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Schmidt Design Group Inc; 2016-12-06; TRAN1488
TRAN1488 City Attorney Approved Version 9/27/16 1 AMENDMENT NO. 5 TO AGREEMENT FOR CITY HALL EXTERIOR SITE IMPROVEMENTS SCHMIDT DESIGN GROUP, INC. This Amendment No. 5 is entered into and effective as of the ______ day of ______________________________, 2020, amending the agreement dated December 6, 2016 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Schmidt Design Group Inc., a California corporation (“Contractor"). RECITALS A. On March 31, 2017, the Parties executed Amendment No. 1 to the Agreement to include an assessment of the exterior lighting; and B. On Sept. 12, 2017, the Parties executed Amendment No. 2 to the Agreement to include landscape, hardscape and irrigation design for the plaza space and to provide plan for grinding and overlay of the eastern and western parking lots at the City Hall site; and C. On Nov. 27, 2018, the Parties executed Amendment No. 3 to the Agreement to include Landscape Service; and D. On October 15, 2019, the Parties executed Amendment No. 4 to extend the agreement for a period of one (1) year; and E. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total Agreement amount shall not exceed two hundred nineteen thousand four hundred seventy-six dollars ($219.476). 2. City will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed three thousand seven hundred fifty dollars ($3,750.00). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit “A” by October 16, 2020. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. DocuSign Envelope ID: E1830135-0526-45E0-A619-6FB594373513 March 16th TRAN1488 City Attorney Approved Version 9/27/16 2 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR SCHMIDT DESIGN GROUP INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) for Scott Chadwick, City Manager Glen Schmidt, President & CFO (print name/title) ATTEST: By: (sign here) for Barbara Engleson, City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: E1830135-0526-45E0-A619-6FB594373513 TRAN1488 City Attorney Approved Version 9/27/16 3 EXHIBIT “A” SCOPE OF SERVICES AND FEE DocuSign Envelope ID: E1830135-0526-45E0-A619-6FB594373513 Carlsbad City Hall Renovation Amendment Request 04 February 10, 2020 Mr. Brandon Miles, P.E., T.E. Associate Engineer Public Works ‐ Transportation 1635 Faraday Avenue Carlsbad, CA 92008 Regarding: Landscape Architectural Services – Carlsbad City Hall Renovation Dear Brandon: Thank you for the opportunity to provide the following proposal/agreement for the City Hall renovation located in Carlsbad, CA. We have developed the following scope of work based on our meetings and your subsequent feedback. SCOPE OF SERVICES A. Additional Construction Administration Support Services Additional support services are critical in the design process as they allow the team to verify that the vision and design intent of the project is being implemented. The design team will verify the contractor’s conformance to the drawings and specifications throughout the construction process. The means and methods to accomplish the work will be the responsibility of the contractor. 1. REQUESTS FOR INFORMATION: The design team will continue to review and provide responses to RFI’s throughout the duration of construction. 2. SUBMITTALS: The design team will continue to review and provide responses to contractor submittals throughout the duration of construction. 3. LANDSCAPE ARCHITECTURE: The design team will continue to visit the site and evaluate the remaining work to be completed along with performing a final punch walk and close out walk. A total of four (4) additional site visits are anticipated throughout the construction duration. 4. AS‐BUILT DRAWING: SDG will prepare a set of record drawing based on a single set of Contractor’s redlined plans. SCHEDULE OF FEES The following fees are proposed for the scope of work outlined above. DocuSign Envelope ID: E1830135-0526-45E0-A619-6FB594373513 Carlsbad City Hall Renovation Amendment Request 04 February 10, 2020 2 A.Additional Construction Administration Support Services $3,750.00 GRAND TOTAL: $3,750.00 PROJECT ASSUMPTIONS AND EXCLUSIONS Per the original agreement. TERMS OF AGREEMENT Per the original agreement. Thank you for your consideration. Very truly yours, ____________________________ Jeffrey T. (JT) Barr, RLA Principal Schmidt Design Group, Inc. February 10, 2020 DocuSign Envelope ID: E1830135-0526-45E0-A619-6FB594373513 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2/12/2019 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property &Casualty Company of America 25674 SCHMDES-01 XL Specialty Company 37885SchmidtDesignGroup1310RosecransStreet,Suite GSanDiego,CA 92106 1761718286 A X 2,000,000 X 1,000,000 X Contractual Liab 10,000 X Cross Liab 2,000,000 4,000,000 X Y 6805H959099 1/1/2019 1/1/2020 4,000,000 Deductible 0 A 1,000,000 X XX BA5G389226 1/1/2019 1/1/2020 A Y UB0J495455 1/1/2019 1/1/2020 X 1,000,000 1,000,000 1,000,000 B ProfessionalLiability DPR9935728 1/1/2019 1/1/2020 Ea Claim &Aggr Limit $2,000,000 Re:Agreement Number :TRAN1488,City Hall Exterior Site Improvements Services.Additional Insured coverage applies to General Liability for City ofCarlsbad/CMWD per policy form.Primary and Non-Contributory coverage applies to General Liability per policy form.Waiver of subrogation applies to WorkersCompensationperpolicyform.Professional Liability -Claims made form,defense costs included within limit.If the insurance company elects to cancel ornon-renew coverage for any reason other than nonpayment of premium Cavignac &Associates will provide 30 days notice of such cancellation or nonrenewal. 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4VIQMYQ-RWYVIH )RHSVWIQIRX2S4SPMG]2S)RHSVWIQIRX)JJIGXMZI 8LMWIRHSVWIQIRXGLERKIWXLITSPMG]XS[LMGLMXMWEXXEGLIHERHMWIJJIGXMZISRXLIHEXIMWWYIHYRPIWWSXLIV[MWI WXEXIH 8LIMRJSVQEXMSRFIPS[MWVIUYMVIHSRP][LIRXLMWIRHSVWIQIRXMWMWWYIHWYFWIUYIRXXSTVITEVEXMSRSJ XLITSPMG] 78%77-+2 (%8)3*-779) 4EKI SJ 01/01/2019 Schmidt Design Group, Inc. UB0J495455 Travelers Property & Casualty Company of America Schmidt Design Group, Inc. TRAN1488 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 4 TO EXTEND THE AGREEMENT FOR CITY HALL EXTERIOR SITE IMPROVEMENTS SCHMIDT DESIGN GROUP, INC. This Amendment No.4 is entered into and effective as of the __________ day of ___________________________, 2019, extending the agreement dated December 6, 2016 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Schmidt Design Group Inc., a California corporation (“Contractor"). RECITALS A. On March 31, 2017, the Parties executed Amendment No. 1 to the Agreement to include an assessment of the exterior lighting; and B. On Sept. 12, 2017, the Parties executed Amendment No. 2 to the Agreement to include landscape, hardscape and irrigation design for the plaza space and to provide plan for grinding and overlay of the eastern and western parking lots at the City Hall site; and C. On Nov. 27, 2018, the Parties executed Amendment No. 3 to the Agreement to include Landscape Service; and D. The Parties desire to extend the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on December 5, 2020. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. /// /// /// /// /// /// /// DocuSign Envelope ID: 58627F1C-8D39-4453-A4C5-AE753D22288A 15th October TRAN1488 City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR SCHMIDT DESIGN GROUP, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) for Scott Chadwick, City Manager Glen Schmidt, President & CFO (print name/title) ATTEST: By: (sign here) for Barbara Engleson, City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 58627F1C-8D39-4453-A4C5-AE753D22288A The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2/12/2019 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property &Casualty Company of America 25674 SCHMDES-01 XL Specialty Company 37885SchmidtDesignGroup1310RosecransStreet,Suite GSanDiego,CA 92106 1761718286 A X 2,000,000 X 1,000,000 X Contractual Liab 10,000 X Cross Liab 2,000,000 4,000,000 X Y 6805H959099 1/1/2019 1/1/2020 4,000,000 Deductible 0 A 1,000,000 X XX BA5G389226 1/1/2019 1/1/2020 A Y UB0J495455 1/1/2019 1/1/2020 X 1,000,000 1,000,000 1,000,000 B ProfessionalLiability DPR9935728 1/1/2019 1/1/2020 Ea Claim &Aggr Limit $2,000,000 Re:Agreement Number :TRAN1488,City Hall Exterior Site Improvements Services.Additional Insured coverage applies to General Liability for City ofCarlsbad/CMWD per policy form.Primary and Non-Contributory coverage applies to General Liability per policy form.Waiver of subrogation applies to WorkersCompensationperpolicyform.Professional Liability -Claims made form,defense costs included within limit.If the insurance company elects to cancel ornon-renew coverage for any reason other than nonpayment of premium Cavignac &Associates will provide 30 days notice of such cancellation or nonrenewal. 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8,%84368-323*=396;36/3983*;,-',8,)-2.96=36(%1%+)%6-7)7 ,%7&))249883-87-28)2()(97)&=%2=4)67323636+%2->%8-3238,)68,%2 %238,)6'3286%'8363679&'3286%'836)2+%+)(-24)6*361-2+34)6%8-327*36 %46-2'-4%0%7%4%683*8,)7%1)463.)'8 '+( 'ST]VMKLX8LI7X4EYP8VEZIPIVW'SQTERMIW-RG%PPVMKLXW VIWIVZIH -RGPYHIWGST]VMKLXIHQEXIVMEPSJ-RWYVERGI7IVZMGIW3JJMGI-RG[MXLMXW TIVQMWWMSR 4EKI SJ'+8 6805H959099 ;36/)67'314)27%8-32 &0%2/)8;%-:)6 ;%-:)63*3966-+,8836)'3:)6*63138,)67 430-'=291&)6 %2( )1403=)670-%&-0-8=430-'= )2(367)1)28z'%0-*362-% )2(367)1)28;' % 9&. + ,%68*36('8 32)83;)6759%6) 7GLIHYPI .SF(IWGVMTXMSR4IVWSRSV3VKERM^EXMSR ;ILEZIXLIVMKLXXSVIGSZIVSYVTE]QIRXWJVSQER]SRIPMEFPIJSVERMRNYV]GSZIVIHF]XLMWTSPMG];I[MPPRSX IRJSVGISYVVMKLXEKEMRWXXLITIVWSRSVSVKERM^EXMSRREQIHMRXLI7GLIHYPI 8LIEHHMXMSREPTVIQMYQJSVXLMWIRHSVWIQIRXWLEPPFI SJXLI'EPMJSVRME[SVOIVW GSQTIRWEXMSRTVI QMYQ %6',-8)'8740%2%2=4)67323636+%2->%8-32*36 ;,-',8,)-2796)(,%7%+6))( &=;6-88)2'3286%'8)<)'98)( 46-3683037783*962-7,8,-7 ;%-:)6 'SYRXIVWMKRIHF]-RWYVERGI'SQTER] 4VIQMYQ-RWYVIH )RHSVWIQIRX2S4SPMG]2S)RHSVWIQIRX)JJIGXMZI 8LMWIRHSVWIQIRXGLERKIWXLITSPMG]XS[LMGLMXMWEXXEGLIHERHMWIJJIGXMZISRXLIHEXIMWWYIHYRPIWWSXLIV[MWI WXEXIH 8LIMRJSVQEXMSRFIPS[MWVIUYMVIHSRP][LIRXLMWIRHSVWIQIRXMWMWWYIHWYFWIUYIRXXSTVITEVEXMSRSJ XLITSPMG] 78%77-+2 (%8)3*-779) 4EKI SJ 01/01/2019 Schmidt Design Group, Inc. UB0J495455 Travelers Property & Casualty Company of America Schmidt Design Group, Inc. TRAN1488 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR CITY HALL EXTERIOR SITE IMPROVEMENTS SCHMIDT DESIGN GROUP, INC. This Amendment No. 3 is entered into and effective as of the _______ day of ___________________________, 2018, extending and amending the agreement dated December 6, 2016, (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Schmidt Design Group Inc., (“Contractor") (collectively, the “Parties”) for Landscape Service. RECITALS A.On March 31, 2017, the Parties executed Amendment No.1 to the Agreement to include an assessment of the exterior lighting; and B.On Sept. 12, 2017, the Parties executed Amendment No. 2 to the Agreement to include landscape, hardscape and irrigation design for the plaza space and to provide plans for grinding and overlay of the eastern and western parking lots at the City Hall site; and C.The Parties desire to alter the Agreement’s scope of work to include expanded landscape architecture and civil engineering services; and D.The Parties desire to extend the Agreement for a period of one (1) year; and E.The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit “A”, Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total Agreement amount shall not exceed two hundred twenty seven thousand six hundred fifty-one dollars ($227,651). 2. City will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed eight thousand one hundred seventy-five dollars ($8,175). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3.Contractor will complete all work described in Exhibit “A” by December 6, 2019. 4.All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. DocuSign Envelope ID: 07B15D52-73AA-4BDC-ACF4-002371259EE5 27th November TRAN1488 City Attorney Approved Version 1/30/13 2 5.All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6.The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: for Scott Chadwick, City Manager (sign here) Jeffrey T. Barr, Vice President (print name/title) ATTEST: By: (sign here) for Barbara Engleson, City Clerk Glen Schmidt, Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 07B15D52-73AA-4BDC-ACF4-002371259EE5 TRAN1488 City Attorney Approved Version 1/30/13 3 EXHIBIT “A” SCOPE OF SERVICES AND FEE DocuSign Envelope ID: 07B15D52-73AA-4BDC-ACF4-002371259EE5 Carlsbad City Hall Renovation Amendment Request 03 September 28, 2018 September 28, 2018 Mr. Brandon Miles, P.E., T.E. Associate Engineer Public Works - Transportation 1635 Faraday Avenue Carlsbad, CA 92008 Regarding: Landscape Architectural Services – Carlsbad City Hall Renovation Dear Brandon: Thank you for the opportunity to provide the following amendment for the City Hall renovation located in Carlsbad, CA. The following scope and fee includes expanded landscape architecture and civil engineering services beyond the original scope of services. SCOPE OF SERVICES A. New Irrigation Only Water Meter – Code Compliance 1. This effort will include civil engineering, landscape, hardscape, and irrigation design for locating and installing a new irrigation only water meter service and backflow preventer device in the public Right of Way along Carlsbad Village Dr and serving the City Hall property. • The team’s civil engineer will provide the following: o Locate new irrigation water service at the south of the site per City of Carlsbad water standards o Locate new irrigation backflow preventer o Adjust grading and daylight limit line to accommodate new utilities • The team’s landscape architect will provide the following: o Coordinate with City engineering and maintenance staff. o Adjust landscape, hardscape and irrigation utilities as required to utilize the new meter and backflow equipment and connections. B. Additional Hardscape and Irrigation Design 1. The original scope of services only specified replacement of the handrails at the grand staircase. Upon evaluation, it was determined that the stairs would no DocuSign Envelope ID: 07B15D52-73AA-4BDC-ACF4-002371259EE5 Carlsbad City Hall Renovation Amendment Request 03 September 28, 2018 2 longer meet ADA compliance with only handrail replacement. Therefore, the entire staircase has been redesigned to provide compliant access including new treads, risers, landings, and compliant access to the various connecting pathways. 2. Additional landscape area has been added to the scope of work based on City direction and associated accessibility impacts. Irrigation design was also provided for expanded landscape areas. 3. SDG coordinated the relocation of the existing flag poles. This required relocation, footing design, and hardscape modifications to provide ADA compliant access to the new flag pole locations. Lighting plans were also modified to respond to the new flag pole locations. 