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HomeMy WebLinkAboutCARRIER JOHNSON; 2024-11-14; PSA25-3522CA-71 :9436A.6;25782A0-)A*%#+"" A+(++.A$f-A(l!.A&-+',#$%('(' MASTER AGREEMENT FOR ARCHITECTURE/ BRIDGING SERVICES CARRIER JOHNSON Attachment A PSA25-3522CA THIS AGREEMENT is made and entered into as of the \ 4 day of No\/ , 2024, by and between the City of Carlsbad, California, a municipal corporation, hereinafter referred to as "City", and Carrier Johnson, a California corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of a consultant that is experienced in the architecture and bridging field. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to architecture and bridging. D. Contractor has submitted a proposal to City under Request for Qualifications (RFQ) No. 24-3430CA and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from December 1, 2024, through November 30, 2027. The City Manager may amend the Agreement to extend it for two m additional one (1) year(s) periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within t en (10) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may Page 1 City Attorney Approved Version 5/22/2024 Nov. 12,2024 Item #2 Page 7 of 680 PSA25-3522CA Page 2 City Attorney Approved Version 5/22/2024 be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager (“Director”). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed five hundred thousand dollars ($500,000). Fees will be paid on a project-by-project basis and will be based on Contractor’s Schedule of Rates specified in Exhibit “A”. Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. If the City or CMWD elect to extend the term of the Master Services Agreement, adjustments to the rate schedule may be permitted. Upon receipt of a written request from the Contractor, the City or CMWD may consider approving a rate schedule increase. Rate schedule increases will be considered for each anniversary of the Agreement effective date after the initial three-year term. An increase to the rate schedule will be calculated based on the proceeding 12-month percentage change in the Consumer Price Index, San Diego Area, for All Urban Customers (CPI-U) , as reported by the Bureau of Labor Statistics or 5.0%, whichever is lower. If the CPI-U is a negative number, then the rate schedule will not be adjusted for that year. The Contractor must submit a request and justification to increase the rate schedule at least sixty days prior to the anniversary of the effective date, assuming the City or CMWD opt to extend the Master Services Agreement. The justification accompanying the written request should detail the rationale for the requested adjustment, and the requested adjustment amount, supported by relevant documentation (e.g., CPI-U or 5.0%, whichever is less). Approval of rate schedule increase by the City or CMWD must be documented in an amendment to the Agreement. 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and -71:9436Ā.6;25782Ā0-)Ā*%#+" " Ȁ+(++Ȁ$/'-Ȁ(/!.Ȁ&-+',#$%('(' Nov. 12, 2024 Item #2 Page 8 of 680 PSA25-3522CA Page 3 City Attorney Approved Version 5/22/2024 decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 8. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 9. CONTRACTOR EVALUATIONS Work performed under this Master Services Agreement may be subject to the City’s contractor evaluation program. Prior to the release of any task orders, the Contractor will be notified of the program requirements and will receive a copy of the evaluation criteria and process. The Contractor’s performance may be evaluated and the results will be considered for future task orders or agreements. 10. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor -71:9436Ā.6;25782Ā0-)Ā*%#+" " Ȁ+(++Ȁ$/'-Ȁ(/!.