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HomeMy WebLinkAboutHeritage Architecture & Planning; 2024-07-10; PSA25-3479FACPSA25-3479FAC City Attorney Approved Version 5/22/2024 Page 1 AGREEMENT FOR LEO CARRILLO RANCH - STAIR REPLACEMENT PROJECT SERVICES HERITAGE ARCHITECTURE & PLANNING THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2024, by and between the City of Carlsbad, California, a municipal corporation ("City") and Heritage Architecture & Planning, a California corporation ("Contractor"). RECITALS A.City requires the professional services of a consultant that is experienced in architectural consulting services. B.Contractor has the necessary experience in providing professional services and advice related to architectural consulting services. 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 one (1) year 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 shall not exceed thirty-six thousand seven hundred dollars ($36,700). 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: 53E19699-C124-4237-95B3-13B5966588D1 July 10th PSA25-3479FAC City Attorney Approved Version 5/22/2024 Page 2 6. PUBLIC WORKS 6.1 Prevailing Wage Rates. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement constitute “public works” under California Labor Code section 1720 et seq. and 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. 6.2 DIR Registration. California Labor Code section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Agreement to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code section 1725.5. Labor Code section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish City with the subcontractor or subconsultant's current DIR registration number. 7. 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. Docusign Envelope ID: 53E19699-C124-4237-95B3-13B5966588D1 PSA25-3479FAC City Attorney Approved Version 5/22/2024 Page 3 8. 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. 9. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 10. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 11. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed 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 willful misconduct or negligent act or omission 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. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. 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 Docusign Envelope ID: 53E19699-C124-4237-95B3-13B5966588D1 PSA25-3479FAC City Attorney Approved Version 5/22/2024 Page 4 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. 12. 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. 12.1 Coverage and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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. 12.1.1 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. 12.1.2 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. 12.1.3 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. 12.1.4 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. 12.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. Docusign Envelope ID: 53E19699-C124-4237-95B3-13B5966588D1 PSA25-3479FAC City Attorney Approved Version 5/22/2024 Page 5 12.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City. 12.2.4 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. 12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.4 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. 12.5 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. 13. 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. 14. 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 four (4) years from the date of final payment under this Agreement. 15. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 16. 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. 17. 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 are: Docusign Envelope ID: 53E19699-C124-4237-95B3-13B5966588D1 PSA25-3479FAC City Attorney Approved Version 5/22/2024 Page 6 For City For Contractor Name Steven Stewart Name David Marshall Title Municipal Projects Manager Title President Department Public Works Address 832 Fifth Avenue City of Carlsbad San Diego, CA 92101 Address 1635 Faraday Ave Phone No. 619-239-7888 Carlsbad, CA 92008 Email david@heritagearchitecture.com Phone No. 442-339-2938 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. 18. 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 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 20. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce Docusign Envelope ID: 53E19699-C124-4237-95B3-13B5966588D1 PSA25-3479FAC City Attorney Approved Version 5/22/2024 Page 7 emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 21. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 22. 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. 23. 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. 24. 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. Docusign Envelope ID: 53E19699-C124-4237-95B3-13B5966588D1 PSA25-3479FAC City Attorney Approved Version 5/22/2024 Page 8 25. 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. 26. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California. 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. 27. 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. 28. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 29. 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. This Agreement may be executed in counterparts. 30. 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. {signatures on following page} Docusign Envelope ID: 53E19699-C124-4237-95B3-13B5966588D1 PSA25-3479FAC City Attorney Approved Version 5/22/2024 Page 9 Executed by Contractor this___________ day of _______________________, 2024. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California HERITAGE ARCHITECTURE & PLANNING, a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Joy A. Guevara, CFO (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Paul David Marshall, President & CEO Deputy City Clerk (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: _____________________________ Assistant City Attorney Docusign Envelope ID: 53E19699-C124-4237-95B3-13B5966588D1 9th July on behalf of PSA25-3479FAC City Attorney Approved Version 5/22/2024 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE Contractor shall provide architectural services, design and construction documents as outlined in the attached proposal dated June 5, 2024. Docusign Envelope ID: 53E19699-C124-4237-95B3-13B5966588D1 H E R I T A G E A R C H I T E C T U R E & P L A N N I N G 832 FIFTH AVENUE, SAN DIEGO, CA 92101 TEL: 619.239.7888 HERITAGEARCHITECTURE.COM FAX: 619.234.6286 June 5, 2024 Attn: Brian Bacardi, Superintendent City of Carlsbad – Public Works Department 405 Oak Avenue Carlsbad, CA 92008 Subject: Leo Carrillo Ranch – Stair Redesign HAP #2024.033.PR Historic Preservation Consulting Dear Brian: Thank you for inviting Heritage Architecture & Planning to submit this proposal for the Leo Carrillo Ranch - Stair Redesign project. Enclosed please find a summary of our proposed scope of work for this project. If you have any questions or require additional information, please call me at (619) 239-7888. Thank you for your consideration. Sincerely, APPROVED BY: David Marshall, AIA, NCARB Signature President C24785 Print Name Date M:\Proposals\2024\2024.033.PR - Leo Carrillo Ranch-Stair Consultation\HAP proposal 06-05-24.docx Exhibit "A" (cont'd) PSA25-3479FAC Docusign Envelope ID: 53E19699-C124-4237-95B3-13B5966588D1 H H E R I T A G E A R C H I T E C T U R E & P L A N N I N G LEO CARRILLO RANCH Leo Carrillo Ranch – Stair Redesign June 5, 2024 Page 2 832 FIFTH AVENUE, SAN DIEGO, CA 92101 TEL: 619.239.7888 HERITAGEARCHITECTURE.COM FAX: 619.234.6286 Leo Carrillo Ranch, in Carlsbad, California, is an adobe ranch house (Hacienda) with accessory wood and adobe structures built in the mid-1930s and is owned by the City of Carlsbad. The Hacienda was designed by Leo Carrillo, a silent screen and television star popularized by his role as Pancho of the “Cisco Kid” series in the 1950s. The methods of construction are typical of Mexican Ranchos constructed in the early 1800s. Leo Carrillo Ranch is a National Historic Landmark and California Historic landmark # 1020. As a qualified historical site, the use of the California Historical Building Code is mandatory for code mitigation measures and all work must comply with the Secretary of the Interior's Standards. Heritage Architecture & Planning (Heritage) will provide construction documents for the reconstruction of three exterior stairways that serve the Hacienda. The existing stairways are original and are constructed of stone. Currently, there are multiple deficiencies including a faux “red carpet” that has created a tripping hazard, the stone steps are very uneven and are slippery when wet, the stair tread and riser dimensions are not consistent, and the landings are not flat. The California Historical Building Code (CHBC) requires changes to historic fabric when they constitute a “distinct hazard” to the safety of the public. Given the history of accidents, this appears to be the case with these stairs. The scope of services for this project includes: Task 1 - Review Existing Documents and Attend Kick-Off Meeting Heritage