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HomeMy WebLinkAboutPage and Turnbull Inc; 2021-05-28; PSA21-1503FACPSA21-1503FAC Magee Park Facility Condition Assessment City Attorney Approved Version 6/12/181 AGREEMENT FOR MAGEE PARK FACILITY CONDITIONS ASSESSMENT SERVICES PAGE & TURNBULL, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and Page & Turnbull, Inc., a California corporation, ("Contractor"). RECITALS A.City requires the professional services of an architectural consultant that is experienced in restoration and preservation of historic structures. B.Contractor has the necessary experience in providing professional services andadvice related to developing a conditions assessment of the structures at Magee Park. C.Contractor has submitted a proposal to City and has affirmed its willingness andability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORKCity retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibits "A" and “B”, which are incorporated by thisreference in accordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCEWhile performing the Services, Contractor will exercise the reasonable professional care and skillcustomarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment whileexercising its professional skill and expertise. 3.TERMThe term of this Agreement will be effective for a period of one (1) year from the date first abovewritten. The City Manager may amend the Agreement to extend it for one additional one (1) yearperiods or parts thereof. Extensions will be based upon a satisfactory review of Contractor'sperformance, City needs, and appropriation of funds by the City Council. The parties will preparea 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 will not exceed twenty-nine thousand eighthundred fifty dollars ($29,850). No other compensation for the Services will be allowed except foritems covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specifiedin Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit"A". 6. PREVAILING WAGE RATESAny construction, alteration, demolition, repair, and maintenance work, including work performedduring design and preconstruction such as inspection and land surveying work, cumulatively DocuSign Envelope ID: 2E869129-8B85-46FA-9323-1D5DC37CC7DC May 28th PSA21-1503FAC Magee Park Facility Condition Assessment City Attorney Approved Version 6/12/182 exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7.STATUS OF CONTRACTORContractor will perform the Services in Contractor's own way as an independent contractor andin pursuit of Contractor's independent calling, and not as an employee of City. Contractor will beunder control of City only as to the result to be accomplished, but will consult with City asnecessary. The persons used by Contractor to provide services under this Agreement will not beconsidered 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 ofContractor or any agent, employee, or subcontractor of Contractor for work done under thisAgreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8.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 theacts and omissions of Contractor's subcontractor and of the persons either directly or indirectlyemployed by the subcontractor, as Contractor is for the acts and omissions of persons directlyemployed by Contractor. Nothing contained in this Agreement will create any contractualrelationship between any subcontractor of Contractor and City. Contractor will be responsible forpayment of subcontractors. Contractor will bind every subcontractor and every subcontractor ofa 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. 9.OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10.INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employeesand volunteers from and against all claims, damages, losses and expenses including attorney’sfees 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 orindirectly employed by any of them or anyone for whose acts any of them may be liable. DocuSign Envelope ID: 2E869129-8B85-46FA-9323-1D5DC37CC7DC PSA21-1503FAC Magee Park Facility Condition Assessment City Attorney Approved Version 6/12/183 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. 11.INSURANCEContractor will obtain and maintain for the duration of the Agreement and any and allamendments, 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’sagents, representatives, employees or subcontractors. The insurance will be obtained from aninsurance 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 surplusline insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a ratingin the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed bythe National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 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. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 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. 11.1.3 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. 11.1.4 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. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. DocuSign Envelope ID: 2E869129-8B85-46FA-9323-1D5DC37CC7DC PSA21-1503FAC Magee Park Facility Condition Assessment City Attorney Approved Version 6/12/184 11.2.3 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. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 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. 