Item 7 - Award Contract to Gateway Pacific Contractors & Approval of Agreement to United Guard Services for Clearwell Replacement Project Bid #23-009DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
September 19, 2023
Honorable Mayor and Members of the City c_�yncil
Eric Heidemann, Director of Public Works 7 \A'
Shadi Sarni, Principal Civil Engineer, Public Works - Utilities
(858)668-4717 or ssami@poway.org c;s.
CITY COUNCIL
Award of Contract to Gateway Pacific Contractors, Inc.; Approval of Agreement
to United Guard Services, Inc., for Security Services, for the Lester J. Berglund
Water Treatment Plant Clearwell Replacement Project; Bid No. 23-009 and the
Appropriation of Water Revenue Bonds, Series 2023A Proceeds
To improve the reliability, redundancy and resiliency of the City of Poway's (City) potable water system,
the City embarked on a significant capital improvement program referred to as the Water
Infrastructure Improvement Program (Program). The Program includes bypassing the ten
million-gallon (1 O MG) storage reservoir (the Clearwell) at the Lester J. Berglund Water Treatment Plant
to enable its replacement; replacing the Clearwell with two four-million-gallon (4 MG) prestressed
concrete tanks; and establishing a new San Diego County Water Authority treated water connection
including a flow control facility, a turnout structure, a pump station, a forebay tank and a transmission
pipeline providing redundancy to the existing single pipeline on Lake Poway Road.
The Program has been discussed at City Council meetings on several occasions. The Program was
brought to the City Council as an informational item, to provide updates and to request approval of
the various components on March 18, 2020; June 16, 2020; October 20, 2020; November 17, 2020;
March 16, 2021; April 20, 2021;June 1, 2021;July 20, 2021; August 17, 2021; April 5, 2022; October 18,
2022; February 7, 2023; May 16, 2023; and August 15, 2023.
The first project in the Program, the Clearwell Bypass Project, consisting of above and below ground
pipelines, a temporary pump station, a temporary pressure regulating station and two temporary
bolted-steel tanks was completed in September 2022. The bypass system was tested and has been
successfully operating since November 2022. This infrastructure has enabled bypassing the existing
Clearwell and has facilitated taking it offline for replacement.
The Clearwell Replacement Project will replace the aging reservoir with two 4 MG circular prestressed
concrete tanks. The dual tanks provide redundancy and operational flexibility, allowing one tank to
be taken offline for future maintenance and repairs while the other provides continuous,
uninterrupted service. The prestressed concrete tanks also provide superior quality and a longer
asset life. With this project, the overflow structure will also be brought to industry standards with
proper air gaps, per the mutual agreement with the State Division of Drinking Water.
1 of 31 September 19, 2023, Item #7
The design was finalized, and the project advertised for bids on May 11, 2023. The targeted
construction start date is Fall 2023 and the targeted construction end date is Fall 2026. The project
includes restoration of the softball field at the Lake Poway Recreation Area. The tanks will be
operational early Spring 2026.
To facilitate efficient movement of contractors working on-site on the Clearwell Replacement Project,
the entry gate at the Public Works Maintenance and Operations Facility will be left open during
working hours for the duration of the construction project. To ensure security and safety at the Public
Works Maintenance and Operations Facility and the construction site, the services of a qualified
security service contractor are required. The City requested quotes from qualified security services
contractors to provide uniformed services to the regularly secured Public Works Maintenance and
Operations Facility entry gate.
Recommended Action:
It is recommended the City Council:
1)Award a contract for the Lester J. Berglund Water Treatment Plant Clearwell Replacement Project
to Gateway Pacific Contractors, Inc., the lowest responsible bidder, in the amount of
$31,646,023.00;
2)Approve the security service agreement with United Guard Services, Inc., determined the best
value, in the estimated total amount of $148,200;
3) Appropriate Water Revenue Bonds, Series 2023A proceeds in the amount of $37.6 million to the
Clearwell Replacement Project (WTR0027);
4)Appropriate Water Revenue Bonds, Series 2023A proceeds in the amount of $500,000 to the
Treated Water Facilities Projects (WTR0028 and WT040); and
5)Authorize the City Manager to execute the necessary documents.
Discussion:
The Clearwell Replacement Project will replace an existing 10 MG potable water storage facility that
stores the water treated at the Lester J. Berglund Water Treatment Plant, prior to discharge into the
water distribution system. The Clearwell was built in 1964 and has reached the end of its useful life. A
bypass system has been installed to facilitate the replacement of the Clearwell.
