December 2, 2025, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
December 2, 2025
Honorable Mayor and Members of the City CouAcil
Eric Heidemann, Director of Public Works 11
CITY COUNCIL
Stephen Jackson, Assistant Director of Pu~ Works for Maintenance Operations (858) 668-4705 or [email protected] oP)
Award of Agreement to Prestige Concrete for Public Facilities Renovation Community Road Median Concrete Replacement
An informal request for quotes for Public Facilities Renovation Community Road Median Concrete Replacement was requested on March 3, 2025, by the City of Poway (City). The City participates in California Uniform Public Construction Cost Accounting Act (CUPCCM) which allows informal bidding procedures for public works projects under $220,000. City staff (staff) contacted CUPCCM registered companies to provide quotes for the Community Road Median Concrete Replacement project. Three (3) quotes were received and reviewed by staff. Staff determined Prestige Concrete to be qualified to provide these services at the best value to the City.
Recommended Action:
It is recommended the City Council award the Agreement for Public Facilities Renovation Community Road Concrete Replacement to Prestige Concrete in the amount of $120,140 and authorize the City Manager to execute the necessary documents.
Discussion:
As part of the annual budget process, funds are allocated for capital projects through the Capital Improvement Program (CIP) for investment in City infrastructure. During the Fiscal Year (FY) 2024-25 budget process, funds were allocated to Public Facilities Renovation General Maintenance (MN071 ). It was determined a portion of the funds would be utilized for adding concrete at the Community Road median north and south of Metate Lane. Due to the project not being completed within FY 2024-25, the allocated funds were carried forward to FY 2025-26 to ensure completion of the planned improvements.
The existing medians along Community Road, extending approximately 280 ft south and 630 ft north of Metate Lane, have become difficult and costly to maintain in their current condition. Replacing the 1 of26
December 2, 2025, Item #6
medians
with
decorative
concrete
will
significantly
reduce
ongoing
maintenance
requirements,
lower
long-term
costs,
and
enhance
the
overall
appearance
of
the
corridor.
The
proposed
improvement
project
is
expected
to
take
approximately
two
(2)
weeks
to
complete,
with
efforts
made
to
minimize
impacts
on
traffic
and
nearby
properties.
The
referenced
medians
are
shown
in
figure
1 below:
Figure
1:
Three
(3)
quotes
were
received
and
reviewed
by
staff.
Staff
determined
Prestige
Concrete
to
be
qualified
to
provide
these
services
and
represented
the
best
overall
value
to
the
City
. A summary
of
the
quotes
received
is
listed
in
table
1 below:
Table
1:
Vendor
Prestige
Concrete
United
General
Construction
Inc.
MC
Contracting
Copies
of
all
quotes
are
on
file
with
the
Public
Works
Department.
Environmental
Review:
Quote $120,140 $133,600 $182,662
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
Fiscal
Impact:
The
Public
Facilities
Renovation
Project
MN071
includes
$120,140
for
adding
concrete
at
Community
Road
median
north
and
south
of
Metate
Lane.
There
is
sufficient
funding
available
in
MN071
to
award
this
Agreement
at
the
recommended
amount.
Funding
for
this
project
is
included
in
the
Capital
Replacement
Building
Fund
(F6170).
The
City
proactively
plans
for
facility
repair
and
replacement
services
as
part
of
the
budget
development
process
Public
Notification:
None. Attachments: A.
Standard
Agreement
2 of26
December 2, 2025, Item #6
Reviewed/Approved
By:
Assistant
City
Manager
3 of26
Reviewed
By:
Alan
Fenstermacher
City
Attorney
Chris
Hazeltine
City
Manager
December 2, 2025, Item #6
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
3rd
day
of
December,
2025,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
Prestige
Concrete
("the
Contractor").
RECITALS
WHEREAS,
City
desires
to
obtain
the
services
for
providing
Public
Facilities
Renovation
Community
Road
Median
Concrete
Replacement;
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
4 of26
ATTACHMENT
A
December 2, 2025, Item #6
delivery
of
written
notice
of
termination
to
Contractor.
Such
termination
shall
be
effective
upon
delivery
of
said
notice.
5. Confidential
Relationship.
