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HomeMy WebLinkAboutSchneiderCM Inc; 2016-09-29; TRAN1478TRAN1478 City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 18 PROJECT NO. 4725/6608 This eighteenth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between SCHNEIDER CM, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management & Inspection in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated Aug. 27, 2020, (“proposal”), attached as Appendix "A" for the Construction Management & Inspection Services for City Hall Exterior Safety And Accessibility Improvements Close Out & Punch List, (the “Project"). The Project services shall include Close Out and Punch List for City Hall Exterior Safety and Accessibility Improvements. 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within one (1) working day after receiving this fully executed document and a City Purchase Order. Contractor shall complete all work by September 28, 2020. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3.FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared byContractor and reviewed by City, shows the parties’ intent as to the elements, scope andextent of the task groups. Contractor acknowledges that performance of any and all tasksby the Contractor constitutes acknowledgment by Contractor that such tasks are thosedefined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $27,695. DocuSign Envelope ID: 898F4885-72D8-4221-AF70-9EB2317CA9A3 September 16, 2020 TRAN1478 City Attorney Approved Version 7/19/17 2 4. 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 898F4885-72D8-4221-AF70-9EB2317CA9A3 TRAN1478 City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR CITY HALL EXTERIOR SAFETY AND ACCESSIBILITY IMPROVEMENTS CLOSE OUT & PUNCH LIST TASK GROUP TIME & MATERIALS Construction Manager (191 hours @ $145/hour) $27,695 TOTAL (Not-to-Exceed) $27,695 CONTRACTOR Schneider CM, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Carl Schneider, President, CEO & Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 898F4885-72D8-4221-AF70-9EB2317CA9A3 September 16, 2020 7459 Circulo Sequoia Carlsbad, CA 92009 Tel: 619-905-5522 Fax: 888-638-1504 Exceeding your Project, Construction Management, and Consulting needs 27 August 2020 Attn: Emily Hasegawa, P.E. Municipal Projects Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Subject: Contract Amendment Request for CM Services on City Hall Exterior Safety & Accessibility Improvements Project, PO #137959 Dear Emily, Per your request, to facilitate the completion of the punch list and closeout for the City Hall Exterior Safety & Accessibility Improvements project), we are requesting an additional 191 hours for related CM services for our PO #137959 for CM services. This equates to an additional +$27,695, and are requesting an amendment to the PO for that amount. This is calculated as full time from now until the end of September. The scope of work remains the same as the tasks outlined in the original contract. The costs are broken down as follows: •Construction Manager: 191 hours at $145/hr = $27,695 Thank you for your consideration. Please contact me on 619-905-5522 if there are any questions or clarifications needed. Yours Sincerely, Carl Schneider CEO, SchneiderCM, Inc. TRAN1478 - Task No. 18 Appendix "A" DocuSign Envelope ID: 898F4885-72D8-4221-AF70-9EB2317CA9A3 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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. 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/1/2020 License # 0E67768 (858) 754-0071 13056 SchneiderCM, Inc. 7459 Circulo Sequoia Carlsbad, CA 92009 20443 A 2,000,000 X PSB0001593 7/1/2020 7/1/2021 1,000,000 Cont Liab/Sev of Int 10,000 2,000,000 4,000,000 4,000,000 Deductible 0 2,000,000A PSB0001593 7/1/2020 7/1/2021 No Co. Owned Autos A PSW0001591 7/1/2020 7/1/2021 1,000,000 1,000,000 1,000,000 B Prof Liab/Clms Made MCH591889923 7/1/2020 Per Claim 2,000,000 B Ded.: $10K Per Claim MCH591889923 7/1/2020 7/1/2021 Aggregate 4,000,000 Re: Library Renovations Project- Construction Management Services, CIP NO. 40201 & 40301 City of Carlsbad it's officers, agents, employees, and volunteers are Additional Insureds on a Primary and Non-Contributory basis with respect to General Liability as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD 1635 Faraday Avenue Carlsbad, CA 92008 SCHNINC-02 GOMEZB IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 