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HomeMy WebLinkAboutSchmidt Design Group Inc; 2018-06-12;AMENDMENT NO. 2 TO AMEND AGREEMENT FOR LANDSCAPE ARCHITECTURAL DESIGN SERVICES FOR A DOG PARK SCHMIDT DESIGN GROUP, INC. This Amendment No. 2 is entered into and effective as of the 1~ day of 't°<}Qo «'0.~ , 20].Q, amending the agreement dated June 12, 2018 (the "Agreement") nd between the City of Carlsbad, a municipal corporation, ("City"), and Schmidt Design Group, Inc., ("Contractor") (collectively, the "Parties") for landscape architectural design services. RECITALS A. On June 11, 2019, the Parties executed Amendment No. 1 to extend and amend the agreement for landscape architectural design for a dog park at Poinsettia Community Park; and B. The Parties desire to alter the Agreement's scope of work for additional landscape architectural design services for a dog park; and C. 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 annual Agreement amount shall not exceed twenty-nine thousand dollars ($29,000.00). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed twenty-nine thousand dollars ($29,000.00). 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 June 12, 2020. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version 1 /30/13 ,, 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR By: By: name/title) CITY OF CARLSBAD, a municipal corporation of the State of California BARBARA ENGLESON 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 City Attorney Approved Version 1/30/13 2 " EXHIBIT "A" SCOPE OF SERVICES AND FEE Schmidt Design Group, Inc. (SDG) will provide additional landscape architectural services to develop construction documents and specifications for a dog park at Poinsettia Community Park in an area generally located west of the main park entrance on Hidden Valley Road, south of the pickleball courts. SCOPE OF SERVICES TASK 1-CONSTRUCTION DOCUMENTS AND SPECIFICATIONS 1. Landscape Construction Plans and Details: Plans and details will illustrate the layout and placement of elements including sidewalks, seat walls, gathering spaces, dog obstacles, and landscape planting areas. Details will be provided or reference appropriate City standards. 2. Landscape Construction Materials and Finish Schedule: The schedule will denote the manufacturer, model number, color, and finish of all proposed improvements. 3. Grading & Drainage Plans: Based on the approved CUP drawings, prepare 100% construction documents for permit processing. Plans will include onsite precise grading and utility plans, retaining wall plan and profile, and erosion control. Task includes field verification of existing storm drain inverts at point of connection and updated cut/fill quantities including stockpiled soil. 4. Technical Reports: prepare a Drainage Study and PDP Storm Water Quality Management Plan (SWQMP). The Drainage Study will analyze the 100-year storm event and will illustrate that the storm event is safely conveyed through the proposed project. The SWQMP will be prepared in accordance with the City of Carlsbad BMP Design Manual and will document post-construction BMP sizing and design. SWQMP will address hydromodification and pollutant control BMPs. Process the Drainage Study and SWQMP for approval through the permitting process. 5. Electrical Plans: Provide lighting design including branch circuiting, and fixture selection, details. Photometric calculations will be confirmed and adjusted based on final design parameters of the dog park. Single line diagram, panel schedules and branch circuiting as well as details will be completed. Conduit systems shall be designed for CCTV cameras or other systems with the direction of the City. Hardware and cabling will be provided by the City. Electrical book specifications in CSI format will be prepared. Title 24 Calculations and Compliance Forms will be completed. 6. Landscape Plans and Details: Plans will indicate the locations, sizes, and species of all landscape materials. Details will be provided or reference appropriate City standards. City Attorney Approved Version 1/30/13 3 " • 7. Irrigation Plans and Details: Plans will consist of a listing of irrigation system components including irrigation heads, valves, and smart controllers (manufacturer and equipment model numbers). The irrigation sj stem will be designed to meet local water conservation requirements. Details will be pro·✓ided or will reference appropriate City standards. 8. Cost Estimation: Prepare a mugh order of magnitude cost estimate based on the construction document plans and specifications. 9. Specifications: Technical specifications will be prepared using CSI formatted sections. 