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HomeMy WebLinkAbout2019-11-19; City Council; ; Agreement with Sillman Wright Architects to complete the design work for the City of Carlsbad Public Safety and Service Center Improvements, Capital Improvement Program PCA Review ftLC> ~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Subject: Nov. 19, 2019 Mayor and City Council Scott Chadwick, City Manager Steven Stewart, Municipal Projects Manager Steven.Stewart@carlsbadca.gov, 760-602-7543 Mickey Williams, Assistant Police Chief Mickey.Williams@carlsbadca.gov, 760-931-2157 Agreement with Sillman Wright Architects to complete the design work for the City of Carlsbad Public Safety and Service Center Improvements, Capital Improvement Program Project No. 4715. Recommended Action Adopt a Resolution authorizing an Agreement with Sillman Wright Architects (SWA) to complete the design work for the City of Carlsbad Public Safety and Service Center Improvements, Capital Improvement Program (CIP) Project No. 4715 (Project), for an amount not to exceed $611,214. Executive Summary On July 31, 2018, City Council adopted Resolution No. 2018-151 approving the bridging documents for the Project and authorizing the city clerk to advertise for design-build proposal solicitation. Following a Request for Qualifications (RFQ) and a Request for Proposals (RFP) from those contractors who satisfied the RFQ requirements, there were three prospective contractors. One contractor asked to withdraw from the RFP process and the other two presented proposal values well above the Project budget. Given this result, staff rejected the proposals and changed the procurement method from design-build to design-bid-build. On Aug. 7, 2019, staff posted an RFP on the City of Carlsbad website for complete design services and an updated cost estimate. Staff recommends execution of an Agreement with SWA to complete the design work for the Safety Center in an amount not to exceed $611,214. Staff also recommends that the city manager, or his designee, be authorized to approve amendments to the Agreement per the Agreement terms. City Council authorization of the Agreement is required per Carlsbad Municipal Code Section 3.28.060(D), as the value of this agreement is greater than $100,000. Discussion The Safety Center was constructed in 1986 for a staff of 95 personnel. Since then, staffing has gradually increased to 186 personnel to keep up with city development, but the building has not been significantly renovated to accommodate these changes. The scope of improvement work was initially limited to interior renovations on the first floor with selective heating, Nov. 19, 2019 Item #5 Page 1 of 18 ventilation, and air conditioning (HVAC) and lighting upgrades. Based on this limited scope of work, staff chose to proceed with the design-build procurement method in fiscal year 2016-17 and re~ained a design firm to prepare bridging (20% design) documents. However, in the process of developing the bridging documents and evaluating the necessary work scope more closely, additional renovation work was found to be necessary throughout the facility. More extensive infrastructure upgrades were needed and the city's Climate Action Plan (CAP) required that additional energy saving measures be included given the extent of the renovation work. The current budgeted work scope now includes: (a) upgrading the dispatch area, watch commanders', sergeants' and crime analysts' office areas, (b) floor infill at the second-floor elevator lobby to gain extra floor space, (c) expansion of the women's locker room, (d) accessibility upgrades required by the building code, (e) security improvements to meet current safety standards, (f) a lobby redesign for improved interaction with the general public, (g) carpeting replacement and painting throughout, and (h) the installation of new furniture. Infrastructure upgrade work includes: (a) elevator equipment and cab improvements, (b) a new emergency generator, (c) selective HVAC and lighting improvements, and (d) a refurbished roof. CAP compliance measures include a solar array on the roof to offset energy consumption and electrical vehicle charging stations in the front parking lot. The lower energy consumption by new infrastructure equipment will also contribute toward the lower energy consumption objectives of the CAP. On July 31, 2018, City Council adopted Resolution No. 2018-151 approving the bridging documents for the Project and authorizing the city clerk to advertise the documents for design- build proposal solicitation on the City of Carlsbad website. A RFQ was published on Oct. 15, 2018, and staff received qualification statements on Nov. 14, 2018, from six design-build contractors. Staff found that only three of the six contractors met the minimum qualification criteria described in the RFQ. Staff solicited an RFP from each of the three qualified