City
may
from
time
to
time
communicate
to
Contractor
certain
information
to
enable
Contractor
to
effectively
perform
the
services.
Contractor
shall
treat
all
such
information
as
confidential,
whether
or
not
so
identified,
and
shall
not
disclose
any
part
thereof
without
the
prior
written
consent
of
the
City.
Contractor
shall
limit
the
use
and
circulation
of
such
information,
even
within
its
own
organization,
to
the
extent
necessary
to
perform
the
services.
The
foregoing
obligation
of
this
Paragraph
5,
however,
shall
not
apply
to
any
part
of
the
information
that
(i)
has
been
disclosed
in
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.
5 of26
December 2, 2025, Item #6
9. Conflict
of
Interest
and
Political
Reform
Act
Obligations.
During
the
term
of
this
Agreement
Contractor
shall
not
act
as
Contractor
or
perform
services
of
any
kind
for
any
person
or
entity
whose
interest's
conflict
in
any
way
with
those
of
the
City
of
Poway.
Contractor
shall
at
all
times
comply
with
the
terms
of
the
Political
Reform
Act
and
the
local
conflict
of interest
code.
Contractor
shall
immediately
disqualify
itself
and
shall
not
use
its
official
position
to
influence
in
any
way
any
matter
coming
before
the
City
in
which
the
Contractor
has
a
financial
interest
as
defined
in
Government
Code
Section
87103.
Contractor
represents
that
it has
no
knowledge
of
any
financial
interests
which
would
require
it
to
disqualify
itself
from
any
matter
on
which
it
might
perform
services
for
the
City
.
"Contractor"
means
an
individual
who,
pursuant
to
a
contract
with
a state
or
local
agency
:
6 of26
(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.
December 2, 2025, Item #6
DISCLOSURE
DETERMINATION:
1:8:1
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. 7
of26
December 2, 2025, Item #6
14. Contractor's
Insurance.
Contractor
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
15. Indemnification.
(a)
For
Claims
(as
defined
herein)
other
than
those
alleged
to
arise
from
Contractor's
negligent
performance
of
professional
services,
City
and
its
respective
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers
(individually
and
collectively,
"lndemnitees")
shall
have
no
liability
to
Contractor
or
any
other
person
for,
and
Contractor
shall
indemnify,
protect
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
liabilities,
claims,
actions,
causes
of
action,
proceedings,
suits,
damages,
judgments,
liens,
levies,
costs
and
expenses,
including
reasonable
attorneys'
fees
and
disbursements
(collectively
"Claims"),
which
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
occurring
as
a
result
of
Contractor's
negligent
performance
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Contractor,
its
agents,
officers,
directors,
sub-Contractors
or
employees.
(b)
For
Claims
alleged
to
arise
from
Contractor's
negligent
performance
of
professional
services,
lndemnitees
shall
have
no
liability
to
Contractor
or
any
other
person
for,
and
Contractor
shall
indemnify
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
Claims
that
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
to
the
extent
occurring
as
a
result
of
Contractor's
negligent
performance
of
any
professional
services
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Contractor,
its
agents,
officers,
directors,
sub-Contractors
or
employees,
committed
in
performing
any
of
professional
services
under
this
Agreement.
For
Claims
alleged
to
arise
from
Contractor's
professional
services,
Contractor's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Contractor's
negligence.
(c)
The
foregoing
obligations
of
Contractor
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Contractor,
anyone
directly
or
indirectly
employed
by
it or
anyone
for
whose
acts
it may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Contractor
under
worker's compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts.
8 of26
December 2, 2025, Item #6
(e)
Contractor
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Contractor
is
carrying
and
maintaining;
however,
if Contractor
fails
to
take
such
action
as
is
necessary
to
make
a claim
under
any
such
insurance
policy,
Contractor
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Contractor
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section
15. (g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.
16. Assumption
of
Risk.
Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Contractor:
(a)
Contractor
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Contractor
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Contractor's
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor's
Scope
of
Services;
and
(b)
it
is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Contractor
or
its
employees
in
connection
with
Contractor's
performance
its
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor's
Scope
of
Services.
17. Contractor
Not
an
Agent.
