2022-09-13; City Council; ; Authorization of a Professional Services Agreement for Design Services for the Reconfiguration of the Emergency Operations Center — Carlsbad City Council, September 13, 2022

CA Review _RMC_

Meeting Date: Sept. 13, 2022

To: Mayor and City Council

From: Scott Chadwick, City Manager

Staff Contact: Steven Stewart, Municipal Projects Manager [email protected], 442-339-2938

Subject: Authorization of a Professional Services Agreement for Design Services for the Reconfiguration of the Emergency Operations Center

District: 2

Recommended Action
Adopt a resolution authorizing execution of a professional services agreement with Sillman Wright Architects, a California corporation, to provide design services for the Emergency Operations Center Reconfiguration Project, Capital Improvement Program Project No. 4719, in an amount not to exceed $272,640.

Executive Summary
The technology infrastructure within the Emergency Operations Center is undersized and lacks adequate equipment to meet current emergency response standards for the city. Recent emergency response events have underscored the need for the city to upgrade the space, technology infrastructure and furnishings to accommodate the number of staff that serve the city in such events.

Staff solicited design proposals for a project to reconfigure the center, reviewed the proposals received and now recommend the City Council authorize an agreement with Sillman Wright Architects to perform the work for an amount not to exceed $272,640.

Carlsbad Municipal Code Section 3.28.060(D)(5) requires City Council authorization for procurement of professional services that will cost the city more than $100,000 per agreement year.

Discussion
The operations center is located within the conference room wing of the Police and Fire Headquarters, 2560 Orion Way, as shown in Exhibit 2.

The Project Charter Report for fiscal year 2022-23 describes the authorized scope of the work on this project in the city’s Capital Improvement Program as modifications and upgrades that will include new furnishings, technology and tenant improvements in both conference rooms 2 and 3 to upgrade the facility to current standards for emergency response. The goal is to modernize and maximize the ability of the operations center to collect, analyze, display and disseminate information to better conform to the Federal Emergency Management Agency, Sept. 13, 2022
Item #5 Page 1 of 21

standards. These upgrades will include fixtures, computers, software, network equipment, communications, lighting and acoustical improvements.

The conference room wing of the Police and Fire Headquarters includes three conference rooms separated by folding doors, an audio-visual closet, utility room, restrooms, office, kitchenette and storage room. Currently the only space dedicated for the Emergency Operations Center is one of the three conference rooms. The other conference rooms, office and storage rooms have been used as break-out rooms for dedicated group use as needed during emergency response events.

The objective of this project is to combine two of the conference rooms into one for operations center use. The feasibility of constructing a separate, elevated space for the policy group in one of the conference rooms, or the storage room, will help determine which other spaces should be considered for use as break-out rooms. A key technology objective is to establish voice and data communication interconnectivity among the operations center and remaining conference room, break-out rooms, City Hall, police watch commander’s office, police dispatch, Utilities Department Operations Center, Faraday Administration Center and a mobile command post.

Staff issued a request for proposals to prepare the design plans and specifications for the reconfiguration project on June 1, 2022. These plans and specifications will be used to solicit bids for construction.

On July 20, 2022, staff received four proposals, which were subsequently distributed to an evaluation committee consisting of Information Technology, Fire Administration and Public Works staff. The group ranked the proposals according following the best-value selection criteria published in the RFP and as provided in CMC Sections 3.28.050 (D)(2) and 3.28.060(D).

The committee determined that Sillman Wright offered the best value to the city and was the most qualified firm for this project.

The agreement with Sillman Wright authorizes the City Manager to extend the agreement term for up to two additional one-year periods.

Options
Staff provide the following options for the City Council’s consideration:

1. Adopt a resolution authorizing execution of a professional services agreement with Sillman Wright to provide design services for the Emergency Operations Center Reconfiguration Project in an amount not to exceed $272,640 Pros
• Staff determined that the proposal from Sillman Wright provided the best value to the city
• Award of the agreement complies with applicable municipal code sections • Sufficient funding is available for the agreement
• The Emergency Operations Center would be able to function at a higher efficiency to better serve the community and city departments Cons
• None identified

2. Do not adopt a resolution authorizing execution of a professional services agreement with Sillman Wright for the project.

Sept. 13, 2022
Item #5 Page 2 of 21
Pros
• None identified
Cons
• Delays or defers upgrades and optimal use of city resources • The Emergency Operations Center will continue to function at a lower efficiency and not up to current emergency standards
Staff recommend Option 1 for the City Council’s approval.

Fiscal Analysis
The project is currently funded from the General Capital Construction and Infrastructure Replacement and Maintenance funds. No additional funding is being requested at this time; however, additional funding will be necessary at the time the contract for construction is awarded. Staff will return to the City Council at that time to request acceptance of bids and award of the contract to the lowest responsive and responsible bidder.

Emergency Operations Center Reconfiguration Project
Capital Improvement Project No. 4719
Current appropriation $2,358,000
Current expenditures/encumbrances $92,464
Total available funding $2,265,536
Agreement with Sillman Wright $272,640
Estimated construction cost $1,700,000
Estimated soft costs (staff time, testing, inspection) $292,896 Remaining balance $0
Nex
t Steps
Once contract documents are executed and a purchase order is issued, staff will schedule a project meeting with Sillman Wright to start the design work. When the design is completed, permitted and ready for bidding, staff expect to return to the City Council in spring 2023 to request approval of the plans, specifications and contract documents and request authorization to solicit construction bids.

Environmental Eval uation
The City Planner has determined that the project is exempt from the California Environmental Quality Act, under Guidelines Section 15301(a), which applies to interior or exterior alterations in existing facilities, such as interior partitions, plumbing and electrical conveyances. No exception to the exemption as set forth in CEQA Guidelines section 15300.2 applies to this Project.

Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and it was available for public viewing at least 72 hours prior to the scheduled meeting date.

Exhibits

1. City Council resolution

2. Location map
Sept. 13, 2022
Item #5 Page 3 of 21
RESOLUTION NO. 2022-219

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,

CALIFORNIA, AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES

AGREEMENT WITH SILLMAN WRIGHT ARCHITECTS, A CALIFORNIA

CORPORATION, TO PROVIDE DESIGN SERVICES FOR THE EMERGENCY

OPERATIONS CENTER RECONFIGURATION PROJECT
WHEREAS, staff evaluated the current condition of the technology infrastructure in the city's Emergency Operations Center, or EOC, and has found it to be undersized and lacking adequate equipment to meet current emergency response standards for the city; and WHEREAS, in order to remedy these deficiencies, the city requires a reconfiguration of the EOC space as well as additional technology and therefore developed the EOC Reconfiguration Project, Capital Improvement Program, or CIP, Project No. 4719, or Project; and WHEREAS, staff advertised a Request for Proposal, or RFP, on the city website to prepare the design plans and specifications to reconfigure the EOC and received proposals from four firms; and WHEREAS, consistent with Carlsbad Municipal Code Section 3.28.0S0(D)(2) and 3.28.060(0), a committee consisting of Information Technology, Fire Administration and Public Works staff reviewed and ranked the proposals based on best-value criteria; and WHEREAS, staff ranked Sillman Wright Architects, a California corporation, as the highest rated firm based on the city's best-value selection criteria published in the RFP with their proposal to design the Project in an amount not to exceed $272,640; and WHEREAS, sufficient funding is available in the Project budget, and no additional appropriation is required at this time; and
WHEREAS, the City Planner has determined that the Project is exempt from the California Environmental Quality Act, or CEQA, under State Guidelines Section 15301(a) which applies to the interior or exterior alterations in existing facilities involving such things as interior partitions, plumbing, and electrical conveyances, and no exception to the exemption as set forth in CEOA Guidelines section 15300.2 applies to this Project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:

1. That the above recitations are true and correct.

Exhibit 1
Sept. 13, 2022 Item #5 Page 4 of 21

2. That the design services proposal submitted by Sillman Wright Architects, a California corporation, in an amount not to exceed $272,640 is approved.

3. That the Mayor is authorized and directed to execute the professional services agreement with Sillman Wright Architects for the EOC Reconfiguration Project, CIP Project No. 4719, attached hereto as Attachment A.

4. That the City Manager is authorized to amend the agreement to extend the term for up to two one-year periods, or parts thereof.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13th day of September, 2022, by the following vote, to wit:

AYES:

NAYS:

ABSENT:

Blackburn, Bhat-Patel, Acosta, Norby.

None.

Hall.

MATT HALL, Mayor
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Sept. 13, 2022 Item #5 Page 5 of 21
()L
DocuSign Envelope ID: 9DF7FDE9 -DDC4-47F3-B 582-7489D9ESE1 CA Attachment A
PSA23-1919FAC

AGREEMENT FOR EMERGENCY OPERATIONS CENTER RECONFIGURATION

DESIGN SERVICES

SILLMAN WRIGHT ARCHITECTS
is made and entered into as of the \ ~ day of
_ _.__~~~....L...;...;....::::=- .1.--- • 2022, by and between the City of Carlsbad, a municipal n, ("City"), and Sillman Wright Architects, a California corporation, ("Contractor").

RECITALS
A. City requires the professional services of a consultant that is experienced in design services.

B. Contractor has the necessary experience in providing professional services and advice related to design services.

C. Contractor has submitted a proposal under RFP22-1843FAC to City and has affirmed its willingness and ability to perform such work.

NOW, THEREFORE , in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:

1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions.

2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise.

3. TERM
The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement.

4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.

5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will not exceed two hundred seventy-two thousand six hundred fourty dollars ($272,640). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed fifty thousand dollars ($50,000) per Agreement year. 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".

City Attorney Approved Version 6/12/18
Sept. 13, 2022 Item #5 Page 6 of 21
PSA23-1919FAC
City Attorney Approved Version 6/12/18
2 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 consu lt 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 contributio n, 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.

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 connect ion 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 DocuSign Envelope ID: 9DF7FDE9-DDC4-47F3-B582-74B9D9E5E1CA Sept. 13, 2022
Item #5 Page 7 of 21
PSA23-1919FAC
City Attorney Approved Version 6/12/18
3 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 un der 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 requir ed 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 (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/locatio n or the general aggregate limit shall be twice the required occurrence limit.

10.1.2 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.

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.

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 DocuSign Envelope ID: 9DF7FDE9-DDC4-47F3-B582-74B9D9E5E1CA Sept. 13, 2022
Item #5 Page 8 of 21
PSA23-1919FAC
City Attorney Approved Version 6/12/18
4 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 te rm 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 co pies 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 subcon tractors 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 For Contractor
Name Steven Stewart Name Mark Baker
Title Municipal Projects Manager Title Project Manager Department Public Works Address 7515 Metropolitan Drive, Suite 400 City of Carlsbad San Diego, CA 92108
Address 1635 Faraday Ave. Phone No. 619-294-7515
Carlsbad, CA 92008 Email [email protected]
Phone No. 442-339-2938

Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address.

DocuSign Envelope ID: 9DF7FDE9-DDC4-47F3-B582-74B9D9E5E1CA Sept. 13, 2022
Item #5 Page 9 of 21
PSA23-1919FAC
City Attorney Approved Version 6/12/18
5 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 categories.

Yes ☒ No ☐

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, emplo yees, 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 recom mended 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, th e 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 progre ss 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 DocuSign Envelope ID: 9DF7FDE9-DDC4-47F3-B582-74B9D9E5E1CA Sept. 13, 2022
Item #5 Page 10 of 21
PSA23-1919FAC
City Attorney Approved Version 6/12/18
6 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.

