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Item 4 - Approval of Agmts with Michael Baker and Charles Abbott; As-Needed Plan Review Svcs'<'\ r row --;-\ :'If-•_, -, . -••:>,(.· f.. I • ' • - •-:-"'• DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway January 18, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services M Tracy Beach, Senior Civil Engineer -re, (858) 668-4652 or tbeach@poway.org CITY COUNCIL Approval of Consultant Agreements with Michael Baker International, Inc. and Charles Abbott Associates, Inc. for As-Needed Plan Review Services; RFP No. 22-008 In September 2021, the City sent out a Request for Proposal (RFP) for as-needed plan review services. This action will approve the Consultant Agreements with Michael Baker International, Inc. and Charles Abbott Associates, Inc. to provide as-needed plan review services. The length of the agreement is from January 3, 2022 through January 2, 2024, with a provision to mutually extend the agreements with three extensions of one year each. Recommended Action: It is recommended that the City Council authorize the City Manager to execute the Agreements with Michael Baker International, Inc. (Attachment A) and Charles Abbott Associates, Inc. (Attachment B) for as-needed plan review services per the outlined terms of the Agreement. Discussion: Staff issued an RFP in September 2021 for as-needed plan review services and received five proposals. After a thorough evaluation of the five proposals submitted, staff selected Michael Baker International, Inc. and Charles Abbott Associates, Inc. as the firms best suited to meet the City's current and future needs. Proposals were evaluated based on established criteria as found in the RFP, including a demonstration of understanding the services requested, qualifications of the firms and specific individuals, demonstrated record of success by the consultant on work previously performed for the City or other municipalities, schedule of hourly rates, and references. Rates for the firms are consistent with industry standards. As-needed services will support Development Services staff with plan review of various private development projects. Michael Baker International, Inc. has past experience providing as-needed plan review services for the City of Poway and demonstrated similar experience for several other local agencies. Their proposal clearly demonstrated the understanding and ability to provide all aspects of the requested services 1 of 37 January 18, 2022, Item #4 and their fee structure was in-line with industry standards. While Charles Abbott Associates, Inc. has not provided as-needed plan review services for the City before, they were able to demonstrate similar experience for other local agencies and provide a list of highly qualified staff. Their proposal included a clear understanding of the scope of services requested and a fee structure that was in-line with industry standards. Consulting services for these agreements may include but are not limited to plan review of Grading Plans, Improvement Plans, Tentative and Final Maps, Title Reports, Geotechnical Reports, Legal Descriptions and Plats for Easement Documents, traverse calculations, Storm Water Quality Management Plans, and Hydrology and Hydraulic Studies. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA) Guidelines. Fiscal Impact: All costs incurred for plan review services associated with private projects under this agreement are either fully offset by developer fees or sufficiently funded in the FY 2021-2022 budget, Land Development Division (account 305030-41220). Funding for subsequent years will be included in the annual budget process for Council's consideration. Public Notification: Michael Baker International, Inc., Attn: Tim Thiele, 5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 Charles Abbott Associates, Inc., Attn: Rusty Reed, 27201 Puerta Real, Suite 200, Mission Viejo, CA 92691 Attachments: A. Standard Agreement for Consultant Services with Michael Baker International, Inc., including the Scope of Work and Fee Schedule B. Standard Agreement for Consultant Services with Charles Abbott Associates, Inc., including the Scope of Work and Fee Schedule Reviewed/ Approved By: Wendy Kaserman Assistant City Ma nag er 2 of37 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager January 18, 2022, Item #4 City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 3rd day of January, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation, (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform as-needed plan review services (Project); and WHEREAS, Consultant is a civil engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT 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. 3 of 37 ATTACH~ENT A January 18, 2022, Item #4 5. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4of37 2 January 18, 2022, Item #4 "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 (8) 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: C8l 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 of37 3 January 18, 2022, Item #4 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 of37 4 January 18, 2022, Item #4 (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 of37 5 January 18, 2022, Item #4 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 of37 6 January 18, 2022, Item #4 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 37 7 January 18, 2022, Item #4 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY MICHAEL BAKER INTERNATIONAL, INC., By:-----------By: ___________ _ Chris Hazeltine, City Manager Tim Thiele, PE, QSD Date: __________ _ Date: ___________ _ ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By: (Jk-Alan Fenstermacher, City Attorney 10 of 37 8 January 18, 2022, Item #4 A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the as-needed plan review services further described in the Scope of Work submitted with the proposals dated September 29, 2021, 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. 8. Compensation and Reimbursement. City shall pay Consultant on a time and material basis in accordance with the Hourly Rate Sheet submitted with the proposal dated September 29, 2021, which is included in this document as Attachment 2. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten ( 10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing February 1, 2022, and ending January 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 three additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 11 of 37 1 January 18, 2022, Item #4 (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 37 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 Michael Baker International, Inc. 5050 Avenida Encinas, Suite 260 Carlsbad, CA 92008-4389 2 January 18, 2022, Item #4 Attachment 1 SCOPE OF WORK TYPICAL PLAN CHECKING PROJECT APPROACH Michael Baker's approach to accomplishing the work is based on years of experience working for the City as well as various other local municipalities, including Carlsbad, Del Mar, and Vista. We have identified a number of specific steps we will undertake in order to achieve quality assurance, schedule control, and a balanced effort in the event of several planchecks occurring simultaneously. Constant communication with the City's Project Manager from beginning to end to make sure that the City stays current on plan review issues will be a key factor in delivering plan review services. We know the importance of responding quickly and accurately so that decisions can be made. Michael Baker's Project Manager will oversee the review process, ensuring that a thorough and timely review is performed. During the review, it is important to recognize there are many different ways to design a project. We will not seek to redesign the project through our reviews, but review the work for conformance with accepted standards and City established goals. Plan Check Schedule: From notice to pickup (in-person or virtual), reviews are completed and returned to the City within a period of 15 working days for first plan review, 10 working days for the second review, and 5 working days for any subsequent reviews. Plan Tracking: Michael Baker will maintain a log of all plans that are reviewed. This log will identify the date the plans were received, review due date, plan type, number in review cycle, the plan reviewer assigned, date assigned, status of the review, and the date the plans are returned to the City. Michael Baker will provide the City with a copy of the Plan Review Log on request. Duality Control: The Project Manager will evaluate review comments to verify the completeness of the review and resolve conflicting comments prior to delivering the review comments to the City. It will be the responsibility of Michael Baker's Project Manager to follow through with the individual reviewers to provide consistency and continuity in review comments and services across the various disciplines. PROJECT UNDERSTANDING Our understanding and approach to performing efficient plan review services includes: 1. Understand the City's Goals -In order to be successful on any project, it is vital that we understand the final product. We can meet with City staff to receive submittal package(s) in person and discuss the important issues on each review. 2. Initial Completeness Check -Michael Baker shall perform an initial completeness check of submitted items to ensure that all appropriate plans, calculations, studies, and supplemental items required by the City have been forwarded for review. We realize the potential for required items such as map signature authorizations; environmental clearance documents; Covenants, Conditions and Restrictions (CC&Rs); current title and soils reports; and other applicable documents to be missing from initial submittal packages. We shall immediately notify the City's Project Engineer of any missing items and coordinate the extent to which plan review should or should not continue. If the City wishes to suspend plan review, we will prepare a written re-submittal checklist of the required missing items and resume review when the missing items have been provided. 