Poway City Council
August 5, 2025

DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPO RT City of Poway
August 5, 2025
Honorable Mayor and Members of the City Co1>il
Eric Heidemann, Director of Public Works 4
Danielle McIntosh, Senior Management AnalysK~
(858) 668-4729 or [email protected] 'cJ ·

CITY COUNCIL
Hazardous Mitigation Grant Program Updates: Funding Acceptance and Award of Contracts for Hazardous Tree Removal Services
The Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP), administered by California Governor's Office of Emergency Services (Cal OES) through Presidential Disaster Declaration DR-4382, provides 75/25 cost-share grants to help local governments reduce long-term hazard risks. Grantees are required to fund 25 percent of project costs. In March 2019, the City Council adopted Resolution 19-016 approving an HMGP application for hazardous tree removal along Twin Peaks Road, Espola Road, and within Green Valley open space to mitigate fire hazard, protect structures and reduce fuel load making emergency evacuation routes safer for residents in the event of a wildfire. In November 2020, FEMA approved Phase 1 of DR-4382-199-12, the City's Hazardous Mitigation Project (Twin Peaks, Espola and Green Valley HMGP). In May 2021, Council adopted Resolution 21 -021 to accept up to $1,901,866 (the anticipated FEMA total project award at the time) in HMGP funds and appropriate matching funds. Phase 1 awards totaled $183,875 to Hazard Mitigation Program Project MSC009. Phase 1 was completed in April 2022. In February 2025, FEMA approved funding for Phase 2. Due to additional FEMA funds being made available and released to the City, the Phase 2 awarded funds exceeded amounts previously presented to the City Council.

A Request for Proposals (RFP) for Hazardous Tree Removal Services was duly advertised on June 19 and June 26, 2025, in compliance with federal procurement regulations, 2 CFR §200, for contracts over $250,000 requiring a formal procurement method. An RFP was used to allow for evaluation based on qualifications, technical approach, and safety measures, in addition to cost. A mandatory project site walk was conducted on June 27, 2025. Seven (7) proposals were received and opened on July 10, 2025.

Staff reviewed the proposals submitted and determined West Coast Arborists, Inc. to be responsive and qualified to provide these services. The length of this Agreement shall be two (2) years beginning on August 6, 2025, through August 5, 2027.

Additionally, in June 2022, the City applied for a second FEMA grant under the Stafford Act through the Pre-Disaster Mitigation (PDM) program to support further wildfire mitigation. The proposed project includes strategic hazardous tree removal for fuel load reduction, defensible space, and fuel breaks along a designated portion of Camino del Norte within Poway city limits. A matching fund commitment of $64,125 is required. In November 2024, Cal OES notified the City that FEMA approved 1 of64
August 5, 2025, Item #8
PDM Project 22-0001-PJ0003 (Camino del Norte HMGP) and released funds in the amount of $187,500 for the City's Camino del Norte HMGP project.

A Request for Quotes (RFQ) for Hazardous Tree Removal was distributed on June 5, 2025, via email to all applicable contractors registered on the City's California Uniform Public Construction Cost Accounting Act (CUPCCAA) list. This procurement falls within the Simplified Acquisition Threshold (currently $250,000) established under 2 CFR §200, which permits the use of informal procurement methods. In accordance with these federal requirements and to ensure fair competition, a request for quotes was issued to obtain pricing from an adequate number of qualified sources. Three (3) quotes were received and reviewed on June 20, 2025. Evaluation criteria included both the contractor's capacity to perform and the proposed cost. After reviewing the submissions, staff determined that West Coast Arborists Inc. was responsive and qualified to provide the required services. The term of the Agreement will be two (2) years, beginning on August 6, 2025, and ending on August 5, 2027.

Recommended Action:

It is recommended the City Council:
1) Adopt a Resolution authorizing the City Manager or designee to execute necessary documents with FEMNCal OES to accept and expend DR-4382-199-12 Phase 2 FEMA HMGP federal and local share funding in the amount of $2,442,801; reaffirm authority for the Finance Director or designee to appropriate the $1,832,100.75 of FEMA share funds; appropriate $610,700.25 to meet the local 25 percent match requirement; and accept additional award for grant management costs in the amount of $94,320.80 from the Unassigned General Fund, Fund Balance (F1000) to MS009 for the Twin Peaks, Espola, and Green Valley HMGP;
2) Award the Agreement for Hazardous Tree Removal Services for Twin Peaks, Espola, and Green Valley HMGP to West Coast Arborist, Inc. in an amount not to exceed $2,500,000; 3) Adopt a Resolution authorizing the City Manager or designee to execute necessary documents with FEMNCal OES to accept and expend PDM 22-0001-PJ0003 Camino del Norte HMGP funding in the amount of $187,500 of FEMA share funds; authorize the Finance Director or designee to set up a Project Account (MS014) to appropriate the $187,500 FEMA share funds; and appropriate $64,125 to meet the local 25 percent match from the Unassigned General Fund, Fund Balance (F1000) to MS014 for the Camino del Norte HMGP; and
4) Award the Agreement for Hazardous Tree Removal Services for Camino del Norte HMGP to West Coast Arborist, Inc. in an amount not to exceed $200,000.

Discussion:

Wildfire is a significant hazard in the Poway area, with major fires impacting residents in 2003 and 2007. In 2003, fueled by Santa Ana winds, the Cedar Fire swept through Poway, destroying 53 homes.

Later, in 2007, the Witch Creek Fire burned 7,247 acres, led to the evacuation of over 7,000 residents, and destroyed 90 homes. The proposed HMGPs are crucial to mitigating the threat offuture wildfires along major evacuation routes. FEMA's HMGP funds enable the City to recover costs associated with completing hazard mitigation projects and receive reimbursement from FEMA through Cal OES. These are cost-share grants, with 75% of the funding provided by the federal government and a required 25% contribution from local sources.

Twin Peaks. Espola. and Green Valley HMGP
The Twin Peaks, Espola, and Green Valley HMGP project scope includes the strategic removal of approximately 2,500 hazardous trees along Twin Peaks Road (between Pomerado Road and Midland Road), Espola Road (between Valle Verde Road and Titan Way), and within the Green Valley open space 2 of64
August 5, 2025, Item #8
areas. The project's objective is to reduce fire intensity, creating defensible space and fuel breaks to protect civilians and public safety vehicles along these corridors .

Twin Peaks Project Areas:

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Phase 1 FEMA funds were awarded and accepted by City Council in May 2021. Council approved total project funding not to exceed $1,901,866 (the anticipated FEMA total project award at the time) and authorized the grant required 25 percent local match requirement. Phase 1 deliverables including a 3 of64
August 5, 2025, Item #8
comprehensive tree inventory/assessment completed by certified arborists, surveys, title searches, environmental permitting, and resident outreach were submitted to Cal OES in April 2022. During Phase 1, in October 2021, the City was notified that additional DR-4382 funds had become available.

In response, the City requested these funds to increase the number of trees to be removed within the Twin Peaks Road and Espola Road project areas. The request was approved, and the additional funds were included in subsequent total award for Phase 2. Between phase approvals, FEMA conducted an Environmental and Historic Preservation (EHP) cultural site visit and released a Biological Assessment in 2023. In 2024, FEMA issued a Supplemental Environmental Assessment, the City responded to FEMA's project related Requests for Information (RFls) and a FEMA Public Notice was published locally to which no public comments were received.

In February 2025, FEMA awarded Phase 2 federal share funding in the amount of $1,832,100.75 (75 percent) through Cal OES. The City's local matching share is $610,700.25 (25 percent). FEMA also awarded $94,320.80 for grant management costs, which do not require a local match. The total Phase 2 project cost is $2,537,121.00. Including Phase 1 funds of $183,875.00, the total project cost for the Twin Peaks, Espola, and Green Valley HMGP is $2,720,996.80.

