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2015-09-22; City Council; 22088; Agreement Page & Turnbull, Leo Carrillo Ranch Stables Restroom Construction
CITY OF CARLSBAD - AGENDA BILL AB# 22,088 ADOPT RESOLUTION APPROVING AGREEMENT FOR PROFESSIONAL ARCHITECTURAL DESIGN SERVICES WITH PAGE & TURNBULL, INC. ON THE LEG CARRILLO RANCH HISTORIC PARK STABLES RESTORATION AND NEW RESTROOM CONSTRUCTION PROJECT IN A NOT TO EXCEED AMOUNT OF $148,100 DEPT. DIRECTOR ^fe^ MTG. 09/22/2015 ADOPT RESOLUTION APPROVING AGREEMENT FOR PROFESSIONAL ARCHITECTURAL DESIGN SERVICES WITH PAGE & TURNBULL, INC. ON THE LEG CARRILLO RANCH HISTORIC PARK STABLES RESTORATION AND NEW RESTROOM CONSTRUCTION PROJECT IN A NOT TO EXCEED AMOUNT OF $148,100 CITY ATTY. DEPT p&R ADOPT RESOLUTION APPROVING AGREEMENT FOR PROFESSIONAL ARCHITECTURAL DESIGN SERVICES WITH PAGE & TURNBULL, INC. ON THE LEG CARRILLO RANCH HISTORIC PARK STABLES RESTORATION AND NEW RESTROOM CONSTRUCTION PROJECT IN A NOT TO EXCEED AMOUNT OF $148,100 CITY MGR. /^^!f\ RECOMMENDED ACTION: Adopt Resolution No. 2015-239 approving an agreement with Page & Turnbull, Inc. for professional architectural design services on the Leo Carrillo Ranch Historic Park Stables Restoration and New Restroom Construction Project - in a not to exceed amount of $148,100. (Exhibit 1). ITEM EXPLANATION: In Dec. 2013, the City Council formally accepted the parks & recreation department's needs assessment and comprehensive action plan (needs assessment). One of the needs assessment's short term action items was to update master plans for certain facilities to ensure the proposed amenities were consistent with the community vision identified. Thus, the first step prior to implementing Phase 3 of master plan for the Leo Carrillo Ranch Historic Park was to revisit that 1998 plan to ensure the proposed amenities would serve the current needs ofthe community. On April 16, 2014, the city entered into a professional services agreement with KTU+A to prepare the Leo Carrillo Ranch Historic Park Phase 3 project prioritization and cost estimate update. KTU+A had a history of similar work projects and successful deliverables, including the development ofthe original masterplan forthe Leo Carrillo Ranch Historic Park. As part ofthis process, the city held a community workshop on July 23, 2014, during which attendees were asked to consider how the remaining projects should be prioritized. The prioritization and cost estimate update was completed in Feb. 2015. No new park features were identified with the update. However, a prioritization of Phase 3 pending projects was created, including assigning restoration ofthe stables and construction ofa new restroom to the top ofthe list. The work associated with the restoration of the stables includes installation of new concrete flooring, repair of existing clay tile flooring, repair of worn wood features, installation of interior lighting and a security system, drainage improvements, and replacement of the 20 year old wood shingle roof. No livestock will be permanently boarded at the park as a result ofthe stables restoration. The work associated with the construction ofthe new restroom includes standard brick and mortar type assembly, with the interior amenities/finishes being consistent to those in the park's other restrooms. The exterior facade of the restroom will replicate the chicken coop which formerly existed at the site. The chicken coop facade will be designed from photographic archives and other historical data. The parks & recreation department's submittal in the FY 2015-16 CIP budget for the Leo Carrillo Ranch Historic Park, Phase 3 development, included hiring a consultant architectural design firm that specializes in historical projects, for the restoration ofthe stables and construction ofthe new restrooms. DEPARTMENT CONTACT: Liz Ketabian 760-434-2978, Liz.Ketabian@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • Page 2 On July 7, 2015, the city issued a Request for Qualifications (RFQ) and Price Proposal (proposal) to provide Professional Architectural Design Services on the project. The city required that the interested design firms demonstrate expertise and past experience with architectural and cultural landscapes and properties that are listed on the National Registrar of Historic places, as well as experience in preparing plans and specifications for wood and adobe structures of similar nature to those found at the Leo Carrillo Ranch Historic Park. On Aug. 6, 2015, staff received six submittals