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Platt/Whitelaw Architects Inc; 2023-09-07; PSA24-2298FAC
PSA24-2298FAC City Attorney Approved Version 5/25/2023 Page 1 of 13 AGREEMENT FOR CALAVERA HILLS COMMUNITY CENTER REFURBISHMENT PROJECT ARCHITECTURAL SERVICES PLATT/WHITELAW ARCHITECTS, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2023, by and between the City of Carlsbad, California, a municipal corporation ("City"), and Platt/Whitelaw Architects, Inc., a California corporation ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in architectural support. B. Contractor has the necessary experience in providing professional services and advice related to architectural support. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period 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 not exceed thirty-one thousand two hundred sixty dollars ($31,260). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 September 7th PSA24-2298FAC City Attorney Approved Version 5/25/2023 Page 2 of 13 6. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 7. 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. 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 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 DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 PSA24-2298FAC City Attorney Approved Version 5/25/2023 Page 3 of 13 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. 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, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s 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. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 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. DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 PSA24-2298FAC City Attorney Approved Version 5/25/2023 Page 4 of 13 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. 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 the Agreement, as may be amended from time-to-time. 13. 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. 14. 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 DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 PSA24-2298FAC City Attorney Approved Version 5/25/2023 Page 5 of 13 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. 15. 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. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Molly Amendt Name Sandra Gramley Title Senior Engineer Title Project Manager Department Public Works Address 2251 San Diego Avenue, Suite B-250 City of Carlsbad San Diego, CA 92110 Address 1635 Faraday Ave Phone No. 619-546-4326 Carlsbad, CA 92008 Email sgramley@plattwhitelaw.com Phone No. 760-573-3368 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 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 as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 18. 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 DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 PSA24-2298FAC City Attorney Approved Version 5/25/2023 Page 6 of 13 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. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. 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. 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. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 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 DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 PSA24-2298FAC City Attorney Approved Version 5/25/2023 Page 7 of 13 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 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. [signatures on following page] DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 PSA24-2298FAC City Attorney Approved Version 5/25/2023 Page 8 of 13 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 PLATT/WHITELAW ARCHITECTS, INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Naveen Waney, President (print name/title) By: (sign here) Richard Strickland, Chief Financial Officer (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: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 August 23, 2023, Revised August 28, 2023 Molly Amendt, P.E., Senior Engineer Public Works, Fleet & Facilities Department City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Subject: Proposal for Architectural Services Calavera Hills Center, Add