Except
as
City
may
specify
in
writing,
Contractor
shall
have
no
authority,
expressed
or
implied
, to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.
Contractor
shall
have
no
authority,
expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.
18. Personnel. Contractor
shall
assign
qualified
and
certified
personnel
to
perform
requested
services
. The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects.
City
shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Contractor
by
giving
oral
or
written
notice
to
Contractor
to
such
effect.
Contractor's
personnel
shall
at
all
times
comply
with
City's
drug
and
alcohol
policies
then
in
effect.
9 of26
December 2, 2025, Item #6
19. Notices. Notices
shall
be
given
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
20. Governing
Law,
Forum
Selection
and
Attorneys'
Fees.
This
Agreement
shall
be
governed
by,
and
construed
in
accordance
with,
the
laws
of
the
State
of
California.
Each
party
to
this
Agreement
consents
to
personal
jurisdiction
in
San
Diego
County,
California,
and
hereby
authorizes
and
accepts
service
of
process
sufficient
for
personal
jurisdiction
by
first
class
mail,
registered
or
certified,
postage
prepaid,
to
its
address
for
giving
notice
as
set
forth
in
Exhibit
"A"
hereto.
Any
action
to
enforce
or
interpret
the
terms
or
conditions
of
this
Agreement
shall
be
brought
in
the
Superior
Court
in
San
Diego
County,
Central
Division,
unless
the
parties
mutually
agree
to
submit
their
dispute
to
arbitration.
Contractor
hereby
waives
any
right
to
remove
any
such
action
from
San
Diego
County
as
is
otherwise
permitted
by
California
Code
of
Civil
Procedure
section
394.
The
prevailing
party
in
any
such
action
or
proceeding
shall
be
entitled
to
recover
all
of
its
reasonable
litigation
expenses,
including
its
expert
fees,
attorneys'
fees,
courts
costs,
arbitration
costs,
and
any
other
fees.
Notwithstanding
the
foregoing,
in
the
event
that
the
subject
of
such
an
action
is
compensation
claimed
by
Contractor
in
the
event
of
termination,
Contractor's
damages
shall
be
limited
to
compensation
for
the
60-day
period
for
which
Contractor
would
have
been
entitled
to
receive
compensation
if
terminated
without
cause,
and
neither
party
shall
be
entitled
to
recover
their
litigation
expenses.
21. Gender. Whether
referred
to
in
the
masculine,
feminine,
or
as
"it,"
"Contractor"
shall
mean
the
individual
or
corporate
Contractor
and
any
and
all
employees
of
Contractor
providing
services
hereunder.
22. Counterparts. This
Agreement
(and
any
amendments)
may
be
executed
in
multiple
counterparts,
each
of
which
shall
be
deemed
an
original,
but
all
of
which,
together,
shall
constitute
one
and
the
same
instrument.
Documents
delivered
by
telephonic
facsimile
transmission
shall
be
valid
and
binding.
23. Entire
Agreement.
This
Agreement
shall
constitute
the
entire
understanding
between
Contractor
and
City
relating
to
the
terms
and
conditions
of
the
services
to
be
performed
by
Contractor.
No
agreements,
representations
or
promises
made
by
either
party,
whether
oral
or
in
writing,
shall
be
of
any force
or
effect
unless
it is
in
writing
and
executed
by
the
party
to
be
bound
thereby.
10 of26
December 2, 2025, Item #6
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (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)
11 of26
December 2, 2025, Item #6
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By: __________ _
Chris Hazeltine, City Manager
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
By:-----------
Alan Fenstermacher, City Attorney
12 of 26
PRESTIGE CONCRETE
By:------------
Brad Tucker, Estimating Manager
December 2, 2025, Item #6
A.
"SPECIAL
PROVISIONS"
EXHIBIT
"A"
Scope
of
Services.
Contractor
agrees
to
perform
Community
Road
Median
Concrete
Replacement
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.
8. Compensation
and
Reimbursement.
City
shall
pay
Contractor
a
fee
in
accordance
with
the
Fee
Proposals
submitted
in
writing
on
March
3,
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
December
3,
2025,
and
ending
December
2,
2026,
unless
sooner
terminated
by
City
as
provided
in
the section
of
this
Agreement
entitled
"Termination."
