Poway City Council
June 3, 2025

June 3, 2025, Item #5
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway
June 3, 2025
Honorable Mayor and Members of the City ~~ncil
Eric Heidemann, Director of Public Works ~ '
Michael Obermiller, Public Works Operations Mana~
(858) 668-4722 or [email protected] ~

CITY COUNCIL
Award of Agreement to Dudek for Environmental and Biological Fieldwork for Stormwater Maintenance Programs; RFP No. 25-015
A request for proposal (RFP) for Environmental and Biological Fieldwork for Stormwater Maintenance Programs was duly advertised on April 17 and April 24, 2025. One (1) proposal was received and opened on May 1, 2025. Staff reviewed the proposal submitted and determined Dudek to be responsive and qualified to provide these services. The length of this Agreement shall be two (2) years beginning on August 1, 2025, through July 31, 2027. The Agreement may be extended through a total of three (3) separate one-year terms.

Recommended Action:

It is recommended City Council award the Agreement for Environmental and Biological Fieldwork for Stormwater Maintenance Programs, RFP No. 25-015, to Dudek and authorize the City Manager to execute the necessary documents.

Discussion:

Biological fieldwork services are a state/federal mandated component of the City's ongoing, permitted·· maintenance program for concrete and earthen drainage channels. Each year the City conducts maintenance on 45 sections of City-owned concrete channels totaling approximately 7.1 miles, and 26 sections of earthen channels covering about 25 acres. The purpose of this annual maintenance is to ensure adequate flood conveyance during peak winter storm flows by removing invasive plant species, sediment, debris, and trash from the drainage systems ahead of the rainy season. Biological fieldwork is required prior to the start of maintenance activities to ensure compliance with regulatory permit conditions. Environmental and biological fieldwork related to stormwater is subject to various federal, state, and local permitting requirements to ensure compliance with environmental regulations. These permits are designed to protect water quality, sensitive habitats, and species that may be impacted by the work. These activities are authorized through permits issued by the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, and the State Regional Water Quality 1 of27
June 3, 2025, Item #5
Control Board. In support of the City's channel maintenance program, Dudek will review regulatory agency permits, conduct environmental surveys (e.g., bird surveys), implement mitigation activities and submit post activity report and findings. In addition to their channel maintenance support, Dudek specializes in resource analysis, survey and reporting, permitting, construction support and general coordination services with experience in biological resources and wetlands/water quality, which can also assist in the City's urban forestry management program.

The City issued a notice inviting proposals for environmental and biological fieldwork for stormwater maintenance programs on April 17 and April 24, 2025, and proactively contacted companies to encourage submissions. One (1) proposal was received and opened on May 1, 2025. Evaluation criteria included the firm's experience, capacity to perform, and proposed cost. After reviewing the proposal, City staff determined Dudek to be qualified to provide environmental and biological fieldwork for stormwater maintenance programs to the City. The City has maintained an agreement with Dudek for the past 10 years and is satisfied with the quality of their services. The annual cost is outlined in Table 1 below.

Table 1:

Annual Cost
~J,i,i!Mi¼~ Dudek $1~130
The length of the initial Agreement shall be for two (2) years beginning August 1, 2025, through July 31, 2027. The Agreement may be extended subject to City Council appropriation of funds through a total of three (3) separate one-year terms. The maximum length of the Agreement would be up to five (5) years.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA).

Fiscal Impact:

To cover this unfunded mandate, sufficient funds for as-needed Environmental and Biological Fieldwork Services are being included in the Stormwater and Flood Control Division's proposed Fiscal Year 2025-26 budget to be considered on June 17, 2025. Amounts for subsequent fiscal years will be included in the annual budget process for Council's consideration.

Public Notification:

None.

Attachments:

A. Standard Agreement
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June 3, 2025, Item #5
Reviewed/Approved By:

Assistant City Manager
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Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chr~
City Manager
June 3, 2025, Item #5
City
of
Poway

STANDARD

AGREEMENT
FOR

SERVICES
This
Agreement,
entered
into
this
1st
day
of
August
2025,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
Dudek
(hereinafter
referred
to
as
"Consultant").

RECITALS

WHEREAS,
City
desires
to
obtain
the
services
for
Environmental
and
Biological
Fieldwork
for
Stormwater
Maintenance
Programs
around
the
City;

WHEREAS,
Consultant
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
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
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
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ATTACHMENT
A
June 3, 2025, Item #5
by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice.

5. Confidential Relationship.

City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement 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. 5 of27
June 3, 2025, Item #5

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 interest's 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. "Consultant" 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.