contractors. Proposals were received on May 8, 2019, and were reviewed and ranked by staff from the Public Works Branch and the Police Department, based on criteria published in the RFP. One of the three prospective contractors withdrew from the RFP process and the other two contractors provided proposal values well above the Project budget. Staff questioned the cost estimate prepared by the architect of the bridging documents and the architect said that low competition was likely responsible for the high proposal values. The unfavorable design-build results created an opportunity to change the procurement method to design-bid-build to complete the design, get a current cost estimate and to competitively bid the Project. On Aug. 7, 2019, staff posted an RFP on the City of Carlsbad website to complete design services and provide an updated cost estimate. Proposals were received on Aug. 29, 2019, from eight design firms. Staff from the Public Works Branch and the Police Department met once again to review the proposals received and rank them based on the criteria published in the RFP. Staff conducted interviews with the three top ranked design firms on Sept. 24, 2019, and collectively selected SWA as the most qualified design firm for this Project. Staff recommends Nov. 19, 2019 Item #5 Page 2 of 18 authorization of an Agreement with SWA to complete the design work for the Safety Center in an amount not to exceed $611,214. Staff also recommends that the city manager, or his designee, be authorized to approve amendments to the Agreement per the Agreement terms. The Agreement terms allow the city manager to extend the Agreement twice for a one-year period or part thereof. City Council authorization of the Agreement is required per Carlsbad Municipal Code Section 3.28.0G0(D), as the value of this agreement is greater than $100,000. Fiscal Analysis The agreement with SWA is in an amount not to exceed $611,214. General Capital Construction and Infrastructure Replacement Funding has been appropriated for the Project as shown below: CARLSBAD PUBLIC SAFETY AND SERVICE CENTER IMPROVEMENTS, CIP PROJECT NO. 4715 Current Appropriation -General Capital Construction Fund $2,013,500 Current Appropriation -Infrastructure Replacement Fund $5,953,050 Current Expenditures/Encumbrances -General Capital Construction Fund ($464,596) Current Expenditures/Encumbrances -Infrastructure Replacement Fund ($260,371) SAFETY CENTER CURRENT FUNDING BALANCE $7,241,583 Agreement with Sillman Wright Architects $611,214 Estimated Construction Contract $5,170,558 Estimated Construction Contingency $517,056 Estimated Construction Management, Inspection Time and FF&E $942,755 REMAINING BALANCE ADDITIONAL APPROPRIATION NEEDED Next Steps Staff will process an agreement with SWA to complete the design work for the Project. Once the design work has been completed, permitted by the city and a cost estimate has been prepared, staff will return to City Council. Approval will be requested for the design work and the appropriation of additional funding, if necessary per the new cost estimate. Authorization will also be requested to solicit qualified bids for construction ofthe Project. Environmental Evaluation (CEQA) The Project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301(d) -restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing at least 72 hours prior to the posting of the agenda. Exhibits 1. City Council Resolution 2. Site Map $0 $0 Nov. 19, 2019 Item #5 Page 3 of 18 RESOLUTION NO. 2019-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AN AGREEMENT WITH SILLMAN WRIGHT ARCHITECTS (SWA) TO COMPLETE THE DESIGN WORK FOR THE CITY OF CARLSBAD PUBLIC SAFETY AND SERVICE CENTER IMPROVEMENTS, CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 4715, IN AN AMOUNT NOT TO EXCEED $611,214. WHEREAS, City Council has determined that it is desirable and in the best interest of the city to maintain city infrastructure to prolong the useful life of city assets and maintain safety standards; and WHEREAS, staff has determined a scope of work to be completed for the City of Carlsbad Public Safety and Service Center Improvements, CIP Project No. 4715 (Project); and WHEREAS, staff has solicited a Request for Proposals (RFP) from design firms on the City of Carlsbad website; and WHEREAS, staff has received eight proposals for review and has objectively ranked them by best value; and WHEREAS, staff has interviewed the top three ranked firms and has selected SWA as the most qualified design firm for the Project; and WHEREAS, staff and SWA have negotiated a scope of work and fee in an amount not to exceed $611,214 to provide complete design services and an updated cost estimate for the Project; and WHEREAS, staff has prepared an agreement in an amount not to exceed $611,214 to provide design and cost estimating services for the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the proposal submitted by SWA in an amount not to exceed $611,214 is hereby accepted. 