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KTU+A Planning and Landscape Architecture; 2016-11-10;
AMENDMENT NO. 1 TO AMEND AGREEMENT FOR PROFESSIONAL LANDSCAPE ARCHITECURAL DESIGN SERVICES FOR THE OCEAN STREET BEACH ACCESS IMPROVEMENTS PROJECT KTU+A PLANNING AND LANDSCAPE ARCHITECTURE This Amendment No. 1 is entered into and effective as of the (t>th day of . , 2oi.g, amending the agreement dated November 10, 2016 (the g emen ") oy and between the City of Carlsbad, a municipal corporation, ("City"), and KTU+A Planning and Landscape Architecture, ("Contractor") (collectively, the "Parties") for professional landscape architectural design services. RECITALS A. The Parties desire to alter the Agreement's scope of work for additional construction administration and management services; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total Agreement amount shall not exceed two hundred seventy-five thousand seven hundred eighty-five dollars ($275,785.00). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed seven thousand eight hundred ninety dollars ($7,890). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by November 10, 2019. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version 1/30/13 ...... 6. The individuals executing this Amendment 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 Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: City Manager _..!...._--=---------'--~~--'----+----'---'_____,~==-+-~~~c~t ATTEST: ~ \j~&Jf/4111~ "'.SUS~ c.. ~l ,._ ( Fv<a, (U=;o. 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 Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:_~----~-- --Assistant City Attorney -'<'fl • • .. City Attorney Approved Version 1/30/13 2 EXHIBIT "A" SCOPE OF SERVICES AND FEE Additional construction administration and management services are needed to complete the remaining four Ocean Street public beach accesses due to construction delays. Additional tasks will be billed on a time and materials basis based on hourly rates listed in the attachment. Total Amendment amount shall not exceed seven thousand eight hundred ninety dollars ($7,890.00). ITEM NO. DESCRIPTION PRICE 1 Construction Administration and Management $7,740.0C 2 Reim bursables $150.00 TOTAL $7,890.0C / City Attorney Approved Version 1/30/13 3 Ocean Street Beach Access EXHIBIT'A' 7/12/2018 Improvements Project KTU+A and Team Summary Senior Principal Associate/ Associate Senior Designer Clerical KTU+A Irrigation Designer Designer TOTAL $175 $145 $125 $115 $105 $85 Task 5 -Construction Administration and Mana 1ement Phase 5.01 Pre-construction meeting so 5.02 Weekly construction progress meetings 20 $2,300 5.03 RFls/review contractor and shop drawing submittals $0 5.04 Field review report 2 $290 5.05 Pre-maintenance walk-through and report 7 $1,015 5.06 Pre-final walk-through and report 7 $1,015 5.07 Final walk-through (project close out) and report 4 $580 5.08 ,, .... ,..:vv ....... , .. , ............ , a:,-uu , .... ,t,,11-..t"~''-, ......... ,u $0 .. : __ .., 5.09 Project management 8 12 $2,540 Hours Summary 0 28 0 32 0 0 Cost Subtotal $0 $4,060 $0 $3,680 $0 $0 $7,740 Task 5 -Construction Administration and Manaaement Phase $7 740 check $7,740 Total Hours 0 28 0 32 0 0 Cost Subtotal $0 $4,060 $0 $3,680 $0 $0 $7,740 check $7,740 Reimbursables $150 Total Labor Cost $7 890 check $7,890 ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 8/23/2017 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Certificate Department NAME: Cavignac & Associates P.~~N,_t c-•· 619-744-0574 I ft:~ .. _ .. 619-234-8601 450 B Street, Suite 1800 ~~n~~""· certificates@cavignac.com San Diego CA 92101 INSURERtSl AFFORDING COVERAGE NAIC# INsuRERA ,Travelers Property & Casualty Compa 25674 INSURED KTU&APL-01 INsuRER B ,Hartford Accident & Indemnity 22357 KTU+A Planning & Landscape Architecture INSURER c ,Berkley Insurance Company 32603 3916 Normal Street INSURER D ,Travelers Indemnity Co of Conn 25682 San Diego CA 92103 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· 1491378943 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF ,~g~J%~, LIMITS LTR INSD WVD POLICY NUMBER fMM/DDNYYYI A X COMMERCIAL GENERAL LIABILITY y y 6801 H979452 9/1/2017 9/1/2018 EACH OCCURRENCE $1,000,000 ~ :=J CLAIMS-MADE ~ OCCUR DAMAGE TO RENTED PREMISES tEa occurrence I $1,000,000 ~ MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY ~ $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ POLICY 0 .\'if8r DLOC PRODUCTS -COMP/OP AGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY y y BA1C934192 9/1/2017 9/1/2018 (°'E~~~iid~~t)11,GLE LIMIT $1,000,000 - ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident} $ -X NoOwnedAutos $ A UMBRELLA LIAB M OCCUR CUP1 C934653 9/1/2017 9/1/2018 EACH OCCURRENCE $3,000,000 ~ X EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 / DED Ix I RETENT10N$O $ B WORKERS COMPENSATION y 72WEGGG6436 9/1/2017 9/1/2018 x I ~ffTuTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A EL EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT $1,000,000 C Professional Liability AEC901657102 9/1/2017 9/1/2018 Each Claim $2,000,000 ./ Aggregate $4,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: Ocean Street Beach Access Improvement. Additional Insured coverage applies to General Liability and Automobile Liability for the certificate holder per policy form. Primary coverage applies to General Liability and Automobile Liability per policy form. Waiver of subrogation applies to General Liability, Automobile Liability, and Workers Compensation per policy form. Professional Liability -Claims made form, defense costs included within limit. 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 for any reason other than nonpayment of premium Cavignac & Associates will provide 30 days notice of such cancellation or nonrenewal. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Jennifer Marinov ACCORDANCE WITH THE POLICY PROVISIONS. 