Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Sillman Wright Architects; 2019-11-25; PSA20-921TRAN
PSA20-921TRAN City Attorney Approved Version 6/12/18 1 of 11 AMENDMENT NO. 3 TO AMEND AGREEMENT FOR SAFETY CENTER DESIGN SERVICES IT & LIGHTING UPGRADE SILLMAN WRIGHT ARCHITECTS This Amendment No. 3 is entered into and effective as the ______________ day of _____________________, 2020, amending and extending the Agreement dated November 25, 2019 (the ‘Agreement’) by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and SILLMAN WRIGHT ARCHITECTS, a California corporation, ("Contractor") (collectively, the “Parties”) for Safety Center Design Services – Structural Upgrade. RECITALS A.The Parties desire to alter the Agreement’s scope of work to increase the designservices to include additional IT design work and to include an upgrade to the facility restrooms; and B.The Parties have negotiated and agreed to a supplemental scope of work and feeschedule, which is attached to and incorporated in by this reference as Exhibit “A” Scope of Services and Fee, for a total amount of fifty-one thousand, sixty dollars ($51,060); and C.Contractor has the necessary experience in providing professional services and advice related to design services. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.In addition to those services contained in the Agreement, as may have beenamended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total Agreement amount shall not exceed one million, sixty-nine thousand, eight hundred sixty-three dollars ($1,069,863). 2.City will pay Contractor for all work associated with those services described inExhibit “A” on a percentage complete basis not-to-exceed fifty-one thousand, sixty dollars ($51,060). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3.Contractor will complete all work described in Exhibit “A” by November 24, 2023. 4.All other provisions of the Agreement, as may have been amended from time totime, shall remain in full force and effect. 5.All requisite insurance policies to be maintained by the Contractor pursuant to theAgreement, as may have been amended from time to time, shall include coverage for this Amendment. 6.The individuals executing this Amendment and the instruments referenced onbehalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. DocuSign Envelope ID: 648F4653-3EE2-4597-81F2-F9469FEB4841 5th October PSA20-921TRAN City Attorney Approved Version 6/12/18 2 of 11 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California SILLMAN WRIGHT ARCHITECTS, a California corporation By: By: (sign here) Geoff Patnoe, Assistant City Manager as authorized by the City Manager Brett Tullis, President (print name/title) ATTEST: By: (sign here) For Barbara Engleson, City Clerk Larry Sillman, Principal Architect (print name/title) 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 Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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 BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 648F4653-3EE2-4597-81F2-F9469FEB4841 PSA20-921TRAN City Attorney Approved Version 6/12/18 3 of 11 EXHIBIT “A” SCOPE OF SERVICES AND FEE Itemized List of what Contractor will do for City and at what price. 1. Programming and Schematic Design $31,050 2. Interior Lighting Design $8,580 3. Exterior Lighting Design $2,530 4. Design and Layout of new IDF Rooms $8,900 NOT-TO-EXCEED TOTAL (inclusive of reimbursable expenses) $51,060 DocuSign Envelope ID: 648F4653-3EE2-4597-81F2-F9469FEB4841 September 2, 2020 Mr. Steve Stewart Municipal Project Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Project: City of Carlsbad – Public Safety and Service Center Renovation Subject: Additional Services – Design Services for programming and schematic design, interior lighting design, exterior lighting replacement and new IDF rooms Add Service #: 03 Dear Steve, Sillman Wright Architects (Architect) are pleased to provide the City of Carlsbad (Client) with this proposal for Additional Services for the Design, Plan Check Processing and Construction Administration Services for the; programming and schematic design, interior lighting design, exterior lighting replacement and new IDF rooms. Work is to be performed for the City of Carlsbad – Public Safety and Service Center building, located at 2560 Orion Way, Carlsbad, CA. Project Description Programming and Schematic Design During the early stages of the project, the Police Department (PD) requested to reevaluate the previously approved layout provided to the Architect via the RFP – 20% DD Bridging Documents. The request stemmed from the idea that the design was outdated and did not best fit the current needs of the (PD). In turn, a two-day workshop was requested to meet with each end-user group to establish their needs. The information gathered from the workshop will then dictate the revised first and second floor layout. Interior Lighting Design The (PD) has requested to replace the existing interior light fixtures with new LED fixtures in spaces that were not previously included in the RFP – 20% DD Bridging Document. These upgrades will also facilitate the compliance with the state mandated Title-24, Section Six – Energy Calculations. Exterior Lighting Replacement The (PD) has requested to replace the existing exterior light fixtures with new LED lights. The lights include the roof mounted fixtures and retrofitting the existing light poles, in and around the site and rear parking lot. The existing light poles will remain. These upgrades will also facilitate the compliance with the state mandated Title-24, Section Six – Energy Calculations. New IDF Rooms The current MPOE room (Radio Computer Equipment), located next to the Dispatch Center is at maximum capacity and does not allow for current or future expansion. As a result, the Client concluded that it would be in the (PD’s) best interest to add two (2) new IDF Rooms to be located on the first and second floor. Doing so, will allow all the new data runs to feed into the new IDF rooms in lieu of the MPOE. This solution alleviates space in the MPOE room and eases technology implementation/phasing during construction. Ultimately, single connections will be made from the new IDF rooms into the MPOE room. Exhibit "A"PSA20-921TRAN 4 of 11 DocuSign Envelope ID: 648F4653-3EE2-4597-81F2-F9469FEB4841 Scope of Work Programming and Schematic Design The work includes initial consultation with multiple end-user groups to determine a conceptual layout that best fits their needs, discussing material finishes and implementing end-user directed revisions. The Architect will prepare revised layouts reflecting the end-user’s feedback and attend follow up meetings to discuss the revisions and answer questions. The Architect will coordinate the revised layouts with the Consultants and the Client’s furniture representative. The