Item 3 - Approval of Agmt with Dudek for Environmental & Biological Fieldwork for Stormwater Maint. Programs; RFP No. 20-019July 7, 2020, Item #3DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway CITY COUNCIL July 7, 2020 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works ~,t{' Will Wiley, Assistant Director of Public Works for Maintenance Operation~ (858) 668-4705 or wwiley@poway.org Approval of Agreement with Dudek for Environmental and Biological Fieldwork for Stormwater Maintenance Programs; RFP No. 20-019 A notice inviting proposals for Environmental and Biological Fieldwork for Stormwater Maintenance Programs was advertised on April 16 and April 30, 2020. Seven proposals were received on May 21, 2020. Staff determined Dudek as the best firm to meet the needs of the City based on established criteria. The first term of the Agreement is one year and eleven months beginning August 1, 2020, through June 30, 2022. The Agreement may be extended through a total of three separate one-year extensions subject to City Council appropriation of funds. The maximum length of the Agreement would be up to five years. Recommended Action: It is recommended that the City Council award the Agreement for Environmental and Biological Fieldwork for Stormwater Maintenance Program, RFP No. 20-019, to Dudek, and authorize the City Manager to execute all necessary documents. Discussion: Biological fieldwork services are part of the City's on-going, permitted, concrete and earthen channel maintenance program. Annual concrete channel cleaning covers 45 City-owned sections of concrete channels (approximately 7.1 miles) and earthen channel maintenance includes 26 sections of City-owned drainage channels (a total of approximately 25 acres). The annual maintenance of these channels is intended to assure flood conveyance during peak winter storm flows by removing invasive exotic species, sediment, debris and trash within these drainage systems in advance of the rainy season. Biological fieldwork services are necessary prior to work being performed within these drainage systems in order to comply with regulatory permit requirements. Accordingly, a Request for Proposal (RFP) for environmental and biological fieldwork in support of stormwater maintenance program activities was advertised on April 16 and April 30, 2020. The City 1 of 23
July 7, 2020, Item #3received seven proposals on May 21, 2020, in response to the RFP. An evaluation committee reviewed the proposals based on criteria set forth in the RFP, which included qualifications of the firm, overall understanding of the City's program, project experience and cost. Below is a list of responsive proposers. Firm City I Annual Cost Dudek Encinitas, CA $11,435.00 ECORP Consulting, Inc. San Diego, CA $9,830.00 Blackhawk Environmental San Diego, CA $38,440.00 KMEA National City, CA $12,387.00 Chambers Group San Diego, CA $19,455.00 HELIX Environmental Planning La Mesa, CA $201,155.00 Wildscape Restoration Ventura, CA $26,420.86 The evaluation committee determined that Dudek best met the City's criteria and needs, and as a result, Dudek ranked the highest out of 100 possible points among the seven firms. Costs were a factor in the evaluation process, but not the sole determining factor in the selection of a firm. In support of the City's channel maintenance program, Dudek will review regulatory agency permits, conduct environmental surveys (e.g., bird surveys), mitigation activities, submit post activity report and findings. In addition to their channel maintenance support, Dudek specializes in resource analysis, survey and reporting, permitting, construction support and general coordination services with experience in biological resources and wetlands/water quality, which can also assist in the City's urban forestry management program. The Agreement's amount will include the annual channel maintenance program costs of $11,435 per year for five years ($57,200) and $17,800, for as-needed environmental services in support of the City's open space maintenance programs and as-needed environmental work required for the pending Hazard Mitigation Grant Program, for a total not-to-exceed amount of $75,000. The initial Agreement is one year and eleven months beginning August 1, 2020, through June 30, 2022, with options to extend the Agreement for three separate one-year extensions subject to Council appropriation of funds. The maximum length of the Agreement would be up to five years. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Funds are available in the Stormwater and Flood Control Division's Fiscal Year 2020-21 Budget (412040-41200) for as-needed Environmental and Biological Fieldwork services. Amounts for subsequent fiscal years will be included in the annual budget process for Council's consideration. Public Notification: None. 2 of 23
July 7, 2020, Item #3Attachments: A. Agreement with Dudek Reviewed/Approved By: Assistant City Manager 3 of 23 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
City of Poway STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this day of August, 2020, by and between the CITY
OF POWAY (hereinafter referred to as "City") and Dudek (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform
Environmental and Biological Fieldwork for Storm Water Maintenance Programs for the City (Project); and
WHEREAS, Consultant is a(n) environmental and 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
CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:
1.Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "SpecialProvisions" 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 "SpecialProvisions" attached hereto and made a part hereof.