799 Pine Avenue, Suite 200 Carlsbad CA 92008-2428 AUTHORIZED REPRESENTATIVE I ~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Policy #BA1C934192 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in 8.5., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by }()Ur "employee" under a contract in an "employee's" name, with your CA T3 53 0215 ©2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy #BA1C934192 COMMERCIAL AUTO perm1ss1on, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- duding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the ''Insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- s-ed Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent o-borrow from any of your "employees", ~rtners (if you are a partnership), members ~f you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily njury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of nsurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, rontingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of4 ©2015 The Travelers Indemnity Company. All rights reserved. CAT3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy#BA1C934192 You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 0215 ©2015 The Travelers Indemnity Company. All rights reserved. Page 3 of4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy #BA1C934192 COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional om1ss1on of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 ©2015 The Travelers Indemnity Company. All rights reserved. CAT3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. w~h its permission. COMMERCIAL AUTO POLICY ENDORSEMENT -CA TB 00 09 17 POLICY NUMBER BA-1C934192-17-GRP ** THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ** Nl\MED INSURED IT IS AGREED THAT: KTU & A, INC. KTU+A PLANNING & LANDSCAPE ARCHITECTURE EFFECTIVE DATE 09-01-17 EXPIRATION DATE 09-01-18 PAGE 0001 DATE OF ISSUE 07-05-17 Policy #BA1C934192 4. Loss Payment -Physical Damage Cover- ages At our option, we may: a. Pay for, repair or replace damaged or sto- len property; b. Return the stolen property, at our ex- pense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will in- dude the applicable sales tax for the dam- aged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally con- ceals or misrepresents a material fact con- cerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the re- vision is effective in your state. 4. No Benefit To Bailee - Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any per- COMMERCIAL AUTO son or organization holding, storing or trans- porting property for a fee regardless of any other provision of this Coverage Form. 5. Otherlnsurance a. For any covered "auto" you own, this Coverage Form provides primary insur- ance. For any covered "auto" you don't own, the insurance provided by this Cov- erage Form is excess over any other col- lectible insurance. However, while a cov- ered "auto" which is a "trailer" is con- nected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a mo- tor vehicle you do not own; or (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Cover- age, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Para- graph a. above, this Coverage Form's Covered Autos Liability Coverage is pri- mary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy be- gan. We will compute the final premium due when we determine your actual ex- posures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective pre- mium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. CAOO 0110 13 © Insurance Services Office, Inc., 2011 Page 9 of 12 Policy #BA 1 C934192 4. loss Payment -Physical Damage Cover- ages At our option, we may: a. Pay for, repair or replace damaged or sto- len property; b. Return the stolen property, at our ex- pense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will in- clude the applicable sales tax for the dam- aged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally con- ceals or misrepresents a material fact con- cerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the re- vision is effective in your state. 4. No Benefit To Bailee -Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any per- COMMERCIAL AUTO son or organization holding, storing or trans- porting property for a fee regardless of any other provision of this Coverage Form. 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insur- ance. For any covered "auto" you don't own, the insurance provided by this Cov- erage Form is excess over any other col- lectible insurance. However, while a cov- ered "auto" which is a "trailer" is con- nected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a mo- tor vehicle you do not own; or (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Cover- age, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Para- graph a. above, this Coverage Form's Covered Autos Liability Coverage is pri- mary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy be- gan. We will compute the final premium due when we determine your actual ex- i:x>sures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective pre- mium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. CA 00 0110 13 © Insurance Services Office, Inc., 2011 Page 9 of 12 Policy #6801H979452 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to indude as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the ''written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. VVith respect to the independent acts or omis- sions of such person or organization; or d. For "bodily injury", "property damage" or "per- sonal injury" for which such person or organi- zation has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. f. This insurance does not apply to the render- ing of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations ex- ceed the limits of liability required by the "writ- ten contract requiring insurance", the insur- ance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the lim- its of insurance described in Section Ill -Lim- its Of Insurance. h. This insurance does not apply to "bodily inju- ry" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other in- surance, whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- oontributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requir- ing insurance". But this insurance provided to the additional insured still is excess over valid and oollectible other insurance, whether primary, ex- cess, contingent or on any other basis, that is CG DJ 81 0915 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 lndudes the copyrighted material of Insurance Services Office, Inc., with its permission Policy #6801H979452 COMMERCIAL GENERAL LIABILITY available to the additional insured when that per- son or organization is an additional insured under any other insurance. 