10. Submittals: Provide a 100% C )nstruction Document package for submittal. It is assumed the 100% submittal wi!I consti '.Jte the first permit submittal to the City. 11. Meetings: One (1) meeting to~ ii; attended by two (2) SDG staff. TASK 2 -PERMITTING 1. Permit Processing: Plans wil f-,e revised per City and Esgil comments. Plans will be provided to City Park & Recreation fc: processing through the various City departments. A total of two (2) revision cycles are i: icluded in this scope of work. ~,CHEDULE OF FEES r SDG will provide monthly invoices sut(foiently detailed to include work completed and costs for approval by City. All tasks will be billed on a tim,:-and-materials basis in accordance with the attached SDG 2020 Standard Schedule of Charges. Any ::. Jditional services required or requested shall be negotiated prior to commencement of work. ITEM NO. DESCRIPTION PRICE ·•· 1 Construction Oucuments $21,695.00 2 Permitting (T&_~l) Not to Exceed Amount $ 5,805.00 3 Reimbursabl£ _··::xpenses (Estimate) $ 1,500.00 TOTAL $29,000.00 A. Additional Services Hourly Bi:ling Rates Fees will be charged for tecl~riical work, consultation, and additional services. Charges will be made for typing, as in the p.·;,paration of reports, and for time and costs of printing. No direct charges will be made for nor·: al secretarial services, office management, or general accounting. Hourly Rates Principal Landscape Archi': 0tiPresident.. .............................................. $225/hour City Attorney Approved Version 1/30/13 4 , Principal Landscape Architei:;t. ................................................................ $185/hour Senior Associate Landscape Architect ........................................................ $155/hour Associate Landscape Architect .............................................................. $140/hour Senior Project Manager/Licensed Land!:,cape Architect. ......................... $120/hour Project Manager ...................................................................................... $95/hour Landscape Designer ................................................................................. $85/hour Landscape Drafter ................................................................................... $75/hour Clerical/Typist ...................................................................................... $65/hour B. ReimbL~rsable Expenses It is assumed that all deliverable rei::-, ,ductions will be printed by the City's preferred reprographics company. Ancillary reimbursable e, Jenses will be billed at cost. In-house plotting will be charged between $.75 and $7.75 per squa .-foot depending on color and paper type. C. Mileage & Travel Mileage in the interest of the cliE ,twill be charged at the current GSA Mileage Reimbursement Rates. Time spent in travel in tt,) interest of the client will be charged at hourly rates. A minimum of one (1) hour will be charged f x any site visit. ASS!;MPTIONS AND EXCLUSIONS This proposal has been preparec, with the following assumptions and exclusions: A. All application and su:.1:nittal fees will be paid by the City. B. A geotechnical repo 1. including infiltration rates, will be provided by the City. C. Structural engineerinJ will be contracted separately by the City. D. The City will provide a topographic survey to the design team. Surveying is excluded. E. Designing to LEED or ::'ITES standards and/or associated documentation is excluded. F. Staking during constr .. ction is excluded. G. Construction admini~tration services are excluded. H. Attendance at any a ::ditional meetings not already identified in the scope above will be considered addition<'li. Additional meetings will be billed on a time and materials basis. I. Additional submitta:.,; nqt specifically outlined in this scope of work will be considered additional service'.·, J. Sports lighting is e:\'luded. K. All shade structur, •. ")'ill be prefabricated or pre-manufactured. L. Value engineering , ~er the 100% construction document submittal is excluded. M. Environmental serv, ;es and documentation are excluded. N. Design beyond th: limits of the CUP boundary are excluded. City Attorney Approved Version 1/30/13 5 ACORD9 CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/00/YYYY) ~ 12/22/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NA~i~"T Certificate Department Cavignac & Associates l',.