following spaces shall be reconfigured: Level 1 – Watch Commander, CST Team, Traffic, Patrol Sergeant, Homeless Outreach, Crime Analyst, and Interview Room Level 2 – Volunteer Office, (New) Office 253, Lounge Room, Vice/Narcotics, Investigative Services, and (New) Office 208 Interior Lighting Design The Architect in coordination with Consultant will provide new lighting solutions for the spaces identified below. The design team will provide the Client with multiple lighting fixture options for their review and selection. Once a selection is made, the proposed light fixtures will be included in the Construction Documents. The following spaces shall receive new LED light fixtures: Level 1 – Physical Fitness, Dispatch Center, Briefing Room, Radio Computer Equip., Sally Port, Property & Evidence, Restrooms and Hallways Level 2 – Fire Admin Space, Senior Offices, Investigative Services Restrooms and Hallways Exterior Lighting Replacement The Architect in coordination with Consultant will provide the design and specifications for replacing the existing light fixtures located on the roof of the building. In addition, the design team will specify a retrofit solution for the existing light pole fixtures. Additional effort will be required during Construction Administration by the Architect and Consultant for the additional Design added to the Scope of Work. New IDF Rooms The Architect in coordination with Consultants will meet with the Client’s representatives to discuss the optimal locations for the two (2) new IDF rooms. The design team will prepare multiple exhibits identifying potential locations. Upon conceptual layout approval, the Architect and Consultant will develop the Approved Conceptual layout into the Construction Documents. The Architect will coordinate the Mechanical, Electrical and Technology Design with the Client. Additional effort will be required during Construction Administration by the Architect and Consultants for the additional Design added to the Scope of Work. The changes proposed are not currently in the Scope of Work and are considered Additional Services. Exhibit "A"PSA20-921TRAN 5 of 11 DocuSign Envelope ID: 648F4653-3EE2-4597-81F2-F9469FEB4841 Fee: Programming and Schematic Design $31,050 Architectural $15,600 Mechanical/Plumbing $11,700 Electrical $ 3,750 Interior Lighting Design $8,580 Architectural $2,080 Electrical $6,500 Exterior Lighting Replacement $2,530 Architectural $ 780 Electrical $1,750 New IDF Rooms $8,900 Architectural $4,200 Mechanical/Plumbing $3,500 Electrical $1,200 Grand Total: $51,060 Conceptual Schedule The work shall occur during the normal course with the rest of the construction document phase. Client Provided Documents Client to provide Architect with requested information within a reasonable time frame as to not delay the design process. Architect may rely on the accuracy and completeness of these items. Project Assumptions and Exclusions • Documents prepared by the Architect will be prepared based upon reasonable assumptions derived from existing information provided by the Client and from limited observation of accessible and visible existing conditions by the Architect and Consultants without the benefit of extensive field measurements and investigation prohibited by expense and inconvenience to the Client. • It is understood and agreed that unforeseen conditions uncovered during the progress of the Project may require changes in the Project, resulting in additional cost and delay. • Civil and Landscape services • Production Renderings • Client directed Design Revisions after the completion of the Design Development phase or Value Engineering after Construction Documents • Fee and Schedule may be adjusted, with prior approvals, subject to any unforeseen impacts due to the current COVID 19 Pandemic State, Local and Federal requirements. Exhibit "A"PSA20-921TRAN 6 of 11 DocuSign Envelope ID: 648F4653-3EE2-4597-81F2-F9469FEB4841 All other conditions of the Original Signed Agreement remain the same. Thank you for this opportunity to be of service. Sincerely, Mark Baker, AIA Principal Architect CA License No. C-18627 ACCEPTED BY: _________________________________________________ BY DATE _________________________________________________ NAME POSITION/COMPANY Exhibit "A"PSA20-921TRAN 7 of 11 DocuSign Envelope ID: 648F4653-3EE2-4597-81F2-F9469FEB4841 Work Authorization Request No. 3 August 4, 2020 Revision No. 2 Mr. Mark Baker Principal Sillman Wright Architects PROJECT: Carlsbad Safety Center Tenant Improvement RE: Add Services as described below IDS #: 19D012.XX SCOPE OF WORK: • Additional redesign for new layouts that differ from 20% DD set o The design changed substantially from 20% DD set. The design team met with multiple user groups on numerous occasions to determine the optimal layout for their new space. A large percentage of the spaces were reconfigured or relocated. • Two new IDF rooms o Two new IDF rooms were created as part of the design solution to alleviate space in the Master MPOE Room and to ease technology implementation/phasing during construction. FEES: Our total additional fee for all the listed additional scope of work is per the following: • Mechanical: $15,200.00 ---------------------------------------------------------------- • Total $15,200.00 Note: We will only proceed upon receipt of the signed authorization. Invoices are due 30 days from their date. If an invoice becomes delinquent for any reason we have the right to suspend services and withhold or withdraw instruments of service pending payment. APPROVAL (NEXT PAGE): Reimbursable Expenses: Non-Billable Billable Construction Documents X Lump Sum: Hourly Exhibit "A"PSA20-921TRAN 8 of 11 DocuSign Envelope ID: 648F4653-3EE2-4597-81F2-F9469FEB4841 APPROVAL: This proposal for consulting engineering services is accepted and all conditions are agreed. Client/Company: ________________________________________ Date: ______________________ By: ___________________________________________________Title: _______________________ Exhibit "A"PSA20-921TRAN 9 of 11 DocuSign Envelope ID: 648F4653-3EE2-4597-81F2-F9469FEB4841 July 20, 2020 Mark Baker Sillman Wright Architects 7515 Metropolitan Drive, Suite 400 San Diego, California 92108 RE: Amendment Number 3 for Additional Services Carlsbad Public Safety Center Renovation Carlsbad, CA IMEG #19004147.00 Dear Mark: As we discussed, you would like IMEG to provide additional electrical engineering services that are outside of the original scope of work provided in our original fee proposal for the City of Carlsbad’s Public Safety Center located at 2560 Orion Way, Carlsbad, CA 92010. All other services, terms, and conditions shall remain as stated in our original Agreement dated August 26, 2019. We understand the scope of work is as follows: · Provided new layouts for spaces that differ from 20% DD set - $3,750 · Provided