Grant Subaward Funds for Twin Peaks, Espola and Green Valley HMGP Date of FEMA Project Federal Share Local Match Share SR Management Costs Approval: Phase: (75 percent): (25 percent): (no match requirement): Total:

Nov. 3 2020 Phase 1 $137,906.25 $45,968.75 N/A $183,875.00 Feb.3,2025 Phase 2 $1,832,100.75 $610,700.25 $94,320.80 $2,537,121.80 Total HMGP Totals: $1,970,007.00 $656,669.00 $94,320.80 $2,720,996.80 Camino del Norte HMGP
In June 2022, the City of Poway applied for a congressional state grant under the Stafford Act through FEMA's Pre-Disaster Mitigation (PDM) program. The Camino del Norte HMGP scope includes removing approximately 170 hazardous, non-native, or invasive trees and trimming approximately 200 trees along Camino del Norte between Poway's western city boundary and Pomerado Road. The objective is to reduce fuel loads and create defensible space and fuel breaks to protect homes and support safe evacuation routes.

Camino Del Norte Project Area
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August 5, 2025, Item #8
In November 2024, Cal OES notified the City that FEMA had released $187,500.00 (75 percent) for the Camino del Norte HMGP, following a Cultural Resources Site Visit and completion of the required EHP review. The City's local match share is $64,125.00 (25 percent), bringing the total project cost to $251,625.00.

Grant Subaward Funds for Camino del Norte HMGP
Date of FEMA Federal Share Local Match (25 SR Management Costs (no Total: Approval: (75 percent): percent): match requirement):

Nov. 9, 2024 $187,500.00 $64,125.00 NIA $251,625.00
When hazardous tree removal work begins in the fall of 2025, the City will implement a comprehensive communication strategy to ensure residents are informed and engaged throughout the process. The project is scheduled for completion by the end of 2026. Written notifications will be provided to households that have submitted right-of-entry agreements, outlining the scope of work, anticipated schedule, and other pertinent details. Additionally, updates on project progress and scheduling will be shared regularly with the City Council and posted on the City's Hazardous Tree Removal Mitigation Grant web page (https://poway.org/1065/Hazardous-Tree-Removal-Mitigation-Grant) . This approach promotes transparency, helps residents prepare for temporary disruptions, and supports the broader goals of community safety and resilience.

Staff requests City Council authorize acceptance of HMGP awards, allocate funds for the City's HMGP projects, authorize the Finance Director or designee to appropriate the federal and local match share funds to Project MS009 (Twin Peaks, Espola and Green Valley HMGP) and Project MS014 (Camino del Norte HMGP); and authorize the award of contracts to qualified vendors for tree removal services for the specified project purposes.

Environmental Review:

A California Environmental Quality Act (CEQA) Notice of Exemption has been filed with the County of San Diego for each HMGP.

Fiscal Impact:

The noted action reaffirms previous authority granted to the Finance Director or designee to appropriate and transfer the federal and local match shares for the Twin Peaks, Espola, and Green Valley HMGP Phase 2 FEMA award, which includes the federal share to be reimbursed to the City of $1,832,100.75 (75 percent), the City's local match of $610,700.25 (25 percent), and a supplemental grant management allocation of $94,320, which does not require a local match. The total Phase 2 project cost is $2,537,121.80. An appropriation and transfer from the General Fund Unassigned Fund balance (F1000) to the Hazard Mitigation Program project account MS009, in the amount of $2,537,121.80, will occur following approval. This transfer and appropriation had previously been approved by the City Council through action at the May 4, 2021, Regular City Council meeting, Item 7 as noted below:

May 4, 2021 Agenda Item 7, Approved Action, "Staff also requests Council authorize the Finance Director or designee to appropriate and transfer the remaining HMGP federal and local shares to the Hazard Mitigation Program Project account as subsequent phases are approved by FEMA" Additionally, authorize the Finance Director or designee to appropriate and transfer the federal and local match shares for the Camino del Norte HMGP FEMA award, which includes the federal share to 5 of 64
August 5, 2025, Item #8
be reimbursed to the City of $187,500 (75 percent) and the City's local match of $64,125 (25 percent).

The total project cost is $251,625. An appropriation and transfer from the General Fund Unassigned Fund balance to the Hazard Mitigation Program project account MS014, in the amount of $251,625, will occur following approval.

These federal share funds will be initially covered by the General Fund until reimbursement is received from FEMA. Sufficient funds are available to fulfill this request.

Public Notification:

None.

Attachments:

A. Resolution
B. Notification of Phase 2 Approval, H MGP DR-4382-199-12 C. Notification of Approval, PDM 22-0001-PJ0003
D. Standard Agreement, Tree Removal Services for HMGP DR-4382-199-12 E. Standard Agreement, Tree Removal Service for PDM 22-0001-PJ0003 Reviewed/Approved By:

Wendy Kaserman
Assistant City Manager
6 of64
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Ch~
City Manager
August 5, 2025, Item #8
RESOLUTION NO. 25-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, AUTHORIZING ACCEPTANCE OF

HAZARD MITIGATION GRANT PROGRAM (HMGP) FUNDING
FOR PHASE 2 OF PROJECT DR-4382-199-12 AND PROJECT
PDM 22-0001-PJ0003 FROM THE FEDERAL EMERGENCY

MANAGEMENT AGENCY (FEMA), AND AUTHORIZING

RELATED APPROPRIATIONS AND EXECUTION OF REQUIRED

DOCUMENTS
WHEREAS, the Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grant Program (HMGP) authorized under Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and under Presidential Disaster Declaration DR-4382, provides funding to state and local governments to implement long-term hazard mitigation measures to reduce the loss of life and property due to natural disasters; WHEREAS, the Pre-Disaster Mitigation (PDM) program is also administered under FEMA's Hazard Mitigation Grant Program;
WHEREAS , in the State of California, the HMGP and PDM programs are administered by the California Governor's Office of Emergency Services (Cal OES); WHEREAS, the City of Poway is undertaking HMGP projects to reduce wildfire risk through fuel reduction, removal of high-risk vegetation, and creation of defensible space; WHEREAS, on November 3, 2020, and November 9, 2020, FEMA and Cal OES, respectively, approved Phase 1 of Project DR-4382-199-12, awarding grant funding in the amount of $137,906.25, with a required local match of $45,968.75; WHEREAS, on May 4, 2021, the City Council accepted Phase 1 grant funding for Project DR-4382-199-12, established Project No. MSC0009 (Hazard Mitigation Program), and authorized appropriations and future transfers from the General Fund Unassigned Fund Balance in an amount not to exceed $1 ,901,866;
WHEREAS, in October 2021, the City submitted all required Phase 1 deliverables for Project DR-4382-199-12 to FEMA via Cal OES;
WHEREAS , on February 3, 2025, and February 25, 2025, FEMA and Cal OES, respectively, approved Phase 2 of Project DR-4382-199-12, awarding grant funding in the amount of $1,832,100.75, with a required local match of $610,700.25, and an additional $94,320.80 in grant management costs (no match required);
WHEREAS, on October 17, 2024, and November 9, 2024, FEMA and Cal OES, respectively, approved Project PDM 22-0001-PJ0003, awarding grant funding in the amount of $187,500.00, with a required local match of $64,125.00; WHEREAS, the total cost of Project DR-4382-199-12 (Phases 1 and 2) is estimated to be $2,720,996.80, including $1 ,970,007.00 in federal funding, $656,669.00 in local match funding, and $94,320.80 in grant management costs; and
7of64 ATTACHMENT A
August 5, 2025, Item #8
Resolution No. 25-

WHEREAS, the total cost of Project PDM 22-0001-PJ0003 is estimated to be $251,625.00, including $187,500.00 in federal funding and $64,125.00 in local match funding.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:

SECTION 1: The City Council hereby accepts and authorizes the expenditure of FEMA HMGP funding for Project DR-4382-199-12 Phase 2 in the amount of $2,537,121.80, consisting of $1,832,100.75 in federal share, $610,700.25 in local match, and $94,320.80 in grant management costs and authorize the City Manager, or designee, to execute all documents required by FEMA and Cal OES to meet grant requirements and complete the project.