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a ''written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you be- 1bre, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINI- TIONS Section: 'Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provid- ed that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in ef- fect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG DJ 81 0915 lndudes the copyrighted material of Insurance Services Office, Inc., with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 72 WEG GG6436 Endorsement Number: Effective Date: 0 9 IO 1 / 1 7 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KTUA INC 3 916 NORMAL ST SAN DIEGO, CA 92103 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 premium otherwise due on such remuneration. SCHEDULE Person or Organization ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US Countersigned by ALL 2 % of the California workers' compensation Job Description --------------------Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 07 /16/17 Policy Expiration Date: 09/01/18 POLICY NUMBER: BA-1C934192-17-GRP COMMERCIAL AUTO ISSUE DATE: 07-05-17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULED PERSONS OR ORGANIZATIONS SANDAG 401 B STREET, SUITE 800 SAN DIEGO, CA 92101-4231 RE: SANDAG CONTRACT #5004244 PROVISIONS 1. The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization shown above who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the ex- tent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. 2. The following is added to Paragraph 5., Other Insurance, in B., General Conditions, of SEC- TION IV-BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, if the scheduled person or organization shown above has other insurance under which it is the first named insured and that insurance also ap- plies, then this insurance is primary to and non- contributory with that other insurance when the written contract or agreement between you and that scheduled person or organization, that is signed and executed by you before the "bodily in- jury" or "property damage" occurs and that is in effect during the policy period, requires this insur- ance to be primary and non-contributory. CA T442 0215 ©2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. w~h its permission. AGREEMENT FOR PROFESSIONAL LANDSCAPE ARCHITECURAL DESIGN SERVICES FOR THE OCEAN STREET BEACH ACCESS IMPROVEMENTS PROJECT KTU+A PLANNING AND LANDSCAPE ARCHITECTURE THIS AGREEMENT is made and entered into as of the !C}~ day of ~crve...J'vV\. 0~ , 20~ by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and KTU+A Planning and Landscape Architecture, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a firm that is experienced in landscape architectural design. B. Contractor has the necessary experience in providing professional services and advice related to landscape architectural design. 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 three (3) years from the date first above written. 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 two hundred sixty-seven thousand eight hundred ninety-five dollars ($267,895). 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". 5.1 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 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 1 Item #1 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. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 2 City Attorney Approved Version 4/1/15 Item #1 November 8, 2016 7 of 39 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial · General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 3 City Attorney Approved Version 4/1/15 Item #1 November 8, 2016 8 of 39 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Kyle Lancaster Title Parks Services Manager Department Parks & Recreation City of Carlsbad Address 799 Pine Avenue, Suite 200 Carlsbad, CA 92010 Phone No. 760-434-2941 For Contractor Name Michael Singleton Title President Address 3916 Normal Street San Diego, CA 92103 Phone No. 619-294-4477 Email mike@ktua.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 4 City Attorney Approved Version 4/1/15 Item #1 November 8, 2016 9 of 39 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) dciys written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 5 City Attorney Approved Version 4/1/15 Item #1 November 8, 2016 10 of 39 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. II II II 6 City Attorney Approved Version 4/1/15 Item #1 November 8, 2016 11 of 39 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California Mayor BARBARA ENGLESON City Clerk ""·-·r:--·c · ... ,.,,, .:~~ -HED ;·oR~;;·i . If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group 8 Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney 7 City Attorney Approved Version 4/1/15 Item #1 November 8, 2016 12 of 39 EXHIBIT "A" SCOPE OF SERVICES KTU+A Planning and Landscape Architecture (KTU+A) will provide comprehensive construction documents, assist through the bidding phase and provide construction administration services for the successful completion of the seven Ocean Street public beach access areas as follows: TASK 1: CONCEPTUAL PLAN REFINEMENT