4.Termination.
This Agreement may be terminated with or without cause by City. Termination
without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement.
This Agreement may be terminated by City for cause in the event of a material breach of this
Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such
termination shall be effective upon delivery of said notice.
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1
ATTACHMENT A July 7, 2020, Item #3
July 7, 2020, Item #35. 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. 5 of 23 2
July 7, 2020, Item #3"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. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: [8J 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor 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 Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 6 of 23 3
July 7, 2020, Item #3years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, 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) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-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, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 7 of 23 4
July 7, 2020, Item #3(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 described in Section 1 S(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. 8 of 23 5
July 7, 2020, Item #3Consultant'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 such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 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. 9 of 23 6
July 7, 2020, Item #3Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 10 of 23 7
July 7, 2020, Item #3IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: -----------ATTEST: Faviola Medina, City Clerk APPROVED AS TO FORM: By: ____________ _ Alan Fenstermacher, City Attorney 11 of 23 CONSULTANT By: ___________ _ Name, Title Date: ___________ _ 8
July 7, 2020, Item #3A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the environmental services further described in the Scope of Services submitted with the proposals dated May 21,2020 , 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 May 21, 2020, which are included in this document as Attachment 2. Total fee is not to exceed $75,000. 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 be effective from the period commencing August 1, 2020, and ending June 30, 2022, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. 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 following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 12 of 23 1
July 7, 2020, Item #3(b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant 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 Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 13 of 23 2 City of Poway P.O. Box 789 Poway, CA 9207 4 Complete Name and Address
July 7, 2020, Item #3EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. ( c) A person who retires from a public employer may ·serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 14 of 23 (!)Notwithstanding subdivision ( c ), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 1
July 7, 2020, Item #3Cal 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 the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 15 of 23 (1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the .California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 2
July 7, 2020, Item #3Cal Gov Code§ 7522.56 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code. (i)This section shall not apply to ( 1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System 11 who is assigned to serve in a court pursuant to Section 68543. 5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) 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). 16 of 23 3
July 7, 2020, Item #3ATTACHMENT 1 EXHIBIT 1 SCOPE OF SERVICES Consultant agrees to perform consulting services as required by City. Consultant shall provide the necessary qualified personnel to perform the services described below. 1. Overview: The City's Project encompasses 45 sections of concrete channels (approximately 7.1 miles) and 26 identified earthen work sites (approximately 25 acres in total) all within urban creeks and earthen flood control channels in the City of Poway, San Diego County, California. The City's Project activity entails removal of sediment, vegetation, trash and debris from concrete channels and clearing vegetation to improve flood control capacity and eradicating invasive plant species. The action is authorized through permits with the U.S. Army Corps of Engineers, California Department of Fish and Game, U.S. Fish and Wildlife Service, and the State Regional Water Quality Control Board. The Project is an ongoing maintenance activity that helps reduce the risk of flooding, promotes water quality, and enhance environmental systems in sensitive areas. 2. Consultant will not provide Project management services. Consultant will provide general consulting services in support of the aforementioned Project activities. City is responsible for all mapping, GIS work, permitting, coordination, and reporting to regulatory agencies. 3. Task 1: Permit Review: In order to confirm that City Project activities abide by permits and authorizations, Consultant will review City's permits with the U.S. Army Corps of Engineers, California Department of Fish and Game, U.S. Fish and Wildlife Service, State Regional Water Quality Control Board, and City of Poway Habitat Conservation Plan to become familiar with requirements in regard to Project. 4. Task 2: Recon Survey and Monitoring: Consultant will attend meetings that may be requested or deemed necessary by City to meet the Project goals. Consultant will conduct field surveys at either 45 concrete channels or 26 earthen localities within the City of Poway to assess nesting bird activities, the limits of work, any mitigation responsibilities, and identify exotic plant species for eradication. All annual work shall be on an as-needed basis determined by work needing to be performed and funding. 17 of 23 A. Concrete Channels -To protect nesting birds, no project activities shall occur during nesting season unless nesting bird surveys are completed by a qualified biologist, and no nesting birds are present within 200' radius (500' for threatened and endangered species, and all raptors, including diurnal and nocturnal species). Bird surveys shall be performed as needed. B. Earthen Channels -Native vegetation shall be adequately identified by the biologist and communicated to the field Supervisor to prevent its disturbance during the City's enhancement activities. Consultant will identify willow and other large native trees (trunk diameter 3" dbh [diameter-breast-height]) that would require mitigation if impacted. During the survey, the Consultant's biologist will identify the approximate square footage and 12