~~~~ e-"· 619-744-0574 J rie~ Nol: 619-234-8601 450 B Street, Suite 1800 E-MAIL certificates@lcavionac.com San Diego CA 92101 ADORE:""' INSURER(S) AFFORDING COVERAGE NAJC# INSURER A: Travelers Property Casualty Company of America 25674 INSURED SCHMDES-01 INSURER a: XL Soecialtv Company 37885 Schmidt Design Group INSURER C : 1310 Rosecrans Street, Suite G San Diego, CA 92106 INSURERD: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 932654008 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 'NITH 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 ADDL SUBR '~~Jilt~, POLICY EXP LIMITS LTR ,,.,~n l un.n POLICY NUMBER IMM/00/YYYYI A,.._ X COMMERCIAL GENERAL LIABILITY -y 6805H959099 1/1'2020 1/1/2021 EACH OCCURRENCE $2,000,000 '-0 CLAIMS-MADE 0 OCCUR ~~~c~ES CE~~~ncel '-$1,000,000 X Contractual LIab MED EXP (Any one person) $10,000 X -Cross Liab PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 Fl POLICY 0 ~r8r □ Loc PRODUCTS • COMP/OP AGG $4,000,000 OTHER: Deductible $0 A AUTOMOBILE LIABILITY BA5G389226 1/1/2020 1/1/2021 hOMBINED SINGLE LIMIT $ 1 """""" '-Ea accident! X ANY AUTO BODILY INJURY (Per person) $ '-ALL OWNED ~ SCHEDULED BODILY INJURY (Per acodent) $ -AUTOS -AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS fPArAm ""'1tl '-'- $ A X UMBRELLA LIAS M OCCUR CUP6G528554 1/1/2020 111/2021 EACH OCCURRENCE S 1,000,000 -EXCESS LIAS CLAIMS-MADE AGGREGATE $1,000,000 OED J X I RETENTIONS n s A WORKERS COMPENSATION UBOJ495455 1/1'2020 1/1/2021 X I ~f~TUTE I I ~~H-AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE □ NI A E.L. EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 ~~i1~rm~ ~f~PERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 B Professional Liability DPR9953210 1/1/2020 111/2021 Ea Claim & Aggr Limit $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Re: Landscape Architectural Services. Additional Insured coverage applies to General Liability for City of Carlsbad per policy form. Primary and Non-Contribu1ory coverage applies to General Liability per policy form. Excess/Umbrella policy follows form over underlying policies: General Liability, Auto Liability & Employers Liability (additional insured and waiver of subrogation apply). 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 City of Carlsbad 799 Pine Avenue, Suite 200 Carlsbad CA 92008 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTiiORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD V ✓ ,/ GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 680-SH959099-20-47 ISSUE DATE: 09/10/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) -ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II -WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONALINSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE", PERSONAL INJURY OR "ADVERTISING INJURY" CAUSED, IN WHOLE OR IN PART, BY: 1. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF; IN THE PERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONAL INSURED(S) AT THE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY: CG TS 01 01 20 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 680-SH959099-20-47 ISSUE DATE: 09/10/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) -ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THIS INSURED DOES NOT APPLY TO "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURRING, OR "PERSONAL INJURY" OR "ADVERTISING INJURY" ARISING OUT OF AN OFFENSE COMMITTED, AFTER: 1. ALL WORK, INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN CONNECTION WITH SUCH WORK, ON THE PROJECT (OTHER THAN SERVICE, MAINTENANCE OR REPAIRS) TO BE PERFORMED BY OR ON BEHALF OF THE ADDITIONAL INSURED(S) AT THE LOCATION OF THE COVERED OPERATIONS HAS BEEN COMPLETED; OR 2. THAT PORTION OF "YOUR WORK" OUT OF WHICH THE INJURY OR DAMAGE ARISES HAS BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHER THAN ANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR A PRINCIPAL AS A PART OF THE SAME PROJECT. CG D3 610305 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG TS 01 01 20 Page 2 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 680-SH959099-20-47 ISSUE DATE: 09/10/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) -ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or "property damage" occurs. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS:Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II -WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE" CAUSED, IN WHOLE OR IN PART, BY "YOUR WORK" AT THE LOCATION DESIGNATED AND DESCRIBED IN THE SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR THAT ADDITIONAL INSURED AND INCLUDED IN THE "PRODUCTS-COMPLETED OPERATIONS HAZARD". CG 20 37 07 04 Copyright ISO Properties, Inc. 2004 CG TS 02 01 20 Page 1 of 1 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an 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 insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1000219 Includes copyrighted material of Insurance Services Office, Inc. with its permission. occupational therapist or occupational therapy assistant, physical therapist or speech-language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" ansIng out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II - Who Is An Insured. K. MEDICAL PAYMENTS-INCREASED LIMIT The following replaces Paragraph 7. of SECTION Ill -LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION -PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. CG DJ 79 0219 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR LANDSCAPE ARCHITECTURAL DESIGN SERVICES FOR A DOG PARK SCHMIDT DESIGN GROUP, INC. _,Jhis Amendment No. 1 is ~n9ered into and effective as of the / /th day of '-:,,. ) 1 ,t A o , 20 , extending and amending the agreement dated June 12, 2018 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Schmidt Design Group, Inc., ("Contractor") (collectively, the "Parties") for landscape architectural design services. RECITALS A. The Parties desire to alter the Agreement's scope of work to provide additional design services for a dog park at Poinsettia Community Park; and B. The Parties desire to extend the Agreement for a period of one year; and C. 