4. The original scope contemplated a repair of the existing irrigation system only where impacted. Based on code requirements and discussions with City maintenance staff, SDG coordinated and specified a Calsense controller. This included meeting with City staff and specifications coordination for reuse of the owner-provided Calsense controller. Extensive vendor coordination was required as the City-provided model is no longer manufactured. SCHEDULE OF FEES The following fees are proposed for the scope of work outlined above. A. Irrigation Only Water Meter (Fixed Fee) $1,680.00 B. Additional Hardscape and Irrigation Design (Fixed Fee) $6,495.00 GRAND TOTAL: $8,175.00 TERMS AND CONDITIONS Per the original authorized contract. Thank you for your consideration. Very truly yours, ____________________________ Jeffrey T. (JT) Barr, RLA Principal Schmidt Design Group, Inc. September 28, 2018 DocuSign Envelope ID: 07B15D52-73AA-4BDC-ACF4-002371259EE5 Pio Pico DriveLaguna DriveCarlsbad Village DriveScale: NTSCarlsbad City HallOctober 13, 2016Preliminary Scope of Work ZonesZONE ASITE-WIDE ADA UPGRADESAccess to exist-ing bus stop.Renovate ADA park-ing. Add 1 stall if requiredReplace non-compliant path. Maybe curb and guƩ erHCReplace Stairs & Rails, Typ.Replace walkway and reveg slope. May require small cheek wall. Replace handrails Replace Stairs & Rails, Typ.Storm Drain Improvements from Elmwood Street and Pio Pico Drive DocuSign Envelope ID: 07B15D52-73AA-4BDC-ACF4-002371259EE5 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1/3/2018 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property &Casualty Company of America 25674 SCHMDES-01 XL Specialty Company 37885SchmidtDesignGroup11116thAvenue,Suite 500SanDiego,CA 92101 326148080 A X 2,000,000 X 1,000,000 10,000 2,000,000 4,000,000 X Y 6805H959099 1/1/2018 1/1/2019 4,000,000 Deductible 0 A 1,000,000 X XX BA5G389226 1/1/2018 1/1/2019 A Y UB0J495455 1/1/2018 1/1/2019 X 1,000,000 1,000,000 1,000,000 B ProfessionalLiability DPR9920207 1/1/2018 1/1/2019 Ea Claim &Aggr Limit $2,000,000 Re:TRAN1528,City Hall Exterior Site Improvements Services.Additional Insured coverage applies to General Liability for City of Carlsbad/CMWD per policyform.Primary and Non-Contributory coverage applies to General Liability per policy form.Waiver of subrogation applies to Workers Compensation per policyform.Professional Liability -Claims made form,defense costs included within limit.If the insurance company elects to cancel or non-renew coverage for anyreasonotherthannonpaymentofpremiumCavignac&Associates will provide 30 days notice of such cancellation or nonrenewal. City of Carlsbad/CMWDAttn:Contract Administration1635FaradayAvenueCarlsbadCA92008 Policy Number: 6805H959099 Policy Number: 6805H959099 AMENDMENT NO. 2 TO AGREEMENT FOR CITY HALL EXTERIOR SITE IMPROVEMENTS SERVICES SCHMIDT DESIGN GROUP, INC. TRAN1488 L This Amendment No. 2 is entered into and effective as of the /~ day of ::::J~\a ,J-" , 20J..±, amending the agreement dated December 6, 2016,tW'Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Schmidt Design Group, Inc, a California corporation, ("Contractor") (collectively, the "Parties") for City Hall Exterior Site Improvements Services. RECITALS A. On March 31, 2017, the Parties executed Amendment No. 1 to the Agreement to include an assessment of the exterior lighting; and B. The Parties desire to alter the Agreement's scope of work to include landscape, hardscape, and irrigation design for the plaza space and to provide plans for grinding and overlay of the eastern and western parking lots at the City Hall site; and C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed two hundred nineteen thousand four hundred seventy-six dollars ($219,476). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed twenty thousand eight hundred ten dollars ($20,810). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by December 6, 2018. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill City Attorney Approved Version 9/27/16 TRAN1488 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR SCHMIDT DESIGN GROUP, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: tA·1t,. <;,L1~ r Barbara Engleson, City Cler If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: --'(_'-. _: _ic=---_c"--=(.,__.~ C--.c"' .... (_.~__,,·~'"-·~·--=<~ .. · .... 2 .... :b->---- Deputy City Attorney , City Attorney Approved Version 9/27/16 2 ••• ~~-~-- Exhibit A Carlsbad City Hall Renovation July 31, 2017 July 31, 2017 Mr. Brandon Miles, P.E., T.E. Associate Engineer Public Works -Transportation 1635 Faraday Avenue Carlsbad, CA 92008 Regarding: Landscape Architectural Services -Carlsbad City Hall Renovation Dear Brandon: Thank you for the opportunity to provide the following amendment for the City Hall renovation located in Carlsbad, CA. The following scope and fee includes landscape architecture, civil and electrical engineering services for the exterior of the City Hall facility. SCOPE OF SERVICES A. Plaza Design l. This effort will include landscape, hardscape, and irrigation design for the plaza space, currently turf and landscape, in the center of the covered walkway. • SDG will prepare one conceptual design for review and approval by the City. This sketch will illustrate the proposed arrangement of the plaza space and denote material finishes. It will be hand drawn and color rendered at 1:10 scale. • With approval from the City, the design will be incorporated into the 100 % construction documents. It will include hardscape treatments and details, planting plan and legend, and irrigation plan and legend. • The electrical engineer will include lighting of the new plaza space to meet required light levels for gathering spaces. • The team's civil engineer will provide a grading plan for the plaza space. B. Parking Lot Paving 2. The teams' civil engineer will provide plans denoting a grind and overlay of the eastern and western parking lots at the City Hall site. These plans will be incorporated into the 100% Construction document package. SCHEDULE OF FEES ••• ~L-, __ _ Exhibit A Carlsbad City Hall Renovation Amendment Request 02 July 31, 2017 The following fees are proposed for the scope of work outlined above. A. Plaza Design (Fixed Fee) a. Schmidt Design Group, Inc. b. BWE (civil, engineer) c. Alagia Engineering (electrical engineer) d. Reimbursable Expenses TOTAL: A. Parking Lot Paving (Fixed Fee) a. BWE (civil, engineer) b. Reimbursable Expenses TOTAL: GRAND TOTAL: PROJECT ASSUMPTIONS AND EXCLUSIONS $11,200.00 $4,830.00 $1,150.00 $1,000.00 $18,180.00 $2,530.00 $100.00 $2,630.00 $20,810.00 1. Submittals will only include conceptual design and 100% construction documents. Intermediate submittals are not anticipated. ADDITIONAL SERVICES HOURLY BILLING RATES Fees will be charged for technical work, consultation, and additional services. Charges will be made for typing, as in the preparation of reports, and for time and costs of printing. No direct charges will be made for normal secretarial services, office management, or general accounting. Hourly Rates Principal Landscape Architect/President ....................................................................... $225/hour Principal Landscape Architect ........................................................................................ $185/hour Senior Associate Landscape Architect ........................................................................... $155/hour Associate Landscape Architect ...................................................................................... $140/hour Senior Project Manager/Licensed Landscape Architect ............................................... $120/hour Project Manager .............................................................................................................. $95/hour Landscape Designer ......................................................................................................... $85/hour Landscape Drafter ............................................................................................................ $75/hour Clerical/Typist .................................................................................................................. $65/hour Reimbursable Expenses It is assumed that all deliverable reproductions will be printed by the City's preferred reprographics company. Ancillary reimbursable expenses will be billed at cost. In-house plotting will be charged between $.75 and $7.75 per square-foot depending on color and paper type. Sub-consultants 2 AB,RD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYY) 2/8/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON.THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(sl. PRODUCER CONTACT Certificate Department NAME: Cavignac & Associates ;~9N,t -=-,-619-744-0574 I Ff:-3:. ··-. 619-234-8601 450 B Street, Suite 1800 ~;._~~~~~-certificates@cavignac.com San Diego CA 92101 INSURER($) AFFORDING COVERAGE NAIC# 1NsuRERA:Travelers Prooertv & Casualtv Comoa 25674 INSURED SCHMDES-01 INsuRER B :XL Specialty Comoanv Schmidt Design Group INSURERC: 1111 6th Avenue, Suite 500 INSURER O: San Diego, CA 92101 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· 1153764863 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSO WVD POLICY NUMBER (MM/DDIYYYY) (MMIDDIYYYY) A L COMMERCIAL GENERAL LIABILITY y 6805H959099 1/1/2017 1/1/2018 EACH OCCURRENCE $2,000,000 D CLAIMS-MADE GJ OCCUR DAMAGE TO RENTED I-PREMISES /Ea occurrence\ $1,000,000 I-MED EXP (Any one person) $10,000 1--PERSONAL & ADV INJURY $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4.000.000 R POLICY 0 j'fi§l,= D LOC PRODUCTS -COMP/OP AGG $4,000,000 OTHER: Deductible so A AUTOMOBILIE LIABILITY BA5G389226 1/1/2017 1/1/2018 (E'a:MBINE~t)::IN<3Ll:: LIMll $1,000,000 accident I-- X ANY AUTO BODIL y INJURY (Per person) $ I--ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) S I--I--NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident] $ 1--1--s UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ 1-- EXCESSLIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ A WORKERS COMPENSATION UBOJ495455 1/1/2017 1/1/2018 I PER I I OTH-X STATUTE ER ANO EMPLOYERS" LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below B Professional liability DPR9909916 1/1/2017 1/1/2018 Ea Claim & Aggr Limit $2,000,000 ./ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: TRAN1528, City Hall Exterior Site Improvements Services. Additional Insured coverage applies to General Liability for City of Carlsbad per policy form. Primary and Non-Contributory coverage applies to General Liability per policy form. Professional Liability -Claims made form, defense costs included within limit. If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium Cavignac & Associates will provide 30 days notice of such cancellation or nonrenewal. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Contract Administration ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue Carlsbad CA 92008 AUTHORIZED REPRESENTATIVE I ~~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Po/icy Number: 6805H959099 / COMMERCIAL GENERAL L!ABJLITY THJS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a ·'contract or agreement requiring insuranceu to include as an additional insured on this Coverage Part. but only with respect to liability for "bodily injury". "property damage" or 4 personal injury" caused. in whole or in part. by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you: or c. In connection with "your work~ and included within the "products-completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage· or '·personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to the additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section Ill} for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" ihat the insurance provided to an addrtional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured. and we "viii not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury"forwhich coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance··. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY COND[TIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for ''bodily injury". "property damage" or "personal injury" arising out of ·your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the ''contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage· occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V}: "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury'' and "property damage'" occurs, and the "personal injury" is caused by an offense committed: a. After you ha,1e entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. ©2007 The Travelers Companies, Inc. CGD3 810907 [ncludes copyrighted material of Insurance Services Office, Inc,, with its permission. Page 1 of 1 AMENDMENT NO. 1 TO AGREEMENT FOR CITY HALL EXTERIOR SITE IMPROVEMENTS SERVICES SCHMIDT DESIGN GROUP, INC. TRAN1488 This Amendment No. 1 is entered into and effective as of the... 3/ J day of 7YJt:A.£b , 2017, amending the agreement dated December 6, 2016, (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City") and Schmidt Design Group, Inc., a California corporation ("Contractor") (collectively, the "Parties") for City Hall Exterior Site Improvements Services. RECITALS A. The Parties desire to alter the Agreement's scope of work to include an assessment of the exterior lighting; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed one hundred ninety eight thousand six hundred sixty six dollars ($198,666). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed sixteen thousand eight hundred eighty- five dollars ($16,885). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by December 5, 2018. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill City Attorney Approved Version 9/27/16 1 TRAN1488 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR SCHMIDT DESIGN GROUP, INC., a California corporation (print name/ tie) CITY OF CARLSBAD, a municipal corporation of the State of California By: ity Manager ATTEST: \k~2!1~h. BARBARA ENGLESON tJv '- ~~~-=-=..::.~'-'--"::..:......'---i':--"=--...::._=:~=t--7 City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ eputy(ityAtt()I City Attorney Approved Version 9/27116 2 -·-4'4-._,_ February 27, 2017 Mr. Brandon Miles, P.E., T.E. Associate Engineer Public Works -Transportation 1635 Faraday Avenue Carlsbad, CA 92008 Exhibit "A" Carlsbad City Hall Renovation Amendment Request 01 January 30, 2017 Regarding: Landscape Architectural Services -Carlsbad City Hall Renovation Dear Brandon: Thank you for the opportunity to provide the following amendment for the City Hall renovation located in Carlsbad, CA. The following scope and fee includes electrical engineering services for the exterior of the City Hall facility. SCOPE OF SERVICES A. Exterior Lighting Design 1. This effort will include the review electrical engineering for site lighting at the exterior of the City Hall and parking lots including the areas below: • Two lower parking lots on west side of city facilities • North staircase by the City Attorney's Office • Middle staircase by City Manager's Office entrance • South staircase by the Council Chamber • Common area between Council Chamber and City Hall • Back parking lot • Western most wall of City Hall walkway • West side of Cole Library by the brush and hillside • Parking area in front of the Community Garden which is used for over flow parking during the day by staff and for Council meetings • Walkway between back parking lot and the eastern most wall of City Hall 2. Services will include the following: a) Lighting design including fixture selection, photometric calculations, and associated branch circuiting. In the absence of client's specific foot-candle -·-f#"e --- Carlsbad City Hall Renovation Amendment Request 01 February 27, 2017 requirements, the standards set forth by Illuminating Engineering Society {IES) will be followed, subject to Energy Code limitations. b) Single line diagram, panel schedules, and branch circuiting as well as details. c) Load, voltage drop, short circuit calculations for feeders and branch circuiting. • Electrical book specifications in 2015 CSI format. • Title 24 Calculations and Compliance Forms. • Estimation of probable costs. d) Coordination with SDG&E for an upgraded electrical service pedestal at the west parking lot if required. e) Electrical design for the replacement of the existing lighting panel and controls with in the main electrical room. f) Conduit systems shall be designed for COY cameras or other systems with the direction of the City. Hardware and cabling for COY is excluded. 