21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide emp loyee 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.

DocuSign Envelope ID: 9DF7FDE9-DDC4-47F3-B582-74B9D9E5E1CA Sept. 13, 2022
Item #5 Page 11 of 21
DocuSign Envelope ID: 9DF7FDE9-DDC4-47F3 -B582-74B9D9 ESE1CA PSA23-1919FAC

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
SILLMAN WRIGHT ARCHITECTS, a
California corporation
By:
(sign here)
Brett Tullis , President & Secretary
(print name/title)
By:
(sign here)
Mark Baker, Vice-President
(print name/title)
CITY OF CARLSBAD , a municipal
corporation of the State of California
By:
~
Matt Hall, Mayor
ATTEST: .
for Faviola Medina,
City Clerk Services Manager
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:

CINDIE K. McMAHON, City Attorney
BY: ~
Assistant CityAttomey
City Attorney Approved Version 6/12/18
7 Sept. 13, 2022 Item #5 Page 12 of 21
PSA23-1919FAC
City Attorney Approved Version 6/12/18
8 EXHIBIT “A”

SCOPE OF SERVICES

Background per RFP22-1843FAC, the city’s Emergency Operations Center (EOC) is currently undersized and ill-equipped to meet current emergency response standards for the city. Recent emergency response events have underscored the need for the city to upgrade its EOC structure, technology infrastructure and furnishings to accommodate the 45 or more staff that serve the city in such events. The authorized scope of work in the city’s Capital Improvement Program is stated as: Emergency Operations Center modifications and upgrades to includ e furnishings, fixtures, computers, software, network equipment, communications, lighting and acoustical improvements to better conform to FEMA standards for a city EOC so as to modernize and maximize the EOC information, collection, analysis, display and dissemination capabilities to support community and regional public safety.

The objective of this project is to combine two of the conference rooms into one for dedicated EOC use, with the understanding that the third conference room, office, storage room and A/V room would be upgraded as dual -use public safety conference or EOC ‘break -out’ rooms, as needed. Each of these areas would be renovated to include technology infrastructure as described above. The feasibility of constructing an elevated policy gro up space in one of the conference rooms, or the storage room, will help determine which other spaces should be considered for use as break -out rooms. A key objective of this project is to establish voice and data communication interconnectivity between the EOC and dual-use conference room, “break- out” rooms, City Hall, Police Watch Commander’s Office, Police Dispatch, CMWD Operations Center, the Faraday Building and a mobile command post. All information technology and A/V technology must be interoperable t o enable full flexibility between any information technology device and A/V display device. Construction costs could include the creation of an elevated Policy Group space and /or EOC Management Section space. Unused wall space below video display wall or EOC space side walls might be upgraded to support drop down bench seating and or storage space. Explore feasibility and cost of virtual reality/augmented reality (VR/AR) and Cave Automatic Virtual Environment (CAVE) like system integration in EOC. Technology power cords and cables must be covered and unobtrusive so as not to present trip hazards or block field of view in EOC. Sound abatement is desired for the EOC space.

Project Goals
• Dedicated “purpose-built” EOC space for staff for no less than 45, with state-of-the art technology infrastructure for use in emergency incidents. • Dual-use “flexible” space for use by up to 3 simultaneous break-out groups (city staff or community sector such as business or schools, etc.)
• Memorandum of Understanding (MOU) for use of dual-use “flexible” space during non- emergency time
• Established voice and data communications and A/V display connectivity between EOC and dual-use break-out rooms, City Hall, Police Watch Commander’s Office, Police Dispatch, CMWD Operations Center, the Faraday Building and a mobile command post. • Sound mitigation in EOC.
• Dedicated state-of -the art video display wall in EOC, and additional A/V display monitors maximizing use of EOC wall surfaces.
• EOC functional furnishings
• Construction and soft costs in line with project budget. • Design completion in four months, not including city review of interim design development submissions

DocuSign Envelope ID: 9DF7FDE9-DDC4-47F3-B582-74B9D9E5E1CA Sept. 13, 2022
Item #5 Page 13 of 21
PSA23-1919FAC
City Attorney Approved Version 6/12/18
9 Consultant Tasks/Scope of Work
The Consultant’s scope of work will include meetings with city st aff, site evaluation(s) as necessary, retaining qualified sub-consultants as necessary and working with city vendors/sub - consultants, preparing design drawings and specifications in coordination with city staff, submitting completed design work to city for permitting (following guidelines on city website), incorporating edits to design documents pointed out by city’s plan-review consultants and/or staff during the permitting process, answering Requests for Information during the bidding process and providing construction administration services during the renovation process.

Consultant Fee Proposal Summary

Item No. Description Not-to-exceed Total
Task 1 Review of site conditions $30,294
Task 2 City review meetings / design charettes $34,098
Task 3 Design development / construction documents $133,914 Task 4 Permitting and bidding assistance $15,044
Task 5 Construction administration services $50,290
Not to exceed reimbursable expense allowance $9,000

TOTAL PROPOSAL VALUE $272,640
DocuSign Envelope ID: 9DF7FDE9-DDC4-47F3-B582-74B9D9E5E1CA Sept. 13, 2022
Item #5 Page 14 of 21

6.4 Project Team
SILLMAN | EMERGENCY OPERATIONS CENTER RENOVATION | RFP22-1843FAC | 07.20.22 | Organizational Chart

SILLMAN
Principal Architect
Brett Tullis

SILLMAN
Project Manager
Julio Medina

CITY PROJECT

MANAGER

CITY OF

CARLSBAD

SILLMAN
Additional staff architects,
designers, & support staff
as needed

CONSULTANTS

TECHNOLOGY
NV5
Timothy Waters (Principal)

