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HomeMy WebLinkAboutContracts & Agreements_88-2022AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of professional architectural and engineering services ("Agreement") is made and entered in this 7th day of June, 2022 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and PBK-WLC, ("Consultant") City and Consultant are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Consultant agree as follows ARTICLE 1 — ENGAGEMENT OF CONSULTANT 1 1 City hereby engages Consultant to provide professional architectural and engineering services for City (the "Services") 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services. ARTICLE 2 — SERVICES OF CONSULTANT 2.1 The Services that Consultant shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by this reference 2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, any applicable State prevailing wage laws. ARTICLE 3 — RESPONSIBILITIES OF CITY 31 City designates Fire Chief Rich Sessler, Fire Department Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "B," titled "Project Schedule," which is attached hereto and incorporated herein by reference 4.2 Consultant shall complete the Services by December 31, 2023, unless the Services are terminated earlier as provided for herein. 1 L:\ca\djm\Agreements\PBK WLC Agreement.PS-1 1.FY21-0129.doc.jn 4.3 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council -adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff ARTICLE 5 — PAYMENTS TO CONSULTANT 5 1 Total compensation for Consultant's performance of the Services shall be in the amount of Two Hundred Thousand ($225,000) City shall pay Consultant in accordance with Exhibit "C" titled ("Cost Proposal") attached hereto and incorporated herein by reference 5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person, (ii) five (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section. CITY. City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org Phone (909) 798-7531 CONSULTANT. Kelley Needham, Managing Partner PBK-WLC 8163 Rochester Avenue Rancho Cucamonga, CA 91730 Email Phone (909) 987-0909 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City 2 L:\ca\djm\Agreements\PBK WLC Agreement.PS-1 1.FY21-0129,doc.jn A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self -insured or exempt from the workers' compensation laws of the State of California. Consultant shall execute and provide City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made D Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City E. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor 6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services. ARTICLE 7 — CONFLICTS OF INTEREST 7 1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services. Consultant further covenants and 3 L,\ca\djm\Agreements\PBK WLC Agreement.PS-1 1.FY21-0129.doc.jn represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: A. Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof. B Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City's immediate termination of this Agreement. 8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor any its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account 4 L:\ca\djm\Agreements\PBK WLC Agreement.PS-1 1.FY21-0129.doc.jn only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation. 8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant. 8 6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 8 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California. 8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. 5 L:\ca\djm\Agreements\PBK WLC Agreement.PS-1 1.FY21-0129.doc.jn IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement CIT LANDS PBK-WLC By By Paul T Barich, Mayor ATTEST eanne Donaldson, City Clerk 6 L \ca\djm\Agreements\PBK WLC Agreement.PS 1 1 FY2I 0129.doc.jn lley Needham. Managing Partner EXHIBIT "A" SCOPE OF SERVICES A. BASIC ARCHITECTURAL SERVICES The following is a list of the basic activities and services anticipated for your new project. The scope has been divided into the five phases typically associated with architectural services 1 Schematic Design Phase The first and perhaps most important task during the Schematic Design Phase will be to establish and determine the best approach to the design of the primary systems in the project. The architectural program shall be developed. Alternative configurations shall be quickly explored in order to evaluate the best opportunities. A design concept shall be formulated in order to provide a sound basis for subsequent planning and design decisions to occur The design concept shall be utilized to evaluate advantages and disadvantages of each potential alternative. Site and programmatic factors, aesthetic quality, cost, and other key factors related to the project shall be utilized in order to form the basis of an evaluation. Through a variety of informal meetings with the project committee, a schematic design concept shall be established. During the Schematic Design Phase for your project, the following tasks and deliverables been identified. A. Master Site Plan A master site plan shall be prepared in order to describe all major site components and to illustrate the overall site planning concept for the project. All structures, parking areas, and circulation components shall be identified. Areas of future expansion and/or future phasing shall also be defined. B. Preliminary Landscape Plan A preliminary landscape plan shall be prepared in order to illustrate proposed planting, landscaping techniques, and design concepts. Drought resistant, low maintenance, and xeriscape techniques shall be defined. A preliminary plant palette, identifying major tree and shrub species, shall be included. C. Preliminary Floor Plans A preliminary floor plan of each level for every structure proposed shall be prepared. D Exterior Elevations Exterior elevations shall be prepared to illustrate all major views of the project. Elevations shall be drawn to depict scale, character, architectural vocabulary, and shall be delineated to communicate the aesthetic qualities of the project. E. Schematic Design Cost Estimate A Schematic Design construction cost estimate shall be prepared and included with the summary report. 