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 annual Agreement amount shall not exceed six thousand dollars ($6,000.00). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed six thousand dollars ($6,000.00). 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 c;omplete all work described in Exhibit "A" by June 12, 2020. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version 1 /30/13 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR By:n ~ (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Chef Ma er or Department Director as authorized by the City Manager ATTEST: ~ ivrDecAP-K ·nlJn~ ~ARBARA ENGLESON U--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 City Attorney Approved Version 1 /30/13 2 EXHIBIT "A" SCOPE OF SERVICES AND FEE Schmidt Design Group, Inc. will provide additional landscape architectural services for the Poinsettia Community Park Dog Park. Task 1 -Conditional Use Permit Plans and Graphic Revisions Revise and update the Conditional Use Permit plans (CUP), visual simulation, and Parks Master Plan graphics to show turf, instead of bark mulch, inside the proposed dog park; and revise the CUP documents to update the grading design, earthwork calculations, and conceptual grading plan to reduce the required soil import to achieve the proposed design. Task 2 -Irrigation Design for Dog Park Additional work required for irrigation design due to the addition of turf inside the dog park. Task 3 -Additional Services Additional services, as needed and approved by the City, according to the hourly rates for such work as agreed to by the City and Contractor. FEE SCHEDULE Total Amendment amount shall not exceed six thousand dollars ($6,000). TASK NO. TASK DESCRIPTION ESTIMATED PRICE 1 Conditional Use Permit Plans and Graphic Revisions $2,500.00 2 Irrigation Design for Dog Park $1,500.00 SUB-TOTAL (Tasks 1 and 2) $4,000.00 3 Additional Services, as needed and approved by the City $2,000.00 TOTAL $6,000.00 City Attorney Approved Version 1/30/13 3 ACORDe CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 3/10/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~i~cT Certificate Deoartment Cavignac & Associates r.~~N.t ~-•· 619-744-0574 I FAX 450 B Street, Suite 1800 IA/C Nol: 619-234-8601 San Diego CA 92101 ~~D~~ss: certificates@cavianac.com INSURER/SI AFFORDING COVERAGE NAIC# > INSURER A: Travelers Prooertv & Casualtv Comoanv of America 25674 ~ INSURED SCHMDES-01 INSURER B: XL Soecialtv Comoanv 37885 '(' Schmidt Design Group INSURERC: 1310 Rosecrans Street, Suite G San Diego, CA 92106 INSURER D: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· 1806817823 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 ADDL SUBR ,:~hl5~, ,~~ii~, LTR , .. ~~ ····~ POLICY NUMBER LIMITS A X COMMERCIAL GENERAL LIABILITY y 6805H959099 1/1/2019 1/1/2020 EACH OCCURRENCE $2,000,000 ~ □ CLAIMS-MADE 0 OCCUR ~~~~~iJ9E~~~~ence\ / $1,000,000 X Contractual L1ab / MED EXP (Any one person) $10,000 ~ X Cross Liab PERSONAL & ADV INJURY $2,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 l [8JPRO-DLoc PRODUCTS -COMP/OP AGG $4,000,000 POLICY JECT OTHER: Deductible $0 A AUTOMOBILE LIABILITY BA5G389226 1/1/2019 1/1/2020 COMBINED SINGLE LIMIT (Ea accident\ $1000000 -X ANY AUTO BODILY INJURY (Per person) $ --ALL OWNED SCHEDULED AUTOS AUTOS BODIL y INJURY (Per accident) $ --NON-OWNED rp~?~<i~cie~t~AMAGE X HIRED AUTOS X AUTOS $ -$ A X UMBRELLA LIAB M OCCUR CUP6G528554 1/1/2019 1/1/2020 EACH OCCURRENCE $1,000,000 ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 OED I X I RETENTION $ n $ A WORKERS COMPENSATION UBOJ495455 1/1/2019 1/1/2020 X T ~-\%uTE T TOTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 ~~i~~ftf~~ 'g'f'5PERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 8 Professional Liability DPR9935728 1/1/2019 1/1/2020 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: Landscape Architectural 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. Excess/Umbrella policy follows form over underlying policies: General Liability, Auto Liability & Employers Liability (additional insured and waiver of subrogation apply). 