new lighting design for spaces not shown in the 20% DD set – $6,500 · Replace existing exterior lighting, (wall mounted light fixtures and light fixtures on light poles, poles will remain) - $1,750 · Provide two new IDF rooms, one for each floor, including a dedicated split AC unit per room - $1,200 COMPENSATION We propose to provide the additional services described above for a fixed fee of $13,200. Reimbursable expenses remain as stated in our original Agreement. Exhibit "A"PSA20-921TRAN 10 of 11 DocuSign Envelope ID: 648F4653-3EE2-4597-81F2-F9469FEB4841 Amendment Number 3 for Additional Services Carlsbad, CA Carlsbad Public Safety Center Renovation July 20, 2020 Page 2 of 2 We will begin our services following acceptance of this Amendment for Additional Services. Acceptance may be conveyed via e-mail to the address listed below, by fax, or by signing this offer and returning it to our office. Sincerely, IMEG CORP. David C. Rosenberger, LEED AP Client Executive David.C.Rosenberger@imegcorp.com DCR/swk \\files\Corporate\Teams\BSDHE05\_Proposals_\2019\City of Carlsbad - Public Safety & Service Center Renovation\SWA\20200715 Amend 3 Carlsbad Public Safety Center.docx SILLMAN WRIGHT ARCHITECTS Accepted: Signature Title Date Exhibit "A"PSA20-921TRAN 11 of 11 DocuSign Envelope ID: 648F4653-3EE2-4597-81F2-F9469FEB4841 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 4/6/2020 License # 0E67768 (619) 788-5795 50206 (619) 574-6288 13056 Sillman Wright Architects 7515 Metropolitan Dr. Ste 400 San Diego, CA 92108 37273 A 1,000,000 X X PSB0005063 1/12/2020 1/12/2021 1,000,000 Cont Liab/Sev of Int 10,000 1,000,000 2,000,000 2,000,000 Deductible 0 1,000,000A X PSB0005063 1/12/2020 1/12/2021 No Co. Owned Autos Deductible 0 2,000,000A PSE0002245 1/12/2020 1/12/2021 2,000,000 0 A X PSW0002501 4/20/2020 4/20/2021 1,000,000 1,000,000 1,000,000 B Professional Liab.AEA000389052019 12/30/2019 Per Claim 2,000,000 B Ded. $25k Per Claim AEA000389052019 12/30/2019 12/30/2020 Aggregate 4,000,000 Re: All Operations City of Carlsbad is Additional Insured with respect to General/Hired & Non-Owned Auto Liability per the attached endorsement as required by written contract. Insurance is Primary and Non-Contributory. Waiver of Subrogation applies to General Liability and Workers' Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD c/o EXIGIS, LLC 38975 Sky Canyon Dr., Suite 103 Murrieta, CA 92563 SILLWRI-01 DIMEOLAA IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 Ali Smith Ali.Smith@ioausa.com RLI Insurance Company AXIS Insurance Company X 12/30/2020 X X X X X X X X X X AMENDMENT NO. 2 TO AMEND AND EXTEND AGREEMENT FOR SAFETY CENTER DESIGN SERVICES HVAC UPGRADE AND COMMAND POST SILLMAN WRIGHT ARCHITECTS This Amendment No. 2 is entered into and effective as the ______________ day of _____________________, 2020, amending and extending the Agreement dated November 25, 2019 (the ‘Agreement’) by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and SILLMAN WRIGHT ARCHITECTS, a California corporation, ("Contractor") (collectively, the “Parties”) for Safety Center Design Services – Structural Upgrade. RECITALS A.The Parties desire to alter the Agreement’s scope of work to increase the designservices to include the structural engineering and additional design work necessary for the building to comply with the Essential Services Building Seismic Safety Act; and B.The Parties desire to extend the Agreement for a period of one (1) year endingNovember 24, 2023; and C.The Parties have negotiated and agreed to a supplemental scope of work and feeschedule, which is attached to and incorporated in by this reference as Exhibit “A” Scope of Services and Fee, for a total amount of forty-two thousand, three hundred sixty-four dollars ($42,364); and D.Contractor has the necessary experience in providing professional services andadvice related to design services. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.In addition to those services contained in the Agreement, as may have beenamended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total Agreement amount shall not exceed one million, eighteen thousand, eight hundred three dollars ($1,018,803). 2.City will pay Contractor for all work associated with those services described inExhibit “A” on a percentage complete basis not-to-exceed forty-two thousand, three hundred sixty- four dollars ($42,364). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3.Contractor will complete all work described in Exhibit “A” by November 24, 2023. 4.All other provisions of the Agreement, as may have been amended from time totime, shall remain in full force and effect. 5.All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. PSA20-921TRAN 1 of 9 DocuSign Envelope ID: FFDFA4FD-4BA3-4983-918A-C118BD44F8AA July 7th 6.The individuals executing this Amendment and the instruments referenced onbehalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California SILLMAN WRIGHT ARCHITECTS, a California corporation By: By: (sign here) Geoff Patnoe, Assistant City Manager as Authorized by the City ManagerBrett Tullis, President (print name/title) ATTEST: By: (sign here) For Barbara Engleson, City Clerk Larry Sillman, Principal Architect (print name/title) 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 Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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 BY: _____________________________ Assistant City Attorney PSA20-921TRAN 2 of 9 DocuSign Envelope ID: FFDFA4FD-4BA3-4983-918A-C118BD44F8AA EXHIBIT “A” SCOPE OF SERVICES AND FEE Itemized List of what Contractor will do for City and at what price. HVAC Upgrade 1. Architectural Design Services $6,619 2. Mechanical Engineering Design Services $30,085 Command Post 1.Architectural Design Services $2,660 2.Electrical Engineering Design Services $1,200 3.Technology Systems Engineering $1,800 NOT-TO-EXCEED TOTAL (inclusive of reimbursable expenses) $42,364 PSA20-921TRAN 3 of 9 DocuSign Envelope ID: FFDFA4FD-4BA3-4983-918A-C118BD44F8AA June 17, 2020 Mr. Steve Stewart Municipal Project Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Project: City of Carlsbad – Public Safety and Service Center Renovation Subject: Additional Services – Design Services for Rebuilt of AHU’s 1 & 2, Replacement of Air Sound Trap (AH-2) and Command Post Add Service #: 02 Dear Steve Sillman Wright Architects (Architect) are pleased to provide the City of Carlsbad (Client) with this proposal for Additional Services for the Design, Plan Check Processing and Construction Administration Services for the; rebuilt of AHU’s 1 & 2, replacement of air sound trap (AH-2) and command post infrastructure. Work is to be performed for the City of Carlsbad – Public Safety and Service Center building, located at 2560 Orion Way, Carlsbad, CA. Project Description The building is equipped with two, large Air Handling