May 5, 2026, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
May 5, 2026
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Service~
Miguel Solano, Associate Engineer
(858) 668-4653 or [email protected]
CITY COUNCIL
Approval of Consultant Agreement Amendment No. 1 with Bowman Consulting Group LTD., formerlyProject Design Consultants, for the Community Park Concrete Ribbon Drain Project; RFP No. 24-003
Bowman Consulting Group LTD. ("Bowman") was selected as the most qualified consultant to prepare the Community Park Concrete Ribbon Drain Assessment and preliminary design alternatives. After evaluating several channel repair options, re-grading and revegetating the channel was determined to best support the City's long term goals for channel stability and erosion control. Amendment No. 1 to the existing agreement with Bowman will include completion of final design, environmental permitting and construction administration services for the Community Park Concrete Ribbon Drain project.
Recommended Action:
It is recommended the City Council approve Amendment No. 1 (Attachment A) to the existing agreement with Bowman for the Community Park Concrete Ribbon Drain Project, increasing the original contract amount by $437,631 for a total contract amount of $577,296, and authorizing the City Manager to execute the necessary documents.
Discussion:
Rattlesnake Creek runs southwesterly through Community Park via an open earthen channel and concrete ribbon gutter constructed in the late 1970s. The ribbon gutter is a concrete swale that serves as a low flow channel for Rattlesnake Creek. It is located between the tennis courts and park playground and eventually outlets into a larger trapezoidal concrete lined open channel just south of the pedestrian bridge. Approximately 550 lineal feet of the concrete swale has broken into pieces, exposing the earth in several locations. During storm activity, water flowing through the channel further erodes the exposed earth and undermines the existing concrete ribbon gutter.
On August 3, 2023, the Development Services Department issued a Request for Proposal (RFP) to assess the existing condition and perform a feasibility study and p_reliminary design for channel repair and enhancement. The City received proposals from two consulting firms. After evaluating and 1 of 53
May 5, 2026, Item #7
scoring
the
proposals,
staff
concluded
Bowman
was
the
most
qualified
consultant
based
on
their
experience
with
similar
projects.
The
purpose
of
awarding
Bowman
a
contract
for
assessment
and
preliminary
design
services
(Attachment
B)
was
to
evaluate
existing
channel
conditions
and
develop
and
compare
repair
and
enhancement
alternatives
prior
to
proceeding
with
final
design
of
the
project.
The
scope
of
work
included
evaluation
of
approximately
550
linear
feet
of
open
earthen
channel
and
concrete
ribbon
gutter,
development
of
remediation
and
repair
options
and
preparation
of
a
feasibility
study
to
prevent further
erosion
and
channel
degradation.
The
assessment
also
evaluated
opportunities
to
improve
habitat
protection,
water
quality,
and
overall
creek
function
using
nonstructural
design
elements,
where
feasible.
In
addition,
it
identified
anticipated
environmental
clearances,
regulatory
permitting
requirements,
and
a
cost
benefit
analysis
of
the
proposed
alternatives. The
consultant's
assessment
of
the
Community
Park
Concrete
Ribbon
Drain
project
evaluated
several
alternatives
and
advanced
two
options
for
further
consideration.
Option
1 proposed
replacement
of
the
existing
low
flow
concrete
ribbon
gutter
with
a
wider
concrete
channel
and
localized
concrete
repairs
near
the
pedestrian
bridge,
which
would
address
immediate
deficiencies
but
would
not
address
long-term
erosion
. Option
3 proposed
removal
of
the
failing
ribbon
gutter
and
replacement
with
regraded
channel
contours,
drop
structures,
and
native
vegetation
to
stabilize
the
creek
banks
and
reduce
erosion.
Option
3 is
intended
to
provide
a
more
durable
long-term
solution
(Attachment
C).
Based
on
review
of
the
consultant's
assessment,
City
staff
evaluated
the
alternatives
and
determined
that
Option
3 best
supports
the
project's
long-term
goals
related
to
channel
stability,
erosion
control
and
overall
creek
function.
Option
3 is
also
more
likely
to
receive
approval
from
the
resource
agencies
since
it
is
a
more
natural
and
sustainable
solution.
An
additional
alternative,
Option
2,
proposed
replacement
of
the
failing
ribbon
gutter
with
a
reinforced
grass
channel
utilizing
turf
reinforcement
mats,
vegetation
and
regraded
slopes
to
reduce
erosion
while
maintaining a
landscaped
area
adjacent
to the
playground.
Option
2 was
not
advanced
for
further
consideration
due
to
anticipated
maintenance
challenges,
limited
suitability
for
regular
foot
traffic
and
aesthetic
concerns
related
to the
proposed
materials.
The
original
consultant
agreement
was
approved
at
the
October
17,
2023,
City
Council
meeting
for
an
amount
of
$139,665.
Bowman
has
submitted
a
proposal
to
advance
the
project
through
final
design,
environmental
permitting
and
construction
administration
for
the
Community
Park
Concrete
Ribbon
Drain
Project
at
an
additional
cost
of
$437,631.
Upon
approval
of
Agreement
Amendment
No.
1,
the
revised
not-to-exceed
fee
will
total
$577,296.
Approval
of
this
Agreement
Amendment
No.
1 will
provide
professional
engineering
and
landscape
architectural
services
for
the
Community
Park
Concrete
Ribbon
Drain
project
and
authorize
Bowman
to
advance
Option
3 through
final
construction
documents,
cost
estimates,
environmental
permitting
and
construction
support
services.
Environmental
Review:
This
action
involves
approval
of
a
consultant
agreement
amendment
for
design,
environmental
review,
permitting,
and
construction
administration
services
and
does
not
constitute
approval
of
a
construction
project
or
a
commitment
to
a
definite
course
of
action.
Accordingly,
the
action
is
not
a
"project"
under
CEQA
pursuant
to
State
CEQA
Guidelines
Section
15378,
as
it
is
an
administrative
activity
that
will
not
result
in
a
direct
or
reasonably
foreseeable
indirect
physical
change
in
the
environment.
Any
future
construction
activities
assodated
with
the
Community
Park
Concrete
Ribbon
2 of
53 May 5, 2026, Item #7
Fiscal Impact:
There is sufficient funding available in the Community Park Concrete Ribbon Drain project account (DR008) to fund the services included in this Amendment. Funding for this project has been appropriated in the adopted Budget from Drainage Funds 2310 and 2320. No additional appropriation is required.
Public Notification:
None.
Attachments:
A. Amendment No. 1
B. Standard Agreement
C. Concept Design Option 3
Tracy Stevens
Assistant City Manager
3 of 53
Reviewed By:
Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
May 5, 2026, Item #7
FIRST AMENDMENT TO STANDARD
AGREEMENT FOR SERVICES
This FIRST AMENDMENT TO AGREEMENT is made and entered into effective this 6th day of May, 2026, by and between the CITY OF POWAY, a municipal corporation (the "CITY"), and PROJECT DESIGN CONSULTANTS, a BOWMAN COMPANY, ("CONSUL TANT").
RECITALS
1. CITY and CONSUL TANT entered into that certain "STANDARD AGREEMENT FOR SERVICES," dated October 18, 2023, (the "AGREEMENT"), by which CITY and CONSULTANT established the terms and conditions to prepare an engineering study and assessment for the Community Park Concrete Ribbon Drain Project.
2. This FIRST AMENDMENT TO STANDARD AGREEMENT FOR SERVICES (the "FIRST AMENDMENT") is necessary to revise the compensation and reimbursement terms of the AGREEMENT.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Section B of EXHIBIT "A" ('SPECIAL PROVISIONS") of the AGREEMENT is amended to read as follows:
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the amended Fee Proposal dated April 1, 2026, which is included in this document as Attachment 1. The amended scope and basis of payment shall be in accordance with the not-to-exceed fee of Four Hundred Thirty-Seven Thousand Six Hundred Thirty-One dollars ($437,631.00). Total fee is not to exceed Five Hundred Seventy-Seven Thousand Two Hundred Ninety-Six dollars ($577,296.00). 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.
Section 2. Except as otherwise amended by this FIRST AMENDMENT, all other terms and conditions of the AGREEMENT shall remain in full force and effect. (Remainder of page intentionally left blank)
4 of53 ATTACHMENT A
May 5, 2026, Item #7
IN WITNESS WHEREOF, the parties hereto have caused this FIRST AMENDMENT to be executed the day and year first above written.
CITY OF POWAY
By _____________ _
Chris Hazeltine, City Manager
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
Alan Fenstermacher, City Attorney
5 of 53
PROJECT DESIGN CONSULT ANTS,
a BOWMAN COMP ANY
By _____________ _
Chelisa Pack, PE, Senior Project Manager
2 May 5, 2026, Item #7
Bowman
F26-078 I 360164-01-001
March 27, 2026
Revised April 1, 2026
City of Poway
Development Services Department
Attention: Miguel Solano, Assistant Engineer
13325 Civic Center Drive
Poway, California 92064
ATTACHMENT 1
Re: Poway Community Park Channel (the "Project")
Change Order Number 1 to provide Engineering and Landscape Architectural Services (the "Change Order")
Dear Mr. Solano,
Bowman is pleased to submit this Change Order to provide Engineering and Landscape Architectural Planning Services for the Poway Community Park Channel project, based on our Standard Form of Agreement for Rattlesnake Creek in the City of Poway. It is our understanding that the City intends to have the consultant team move forward with the preferred alternative (Option 3) for final construction documents (Final Engineering). This phase of the project will include preparation of Construction Documents, Cost Estimates, Construction Administration Support, RFl's, Construction Meetings, As-Builts, and Environmental Permitting Assistance.
It is assumed that the project's schedule will be dictated by the environmental permitting schedule and FEMA approval of the CLOMR. Since the environmental permitting schedule depends on the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), the California Department of Fish and Wildlife (CDFW), and the CEQA permitting pathway, a detailed project schedule can be prepared after the environmental documents have been prepared. However, to be conservative, it is anticipated that the project's permitting process will take a minimum of one year.
SCOPE OF SERVICES AND FEES
The scope of services (the "Scope") and associated fees shall be as follows:
Civil Engineering Plan Permit Services
1. Project Team Coordination
Provide engineering services to attend meetings with the Client and public agencies and coordinate the engineering documents with the consultant team. Includes ongoing project meetings to ensure alignment with the project and regulatory requirements. This includes coordination with the City, hydraulic engineer, environmental consultant, geotechnical engineer, cost estimator, and FEMA, as necessary, to coordinate the design. Includes data file transfers, including AutoCAD basefile coordination. Approximately 120 hours is included for this effort.
HOURLY NTE $ 27,500
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619.235.6471
bowman.com
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2. Engineering Construction Drawings (60%)
Prepare detailed engineering grading plan construction documents for construction using the City's CIP format. It is our understanding that the project plans will be based on moving forward with implementing the Option 3 channel design from the project assessment report. A design refinement of Option 3 will be included to enhance the drop structure design to potentially add a pedestrian crossing. The project design shall be prepared in AutoCAD format. The scale of the plans shall be 1- in = 20-ft and the topography previously developed for the project using the NAVD88 vertical datum.
Assumes that the plans will consist of seven (7) sheets (one (1) Title Sheet, two (2) Detail Sheets, two (2) Grading Sheets, and two (2) Erosion Control Sheets). The plan will include the following: channel plan and profile design, existing features and utilities, proposed contours and daylight lines, drop structure details, riprap details, dimensions, existing floodplain linework, proposed floodplain linework, channel details, and construction notes. The erosion control plan will include erosion control measures, relevant notes, and details, in compliance with Poway Municipal Code 16.50.170. The construction documents and any other applicable submittal documents will be submitted to the City of Poway. The first submittal will be a 60% level design package.
HOURLY NTE $ 42,000
3. Engineering Construction Drawings (90%)
Respond to City plan check comments and revise the plans to prepare a resubmittal package for the 90% construction documents submittal. Task also includes coordination with subconsultants for resubmittal documents. Before each scheduled submittal of the construction documents, the project team will provide a Quality Control check of the design plans.
HOURLY NTE $ 16,000
4. Engineering Construction Drawings (100%)
Respond to City plan check comments and revise the plans to prepare a resubmittal package for the 100% construction documents submittal. Task also includes coordination with subconsultants for resubmittal documents. Before submittal of the final 100% construction documents, the project team will provide a Quality Control check of the design plans.
HOURLY NTE $ 10,000
5. Standard Storm Water Quality Management Plan (SWQMP) Prepare a Standard SWQMP using the City's template describing the site's site design and source control BMPs. Also included is preparation of the City's Storm Water Intake Form.
HOURLY NTE $ 1,000
6. Storm Water Pollution Prevention Plan (SWPPP)
Prepare a SWPPP in accordance with the new 2022 Construction General Permit (CGP). Note that currently the disturbance area may be less than one (1) acre, but the project impact limits may grow as the grading and landscape design progresses to result in a disturbance area greater than one (1) Poway Community Park Channel Change Order No. 1 R1 I 360164-01-001 Revised April 1, 2026
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May 5, 2026, Item #7
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acre, which would require a SWPPP. If the final limits are less than one (1) acre, this scope item can be eliminated. This scope item includes evaluation of the project's Risk Level (1, 2, or 3). This scope assumes the project will be subject to Risk Level 1 requirements. If it is determined that the project falls under a higher risk level, additional authorization will be required for the additional work.
