Item 5 - Approval of Agreement with Sillman Wright Architects for the PCPA Facility Maintenance Design Project; RFP 22-0035. 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.
4 of26
2 July 18, 2023, Item #5
"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:
[81 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.
Robert J. Manis, Director of Development Services
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)
5 of26 3 July 18, 2023, Item #5
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'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.
6 of 26 4 July 18, 2023, Item #5
(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 15(a) through (e) above shall not be
construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which
would otherwise exist as to any party or person indemnified pursuant to this Section 15.
(g) The rights and obligations of the parties described in this Section 15 shall survive
the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee
and not covered by insurance maintained, or required by this Agreement to be maintained, by
Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the
personnel (including death) and property of Consultant that occurs in the course of, or in
connection with, the performance of Consultant's obligations under this Agreement, including but
not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are
not to be liable for injury or damage which may be sustained by the person, goods or property of
Consultant or its employees in connection with Consultant's performance its obligations under
this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority,
expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant
shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any
obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested
services. The City shall have the right to review and disapprove personnel for assignment to
Poway projects.
City shall have the unrestricted right to order the removal of any person(s)
assigned by Consultant by giving oral or written notice to Consultant to such effect.
7 of 26
5 July 18, 2023, Item #5
Consultant's personnel shall at all times comply with City's drug and alcohol
policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions"
attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws
of the State of California. Each party to this Agreement consents to personal jurisdiction in San
Diego County, California, and hereby authorizes and accepts service of process sufficient for
personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for
giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or
conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central
Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant
hereby waives any right to remove any 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 (Cal PERS) and
shall not become members of CalPERS while providing services to City.
8 of 26
6 July 18, 2023, Item #5
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)
9 of 26 7 July 18, 2023, Item #5
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the
date first above written.
CITY OF POWAY
By:----------
Chris Hazeltine, City Manager
Date: ----------
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By:-------------Alan Fenstermacher, City Attorney
10 of 26
SILLMAN WRIGHT ARCHITECTS
By:--------------
Brett Tullis, Principal Architect
Date: ------------
8 July 18, 2023, Item #5
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall
consist of the architectural and engineering design services further described in the Scope of
Services submitted with the proposals dated February 23, 2023, which is included in this
document as Attachment 1, and incorporated by reference, as if its contents were fully set
forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted
with the proposals dated February 23, 2023, which are included in this document as Attachment
1. Total fee is not to exceed Six Hundred Seventy-Nine Thousand Ninety Dollars ($679,090~.
Consultant's fee shall include and Consultant shall be responsible for the payment of all
federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable
expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in
performance of the services. Consultant shall bill City for such expenses as incurred, referencing
this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess
of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within
ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates.
Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall
receive prior authorization for air travel and lodging expenses. All other expenses shall be
reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall commence and be effective as of July 19,
2023 ("Effective Date"), and shall automatically terminate upon completion of the Project, as
determined by the City in its sole discretion, unless sooner terminated by City as provided in
the section of this Agreement entitled "Termination." Upon the termination of this Agreement,
Consultant shall return to City any and all equipment, documents or materials and all copies
made thereof which Consultant received from City or produced for City 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.
11 of 26 1 July 18, 2023, Item #5
(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:
12 of 26
2
City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
Sillman Wright Architects
7515 Metropolitan Drive, Suite 400
San Diego, CA 92108
July 18, 2023, Item #5
February 23, 2023
Jeff Beers
City of Poway
Attachment 1
Special Projects Engineer
858-668-4624
jbeers@poway.org
Project:
Poway Center for the Performing Arts (PCPA)
Architectural and Engineering Design Services
RFP #22-003
Subject:
Proposal for Architectural & Engineering Services
Dear Jeff:
SILLMAN (Architect) is pleased to provide the City of Poway (Client) with this
proposal for Architectural & Engineering Services for the replacement of the
HVAC systems and ADA Upgrades at the Poway Center for the Performing
Arts (PCPA) an existing Performing Arts Center on a previously developed
site.
The Project will utilize the Design-Bid-Build (DBB) delivery system.
Project Description:
The Project is to design and construct a multi-phase rehabilitation project at
the existing Poway Center for the Performing Arts (PCPA) located at 15498
Espola Road, Poway, CA 92064. As the Project is located on the Poway High
School Campus, the Project will be processed with the Division of the State
Architect (DSA) for review and approval.