June 3, 2025, Item #5
DISCLOSURE DETERMINATION:
~ 1. Consultant 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 will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.

Department Director

10. No Assignments.

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

11. Maintenance of Records.

Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the 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 Consultant.

At all times during the term of this Agreement, Consultant shall be an independent consultant 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.
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June 3, 2025, Item #5

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-Contractors 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-Contractors 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. (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.
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June 3, 2025, Item #5
(e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15.
(g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.

16. Assumption of Risk.

Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.

17. Consultant Not an Agent.

Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.

Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

18. Personnel.

Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.

City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect.

Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
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June 3, 2025, Item #5

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.
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June 3, 2025, Item #5

24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.

Consultant hereby certifies that all persons providing services to City by Consultant are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.

Consultant further provides that in the event Consultant assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Consultant hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Consultant to provide services to City has been misclassified.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
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June 3, 2025, Item #5
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

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

Carrie Gallagher, City Clerk
APPROVED AS TO FORM:

By:-----------­
Alan Fenstermacher, City Attorney
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Dudek
By:-------------­
Brock Ortega, Project Manager and
Principal Biologist
June 3, 2025, Item #5
"SPECIAL PROVISIONS"
EXHIBIT "A"
Consultant agrees to perform consulting services as required by City. Consultant shall provide the necessary qualified personnel to perform the services described below.

1. Overview.

The City's Project encompasses 45 sections of concrete channels (approximately 7.1 miles) and 26 identified earthen work sites (approximately 25 acres in total) all within urban creeks and earthen flood control channels in the City of Poway, San Diego County, California. The City's Project activity entails removal of sediment, vegetation, trash and debris from concrete channels and clearing vegetation to improve flood control capacity and eradicating invasive plant species. The action is authorized through permits with the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, and the State Regional Water Quality Control Board. The Project is an ongoing maintenance activity that helps reduce the risk of flooding, promotes water quality, and enhance environmental systems in sensitive areas.

Consultant will not provide Project management services. Consultant will provide general consulting services in support of the aforementioned Project activities. City is responsible for all mapping, GIS work, permitting, coordination, and reporting to regulatory agencies.

2. Task 1.

Permit Review: In order to confirm that City Project activities abide by permits and authorizations, Consultant will review City's permits with the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, State Regional Water Quality Control Board, and City of Poway Habitat Conservation Plan to become familiar with requirements in regard to Project.

3. Task 2.

Recon Survey and Monitoring: Consultant will attend meetings that may be requested or deemed necessary by City to meet the Project goals. Consultant will conduct field surveys at either 45 concrete channels or 26 earthen localities within the City of Poway to assess nesting bird activities, the limits of work, any mitigation responsibilities, and identify exotic plant species for eradication. All annual work shall be on an as-needed basis determined by work needing to be performed and funding. 13 of 27
a. Concrete Channels -To protect nesting birds, no project activities shall occur during nesting season unless nesting bird surveys are completed by a qualified biologist, and no nesting birds are present within 200' radius (500' for threatened and endangered species, and all raptors, including June 3, 2025, Item #5
diurnal and nocturnal species). Bird surveys shall be performed as needed.
b. Earthen Channels -Native vegetation shall be adequately identified by the biologist and communicated to the field Supervisor to prevent its disturbance during -the City's enhancement activities. Consultant will identify willow and other large native trees (trunk diameter 4" dbh [diameter-breast-height]) that would require mitigation if impacted. During the survey, the Consultant's biologist will identify the approximate square footage and location of non-native vegetation and invasive exotic weed species to be eradicated. Consultant biologist will communicate with field Supervisor regarding sensitive native species likely to occur within the Project limits and direct the routes around sensitive habitat areas, including habitat for the coastal California gnatcatcher (Polioptila californica) and San Diego thorn-mint (Acanthomintha ilicifolia). The biological consultant should be familiar with sensitive native species commonly found in riparian areas.

The City's annual Projects are on-going, and the work sites have been previously maintained. Consultant will not flag all individual nesting sites, trees and plants, but will communicate with field Supervisor to avoid impacts to sensitive native species. City has already established the entry points for heavy equipment into the mowing areas. City will map and document the location and quantity of exotics it removes during Project.

The survey is anticipated to take place over multiple days. Consultant will be responsible for presenting data in a timely fashion to City to use in conducting its scheduled channel mowing/flood control activities. The initial pre-maintenance survey work will be documented by Consultant in short memos or e-mails to City.