Bowman will develop the initial SWPPP, including the site description addressing the elements and characteristics specific to the site, descriptions of BMPs for erosion and sediment controls, descriptions of BMPs for construction waste handling and disposal and good housekeeping BMPs, description of proposed post-construction controls, details of non-storm water management, a construction site sampling, monitoring, and inspection plan for non-visible pollutants and effluent discharges, and project phase maps. A construction site monitoring plan (CSMP) will be included with monitoring procedures and instructions, forms, and checklists. Assumes CGP buffer requirements are not applicable because it is assumed that the project qualifies for an exemption, due to the water body-dependent construction. Bowman will not file the Permit Registration Documents (PRDs) electronically on the Water Board's SMARTS system, as it is expected that the selected contractor will do so based on the draft SWPPP, once the contractor is selected, and before construction.
HOURLY NTE $ 9,000
7. Contract Specifications
Contract outline specification shall include the City's General and Technical Provisions from the Supplemental Engineering Standards. It is assumed that the City will provide the templates for the consultant team's use.
HOURLY NTE $ 2,500
8. Contract Construction Administrative Support
Assist with oversight and coordination during the construction phase and during the pre-bid phase.
It is assumed that these services will include attendance at the pre-con meeting and virtual attendance at meetings. The consultant team will assist the City in reviewing received bids.
Approximately 22 hours is included for this effort.
HOURLY NTE $ 5,000
9. Construction Support/RFls
The consultant team will assist City staff with Request for Information (RFI) questions during the construction phase and during the pre-bid phase. Provide support in addressing RFls and reviewing construction submittals during construction from the contractor to clarify project details. We have budgeted to review five (5) construction submittals and 10 RFls.
HOURLY NTE $ 8,000
10. QSD SWPPP Support Services During Construction
Includes QSD SWPPP support services during construction, including the QSD onsite visual inspections as outlined in the permit (initial and twice annually, as a minimum). Also includes preparation of SWPPP amendments and COis, if needed, when requested by the Client. Scope also includes miscellaneous SWPPP support when needed.
Poway Community Park Channel Change Order No. 1 R1 [ 360164-01-001 Revised April 1, 2026
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4 I
Note: Excludes Qualified SWPPP Practitioner (QSP) services. It is assumed that the contractor will provide a certified QSP to oversee implementation of the SWPPP in the field including QSP inspections, annual reports, Notice of Termination, etc. and will coordinate with the QSD as necessary.
HOURLY NTE $ 2,000
11. As-Built Preparation
The consultant team will prepare as-built record drawings at the completion of construction.
Assumes the contractor will provide the team with a redline of the known field changes. Bowman will prepare a red line of the approved drawings using the contractor's redlines, field visit to confirm the as-built conditions, and any other record of changes during construction (RFls, emails, calls, meetings, etc.). The final red lines will be used to create digital as-builts in order to document the final constructed conditions for future reference. The scope of work excludes mylar changes, as it is our understanding that the City has converted their process to digital as-builts.
HOURLY NTE $ 9,000
HOURLY NTE "'--$---'7=32=, o=o=o
TASK 1 -TASK 11 SUBTOTAL $ 732,000
Landscape Architecture Plan Permit Services
12. Project Management. Coordination. and Meetings
Prepare and attend meetings with the Client, engineer, public agencies, and other consultants as requested for project start-up and coordination during the design process. This task includes meetings with public agencies to resolve pertinent issues and comments. It also includes tasks and other miscellaneous project coordination with Client and co-consultants, and can include communications by phone, e-mail, virtual meetings, and other times associated with the project.
Coordination will be provided on a time-and-materials basis in accordance with the original agreement rates. Budget allocation assumes approximately four (4) hours per month for nine (9) months. If Bowman needs additional hours to complete the project beyond what is allocated for, it will be an extra to this contract. This will include application preparation for the multi-disciplinary meeting with the City of Poway.
HOURLY NTE $ 7,725
13. Landscape Plans for Rattlesnake Creek Channel Restoration Bowman will provide landscape architectural services for the preparation of landscape construction documents based on the grading plans for the Creek restoration. Processing plans through the City of Poway is included, and it is assumed processing through outside Agencies will not be required.
The landscape plans will be based on the proposed overall site improvements and shall be submitted for 60%, 90%, and 100% review. Plans shall be prepared in CAD at 1-in = 20-ft scale.
A. Site Hardscape and Construction Plans: Prepare hardscape plans to illustrate paving, mow curbs, scoring patterns, fencing, material schedule, locations, and dimensions. Plans will additionally include any decorative boulders and rock materials, including general color, dimensions, and locations. Interim and permanent fencing layouts will be provided. Walkway Poway Community Park Channel Change Order No. 1 R1 I 360164-01-001 R~vised April 1, 2026
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connections will be provided as shown in the Assessment Report. Potential 48-in wide pedestrian creek crossing at drop structures to be explored as part of the final creek design.
Landscape maintenance will be by the City of Poway.
B. Site Irrigation Plans: Prepare irrigation plans along and throughout the park areas. Plans will illustrate backflow and pressure regulation devices, master controller valves, remote control valves, piping, drip, and spray head locations. Bubblers will be designed for tree locations.
Irrigation details and specifications will be provided. One individual irrigation meter will be proposed to service the restoration area.
C. Site Planting Plans: Specialized planting for the restoration and wetland area planting will be provided in conjunction with the project biologist. In coordination with the biologist, we will be illustrating locations for container plants and seed mixes to reestablish the project area.
Planting details, site-specific restoration specifications and notes will be provided.
MAWA/ETWU will be calculated and provided on the plans and shall be under the maximum water use allowed for the site. Plants will be compliant with the approved biological technical report.
D. Details and Specifications: Details and specifications will be provided for hardscape, irrigation and planting as needed for bidding and construction. Specifications will be in a Master Specification format.
E. Improvement estimate: Grading related landscape improvement permit estimates will be prepared in coordination with J.T. Kruer and Co. and processed with the engineering plans.
F. Processing and response to comments: Up to two (2) plan checks through the City of Poway will be provide with responses to comments.
HOURLY NTE $ 32,960
14. Other Agency Processing Coordination
Coordination and comments with ACOE, CDFW, RWQCB and CEQA preparation will be coordinated with RECON for processing.
HOURLY NTE $ 9,270
15. Construction Administration
A. Construction Coordination and Bidding Assistance: Involves construction coordination with the Client, engineers, and contractors for restoration area. Project implementation including a pre construction kick-off meeting and continued meeting attendance as needed in person or via video conferencing software (Zoom). Responses to Requests For Information (RFI) and clarifications of the plan's design will be provided. Tasks will be conducted on an hourly basis.
Approximately 16 hours have been budgeted for this task.
B. Site Observation: Involves coordination with the Client and contractors for the restoration area and attend as needed site meetings including a review of existing conditions, observation for the irrigation layout, pressure checks, planting placement, and irrigation operation for the site.
The public and private streets serving these lots, will be reviewed as needed. Tasks will be Poway Community Park Channel Change Order No. 1 R1 I 360164-01-001 Revised April 1, 2026
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conducted on an hourly basis including .one (1) post-construction meeting. Approximately 40 hours have been budgeted for this task.
C. Landscape Record Drawings, and Project Close-Out: Process approved final plans through the City of Poway for bond exoneration. Bowman will perform a minimum of one (1) site visit to ensure expected plant establishment at the end of the contractor's maintenance period. If necessary, a punch list and follow-up site inspection will be performed prior to project sign off.
This task includes all portions of the project limit of work. Approximately 40 hours have been budgeted for this task.
HOURLY NTE $ 15,450
HOURLY NT£ "'"'$---=65=-.4.,_,0=5
TASK 72-TASK 15 SUBTOTAL $ 65,405
Subconsultant Work for Civil Engineering Plan Permit Services
16. CLOMR/Floodplain Study {Subconsultant Chang Consultants) Prepare proposed condition HEC-RAS analyses for the 60%, 90%, and 100% design. The grading and landscape drawings will be provided by Bowman. The 10-, 50-, 100-, and 500-year flows will be analyzed along with a regulatory floodway. Prepare a Conditional Letter of Map Revision (CLOMR) including the hydraulic analyses, 100-year and 500-year floodplain mapping, and floodway mapping.
The CLOMR will also include the required report text, forms, mapping, notices, etc. The CLOMR will serve as the hydraulic report and will be submitted at the 60%, 90%, and 100% levels, as needed. The environmental consultant must provide documentation that satisfies FEMA's Endangered Species Act requirements. The City will be responsible for FEMA's CLOMR fee, which is currently around $7,000.
A Letter of Map Revision (LOMR) will be required upon project completion. Since completion is many years away, a LOMR proposal will not be prepared until that time. The LOMR fee might be in the range of $10,000 to $15,000 (excluding fees) assuming the project is completed within the next five (5) years, and will be contracted for during the construction phase.
HOURLY NTE $ 30,000
17. CLOMR/Floodplain Study Processing {Subconsultant Chang Consultants) Assist with resource agency permitting. Attend meetings and perform processing of the project Floodplain Study and the CLOMR. A total of 61 hours at a rate of $180 per hour is budgeted for this effort.
HOURLY NTE $ 11,000
18. Geotechnical Investigation Report {Subconsultant GEOCON) Subconsultant GEOCON will prepare a final geotechnical investigation report per the attached scope of work in Exhibit A dated March 24, 2026.
HOURLY NTE $ 5,000
19. Geotechnical Design Consultation {Subconsultant GEOCON) Poway Community Park Channel Change Order No. 1 R1 I 360164-01-001 Revised April 1,_ 2026
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Subconsultant GEOCON will provide geotechnical design consultation per the attached scope of work in Exhibit A dated March 24, 2026.
HOURLY NTE $ 2,600
20. Geotechnical Geotechnical Observation {Subconsultant GEOCON) Subconsultant GEOCON will provide geotechnical observation and testing services during the grading improvements per the attached scope of work in Exhibit A dated March 24, 2026.
HOURLY NTE $ 45,300
21. Cost Estimate (Subconsultant JT Kruer)
Subconsultant JT Kruer will prepare a cost estimate based on the 60%, 90%, and 100% construction documents per the attached scope of work in Exhibit B dated March 23, 2026.
HOURLY NTE $ 9,576
22. CEQA Environmental Permitting {Subconsultant RECON) Subconsultant RECON will perform Tasks 1 - 8 per the attached Exhibit C Scope of Work dated March 5, 2026.
HOURLY NTE $ 136,750
HOURLY NTE "'-$--=2-'--'40""",2=2=6
TASK 16-TASK 22 SUBTOTAL $ 240,226
TOTAL CHANGE ORDER NO. 1 $ 437,631
ASSUMPTIONS, CLARIFICATIONS, & EXCLUSIONS
1) This proposal is based on the scope of services indicated herein and the information available at the time of the proposal preparation.
2) Irrigation audits, if required, will be provided by others. 3) If any additional services are required due to unforeseen circumstances and/or conditions, Client or regulatory requested revisions, additional meetings, regulatory changes, etc., Bowman will notify the Client that additional scope of work and fees are required and will obtain the Client's written approval prior to proceeding with any additional work.
4) The Client shall be responsible for obtaining permission for Bowman, its employees, agents and subcontractors to enter onto the subject property and any properties in the vicinity as reasonably necessary for Bowman to perform the services described herein. 5) By either countersigning or providing written notice to proceed with this Proposal, the Client represents that it has obtained such permission.
6) Processing fees through the City of Poway and/ or any other Agencies are to be provided by the City.
Poway Community Park Channel Change Order No. 1 R1 I 360164-01-001 Revised_April 1, 2026
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7) Excludes.dedicated outreach efforts.
8) Excludes construction staking. It is understood that the contractor will be responsible for contracting separately for a construction staking contract.
9) Assumes civil and landscape efforts will not be subject to prevailing wage requirements. 10) Assumes wayfinding markers would be under a separate change order. 11) Assumes the project will not trigger Priority Development Project (PDP) requirements and therefore a PDP SWQMP is excluded.
12) Excludes preparation of a right-of-entry permit.
13) Assumes that if an updated title report is needed, that it will be provided by the City.
Please indicate your acceptance of this change order by signing below and returning a copy to our office.
Thank you for the opportunity to provide services to the City of Poway.
Respectfully,
Chelisa A. Pack, MS, PE, QSD
Senior Project Manager, Civil
City of Poway
By:
(Signature)
Printed Name:
Title: Date: ____________ _
Poway Community Park Channel Change Order No. 1 R1 I 360164-01-001 _Revised April 1, 2026
8 \\EgnyteDrive\Acquisitions\CA-SAND-PD\DriveR\WP\CONTRACT\_360164\360164-01-001 COl Rl .docx bowman.com
13 of 53
May 5, 2026, Item #7
Bowman
ATTACHMENTS
1) Exhibit A-GEOCON Inc. Scope of Work Letter dated March 24, 2026. 2) Exhibit B -JT Kruer Scope of Work Letter dated March 23, 2026. 3) Exhibit C -RECON Scope of Work Letter dated March 5, 2026.
