DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPow ay
July 18, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services M
Jeff Beers, Special Projects Engineer
(858) 668-4624 or [email protected]
CITY COUNCIL
Approval of Consultant Agreement with Sillman Wright Architects for the Poway Center for the Performing Arts Facility Maintenance Design Project; RFP No. 22-003, to provide Architectural and Engineering Design Services for comprehensive maintenance and rehabilitation, and Appropriation of Additional Funds In July 2021, the Development Services Department issued a Request for Proposals (RFP No. 22-003) for architectural and engineering design services for comprehensive maintenance and rehabilitation of the Poway Center for the Performing Arts (PCPA) and construction management services for future construction projects. This action will approve the Consultant Agreement with Sillman Wright Architects to provide architectural and engineering design services for the project and appropriate additional funds for the project.
Recommended Action:
It is recommended the City Council:
(1) Approve the Consultant Agreement (Attachment A) with Sillman Wright Architects in the amount of $679,090 for the PCPA Facility Maintenance Design project, per the outlined terms of the agreement and authorize the City Manager to execute the necessary documents; and (2) Appropriate additional funds in the amount of $179,090 from the Capital Improvement Fund (General Fund), available fund balance to the PCPA Facility Maintenance Design (MN030) project.
Discussion:
A Request for Proposals was issued in July 2021 for the scope of work included with this contract. At that time the scope was for a three-year construction project and Sillman Wright Architects was selected as the design consultant. The project was put on hold while the City negotiated a new Joint Use Agreement UUA) with Poway Unified School District (PUSD) insuring PUSD shares in the design and construction costs. Following adoption of the new JUA the project is now resuming with the same consultant and project scope but the construction will span over a five-year period. There is an increase in cost for the consultant agreement due to cost escalations since the RFP was issued and the additional two years of construction management needed for the five-year construction plan. A list of the projects proposed to be implemented over the five-year period is provided as Attachment B. 1 of 26
July 18, 2023, Item #5
The PCPA is a state-of-the-art professional theater, which opened in May 1990, with a seating capacity of 797. The Center was designed for professional and student performances ranging from major plays and concerts to appearances by individual artists of national acclaim. This project is the first comprehensive maintenance program to replace much of the mechanical, plumbing, and electrical equipment in the facility as well as replace deteriorated interior finishes. At this point in the building's lifespan, most of the equipment has outlived its standard useful life and should be replaced. In addition to the building's infrastructure replacement needs, additional required Americans with Disability Act (ADA) upgrades are needed throughout the facility. The consultant for this project is required to have experience with Division of the State Architect (DSA) procedures, processes and requirements for gaining approvals to construct and for completing the certification of the project.
The DSA is the Building Code authority for buildings located on school sites. The PCPA is a City building located on the campus of Poway High School.
The scope of work for the consultant is to design a complete set of DSA approved plans for a multi phase rehabilitation project for the PCPA. The project scope will include replacement of most of the major HVAC, plumbing, and electrical equipment as well as replacement of many interior finishes and ADA upgrades. The interior finishes include items such as lay in ceiling, carpet, and sheet flooring. For additional scope details, reference the attached Consultant Agreement.
The project construction is anticipated to be a multi-year rehabilitation project spanning an estimated five years. The construction management portion of the agreement referenced in the attached fee schedule will not be applicable until design work is complete, projects are bid, and construction begins. It will be constructed in such a way that has the least facility downtime and minimizes conflicts for theater operations. PUSD will be paying 35% of the cost of the design and the forthcoming maintenance projects as required by the City of Poway, PUSD joint use agreement for the PCPA.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The consultant's fee will be based on the scope of work as outlined in the Agreement. The not-to exceed fee of $679,090 for professional services will be the basis for this effort. Funds totaling $500,000 are currently available in the PCPA Facility Maintenance Design (MN030) project.
Approval of this item will require an appropriation of $179,090 from the Capital Improvement Fund (General Fund), available fund balance to the PCPA Facility Maintenance Design (MN030) project.
Public Notification:
None.
Attachments:
A. Consultant Agreement
B. Five-Year List of Projects
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
2 of 26
Reviewed By:
Alan Fenstermacher
City Attorney City Manager
July 18, 2023, Item #5
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 19th day of July, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and SILLMAN WRIGHT ARCHITECTS (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform architectural and engineering design services for the Poway Center for the Performing Arts Facility Maintenance Project (Project);
WHEREAS, Consultant is an engineering and architectural design consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement.