The Clearwell Replacement Project includes, but is not limited to the following elements:
1.Demolition, removal, and disposal of the existing Clearwell, including the floating cover and liners,
asphalt planks, inlet/outlet structures, and appurtenances.
2.Demolition, removal, and disposal of the existing temporary bypass system after commissioning
of the two 4 MG prestressed concrete tanks.
3.Site earthwork consisting of mass grading, rock removal, and subgrade preparation.
4.Construction of two 4 MG circular prestressed concrete tanks for potable water storage and
associated appurtenances.
5.Construction of concrete retaining walls.
6.Tank piping consisting of inlet piping (36-inch and 24-inch), outlet piping (36-inch), overflow piping
(20-inch and 24-inch), drain piping (12-inch), underdrain system, and an inlet piping sample line
for future connection.
2 of 31 September 19, 2023, Item #7
7.Outlet valve vault, drain vault, and disinfection vault.
8.Relocation of 48-inch and 36-inch storm drains and other site storm drain improvements.
9.Tank site security consisting of a camera and radio transmission system to convey signals to
existing water treatment plant security system.
10.Underground storm water treatment system and associated storm drain improvements.
11.Civil site improvements including final grading and paving, curb, gutter, sidewalk, fencing, gates,
site drainage features, and biofiltration basins.
12.Electrical improvements for site lighting and receptacles.
13.Instrumentation for water level monitoring, intrusion alarms, and Supervisory Control and Data
Acquisition (SCADA) for telemetry to the water treatment plant.
14.Restoration of the softball field at the Lake Poway Recreational Area.
15.Landscape improvements adjacent to the Clearwell, Public Works Administration Building, and the
City Operations Yard.
16.Coordination with City Public Works Department and water treatment plant operations for
scheduling valve closures to isolate pipelines and water treatment plant shutdowns and other
coordination as necessary to accomplish the work of the project.
17.Ancillary work including mobilization/demobilization, bonds, permits, temporary erosion control
including a Storm Water Pollution Prevention Plan (SWPPP), utility potholing, and traffic control.
Public Works staff coordinated the timing of construction of this project with Community Services staff
and has limited the construction staging areas to minimize disruptions to Lake Poway Recreational
Area. Construction operations are expected to begin in Fall 2023.
Three (3) staging areas have been designated for storage of the contractor's equipment and/or
material. Staging area #1 is the employee parking lot, west of the Public Works Operations Building.
Staging area #2 is at the location of the temporary tanks. Staging area #3 is the parking lot adjacent
to the volleyball court at Lake Poway Recreation Area.
Construction hours have been designated as 7:00 a.m. to 5:00 p.m. Monday through Friday, excluding
holidays. The construction duration is 740 working days from the date of the Notice to Proceed.
Bids were opened on June 22, 2023. The lowest responsible bid falls within the engineer's estimate of
$30,000,000.00 to $35,000,000.00. The following three (3) bids were received:
Company Bid Amount
Gateway Pacific Contractors, Inc. $31,646,023.00
Pacific Hydrotech Corporation $36,995,700.00
Walsh Construction Company 11, LLC $45,882,918.00
A copy of the construction contract is included as Attachment A (complete bid documents are available
upon request). The contract will be executed after approval of award of the contract by the City
Council.
3 of 31 September 19, 2023, Item #7
The City received three (3) quotes for security services to the Public Works Maintenance and
Operations Facility entry gate related to the Clearwell Replacement Project. Based on qualifications
and experience, staff determined United Guard Services, Inc., to be the company providing the best
value to the city at $23.75 per hour. For reference, ASAP Security quoted $27.36 per hour and City
Wide Protection Services quoted $34.00 per hour. The length of agreement for security services will
be for one (1) year beginning November 1, 2023, through October 31, 2024. The agreement may be
extended for up to two (2) additional one-year terms. The annual estimated cost for services is
$49,400.00. The project is expected to be completed in the Fall of 2026. The total contract agreement
is estimated at $148,200.00. A copy of the agreement is included as Attachment B.
The security services' primary scope is to monitor entries and exits into the Public Works Maintenance
and Operations Facility entry gate, patrol the property and report suspicious behavior, misconduct,
safety concerns, and irregularities to the Director of Public Works or designee, and law enforcement
as appropriate.
The total project construction cost estimate of $37.6 million includes a $2.0 million contingency for
contract change orders, $2.64 million for construction management and inspection services, and
$1.31 million for program management, engineering services, security services and other project
related required costs.
Environmental Review:
The award of the contracts and appropriation of water revenue bonds are not subject to
environmental review.