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
13 of
26 December 2, 2025, Item #6
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.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
14 of 26
December 2, 2025, Item #6
15 of 26
To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
Prestige Concrete
13505 Midland Rd
Poway, CA 92024
(Remainder of page intentionally left blank)
December 2, 2025, Item #6
ATTACHMENT 1
PROPOSAL/CONTRACT AGREEMENT
Bid Number:
Contractor/Owner:
City of Poway
14467 Lake Poway Road
Poway, CA 92064
PW 25001
Phone#: (858) 668-4737
DESCRIPTION OF WORK TO BE PERFORMED:
PRICING BASED ON:
1. Drawing:
2. Specification:
3. Soils Report:
4. Prevailing Wage:
None provided
None provided
None provided
Yes
Tentative Project Start Date: 30 Days
Bid Validity: Thirty (30) days
1) Demolition of 3" Dirt -North & Island -Ph 1
Includes: Excavate existing dirt, haul-off
Excludes: See below
3,375 SF
2) Concrete in Median -North & Island -Ph 1
Finish: Topcast #75
Email: [email protected]
Color: Davis or Equal 1.5Ib / sak Allowance
Concrete Thickness: 4"
Base Thickness: None
• J///1 Prestige Concrete
Date: 3/3/2025
Job Name and Location:
Community Road Medians
Community Road and Metate Lane
Poway, CA 92064
Attn: Jesse Gonzales
$16,717
Includes: 2500 psi concrete w integral color, Topcast finish, expansion joint at perimeter, hand tooled control joints
Excludes: Scarification, moisture conditioning, recompaction, removal of unsuitable materials, reinforcing, dowels, caulking, sealer
3,375 SF
3) Demolition of 3" Dirt -South -Ph 2
Includes: Excavate existing dirt, haul-off
Excludes: See below
1,455 SF
13507 Midland Road • Poway, CA 92064 • Tel: (858) 679-2772 • Fax: (858) 679-8499 • Lie. #739634 16 of 26
$52,362
$8,604
December 2, 2025, Item #6
4) Concrete in Median -South -Ph2
Finish: Topcast #75
Color: Davis or Equal 1.5Ib / sak Allowance
Concrete Thickness: 4"
Base Thickness: None
Includes: 2500 psi concrete w integral color, Topcast finish, expansion joint at perimeter, hand tooled control joints
Excludes: Scarification, moisture conditioning, recompaction, removal of unsuitable materials, reinforcing, dowels, caulking, sealer
1,455 SF
5) GENERAL CONDITIONS -Mobilization, Demobilization, In-House Scheduling and Coordinating, Samples, Traffic Control, Clean-up, Move-On Cost for Ph 2 1 LS
All Items Above Exclude:
Phase 1 (ONLY)
Phase 2
$10,290
$8,093
PRESTIGE CONTRACTING INC. LUMP SUM TOTAL:
Traffic control permit fees, testing costs, relocation of monuments, surveying, adjustment of untilities, night time and/or weekend hours
$24,038
$18,383
$120,104
Community Road Medians Concrete Proposal 3.3.25 2 of 6 Client Initial: ___ _ 17 of26
December 2, 2025, Item #6
Includes/Excludes: 0 denotes inclusions, □ denotes exclusions D Acid Bath
li1I Acid Etchlng/Topcast Retarder
D Adjustment of Ex Vaults/Boxes/Manholes
D Asphalt Paving and/or Petro-MaVFabric
D Backfilling
D Brow Ditches
D Caulking
D Cheek Walls at Stairs
D Class II Base
li1I Clean Up
D Compaction of Base Material Only
D Compaction Testing
D Compaction to 95% Maximum
D Concrete Patching
D Concrete Under Drains
D Concrete Walls
li1I Concrete Washout
D Continuous Inspection
D Cost for Additional Sets of Plans
D Cross Gutter
D Curbs
D Curbs and Gutters
D Decomposed Granite
0 Demolition
D Doweling into Existing Concrete
D Downspout Adapters
D Drainage for Walls
D Drainage Ditches
D Drains
D Dry-Packing
li1I Dump Fees
D Engineering
D Epoxy Dowels
D Excavation
D Expansion Cap
li1I Expansion Joints
0 Expansion Joints at Back of Curbs
D Fiber Mesh
D Filter Fabric
D Fine Grading
D Foam Fill
D Foundations
D Grade Received @ +/-.1 O' to Balance
li1I Haul Away Dirt
D Hidden Expansion Joints