This project is to design a complete set of Division of the State Architect
(DSA) approved plans for a multi-phase rehabilitation project of the PCPA.
The scope will include replacement of most of the major HVAC, plumbing,
electrical equipment as well as replacement of many interior finishes and
ADA upgrades.
Construction will occur in multiple phases and will be coordinated with the
performance schedule of the PCPA so as not to interfere with the schedule. It
13 Of 26 SILLMAN I 7515 Metropolitan Drive I Suite 400 I San Diego CA 92108 I T: 619.294.7515 I F: 619.294 .7592 July 18, 2023, Item #5
Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023
Page 2 of 9
is anticipated that construction will take place during the summer months
when the PCPA is closed.
I. Scope of Services
The Architect shall provide Design Services which include, but are not limited
to, the following items:
1. Project Kick-Off:
a. The Architect will collect and review record drawings, conduct
site visits as necessary, and attend a project kick off meeting
with Client and Poway Unified School District staff.
2. 50% Construction Drawings:
a. The Architect will prepare and submit 50% design plans using
the Schematic Plans provided by the Client as the basis of
work.
b. The Architect will meet with DSA to review the scope of the
project and determine the exact requirements of the permit
plan set.
3. 75% Construction Drawings:
a. Upon completion of the City's review of the 50% Construction
Documents plan submittal, the Architect will incorporate all
comments, prepare, and submit 75% design plans to the
Client for review.
4. 100% Construction Drawings:
a. Upon completion of the City's review of the 75% plan
submittal, the Architect will incorporate all comments and
provide the 100% submittal.
5. Division of State Architect Submittal:
a. Upon Completion of the City's review of the 100% submittal,
the Architect will incorporate all comments and provide the
DSA permit submittal. The project team will submit the 100%
plans to the Division of State Architect for permitting. Thi,s
submittal shall include all documents required by DSA. The
14 Of 26 SILLMAN I 7515 Met,opolitan Drive I Suite 400 I San Diego CA 92108 IT: 619.294.7515 I F: 619.294.7592 July 18, 2023, Item #5
Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023
Page 3 of 9
project team shall respond to any comments by the DSA in
order to gain a construction permitted plan set.
6. Bidding Support:
a. The Architect will provide Bid Support services including
responding to design related Requests for Information (RFls).
The Architect will attend Bid meetings as necessary
b. This being a multi-phase construction project, it is envisioned
that there could be five (5) separate Bidding and Construction
Support efforts.
c. Only one (1) General Contractor will be selected. In addition
only one (1) Subcontractor per trade will be selected.
7. Construction Administration:
a. The Architect shall provide a Construction Administrator to
attend progress meetings, observe construction activity,
liaison between the City's Project Manager, DSA Inspector
and the Contractor and all other activities as relates to the
supervision of a construction project. This is not envisioned to
be a full-time standalone position, but a designated person
that will lead the construction effort for the City and Architect.
b. Since the Project is multi-phased, the Architect will only be
reviewing one (1) submittal / shop drawing review per
specification section. Once the submittal is approved there will
not be another submittal for the same product / equipment /
system.
8. Project Closeout:
a. The Architect will incorporate all construction changes into a
record set of plans and deliver the final drawing set in both
PDF and AutoCad (v.2010 or newer)
9. Architect shall coordinate with any additional Consultants selected by
Client
II. Conceptual Schedule
A preliminary schedule is provided based on initial input from the Client. The
Architect has limited influence over the schedule and will update the Client
15 Of 26 SILLMAN I 7515 Metropolitan Drive I Suite 400 I San Diego CA 92108 I T: 619.294.7515 I F: 619.294.7592 July 18, 2023, Item #5
Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023
Page 5 of 9
Ill. Exclusions
A Civil, Landscape, Technology, Acoustical, Fire Alarm, Security and
Telecommunications Design
B. Environmental, Conditional Use/Discretionary/Entitlements Permit
Processing / Plans
C. Site ADA Elements including Path of Travel, Parking, Public Transit.
D. Audio Visual Design and Equipment
E. Permit and other fees
F. As-built drawings of existing conditions
G. Signage (other than required by Code)
H. Renderings
I. ADA Survey/ Transition Plan
J. Construction Management
K. LEED Management and Documentation
L. Furniture Fixtures and Equipment (FF&E)
M. Coordinating with more the one (1) team of General
Contractors / Subcontractors.