TECHNOLOGY
NV5
Jason Russo (Project Manager)

TECHNOLOGY
NV5
Don Fisher (EOC Designer)

COST ESTIMATOR
Cumming
Ashok Patel

STRUCTURAL
IDS Group
Matt Michnewich
MECHANICAL (as-needed)
IDS Group
Matt Michnewich

ELECTRICAL
IMEG
Matt Samar

ACOUSTICS
IMEG
David Wright

SPECIFICATIONS
PSC
Patricia Smith
PSA23-1919FAC
DocuSign Envelope ID: 9DF7FDE9-DDC4-47F3-B582-74B9D9E5E1CA Sept. 13, 2022
Item #5 Page 15 of 21

6.4 Project Team
SILLMAN | EMERGENCY OPERATIONS CENTER RENOVATION | RFP22-1843FAC | 07.20.22 Brett Tullis

SILLMAN
Principal
Architect
Julio Medina

SILLMAN
Project
Manager
Brett has more than 26 years of architectural experience and has been a Principal at SILLMAN for more than 12 years. He has managed teams for State, County, and Municipal projects ranging from very small to over $300 million. As the current Architect of Record on the Carlsbad Police & Fire Headquarters Renovation, he will provide leadership and guidance to the Project Manager and design team. ⊲ Availability: 65%
Julio will utilize his years of experience working with the City of Carlsbad to be the primary contact for the City’s Project Manager. With more than 10 years of architectural experience, Julio will bring a cohesiveness to the team by channeling his strong communication skills to effectively collaborate with clients, consultants, and colleagues, thus enabling teams to bring forward their best levels of performance. ⊲ Availability: 80%
Don Fisher
NV5
Senior Systems
Designer
(EOC Expert)
As an EOC Expert, transforming traditional spaces into technology-rich, collaborative and interactive environments is Don’s passion. His 30 years of experience includes designing Emergency Operations Facilities and High-End Command Control Centers. Don is an expert in designing systems to do more than just present information -- his focus is on integrating technology into the workflow to facilitate critical decisions and enhanced situational awareness.
⊲ Availability: 80%
Timothy Waters
NV5
Technology
Principal
(EOC Expert)
As a local technology Principal with more than 25 years of experience, Tim applies a scientific approach to technology infrastructure and systems design built upon his formal training in physics and math. With a natural affinity for audio-visual and information technology convergence, Tim’s innovative and creative talent has been proven time and again with hundreds of successful complex projects. ⊲ Availability: 80%
Jason Russo
NV5
Technology
Project
Manager
Our Design Team has a 45+ year history of working with a variety of civic clients, including the City of Carlsbad. Working with us means Direct Principal Involvement, as well as continued collaboration with a refined and established team.
| Key Personnel Summary Chart
With more than 25 years in the field, Jason has significant experience managing the integration of innovative technologies into Emergency Operation Centers and Essential Service projects. He specializes in managing technology teams with a collaborative approach, while utilizing his expertise to identify opportunities and challenges. As a local, he will be able to visit the project site regularly. ⊲ Availability: 95%
PSA23-1919FAC
DocuSign Envelope ID: 9DF7FDE9-DDC4-47F3-B582-74B9D9E5E1CA Sept. 13, 2022
Item #5 Page 16 of 21

6.4 Project Team
SILLMAN | EMERGENCY OPERATIONS CENTER RENOVATION | RFP22-1843FAC | 07.20.22 Matt Michnewich
IDS Group
Structural
Engineer
Matt is a licensed Structural Engineer with over 9 years of experience in building design and analysis. As the Structural Project Manager on the current Carlsbad Police & Fire Headquarters Renovation, he has a keen understanding of the facility.

Furthermore, his passion for seismic engineering and extensive knowledge of both structural behavior and building codes has quickly made him a leader on civic projects. ⊲ Availability: 30%
Matt Samar
IMEG
Electrical
Engineer
With more than 12 years of relevant experience and the Lead Electrical Engineer on the current City of Carlsbad Police and Fire Headquarters Renovation, Matt will be key contributor to the upgrades of the Emergency Operations Center. As a local Licensed Engineer, he has a vast amount of experience working on civic renovation projects; and as a LEED Accredited Professional, he is keen on providing clients with energy-efficient and cost-effective solutions.
⊲ Availability: 45%
David Wright
IMEG
Acoustics
Engineer
David brings more than 34 years of experience in acoustical design. He believes in early and creative integration of building acoustics, leading to a lower budget impact and effective use of space. His project experience includes industrial, commercial, municipal, and entertainment spaces.
⊲ Availability: 45%
Patricia Smith
PSC
Specifications
Patricia has over 30 years of experience with a background that includes Distributor/ Supplier project management, manufacturer sales, and service. She has been exclusively writing specifications for more than 15 years on various projects across the western U.S. and has become a trusted, long-term resource to architectural design teams. ⊲ Availability: 50%
Please see the appendix for detailed resumes of key personnel. | Key Personnel Summary ChartAshok Patel
Cumming
Cost
Estimator
Ashok has worked in the industry since 1983 providing Cost Management services in all aspects of civil, structural, and architectural with projects ranging in value up to $1 billion. He is not only the Cost Estimator on the Carlsbad Police & Fire HQ Renovation, Ashok is also an expert in all phases of estimates, value engineering, and quality assurance / quality control.
⊲ Availability: 20%
PSA23-1919FAC
DocuSign Envelope ID: 9DF7FDE9-DDC4-47F3-B582-74B9D9E5E1CA Sept. 13, 2022
Item #5 Page 17 of 21
PSA23-1919FAC

10 Optional Services

Hourly Rates and estimate of hours:

TASKS
SILLMAN IMEG ‐ Electrical IMEG ‐ Acoustics IDS Group ‐ Structural NV5 ‐ Technology Cumming ‐ Cost Estimating PS Specifications