3. Landscape and irrigation plans will illustrate required repairs associated with the impacts resulting from trenching for new electrical conduit. 4. Bidding phase electrical services including responses to requests for information and issuing addenda, as required. 5. Electrical engineering responses to requests for information, attendance of one construction meetings during construction as well as one site visit for the final walk through if the facility, and submittal reviews. 6. Record Documents on CADD created from contractor mark ups. SCHEDULE OF FEES The following fees are proposed for the scope of work outlined above. A. Exterior Lighting Design (Fixed Fee) a. Alagia Engineering b. Schmidt Design Group, Inc. c. Reimbursable Expenses GRAND TOTAL: 2 $13,685.00 $2,200.00 $1,000.00 $16,885.00 PROJECT ASSUMPTIONS AND EXCLUSIONS Carlsbad City Hall Renovation Amendment Request 01 February 27, 2017 1. The design of CCTV, phone, and other low voltage systems is excluded. ADDITIONAL SERVICES HOURLY BILLING RATES Fees will be charged for technical work, consultation, and additional services. Charges will be made for typing, as in the preparation of reports, and for time and costs of printing. No direct charges will be made for normal secretarial services, office management, or general accounting. Hourly Rates Principal Landscape Architect/President ...................................................................... $225/hour Principal Landscape Architect ....................................................................................... $185/hour Senior Associate Landscape Architect .......................................................................... $155/hour Associate Landscape Architect ..................................................................................... $140/hour Senior Project Manager/Licensed Landscape Architect.. ............................................. $120/hour Project Manager .............................................................................................................. $95/hour Landscape Designer ......................................................................................................... $85/hour Landscape Drafter ............................................................................................................ $75/hour Clerical/Typist .................................................................................................................. $65/hour Reimbursable Expenses It is assumed that all deliverable reproductions will be printed by the City's preferred reprographics company. Ancillary reimbursable expenses will be billed at cost. In-house plotting will be charged between $. 75 and $7.75 per square-foot depending on color and paper type. Sub-consultants Expenses for consultants employed by Schmidt Design Group, Inc. will be marked up by 15%. Mileage and Travel Mileage in the interest of the client will be charged at the current GSA Mileage Reimbursement Rates. Time spent in travel in the interest of the client will be charged at hourly rates. A minimum of one hour will be charged for any site visit. 3 Carlsbad City Hall Renovation Amendment Request 01 February 27, 2017 Thank you for your consideration. If the foregoing reflects a mutual understanding, then please sign the enclosed copy and return it to our office. Very truly yours, Schmidt Design Group, Inc. February 27, 2017 AGREED AND ACCEPTED Authorized Signatory City of Carlsbad Dated: _________ _ 4 TRAN1488 AGREEMENT FOR CITY HALL EXTERIOR SITE IMPROVEMENTS SERVICES SCHMIDT DESIGN GROUP, INC. ~HIS AGREEMENT is made and entered into as of the (o'Wl day of ~('\oNV\.G;Ra , 2016, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and SCHMIDT DESIGN GROUP, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in professional design services. B. Contractor has the necessary experience in providing professional services and advice related to professional design services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of 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 be one hundred eighty one thousand seven hundred eighty one dollars ($181,781). 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 4/1/15 TRAN1488 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1 ,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, City Attorney Approved Version 4/1/15 2 TRAN1488 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. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at ·Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. City Attorney Approved Version 4/1/15 3 TRAN1488 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. · 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. City Attorney Approved Version 4/1/15 4 TRAN1488 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv Name Brandon Miles Title Associate Engineer Department Public Works City of Carlsbad Address · 1635 Faraday Ave Carlsbad, CA 92008 Phone No. 760-602-2745 For Contractor Name Jeffrey T. Barr Title Project Manager Address 1111 Sixth Avenue, Suite 500 San Diego, CA 92101 Phone No. 619.236.1462 Email jtbarr@schmidtdesign.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED . Contractor will comply with all applicable local, ·state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (1 0) 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 City Attorney Approved Version 4/1/15 5 TRAN1488 to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor,· to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation ofthis warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. City Attorney Approved Version 4/1/15 6 TRAN1488 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in. these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 4/1/15 7 TRAN1488 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR SCHMIDT DESIGN GROUP, INC., a California corporation (s1gn here) Glen Schmidt I President Glen Schmidt I Secretary CITY OF CARLSBAD, a municipal corporation of the State of California By: M Ha I/ Mayor ATTEST: ~ oill CA~ ~\57. BARBARA ENGLESON D City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Ag.reement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~~~~~~·~~~~u~------ Deputy City Attorney City Attorney Approved Version 4/1/15 8 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California j) , County of sp1 I "?JO CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On who proved to me on the basis of satisfactory evidence to be the personN whose name(~ is/a~ subscribed to the within instrument and acknowledged to me that he/~Mey executed the same in his/~t~r authorized capacity~ and that by hist'l't&Zt~r signaturets{ on the instrument the personN, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document Description of Attached Document containing ___ pages, and dated ___________ _ The signer(s) capacity or authority is/are as: D lndividual(s) D Attorney-in-Fact D Corporate Officer(s) ------------::cc-:-c----------- Title(s) D Guardian/Conservator D Partner-Limited/General D Trustee(s) D Other: ------------------------- representing: ----,.,-----,-,--;-:,.