PHASE The initial kick-off meeting will include a discussion between the KTU+A team and staff from the City of Carlsbad (City). The goal of this meeting is to review and establish a clear and concise direction for this project and validate the project schedule. The KTU+A team and City staff will visit the site to continue the discussion on the relevant issues associated with this project. Visiting the site with the entire team will enable us to observe the specific elements of the site that may be of concern to members of the group. The KTU+A team will contact or visit the appropriate agencies to obtain relevant and currently available reference information for the project. This information and documentation may include improvement plans and general design criteria as needed to establish the base information and constraints for the project. Psomas will collect the following plans and reports (prepared by others and provided by the City, unless otherwise noted): • Topographic and Survey data within the project area (prepared by Psomas) • Geotechnical reports and studies • Utility Record Drawings The KTU+A team will validate the scope of work as identified in Exhibit A; and identify and document relevant building codes, laws, permit requirements and requirement changes that need to be updated in the construction documents. From this research, the one (1) site visit and four (4) team meetings, we will develop an existing conditions plan that will be factored into the base plan developed by Psomas. Specific tasks: 1.1 Kick-off meeting, project review (1 meeting) 1.2 Document relevant building codes, laws, permit requirements 1.3 Initial site visit and analysis 1.4 Base data compilation and base map preparation 1.5 Convert conceptual plan to schematic design 1.6 Validation of scope of work 1. 7 Validation of schedule 1.8 Preliminary meetings with city staff (4 meetings) 1.9 Updated opinion of estimated construction costs 1.10 Refine conceptual design presented to City staff 1. 11 Project approvals 1.12 Team meetings, agendas, minutes, status reports 1.13 Submittals/team/project management 8 City Attorney Approved Version 4/1 /15 Item #1 November 8, 2016 13 of 39 Task 1 -Deliverables • Validated project schedule • Follow up task recommendations • Existing conditions analysis • Base map • Refined conceptual design • Updated opinion of probable costs • Agendas, minutes, status reports TASK 2: DESIGN DEVELOPMENT PHASE (30%) This phase will consist of the design development of the approved Schematic Landscape Plans and will include the refined design development of the Civil Engineering (Psomas), Electrical Engineering (EDI), Stormwater and Drainage (Psomas), Landscape and Irrigation (KTU+A) design areas for each beach access point. These preliminary layouts, including proposed materials I equipment submittals, light fixture cut sheets, layouts, and colors, will be submitted with outline specifications prepared in summary outline form (Division 16 CSI), design calculations and a design development opinion of estimated construction cost. This phase includes photo boards of plant materials, irrigation equipment, special landscape details, and sections or elevations to assist in describing the approved design areas as required. KTU+A will maintain close coordination with the design team and the City to resolve questions and key issues so that the project can ,proceed as scheduled. This task also includes in-house team management and administration. The geotechnical services provided by NOVA in this task include: Field Exploration • Utility Clearance -Contact underground service alert (USA) and to determine the presence of utility lines at the proposed test pit locations. • Exploratory Test Pits -Excavate, log, and sample three (8) exploratory test pits. Test pits will extend up to approximate depths of 4 feet, or to refusal if shallower. Backfill test pits in accordance with Environmental Health Department requirements. • Laboratory Testing -Perform laboratory testing of both bulk and relatively undisturbed samples of onsite materials. Testing would include sieve analysis, r-values, max density's soluble sulfate and chloride concentrations, pH and resistivity. Analyses • Prepare a geotechnical/geologic map of the site depicting the locations of the exploratory test pits, and geologic contacts. • Evaluate seismic hazards including dynamic settlement. Reporting Prepare a preliminary geotechnical investigation report to summarize our findings of the existing geotechnical site conditions. Provide foundation recommendations for proposed masonry site walls. Provide grading and pavement recommendations for ADA ramps and paver sections. Specific tasks: 2.1 Design team meetings (3) 2.2 Base map updates 2.3 Demolition plans and notes 2.4 Grading, drainage, hydrology plans/details & notes 2.5 Horizontal control plans (Civil) 9 City Attorney Approved Version 4/1/15 Item #1 November 8, 2016 14 of 39 2.6 SWMP/SWPPP plans/details & notes 2.7 Technical reports (water quality, drainage, hydrology, geotech) 2.8 Lighting/electrical plans/details & notes 2.9 Landscape construction layout plans 2.10 Landscape hardscape and finish plans 2.11 Construction materials and finish schedule 2.12 Landscape construction details 2.13 Landscape planting plans 2.14 Landscape planting legend and notes 2.15 Landscape irrigation plans 2.16 Landscape irrigation legend and notes 2.17 Outline specifications (Division 16 CSI) 2.18 ADA analysis 2.19 Design development opinion of construction costs 2.20 Project schedule update 2.21 30%: QA/QC review and drawing audit 2.22 City review meeting (1) 2.23 Address/respond to comments 2.24 Agendas, minutes, status reports 2.25 Submittals/project/team management Task 2 -Deliverables • Design Development Drawings • Civil Engineering (Psomas) -Demolition plans and notes. • Civil Engineering (Psomas) -Grading, drainage, horizontal control, hydrology, plans, details and notes. • Civil Engineering (Psomas) -Stormwater and drainage plans, details and notes. • Electrical Engineering (EDI) Plans, details and notes. • Landscape Architecture (KTU+A) Preliminary construction, irrigation and planting plans, details and notes. • Technical reports (water quality, drainage, hydrology, geotech). • Outline specifications based upon the 16 division, CSI format. • ADA Analysis (Based upon CAL TRANS design information bulletin number 82-05). • Design development opinion of estimated construction costs. • Project schedule update. • 30%: QA/QC review and team drawing audit. • Agendas, minutes, status reports and address/respond to comments. TASK 3: CONSTRUCTION DOCUMENT PHASE (80-100%) The KTU+A team will prepare a landscape construction document package with specifications, calculations, updated geotechnical reports, Stormwater Management Plan, and SWPPP in hard copy form for review and coordination as requested. An opinion of estimated construction cost will be provided at 80% and 100% stages. All work will be coordinated with the design team and prepared using AutoCAD. Specific tasks: 3.1 Design team meetings (3) 3.2 Address QAQC & City Comments/Corrections 3.3 Demolition plans and notes 3.4 Grading, drainage, hydrology plans/details & notes 3.5 Horizontal control plans (Civil) 10 City Attorney Approved Version 4/1/15 Item #1 November 8, 2016 15 of 39 3.6 SWMP/SWPPP plans/details & notes 3. 7 Technical reports (water quality, drainage, hydrology, geotech) 3.8 Lighting/electrical plans/details & notes 3.9 Landscape construction plans 3.10 Landscape construction materials and finish schedule 3.11 Landscape construction details 3.12 Landscape planting plans 3. 13 Landscape planting legend and notes 3.14 Landscape irrigation plans 3.15 Landscape irrigation legend and notes 3.16 Landscape irrigation calculations (MAWA & ETWU) 3.17 Specifications (Division 16 CSI) 3.18 Supplemental provisions manual 3.19 Final design calculations 3.20 80% & 100%: Opinion of estimated construction cost 3.21 80% & 100%: Project schedule 3.22 80% & 100%: QA/QC Review 3.23 80% & 100%: City Review Meetings (2) 3.24100%: Parks & Recreation Meeting (1) 3.25100%: Planning Commission Meeting (1) 3.26 100%: City Council Meeting (1) 3.27 80% & 100%: QA/QC team drawing audits 3.28 Agendas, minutes, status reports 3.29 Submittals/project/team management Existing Conditions Plans Psomas will prepare a site survey showing existing improvements. Site Demolition Plan KTU+A and Psomas will locate elements to remove, protect in place or relocate. Paving, Grading and Drainage Plans Psomas will provide finish grades, paving type and location; and surface utility features. Horizontal Control Plans Psomas will locate new site improvements within project limits, including curb, sidewalks, stairs and walls. KTU+A will dimension all other aesthetic and auxiliary improvements such as enhanced paving details etc. Site Utilities Plan Psomas will located sanitary sewer and domestic water (for drinking fountains and foot wash station) storm drain and underground BMPs to serve the project. Erosion Control Plans Psomas will identify temporary Best Management Practices during construction to support the SWPPP. On-site Hydrology Study and Storm Water Management Plan Based on the construction documents-level grading and drainage plan, Psomas will provide an on-site hydrology study to calculate the runoff (run-on to the project site) in support of the development of the site. This study will be for flows within the project limits only. No off-site, or 11 City Attomey Approved Version 4/1/15 Item #1 November 8, 2016 16 of 39 CEQA level analysis is included. Psomas will prepare a Storm Water Management Plan (SWMP) and Report for the project site in conformance with the SWRCB and City requirements for MS4 permit compliance. The plan and report will identify long-term post-construction Best Management Practices (BMPs) for managing storm water on the project site, and will incorporate required structural and non- structural BMPs. KTU+A or the City will provide the required information to prepare the design. Based on the conceptual plans, Draft Storm Water Quality Management Plan, and project vicinity to the ocean and presumably groundwater, it is assumed that the storm water treatment system will not involve infiltration and therefore will not require infiltration testing by NOVA (geotechnical engineer). Electrical/Lighting Plans EDI will provide electrical construction documents for a new electric service and lighting per the City for the following scope areas: • Pedestrian Walkways and Security • Power for Lighting Controller and Irrigation Controller (if required) Landscape Construction Plans and Materials and Finish Schedule This plan will specifically call out all landscape site improvements and identify their materials, colors, finishes and will include construction details and specifications required to install the work. Landscape Construction Details Details include hardscape (seating nodes, paving, steps, ramps, and railings), site-furnishings (trash receptacles, signage, drinking fountains, bike racks, and benches). Manufactured items may be utilized. All structural plans will be included with details. Lighting/Electrical Plans EDI will provide electrical construction documents for a new electric service and lighting per the City for the following scope areas: • Pedestrian Walkways and Security • Power to Prefabricated Maintenance Building • Illumination for monument signage • Power for Controller and Pump (if required) Landscape Irrigation Plans and Details The irrigation plan will diagrammatically lay out landscape irrigation piping, valves, control equipment, sprinkler heads and related irrigation equipment for the irrigation of planting areas, at 20' scale, specifically calling out all pipe and equipment sizing and types; and will include details required to install the irrigation system. A California Water Efficient Landscape Worksheet will be provided inclusive of the Hydrozone information table and Water budget calculations (MAWA, ETWU) as required by the City. Landscape Planting Plans and Details This plan will graphically locate and identify planting materials at 20' scale, including specific quantities, sizes and varieties, and will include details and a planting legend to install the plant materials. 