July 7, 2020, Item #3ATTACHMENT 1 EXHIBIT 1 location of non-native vegetation and invasive exotic weed species to be eradicated. Consultant biologist will communicate with field Supervisor regarding sensitive native species likely to occur within the Project limits and direct the routes around sensitive habitat areas, including habitat for the coastal California gnatcatcher (Po/ioptila ca/ifornica) and San Diego thorn-mint (Acanthomintha ilicifolia). The biological consultant should be familiar with sensitive native species commonly found in riparian areas. The City's annual Projects are on-going, and the work sites have been previously maintained. Consultant will not flag all individual nesting sites, trees and plants, but will communicate with field Supervisor to avoid impacts to sensitive native species. City has already established the entry points for heavy equipment into the mowing areas. City will map and document the location and quantity of exotics it removes during Project. The survey is anticipated to take place over multiple days. Consultant will be responsible for presenting data in a timely fashion to City to use in conducting its scheduled channel mowing/flood control activities. The initial pre-maintenance survey work will be documented by Consultant in short memos or e-mails to City. 5. Task 3: Survey Memos and Monitoring Report: As the Consultant completes each section or group of sections, a brief memo or e-mail shall be provided to City reporting the findings. Generally, the memos will include a description of the resources at each site, the locations of areas with nesting activity, needing mitigation and areas where non-native species removal is being proposed. 18 of 23 A. Concrete Channel Cleaning -The biological consultant will perform bird nesting surveys as needed and provide a brief memo or e-mail reporting the findings. If a nesting site is identified the consultant will advise and make recommendations. In addition, post work annual reports will be required to be performed. B. Earthen Channels -The biological consultant will be responsible for review of final maintenance impact data provided by the City of Poway in both map and table format for impacts to native tree species larger than the 3" dbh threshold and the noxious weeds within the project area. In addition, letter memos describing work activities in progress, general conditions, and any required mitigation measures will be furnished as needed to City. The final maintenance memo will include a description of the resources at each mowing site, the mitigation needs (if any) at each location, any impacts outside the limits of work, and areas (with acreage summary) where non-native species removal was completed. City will map and document the location and quantity of invasives removed. C. Reports -City prepares annual report to regulatory agencies as required by permits. For example, the Army Corps requires a post-activity report detailing project compliance with RGP 41 and confirming that any mowing did not constitute a discharge of fill. The California Dept. of Fish and Game 13
July 7, 2020, Item #3ATTACHMENT 1 EXHIBIT 1 requires an annual report detailing maintenance conducted. Consultant will prepare the biological/environmental monitoring section of the report to be drafted and finalized by Consultant with the direct input, collaboration, and approval of the City of Poway, Public Works Department. Consultant will meet City's timeframe for delivery of report section. 6. Task 4: Client Coordination: A. Pre-maintenance Nesting Bird Clearance Surveys -The biological consultant will be responsible for conducting pre-maintenance nesting bird surveys, as requested, prior to any work being conducted during the migratory bird nesting season. After surveys are completed, a letter report will be filed with the City describing any work limitations that would be required to avoid damage to nesting bird species found within areas proposed for maintenance activities. 7. Task 5: As-Needed Services: As-needed services include but are not limited to: assisting with regulatory work with Army Corps of Engineers, Regional Water Quality Control Board, California Department of Fish and Wildlife, including Nation Wide Permits (NWP) and Regional General Permits (RGP) and Poway's Habitat Conservation Plan (HCP) as it relates to storm water system maintenance, natural channels, and open space maintenance; work in the Wildland Urban Interface (WUI), and urban forestry lands within the boundaries of Poway. These services include but are not limited to preparing environmental documents according to the procedures established by applicable local, state, and federal agencies (i.e., CEQA, NEPA, etc.). Services include participation in public scoping meetings, resource agency meetings, securing encroachment permits, synthesizing technical environmental and engineering studies, vegetation mapping, technical writing, alternatives analysis, developing summary reports, developing and monitoring mitigation plans and costs, developing defensible findings, preparing documents in compliance with applicable regulatory agency standards, and securing construction and maintenance permits. Services include developing recommendations for project conformance with local, state, and federal standards, avoidance and minimization of impacts, and mitigation measures. Detailed knowledge of local, state, and federal regulatory policies and document formats as required. [Remainder of Page Left Blank Intentionally] 19 of 23 14
July 7, 2020, Item #3ATTACHMENT 2 EXHIBIT 1
~ FEE PROPOSAL 0 ~
~ ANNUAL COST BREAKDOWN BY TASK FOR CONCRETE CHANNEL CLEANING PROGRAM (45 SECTIONS OF CHANNEL)
Estimated hours per task and labor category. Consultant will invoice the City for actual hours expended per task, not to
exceed the contract amount. Table shall assume all 45 sections of concrete channels.