4. Task 3.

Survey Memos and Monitoring Report: As the Consultant completes each section or group of sections, a brief memo or e-mail shall be provided to City reporting the findings. Generally, the memos will include a description of the resources at each site, the locations of areas with nesting activity, needing mitigation and areas where non-native species removal is being proposed.
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a. Concrete Channel Cleaning -The biological consultant will perform bird nesting surveys as needed and provide a brief memo or e-mail reporting the findings. If a nesting site is identified the consultant will advise and make recommendations. In addition, post work annual reports will be required to be performed.
b. Earthen Channels -The biological consultant will be responsible for review of final maintenance impact data provided by the City of Poway in both map and table format for impacts to native tree species larger than the 4" dbh threshold and the noxious weeds within the project area. In addition, June 3, 2025, Item #5
letter memos describing work activities in progress, general conditions, and any required mitigation measures will be furnished as needed to City.

The final maintenance memo will include a description of the resources at each mowing site, the mitigation needs (if any) at each location, any impacts outside the limits of work, and areas (with acreage summary) where non-native species removal was completed. City will map and document the location and quantity of invasives removed. c. Reports -City prepares annual report to regulatory agencies as required by permits. For example, the California Dept. of Fish and Wildlife requires an annual report detailing maintenance conducted. Consultant will prepare the biological/environmental monitoring section of the report to be drafted and finalized by Consultant with the direct input, collaboration, and approval of the City of Poway, Public Works Department. Consultant will meet City's timeframe for delivery of report section.

5. Task 4.

Client Coordination: Pre-maintenance Nesting Bird Clearance Surveys - The biological consultant will be responsible for conducting pre-maintenance nesting bird surveys, as requested, prior to any work being conducted during the migratory bird nesting season. After surveys are completed, a letter report will be filed with the City describing any work limitations that would be required to avoid damage to nesting bird species found within areas proposed for maintenance activities.

6. Task 5.

As-Needed Services: As-needed services include but are not limited to:
assisting with regulatory work with Army Corps of Engineers, Regional Water Quality Control Board, California Department of Fish and Wildlife, including Nation Wide Permits (NWP) and Regional General Permits (RGP) and Poway's Habitat Conservation Plan (HCP) as it relates to storm water system maintenance, natural channels, and open space maintenance; work in the Wildland Urban Interface (WUI), and urban forestry lands within the boundaries of Poway. These services include but are not limited to preparing environmental documents according to the procedures established by applicable local, state, and federal agencies (i.e., CEQA, NEPA, etc.).

Services include participation in public scoping meetings, resource agency meetings, securing encroachment permits, synthesizing technical environmental and engineering studies, vegetation mapping, technical writing, alternatives analysis, developing summary reports, developing and monitoring mitigation plans and costs, developing defensible findings, preparing documents in compliance with applicable regulatory agency standards, and securing construction and maintenance permits. Services include developing recommendations for project conformance with local, state, and federal standards, avoidance and minimization of impacts, and mitigation measures.

Detailed knowledge of local, state, and federal regulatory policies and document formats as required.
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June 3, 2025, Item #5

7. Unfavorable Maintenance Conditions.

During inclement weather, or other unsuitable maintenance conditions, the Consultant shall confine operations to work that will not be adversely affected. No portion of the work shall be done under conditions that would adversely affect the quality or the efficiency of the work, unless by special means or precaution approved by the City, allowing the Consultant the ability to perform the work in a proper and satisfactory manner.

8. Warranty.

All work performed under this contract will carry a minimum thirty-day warranty on labor and the manufacturer's warranty on material.

9. Compensation and Reimbursement.

City shall pay Consultant a fee in accordance with the Fee Proposals submitted in writing on May 1, 2025, which is included in this document as Attachment

1. 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.

10. Term of Agreement.

This Agreement shall be effective from the period commencing August 1, 2025, and ending July 31, 2027, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year period upon approval in writing of the City Manager and Consultant. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first two years of the agreement, the Consultant's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than August 1, 2027. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
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June 3, 2025, Item #5

11. 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) 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. 17 of 27
June 3, 2025, Item #5

12. Notices.

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
18 of27
To City:

To Consultant:

City of Poway
P.O. Box 789
Poway, CA 92074
Dudek
605 Third Street
Encinitas, CA 92024
(Remainder of page intentionally left blank)
June 3, 2025, Item #5
ATTACHMENT 1
Fee Proposal

FEE PROPOSAL

ANNUAL COST BREAKDOWN BY TASK FOR CONCRETE CHANNEL CLEANING PROGRAM (45 SECTIONS OF CHANNEL)
Estimated hours per task and labor category. Consultant will invoice the City for actual hours expended per task, not to exceed the contract amount. Table shall assume all 45 sections of concrete channels.