Services, Bid thru Project Closeout Project 4746 Dear Molly, Platt/Whitelaw Architects, Inc. is pleased to submit this proposal for architectural services in support of the above project. SCOPE OF WORK The scope of work is as follows: to provide bid services through project closeout. SCOPE OF SERVICES The Scope of Services is as follows: Bid Support Phase Construction Administration Phase Project Close‐out/Record Documents Phase Consultants: No consultants are anticipated so be part of the scope of this work. COMPENSATION Total Compensation for the scope of basic services described herein will be the T&M not to exceed fee of Thirty Thousand, Four Hundred Sixty and no/100 Dollars ($30,460.00) as indicated on the attached fee matrix dated 8/28/2023. Reimbursable Expenses Platt/Whitelaw also proposes to establish a fund in the sum of Eight Hundred and no/100 Dollars ($800.00) for the following reimbursable expenses incurred in the interest of the project, which will be billed, if and as incurred, at cost plus ten percent. Reimbursables will be invoiced as part of the monthly billing, and documentation of the expenses will be attached as back‐up. Reimbursable expenses may include submittal printing, record document printing, Mileage (current IRS rate), and deliveries/postage. Invoicing: Invoices will be submitted monthly based upon percentage completion of these services and, in the case of reimbursable expenses, actual expenses incurred. Payment is due within thirty days of receipt of invoice. Schedule: Construction period is anticipated to be 8 months. Additional Services Additional Services are those services not included in Basic and Other Services as noted herein. No Additional Services are anticipated at this time. Future Additional Services will be authorized in writing by the client, and compensation will be a negotiated lump sum or hourly fee. PSA24-2298FAC Exhibit "A" Page 9 of 13 DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 PLATT/WHITELAW ARCIDTECTS, JNC. Sandra S. Gramley AJA PRINCIPAL Naveen H. Waney, AlA PRINCIPAL Peter M. Soutowood SENIOR ASSOCIATE David M. Madigan ASSOCIATE Thomas E. Brothers ASSOCIATE 2251 San Diego Avenue (Old Town) Suite 8-250 San Diego, CA 92110 ph (619) 546-4326 fax (619) 546-4350 www. plattwh itelaw .com Molly Amendt 8/28/2023 Page 2 ASSUMPTIONS AND EXCLUSIONS In preparing this fee proposal, we have made certain assumptions about the scope of services, listed below. If incorrect, please advise me and I will revise the proposal. 1. Client is to pay processing fees for all other agency reviews and permits. 2. These fees are predicated on the understanding that this project will be advertised as a single bid package for approvals and construction. 3. Construction Submittal reviews are limited to one review and one re‐review per complete Submittal. 4. Construction period is assumed to be 8 months. 5. Construction Phase site visits included in scope are one per month, with additional meetings via Teams or virtual platform. Scope also includes two Punch walks. 6. Meetings and site visits beyond the number identified herein can be provided as additional services. 7. Any services over and above those listed in this proposal will be subject to additional fees. 8. Substitution Requests: Scope includes review of properly submitted Substitution Requests, to a maximum of four requests for the project. 9. Should project be put on hold at any point for six (6) months or longer, a project re‐ start fee and across‐the‐board escalation of awarded fees may be necessary. Thank you for the opportunity to submit this proposal, we look forward to working with you on the project. Should you have any questions or comments regarding the fee and scope of work, please do not hesitate to contact me at your convenience. Sincerely, PLATT/WHITELAW ARCHITECTS, INC. by Sandra S Gramley, AIA, LEED AP BD&C Principal Attachments: 2023 Billing Rates Fee Matrix dated 8/28/2023 PSA24-2298FAC Exhibit "A" (Cont.) Page 10 of 13 DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 Platt/Whitelaw Architects Inc. PROFESSIONAL RATES 01/01/2023 Category Hourly Rate Principal Architect ............................................................................................................ $249.00 Project Manager ............................................................................................................... $195.00 Project Architect ............................................................................................................... $182.00 Architect ........................................................................................................................... $164.00 Spec Writer ....................................................................................................................... $156.00 Project Coordinator .......................................................................................................... $129.00 CAD Tech 1 ....................................................................................................................... $120.00 CAD Tech 2 ......................................................................................................................... $92.00 Clerical ................................................................................................................................ $81.00 Personnel classifications may be amended based on potential staff changes. Any new classification will be subject to prior approval by the client. Reimbursable Expenses Direct costs will be invoiced at actual cost plus 10% markup. Reimbursable expenses will be invoiced as part of the monthly billing, and documentation of the expenses will be attached as back‐up. Printing & Plotting associated with submittals Delivery Costs/Postage and Shipping Parking Charges Photo Processing Mileage reimbursement (invoiced at IRS current rate per mile) Rates good through 12/31/2023 PSA24-2298FAC Exhibit "A" (Cont.) Page 11 of 13 DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 PLATT/WHITELAW ARCffiTECTS, fNC. Sandra S. Gramley, AIA PRINCIPAL Naveen H. Waney, AJA PRINCIPAL Peter M. Soutowood SENIOR ASSOCIATE David M. Madigan ASSOCIATE Thomas E. Brothers ASSOCIATE 2251 San Diego Avenue (Old Town) Suite B-250 San Diego, CA 92110 ph (619) 546-4326 fax (619) 546-4350 www. plattwh itelaw .com 1 Assessment & Options 2 Design Development Phase (30% Submittal) 3 Construction Documents (90% Submittal) 4 Plan Check Submittal 5 Bid & Award $9,841.00 $9,841.00 6 Construction Administration $18,931.00 $18,931.00 7 Project Close Out $1,688.00 $1,688.00 $30,460.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $30,460.00 OTHER SERVICES Fee Arch 10% Total a.$800.00 b.$0.00 c.$0.00 d.$0.00 OTHER SERVICES TOTAL $0.00 $0.00 $800.00 GRAND TOTAL NEW FEES (Basic Services Total + Other Services)$31,260.00 BASIC SERVICES TOTAL Mechanical/ Plumbing Engineer Electrical EngineerArchitect Reimbursables Audio Visual Consultant Landscape Architect Civil Engineer City of Carlsbad Platt/Whitelaw Architects, Inc. Summary Fee Matrix Cost Estimator Structural Engineer Fire Protection Engineer Phase/Task Calavera Hills Community Center 8/23/2023, Revised 8/28/2023 TOTAL PSA24-2298FAC Exhibit "A" (Cont.) Page 12 of 13 DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 Principal Architect Project Manager Project Architect Architect Specification Writer Project Coordinator CAD Tech 1 CAD Tech 2 Clerical $249.00 $195.00 $182.00 $164.00 $156.00 $129.00 $120.00 $92.00 $81.00 PHASE 1 1 Prep bid documents 44 $1,352.00 1.1 Respond to Contractor RFI's/substitutions 1 24 4 $5,097.00 1.2 Issue Addenda 12 4 $2,664.00 1.3 Assist City in reviewing bids 4 $728.00 1.4 $0.00 Hours 1 0 44 040800 Subtotal $249.00 $0.00 $8,008.00 $0.00 $624.00 $0.00 $960.00 $0.00 $0.00 $9,841.00 PHASE 2 2.1 Project meetings (Teams) one/month 1 16 $3,161.00 2.2 Site Visits (1/month, KO and Punch) 2 32 $6,322.00 2.3 Respond to RFI's 24 8 $5,328.00 2.4 Submittal reviews 20 4 $4,120.00 $0.00 $0.00 Hours 3 0 92 0 0 0 12 0 0 Subtotal $747.00 $0.00 $16,744.00 $0.00 $0.00 $0.00 $1,440.00 $0.00 $0.00 $18,931.00 PHASE 3 3.1 prepare close out documentation 4 8 $1,688.00 3.2 $0.00 3.3 $0.00 3.4 $0.00 Hours 004000800 Subtotal $0.00 $0.00 $728.00 $0.00 $0.00 $0.00 $960.00 $0.00 $0.00 $1,688.00 Total Hours 4 0 140 0 4 0 28 0 0 176 $996.00 $0.00 $25,480.00 $0.00 $624.00 $0.00 $3,360.00 $0.00 $0.00 $30,460.00 Phase/Task (2023) ARCHITECT FEE WORKSHEET City of Carlsbad Calavera Hills Community Center 8/23/2023, Revised 8/28/2023 TOTAL BASIC SERVICES TOTAL Bid & Award Construction Administration (assume 8 months construction time) Project