to the RFQ and proposal. The submittals were reviewed by five staff from the parks & recreation and property & environmental management departments, using a best value evaluation method. Specifically, the following criteria and weighted rating was used in the evaluation of the submittals: Best Value Evaluation Criteria Maximum Rating Qualifications of the Design Firm/Team 125 Cost of Services 125 Project Work Plan 100 Similar Project Type Experience 100 Thoroughness and Quality ofthe Qualifications Statement 25 Unspecified Value-added offerings 25 Total Points 500 The two firms which had the highest evaluated submittals to the RFQ and proposal were Page and Turnbull, Inc., and Jeff Katz Architecture, with composite scores of 418 and 412, respectively. Staff from these two firms were invited to interview with city staff in late August. As a result of both the best value evaluation and the interview process. Page and Turnbull, Inc. was determined to be the most suitable firm for the professional architectural design services. The proposal for Page and Turnbull, Inc. was $148,100 - the second lowest ofthe proposals received. Staff found this cost to be within the market expectations for specialized historical restoration and construction design expertise, such as required at the Leo Carrillo Ranch Historic Park. Accordingly, an agreement for professional architectural design services with Page and Turnbull, Inc. has been drafted in an amount "not to exceed" $148,100. Staff recommends City Council authorize the Mayor to execute said agreement with Page & Turnbull, Inc. (Exhibit 2). FISCAL IMPACT: Implementation of Phase 3 ofthe Leo Carrillo Ranch Historic Park Master Plan will be funded through Public Facility Fees and Park in Lieu Fees. The FY 2015-16 Capital Improvement Program (CIP) budget includes $200,000 in professional architectural design services expenditures on the stables restoration and new restroom construction - CIP Project No. 46021. Thus, there are sufficient funds available for this agreement. ENVIRONMENTAL IMPACT: On Jan. 13,1998, the City Council approved the master plan for the Leo Carrillo Ranch Historic Park, which outlined a three-phase development plan forthe park. Subsequently, on Dec. 15, 1999, the Planning Commission approved a Conditional Use Permit (CUP 99-22) and adopted a mitigated negative declaration (MND) and a Mitigation Monitoring and Reporting Program (MMRP) forthe park. The subject project is within the scope of the prior environmental documents for the park and no further environmental documentation is required per CEQA Guidelines Section 15162. However, all applicable mitigation measures contained in the prior environmental documents will be incorporated into the new construction documents. Pages EXHIBITS: 1. Resolution No. 2015-239 approving an agreement with Page & Turnbull, Inc. for professional architectural design services for the Leo Carrillo Ranch Historic Park Stables Restoration and New Restroom Construction Project in a not to exceed amount of $148,100. 2. Agreement with Page & Turnbull, Inc. for Professional Architectural Design Services on the Leo Carrillo Ranch Historic Park Stables Restoration and New Restroom Construction Project. 3 EXHIBIT 1 1 RESOLUTION NO. 2015-239 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH PAGE & TURNBULL, INC. FOR PROFESSIONAL ARCHITECTURAL DESIGN SERVICES ON 4 THE LEO CARRILLO RANCH HISTORIC PARK STABLES RESTORATION AND NEW RESTROOM CONSTRUCTION PROJECT IN A NOT TO 5 EXCEED AMOUNT OF $148,100 6 y WHEREAS, in Dec. 2013, the City Council formally accepted the parks & recreation department's g needs assessment and comprehensive action plan (needs assessment); and 9 WHEREAS, one of the needs assessment's short term action items was to update master plans 10 for certain facilities to ensure the proposed amenities were consistent with the community vision 11 identified; and ^2 WHEREAS, the Leo Carrillo Ranch Historic Park project prioritization and cost estimate update was completed in Feb. 2015, and included assigning restoration of the stables and construction ofthe new restrooms to the top of the list; and WHEREAS, the work associated with the restoration of the stables includes installation of new concrete flooring, repair of existing clay tile flooring, repair of worn wood features, installation of interior lighting and a security system, drainage improvements, and replacement of the 20 year old wood shingle roof; and WHEREAS, the work associated with the construction of