorization
for
air
travel
and
lodging
expenses.
All
other
expenses
shall
be
reimbursed
in
accordance
with
City's
cash
disbursement
policies
in
effect
at
the
time
incurred.
C.
Term
of
Agreement.
This
Agreement
shall
be
effective
from
the
period
commencing
September
18,
2024,
and
ending
June
30,
2025,
unless
sooner
terminated
by
City
as
provided
in
the
section
of
this
Agreement
entitled
"Termination.
Upon
expiration
or
termination
of
this
Agreement,
Contractor
shall
return
to
City
any
and
all
equipment,
documents
or
materials
and
all
copies
made
thereof
which
Contractor
received
from
City
or
produced
for
City
for
the
purposes
of
this
Agreement.
D.
Contractor's
Insurance.
1. Coverages: Contractor
shall
obtain
and
maintain
during
the
life
of
this
Agreement
all
of
the
following
insurance
coverages:
12 of
20 September 17, 2024, Item #6
(a) Comprehensive General Liability. including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
(Remainder of page intentionally left blank)
13 of 20
September 17, 2024, Item #6
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
14 of 20
To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
ID Construction
1185 Beverly Dr
Vista, CA 92084
(Remainder of page intentionally left blank)
September 17, 2024, Item #6
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 th is 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)
15 of 20
(1 )Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received September 17, 2024, Item #6
any unemployment insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
16 of 20
(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the .
California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
September 17, 2024, Item #6
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 ofthe Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
17 of 20
September 17, 2024, Item #6
GUARANTY
To
the
City
of
Poway,
City
Council,
for:
PUBLIC
FACILITIES
RENOVATION
TENNIS
COURT
FENCING
REPLACEMENT
The
undersigned
guarantees
the
work
included
in
this
project(s).
Should
any
of
the
materials
or
equipment
prove
defective
or
should
the
work
as
a
whole
prove
defective,
due
to
faulty
workmanship,
material
furnished
or
methods
of
installation,
or
should
the
work
or
any
part
thereof
fail
to
operate
properly
as
originally
intended
and
in
accordance
with
the
Plans
and
Specifications,
due
to
any
of
the
above
causes,
all
within
the
number
of
months
the
site
is
to
be
maintained
after
date
on
which
this
Contract
is
accepted
by
the
City,
or
the
date
of
recordation
of
Notice
of
Completion,
whichever
is
the
later,
the
undersigned agrees
to
reimburse
the
City
upon
demand,
for
its
expenses
incurred
in
restoring
said
work
to
the
condition
contemplated
in
said
project,
including
the
cost
of
any
such
equipment
or
materials
replaced
and
the
cost
of
removing
and
replacing
any
other
work
necessary
to
make
such
replacement
or
repairs,
or
upon
demand
by
the
City,
to
replace
any
such
material
and
to
repair
said
work
completely
without
cost
to
the
City
so
that
said
work
will
function
successfully
as
originally
contemplated.
The
City
shall
have
the
unqualified
option
to
make
any
needed
replacements
or
repairs
itself
or
to
have
such
replacements
or
repairs
done
by
the
undersigned.
In
the
event
the
City
elects
to
have
said
work
performed
by
the
undersigned,
the
undersigned
agrees
that
the
repairs
shall
be
made
and
such
materials
as
are
necessary
shall
be
furnished
and
installed
within
a
reasonable
time
after
the
receipt
of
demand
from
the
City.
If
the
undersigned
shall
fail
or
refuse
to
comply
with
his
obligations
under
this
guaranty,
the
City
shall
be
entitled
to
all
cost
and
expenses,
including
attorney's
fees,
reasonably
incurred
by
reason
of
the
said
failure
or
refusal.
Contractor Date
18 of20
September 17, 2024, Item #6
WORKERS'
COMPENSATION
INSURANCE
CERTIFICATE
Pursuant
to
Section
1861
of
the
State
Labor
Code,
each
Contractor
to
whom
a
public
works
Contract
has
been
awarded
shall
sign
the
following
certificate
and
shall
submit
same
to
the
City
of
Poway
prior
to
performing
any
work
on
the
Contract:
"I
am
aware
of
the
provisions
of
Section
3700
of
the
Labor
Code
which
require
every
employer
to
be
insured
against
liability
for
Workers'
Compensation
or
to
undertake
self
insurance
in
accordance
with
the
provisions
of
that
Code,
and
I will
comply
with
such
provisions
before
commencing
the
performance
of
the
work
of
this
Contract."
Contractor
By
:
Title Date
Section
3700
of
the
State
Labor
Code
reads
in
part
as
follows:
"Every
employer
except
the
State
shall
secure
the
payment
of
compensation
in
one
or
more
of
the
following
ways:
(a)
By
being
insured
against
liability
to
pay
compensation
by
one
or
more
insurers
duly
authorized
to
write
compensation
insurance
in
this
state.
(b)
By
securing
from
the
Director
of
Industrial
Relations
a
certificate
of
consent
to
self
insure,
either
as
an
individual
employer,
or
as
one
employer
in
a
group
of
employers,
which
may
be
given
upon
furnishing
proof
satisfactory
to
the
Director
of
Industrial
Relations
of
ability
to
self-insure
and
to
pay
any
compensation
that
may
become
due
to
his
employees."
19 of
20 September 17, 2024, Item #6
ATTACHMENT
1 ,,
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Page
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of
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oupertor
Craftsmanship
...
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Gin
Cf rosl
DUSKOILICH
(760)
685-2929
•
Fax
(760)
630-3825
Job
Name:
Job#:
Add
r )
06 Fax#:
An:llitect
We
hereby
submit
specifications
and
estimates
for:
3 -CftM</1
eoArs
We
propose
hereby
to
furnish
material
and
labor
-complete
In
accoroance
With
the
abOVe
specifications
for
the
sum
of:
$ ______________________________
Dollars
Any
ert.erallons
or
devialioo
1rom
eb<MI
specfflcallons
lnvdving
llll1J'8
CXlSIII
will
be
eMIOJled
orvt
upon
'llritlen
order,
and
'Nil
beocme
ao
extra
charge
CN8f
and
above
1he
estimate.
M
eg~IIOIII
conting"'11
l4XJ'1
lllrlule,
accidenlB
, or
delays
be)'Qrld
caz
conlrol
.
Noell
-tlia
Acttptanu
uf
Jropusal
The
above
prices,
specifications
and
conditions
are
sali&fadDry
and
are
hereby
__
days
.
accepted
. You
are
authorized
ID
oo
Ille
'MJlk
as
specified
. Paymems
will
be
made
as
Signature
outJinedabove
.
-------------
Date
of
Acceptance
__________
_
Signature
____________
_
20 o
20