li1I Integral Color
D Irrigation and Landscape Renovation
D Irrigation and Landscape Repairs
D Keyed Joints
D Lateral Dowels
D Light Bollard Footings
D Light Pole Footings
D Light Weight Concrete Fill
D Man Holes
Community Road Medians Concrete Proposal 3.3.25
18 of26
li1I Move Ons -1 EA
D Masonry Walls
D Mesh
li1I Mock-Ups
D MowCurbs
D OCIP/CCIP
D Off-site Work
D Overtime
D Paving Markings
D PCC Swales
li1I Permits -Fees waived by City
D Pipe Bollard Footings
li1I Placing & Finishing of Concrete
D Portable Sanitary Facilities (porta-potti)
D Pre-Cast Concrete
li1I Prevailing Wage
D Proof Rolling of Subgrade / Subbase
D Pumping as noted above
D Reinforcing Steel
D Repair to Damaged, Unforeseen Underground Obstacles
D Retaining Walls
D Rough Grading
li1I Samples
D Sand Base for Interlocking Pavers
D Sand Blasting
D SawCutting
D Scarification & Recompaction
D Schedule J Paving
D Sealer and/or Anti-graffiti Coating
D Signatory to Union Operators or Laborers
D Site Stormwater Prevention Program (SWPP)
D Stain
D Staking
D Stamping
D Special Inspection
D Structural Concrete
D Supply and Install of Anchor Bolts
D Supply and Install of Anchor Plates
D Supply and Install of Flagstone
D Supply and Install of Miscellaneous Metals
D Supply and Install of Pavers
D Supply and Install of Railings
D Supply and Install of Signage
D Supply and Install of Sleeves
D Supply and Installation of Formwork
D Surveying
D Temporary Fencing
D Thickened Edges
D Topping Slab
li1I Traffic Control / Pedestrian Control
D Turf Block Paving
D Waiver of Subrogation
D Wall Footings
D Wastewater Reclamation
3 of 6 Client Initial: ___ _
December 2, 2025, Item #6
Prestige Concrete reserves the right, that in the event of significant material or commodity price escalation after the bid date, to equitably adjust its price which will be reconciled upon contract execution. Our proposal is also based on industry standard material and equipment delivery lead times after approval. Significant supplier delays in material or equipment delivery schedules shall be an excusable delay and the project schedule will be equitably adjusted accordingly. In addition, Prestige Contracting, Inc. 's contract to perform the work subject to this proposal will contain mutually agreeable terms to address significant material or commodity price escalation and delivery delays that are not foreseen at contract execution.
For quantitative reasons, our proposal may be broken down into various items along with corresponding quantities and unit prices. These such items may not necessarily be meant to stand alone. In other words, fixed costs, mobilizations, demobilizations, equipment, general conditions and rates of productivity may be shared among and spread across various items throughout our proposal, so deletion of one item may cause the cost of other items to increase. Therefore, if quantities increase or decrease, or if items are eliminated completely, the above unit pricing of the remaining line items may increase.
Unless noted otherwise, our proposal is based on a lump sum total with all items listed being included in the lump sum. If individual item pricing is given, this is for convenience only. Certain set costs may be spread out over all of the line items, therefore if any individual items are deleted, this may cause an increase in price of the remaining line items.
If Prestige Concrete is to be held liable for ADA maximum slope compliance, then verification of slopes must be made within 72 hours of each pour, by others. Due to conditions beyond our control, such as potential soil movement, concrete curling, etc., PC/ cannot be held liable for ADA issues not discovered within 72 hours of pour.