-----,-,-::--:-....,---:-:::--:-::-----,------- Name(sl of Person(s) or Entity(ies) Signer is Representing r A(:(dltional ln"formation Method of Signer Identification Proved to me on the basis of satisfactory evidence: Lo form(s) of identification 0 credible witness(es) Notarial event is detailed in notary journal on: Page # Entry# Notary contact: ___________ _ Other D Additional Signer(s) D Signer(s) Thumbprint(s) D ------------- ©Copyright 2007·2014 Notary Rotary, Inc. PO Box 41400, Des Moines, lA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT County of ~~---4-"'',.Llotf...___..D""'-'-I_,'ea"71-'-'()<--__ _._/-=--0__,-;J."----6=----=c2__,D"--'-/-=-h-before me, -'--"'--------=-~---"--~~~~L..._-'-='---+--'---"'12~ f On pe~onal~app~red_~~~~~e~~~-~~~~a=n~-~~~~~~~i~~~~~he_~_in-ser-tn-am-e-an--------~ who proved to me on the basis of satisfactory evidence to be the personN whose name~ is/Me..')ubscribed to the within instrument and acknowledged to me that he/~ executed the same in hisfttet:lthsir authorized capacityt1es), and that by his/~~ signature('sl on the instrument the person(~, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signa (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document containing pages, nd dated -----------~ The signer(s) capacity or authority is/are as: D lndividual(s) D Attorney-in-Fact 0 Corporate Officer(s) ---------~Tit~le~(s~)---------- D Guardian/Conservator 0 Partner-Limited/General D Trustee(s) D Other: ________________________ _ representing: ------,:-:-----;--;-;-;cc---;-;---c=-cc~~---:-c::----~---- Name(sl of Person(s) or Entity(ies) Signer is Representing Addi1tional Information Method of Signer Identification Proved to me on the basis of satisfactory evidence: Lo form(s) of identification 0 credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: ___________ _ Other 0 Additional Signer(s) 0 Signer(s)Thumbprint(s) D ______________________ _ ©Copyright 2007-2014 Notary Rotary, Inc. PO Box 41400, Des Moines, lA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. \ (__ SCHMIDT DESIGN GROUP, INC. ••• ~ e --- BALANCING ARTISTIC EXPRESSION IN DESIGN WITH ENVIRONMENTAL SENSITIVITY 1111 Sixth Avenue, Suite 500, San Diego, CA 92101 Lie. CA 2138, NV 219, AZ34139 telephone {619} 236-1462 facsimile {619} 236-8792 www.schmidtdesign.com October 13, 2016 Exhibit "A" Mr. Brandon Miles, P.E., T.E. Associate Engineer Public Works -Transportation 1635 Faraday Avenue Carlsbad, CA 92008 Regarding: Landscape Architectural Services -Carlsbad City Hall Renovation Dear Brandon: Thank you for the opportunity to provide the following proposal/agreement for the City Hall renovation located in Carlsbad, CA. We have developed the following scope of work based on our meetings and your subsequent feedback. This effort will focus on ADA accessibility upgrades, site improvements to reduce City liability, focused structural testing of the existing arcade connecting the various City Hall buildings, and landscape and irrigation improvements. Optional tasks have also been provided for a boundary survey, additional evaluation ofthe existing arcade, and new shade structure, if required. Please refer to Exhibit A for the limits of the scope. SCOPE OF SERVICES A. Project Start Up 1. SITE VISIT: Visit the site with City staff to review existing conditions and identify project opportunities, issues, and concerns. 2. TOPOGRAPHIC SURVEY: a. Conduct field surveying services to set horizontal and vertical control for an aerial topographic survey of the entire project area and surrounding streets. b. Prepare an Aerial Topographic Survey, compiled at 20-scale with 1-foot contours. Prepare a final AutoCAD drawing of the Aerial Topographic Survey. c. Conduct field surveying services to collect above underground utility structure information; obtain existing surface elevations for proposed improvement areas and trees; invert elevations of storm drain and sewer utilities; and locate buildings and finish floor elevations within the area. ··-~(,e ~-- Carlsbad City Hall Renovation October 13, 2016 d. Prepare a composite 2012 AutoCAD Civil 3D Drawing depicting the Aerial Topographic Survey and specific ground survey data along with record utilities (based on utility drawings provided by the City) within the project area. 3. STRUCTURAL ASSESSMENT: The team's structural engineer will conduct a site visit to observe conditions of the existing concrete arcade structure. They will prepare a report of observations and findings. The report will specifically discuss observed conditions as well as observable construction and potential performance issues in a seismic event. This portion of scope does not include destructive testing, or analysis of existing structures; it will be based on construction type, connection type, condition, and historical performance of similar structures. Further analysis may be required depending on the detailed field observation (Please refer to Optional Tasks section). 4. ADA ASSESSMENT: The team's accessibility specialist will perform an accessibility survey of the facility, including the parking area and exterior path of travel used by the public. They will prepare a written report indicating conditions that do not comply with the 2010 ADA Standards and the 2016 CBC (which goes into effect January 1, 2016), as well as a Preliminary Scope of Work to remove each barrier. B. Preliminary Design 1. PRELIMINARY ENGINEERING: Provide preliminary civil design plans for the following items: a. ADA Upgrades: Review site survey and determine recommended site-wide ADA improvements to establish compliant paths oftravel from accessible parking stalls, public right-of-way to all facilities, and path to the City Attorney's office. Renovate ADA parking stalls to be compliant. Recommend removal and replacement of all walkways in excess of 2% cross slope. b. Public Hazard Upgrades: Replacement ofthe existing stairs between the parking lot and City Attorney's office. Provide grading and drainage design to rehabilitate failing slope. c. Replacement of all site stairs and handrails between parking lots. d. Review recommended areas of hardscape removal to determine stormwater treatment/management impacts. It is anticipated that more than 5,000 square feet of hardscape will be replaced which triggers a Priority Development Project threshold for water quality. 2 ••• "'· e ~-- 2. 3. Carlsbad City Hall Renovation October 13, 2016 PRELIMINARY ILLUSTRATIVE DESIGN: SDG will prepare a preliminary illustrative design plan which illustrates the paving to be modified, stair renovations, landscape areas impacted, and parking modifications. The plan will be in color and sufficiently labeled to communicate the design intent. COST ESTIMATION: SDG will prepare a preliminary rough order of magnitude cost estimate based on the proposed improvements. 4. CITY MEETING: The team will meet with the City to present the preliminary design. It is anticipated that one round of minor revisions will result from this meeting. C. Construction Documents (60%, 90%, and Final) 1. CONSTRUCTION DOCUMENTS: The Construction Documents submittal packages will include plans, specifications, and estimates in the City-approved format. It is anticipated that the 90% plan set will constitute the first cycle permit review. 