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 City of Carlsbad 799 Pine Avenue, Suite 200 Carlsbad CA 92008 J CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ( I ' © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD J / / GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 680SH959099 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD425 (07-08) -OTHER INSURANCE ADDITIONAL INSUREDS PRIMARY AND NONCONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE -ADDITIONAL INSUREDS -PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4. a., Primary Insurance, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you specifically agree in a written contract or agreement that the insurance afforded to an additional 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 will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought is caused by an "occurrence" that takes place; and (2) The "personal injury" or "advertising injury" for which coverage is sought arises out of an offense that is committed;subsequent to the signing and execution of that contract or agreement by you. CG D4 25 07 08 2008 The Travelers Companies, Inc. CG TS 01 12 18 Page 1 of 1 GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 6805H959099 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2404 (10-93) -WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that you have agreed in a written contract or agreement to waive your right of recovery against, but only for payments we make because of: 1."Bodily injury" or "property damage" that occurs; or 2."Personal injury" or "advertising injury" caused by an offense committed; after you have executed that contract or agreement. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV-COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazards." This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 CG TS 02 12 18 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 6805H959099 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2404 (10-93) -WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 CG TS 02 12 18 Page 2 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 6805H959099 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) -ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed and executed by you before, and is in effect when, the "bodily injury or "property damage" occurs. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS:Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II -WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE" CAUSED, IN WHOLE OR IN PART, BY "YOUR WORK" AT THE LOCATION DESIGNATED AND DESCRIBED IN THE SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR THAT ADDITIONAL INSURED AND INCLUDED IN THE "PRODUCTS-COMPLETED OPERATIONS HAZARD". CG 20 37 07 04 CG TS 04 12 18 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 6805H959099 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) -ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: Copyright ISO Properties, Inc. 2004 CG TS 04 12 18 Page 2 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 6805H959099 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) -ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed and executed by you before.and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II -WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONALINSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE", PERSONAL INJURY OR "ADVERTISING INJURY" CAUSED, IN WHOLE OR IN PART, BY: 1. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF; IN THE PERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONAL INSURED(S) AT THE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, CG TS 03 12 18 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 6805H959099 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) -ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THE FOLLOWING ADDITIONAL EXCLUSIONS APPL Y:THIS INSURED DOES NOT APPLY TO "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURRING, OR "PERSONAL INJURY" OR "ADVERTISING INJURY" ARISING OUT OF AN OFFENSE COMMITTED, AFTER: 1. ALL WORK, INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN CONNECTION WITH SUCH WORK, ON THE PROJECT (OTHER THAN SERVICE, MAINTENANCE OR REPAIRS) TO BE PERFORMED BY OR ON BEHALF OF THE ADDITIONAL INSURED(S) AT THE LOCATION OF THE COVERED OPERATIONS HAS BEEN COMPLETED; OR 2. THAT PORTION OF ''YOUR WORK" OUT OF WHICH THE INJURY OR DAMAGE ARISES HAS BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHER THAN ANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR A PRINCIPAL AS A PART OF THE SAME PROJECT. CG D3 610305 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG TS 03 12 18 Page 2 of 2 AGREEMENT FOR LANDSCAPE ARCHITECTURAL DESIGN SERVICES FOR A DOG PARK SCHMIDT DESIGN GROUP, INC. THIS AGREEMENT is made and entered into as of the / ;}f/J day of 0i ,,LO e,_ , 20__&, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Schmidt Design Group, Inc., a corporation, ("Contractor"). RECITALS A. City requires the professional services of a landscape architecture firm that is experienced in architectural design services. B. Contractor has the necessary experience in providing professional services to develop schematic and design development documents for a dog park at Poinsettia Community Park. 