TOTAL
Brett Tullis Julio
Medina
Aaron
Garcia
Noel
Felkins
Dave
Rosenberger Matt Samar Doug Pham David
Wright
James Hongn PhD s
Matthew
Michnewich Various Various s Tim Waters Don Fisher Scott Ondik Jason Russo Various Ashok Patel Shawn Koca Matt Henery
Kevin
Drapeau
Jeanette
Gonzalez Pat Smith X
Principal
Architect
Project
Manager Design Lead Project
Admin
Project
Executive Engineer Designer Project
Executive Engineer Project
Manager
Project
Engineer
p
CAD Principal AV
Designer
RCDD‐ IT /
Security
Project
Consultant CAD/Revit Managing
Director
Associate
Director
Cost
Manager
Sr. Cost
Manager
Sr. Cost
Manager Principal X
$220 $180 $150 $110 $250 $185 $145 $195 $145 $178 $153 $104 $225 $175 $175 $175 $90 $240 $215 $180 $195 $195 $150 $0

1 Review of Site, Existing Documents, and Meeting with Staff

4 16

24 6

4 22

12 8

24 8

–

12 12

8 16

–

176

2 City Review Meetings / Design Charettes

8 24

32 16

2 12

8 8

14 16

–

16 12

8 20

6 –

–

202
3 Develop Design and Construction Documents 8 40 85 16 4 35 30 11 40 8 40 40 32 100 80 80 40 4 10 44 26 26 10 – 809

4 Provide Permitting and Bidding Assistance

4 16

20 16

–

4 4

2 2

–

8 –

4 2

2 8

–

2 –

94 5 Construction Administration Services

8 32

48 12

–

20 8

4 16

16 24

–

8 32

24 40

8 –

–

3 –

303
Subtotal Hours 32 128 209 66 10 93 62 33 96 48 72 40 72 158 122 164 54 4 10 44 26 26 15 0 1584 Subtotal Cost $7,040 $23,040 $31,350 $7,260 $2,500 $17,205 $8,990 $6,435 $13,920 $8,544 $11,016 $4,160 $16,200 $27,650 $21,350 $28,700 $4,860 $960 $2,150 $7,920 $5,070 $5,070 $2,250 $0 $263,640

$28,695
$0

$20,355
$0

$23,720

1) Mechanical / Plumbing Revisions ‐
$10,000

$10,000

$98,760

$4,000

1) AV Control System Software Development / Asset
Management Portal ‐ $30,600

2) AV System Tuning / Optimization / Commissioning $10,500

$41,100

$21,170

Sub‐Totals $68,690 $2,250 $263,640
Reimbursables $5,000 $0 $9,000

TOTAL

$272,640
Optional Services $0 $0 $51,100

SILLMAN | EMERGENCY OPERATIONS CENTER RENOVATION | RFP22 -1843FAC | 07.20.22 DocuSign Envelope ID: 9DF7FDE9-DDC4-47F3-B582-74B9D9E5E1CA Sept. 13, 2022
Item #5 Page 18 of 21
PSA23-1919FAC

11 PS CONSULTING (Specifications)
IDS GROUP (Structural & Mechanical)
NV5 (Technology)
SILLMAN (Architecture)

6.6 Proposed Fees | Hourly Rates

ROLES HOURLY RATES
Principal Architect $220
Project Manager $180
Design Lead $150
Project Administrator $110

ROLES HOURLY RATES
Principal $225
AV Designer $175
RCDD-IT / Security $175
Project Consultant $175
CAD / Revit $90

ROLES HOURLY RATES
Project Manager $178
Project Engineer $153
CAD $104

ROLES HOURLY RATES
Principal $150

DocuSign Envelope ID: 9DF7FDE9-DDC4-47F3-B582-74B9D9E5E1CA Sept. 13, 2022
Item #5 Page 19 of 21
PSA23-1919FAC

12 CUMMING (Cost Estimating)
IMEG (Electrical & Acoustics)

ROLES HOURLY RATES
Electrical Project Executive $250
Electrical Engineer $185
Electrical Designer $145
Acoustic Project Executive $195
Acoustic Engineer $145

ROLES HOURLY RATES
Managing Director $240
Associate Director $215
Cost Manager $180
Senior Cost Manager $195

DocuSign Envelope ID: 9DF7FDE9-DDC4-47F3-B582-74B9D9E5E1CA Sept. 13, 2022
Item #5 Page 20 of 21
FARADAY AVE.

PALOMAR

AIRPORT
RD.

EL
CAMINO
REAL
ORION
ST.

WHIPTAIL
LOOP
LOKER
AVE.

WEST EAST
SALK AVE. IMPALA DR.

PALMER
WY.

GATEWAY RD.

SITE

PALOMAR

AIRPORT
EL
FUERTE
ST.

RUTHERFORD
RD.

SITE
LOKER
AVE.

SAFETY CENTER
Exhibit 2
Sept. 13, 2022
Item #5 Page 21 of 21

LOCATION MAP
V7PJ

NOT TO SCALE

PROJECT NAME EXHIBIT
PLOTTED BY: SCOTT EVANS PLOT DA Tf: 5/29/18 PA TH: D: \Cl1Y FAQL/11£5\AUTOCAD MAPS\LOCA 110N MAPS\SAFFTY CENTER LOCA 110N MAP.DWG Council Memorandum
{city of
Carlsbad
September 12, 2022
To:

From:

Via:

Re:

Honorable Mayor Hall and Members of the City Council
Paz Gomez, Deputy City Manager, Publi~ orks
Geoff Patnoe, Assistant City Manager ~
Additional Materials Related to Staff Report Item No. 5 - Authorization of a Professional Services Agreement for Design Services for the Reconfiguration of the Emergency Operations Center (District 2)
This memorandum provides clarification regarding the value of a potential future design services amendment to an agreement for Item No. 5 of the September 13, 2022, City Council meeting - Authorization of a Professional Services Agreement for Design Services for the Reconfiguration of the Emergency Operations Center {District 2).