2. TITLE SHEET: A title sheet will be provided including general notes, vicinity map, scope of work description, and a sheet index. 3. DEMOLITION PLAN: Plans will be developed to demolish existing site features that are intended to be removed prior to construction. Special site features to remain will also be noted. 4. GRADING AND DRAINAGE PLANS: The team's civil engineering consultant will provide the following: a. Precise grading and drainage design to establish compliant paths of travel from accessible parking stalls and the public right-of-way to all facilities. The design will bring the areas into compliance with current title 24 accessibility requirements. This includes removal and replacement of all walkways in excess of 2% cross slope. b. Re-grade accessible parking stalls within the east parking lot to comply with current standards. c. Remove and replace existing stairs and handrails to comply with current standards. d. Re-grade slopes at replaced stairs to provide slope stability. e. Prepare erosion control plan. 3 ••• 11 e --- f. Carlsbad City Hall Renovation October 13, 2016 Prepare drainage and improvement plans for approximately 750 linear feet of new storm drain piping for Laguna Drive between Pio Pico Drive & Elmwood Street. The plans will include: i. Plan & profile of Laguna Street and new storm drain system. ii. The design of 3 new curb inlets sized to capture the 100-year storm event. iii. Update and confirm hydrology & hydraulic analysis prepared by RBF for Laguna Drive dated September 2014. Analysis will be done to properly size new storm drain & curb inlets within this scope of work. iv. Review as-builts of existing utilities to check for utility conflicts (if available}. v. Attend one site walk to verify flow patterns and tributary areas as shown on the RBF hydrology study. 5. PRIORITY DEVELOPMENT PROJECT STORMWATER QUALITY MANAGEMENT PLAN: The team's civil engineer will prepare documentation required for a Priority Development Project according to Carlsbad BMP Design Manual, Volume 5. This includes any project with the creation of more than 5,000 square feet of impervious surface. a. Prepare a Stormwater Quality Management Plan (SWQMP} for one combined treatment/management facility that mitigates the new improvements of the site if the project proposes to replace, add, or create more than 5,000 square feet of impervious surface and is considered a Priority Development Project. The SWQMP will provide treatment and hydromodification management calculations to comply with current stormwater standards. b. Prepare a drainage study for the site to compare existing and proposed runoff rates. c. Provide post construction grading and drainage plans for the BM P facility. 6. LANDSCAPE HARDSCAPE PLANS: Plans and details will illustrate the layout and placement of elements including sidewalks, stairs, handrails, and seat walls. A materials schedule will denote the manufacturer, model number, color, and finish of all proposed improvements. 7. CONSTRUCTION DETAILS: Construction details will be provided for all proposed improvements. Details will be custom and project specific or reference regionally accepted standards. 4 ••• ~".e --- 8. Carlsbad City Hall Renovation October 13, 2016 LANDSCAPE PLANTING PLANS AND DETAILS: Plans will indicate the locations, sizes, and species of all landscape materials. Details will be provided or will reference appropriate City standards. 9. IRRIGATION PLANS AND DETAILS: Equipment and details will consist of a listing of irrigation system components including irrigation heads, valves, and smart controllers (manufacturer and equipment model numbers). The irrigation system will be designed to meet AB 1881 requirements. 10. TECHNICAL SPECIFICATIONS AND SUPPLEMENTAL PROVISIONS MANUAL: Project technical specifications will be prepared. 11. ESTIMATE OF PROBABLE CONSTRUCTION COSTS: An estimate will be provided to address the proposed improvements. 12. CITY SUBMITIAL: The 60%, 90%, and final construction document packages will be submitted to the City for review. The plans and specifications will be submitted by the City's Project Manager to the various review agencies for review, approval, and permitting. A maximum oftwo (2) rounds of minor review and revisions are anticipated. 13. FINAL SUBMITIAL: Final signed mylar plans and Auto CAD drawings will be submitted to the City upon final approval of the construction documents. Deliverable: Final mylar plans, digital scans (TIFF and/or PDF files), and Auto CAD drawings. 14. MEETINGS: A total offour (4) meetings are included during the construction document phase. D. Additional Support Services Additional support services are critical in the design process as they allow the team to verify that the vision and design intent of the project is being implemented. The design team will verify the contractor's conformance to the drawings and specifications throughout the construction process. The means and methods to accomplish the work will be the responsibility of the contractor. 1. REQUESTS FOR INFORMATION: The design team will review and provide responses to RFI's throughout the duration of construction. Twenty (20) staff hours have been allotted for this effort. 5 ••• ~ e --- 2. 3. 4. 5. 6. 7. Carlsbad City Hall Renovation October 13, 2016 SUBMITIALS: The design team will review and provide responses to contractor submittals throughout the duration of construction. Twenty (20) staff hours have been allotted for this effort. LANDSCAPE ARCHITECTURE: The design team will conduct site visits to assess forms, flatwork, planting, and irrigation improvements. A total of four (4) site visits are anticipated throughout the construction duration. CIVIL ENGINEER: The design team will conduct site visits to assess staking, site grading, drainage infrastructure installation, and wet utility installation. A maximum of three (3) visits are anticipated. PRE-FINAL WALKTHROUGH: A pre-final walkthrough will be conducted to verify that all ofthe issues outlined on the "punch list" have been resolved. The maintenance period for the project will commence upon approval of the revisions outlined in the "punch list." FINAL WALKTHROUGH: A final walkthrough will be conducted after the contractor verifies the corrections of the punch list items. The result of the final walkthrough will be final approval of the hardscape, landscape, and irrigation work. AS-BUILT PLANS: The design team will prepare final record as-built's based on the contractor's red line mark-ups ofthe bid plans. Final as-built's will be submitted to the City's Project Manager for filing. Deliverables: Final mylar plans, digital scans (TIFF and/or PDF files,) and Auto CAD drawings. SCHEDULE OF FEES The following fees are proposed for the scope of work outlined above. A. Project Start Up (Fixed Fee) B. Preliminary Design (Fixed Fee) C. Construction Documents (Fixed Fee) D. Additional Support Services (Time and Materials, Estimate) Reimbursable Expenses (Estimate) GRAND TOTAL: OPTIONAL TASKS E. Additional Structural Analysis $27,372.00 $12,367.00 $81,336.00 $13,826.00 $4,000.00 $138,900.00 1. ADDITIONAL STRUCTURAL ANALYSIS: If the report and conclusions identified in the base scope are found not to be extensive enough for the City to use in 6 ••• ~~~'---- Carlsbad City Hall Renovation October 13, 2016 decision making, BWE will perform the next level of analysis and reporting. They will conduct a site visit to determine the dimensions of structure needed to perform analysis. They will perform a cursory evaluation based on ASCE 41-13 checklist and analysis, as deemed appropriate for this structure. They will prepare Addendum to the report from above scope to include findings from more extensive analysis. F. Optional Shade Structure Design 1. SHADE STRUCTURE DESIGN: SDG will collaborate with USA Shade to develop a fabric shade structure design if it is determined that the existing concrete arcade represents a seismic risk. This effort includes the following: a. Initial conceptual design/layout to obtain City staff approval prior to the development of construction documents. b. Development of construction documents to be incorporated into the base scope of work referenced above. c. A cost estimate will be prepared for the shade structure. d. Two {2) additional site visits during construction to observe the post placement and installation. 