Labor Category Task 1: Permit Task 2: Recon Task 3: Monitoring Task 4: Client Total Hours Total Cost Review Survey Memos Coordination 1
4 $980 l 1 l 1 (nine hundred eighty Project Manager
dollars)
$720 Asst. Project Manaqer 1 l 1 1 4 (seven hundred
twentv dollars)
NA NA NA Principal Biologist NA NA NA
NA NA NA NA NA NA Restoration Ecologist
$3,600
Field Biologist NA 18 18 NA 36 (three thousand six
hundred dollars)
$130
NA 1 NA 1 (one hundred thirty GIS Specialist NA
dollars)
Other: NA NA NA NA NA NA
NA NA NA NA NA NA Other:
NA NA NA NA NA NA Other:
S425 $2,225 $2,355 $425 S5.430 (four hundred twenty five (two thousand two hundred (two thousand three hundred fifty (four hundred twenty five NA (five thousand four Total Labor dollars) twenty five dollars) five dollars) dollars) hundred thirty dollars)
NA $150 $150 NA NA NA Other Direct Costs (one hundred fifiy dollars) (one hundred fifty dollars)
$425 $2,:175 $2,455 $425 $5,730 (four hundred twenty 11ve (two thousand three hundred (two thousand four hundred fifly (four hundred twenty five NJ\ (five thousand seven TOTAL CONTRACT dollars) seventy five dollars) five dollars) dollars) hundred thirty dollars)
1 Typically, nesting bird surveys arc not required. This work will be performed using the field biologist rate on a Time and Materials basis. Hours for this task assume some level of general coordination during the year for other aspects of the project.
20
July 7, 2020, Item #3ATTACHMENT 2 EXHIBIT 1
~ ANNUAL COST BREAKDOWN BY TASK FOR EARTHEN CHANNEL MOWING PROGRAM (26 SECTIONS OF CHANNEL) a Estimated hours per task and labor category. Consultant will invoice the City for actual hours expended per task, not to C1 exceed the contract amount. Table shall assume all 26 sections of earthen channel.
Labor Category Task 1: Permit Task 2: Recon Task 3: Monitoring Task 4: Client Total Hours Total Cost Review Survey Memos Coordination 1
3 $735 NA 1 I I (seven hundred Project Manager
thirtv five dollars)
$540 NA 1 l I 3 (five hundred forty Asst. Project Manager dollars)
Principal Biologist NA NA NA NA NA NA
Restoration Ecologist NA NA NA NA NA NA
$4,000 NA 20 20 NA 40 (four thousand Field Biologist dollars)
$130 NA NA l NA l (one hundred thirty -GIS Specialist
dollars)
NA NA NA NA NA NA Other:
NJ\ NA NA NA NA NA Other:
NA NA NA NA NA Other: NA
$2,425 $2,555 $425 $5,405 NA (two thousand four hundred (two thousand five hundred (four hundred twenty five (five thousand four Total Labor twenty five dollars) fifty five dollars) dollars) hundred five dollars)
$150 S150 NA NA NA Other Direct Costs NA (one hundred fifty dollars) (one hundred fifty dollars)
$2,575 $2,705 $425 $5,705
NA (two thousand five hundred (two thousand seven hundred five (four hundred twenty five NA (five thousand seven TOT AL CONTRACT seventy five dollars) dollars) dollars) hundred five dollars)
1 Typically, nesting bird surveys arc not required. This work will be performed using the field biologist rate on a Time and Materials basis. Hours for this task assume some level of general coordination during the year for other aspects of the project.