N. Reviewing more than one (1) submittal per specification
section for shop drawings/ product review/ system.
0. Multiple DSA Submittals
P. Client Design Revisions/ Value Engineering after the
completion of the 50% Construction Documents Phase
17 Of 26 SILLMAN I 7515 Metropolitan Drive I Suite 400 I San Diego CA 92103 IT: 619.294.7515 I F: 619.294 .7592 July 18, 2023, Item #5
Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023
Page 8 of 9
VI. Miscellaneous Provisions
A. Reimbursable expenses shall be billed to Client at 115% of supplier's
gross invoice to Architect · and will include governmental fees,
permits, assessments, photography, special presentation materials,
long distance telephone charges, title company charges, specialty
Consultants (i.e., acoustic engineer, geologist, traffic engineers, etc.),
authorized traveling expenses, and all other charges not specifically
covered by the terms of this agreement.
B. Our invoices are payable in full on receipt. If Client fails to pay
Architect within thirty (30) days after the invoice date, Architect shall
have the right to immediately stop all work on the project and
suspend performance of his obligations under this Agreement. This is
in addition to his other rights and remedies, including his right to
terminate this Agreement.
C. A LATE PAYMENT CHARGE will be computed at the rate of 1.5%
per month and will be applied to any unpaid balance commencing
thirty (30) days after the original invoice. Imposition of the late
payment charge shall not imply an agreement to delay collection of a
delinquent account, nor shall it affect Architect's other rights and
remedies, including his right to terminate this Agreement.
D. Construction Management or supervision is not a part of this contract
nor is the participation in bidding or field inspection. The Contractors
who will be hired by Client are considered experts in their relative
fields and shall notify Client and Architect immediately of any work
shown on plans prepared by Architect which cannot be fully complied
with or guaranteed prior to the installation of the work. Client agrees
to defend, indemnify and hold Architect harmless from any and all
liability, real or alleged, that might be occasioned by others
performing construction and/or construction management or
supervision for project.
E. Architect is not the Construction Manager and does not guarantee
the completion date or quality of performance of contracts by the
construction manager, contractors, or sub-contractors, or third
parties, nor is Architect responsible for their acts or omissions.
F. The fees for the above scope of work are valid for twelve (12) months
from the date of this proposal.
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Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023
Page 9 of 9
G. Hourly contracts and additional assignments at Client's request will
be billed at our standard hourly rates as follows unless notified in
writing thirty (30) days prior to any changes.
VII. Schedule Of Rates
Our standard hourly rates are as follows unless notified in writing
thirty (30) days prior to any changes. The schedule of rates will be
updated annually.
Principal Architect
Project Architect
Project Manager
Project Designer
Job Captain
Drafter/ CAD I BIM
Administrative
$220/hour
$190/hour
$180/hour
$170/hour
$150/hour
$120/hour
$110/hour
Thank you for this opportunity to collaborate with the City of Poway on the
renovation of the Poway Center for the Performing Arts. We look forward to a
successful project together.
Sincerely,
Brett Tullis, AIA, LEED®AP
Principal Architect
License No. C-31087
21 Of 26 SILLMAN I 7515 Metropolitan Drive I Suite 400 I San Diego CA 92108 I T: 619.294.7515 I F: 619.294.7592 July 18, 2023, Item #5
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular
Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Allnotatetl > GOVERNMENT CODE> Title 1 General> Division 7
Miscellaneous> Chapter 21 Public Pension anti Retirement Plans> Article 4 California Public
Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public
retirement system; Section supersedes conflicting provisions
(a)This section shall apply to any person who is receiving a pension benefit from a public
retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract
directly by, a public employer in the same public retirement system from which the retiree
receives the benefit without reinstatement from retirement, except as permitted by this
section.
(c) A person who retires from a public employer may serve without reinstatement from
retirement or loss or interruption of benefits provided by the retirement system upon
appointment by the appointing power of a public employer either during an emergency to
prevent stoppage of public business or because the retired person has skills needed to
perform work of limited duration.
(d)Appointments of the person authorized under this section shall not exceed a total for all
employers in that public retirement system of 960 hours or other equivalent limit, in a
calendar or fiscal year, depending on the administrator of the system. The rate of pay for the
employment shall not be less than the minimum, nor exceed the maximum, paid by the
employer to other employees performing comparable duties, divided by 173.333 to equal an
hourly rate. A retired person whose employment without reinstatement is authorized by this
section shall acquire no service credit or retirement rights under this section with ,respect to
the employment unless he or she reinstates from retirement.