Labor Task 1: Task 2: Task 3: Task 4: Total Hours Total Category Permit Recon Monitoring Client Cost
Review Survey Memos Coordination
Project $900
Manager NIA 1 1 1 3 (rune lli.mdr,:d dvlle:~ I
Asst. $630
Project
NIA 1 1 1 3 six: hund,od and
Manager thirty dollars)
Principal
NIA NIA NIA NIA NIA NIA Bioloqist
Restoration
Ecologist NIA NIA NIA NIA NIA NIA
Field $4500
Bioloqist NIA 18 18 NIA 36 four thousand frV«
undred dollars)
GIS $730
Specialist NIA NIA 1 NIA 1 (one hund(ed and
thirtv dollars\
Other:

NIA NIA NIA NIA NIA NIA
Other:

NIA NIA NIA NIA NIA NIA
Other:

NIA NIA NIA NIA N/A NIA
Total Labor NIA 52,760 $2,890 S510 56,160
{h'IO thousand seven two thou;;ant! ~1ah: t:i.:m:lr,~c (live huncred and NIA (six thousand one
hundre,d and sixty md ninety dollar$ ,-,.,, ..1-11--) and sixtv dollars) Other Direct
-,
$200 $200
Costs NIA (two hundred dollars) (two huncred dollars) N/A NIA TOTAL S2,960 S3,090 S510 $7,070
CONTRACT MIA twv lh1usand nu,❖ jlhro:,.,. lhOUSJl"ld und tll;')l;ly (hv<' hundro;d and NIA scv,111 l11ousarnJ and 1un1rl:'d .::niJ $r(ly doaarsJ dvllars) t-=ndollJG) ;-:-v-enlv dol!ai":i) TOTAL CONTRACT IN WORDS:
_S_e_v_e_n_t_ho_u_s_a_n_d_a_n_d_se_v_e_n_ty _______________ DOLLARS AND zero
[Remainder of Page Left Blank Intentionally]
Environmental and Biological Fieldwork for Storm Water ~intenance Programs 19 of27
CENTS
huncred
29 June 3, 2025, Item #5
DUDEI<
ANNUAL
COST

BREAKDOWN
BY
TASK
FOR

EARTHEN

CHANNEL
MOWING

PROGRAM
(26

SECTIONS
OF

CHANNEL)
Estimated
hours
per
task
and
labor
category
. Consultant
will
invoice
the
City
for
actual
hours
expended
per
task,
not
to
exceed
the
contract
amount.

Table
shall
assume
all
26 sections
of
earthen
channel.

Labor
Task
1:

Task
2:

Task
3:

Task
4:

Total
Hours
Total
Category
Permit
Recon
Monitoring
Client
Cost
Review
Survey
Memos
Coordination
Project
$900
Manager
NIA
1 1
1 3
nm
t:" 11un,jr
";'d
.:i(•Uars
Asst.
$630
Project
NIA
1 1
3 (s,
x l1u
nor"d
zn,
j
Manager
1 lh!rl
/
,jt
1ll.:1rs)
Principal Biologist
NIA
NIA
NIA
NIA
NIA
NIA
Restoration Ecologist
NIA
NIA
NIA
NIA
NIA
N/A
Field
$5,
000
Biologist
NIA
20 20
NIA
40 ffr':"
111,:,u~a
nd
d,:;11<'.ir:,
GIS
$1
30 Specialist
NIA
N/A
1 N/A
1 {,:,n,;. hundr
2,j
,~1-irJ
!h
111',
·rf:,ll=-!r..:.

I
Other:

NIA
NIA
NIA
NIA
NIA
NIA
Other
:

NIA
NIA
NIA
NIA
NIA
NIA
Other
:

NIA
NIA N
IA
NIA
NIA
NIA
Total
Labor
$3.010
$3,
140
$510
$6,66
0 NIA
(l
lr':'~
111,:,usi
n;;l t~n
d•:,l/
.ars
;
(111r
•?I':"
1!1c,u$
,:s:nd
,:,no;-
(f1
vo:
1·,u
na
r£-:J
an,:J
NIA
Si
~
lt1(1u;
an
,j
SD
1"11.m
c!r-:-,
J
,-:nd