3. That the mayor is hereby authorized and directed to sign the agreement with SWA to provide complete design services and an updated cost estimate for the Project, attached hereto as Attachment A. 4. That the city manager, or his designee, is hereby authorized to approve amendments to the agreement per the agreement terms. Nov. 19, 2019 Item #5 Page 4 of 18 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of November 2019, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. M1!/~ {c/~,c/_R((i-,,,.,ez 1 D~ BARBARA ENGLESON, City Clerk Cf'-J (SEAL) ,,,,,111111111,,,,,, ,>"'o'''~ CAFi/'''1/-z ~ ,·c.,_n-z ~A .. ··· ·····"<S\~ lt::/--~ · ....... -v1 ~ 0 ( ~", 1/...-A ! CJ ~ % \ .. ~~ w.: ff ~ ·• .. ··-,~n·"· .. ·· .;::. ~ r\'•, ' .. • .. ~ %'-~1..······•'"··· ~'"~ 1/11,,11 I FOf't ,,,,,~ I///IJ/flflll\\111\\ tlerv Nov. 19, 2019 Item #5 Page 5 of 18 PSA20-921TRAN AGREEMENT FOR SAFETY CENTER DESIGN SERVICES SILLMAN WRIGHT ARCHITECTS THIS AGREEMENT is made and entered into as of the ;;J 5 f1', day of ___ f\J...,:...._o_{e_m_b_e_, ____ , 2019, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and SILLMAN WRIGHT ARCHITECTS, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in design services. B. Contractor has the necessary experience in providing professional services and advice related to design services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work under RFP No. 20-863TRAN. 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. IERM The term of this Agreement will be effective for a period of two (2) year from the date first above written. The City Manager or Designee may amend the Agreement to extend it for two (2) additional one (1) year 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. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be six hundred and eleven thousand, two hundred and fourteen dollars ($611,214). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed one hundred thousand dollars ($100,000) per Agreement year. 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". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 1 of 11 Nov. 19, 2019 Item #5 Page 6 of 18 PSA20-921 TRAN 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 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. 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 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. 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 of this section, and that this section will survive the expiration or early termination of this 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 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 City Attorney Approved Version 6/12/18 2 of 11 Nov. 19, 2019 Item #5 Page 7 of 18 PSA20-921 TRAN 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 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. 10.1.1 Commercial General I iability (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. 10.1.2 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. 10.1.3 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. 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. 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 order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or City Attorney Approved Version 6/12/18 3 of 11 Nov. 19, 2019 Item #5 Page 8 of 18 PSA20-921 TRAN 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-time. 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 under this 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 Name Steven Stewart Title Municipal Projects Manager Department Public Works City of Carlsbad Address 1635 Faraday Av Carlsbad, CA 92008 Phone No. (760) 602-7543 For Contractor Name Mark Baker Title Project Manager Address 7515 Metropolitan Drive, Suite 400 San Diego, CA 92108 Phone No. 619-294-7515 Email mbaker@sillmanwright.com 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. City Attorney Approved Version 6/12/18 4 of 11 Nov. 19, 2019 Item #5 Page 9 of 18 PSA20-921 TRAN 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 categories. Yes i No_ 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. 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. 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 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 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. 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 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 City Attorney Approved Version 6/12/18 5 of 11 Nov. 19, 2019 Item #5 Page 10 of 18 PSA20-921 TRAN under this 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 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. 22. 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. 