DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
August19,2025
Honorable Mayor and Members of the City co; il
Eric Heidemann, Director of Public Works f,,
Danielle McIntosh, Senior Management Anal~
(858) 668-4729 or dmcintosh@poway .org JCY
1 -
CITY COUNCIL
Award of Agreement to Dudek for As-Needed Environmental and Biological Monitoring Services for the Hazardous Tree Mitigation Grant Program (Phase 2 of FEMA DR-4382-199-12), RFP No. 26-002
A Request for Proposal (RFP) for As-Needed Environmental and Biological Monitoring Services for the Hazardous Tree Mitigation Grant Program (HMGP), Phase 2 of Federal Emergency Management Agency (FEMA) DR-4382-199-12, was duly advertised on June 26 and July 10, 2025. One (1) proposal was initially received and opened on July 10, 2025. Due to the limited response, and in consultation with the California Governor's Office of Emergency Services (Cal OES), which administers the grant on behalf of FEMA, staff extended the proposal deadline to July 21 , 2025, to encourage additional participation. One (1) additional proposal was received. Staff reviewed the proposals received and determined Dudek to be responsive and qualified to provide these services. The term of the Agreement will be two (2) years, from August 20, 2025, through August 19, 2027.
Recommended Action:
It is recommended the City Council award the Agreement to Dudek for As-Needed Environmental and Biological Monitoring Services for the Hazardous Tree Mitigation Grant Program (Phase 2 of FEMA DR- 4382-199-12), RFP No. 26-002, and authorize the City Manager to execute the necessary documents.
Discussion:
In February 2025, FEMA approved Phase 2 of DR-4382-199-12 under the HMGP to mitigate fire hazards, protect structures, and reduce fuel loads making emergency evacuation routes safer for residents in the event of a wildfire. The project involves the strategic removal of hazardous trees along approximately 4.6 miles of rights-of-way, including a four-lane corridor along Twin Peaks Road, a major arterial roadway along Espola Road, and a 20.88-acre open space area in the Green Valley area. 1 of24
August 19, 2025, Item #5
This project is funded by FEMA and administered by Cal OES through Presidential Disaster Declaration DR-4382. As a condition of the grant, the City is required to secure biological consulting services to ensure environmental compliance throughout the project's implementation. Biological fieldwork is required prior to the start of project activities to ensure adherence to regulatory conditions set forth by various federal, state, and local permitting agencies. These requirements are designed to protect water quality, sensitive habitats, and species that may be impacted by the project.
Dudek will provide as-needed services, including: environmental review of regulatory agency permits, environmental field surveys (e.g., nesting bird surveys}, implementation of mitigation measures, preparation of reports and findings, and fulfillment of other biological compliance requirements.
Dudek specializes in resource analysis, environmental survey and reporting, permitting, construction support, and coordination services, with extensive experience in biological resources and water quality protection.
A RFP for As-Needed Environmental and Biological Monitoring Services for the Hazardous Tree Mitigation Grant Program was advertised on June 26 and July 3, 2025. One (1) proposal was received by the initial deadline of July 10, 2025. After consulting with Cal OES, the City extended the submission deadline to July 21, 2025, to encourage broader participation. One (1) additional proposal was received by the extended deadline, resulting in a total of two (2) proposals. Staff reviewed the proposals received. Based on the evaluation criteria, including the firms' experience, capacity to perform, and proposed costs, staff determined Dudek to be qualified to provide as-needed environmental and biological monitoring services for the City's Hazardous Tree Mitigation Grant Program. The term of the Agreement will be two (2) years, from August 20, 2025, through August 19, 2027.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
On August 5, 2025, the City Council approved a transfer from the General Fund to the Hazardous Mitigation Program project account MS009 for Phase 2 of FEMA DR-4382-199-12. Sufficient funds are available in account MS009 to cover the cost of as-needed environmental and biological monitoring services, in an amount not to exceed $220,000.
These costs will be initially funded through MS009 and will be reimbursed by FEMA. Once reimbursement is received, the funds will be returned to the General Fund.
Public Notification:
None.
2 of24
August 19, 2025, Item #5
Attachments:
A. Standard Agreement
Reviewed/ Approved By:
Wendy Kaserman
Assistant City Manager
3 of24
Reviewed By:
Alan Fenstermacher
City Attorney
A~
Chris ¥ze
City Manager
August 19, 2025, Item #5
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 20th day of August 2025 , by and between the CITY OF POWAY (hereinafter referred to as "City") and Dudek (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services for Environmental and Biological Monitoring Services for Hazardous Tree Mitigation Grant Program around the City; WHEREAS, Consultant has represented that Consultant possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 4of24 ATTACHMENT A
August 19, 2025, Item #5
delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
Sof24
August 19, 2025, Item #5
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as Consultant or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
6of24
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract.