the new restroom includes standard 13 14 15 16 17 18 19 20 22 brick and mortar type assembly, with the interior amenities/finishes being consistent to those in the 22 park's other restrooms. The exterior facade of the restroom wiil replicate the chicken coop which 23 formerly existed at the site. The chicken coop facade will be designed from photographic archives and 24 other historical data; and 25 26 27 28 ^ 5 6 7 8 9 10 11 12 1 WHEREAS, the parks & recreation department's submittal in the FY 2015-16 CIP budget for the 2 Leo Carrillo Ranch Historic Park, Phase 3 development, included hiring a consultant architectural design 3 firm for the restoration of the stables and construction of the new restrooms; and WHEREAS, On July 7, 2015, the city issued a Request for Qualifications (RFQ) and Price Proposal (proposal) to provide Professional Architectural Design Services on the project; and WHEREAS, the city required that the interested design firms demonstrate expertise and past experience with architectural and cultural landscapes and properties that are listed on the National Registrar of Historic places, as well as experience in preparing plans and specifications for wood and adobe structures of similar nature to those at the Leo Carrillo Ranch Historic Park; and WHEREAS, on Aug. 6, 2015, staff received six submittals to the RFQ and proposal for the professional architectural design services on this project. The submittals were reviewed by five parks & ^2 recreation and property & environmental department staff, using the best value evaluation method; and j4 WHEREAS, the two firms which had the highest evaluated submittals were Page and Turnbull, 15 Inc., and Jeff Katz Architecture, with composite numeric ratings of 418 and 412, respectively; and 16 WHEREAS, staff from these two firms were invited to interview with city staff in late August; and 17 WHEREAS, Page and Turnbull was determined to be the most suitable firm for the professional 1 o architectural design services, and WHEREAS, the proposal for Page and Turnbull, Inc. was $148,100, that being the second lowest of the proposals received. Staff found this cost to be within the market expectations for specialized historical restoration and construction design expertise, such as required at the Leo Carrillo Ranch Historic Park; and WHEREAS, an agreement for professional architectural design services with Page and Turnbull, Jnc. has been drafted in an amount "not to exceed" $148,100; and WHEREAS, the City Council hereby finds it necessary, desirable, and in the public interest to 28 6 1 2 3 4 5 6 7 8 9 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Carlsbad, California, that: 1. The above recitations are true, correct, and incorporated herein. 2. The agreement for professional architectural design services between the city and Page & Turnbull, Inc. is hereby approved and the Mayor is authorized to execute said agreement on behalf of the City of Carlsbad. 3. There are sufficient funds available in the Fiscal Year 2015-16 Capital Improvement Program budget in the Public Facilities Fund and the Park-in-lieu Fund for this agreement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 22"^* day of September 2015, by the following vote to wit: AYES: NOES: ABSENT: Council Members Hall, Blackburn, Schumacher, Wood, Packard. ATTEST: BARBARA ENGLESON, Qjty Clerk (SEAL) .so5?\:S,^^.^o% EXHIBIT 2 AGREEMENT FOR ARCHITECTURAL SERVICES FOR THE LEO CARRILLO RANCH HISTORIC PARK STABLE RESTORATION AND NEW RESTROOM CONSTRUCTION PROJECTS PAGE & TURNBULL, INC, _THIS AGREEMENT is made and entered into as of the day of ^^\0\evv\U?rJ(Z . 20 K, by and between the CITY OF CARLSBAD, a municipal corp'oratidn, ("City"), and PAGE & TURNBULL, INC., a corporation, ("Contractor"). RECITALS A. City requires the professional services of an architectural firm that is experienced in preparing plans and specifications for preservation and reconstruction of historical structures. B. Contractor has the necessary experience in providing professional services and advice related to preservation and reconstruction of historical structures In accordance with the Secretaty ofthe Interior's Standards forthe Treatment of Historic Properties and the State Historic Building Code. C. Contractor has the necessaty experience with historic preservation construction and advice pertaining to preservation of materials and methods and providing associated construction administration in accordance with the Secretaty of the Interior's Standards for the Treatment of Historic Properties. D. Contractor has submitted a proposal to City 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. 