Ȁ&-+',#$%('(' Nov. 12, 2024 Item #2 Page 9 of 680 PSA25-3522CA Page 4 City Attorney Approved Version 5/22/2024 of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 11. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 12. INDEMNIFICATION Contractor is a design-professional and agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 13. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”;OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 13.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. -71:9436Ā.6;25782Ā0-)Ā*%#+" " Ȁ+(++Ȁ$/'-Ȁ(/!.Ȁ&-+',#$%('(' Nov. 12, 2024 Item #2 Page 10 of 680 PSA25-3522CA Page 5 City Attorney Approved Version 5/22/2024 13.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 13.1.2 Automobile Liability. (If the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 13.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 13.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 13.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 13.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 13.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 13.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City.” 13.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 13.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 13.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 13.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. -71:9436Ā.6;25782Ā0-)Ā*%#+" " Ȁ+(++Ȁ$/'-Ȁ(/!.Ȁ&-+',#$%('(' Nov. 12, 2024 Item #2 Page 11 of 680 PSA25-3522CA Page 6 City Attorney Approved Version 5/22/2024 14. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 15. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 16. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 17. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 18. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Eleida Felix Yackel Name Title Senior Contract Administrator Title Dept Public Works Address CITY OF CARLSBAD Address 1635 Faraday Avenue Phone Carlsbad, CA 92008 Email Phone 442-339-2767 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. <ĂƚĞĞŚĂƌĚ͕^ĞŶŝŽƌƐƐŽĐŝĂƚĞ WƌŽũĞĐƚDĂŶĂŐĞƌ ϭϴϱt͘&^ƚƌĞĞƚ͕^ƵŝƚĞϱϬϬ ^ĂŶŝĞŐŽ͕͕ϵϮϭϬϭ ϲϭϵͲϲϴϳͲϮϰϯϲŵ͗ϵϬϳͲϯϬϭͲϲϳϴϳ ŬĂĐΛĐĂƌƌŝĞƌũŽŚŶƐŽŶ͘ĐŽŵ -71:9436Ā.6;25782Ā0-)Ā*%#+" " Ȁ+(++Ȁ$/'-Ȁ(/!.Ȁ&-+',#$%('(' Nov. 12, 2024 Item #2 Page 12 of 680 PSA25-3522CA Page 7 City Attorney Approved Version 5/22/2024 Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 20. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 21. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 22. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. Where City Manager does not direct a solution to the problem, mediation is optional if a dispute remains. 23. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City at the address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering ______________ (___) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 24. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has -71:9436Ā.6;25782Ā0-)Ā*%#+" " Ȁ+(++Ȁ$/'-Ȁ(/!.Ȁ&-+',#$%('('    Nov. 12, 2024 Item #2 Page 13 of 680 PSA25-3522CA Page 8 City Attorney Approved Version 5/22/2024 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 this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 25. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 26. JURISDICTIONS AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 27. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 28. THIRD-PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 29. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. 30. PUBLIC AGENCY CLAUSE Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its governing body, shall have the option to participate in this contract at the same prices, terms, and -71:9436Ā.6;25782Ā0-)Ā*%#+" " Ȁ+(++Ȁ$/'-Ȁ(/!.