1.:..,11;1
(IOi
l.£:rs)
lft
1 •:\.:
,!lars
1 1uni:
lr,.~d
.:Jnu
s,q
v
dvl
-
Other
Direct
$20
0 $200
Costs
NIA
{tw
,:, 1·,un,
'Jr':"
1:!
,:J,:,11
-:i<~-l
(tv;,:
, hur,,jr,2.j
,joll,,rs
)
NIA
NIA
NIA
TOTAL
$3
,21
0 $3,34
0 $51
0 $/,060

CONTRACT
NIA
{(hr,;,,:

IIF
•LI
S.i:
:r:d
(\,',.'(1
{\Im?
":"
llWU
S<::nr
J ti-,r-;--:
{riv-:-
t1u
ni:lr-?J
rind
NIA
(<;,s,
·\1':"n
thousZJ
n,j
21:i(l
l1und
r':"1.1
an
d
t,::n
d,:,\lars
j
11undr,~
,j t1n
rJ f,:,r;
y
d,:,1!a~s)
t.;
n
,,oll
ars)
~h.tv dollars
J

TOTAL CONTRACT
IN
WORDS
:
_S_e_v_
e_n_t_h_o_us_a_n_d_a_n_d_s_ix_ty:...._
_______________

DOLLARS
AND
ze
ro
CENTS
--------------------------
[Remainder
of
Page
Left
Blank
Intentionally]
Environmental
and
Biological
Fieldwork
for
Storm
Water
Maintenance
Programs
20 of
27 30
June 3, 2025, Item #5
DUDEI<
Hourly
Service
Rate
Labor
Category
Hourly
Rate
(Examples
of
position
titles.

Actual
positions
and
titles
may
differ
and
must
be
filled
in
by
the
proposer)
Project
Manager/Principal
Biologist
$300
(three
hundred
dollars)
Assistant
Project
ManaqerNVetland
Spec
ialist
$210
(two
hundred
and
ten
dollars)
Restoration
Ecologis
t
$175
(one
hundred
and
seven
ty-five
dollars)
Restoration
Biolog
ist
$235
(two
hundred
and
thirty-five
dollars)
Field
Biologist
$125
(one
hundred
and
twenty-five
dollars)
Field
Biologist
$155
(one
hund
red
and
fifty-
five
dollars)
Field
Biolog
ist
$105
(one
hundred
and
five
dollars)
Field
BioloQist
$105
(one
hundred
and
five
dollars)
GIS
Specialis
t
$130
(one hundred
and
thirty
dollars)

CEQA/NEPA
$300 (three
hundred
dollars)
UAS
$165
(one
hundred
and
sixt
y-five
dollars)
Stormwater
$310
(th
ree
hundred
and
ten
dollars)
Urban
Forestry
$210
(two
hundred
and
ten
dolla
rs)
Habitat
Conservation
Planning
$300
(three
hundred
dollars)
Open
Space
Management
$185
(one
hundred
and
eighty-five
dollars)
Compliance
$195
(one
hundred
and
ninety-five
dollars)
[Remainder
of
Page
Left
Blank
Intentionally]
Envir
onmental
and
Biological
Fieldwo
rk for
Storm
Water
Ma
intenance
Programs
21 of
27 31
June 3, 2025, Item #5
DUDEK
2025
Standard
Schedule
of
Charges
Engineering
Services
Project
Director
....................................
..............
.........
...........
. $345.00/hr
Principal
Engineer
Ill
...........
...............
...
.............
...
.....
.....
........
$320.00/hr
Princi
pal
Engineer
II ............
..........
.....
.......
...
.....
....
.........
.........
5300.
00/hr
Principal
Engineer
1 .........
.....
...
...........
......
.........
.....
.................

S290.00/I1r
Program
Manager
.....................
....................
...
.........
.......
.....
.. $275.00/lir
Senior
Project
Manager
...
.........
....................
....
..........
.........
... $275.00/hr
Project
Manager.
......
................
...
..........
......
...........
.....
.......
...
.. $265.00/hr
Senior
Engineer
111 .........
....
.........
........
...................
....
.....
........
. $260.00/hr
Senior
Engineer

11. .............
..........
......
..............
....
...........
......... $250.00/lir
Senior
Engineer

1.. ........
.....
...
....
......
....
...........
......
...
........
.........
$240.00/hr
Project
Engineer
1\
1/Technician
IV
..........................................
$230.00/hr
Project
Engineer
Ill/Technician
111..
...............
........
..................
$220
.00/hr
Project
Engineer
11/Tecl,nician

11. .......
.......
..........
........
............ $210.00/hr
Project
Engineer
I/Technician