Units (AHU) located on the first and second floors. Initially, the project did not request for these units to be repaired and/or replaced. However, page 17 of the RFP, section 1.4.32 states that the contractor shall “Test and balance all HVAC systems at completion of construction and in coordination with building occupancy.” While discussing the process of testing and balancing the new Variable Air Volume (VAV’s) units, it was determined that the test would be inconclusive due to the poor condition of the existing AHU’s. In turn, the Client has requested the Architect to provide a design to repair the existing AHU’s. The repair work shall consist of re-using the external casing and replacing all AHU components in place, including fan sections, cooling coil sections, filter sections, all motorized dampers and air sound trap (AH-2). Due to the COVID-19 pandemic, the command post was deployed in the rear parking lot as a temporary workspace for employees (dispatch or other impacted work areas). As a result, the Client has requested the Architect to provide the infrastructure for a mobile command post, thus allowing the command post to be deployed on a long-term basis should the need arise. The infrastructure shall be installed in the rear parking lot and would consist of an outdoor enclosure (pedestal) which would contain a 220v shore power connection, 3 Multi-mode fiber strands and a fiber patch panel. The estimated distance from the building to the proposed pedestal location is approximately 175’, this does not include the additional internal path from the MPOE. See attached exhibit “A” for proposed location. Scope of Work The work includes the repair and upgrade of the existing main air handling units serving the first and second floor of the Carlsbad Safety Center. Our tasks include: •Replacement of existing fans with custom, fan wall array •Replacement of existing cooling coils with new cooling coils including CHW control valves •Replacement of all motorized dampers for outside air and return air PSA20-921TRAN 4 of 9 EXHIBIT “A” DocuSign Envelope ID: FFDFA4FD-4BA3-4983-918A-C118BD44F8AA •Replacement and upgrade of DDC AHU controls to monitor and control all new AHU components, Interface to existing BMS shall be provided. •Existing AHU housing is intended to be re-used as it appears to be in adequate condition •Replacement of return air sound trap for AH-2 Furthermore, the work shall also include the coordination with the Client to identify a suitable location for the mobile command post pedestal. The design will include the outdoor pedestal, containing a 220v shore power connection, 3 Multi-mode fiber strands and a fiber patch panel. In addition, the design will include the electrical and technological calculations associated with the command post infrastructure. The trenching for this work shall be co-located as the same trench for the generator path to reduce construction cost. The changes proposed are not currently in the Scope of Work and are considered Additional Services. Fee: AHU Repair $36,704 Architectural $6,619 Mechanical $30,085 Command Post $5,660 Architectural $2,660 Electrical $1,200 Technology $1,800 Grand Total: $42,364 Conceptual Schedule The work shall occur during the normal course with the rest of the construction document phase. Client Provided Documents Client to provide Architect with requested information within a reasonable time frame as to not delay the design process. Architect may rely on the accuracy and completeness of these items. Project Assumptions and Exclusions •Documents prepared by the Architect will be prepared based upon reasonable assumptions derived from existing information provided by the Client and from limited observation of accessible and visible existing conditions by the Architect and Consultants without the benefit of extensive field measurements and investigation prohibited by expense and inconvenience to the Client. •It is understood and agreed that unforeseen conditions uncovered during the progress of the Project may require changes in the Project, resulting in additional cost and delay. •Civil and Landscape services •Production Renderings PSA20-921TRAN 5 of 9 DocuSign Envelope ID: FFDFA4FD-4BA3-4983-918A-C118BD44F8AA • Client directed Design Revisions after the completion of the Design Development phase or Value Engineering after Construction Documents • Fee and Schedule may be adjusted, with prior approvals, subject to any unforeseen impacts due to the current COVID 19 Pandemic State, Local and Federal requirements. All other conditions of the Original Signed Agreement remain the same. Thank you for this opportunity to be of service. Sincerely, Mark Baker, AIA Principal Architect CA License No. C-18627 ACCEPTED BY: _________________________________________________ BY DATE _________________________________________________ NAME POSITION/COMPANY PSA20-921TRAN 6 of 9 DocuSign Envelope ID: FFDFA4FD-4BA3-4983-918A-C118BD44F8AA Work Authorization Request No. 1 April 21, 2020 Revision #1 Mr. Mark Baker Principal Sillman Wright Architects PROJECT: Carlsbad Safety Center Tenant Improvement RE: Existing Air Handling Unit Repair and Upgrade IDS #: 19D012.XX SCOPE OF WORK: The scope of work includes the repair and upgrade of the existing main air handling units serving the first and second floor of the Carlsbad Safety Center. Our tasks include: •Replacement of existing fans with custom, fan wall array•Replacement of existing cooling coils with new cooling coils including CHW control valves.•Replacement of all motorized dampers for outside air and return air•Replacement and upgrade of DDC AHU controls to monitor and control all new AHU components. Interface to existing BMS shall be provided.•Existing AHU housing is intended to be re-used as it appears to be in adequate condition.•Replacement of return air sound trap for AH-2 FEES: Our total additional fee for all the listed additional scope of work is per the following: • Design Development $12,034.00 • Bidding & Plan Review $6,017.00 • Construction Admin $9,025.00 • Project Closeout $3,008.00 --------------------------------------------------------------------------0 o Total $30,085.00 Note: We will only proceed upon receipt of the signed authorization. CURRENT HOURLY RATES: Principal - $190.00 Assoc Principal - $178.00 Senior Engineer – $146.00 Designer - $120.00 Drafter - $105.00 Admin - $55.00 Invoices are due 30 days from their date and will accrue interest at the rate of 10% per annum beginning 30 days after your receipt of payment of the prime contract fees. If an invoice becomes delinquent for any reason we have the right to suspend services and withhold or withdraw instruments of service pending payment. We have the right to be reimbursed for attorney’s fees and reasonable related costs incurred in collection efforts. APPROVAL (NEXT PAGE): Reimbursable Expenses: Non-Billable X Billable Construction Documents Lump Sum: Hourly PSA20-921TRAN 7 of 9 DocuSign Envelope ID: FFDFA4FD-4BA3-4983-918A-C118BD44F8AA APPROVAL: This proposal for consulting engineering services is accepted and all conditions are agreed. Client/Company: ________________________________________ Date: ______________________ By: ___________________________________________________Title: _______________________ PSA20-921TRAN 8 of 9 DocuSign Envelope ID: FFDFA4FD-4BA3-4983-918A-C118BD44F8AA Carlsbad Safety Center Renovation Command Post Infrastructure - Location | Not to Scale | 04.02.20 | 1 of 1 Original proposed location Alternate location #1 (selected) Alternate location #2 Electrical room Same trench as generator EXHIBIT - A PSA20-921TRAN 9 of 9 DocuSign Envelope ID: FFDFA4FD-4BA3-4983-918A-C118BD44F8AA DocuSign Envelope ID: 39B0E0CD-299D-4FEE-8338-DF38D3490A96 PSA20-921TRAN AMENDMENT NO. 1 TO AMEND AND EXTEND AGREEMENT FOR SAFETY CENTER DESIGN SERVICES -STRUCTURAL UPGRADE SILLMAN WRIGHT ARCHITECTS This Amendment No. 1 is entered into and effective as the 7th day of May, 2020, amending and extending the Agreement dated November 25, 2019 (the 'Agreement') by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and SILLMAN WRIGHT ARCHITECTS, a California corporation, ("Contractor") (collectively, the "Parties") for Safety Center Design Services -Structural Upgrade. RECITALS A. The Parties desire to alter the Agreement's scope of work to increase the design services to include the structural engineering and additional design work necessary for the building to comply with the Essential Services Building Seismic Safety Act; and B. The Parties desire to extend the Agreement for a period of one (1) year ending November24,2022;and C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A" Scope of Services and Fee, for a total amount of three hundred sixty-five thousand, two hundred twenty- five thousand dollars ($365,225): and D. Contractor has the necessary experience in providing professional services and advice related to design services. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total Agreement amount shall not exceed nine hundred seventy-six thousand, four hundred thirty-nine dollars ($976,439). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a percentage complete basis not-to-exceed three hundred sixty-five thousand, two hundred twenty-five dollars ($365,225). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by November 24, 2022. 4. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. City Attorney Approved Version 6/12/18 1 of 11 May 5, 2020 Item #3 Page 6 of 17 DocuSign Envelope ID: 39B0E0CD-299O-4FEE-8338-DF38O3490A96 PSA20-921 TRAN 6. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR SILLMAN WRIGHT ARCHITECTS, a California corporation By: (sign here) Brett Tullis, President (print name/title) By: (sign here) Larry Sillman, Principal Architect (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: 'lf{_~/j// Matt Hall, Mayor ATTEST: 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 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 BY: ______ <;2_o_,.,_~_-'?,___ ___ _ Assistant City Attorney City Attorney Approved Version 6/12/18 2 of 11 May 5, 2020 Item #3 Page 7 of 17 DocuSign Envelope ID: 39BDEDCD-299D-4FEE-8338-DF38D3490A96 EXHIBIT "A" SCOPE OF SERVICES AND FEE Itemized List of what Contractor will do for City and at what price. 1. 2. 3. 4. 5. Architectural Design Services Structural Engineering Design Services Mechanical/Electrical/Plumbing Design Services Technology Systems Engineering Cost Estimating (earlier that 100% CD stage) NOT-TO-EXCEED TOTAL (inclusive of reimbursable expenses) PSA20-921 TRAN $61,890 $280,000 $12,500 $4,000 $6,835 $365,225 City Attorney Approved Version 6/12/18 3 of 11 May 5, 2020 Item #3 Page 8 of 17 DocuSign Envelope ID: 39B0E0CD-299D-4FEE-8338-DF38D3490A96 SllLJ\All WQ IC T f\k IH: T March 27, 2020 Mr. Steve Stewart Municipal Project Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 APPENDIX "A" PSA20-921 TRAN Project: Subject: City of Carlsbad -Public Safety and Service Center Renovation Additional Services -Design Services for an Essential Facility Performance Level Add Service #: 01 Dear Steve Sillman Wright Architects (Architect) are pleased to provide the City of Carlsbad (Client) with this proposal for Additional Services for the Design, Plan Check Processing and Construction Administration Services for the Structural Retrofitting of the Primary Structure and the Seismic Bracing of Non-Structural Equipment to achieve an "Essential Facility Performance" level. Work is to be performed for the City of Carlsbad -Public Safety and Service Center building, located at 2560 Orion Way, Carlsbad, CA. Project Description The Project is currently in the 50% Design Development phase. The Client has requested the Architect to begin to evaluate a way to incorporate the Scope of Work mentioned below, being sensitive to Construction Cost impact. The Project aims to Seismically Retrofit the existing Building, approximately 48,000 GSF, to an Essential Facility Performance level. In order to comply with the Essential Services Buildings Seismic Safety Act of 1986 (ESBSSA), the majority of the burden falls with structurally retrofitting the building to achieve an "Immediate Occupancy Structural Performance Level (S-1)", as defined in ASCE 41-17, whereby the structure remains safe to occupy and essentially retains its pre-earthquake strength and stiffness following an earthquake. The retrofitting of the structural system is identified in the 2016 -Seismic Assessment Report produced by IDS Groups. Non-Structural Equipment and Systems will be seismically braced to "Operational Non- Structural Performance Level (N-A)" per ASCE 41-17. The legislature states that "Nonstructural Components vital to the operation of essential services buildings shall also be able to resist, insofar as practical, the forces generated by earthquakes, gravity, fire, and winds. The design team recognizes that certain Non-Structural components housed in essential services buildings, including, but not limited to, communications systems, main transformers and switching equipment, and emergency backup systems, are essential to facility operations and that these nonstructural components should be given adequate consideration during the design and construction process to assure, insofar as practical, continued operation of the building after a disaster." The anticipated Non-Structural upgrades include: 4 of 11 May 5, 2020 Item #3 Page 9 of 17 DocuSign Envelope ID: 39B0E0CD-299D-4FEE-8338-DF38D3490A96 APPENDIX "A" PSA20-921 TRAN • Architectural components: Cladding and glazing, veneer and other Non- Structural walls, partitions, ceilings, etc. • Mechanical equipment and systems: Boilers, furnaces, pumps, chillers, fire suppression equipment and