Ȁ&-+',#$%('(' Nov. 12, 2024 Item #2 Page 14 of 680 PSA25-3522CA Page 9 City Attorney Approved Version 5/22/2024 conditions. If another public agency chooses to participate, the term shall be for the term of this contract, and shall be contingent upon Contractor's acceptance. Participating public agencies shall be solely responsible for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible, for any obligations, including but not limited to financial responsibility, in connection with participation by another public agency. 31. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this___________ day of _______________________, 2024. -71:9436Ā.6;25782Ā0-)Ā*%#+" " Ȁ+(++Ȁ$/'-Ȁ(/!.Ȁ&-+',#$%('('    Nov. 12, 2024 Item #2 Page 15 of 680 -71 :9436A.6;25782A0-JA•%#+"" A+(++A$t-A(l!.A&-+',#$%('(' PSA25-3522CA CONTRACTOR CITY OF CARLSBAD, a municipal corporation of Carrier Johnson, a California corporation By: (sign here) :•State of~ ~e,th lackburn, Mayor Ray Varela President (print name/title) ATTEST: SHERRY FREISINGER, City Clerk (sign here) By: Jackie Angel Secretary Deputy City Clerk (print name/title) Proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the co rporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney -'iiu. !h.mY,. BY: ___________ _ Assistant City Attorney Page 10 City Attorney Approved Version 5/22/2024 Nov. 12,2024 Item #2 Page 16 of 680 PSA25-3522CA Page 11 City Attorney Approved Version 5/22/2024 EXHIBIT A SCOPE OF SERVICES AND FEES Perform a variety of architecture and bridging tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A. Bridging Document Development. B.Complete Design Services. C. Conceptual Design. D. Design Administration Services (RFI, ASI, Review). E.Space Programming. Requests for work not listed above must be contracted under separate agreement. -71:9436Ā.6;25782Ā0-)Ā*%#+" " Ȁ+(++Ȁ$/'-Ȁ(/!.Ȁ&-+',#$%('(' Nov. 12, 2024 Item #2 Page 17 of 680 418.00 360.00 285.00 254.00 241.00 222.00 170.00 148.00 127.00 117.00 10 10 95.00 275.00 320.00 335.00 -71:9436Ā.6;25782Ā0-)Ā*%#+" " Ȁ+(++Ȁ$/'-Ȁ(/!.Ȁ&-+',#$%('(' Nov. 12, 2024 Item #2 Page 18 of 680 HOURLY PROFESSIONAL MEP ENGINEERING SERVICES Principal ____________________________ $250.00 Associate ___________________________ $220.00 Project Manager _____________________ $200.00 Project Engineer ______________________ $160.00 Senior Designer ______________________ $135.00 Designer ____________________________ $110.00 CAD Operator ________________________ $85.00 Administrative _______________________ $75.00 Principals Michael Akavan, PE, LEED AP Roy Campbell, PE, LEED AP Jerry Coult, CPD, LEED AP Daniel Grammier, PE, LEED AP Brian Hahnlen Richard Hernandez, CPD, LEED AP Eric Leftwich, PE Vincent Luna, PE Tom Lunneberg, PE, LEED AP BD+C, CxA David Noji, LEED AP Shahab Salehi, PE, LEED AP Dwayne Sattler, CPD Harold Stueven, PE Benny Sy, PE, CPD Ray Thompson Vincent Vegas, PE, CPD, LEED AP -71:9436Ā.6;25782Ā0-)Ā*%#+" " Ȁ+(++Ȁ$/'-Ȁ(/!.Ȁ&-+',#$%('(' Nov. 12, 2024 Item #2 Page 19 of 680 SCHEDULE OF EXPENSES - DCI ENGINEERS PROFESSIONAL SERVICES February 2024 Clerical and Administrative 1000 $80/hr Project Manager 3100 $120/hr Clerical and Administrative 1010 $100/hr Project Manager 3110 $140/hr Clerical and Administrative 1020 $120/hr Project Manager 3120 $160/hr Project Manager 3130 $180/hr Technical Designer 2000 $80/hr Project Manager 3140 $200/hr Technical Designer 2010 $90/hr Project Manager 3150 $220/hr Technical Designer 2020 $100/hr Project Manager 3160 $240/hr Technical Designer 2030 $120/hr Project Manager 3170 $260/hr Technical Designer 2040 $140/hr Senior Project Manager 3200 $140/hr Senior Technical Designer 2100 $100/hr Senior Project Manager 3210 $160/hr Senior Technical Designer 2110 $120/hr Senior Project Manager 3220 $180/hr Senior Technical Designer 2120 $140/hr Senior Project Manager 3230 $200/hr