1. .....
.....
............
........................
$190.00/hr
3D
Production
Manager
...............
...
..........
...........
...
......
.........
$220.00/hr
Senior
Designer
II ..........
.......
...........
........................
........
.......
$210.00/hr
Senior
Designer
1 ................
.....................
....
............
...............
$200.00/hr
Designer
....
....
......
...
....
.....
.....
................
....
...............................
$190
.00/hr
Assistant
Designer
.....
....
..........
....
...........
....
...
...
.........
.........
....
$185.00/hr
CADD
Operator
111 ...............
.........
...
............
.............
................
$180.00/hr
CADD
Operator
11 ..........................
...........
......
...........
.........
......
$195
.00/hr
CADD
Operator
1 .......
................
.....
......................
....................
$155
.0
0/li
r
CADD
Drafter
..........
......
.......
...
.....
.....
.....
.......
.....
......
........
...
.....
$175.00/lir
CADD
Technician
...............
......
.....
.........
......
...........
............
....

S 125.00/hr
Project
Coordinator
........................
.......
..................
.............
...
5160.00/hr
Eng
ineering
Assistant
....
....
.........
.......................................
.....
$125.00/hr
Environmental
Services
Senior
Project
Director
.......
...............
.........
............
.......
..........
$350.00/lir
Project
Director
.......
........
...............
...
..........
.......
.........
.......
.....
$300.00/hr
Senior
Specialist
V ....
.....
..............
...
....
....
........
.........
....
...
........
$275.00/hr
Senior
Specialist
IV
....................
............
.....
.......................
.....
$265.00/hr
Senior
Special
ist
Ill
.....
...
......
.............
...
...................................
$250.00/hr
Senior
Special
ist
II ......
......
......
.................
.....
..........
....
......
......
$235.00/hr
Senior
Specialist
1 ....
.......
.........
.......................
............
............
$220
.00/lir
Specialist
V ......
.......
....
.......
...
.........
......................
..........
....
......
$210
.00/hr
Specialist
1\1 ................................
...........
....
........
............
..........
$195
.00/hr
Specialist
lll.
.....................
...
........................
...
.........
......
..........
$185.00/llr
Specialist
11 .......................................
...........
...
...
...
.......
.....
.......
$175.00/hr
Specialist

1...
.......
...
.........
.....
...
...
...........
..........
....
.......
....
..........
$165.0D/hr
Analyst
\1 .............
.......
........
.......
........
..........
.......
.......
.........
......
$155.00/hr
Analyst
IV ..........
..........
......
.......
..........
.......................
...............
$145.00/hr
Analyst
111 ..................................
.......
......
.......
................
...........
$135.00/hr
Analyst
11 ........
....
....
....
........
......
...........
...............................
......
$125
.00/hr
Analyst
l ........
.....
....
......
.....
.....
....
......
...........
...........
.........
....
.....
$105
.00/hr
Technician
IV
.............
...
...
.............
...........
............
.........
..........
$100.00/hr
Technician
111 ...
............
....
...................
.......................................
$90.00/hr
Technician
11 ............................
......
..........................
.................
. $80.00/hr
Technician
1 .................
....
...............
.......
...
..............................
... $70.00/hr
Project
Coordinator
ll ...............
..........
.......
..................................
. $170.00/I1r
Project
Coordinator
1 ...............................
.................
........
......
$135.00/hr
Mapping
and
Surveying
Services
UAS
Pilot
.......
.............
...
.....
.......
.......
.....
..................
................
$165.00/hr
Survey
Lead
....
....
............
.....................
...............
........
....
........
$300.00/hr
Surve1•
Manager
.......
..................
.........
......................
........
....
.. $260.00/hr
Survey
Crew
Cl1ief
..........
..................
.....
............
..........
............
$195.00/hr
Survey
Rod
Person
...........
..........
.................
......
......
.......
.........
$145.00/hr
Survey
Mapping
Technician
...
.....................................
........
... $135.00/hr
Construction
Management
Services
Principal
Manager
.............
...
........
...........
..............
..................
$215.00/hr
Senior
Construction
Manager
........
.........
......
.........................
. $195.00/hr
Senior
Project Manager
............................
............
........
......
....
$190.00
/hr
Construction
Manager
....
.......
..............
.....
.............
....
.............
$185.00/hr
Project
Manager/Construction
Management..
..............
.......
.. $175.00/hr
Resident
Engineer
......
.....
......
....
............
......
.........
..........
........
$175.00/hr
Construction
Engineer
........
...
......
.........................
....
........
...... $175.00/hr
On-site
Owner's
Representative
........
........
......
....
....
....
....
....
$160.00/hr
Prevailing
Wage
Inspector
...
..........
...
....
...............
........
.........
.. $160.00/hr
Construction
Inspector
.........
......
......
...
....................................
$150.00/lir
Administrator/Labor
Compliance
.............................
..............
$125.00/hr
DUDEK
22 of27
Hydrogeology/HazWaste
Services
Project
Director
..................................
.....
...
............
.................
$345.00/hr
Principa
l Hydrogeologist/Engineer
111 ........
....
.......
.........
.........
$3