3. Prepare a Detailed Workplan -We will define all tasks, their relationship with each other, and their associated time to complete. We will develop a list of needs so that we can identify specialized expertise that may be required to maintain schedule and complete tasks. Budgets will be established for each task to ensure that the project team stays on track and on schedule. 4. Analyze Existing Conditions -For a design review to be effective and appropriate, it is important to create a clear picture of the existing conditions. This is especially true with redevelopment projects, since there are many existing facilities that require matching with new improvements. In order to fully understand the current conditions, the following steps will be taken to describe the existing improvements: • Review as-built records for street improvements, utility improvements, and drainage facilities. We will check title reports, plats, and existing parcel data as required to ascertain current easement locations, abutter's rights, allowable egress, and other survey mapping issues. Understand the City's Goals Initial Completeness Check INTERNATIONAL CITY OF POWAY • AS-f✓EEOEO PU\I✓ REVIEW SERVICES RFP;! 22-008 • PAGE 20 January 18, 2022, Item #4 CITY OF POWAY ■ AS-NEEDED PLAN REVIEW SERVICES • If necessary, Michael Baker staff will walk the entire project area to observe the conditions, take photographs, and note any changes or unusual conditions proposed on the submitted plans. Some of the things that we will look for in this endeavor include edge conditions, potential adverse impacts to adjacent property, potential utility conflicts, sight distance along existing roads, and the pre-development drainage patterns. 5. Understand the Entitlement History-Large-scale subdivision projects have particularly long and sometimes complicated entitlement phases that often involve re-zones, general plan amendments, and/or planned development permits. Careful review of the tentative map and conditions is critical to understanding the project specific issues and required submittal items. • Review of the tentative map will be performed to understand key zoning issues and other items related to "substantial conformance" with final engineering documents. These would include the required street section(s), minimum lot size, dimensions, setbacks, lot count, and open space requirements. Ownership and maintenance responsibility for streets and utilities is also typically established by virtue of the approved tentative map and must be understood to perform an accurate and thorough review of final plans. • The Conditions of Approval will be thoroughly understood, so that the necessary offsite improvements, where applicable, are enforced. • The Conditions of Approval also typically refer to other required submittal items above and beyond the typical engineering grading and improvement plans, final map, and engineering studies. These items may include recordation of environmental covenants or easements prior to grading permits, permission to grade letters, fees in lieu, offsite wetland or other habitat acquisition, and street ROW acquisition or dedication. Many of these items are tied to specific approvals and the applicability must be understood during all stages of plan review. • Review of the Conditions is also necessary to understand where and when typical design standards have been waived, exceeded, or supplemented with additional requirements by resolution during the planning process. 6. Thorough Review of Submittal Plans, Studies and Documents -A thorough review of all plans, studies, and supporting documents is necessary to avoid compromising schedule goals. This requires our approach to identify all relevant issues during first plan review. We have found through experience that investing additional time up front to perform a complete review makes the overall process to the finish line quicker and smoother for all parties. • Michael Baker will review plans, studies, and other supporting documents for conformance with general City requirements. • All submitted plans and reports will refer to completeness check in Step 2 for consistency of information as well as potential non-conformance with the approved Tentative Map. • Michael Baker will review plans, reports, and calculations with other applicable state and federal requirements such as the Uniform Building Code, Americans with Disabilities Act, National Floodplain Insurance Program ( FEMA), and the California Subdivision Map Act. We anticipate also that potential changes to the State General Construction Permit and Municipal Storm Sewer System (MS4) Discharge Permit will require the City of Poway to amend their BMP Design Manual and erosion control design requirements. We will attend meetings and coordinate with the City to thoroughly understand how changes in these regional and state regulations get interpreted and implemented at the local level. • Where applicable, we will confirm the status of required approvals and agreements with other reviewing agencies such as California Department of Fish and Game, U.S. Army Corps of Engineers, neighboring cities, and/or private landowners. • Where applicable, final maps will be reviewed to ascertain that signature omission letters and subordination agreements have been executed with appropriate utility companies (i.e. SDG&E). 