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 b·y reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for an additional one-year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed thirty-five thousand dollars ($35,000.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000.00) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 9/27/17 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 9/27/17 2 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 9/27/17 3 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. II II II II City Attorney Approved Version 9/27/17 4 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Kyle Lancaster Title Parks Services Manager Department Parks & Recreation City of Carlsbad Address 799 Pine Avenue, Suite 200 Carlsbad.CA 92008 Phone No. 760-434-2941 For Contractor Name Jeffery T. Barr Title Principal 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 categories. Yes~ NoD 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Attorney Approved Version 9/27/17 5 City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in re·ckless 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 9/27/17 6 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. II II II II II II II II II II II II II II II II 7 City Attorney Approved Version 9/27/17 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 By~ /e,r__~c ecr~ (print nlrne/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: City Man g o or or Division Director as authorized by the City Manager ATTEST: \ 1~ /2,rtlc~~ BARBARA ENGLESON V 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:__,__~----- Assi~tBflt City Attorney ~ City Attorney Approved Version 9/27/17 8 EXHIBIT "A" Schmidt Design Group, Inc. (SDG) will develop schematic and design development documents for a dog park at Poinsettia Community Park in an area generally located west of the main park entrance on Hidden Valley Road. This scope includes Project Start Up, Schematic Design and Conditional Use Permit (C.U.P.) Phase, and Design Development Plans. SCOPE OF SERVICES A. Project Start Up 1. SURVEY: Perform a field survey to supplement available as-builts and CAD files and confirm accurate information is provided for the work area. Using field topography methods, prepare topographic survey of the areas of work around the proposed dog park site, including grades, utilities, fencing, and trees. Perform precise field survey of the adjacent sidewalk and the accessible route to determine compliance with ADA requirements. Task includes establishing horizontal and vertical control. The deliverable will be a 10-scale digital base map showing spot elevations, contours, and all existing surface and underground features identified by record drawings and field survey. B. Schematic Design & Conditional Use Permit (C.U.P.) 1. KICK-OFF MEETING: The design team will hold a kick-off meeting with City staff and key members from various City departments to further define the goals and objectives . for the project. The proposed project schedule will be evaluated and refined based on City staff feedback. Protocol for team communication will be outlined to ensure efficient channels of communication throughout the duration of the project. 2. PROJECT MANAGEMENT AND COORDINATION: After any meeting with the City, we will prepare meeting minutes and submit them to the City within five (5) business days. We will conduct project management activities to keep the project on-time and on- budget and notify the City of any issues that may impact the schedule or budget. Additional meetings can be approved subject to written authorization from the City. 3. PREFERRED SCHEMATIC PLAN: A preferred design will be developed for the dog park. The plan will reflect the preferred arrangement of dog park program elements, planting palette, shade structure(s), and site grading. Deliverable: Color rendered Schematic Park Plan. 4. PRELIMINARY GRADING: The design team's Civil Engineer will prepare a preliminary grading study which corresponds with the proposed improvements. This will also address conceptual site drainage, water quality treatment, and preliminary earth work calculations. Deliverable: Preliminary grading plan with contours and preliminary earthwork quantities. 