20.00 /hr
Principal
Hydrogeo
logis
l/
Engineer
11 ..........
.................
........... S310.00/hr
Principal
Hyd
rogeologist;Engineer
1 ........
.................
....
..........
$300.00/hr
Senior
Hydrogeotogist
\I/Engineer
V .............
....
.....................
$275.00/hr
Senior
Hydrogeologist
IV/Engineer
IV
............
....
...
.................
$265.00/hr
Senior
Hyd
rogeologist
Ill/Engineer
111..
.....
......
........
......
......
...
. $255.00/hr
Senior
Hydrogeologist
II/Engineer

11. ....
...........
.....
.....
.............
5245.00
/hr
Senior
Hydrogeologist
I/Engineer

1. .................
.....................
.. $235.00/hr
Project
Hydrogeologis
t \I/Engineer
V .
.....................................
$225.00/hr
Project
Hydrogeologist
IV/Engineer
1\1
................
...
..............
... $215.00/hr
Project
Hydrogeologist
Ill/Engineer
111.
...........
..............
........
.. $205.0D/hr
Project
Hydrogeologist
II/Engineer
11 .........
................
.......
......
$195.00/hr
Project
Hydrogeologist
I/Engineer

1. .......................................
$185.00/hr
Hydrogeologist;Engineering
Assistant
............
...
....................
$150.00/hr
Hazlvlat
Field
Techn
ici
an
....
............
..........
....
.....
...........
...
.....
$135.00/hr
District
Management
&
Operations
District
General
Manager
..................................
.......
......
........
$225.00/hr
District
Engineer
........
...
................
................
.............
........
...
.. $215.00/llr
Operations
Manager
.......
.................
.......
...............
........
...
......
5165.00/hr
Dis
tri
ct
Secretary
/Accountant
..........
.........
......
..............
.....
.... $150
.00/hr
Collections
System
Manager
...........
............
.......
.......
.........
....
$150.00/hr
Grade
V
Operato
r ..........
............
.............
...........
..........
............
$140.00/hr
Grade
IV
Operator
.........
...................
....
.........
....
..........
........
....
5125.00/hr
Grade
Ill
Opera
tor
......
........
........
.......
.......
...
........
....................
$115.00/hr
Grade
II Operator
...............................
..........
.....
.....
....
...............
$95.00/hr
Grade
I Operator
....................................
......
......
...
......
..............
$90.00/hr
Operator
in
Training
.........
....
....
.......
...............
.......
.......
....
.........
$80.00/hr
Collection
Maintenance
Worker
.........
.....
.....
............................
$85
.00
/hr
Project
Delivery
Services
Tecl1nology
Specialist
11 ..............
........
......
....................
...
.......
$245.00/hr
Technology
Specialist

1...
.........
....
............
....
.....
..........
......
......
5190.00/hr
GIS
Analyst
\1 ...........
..............
.......
....
................
.........
..............
$220.00/hr
GIS
Analyst
IV
.......
................
...........
..............
.........
......
...........
$200.00/hr
GIS
Analyst
111 ...
....................................................................... $185.00/hr
GIS
Analyst
11 ......
............
...................
..........
............
....
............

S145.00/hr
GIS
Analyst

1..
....................
...
...................................................
$130.00/hr
Creative
Services
IV
......
.....
........
.............................................
$185.00/hr
Creative
Services
Ill
........
.......
.......
...........
...
......
......
........
........
$160.00/llr
Creative
Services
11 .....................
...
...............
....
..........
......
......
$145.00/hr
Creative
Services
1 ...........
......................
............
......
..............
. $130.00/llr
Technical
Editor
IV
.................
...
.............
....
.......
......................
$185.00/hr
Technical
Editor
111
........
.............
..........
...........
.....
...................
$160.00/hr
Technical
Editor
11 ...................................
.........
......
.................
$145.00/hr
Technical
Editor
1 ......................
.....
...
......................................
$130.00/hr
Publications
Specialist
IV
.........
............
.....
.....
.....................
... S135.00/hr
Publications
Specialist
111 ..........
.....
...............................
..........
$125.00/hr
Publications
Specialist
11 ...........
...
...........
................
........
....
....
$115.00/hr
Publications
Specialist
1 ....
......
.........
.......
......
..........
....
......
.....
$105.00/hr
Clerical
Administration
.................
......
..............
.......................
$100.00/hr
Exp
ert
Witness
-Court
app
earances.
dcposil
ions.
and
interrogatories
as
expert
witness
will
be
billed
at 2.00
times
normal
rates.