21
July 7, 2020, Item #3ATTACHMENT 2 EXHIBIT 1 Hourly Service Rate Labor Category Hourly Rate (Examples of position titles. Actual positions and titles may be different and must be filled in by the proposer) Project Manager/Principal Biologist $245 (two hundred fortv five dollars) Assistant Project Manager/Wetland Specialist t1AO I one hundred eh1htv dollars) Restoration Ecologist $145 Inn,. hunrlrerl fortv fivr dollars\ Restoration Biologist $200 r .... -1 ... ~A~M-1 A-n~.,\ Field Biologist $90 (ninety dollars) Field Biologist $120 (one hundred twenty dollars) Field Biolgist $80 (eighty dollars) Field Biologist $80 (eighty dollars) GIS Specialist $130 (one hundred thirty dollars) CEQA/NEPA $245 (two hundred forty five dollars) UAS $100 (one hundred thirty dollars) UAS $90 (ninety dollars) Stormwater $250 (lwo hundred fifty dollars) Urban Forestry $180 (one hundred eighty dollars) Habitat Conservation Planning $245 (two hundred forty five dollars) Open Space Management $160 (one hundred sixty dollars) Compliance $170 (one hundred seventy dollars) 22 of 23 22
July 7, 2020, Item #32020 STANDARD SCHEDULE OF CHARGES ATTACHMENT 2 EXHIBIT 1 ENGINEERING SERVICES Project Director ........................................................................... $290. 00/hr Principal Engineer Ill ................................................................... $270.00/hr Principal Engineer II .................................................................... $260.00/hr Principal Engineer 1 ..................................................................... $250.00/hr Program Manager ....................................................................... $230.00/hr Senior Project Manager .............................................................. $230.00/hr Project Manager ......................................................................... $225.00/hr Senior Engineer 111 ...................................................................... $220.00/hr Senior Engineer II ...................................................................... $210. 00/hr Senior Engineer l ....................................................................... $200.00/hr Project Engineer IV/Technician IV ............................................... $190.00/hr Project Engineer Ill/Technician 111 ................................................ $180.00/hr Project Engineer II/Technician 11 .................................................. $165.00/hr Project Engineer I/Technician 1. ................................................... $150.00/hr Senior Designer .......................................................................... $170.00/hr Designer ..................................................................................... $160.00/hr Assistant Designer ...................................................................... $155.00/hr CADD Operator Ill ...................................................................... $150.00/hr CADD Operator II ....................................................................... $140.00/hr CADD Operator I ........................................................................ $125.00/hr GADD Drafter ............................................................................. $115.00/hr CADD Technician ....................................................................... $110. 00/hr Project Coordinator ..................................................................... $120.00/hr Engineering Assistant ................................................................. $115.00/hr ENVIRONMENTAL SERVICES Project Director ........................................................................... $245.00/hr Senior Specialist IV ..................................................................... $230.00/hr Senior Specialist 111 ..................................................................... $220.00/hr Senior Specialist II ...................................................................... $200.00/hr Senior Specialist I ....................................................................... $190.00/hr Specialist V ................................................................................. $180.00/hr Specialist IV ................................................................................ $170.00/hr Specialist Ill ................................................................................ $160.00/hr Specialist 11 ................................................................................. $145.00/hr Specialist I .................................................................................. $130.00/hr Analyst V .................................................................................... $120.00/hr Analyst IV ................................................................................... $110.00/hr Analyst 111 .................................................................................... $100.00/hr Analyst 11. ...................................................................................... $90.00/hr Analyst 1. ....................................................................................... $80.00/hr Technician IV ................................................................................ $90.00/hr Technician Ill ................................................................................ $80.00/hr Technician II ................................................................................. $70.00/hr Technician 1 .................................................................................. $60.00/hr Compliance Monitor ...................................................................... $95.00/hr DATA MANAGEMENT SERVICES GIS Programmer I ....................................................................... $185.00/hr GIS Specialist IV ......................................................................... $160.00/hr GIS Specialist 111 .••.••••.••.•.•..•........•..••.•••................•••.......•.•.•...