Senior Technical Designer 2130 $160/hr Senior Project Manager 3240 $220/hr Senior Technical Designer 2140 $180/hr Senior Project Manager 3250 $240/hr Senior Technical Designer 2150 $200/hr Senior Project Manager 3260 $260/hr Senior Project Manager 3270 $280/hr Project Designer 2200 $80/hr Project Designer 2210 $100/hr Associate 4000 $160/hr Project Designer 2220 $120/hr Associate 4010 $180/hr Project Designer 2230 $140/hr Associate 4020 $200/hr Project Designer 2240 $160/hr Associate 4030 $220/hr Project Designer 2250 $180/hr Associate 4040 $240/hr Project Designer 2260 $200/hr Associate 4050 $260/hr Associate 4060 $280/hr Project Engineer 3000 $100/hr Project Engineer 3010 $120/hr Associate Principal 4100 $180/hr Project Engineer 3020 $140/hr Associate Principal 4110 $200/hr Project Engineer 3030 $160/hr Associate Principal 4120 $220/hr Project Engineer 3040 $180/hr Associate Principal 4130 $240/hr Project Engineer 3050 $200/hr Associate Principal 4140 $260/hr Associate Principal 4150 $280/hr Senior Project Engineer 3300 $120/hr Associate Principal 4160 $300/hr Senior Project Engineer 3310 $140/hr Senior Project Engineer 3320 $160/hr Principal Engineer 4200 $200/hr Senior Project Engineer 3330 $180/hr Principal Engineer 4210 $220/hr Senior Project Engineer 3340 $200/hr Principal Engineer 4220 $250/hr Senior Project Engineer 3350 $220/hr Principal Engineer 4230 $300/hr Principal Engineer 4240 $350/hr Principal Engineer 4250 $400/hr Principal Engineer 4260 $500/hr Principal Engineer 4270 $600/hr REIMBURSABLE SERVICES Out of Office Services/Expenses $1.10x Direct Cost Mileage Reimbursement IRS Standard Mileage Rate This Schedule of Expenses is subject to adjustment in accordance with DCI’s normal review practices. For billing purposes, DCI will use the Schedule of Expenses in effect at the time of service. -71:9436Ā.6;25782Ā0-)Ā*%#+" " Ȁ+(++Ȁ$/'-Ȁ(/!.Ȁ&-+',#$%('(' Nov. 12, 2024 Item #2 Page 20 of 680 ,KhZ>zZd^,h> ŝƚLJŽĨĂƌůƐďĂĚʹ WƵďůŝĐtŽƌŬƐʹ D^ĨŽƌŽŶƐƵůƚĂŶƚƐ <W&&^ĂŶŝĞŐŽ WƌŽũĞĐƚEŽ͘ϮϰϬϬϮϱϴ ϮϬϮϰ WZ/E/W>Ͳ/EͲ,Z'͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘ ΨϮϵϬ ^E/KZWZK:dDE'Z͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘ ΨϮϯϱ WZK:dDE'Z͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘ ΨϮϭϱ WZK:dE'/EZ͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘ ΨϭϴϬ ^/'EE'/EZ ͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘ Ψϭϲϱ >DK>Z͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘ ΨϭϵϬ DK>Z͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͘͘͘ Ψϭϲϱ D/E/^dZd/s ^hWWKZd͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘ ΨϭϭϬ EŽƚĞ͗,ŽƵƌůLJƌĂƚĞƐǁŝůůďĞƵƉĚĂƚĞĚŽŶĂŶĂŶŶƵĂůďĂƐŝƐƚŚƌŽƵŐŚŽƵƚƚŚĞĚƵƌĂƚŝŽŶŽĨƚŚĞƉƌŽũĞĐƚĂŶĚƐĞƌǀŝĐĞƐ ǁŝůůďĞďŝůůĞĚĂƚƚŚĞŚŽƵƌůLJƌĂƚĞƐŝŶƉůĂĐĞĂƚƚŚĞƚŝŵĞƚŚĞƐĞƌǀŝĐĞŝƐƉƌŽǀŝĚĞĚ͕ǁŝƚŚůŝĞŶƚĂƉƉƌŽǀĂů͘ -71:9436Ā.6;25782Ā0-)Ā*%#+" " Ȁ+(++Ȁ$/'-Ȁ(/!.Ȁ&-+',#$%('(' Nov. 12, 2024 Item #2 Page 21 of 680 HOURLY TIME AND MATERIALS FEE SCHEDULE January 2024 Fees will be charged for technical work, consultation, and additional services. Charges will be made for typing, as in the preparation of reports, and for time and costs of printing. No direct charges will be made for normal secretarial service, office management, or general accounting; these items are included in overhead. HOURLY RATES Principal Landscape Architect/President ...........................................................................................................................$300/hour Principal Landscape Architect/Partner ...............................................................................................................................$250/hour Principal/Studio Director ........................................................................................................................................................