Item 4 - Approval of Agmts with Michael Baker and Charles Abbott; As-Needed Plan Review Svcs

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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 [email protected]

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.

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.

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.

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.

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.

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.

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.

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
REV
IEW

SERVICES
RFP;t
22 -008
•
PAGE
22 January 18, 2022, Item #4
CITY
OF
POW
AY
•

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
REV
IEW

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
CiT
Y
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").

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.

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.

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.

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.

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

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.

Term
of
Agreement.

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.

It
is
not
secondary
or
in
any
way
subordinate
to
any
other
insurance
or
coverage
maintained
by
City."

3. Insurance
Certificates:

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
ra
tes
include
general
and
administrative
overhead
and
fees
and
employee
payroll
bu
rden.

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
ident
ified
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
pu
rsuant
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
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.

Annotations
Notes
Amendments:

Note-
Amendments:
2013 Amendment:

Poway City CouncilJanuary 18, 2022

Poway City Council
January 18, 2022