7 L.\ca\djm\Agreements \PBK WLC Agreement.PS-1 1.FY21-0129.doc.jn F Project Schedule A comprehensive project schedule shall be prepared. The project schedule shall include anticipated time frames for each phase of the project as well as any other milestones required by the City 2. Design Development Phase After completion of the Schematic Design Phase, the design of the project shall be advanced into more detailed refinement by initiating the Design Development Phase Our Design Team shall prepare design development documents consisting of drawings, outline specifications, design calculations, material/equipment submittals, fixture cuts, and a design development opinion of estimated construction cost. Architectural, structural, electrical, and mechanical systems shall be further detailed and analyzed. Preliminary drawings shall be prepared for each of these systems and options which may exist shall be evaluated. During the Design Development Phase, requirements for cabinets, casework, hardware, and related specialties shall be determined. A preliminary furniture plan shall be prepared indicating usage and furniture layout of every workstation, office, and support space. Final selection of materials, textures, and colors shall occur The Design Development Phase is essentially the time when preliminary design proposals are refined to a level of detail and developed to a state such that final construction documents can be initiated. The Design Development Phase is the time when all final decisions pertaining to the proposed project are evaluated and finalized. During the Design Development Phase, the following tasks and deliverables have been identified A. Design Development Plans Design development drawings shall be prepared in order to fix and describe the size and character of the entire project including architectural, structural, mechanical, electrical and landscape design features. B. Outline Specifications Outline specifications shall be prepared in order to identify and define the materials and system components selected for the project. Outline specifications shall be prepared in summary outline form based on CSI format. C. Basis of Design A technical manual shall be assembled to organize product literature and data for all materials, equipment, and fixtures selected for the project. D Building Code Analysis Drawings, diagrams, and calculations shall be prepared based upon all applicable building codes having jurisdiction over the project. A preliminary occupancy and exiting plan shall be prepared to identify the type of construction, type of occupancy, required fire rating/separation, and location/number of exits required. 8 L.\ca\djm\Agreements\PBK WLC Agreement.PS-1 1.FY21-0129.doc.jn E. Design Development Cost Estimate A Design Development construction cost estimate shall be prepared to reflect the scope and anticipated construction costs as reflected by the design development documents F Project Schedule An updated project schedule shall be prepared and submitted. 3. Construction Document Phase The final Construction Document Phase of the project generally consists of the preparation of the construction documents to include final drawings, specifications, calculations, and final cost estimates. Our proposal includes complete and comprehensive architectural and engineering services required to execute the entire project. Specifically, we have included the following disciplines • Architectural • Civil Engineering • Structural Engineering • Mechanical Engineering • Electrical Engineering • Landscape Architecture During this phase, the Contract Documents are prepared setting forth in detail the requirements for the construction of the project. General conditions, instructions to bidders, and all special requirements are defined, and when combined with the various trade specifications, a complete project manual is produced. During the Construction Document Phase final cost studies shall be prepared. A detailed opinion of construction cost shall be prepared at the point where final plans and specifications are approximately 50% complete Once construction documents have almost been completed, a revised opinion of cost shall be prepared at the level of approximately 90% completion. Allowable construction costs will be consistently monitored during the entire process in order to minimize the possibility of requiring major refinement or modification due to budgetary limits The following tasks are specifically proposed for the project: A. Construction Drawings Final construction drawings shall be prepared in order to describe and identify the spaces, sizes, volume, and location in detail for the construction of the project. B. Project Manual A project manual shall be prepared to include all instructions to bidders, bidding forms, general conditions, supplementary special conditions, and the construction trade sections for the project. The project manual provides detailed technical information pertaining to 9 