7. Proactive Coordination with Project Manager and Engineer of Record -During the review process, the Project Manager will be available to coordinate questions and concerns directly with the Engineer of Record and be responsible for communicating any resolutions with the City's Project Manager. Where possible, issues will be mutually resolved prior to completion of first plan check. Plan check redlines, check lists, and other written comments will be reviewed in person with both the City Project Manager and the Engineer of Record. Expectations for re-submittal shall be clearly communicated both verbally and in writing. INTERNATIONAL CITY OF r'OW/J..Y • AS-1,JEEDED PLAi\l REVIEW SERVlCES RFP:/i 22-006 • PAGE 21 January 18, 2022, Item #4 CITY OF POWAY • AS-NEEDED PLAN REVIEW SERVICES 8. Return of Plan Check -Michael Baker's Project Manager will review submittal packages for conformance with "accepted engineering practices," with special consideration given to those issues that potentially impact health, safety or private property. These issues might include existing non-conformalities with sight distance, traffic safety, and flood prone areas. All our plan checks include a completeness review memo to summarize all outstanding plan check issues for each plan reviewed and a list of pending conditions which have not yet been satisfied. SCOPE OF WORK Michael Baker will perform high level professional plan review services. Our team excels at customer service and possesses a high degree of technical plan review competency in land development, including both grading and improvement plans, as well as Tentative and Final Maps, and project related studies and reports as required by the City of Poway's Municipal Code and Ordinances. Michael Baker is responsive and proactive in management of client accounts. 1. Michael Baker will perform all plan reviews in accordance with all applicable State and City regulations and ordinances, including, but not limited to, the adopted Poway BM P Design Manual and the Poway Municipal Code. 2. Michael Baker will perform plan review and recheck reviews of items including, but not limited: Grading Plans, Improvement Plans, Tentative and Final Maps, Title Reports, Soils Reports, Legal Descriptions and Plats for Easement Documents, traverse calculations, cost estimates, Hydrology and Hydraulic Studies, Geotechnical Reports, Storm Water Quality Management Plans (SWQM Ps), and Hydromodification Management Plans (HM Ps) as well as related and necessary reference review of project plans for the entire plan review process. 3. Michael Baker will complete quality reviews within the City's needed timeframes as detailed below in the Timelines section. 4. Michael Baker will meet with staff and applicants when requested by staff. 5. Michael Baker will develop and maintain written lists of corrections needed for the submitted plans to conform to the applicable codes and regulations. Each review will be returned to the City with redlines as well as a summary memo of critical items for inclusion with the City's overall plancheck review memo. 6. Michael Baker will transmit correction lists to, and consult with, the City and/or the applicant or design professional, as necessary, in order to explain the corrections to be REVIEWS Reviews will be returned to the City with redlines as well as a summary memo of critical items. made for the proposed construction to conform to the applicable codes and regulations. Michael Baker will issue the necessary approvals when, in our opinion, the plans appear to be complete and compliant with the City's Municipal Code and Ordinances after having been initially reviewed or re-reviewed. 7. Michael Baker will perform other plan review tasks as assigned. MANAGEMENT APPROACH In addition to the actions outlined in Understanding and Approach above, the following will be incorporated into our management approach: • Michael Baker will work as a City consultant, and as such, will be perceived by the public as a City agent; therefore, Michael Baker's staff will reflect the professionalism and courtesy of a public employee when dealing with the public. Our years of experience planchecking and coordinating directly with applicants will ensure that the City is well represented in any contact we have with applicants. We are respectful in our communication and will follow up on any personal or phone communication with written documentation to City staff and the applicant. • Michael Baker will provide copies of all correspondence records and reports to the Development Services