Poway Community Park Channel Change Order No. 1 R1 I 360164-01-001 Revised April 1, 2026
9 I \\EgnyteDrive\Acquisitions\CA-SAND-PD\DriveR\WP\CONTRACT\_360164\360164-01-001 CO1 R1.docx bowman.com
14 of 53
May 5, 2026, Item #7
Bowman
15 of 53
BOWMAN CONSULTING GROUP LTD.
SCHEDULE B -HOURLY RATE
January 2026
CLASSIFICATION
Expert Witness/Research
Depositions & Testimony
Senior Principal
Principal
Department Executive
Team Leader
Senior Engineering Project Manager
Senior Survey Project Manc3ger
Assistant Project Manager-Landscape
Project Coordinator
Assistant Project Manager
Engineering Project Manager
Survey Project Manager
Senior Surveyor
Engineer I
Engineer II
Engineer Ill
Planner I
Planner II
Planner Ill
Designer I
Designer II
Designer 111
CADD Drafter I/Intern
CADD Drafter II
CADD Drafter Ill
Landscape Architect I
Landscape Architect II
Landscape Architect Ill
Survey Technician I
Survey Technician II
Survey Technician Ill
Survey Field Crew - 1 Man
Survey Field Crew - 2 Man
Survey Field Crew - 3 Man
Senior Environmental Scientist
Environmental Scientist I
Environmental Scientist II
Environmental Scientist Ill
3D Scanning Crew
3D/UAV Modeling Technician
UAV Operation
SUE Utility Coordinator
SUE Technician I
SUE Technician II
SUE Technician Ill
Remote Sensing Technician I
Remote Sensing Technician II
HOURLY RATES
$385.00/HR
$385.00/HR
$385.00/HR
$255.00/HR
$240.00/HR
$235.00/HR
$235.00/HR
$250.00/HR
$165.00/HR
$200.00/HR
$205.00/HR
$225.00/HR
$230.00/HR
$200.00/HR
$150.00/HR
$170.00/HR
$175.00/HR
$145.00/HR
$150.00/HR
$160.00/HR
$ 95.00/HR
$150.00/HR
$210.00/HR
$ 95.00/HR
$ 95.00/HR
$ 95.00/HR
$140.00/HR
$150.00/HR
$160.00/HR
$135.00/HR
$145.00/HR
$160.00/HR
$200.00/HR
$280.00/HR
$415.00/HR
$195.00/HR
$155.00/HR
$165.00/HR
$175.00/HR
$275.00/HR
$160.00/HR
$275.00/HR
$200.00/HR
$110.00/HR
$120.00/HR
$150.00/HR
$120.00/HR
$140.00/HR
May 5, 2026, Item #7
Remote
Sensing
Technician
Ill
Machine
Control
Technician
Administrative
Professional
Table
816
-DEFAULT
2026
California
-San
Diego
16 of
53 $160
.00/HR
$270
.00/HR
$105
.00/HR
Initials:
Bowman
/ Client
May 5, 2026, Item #7
EXHIBIT A
GEOCON
INCORPORATED
GEOTECHNICAL ■ E NVIRONMENTAL ■ MATERIALS~
Project No. G3269-42-01
May 6, 2025
Revised March 24, 2026
Bowman
701 B Street, Suite 800
San Diego, California 92101
Attention: Ms. Chelisa Pack
Subject: CHANGE ORDER NO. 1
SITE DEVELOPMENT SERVICES
POWAY COMMUNITY PARK
RIBBON DRAIN ASSESSMENT
POWAY, CALIFORNIA
References: 1. Preliminary Geotechnica/ Investigation, Poway Community Park, Ribbon Drain Assessment, Poway, California, prepared by Geocon Incorporated, dated May 6, 2025 (Project No. G3269-42-0l).
Dear Ms. Pack:
We prepared this change order (Change Order No. 1) to provide an update to our budget for geotechnical services for the Ribbon Drain Assessment project. Our current approved budget for this project is $8,960, which is now expended. Based on our discussions with you, we understand that the City of Poway is requesting additional services for this project, as outlined below.
SCOPE OF SERVICES
A construction schedule was not available for review during the preparation of this scope. We have estimated grading and construction durations based on our review of currently available project documents and our experience working on similar development projects. Once a construction schedule is available, we reserve the opportunity to review the schedule to update this estimate.
Costs outlined in this change order are based on prevailing wage rates.
TASK 1: FINAL GEOTECHNICAL INVESTIGATION REPORT
Final Geotechnical Report. Preparing a final geotechnical report based on the final design option that is selected for construction in accordance with the 2025 California Building Code, and presenting our findings, our conclusions, and recommendations regarding the geotechnical aspects of constructing the proposed surface drainage improvements. Our report would include a summary of the potential geologic hazards that might affect the project (faulting, liquefaction, seismic shaking, landslides), 6960 Flanders Drive ■ San Diego, California 92121-2974 ■ Telephone 858.558.6900 ■ Fax 858.558.6159 17 of 53
May 5, 2026, Item #7
~GEOCO
N
Poway
Community
Park
Change
Order
No
. 1
Rev
ised
soil/excavation
characteristics,
and
preliminary
geotechnical
recommendations
for
the
design
and
construction
of
the
project
including:
•
Excavation
and
Soil
Characteristics;
•
Temporary
Excavation
Recommendations
(if
applicable);
•
Grading
Recommendations;
•
Dewatering
Recommendations
(if
applicable);
and
•
Hardscape
Design
Recommendations
.
TASK
2:
DESIGN
CONSULTATION
Geotechnical
Consultation.
We
expect
consultation
design
services
to
be
required
during
the
design
and
submittal
process
for
the
planned
project
. The
planned
consultation
services
would
include
attending
design
meetings,
reviewing
foundation
and
grading
plans,
and
reviewing
geotechnical
earthwork
and
construction
specifications
.
TASK
3:
GEOTECHNICAL
OBSERVATION
AND
TESTING
SERVICES
DURING
CONSTRUCTION
Compaction
Testing
-Grad
ing.
Provide
one
soil
technician
for
the
project
on
a "full-time"
(continuous)
basis
during
grading.
We
estimate
that
approximately
160
man-hours
(20
days)
of
technician
time
will
be
incurred
during
grading.
Our
technician
would
be
equipped
with
a vehicle
and
sufficient
field-testing
equipment
to
provide
in-place
density
test
results
in
the
field.
Costs
for
the
soil
technician
would
be
invoiced
at
$169
per
hour
(prevailing
wage
rate)
during
a
normal
eight-hour
day.
Hours
worked
in
excess
of
eight
hours
per
day,
or
40 hours
per
week,
will
be
charged
at
time
and
one-half
per
overtime
hour
and
would
be
an
extra
to
the
contract
. Vehicles,
field-testing
equipment
and
mileage
expenses
are
included
in
the
hourly
rate
.
Compaction
Testing
-
Improvements.
We
would
provide
a
soil
technician
on
an
"on-call"
basis
as
requested
by
the
on-site
superintendent
during
construction
of
any
miscellaneous
site
improvements.
We
estimate
that
40 hours
of
field
soil
technician
time
would
be
requested
during
the
backfill
operations.
The
technicians
would
be
equipped
with
a vehicle
and
sufficient
field
-testing
equipment
to
provide
in-place
density
test
results
in
the
field
. Fees
for
the
soil
technician
would
be
invoiced
at
$169
per
hour
up
to
8 hours
per
day.
Hours
worked
in
excess
of
8 hours
per
day,
or
40 hours
per
week
per
technician,
would
be
charged
overtime
and
would
be
an
extra
to
the
contract.
Vehicles,
field
testing
equipment
and
mileage
expenses
are
included
in
the
hourly
rate.
Geotechnical
Consultation
and
Observation
During
Construction.
Site
visits
by
our
engineer
and/or
geologist
would
be
performed
as
site
conditions
warrant.
It
is
anticipated
that
attending
meetings
associated
with
the
project,
as
well
as
periodic
professional
consultation,
may
be
required
during
grading
. Based
on
our
past
experience
with
similar
projects,
we
estimate
32 hours
of
engineer
or
geologist
time
will
be
incurred
during
grading
.
Project
No
. G3269
-42-
01 18
of
53 -2
-
May
6,
2025
Revised
March
24,
2026
May 5, 2026, Item #7
~GEOCON
Poway Community Park
Change Order No. 1 Revised
Laboratory Testing. Perform laboratory soil tests related to onsite improvements (maximum dry density and optimum moisture content). The quantity and type of tests performed will depend upon the soil conditions encountered during grading and improvements. The actual fee for laboratory tests will be invoiced in accordance with our current Schedule of Fees/Terms and Conditions.
As-Graded Geologic Map and Report Preparation and Submittal. At the completion of the grading operations and improvements, we would prepare a final report summarizing field and laboratory test results and indicating the location of field density compaction tests. The report will include an As Graded Geologic Map depicting areas offill and geology, where appropriate.
PROPOSED ADDITIONAL FEES
Table 1 presents the estimated cost for geotechnical engineering services based on the scope of work outlined above.
TABLE 1: UPDATED CONTRACT ESTIMATE
Item Value
TASK 1: FINAL GEOTECHNICAL INVESTIGATION REPORT
Final Geotechnical Report
Subtotal (Task 1)
TASK 2: DESIGN CONSULTATION
Senior Engineer/Geologist
Subtotal (Task 2)
TASK 3: GEOTECHNICAL OBSERVATION DURING GRADING AND IMPROVEMENTS Compaction Testing (Grading; 20 Days; 160 hrs.; PW)
Compaction Testing (Trench/Wall Backfill; 5 Days; 40 hrs.; PW) Laboratory Testing
Geotechnical Consultation (32 hrs.)
Report Preparation
Subtotal (Task 3)
TOTAL ESTIMATED COST (TASKS 1 THROUGH 3):
$2,600
$2,600
$27,040
6,760
2,200
5,300
4,000
$45,300
$52.900
Table 2 The presents the recommended updated contract value for geotechnical engineering services.
Current Budget Amount
Change Order No. 1
TABLE 2: UPDATED CONTRACT ESTIMATE
Item Value
$8,960
$52,900
TOTAL UPDATED ESTIMATED COST $61.860
Project No. G3269-42-01
19 of 53
-3 -May 6, 2025
Revised March 24, 2026
May 5, 2026, Item #7
0GEOCON
Poway Community Park
Change Order No. 1 Revised
Based on the discussion herein, we respectfully request a change order amount of $52,900. The revised contract amount is $61,860. If this change order meets with your approval, please prepare a contract change order and billing sheet for our signature. The following table presents the recommended updated contract values for geotechnical engineering services.
Should you have any questions regarding this change order, or if we may be of further service, please contact the undersigned at your convenience.
Very truly yours,
GEOCONINCORPORATED
upert S. Adams
CEG 2561
[email protected]
RSA:RCM:lm
Enclosures: SF/TC 2026 {E)
{e-mail) Addressee
Project No. G3269-42-0l
20 of 53
-4 -
Rodney C. Mikesell
GE 2533
[email protected]
May 6, 2025
Revised March 24, 2026
May 5, 2026, Item #7
~GEOCON
2026 Schedule of Fees -Geotechnical & Environmental
FEES WILL INCREASE BY 3% ANNUALLY AT THE START OF EACH CALENDAR YEAR, ROUNDED UP TO THE NEAREST DOLLAR, FOR THE DURATION OF
THE CONTRACT
Professional Services
Word Processor/Technical Editor/CAD (/hr.)
Engineering Assistant/Lab Technician (/hr.)
Special Inspector (/hr.)
Engineering Field Technician (Incl. Vehicle and Nuclear Gauge) and Non-Destructive Testing (/hr.)
Senior Engineering Field Technician (Incl. Vehicle and Nuclear Gauge) (/hr.)
Staff Engineer/Geologist (/hr.)
Senior Staff Engineer/Geologist (/hr.)
Project Engineer/Geologist (/hr.)
Senior Project Engineer/Geologist (/hr.)
Senior Engineer/Geologist (/hr.)
Associate Engineer/Geologist (/hr.)
Principal Engineer/Geologist/Litigation Support
Deposition or Court Appearance (/hr.)
Attorney Fees (General) (/hr.)