12.BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of theAgreement, as may be amended from time-to-time. 13.ACCOUNTING RECORDSContractor will maintain complete and accurate records with respect to costs incurred under thisAgreement. 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 andany other documents created pursuant to this Agreement. Contractor will allow inspection of allwork, 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. 14.OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuantto this Agreement is the property of City. In the event this Agreement is terminated, all workproduct produced by Contractor or its agents, employees and subcontractors pursuant to thisAgreement will be delivered at once to City. Contractor will have the right to make one (1) copyof the work product for Contractor’s records. 15.COPYRIGHTSContractor 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. /// /// /// /// /// /// DocuSign Envelope ID: 2E869129-8B85-46FA-9323-1D5DC37CC7DC PSA21-1503FAC Magee Park Facility Condition Assessment City Attorney Approved Version 6/12/185 16.NOTICESThe name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Brian Bacardi Name John Lesak Title Public Works Superintendent Title Project Manager Department Public Works Address 417 South Hill Street, Suite 211 City of Carlsbad Los Angeles, CA 90013 Address 1635 Faraday Av Phone No. 213-221-1203 Carlsbad, CA 92008 Email lesak@page-turnbull.com Phone No. 760-434-2943 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. 17.CONFLICT OF INTERESTContractor 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 reportinvestments or interests in all categories. Yes No 18.GENERAL COMPLIANCE WITH LAWSContractor will keep fully informed of federal, state and local laws and ordinances and regulationswhich in any manner affect those employed by Contractor, or in any way affect the performanceof 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 serviceswith 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. 19.DISCRIMINATION AND HARASSMENT PROHIBITEDContractor will comply with all applicable local, state and federal laws and regulations prohibitingdiscrimination and harassment. 20.DISPUTE RESOLUTIONIf 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 agreementbetween the parties. Representatives of Contractor or City will reduce such questions, and theirrespective views, to writing. A copy of such documented dispute will be forwarded to both partiesinvolved along with recommended methods of resolution, which would be of benefit to bothparties. The representative receiving the letter will reply to the letter along with a recommendedmethod of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactoryto the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The DocuSign Envelope ID: 2E869129-8B85-46FA-9323-1D5DC37CC7DC PSA21-1503FAC Magee Park Facility Condition Assessment City Attorney Approved Version 6/12/18 6 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. 21. 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 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. 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. 23. 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. 24. 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 DocuSign Envelope ID: 2E869129-8B85-46FA-9323-1D5DC37CC7DC PSA21-1503FAC Magee Park Facility Condition Assessment City Attorney Approved Version 6/12/18 7 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. 25. 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. 26. 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 2E869129-8B85-46FA-9323-1D5DC37CC7DC PSA21-1503FAC Magee Park Facility Condition Assessment City Attorney Approved Version 6/12/18 8 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California PAGE & TURNBULL, INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager John Lesak, Vice President (print name/title) By: (sign here) Carolyn Kiernat, Secretary (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: 2E869129-8B85-46FA-9323-1D5DC37CC7DC PSA21-1503FAC Magee Park Facility Condition Assessment City Attorney Approved Version 6/12/18 9 EXHIBIT “A” SCOPE OF SERVICES Contractor shall provide a comprehensive conditions assessment report for four structures at Magee Park as outlined in the attached Page & Turnbull proposal dated May 17, 2021. DocuSign Envelope ID: 2E869129-8B85-46FA-9323-1D5DC37CC7DC 417 S. HILL STREET, SUITE 211 LOS ANGELES, CALIFORNIA 90013 TEL 213-221-1200 Imagining change in historic environments through design, research, and technology May 17, 2021 John Maashoff, P.E. Public Works Manager City of Carlsbad 405 Oak Avenue Carlsbad, CA 92008 Email: john.maashoff@carlsbadca.gov Re: Updated Proposal for Conditions Assessment for Four Buildings at Magee Park in Carlsbad, California (P19145) Dear John, Page & Turnbull is pleased to submit this updated proposal regarding preparation of a multidisciplinary condition assessment for the Magee House and three additional buildings located at Magee Park in Carlsbad, California. The Magee House is one of Carlsbad’s oldest structures, built in 1887 by Samuel Church Smith, one of the founders of Carlsbad Land and Water Company. The Craftsman cottage is made from pre-cut lumber, and now home to the Carlsbad Historical Society. In addition to the Magee House, other important heritage buildings included in the assessment are the Granary, Red Barn and Heritage Hall. We understand that the City of Carlsbad Historic Preservation Commission recently identified the Magee House as a “property of