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
August 19, 2025, Item #5
DISCLOSURE DETERMINATION:
~ 1. Consultant will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Consultant will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned • or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Consultant.
At all times during the term of this Agreement, Consultant shall be an independent consultant and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.
7of24
August 19, 2025, Item #5
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts.
8 of24
August 19, 2025, Item #5
(e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section
15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect.
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
9of24
August 19, 2025, Item #5
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate Consultant and any and all employees of Consultant providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
10 of24
August 19, 2025, Item #5
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Consultant hereby certifies that all persons providing services to City by Consultant are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.
Consultant further provides that in the event Consultant assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Consultant hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Consultant to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
11 of24
August 19, 2025, Item #5
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By:-----------
Chris Hazeltine, City Manager
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
By:-----------
Alan Fenstermacher, City Attorney
12 of24
Dudek
By:------------
Brock Ortega, Project Manager and
Principal Biologist
August 19, 2025, Item #5
"SPECIAL PROVISIONS"
EXHIBIT "A"
Consultant agrees to perform consulting services as required by City. Consultant shall provide the necessary qualified personnel to perform the services described below.
1. Duties of Consultant.
During the term of this Agreement, the selected Consultant shall perform all work as described below:
a. Ensure that all employees are properly trained prior to start of Contract and each year thereafter, at such time as new hazards are introduced on the job, or when new employees are added to the roster.
b. Conform to all applicable Cal-OSHA, DOT, California Air Resource Board, and EPA regulations, including Cal-OSHA's Hazard Communications Standard.
c. Conform to all other applicable Federal, State, and Local regulations. d. Adhere to the Projects Spill Prevention and Pollution Control Plan to reduce potential impacts on water resources from project activities and address emergency clean up of any hazardous material. The Project's Spill Prevention and Pollution Control Plan will be onsite.
e. Prepare and provide a Worker Environment Awareness Program (WEAP).
This training must occur prior to the start of the Contract and within three (3) days of the arrival of any new project personnel each year thereafter.
The purpose of the training is to familiarize all project staff with any federally listed species that may be present onsite, their habitats, relevant protections under the Endangered Species Act, and the specific measures in place to protect these species and maintain project boundaries.
f. Comply with all City of Poway procedures and relevant local, state, and federal regulations
Consultant shall be properly equipped with all machinery, equipment, tools and supplies necessary to complete the work. Equipment shall be mobile and consistent with the current standards in the industry, clean, modern, and maintained in good mechanical, proper working condition at all times. Consultant shall, at all times, arrive on the job site fully equipped to perform the work unless there are extenuating circumstances and there is a need for specialized machinery, equipment, tools and/or supplies.
2. Project Timeline.
Environmental and biological surveying 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 13 of 24
August 19, 2025, Item #5
governed by Chapter 8.08 of the Poway Municipal Code.
3. General Requirements:
Contractor shall:
a. Provide on-call assistance related to regulatory compliance involving the Army Corps of Engineers, Regional Water Quality Control Board, California Department of Fish and Wildlife, including work related to Nationwide Permits (NWP), Regional General Permits (RGP), and Poway's Habitat Conservation Plan (HCP). Provide biological and cultural resources support for open space maintenance, work within the Wildland Urban Interface (WUI), and urban forestry lands within the project area. b. Conduct biological surveys and flagging sensitive biological resources prior to the start of work at the City's request, to inform project planning, compliance, and impact avoidance strategies.
c. Prepare environmental documents consistent with CEQA, NEPA, and other applicable local, state, and federal requirements.
d. Sufficiently understand the environmental regulatory policies and documentation standards.
e. Initiate any stop work activities that could result in potential adverse effects on federally listed species or their habitats.
f. Monitor project activities to avoid direct or indirect impacts to sensitive avian species.
g. Monitor mechanical or hand-clearing within 200 feet of wetlands or waterbodies.
h. Ensure erosion, sedimentation and turbidity are minimized. i. Monitor dust, runoff and spills.
j. Submit qualifications to U.S. Fish and Wildlife (USFWS) prior to project initiation.