Fiscal Impact:
On August 15, 2023, the City Council/Public Financing Authority Board of Directors authorized the
issuance of Water Revenue Bonds, Series 2023A to provide funding for the construction of the
Clearwell Replacement Project and for planning and design costs for the Poway Treated Water
Facilities projects. The bonds were sold on August 27, 2023, and the transaction closed and funded
on September 15, 2023, providing $37.6 million in funding for the Clearwell Replacement Project and
$500,000 for the Poway Treated Water Facilities projects. In order to spend the funds, the City Council
must appropriate the bond proceeds as included in the recommended action on Page 2 of this report.
Public Notification:
None.
4 of 31 September 19, 2023, Item #7
Attachments:
A.Construction Contract
B.Security Agreement
Reviewed/ Approved By:
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c�
City Manager
5 of 31 September 19, 2023, Item #7
SECTION 7
CONSTRUCTION CONTRACT
CITY OF POWAY
LESTER J. BERGLUND WATER TREATMENT PLANT
CLEARWELL REPLACEMENT PROJECT (WTR0027)
This Contract made and entered into this 19th day of September, 2023, by and between
City of Poway, a municipal corporation of the State of California, hereinafter referred to
as "City" and Gateway Pacific Contractors, Inc., hereinafter referred to as "Contractor."
The City and the Contractor, for the consideration hereinafter named, mutually agree as follows:
1.The complete Contract includes all of the Contract Documents, which are
incorporated herein by this reference, and include:
a.This Contract
b.Contract Addenda
c.Contract Change Orders
d.Special Provisions, including Bid Forms and Bonds
e.Technical Specifications
f.Contract Plans
g.Standard Specifications
h.Approved and fully executed Change Orders
1.Any other documents contained in or incorporated into the Contract
2.The Contract Documents are complementary, and that which is required by one
shall be as binding as if required by all.
3.Contractor shall provide and furnish all labor, materials, necessary tools,expendable equipment, and all utility and transportation services required for theClearwell Replacement Project, as described in Section 2 of the Special
Provisions.
4.Contractor agrees to perform all the said work and furnish all the said materials at
his own cost and expense that are necessary to construct and complete in strict
conformance with Contract Documents and to the satisfaction of the City Engineer,the work hereinafter set forth in accordance with the Contract adopted by the CityCouncil.
ATTACHMENT A 6 of 31 September 19, 2023, Item #7
5.City agrees to pay and Contractor agrees to accept in full payment for performance
of this work of improvement as described, the stipulated sum of Thirty-One
Million, Six Hundred Forty-Six Thousand, Twenty-Three Dollars and Zero
Cents ($31,646,023.00) the "Contract Price."
City agrees to make progress payments and final payment in accordance with
the method set forth in the Special Provisions.
6.Contractor agrees to commence construction of the work provided for herein withinFifteen (15) Calendar Days after the date specified in the Notice to Proceed, and
to continue diligently in strict conformance with Contract Documents and without
interruption, and to complete the construction thereof within Seven Hundred Forty
(740)Working Days after the date specified in the Notice to Proceed. Contractoralso agrees to complete construction and commissioning of the clearwell facility
within Five Hundred Seventy (570) Working Days after the date specified in the
Notice to Proceed.
7.Time is of the essence of this Contract, and it is agreed that it would beimpracticable or extremely difficult to ascertain the extent of actual loss or damagewhich the City will sustain by reason of any delay in the performance of this
Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to
the City the following sum: Five Thousand Dollars ($5,000) per Calendar Day,
for each and every Calendar Days delay in finishing the work in excess of thenumber of Working Days prescribed above to complete construction and
commissioning of the clearwell facility; and Two Thousand Dollars ($2,000) per
Calendar Day, for each and every Calendar Days delay in finishing the work inexcess of the number of Working Days prescribed above to complete construction.
If liquidated damages are not paid, as assessed by the City, the City may deduct
the amount thereof from any money due or that may become due the Contractor
under this Contract in addition to any other remedy available to City. By executing
this Contract, Contractor agrees that the amount of liquidated damages is
reasonable and shall not constitute a penalty.
8.In accordance with State of California Senate Bill No. 854, Contractor will maintain
and will require all subcontractors to maintain valid and current Department of
Industrial Relations (DIR) Public Works Contractor registration during the term ofthis Project. Contractor shall notify the City in writing immediately, and in no casemore than twenty-four (24) hours, after receiving any information that Contractor's
or any of its subcontractor's DIR registration status has been suspended, revoked,
expired, or otherwise changed.