2. SHADE STRUCTURE STRUCTURAL DESIGN: Design foundations and support columns for shade structures, based on shade fabric designer loads. Provide anchorage calculations of fabric shades based on manufacturer and designer connection preference. Calculation package, plans, and specifications will be prepared for submittal to the City. 3. SHADE STRUCTURE ELECTRICAL ENGINEERING: The current arcade has significant conduit traversing the canopy which provides power and communications distribution to the various buildings at City Hall. The team's electrical engineer will prepare construction documents at 60%, 90%, and 100% intervals for the rerouting of all utilities impacted by the removal of the existing arcade. This also includes addressing impacts to the existing audio/visual system affixed to the existing arcade. A new lighting design and fixture selection will be provided for the new shade structure. Title 24 calculations will be provided for all new fixtures. Cost estimation will be included for this effort. A total of one {1) field visit will be provided during construction. G. Boundary Survey and RecQrd of Survey 1. Field and office surveying services to prepare a precise boundary survey ofthe vesting deed for APN 156-180-46, being a portion ofTract 117, Map 1661 Carlsbad Lands. 7 ••• ·~(- Carlsbad City Hall Renovation October 13, 2016 --- 2. Review the Owner provided Title Report and plot easements contained therein. 3. The Professional Land Surveyor will establish the property boundary using found evidence from field survey, prepare a procedure of survey and add the boundary survey to the above topographic survey AutoCAD file. 4. Prepare and process a Record of Survey with the County of San Diego. 5. Set boundary corner monuments at any location where an original or existing monument was not located in the field. OPTIONAL TASKS-SCHEDULE OF FEES The following fees are proposed for the optional scope of work outlined above. E. Additional Structural Analysis (Fixed Fee} F. Optional Shade Structure Design (Fixed Fee} G. Optional Boundary Survey and Record of Survey (Fixed Fee) OPTIONAL TASKS GRAND TOTAL: PROJECT ASSUMPTIONS AND EXCLUSIONS $4,600.00 $22,175.00 $16,106.00 $42,881.00 1. Meetings in excess of those enumerated above will be considered additional services. 2. LEED documentation is excluded. 3. Survey work excludes boundary and easement surveying and recording. 4. Perspective drawings, renderings, visual studies, scale models of mockups, or samples are excluded and can be provided as an additional service. 5. Extensive value engineering after the 90% construction document submittal. 6. The project will not be separated into multiple phases or bid packages. 7. The City shall pay all fees required by the approving agencies. 8. Modifications to the scope of project or services. 9. Environmental documentation including, but not limited to, EIR/MND, biological reports, and archeological reports have been excluded. 10. Plan check and permitting fees shall be paid by others and are not included in this fee. 11. Pavement and foundation design will be determined as recommended by a previously prepared geotechnical report provided by the City or based on code minimum values. 12. Geotechnical engineering or other soils verification services are not included in this scope and fee. 13. Retaining wall plans, profiles, and calculations are excluded. 14. A separate design package for public improvement plans or encroachment plans for work in the Right-Of-Way or public easements is not included. 15. A wet utility plan is not included. If required, it will be provided as an additional service. 16. Traffic control plans are not included. 17. Non-gravity flow for stormwater design is not included. 18. This project is not anticipated to disturb one (1} acre or more of land, therefore, a SWPPP will not be required and is not included. 8 ••• -e --- Carlsbad City Hall Renovation October 13, 2016 19. New ramps and ADA walkway design at the existing grand stair entry is not included in this fee. 20. Landscape and irrigation improvements outside the limits of immediate hardscape disturbance is excluded. 21. Structural observations are based on observable conditions, we will not be able to ascertain reinforcing, or interior condition of structures; nor will we be able to observe foundations. ADDITIONAL SERVICES HOURLY BILLING RATES Fees will be charged for technical work, consultation, and additional services. Charges will be made for typing, as in the preparation of reports, and for time and costs of printing. No direct charges will be made for normal secretarial services, office management, or general accounting. Hourly Rates Principal Landscape Architect/President ...................................................................... $225/hour Principal Landscape Architect ....................................................................................... $185/hour Senior Associate Landscape Architect .......................................................................... $155/hour Associate Landscape Architect ..................................................................................... $140/hour Senior Project Manager/Licensed Landscape Architect ............................................... $120/hour Project Manager ............................................................................................................... $95/hour Landscape Designer ......................................................................................................... $85/hour Landscape Drafter ............................................................................................................ $75/hour Clerical/Typist .................................................................................................................. $65/hour Reimbursable Expenses It is assumed that all deliverable reproductions will be printed by the City's preferred reprographics company. Ancillary reimbursable expenses will be billed at cost. In-house plotting will be charged between $. 75 and $7.75 per square-foot depending on color and paper type. Sub-consultants Expenses for consultants employed by Schmidt Design Group, Inc. will be marked up by 15%. Mileage and Travel Mileage in the interest ofthe client will be charged at the current GSA Mileage Reimbursement Rates. Time spent in travel in the interest of the client will be charged at hourly rates. A minimum of one hour will be charged for any site visit. TERMS OF AGREEMENT I. An invoice for Landscape Architectural services will be submitted monthly. Invoices will reflect percentage of completion for each phase of work. Invoices will reference percent complete per task as identified in the Schedule of Fees. 9 SCII:IIIUT Ok~l(lN o ••. H,, IWC. ::,~~·; .. ~~oC:.~~;::.:•;:Jt:;t:,~,\ .. ao ''~" =~;i.;:7'., .... ~r:;:r.~:;,. ----U<b01)6.••nf.UJ•'t0 ZONE A SITE-WIDE ADA UPGRADES Preliminary Scope of Work Zones Carlsbad City Hall P.:\ October 13, 2016 \\L)I Scale: NTS