December 16, 2025, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
December 16, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Service(g
Cassandra Seaboch, Assistant Engineer
(858) 668-4625 or [email protected]
CITY COUNCIL
Approval of Consultant Agreement Amendment No. 2 with Kitchell CEM, Inc. for the Design of the Community Park Restroom Project; RFP No. 25-001 Kitchell CEM, Inc. ("Kitchell") was selected as the most qualified consultant who provided the best value to the City for the design of the Community Park Restroom. After evaluating alternatives and completing 30% design, it is recommended a masonry structure be constructed at the northeast corner of the bocce ball courts. This Consultant Agreement Amendment No. 2 will provide for completion of the design for the Community Park Restroom project.
Recommended Action:
It is recommended the City Council approve the Consultant Agreement Amendment No. 2 (Attachment A) with Kitchell for design services for the Community Park Restroom project increasing the contract total to $153,570 and authorizing the City Manager to execute the necessary documents.
Discussion:
In January 2022, the Community Parks Needs Assessment was adopted by the City Council identifying and prioritizing future improvements at Community Park. The assessment identified priorities which include better access to amenities throughout the park. The northwest side of Community Park includes the Adventure Playground, the Bocce Courts, Picnic Area 4 Gazebo and other smaller picnic areas. Currently, there is no convenient restroom to the northwest side of Community Park. The City Council budgeted funds to construct a restroom as a part of the FY 2023-24 Capital Improvement Program Budget.
In June 2024, the City issued a Request for Proposal (RFP) for engineering design services to prepare preliminary design and evaluate alternatives for the Community Park Restroom project. The City initially considered two potential options for installing a restroom to meet the City's goals:
1. Conversion of the existing Bocce Ball storage room into a restroom; or
2. Installation of a new _prefabricated restroon:i at the northeast corn~r of the Bocce Ball court. 1 of 32
December 16, 2025, Item #5
The solicitation yielded four proposals. Kitchell submitted a responsive and qualified proposal for the project and was selected to prepare the preliminary engineering, conceptual design and 30% construction documents based on their extensive experience providing similar services. The purpose of awarding Kitchell a contract for preliminary design services (Attachment B) was to explore both restroom options at 30% design and choose which option best suited the City's needs before proceeding with full design of the selected alternative.
The City requested a preliminary design and cost estimate to compare the prefabricated building option with a masonry structure constructed onsite through Contract Amendment No. 1 (Attachment C). The cost estimate reflected a lower cost to construct the restroom onsite when compared to the prefabricated restroom option which would require crane mobilization in an area of the park with constrained access. This largely contributed to higher costs for the prefabricated restroom option.
The conversion option was ruled out due to the current structure not having adequate restroom and storage space. The constructed onsite restroom not only had a lower cost estimate when compared to the prefabricated option, it also presents the opportunity to customize the restroom to match the City's overall park and Community Center aesthetic and offers superior durability. Attachment D shows preliminary renderings of the proposed restroom.
With these aspects in mind, City staff recommends proceeding with construction of a masonry structure onsite. The original contract for preliminary design services for two options at 30% design was $20,830.00. The cost for contract Amendment No. 1, which compared the restroom constructed onsite to the prefabricated option was $15,240.00. Kitchell has presented a proposal to provide the complete plans, specifications and cost estimate for the restroom at a cost of $117,500.00. Upon approval of Amendment No. 2, the revised fee for the design contract will total $153,570.00.
Approval of this Agreement Amendment will provide professional design services for the Community Park Restroom project, including design survey, preparation of a preliminary design technical memorandum and development of construction bid documents. Completion of this design effort will allow the City to proceed with the bid and construction of the new park restroom.
Environmental Review:
The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 (Class 3: New Construction or Conversion of Small Structures). Class 3 exemptions apply to the construction of small facilities and accessory structures, including buildings not exceeding 2,500 square feet in floor area. The proposed project consists of the design and subsequent construction of an approximate 250 square foot restroom building, and an attached 160 square foot covered patio. The project will be served by existing public utilities, and it does not disturb any sensitive environmental resources. Furthermore, Staff has determined that none of the exceptions to the use of categorical exemptions, as outlined in CEQA Guidelines Section 15300.2, will apply to the project.