L:\ca\djm\Agreements\PBK WLC Agreement.PS-1 1.FY21-0129.doc.jn the administration of the contract for construction, materials and equipment to be furnished, acceptable manufacturers, and the requirements for executing the work. C. Final Design Calculations Final design calculations shall be prepared and submitted with the final plans and specifications for review and approval by governing agencies having jurisdiction over the project. Structural calculations, hydrology/drainage calculations, and mechanical/electrical (Title 24 Energy Compliance) shall be completed during this phase D Construction Cost Estimate A final construction cost estimate shall be prepared at the point where plans and specifications are approximately 50% complete A second cost opinion shall be prepared at the 90% completion point in order to address any refinement or modification occurring during the preparation of the construction documents The cost opinion shall be prepared utilizing specific area and quantity take -offs applied to labor and material cost, and shall include allowance for general conditions, Contractor's profit and overhead, and contingencies. E. Final Plan Check All final plans, specifications, and supporting calculations shall be submitted to appropriate agencies having jurisdiction over the project. The final construction documents shall be revised and amended in order to reflect any plan check requirements, and at this time, construction documents will be ready for competitive bidding. 4. Bidding Phase During the Bidding Phase, the Architect shall provide administrative support services to assist the City in obtaining competitive bids for the proposed project. The Architect shall respond to any questions, clarifications, or conflicts which may arise in the form of written addenda to the contract documents. At this time, requests for substitutions may be considered if allowed by the contract documents. The Architect shall assist the City with an evaluation of the bids received and make a recommendation for award of the contract for construction. The following services for the Bidding Phase of the project are proposed. A. Bidding Procedures and Administration The Architect shall assist the City with the Bidding Phase of the project. Questions, clarifications, or conflicts arising out of the bidding process will be resolved by addenda prepared by the Architect. Addenda to the contract for construction shall be prepared in writing to document any clarification or modification made to the contract documents B. Evaluation of Bid Proposals 10 L.\ca\djm\Agreements \PBK WLC Agreernent.PS-1 1.FY21-0129.doc.jn Upon receipt of all bid proposals, a review and evaluation shall be conducted by the Architect. The completeness of each bid proposal shall be evaluated whenever consideration exists to award to the proposing contracting entity The completeness of the bid proposal, proposed subcontractors, affidavit of signature and other special bid proposal requirements shall be reviewed by both the City and the Architect. C. Notice to Award Construction Contract Upon the completed review of appropriate bid proposals, the Architect shall provide a recommendation for consideration regarding the potential award of the contract for construction. 5. Construction Administration Phase The Architect shall conduct job site meetings at two -week intervals in order to generally review and evaluate the construction schedule, monitor weekly performance, review quality control standards, and provide assistance for any clarification or revision to the contract for construction. Shop drawings and related submittals shall be reviewed and returned to the Architect for appropriate action. The Contractor's requests for information, proposal requests, and related communications shall be attended to on a regular basis. Contractor's pay requests shall be reviewed by the Architect on a monthly basis in accordance with the amount of work completed and in accordance with the contract documents At every job site meeting, minutes shall be prepared, published and distributed by the Architect to all parties concerned, specifically noting current action items and related responsibilities Upon completion of the Construction Phase the Architect shall organize and conduct a final walk-through and review A final punch list for all required corrections and remaining work shall be prepared. During the Construction Phase of the project, the following services shall be furnished. A. Preconstruction Conference A preconstruction conference shall be organized and conducted by the Architect to brief all parties concerned with general and special requirements of the contract for construction. Procedural matters, routing of information, and project representatives shall be defined. Attendees shall include representatives from the Fire Department, the Architect, the Contractor, and all major subcontractors. B. Job Site Meetings Job site meetings at two -week intervals shall be scheduled and conducted by the Architect for the same day and time through the duration of the project. Scheduling, coordination, requests for information, and changes to the contract for construction are routinely monitored. The Architect shall publish and distribute a field report for each job site meeting, documenting the progress of construction and specifically noting current and delinquent action items. C Submittal and Shop Drawing Review 11 L.