SECTION 2: The City Council hereby accepts and authorizes the expenditure of FEMA HMGP funding for Project PDM 22-0001-PJ0003 in the amount of $251,625.00, consisting of $187,500.00 in federal share and $64,125.00 in local match. The City Manager, or designee, is authorized to execute all documents required by FEMA and Cal OES to meet grant requirements and complete the project.

SECTION 3: The City Council authorizes the Finance Director, or designee, to appropriate and transfer funds from the General Fund Unassigned Fund Balance to Project No.

MS009 (Hazard Mitigation Program - DR-4382-199-12) in the amount of $2,537,121.80 for completion of Phase 2.

SECTION 4: The City Council authorizes the Finance Director, or designee, to establish Project No. MS014 (Hazard Mitigation Program - Camino del Norte) and appropriate and transfer funds from the General Fund Unassigned Fund Balance in the amount of $251,625.00 for completion of Project PDM 22-0001-PJ0003.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 5th day of August, 2025 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
8 of 64
August 5, 2025, Item #8
U.S. Department of Homeland Security
FEMA Region 9
1111 Broadway, Suite 1200
~ Oakland, CA 94607
(- ~FEMA
I ~
February 3 ,2025
Robyn Fennig
Assistant Director Hazard Mitigation
Governor's Authorized Representative
California Governor's Office of Emergency Services
3650 Schriever A venue
Mather, CA 95655
Reference: Phase 2 Application Approval, HMGP DR-4382-199-12 City of Poway
Poway, City of, Hazardous Tree Removal Project, Phase 2 PIPS Code: 073-58520 , Supplement 98
Dear Robyn Fennig:

We approve and issue Hazard Mitigation Grant Program (HMGP) funds for the City of Poway, HMGP DR-4382-199-12, Poway, City of, Hazardous Tree Removal Project, Phase 2.

The total project cost for phase two is $2,442,801.00. As shown in the enclosed January 22, 2025, Obligation Report - Supplement 98, we are obligating $1,832,100.75 for the 75 percent Federal share; the 25 percent non-Federal share is $610,700.25. We are obligating $85,127.05 for the 100% Federal share Subrecipient Management Costs. These funds are available in SmartLink for immediate and eligible disbursements. The following is a summary of the approved funding:

Project Phase: Federal Share: Non-Federal Share: Total Project Cost:

Phase 1, Supplement 28 $137,906.25 $45,968.75 $183,875.00.

Phase 1 SRMC $9,193.75 $0.00 $9,193.75
Phase 2, Supplement 98 $1,832,100.75 $610,700.25 $2,442,801.00 Phase 2 SRMC $85,127.05 $0.00 $85,127.05
TOTALS $2,064,327.80 $656,669.00 $2,720,996.80
This HMGP project approval and obligation of funds are subject to the following conditions:

1. Scope of Work (SOW)-the City of Poway will remove and thin hazardous trees and vegetation along the rights-of-way (ROWs) of Twin Peaks Road and West Espola Road, as well as within the 20.88-acre Green Valley Open Space Area in San Diego County, California

2. Project Completion Date - The work schedule included with the project application indicates that the project will take 21 months to complete; however, we can only approve a project up to www. lCma.gov
9 of64 ATTACHMENT B
August 5, 2025, Item #8
Robyn Fennig
February 3, 2025

the approved disaster period of performance (POP). Therefore, the project completion date is January 9, 2026. Please inform the sub-recipient that work completed after the disaster period of performance (POP) is not eligible for federal funding, and that federal funds may be de-obligated for work completed outside the POP when there is no approved time extension.

3. Project Closeout - Within 90 days of the award period of performance's expiration, all project funds must be liquidated and final closeout documentation for the project must be submitted to FEMA. Please note the project must comply with Code of Federal Regulations Title 2, Part 200 reporting requirements at the time of closeout.

4. Record of Environmental Consideration (REC) -A Supplemental Environmental Assessment (SEA) for the proposed action was prepared and made available to the public as a Draft SEA in the Poway News Chieftain and on FEMA's and the City of Poway websites on August 8, 2024.

No comments were received by FEMA or the City of Poway during the 30-day comment period.

The Draft SEA was finalized and a Finding of No Significant Impact (FONSI) was signed on December 12, 2024. Please reference the enclosed REC for further information.

5. Standard Conditions - This project approval is subject to the enclosed Standard Mitigation Grant Program (HMGP) Conditions, amended August 2018. Please note that federal funds may be de-obligated for work that does not comply with these conditions.

In addition to the Standard HMGP Conditions, the following special conditions must be met during the implementation of the project:
• The Sub applicant must coordinate with the local floodplain administrator and obtain any required permits prior to initiating work. Coordination correspondence with the Floodplain administrator, including any required permits, and implementation documentation to any permit conditions need to be forwarded to the State and FEMA for inclusion in the permanent project files.
• The Sub applicant is responsible for complying with all applicable subparts of the Clean Air Act.
• This project may impact Waters of the U.S., and the Sub applicant is required to contact the USACE to determine whether project activities require a USACE permit under Section 404 of the Clean Water Act (CWA
• The Sub applicant must return the completed Post-construction Notification Reporting Form to [email protected] and the U.S. Fish and Wildlife Service (USFWS) within 45 days of project completion.
• The Sub applicant is responsible for implementing all conditions described in consultation letters between FEMA and the State Historic Preservation Officer (SHPO): Archeological and Tribal monitors will observe project activities and resource PLI-1 will be recorded in detail once vegetation is removed to determine whether it is a distinct resource or an extension of P-37-007858.
10 of 64
August 5, 2025, Item #8
Robyn Fennig
February 3, 2025

• The Sub applicant is responsible for implementing best management practices (BMPs) appropriate for this scope of work. A list of Typical Best Management Practices from the Region 9 Programmatic Environmental Assessment is attached. Additional BMPs are listed in the SEA and FONSI. Any changes to this scope of work must be resubmitted to FEMA for review prior to initiation of any work.

Particular attention should be given to the project conditions before and during project implementation. Failure to comply with these conditions may jeopardize federal assistance, including funding. Documentation confirming compliance, including copies of any permits/authorizations, or consultation documentation must be included with the delivery of final closeout request submitted to FEMA.

If you have any questions please contact Aaron Lim, Hazard Mitigation Assistance Specialist by email at [email protected] or phone at (510) 627-7036.