In the published staff report, Attachment A to Exhibit 1, the agreement compensation language appears as follows:

5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will not exceed two hundred seventy-two thousand six hundred forty dollars {$272,640).

The corrected agreement language has stricken the words indicated below (also found in Attachment A to this memorandum) and is ready for authorization. The corrected agreement language reads as follows:

5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will not exceed two hundred seventy-two thousand six hundred forty dollars ($272,640).

No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not e ➔ Eceed fifty thousand dollars ($50,000} per Agreement year. '
Attachment: A. Revised Attachment A to Exhibit 1 {Agreement) Public Works Branch
Fleet & Facilities Department
405 Oak Avenue I Carlsbad, CA 92008 I 442~339-2980 t
Council Memo -Additional Materials Related to Staff Report Item No. 5 September 12, 2022

Page 2 ends

cc: Scott Chadwick, City Manager
Cindie McMahon, City Attorney
Robby Contreras, Assistant City Attorney
Laura Rocha, Deputy City Manager, Administrative Services Michael Calderwood, Fire Chief
Sheila Cobian, Legislative & Constituent Services Director Faviola Medina, City Clerk Services Manager
John Maashoff, Public Works Manager
Steve Stewart, Municipal Projects Manager
DocuSign Envelope ID: EA1AA3AA-FB3F-4E63-BB93-A8D3161782EE PSA23-1919FAC

AGREEMENT FOR EMERGENCY OPERATIONS CENTER RECONFIGURATION

DESIGN SERVICES

SILLMAN WRIGHT ARCHITECTS
THIS AGREEMENT is made and entered into as of the ______ day of ___________ , 2022, by and between the City of Carlsbad, a municipal corporation, ("City"), and Sillman Wright Architects, a California corporation, ("Contractor").

RECITALS
A. City requires the professional services of a consultant that is experienced in design services.

B. Contractor has the necessary experience in providing professional services and advice related to design services.

C. Contractor has submitted a proposal under RFP22-1843FAC 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.

4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.

5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will not exceed two hundred seventy-two thousand six hundred fourty dollars ($272,640). 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".

City Attorney Approved Version 6/12/18
DocuSign Envelope ID: EA 1AA3AA-FB3F-4E63-BB93-A8D3161782EE PSA23-1919FAC

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.

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 ofthem 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.

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 City Attorney Approved Version 6/12/18
2 DocuSign Envelope ID: EA 1 AA3AA-FB3F-4E6 3-BB93-A80 3161782EE PSA23-1919FAC
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 (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.

10.1.2 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 .

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.

10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City.

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 City Attorney Approved Version 6/12/18
3 DocuSign Envelope ID: EA 1 AA3AA-FB3F-4E63-BB93-A8D3161782EE PSA23-1919FAC
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 prodl!ced 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 Steven Stewart
Title Municipal Projects Manager
Department Public Works
City of Carlsbad
Address 1635 Faraday Ave.

Carlsbad, CA 92008
Phone No. 442-339-2938
For Contractor
Name Mark Baker
Title Project Manager
Address 7515 Metropolitan Drive, Suite 400
San Diego, CA 92108
Phone No. 619-294-7515
Email [email protected]
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.

City Attorney Approved Version 6/12/18
4 DocuSign Envelope ID: EA 1 AA3AA -FB3F-4E63 -BB93-A803161782EE PSA23-1919FAC

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 categories.

Yes IZl No □

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) 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 City Attorney Approved Version 6/12/18
5 DocuSign Envelope ID: EA1AA3AA-FB3F -4E63-BB93-A8D3161782EE PSA23-1919FAC
under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.

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.

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.

City Attorney Approved Version 6/12/18
6 DocuSign Envelope ID: EA 1 AA3AA-FB3F-4E63-BB93-A8D3161782EE PSA23-1919FAC

CONTRACTOR
SILLMAN WRIGHT ARCHITECTS, a
California corporation
By:

By:
bvtft-tvilis
(sign here)
Brett Tullis, President & Secretary
(print name/title)
l¼.mz fJokt£
(sign here)
Mark Baker, Vice-President
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:

Matt Hall, Mayor
ATTEST:
for Faviola Medina,
City Clerk Services Manager
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:

CINDIE K. McMAHON, City Attorney
BY: ~
Assistant CityAttomey
City Attorney Approved Version 6/12/18
7 DocuSign Envelope ID: EA 1 AA3AA-FB3F-4E63-BB93-A803161782EE EXHIBIT "A"

SCOPE OF SERVICES
PSA23-1919FAC
Background per RFP22-1843FAC, the city's Emergency Operations Center (EOC) is currently undersized and ill-equipped to meet current emergency response standards for the city. Recent emergency response events have underscored the need for the city to upgrade its EOC structure, technology infrastructure and furnishings to accommodate the 45 or more staff that serve the city in such events. The authorized scope of work in the city's Capital Improvement Program is stated as: Emergency Operations Center modifications and upgrades to include furnishings, fixtures, computers, software, network equipment, communications , lighting and acoustical improvements to better conform to FEMA standards for a city EOC so as to modernize and maximize the EOG information, collection, analysis, display and dissemination capabilities to support community and regional public safety.