Fiscal Impact:
There is sufficient funding totaling $1,046,330.00 available in the Community Park Restroom project account (PK025) for the design contract. Project PK025 is funded by the Capital Projects -Park Improvements Fund 4110, which includes $500,000 as a required contribution from an Agreement for Long Term Encroachment of Public Right-of-Way between the City and Pome BESS, LLC for the Pome Battery Energy Storage System Project. The City proactively plans for essential park i"nfrastructure 2 of 32
December 16, 2025, Item #5
repair and enhancement projects as part of the annual budget process.
Public Notification:
None.
Attachments:
A. Amendment No. 2
B. Standard Agreement
C. Amendment No. 1
D. Preliminary Rendering of Community Park Restroom
Reviewed/Approved By:
Assistant City Manager
3 of 32
Reviewed By:
Alan Fenstermacher
City Attorney City Manager
December 16, 2025, Item #5
SECOND AMENDMENT TO STANDARD
AGREEMENT FOR SERVICES
This SECOND AMENDMENT TO AGREEMENT is made and entered into effective this 17th day of December 2025, by and between the CITY OF POWAY, a municipal corporation (the "CITY"), and KITCHELL/CEM, INC., a California corporation, ("CONSULTANT").
RECITALS
1. CITY and CONSULT ANT entered into that certain "STANDARD AGREEMENT FOR SERVICES," dated September 3, 2024, (the "AGREEMENT"), by which CITY and CONSULTANT established the terms and conditions for providing the services of a private consultant to perform design services for the Community Park Restroom Project to CITY.
2. The AGREEMENT has a start date of September 3, 2024, and will expire upon completion of the project.
3. CITY and CONSUL TANT amended the Compensation and Reimbursement section of the AGREEMENT to the not to exceed amount of Thirty-Six-Thousand and Seventy Dollars ($36,070), by signing the First Amendment to Standard Agreement for Services dated April 21, 2025
4. This SECOND AMENDMENT TO THE STANDARD AGREEMENT FOR
SERVICES (the "SECOND AMENDMENT") is necessary to amend the Scope of Services and Compensation and Reimbursement sections of the AGREEMENT.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Section A of EXHIBIT "A" ('SPECIAL PROVISIONS") of the AGREEMENT is amended to read as follows:
A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the scope of services in the original agreement and shall include the design services further described in the Scope of Services submitted with the amended proposal, 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.
Section 2. Section B of EXHIBIT "A" ('SPECIAL PROVISIONS") of the AGREEMENT is amended to read as follows:
4 of 32
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposal submitted with the proposal which is included in this document as Attachment 1. Tot~! fee is not to exceed O1;1e Hundred Fifty-Three Thousand
ATTACHMENT A
December 16, 2025, Item #5
Five Hundred and Seventy Dollars ($153,570). 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.
Section 3. Except as otherwise amended by this SECOND AMENDMENT, all other terms and conditions of the AGREEMENT shall remain in full force and effect.
IN WITNESS WHEREOF, the patties hereto have caused this SECOND AMENDMENT to be executed the day and year first above written.
CITY OF POWAY,
a municipal corporation
By ____________ _
Chris Hazeltine, City Manager
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
Alan Fenstermacher, City Attorney
5 of 32
KITCHELL/CEM, INC.
By ______________ _
Bikramjit Johal, Vice President
2 December 16, 2025, Item #5
B 1 :◄ , ,3 : i 4 ! !
November 7, 2025
Cassie Seaboch
Assistant Engineer
City of Poway
13325 Civic Center Drive
Poway, CA 92064
ATTACHMENT 1
RE: Fee Proposal -Professional Design Services
City of Poway Park Restroom -New Build
Dear Ms. Seaboch,
Revision 2
We want to thank you for the opportunity to submit this fee proposal for Design Services to provide construction documents for the Poway Park Restroom.
Project Understanding
Kitchell understands the city wants to build a ground-up restroom building at Poway Park adjacent to the Boccie ball courts. Based on the previously provided design, Kitchell will develop construction documents for a stand-alone restroom building, which will incorporate design elements from the nearby community center to tie in with the existing architectural vernacular.