Department upon request. • Michael Baker will invoice the Development Services Department for services rendered in a manner consistent with City standards, as approved by the Finance Division of the Administrative Services Department. Over the past two years, our team has developed an understanding of the City's finance operations and is comfortable working with City staff to continue to provide detailed and accurate invoices. We understand that payment for our services ultimately comes from the applicants based on the labor hours and justification on our invoices. • The City will collect all fees in connection with Michael Baker performing the work set forth in this proposal, and under no condition will such fees be collected by Michael Baker. • 1t ~Mf4~ffi@i INTERNATIONAL CITY OF PO\NA\' • AS-l·~EEOEO Pl_Al\1 REVIEW SERVICES RFP;t 22-008 • PAGE 22 January 18, 2022, Item #4 CITY OF POWAY • AS-NEEDED PLAN REVIEW SERVICES ---------------• Consistent with the authority contained in the law, Michael Baker will have the decision authority consistent with and necessary for the timely and proper enforcement of the laws and ordinances assigned to Michael Baker for enforcement, and such decisions will be consistent with the wording of the regulations. • Michael Baker will provide its own office space and clerical support at its sole cost and expense. Specific accommodations to Michael Baker by the City may be permitted on a case-by-case basis, if such accommodations are of no cost to the City. Over the past two years, Michael Baker staff has been available to work out of City Hall as needed. TIMELINES Included below is a list of typical turnaround times. Michael Baker is aware of the City's occasional need to prioritize reviews in a manner other than in the order in which they were provided. Our team understands the importance of expediting reviews as necessary and has shown our ability to do so on our review of Poway Corporate Center Lot 12 as well as the Final Map for the Bourgeois property. We possess the flexibility to work with the City's schedule by switching gears to focus on the most critical projects as directed by City staff. Review Turnaround Times 1st Review 15 Business Days 2nd Review 10 Business Days 3rd Review 5 Business Days Subsequent Reviews (as necessary) 5 Business Days INTERNATIONAL CITY OF POWAY • AS-f\JEEDEO /ILAI\J REVIEW SERVICES Rf~p,.; 22-008 • PAGE 23 January 18, 2022, Item #4 Attacnment ~ FEE PROPOSAL Michael Baker's hourly rate sheet is included below and details any staff positions that may complete work as part of this contract. All staff will perform work on this project at a rate of $132 per hour. Michael Baker INTERNATIONAL HOURLY RATE SHEET OFFICE PERSONNEL $/ Hour INTERNATIONAL CiTY OF POWA.Y • A.S·!-.JEEDEO PLAI\J REVIEVV SER\/iCES Rt-PH 22-008 ■ PAGE 24 January 18, 2022, Item #4 EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. ( c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. (e) 18 of 37 (!)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 1 January 18, 2022, Item #4 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: 19 of 37 (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. (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. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 2 January 18, 2022, Item #4 Cal Gov Code§ 7522.56 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System Il who is assigned to serve in a court pursuant to Section 68543. 5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 .ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (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). 20 of 37 3 January 18, 2022, Item #4 City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of February, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and CHARLES ABBOTT ASSOCIATES, INC., a California corporation, (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform as-needed plan review services (Project); and WHEREAS, Consultant is a civil engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT 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. 21 of 37 ATTACHMENT B 1 January 18, 2022, Item #4 5. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 22 of 37 2 January 18, 2022, Item #4 "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: ~ 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) 23 of 37 3 January 18, 2022, Item #4 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. 24 of 37 4 January 18, 2022, Item #4 (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. 25 of 37 5 January 18, 2022, Item #4 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. 