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 two (2) years from the date first above written. 4. TIME IS OF THE ESSENCE Time is of the essence for each and evety provision of this Agreement. 5 COMPENSATION The total fee payable forthe Services to be performed during the Initial Agreement term shall not exceed one hundred thousand forty-eight thousand one hundred dollars ($148,100). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified In Exhibit "A". REV. 09/09/2015 S Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. 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 necessaty. 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. 7. 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 of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind evety subcontractor and evety subcontractor of a subcontractor by the terms ofthis Agreement applicable to Contractor's work unless specifically noted to the contraty in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, 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 negligence, recklessness, or willful misconduct 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. 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 ofthis section, and that this section will survive the expiration or early termination ofthis Agreement. 10. 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 City Attorney Approved Version 4/1/15 9 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-:VM"; 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. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the 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 ofthe 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. 10.1.1 Commercial General Liabilitv Insurance. $2,000,000 combined single-limit per occurrence for bodily injuty, personal injuty and property damage. Ifthe submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability, (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injuty and property damage. 10.1.3 Workers' Compensation and Emplover'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. 10.1.4 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. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 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. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. City Attorney Approved Version 4/1/15 10 10.4 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 orderto 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. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. 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-tlme. 12. 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 three (3) years from the date of final payment underthis Agreement. 13. 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. 14. 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. 15. 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. For City For Contractor Name Liz Ketabian Name John Lesak Title Park Planning Manager Title Princlpal-ln-Charge Department Parks & Recreation Address 417 8. Hill Street, Suite 211 City of Carlsbad LosAngeles, CA 90013 Address 799 Pine Avenue, Suite 200 Phone No. 213-221-1200 Carlsbad, CA 92008 Email lesak@page-turnbull.com Phone No. 760-434-2978 City Attorney Approved Version 4/1/15 Each party will notify the other immediately of any changes of address that would require any notice or delivety to be directed to another address. 16, CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17, 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. 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. 18, DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19, 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. Ifthe resolution thus obtained is unsatisfactoty 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. 20, 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 mall 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 address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and ofthe 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 ofthe Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and City Attorney Approved Version 4/1/15 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 underthis Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21, 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 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 ofthis 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. 22, CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part ofthe 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. 23, JURISDICTION AND VENUE 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. 24, 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. 25, 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. City Attorney Approved Version 4/1/15 /3 26. 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. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) (print name/title) By: z: (sign here) ' (print name/title) / [IMSERT TITLE OF PERSON AUTHORIZED TO SIGN (City Manager or Mayor or Division Director as authorized by the City Manager)] ATTEST: BARBARA ENGLES0N City Clerk If required by City, 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 Secretaty, Assistant Secretaty, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretaty or assistant secretaty under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREtWUK, .K^FTSttorney ^_AssKtant City Attorney City Attorney Approved Version 4/1/15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of. Qr^HUmkl^lJ^lL- before me, /VO^^/y?^ I^jl/nil4oV/^_ /Oo-fo^^ * Date ^ . , Here InsertName and Title of the Officer^ personally appeared / nOmO^ /H^TO^Ar 0L/rt^/€lPA r? ^ p . ^ y Name(s) H)f Signer(s) La^olyv) Jta^ tifejs^^k^ ^. who provea to me on the basis of satisfactory evidence to be the person(s) whose name(s) ^/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hte/her/their authorized capacity(ies), and that by Washer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NOZIMATOJIMATOVA I COMM. #1978281 z Notary Public - California g San Francisco County -t My Comm. Expiras June 12.2016^ Signature. Signature of Notary Public Place Notary Seal Above OPTIONAL Thougli ttiis section is optional, completing ttiis information can deter aiteration of the document or fraudulent reattachment of this form to an unintended document. n of Attached Document . /) /] / I / n )e of Document:/y^/^/y^^ J^ /mA^le.ClJ^a/ Date: //4y U)/^ / ' ' Number of Paces: /X )ther Than Named Above: •— Descriptio Title or Type Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: /'^M i)Ufilj-r-^JL^ B^orporate Officer - Title(s):^ l''r^ C}Uj^4 • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: . Signerja_peprese*ting - Titl%): Ited • General v 3rney in Fact ardian or Conservatoi pme ^^'^^^ Sicjner's Name: _^4^C tefGorporate Officer • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2015 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 1^ EXHIBIT "A" SCOPE OF SERVICES LEO CARRILLO RANCH HISTORIC PARK STABLE RESTORATION AND NEW RESTROOM CONSTRUCTION FIXED FEE PROPOSAL / SUMMARY Phase Description Fee Per Task Fee by Discipline Architect Structural Engineer MEP Engineer Civil Engineer Landscape Architect Cost Estimator 1 Inspection and Assessment / Design Development Phase $36,715 $10,860 $6,880 $4,240 $12,700 $1,480 $555 2 Construction Documents Phase $72,505 $21,700 $5,310 $9,480 $25,770 $2,880 $7,365 3 Contract Bidding Phase $4,340 $2,630 $0 $410 $750 $550 $0 4 Construction Administrative and Management Phase $26,540 $17,080 $3,800 $1,870 $2,670 $1,120 $0 Subtotal Fee $140,100 $52,270 $15,990 $16,000 $41,890* $6,030 $7,920 E Expenses $8,000 Total Fee & Expenses $148,100 * Note that Civil Engineering fee includes site survey and SWPP, SWMP, NOI, and Erosion Control City Attorney Approved Version 4/1/15 FEE & PERSON HOUR DETAILED BREAKDOWN Phase Description Fee Per Task Total Hours 1 Inspection and Assessment / Design Development Phase 1 1.1: Gather and Review Existing Plans and Documentation on file at City of Carlsbad. Prepare baseline drawings for site visit 1 1.2: Site visit to inspect and assess the stable and all included areas of work to refine / validate the project scope 1 1.3: Establish all relevant Building Codes, laws and permits required. Identify energy and water conservation strategies 1 1.4: Prepare a base sheet showing the existing utilities and updated topography (approximately 0.5 acre) 1 1.5: Design Development level drawings, diagrams, calculation and narratives. Includes renderings 1 1.6: Validate project scope, budget and schedule 1 1.7: Meetings with City (4 incl. Kick-off, Site visit and validation of building program, progress meeting, final schematic approval) 1 Milestone/Completion Date for Phase 1 - December 1, 2015 1 Milestone/Completion Date for Phase 1 - December 1, 2015 $36,715 253 2 Construction Documents Phase 2 2.1; 