Kitchell will provide construction document services and assist the city with obtaining a building permit.
The City of Poway will engage Bidding and CA services under a separate contract.
Scope of Services
The following scope of work will be included in this project:
• Prepare a set of construction documents and specifications at the 50% and 100% level for work to be completed which includes:
o Building design showing new finishes, fixtures, and accessories o New building lighting and power
o New building HVAC and plumbing
o Exterior finishes and roofing
o Site utility services and tie-ins, including: electrical, domestic & sewer water. Fire sprinkler water lines will not be required for the building.
o Tie in new concrete flatwork, grading, and wet utilities (domestic & sewer water) to the new building footprint and connect to existing concrete sidewalks. o Title 24 energy calculations
o Cost Estimating at 100% CD's
o Assist the County with obtaining a building permit.
Kitchell CEM
9905 Mira Mesa Blvd. I Suite 300 I San Diego, California 92131 I Phone 858.947.5144 I www.kitchell.com Page 1 6 of 32
December 16, 2025, Item #5
Clarifications The
scope
of
work
as
described
in
the
Scope
of
Services
section
above
is
further
clarified
as
follows:
•
Kitchell
will
prepare
a
topographic
survey.
•
All
permitting
fees
will
be
paid
by
the
city.
•
Landscaping
work,
including
irr
igation
other
than
as
identified
above
in
the
scope
of
services,
is
excluded.
•
Kitchell
assumes
there
is
an
accessible
path
of
travel
(POT)
to
the
area
of
work
.
•
Energy
goals/audits,
LEED,
or
other
performance
criteria
not
explicitly
identified
are
excluded.
•
CEQA
is
excluded.
•
Bid
review
and
Construction
Administration
is
excluded.
•
Existing
hazardous
material
assessment,
documentation,
reports,
or
abatement
are
ex
cluded.
Schedule 50%
Construction
Documents
will
take
approximately
60 business
days
from
Notice
to
Proceed
(NTP).
Additional
Services
If
additional
work
is
required
beyond
what
is
noted
above,
Kitchell
EAS
will
provide
services
for
these
scope
of
work
items
under
separate
proposals.
Compensation Compensation
for
the
above
scope
shall
be
based
on
a
fixed
fee
in
the
total
amount
of
$11
7,5
00 broken
down
as
follows:
Architectural, Mechanical/Plumbing,
Electrical
Engineering
Structural
Engineering
Civil
Engineering
Topographic
Survey
Sub-Total Reimbursable
Expenses
Total
Basic
Fee
Total
not
to
exceed
fee
for
Project
66,500 11,500 32,500 5,000
$115,500
2,000
$117,500 $153,570
All
of
us
at
Kitchell
are
grateful
for
the
opportunity
to
submit
this
proposal.
Please
do
not
hesitate
to
contact
me
at
any
time
if
you
have
any
questions.
Sincerely, Kevin
Hallock,
AIA,
NCARB,
Assoc.
DBIA
Senior
Architect
Kitchell
CEM
9905
Mira
Mesa
Blvd.