This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause, shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 3 of 26 ATTACHMENT A
1 July 18, 2023, Item #5
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 considerat ion, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand .
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of -any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of26
2 July 18, 2023, Item #5
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
[81 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Robert J. Manis, Director of Development Services
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 5 of26
3 July 18, 2023, Item #5
years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession.
Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees .
(b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
6 of 26
4 July 18, 2023, Item #5
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers.
(d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of 26
5 July 18, 2023, Item #5
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees.
Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City. 8 of 26
6 July 18, 2023, Item #5
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B."
Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
9 of 26
7 July 18, 2023, Item #5
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By:----------
Chris Hazeltine, City Manager
Date: ----------
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By:------------
Alan Fenstermacher, City Attorney
10 of 26
SILLMAN WRIGHT ARCHITECTS
By:--------------
Brett Tullis, Principal Architect
Date: ------------
8 July 18, 2023, Item #5
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the architectural and engineering design services further described in the Scope of Services submitted with the proposals dated February 23, 2023, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated February 23, 2023, which are included in this document as Attachment
1. Total fee is not to exceed Six Hundred Seventy-Nine Thousand Ninety Dollars ($679,090~.
Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates.
Reimbursement for lodging is limited to travel from outside of San Diego County . Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall commence and be effective as of July 19, 2023 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
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1 July 18, 2023, Item #5
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Consultant:
12 of 26
2 City of Poway - Development Services
13325 Civic Center Drive
Poway, CA 92064
Sillman Wright Architects
7515 Metropolitan Drive, Suite 400
San Diego, CA 92108
July 18, 2023, Item #5
February 23, 2023
Jeff Beers
City of Poway
Attachment 1
Special Projects Engineer
858-668-4624
[email protected]
Project:
Poway Center for the Performing Arts (PCPA)
Architectural and Engineering Design Services
RFP #22-003
Subject:
Proposal for Architectural & Engineering Services
Dear Jeff:
SILLMAN (Architect) is pleased to provide the City of Poway (Client) with this proposal for Architectural & Engineering Services for the replacement of the HVAC systems and ADA Upgrades at the Poway Center for the Performing Arts (PCPA) an existing Performing Arts Center on a previously developed site.
The Project will utilize the Design-Bid-Build (DBB) delivery system.
Project Description:
The Project is to design and construct a multi-phase rehabilitation project at the existing Poway Center for the Performing Arts (PCPA) located at 15498 Espola Road, Poway, CA 92064 . As the Project is located on the Poway High School Campus, the Project will be processed with the Division of the State Architect (DSA) for review and approval.
This project is to design a complete set of Division of the State Architect (DSA) approved plans for a multi-phase rehabilitation project of the PCPA.
The scope will include replacement of most of the major HVAC, plumbing, electrical equipment as well as replacement of many interior finishes and ADA upgrades.
Construction will occur in multiple phases and will be coordinated with the performance schedule of the PCPA so as not to interfere with the schedule. It 13 Of 26 SILLM AN I 7515 Metropolitan Dr ive I Suite 400 I San Diego CA 92108 I T: 619 .294.7515 I F: 619 .294 .7592 July 18, 2023, Item #5
Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023
is anticipated that construction will take place during the summer months when the PCPA is closed.
I. Scope of Services
The Architect shall provide Design Services which include, but are not limited to, the following items:
1. Project Kick-Off:
a. The Architect will collect and review record drawings, conduct site visits as necessary, and attend a project kick off meeting with Client and Poway Unified School District staff.
2. 50% Construction Drawings:
a. The Architect will prepare and submit 50% design plans using the Schematic Plans provided by the Client as the basis of work.
b. The Architect will meet with DSA to review the scope of the project and determine the exact requirements of the permit plan set.
3. 75% Construction Drawings:
a. Upon completion of the City's review of the 50% Construction Documents plan submittal, the Architect will incorporate all comments, prepare, and submit 75% design plans to the
Client for review.
4. 100% Construction Drawings:
a. Upon completion of the City's review of the 75% plan submittal, the Architect will incorporate all comments and provide the 100% submittal.
5. Division of State Architect Submittal:
a. Upon Completion of the City's review of the 100% submittal, the Architect will incorporate all comments and provide the DSA permit submittal. The project team will submit the 100% plans to the Division of State Architect for permitting. Thi,s submittal shall include all documents required by DSA. The 14 Of 26 SILLMAN I 7515 Met,opolitan Dr iv e I Suite 400 I San Diego CA 92108 IT: 619.294.751 5 I F: 619. 294.7 59 2 July 18, 2023, Item #5
Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023
project team shall respond to any comments by the DSA in order to gain a construction permitted plan set.