26 of 37 6 January 18, 2022, Item #4 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) 27 of 37 7 January 18, 2022, Item #4 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY CHARLES ABBOTT ASSOCIATES, INC., By: __________ _ By: ___________ _ Chris Hazeltine, City Manager Rusty R. Reed, PE, President Date: -----------Date: ___________ _ ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By: Ok-~ Alan Fenstermacher, City Attorney 28 of 37 8 January 18, 2022, Item #4 A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the as-needed plan review services further described in the Scope of Work submitted with the proposals dated September 28, 2021, 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 on a time and material basis in accordance with the Hourly Rate Sheet submitted with the proposal dated September 28, 2021, which is included in this document as Attachment 2. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing February 1, 2022, and ending January 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 three additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 29 of 37 1 January 18, 2022, Item #4 (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: 30 of 37 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 Charles Abbott Associates, Inc. 27201 Puerta Real #220 Mission Viejo, CA 92691 2 January 18, 2022, Item #4 Attachment 1 CAA proposes to perform all tasks associated with engineering plan review. CAA will provide electronic review of project documents where possible and meet with City staff or conduct field project reviews as needed. Our staff is technically qualified, trained, properly licensed and certified to provide all engineering plan check services to meet your workload needs. Key resources that will be utilized during plan check include the City's Engineering Design Guidelines Manual, City BMP Manual, the City Municipal Code, and all other applicable State and City regulations and ordinances. Services provided include: ✓ CAA will provide plan review services for Development Projects, including grading, erosion control, streets, storm drain, utilitiesrs, reviewing and conditioning of land divisions and development -residential, commercial, and industrial plan checking; drainage and hydraulics/hydrology reviews according to City and State methodologies, lot line adjustments, tract and parcel map reviews, water quality management plans, and assuring condition compliance. ✓ CAA will review plan check submittal items and reports, including road structural section calculations; hydrology and hydraulic calculations; street layout and design; structure calculations not under building permit purview; traffic reports: and quantity estimates as well as soil reports, grading, subdivision maps, erosion control, streets, sewer, storm drain, traffic signal, street lightning, retaining walls, and NPDES requirements. ✓ Our approach to plan review ensures that plans submitted to CAA for review are properly tracked and processed. Our system ensures that each plan or permit is assigned, returned, and handled on time and within budget. The status of any plan can easily be determined at any point in time. ✓ CAA will ensure the completeness of submittals and document any deficiencies as needed. Our team will conduct site visits as necessary and interact with City personnel and private contractors to resolve any issues and answer any questions. CAA will review plans for sound engineering practices and provide detailed plan check of the assigned project plans in accordance with applicable laws, standards, adopted codes and amendments. CAA will ensure accuracy of design in conformance with the City's most current Plan Check Lists, and will provide and retain digital lists of corrections and redlines. ✓ CAA will check general mathematics and design criteria, and call for redesign of any portion of plans that show poor engineering, do not comply with the Approved Tentative Map or Conditions of Approval, might be potentially unsafe, or are impractical to build. ✓ CAA will ensure accuracy of design in conformance with the City's most current Plan Check Lists. Our plan check team is thoroughly versed in the latest adopted California Building Code, Greenbook, Caltrans Specifications, Highway Design Manual, Hydrology and Local Drainage Manuals, and various other design guidelines, and will familiarize themselves with any and all City Standards and amendments so that we may provide outstanding service in line with the expectations of the City. Our team can also draw on experience with other client cities to suggest different strategies or work on resources to enhance the City's plan check process. professional government services 17 January 18, 2022, Item #4 ✓ CAA will provide all the required correspondence on initial and subsequent reviews. Each plan review will be accompanied with a letter summarizing any red-line comments. This letter can be addressed through the City Engineer, assigned staff, or directly to the Designer, based upon the City's preference. A complete redlined set of drawings and any reports will be returned to the designer for their correction. Final approved documents and mylars with plan checker initials will be sent to the City at the end of the process. ✓ CAA understands the importance of timely reviews and the cost to the development community caused by delays attributed to plan-check