I Suite
300
I San
Diego,
California
92131
I Phone
858
.947.5144
I www.kitchell.com
7 of
32 Page
2 December 16, 2025, Item #5
FEE
SCHEDULE
Re\ls,on
02-11-2025
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Description
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0.00 $2
15 .00
$210.00
$19
5.00 $16
5.00 $19
0.00 $190.00
$125
.00
$150
.00
$95
.00
402
1 Proj
ect
Start
Up
1.1 Kick--off
Meeting
1 1
1 1
1 s
$855
1.2 Pro
ject
Prep
2 2
2 2
1 9
$1
,615
1.4 Pr
oject
Management
4 4
$840
Suf>.Total
7 3
3 3
2 18
$3,310
2 Option
s Design
2. t
Site
Pl
an
2 3
5 $705
2.2 Pl
ans
5 10
15 $2,
07 5
2.3 Details
8 12
20 $2
,820
2.4 QA/QC
2 2
4 $580
2.5 Project
Ma
nage
m
ent
10 6
16 $3,270
Sub•To
ta
l
10 6
17 27
60 $9
,450
3 50
'/,
Construction
Docum
ents
3.1 G
ene
ral Pro
ject
Information
and
Cod
e
Analysis
3 2
2 5
12 $1,8B0
3.2 General
Notes
3 2
2 5
12 $1,
880
3. 3
Site
Pl
an
10 5
5 5
25 $4,175
3.4 Pl
ans
5 10
10 10
35 $5,875
3.5 Details
8 5
5 12
30 $4,720
3.6 Specificatio
ns
12 4
4 3
23 $4,145
3.7 Cales
5 5
10 $1
,900
3.9 QA/QC
4 2
2 4
2 14
$2
,110
3.10 Project
Management
1 8
6 15
$3
,065
Sub
.Total
1 •
18 33
35 35
41 5
176
$29,750
◄
100%
Construction
Docum
ents
4. 1
Sile
Plan
5 2
2 3
12 $1,960
4.2 Plans
6 3
3 5
17 $2,755
◄.3
Details
6 5
5 6
22 $3,640
4.4 Specifications
6 4
3 3
16 $2,785
4.5 Estimating
40 40
S6
,000
◄.6
QA/QC
3 2
2 4
2 13
$1,945
4. 7 Applications
for
Pennit
3 3
$375
4.8 Permit
Re\tslons
3 2
2 4
11 $1,755
4.9 Project
Management
1 8
5 14
$2,870
Sub
-Total
1 8
11 23
18 17
25 ...
5 148
$24,085
5 Construction
5.1 RFI
ReWew
5.2 Submittal
Re-Jew
5.3 Site
Walks
(2)
5.4 Punch
walk
(1)
5.5 Closeout
(Prepare
Record
Drawings)
5.6 Project
Management
Sub-Total
2 33
38 76
56 52
93 40
12 402
66 ,500
$430
$6,930
$7
,410
$12
,540
$10,640
$9,8
80 $11
,625
$6,000
$1,140
66,500
Subconsuhants
Miyamoto
Structural
Engineers
---1-1
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Expenses
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bte
Expen
ses
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8 of
32 December 16, 2025, Item #5
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
3 rd
day
of
September,
2024,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
KITCHELL/GEM,
INC.,(hereinafter
referred
to
as
"Consultant")
.
RECITALS
WHEREAS,
City
desires
to
obtain
the
services
of
a
private
consultant
to
perform
design
services
for
the
Community
Park
Restroom
Project
(Project);
WHEREAS,
Consultant
is
an
engineering
design
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
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.
1 9
of
32 ATTACHMENT
B
December 16, 2025, 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 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. 2 10 of 32
December 16, 2025, 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,
appl
ication,
certificate
, approval,
order,
or
similar
authorization
or
entitlement;
4. Authorize
the
City
to
enter
into
,
mod
ify,
or
renew
a
contract
provided
it is
the
type
of
contract
that
requ
ires
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
capac
ity
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
:
18!
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
decis
ion"
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
.
(~~
• 1.::=J~
'-------L
I
__,
\
--\.
-
Ju~>eopio,
Director
of~~opment
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
ass
ignment
or
subcontracting
in
violat
ion
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
per
iod
and
for
three
3 11
of
32 December 16, 2025, Item #5
(3)
years
from
the
date
of
final
payment
under
this
Agreement,
for
inspection
by
City
and
copies
thereof
shall
be
furnished,
if requested.
12. Independent
Contractor.
At
all
times
during
the
term
of
this
Agreement,
Consultant
shall
be
an
independent
contractor
and
shall
not
be
an
employee
of
the
City
of
Poway.
City
shall
have
the
right
to
control
Consultant
only
insofar
as
the
results
of
Consultant's
services
rendered
pursuant
to
this
Agreement
;
however,
City
shall
not
have
the
right
to
control
the
means
by
which
Consultant
accomplishes
such
services.
13. Licenses,
Permits,
Etc.
Consultant
represents
and
declares
to
City
that
it
has
all
licenses,
permits,
qualifications,
and
approvals
of
whatever
nature
that
are
legally
required
to
practice
its
profession
.