9.Contractor will pay, and will require all subcontractors to pay, all employees on
said Contract a salary or wage at least equal to the prevailing salary or wageestablished for such work as set forth in the wage determinations and wage
standards applicable to this work, a copy of which is on file in the office of the City
Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded
7 of 31 September 19, 2023, Item #7
projects. Travel and subsistence pay shall be paid in accordance with Labor Code §1773.1.
10.Contractor shall be subject to the penalties in accordance with Labor Code § 177 5
for each worker paid (either by him or by any subcontractors under him) less than
the prevailing rate described above on the work provided for in this Contract.
11.Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811
which stipulates that eight hours labor constitutes a legal day's work, and§ 1812
which stipulates that the Contractor and subcontractors shall keep an accuraterecord showing the name of and actual hours worked each calendar day and eachcalendar week by each worker employed by him in connection with the work
performed under the terms of the Contract. Failure to comply with these sections
of the Labor Code will subject the Contractor to penalty and forfeiture provisions
of the Labor Code§ 1813.
12.Contractor will comply with the provisions of Labor Code§ 1777.5 pertaining to the
employment of apprentices to the extent applicable to this Contract.
13.Contractor, by executing this Contract, hereby certifies:
"I am aware of and will comply with the Labor Code § 3700 by
securing payment for and maintaining in full force and effect for the duration of the Contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City
before execution of the Contract. The City, its officers, or
employees, will not be responsible for any claims in law or equity
occasioned by failure of the Contractor to comply with this paragraph."
Contractor further agrees to require all subcontractors to carry Workers'
Compensation Insurance as required by the Labor Code of the State of
California.
14.Contractor shall, concurrent with the execution of this Contract, furnish two bonds
approved by the City, one in the amount of One Hundred Percent (100%) of the
Contract Price, to guarantee the faithful performance of the work ("Performance
Bond"), and one in the amount of One Hundred Percent (100%) of the ContractPrice to guarantee payment of all claims for labor and materials furnished("Payment Bond"). This Contract shall not become effective until such bonds are
supplied to and approved by the City.
(Remainder of page intentionally left blank)
8 of 31 September 19, 2023, Item #7
15.a. Contractor shall procure and maintain at its own expense, until completionof performance, commercial general liability insurance of not less than Ten Million
Dollars ($10,000,000) combined single limit per occurrence, and Eleven Million
Dollars ($11,000,000) in the aggregate, for bodily injury, personal injury, death,
loss or damage resulting from the wrongful or negligent acts by the Contractor orits officers, employees, volunteers, agents and independent contractors.
Contractor shall provide insurance on an occurrence, not claims-made basis.
Contractor acknowledges and agrees that, for purposes of clarification with the
intention of avoiding gaps in coverage with any umbrella or excess insurance,
personal and advertising injury coverage shall be triggered by an "offense" whilebodily injury and property damage coverage shall be triggered by an "occurrence"
during the policy period.
b.Contractor shall further procure and maintain at its own expense, untilcompletion of performance, commercial vehicle liability insurance covering
personal injury and property damage, of not less than Five Million Dollars
($5,000,000) combined single limit per occurrence, and Five Million Dollars
($5,000,000) in the aggregate, covering any vehicle utilized by Contractor or its
officers, employees, volunteers, agents and independent contractors in performingthe services required by this Contract.
c.Contractor shall further procure and maintain at its own expense, until
completion of performance, pollution liability insurance covering sudden,accidental, and gradual pollution and remediation, of not less than Five Million
Dollars ($5,000,000) combined single limit per occurrence and in the aggregate,
covering the Contractor or its officers, employees, volunteers, agents and
independent contractors in performing the services required by this Contract.
d.Contractor shall further procure and maintain at its expense, until
completion of performance, Workers' Compensation Insurance providing coverage
as required by the California State Workers' Compensation Law. If any class of
employees employed by the Contractor pursuant to this Contract is not protectedby the California State Workers' Compensation Law, Contractor shall provide
adequate insurance for the protection of such employees to the satisfaction of the
City. This provision shall not apply if Contractor has no employees performing work
under this Contract. Contractor agrees to waive its statutory immunity under any
worker's compensation or similar statute, as respecting the City, and to require any
and all subcontractors and any other person or entity involved with the Project todo the same.
Worker's Compensation Insurance:
o Contractor has no employees and is exempt from workers' compensation
requirements.
o Contractor carries Workers' Compensation Insurance for all employees.