For installations incorporating an "Etched", "Top Cast" or "Retardant" finish on the concrete, some inconsistencies in the amount of aggregate exposure in the finish are to be anticipated. Concrete mix designs with high strength or high cement content, particularly those in excess of 3,000 psi, are more prone to cause inconsistencies in these types of finishes. Inclement weather (very hot or very cold) may also cause inconsistencies in these types of finishes. Prestige Concrete can not to be held liable for inconsistencies in the finish when these factors are present. Additionally, it is not uncommon for a "laitance" or "white milky film to appear on the surface with these types of finishes. A light acid bath or buff wash will typically remove this laitance. The cost for such additional cleaning is not included in the pricing unless specifically stated above.
Due to discrepancies between the architectural, structural, civil and landscape plans, details and specifications, this proposal is based on the plans, details and specifications for site landscape construction and not architectural, structural and/or civil construction unless noted otherwise.
IN THE EVENT THAT THIS DOCUMENT DOES NOT SERVE AS THE PRIMARY CONTRACT, IT IS THE INTENT THAT
THE FOLLOWING TERMS AND CONDITIONS WILL BE INCORPORATED AS AN ADDENDUM INTO THE FINAL CONTRACT.
SITE CONCRETE STANDARD EXCLUSIONS/ TERMS/ CONDITIONS/ QUALIFICATIONS
THESE ITEMS APPLY IF NOT SPECIFICALLY QUALIFIED ABOVE
1 GENERAL: Traffic and pedestrian control (signs, barricades, permits, traffic control plan), permits, fees, bond fee, waiver of subrogation.
Community Road Medians Concrete Proposal 3.3.25 4 of 6 Client Initial: ___ _ 19 of 26
December 2, 2025, Item #6
2 INSURANCE:
General
Liability
and
Worker's
Compensation
costs
on
OCIP
, CCIP
, WRAP
are
excluded
from
the
costs
. If
an
OCIP
or
CCIP
is
to
be
provided
on
this
project
, the
above
pricing
applies
to
a
maximum
$5
,000
deductible
or
SIR
on
the
OCIP/CCIP.
Any deduct
ible
or
SIR
amount
required
in
excess
of
$5,000
shall
be
added
to
the
contract
price.
3 ENGINEERING:
Engineering
, staking,
testing
, inspection
.
STAKING
REQUIREMENTS:
Staking
(furnished
by
others)
for
site
concrete
to
be
as
follows
:
Curbs
-at
radius
points,
beginning
and
ending
of
curbs
, 25'
on
center
at
long
radius
areas
and
50'
on
center
at
straight
areas
.
Flatwork
-corner
,
ridgelines
and
flow
lines
.
Walls
-at
radius
points,
beginning
and
ending
of
walls
, 25'
on
center
at
long
radius
areas
and
50'
on
center
at
straight
areas,
steps
in
footings
or
grade
breaks
.
4 GRADING:
Removal
or
replacement
of
unsuitable
or
wet
subgrade
material
, potholing
for
relocation
or
adjustment
of
utilities,
weed
control
, import
and
export
of
soils,
rock
removal
or
handling,
protection
of
work
from
runoff,
dewatering
and
all
added
costs
associated
with
re-cleaning
of
footing
excavations
, scarify,
moisture
condition
and
recompact
subgrade
for
curbs
or
flatwork
paving,
backfill
curbs,
wall
or
footings,
base
material
beneath
curb/gutter,
grading
and
compaction
of
subgrade
due
to
inclement
weather
and
flooding
.
SUBGRADE
CONDITIONS:
Subgrade
for
flatwork
to
be
provided
by
others
to
within
.1 O'
to
balance
.
Rough
grading
by
others
to
provide
proper
clearance
for
form
placement.
Prestige
Concrete
(PC)
is
not
responsible
for
setting
grades
,
checking
elevations
, and/or
compacting
soils
unless
otherwise
noted
in
this
proposal/contract
agreement.
Water
to
be
provided
within
150'
of
work
area
by
others
.
Bid
is
based
upon
properly
compacted,
clean
soils
conditions free
of
rock,
cobble,
roots
and
ground
water
and
does
not
include
import
or
export
of
soil
or
spoils
unless
otherwise
noted
in
th
is
proposal/contract.
Should
any
of
these
conditions
arise
during
construction
, the
contract
shall
be
equitably
adjusted
with
a
Change
Order
.
The
condition
of
the
subgrade
shall
be
the
sole
respons
ibility
of
the
Owner/Contractor
to
include
expansiveness
and
compaction.