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 6/12/18 6 of 11 Nov. 19, 2019 Item #5 Page 11 of 18 PSA20-921 TRAN 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 SILLMAN WRIGHT ARCHITECTS, a ·,/. ~ By: ~ya·l©iforni: corporation sign here) &elf 1ul/4s HL1/1/ii1f: ~CM~~,&w~ MATT HALL, Mayor (prini name/title) ATTEST: ( gn here) ~~ )/,,,cl« 6iw.l,2-7 Depul-_J ft,, Barbara Engleson, City Clerk Cit, Uuyo/ J'1dmm. lf-11~r:t I tlrt/zdut' (print ~a me/tit e) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a carparatiao, 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 corporation 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: CELIA A. BREWER, City Attorney City Attorney Approved Version 6/12/18 7 of 11 e,Je"I" Nov. 19, 2019 Item #5 Page 12 of 18 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 California _ County of _;,/liM'\ J)u_p On i!lt;/J CJ I I Date personally appeared Here Insert Name and Title of th fficer • Kttl1/t1./ &x{ 7;/.tk, ~ tl YJt-( /.a~ 1671;t1d, Jdt.imury Name(s) of Signe ) who proved to me on the basis of satisfactory evidence to be the per~on s 'whose name(sl)is/€) subscribed to the within instrument and acknowledged to me that he/sh the executed the same in his/he~authorized capacity(ies), and that by his/her~ signature(s) on t e instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1············1 /"'"·<. HEATHER L.EE LANDON ;;:@· .... _10_. Notary Public -Cal,forn,a z J -.: _ ·. San Diego County ~ -Commission# 2208101 - My Comm. Expires Jul 30, 2021 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~1,t:.,. k~it&~ Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: -~(t-~-~~·~tnl-~~1:_.;b-~--------------------- Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Nov. 19, 2019 Item #5 Page 13 of 18 EXHIBIT "A" SCOPE OF SERVICES Itemized List of what Contractor will do for City and at what price. 1. 2. 3. 4. 5. Design and Construction Document Development Bidding and Plan Review Assistance Construction Administration Project Closeout Reimbursables allowance NOT-TO-EXCEED TOTAL (inclusive of cost estimating) PSA20-921 TRAN $333,006 $91,003 $143,191 $34,014 $10,000 $611,214 City Attorney Approved Version 6/12/18 8 of 11 Nov. 19, 2019 Item #5 Page 14 of 18 APPENDIX "A" PROPOSED ··FEES NOT-TO-EXCEED FEE PSA20-921 TRAN ,eiuBE!~ SAtlEll~ ~Ellilj;E~ ~ ~11~fii11~flll@:*ilBfi1l~~ . ·.· .. . . ~ ' , ~ Discipline Fee Amount Architectural $326,500 Structural $ 47,000 Mechanical $ 50,255 Electrical I Fire Alarm I Energy $ 70,000 Plumbing $ 22,135 Low Voltage $ 42,500 Fire Life Safety $ 4,000 Safety Consultant $ 12,000 Cost Estimating $ 26,825 TOTAL FEE $601,214 ---------11• SILLMAN WRIGHT ARCHITECTS 9 of 11 Nov. 19, 2019 Item #5 Page 15 of 18 PROPOSED FEES -continued FEE BY PHASE, PER DISCIPLINE Design/ $202,500 $30,500 $20,102 $30,000 $8,854 Drawing Dev. Bidding+ Plan $27,500 $7,500 $10,051 $20,000 $4,427 Review Construction $81,500 $6,000 $15,076 $10,000 $6,640 Administration Closeout $15,000 $3,000 $5,026 $10,000 $2,214 per discipline ESTIMATE OF HOURS BY PHASE, PER DISCIPLINE Design/ 500 182 212 240 100 Drawing Dev. Bidding + Plan 100 100 100 120 60 Review Construction 150 60 100 100 20 Adminstration Closeout 100 23 15 20 11 , per discipline SILLMAN WRIGHT ARCHITECTS 10 of 11 PSA20-921 TRAN $15,625 $3,000 $3,000 $19,425 $10,625 $500 $3,000 $7,400 $10,625 $350 $3,000 $5,625 $150 $3,000 163 20 25 170 75 15 35 40 55 10 45 37 5 10 Nov. 19, 2019 Item #5 Page 16 of 18 PROPOSED FEES -continued HOURLY RATES PSA20-921 TRAN -~l~~-iti .. ;iilrna,;~~igt1t ~{~ffiit~s:It:?:/:·: :a11■1,~;iit{W(~~ ~:~-~Jliimit'. :··t:~:i :;·,.: ~:' Principal Architect $210 Principal $180 Sr. Project Architect $190 Project Manager $150 Project Architect $170 Project Engineer $140 Project Designer $160 Engineer $148 Project Manager $160 BIM Designer $100 Job Captain $130 Sr. CAD Operator $90 Drafter $110 Drafting Engineer $80 Administrative $100 Support Staff, Office Staff $70 :•,,,.~, ' ;• -·~ •.. . . / ·. , -,,~ "t ~ 71,;t~11',1t~:: -if:0111-;~,~~-t!~1ffi1i1\fi, ~<\,~~ ¾~ ~¥: ~i ~. :" •1 ,>,:'\/ij,;;~j ll!t, .•• J~li~L-·., .. ,.~~~II . ': Pf < {: ~-~~~ff,f~~~tl~ff1,>:/•i,~,,.,"~ft d\,h~fJl:!:~,,,m, =4' iv'i" !':_,,, ~;" 1, ,t,~,,.i ;" 3<, :5:~~fg;I Principal $180 Principal Manager $150 Project Engineer $148 Engineer $148 BIM Designer $100 Drafting Engineer $80 Support Staff, Office Staff Project Executive $225 Sr. Engineer $200 Project Engineer $150 Project Designer $140 BIM Technician $75 Engineering Assistant $70 BUDGET FOR REIMBURSABLE EXPENSES Reimbursable Budget -$10,000 Fire Protection Engineering $175 Principal $165 Sr. Design Technician/ Design Mgr $125 Design Technician/ Job Captain $100 Cost Estimating •• Cumming I Managing Director Associate Director $185 Sr. Cost Manager $175 Sr. MEP Cost Manager $175 Cost Manager $160 Estimating Technician $115 Reimbursable expenses include, but are not limited to: reproduction, mileage, mailing, courier costs, and filing fees will all be invoiced at direct cost, plus 10%. SILLMAN WRIGHT ARCHITECTS 11 of 11 Nov. 19, 2019 Item #5 Page 17 of 18