6. Bidding Support:
a. The Architect will provide Bid Support services including responding to design related Requests for Information (RFls).
The Architect will attend Bid meetings as necessary
b. This being a multi-phase construction project, it is envisioned that there could be five (5) separate Bidding and Construction Support efforts.
c. Only one (1) General Contractor will be selected. In addition only one (1) Subcontractor per trade will be selected .
7. Construction Administration:
a. The Architect shall provide a Construction Administrator to attend progress meetings, observe construction activity, liaison between the City's Project Manager, DSA Inspector and the Contractor and all other activities as relates to the supervision of a construction project. This is not envisioned to be a full-time standalone position, but a designated person that will lead the construction effort for the City and Architect. b. Since the Project is multi-phased, the Architect will only be reviewing one (1) submittal / shop drawing review per
specification section. Once the submittal is approved there will not be another submittal for the same product / equipment / system.
8. Project Closeout:
a. The Architect will incorporate all construction changes into a record set of plans and deliver the final drawing set in both PDF and AutoCad (v.2010 or newer)
9. Architect shall coordinate with any additional Consultants selected by Client
II. Conceptual Schedule
A preliminary schedule is provided based on initial input from the Client. The Architect has limited influence over the schedule and will update the Client 15 Of 26 SILLMA N I 7515 Metropolitan Drive I Suite 400 I San Diego CA 921 08 I T: 619.294.7515 I F: 619.294.7592 July 18, 2023, Item #5
Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023
when the schedule needs to be adjusted. In the event that there is a delay this is not directly attributable to the Architect; the Architect will be provided additional time & fee to complete their scope of work.
Project Kick-Off
Field Investigation
50% Construction Drawings
75% Construction Drawings
100% Construction Drawings
Division of the State Architect
Processing
No Construction
Bidding
Construction Support Inc 1
No Construction
Bidding
Construction Support Inc 1
No Construction
Bidding
Construction Support Inc 1
No Construction
Bidding
Construction Support Inc 2
No Construction
Bidding
Construction Support Inc 3
Close Out
5/1/2021
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35 days 6/19/2021
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49 days 9/11/2021
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52 days 4/1/2022
61 days 6/1/2022
92 days 9/1/2022
153
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61 days 8/1/2024
214 days 4/3/2025
2.00 wks 0.47 mos
5.00 wks 1.17 mos
5.00 wks 1.17 mos
7.00 wks 1.63 mos
19 wks 4.43 mos
21.43 wks 5.00 mos
8.71 wks 2.03 mos
13.14 wks 3.07 mos
8.71 wks 2.03 mos
13.14 wks 3.07 mos
8.71 wks 2.03 mos
13.14 wks 3.07 mos
8.71 wks 2.03 mos
13.14 wks 3.07 mos
8.71 wks 2.03 mos
13.14 wks 3.07 mos
8.71 wks 2.03 mos
30.57 wks 7.13 mos
16 Of 26 SILLMA N I 7515 1Vletropo li ta11 Drive I Su ite 400 I San Diego CA 92108 I T: 619 .294.7515 I F: 619.294.7592 July 18, 2023, Item #5
Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023
Ill. Exclusions
A Civil, Landscape, Technology, Acoustical, Fire Alarm, Security and Telecommunications Design
B. Environmental, Conditional Use/Discretionary/Entitlements Permit Processing / Plans
C. Site ADA Elements including Path of Travel, Parking, Public Transit.
D. Audio Visual Design and Equipment
E. Permit and other fees
F. As-built drawings of existing conditions
G. Signage (other than required by Code)
H. Renderings
I. ADA Survey/ Transition Plan
J. Construction Management
K. LEED Management and Documentation
L. Furniture Fixtures and Equipment (FF&E)
M. Coordinating with more the one (1) team of General
Contractors / Subcontractors .
N. Reviewing more than one (1) submittal per specification section for shop drawings/ product review/ system.
0. Multiple DSA Submittals
P. Client Design Revisions/ Value Engineering after the completion of the 50% Construction Documents Phase
17 Of 26 SILLMAN I 7515 Metropol itan Drive I Suite 400 I San Diego CA 92103 IT: 619.294 .7515 I F: 619.29 4 .7592 July 18, 2023, Item #5
Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023
IV. Client to Provide
A. Client agrees to provide Architect with all information, surveys, reports, and professional recommendations and any other related items required by the Architect in order to provide professional services.