will coordinate with the City to review the existing documentation and attend a digital team Kick-Off Meeting to verify the project scope of work and establish point of contacts for site access. Task 2 - Existing Building Documentation and Background Drawings Heritage will perform a site visit to document the existing conditions of the three exterior stairways and associated site elements. Heritage will measure the exterior of the existing structure, photograph, and verify the existing condition of the stairways. The information gathered will be utilized to generate a plan in AutoCAD format. Task 3 - Construction Documents Following approval of Task 2, the team will prepare final construction documents for the project. The drawings will be submitted at 50% and 90% completion to the City for review. Client comments will be incorporated in the 100% complete Construction Documents that will be submitted to the City of Carlsbad for plan check and permits. The Construction Documents task will include three submittals and up to two Client meetings. PSA25-3479FAC Exhibit "A" (cont'd) Docusign Envelope ID: 53E19699-C124-4237-95B3-13B5966588D1 H PROJECT UNDERSTANDING AND SCOPE OF WORK H E R I T A G E A R C H I T E C T U R E & P L A N N I N G LEO CARRILLO RANCH Leo Carrillo Ranch – Stair Redesign June 5, 2024 Page 3 832 FIFTH AVENUE, SAN DIEGO, CA 92101 TEL: 619.239.7888 HERITAGEARCHITECTURE.COM FAX: 619.234.6286 Task 4 - Plan Check Processing Heritage will coordinate the plan check approval process through the City of Carlsbad’s Building Department. We anticipate that this task will include the initial submittal to the City, plan check corrections, and resubmittal to the City for final approval. Plan check fees will be estimated by the City at the time of submittal and shall be paid by the Client. Permit issuance, related fees, and inspections will be handled by the selected contractor. Heritage Architecture & Planning’s team includes: • Structural Engineering: KPFF Consulting Engineers. PSA25-3479FAC Exhibit "A" (cont'd) Docusign Envelope ID: 53E19699-C124-4237-95B3-13B5966588D1 H H E R I T A G E A R C H I T E C T U R E & P L A N N I N G LEO CARRILLO RANCH Leo Carrillo Ranch – Stair Redesign June 5, 2024 Page 4 832 FIFTH AVENUE, SAN DIEGO, CA 92101 TEL: 619.239.7888 HERITAGEARCHITECTURE.COM FAX: 619.234.6286 The following is a breakdown of fees for the proposed project. TASK RATE HOURS FEE Task 1 •Principal 300$ 2 600$ •Project Architect 250$ 6 1,500$ Total for Task 1 2,100$ Task 2 •Principal 300$ 2 600$ •Project Architect 250$ 12 3,000$ •Draftsperson 150$ 24 3,600$ Total for Task 2 7,200$ Task 3 •Principal 300$ 4 1,200$ •Project Architect 250$ 20 5,000$ •Draftsperson 140$ 80 11,200$ Total for Task 3 17,400$ Task 4 •Principal 300$ 2 600$ •Project Architect 250$ 8 2,000$ •Draftsperson 150$ 4 600$ Total for Task 4 3,200$ 29,900$ Structural Consultant: KPFF Consulting Engineers 6,000$ 800$ GRAND TOTAL 36,700$ Construction Documents Reimbursable Expenses Plan Check Processing Review Existing Documents and Attend Kick-Off Meeting Heritage Sub-total Existing Building Documentation and Background Drawings PSA25-3479FAC Exhibit "A" (cont'd) Docusign Envelope ID: 53E19699-C124-4237-95B3-13B5966588D1 H PROPOSED FEES H E R I T A G E A R C H I T E C T U R E & P L A N N I N G LEO CARRILLO RANCH Leo Carrillo Ranch – Stair Redesign June 5, 2024 Page 5 832 FIFTH AVENUE, SAN DIEGO, CA 92101 TEL: 619.239.7888 HERITAGEARCHITECTURE.COM FAX: 619.234.6286 Job Description Hourly Rates Principal $300.00/Hour Associate Principal $270.00/Hour Project Manager/Architect $250.00/Hour Project Historian/Architectural Historian $250.00/Hour Specification Writer $200.00/Hour Assistant Historian $150.00/Hour Designer/Draftsperson $150.00/Hour Field Assistant $140.00/Hour Research Assistant $120.00/Hour Clerical $120.00/Hour General Terms Hourly rates include provisions for normal overhead costs including benefits, office rental, utilities, insurance, clerical services, and equipment. Reproduction, travel outside of San Diego County, and other non-labor direct costs are billed at cost plus 15%. Automobile travel outside a 30-mile radius from Heritage’s office will be billed at the most current IRS Standard Mileage Rate (SMR). Other Consultants Employed by the Client Coordination of services from consultants employed by the Client usually generates additional coordination work for Heritage Architecture & Planning, not included in the fee. Heritage will provide a separate fee proposal to the Client if additional coordination is necessary. Terms of Payment Heritage’s Schedule of Fees is valid for 12 months. All