Overtime and Saturday Rate= 1.5 X Regular Hourly Rate
Sunday and Holiday Rate= 2 X Regular Hourly Rate
Minimum Professional Fee (Per Project)
Minimum Field Services Fee (per day/night)
Short-Notice Cancellation
*Prevailing Wage Hourly Surcharge per California labor Code §1720, et seq. (/hr.) + cumulative rate increase after 1/1/2026 Personnel= Regular Hourly Rate
Subsistence (Per Diem/Day)
Travel
Equipment and Materials
Nuclear Gauge= Included in Technician Rate
Coring Machine (concrete, asphalt, masonry) (/Day)
Generator/ Air Compressor (/Day)
Asphalt Cold Patch, 60-lb. sack
Concrete, 60-lb. sack
Vibration Monitoring Unit (/Week)
Pick-Up Truck
Equipment Truck
Equipment Trailer
pH/Conductivity/Temperature Meter (/Day)
Drive-Tube Sampler or Hand Auger
Soil Sample Tube (Brass or Stainless)
Water Level Indicator
Water Sampling Pump
Photo-Ionization Meter
Level D PPE/Decon Rinse Equipment
Crack Monitor
Moisture Dome Test Equipment
55-Gallon Drum
Outside Services/Equipment/Materials
21 of 53
$ 98
$ 98
$ 83
$ 103
$ 109
$ 134
$ 150
$ 165
$ 181
$ 212
$ 227
$ 227
$ 464
$ 464
$ 750
4/8 hrs.
4 hrs.
$ 60
$ 350
$
$ 211
$ 125
$ 22
$ 22
$ 258
$ 147
$ 234
$ 114
$ 71
$ 49
$ 13
$ 49
$ 92
$ 147
$ 65
$ 38
$ 55
$ 82
+ 15%
Utility Location/Geophysical Services
Utility Locating -Half Day -Single Person $ 618
Utility Locating -Half Day -Two People $ 1,236
Utility Locating -Full Day -Single Person $ 1,236
Utility Locating -Full Day -Two People $ 2,472
Seismic Remi Study -Initial Line $ 1,648
Seismic Remi Study -Additional Lines Each $ 412
Multichannel Analysis Of Surface Waves -Half Day $ 1,623 Multichannel Analysis Of Surface Waves -Full Day $ 3,090 Electrical Resistivity Tomography -Half Day $ 1,803
Electrical Resistivity Tomography -Full Day $ 3,296
Refraction Study -Half Day $ 1,957
Refraction Study -Full Day $ 3,914
Underground Storage Tank Evaluation -Half Day $ 1,854
Underground Storage Tank Evaluation -Full Day $ 3,502
Utility Locating -Half Day -Single Person• $ 1,133
Utility Locating -Half Day -Two People* $ 2,060
Utility Locating -Full Day -Single Person* $ 1,854
Utility Locating -Full Day -Two People* $ 3,502
Seismic Remi Study -Initial Line* $ 2,163
Seismic Remi Study -Additional Lines Each* $ 515
Multichannel Analysis Of Surface Waves -Half Day* $ 2,163 Multichannel Analysis Of Surface Waves -Full Day* $ 4,017 Electrical Resistivity Tomography Study -Half Day* $ 2,163 Electrical Resistivity Tomography Study -Full Day* $ 4,017 Refraction Study -Half Day* $ 2,163
Refraction Study -Full Day* $ 4,017
Underground Storage Tank Evaluation -Half Day* $ 2,163
Underground Storage Tank Evaluation -Full Day* $ 4,017
Mobilization Fee ($ Per Hour) $ 129
*Prevailing Wage Rates
Geophysical Summary Report $ 1,545
Laboratory Tests
Soil and Aggregate Properties
#200 Wash (Dl140/C117) $ 76
Wet Sieve Analysis to #200 (D422) $ 125
Hydrometer Analysis (D422) $ 190
Sieve Analysis with Hydrometer (D422) $ 216
Specific Gravity, Soil (D854) $ 88
Specific Gravity Coarse Aggregate (C127) $ 64
Specific Gravity Fine Aggregate (C128) $ 86
Moisture Determination, tube sample (D2216) $ 26
Moisture Determination and Unit Weight (D2937) $ 51
Atterberg Limits: Plasticity Index (D4318) $ 192
Sand Equivalent (D2419) $ 130
pH and Resistivity (CAL643) $ 152
Sulfate Content (CAL417) $ 111
Chloride Content (CA[422) $ 73
May 5, 2026, Item #7
~GEOCON
Laboratory Tests Laboratory Tests
Shear Strength Asphalt Concrete
Unconfined Compression (D2166) $ 151 Density, Hveem (D2726/CAL308} $ 114 Direct Shear, Quick (D3080} $ 287 Stabilometer (D1560/CAL304} $ 125 Unconsolidated-Undrained Triaxial Shear/pt. (D2850} $ 187 Theoretical Max. Specific Gravity (D2041) $ 94 Unconsolidated-Undrained Triaxial Staged (D2850) $ 225 Sieve Analysis Extracted Aggregate (C136} $ 109 Consolidated-Undrained Triaxial Shear/pt. (D4767} $ 389 % Asphalt, Ignition Method (CAL382} $ 125 Consolidated-Undrained Triaxial Staged (D4767} $ 456 % Asphalt, Nuclear Gauge (CAL379} $ 132 Consolidated-Drained Triaxial Shear/pt. (EMlll0} $ 484 Unit Weight, Core (D 1188} $ 73 Consolidated-Drained Triaxial Staged (EMlll0} $ 680
Concrete
Permeability, Consolidation, and Expansion Compressive Strength, Cylinders (C39} $ 32 Permeability, Flexible Wall (D5084} $ 371 Compressive Strength, Cylinders 6x12 (C39} $ 35 Permeability, Rigid Wall (D5856) $ 321 Compressive Strength, Concrete Cores (C42} $ 51 Consolidation, per point (D2435} $ 64 Compressive Strength, Shotcrete Cores (C42} $ 76 Expansion Index (D4829/UBC 29-2) $ 169 Unit Weight, Hardened Concrete (ASTM C642} $ 63 Unit Weight, Lightweight Concrete (ASTM C567} $ 85
Compaction Curves Flexural Strength Beam (C78/C293} $ 87 4-inchmold (D1557) $ · 255 Splitting Tensile Test (C496} $ 8S 6-inch mold (D1557) $ 298 Mix Design Review $ 250
California Impact (CAL216} $ 249 Trial Batch Preparation/Organization (/Hr.) $ 114 Check Point $ 109 Compressive Strength, 2x2 Cube (Soil Nail Grout) $ 32 Compressive Strength, 2x2 Cube (Non-Shrink Grout) $ 32
Soil and Aggregate Stability Tensile Strength Fabrication (ASTM C192} $ 1,082 Resistance Value, R-Value (D2844/CAL301} $ 347 Tensile Strength (ASTM C1583} $ 703 R-Value, Treated (CAL301} $ 366 Shrinkage (ASTM C159} $ 487 California Bearing Ratio (D1883} $ 657 MOE (ASTM C469} $ 32S Stabilization Ability of Lime (C977} $ 215 Chloride Ion Content (ASTM C1543/C1202} $ 298 Aggregate Quality Steel Testing
Dry Sieve Analysis to #200 (C13} $ 125 Tensile Strength & Elongation (A370) L.A. Rattler Test (SOD rev.) (C131} $ 232 #11 Bar & Smaller $ 136 Sulfate Soundness (per sieve size) (C88} $ 125 #14 Bar $ 163 Durability (fine or coarse) (D3744} $ 207 #18 Bar (Proof Test) $ 190 Unit Weight (Cl42} $ 87 Bend Test (A370}
Organic Impurities -Sand (C40} $ 71 #11 Bar & Smaller $ 82 Friable Particles (C142} $ 100 #14  Bar $ 109
Fine Aggregate Angularity (AASHTO T304) $ 325 Tensile -Mechanically Spliced Bar (A370} #11 Bar & Smaller $ 217
Masonry #14 Bar & Larger $ 271
CMU Compressive Strength (C140} $ 217 Tensile -Electric Resist. Butt Splice (A370} $ 217 Compressive Strength, Grout (Cl019/UBC 21-19} $ 31 Straightening of Bar (A370} $ 82 Compressive Strength, Mortar (C109/UBC 21-15,16} $ 31 Tensile Strength & Elongation (A370} CMU Unit Wt., Dimen., Absorption (C140} $ 166 Up to 200,000 lbs $ 163 Compressive Strength, Masonry Prism (C1314} $ 217 200,000 -300,000 lbs $ 190 Masonry Core Compression (C42} $ 74 300,000 -400,000 lbs $ 217 Masonry Core Shear (CBC 210SA.4} $ 138
Spray Applied Fireproofing
Fireproofing Oven Dry Density/Thick (E605/E736} $ 98
22 of 53
May 5, 2026, Item #7
~GEOCON
Laboratory Tests Common Analytical Tests
High Strength Bolt, Nut & Washer Testing Total Petroleum Hydrocarbons (EPA 8015M) $ 114 Tensile Tests on Bolts (A325/A490) $ 136 Volatile Organic Compounds (EPA 8260B) $ 179 Proof Load Test on Nuts (A563) $ 136 Semi-Volatile Organic Compounds (EPA 8270) $ 325 Hardness Test on Bolts (A325/A490) $ 82 CAM 17 Metals (EPA 6010B) $ 195 Hardness Test on Nuts (A536) $ 82 Single Metal (EPA 6010B) $ 44 Hardness Test on Washers (F436) $ 82 Organochlorine Pesticides (EPA 8081) $ 152 Polychlorinated Biphenyls (EPA 8082) $ 130
Polynuclear Aromatic Hydrocarbons (EPA 8270) $ 195
Soil pH (EPA 9045() $ 44
Asbestos-PLM $ 33
STLC or TCLP Extraction $ 109
Sample Compositing $ 38
XRF Analyzer (/Day) $ 721
48-hour Turn-Around Time (Surcharge) 75%
24-hour Turn-Around Time (Surcharge) 100%
Terms and Conditions
1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only, and include reporting of routine results not calling for comments, recommendations or conclusions.
2. Sampling and testing is conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies.
3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem is $155.00 per day when location of work dictates.
4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein, with a minimum two-hour charge.
5. Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule.
6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon's (the term "Geocon" includes Geocon's partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $50,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client's injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above.
7. Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon's total aggregate liability to all third parties, including contractors, subcontractors of all tiers, material men, and others involved in Client's project, as well as persons and other entities not involved in the project, to the greater of $100,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon's liability to them, and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon's actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon's actions or inactions.
23 of 53
May 5, 2026, Item #7
EXHIBIT B
J T Kruer General Engineering Construction, Inc
License No. 777345
Feasibility/ Costing I Scheduling/ Earthwork Analysis
Project Management/ Construction Management
Reclamation Management/ General Engineering Construction 3645 Ruffin Road, Ste 101, San Diego, CA92123
www.jtkruerco.com
March 23, 2026
Chelisa Pack, MS, PE Bowman
701 B Street, Ste. 800 San Diego, CA 92101
Reference: Rattlesnake Creek Park-Poway
Subject: Proposal for Cost Consulting Services
This proposal represents the terms, nature, and limitation of services to be provided for the above mentioned project.
1. CONSUL TING SERVICES
1.1 Review Final Engineering Documents provided by the Client and render an opinion of updated costs, including take-off quantities, including unit pricing for the various tasks required to complete that specific scope of work.
Plan Review and Costing at 60% Plans: 30 Hrs@ $133.00 per Hour (Not to Exceed $3,990.00) Plan Review and Costing at 90% Plans: 24 Hrs@ $133.00 per Hour (Not to Exceed $3,192.00) Plan Review and Costing at 100% Plans: 18 Hrs @$133.00 perHour (Not to Exceed $2,394.00) TERMS: The cost of the services as outlined in Sect. 1.1 will be $9,576.00, payable in Monthly installments, based on hours completed .
Any additional services shall be considered hourly services. These services are billable on an Hourly Basis, payable in monthly installments, in accordance with the Hourly Rates & Fees Schedule.
2. ADDITIONAL WORK & HOURLY SERVICES
2.1. Meetings shall be considered hourly services. The cost of the hourly services will be billed on an Hourly Basis, payable in monthly installments, in accordance with the Hourly Rates & Fees Schedule (See Attachment "A").
2.2. Reimbursable charges for blueprinting, photographic mylar reproduction, photocopying, travel and mileage (over 150 miles one-way), delivery services, computerized plotting, special graphic supplies, • Page 1
24 of 53
May 5, 2026, Item #7
facsimiles, and other direct project charges incurred on behalf of Client will be billed to Client at cost plus 10%.
Additional Work will not be performed without the prior expressed written consent of the Client.
If the foregoing is in accordance with your understanding, please indicate by signing below in the space provided. Please return an executed copy as written authorization to proceed with the services as described herein.
Thank you again for the opportunity to be of service.
Sincerely, APPROVED~ACCEPTED
Jonathan T. Kruer, President Bowman
See Attachment "A", as referenced herein.