Consultant
represents
and
warrants
to
City
that
Consultant
shall,
at
its
sole
cost
and
expense,
keep
in
effect
at
all
times
during
the
term
of
this
Agreement,
any
license,
permit,
or
approval
which
is
legally
required
for
Consultant to
practice
its
profession
.
14. Consultant's
Insurance.
Consultant
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
15. Indemnification.
(a)
For
Claims
(as
defined
herein)
other
than
those
alleged
to
arise
from
Consultant'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.
4 12
of
32 December 16, 2025, 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
qny
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.
5 13
of
32 December 16, 2025, 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"
entit
led
"Special
Provis
ions"
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
not
ice
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
Super
ior
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
iD
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
compensat
ion
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
Cons
ultant
and
City
relating
to
the
terms
and
conditions
of
the
services
to
be
performed
by
Consultant.
No
agreements,
representations
or
promises
made
by
either
party,
whether
oral
or
in
writing,
shall
be
of
any
force
or
effect
unless
it is
in
writing
and
executed
by
the
party
to
be
bound
thereby.
24. Certification
and
Indemnification
Regarding
Public
Employees'
Retirement
Law/Pension
Reform
Act
of
2013
.
Contractor
hereby
certifies
that
all
persons
providing
services
to
City
by
Contractor
are
not
current
members
of
the
California
Public
Employees
' Retirement
System
(CalPERS)
and
shall
not
become
members
of
Cal
PERS
while
providing
services
to
City
.
6 14
of
32 December 16, 2025, 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)
7 15
of
32 December 16, 2025, Item #5
IN
WITNESS
WHEREOF,
the
parties
hereto
have
duly
executed
this
Agreement
on
the
date
first
above
written
.
CITY
OF
POWAY
KITCHELL/CEM,
INC.
B • 11
J
h
I
Digitally
signed
by
Bill
Johal
I O
a
Dat
,e:
~024.09.04
21 :57:0
2 By
:
-0100
Bikramjit
Johal,
Vice
President
Date
: ---=-
lo_..,.{ _l _t\.=+-I ---''1-0=---Z-1----+----
•
I
Date
: 09/04/2024
ATTEST: APPROVED
AS
TO
FORM:
Ok.~
By:
____________
_
Alan
Fenstermacher
, City
Attorney
8 16
of
32 December 16, 2025, 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
design
services
further
described
in
the
Scope
of
Services
submitted
with
the
proposals,
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, which
are
included
in
this
document
as
Attachment
2. Total
fee
is
not
to
exceed
Twenty-Thousand
Eight-Hundred
and
Thirty
Dollars
($20,830)
. 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
September
3,
2024
("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
17 of
32 December 16, 2025, Item #5
following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) 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:
2 18 of 32
City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
Kitchell/CEM, Inc.
2450 Venture Oaks Way, Suite 500
Sacramento, CA 95833
December 16, 2025, Item #5
Atta
chm
ent
1 7.
~-.\ rict,,i
lcd
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ipliu11 ;Jf i11<
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JS
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i11 tile 'Scop
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0 1
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,c,liun c,rn
tainc<i in
thi
s docwil
clH.
111duJi11g
urn~
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iiel1·1er;
!iilcs
.
SCOPE
OF
WORK
Project
Approach
It is
our
understanding
that
the
City
of
Poway
is
seeking
a qualified
firm
to
provide
design
services
for
the
Community
Park
Restroom
project.
It
is our
understanding
that
the
City
is
looking
to
install
a restroom
on
the
northwest
side
of
Community
Park
and
are
considering
two
options
: 1)
converting
the
exist
ing
bocce
ball
storage
room
into
a restroom
; or
2)
installing
a
new
prefabricated
restroom
at
the
northeast
corner
of
the
bocce
ball
cou
rt. Kitch
ell's
design
approach
emphasizes
continuous
communication
between
the
City
and
our
design
team
. We
believe
in
providing
value
for
every
dollar
the
City
spends
on
design
and
construction
. As
a result,
we
are
continuously
reviewing
design
assumptions,
material
selection,
and
equipment
to
provide
ma
ximum
value.