Architect may rely on the accuracy and completeness of these items B. As Built Drawings in AutoCAD
V. Fees
Fee for Architectural Services:
Site Investigation & 50%
Construction Documents
75% Construction Documents
100% Construction Documents
Permitting/ Issue for Construction
Bidding
Construction Admin
Project Close Out
$
$
$
$
$
$
$
$
162,982 24%
135,818 20%
122,236 18%
54,327 8%
33,955 5%
162,982 24%
6,791 1%
679,090 100%
18 Of 26 SILLMAN I 7515 Metropolitan Drive I Suite 400 I San Diego CA 92108 IT: 619.294 7515 I F: 619.294 .7592 July 18, 2023, Item #5
19 of 26
Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023
Architect of Record $
Structural $
Mechanical $
Plumb ing $
Electrical $
Fire Protection Engineer $
CASp $
335,000
38,000
106,000
73,000
66,000
18,000
8,000
Cost Estimating 1----'--------'----+---------l $ 35,090 $ 679,090
r>~···::.'-V -;-·,:·>./:)·','..:Options&Allowances·\.',. ·,.· 'i(~;i- ·::..-.-,'.•, 1,.,,1,..,.,.~ ~~~ ... ~.:.:..~
~--~
Renderings per
$ 3,000 Rendering
Site Survey $ 10,000 ROM
Printing $ 15,000 ROM
A. Payment for services shall be billed monthly based on percentage of completion of the work but shall not exceed percent complete for each milestone deliverable
B. The above fee is based on the aforementioned scope of services.
The actual service may change. If so, Architect shall inform Client prior to performing added services
C. Services provided on a Not To Exceed (NTE) amount shall be billed on an hourly basis.
D. Additional Meetings at the Site will be billed on an hourly basis.
E. Travel outside the Owner of San Diego will be considered a reimbursable expense.
SILLMAN I 7515 Metropolitan Driv e I Suite 400 I San Die go CA 92108 I T: 619.294.7515 I F: 619.294 .7592 July 18, 2023, Item #5
Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023
VI. Miscellaneous Provisions
A. Reimbursable expenses shall be billed to Client at 115% of supplier's gross invoice to Architect · and will include governmental fees, permits, assessments, photography, special presentation materials, long distance telephone charges, title company charges, specialty Consultants (i.e., acoustic engineer, geologist, traffic engineers, etc.), authorized traveling expenses, and all other charges not specifically covered by the terms of this agreement.
B. Our invoices are payable in full on receipt. If Client fails to pay Architect within thirty (30) days after the invoice date, Architect shall have the right to immediately stop all work on the project and suspend performance of his obligations under this Agreement. This is in addition to his other rights and remedies, including his right to terminate this Agreement.
C. A LATE PAYMENT CHARGE will be computed at the rate of 1.5% per month and will be applied to any unpaid balance commencing thirty (30) days after the original invoice. Imposition of the late payment charge shall not imply an agreement to delay collection of a delinquent account, nor shall it affect Architect's other rights and remedies, including his right to terminate this Agreement.
D. Construction Management or supervision is not a part of this contract nor is the participation in bidding or field inspection. The Contractors who will be hired by Client are considered experts in their relative fields and shall notify Client and Architect immediately of any work shown on plans prepared by Architect which cannot be fully complied with or guaranteed prior to the installation of the work. Client agrees to defend, indemnify and hold Architect harmless from any and all liability, real or alleged, that might be occasioned by others performing construction and/or construction management or supervision for project.
E. Architect is not the Construction Manager and does not guarantee the completion date or quality of performance of contracts by the construction manager, contractors, or sub-contractors , or third parties, nor is Architect responsible for their acts or omissions.
F. The fees for the above scope of work are valid for twelve (12) months from the date of this proposal.
20 Of 26 SILLMAN I 7515 'Metropol i tan Drive I Suite 400 I San Diego CA 92108 I T: 619.294.7515 I F: 619.294.7592 July 18, 2023, Item #5
Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023
G. Hourly contracts and additional assignments at Client's request will be billed at our standard hourly rates as follows unless notified in writing thirty (30) days prior to any changes.
VII. Schedule Of Rates
Our standard hourly rates are as follows unless notified in writing thirty (30) days prior to any changes. The schedule of rates will be updated annually.