9 of 31 September 19, 2023, Item #7
e.All policies required by this section shall be secured from insurers
authorized to do business in the State of California with an "A" policyholder's rating
or better and a financial rating of at least Class VII, in accordance with the currentBest's Ratings.
f.Contractor agrees to require that all parties, including but not limited to
subcontractors, architects, engineers or others with whom Contractor enters into
contracts or whom Contractor hires or retains pursuant to or in any way related tothe performance of this Contract, provide the insurance coverage required herein,
at minimum, and, except for worker's compensation coverage, name as additional
insureds the parties to this Contract. Contractor agrees to monitor and review all
such coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this Section.
g.In the event this Contract is terminated for any reason prior to the
completion of all obligations and requirements of this Contract, Contractor agrees
to maintain all coverages required herein until the City provides writtenauthorization to terminate the coverages following the City's review anddetermination that all liability posed under this Contract as to the party providing
insurance has been eliminated.
h.Contractor agrees and acknowledges that if it fails to obtain all of theinsurance required in this Contract in accordance with the requirements herein, or
to obtain and ensure that the coverage required herein is maintained by any
subcontractors or others involved in any way with the Project, Contractor shall be
responsible for any losses, claims, suits, damages, defense obligations, or liabilityof any kind or nature attributable to the City, and/or its officers, officials, employees,
volunteers, agents and independent contractors, that result from such failure by
Contractor.
16.a. Contractor shall provide certificates of insurance with original endorsementsto the City as evidence of the insurance coverage required herein. Certificates of
such insurance shall be filed with the City on or before commencement of
performance of this Contract. Current certification of insurance shall be kept on
file with the City at all times until completion of performance and acceptance bythe City.
b.Notwithstanding any inconsistent statement in any required insurance
policies or any subsequent endorsements attached thereto, the commercial
general liability and commercial vehicle liability policies shall bear endorsements
whereby it is provided that the City, and its officers, officials, employees,volunteers, agents and independent contractors are named as additional insureds.Additional insureds shall be entitled to the full benefit of all insurance policies in
the same manner and to the same extent as any other insureds and there shall be
no limitation to the benefits conferred upon them other than policy limits to
coverages.
10 of 31 September 19, 2023, Item #7
c.Contractor shall require the carriers of all required insurance policies to
waive all rights of subrogation against the City, and its officers, officials,
employees, volunteers, agents and independent contractors.
d.Each policy required herein must be endorsed to provide that the policy
shall not be cancelled in coverage or limits (except by paid claims) unless the
insurer has provided the City with 30 days prior written notice of cancellation.
Contractor agrees to provide the City with 30 days written notice prior to anynon-renewal or reduction in coverage or limits.
e.All insurance policies required to be provided by Contractor or any other
party must be endorsed to provide that the policies shall apply on a primary andnoncontributing basis in relation to any insurance or self-insurance, primary orexcess, maintained or available to the City, and its officers, officials, employees,
volunteers, agents and independent contractors.
17.a. Contractor shall defend, indemnify and hold harmless the City, its officers,officials, employees, volunteers, agents and independent contractors from andagainst any and all claims, demands, actions, losses, damages, injuries, and
liability, direct or indirect (including any and all costs and expenses in connection
therewith) to the extent actually caused by the negligence of Contractor,Contractor's employees, subcontractors or independent contractors except for anysuch claim arising out of the negligence or willful misconduct of the City, or its
officers, officials, employees, volunteers, agents and independent contractors.
b.The City does not, and shall not, waive any rights that it may have againstContractor under this Section because of the acceptance by the City, or the deposit
with the City, of any insurance policy or certificate required pursuant to this
Contract. The hold harmless, indemnification and duty to defend provisions of this
Section shall apply regardless of whether or not said insurance policies aredetermined to be applicable to the claim, demand, action, damage, liability, loss,
cost or expense described herein.
18.Any amendments to any of the Contract Documents, including but not limited to
Contract Change Orders, must be in writing executed by the Contractor and theCity. Any time an approval, time extension, or consent of the City is required underthe Contract Documents, such approval, extension, or consent must be in writing
in order to be effective.
19.The Contract Documents contain all of the agreements and understandings of the
parties and all previous understandings, negotiations, and contracts are integratedinto and superseded by this Contract.
20.In the event that any one or more of the phrases, sentences, clauses, paragraphs,
or sections contained in this Contract shall be declared invalid or unenforceable by
a valid judgment or decree of a court of competent jurisdiction, such invalidity or
11 of 31 September 19, 2023, Item #7
unenforceability shall not affect any of the remaining phrases, sentences, clauses,
paragraphs, or sections of this Contract which are hereby declared as severable
and shall be interpreted to carry out the intent of the parties hereunder.
