Loading...
HomeMy WebLinkAboutFerguson Pape Baldwin Architects Inc; 2021-09-20;PSA22-1589FAC City Attorney Approved Version 6/12/18 1 AGREEMENT FOR ARCHITECTURAL SERVICES FOR TEMPORARY FIRE STATION 7, CIP PROJECT NO. 4091 FERGUSON PAPE BALDWIN ARCHITECTS, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and Ferguson Pape Baldwin Architects, Inc., a California corporation ("Contractor"). RECITALS A. City requires the professional services of an architectural firm that is experienced in conceptual design and commercial property tenant improvement work. B. Contractor has the necessary experience in providing professional services and advice related to general architectural work including programmatic planning, conceptual design, preparation of tenant improvement plans and specifications and cost estimating. 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 shall not exceed twenty thousand dollars ($20,000). 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: 60A0BAEA-217C-4FAE-8CD9-67077AF5C3A6 September 20th PSA22-1589FAC City Attorney Approved Version 6/12/18 2 6. 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 be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, DocuSign Envelope ID: 60A0BAEA-217C-4FAE-8CD9-67077AF5C3A6 PSA22-1589FAC City Attorney Approved Version 6/12/18 3 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. In no event shall the cost to defend 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 a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: DocuSign Envelope ID: 60A0BAEA-217C-4FAE-8CD9-67077AF5C3A6 PSA22-1589FAC City Attorney Approved Version 6/12/18 4 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. /// /// /// DocuSign Envelope ID: 60A0BAEA-217C-4FAE-8CD9-67077AF5C3A6 PSA22-1589FAC City Attorney Approved Version 6/12/18 5 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name John Maashoff Name Amanda Schultz Title Public Works Manager Title Executive Vice President Department Public Works Address 4499 Ruffin Road, Suite 300 City of Carlsbad San Diego, CA 92123 Address 405 Oak Ave Phone No. 619-231-0751 Carlsbad, CA 92008 Email aschultz@fpbarch.com Phone No. 760-434-2856 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes ☒ No ☐ 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The DocuSign Envelope ID: 60A0BAEA-217C-4FAE-8CD9-67077AF5C3A6 PSA22-1589FAC City Attorney Approved Version 6/12/18 6 City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the DocuSign Envelope ID: 60A0BAEA-217C-4FAE-8CD9-67077AF5C3A6 PSA22-1589FAC City Attorney Approved Version 6/12/18 7 County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 60A0BAEA-217C-4FAE-8CD9-67077AF5C3A6 PSA22-1589FAC City Attorney Approved Version 6/12/18 8 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California FERGUSON PAPE BALDWIN ARCHITECTS, INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Amanda M. Schultz, Vice-President (print name/title) By: (sign here) Philip J. Pape, Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 60A0BAEA-217C-4FAE-8CD9-67077AF5C3A6 James Ferguson Philip Pape Andrew Darragh Daniel Rosenberg Amanda Schultz Jeana Renger President Executive Vice President Executive Vice President Executive Vice President Executive Vice President Executive Vice President 4499 Ruffin Road Suite 300 San Diego CA 92123 619 231 0751 Fax 619 231 4396 www.fpbarch.com August 24, 2021 Revision 1 August 25, 2021 Mr. John Maashoff, P.E. Public Works Manager City of Carlsbad 405 Oak Avenue Carlsbad, CA 92008 Subject: Proposal for Professional Services Revision 1 City of Carlsbad Temporary Fire Station – Concept Design FPBA Project No. 21057 Dear John: Ferguson Pape Baldwin Architects is pleased to submit this proposal to provide Concept Design Services for the existing building conversion into a temporary fire station at 4800 Carlsbad Boulevard in Carlsbad, CA. The building is approximately 6,000 square feet. PROJECT TEAM 1. DISCIPLINES INCLUDED a. Architecture:Ferguson Pape Baldwin Architects b. Cost Estimating:Cumming Management Group, Inc. A delineation of proposed Cost Estimating services is included in the attached proposal from Cumming Management Group, Inc., dated 8/24/21. SCOPE/SERVICES INCLUDED The following Architectural Basic Services are included in the scope of this Project. Deliverables are indicated in bold italics. The goal of this initial phase is to determine if the City of Carlsbad would like to move forward with leasing this building option for the temporary fire station site. 1.Scoping Meetings: Attend up to (3) teleconferences with the City of Carlsbad to determine the upgrades needed based on existing conditions. 