piping, HVAC equipment and ductwork, HVAC equipment mounted in line with ductwork, etc. • Electrical and communications equipment and systems: Electrical and communications equipment and distribution systems, emergency power equipment, light fixtures, and emergency lighting, etc. • Furnishings and interior equipment: Storage racks, contents, computer access floors, computer and communication racks, elevators, etc. Additional coordination efforts will be necessary with Mechanical, Plumbing, Electrical, Lighting, Fire Protection, Low voltage, Cost Estimating and some Site Improvements. The Construction Cost is estimated to be approximately $5,500,000, based on locating the structural retrofit systems on the Exterior of the building. It is difficult to quantify the potential cost impact for locating the Structural Retrofit System on the Interior of the building because the magnitude of relocation of existing components to accommodate the new structural system is unknown. However, an Interior Retrofit would likely result in a 10% increase to the Project Costs at a minimum. Scope of Work The Scope of Work consists of meeting with the Client to determine the Seismic Retrofitting Solution that best fits the end-users needs, reduces cost impact and minimizes the need to extend the Conceptual Schedule. Based on meetings with the Client, the Architect and Consultants will update the Design Development documents for review and approval by the Client. Based on the approved Design Development documents, the Architect and Consultants shall incorporate the Client comments and work towards the completion of the 100% Construction Documents. During this process, the following services will take place: • Perform Site Survey, development of primary building structure As-builts and material testing program • Perform ASCE-41 Tier 3 Dynamic Analysis/ structural and develop seismic and bracing calculations • Construction Documents for the seismic retrofit, of the primary building structure and retrofitted components • Develop seismic retrofit for Non-Structural equipment • Coordinate with design team regarding impacted finishes, equipment and building systems • The 50% Construction Document deliverable will be used as the basis for a third-party cost estimate • Assist the Client in obtaining building department approval • Provide Construction Administration support services The changes proposed are not currently in the Scope of Work and are considered Additional Services. 5 of 11 May 5, 2020 Item #3 Page 10 of 17 DocuSign Envelope ID: 39B0E0CD-299D-4FEE-8338-DF38D3490A96 APPENDIX "A" PSA20-921 TRAN Conceptual Schedule The Design Schedule shall be extended by six (6) weeks to complete the design. Due to the accelerated nature of the services requested, the Architect and Consultants will work diligently to complete the work within the timeframe mentioned above but may be subject to change if it is determined that the existing conditions do not reflect the "As-Built" Documents. Client Provided Documents Client to provide Architect with requested information within a reasonable time frame as to not delay the design process. Architect may rely on the accuracy and completeness of these items. Fee: Architecture Structural Mechanical/Pluming Technology Estimating Additional Fee Estimates for Scope (by others) • Supplemental Geotechnical Report: • Material Testing Contractor: Project Assumptions and Exclusions Grand Total: $61,890 $280,000 $12,500 $4,000 $6,835 $365,225 $5,000 -$10,000 $10,000 -$15,000 • Documents prepared by the Architect will be prepared based upon reasonable assumptions derived from existing information provided by the Client and from limited observation of accessible and visible existing conditions by the Architect and Consultants without the benefit of extensive field measurements and investigation prohibited by expense and inconvenience to the Client. • It is understood and agreed that unforeseen conditions uncovered during the progress of the Project may require changes in the Project, resulting in additional cost and delay. • Civil and Landscape services • Additional Cost Estimates beyond the one estimate at the 100% Design Development phase • Production Renderings • Client directed Design Revisions after the completion of the Design Development phase or Value Engineering after Construction Documents • Material Testing of selected structural materials will be required, provided by others • Supplemental Geotechnical Report 6 of 11 May 5, 2020 Item #3 Page 11 of 17 DocuSign Envelope ID: 39B0E0CD-299O-4FEE-8338-DF38O3490A96 APPENDIX "A" PSA20-921TRAN • Operational requirements for essential facility function beyond the seismic retrofit of the existing structure and the existing Non-Structural Elements and Components are not included. • Proposed Conceptual Schedule is based on conducting and obtaining Material Testing report in a timely manner. • Fee and Schedule may be adjusted, with prior approvals, subject to any unforeseen impacts due to the current COVID 19 Pandemic State, Local and Federal requirements. All other conditions of the Original Signed Agreement remain the same. Thank you for this opportunity to be of service. Sincerely, Mark Baker, AIA Principal Architect CA License No. C-18627 ACCEPTED BY: BY NAME POSITION/COMPANY DATE 7 of 11 May 5, 2020 Item #3 Page 12 of 17 DocuSign Envelope ID: 39B0E0CD-299D-4FEE-8338-DF38D3490A96 March 23, 2020 REVISION #1 Mark Baker Sillman Wright Architects, Inc. 7515 Metropolitan Drive, Suite 400 San Diego, CA 92108 APPENDIX "A" RE: City of Carlsbad Public Safety Center Renovation Carlsbad, CA Dear Mark: PSA20-921 TRAN Per your request, IDS is pleased to submit this proposal to provide structural engineering design and construction administration services for the seismic retrofit of the existing City of Carlsbad Public Safety and Service Center building located at 2560 Orion Way, Carlsbad, CA to an Essential Facility seismic performance level. Project Description and Design Criteria: The project aims to seismically retrofit the subject building, approximately 48,000 GSF, to an Essential Facility performance level as outlined below: Structural Performance: The building structure will be retrofitted to achieve an "Immediate Occupancy Structural Performance Level (S-1)", as defined in ASCE 41-17, whereby the structure remains safe to occupy and essentially retains its pre-earthquake strength and stiffness following an earthquake. Non-structural Performance: The building's non-structural equipment and systems will be seismically braced, if not already, to essentially an "Operational Nonstructural Performance Level (N-A)" per ASCE 41-17. These systems will include: • Architectural components: Cladding and glazing, veneer and other nonstructural walls, partitions, ceilings, etc. • Mechanical equipment and systems: Boilers, furnaces, pumps, chillers, fire