concern” and the condition assessment is needed to identify immediate needs and associated costs. Page & Turnbull will oversee the condition assessment and has over 45 years of experience providing historic preservation architectural and consulting services in cities and communities throughout California, including dozens of historic condition assessments. Structural assessments will be performed by Critical Structures who have completed many assessments of historic buildings; Mechanical, Electrical and Plumbing (MEP) will be surveyed by TK1SC Collaborative and J.R. Conkey & Associates will provide cost estimating for the assessment. We look forward to the opportunity to prepare a conditions assessment for this property. Page & Turnbull’s clients have found our conditions assessments to be invaluable tools for long-range budgeting and decision making regarding historic resources. The total fee to prepare condition assessments for the Magee House and three additional buildings at Magee Park would be $29,150.00. Additionally, expenses in the amount $700.00 are anticipated. PSA21-1503FACExhibit "A"DocuSign Envelope ID: 2E869129-8B85-46FA-9323-1D5DC37CC7DC Updated Proposal for Conditions Assessment for Four Buildings at Magee Park in Carlsbad, California (P19145) Page 2 of 4 PAGE & TURNBULL LOS ANGELES SACRAMENTO SAN FRANCISCO The following attachments are included in this proposal: •Exhibit A – Scope of Services •Exhibit B – Fee Summary •Page & Turnbull’s Professional Fee Schedule We look forward to the opportunity to work with the City of Carlsbad on this effort. Please feel free to contact me (213-221-1203 / lesak@page-turnbull.com) or our Project Manager, Drew Gorski (213-221- 1206 / gorski@page-turnbull.com) with any questions or comments. Page & Turnbull understands that our services will be secured under a standard City of Carlsbad contract with the same Terms and Conditions as other contracts we have held with the City. PAGE & TURNBULL By John D. Lesak, AIA, FAPT, LEED AP California Architect License No. C26607 Dated May 17, 2021 PSA21-1503FAC DocuSign Envelope ID: 2E869129-8B85-46FA-9323-1D5DC37CC7DC Updated Proposal for Conditions Assessment for Four Buildings at Magee Park in Carlsbad, California (P19145) Page 2 of 4 PAGE & TURNBULL LOS ANGELES SACRAMENTO SAN FRANCISCO EXHIBIT A – SCOPE OF SERVICES Page & Turnbull and our subconsultants will perform the following services at Magee Park for the City of Carlsbad. The Magee House, Granary, Red Barn and Heritage Hall are included in the scope of service. A single deliverable covering all four buildings is included in the scope. TASK 1: Condition Assessments of Four Buildings at Magee Park Subtasks: 1.A. Project Start-Up and Background Information: Gather and review available background materials for the buildings and prepare baseline information, including plans, for the site visit. 1.B. Visual Observations Site Visit: The Assessment Team consisting of architects and engineers will visit the site to document the existing conditions of the Magee House, Heritage Hall, Granary, and Red Barn. Information will be recorded by hand on drawings and through digital photographs. We have included a full-day site visit for the Team to assess the four buildings. 1.C. Site Visit Review Call: Assessment Team will participate in a GoTo Meeting with the Client to review key items observed during the site visit. 1.D. Draft Condition Assessment Summary Report: Process information obtained at the site visit and prepare a summary report documenting existing conditions. We have included time to address one-round of comments on the condition assessment draft report. 1.E. Cost Estimate: In conjunction with the Conditions Assessment Summary report, J.R. Conkey & Associates will prepare an estimate of probable costs for the items outlined in the report. 1.F. Review Call: A call will be held with the Client to review the draft conditions assessment summary report. 1.G. Final Condition Assessment Summary Report: Based on Client feedback a Final Report will be prepared. Deliverables: Conditions Assessment Draft and Final Summary Reports; Review Call Notes. Schedule: Site Visit to be conducted within two weeks of NTP. Site Visit Review Call will be held within 5 days of the site visit. The Draft Conditions Summary Report with preliminary costs will be delivered within 15 working days of the site visit. The entire Project can be completed in 6 weeks. PSA21-1503FAC DocuSign Envelope ID: 2E869129-8B85-46FA-9323-1D5DC37CC7DC Updated Proposal for Conditions Assessment for Four Buildings at Magee Park in Carlsbad, California (P19145) Page 2 of 4 PAGE & TURNBULL LOS ANGELES SACRAMENTO SAN FRANCISCO Exclusions This Scope of Services does not include: Inspection openings. Materials testing. Hazardous materials identification or abatement design. Assessment of site features and landscape. Development of as-built, measured drawings. Civil and geotechnical engineering services. Costs for a contractor to create and temporarily repair inspection openings to observe as built conditions. Costs for a contractor to prepare trial repairs. Development of design or construction drawings and specifications. Planning, plan-check, or permitting fees. Presentation to and/or attendance at public meetings or hearings. Magee Park gazebo. PSA21-1503FAC DocuSign Envelope ID: 2E869129-8B85-46FA-9323-1D5DC37CC7DC Magee Park, Carlsbad, CA| Building Condition Assessments Exhibit B - Fee Summary 1 Architecture & Preservation (Page & Turnbull)11,500.00$ 1 Structural Engineering (Critical Structures)7,000.00$ 1 Mechanical Engineering (TK1SC)2,750.00$ 1 Electrical Engineering (TK1SC)2,750.00$ 1 Plumbing Engineering (TK1SC)2,750.00$ 1 Cost Estimating (JR Conkey & Associates)2,400.00$ Subtotal Fee 29,150.00$ E Expenses 700.00$ Total Fee & Expenses 29,850.00$ Task Discipline Fee PAGE TURNBULL LOS ANGELES SACRAMENTO SAN FRANCISCO PSA21-1503FAC DocuSign Envelope ID: 2E869129-8B85-46FA-9323-1D5DC37CC7DC PAGE & TURNBULL LOS ANGELES SACRAMENTO SAN FRANCISCO JULY 2020 PROFESSIONAL FEES Staff Hourly Rates Founding Principal $295.00 to $380.00 per hour Principals $245.00 to $285.00 per hour Associate Principals $160.00 to $225.00 per hour Senior Associates $135.00 to $185.00 per hour Associates $135.00 to $150.00 per hour Architects $135.00 to $200.00 per hour Designers, Conservators & Planners $95.00 to $165.00 per hour Historians $95.00 to $160.00 per hour Administrative Personnel $85.00 to $160.00 per hour Architectural Assistants $85.00 to $100.00 per hour Reimbursables Reimbursable expenses shall include the following: •Cost of printing or duplication of drawings, specifications, reports, and cost estimates. •Tolls, parking fees, and local travel charged in accordance with IRS code. •Long distance telephone service and facsimile charges. •Cost of models, special renderings, photography, special printing of publications, maps, and other supplies required for the project. •Postage and delivery charges. •Fees for local licenses and permits required to perform professional services. •Travel, lodging, subsistence, and out-of-pocket expenses for authorized travel in connection with contract services. Administrative Fees Fees for consultant services and subcontractors retained with approval of client shall be billed at cost plus 10%. PSA21-1503FAC DocuSign Envelope ID: 2E869129-8B85-46FA-9323-1D5DC37CC7DC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 THISCERTIFICATE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 5/25/2021 Risk Strategies Company2040 Main Street, Suite 450Irvine, CA 92614 949-242-9240 www.risk-strategies.com CA DOI License No. 0F06675 Citizens Insurance Company of America 31534 Arch Insurance Company 11150 A $2,000,000OB3D4571351/1/2021 1/1/2022 $1,000,000 3 $10,000 3 $2,000,000 $4,000,000 $4,000,0003 A OB3D457135 1/1/2021 1/1/2022 $2,000,000 3 3 A OB3D457135 1/1/2021 1/1/2022 $5,000,00033 $5,000,000 3 0 B Professional Liability PAAEP0010805 1/1/2021 1/1/2022 Per Claim: $2,000,000 Aggregate: $4,000,000 Michael Christian Risk Strategies Company syoung@risk-strategies.com Page & Turnbull 170 Maiden Lane, 5th Fl. San Francisco CA 94108 61953453 3 City of Carlsbad is named as additional insured and primary/non-contributory clause applies to the general liability policy- The above policies contain a 30-day notice provision for non-renewal and cancellation, 10-day notice for non-payment of premium. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 Projects as on file with the insured including but not limited to Magee Park Facility Conditions Assessment, #PSA21-1503FAC. see attached endorsement. 61953453 | 21-22 GL-HNOA-UL-PL | Sherry Young | 5/25/2021 3:18:00 PM (PDT) | Page 1 of 4 No coverage is provided by this Notice, nor can it be construed to replace any provisions of the policy (including its endorsements). If there is any conflict between this Notice and the policy (including the endorsements), the provisions of the policy (including its endorsements) shall prevail.  Architects and Engineers The following policy language is from Businessowners General Liability Coverage Part NAMED INSURED: POLICY NUMBER: The following are mandatory forms on the policy identified on the Certificate of Insurance: 391-1586 (08-16) BUSINESSOWNERS GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT Additional Insured by Contract, Agreement or Permit A. Section II – Liability, C – Who is an insured is amended to include as an additional insured any person or organization with whom you agreed in a written contract, written agreement or permit but only respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by your acts or omissions; or the acts or omissions of those acting on your behalf, but only with respect to: (i) “Your work” for the additional insured(s) designated in the contract, agreement or permit including "bodily injury" or "property damage" included in the "products - completed operations hazard" only if this Coverage Part provides such coverage; (ii) Premises you own, rent, lease, or occupy; or (iii) Your maintenance, operation or use of equipment leased to you. *Definition: “Your work” a. Means: (1) Work or operations performed by you or on behalf; and (2) materials, parts or equipment furnished in connection with such work or operations; b. Includes (1) warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of “your work”; and (2) the providing of or failure to provide warnings or instructions. This provision does not apply: (1) Unless the written contract or written agreement has been executed or permit has been issued prior to the "bodily Injury”, “property damage”, “personal injury” or “advertising injury". (2) To any person or organization Included as an Insured by an endorsement Issued by us and made part of this Coverage Part. (3) To any lessor of equipment (a) After the equipment lease expires; or (b) If the "bodily Injury", "property damage", "personal injury" or "advertising Injury'' arises out of sole negligence of the lessor. (4) To any: (a) Owners or other Interests from whom land has been leased which takes place after the lease for the land expires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The “bodily injury”, “property damage”, “personal injury” or "advertising injury” arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (5) To “bodily injury”, “property damage” or “personal and advertising injury” arising out of the rendering of or failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved the rendering of or failure to render any professional services by or for you.  