2.Field Visit: Visit the site to review visible existing conditions. One (1) site visit is included as Basic Services. 3.Test Fit Plans: Provide Test Fit Floor Plans for review by the City of Carlsbad. These plans will be in sketch format over the 1985 Floor Plan, received 8/20/21, with limited keynotes to confirm that the basic space requirements and adjacencies can be met. We assume up to (3) Test Fit Floor Plan options may be required to gain approval. Exhibit A PSA22-1589FAC DocuSign Envelope ID: 60A0BAEA-217C-4FAE-8CD9-67077AF5C3A6 City of Carlsbad Temporary Fire Station – Concept Design (Revision 1) FPBA Project No. 21057 August 25, 2021 Page 2 4.Review Meeting/Revisions: Attend (1) meeting via teleconference with the City of Carlsbad to review Item 3 above. Respond to comments from the City of Carlsbad and revise Item 3 to reflect needed changes. (1) Minor update is included as Basic Services. 5.Pricing Coordination: Assist the Cost Estimator in providing conceptual cost estimating for the preferred Test Fit Floor Plan. SCHEDULE We will begin the work immediately upon authorization and issue the first sketches within ten working days. Revisions will be provided in a timely manner. ASSUMPTIONS AND UNDERSTANDINGS 1. 3D Sketches, Photorealistic Renderings, or Virtual Reality (VR) services will be provided as an Additional Service, if requested. 2. Civil, structural, mechanical/plumbing, electrical engineering, and landscape architecture services will not be required for this phase of the Project. 3. Laser scanning/extensive field review to arrive at an accurate drawing will be provided in future phases of the project, as required. 4. Additional options, additional iterations, Conditions Reports, Building Comparison Analyses, or further development of the plans will be provided as Additional Services or in future phases of the project, as required. COMPENSATION FOR SERVICES We propose to provide the professional services outlined above and as summarized in the Fee Summary R1 on an hourly basis not to exceed Nineteen Thousand Nine Hundred Dollars [$19,900.00], including an Architect-Controlled Contingency on an hourly basis not to exceed Twelve Thousand Four Hundred Dollars [$12,400], without written approval from the City of Carlsbad. The fee allowance indicated does not include reimbursable expenses as defined in the attached Schedule of Hourly Billing Rates. We estimate that reimbursable expenses will not exceed $100 for this effort. Additional Services, if required, will be provided at the prevailing rates indicated in the attached Schedule of Hourly Billing Rates. Additional Services will proceed only upon written authorization from the City of Carlsbad. If this proposal is acceptable to you, please indicate the selected services and a total authorized amount below with a signature. This proposal shall remain valid for ninety (90) days. PSA22-1589FAC Exhibit A (continued) DocuSign Envelope ID: 60A0BAEA-217C-4FAE-8CD9-67077AF5C3A6 City of Carlsbad Temporary Fire Station – Concept Design (Revision 1) FPBA Project No. 21057 August 25, 2021 Page 3 We appreciate this opportunity and look forward to working with you on this important project. Should you have any questions, we are available at your convenience. Best Regards, Accepted By: FERGUSON PAPE BALDWIN ARCHITECTS City of Carlsbad ___________________________________________ Amanda M. Schultz, NCARB, LEED AP BD+C, DBIA™ Name/Title: Executive Vice President Date: License No. C33089 Attachments: FPBA Fee Summary R1, dated 8/25/21 FPBA Schedule of Hourly Billing Rates, issued January 2021 Cumming Management Inc. Proposal #21-2457, dated August 24, 2021 Cumming 2021 Hourly Rates PSA22-1589FACExhibit A (continued) DocuSign Envelope ID: 60A0BAEA-217C-4FAE-8CD9-67077AF5C3A6 FEE SUMMARY R1 - BASIC AND ADDITIONAL SERVICES Ferguson Pape Baldwin Architects Project:City of Carlsbad Temporary Fire Station Client Contact:John Maashoff Project No:21057 Initial Date: 24-Aug-21 Client: City of Carlsbad City of Carlsbad Project Client Address:405 Oak Avenue Project Mgr:Updated: 25-Aug-21 Address:4800 Carlsbad Boulevard Carlsbad, CA 92008 PIC:Amanda Schultz Carlsbad, CA 92008 Project Client Phone:(760) 434-2856 Description: Discipline:Architectural Cost