21.The persons executing this Contract on behalf of the parties hereto warrant that
they are duly authorized to execute this Contract on behalf of said parties and that,
by so executing this Contract, the parties hereto are formally bound to the
provisions of this Contract.
22.This Contract shall be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs, personal representatives, successors, and
assigns.
23.In performing its obligations and duties under this Contract, each party shall
comply with all applicable local, state, and federal laws, regulations, rules,
standards and ordinances.
24.This Contract may be executed by the parties in counterparts, which counterpartsshall be construed together and have the same effect as if all of the parties had
executed the same instrument.
25.After completion of the work contemplated by this Contract, Contractor shall filewith the City Manager an affidavit stating that all workers and persons employed,
all firms supplying materials, and all subcontractors upon the Project have been
paid in full, and that there are no claims outstanding against the Project for either
labor or materials, except certain items, if any, to be set forth in an affidavit coveringdisputed claims or items in connection with a Stop Notice that has been filed under
the provision of the laws of the State of California.
26.All work shall be subject to inspection and testing by City and its authorized
representatives during manufacture and construction and all other times andplaces, including, without limitation, the plans of Contractor and any of its suppliers.
Contractor shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such
manner as to not unduly delay the work. The work shall be subject to final
inspection and acceptance notwithstanding any payments or other priorinspections. Such final inspection shall be made within a reasonable time aftercompletion of the work.
27.Whenever Contractor has knowledge that any actual or potential labor dispute is
delaying or threatens to delay the timely performance of the Contract, Contractorshall immediately give notice thereof, including all relevant information with respectthereto, to City.
28.Contractor agrees to contact the appropriate regional notification center in
accordance with Government Code Section 4216.2.
12 of 31 September 19, 2023, Item #7
29.Contractor shall submit its detailed plan for worker protection during the excavationof trenches required by the scope of the work in accordance with Labor CodeSection 6705.
30.a. Contractor shall, without disturbing the condition, notify City, in writing, as
soon as Contractor, or any of Contractor's subcontractors, agents, or employeeshave knowledge and reporting is possible, of the discovery of any of the following
conditions:
i.The presence of any material that Contractor believes ishazardous waste, as defined in Section 25117 of the Health andSafety Code;
ii.Subsurface or latent physical conditions at the site differing
from those indicated in the specifications; or
iii.Unknown physical conditions at the site of any unusual nature,different materially for those ordinarily encountered andgenerally recognized as inherent in work of the character
provided for in this Contract.
b.Pending a determination by City of appropriate action to be taken,Contractor shall provide security measures (e.g., fences) adequate to prevent the
hazardous waste or physical conditions from causing bodily injury to any person.
c.City shall promptly investigate the reported conditions. If City, through andin the exercise of its sole discretion, determines that the conditions do materially
differ or do involve hazardous waste, and will cause a decrease or increase in
Contractor's cost of, or time required for, performance of any part of the work, then
City shall issue a change order.
d.In the event of a dispute between City and Contractor as to whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in Contractor's cost of, or time required for, performance of any part of
the work, Contractor shall not be excused from any scheduled completion date,
and shall proceed with all work to be performed under the Contract. Contractorshall retain any and all rights that pertain to the resolution of disputes and protests
between the parties.
31.This Contract is to be governed by the laws of the State of California.
32.All work shall be guaranteed for a period of one (1) year from the date of
acceptance by the City. Contractor shall promptly make all needed repairs arising
out of defective materials, workmanship, and equipment.
City is hereby authorized to make such repairs if within ten (10) days after giving written
notice to Contractor, or its agent, Contractor should fail to make or undertake with due
13 of 31 September 19, 2023, Item #7
diligence the aforesaid repairs; provided, however, that in case of an emergency, where,
in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City
Attorney have caused the names of said parties to be affixed hereto, the day and year
first above written.
GATEWAY PACIFIC CONTRACTORS, INC.
By: ----------Evan Lundin, President
Contractor information:
Address for Notices and Payments
Evan Lundin Gateway Pacific Contractors, Inc. 8055 Freeport Blvd. Sacramento, CA 95832 Telephone Number: (916) 665-4100 Email: lundin@gatewaypacific.com
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
14 of 31 September 19, 2023, Item #7
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 1st day of November, 2023, by and between the
CITY OF POWAY (hereinafter referred to as "City") and United Guard Services, Inc., (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to provide security
services for the Public Works Department;
WHEREAS, Consultant is a security consultant and has represented that Consultant possesses the necessary qualifications to provide such services;
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 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.