Other Insurance Primary & Non-Contributory The following paragraph is added to SECTION III – COMMON POLICY CONDITIONS, H – Other Insurance: Additional Insured – Primary and Non-Contributory. If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under SECTION II – Liability, C. Who is an Insured is primary and non-contributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss covered under SECTION II – LIABILITY of this Coverage Part, our obligations are limited as follows: (1) Primary Insurance: This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution from any other insurance available to the Additional Insured except: (a) For the sole negligence of the Additional Insured; (b) When the Additional Insured is an Additional Insured under another primary liability policy; or (c) When b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. (2) Excess Insurance: (a) This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; Page & Turnbull OB3D457135 61953453 | 21-22 GL-HNOA-UL-PL | Sherry Young | 5/25/2021 3:18:00 PM (PDT) | Page 2 of 4 No coverage is provided by this Notice, nor can it be construed to replace any provisions of the policy (including its endorsements). If there is any conflict between this Notice and the policy (including the endorsements), the provisions of the policy (including its endorsements) shall prevail.  (iii) That is insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION II - LIABILITY. B. Exclusions, 1. Applicable to Business Liability Coverage. (v) That is insurance available to you for your participation in any past or present "unnamed joint venture". (vi) That is any insurance you may have that provides coverage for your professional services. (b) When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (c) When this insurance is excess over other Insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (i) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (ii) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage part. (3) Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Per Project Aggregate The following changes are made to SECTION II - LIABILITY: 1. The following is added to SECTION II - LIABILITY, D. Liability and Medical Expenses Limits of Insurance, paragraph 4: The Aggregate Limits of Insurance apply separately to each of "your projects" or each "location" listed in the Declarations. 2. For the purpose of coverage provided by this endorsement only, the following is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Your project" means: a. Any premises, site or "location" at, on, or in which "your work" is not yet completed; and b. Does not include any "location" listed in the Declarations. 2. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.  Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and, b. Separately to each insured against whom claim is made or “suit” is brought. Waiver Of Subrogation The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV – COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization where required by written contract because of payments we make for injury or damage arising out of your ongoing operations or “your work” done under a contract with that person or organization and included in the “products-completed operations hazard”. This waiver applies only to the person or organization where required by written contract. Notice Of Cancellation For any statutorily permitted reason other than non-payment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to 90 Days. AUTHORIZED REPRESENTATIVE *From Hanover Forms: 391-1003 (08/16); 391-1445 (08/16); 391-1586 (08/16), 391-1003 (08/16) 61953453 | 21-22 GL-HNOA-UL-PL | Sherry Young | 5/25/2021 3:18:00 PM (PDT) | Page 3 of 4 00 AEP0126 00 10 18 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION This Endorsement modifies insurance provided under the Architects and Engineers Professional LiabilityInsurance Policy. It is agreed that in the event the Insurer cancels this Policy in accordance with SectiontheInsurermust also provide a written notice by mail of such cancellation, to the parties listed below,(30) days prior to such cancellation being effective, or (10) days prior to such cancellation being effectivein the event the Insurer cancels this Policy because the Insured failed to pay a premium or deductibleamount when due. All other terms and conditions of this Policy remain unchanged. Endorsement Number: Policy Number: Named Insured: This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 20. Cancellation, City of Milpitas - City Engineer 455 East Calveras Blvd. Milpitas, CA 95035 City of Tustin 300 Centennial Way Tustin, CA 92780 City of Carlsbad - Dept of Public Works 1635 Faraday Ave. Carlsbad, CA 92008 PAAEP0010805 Page & Turnbull, Inc. 01/01/2021 61953453 | 21-22 GL-HNOA-UL-PL | Sherry Young | 5/25/2021 3:18:00 PM (PDT) | Page 4 of 4