5. PRELIMINARY LIGHTING: The design team's Electrical Engineer will work with the team to select appropriate light fixtures. Conceptual lighting layouts will also be incorporated into the preferred Schematic Plan. Deliverable: Preliminary lighting to be reflected in the schematic plan. City Attorney Approved Version 9/27/17 9 6. VISUAL SIMULATIONS: A series of two (2) simulations will be prepared to illustrate the proposed schematic design. It is anticipated that one (1) bird-eye and one (1) ground level view will be provided. Views will be approved by the City prior to simulation development. One (1) round of minor revisions is included. 7. PROJECT SCHEDULE VALIDATION: A comprehensive project schedule will be prepared in Microsoft Project and utilized throughout the duration of the project. We will continually evaluate the progress of the project as it relates to the overall project schedule. We will provide the City's project manager with status updates at regular intervals. Deliverable: Project Schedule in MS Project format 8. CITY/CONSULTANT PROGRESS MEETINGS: We anticipate a total of three (3) meetings with City staff throughout the schematic design and C.U.P. phase. 9. ESTIMATE OF PROBABLE COSTS OF CONSTRUCTION: An estimate of probable cost of construction will be developed that addresses the proposed schematic design improvements and submitted to the City for review. Deliverable: Cost estimation in PDF format. 10. DESIGN REFINEMENTS: The design team will make refinements to the schematic design package based on feedback received by City staff. A total of one (1) round of review and revision is anticipated, schedule permitting. 11. FINAL PRESENTATION: The design team will present the final schematic design to City staff to obtain final approval. 12. CONDITIONAL USE PERMIT: Based on the approved schematic design, a C.U.P. submittal package including a site plan and conceptual landscape plan will be prepared in accordance with the City of Carlsbad Development Permit Form P-2. In addition, SDG will support the City in preparing the "Land Use Review Application (form P-1 )" and "Standard Project Requirement Checklist (form E-36)" if necessary. All C.U.P. processing is anticipated to be performed by City staff. c. Design Development The Design Development (DD) package will include plans, outline specifications, and updated estimate of probable construction costs in City-approved format. 1. TITLE SHEET: A title sheet will be prepared for the design development plans. 2. DEMOLITION PLAN: Plans will be developed to demolish existing improvements that are intended to be removed prior to construction. Special site features to remain will also be noted. 3. GRADING AND DRAINAGE PLANS: The team's civil engineering consultant will develop preliminary site grading, wet utility, and drainage plans for the dog park. Major utilities will be routed and coordinated with other disciplines. 4. LANDSCAPE CONSTRUCTION PLANS: Per approved C.U.P. package, we will prepare DD level drawings for hardscape improvements, fencing, shade structures, and site furnishings. City Attorney Approved Version 9/27/17 10 5. LANDSCAPE CONSTRUCTION MATERIALS: Materials will be identified including, but not limited to, decorative paving, mow strips, seat walls, fencing, shade structures, dog obstacle course, and site furnishings (benches, picnic tables, trash receptacles, drinking fountains, etc.). It is assumed that the equipment and materials proposed for the previously proposed dog park at Poinsettia Community Park will be utilized in the design of the new location. 6. DETAILS: Design development (DD) details will be provided for proposed improvements. Details will be custom and project specific or reference regionally accepted standards. 7. LANDSCAPE PLANTING PLANS: Per the approved C.U.P. package, we will prepare DD level drawings for the placement of trees, shrubs, grasses, and groundcovers and identify proposed plant species in a legend. 8. IRRIGATION PLANS: DD level irrigation plans will be developed and 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. Deliverable: 24''x36" black and white plan submittal package. 9. OUTLINE SPECIFICATIONS: We will provide the list of technical CSI specifications sections to be included in the project specifications. Contractual front-end specifications language is excluded. Deliverable: Outline specifications. 10. ESTIMATE OF PROBABLE CONSTRUCTION COSTS: Estimate will be updated to reflect any changes in cost resulting from design, materials, or quantity changes. Deliverable: Excel-based cost estimate. 11. CLIENT/CONSUL TANT PROGRESS MEETINGS: A total of one (1) meeting is included during the design development phase. We anticipate the coordination meeting will allow the design team to meet with City staff to receive clarifications and direction. SCHEDULE OF FEES The following fees are proposed for the scope of work outlined above. Total Agreement amount shall not exceed thirty-five thousand dollars ($35,000.00). ITEM DESCRIPTION PRICE NO. 1 Project Start Up (Fixed Fee) $3,300.00 2 Schematic Design & Conditional Use Permit $12,700.00 (Fixed Fee) 3 Desiqn Development Plans (Fixed Fee) $17,950.00 4 Reimbursable Expenses (Estimate) $1,000.00 TOTAL $34,950.00 City Attorney Approved Version 9/27/17 11 A. 