ATTACHMENT B 15 of 31 September 19, 2023, Item #7
5.Confidential Relationship.
City may from time to time communicate to Consultant certain information toenable 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 documentsprepared 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 performservices 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
16 of 31 September 19, 2023, Item #7
Consultant has a financial interest as defined in Government Code Section 87103. Consultant
represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(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 towhich 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 guidelinesfor 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:
� 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 "servingin 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.
Eric Heidemann, Director of Public Works
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.
17 of 31 September 19, 2023, Item #7
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) years from the date of final payment under this Agreement, for inspection by City and copies
thereof shall be furnished, if requested.
12.Independent Contractor.
At all times during the term of this Agreement, 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'snegligent 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
18 of 31 September 19, 2023, Item #7
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.
(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, anyonedirectly 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 allaction necessary to make a claim under any applicable insurance policy or policies Consultant is
carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs,
charges, expenses, damages and liabilities incurred by City in making any claim on behalf of
Consultant under any insurance policy or policies required pursuant to this Agreement.
(f)The obligations described in Section 15(a) through (e) above shall not beconstrued 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.
19 of 31 September 19, 2023, Item #7
18.Personnel.
Consultant shall assign qualified and certified personnel to perform requestedservices. The City shall have the right to review and disapprove personnel for assignment to
Poway projects.
City shall have the unrestricted right to order the removal of any person(s)
assigned by Consultant by giving oral or written notice to Consultant to such effect.
Consultant's personnel shall at all times comply with City's drug and alcohol
policies then in effect.
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 lawsof 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
1 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 meanthe individual or corporate consultant and any and all employees ofconsultant 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.
20 of 31 September 19, 2023, Item #7
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.
Contractor further provides that in the event Contractor assigns a retired annuitant
receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section
7522.56 is attached hereto as Exhibit "B."
Further, Contractor hereby fully and unconditionally indemnifies City from all
penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide
services to City has been misclassified.
25.Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall,
if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions
of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
21 of 31 September 19, 2023, Item #7
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first
above written.
CITY OF POWAY
By: __________ _ Chris Hazeltine, City Manager
Date: ___________ _
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By:--------------Alan Fenstermacher, City Attorney
United Guard Services, Inc.
By:-----------Rick Scavia, Manager
Date: ___________ _
22 of 31 September 19, 2023, 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 security services further described in the Scope of Services 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 Scope of Services included
in this document as Attachment 1. Consultant's fee shall include and Consultant shall be
responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
C.Term of Agreement.
This Agreement shall be effective from the period commencing November 1, 2023,and ending October 31, 2024, unless sooner terminated by City as provided in the section· of this Agreement entitled "Termination." This Agreement may be extended for up to two (2) additional
one-year 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 ofthe following insurance coverages:
(a)Comprehensive General Liability, including premises-operations,
products/completed, broad form property damage, and blanket contractual liability with the
following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b)Automobile Liability, including owned, hired, and non-owned
vehicles: $1,000,000 combined single limit.
(c)Workers' Compensation insurance in statutory amount. All of theendorsements which are required above shall be obtained for the policy of Workers'
Compensation insurance.
2.Endorsements:
23 of 31 September 19, 2023, Item #7
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:
City of Poway
P.O. Box 789 Poway, CA 92074
Rick Scavia
United Guard Services, Inc.
450 Fletcher Parkway, Suite 223 El Cajon, CA 92020
24 of 31 September 19, 2023, Item #7
ATTACHMENT 1
Scope of Services
1.Unarmed Security Guard Service: Each shift will be staffed by one or more
uniformed, unarmed security officers. Staffing, shift times, and other details are
listed in Exhibit 1, Post Instructions. These Post Instructions can be amended at
any time by mutual written agreement of both Parties.
2.Compensation:
City shall pay Contractor at the following rates:
Standard Rate: $23.75/hour
Hours must be reflected on backup documents submitted with invoices.
3.Court Appearance: If necessary, as a result of action taken by a guard performing
services under the terms of this Agreement, Contractor shall ensure that the
security officer makes a court appearance on behalf of the City.
The City will pay the Contractor the standard hourly bill rate for the time spent in
court by the guard, plus one-half(½) hour travel time each way. Hours must be
reflected on backup documents submitted with invoices, where the hours will be
identified as "Court Appearance."
If court appearances result in guards working more than forty (40) hours per week,then overtime of one and a half (1 ½) the standard hourly bill rate will be paid bythe City.