\ca\djm\Agreements\PBK WLC Agreement.PS-1 1.FY21-0129.doc.jn The Architect shall review all required shop drawings and related submittals as required by the contract documents. D Project Closeout At the completion of the Construction Phase a final job site meeting and review of the entire facility shall be conducted. A final punch list will be published and distributed by the Architect to all parties concerned, specifically noting required corrections, non- conforming work, and work remaining to be completed. A second walk-through shall be conducted when all punch list items have been corrected, at which time a Final Notice of Completion shall be filed by the City E. Record Documents A set of final record documents will be created from the Contractor's as -built drawings. B. PROJECT SPECIFIC SERVICES The following items are not typically found in the basic scope of architectural services Based on the specifics of your site and our experience with projects of this type, we believe the following additional services will also be required. 1 Topographical Surveys A complete Topographical and Boundary Survey shall be furnished by the Design Team. The size, area, and overall configuration of the site area shall be accurately defined noting all existing conditions, improvements, utilities, and adjacent relationships 2. Geotechnical Investigations A Geotechnical Investigation shall be furnished by the design team The soils report shall be reviewed in order to determine existing soils conditions, soils characteristics, water table relationship to known seismic faults, and overall soils suitability for the proposed project. Specific recommendations shall be made for soils preparation related to the construction of footings, foundations, slabs, and various pavement sections 12 L:\ca\djm\Agreements\PBK WLC Agreement.PS-1 1.FY21-0129.doc.jn EXHIBIT "B" PROJECT SCHEDULE PHASE DESCRIPTION Duration in Days Start Date Completion Date 1 0 Schematic Design 31 July 5, 2022 August 5, 2022 2.0 Design Development 32 August 8, 2022 September 9, 2022 3.0 Construction Drawings and Specifications 60 September 12., 2022 November 11, 2022 50% Submittal October 12, 2022 100°% Submittal November 11, 2022 Initial Building Department Review 39 November 14, 20�2 December 23, 2022 Incorporate Review Comments 28 January 3,2023 January 31, 2023 Final Building Department Review 16 February 1, 2023 February 17, 2023 4.0 Bidding 28 March 1, 2023 March 29, 2023 Bid Review and Approval 32 March 30, 2023 May 1, 2023 Board Approval to Award May 2, 2023 5.0 C.onstructtun Construction 177 May 29, 2023 November 22, 2023 Punch ListlStart UP 14 November 27, 2023 December 11, 2023 TOTAL Days 524 PROJECT TIMELINE fears 1.44 July 5, 2022 December I I, 2023 13 L \ca\djm\Agreements\PBK WLC Agreement.PS 1 1 FY2I 0129.doc.jn EXHIBIT "C" COST PROPOSAL Fee Proposal Your contract with PBK will mark a purposeful investment in your facilities We are here to make sure that you consider that investment to be a good one, with significant returns PBK is extremely flexible when it comes to the fee structure that best suits each new commission. We want the City and Fire Department to feel that you are getting both a quality architectural product and excellent professional services at a fair market price In an effort to better define our fee proposal, we have broken it down into the following components • Basic Architectural Fee • Project Specific Fees • Total Fee • Reimbursables • Assumptions/Exclusions • Hourly Rate Schedule A description of each component is as follows A. BASIC ARCHITECTURAL FEE Our fee for basic architectural services will be a fixed lump sum and includes the following disciplines • Civil Engineering • Architectural Design • Structural Engineering • Mechanical Engineering • Electrical Engineering • Landscape Architecture Our fee has been established based on the remodel and expansion of Fire Station 262 The current Station is approximately 3,624 sf. Our basic fee includes all on -site improvements, circulation areas, parking areas, and landscaping. For the purposes of establishing a fee, we have assumed a preliminary construction budget of $2,000,000 00 A breakdown of our proposed fees is as follows 14 L:\ca\djm\Agreements\PBK WLC Agreement.PS-1 1.FY21-0129.doc.jn PHASE OF SERVICE FEE Schematic Design Design Development Construction Documents B idding Construction Administration B. PROJECT SPECIFIC FEES 30,000 20,000 100,000 10,000 40,000 $200,000 The following items are unique to each project and not typically found in the basic scope of architectural services. Based on our experience and interpretation of the information available, we believe the following services will also be required. TASK FEE Topographical Survey Geotechnical Investigation & TOTAL PROJECT SPECIFIC FEES $10,000 00 $13,000 00 $23,000 00 C. TOTAL FEE The following is the total of all fees along with an allowance for reimbursables SERVICE FEE Basic Architectural Fees Project Specific Fees Reimbursable Allowance $ $200,000 00 $23,000 00 $2,000 00 TOTAL FEE $225,000.00 D REIMBURSABLES Items required or requested by the City, Fire Department, or approving agency will be invoiced as reimbursable without markup on monthly intervals. Reimbursables generally include the following• 1 Bulk paper copy 2. Printing/Mylars. 3 Express or overnight mail/courier service The City will not incur any cost for travel, travel time, phone calls, faxes or incidental printing or copying 15 L.\ca\djm\Agreements\PBK WLC Agreement.PS-1 1.FY21-0129.doc.jn EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees. CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code § 1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. PBK-WLC By Date Kelley Needham, Managing Partner 16 L.\ca\djm\Agreements\PBK WLC Agreement.PS-1 1.FY21-0129.doc.jn