$200/hour Associate Landscape Architect ..............................................................................................................................................$175/hour Senior Project Manager/Licensed Landscape Architect/Certified Arborist ..............................................................$155/hour Project Manager .........................................................................................................................................................................$140/hour Senior Landscape Designer .....................................................................................................................................................$125/hour Landscape Designer ...................................................................................................................................................................$110/hour Clerical/Typist ...............................................................................................................................................................................$85/hour REIMBURSABLE EXPENSES Reimbursable expenses such as reproduction printing, delivery service, soils testing, permits, parking, project specific supplies, etc., will be marked up by 10%. In-house plotting will be charged per square-foot at the following rates: bond $2.00 per square-foot, vellum $3.00 per square-foot, mylar $4.00 per square-foot, and color $5.00 per square-foot. In-house color laser prints will be charged at $.50 for letter size, $.75 for legal size, and $1.00 for ledger size. SUB-CONSULTANTS Expenses for consultants employed by Schmidt Design Group, Inc. will be marked up by 10%. MILEAGE Mileage in the interest of the client will be charged at the current U.S. General Services Administration Privately Owned Vehicle Mileage Reimbursement Rates. TRAVEL Time spent in travel in the interest of the client will be charged at hourly rates. A minimum of one hour will be charged for any site visit. No more than eight (8) hours of travel time will be charged in any one day. Subsistence will be charged when it is necessary for personnel to be away from the office overnight. Rates may be adjusted annually. 1310 Rosecrans St., Suite G San Diego, CA 92106 T 619.236.1462 | F 619.236.8792 LIC. CA 2138 | NV 219 | AZ 34139 SCHMIDTDESIGN.COM -71:9436Ā.6;25782Ā0-)Ā*%#+" " Ȁ+(++Ȁ$/'-Ȁ(/!.Ȁ&-+',#$%('(' Nov. 12, 2024 Item #2 Page 22 of 680     >ĂƚŝƚƵĚĞϯϯWůĂŶŶŝŶŐΘŶŐŝŶĞĞƌŝŶŐ/ZηϭϬϬϬϬϭϵϭϱϯ  E'/EZ/E'^Zs/^ WƌŝŶĐŝƉĂůΨϮϯϬ WƌŽũĞĐƚDĂŶĂŐĞƌΨϭϵϱ ^ƌ͘WƌŽũĞĐƚŶŐŝŶĞĞƌΨϭϴϱ ^ƌ͘ĞƐŝŐŶŶŐŝŶĞĞƌΨϭϳϱ ĞƐŝŐŶŶŐŝŶĞĞƌΨϭϰϬ  hƐĞŽĨĐŽŵƉƵƚĞƌĂŝĚĞĚĚĞƐŝŐŶǁŽƌŬƐƚĂƚŝŽŶƐŝŶŝŶĐůƵĚĞĚŝŶƚŚĞŚŽƵƌůLJƌĂƚĞƐŽĨƐĞƌǀŝĐĞƐ͘  Khd>/EK&Z/DhZ^>yWE^^ ŝƌĞĐƚĞdžƉĞŶƐĞƐƉĂŝĚďLJĐŽŶƐƵůƚĂŶƚĨŽƌďůƵĞƉƌŝŶƚŝŶŐ͕ŵLJůĂƌƌĞƉƌŽĚƵĐƚŝŽŶ͕ƉŚŽƚŽĐŽƉLJŝŶŐ͕ŵŝůĞĂŐĞĞdžƉĞŶƐĞΎ͕ĚĞůŝǀĞƌLJ ƐĞƌǀŝĐĞƐ͕ůŽŶŐĚŝƐƚĂŶĐĞƚĞůĞƉŚŽŶĞĐŚĂƌŐĞƐ͕ĐŽŵƉƵƚĞƌŝnjĞĚƉůŽƚƚŝŶŐ͕ƐƉĞĐŝĂůŐƌĂƉŚŝĐŵĂƚĞƌŝĂůƐ͕ĂŶĚŽƚŚĞƌĚŝƌĞĐƚƉƌŽũĞĐƚ ĐŚĂƌŐĞƐƉƌŽǀŝĚĞĚŽŶďĞŚĂůĨŽĨƚŚĞĐůŝĞŶƚǁŝůůďĞĐŚĂƌŐĞĚĂƚĐŽŶƐƵůƚĂŶƚΖƐĐŽƐƚͲƉůƵƐϭϬƉĞƌĐĞŶƚ͘  Ύ/ƚŝƐƵŶĚĞƌƐƚŽŽĚƉĞƌƚŚĞZ&WƚŚĂƚŵŝůĞĂŐĞƌĂƚĞƐǁŝůůďĞƐĞƚĂŶŶƵĂůůLJŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞƌĂƚĞƐĞƚďLJƚŚĞ/Z^͘   -71:9436Ā.6;25782Ā0-)Ā*%#+" " Ȁ+(++Ȁ$/'-Ȁ(/!.Ȁ&-+',#$%('(' Nov. 12, 2024 Item #2 Page 23 of 680 Fee Schedule - 2024 TITLE HOURLY RATE DIRECTOR LEVEL SERVICES:Director $270 MANAGEMENT:Cost Estimating Manager $197 SENIOR PROFESSIONAL:Senior Cost Estimator $187 PROFESSIONAL: Cost Estimator II Cost Estimator I Economist Senior Risk Analyst $172 $162 $200 $187 Rates are valid through 31 December 2024. PROFESSIONAL RATES -71:9436Ā.6;25782Ā0-)Ā*%#+" " Ȁ+(++Ȁ$/'-Ȁ(/!.Ȁ&-+',#$%('(' Nov. 12, 2024 Item #2 Page 24 of 680 COFFMAN ENGINEERS | City of Carlsbad MSA 2024 8 Yc]+c-71:9436Ā.6;25782Ā0-)Ā*%#+" " Ȁ+(++Ȁ$/'-Ȁ(/!.Ȁ&-+',#$%('(' Nov. 12, 2024 Item #2 Page 25 of 680