The objective of this project is to combine two of the conference rooms into one for dedicated EOC use, with the understanding that the third conference room, office, storage room and NV room would be upgraded as dual-use public safety conference or EOC 'break-out' rooms, as needed. Each of these areas would be renovated to include technology infrastructure as described above. The feasibility of constructing an elevated policy group space in one of the conference rooms, or the storage room, will help determine which other spaces should be considered for use as break-out rooms. A key objective of this project is to establish voice and data communication interconnectivity between the EOC and dual-use conference room, "break out" rooms, City Hall, Police Watch Commander's Office, Police Dispatch, CMWD Operations Center, the Faraday Building and a mobile command post. All information technology and NV technology must be interoperable to enable full flexibility between any information technology device and AN display device. Construction costs could include the creation of an elevated Policy Group space and /or EOC Management Section space. Unused wall space below video display wall or EOC space side walls might be upgraded to support drop down bench seating and or storage space. Explore feasibility and cost of virtual reality/augmented reality (VR/AR) and Cave Automatic Virtual Environment (CAVE) like system integration in EOC. Technology power cords and cables must be covered and unobtrusive so as not to present trip hazards or block field of view in EOC. Sound abatement is desired for the EOC space.

Project Goals
•
•
•
•
• •
•
•
•
Dedicated "purpose-built" EOC space for staff for no less than 45, with state-of-the art technology infrastructure for use in emergency incidents.

Dual-use "flexible" space for use by up to 3 simultaneous break-out groups (city staff or community sector such as business or schools, etc.)
Memorandum of Understanding (MOU) for use of dual-use "flexible" space during non emergency time
Established voice and data communications and NV display connectivity between EOC and dual-use break-out rooms, City Hall, Police Watch Commander's Office, Police Dispatch, CMWD Operations Center, the Faraday Building and a mobile command post.

Sound mitigation in EOC .

Dedicated state-of -the art video display wall in EOC, and additional NV display monitors maximizing use of EOC wall surfaces.

EOC functional furnishings
Construction and soft costs in line with project budget.

Design completion in four months, not including city review of interim design development submissions
City Attorney Approved Version 6/12/18
8 DocuSign Envelope ID: EA1AA3AA-FB3F-4E63-BB9 3-A8D3161782EE PSA23-1919FAC
Consultant Tasks/Scope of Work
The Consultant's scope of work will include meetings with city staff, site evaluation(s) as necessary, retaining qualified sub-consultants as necessary and working with city vendors/sub consultants, preparing design drawings and specifications in coordination with city staff, submitting completed design work to city for permitting (following guidelines on city website), incorporating edits to design documents pointed out by city's plan-review consultants and/or staff during the permitting process, answering Requests for Information during the bidding process and providing construction administration services during the renovation process.

Consultant Fee Proposal Summary
Item No. Description Not-to-exceed Total
Task 1 Review of site conditions $30,294
Task 2 City review meetings/ design charettes $34,098
Task3 Design development I construction documents $133,914 Task4 Permitting and bidding assistance $15,044
Task 5 Construction administration services $50,290
Not to exceed reimbursable expense allowance $9,000
TOTAL PROPOSAL VALUE $272,640
City Attorney Approved Version 6/12/18
9 DocuSign Envelope ID: EA 1 AA3AA-FB3F-4E63-BB93-A8D3161782EE 0, ... l"'IUJt::LL lt::dlll I Vl!::JdlllLdLIUlldl l...,lldll r CITYOF

CARLSBAD

SILLMAN
Project Manager
Julio Medina

SILLMAN
Principal Architect
Brett Tullis
---------------------- ---------,-------- -----------------------

TECHNOLOGY
NVS
Timothy Waters (Principal)

TECHNOLOGY
NVS
Jason Russo (Project Manager)

TEC H NOLOGY
NVS
Don Fisher (EOC Designer)
'
' ' '

CONSULTANTS

COST ESTIMATOR
Cumming
Ashok Patel

STRUCTURAL
IDS Group
Matt Michnewich
MECHAN ICAL (as -needed)
IDS Group
Matt Michnewich
PSA23-1919FAC

SILLMAN
Additional staff architects,
designers , & support staff
as needed

ELECTR ICA L
IMEG
Matt Samar

ACOUSTICS
IMEG
David Wright

SPECIF ICATIONS
PSC
Patricia Smith
SILLMAN I EMERGENCY OPERATIONS CENTER RENOVATION I RFP22-1843FAC I 07.20.22 DocuSign Envelope ID: EA1AA3AA-FB3F-4E63-BB93-A8D3161782EE Ch t o . ... rlUJl=l..:l ll=dlll I l\.ey re,~u1111e1 ;:)Ulllllldl}' ar PSA23-1919FAC Our Design Team has a 45+ year history of working with a variety of civic clients, including the City of Carlsbad . Working with us means Direct Principal Involvement, as well as continued collaboration with a refined and established team .