Enclosures (3):

Obligation Report - Supplement 98
Sincerely,

KATHRYN J LIPIECKI
Kathryn Lipiecki
Director, Mitigation Division
FEMA Region 9
Record of Environmental Consideration (REC)
Standard Mitigation Grant (HMGP) Conditions
Digitally signed by KATHRYN J

LIPIECKI
Date: 2025.02.03 17:45:53 -08'00'
CC: Melissa Boudrye: Resilience Branch Chief, California Governor's Office of Emergency Services
Concepcion Chavez: Technical Assistance Division Chief, California Governor's Office of Emergency Services
Ron Miller: Hazard Mitigation Assistance Branch Chief, California Governor's Office of Emergency Services
Joe Purvis: HM Grants Division Chief, California Governor's Office of Emergency Services
Ryan Massella: HM Quality Assurance Division Chief, California Governor's Office of Emergency Services
Robert McCord, Chief, Hazard Mitigation Assistance Branch, FEMA Region 9 11 of 64
August 5, 2025, Item #8

GA VIN NEWSOM

GOVERNOR
November 9, 2024
Chris Hazeltine
City Manager
Poway, City of
13325 Civic Center Drive
Poway, CA 92064
Subject: Notification of Subapplication Approval
FY22 Legislative Pre-Disaster Mitigation Grant Program
Grant #2022-0001, Project # P J0003, FIPS #073-58520
Dear Mr. Hazeltine:

The California Governor's Office of Emergency Services (Cal OES) received notification that the Federal Emergency Management Agency (FEMA) has approved your organization's subaward application in the amount of $187,500.00. A copy of the FEMA award package is enclosed for your records.

NANCY WARD

DIRECTOR
In order to receive payment as a grant subrecipient, your organization must have the following on file with the Recovery Financial Processing Unit:
• A valid, current (approved within the last 3 years) Governing Body Resolution
• A Project Assurances for Federal Assistance agreement • A Grant Subaward Face Sheet (GSAFS). Please ensure that the individual who signs the GSAFS is designated by the Governing Body Resolution as an Authorized Agent for your organization.
• A current Federal Funding Accountability and Transparency Act (FFATA) Financial Disclosure form. This form must be submitted each calendar year. • An active registration with the federal System for Award Management (SAM) website. The registration must remain active for the duration of this grant subaward.

For your convenience, this subapplication approval package includes the required post-obligation documents as well as guides to completing and renewing a SAM registration. Please complete the documents and mail copies to the address listed at the end of this letter, keeping the originals with your records.

Alternatively, you may scan and email the completed documents to the Recovery Financial Processing Unit at [email protected].

Electronic copies of the post-obligation documents can also be requested at the same address.
3650 SCHRIEVER AVENUE • MATHER, CA 95655

RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110

ATTACHMENT C
August 5, 2025, Item #8
Payments will be made on a reimbursement basis using the enclosed Hazard Mitigation Reimbursement Request Form. A ten percent ( 10%} retention will be withheld from all reimbursement payments and will be released as part of the subaward closeout process.

Reimbursements can be made only for items listed on the approved subaward application. Expenditures for any other work should be separately maintained and are the sole responsibility of the subrecipient. Any funds received in excess of current needs or approved amounts, or those found owed as a result of a final inspection or audit, must be refunded to the State within 30 days of receipt of an invoice from Cal OES.

When mailing documents to the Recovery Financial Processing Unit, please use the following address:

California Governor's Office of Emergency Services
Attention: Recovery Financial Processing Unit
3650 Schriever Avenue
Mather, CA 95655
For further assistance regarding post-obligation documents or the reimbursement request process, please contact the Recovery Financial Processing Unit at (916} 845-8110 or at [email protected]. For program-related questions, please contact the Hazard Mitigation Assistance Branch at (916} 328-7450.

Recovery Financial Processing Unit
Enclosures
c: Subrecipient's Project File
*The Recovery Financial Processing Unit has the City's universal Resolution No. 24-030, passed on 6/4/24 , on file. A copy of the resolution is included in this package for your review. With the permission of an Authorized Agent, the resolution can be applied to this project.
3650 SCHRIEVER AVENUE • MATHER, CA 95655

RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
August 5, 2025, Item #8
Received
October 25, 2024
Financial Processing Unit
U.S. Depa1"tment of Homeland Sern1 ·it)"
Region9
1111 Broadway , Suite 1200
Oakland, CA 94607-4052
FEMA
October 17, 2024 Grant# 2022-0001
Robin Fenning
California Governor 's Office of Emergency Se1vices
3650 Schriever Ave
Cal OES ID: 073-58520-00
Subaward: LPDM22-P J0003
FEMA# LPDM-PJ-09-CA-2022-003
Building E, HMA
Mather , CA 95655
Dear Ms. Fenning:

This letter is to info1m you that FEMA Region 9 has released $187,500.00 from its financial hold on your FY 2022 Pre-Disaster Mitigation grant (LPDM-PJ-09-CA-2022-003) . Tue financial hold was enacted as a special condition of the award pending the completion of an environmental and historic prese1vation (EHP) review of award activities. EHP clearance has been granted for the following sub-awards:
• LPDM-PJ-09-CA-2022-003- City of Poway Hazardous Tree Removal Mitigation Project:
$187,500.00
This letter confirms the completion of the EHP review for the sub-award listed above. All other sub­ awards remain on hold pending EHP clearance .

If you have any questions , you may contact Dana-Kenneth Mosher , Planning and Implementation Branch Mitigation Division at danakenneth [email protected] or 202-769-6709 , or Jacqueline Hill, Grants Management Specialist at jacqueline [email protected] or 202-230-0355 .

Enclosures:

EMF-2022-PD-0001 Agreement Articles #2
Sincerely ,
Digitally signed by SUKHBIR K

SUKHBIR K AUJLA AUJLA
Date : 2024.10.17 14:31 :46 -07'00'
Sukhi Aujla
Acting Division Director
Grants Management Division
FEMA Region 9
Record of Environmental Consideration (REC) LPDM-09-PJ-CA-2022-003 cc: Angelica Saavedra, Division Director , Grants Management Division , FEMA R9 Katluy n Lipiecki, Director , Region 9 Mitigation Division Alison Keams , Plannin g and Implementation Branch Chief, Region 9 Mitigation Division Dana-Kenneth Mosher , Safeguarding TomoITow RLF Program , Region 9 M itigation Division
www .fema.gov
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August 5, 2025, Item #8
EMF-2023-PD-0004

Megan Bryant, Grants Services Branch Chief, Region 9 Grants Management Division Jacqueline Hill, Grants Management Specialist, Region 9 Grants Management Division 15 of 64
August 5, 2025, Item #8
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 6th day of August, 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and WEST COAST ARBORISTS, INC., a California corporation. ("the CONTRACTOR").

RECITALS
WHEREAS, City desires to obtain the services for providing hazardous tree removal services to the City;
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and
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 16 of64 ATTACHMENT D
August 5, 2025, Item #8
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 publicly 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 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 Contractor upon demand.
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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:
(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; and

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. 18 of64
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DISCLOSURE DETERMINATION:
~ 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.
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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.
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(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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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.
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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)
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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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WEST COAST ARBORISTS, INC.

By:------------­
Patrick Mahoney, President
August 5, 2025, Item #8
"SPECIAL PROVISIONS"
EXHIBIT "A"

1. Scope of Services.

The City will remove hazardous trees identified for removal by an International Society of Arboriculture (ISA) Board Certified Master Arborist along the rights-of-way (ROWs) of Twin Peaks Road, West Espola Road and in 20.88 acers in the Green Valley Open Space project areas. Hazardous trees are defined as those that are dead, diseased, dying, poorly structured, or seedlings, or that exhibit poor overhead spacing and whose removal would reduce the risk of ignition of nearby vegetation or structures during a wildfire. Trees selected for removal will be documented with GPS coordinates and marked in the field using white dots and/or metal tags bearing identifying information. A detailed inventory and assessment of trees in the project area is provided in Attachments . This project is funded by FEMA.

2. Project Timeline.

Tree removal and vegetation clearing will occur during the months of September 2025 through October 2026. Project activities can occur from 7:00 a.m. to 5 p.m. Monday through Friday (except dark Fridays and holidays). To minimize noise disturbances, activities such as chainsaw operation, wood chipping, tree felling, loading, and hauling will be limited to the hours between 9:00 a.m. and 3:00 p.m. No work shall be performed outside of these hours, on weekends, on dark Fridays or on federal holidays without prior approval from the Public Works Project Manager. Noise standards will be governed by Chapter 8.08 of the Poway Municipal Code.