We
constantly
review
ou
r details
to
ensure
they
are
constructible
. Kitchell
typically
starts
all
our
projects
with
site
surveys
to
ascertain
existing
building
systems.
Our
design
process
is
a team
approach
that
encompasses
the
owner,
users,
peer
reviewers,
agencies,
sub
consultants,
and
the
design
team
.
1. Preliminary
Engineering
and
Conceptual
Phase
We
will
meet
with
the
City
to
ensure
everyone
is
clear
on
the
goals,
communication
protocols
are
established,
work
activities
are
reviewed
and
confirmed,
schedule
milestones
are
reviewed
and
confirmed
and
desired
outcomes
are
established
. We
will
request
and
review
av
ailable
project
do
cumentation,
including
as-built
documents,
utility
information,
survey
information,
and
any
oth
er records
. This
documentation
will
establish
baseline
information
for
planning
our
work
- a
point
of
beginning
.
Once
all
of
the
available
data
from
the
City
has
been
received
and
reviewed,
we
will
facilitate
a project
kick
-off
meeting
and
a
concept-level
design
wo
rkshop
with
Kitchell,
the
City
, and
all
Team
Members.
We
want
to
ensure
that together
we
tailor
the
project
to
efficiently
deliver
those
services
that
provide
the
highest
value
to
you,
while
conforming
to
you
r budget.
After
the
kick-off
meeting
and
concept-level
design
workshop
our
Team
will
complete
a facility
evaluation
on
the
project.
Prior
tq
our
evaluation,
we
will
coordinate
our
arrival
schedule
with
the
City.
During
the
evaluation
, we will
assess
existing
conditions
of
the
project
area
and/or
identify
physical
deficiencies
and
any
unusual
features
.
We
will
evaluate
the
existing
condit
ions
of
the
project
and
provide
recommendations
that
will
fulfill
the
City's
project
goals.
We
will
also
identify
site-specific
special
conditions
that
may
create
conflicts
or
change
orders
during
construction,
as
well
as
identify
how
risks
can
be
mitigated
.
19 of
32 December 16, 2025, Item #5
Our design team will prepare conceptual documents for both options consisting of drawings and renderings illustrating the general scope, scale, and relationship of project components for approval by the City. The design shall include the following: conceptual site and building plans, development of approximate dimensions, areas, and volumes; development of conceptual design solutions for energy sources/conservation, heating, ventilating and air conditioning (HVAC), plumbing, and fire protection; and development of conceptual design solutions or power service and distribution, lighting, communication raceways, security electronics, fire detection and alarms.
The cost estimates at the preliminary engineering and conceptual phase shall reflect the level of design elements presented in the conceptual design documents, plus appropriate design contingencies to encompass the unidentified scope ultimately included in the program. Once we have received approval from the City, we will move into the schematic design documents phase.
2. Schematic Design (30% PSE) Documents Phase
During the schematic design phase, l(itchell will prepare documents consisting of drawings, outline specifications, and other documents illustrating the general scope, scale, and relationship of project components for approval by the City.
Schematic design shall include the following:
Architectural Design: further development of site and building plans, schematic sections and elevations, preliminary selection ofbuilding systems and material, further development.of approximate dimensions, areas and volumes.
Civil/Site Design (as needed): preliminary grading, location of paving for walkways, and fencing locations. Also included are the connections required to service the buildings such as water, drainage, and sanitary systems. ~ Structural Design (as needed): recommendations regarding basic structural material and systems, analysis, and development of conceptual design solutions.
► Mechanical Design: further development of heating, ventilating and air conditioning (HVAC), plumbing, and fire protection.
~ Electrical Design: further development of power service and distribution, lighting, communication raceways, fire detection and alarms.
~ Cost Estimating: costs shall reflect the level of design elements presented in the schematic design documents, plus appropriate design contingencies to encompass unidentified scope ultimately included in the program. Will assist the City with analyzing scope, schedule, and budget options to stay within the construction cost.
3. Project Management
Throughout the design phase our project manager will facilitate conference calls with you1· team to update the City of the project progress, and schedule status. At this time, our project manager will ask any questions or discuss issues encountered. At every meeting with the City, Kitchell will ensure notes are kept and meeting summaries distributed within 48-hour turnaround.