• Page 1
25 of 53
May 5, 2026, Item #7
•
•
•
•
•
•
•
• Page 1
26 of 53
ATTACHMENT "A"
SCHEDULE OF RATES & FEES
Professional Services Hourly Rates
Effective through December 31, 2026
Principal.. .................................. $185 / Hr Project Manager ........................ $160 / Hr
Sr. Construction Manager ........... $145/ Hr
Construction Manager ............... $135 / Hr
Construction Inspector .............. $115 / Hr
Sr. Estimator/ Scheduler ............ $115 / Hr
Field Supervisor ........................ $100 / Hr
Jr. Estimator/ Scheduler ............. $90 / Hr
Contract Administrator ................ $85 / Hr
Draftsman .................................... $75 / Hr Technical Assistant ..................... $65 / Hr
Word Processor .......................... $45 / Hr
Litigation Support
Deposition, Attendance at Mediation, Arbitration or Trial ... $350 / Hour ... 4 Hour Min.
Other Services
Construction Document Preparation • Change Order Analysis & Negotiation Bidding & Purchasing • Draw Inspections for Construction Funding Land Reclamation Services • Asset Rehabilitation
Construction Management Services • Construction Defect Analysis Owner's Representative • California "A" Licensed General Monthly Activity & Evaluation Reports Engineering Contractor Framework Programs for Construction • International Services (Mexico) Management
May 5, 2026, Item #7
EXHIBIT C
RECON
An Employee-Owned Company
March 5, 2026
Ms. Chelisa Pack
Bowman
701 B. Street, Suite 800
San Diego, CA 92101
Reference: Poway Community Park Update-Change Order 1 -Revised (RECON Number 10432) Dear Ms. Pack:
RECON Environmental, Inc. (RECON) is requesting this change order for the Poway Community Park project (project) consisting of repairs and enhancement to a segment of Rattlesnake Creek in the city of Poway, California. Three options have been evaluated, and the project is proposing to move forward with Option 3 which includes the removal of the existing concrete low-flow ribbon gutter and regrading the channel to flatten the longitudinal slopes with riprap-lined drop structures and naturalize the channel.
SCOPE OF WORK
RECON understands that the project is beginning the pre-entitlement process and is working with the City of Poway (City) planning staff in efforts to enhance the Poway Community Park. As part of this project, RECON has provided a scope of work to provide biological resources survey and report, an aquatics resources delineation and report, pre-application regulatory support, mitigation planning, aquatic resources permitting, and a cultural resource survey and report. RECON also proposes to prepare an Initial Study/Mitigated Negative Declaration (IS/MND).
Task 1: Biological Resources Survey and Report
RECON will prepare a Biological Resources Report based on the following tasks:
• RECON will provide up to 20 hours of consultation/meeting time with Bowman and the City. • RECON will conduct a search of the records of the California Natural Diversity Data Base (California Department of Fish and Wildlife) to determine what sensitive species have been reported from the vicinity of the project. • RECON will conduct a general biological resources survey within a Biological Survey Area that consists of the proposed work area (a segment of Rattlesnake Creek), which measures approximately 500 feet in length, and all areas within 50 feet of the proposed work area, totaling 2.2 acres. The RECON biologists will inventory plant and wildlife species apparent at the time of survey, map vegetation communities, and assess the potential for the Biological Survey Area to support special status plant and wildlife species. • RECON will prepare the Biological Resources Report according to the City's Habitat Conservation Plan that includes a vegetation map of the project showing natural plant communities and the observed locations of rare and endangered species, describes biological resources occurring on the property, assesses the impact of the proposed development on the biological resources and discusses mitigation measures, if necessary. • Provide one set of revisions based on City staff comments and resubmit to the City.
Assumptions: Additional studies may be required by the jurisdiction or resources agencies, such as directed searches for particular sensitive species. These and any other special studies or additional response to comments would·only be conducted with additional authorization from Bowman. 27 of 53
3111 Camino del Rio North, Suite 600, San Diego, CA 92108-5726 I 619.308.9333 I reconenvironmental.com
SAN DIEGO I OAKLAND I TUCSON I SAN ANTONIO
May 5, 2026, Item #7
Ms. Chelisa Pack
March 5, 2026
Task 2: Aquatic Resources Delineation and Report
Aquatic resources (e.g., wetlands, streams, drainage features, etc.) may occur within the project area. RECON recommends conducting a formal aquatic resources delineation and associated reporting to comply with regulatory agency requirements and assess the type and extent of these on-site aquatic resources, which would entail the following:
• RECON will provide up to four hours of project management time which will include an internal kickoff meeting to distribute project materials, scheduling the field delineation, and coordination time with Project Design Consultants (Bowman).
• RECON will also provide up to four hours of desktop aerial review, database analysis, and geographic information system (GIS) support in preparation for the field delineation. • Two qualified RECON biologists/regulatory specialists will conduct a formal aquatic resources (e.g., wetlands, other waters) delineation of the approximate 0.30-acre drainage with a 50-footbuffer, totaling 2.2 acres (review area) per agency-approved methodologies at the time of this scope. Specifically, the delineation will be conducted in accordance with the 1987 Corps of Engineers Wetland Delineation Manual, 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0), 2025 National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams, 2024 Stream Duration Assessment Methods for the Arid West and Western Mountains of the United States of America, 2025 U.S.
Army Corps of Engineers (USACE) Recommended Minimum Standards for Aquatic Resource Delineation Reports (Minimum Standards), and the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State. California Department of Fish and Wildlife (CDFW)-jurisdictional streams will be delineated based on the presence of a "bed and bank;" observed associated riparian habitat will be mapped as CDFW-jurisdictional riparian habitat within and/or beyond the banks of the delineated streambed. • The Minimum Standards recommend wetland delineation sampling points within each plant community in the review area. This task assumes the vegetation community/land cover mapping will be completed prior to the aquatic resources delineation. Furthermore, soils mapped as hydric by the Natural Resources Conservation Service will be assessed during the wetland delineation. RECON anticipates no more than ten wetland, Ordinary High Water Mark (OHWM) and/or Streamflow Duration Assessment Method (SDAM) data sampling points within the review area to assess potential aquatic resources on-site; should substantial additional data be required to assess the boundaries of on-site aquatic resources, further costs may be necessary. • RECON regulatory specialists will analyze the results of the aquatic resources delineation to determine the extent of potentially jurisdictional aquatic resources per the USACE under Section 404 of the Clean Water Act (CWA), Regional Water Quality Control Board (RWQCB) under CWA Section 401 and the Porter-Cologne Act, and CDFW under California Fish and Game Code Sections 1600-1603 within the defined review area. • RECON regulatory specialists will prepare an aquatic resources delineation report (ARDR) that describes and illustrates the location of potentially jurisdictional aquatic resources in compliance with the USACE 2025 Minimum Standards) and accepted by the RWQCB and CDFW.
• RECON will review and address one round of comments from the City. Recommended edits/changes per comments received will be incorporated into the final report and submitted in PDF format.
Assumptions:
• This cost includes an ARDR prepared based on the project design and existing regulations at the time of project initiation. Should revisions to the report or additional field work be required based on project design, vegetation community or hydric soil mapping requiring additional wetland sample points and/or regulatory changes, additional· authorization from Bowman would be required. 28 of 53
May 5, 2026, Item #7
Ms. Chelisa Pack
March 5, 2026
• An analysis and quantification of impacts on potentially jurisdictional aquatic resources will not be included within the ARDR but will be included as part of the biological resources report (Task 1). • The ARDR will also not include a draft USACE preliminary jurisdictional determination (PJD), approved jurisdictional determination (AJD). These additional tasks can be provided with additional authorization from Project Design Consultants (Bowman), if needed or requested based on the results of the ARDR. The preparation of regulatory permit applications is included in a separate task (Task 6). Additional coordination, field verification, and documentation will be required under a separate task if Project Design Consultants (Bowman) or the City requests an AJD or if other agencies (e.g., RWQCB or CDFW) require confirmation.
Task 3: Federal Emergency Management Agency Letter
RECON will assist Chang Consultants with the Conditional Letter of Map Revision application process with Federal Emergency Management Agency by providing information on biological resources and potential impacts to those resources in compliance with the federal Endangered Species Act. • Provide up to two hours of consultation/meeting time with Chang Consultants. • Prepare a letter report that describes the potential for endangered species to occur on-site and assesses any direct and indirect impacts the proposed development may have on listed species and any proposed mitigation measures.
• Provide one set of revisions based on comments from Chang Consultants and resubmit to Bowman.
Assumptions:
Any additional studies (e.g., protocol surveys) required by the resources agencies would only be conducted with additional authorization from Bowman.
Task 4: Pre-Application Regulatory Support
RECON recommends pre-application coordination regarding anticipated impacts on USACE, RWQCB, and/or CDFW aquatic resources. RECON will provide up to 46 hours for project management, calls, or other coordination required with the regulatory agencies, the City, Bowman, and/or other project team members related to aquatic resource permitting for the proposed project. Regulatory support includes assistance in impact avoidance of potentially jurisdictional resources, site design, guidance on application submittal requirements, anticipated compensatory mitigation requirements and research, the preliminary development of project alternatives, and a permitting approach that would be expected to meet regulatory requirements for the applicable federal and state agencies based on the results of the project ARDR (Task 2). RECON will provide a table and GIS figure showing the potential impacts on aquatic resources for the proposed project with this cost, assuming the receipt of the geo referenced spatial data showing the proposed impact areas. A one-hour meeting to discuss the details of these impacts is also included in this scope of work.
This task may also include agency coordination, preparation, and attendance at one pre-application meeting, including a request and attendance for an official pre-filing meeting, which is required no less than 30 days prior to application submittal under CWA Section 401 Certification Rule and certain RWQCB general orders (when applicable).
Assumptions:
• The pre-application process will be standard and noncontroversial. Additional cost may be required if the pre-application process becomes complex or lengthy, if the allotted time and materials budget provided here is otherwise exhausted through other pre-application regulatory support needs, and/or depending on the substance and extent of the regulatory agencies' initial feedback-during the pre-application coordination. 29 of 53
May 5, 2026, Item #7
Ms. Chelisa Pack
Page4
March 5, 2026
Task 5: Mitigation and Restoration Planning
RECON will provide up to 40 hours to coordinate with RECON's Geographic Information System (GIS) staff, Project Design Consultants (Bowman), and applicable agency representatives and organizations to assist with developing a compensatory mitigation strategy to offset impacts on jurisdictional aquatic resources and identify potential compensatory mitigation sites should compensatory mitigation be required by the regulatory agencies for the proposed project. If the project qualifies as a restoration project per the regulatory agencies' standards, RECON may use this task to provide support regarding the on-site restoration approach, including guidance related to the identification of an ecological reference, planting palette, and other biological components, if required by an agency, for the proposed project area within Rattlesnake Creek. Additional time and authorization may be required to complete a draft restoration plan depending on the result of coordination under Task 3 and during the preparation of the permit applications under Task 6.
Assumptions:
• This cost does not include the development of a conceptual or detailed compensatory mitigation and monitoring plan (CMMP) or related additional mitigation requirements (e.g., long-term management plan, mitigation plan implementation, assistance with coordination regarding financial assurances, long-term funding, or site protection). The CMMP scope and other requirements will greatly depend on the results of the mitigation planning support provided with this task. A separate scope and cost can be provided for additional mitigation-related tasks upon determination of mitigation site location and type. • Assistance with the development of a restoration approach for Rattlesnake Creek assumes Project Design Consultants (Bowman) can provide landscape design and engineering and hydrology information support.
Task 6: Aquatic Resources Permitting -USACE, RWQCB, CDFW Based on results of the ARDR (conducted under Task 2) and anticipated impacts on potentially jurisdictional aquatic resources, RECON will prepare draft permit application packages in accordance with the CWA regulations (Sections 404 and 401, implemented by the USACE and State RWQCB, respectively), Porter-Cologne Water Quality Control Act (Porter-Cologne; implemented by the RWQCB), and Section 1602 of the California Fish and Game Code (implemented by CDFW). Permit application packages will include required agencies forms, a project description, summary of proposed impacts to jurisdictional resources for each agency, engineering drawings (provided by Project Design Consultants [Bowman]), technical reports (provided by RECON for those completed in house; external technical reports to be provided by Project Design Consultants [Bowman]), figures, impacts tables, and representative photos. Technical reports will include the project-specific biological resources/technical report or assessment, cultural resources report (including a recent record search), hydrology study, storm water pollution prevention plan, construction and post-construction best management practices, and CEQA documentation.
This scope assumes the project will qualify for authorization under a USACE Nationwide Permit, not a Standard Individual Permit (SIP). Additional costs will be required if the project requires a USACE SIP.
Furthermore, an alternatives analysis per the RWQCB's State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State is expected to be required for the project and therefore included in this task, unless the project qualifies under a RWQCB general order (to be determined pending the results of Tasks 2 and 3).
The following information will be needed from Project Design Consultants (Bowman) and/or the City to draft the required alternatives analysis: site plan figures, detailed project description, purpose and need statement, construction costs, and logistical information for each on-and off-site alternative. RECON will provide up to ten hours to coordinate with the Bowman to assist with the development of a reasonable range of alternatives and the information required for the alternati_ves analysis.
30 of 53
May 5, 2026, Item #7
Ms. Chelisa Pack
March 5, 2026
Assumptions:
• Final permit applications will be prepared based on one round of comments and revisions from Project Design Consultants (Bowman) or the City.