Brett Tullis

SILLMAN
Principal
Architect
Julio Medina

SILLMAN
Project
Manager
Timothy Waters
NVS
Technology
Principal
(EOC Expert)
Jason Russo
NVS
Technology
Project
Manager
Don Fisher
NVS
Senior Systems
Des igner
(EOC Expert)
Brett has more than 26 years of architectural experience and has been a Principal at SILLMAN for more than 12 years . He has managed teams for State, County, and Municipal projects ranging from very small to over $300 million. As the current Architect of Record on the Carlsbad Police & Fire Headquarters Renovation, he will provide leadership and guidance to the Project Manager and design team . ► Availability: 65%
Julio will utilize his years of experience working with the City of Carlsbad to be the primary contact for the City's Project Manager. With more than 10 years of architectural experience, Julio will bring a cohesiveness to the team by channeling his strong communication skills to effectively collaborate with clients, consultants, and colleagues, thus enabling teams to bring forward their best levels of performance. ► Availability: 80%
As a local technology Principal with more than 25 years of experience, Tim applies a scientific approach to technology infrastructure and systems design built upon his formal training in physics and math. With a natural affinity for audio-visual and information technology convergenc e, Tim's innovative and creative talent has been proven time and again with hundreds of successful complex projects . ► Availability: 80%
With more than 25 years in the field , Jason has significant experience managing the integration of innovative technologies into Emergency Operation Centers and Essential Service projects. He specializes in managing technology teams with a collaborative approach, while utilizing his expertise to identify opportunities and challenges. As a local, he will be able to visit the. project site regularly . ► Availability: 95%
As an EOC Expert, transforming traditional spaces into technology-rich, collaborative and interactive environments is Don's passion . His 30 years of experience includes designing Emergency Operations Facilities and High-End Command Control Centers . Don is an expert in designing systems to do more than just present information -- his focus is on integrating technology into the workflow to facilitate critical decisions and enhanced situational awareness . ► Availability: 80%
SILLMAN I EMERGENCY OPERATIONS CENTER RENOVATION I RFP22-1843FAC I 07.20.22 DocuSign Envelope ID: EA1AA3AA-FB3F-4E63-BB93-A8D3161782EE 0, '+ ,IUJl::'Ll 11::'dlll PSA23-1919FAC
Matt Michnewich
IDS Group
Structural
Engineer
David Wright
IMEG
Acoustics
Engineer
Ashok Patel
Cumming
Cost
Estimator
Matt is a licensed Structural Engineer with over 9 years of experience in building design and analysis. As the Structural Project Manager on the current Carlsbad Police & Fire Headquarters Renovation, he has a keen understanding of the facility.

Furthermore, his passion for seismic engineering and extensive knowledge of both structural behavior and building codes has quickly made him a leader on civic projects . ► Availability: 30%
With more than 12 years of relevant experience and the Lead Electrical Engineer on the current City of Carlsbad Police and Fire Headquarters Renovation , Matt will be key contributor to the upgrades of the Emergency Operations Center. As a local Licensed Engineer, he has a vast amount of experience working on civic renovation projects ; and as a LEED Accredited Professional , he is keen on providing clients with energy-efficient and cost-effective solutions .
► Availability: 45%
David brings more than 34 years of experience in acoustical design . He believes in early and creative integration of building acoustics , leading to a lower budget impact and effective use of space . His project experience includes industrial, commercial, municipal, and entertai .nment spaces.
► Availability: 45%
Ashok has worked in the industry since 1983 providing Cost Management services in all aspects of civil, structural, and architectural with projects ranging in value up to $1 billion . He is not only the Cost Estimator on the Carlsbad Police & Fire HQ Renovation , Ashok is also an expert in all phases of estimates, value engineering, and quality assurance/ quality control.
► Availability: 20%
Patricia has over 30 years of experience with a background that includes Distributor/ Supplier project management, manufacturer sales, and service. She has been exclusively writing specifications for more than 15 years on various projects across the western U.S. and has become a trusted, long-term resource to architectural design teams. ► Availability : 50%
Please see the appendix for detailed resumes of key personnel.

SILLMAN I EMERGENCY OPERATIONS CENTER RENOVATION I RFP22-1843FAC I 07.20.22 DocuSign Envelope ID: EA1AA3AA-FB3F-4E63-BB93-A8D3161782EE PSA23-1919FAC
Hourly .Rates and estimate of hours:
2 CltyReviewMeetings/DesignCharettes 12 14 16 12 20 202 3 OevelopOeslgnandConstructlonDocuments 40
"'
16 35 30 11 40 40 40 32 100 80 80 40 10 44 26 26 10 809 4 ProvldePermlttlngandBlddlng:Asslstance 16 20 16 94
s ConstructlonAdmlnlstrat!onServlces 32 .. 12 20 16 16 24 32 24 40 303 subtot al Hou 32 128 209 66 10 93 62 33
" .. 72
"'
72 158 122 164 54 10 44 26 26 15 1584
Subtotal $7,040 $23,040 $31,3SO $7,260 $2,SOO $17,205 $8,990 $6,43S $13,920 $8,544 $11,016 $4,160 $16,200 $27,6SO $21,3SO $28,700 $4,860 $960 $2,150 $7,920 $S,070 $5,070 $2,2SO $0 $263,640 Sub-Tours $68,690 $28,69S $20,3SS $23,720 $98,760 $21,170 $2,250 Ralmbursables $5,000 $0 $0 $4,000
"
$0 $0
1) AV Control System Software Development/ Asset
l)Mechanlcal/PlumblngRevlslons- ManagementPortal-$30,600 $10,000 TOTAL
2) AV System Tun ing/ Optimization/ Commissioning $10,500 OJrtlonatsarvlces $0 $0 $0 $10,000 $41,100 $0 $0
OptitmalServlces
SILLMAN EMERGENCY OPER ATI ONS CENTER RENOVATION LRFP22-1843FAC L07.2 0.22 10 DocuSign Envelope ID: EA1AA3AA-FB3F-4E63-BB93-A8D3161782EE PSA23-1919F AC

6.6 Proposed Fees I Hourly Rates
Principal Archit~ct $220
Project Manager $180
Design Lead $150
Project Administrator $110

ROLES HOURLY RATES
Principal $225
AV Designer $175
RCDD-IT / Security $175
Project Consultant $175
CAD/ Revit $90

ROLES HOURLY RATES
Project Manager $178
Project Engineer $153
CAD $104
11 DocuSign Envelope ID: EA1AA3AA-FB3F-4E63-BB93-A8D3161782EE PSA23-1919F AC
IM E G (Electrical & Acoustics)

ROLES HOURLY RATES
Electrical Project Executive $250
Electrical Engineer $185
Electrical Designer $145
I
Acoustic Project Executive $195
Acoustic Engineer $145
Managing Director $240
Associate Director $215
Cost Manager $180
Senior Cost Manager $195
12

Carlsbad City CouncilSeptember 13, 2022

Carlsbad City Council
September 13, 2022