We will coordinate meeting with the City to review the preliminary design submittals. We will utilize a comment and response log of the City's comments during each submittal and re-issue the log in the subsequent submittal.
Every site visit attended by Kitchell will be followed by a site visit report which will be distributed within 48 hours of each meeting and include photo documentation of progress and issues discussed. Our operations manager reviews the master design schedule every two weeks to ensure client deadlines are met. The quality control process that Kitchell has put in place has been designed to catch errors as the design progresses and not during construction which results in delays and added costs.
01 (◄ i £3 : i :J ! !
20 of 32
December 16, 2025, Item #5
N .....
0 ....
w
N
Kitchell Fee Proposal
Hours by Dlsclpline
Klclc-otf Meel!ng
CrQatc ease Drawings
Site Walk
Monthly Progress Conference Coils (Assume 2 meeUngs}
M<!et wl1h City to review concept level designs and renderings Coord inate vtlth AHJ
General Project Information and Code Analysis T
Develop Concep t Level Designs and Renderfngs I
Develop 30% Early Schemo.lic Package I
Cos\ Estimate r
~ 1 : ◄ i ,3 : 1 ~ ! !
2 5
II II
1 II •
4 15 10 10
.. ... ' II
1 1 1
1 1
2 2
2 1
1 3
. .. : ti . .. . ..
1 1
3 3
4 2 2
0 4 24 39 10 0
. , • II
1 1
2 B
2 2
1 .. .. ... ...
21 41 I I
Bl 16 I
4 GI 10 I
I 10 I
8 ..
2 . ..
4 Sub-Total
Project Hours
(By Task)
1l1
• 1'i1
5 12
G
4 2
0 7
..
8 30
32 10
Sub.Total Project
Fee (By Task)
S865
S1,620
S1,110
S770
S385
so
s1.ns
.
Sl.180
$4,350
$4,430
S1,750
I{ E O l / F '., l F O I{ I' H O I' ()<;,\ L ;,! 0 . . / ,; • 0 0 I • CO ,·,I 1\'1 U ; ! I I' Y f' ,\ 11 1: il [ S I i·: r r /JI·,, ~
(')
::r
3 CD
::::i .....
N
December 16, 2025, 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
Annotated>
GOVERNMENT
CODE>
Title
I General>
Division
7 Miscellaneous>
Chapter
21 Public
Pension
and
Retirement
Plans>
Article
4 Califomia
Public
Employees'
Pe11sio11
Reform
Act
of
2013
§ 7522.56.
Provisions
applicable
to
person
receiving
pension benefit
from
public
retirement
system;
Section
supersedes
conflicting
provisions
22 of
32 (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)
(!)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
December 16, 2025, Item #5
23 of
32 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:
(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
ce1tifies
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
ce1tifies
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
I 80
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 December 16, 2025, 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
ofretirement
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
o{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
I,
2013
. Amended
Stats
2013
ch
528
§
II
(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
(I)
"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).
3 24
of
32 December 16, 2025, Item #5
CITY OF POWAY
Amendment No. 1
PROJECT: Community Park Restroom
ACCOUNT NO.
PO NUMBER:
CONSUL TANT:
ADDRESS:
PK025
2250191
Kitche/1/CEM, Inc.
9915 Mira Mesa Blvd. Suite 300, San Diego, CA 92131
This will serve as your Notice to Proceed for Amendment No. 1 for the Community Park Restroom project. The amended scope and basis of payment shall be in accordance with the not-to-exceed fee of $15,240.00 as provided in the enclosed copy of your proposal dated April 9, 2025. The revised total not-to-exceed fee for the project is $36,070.00. This constitutes full and complete compensation for all new work covered by this Amendment No. 1.
RECOMMENDED BY: APPROVED BY:
Cassandra Seaboch April 21, 2025 Consultant's approval is on proposal attached.
PROJECT MANAGER (DATE) CONSUL TANT (DATE)
25 of 32 ATTACHMENT C
December 16, 2025, Item #5
April
9,
2025
Cassie
Seaboch
Assistant
Engineer
City
of
Poway
13325
Civic
Center
Drive
Poway,
CA
92064
RE:
Fee
Proposal
-
Professional
Design
Services
City
of
Poway
Park
Restroom
Dear
Ms.