• It is assumed that the applicant (i.e., the City) will provide the applicable application fees and that the City and/or Project Design Consultants (Bowman) will provide the following documents in support of the application packages, as applicable, including: project-specific biological resources/technical report or assessment, cultural resources report (including a recent record search), hydrology study, geotechnical study, storm water pollution prevention plan, construction and post-construction best management practices, and CEQA documentation. Costs for preparation of these deliverables are not included in this scope, and those that RECON can produce would only be performed for an additional scope and fee upon request. • RECON will assemble the environmental documents and supplemental information provided by Project Design Consultants (Bowman) and submit the application forms and supplemental materials electronically to the agencies.
• CDFW and RWQCB will often automatically deem applications incomplete if an application does not include final CEQA documentation, which may cause delays in permit processing. As such, CEQA should be completed prior to submitting CDFW and RWQCB application. • This cost includes preparation of permit applications based on the project design and existing regulations at the time of project initiation. Should revisions to the permit applications be required based on project design changes, regulatory changes, or additional information requested by a regulatory agency representative, additional authorization from Project Design Consultants (Bowman) would be required.
Task 7: Cultural Resources Survey and Report
RECON will prepare a Cultural Resources Report based on the following tasks:
• RECON will provide up to two hours of consultation/coordination with the Bowman during the processing of the project.
• RECON will request a records search of the project area with a one-mile buffer from the south coastal Information Center and a sacred lands search from the Native American Heritage Commission. • RECON will conduct an on-foot survey of the approximately 500 feet in length project site with a SO-foot buffer and record any historic and prehistoric cultural resources that are discovered during the survey. The interval between field personnel will be approximately 15 meters. • RECON will prepare a Cultural Resources report that assesses the potential for the proposed project to impact cultural resources. The report will be completed in accordance with the current guidelines for the City and Section 106 of the National Historic Preservation Act. This report will identify any impacts and, if necessary, recommend mitigation measures to reduce the impacts.
• RECON will provide one site form or update to the local data repository as part of the confidential attachment. • RECON will prepare one set of revisions to the technical report based on City staff comments. • RECON will subcontract to Red Tail Environmental to provide a Native American monitor during the survey.
Assumptions:
This scope of work assumes that if a 404 permit is required, the USACE will complete Section 106 with local Tribes and the State Historic Preservation Office will be required. 31 of 53
May 5, 2026, Item #7
Ms. Chelisa Pack
March 5, 2026
Task 8: Initial Study/Mitigated Negative Declaration (IS/MND) RECON will prepare an IS/MND. Under this scenario, the following task will be required:
• RECON will prepare a Draft IS Checklist to identify potential impacts associated with the project. The IS/MND will be based on reports and plans and will identify feasible mitigation, as necessary, to reduce potentially significant impacts to below a level of significance. The Draft IS/MND will be submitted to the City for review and comment.
• RECON will prepare the Notice of Availability (NOA) of the Draft IS/MND and all required forms for submittal to the State Clearinghouse.
• RECON will prepare the Public Review Draft IS/MND based on final City edits and submit all required documents and forms, including the NOA, to the State Clearinghouse to initiate Public Review. RECON will follow all the latest State Clearinghouse electronic submittal requirements. • • Upon close of the 30-day public review period, RECON will respond to public comments on the Draft IS/MND and prepare a Final IS/MND. This task assumes up to 25 individual or unique comments that require responses (this includes comments from multiple comment letters received). Final IS/MND revisions are expected to consist of clarifications or minor editorial revisions. The Final IS/MND (including responses to public comments) will be submitted to the City for review and comment. RECON will participate in a final (up to one hour) working meeting to finalize all comments.
• RECON will file the Notice of Determination (NOD) with the State Clearinghouse after the final public hearing.
Assumptions:
• The scope for preparation of the IS/MND assumes up to two sets of revisions after review by Bowman and City staff and up to four hours of meetings to address the IS/MND. • The scope assumes up to two sets of revisions to the Final IS/MND based on comments from City staff. • RECON will submit electronic versions of the Public Review Draft IS/MND and all required forms. RECON assumes the City will manage all additional public notices and filings, including filing the NOA with the San Diego County Clerk. The City will file the NOD with the San Diego County Clerk and submit payment for both the filing and the required Fish and Wildlife fee. Should RECON CEQA staff be required to attend any hearings, additional authorization will be required.
• This scope does not cover revising analysis due to major project changes, additional technical reports, technical report changes, or changes in regulations. If such changes occur, then additional authorization will be required. 32 of 53
May 5, 2026, Item #7
Ms. Chelisa Pack
March 5, 2026
CONCEPTUAL SCHEDULE
A conceptual schedule is presented below associated with the preparation and processing of Task 8: Initial Study/Mitigated Negative Declaration. These timeframes are estimates based on previous experience and does not include delays resulting from City backlog, additional review cycles, or other unanticipated out of scope circumstances.
Task Approximate Duration
CEQA Initiation/Kickoff Meetinq 1 weeks from City Environmental Determination As applicable, drafting of the ISMND would begin after Kickoff; draft to Draft IS/MND be completed 4 weeks from approval of Biological Resources Reports and Cultural Survey
City Review of Draft IS/MND 8 weeks (assuminq two rounds of City review) Public Review Draft IS/MND 2 weeks from receipt of final City comments (includes production and filinq of notices three days prior to commencement of public review) Public Review 30 days
Draft Final IS/MND 2 weeks from the end of Public Review City Review of Draft Final IS/MND 4 weeks (assuminq two rounds of City review) Final IS/MND 1 week from receipt of final City comments Hearinqs TBD
COST SUMMARY
As summarized in the table below, the cost summary for Tasks 1-8 is $136,750. While we are providing a task-by-task budget breakdown for your convenience, the breakdown is for budgeting purposes only and RECON proposes to perform these services on a time-and-materials basis.
Task Cost
Task 1: Bioloqical Resources Survey and Reportinq $21,205 Task 2: Aquatic Resources Delineation and Reportinq $20,600 Task 3: Federal Emerqency Manaqement Aqency Letter $5,900 Task 4: Pre-Application Requlatorv Support $9,115
Task 5: Mitiqation and Restoration Planninq $9,040
Task 6: Aquatic Resources Permittinq (USACE, RWQCB, CDFW) $34,620 Task 7: Cultural Resources Survey and Report $10,460
Task 8: IS/MND $25,810
Tasks 1-8 Total $136,750
If you would like us to proceed with the work please provide the appropriate authorization to the attention of Gina Sisson, [email protected]. Thank you and please call me at (619) 308-9333 x144 if you have any questions.
Nick Larkin
Environmental Program Manager
33 of 53
May 5, 2026, Item #7
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
18 th
day
of
October,
2023,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
PROJECT
DESIGN
CONSULTANTS,
a
BOWMAN
COMPANY,
(hereinafter
referred
to
as
"Consultant").
RECITALS
WHEREAS,
City
desires
to
obtain
the
services
of
a
private
consultant
to
prepare
an
engineering
study
and
assessment
for
the
Community Park
Concrete
Ribbon
Drain
Assessment
Project
(Project); WHEREAS,
Consultant
is
a
civil
engineering
consultant
and
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
on
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
Agreem~nt
or
the
performance
of
services,
or
the
failure
to
perform
services
as
directed
by
City.
Termination
for
cause
shall
be
effected
by
delivery
of
written
notice
of
termination
to
Consultant.
Such
termination
shall
be
effective
upon
delivery
of
said
notice
.
34 of
53 ATTACHMENT
B
May 5, 2026, Item #7
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
contract
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.
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
interests
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
.
2 35
of
53 May 5, 2026, Item #7
"Consultant"
means
an
individual
who
, pursuant
to
a
contract
with
a
state
or
local
agency
: (A)
Makes
a
governmental
decision
whether
to
:
1. Approve
a
rate,
rule
or
regulation
;
2. Adopt
or
enforce
a
law;
3. Issue
, deny
, suspend
, or
revoke
any
permit
, license
, application,
certificate
, approval,
order,
or
similar
authorization
or
entitlement;
4. Author
ize
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
Ci
ty
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
Refo
rm
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
.
DISCLOSURE
DETERMINATION
:
181 □ 10.
1. ConsultanUContractor
will
not
be
"making
a
government
decision"
or
"serving
in
a
staff
capacity"
as
defined
in
Sections
A
and
B
above
.
No
disclosure
required
.
2. ConsultanUContractor
will
be
"making
a
government
decision"
or
"serving
in
a
staff
capacity"
as
defined
in
Sections
A
and
B
above.
As
a
result
,
Consultant/Contractor
shall
be
required
to
file
a
Statement
of Economic
Interest
with
the
City
Clerk
of
the
City
of
way
in
a
timely
manner
as
required
by
law
.
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
writ
ing
.
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
perta
ining
to
costs
incurred
and
shall
make
such
materials
available
at
its
office
at
all
reasonable
times
during
the
contract
period
and
for
three
3 36
of
53 May 5, 2026, Item #7
(3)
years
from
the
date
of
final
payment
under
this
Agreement
, for
inspection
by
City
and
cop
ies
thereof
shall
be
furnished
, if
requested
.
12. Independent
Contractor.
At
all
times
du
ring
the
term
of
this
Agreement,
Consultant
shall
be
an
independent
contractor
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
.
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)
ot
her
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
lndemn
itees
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-consultants
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,
econom
ic
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-consultants
or
employees,
committed
in
performing
any
of
professional
services
under
this
Ag
reement.
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
negl
igence. 4
37 of
53 May 5, 2026, Item #7
(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.
(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
desGribed
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.
5 38
of
53 May 5, 2026, Item #7
Consultant's
personnel
shall
at
all
times
comply
with
City's
drug
and
alcohol
policies
then
in
effect.
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
S!JCh
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
.
24. Certification
and
Indemnification
Regarding
Public
Employees'
Retirement
Law/Pension
Reform
Act
of
2013.
Contractor
hereby
certifies
that
all
persons
providing
services
to
City
by
Contractor
are
not
current
members
of
the
California
Public
Employees'
Retirement
System
(CalPERS)
and
shall
not
become
members
of
CalPERS
while
providing
services
to
City.
6 39
of
53 May 5, 2026, Item #7
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
unenforcec1bility
, be
severed,
and
the
remaining
provisions
of
this
Agreement
shall
remain
in
effect.
(Remainder
of
page
intentionally
left
blank)
7 40
of
53 May 5, 2026, Item #7
IN
WITNESS
WHEREOF,
the
parties
hereto
have
duly
executed
this
Agreement
on
the
date
first
above
written
.
CITY
OF
POWAY
• anager
ATTEST: APPROVED
AS
TO
FORM:
By
(Jt..
~
Alan
Fenstermacher
, City
Attorney
41 of
53 PROJECT
DESIGN
CONSULTANTS,
a
Bowman
Company
°"}o1•Jy"l:J<>fl!llyJ.!lM""'W1,1"\
Marina
Wurst
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By
:
O•tt
202l
1002
17 :WO!l
,0'1Xl'
Marina
Wurst
, PE,
Principal
-In-Charge
8 May 5, 2026, Item #7
A.
"SPECIAL
PROVISIONS"
EXHIBIT
"A"
Scope
of
Services.
Consultant
agrees
to
perform
consulting
services
as
required
by
City,
which
shall
consist
of
the
eng
ineering
study
and
assessment
services
further
described
in
the
Scope
of
Services
submitted
with
the
proposals
dated
September
5,
2023,
which
is
included
in
this
document
as
Attachment
1,
and
incorporated
by
reference,
as
if
its
contents
were
fully
set
forth
herein
.
Consultant
shall
provide
the
necessary
qualified
personnel
to
perform
the
services
.
B.
Compensation
and
Reimbursement.
City
shall
pay
Consultant
a
fee
in
accordance
with
the
Fee
Proposals
submitted
with
the
proposals
dated
September
5,
2023,
which
are
included
in
th
is
document
as
Attachment
2. Total
fee
is
not
to
exceed
one
hundred
thirty-nine
thousand
six
hundred
sixty-five
dollars
($139,665)
. 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
.
C.
Term
of
Agreement.
This
Agreement
shall
commence
and
be
effective
as
of
October
18 ,
2023
("Effective
Date
"),
and
shall
automatically
terminate
upon
completion
of
the
Project,
as
determined
by
the
City
in
its
sole
discretion
, unless
sooner
terminated
by
City
as
provided
in
the
section
of
this
Ag
reement
entitled
"Termination
."
Upon
the
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
fo
r the
purposes
of
this
Agreement.
D.
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
1 42
of
53 May 5, 2026, Item #7
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
comb
ined
single
limit.
(c)
Consu
ltant
shall
obtain
and
maintain,
during
the
life
of
the
Agreement,
a
policy
of
Professional
Errors
and
Omissions
Liability
Insurance
with
policy
limits
of
not
less
than
$1
,000,000
combined
single
limits
, per
claim
and
annual
aggregate
.
(d)
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
Profess
ional
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,
off
icers,
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.