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 ArchitecUPresident. ................................................................... $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 8. 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. C. Mileage & 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 (1) hour will be charged for any site visit. ASSUMPTIONS AND EXCLUSIONS 1. Meetings in excess of those enumerated above will be considered additional services. 2. We will provide recommendations for readily available site furniture. Custom furniture design is excluded. 3. Perspective drawings, 3-D renderings, visual studies, scale models of mockups, or samples are excluded and can be provided as an additional service. 4. Extensive value engineering after C.U.P. approval. 5. Modifications to the scope of project or services. 6. Environmental review and/or documentation. 7. Electrical and lighting design is excluded. 8. Construction document level drawings are excluded. 9. Bidding and construction administration services are excluded. 10. Plan submittals and internal plan distribution will be managed by Parks & Rec. 11. Plan permitting to the City of Carlsbad and EsGil is excluded. 12. Full length technical specifications are excluded. 13. Boundary survey is excluded. 14. Hydrology/hydraulics study is excluded. 15. The project will be less than one (1) acre in size, therefore a Storm Water Pollution Prevention Plan (SWPPP) will not be required. 16. The project will not be a Priority Development Project, therefore a Storm Water Quality Management Plan will not be required. City Attorney Approved Version 9/27/17 12 17. Investigation of existing conditions that are hidden or concealed, including below grade utilities are excluded. Any existing condition that will require destructive testing to determine the existing conditions is not included. The design team cannot assume any responsibility of these "concealed" conditions or below grade conditions. City Attorney Approved Version 9/27/17 13 ACORD@ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 12/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2:~~cT Certificate Deoartment Cavignac & Associates f.,~g\En .,.,.,. 619-744-0574 PAX 450 B Street, Suite 1800 iAJC Nol: 619-234-8601 San Diego CA 92101 ~t1lJ~ss: certificatesta>cavianac.com INSURER/SI AFFORDING COVERAGE NAIC# INSURER A: Travelers Prooertv & Casualtv Comoanv of America 25674 INSURED SCHMDES-01 INSURER B : XL Soecialtv Comoanv 37885 Schmidt Design Group INSURERC: 1111 6th Avenue, Suite 500 San Diego, CA 92101 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 641108072 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 ADDL SUBR ,&~~J5~~1 /~~~J5~, LTR TYPE OF INSURANCE ,.,c:n W\/n POLICY NUMBER LIMITS A X COMMERCIAL GENERAL LIABILITY y 6805H959099 1/1/2018 1/1/2019 EACH OCCURRENCE $2,000,000 1 CLAIMS-MADE 0 OCCUR ~~~j~U9E~~~~~~ence\ $1,000,000 MED EXP (Any one person) $10,000 - PERSONAL & ADV INJURY $2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $4,000,000 ~ [K]PRO-DLOC PRODUCTS -COMP/OP AGG $4,000,000 POLICY JECT OTHER Deductible $0 A AUTOMOBILE LIABILITY BASG389226 1/1/2018 1/1/2019 fE~~~~~~~llNGLE LIMIT $1000000 ,/ - X ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ -AUTOS f--AUTOS X X NON-OWNED ;p~~~,;~d~t?AMAGE $ HIRED AUTOS AUTOS -f--$ A X UMBRELLA LIAB M OCCUR CUP6G528554 1/1/2018 1/1/2019 EACH OCCURRENCE $1,000,000 - EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 OED I X I RETENTION $ n $ A WORKERS COMPENSATION UBOJ495455 1/1/2018 1/1/2019 X I ~ffTuTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N I ANY PROPRIETOR/PARTNER/EXECUTIVE D E L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E L DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E L. DISEASE -POLICY LIMIT $1,000,000 B Professional Liability DPR9920207 1/1/2018 1/1/2019 Ea Claim & Aggr Limit $2,000,000 ./ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space ls required) Re: Landscape Architectural 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 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad 799 Pine Avenue, Suite 200 AUTHORIZED REPRESENTATIVE Carlsbad CA 92008 ft• I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD /Policy Number: 6805H959099 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section Ill - Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional 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 available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG DJ 810915 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Policy Number: 6805H959099 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG DJ 810915 Includes the copyrighted material of Insurance Services Office, Inc., with its permission