3. Project Areas.

Twin Peaks Road: Project activities for the Twin Peaks Road project area consist of tree removals. Approximately 1,806 trees > 4" Diameter at Breast Height (DBH) were inventoried in Twin Peaks Road project areas, of which 461 were identified for removal. The non-native trees identified for removal are along the right of way and on private property between abutting residential properties' rear soundwall/fence on the northern side of Twin Peaks Road and the ROW. The City has obtained right of entry agreements for many of the properties and the contractor will be provided a map for those properties for which tree removal will occur. No native trees will be removed except dead or severely diseased. Heavy equipment associated with the activities along Twin Peaks Road is anticipated to include bucket trucks, chippers, stump grinders, and haul trucks. Heavy equipment would be stationed on existing paved public roadways adjacent to the targeted trees. All work would occur from the roadside and/or existing ROW. No access to private yards will be required.

Espola Road: The Espola Road project areas is in previously graded margins for those roads and/or areas graded and developed in association with proximate urban residential neighborhoods . Project area includes the north/west and south/east end of Espola Road from Pomerado Road from Cloudcroft Drive to 25 of64
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Northcrest Lane. Approximately 1,880 trees > 4" DBH were inventoried in Espola Road project areas, of which and 226 were identified for removal. The 226 non-native trees identified for removal along Espola Road are along the right of way. No native trees will be removed except dead or severely diseased. Heavy equipment associated with the activities along Espola Road is anticipated to include bucket trucks, chippers, stump grinders, and haul trucks. Heavy equipment would be stationed on existing paved public roadways adjacent to the targeted trees. All work would occur from the roadside and/or existing ROW. No access to private yards will be required.

Green Valley Open Space: The open space area encompasses 20.88 acres on seven (7) lettered lots/open space parcels located near the northwest portion of Poway. There are several ephemeral drainages within the Green Valley Open Space that flow for short periods of time, directly after heavy rain. 1,919 trees were identified for removal ranging in size from 4" to 99" BDH. The open space is part of a moderately populated residential area within the urban core of Poway and defined by the following streets: Wilderness Road and Summer Sage Road along the north border, Rock Creek Road and Summer Sage Road along the south border, Espola Road along the east border and Oak Creek Trail and Riparian Road along the west border. The area has naturally developed a variety of undesirable, invasive, and fire prone trees and a dense understory of vegetation communities including populated Eucalyptus and Mexican Fan Palm (Washingtonia Robusta) clusters ranging in size from newly sprouted volunteers to mature 60' high + sporadic groves. The area is also host to a variety of spontaneously established and desirable native tree communities including mature Costal Live Oak, Arroyo Willow, and California Sycamore dispersed around open fields, residential structures, ROW, and in-and-around naturally contoured creek formations incised and graduated by episodic flow. These native trees are to be protected in place. Only non­ native trees will be removed except any dead or severely diseased native trees. Most trees will be accessible by foot, other smaller motorized vehicles. Large trucks or heavy machinery cannot access many parts of Green Valley Open Space.

Heavy equipment associated with the activities at Green Valley Open Space would include crew trucks, bucket trucks chippers, low ground pressure rubber-tract skid steer with a forestry head for chip-mulch- mastication of vegetation, a low ground pressure tract excavator with a forestry head for chip-mulch- mastication of vegetation, a wheeled loader, and 40-yrd dumpsters.

An unnamed ephemeral watercourse runs through the Green Valley Open Space and under Espola Road. Work within 50ft of intermittent channel and channel banks in Green Valley Open Space will be conducted with extra scrutiny and will be limited to hand crews, hand tools, chainsaws, ropes, cables, winches, craning and other grappling tools would work within or near these water courses. An on-site biologist will monitor the work to ensure that existing ephemeral stream channels are protected during the project implementation. Project work will be monitored by an onsite Biologist with stop-work authority to verify stream courses are protected throughout the project.

If any tree material/debris lands in or around the creek area, that material/debris shall be removed. An onsite biological monitor will verify stream courses are protected throughout the project.
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Crossing a channel with equipment may be required and would only occur when no other access route exists.

The project area covers the following locations:
a. APN 2757953400
b. APN 2757953300
c. APN 2757964000
d. APN 2757942100
Project maps are included as Appendix B (For contract purposes, refer to the RFP or request an additional copy from the City).

A list of trees identified for removal by ISA is included as Appendix C (For contract purposes, refer to the RFP or request an additional copy from the City).

4. Mobilization & Demobilization:

Contractor shall safely undertake all activities related to mobilization of equipment to and from each site, equipment storage areas and the Contractor's yard.

Work shall include all necessary traffic control to safely load or offload equipment in public road right of way, including protection of existing facilities, structures, roads, driveways and other property and avoiding any related damage. If needed, contractor's equipment may be stored on City property or at other City-approved locations.

5. Equipment.

Contractor shall furnish all necessary equipment to perform the work.

Equipment must be of modern design, in good operating condition and must be operated by competent, fully qualified operators. Contractor is responsible for all fuel, lubrication, repair and replacement of equipment. All chainsaws, trimmers and other motorized equipment will be used to move and process the cut material onsite at one of the staging areas. Equipment shall be equipped with Forest Service approved spark arrestors and meet California Division of Industrial Safety specifications. The following are minimum equipment requirements:
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• Must be in good running condition with no fluid leaks or overheating problems. • Must be equipped with tools and supplies necessary for making emergency and routine repairs and servicing.
• Canopy approved by the State of California, Division of Industrial Safety. • Portable diesel engines shall be compliant with California Air Resources Board's (CARB) portable diesel engine Airborne Toxic Control Measure (ATCM) and registered under CARB's Statewide Portable Equipment Registration Program (PERP) https://ww2.arb.ca.gov/our­ work/programs/portable-equipment-registration-program-perp. If portable diesel engines are non-compliant with this ATCM, they may be operated under California's Tree Mortality Emergency Disaster Declaration, but only if PERP's notification of operation in an emergency event Form 40 is filed with CARB.

August 5, 2025, Item #8
• Fire extinguishers are required for all vehicles used within or adjacent to undeveloped open space.

6. Hazard Tree Felling.

Contractor shall perform all work to safely fell trees identified by the City for removal. The Contractor shall take all actions necessary to avoid damage caused by felling operations and must protect the City's infrastructure, structures, roads/driveways, landowner belongings and other private property. Wherever possible, the Contractor shall avoid damaging or removing live trees that are not marked for removal. All work must be completed in a safe manner that prioritizes safety of the public, City and Contractor.

Hazard trees identified by the City for removal are marked with a unique (white) tree identification that corresponds to the map.

Trees may be removed by conventional felling methods (hand felling), by climber, or by bucket truck (if access is available). All other methods shall first be approved by the City. Tree removal methods chosen by the Contractor must both ensure safety of workers and public and maximize cost effectiveness. Hazardous trees marked for removal will be flush cut at the stump, stumps will be ground and/or treated, with roots remaining to provide soil stability. Trees identified for removal will be felled and mulched onsite or transported to designated staging area to be chipped.

Twin Peaks and Espola Road Project Area- Removed trees will be mulched to the greatest extent possible onsite before it is removed by truck to an offsite staging or recycling facility.

7. Tree Removal and Stump Grounding.

All precautions shall be taken to ensure the protection of existing adjacent public or private property. For tree removal work, no stumps are to be removed. Stumps will be ground flush cut at grade with existing terrain leaving the root system in place for ground stability. Trees will be felled and removed in accordance with Public Works Department tree removal procedures. Trees will be directionally felled in the traditional method into open areas when given the opportunity, with consideration of environmental impacts.