Estimating Architect-Controlled Contingency Civil Landscape Structural MEP Cumming Excluded Excluded Excluded Excluded Subtotal by Phase Phase Service Contract Type BASIC SERVICES 1 Concept Design 2 $5,000 $2,500 $12,400 $19,900 $0 $0 $0 $0 TOTAL BASIC SERVICES $5,000 $2,500 $12,400 $0 $0 $0 $0 $19,900 ADDITIONAL SERVICES INCLUDED $0 $0 $0 TOTAL ADDITIONAL SERVICES INCLUDED $0 $0 $0 $0 $0 $0 $0 $0 TOTAL BASIC & ADDITIONAL SERVICES INCLUDED $5,000 $2,500 $12,400 $0 $0 $0 $0 $19,900 ESTIMATE FOR REIMBURSABLES $100 $0 $0 $0 $0 $0 $100 $0 OPTIONAL ADDITIONAL SERVICES $0 $0 $0 TOTAL OPTIONAL ADDITIONAL SERVICES $0 $0 $0 $0 $0 $0 $0 $0 Contract Type Key:1 Hourly 2 Hourly - max 3 Cost Plus 4 Fixed Fee 5 Phased Fixed Fee 6ksf TI on single story existing building Ferguson Pape Baldwin Architects Ferguson Pape Baldwin Architects PSA22-1589FACExhibit A (continued) DocuSign Envelope ID: 60A0BAEA-217C-4FAE-8CD9-67077AF5C3A6 James Ferguson Philip Pape Andrew Darragh Daniel Rosenberg Amanda Schultz Jeana Renger President Executive Vice President Executive Vice President Vice President Vice President Vice President 4499 Ruffin Road Suite 300 San Diego CA 92123 619 231 0751 | 1161 Mission Street Suite 513 San Francisco CA 94103 650 331 0754 www.fpbarch.com SCHEDULE OF HOURLY BILLING RATES (Effective January 2021) Principal 225.00 Sr. Project Manager 190.00 Sr. Project Architect / Sr. Designer / Project Manager 175.00 Project Architect 150.00 Sr. Job Captain / Designer II 145.00 Job Captain / Designer I 125.00 Junior Designer 110.00 Clerical 80.00 When authorized by the Owner in writing, expense of overtime work will be billed higher than regular rates. Reimbursable Expenses Reimbursable expenses are actual expenses made by the Architect, the Architect's employees and consultants in the interest of the Project and include, but are not limited to the following expenses: 1. Expenses of transportation in connection with the Project; living expenses in connection with out-of-town travel and long distance communications, as approved by, and negotiated with Owner. 2. Expenses of reproductions including plotting/printing of CAD files, renderings and other electronic data, postage, permit processing service, delivery and handling of drawings and other documents. 3. Expenses for hiring a Permit Processing Consultant to assist with Building Permit plan check and other regulatory related services. Reimbursable expenses shall be billed at cost + 10% administration costs. PSA22-1589FAC Exhibit A (continued) DocuSign Envelope ID: 60A0BAEA-217C-4FAE-8CD9-67077AF5C3A6 15010 Avenue of Science Suite 100 San Diego, CA 92128 Phone: 858-485-6765 Fax: 858-673-9263 ccorpusa.com August 24, 2021 Amanda Schultz, NCARB, LEED AP BD+C, DBIA Executive Vic e President Ferguson Pape Baldwin Architects 4499 Ruffin Road, Suite 300 San Diego, CA 92133 Proposal #21-2457 Re: City of Carlsbad – Temporary Fire Station Proposal for Cost Management Services Dear Amanda, Thank you for giving Cumming the opportunity to work on the above referenced project. As requested, we are pleased to present our fee proposal for cost management services. Project Understanding In summary, we understand the project involves converting approximately 1,750 sf of existing space in the old Carlsbad Power Plant space to a temporary fire station. The scope of work will include selective demolition, minor structural modifications, interior partitions and finishes, modifications to MEP systems, and hazardous material abatement. Base Scope of Services Our base scope of services will include: 1.Prepare a Feasibility Cost Estimate based on test fit plans. 2.Issue one revision of the SOPC incorporating design team comments (revisions due to scope changes are excluded) Feasibility / conceptual design cost estimates typically provide cost information at a high level and are typically based on square foot basis, functionality, systems, and basis of design. The Feasibility cost estimate will be based on a combination of quantity take-off, where possible, and historic and parametric data of similar projects and developments. Fee Proposal Our Time and Material (not to exceed) fee proposal for the above scope of services is $2,500. Exclusions / Clarifications The following are excluded from our scope of services / proposal: a.Preparation of cost management deliverables in addition to those outlined as part for the base scope of services in this proposal. b.Cost studies for