E.
Notices. All
notices,
billings
and
payments
hereunder
shall
be
in
writing
and
sent
to
the
following
addresses
:
To
City
:
To
Consultant:
2 43
of
53 City
of
Poway
-
Development
Services
13325
Civic
Center
Drive
Poway
, CA
92064
Project
Design
Consultants
701
B
Street
, Suite
800
San
Diego
, CA
92101
May 5, 2026, Item #7
Attachment
1 Scope
of
Work
►
When
the
project
is
awarded
and
our
team
is
authorized
to
proceed,
we
will
provide
a detai
led
explanation
of
the
scope
of
services
for
this
project.
Identifying
goals
at
the
start
of
a
project
is a
necessa
ry co
mp
one
11t
to
the
project's
success
. We
wi
ll ma
int
ain
ope
n
a11d
fluid
co
mrnu11i
catio
11 throughout
the
length
of
the
project,
respecting
the
existing
site
conditions
of
Rattlesnake
Creek
and
the
population
current
ly
utilizing
the
space.
1. PROJECT
MANAGEMENT
The
PDC
I Bowman
team
will
prepare
a project
management
plan
that
supports
ongoing
team
and
agency
coordination,
open
lines
of
communication,
regularly
scheduled
meetings,
quality
control
/
assurance,
and
ongoing
tracking
of
key
project
issues
and
resolutions.
This
document
will
guide
external
and
internal
organization
and
distribution
of
critical
information.
It
will
outline
the
project
schedule,
budget,
contractual
relationships,
contact
information
for
City
and
team
m
embe
rs,
team
respo
nsibiliti
es,
proj
ec
t goa
ls a
nd
e;
pec
tati
ons,
flow
of
comm
unica
tion,
meeting
schedule,
public
outreach
schedule,
and
other
elements
critical
to
the
success
of
the
project.
This
schedu
le
will
be
subdivided
into
detailed
programs
for
individual
project
elements,
which
will
be
monitored
monthly
against
progress
.
... .
~
~~:~t··
Project
Coo
rdi
nation+
Administration
Coordination
. The
PDC
I Bow
m
an
team
w
ill
m
aintain
close
coo
rdina
tion
w
ith
City
staff
and
regu
latory
agencies
throughout
the
entire
project.
Marina
Wurst,
PE
will
serve
as
Principal-in
-Charg
e alon
gside
Se
ni
or Proj
ect
Manager,
Che
lisa
Pn
ck,
and
se
rv
e as
th
e
liaiso
11 betwee
11 City statf
and
th
e cons
ult
a11t
team
.
Communication
. Th
e PD
C
I Bow
man
team
w
ill
m
ain
ta
in
co
nsi
stent
commu
ni
cat
ion
w
ith
City
stil
ff
and
consultant
member
s to
review
project
concepts
and
keep
the
project
on
schedu
le and
within
budget.
Regular
communication
among
the
team,
stakeholders,
and
th
e City
will
be
facilitated
through
the
Project
Manager.
Project
Meetings.
The
PDC
I Bowman
team
w
ill
atte
nd
th
e "k
ick-off"
meet
ing
with
City
staff
subsequent
to
the
Notice
to
Proceed.
The
purpose
of
this
meeting
is
to
get
acquainted
wit
h
part
icipat
in9
Ci
ty
staff
, present
the
proje
ct,
clel
e9ate
respo
nsibilit
y,
and
outline
overa
ll goa
ls and
Bowman
I City
of
Poway
Community
Park
Drainage
I September
5,
2023
30 44
of
53 May 5, 2026, Item #7
des
ired
µro
ject
outco
m
es.
Thi
s w
ill
in
clu
de
refi
nin
g
th
e
µroject
sco
pe,
act
ion
ite
m
list,
and
sc
hed
ul
e
to
better
define
tasks,
es
tab
lish
key
m
iles
tones,
and
deve
lop
crea
tive
so
luti
ons to
m
ain
ta
in
th
e
projec
t
schedule
and
budget.
Th
e
PDC
I Bow
m
an
team
w
ill
wo
rk w
ith
th
e C
ity sta
ff
to
sc
hed
ul
e
ro
utin
e
meet
in
gs
th
at
di
sc
uss
th
e
statu
s of
va
rio
us wo
rk e
ffo
rts,
th
e
pro
jec
t sc
hed
ul
e,
and a
ny iss
ues
and
op
portuni
ties
that
arise
that
require
input
and
direction
. Following
these
meetings,
notes
or
action
items
will
be
documented
and
distributed
to
the
team.
To
minimize
cost
s, some
meetings
may
be
conducted
via
conference
call
or
on
line
Zoom
meetings.
2. PRELIMINARY
RESEARCH/INVESTIGATION
ASSESSMENT
Th
e
Co
nsu
lta
nt team
wi
ll co
nduct field
visits to
inspec
t the
ex
istin
g
co
nditi
ons of the chann
el and
Rattl
es
nake
Creek.
Thi
s invest
iga
tion
w
ill
re
fin
e
th
e
site's
op
portuniti
es
and
co
nstra
int
s fo
r th
e.channe
l
repair
and
.the
team
will
work
collaboratively
to
provide
concept
designs.
The
Consultant
team
. will
review
the
as-built
information
provided
from
the
City
of
Poway
RFP
and
will
coordinate
with
the
City
of
Poway
and
other
agencies
for
addition
al drawings
and
information
needed
including
existing
utility
infrastructure
.
A
flo
w
n a
er
ial im
age
ry an
d t
opog
raphy
will
be
pr
epar
ed
of th
e
pr
oject
ar
ea
for
ex
isting
co
nt
our
s and
elevations.
Partial
Boundary
Survey
: PDC
will
provide
surveying
services
to
prepare
a partial
land
survey
of
the
subj
ect p
rop
erty as defin
ed
by
NSPS.
PD
C w
ill
perform
a field
survey
of the s
ubj
ec
t pr
operty
using
the
legal
description
in
the
title
report
provided
by
the
Client
and
as
outlined
above.
The
survey
will
be
based
on
existing
found
property
monum
ents,
available
evidence,
research,
record
maps
and
deeds
and
w
ill
be
suf"fi
cie11l
to
pr
epare
fut
ure
proj
ec
t d
es
ign.
Thi
s w
ill
no
t b
e
a full
and compl
ete
bound
ary
survey
but
w
ill
be
suffi
cient
to
plot th
e
ex
istin
g p
rope
rty
lin
e,
ease
m
ent
s of re
cord
and
aerial
topography.
Aerial
Topographic
Mapping
and
Imagery:
PDC
will
prep
are
acquire
new
aerial
imagery
of
the
approximately
20-acre
park
site
and
will
prepare
aerial
topographic
mapping
that
will
meet
national
mapping
accuracies
for
a
l "=
40'
scale
with
a
1-foot
contour
interval.
The
mapping
limits
will
include
the
land
area
of
th
e project
site
and
at
least
SO
-feet
of
overlap
into
the
adjoining
properties
and
roads
. The
aerial
mapping
will
be
tied
to
the
appropriate
City
of
Poway
horizontal
and
vertical
datums
. In
additional,
PDC
will
prepare
a 0.25
' digital
color
ortho
of
the
same
area.
This
is
the
design
topography that
will
be
utilized
for
preliminary
engineering.
Encumbrance
Title
Review
: review
of
a current
City-provided
title
report.
Any
recorded
easement
encumbrances
contained
within
the
provided
preliminary
title
report
will
be
plotted
. The
survey
will
be
based
on
the
above-described
requirements,
a completion
date
of
approximately
5-6
weeks
,
after
written
authorization
to
proceed,
and
delivery
of
a
preliminary
title
report
with
referenced
documents.
Additional
topographic
and
surv
ey data
will
be
collected
to
support
preparation
of
existing
base
/
master
file.
This
base
file
task
wi
ll inc
lude
the
creat
ion
of
th
e e
lectro
ni
c AutoCAD
drawing
file
wh
ich
incorp
orates
the
ae
rial topography
i111d
su
rvey
da
ta.
The
bas
e
master
file
w
ill
also
include
ex
isting
utilit
y in
fo
rm
at
ion
ge
nerated
fro
m
the
ae
rial topog
raph
y,
fields
visits.
ex
isting
FEM
A
flo
odpl
ain
line
work
for
floodp
lains
and
flooclways,
and
ava
ilabl
e City reco
rd
res
ea
rch.
Thi
s base
file will
be used
to
creat
e
th
e
proposed
repair and
/or
restoration
concept
plans.
Bowman
I City
of
Poway
Community
Park
Drainage
I September
5,
2023
31 45
of
53 May 5, 2026, Item #7
I
. •'
~11
/
'·:-"'
.''.J··'·~.~-(
.. •• J
,
.
t~ .◄• , ..... ..
.
-.•
-"
A
RECON
bio
logist
w
ill
co
ndu
ct
a fie
ld
reco
nn
aissa
nce
site
visit to
gather
informat
ion
on
th
e
existing
condition
of
the
subject
reach
of
Rattlesnake
Creek
and
assess
the
potential
options
for
tlie
res
toration
effor
t.
Representative
ph
otog
raph
s w
ill
be
taken
of
the
eros
ional da
m
aged
areas
for
reference.
A
recent
aeria
l photograph
of
the
creek
reach
will
be
used
to
prepare
a preliminary
map
of
th
e creek
location,
damag
ed
areas,
and
existing
vegetation
communities.
This
information
will
be
used
in
the
preparation
of
the
project
base
maps.
RECON
will
gather
information
on
current
natural
and
m
an-made
techniques
for
the
restoration
and
stabilization
of
creek
beds
and
banks.
This
research
will
be
used
to
determine
the
best
options
available
to
me
et the
nee
ds
of
the
creek
restoration
project
chosen
.
Geocon's
team
will
review
published
geologic
reports,
in
-hou
se
geotechnical
reports,
published
geologic
map
s,
and
other
literature
pertaining
to
the
site
and
adjacent
areas
to
aid
in
evaluating
geologic
ha
zards
that
may
be
present.
Th
ey will
be
res
ponsibl
e for
sc
hedu
ling
an
Underground
Service
Alert
(dig
alert)
for
utility
location
. Geocon
will
perform
up
to
4 ex
ploratory
borings
to
depths
up
to
15 feet
below
existing
grade,
to
observe
site
soil
conditions
and
obtain
samp
les
for
laboratory
testing
using
a
limited
drill
rig.
They
wi
ll then
perform
laboratory
tests
on
selected
soil
sa
mples
to
evaluate
compaction
characteristic
s,
ex
pansion
inde
x, and
corrosivity
characteri
stics
of
the
prevailing
so
ils encountered.
De
liverable:
A
comprehensive
AutoCAD
bas
efil
e of ex
isting
conditions
and
a Tech
nica
l Me
m
orandum
of
Assessment
including
site
vi
sit
survey
notes,
evaluations,
photograph
s,
surveys,
and
other
appropriate
documentat
ion. Additiona
lly the
co
nsult
ant
w
ill
provide
an
elect
roni
c AutoC
AD
file of the
prop
erty
parcel
base
map
and
topography
information
.
3. CONCEPT
DESIGN
&
COST
ESTIMATES
PDC
I Bowman
wi
ll revi
ew
Ratt
lesnake
Ci
in
yo
n
Cree
k and
summari
ze
an
es
timat
e
of
flow
rat
es
for
different
return
period
stor
m
eve
nt
s using
pub
lished
FEMA
va
lues
to
assist
w
ith
the
co
nce
ptua
l
design
s of
the
creek
channel
repa
ir.
Chang
Consultants
w
ill
deve
lop
a
preliminary
HEC
-RAS
mod
el to
analyze
the
existing
channel
conditio
ns through
the
Community
Park.
This
preliminary
model
will
use
the
ex
isting
survey
elevation
s deve
loped
in
Scope
item
#2
and
the
hydrology
result
s to
help
determine
th
e channel
velocities
w
hich
may
have
contributed
to
erosion
of
the
existing
channel.
This
pr
eliminary
ana
lysis
will
help
inform
and
further
develop
which
design
alternative
s to
present
in
the
Final
Report
Assessment
.
Bowman
I City
of
Poway
Community
Park
Drainage\
September
5,
2023
32 46
of
53 May 5, 2026, Item #7
Thi
s o
verall co
nce
pt
design
pro
cess
w
ill
in
co
rpor
ate
the
findin
gs
of the site visit.
RECON
's eco
logical
and e
nvironm
ental
pe
rmit
findin
gs, PD
C
I Bo
wm
an's chann
el gradin
g
opti
ons
, a
nd
Chang
Con
sult
ants
'
preliminary
HEC
-RAS
analysis.
The
Consultant
team
wi
ll proceed
to
produce
up
to
two
(2)
conceptual
designs.
Conceptual
designs
for
potential
repair
and
/or
enhancement
will
target
a goal
to
provide
long
term
sediment
management
capabilities
and
prevent
erosion,
while
also
meeting
other
goals
for
im
prove
m
en
t of the
pa
rk
ar
ea. Th
e co
nce
ptu
al des
ign
m
ay
also
in
co
rpo
rate
wa
ter qu
ality
benefit
s and
restoration
of
creek.