Twin Peaks Road: All chainsaws, trimmers and other motorized equipment will be used to move and process the cut material onsite at one of the staging areas before it's removed by truck to the offsite staging or recycling facility. Biomass from the tree removal process along Twin Peaks Road will go to a local recycling facility.

Espola Road: All chainsaws, trimmers and other motorized equipment will be used to move and process the cut material onsite at one of the staging areas before it's removed by truck to the offsite staging or recycling facility. Biomass from the tree removal process along Espola Road will go to a local recycling facility. 28 of 64
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Green Valley Open Space: Trees marked for removal will be flesh cut to leave streambed intact. No grinding is allowed in this project area. Channel crossings within this project area will be required. All temporary access crossings will be low impact and will utilize the natural curvature and contours of the channel. Crossing a channel section with equipment will be limited to places where no other access solution exists and will occur using one of the following methods (1) an excavator or crane may be used to temporarily place a steel plate from top of bank to top of bank, spanning the channel or (2) High-density rubber mats will be hand placed on the bottom of the channel and bank following the natural contour of the channel and channel bank. All channel crossing material will be removed following completion of work. No grinding is allowed in this project area. Depending on the heigh of the tree and the available ground area, trees will be tethered high, using an aerial lift, to be felled in a suitable direction or will be topped and dropped incrementally using the aerial lift. Contractor will work with the City to determine channel crossing areas. Cut material may be mulched onsite at one of the identified staging areas. Felled trees not suitable for mulch would be chipped/loaded into a green waste 40-yrd dumpster, to be hauled to a compost facility.

8. Property Use and Access.

The City has obtained right-of-entry agreements from property owners for the purposes of this project. The table in Appendix D lists properties that have completed right-of-entry agreements. The Contractor shall only perform work on property that has completed a right-of-entry agreement. This includes, but is not limited to, accessing and felling hazard trees.

9. Communication & Coordination.

The Contractor shall personally supervise project work or shall designate in writing to the City the name of its representative(s) who shall be present at the site of work. The authorized representative shall have full authority to direct the work. The Contractor, or designated representative, shall be responsible for coordinating access and performance of work with property owners, other tree contractors working in the area (if any), the City and any other involved agencies.

10. Damages.

Contractor shall be responsible for all damages resulting from Contractor's work. This includes, but is not limited to, damages to City, roads, driveways, structures, fences, and property owner belongings. Contractor shall bear the costs of repairing, replacing or restoring all facilities or items that are damaged as a result of the Contractor's work.

11. Safety.

Contractor shall abide by all local, state, federal, and CAL/OSHA, policies, and procedures including labeling of containers. Contractor will be responsible for fines incurred if not in compliance with above regulations. Before the start of work, Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and 29 of64
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programs relating to the performance of the services provided. City staff may conduct a storm water inspection to verify that Best Management Practices (BMPs) are properly implemented at any time during the service. Additional BMPs may be recommended or required to eliminate or prevent discharges to the stormwater conveyance system or Lake Poway. The Staff Administrator reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of work under this contract. Personal Protective Equipment (PPE) shall be supplied by the Contractor for their staff, as required, and properly used at all times.

12. Unfavorable Maintenance Conditions.

During inclement weather, or other unsuitable maintenance conditions, the Contractor 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 Contractor the ability to perform the work in a proper and satisfactory manner.

13. Warranty.

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

14. Reference Reports:

It is the contractor's responsibility to understand and adhere to the following documents (For contract purposes, refer to the RFP or request an additional copy from the City).
• The City of Poway Best Management Practice, Appendix D • Supplemental Environmental Assessment, City of Poway Hazardous Tree Removal (Phase 2), Appendix E
• Biological Constraint Letter, Appendix F
• Biological Assessment, Appendix G
• Programmatic Environmental Assessment (PEA), Appendix H

15. Compensation and Reimbursement.

City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on July 10, 2025, which is included in this document as Attachment

1. 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 30 of64
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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.

16. Term of Agreement.

This Agreement shall be effective from the period commencing August 6, 2025, and ending August 5, 2027, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two (2) additional one-year period upon approval in writing of the City Manager and Contractor. 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 Contractor'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 June 30, 2027. 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.

17. Contractor's Insurance.

1. Coverages:

Contractor 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.) 31 of 64
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"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.

18. Notices.

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

To Contractor:

City of Poway
P.O. Box 789
Poway, CA 92074
West Coast Arborist, Inc.
2200 E Via Burton.

Anaheim, CA 92806
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August 5, 2025, Item #8
ATTACHMENT 1

FEE PROPOSAL
BID ITEM A: PROJECT AREA TREE REMOVAL PROPOSAL PRICE
The purpose of this project is to remove dead, dying, diseased, or poorly spaced trees in order to improve public safety and reduce fire risk. This proposal includes three project areas: Twin Peaks Road, Espola Road and Green Valley Open Space. The proposals below are for the entire work required for providing all labor, equipment, tools, materials and incidentals affiliated with the removal of trees in these project areas, including traffic control, identified in each project area.

See Appendix C for arborist reports for each project area.

Twin Peaks Road Project Area:

The Not to Exceed budget for Twin Peaks Road Project Area is $1,000,000.

Priority for the Twin Peaks Road project area will be given to removing the largest and most hazardous trees to reduce wildfire fuel.

When completing the fee schedule, provide the unit cost for each individual tree size category.

Then, calculate and enter the total cost based on the number of trees to remove in each category.

The total project cost, including all three size categories, must not exceed $1,000,000. Be sure to clearly indicate the number of trees proposed for removal within this not-to-exceed budget.

Twin Peaks Road Hazardous Trees Removal
Tree Size (DBH) Number of Trees Unit Cost Per Number of Trees Identified for Proposer Can Total Cost By DBH Category Removal by ISA Tree Remove 25" and Above 13 $2,800 .00 13 $36,400 .00
13" to 24" 135 $1,200 .00 135 $162,000.00
O" to 12" 271 $ 400 .00 271 $108,400 .00
Total Project Cost for Tree Removal on Twin Peaks Road: $ 306,800 .00 TOTAL PROJECT COST FOR TREE REMOVAL ON TWIN PEAKS ROAD IN WORDS: ____ _ ___ T_h_re_e_H_u_nd_r_e_d_S_ix_T_h_o_u_s_a_nd_E~ig_h_t _H_un_d_r_ed ___ DOLLARS and ___ Z_e_ro ____ CENTS [Remainder of Page Left Blank Intentionally]
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Espo la Road Proiect A rea:

The Not-to-Exceed budget for Espola Road Project Area is $820,000.

Priority for the Espola Road project area will be given to removing the largest and most hazardous trees to reduce wildfire fuel.

When completing the fee schedule, provide the unit cost for each individual tree size category.

Then, calculate and enter the total cost based on the number of trees to remove in each category.

The total project cost, including all three size categories, must not exceed $820,000. Be sure to clearly indicate the number of trees proposed for removal within this not-to-exceed budget.