suppression equipment and piping, HVAC equipment and ductwork, HVAC equipment mounted in line with ductwork, etc. • Electrical and communications equipment and systems: Electrical and communications equipment and distribution systems, emergency power equipment, light fixtures, and emergency lighting, etc. • Furnishings and interior equipment: Storage racks, contents, computer access floors, computer and communication racks, elevators, etc. Our "Seismic Assessment Report for the City of Carlsbad Safety Center", issued by IDS Group on 10/14/2016, will be reviewed as a basis; however, as we perform Tier-3 dynamic analysis many more options will be considered, including adding braced frames, retrofitting the existing moment frames while adding more moment-frames, adding buckling-restrained braced frames, adding viscous dampers, etc. The aim will be to minimize any seismic retrofit work inside the 8 of 11 May 5, 2020 Item #3 Page 13 of 17 DocuSign Envelope ID: 39B0E0CD-299D-4FEE-8338-DF38O3490A96 APPENDIX "A" PSA20-921 TRAN building as well as to mmImIze impact on cost, impact on aesthetic as well as impact on operation/phasing during construction. We understand that the seismic retrofit work will coincide, and will be closely coordinated, with the interior renovation work currently under design, which includes partitions, doors, finishes, specialties, plumbing systems, fire protection systems, HVAC systems, electrical systems, lighting upgrades, low voltage upgrades, and minor site improvements. We understand that the construction cost is estimated to be approximately $5.5M. Scope of our Services: We will provide structural engineering design and construction administration services for the seismic retrofit of the subject building as outlined above. Our work will include: • Perform site survey, development of primary building structure As-builts and material testing program • Perform ASCE-41. Tier 3 Dynamic Analysis/ structural and develop seismic and bracing calculations • Develop Schematic, Design Development and Construction Documents for the seismic retrofit, of the primary building structure and retrofitted components • Coordinate with the design team regarding impacted finishes and MEP equipment and systems, as needed • Assist the city in obtaining building department approval • Provide Construction Administration support services Fee and Schedule: We propose to provide our structural engineering scope of work above for lump-sum fee of $280,000.00, as follows: • Design Phase fee: • CA Phase fee: $235,000.00 $45,000.00 Additional Fee Estimates for Scope by others: • Supplemental Geotechnical Report: • Material Testing Contractor: $5,000 -$10,000 $10,000 -$15,000 We estimate the Design Phase duration to be three (3) months from the Notice to Proceed. Project Assumptions and Exclusions: The scope of services is limited to the specific, explicit scope statements set forth above. Additionally, please note the following: • A supplemental geotechnical/geohazard report will be required indicated site specific ground motion will be required, provided by others. 9 of 11 May 5, 2020 Item #3 Page 14 of 17 DocuSign Envelope ID: 39B0E0CD-299D-4FEE-8338-DF38O3490A96 APPENDIX "A" PSA20-921 TRAN • Material testing of selected structural materials will be required, provided by others • Operational requirements for essential facility function beyond the seismic retrofit of the existing structure and the existing nonstructural elements and components are not included • Construction Administration phase meetings will be limited to as required to provide code-required structural observations • Attendance at weekly OAC meetings or otherwise are not included • Support of architectural and MEP engineering project teams will be required during field investigation and design phase to help access nonstructural components and equipment, and to provide information on MEP equipment and systems needed for seismic bracing assessment and calculations (functions/use, cut-sheets, weights, CG locations, etc.) • Our proposed schedule is based on conducting and obtaining material testing report in a timely manner • Our fee and schedule may be adjusted, with prior approvals, subject to any unforeseen impacts due to the current pandemic All existing project's terms and conditions to remain the same. Thank you for giving us the opportunity to propose our services. Please do not hesitate to call me at 619-768-6784 if you require further information regarding this proposal and fee. We look forward to working with you. Sincerely, IDS Group, Inc. / :,-,/ ,.,. .. E atzl, P.E., LEED AP Associate Principal cc: Rami Elhassan, Principal, IDS Elwood Smietana, Associate Principal, IDS Maggie Argueta, Administration, IDS Brianna Rice, Administration, IDS 10 of 11 May 5, 2020 Item #3 Page 15 of 17 DocuSign Envelope ID: 39B0E0CD-299D-4FEE-8338-DF38D3490A96 APPENDIX "A" PSA20-921 TRAN This authorizes IDS Group, Inc. (IDS) to perform the Scope of Work outlined in this proposal. The Terms and Conditions of this agreement are according to attached document. Mark Baker -Sillman Wright Architects Client Signature Date Print Name, Title 11 of 11 May 5, 2020 Item #3 Page 16 of 17 SILLWRl-01 DIMEOLAA ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 4/6/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE67768 ~~~?,CT Ali Smith IOA Insurance Services r:,g_NJo. Ext): (619) 788-5795 50206 I FAX 4370 La Jolla Village Drive (AJC. No):(619) 574-6288 Suite 600 i~DA~~ss, Ali.Smith@ioausa.com San Diego, CA 92122 INSURERISl AFFORDING COVERAGE NAIC# INSURER A: RLI Insurance Comoanv 13056 INSURED INSURER B , AXIS Insurance Comoanv 37273 Sillman Wright Architects INSURER C: 7515 Metropolitan Dr. Ste 400 INSURER D: San Diego, CA 92108 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE DF INSURANCE ADDL SUBR POLICY NUMBER ~9LICY ~~~ POLICY EXP LIMITS ITR ,u.,n ..... , .. ... A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 f·-□ CLAIMS-MADE 00 OCCUR DAMAGE TO RENTED 1,000,000 X X PSB0005063 1/12/2020 1/12/2021 PREMISES /Ea occurrencA\ $ X Cont Liab/Sev of Int f-----MED EXP /Anv one oerson) $ 10,000 f-----PERSONAL & ADV INJURY $ 1,000,000 2,000,000 q•L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ [!]PRO-□ 2,000,000 POLICY JECT LDC PRODUCTS -COMP/OP AGG $ OTHER: Deductible $ 0 A ~OMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident\ $ 1,000,000 ANY AUTO X PSB0005063 1/12/2020 1/12/2021 BODILY INJURY /Per oerson) $ f-----OWNED r-SCHEDULED f-----AUTOS ONLY f-----AUTOS BODILY INJURY /Per accidentl $ X ~LRlJlsoNLY X NON-OWNED lP~?