Additional Services may include:
14 of24
a. Attendance at public scoping/resource agency meetings. b. Coordination to secure encroachment and construction permits. c. Synthesis of technical environmental/engineering data. d. Vegetation mapping and technical writing.
e. Development of alternatives analyses and summary reports f. Preparation and monitoring of mitigation plans.
g. Formulation of defensible findings and impact minimization measures. h. Recommendations for project compliance with all applicable regulations.
August 19, 2025, Item #5
4. Pre-Maintenance Nesting Bird Clearance Surveys.
The biological consultant will be responsible for conducting pre maintenance nesting bird surveys, upon request, prior to any tree removal work conducted during the migratory bird nesting season. Following each survey, the consultant will submit a letter report to the City outlining any necessary work limitations required to protect active nests and comply with applicable wildlife laws.
5. Nesting Season.
If work is scheduled during the nesting season, a minimum of three focused biological surveys must be conducted on separate days to assess the presence of nest building activity, egg incubation, or brood-rearing within a 500-foot radius of any vegetation clearing. These surveys must begin no more than seven days prior to the start of construction, with the final survey occurring on the day immediately before work begins.
In addition, weekly surveys must be conducted throughout the duration of vegetation clearing activities during the nesting season. If nesting is detected, consultant shall immediately halt work within that buffer zone. Confirm work does not continue near the nest until further consultation with FEMA and USFWS.
6. Herbicide Use Monitoring.
Consultant shall monitor all herbicide application activities occurring within 50 feet of wetlands or waterbodies to ensure compliance with environmental protection measures. Herbicide use shall be strictly limited to spot treatments targeting invasive, non native plant species. The consultant is responsible for verifying that no direct or indirect adverse effects to listed bird species result from herbicide application and shall document and report any observed impacts.
7. Warranty.
All work performed under this contract will carry a minimum thirty-day warranty on labor and the manufacturer's warranty on material.
8. Reference Reports.
It is the Consultant'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):
• Supplemental Environmental Assessment, Appendix B
• Biological Constraint Letter, Appendix C
• Biological Assessment, Appendix D
• City of Poway Best Management Practice, Appendix E
• Programmatic Environmental Assessment (PEA), Appendix F 15 of 24
August 19, 2025, Item #5
9. Unfavorable Maintenance Conditions.
During inclement weather, or other unsuitable maintenance conditions, the Consultant shall confine operations to work that will not be adversely affected. No portion of the work shall be done under conditions that would adversely affect the quality or the efficiency of the work, unless by special means or precaution approved by the City, allowing the Consultant the ability to perform the work in a proper and satisfactory manner.
10. Warranty.
All work performed under this contract will carry a minimum thirty-day warranty on labor and the manufacturer's warranty on material.
11. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted in writing on July 21, 2025, which is included in this document as Attachment
1. Consultant's fee shall include, and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
12. Term of Agreement.
This Agreement shall be effective from the period commencing August 20, 2025, and ending August 19, 2027, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination. Award of the Contract is subject to City Council appropriation of funds. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
16 of 24
August 19, 2025, Item #5
13. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
17 of 24
August 19, 2025, Item #5
14. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
18 of 24
To City:
To Consultant:
City of Poway
P.O. Box 789
Poway, CA 92074
Dudek
605 Third Street
Encinitas, CA 92024
(Remainder of page intentionally left blank)
August 19, 2025, Item #5
ATTACHMENT 1
Fee Proposa I
19 of 24
FEE PROPOSAL
Actual positions and titles may differ. Additional positions not listed below must be filled in by the proposer.
.. -
Service Descriotion Hourlv Rate
Biolooical Monitorina $ 115
Bird Nestino Survey $ 105
Cultural Resources Monitor $ 85
Princioal Biologist, $300
Field Biolooist $155
Field Biologist $145
Compliance Lead $165
GIS Analyst $145
Publications Specialist $125
Technical Editor $130
August 19, 2025, Item #5
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act 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)
20 of24
(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 19, 2025, Item #5
any unemployment insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
21 of 24
(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 19, 2025, Item #5
(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).
22 of24
August 19, 2025, Item #5
GUARANTY
To the City of Poway, City Council, for:
AS-NEEDED ENVIRONMENTAL AND BIOLOGICAL MONITORING SERVICES FOR
HAZARDOUS TREE MITIGATION GRANT PROGRAM
The undersigned guarantees the work included in this project(s).
Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.
Consultant
Date
23 of24
August 19, 2025, Item #5
WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Consultant to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." Consultant
By:
Title
Date
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
24 of 24
August 19, 2025, Item #5