Principal Architect
Project Architect
Project Manager
Project Designer
Job Captain
Drafter/ CAD I BIM
Administrative
$220/hour
$190/hour
$180/hour
$170/hour
$150/hour
$120/hour
$110/hour
Thank you for this opportunity to collaborate with the City of Poway on the renovation of the Poway Center for the Performing Arts. We look forward to a successful project together.
Sincerely,
Brett Tullis, AIA, LEED®AP
Principal Architect
License No. C-31087
21 Of 26 SILLMAN I 7515 Metropolitan Drive I Suit e 400 I San Diego CA 92108 I T: 619.294.7515 I F: 619 .294.7592 July 18, 2023, Item #5
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Allnotatetl > GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous> Chapter 21 Public Pension anti Retirement Plans> Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with ,respect to the employment unless he or she reinstates from retirement. (e)
22 of 26
(l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with July 18, 2023, Item #5
Cal Gov Code § 7522.56
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
23 of 26
(l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
2 July 18, 2023, Item #5
Cal Gov Code § 7522.56
( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to_ this section for a period of 180 days following the date of retirement and subdivision (t) shall not apply.
(h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214. 5 or 26812 of the Education Code.
(i)This section shall not apply to (I) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2913. Amended Stats 2013 .ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § I (AB 2476), effective January 1, 2015 .
Annotations
Notes
Amendments:
Note--
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (t)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (t)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
3 24 of 26
July 18, 2023, Item #5
ATTACHMENT B
PCPA CIP PROJECT ITEMS
WORK LOCATION WORK ITEM
HVAC 1. - ,.. ·--· -·
First Floor Corridor Fan Coil Units (First Floor)
Fan Coil Units (First Floor)
Second Floor Fan Coil Units (Second Floor)
Office and Lobby Ceiling Variable Air Volume Units
First Floor Mech Room Air Handling Unit 1
Second Floor Mech Rm Air Handling Unit 4
Air Handling Unit 5
Corridor Ceiling Air Handling Unit 7
Rooftop Exhaust Fans (75-450 cfm)
Exhaust Fans (950-1200 cfm)
Exhaust Fans (1775 cfm)
Packaged Terminal Air Conditioner
Air Handling Unit 2
Air Handling Unit 3
Air Handling Unit 6
Mechanical Room Heating Hot Water Pump
Condensing Water Pump
Chilled Water Pump
Facility HVAC Controls
PLUMBING
~
-
Restrooms Water Heater - 2,3,4,5,6,9,10,11 ,12
Men's Restrooms Urinals
Facility Stainless Steel Sinks
Water Heaters (Tank)
Room 129 Water Heaters (Tank)
- - - -ELECTRICAL .. -
Facility 100 amp Distribution Panel
800 amp Distribution Panel
1000 amp Distribution Panels
Second Floor Electrical Room Secondary Transformer (300 kilovolt amps) Electrical Rooms Secondary Transformer (75 kilovolt amps) FLOORING .,
- ~-~ -· .
Facility Vinyl Composition Tile
Carpet
Auditorium Vinyl Sheet
Seating
CEILING - - _o,.,·•-
Facility Acoustic Ceiling Tiles - Lay In Ceiling
Acoustic Ceiling Tiles - Lay In Ceiling (Fiberglass)
ROOFING - " . - - -· -
All levels Roof Replacement
25 of 26 ATTACHMENT B
July 18, 2023, Item #5
ATTACHMENT B
WORK LOCATION WORK ITEM
ADA PROJECTS
l
- ·- - ..
Auditorium (ADA) Aisle Handrails
Front of House (ADA) Stair Handrails (Lobby)
Stair Handrails (Side Staircase)
Stair Handrails (Corridor Stairs)
Ticket Counter Height
Snackbar Counter Height
Bar Counter Height
Men's Restrooms (1st Floor)
Women's Restroom (1st Floor)
Men's Restrooms (Mezzanine)
Women's Restroom (Mezzanine)
Unisex Restroom (Second Floor)
Unisex Restroom (Second Floor)
Elevator Entrance (Lobby)
Elevator Entrance (Second Floor)
Chair Lift (Mezzanine)
Back of House (ADA) Ramp Handrails
Men's Restroom
Women's Restroom
Restroom/Shower (Dressing Room 1)
Restroom/Shower (Dressing Room 2)
Restroom/Shower (Dressing Room 3)
Lavatories (Group Dressing Room)
Site (ADA) Ramp Handrails North Side of Building
Front Loading Zone ADA Signage
Ramp Handrails South Side of Building
Stair Handrails
26 of 26
July 18, 2023, Item #5