30% level drawings, outline specifications, revised opinion of costs, validate project schedule 2 2.2: 80% level drawings, final draft specifications, revised opinion of costs, validate project schedule 2 2.3: 100% level drawings, final draft specifications, revised opinion of costs, validate project schedule. Include final design calcs 2 2.4 SWMP / SWPPP / NOI / Erosion Control 2 2.5: Progress meetings with city staff (and pertinent sub- consultants) minimum five (5) meetings 2 Milestone Completion Date for Phase 2- June 23, 2016 2 Milestone Completion Date for Phase 2- June 23, 2016 $72,505 591 City Attorney Approved Version 4/1/15 n FEE & PERSON HOUR DETAILED BREAKDOWN CONTINUED Phase Description Fee Per Task Total Hours 3 Contract Bidding Phase 3 3.1: Provide administrative support services during bidding 3 3.2: Attend prebid meeting 3 3.3: Assist the City with the bid addenda 3 3.4: Assist the City with reviewing bids 3 Milestone/Completion Date for Phase 3- October 16, 2016 3 Milestone/Completion Date for Phase 3- October 16, 2016 $4,340 32 4 Construction Administrative and Management Phase 4 4.1: Attend bi-weekly job site meetings (approximately 22 over 10 months of construction). Includes field reports 4 4.2 Assist with Requests for Information (RFIs) from the Contractor 4 4.3: Review shop drawings and related submittals 4 4.4: Attend final walk-through and prepare final punch list 4 Project Completion Date - Mid-September 2017 4 Project Completion Date - Mid-September 2017 $26,540 203 Subtotal Fee and Hours $140,100 1079 E Reimbursable Expenses E Printing, Mileage, Travel, Phone Service, Postage and Delivery Fees $8,000 Total Fee & Expenses and Hours $148,100 1079 10 City Attorney Approved Version 4/1/15 18 EXHIBIT "B" HOURLY RATE SCHEDULE Paqe & Turnbull Founding Principal Principals Associate Principals Senior Associates Architects Associates Designers, Conservators & Planners Historians Administrative Personnel Architectural Assistants $250.00-$300.00 per hour $185.00-$250.00 per hour $130.00-$175.00 per hour $110.00-$165.00 per hour $100.00-$150.00 per hour $100.00-$125.00 per hour $75.00-$125.00 per hour $85.00-$120.00 per hour $60.00-$120.00 per hour $45.00-$75.00 per hour Krakower & Associates Structural Engineers Principal Structural Engineer CAD $190 per hour $100 per hour Costal SAGE Landscape Architecture Lead Designer Designer CAD Graphics Field Support Design West Engineering Principal Engineering Mechanical & Plumbing Engineering Senior Engineer, Mechanical Mechanical Project Manager Mechanical Designer Mechanical CAD Draftsperson Electrical Engineering Senior Engineer, Electrical Electric Project Manager Electrical Designer Electrical CAD Draftsperson $110.00 per hour $80.00 per hour $50.00 per hour $50.00 per hour $30.00 per hour $180.00 per hour $160.00 per hour $125.00 per hour $95.00 per hour $75.00 per hour $160.00 per hour $125.00 per hour $95.00 per hour $75.00 per hour 11 City Attorney Approved Version 4/1/15 Commissioning Services Director of Commissioning Services Commissioning Agent Commissioning Engineer Energy Services Director of Energy Services Engineering Energy Services Engineer Energy Services Design Fire Protection Engineering Senior Engineer, Mechanical Fire Protection Project Manager Flre Protection Designer Low Voltage Engineering Senior Engineering, Electrical Low Voltage Project Manager Low Voltage Designer Clerical Support Michael Baker International $160.00 per hour $125.00 per hour $95.00 per hour $160.00 per hour $125.00 per hour $95.00 per hour $160.00 per hour $125.00 per hour $95.00 per hour $160.00 per hour $125.00 per hour $95.00 per hour $60.00 per hour Office Personnel Project Manager Structural Engineer Technical Manager Senior Engineer Landscape Architect Project Engineer Storm Water Engineer Design Engineer/Senior Designer/Mapper Graphic Artist Design Technician Assistant Engineer/Planner Office Support/Clerical Survey Personnel 2-Person Survey Crew 1-Person Survey Crew Licensed Surveyor Field Supervisor J.R, Conkey & Associates. Inc. Principal Project Manager Senior Cost Estimator Field Engineer Clerical Support $200.00 per hour $195.00 per hour $185.00 per hour $168.00 per hour $150.00 per hour $150.00 per hour $145.00 per hour $120.00 per hour $100.00 per hour $95.00 per hour $90.00 per hour $65.00 per hour $250.00 per hour $165.00 per hour $185.00 per hour $175.00 per hour $200.00 per hour $175.00 per hour $130.00 per hour $95.00 per hour $80.00 per hour 12 City Attorney Approved Version 4/1/15 lo