Seaboch,
We
want
to
thank
you
for
the
opportunity
to
submit
this
fee
proposal
to
provide
preliminary
design
services
for
the
Poway
Park
Restroom
Project.
Project
Understanding
Kitchell
understands
the
City
wants
to
investigate
a
ground-up
option
for
the
restroom
building
at
Poway
Park.
Kitchell
will
develop
an
option
of
the
two-compartment
stand-alone
restroom
building
that
will
incorporate
design
elements
from
the
nearby
community
center
to
tie
in
with
the
existing
architectural
vernacular. Scope
of
Services
The
following
scope
of
work
will
be
included
in
this
project:
•
Prepare
a
preliminary
design
package
for
a
ground
up
restroom
building
option
as
follows:
o
Two
-compartment
toilet
building
with
storage.
o
Incorporate
exterior
fenestration
and
details
to
match
theming
of
the
nearby
community
center
.
o
Provide
a
30%
early
schematic
set
of
drawings
that
will
include
a
site
plan,
floor
plan,
and
interior
and
exterior
elevations.
o
Exterior
renderings
showing
color
and
materials.
o
Provide
an
updated
cost
estimate
for
construction
Clarifications The
scope
of
work
as
described
in
the
Scope
of
Services
section
above
is
further
clarified
as
follows:
•
Existing
field
conditions
will
be
based
on
a
Kitchell's
previous
site
visits
and
information
provided
by
the
City.
•
City
will
provide
confirmation
of
utility
(water,
sewer,
and
electrical)
points
of
connections.
•
Kitchell
assumes
there
is
an
accessible
path
of
travel
from
the
bocci
ball
court
to
the
community
center
Kitchell
CEM
9915
Mira
Mesa
Blvd.
I Suite
300
I San
Diego,
California
92131
I Phone
858.947.5144
I www
.k
itchell.com
Page
1 26
of
32 December 16, 2025, Item #5
parking lot.
Schedule
Design Documents will take approximately 30 business days from Notice to Proceed (NTP).
Additional Services
If additional work is required beyond what is noted above, Kitchell EAS will provide services for these scope of work items under separate proposals.
Compensation
Compensation for the above scope shall be based on a fixed fee in the total amount of $15,240.00 (Attachment A)
All of us at Kitchell are grateful for the opportunity to submit this proposal. Please do not hesitate to contact me at any time if you have any questions.
Sincerely,
Kevin Hallock, AIA, NCARB, Assoc. DBIA
Senior Architect
Kitchell CEM
9915 Mira Mesa Blvd. I Suite 300 I San Diego, California 92131 I Phone 858.947.5144 I www.kitchell.com 27 of 32
December 16, 2025, Item #5
Attachment
A
FEE
SCHEDULE
Reoslon
02-11
-202S
.
~
.
~
5 ~
f
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Total
Hrs
Total
Fee
Task#
Description
S2S0.00
S22S
.OO
S220
.00
S200
.00
5200
.00
$200
.00
S200
.00
S130
.00
S160
.00
S100
.00
1 Preliminary
Design
1.1 General
Project
information
2 4
6 $920
1.2 Develop
Concept
Level
Design
and
Renderings
6 2
2 24
34 SS,120
1.3 Develop
30¾
Early
Schematic
Design
Pack
age
8 4 4
16 4
36 SS,680
1.3 Cost
Estimate
8 8
$1,280
1.5 Meeting
with
Citv
(2)
2 2
4 $660
1.6 Project
Management
1 2
4 7
$1
,580
Sub.Total
1 2
4 18
6 6
0 46
I
4 95
$15,240
1 2
4 18
6 6
0 46
8 4
95 15
,24
0 $250
$450
$880
$3,600
S1
.200
$1,200
so
$5
,980
$1,280
$400
15 ,240
Total
Fe
e
15,240
Ki
tc
hell
CEM
9915
Mira
Mesa
Blvd.
I Suite
300
I San
Diego,
Ca
lifornia
92131
I Phone
858.947.5144
I www.kitchell.com
Page
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