12 City Attorney Approved Version 4/1/15 Item #1 November 8, 2016 17 of 39 Supplemental Provisions Manual I Team Specifications The Supplemental Provisions Manual will include all instructions to bidders, bidding forms, general conditions, supplementary special conditions, team specifications (Division 16 CSI format) for the project. The manual will provide detailed technical information pertaining to administration of the contract for construction, materials and equipment to be furnished, acceptable manufacturers, and requirements for executing the work. The City's standard language and Construction Standards will be incorporated into the manual. Stormwater Management Plan (SWMP} and Stormwater Pollution Prevention Plan (SWPPP) These plans will be electronically prepared on the proposed site improvements by Psomas for applicable agencies review. Final Design Calculations Final design calculation will be prepared and submitted with final plans and specifications for review and approval by governing agencies having jurisdiction over the project. Hydrology/drainage calculations, electrical (Title 24 Energy Compliance), and ADA compliance will be completed during this phase. Structural Plans Hope-Amundson will prepare design development documents in sufficient detail to establish the basic systems including foundation plan, framing plans and typical details. The structural plans will include drawings, calculations and specifications. Hope-Amundson will also coordinate with NOVA to establish the testing and inspection requirements. Opinion of Estimated Construction Cost At 80% competition of the construction documents, a revised opinion of estimated construction cost will be prepared by Turbo CM to address any refinement or modification occurring during the preparation of the construction documents. The cost opinion will be prepared utilizing specific area and quantity take-offs applied to labor and materials cost, and will include allowance for general conditions, contractor's profit and overhead, City costs and contingencies. Long Term Maintenance Manual and Costs KTU+A will identify a regular and long term maintenance schedule for the beach access points, particularly as it relates to the site amenities. Maintenance and life cycle costs will be identified. Final Plan Check/Permit Processing KTU+A will submit all final plans, specifications, and supporting calculations to the City. Final construction documents will be revised and amended to incorporate all plan check requirements, address all comments and necessary revisions, and obtain permit. It is anticipated that all related permit fees will be paid by the City. Once this is completed, the final construction documents will be ready for competitive bidding. All comments and issues regarding the reviewer's comments will be resolved. Five (5) meetings have been estimated for budgeting purposes. Task 3 -Deliverables • Construction Drawings • Demolition plans • Civil Engineering -Grading, drainage, horizontal control, hydrology, plans, details and notes. • Civil Engineering -Stormwater and Drainage Plans (SWMP, SWPPP) • Electrical Engineering plans, details and notes • Landscape Architecture Construction, Irrigation and Planting plans, details and notes. 13 City Attorney Approved Version 4/1/15 Item #1 November 8, 2016 18 of 39 • Supplemental Provisions Manual • Technical reports and final calculations (water quality, drainage, hydrology, Geotech) • Outline Specifications based upon the 16 division, CSI format • ADA compliance: Final Calculations • Opinion of Estimated Construction Costs • Project Schedule • 80% & 100%: QA/QC team drawing audits • Agendas, minutes, status reports • Public presentation materials • Reports and address/respond to comments TASK 4: BIDDING PHASE KTU+A will provide administrative support services to assist the City in obtaining competitive bids. KTU+A will attend the pre-bid meeting and respond to questions, conflicts, make clarifications, answer RFls (Requests for Information), advise on qualified contractors, and be available to comment on bid analysis in our area of expertise. This task includes the preparation of bid documents as required. 4.1 Pre-bid meeting: Prospective Contractors (1) 4.2 Pre-bid RFls/clarifications/addendas 4.3 Reports/project/team management TASK 5: CONSTRUCTION ADMINISTRATION AND MANAGEMENT PHASE KTU+A and appropriate team members will review project submittals, RFls, review contractor and shop drawing submittals, attend job site meetings, and provide field clarification in their areas of expertise. The team will provide site observation visits, field review reports for their portion of the site construction, and will attend site meetings relative to their area of expertise, during the period when their area of construction is actively being installed (approximately10 meetings). KTU+A will attend one (1) pre-maintenance and two (2) final walk-throughs. 5.1 Pre-construction meeting 5.2 Weekly construction progress meetings (10) 5.3 RFls/review contractor and shop drawing submittals 5.4 Field review reports (10) 5.5 Pre-maintenance walk-through and report 5.6 Pre-final walk-through and report 5. 7 Final walk-through (project close out) and report 5.8 Review contractor as-builts/prepare record drawings 5.9 Project management 14 City Attorney Approved Version 4/1/15 Item #1 November 8, 2016 19 of 39 HOURLY RATES, SUPPORT COSTS AND SUBCONSULTANT COSTS Senior Principal ............................................................ $175.00 Principal ........................................................................ $165. 00 Senior Associate ll ........................................................ $155.00 Senior Associate l ......................................................... $145.00 Associate II ................................................................... $135.00 Associate I .................................................................... $125.00 Senior Designer/Senior Planner/GIS Analyst... ............ $115.00 Designer/Planner .......................................................... $105.00 Administration ................................................................. $80.00 Psomas Principal Engineer ....................................... $185.00 -$230.00 Project Manager .......................................... $170.00 -$190.00 Project Engineer .......................................... $140.00 -$170.00 Lead CAD Designer/Professional Engineer $120.00 -$140.00 CAD Designer/Civil Engineering Designer .... $95.00 -$120.00 Civil Engineer ................................................ $95.00 -$120.00 Staff Engineer ................................................ $90.00 -$110.00 Project Assistant/Intern .................................... $65.00 -$90.00 NOVA Services Principal Engineer I Geologist ...................................... $165.00 Senior Engineer/Geologist ........................................... $145.00 Staff Engineer I Geologist ............................................ $125.00 CAD ................................................................................ $95.00 Administration ................................................................. $65.00 Hope Amundson Principal ........................................................................ $250.00 Senior Project Manager ................................................ $180.00 Project Manager ........................................................... $160.00 Project Engineer ........................................................... $130.00 Designer ....................................................................... $110.00 Senior BIM/CAD Technician ......................................... $115.00 BIM/CAD Technician ...................................................... $95.00 Administration ................................................................. $75.00 Electrical Design, Inc. Principal ........................................................................ $165.00 Project Engineer ........................................................... $135.00 Designer ......................................................................... $95.00 Drafter ............................................................................. $75.00 Turbo CM Principal Cost Estimator ............................................... $150.00 15 Miscellaneous Reimbursable Costs • Reproduction, blueprinting, long distance telephone calls, travel outside of San Diego County, soil testing and other non-labor direct costs are billed at cost plus 15%. An allowance of $7,000 has been included for as needed reimbursable costs. • Hourly rates include provisions for normal overhead costs including fringe benefits, office rental, utilities, insurance, clerical services and equipment. Subconsultant Costs All sub-consultant costs have been included in the fixed fee and fee breakdown sections of this submittal. Allowance An allowance of $24,350 for unforeseen services as needed to complete the design services and bid contract documents. City Attorney Approved Version 4/1/15 Item #1 November 8, 2016 20 of 39 FEE BREAKDOWN Senior Senior Principal Associate/ Associate Designer Designer Clerical KTU+A Irrigation TOTAL $175 $145 $125 $115 $105 $85 Task 1 -Conceptual Plan Refinement Phase 1.1 Kick~off meeting, project review 2 2 $640 1.2 Document relevant building codes, 3 3 $780 laws, permit req 1.3 Initial site visit and analysis 7 7 $1,820 1.4 Base data compilation and base 1 4 $585 map prep (x 7) 1.5 Convert conceptual plan to 1 4 4 12 $2,635 schematic design 1.6 Validation of scope of work 1 $145 1.7 Validation of schedule 1 $145 1.8 Preliminary meetings with city staff 2 8 6 $2,260 (4 meetings) 1.9 Updated opinion of probable costs 2 $250 1.10 Refine conceptual design 6 6 $1,620 presented to city staff 1.11 Project approvals 2 $250 1.12 Team meetings, agendas, minutes, 3 $375 status reports 1.13 Submittals/projecUteam 4 8 3 2 $2,465 manaqement Hours Summary 9 40 27 28 0 0 Cost Subtotal $1,575 $5,800 $3,375 $3,220 $0 $0 $13,970 Task 1 KTU+A Labor Cost $13,970 Task 1 -Subconsultants Psomas $7,060 EDI $3,200 Hope-Amundson $1,570 NOVA Services $1,660 Turbo CM $600 Task 1 Subconsultant Labor Cost $14,090 Task 1 KTU+A and Subconsultant Labor Cost $28,060 16 City Attorney Approved Version 4/1/15 Item #1 November 8, 2016 21 of 39 Senior Senior Principal Associate/ Associate Designer Designer Clerical KTU+A Irrigation TOTAL $175 $145 $125 $115 $105 $85 Task 2 -Design Development Phase {30%) 2.1 Design team meetings (3) 3 3 $810 2.2 Base map updates (x 7) 1 6 $815 2.3 Demolition plans and notes 2 12 $1,630 2.4 Grading, drainage, hydrology 1 2 $355 plans/details & notes 2.5 Horizontal control plans (Civil) 1 1 $240 2.6 SWMP/SWPPP plans/details & 1 1 $240 notes 2.7 Technical reports (water quality, 1 1 $240 drainage, hydrology, Geotech) 2.8 Lighting/electrical plans/details & 1 . $125 notes 2.9 Landscape construction layout 1 6 15 $2,620 plans 2.10 Landscape hardscape and finish 1 6 15 $2,620 plans 2.11 Construction materials and finish 3 9 $1,410 schedule 2.12 Landscape construction details 1 6 14 $2,505 2.13 Landscape plantin!:l plans 4 14 $2,110 2.14 Landscape planting legend and 1 4 $585 notes 2.15 Landscape irrigation plans 7 14 $2,625 2.16 Landscape irrigation legend and 2 6 $980 notes 2.17 Outline specifications (Division 16 1 2 $395 CSI) 2.18 ADA analysis 2 $250 2.19 Design development opinion of 2 $250 construction costs 2.20 Project schedule update 1 $125 2.21 30%: QA/QC review and drawing 2 2 $640 