4.City Responsibilities: The City will provide the Security Officer with the following:
a.Access to a restroom
b.Access to potable water
c.Access to shade
d.Access to a table and chair
25 of 31 September 19, 2023, Item #7
EXHIBIT 1
Post Instructions
1.Shift Details: One uniformed, unarmed security guard shall be assigned to the
Public Works Maintenance and Operations Facility on the following days/times:
Monday through Friday: 8:00 a.m. to 4:00 p.m. Holidays excluded.
City can request a change of shift day or time two (2) weeks in advance of a
schedule. If the assigned guard is available at the alternate time, the shift will be changed and charged at the standard rate. If the assigned guard is not available,
an alternate guard can be assigned.
2.General Requirements: Security officers shall provide the following general
services:
a. Check in with the Public Works Director or designee at the beginning and end
of each shift;
b.Patrol on foot the Public Works Maintenance and Operations Facility, exterior
areas, and overall property;
c.Patrol other areas as directed if necessary;
d.Maintain peace and order, as well as front-end security for the grounds and
facility;
e.Report suspicious behavior, instances of misconduct, safety concerns, and
irregularities (to prevent losses and damage) to the Director of Public Works or
designee;
f.Diligently respond to patron and staff concerns; and
g.Communicate with law enforcement/first responders for emergency situations.
3.Specific Requirements: Security officer's primary duty shall be to Patrol the
Public Works Maintenance and Facility Operations gate and property. Security
shall monitor who enters and exits the gate. Security shall only allow staff and
approved contractors to enter the property. Security officer is also expected to
perform the following:
a.Remain alert and at their post during the hours specified in Item 1 above;
b.Possess permanent State License Guard Card;
c.Complete pre-assignment and on-the-job training;
26 of 31 September 19, 2023, Item #7
d.Maintain basic logs and reports skills;
e.Possess fundamental customer service skills;
f.Have understanding of legal authority;
g.Have knowledge of common and acceptable patrol techniques;
h.Possess fundamental skills for interaction with San Diego County Sheriffs and
City Personnel; and
i.The City may add, in writing, further basic duties as deemed necessary.
Security officers report to the Director of Public Works or designee during normal
business hours and under ordinary circumstances. His/her instructions are to be followed at all times.
While on duty, which shall be made regardless of weather conditions, security officers
will monitor the Public Works Maintenance and Operations Facilities entry gate.
Security officer shall only allow access to City of Poway employees and approved contractors. Security officer shall report any unusual activity to the Public Works
Director or designee.
4.Security Officer Staffing: The intent is for the same one or two security officers
to patrol the area and become familiar with the facility, staff, and patrons.
City reserves the right to have a security guard removed from duty if not performing
up to City standards. Contractor will replace the guard as needed.
5.Contractor Responsibilities, Materials & Equipment: Contractor shall issue
security officers the following:
a.Company Uniforms and hard badge, along with any necessary jackets or other
protective gear.
b.A mobile (cellular) phone to communicate with the Contractor's office, City staff,
and emergency personnel.
c.All materials needed for reporting.
d.Contractor shall provide· personnel background checks on all personnel and
update background checks on infrastructure sites on an annual basis.
e.All guards are required to wear the designated/approved security officer service
uniforms. There are no exceptions. All security officer uniforms must be kept
clean and professional at all times. Failure to maintain a neat, clean and
professional appearance and uniform may result in removal from the work site
by the security officer supervisor or the Director of Public Works/designee.
Non-approved uniform attire may also result in removal from the work site.
27 of 31 September 19, 2023, Item #7
f.The Contractor must have field supeNisor(s) who routinely inspect job sites
and personnel to ensure compliance with site requirements.
All materials and equipment described in this Section 5 shall be maintained in good
working order. If any equipment fails to function, the Contractor shall arrange for
immediate replacement. The Contractor shall be responsible for supplying batteries
for all equipment.
(Remainder of page intentionally left blank)
28 of 31 September 19, 2023, 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.
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 ReformAct o/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)
(1)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or
be employed by a public employer if, during the 12-month period prior to an
appointment described in this section, the retired person received any unemployment
insurance compensation arising out of prior employment subject to this section with
29 of 31 September 19, 2023, Item #7
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:
(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.
30 of 31 September 19, 2023, Item #7
( 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 Sections 24214, 24214.5 or 26812 ofthe
Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon
retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to
work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges'
Retirement System or the Judges' Retirement System II who is assigned to serve in a court
pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January1, 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 (f)(2); (2)
"or firefighter hired to perform a function or functions regularly performed by a public safety
officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for
"Judges' Retirement System I" in subd (i).
31 of 31 September 19, 2023, Item #7