design options and alternates. PSA22-1589FACExhibit A (continued) DocuSign Envelope ID: 60A0BAEA-217C-4FAE-8CD9-67077AF5C3A6 15010 Avenue of Science Suite 100 San Diego, CA 92128 Phone: 858-485-6765 Fax: 858-673-9263 ccorpusa.com c.Revisions to completed cost estimates to incorporate scope changes. d.Estimates for move management, swing space, temporary accommodation. The estimate will be prepared in our standard format and will typically comprise construction costs including hard costs, general conditions, bonds, insurance, fees, design contingencies and escalation. All soft costs including FF&E and construction contingencies are excluded. Any additional services over and above those noted above will be based on Time and Materials using our published hourly rates. Our fees assume drawings, specifications, and reports required for the performance of our work will be provided in electronic, PDF format at no cost to Cumming. Our fees are valid for ninety days from the date of this proposal. Each milestone estimate capitalizes on the previous estimate, should any of the above tasks be deleted from our scope of services, we reserve the right to adjust the above fees, to reflect possible resultant changes to the scope of the remaining service. Task completion for each milestone estimate shall not be less than 10 full working days (14 calendar days) from receipt of all required documents (see above). Please note that to proceed we will require either a formal written contract or at a minimum an interim email indicating authorization to proceed and your project number. We will be periodically billing for the above-mentioned services. Our proposal does not include withholding Retention on our fees. Your acceptance of the proposal as indicated below will be binding on both parties. We look forward to proceeding with you on this project. We trust the above will be to your satisfaction. We are available to discuss any questions you may have regarding this fee proposal. Please indicate your acceptance by signing below and returning a copy of this document to our office. Respectfully, ACCEPTED: _________________________ _________________________ Ashok K Patel MRICS Ferguson Pape Baldwin Architects Managing Director Cumming Management Group, Inc. Date: _____________________ PSA22-1589FAC Exhibit A (continued) DocuSign Envelope ID: 60A0BAEA-217C-4FAE-8CD9-67077AF5C3A6 www.ccorpusa.com 2021 HOURLY RATES COST MANAGEMENT DISCIPLINE HOURLY RATE Managing Director / Director / Regional Director $235.00 Associate Director $210.00 Senior Cost Manager $190.00 Cost Manager $175.00 Assistant Cost Manager / Estimating Technician / Intern $110.00 PSA22-1589FAC Exhibit A (continued)DocuSign Envelope ID: 60A0BAEA-217C-4FAE-8CD9-67077AF5C3A6 PSA22-1589FACExhibit A (continued)DocuSign Envelope ID: 60A0BAEA-217C-4FAE-8CD9-67077AF5C3A6 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD 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 COMPENSATIONAND 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 BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE 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 PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE 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 onthis 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 6/18/2021 License # 0E67768 (858) 754-0063 50233 (619) 574-6288 13056 Ferguson Pape Baldwin Architects, Inc.4499 Ruffin RoadSan Diego, CA 92123 19437 A 2,000,000 XXPSB0002545 10/26/2020 9/30/2021 1,000,000 Contractual Liab.10,000 Sev. of Interests 2,000,000 4,000,000 4,000,000 Deductible 0 1,000,000A X PSA0002107 10/26/2020 9/30/2021 No Co. Owned Autos 5,000,000A PSE0001809 10/26/2020 9/30/2021 5,000,000 0 A X PSW0002135 9/1/2020 9/30/2021 1,000,000N1,000,000 1,000,000 B Professional Liab.035713745 6/18/2020 Per Claim 5,000,000 B Ded.: $50K Per Claim 035713745 6/18/2020 9/30/2021 Aggregate 5,000,000 Re: Master Agreement for Interior Design Services - PSA19-612CA City of Carlsbad/CMWD is Additional Insured with respect to General and Auto Liability per the attached endorsements 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/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 4668 - ECM #35050New York, NY 10163-4668 FERGPAP-01 MCGRAWM IOA Insurance Services4370 La Jolla Village DriveSuite 600San Diego, CA 92122 Erica Wilson Erica.Wilson@ioausa.com RLI Insurance Company Lexington Insurance Company X 9/30/2021 X X X X X X X X X X X