~c?c~di;;:;t~AMAGE $ x f---AUTOS ONLY No Co. Owned Deductible 0 Autos $ A X UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 2,000,000 f-----PSE0002245 1/12/2020 1/12/2021 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I X I RETENTION $ 0 $ A WORKERS COMPENSATION XI ~¥fTUTE I I OTH- AND EMPLOYERS" LIABILITY ER Y/N X PSW0002501 4/20/2020 4/20/2021 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 B Professional Liab. AEA000389052019 12/30/2019 12/30/2020 Per Claim 2,000,000 B Ded. $25k Per Claim AEA000389052019 12/30/2019 12/30/2020 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remark& Schedule, may be attached If more space is required) Re: All Operations City of Carlsbad is Additional Insured with respect to General/Hired & Non-Owned Auto Liability per the attached endorsement as required by written contract. Insurance is Primary and Non-Contributory. Waiver of Subrogation applies to General Liability and Workers' Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad/CMWD AUTHORIZED REPRESENTATIVE c/o EXIGIS, LLC I. ~~~-uQ_ 38975 Sky Canyon Dr., Suite 103 IU,·--' ·•-r.A Q?o;l;"I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: Sillman Wright Architects Policy Number: PSB0005063 RU Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION II -LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product-completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION Ill H.2. Other Insurance -COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II - LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share wrth that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered mto that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION Ill K. 2. Transfer of Rights of Recovery Against Others to Us -COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II - LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 0212 Page 1 of 1 Named Insured: Sillman Wright Architects WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Policy Number: PSW0002501 WC 040306 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be __ % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before the loss Schedule Job Description Jobs performed for an person or organization that you have agreed with in a written contract to provide this agreement 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 SILLWRl-01 DIMEOLAA ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 11/7/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE67768 coNTACT Ali Smith _l!_AME;;_ IOA Insurance Services r1:gN:o, Ext): (619) 788-5795 50206 I FAX 4370 La Jolla Village Drive (AIC, No):(619) 574-6288 Suite 600 ~ttJ~ss: Ali.Smith@ioausa.com San Diego, CA 92122 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: RLI Insurance Comoanv 13056 ----------- INSURED lfl!l!URER B: AXIS Insurance Company 37273 ----- Sillman Wright Architects IN~_U~_ER C : ----------- ------------ 7515 Metropolitan Dr. Ste 400 INSURER D : ___ San Diego, CA 92108 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. --------------~----------INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMM/DD/YYYYl IMM/DD/YYYYl A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~-7 CLAIMS-MADE [K] OCCUR X PSB0005063 1/12/2019 1/12/2020 DAMAGE TO RENTED 1$ 1,000,000 J>REMISESJEa occurrence] ------------ X Cont Liab/Sev of Int ----------MED EXP (Any one person) $ 10,000 1,000,000 PERSONAL & ADV INJURY $ ----- 2,000,Mo GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE l ~ POLICY [K] ~rg: n LOC ------ P_R_ODUCTS :_COMF'/OP A_(,_(3_ _l 2,000,000 OTHER: Deductible $ 0 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 -_{Ea accidenJl __ ---$ ANY AUTO X PSB0005063 1/12/2019 1/12/2020 BODILY INJURY _ _(Pta_r__p_e_~onJ . -~ --·-OWNED SCHEDULED AUTOS ONLY AUTOS -BODILY INJURY (Per accident\ $ - - X HIRED X NON-OWNED /P~?~tc~d~t?AMAGE $ AUTOS ONLY AUTOS ONLY X No Co. Owned X Ded.: $0 Autos $ A X UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 2,000,000 -- EXCESS LIAB CLAIMS-MADE PSE0002245 1/12/2019 1/12/2020 AGGREGATE $ 2,000,000 ~ DED I X I RETENTION$ 0 $ A WORKERS COMPENSATION X I PER L I OTH-AND EMPLOYERS' LIABILITY STATUTE _ ER Y/N PSW0002501 4/20/2019 4/20/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L0 EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under -------- DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 B Prof Liab/Clms Made AEA000389042018 12/30/2018 12/30/2019 Per Claim 2,000,000 B Ded. $25k Per Claim AEA000389042018 12/30/2018 12/30/2019 Aggregate 4,000,000 -v DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Safety Center Design Services -RFP No. 20-863TRAN The City of Carlsbad is Additional Insured with respect to General/Hired & Non-Owned Auto Liability per the attached endorsement as required by written contract. Insurance is Primary and Non-Contributory. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad/ CMWD AUTHORIZED REPRESENTATIVE c/o EXEGIS Insurance Compliance Services \-~ill~ ~.t& P.O. Box 4668 -ECM #35050 INew York NY 10163-41':l':R ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: Sillman Wright Architects Policy Number: PSB0005063 RU Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM -SECTION II ---LIABILITY 1. C. WHO IS AN INSURED Is amended to include as an additional insured any person or organization that you agree In a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advert1s1ng inJury" caused in whole or In part by you or those acting on your behalf a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you: or c. In connection with 'your work" and included within the 'product-completec! operations hazard". 2. The insurance provided to the additional insured by this encforsement Is limited as follows a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically Is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance 3. The following Is added to SECTION Ill H.2. Other Insurance -COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II - LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance Is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that a. The "bodily inJury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advert1s1ng injury" for which coverage Is sought arises out of an offense committed after you have entered into that contract or agreement 4. The following Is added to SECTION Ill K. 2. Transfer of Rights of Recovery Against Others to Us -COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II - LIABILITY) We waive any rights of recovery we may have against any persor or organization because of payments we make for "bodily inJury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising inJury" offense is committed ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 0212 Page 1 of 1 Named Insured: Sillman Wright Architects WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Policy Number: PSW0002501 WC 0403 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be __ % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before the loss Schedule Job Description Jobs performed for an person or organization that you have agreed with in a written contract to provide this agreement