audit 2.22 City review meeting (1) 2 2 $540 2.23 Address/respond to comments 2 $250 2.24 Agendas, minutes, status reports 3 1 $460 2.25 Submittals/project/team 4 12 8 4 $3,900 management Hours Summary 6 32 59 118 0 1 Cost Subtotal $1,050 $4,640 $7,375 $13,570 $0 $85 $26,720 Task 2 KTU+A Labor Cost $26,720 17 City Attorney Approved Version 4/1/15 Item #1 November 8, 2016 22 of 39 Task 2 -Subconsultants I Psomas $19,160 EDI $3,850 Hope-Amundson $3,360 NOVA Services $4,325 Turbo CM $4,500 Task 2 Subconsultant Labor Cost $35,195 Task 2 KTU+A and Subconsultant Labor Cost $61 ,915 Senior Senior Principal Associate/ Associate Designer Designer Clerical KTU+A Irrigation TOTAL $175 $145 $125 $115 $105 $85 Task 3 -Construction Documents (80% and 100%) 3.1 Design team meetings (3) 3 3 $810 3.2 Address QAQC & City 2 4 $710 Com men ts/Corrections 3.3 Demolition plans and notes 2 18 $2,320 3.4 Grading, drainage, hydrology 2 2 $480 plans/details & notes 3.5 Horizontal control plans (Civil) 1 2 $355 3.6 SWMP/SWPPP plans/details & 1 2 $355 notes 3.7 Technical reports (water quality, 1 2 $355 drainage, hydroloqv, Geotech) 3.8 Lighting/electrical plans/details & 6 21 21 $5,370 notes 3.9 Landscape construction plans 6 21 21 $5,370 3.10 Landscape construction materials 1 6 12 · $2,275 and finish schedule 3.11 Landscape construction details 1 6 28 28 $7,055 3.12 Landscape planting plans 4 21 $2,915 3.13 Landscape planting legend and 2 6 $940 notes 3.14 Landscape irrigation plans 7 28 $4,235 3.15 Landscape irrigation legend and 2 7 $1 ,095 notes 3.16 Landscape irrigation calculations 2 6 $980 (MAWA & ETWU) 3.17 Specifications (Division 16 CSI) 2 10 $1,400 3.18 Supplemental provisions manual 5 12 $2,005 3.19 Final design calculations 2 2 $540 3.20 80% & 100%: Opinion of est. 3 $375 construction cost 3.21 80% & 100%: Project schedule 4 $500 3.21 80% & 100%: QA/QC Review 10 6 4 $3,120 3.22 80% & 100%: City Review 6 $870 Meetings (2) 3.23 100%: Parks/Rec Meeting (1) 3 $435 18 City Attorney Approved Version 4/1/15 Item #1 November 8, 2016 23 of 39 Senior Senior KTU+A Principal Associate/ Associate Designer Designer Clerical TOTAL Irrigation 3.24 100%: Planning Commission 3 $435 Meeting (1) 3.25 100%: City Council Meeting (1) 3 $435 3.26 80%/100% QA/QC drawing audits 1 1 6 9 $2,105 3.27 Agendas, minutes, status reports 5 $625 3.28 Submittals/projecUteam 8 16 8 6 $5,410 management Hours Summary 19 56 81 217 70 0 Cost Subtotal $3,325 $8 ,120 $10,125 $24,955 $7,350 $0 $53,875 Task 3 -Construction Documents (80% and 100%) $53,875 Task 3 · Subconsultants Psomas $28,430 EDI $8,850 Hope-Amundson $3,345 NOVA Services $2,700 Turbo CM $9,000 Task 3 Subconsultant Labor Cost $52,325 Task 3 KTU+A and Subconsultant Labor Cost $106,200 Task 4 · Bidding Phase I 4.1 Pre-bid meeting: Prospective 4 $500 Contractors ( 1) 4.2 Pre-bid I 12 $1 ,500 RFls/clarifications/addendas 4.3 Reports/projecUteam management 1 2 8 $1,465 Hours Summary 1 2 24 0 0 0 Cost Subtotal $175 $290 $3,000 $0 $0 $0 $3,465 Task 4 -Bidding Phase I $3,465 Task 4 · Subconsultants Psomas $3,115 EDI $810 Hope-Amundson $320 NOVA Services $270 Turbo CM $900 Task 4 Subconsultant Labor Cost ~ $5,415 Task 4 KTU+A and Subconsultant Labor Cost $8,880 19 City Attorney Approved Version 4/1/15 Item #1 November 8, 2016 24 of 39 Senior Senior KTU+A Principal Associate/ Associate Designer Designer Clerical TOTAL Irrigation Task 5 · Construction Admin and I I I I Management Phase 5.1 Pre-construction meeting 4 I $500 5.2 Weekly construction progress 28 I $3,500 meetings (10) 5.3 RF ls/review contractor and shop 6 6 6 $2,310 drawin~ submittals 5.4 Field review reports ( 10) 7 7 $1,470 5.5 Pre-maintenance walk-through and I 8 8 1 $2,245 report 5.6 Pre-final walk-through and report 7 7 1 $1 ,975 5.7 Final walk-through (project close 6 6 I 1 $1,705 out) and report I 5.8 Review contractor as- . I 2 2 16 I $2,380 builts/prepare record drawings 5.9 Project management 2 4 8 I 2 $2,160 Hours Summary 2 33 76 24 0 10 Cost Subtotal $350 $4,785 $9,500 $2,760 $0 $850 $18,245 Task 5 -Construction Administration and Management Phase $18,245 Task 5 · Subconsultants Psomas $9,270 EDI $2,695 Hope-Amundson $1,010 NOVA Services $270 Task 5 Subconsultant Labor Cost $13,245 Task 5 KTU+A and Subconsultant Labor Cost $31,490 Total Cost KTU+A Total Hours 37 163 267 387 70 11 KTU+A Cost Subtotal $6,475 $23,635 $33,375 $44,505 $7,350 $935 $116,275 Subconsultants Psomas $67,035 EDI $19,405 Hope-Amundson $9,605 NOVA Services $9,225 Turbo CM $15,000 Subconsultant Cost Subtotal $120,270 Miscellaneous Reimbursables $7,000 As Needed Allowance $24,350 Miscellaneous Cost Subtotal $31,350 Total Cost ·2s1,ags I 20 City Attorney Approved Version 4/1/15 Item #1 November 8, 2016 25 of 39 California All-Purpose Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of San Diego Onoct-2o-t, 20~, before me, Elyce Marie Martinez, Notary Public, personally appeared -Sc"'-"' \-n:,\\ot....:>c...~ r._.._C{ \.-l.\c."-1.c..et s; .... 5,€ to"" Name(s) ofSigner(s) who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) .¢/are subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in hi-sflrer/their authorized capacity (ies) and that by hisitrerftheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person( s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Description of Attached Document Title or Type ofDocument A9~v,..e_.r-.t ~~ Lo...s~c:...tt•, ~4 "'"'se"""'..,t-~e.~<.'-!J 6.:..roce.:. ..... S'~r-Oe Document Date: l o \ 'l.c. l 2.o I lo Number of Pages (including this one) Additional Information A Cc.-es c / """cD ~ -e-i.~ () ~ \ ~ c-r:r 1c..,-1_.r AP"tc. ...... ":1-s c. ....c..(. (s....c,. Jc C..f.l-e_ ll ,....c. .... :\@ c.~ Capacity(ies) Claimed by Signer D Individual D Corporate Officer-Title(s) _________ _ D Partner: Limited General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other Signer is representing: _____________ _ Right Thumbprint of Signer 1 Right Thumbprint of Signer2 Item #1 November 8, 2016 26 of 39