Close Out PSA24-2298FAC Exhibit "A" (Cont.) Page 13 of 13 DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 I I 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 1/3/2023 Cavignac451 A Street, Suite 1800San Diego CA 92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property Casualty Company of America 25674 PLATARC-01 Travelers Indemnity Co of Conn 25682Platt/Whitelaw Architects, Inc.2251 San Diego Avenue, Suite B-250San Diego, CA 92110 Property & Casualty Ins. Co. of Hartford 34690 Aspen American Insurance Co.43460 91224996 A X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 Y 6806H128529 1/3/2023 1/3/2024 2,000,000 Deductible 0 B 1,000,000 X X X NoOwnedAutos BA3R476848 1/3/2023 1/3/2024 A X X 4,000,000CUP1979T49A1/3/2023 1/3/2024 4,000,000 X 0 C XY72WEGAC4E171/3/2023 1/3/2024 1,000,000 1,000,000 1,000,000 AD Bus. Personal PropertyProfessional Liability 6806H128529AAAE10035304 1/3/20231/3/2023 1/3/20241/3/2024 LimitEa Claim & Aggreg $697,429$2M/$4M Re: All Projects. Additional Insured coverage applies to General Liability for City of Carlsbad/CMWD per policy form. Primary and Non-Contributory coverageapplies to General Liability per policy form. Waiver of subrogation applies to Workers Compensation per policy form. Professional Liability - Claims made form,defense costs included within limit. Property - Special form, replacement cost. Excess/Umbrella policy follows form over underlying policies: General Liability,Auto Liability & Employers Liability (additional insured and waiver of subrogation apply). If the insurance company elects to cancel or non-renew coverage forany reason other than nonpayment of premium they will provide 30 days notice of such cancellation or nonrenewal. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 947Murrieta CA 92564 DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 ACORD® I ~ I ~ □ □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I POLICY NUMBER: BA-3R476848 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: WHEN WE DO NOT RENEW (Nonrenewal): PROVISIONS A.If we cancel this policy for any legally permittedreason other than nonpayment of premium, and anumber of days is shown for Cancellation in theSchedule above, we will mail notice ofcancellation at least the number of days shownfor Cancellation in such Schedule before theeffective date of cancellation. Number of Days Notice: 60 Number of Days Notice: 1 B.If we do not renew this policy for any legallypermitted reason other than nonpayment ofpremium, and a number of days is shown for When We Do Not Renew (Nonrenewal) in theSchedule above, we will mail notice ofnonrenewal at least the number of days shownfor When We Do Not Renew (Nonrenewal) in such Schedule before the effective date ofnon renewal. IL TJ 20 05 19 © 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 POLICY NUMBER: 6806H128529 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: WHEN WE DO NOT RENEW (Nonrenewal): PROVISIONS A.If we cancel this policy for any legally permittedreason other than nonpayment of premium, and anumber of days is shown for Cancellation in theSchedule above, we will mail notice ofcancellation at least the number of days shownfor Cancellation in such Schedule before theeffective date of cancellation. Number of Days Notice: 60 Number of Days Notice: 60 B.If we do not renew this policy for any legallypermitted reason other than nonpayment ofpremium, and a number of days is shown for When We Do Not Renew (Nonrenewal) in theSchedule above, we will mail notice ofnonrenewal at least the number of days shownfor When We Do Not Renew (Nonrenewal) in such Schedule before the effective date ofnon renewal. IL TJ 20 05 19 © 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 POLICY NUMBER: 68Q..6H121529 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS --SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the "bodily injury" or "property damage" .occurs orthe "personal injury" or "advertising injury" offense is committed. Loeation f)fCf)vered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (Information required to complete this Schedule., if not shown above, will be shown in the Declarations.) A Section II -Who Is An Insured is amended to in- clude as an addittonal insured the person(s) or organizatlon(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2, The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. 8. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions appJy:: CG D3 610305 This insurance does not apply: to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an gffense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s} at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work'' out of which the injury or damage arises has been put to its in- tended use by: any person or organization o.ther than another contractor or .subcontrac- tor engaged In performing operations for a principal as a part of the same project. Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. CG TB 02 01 23ncludes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: 11/18/2022 Page 1 of 1 DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 POLICY NUMBER: 68Q..6H121529 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERA TlONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SC~EDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed by you before, and is in effect when, the ".bodily injury or "property damage" occurs. Location And Description ·Of Completed Operations Any project to which a written contract with the Additional Insured Person(s) or Organiz:ation(s) in the Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An lnimted is amended to in- clude as an additional Insured the person{s) or or- ganization(s} shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, .in whole or in part, by "your work" at the CG 2037 07 04 location designated and desc.ribed in the schedule of this endorsement performed for that additional in- sured and included in the "p.roducts-completed opera- tions hazard''. CG TB 03 01 23 @ ISO Properties, Inc., 2004 DATE OF ISSUE: 11/18/2022 Page 1 of 1 '311)6'-%0+)2)6%00-%&-0-8= 4EKISJ8LI8VEZIPIVW-RHIQRMX]'SQTER]%PPVMKLXWVIWIVZIH -RGPYHIWGST]VMKLXIHQEXIVMEPSJ-RWYVERGI7IVZMGIW3JJMGI-RG[MXLMXWTIVQMWWMSR '+8 G 1IXLSH3J7LEVMRK -JEPPSJXLISXLIVMRWYVERGITIVQMXWGSRXVMFYXMSR F]IUYEPWLEVIW[I[MPPJSPPS[XLMWQIXLSHEPWS 9RHIV XLMW ETTVSEGL IEGL MRWYVIV GSRXVMFYXIW IUYEP EQSYRXW YRXMP MX LEW TEMH MXW ETTPMGEFPI PMQMXSJMRWYVERGISVRSRISJXLIPSWWVIQEMRW [LMGLIZIVGSQIWJMVWX -J ER] SJ XLI SXLIV MRWYVERGI HSIW RSX TIVQMX GSRXVMFYXMSRF]IUYEPWLEVIW[I[MPPGSRXVMFYXI F] PMQMXW 9RHIV XLMW QIXLSH IEGL MRWYVIV W WLEVIMWFEWIHSRXLIVEXMSSJMXWETTPMGEFPIPMQMX SJ MRWYVERGI XS XLI XSXEP ETTPMGEFPI PMQMXW SJ MRWYVERGISJEPPMRWYVIVW H 4VMQEV] %RH 2SR'SRXVMFYXSV] -RWYVERGI -J 6IUYMVIH&];VMXXIR'SRXVEGX -J]SYWTIGMJMGEPP]EKVIIMRE[VMXXIRGSRXVEGXSV EKVIIQIRX XLEX XLI MRWYVERGI EJJSVHIH XS ER MRWYVIHYRHIVXLMW'SZIVEKI4EVXQYWXETTP]SR E TVMQEV] FEWMW SV E TVMQEV] ERH RSR GSRXVMFYXSV] FEWMW XLMW 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;6-88)2 '3286%'8 36%+6))1)28 8LIJSPPS[MRKMWEHHIHXS4EVEKVETL 8VERWJIV 3J6MKLXW3J6IGSZIV]%KEMRWX3XLIVW8S 9W SJ7)'8-32 -: z '311)6'-%0 +)2)6%0 0-%&-0-8='32(-8-327 -JXLIMRWYVIHLEWEKVIIHMRE[VMXXIRGSRXVEGXSV EKVIIQIRX XS [EMZI XLEX MRWYVIH W VMKLX SJ VIGSZIV]EKEMRWXER]TIVWSRSVSVKERM^EXMSR[I [EMZISYVVMKLXSJVIGSZIV]EKEMRWXWYGLTIVWSR SVSVKERM^EXMSRFYXSRP]JSVTE]QIRXW[IQEOI FIGEYWISJ E&SHMP] MRNYV] SV TVSTIVX] HEQEKI XLEX SGGYVW SV F4IVWSREPERHEHZIVXMWMRKMRNYV]GEYWIHF] ERSJJIRWIXLEXMWGSQQMXXIH WYFWIUYIRX XS XLI WMKRMRK SJ XLEX GSRXVEGX SV EKVIIQIRX 1PMJDZ/VNCFS)DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form WC 99 03 94 Printed in U.S.A. Process Date:11/24/22 Policy Expiration Date:01/03/24 © 2011, The Hartford NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number:72 WEG AC4E17 Endorsement Number:Effective Date:01/03/23 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:PLATT/WHITELAW ARCHITECTS, INC 4034 30TH ST SAN DIEGO CA 92104 This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B.If this policy is cancelled by the Company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy’s term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:11/24/22 Policy Expiration Date:01/03/24 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:72 WEG AC4E17 Endorsement Number: Effective Date:01/03/23 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:PLATT/WHITELAW ARCHITECTS, INC 4034 30TH ST SAN DIEGO CA 92104 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 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us DocuSign Envelope ID: A73F6FE5-46B0-43D9-B48D-83F9A6EA8EB7 ?