Espola Road Hazardous Trees Removal
Tree Size (DBH) Number of Trees Unit Cost Per Number of Trees Identified for Proposer Can Total Cost By DBH Category Removal by ISA Tree Remove 25" and Above 44 $ 2,800.00 44 $123,200 .00
13" to 24" 149 $1,200 .00 149 $178,800.00
O" to 12" 561 $ 400.00 561 $224,400 .00
Total Project Cost for Tree Removal on Espola Road: $ 526,400.00 TOTAL PROJECT COST FOR TREE REMOVAL ON ESPOLA ROAD IN WORDS: ______ _ __ F_iv_e_H_u_n_d_re_d_T_w_en_t~y-_S_ix_Th_o_u_s_a_nd_F_ou_r_H_u_n_d_re_d __ DOLLARS and ___ Z_e_ro ____ CENTS [Remainder of Page Left Blank Intentionally]
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Green Valley Open Space Project Area:

The Not-to-Exceed budget for Green Valley Open Space Project Area is $500,000 Priority for the Green Valley Open Space project area will be given to removing invasive Palm Trees and fronds, which serve as fuel ladder that significantly increase wildfire risk. Additional focus will be placed on removing the largest and most hazardous trees to further reduce wildfire fuel.

When completing the fee schedule, provide the unit cost for eacl1 individual tree size category.

Then, calculate and enter the total cost based on the number of trees to remove in each category.

The total project cost, including all three size categories, must not exceed $500,000. Be sure to clearly indicate the number of trees proposed for removal within this not-to-exceed budget.

Green Valle1.1 Open Space Hazardous Trees Removal
Tree Size (DBH) Number of Trees Unit Cost Per Number of Trees Category Identified for Tree Proposer Can Total Cost By DBH Removal by ISA Remove
25" and Above 97 $2,800.00 95 $ 266,000.00
13" to 24" 679 $1,200.00 145 $ 174,000.00
O" to 12" 615 $ 400.00 147 $ 58,800.00
Total Project Cost for Tree Removal in Green Valley Open Space: $ 498,800.00 TOTAL PROJECT COST FOR TREE REMOVAL IN GREEN VALLEY OPEN SPACE IN WORDS: __ Four Hundred Ninety-Eight Thousand Eight Hundred DOLLARS and Zero CENTS ------- TOTAL PROJECT COST FOR TREE REMOVAL ON TWIN PEAKS ROAD, ESPOLA ROAD and GREEN VALLEY OPEN SPACE IN WORDS:
__ O_n_e_M_il_lio_n_T_h_r_ee_H_u_n_dr_e_d_T_h_irt__,_y_-T_w_o_T_ho_u_s_a_nd ___ DOLLARS and __ Z_e_r_o ____ CENTS [Remainder of Page Left Blank Intentionally]
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BID ITEM B: PRICE FOR ADDITION /DELETION OF TREES
Proposal price adjustment for any trees that are added to or deleted from the scope of work after an agreement is awarded will be negotiated and not finalized unless agreed to in writing. The starting negotiation price for all such added or deleted trees shall be as set forth by the Proposer below, based on the tree diameter size (DBH) and type of felling required. Prices should closely reflect the proposal prices provided above. Contractor and City agree that proposal price adjustments for added/deleted trees will be at the prices set forth below unless reasonably unique circumstances exist.

The prices set forth below include all worl< required to provide all labor, equipment, tools, materials and incidentals affiliated with the complete removal of each hazard tree as specified in this RFP.

TYPE Of TREE FELLING TREE REMOVAL PRICE PER TREE
0"-12" DBH 13"-24" DBH 25" + DBH
Directional Felling
by, Hand $ 300.00 $ 1,000.00 $ 2,400.00
Piece Felling by
$ 400.00 $ 1,200.00 $ 2,800.00 Climber/Bucket Truck
Crane Felling $ 600.00 $1,500.00 $3,000.00
Helicopter $1,000.00 $ 2,000.00 $ 3,200.00
[Remainder of Page Left Blank Intentionally]
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EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous> Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section .
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section .
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system . The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
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(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 August 5, 2025, Item #8
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:
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(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 .

August 5, 2025, Item #8
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargainin9 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 of the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.

History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.

Annotations
Notes
Amendments:
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).
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GUARANTY
To the City of Poway, City Council, for:

HAZARDOUS TREE REMOVAL SERVICES
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
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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."
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City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 6th day of August, 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and WEST COAST ARBORISTS, INC., a California corporation. ("the CONTRACTOR").

RECITALS
WHEREAS, City desires to obtain the services for providing hazardous tree removal services to the City;
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and
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 42 of64 ATTACHMENT E
August 5, 2025, Item #8
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 publicly 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 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 Contractor upon demand.
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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:
(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; and

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. 44 of64
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DISCLOSURE DETERMINATION:
[g) 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 th is 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.
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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.
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(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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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.
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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 (Cal PERS) 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)
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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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WEST COAST ARBORISTS, INC.

By:------------­
Patrick Mahoney, President
August 5, 2025, Item #8
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.

Contractor agrees to perform Hazardous Tree Removal Services as required by City, further described in the Agreement, 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. The City reserves the right to modify the location and tasks as deemed necessary to accommodate the evolving needs of the city parks.

B. Compensation and Reimbursement.

City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on June 20, 2025, which is included in this document as Attachment

1. 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 August 6, 2025, and ending August 5, 2027, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two (2) additional one-year period upon approval in writing of the City Manager and Contractor. 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 Contractor'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 June 30, 2027. 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.
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D. Contractor's Insurance.
1 . Coverages:

Contractor 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:

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.
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E. Notices.

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

To Contractor:

City of Poway
P.O. Box 789
Poway, CA 92074
West Coast Arborist, Inc.
2200 E Via Burton.

Anaheim, CA 92806
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August 5, 2025, Item #8
ATTACHMENT 1
City of Poway - Request for Quote - Hazardous Tree Removal and Trimming Project

SCOPE OF SERVICES - HAZARDOUS TREE MITIGATION
PART 1 - GENERAL DESCRIPTION OF WORK: The project involves the removal of approximately 160 hazardous, non-native, and invasive trees, along with clusters of invasive saplings (defined as 4 inches or smaller in Diameter at Breast Height [DBH]). These were identified by an International Society of Arboriculture (ISA) Board Certified Master Arborist. Additionally, approximately 315 trees will be trimmed to reduce fuel loads, with work to be conducted by a qualified tree contractor.

Hazardous trees are defined as those that are dead, diseased, dying, poorly structured, or seedlings, or that exhibit poor overhead spacing and whose removal would reduce the risk of ignition of nearby vegetation or structures during a wildfire. Trees selected for removal will be documented with GPS coordinates and marked in the field using white dots and/or metal tags bearing identifying information.

A detailed inventory and assessment of trees in the project area is provided in Attachments 1- 4.

PART 2 - SCOPE OF SERVICES REQUIREMENTS: All work performed under this scope of services shall be conducted under the direct supervision of an ISA Certified Arborist employed by the contractor or company. The selected contractor shall provide all labor, equipment, supervision, transportation, supplies, and services necessary to complete the outlined tasks in accordance with best management practices and the Guidelines for High Hazard Zone Tree Removal issued by the State's Tree Mortality Task Force.

1. Tree felling is expected to be performed by hand crews using chainsaws, pruning saws, and pruning shears. Tree climbers may be required in certain areas due to the proximity of nearby homes. Anticipated heavy equipment includes bucket trucks, chippers, stump grinders, and haul trucks. All heavy equipment will be stationed and operated from existing paved public roadways adjacent to the targeted trees. Work will be conducted entirely from the roadside and/or within public rights-of-way, prescriptive easements and in designated open space areas along Camino del Norte.

The following number of trees have been identified for this project:

Camino del Norte
Identified for: Number of Trees by Diameter
0"-12" DBH 13"-24" DBH 24" + DBH Total
REMOVAL 24 35 8 67
TRIM 115 207 19 341
Contractors shall base their proposals on the trees identified in this document. Proposals may be adjusted, as needed, to reflect any additions or removals of trees following the award of the contract .