PC
is
not
responsible
for
any
salts
or
alkaline
deposits
that
could
appear
on
the
concrete
surface.
5 WATERPROOFING:
Furnish,
patch
or
repair
waterproofing
or
protection
boards.
6 DRAINAGE:
Trench
drain
furnished
or
installed,
cut
off
walls
, drainage
structures,
inlets,
clean
outs,
catch
basins
,
manholes,
wing
headwalls,
Type
D-75
brow
ditch,
all
concrete
drainage
swales
or
ditches
that
are
noted
as
"concrete,
air
placed
concrete
or
gunite",
concrete
around
area
drains
, trench
resurfacing
, Type
D-25
or
D-27
curb
outlet,
drain
pipe,
fitt
ings
, grates,
wall
drainage
or
aggregate
backfill
.
7 ELECTRICAL
&
MECHANICAL:
Conduits,
wire,
grounding
rods,
anchor
bolts
and/or
templates,
transformer
pads,
mechanical
or
electrical pads
, light
fixture
footings,
light
pole
bases,
drypacking.
8 FENCING,
GATES
AND
HANDRAILS:
Fence
post
footings
, handrail
post
footings,
engineering
or
supplying
or
setting
of
gate
post
footings,
adjusting
or
altering
existing
gate
heights
to
accommodate
new
concrete
elevations,
core
drilling
for
posts.
9 LANDSCAPE:
Mow
curb
, backflow
preventer
or
controller
pad
, furnish,
assemble
or
install
tree
grates
and
frames
.
10 MISCELLANEOUS:
Sawcut
or
demolition
of
existing
work
, furnish
or
install
precast
items,
detectable
warning
surface,
schedule
"J"
paving
.
11 BID
DAY
ISSUES:
PC
is
a
non
-union,
SBE
company
with
a
bond
fee
rate
of
3%
that
is
not
included
in
this
price.
Non
prevailing
wage
rates
included.
Waivers
of
Subrogation,
Broad
Form
and
Type
I Indemnification
at
a
rate
of
3%
is
not
included
in
this
price
.
Price
is
based
on
plans
and
soils
report
referenced
above.
Payment
and
performance
bonds
are
not
included
in
the
above
proposal
unless
otherwise
noted.
Community
Road
Medians Con
crete
Propo
sal
3.3.25 5
of
6 Client
Initial
: __
_
20 of26
December 2, 2025, Item #6
12 MOVE-ONS:
See
our
Inclusions.
Additional
move-on
will
be
charged
at
$3,800
each.
13 INSTALLATIONS:
PC
strongly
recommends
that
job-site
samples
or
mock-ups
of
each
architectural
color,
pattern,
texture
and/or
finish
be
produced
for
this
job.
The
costs
for
these
samples
or
mock-ups
are
excluded
from
the
price
unless
specifically
stated
otherwise
in
this
proposal/contract
agreement.
PCI
is
not
responsible
for
any
dissatisfaction
due
to
color,
pattern,
texture
or
finish
when
job-site
samples
or
mock-ups
are
not
produced.
Job-site
samples
or
mock-ups
will
provide
the
best
comparison
for
actual
installation,
however,
some
variations
in
color,
pattern,
texture
and/or
finish
should
be
anticipated. Several
concrete
finishes
provided
by
PC
require
the
use
of
substances
which
may
permanently
stain
adjacent
surfaces
and
flooring,
PC
will
take
all
reasonable
precautions
to
protect
surrounding
areas
but
will
not
be
responsible
for
any
staining,
damage
caused
by
protective
materials,
and/or
damage
to
existing landscaping,
irrigation,
or
electrical
systems,
cabinets,
baseboards
or
painted
walls.
PC
cannot
be
held
responsible
for
concrete
cracking.
Installation
of
this
concrete
flatwork
per
plans
and
specifications
will
not
eliminate
the
normal
random
cracking
which
results
from
shrinkage
and
soil
movement.
Cracks
and
vertical/horizontal
offset
should
be
anticipated.
Any
recommendations
are
provided
only
in
order
to
help
control
expected
concrete
cracking.