•... $150.00/hr GIS Specialist 11 .......................................................................... $140.00/hr GIS Specialist 1 ........................................................................... $130.00/hr Data Analyst 111 ........................................................................... $100.00/hr Data Analyst II .............................................................................. $90.00/hr Data Analyst I ............................................................................... $80.00/hr UAS Pilot .................................................................................... $100.00/hr CONSTRUCTION MAN.A.GEMENT SERVICES Principal/Manager ....................................................................... $195. 00/hr Senior Construction Manager ..................................................... $180.00/hr Senior Project Manager .............................................................. $165.00/hr Construction Manager ................................................................. $155.00/hr Project Manager ......................................................................... $145.00/hr Resident Engineer ..................................................................... $145.00/hr Construction Engineer. ................................................................ $140. 00/hr On-site Owner's Representative .................................................. $140.00/hr Construction Inspector 111 ............................................................ $130.00/hr Construction Inspector II ............................................................. $120.00/hr Construction Inspector I .............................................................. $110.00/hr Prevailing Wage Inspector .......................................................... $135.00/hr DU HYDR0GE0LOGICAL SERVICES Project Director ............................................................................ $285.00/hr Principal Hydrogeologist/Engineer II ............................................ $265.00/hr Principal Hydrogeologist/Engineer I ............................................. $250.00/hr Sr. Hydrogeologist IV/Engineer IV. .............................................. $235.00/hr Sr. Hydrogeologist Ill/Engineer Ill ................................................ $220.00/hr Sr. Hydrogeologist II/Engineer II .................................................. $205.00/hr Sr. Hydrogeologist I/Engineer I .................................................... $190.00/hr Hydrogeologist VI/Engineer VI .................................................... $175.00/hr Hydrogeologist V/Engineer V ....................................................... $165.00/hr Hydrogeologist IV/Engineer IV ..................................................... $155.00/hr Hydrogeologist Ill/Engineer Ill ...................................................... $145.00/hr Hydrogeologist II/Engineer II ........................................................ $135.00/hr Hydrogeologist I/Engineer I .......................................................... $125.00/hr Technician ................................................................................... $1 00. 00/hr DISTRICT MANAGEMENT & OPERATIONS District General Manager ............................................................. $195.00/hr District Engineer .......................................................................... $185.00/hr Operations Manager ................................................................... $160.00/hr District Secretary/Accountant ...................................................... $120.00/hr Collections System Manager ....................................................... $135.00/hr Grade V Operator ........................................................................ $125.00/hr Grade IV Operator ....................................................................... $110.00/hr Grade Ill Operator ....................................................................... $100.00/hr Grade II Operator ......................................................................... $75.00/hr Grade I Operator .......................................................................... $70.00/hr Operator in Training ...................................................................... $65.00/hr Collection Maintenance Worker II ................................................. $75.00/hr Collection Maintenance Worker I .................................................. $65.00/hr CREATIVE SERVICES 3D Graphic Artist ......................................................................... $180.00/hr Graphic Designer IV .................................................................... $160.00/hr Graphic Designer Ill ..................................................................... $145.00/hr Graphic Designer II ...................................................................... $130.00/hr Graphic Designer I ....................................................................... $115.00/hr PUBLICATIONS SERVICES Technical Editor Ill ....................................................................... $145.00/hr Technical Editor II ........................................................................ $130.00/hr Technical Editor I ......................................................................... $115.00/hr Publications Specialist 111 ............................................•......•.......... $105.00/hr Publications Specialist II. ............................................................... $95.00/hr Publications Specialist I ................................................................ $85.00/hr Clerical Administration .................................................................. $90.00/hr Forensic Engineering -Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays -Minimum charge of two hours will be billed at 1. 75 times the normal rate. Material and Outside Services -Subcontractors. rental of special equipment, special reproductions and blueprinting, outside data processing and computer services. etc .. are charged al 1.15 times the direct cost. Travel Expenses -Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost Invoices, Late Charges -All fees will be billed lo Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal lo 1% per month of the outstanding balance until paid in full. Annual Increases -Unless identified otherwise. these standard rates will increase 3% annually. The rates listed above assume prevailing wage rates does not apply. If this assumption is incorrect Dudek reserves the right to adjust its rates accordingly. Effective January 1, 2019