2. All trees will be cut at grade, and stumps will be ground, with root ball left in place. No grading, excavation, other ground-disturbing activities, or road construction will be conducted. Motorized equipment and chippers will be used to process and move cut material or mulch on-site, which will then be hauled by truck to an off-site staging or disposal facility. Biomass generated from tree removal will be taken to a local recycling facility. The City maintains a franchise agreement with EDCO Waste and Recycling Services, Inc. (EDCO). All hauling services must be conducted through EDCO. If self-hauling is utilized, the contractor must own the bins, haul the material, and retain all 54 of 64
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City of Poway - Request for Quote - Hazardous Tree Removal and Trimming Project relevant receipts, which must be submitted to the City upon completion of the project.

Subcontracted self-haul services are not permitted.

3. Contractors shall safely perform all activities related to the mobilization and demobilization of equipment to and from the site. The contractor shall use the designated staging area, as shown below. All materials and equipment must be properly stored. Chainsaw fuel must be kept in an approved safety can that is undamaged and equipped with a fully functional lid or spout cover designed to relieve internal pressure in the event of a fire. Leaking cans or containers without lids must be immediately removed from the project site and the property . Fuel shall not be stored on site overnight .

4. California Air Resource Board Requirement - The Consultant shall submit copies of the valid Certificates of Reported Compliance, including from the listed subcontractors when the work involves the operation of self-propelled off-road diesel vehicles 25 horsepower or greater and most two-engine vehicles, including vehicles that are rented or leased. Failure to provide the Certificates of Compliance may render a bid non-responsive. A Consultant claiming an exemption to this requirement shall provide an explanation with detailed reasoning signed by the Consultant and will be reviewed for compliance by the City.

5. Contractor must have spill protection and spill cleanup equipment readily available on site. See BMPs, Attachment 6.

6. Project activities can occur from 7:00 a.m. to 5 p.m. Monday through Friday (except dark Fridays and holidays). To mitigate noise disturbances, chainsaws, woodchippers, felling, loading, hauling, etc. would occur within more limited hours, e.g., 9 a.m. to 3 p.m. No work shall be performed outside of these hours, on weekends, on dark Fridays or on federal holidays without prior approval from the Public Works Project Manager. Noise standards will be governed by Chapter

8.08 of the Poway Municipal Code.
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City of Poway - Request for Quote - Hazardous Tree Removal and Trimming Project

7. The contractor shall obtain all necessary permits required for the work associated with this project, to include but not limited to right-of-way permits.

8. If any artifacts or human remains are discovered during the course of contract operations, they shall be left undisturbed, and the contractor shall immediately notify the Project Manager.

9. Avoidance and Minimization Measures and Best Management Practices may be used in combination to minimize spill, erosion, and other potential impacts. Examples include:
a. Straw wattles -for site delineation and silt retention b. Absorbent wattles -for oil retention and removal
c. Drip pans -for equipment storage
d. Tarps - for equipment storage
e. Mulch -for ground cover, bank stabilization, and erosion control f. Rock bags -for silt retention
g. Spill kit - on board for immediate use in case of emergency

10. Dust Control Mitigation includes the following methods, developed and practiced as standards to mitigate excessive dust and particle suspension. These standards include:
a. All trucks and equipment accessing and working in and around the project areas will adhere to standard operating procedures for dust control utilizing effective methods to reduce or mitigate suspended particles resulting from work activities b. Trucks and equipment will be in good working order and maintained and tuned in accordance with manufacturer's specifications and compliant to current emission standards, where possible
c. Minimizing idling times, either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes
d. Work during unfavorable weather conditions including excessive wind/Santa Ana events will be avoided to reduce unnecessary contributions to dust and particle suspension e. Access and staging areas will be prepared and stabilized with wood chips and mulch utilized from existing materials on site to reduce contact with and disturbance of bare soil
f. Restricted access throughout project areas to only work vehicles and equipment traveling at low speeds below the ability to create draft or lift g. Water application will be utilized at ingress and egress locations as needed and at higher dust, particle, and spark activity locations
h. Trucks hauling and transporting relevant material (e.g., mulch, trees, tree debris) will be covered
PART 3 - TRAFFIC CONTROL: The contractor shall always conduct operations in a manner that minimizes inconvenience to residents. Area closures may be permitted upon request by the successful bidder with at least three (3) days' advance notice and specific approval from City staff. The City will collaborate with the contractor to implement approved closures in accordance with right-of-way permits.

PART 4 - SCOPE OF WORK FEE PROPOSAL: The proposal price covers all work required to provide labor, equipment, tools, materials, and incidentals necessary for the removal or trimming and disposal of trees identified in each section below.
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City of Poway - Request for Quote - Hazardous Tree Removal and Trimming Project PART 5 - PROJECT ESTIMATE: The removal and trimming of trees as described is estimated at $175,000.

The total aggregate payment to the awarded contractor for services rendered under this Contract shall not exceed the sum of $200,000.

PART 6 -ADDITION/DELETION OF TREES: Price adjustments for any trees added to or removed from the scope of work after the contract is awarded shall be subject to negotiation and shall not be considered final unless agreed to in writing. The starting point for all such negotiations shall be the unit prices provided by the proposer below. These prices must clearly align with those included in the main proposal.

The contractor and the City agree that adjustments for added or deleted trees will be based on the unit prices listed below, unless reasonably unique or unforeseen circumstances warrant a different rate. 57 of64
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City of Poway - Request for Quote - Hazardous Tree Removal and Trimming Project The prices listed below include all labor, equipment, tools, materials, and incidentals required for the complete removal of each hazardous tree as specified in this Request for Quote.

PROJECT FEE PROPOSAL
Hazardous Tree Removal
Trees 0"-12" DBH 13"-24" DBH 24" + DBH Total for All Tree Identified for Removals
Removal 24 35 8 67
Totals $ 71352.40 $ 321550.00 $ 13,968.00 $ 531870.40
Total to remove all identified trees in words: Fifty-Three Thousand Eight Hundred Seventy Dollars and Forty Cents Hazardous Tree Trimming
Trees 0"-12" DBH 13"-24" DBH 24" + DBH Total for All Tree Identified for Trimming
Trimming 115 207 19 341
Totals $ 18,975.00 $ 36,225.00 $ 3,515.00 $ 58,715.00
Total to trim all identified trees in words: Fifty-Eight Thousand Seven Hundred Fifteen Dollars and Zero Cents Project Total (Hazardous Tree Removal & Tree Trimming)
Total for All Tree Removal Total for All Tree Trimming Project Total (from above) (from above) $ 53,870.40 $ 58,715.00 $ 112,585.40
Project total to remove and trim all identified trees in words: _____________ _ One Hundred Twelve Thousand Five Hundred Eighty-Five Dollars and Forty Cents 58 of 64
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City of Poway - Request for Quote - Hazardous Tree Removal and Trimming Project The prices listed below include all labor, equipment, tools, materials, and incidentals required for the addition or deletion of hazardous tree as specified in this Request for Quote.

PRICE FOR ADDITION/DELETION OF TREES
Hazardous Tree Removal Price Per Tree
Tree Size 0"-12" DBH 13"-24" DBH 24" + DBH
Removal Per Tree:
$ 306.35 $ 930.00 $ 1,746.00
Cost to remove one 0"-12" DBH tree in words: Three Hundred Six Dollars and Thirty-Five Cents Cost to remove one 13"-24" DBH tree in words: Nine Hundred Thirty Dollars and Zero Cents Cost to remove one 24" + DBH tree in words: One Thousand Seven Hundred Forty-Six Dollars and Zero Cents 59 of64
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EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous> Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
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(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 August 5, 2025, Item #8
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:
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(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.

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(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).
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GUARANTY
To the City of Poway, City Council, for:

HAZARDOUS TREE REMOVAL SERVICES
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
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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."
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