PC
shall
perform
its
work
prior
to
final
asphalting
operations
and
shall
not
be
responsible
for
street
cleaning,
unless
otherwise
noted
in
the
proposal/contract
agreement.
A
concrete
washout
area
is
to
be
provided
by
the
owner/contractor
per
state
specifications
and
accessible
by
an
all
weather
road
. Unless
otherwise
noted
in
this
proposal/contract
agreement,
the
disposal
off
site
of
slurry,
contaminated
water
and
any other
contaminants
resulting
from
our
operations
will
be
the
responsibility
of
the
owner/contractor.
Contractor
is
to
supply
a
safe,
secure
area
to
store
our
materials
if required.
All
work
to
be
performed
during
normal working
hours,
Monday
through
Friday,
7:00
am
to
4:00
pm,
unless
otherwise
noted
in
this
proposal/contract
agreement.
14 CONTRACT
ISSUES:
If
a
contract
between
the
General
Contractor
and
Prestige
Concrete
has
not
been
fully
executed
prior
to
the
start
of
any
work,
then
this
proposal
in
it's
entirety
shall
become
the
Agreement
and
only
Agreement
between
the
General
Contractor
and
PC.
Work
performed
on
a
Time
&
Material
basis
will
be
issued
a
change
order
within
30 days
of
change
order
request.
Quantities
are
approximate
and
are
to
be
field
measured
after
pour
unless
otherwise
noted
in
this
proposal/contract
agreement.
If
the
contract
square
footage
decreases
by
ten
percent
( 10%)
or
more,
PC
reserves
the
right
to
adjust
the
unit
cost. Prestige
Concrete
standard
insurance
coverage
is
included
in
above
proposal.
Three
sets
of
plans
and/or
specifications
are
to
be
provided
to
PC
at
no
expense.
Any
change
order
work
will
be
costed
out
using
PC
standard
overhead
and
profit
rates.
This
proposal
shall
be
valid
for
30 days.
All
work
performed
after
said
date
shall
be
subject
to
any
and
all
cost
increases
in
labor
and
material.
PaymenUBilling
Terms
:
Billing
to
be
twice
a
month
on
the
1st
and
15th
of
every
month,
net
10 days,
no
retention
A
finance
charge
of
1.5%
per
month
will
be
charged
on
accounts
past
due.
Any
legal
fees
or
other
collection
costs
incurred
by
PC
arising
from
failure
to
receive
payment
in
a
timely
manner
will
be
reimbursed
to
PC.
Submitted
by:
Brad
tucker
Accepted
by:
--------------
-------------------
PREST
I GE
CONCRETE
Date:
-------------------
Estimated
by:
BT
Community
Road
Medians
Concrete
Proposal
3.3.25 6
of
6 Client
Initial:
__
_
21 of26
December 2, 2025, Item #6
EXHIBIT
"B"
Cal
Gov
Code§
7522.56
Deering's
California
Codes
are
current
through
all
1016
chapters
of
the
2018
Regular
Session
and
the
November
6,
2018
Ballot
Measures.
Deering's
California
Codes
Annotated>
GOVERNMENT
CODE>
Title
1 General>
Division
7 Miscellaneous>
Chapter
21 Public
Pension
and
Retirement
Plans
> Article
4 California
Public
Employees'
Pension
Reform
Act
of
2013
§ 7522.56.
Provisions
applicable
to
person
receiving
pension
benefit
from
public
retirement
system;
Section
supersedes
conflicting
provisions
{a)This
section
shall
apply
to
any
person
who
is
receiving
a
pension
benefit
from
a
public
retirement
system
and
shall
supersede
any
other
provision
in
conflict
with
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)
22 of
26 (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
December 2, 2025, Item #6
any unemployment insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
23 of 26
(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.
December 2, 2025, Item #6
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 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).
24 of26
December 2, 2025, Item #6
GUARANTY
To the City of Poway, City Council, for:
PUBLIC FACILITIES RENOVATION COMMUNITY ROAD MEDIAN CONCRETE
REPLACEMENT
The undersigned guarantees the work included in this project(s).
Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.
Contractor
Date
25 of 26
December 2, 2025, Item #6
WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." Contractor
By:
Title
Date
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
26 of 26