fees are fixed lump sum unless noted otherwise. Payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of Heritage’s invoice. Amounts unpaid 30 days after the invoice date shall bear interest at 10% per month or in the absence thereof at the legal rate prevailing from time to time at Heritage’s principal place of business. The Client shall not withhold amounts from Heritage’s compensation to impose a penalty or liquidated damages on Heritage, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless Heritage agrees or has been found liable for the amounts in a binding dispute resolution proceeding. PSA25-3479FAC Exhibit "A" (cont'd) Docusign Envelope ID: 53E19699-C124-4237-95B3-13B5966588D1 H SCHEDULE OF FEES H E R I T A G E A R C H I T E C T U R E & P L A N N I N G LEO CARRILLO RANCH Leo Carrillo Ranch – Stair Redesign June 5, 2024 Page 6 832 FIFTH AVENUE, SAN DIEGO, CA 92101 TEL: 619.239.7888 HERITAGEARCHITECTURE.COM FAX: 619.234.6286 Reimbursable Expenses Reimbursable Expenses described below will occur, as necessary, and be billed by the Architect on an itemized statement specifying the type of service and/or the material provided, copies of receipts, if applicable, the position of the person providing the service, the person’s hourly rate, the time spent and the cost incurred to provide the service. Funding for the reimbursable expenses is provided to pay the Architect for the various duties described below that do not lend themselves to precise estimation, and for that reason is not included in the Basic Services. Reimbursable Expenses, however, are essential to aid the Architect in the performance of the Basic Services and Additional Services, when authorized. •Printing and reproduction as required by the Consultant. •Automobile mileage/travel related costs. •Long distance telephone. •Equipment rental. •Research related costs/fees. •Report reproduction and expendable supplies. •Laboratory paint analysis. •Chain of Title. Additional Services The following services are not included but may be available for an additional fee. This fee can be determined once the scope of work is further defined. •Additional meetings beyond those listed in the scope. •Additional submittals beyond those listed in the scope. •Additional drawings beyond those listed in the scope. •Architectural renderings and presentations. •Mechanical, plumbing, and electrical engineering services. •Landscape, planting, and irrigation design. •As-Built Record Drawings. •Construction Administration Services. PSA25-3479FAC Exhibit "A" (cont'd) Docusign Envelope ID: 53E19699-C124-4237-95B3-13B5966588D1 H ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/6/2024 License # 0E67768 (858) 200-4542 25674 Heritage Architecture & Planning 633 5th Avenue San Diego, CA 92101 29599 A 1,000,000 X X 680-1H943129 9/1/2023 9/1/2024 1,000,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000A X 680-1H943129 9/1/2023 9/1/2024 No Co. Owned Autos CSL= Included 2,000,000A CUP-5C89708A 9/1/2023 9/1/2024 2,000,000 0 A X UB-4J467287 9/1/2023 9/1/2024 1,000,000 1,000,000 1,000,000 B Prof Liab/Clms Made USS2434707 5/13/2024 Per Claim 2,000,000 B Ded.: $15K Per Claim USS2434707 5/13/2024 5/13/2025 Aggregate 2,000,000 Re: All Projects The City of Carlsbad is Additional Insured with respect to General/Hired & Non-Owned Auto Liability per the attached endorsement as required by written contract. Insurance is Primary and Non-Contributory. Waiver of Subrogation applies to General Liability and Workers’ Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 HERIARC-01 PATILL IOA Insurance Services 3636 Nobel Drive Suite 410 San Diego, CA 92122 Judy Lovelace judy.lovelace@ioausa.com Travelers Property Casualty Company of America U.S. Specialty Insurance Company X 5/13/2025 X X X X X X X X X Docusign Envelope ID: 53E19699-C124-4237-95B3-13B5966588D1 ACORD" I ~ I ~ □ □ ~ ~ ~ □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I Named Insured: Heritage Architecture & Planning Policy Number: 680-1H943129 Docusign Envelope ID: 53E19699-C124-4237-95B3-13B5966588D1 Docusign Envelope ID: 53E19699-C124-4237-95B3-13B5966588D1 � TRAVELERSJ ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)-001 POLICY NUMBER: UB-4J467287-22-47-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be 2. oo % of the California workers' compensation pre- mium. Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Schedule Job Description ARCHITECTS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company Policy No. Endorsement No. Premium Countersigned by ___________ _ Page 1 of 1 Elizabeth Tenuto Docusign Envelope ID: 53E19699-C124-4237-95B3-13B5966588D1