(e)
22 of 26
(l)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
July 18, 2023, Item #5
Cal Gov Code § 7522.56
a public employer. A retiree shall certify in writing to the employer upon accepting
an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment
insurance compensation as described in this subdivision shall terminate that
employment on the last day of the current pay period and shall not be eligible for
reappointment subject to this section for a period of 12 months following the last
day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a
period of 180 days following the date of retirement unless he or she meets one of the
following conditions:
23 of 26
(l)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.
2
July 18, 2023, Item #5
Cal Gov Code § 7522.56
( 4)The retiree is a public safety officer or firefighter hired to perform a function or
functions regularly performed by a public safety officer or firefighter.
(g)A retired person who accepted a retirement incentive upon retirement shall not be
eligible to be employed pursuant to_ this section for a period of 180 days following the date
of retirement and subdivision (t) 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 (I) 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, 2913. 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 § I (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 (t)(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 (t)(4); and (3) "Judges' Retirement System" for
"Judges' Retirement System I" in subd (i).
3
24 of 26 July 18, 2023, Item #5
ATTACHMENT B
PCPA CIP PROJECT ITEMS
WORK LOCATION WORK ITEM
HVAC 1. -,.. ·--· -·
First Floor Corridor Fan Coil Units (First Floor)
Fan Coil Units (First Floor)
Second Floor Fan Coil Units (Second Floor)
Office and Lobby Ceiling Variable Air Volume Units
First Floor Mech Room Air Handling Unit 1
Second Floor Mech Rm Air Handling Unit 4
Air Handling Unit 5
Corridor Ceiling Air Handling Unit 7
Rooftop Exhaust Fans (75-450 cfm)
Exhaust Fans (950-1200 cfm)
Exhaust Fans (1775 cfm)
Packaged Terminal Air Conditioner
Air Handling Unit 2
Air Handling Unit 3
Air Handling Unit 6
Mechanical Room Heating Hot Water Pump
Condensing Water Pump
Chilled Water Pump
Facility HVAC Controls
PLUMBING ~
-
Restrooms Water Heater -2,3,4,5,6,9,10,11,12
Men's Restrooms Urinals
Facility Stainless Steel Sinks
Water Heaters (Tank)
Room 129 Water Heaters (Tank)
----ELECTRICAL .. -
Facility 100 amp Distribution Panel
800 amp Distribution Panel
1000 amp Distribution Panels
Second Floor Electrical Room Secondary Transformer (300 kilovolt amps)
Electrical Rooms Secondary Transformer (75 kilovolt amps)
FLOORING ., -~-~ -· .
Facility Vinyl Composition Tile
Carpet
Auditorium Vinyl Sheet
Seating
CEILING --_o,.,·•-
Facility Acoustic Ceiling Tiles -Lay In Ceiling
Acoustic Ceiling Tiles -Lay In Ceiling (Fiberglass)
ROOFING -" . ---· -
All levels Roof Replacement
25 of 26 ATTACHMENT B July 18, 2023, Item #5
ATTACHMENT B
WORK LOCATION WORK ITEM
ADA PROJECTS l -·--..
Auditorium (ADA) Aisle Handrails
Front of House (ADA) Stair Handrails (Lobby)
Stair Handrails (Side Staircase)
Stair Handrails (Corridor Stairs)
Ticket Counter Height
Snackbar Counter Height
Bar Counter Height
Men's Restrooms (1st Floor)
Women's Restroom (1st Floor)
Men's Restrooms (Mezzanine)
Women's Restroom (Mezzanine)
Unisex Restroom (Second Floor)
Unisex Restroom (Second Floor)
Elevator Entrance (Lobby)
Elevator Entrance (Second Floor)
Chair Lift (Mezzanine)
Back of House (ADA) Ramp Handrails
Men's Restroom
Women's Restroom
Restroom/Shower (Dressing Room 1)
Restroom/Shower (Dressing Room 2)
Restroom/Shower (Dressing Room 3)
Lavatories (Group Dressing Room)
Site (ADA) Ramp Handrails North Side of Building
Front Loading Zone ADA Signage
Ramp Handrails South Side of Building
Stair Handrails
26 of 26 July 18, 2023, Item #5