The
design
alternatives
could
include,
but
not
be
limit
ed
to,
riprap,
reinforced
turf
mats,
gabion
lin
ed
channels,
and
/or
drop
struct
ures.
Th
e two
co
nce
pt des
ign
s wi
ll includ
e th
e
pr
opose
d
chann
el layout
and
floo
dplai
n
boundari
es,
channel
and
floo
dplain
cros
s-s
ecti
on
dim
ensions for
riffl
es
an
d
po
ols,
lon
gitudin
al profil
e,
and
vegetation
plan
. The
plan
wou
ld
also
include
proposed
stormwater
outfall
treatments
to
improve
water
quality
.
The
Consultant
team
wi
ll prepare
cost
estimates
fo
r each
proposed
concept
design
includin
g
quantities
and
unit
costs
based
on
current
Development
Services
Engineering
Division
Unit
Price
List
and
current
market
estimates
.
4. ANTICIPATED
ENVIRONMENTAL
CLEARANCE
&
PERMITS
RECON
will
provide
a description
of
the
scope
of
regulatory
approvals
and
permits
that
wil
l be
required
to
perform
th
e creek
restoration
work
for
each
concept
alternative.
Each
alternative
creek
restoration
concept
w
ill
be
reviewed
to
ensure
that
it
meets
the
condition
s necessary
to
comp
ly
with
the
applicab
le federa
l, state,
and
lo
ca
l laws,
regulations,
standards,
and
guidelines
for
work
in
potential
jurisdictional
waters.
5. PREPARATION
OF
DRAFT
&
FINAL
REPORT
ASSESSMENT
.
Our
draft
Creek
Assessment
and
proposal
of
conceptual
repairs
will
document
the
feasibility
study
evaluating
existing
channel
conditions,
and
consider
opt
ions
for
channel
restoration
within
the
constraints
of
th
e
waters
hed
and
surr
oun
ding
land
us
es, and
produce
a finill repo
rt of
find
in
gs
w
ith
conceptua
l design
options
. The
proposed
channel
repilir
and
/or
restoration
design
parameters
will
be
selected
based
on
existing
geomorp
hi
c conditions,
ref
erence
channels,
and
hydraulic
analysis
..
Geocon
w
ill
prepa
re a
geotechnical
report
in
accordance
with
the
2022
California
Bui
lding
Code
and
pr
esenting
their
find
ings,
co11c
lusio11s,
and
recomme
ndation
s regardi
ng
the geotec
hni
ca
l aspec
ts of
constructing
the
proposed
surface
drainage
improvem
ents
.
Bowman
I City
of
Poway
Community
Park
Drainage
I September
5,
2023
33 47
of
53 May 5, 2026, Item #7
Th
eir re
port
w
ill
includ
e a s
ummar
y of
the
pot
entia
l geo
log
ic hazards
th
at
mi
ght
affe
ct the
proje
ct
(fau
lti
ng
, liquefact
ion
, se
ism
ic s
hak
in
g,
lands
lides
), so
il/exc
Jvat
ion
characteristics,
and
preliminary
geotec
hni
ca
l re
co
mm
enda
tions for
the
des
ig
n
and
constr
uctio
n
of the
project
including
:
Excava
tion
and
So
il Characte
rist
ics;
Tempo
rary
Excavat
ion
Recommendation
s (if
app
licab
le)
;
Grad
in
g
Recommendations
;
Dewatering
Reco
mm
endati
ons (if app
licab
le);
Storm
Water
Ma
nag
em
ent
Recomm
endat
ions;
and
Hards
ca
pe
De
sign
Reco
mm
end
at
ions.
PDC
I Bowman
w
ill co
mpi
le t
he
in
fo
rma
tion
from
the
mu
lti
-discip
linary
team
into
a comprehensive
report
. Our
in
house
grap
hi
c rend
eri
ng
te;im
wi
ll visua
lly depict
up
to
two
(2)
specific,
m
eas
urab
le,
an
d
rea
list
ic outco
m
es
w
ith
in-d
ept
h
m
erit
s a
nd
demerits
, as
we
ll as
a co
ncise
exe
cutive
summary
giving
clear
expectat
ions
on
fea
sible options
.
De
liverable:
Draft and
Fina
l Report,
inc
lu
ding
Co
ncept
ua
l Cha
nn
el Retrofi
t Plan
Bowman
I City
of
Poway
Community
Park
Drainage
I September
5, 2023
34 48
of
53 May 5, 2026, Item #7
.i:,.
1.0 0 ....
U'1
w
~ PROJECT DESIGN
CONSULTANTS
~ Bow m a n comp a ny
Pla nn l11g L,11111dsCffP• Arc:hiuch.U ■ Engin•srln,;a Sur•ay CITY OF POWAY COMMUNITY PARK Senio,
CONCRETE RIBBON DRAIN Project
ASSESSMENT Manager
i;,1.v:o?J Land. Arch.
S215
TASK 1 -Pro eel Manaa1m1111
1.1 P1 o'oet Kick Off MaetiM 2.0
1.2 Oisciol ne Coordination 2.0
1.3 Pro 'eel Mano1noment
1.4 Citv Mootinos Auum<is 6 Meelina, 6.0
TASK 1 TOTAL 10
TASK 2 - Pralimin a ry ReHucMnv.sOg atlon & Assurnanl
2.1 Exislino utilities resea,ch (GIS)
2,2 ExislinQ utililie, ,esenrch
2,3 Record Rese:uc h
2., RECON-lnitial Biok>qic31 Research
2.5 Aerial ToPoQraphy {Dione)
2., Mapr;,ina
2,7 GEOCON Initial Gcotcchnical lnvestloation
2.1 Chanq Consuh.:mts Initial HEC-R.AS & Reoor1
2.9 Ch;,ng Consullanls Sedimen l Transport An 1tt)'sis' (Optional , see below\
2.10 Suoolomcml::11 Survev
2, 11 SileVlsit
2.12 Baserile Comoilation
TASK 2 TOTAL 0
TASK 3 - Conceol Ou ion & Cost Eslim atn
3.1 Concec:,t EnmneennQ - Two (2) Artem ative Desi ns
l.2 Concept Landscape. Two (2 AMetnative Oe,1ans • 3.3 RECON 3 .• GEOCON Design Consuhation
3.S J.T. Kreuet
TASK 3 rorAL •
TASK 4 -Antic ! at•d Environmental Clearanc e & Permits •. 1 RECON I
TASK 4 TOTAL I 0
TASK 5 - Pre par ati on ol Oran & Final Reoort An.ssm• nl
5.1 Oran Reoort Preoarat1an 8
5.2 Final Reoor1 Prooaration • TASKS TOTAL 12
, v,~'- c~ ,,_ ,cu ;;,;;,i;,~A~;;;;o•,i';~;;~;~~~s~I 30 Serior Landscape
Landscape Designer/
Architec\ Graph<s
S145 S135
0 0
2.0 2.0
'
0 12 16
12 16
I I
I 0 I 0
0 I 0 I
11 11
PERSONNEL HOURS· LABOR COSTS
Senior Asst Senior Pfanner Projec! Projecl Project Project RECON Graph<s Engineer Manager Manage< Manage< CiviEna WO Ena Survevor
$125 $115 ms $160 $215 $215
2.0 2.0 2 .0 2.0
2.0 •.o
1-4 .0 6.0 10.0
6.0 6.0 6.0 6.0
10 22 12 6 0 13
•.o
•.o
•.o 4.0
25.0 3.0
10.0 3.0 •.o ,.o
• 2.0 3.0
11 0 • 20 13 2S
10 20 100
•o
10 •o 10 20 100 0 10
2S
0 0 0 0 0 2S
32 I 20 30
12 I 12 I 20
,. I 32 I so 0 0 0
105 H 81 121 11 71
Senior Adminl
Survey,t!ap 2-Man survey ciericalltech TOTAL
HOURS Technician crew ec>t
• $145 $250 S90
10 3
30 30
0 0 0 78
6 • 8
2S
62.0 70
28.0 33
0 0
0 8.0 8
13 10
90 3 0 132
130
76 10
0 0
0 0 0 216
I 2S
0 0 0 2S
I I I 90
I I I •• I 0 I 0 0 I 133
to I 0 llt
TOTAL
LABOR
COST
($)
I S1.910 I
Sl.00 I
$6,120
SS,730
$15 110
S790
SS-40
SI.I.CO
S5.l7S
510 ,710
S6 210
so
so
so
S2,000
S2,045
S1 ,650
S30 HO
s21.eso
$10 ,620
52.150
so
so
$34 620
SS 37S I
S5 3751
I 515 .570
I S8.64O
I 52< 210 I
S1ot,M5
OTHER
DIRECT
COSTS
($)
so
S6.54S
517,600
S24 U5
S2 03S
S3.540
$5,575
I
so I
SO I
$21,720
TOTAL
COST
(S)
S15180
SS< 705
$40,195
$5375
$1' ,210
S131,115
)>
6f n :::r
3 CD
::s
-N
May 5, 2026, Item #7
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.
Deeri11g's
California
Codes
A1111otated
>
GOVERNMENT
CODE>
Title
1 General>
Division
7 Miscellaneous>
Chapter
21 Public
Pe11sio11
and
Retireme11t
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
inter
ruption
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)
50 of
53 (l)Notwithstanding
subdivision
(c)
, any
retired
person
shall
not
be
eligible
to
serve
or
be
employed
by
a
pub
I ic
employer
if, during
the
12-month
period
prior
to
an
appointment
described
in
this
section
, the
retired
person
received
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
May 5, 2026, Item #7
Cal
Gov
Code
§ 7522.56
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
th
e
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:
51 of
53 (l)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
till
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.
(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
I,
2013
,
or
has
been
included
in
subsequent
agreements
.
2 May 5, 2026, Item #7
----··-·--
-
-
--
--
---
--
-
---
-
-Cal
Gov
Code§
7522
.56
(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
o(the
Education
Code.
(i)This
section
shall
not
apply
to
(I)
a subordinate
judicial
officer
whose
position
, upon
retirement
, is
conve1ted
to
a judgeship
pursuant
to
Section
69615
, and
he
or
she
returns
to
work
in
the
converted
position
, and
the
employer
is
a trial
cou1t
, 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
3./0).
effective
January
I, 2013.
Amended
Stats
2013
ch
528
§
11 (SB
13)
, effective
October
4, 2013
(ch
528
prevails)
; ch
76 §
75 (AB
383)
, effective
January
I, 2013;
Stats
2014
ch
238
,, 1
(AB
2476),
effective
January
I, 2015.
Annotations Notes
Amendments: Note--
Amendments: 2013
Amendment:
Substituted
(I)
"have
passed"
for
"has
passed"
in
the
first
sentence
of
subds
(f)(I)
and
(t)(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).
3 52
of
53 May 5, 2026, Item #7
RATTLESNAKE CREEK
CONCEPT DESIGN OPTION 3 - NATURALIZED CHANNEL &
DROP STRUCTURES
c"
Option 3 Exhibit
/
• /' "
/ _,/
/ (>
- - ---- \ c; " ,,, / ~ o
y 0tJ
EX/5nNG CONDlnONS • 0
1"=40'
Reduces erosive velocities
with riprap-lined drop
structures
Allows for paals/law lying
areas far wetland vegetation
ta establish
~ / ~ ~ ,/4
4 /
~ NatlY,frPihwat
,/ i trnm autlna:~ :::::: :~ .. ~::ot.and
✓ .,,-
Examples:
~: .- / ,
-
c\>
G Ci /~
~; 0
',~ /~~ '·""'"'"'· •.;?'iA,..,. ~ / ~ N-,il . 1radln&and~ructurHper yrr.
/' / ·~•ibbo, ~ •• , , u
✓ repLlcil'lrdJ° _t1:r(wilhcobbi.sJ
1uttu N10r1te<lu istinr
Materials used·
Boulders & rack
Grasses & shru:S
Trees
Concrete
Reduced channel
maintenance due to lower
erosive velocities
Racks/ boulders can match
surrounding landscape
;:_-,,--=-~,;-· - lntu mittant ;11ndn, turallookin1bou ~ .11ndcob~ Drop structures ta blend into
landscape aesthetic
Potential ta regrade channel
slopes next to play area
'-------- ~--·~· ' H,,.,.,,,, 11/dropstrudurr
'·
~
A drop structure, also known as a grade contra/,
sill, or weir, is a manmade structure, typically
small and built on minor streams, to pass water
ta a lower elevation while contra/ling the energy
and velocity af the water as it passes aver.
Strum N!cnhe-dw ith
bouldento ruldewu, r
Tr, peioldllconcr'1 t chlnn~with
n.atur,lbouldento1u ldt!' w1tff llow
(nuis1ncew11,r)
GRADING OF CHANNEL
CONCRETE OR COBBLE
LINED CHANNEL
(SIZE PER
H'i'DROLOGY EXPERTI