reviews, and pride ourselves on our ability to adhere to expected performance schedules at all times. CAA will review and return plans in less than 10 business days for initial submittals for both small and larger projects. Resubmittals will be reviewed within 5 business days or less. CAA does not anticipate third submittals; however, should they occur, these will be reviewed within 3 days or less. Although it is anticipated that submittals will be digital, CAA will pick-up and deliver plans and correspondence to and from the City at no additional charge to the City. Expedited plan review is available at an additional charge. PLAN REVIEW TIMEFRAMES New Project Resubmittals Revisions to Approved Plans 10 days 5 days 1-5 days ✓ CAA understands that all fees for plans reviewed by CAA will be collected by the City. CAA's administrative staff will prepare a monthly invoice for hours worked per the agreement with the City. All invoices will be reviewed by the project manager prior to submittal to the City for payment. ✓ CAA complies with the insurance requirements outlined by the City, and will obtain a City of Poway Business Certificate upon contract award. professional government services 18 January 18, 2022, Item #4 Attachment 2 Fees below are inclusive of all costs, including general and administrative, travel, per diem, training, materials, supplies, and other items necessary to complete the project. CAA offers to provide As-Needed Plan Review Services for the following hourly rates: ASSIGNED STAFF STAFF FUNCTION HOURLY RATE Mike Podegracz Project Manager $132 Danny Chow Senior Engineer $132 Mike Smith Senior Environmental Plan Reviewer $132 Richard Pederson Senior Plan Check Engineer $125 Paula Pereira Senior Plan Check Surveyor $125 Janet Shliz Plan Check Engineer $105 Cindy Kwong-Lu Plan Check Engineer $105 Our Standard Hourly Rate Sheet is provided for reference. ENGINEERING/PUBLIC WORKS HOURLY BUILDING & SAFETY HOURLY CLASSIFICATION RATES CLASSIFICATION RATES Principal Engineer 175.00 Principal Building Official 145.00 City Engineer 135.00 Building Official 125.00 Project Manager 145.00 Senior Building Inspector* 105.00 Senior Engineer 140.00 Building Inspector/Plan Checker 97.00 Project Engineer 132.00 Building Inspector* 90.00 Associate Engineer 110.00 Permit Specialist 66.00 Code Enforcement Officer 75.00 Senior Design Engineer 115.00 AssistanUDesign Engineer 98.00 Senior Plan Check Engineer 125.00 Building Plan Checker 105.00 Senior Plan Check Engineer 125.00 Plan Check Engineer 105.00 COMMUNITY DEVELOPMENT HOURLY CLASSIFICATION RATES Senior Traffic Engineer/Manager 150.00 Transportation Planner 110.00 Community Develop Director 145.00 Traffic Engineer Associate 95.00 Principal Planner 140.00 Senior Planner 120.00 3-Person Survey Crew 270.00 Associate Planner 97.00 2-Person Survey Crew 210.00 Assistance Planner 80.00 Planning Technician 70.00 Senior Draftsperson (CADD) 95.00 Code Enforcement Officer 75.00 Draftsperson (CADD) 85.00 professional government services 19 January 18, 2022, Item #4 OTHER HOURLY Senior Public Works Inspector* 105.00 CLASSIFICATIONS RATES Public Works Inspector* 95.00 Landscape Architect Director 125.00 STORM WATER HOURLY Associate Landscape Architect 95.00 CLASSIFICATION RATES Expert Witness Services 300.00 Senior Contract Administrator 110.00 Environmental Project Manager 145.00 Administrative Assistant 60.00 Senior Environmental Plan Checker 145.00 Clerical 50.00 Environmental Program Manager 115.00 Associate Environmental Plan 110.00 Checker Environmental Analyst 92.00 Environmental Associate 87.00 Environmental Inspector 80.00 The above hourly rates include general and administrative overhead and fees and employee payroll burden. Rates are subject to an annual adjustment based upon increases adopted by Charles Abbott Associates, Inc. as reflected in the Consumer Price Index (CPI). *The Hourly Rates identified are for Non-Prevailing Wage project inspection. Hourly Rates for Prevailing Wage project inspection will be $120.00 for regular time; $143.00 for overtime on Mondays through Saturdays; and $167.00 for overtime on Sundays and Holidays. Prevailing Wage rates are subject to increases pursuant to the State of California's Department of Industrial Wage Rate Determinations. professional government services 20 January 18, 2022, Item #4 EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. ( c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. (e) 35 of 37 (!)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 1 January 18, 2022, Item #4 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: 36 of 37 (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. (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. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 2 January 18, 2022, Item #4 Cal Gov Code§ 7522.56 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 .ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: 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). 37 of 37 3 January 18, 2022, Item #4