Emerg
enqa
nd
Holi
da~
·s
-
Minimum
charge
of
two
hours w
ill
be
billed
at

1.75 times
the
normal
rate.

Material
and
Outs
ide
Services
-
Subcontractors.
rcntQI
of
specia
l equipment.
special
reproduction
s
and
blueprinting.
outside
data
processing
ant.1
computer
services.
etc
..
are
charged
at

1.15 times
tti
e
cJircc
! cos
t.

Travel
Expens
es
-Mileage
nt
current
IRS
allowable
rates.

Per
diem
wt1e
rc overnight
stay
is
involved
is
charged
a1
cost
Invoice
s,
Late
Charges
-
All
fce-s
\':ill
be
billed
to
Cli
ent
montl1l
y
and
shall
be
due
'and
pn~
1ablc
t1pon
receipt.

In
voices
are
del
inquent
ir
not
na
id
witt1in
30 day
s
from
the
date
of
the
invoice.

Client
agrees
to
pay
interest
at
a
10 1:. annual
rate
for
amoL1nts
unpaid
greate
r than
30 dars
after
the
date
or
the
invoice.

Ann
ua
l ln
cr
caws
-Unless
ident
1f1ed
other
wi
se.
these
standard
rates
wi
ll increas
e
in
line
with
t11e
CPl·U
for
;.h
e
nea
rest
urban
area
per thi:!
Oap
anm
ent
or
Labor
Statistics
to
where
the
work
1s
being
comp
leted
) or
lly
3 1::. annua
lly.
whichever
is
higher.

Prevailing
Wt1gc
-
Tl1e
rotes
listed
abov
e
assume
prevailing
wage
rates
do
not
uppl~
·. If
this
vssumpt
io
n
1s
incorrect
Dudek
reserv
es tile
right
to
adjust
its
rate
s .iccorclingl
y.

EFFECTIVE

JANUARY
1,
2025
Updated
March
6,
2025
June 3, 2025, Item #5
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous> Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act o/2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
23 of 27
(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 June 3, 2025, Item #5
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:
24 of27
(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 June 3, 2025, Item #5
days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)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).
25 of27
June 3, 2025, Item #5

GUARANTY
To the City of Poway, City Council, for:

ENVIRONMENTAL AND BIOLOGICAL FIELDWORK FOR STORM WATER

MAINTENANCE PROGRAMS
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.

Consultant
Date
26 of 27
June 3, 2025, Item #5

WORKERS'

COMPENSATION

INSURANCE

CERTIFICATE
Pursuant
to
Section
1861
of
the
State
Labor
Code,
each
Consultant
to
whom
a
public
works
Contract
has
been
awarded
shall
sign
the
following
certificate
and
shall
submit
same
to
the
City
of
Poway
prior
to
performing
any
work
on
the
Contract:
"I
am
aware
of
the
provisions
of
Section
3700
of
the
Labor
Code
which
require
every
employer
to
be
insured
against
liability
for
Workers'
Compensation
or
to
undertake
self­
insurance
in
accordance
with
the
provisions
of
that
Code,
and
I will
comply
with
such
provisions
before
commencing
the
performance
of
the
work
of
this
Contract."
Consultant
By
Title Date
Section
3700
of
the
State
Labor
Code
reads
in
part
as
follows:
"Every
employer
except
the
State
shall
secure
the
payment
of
compensation
in
one
or
more
of
the
following
ways:
(a)
By
being
insured
against
liability
to
pay
compensation
by
one
or
more
insurers
duly
authorized
to
write
compensation
insurance
in
this
state.
(b)
By
securing
from
the
Director
of
Industrial
Relations
a
certificate
of
consent
to
self-insure,
either
as
an
individual
employer,
or
as
one
employer
in
a
group
of
employers,
which
may
be
given
upon
furnishing
proof
satisfactory
to
the
Director
of
Industrial
Relations
of
ability
to
self-insure
and
to
pay
any
compensation
that
may
become
due
to
his
employees."
27 of
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