Elizabeth Tenuto Elizabeth.Tenuto@ioausa.com RLI Insurance Company Continental Casualty Company X 7/1/2021 X X X X X X X TRAN1478 City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 17 PROJECT NO. 4725 & 6608 This seventeenth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between SCHNEIDER CM, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management and Inspection Services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated July 31, 2020, (“proposal”), attached as Appendix "A" for the Construction Management and Inspection Services for City Hall Exterior Safety and Accessibility Improvements Close Out Phase, (the “Project"). The Project services shall include completion of the punch list and closeout for the City Hall Exterior Safety & Accessibility Improvements project. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within twenty (20) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $17,980. DocuSign Envelope ID: 5CBE0EEA-0C56-489C-BC1A-8CCA8E5C19AF August 6, 2020 TRAN1478 City Attorney Approved Version 7/19/17 2 4. 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 5CBE0EEA-0C56-489C-BC1A-8CCA8E5C19AF TRAN1478 City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR CITY HALL EXTERIOR SAFETY & ACCESSIBILITY IMPROVEMENTS CLOSE OUT PHASE TASK GROUP TIME & MATERIALS Construction Manager (124 hours @ $145/hour) $17,980 TOTAL (Not-to-Exceed) $17,980 CONTRACTOR Schneider CM, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Carl Schneider, President, CEO & Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 5CBE0EEA-0C56-489C-BC1A-8CCA8E5C19AF August 6, 2020 7459 Circulo Sequoia Carlsbad, CA 92009 Tel: 619-905-5522 Fax: 888-638-1504 Exceeding your Project, Construction Management, and Consulting needs 31 July 2020 Attn: Emily Hasegawa, P.E. Municipal Projects Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Subject: Contract Amendment Request for CM Services on City Hall Exterior Safety & Accessibility Improvements Project, PO #137959 Dear Emily, Per your request, to facilitate the completion of the punch list and closeout for the City Hall Exterior Safety & Accessibility Improvements project), we are requesting an additional 124 hours for related CM services for our PO #137959 for CM services. This equates to an additional +$17,980, and are requesting an amendment to the PO for that amount. This is calculated as full time through mid-August and part time through the end of August. The scope of work remains the same as the tasks outlined in the original contract. The costs are broken down as follows: •Construction Manager: 124 hours at $145/hr = $17,980 Thank you for your consideration. Please contact me on 619-905-5522 if there are any questions or clarifications needed. Yours Sincerely, Carl Schneider CEO, SchneiderCM, Inc. TRAN1478 Task No. 17 Appendix "A" DocuSign Envelope ID: 5CBE0EEA-0C56-489C-BC1A-8CCA8E5C19AF ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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. 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/1/2020 License # 0E67768 (858) 754-0071 13056 SchneiderCM, Inc. 7459 Circulo Sequoia Carlsbad, CA 92009 20443 A 2,000,000 X PSB0001593 7/1/2020 7/1/2021 1,000,000 Cont Liab/Sev of Int 10,000 2,000,000 4,000,000 4,000,000 Deductible 0 2,000,000A PSB0001593 7/1/2020 7/1/2021 No Co. Owned Autos A PSW0001591 7/1/2020 7/1/2021 1,000,000 1,000,000 1,000,000 B Prof Liab/Clms Made MCH591889923 7/1/2020 Per Claim 2,000,000 B Ded.: $10K Per Claim MCH591889923 7/1/2020 7/1/2021 Aggregate 4,000,000 Re: Library Renovations Project- Construction Management Services, CIP NO. 40201 & 40301 City of Carlsbad it's officers, agents, employees, and volunteers are Additional Insureds on a Primary and Non-Contributory basis with respect to General Liability as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD 1635 Faraday Avenue Carlsbad, CA 92008 SCHNINC-02 GOMEZB IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 Elizabeth Tenuto Elizabeth.Tenuto@ioausa.com RLI Insurance Company Continental Casualty Company X 7/1/2021 X X X X X X X TRAN1478 City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 16 PROJECT NO. 4725 & 6608 This sixteenth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between SCHNEIDERCM INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management and Inspection Services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated April 16, 2020, (“proposal”), attached as Appendix "A" for the Construction Management and Inspection Services for Carlsbad City Hall Exterior Safety & Accessibility Improvements, (the “Project"). The Project services shall include Construction Management and Inspection Services for City Hall Exterior Safety & Accessibility Improvements. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within thirty (30) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $26,100. DocuSign Envelope ID: BF8F067E-1BE6-405E-85EB-469110862C69 April 29, 2020 TRAN1478 City Attorney Approved Version 7/19/17 2 4. 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: BF8F067E-1BE6-405E-85EB-469110862C69 TRAN1478 City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR CITY HALL EXTERIOR SAFETY & ACCESSIBILITY IMPROVEMENTS TASK GROUP TIME & MATERIALS Construction Manager- 180 hours at $145/hr $26,100 TOTAL (Not-to-Exceed) $26,100 CONTRACTOR SCHNEIDERCM INC., a California corporation SCHNEIDERCM INC., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Carl Schneider, CEO Carl Schneider, CFO (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez, Deputy City Manager Public Works as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: BF8F067E-1BE6-405E-85EB-469110862C69 April 29, 2020 7459 Circulo Sequoia Carlsbad, CA 92009 Tel: 619-905-5522 Fax: 888-638-1504 Exceeding your Project, Construction Management, and Consulting needs 16 April 2020 Attn: Emily Hasegawa, P.E. Municipal Projects Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Subject: Contract Amendment Request for CM Services on City Hall Exterior Safety & Accessibility Improvements Project, PO #137959 Dear Emily, Due to the contractor’s construction contract for the City Hall Exterior Safety & Accessibility Improvements project’s duration being extended contractually by +39 working days (312 hours), we are also requesting an additional 180 hours for related CM services for our PO #137959 for CM services. This equates to an additional +$26,100, and are requesting an amendment to the PO for that amount. The scope of work remains the same as the tasks outlined in the original contract. The costs are broken down as follows: •Construction Manager: 180 hours at $145/hr = $26,100 Thank you for your consideration. Please contact me on 619-905-5522 if there are any questions or clarifications needed. Yours Sincerely, Carl Schneider CEO, SchneiderCM, Inc. TRAN1478 Appendix "A" DocuSign Envelope ID: BF8F067E-1BE6-405E-85EB-469110862C69 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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. 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/26/2019 License # 0E67768 (949) 297-0036 52026 (949) 297-5960 13056 SchneiderCM, Inc. 7459 Circulo Sequoia Carlsbad, CA 92009 20443 A 2,000,000 X PSB0001593 7/1/2019 7/1/2020 1,000,000 Add’l Insd/Prim/WOS 10,000 Form# PPB3040212 2,000,000 4,000,000 4,000,000 2,000,000A PSB0001593 7/1/2019 7/1/2020 A X PSW0001591 7/1/2019 7/1/2020 1,000,000 1,000,000 1,000,000 B Prof Liab; Clms-Made MCH591889923 7/1/2019 Per Claim 2,000,000 B $10K Per Clm Ded MCH591889923 7/1/2019 7/1/2020 Aggregate 4,000,000 Re: Fire Station #3, CIP #40031 (CM/Inspection/Testing Services) City of Carlsbad it's officers, agents, employees, and volunteers are Additional Insureds on a Primary and Non-Contributory basis with respect to General Liability as required by written contract. Waiver of Subrogation applies to Workers Compensation as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD 1635 Faraday Avenue Carlsbad, CA 92008 SCHNINC-02 FRENCHD IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 Danielle French Danielle.French@ioausa.com RLI Insurance Company Continental Casualty Company X 7/1/2020 X X X X X X X TRAN1478 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 15 CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR CALAVERA HILLS COMMUNITY PARK GATEWAY IMPROVEMENTS; PROJECT NO. 4601 This fifteenth Project Task Description and Fee Allotment, is entered into on J'.lA.c:N-'~ U , '20 7-..b , pursuant to an Agreement between SCHNEIDERCM, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the "Agreement"}, the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Consulting in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated February 24, 2020, ("proposal"), attached as Appendix "A" for the Construction Management and Inspection Services for the Calavera Hills Community Park Gateway Improvements, (the "Project"). The Project services shall include Site Supervision, Document Review. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ninety six (96) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred eighty (180) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $113,680. City Attorney Approved Version 7/19/17 TRAN1478 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill /II Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 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. City Attorney Approved Version 7 /19/17 2 TRAN1478 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES TASK GROUP TIME & MATERIALS Construction Management and Inspection Services $113,680 TOT AL (Not-to-Exceed) CONTRACTOR SCHNEIDERCM, INC., a California corporation (name of Contractor) By: ~:;;/---------~ · ·~ c.....,..,--- (sign here) Carl Schneider, CEO (print name/title) SCHNEIDERCM, INC., a California corporation $113,680 (name of c:1ractor) By: ~J------z----- (sign here) Carl Schneider, CFO (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a rryuni · al corporation of the State of California By: Date: _o_~_/~~--+-l~tv~<J_.__.A.b,.___ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 7 /19/17 3 SchneiderCfii Attn: Valerie Airey Municipal Projects Manager City of Carlsbad Public Works Department 1635 Faraday Avenue Carlsbad, CA 92008 TRAN1478 -Task No. 15 Appendix "A" 7459 Circulo Sequoia Carlsbad, CA 92009 Tel: 619-905-5522 Fax: 888-638-1504 24 February 2020 Subject: FEE PROPOSAL for CM Services on Calavera Hills Community Park Gateway Improvements project under Contract #TRAN 1478 Dear Valerie, SchneiderCM's fee for pre-construction and construction support services for the Calavera Hills Community Park Gateway Improvements project for the same tasks outlined in Task #1 -#3 under the Master Agreement is on a time-and-material basis per the Master Agreement not-to-exceed $113,680. The scope of work includes: • Task 1.1 Project Management • Task 1.2 Pre-Construction Conference • Task 2.1 Contract Administration • Task 2.2 Reports and Communication • Task 2.3 Photo Documentation • Task 2.4 Construction Progress Meetings • Task 2.5 Shop Drawings and Submittal Reviews • Task 2.6 Plans & Specifications Interpretation • Task 2. 7 Construction Services • Task 2.8 Progress Payments • Task 2.9 Contractor's Claims and Change Orders • Task 3.0 Project Closeout The costs are broken down as follows for a construction duration of 100 working days • Construction Manager: 24 hours constructability review+ 180 days construction @ 4hrs/day (720) hours + 40 hours close-out at $145/hr = $113,680 This proposal is based on an anticipated construction NTP on or around 6/1/2020 with a 180 working days construction duration. Thank you for your consideration. Please contact me on 619-905-5522 if there are any questions or clarifications needed. Yours Sincerely, Carl Schneider CEO, SchneiderCM, Inc. Page 1 of 1 SCHNINC-02 FRENCHD ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYYY) ~ 6/26/2019 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE67768 ijfijl~cT Danielle French IOA Insurance Services rit:r,N:o, Ext): (949) 297-0036 52026 I FAX 9 4370 La Jolla Village Drive (A/C, No):(949) 2 7-5960 Suite 600 it1oA~~ss, Danielle.French@ioausa.com San Diego, CA 92122 INSURER/SI AFFORDING COVERAGE NAIC# INSURER A: RLI Insurance Comoanv 13056 INSURED INSURER B: Continental Casualtv Comoanv 20443 SchneiderCM, Inc. INSURERC: 7459 Circulo Sequoia INSURER D: Carlsbad, CA 92009 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 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. 1Nif TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS •••~n Hn,n ... ... A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 ~ □ CLAIMS-MADE [Kl OCCUR DAMAGE TO RENTED 1,000,000 X PSB0001593 7/1/2019 7/1/2020 PREMISES /Ea occurrence\ $ X Add'I lnsd/Prim/WOS MED EXP (Anv one person) $ 10,000 X Form# PPB3040212 PERSONAL & ADV INJURY $ 2,000,000 ~ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl POLICY [Kl m?i= □ LOC PRODUCTS -COMP/OP AGG $ 4,000,000 OTHER: $ A ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT /Ea accident\ $ 2,000,000 ANY AUTO PSB0001593 7/1/2019 7/1/2020 BODILY INJURY (Per oerson\ $ ~ OWNED ~ SCHEDULED ~ AUTOS ONLY ~ AUTOS BODILY INJURY /Per accident\ $ X ~LRT'WsoNLY X ~8H:i~~tJr.~ /ROPERTY DAMAGE Per accident\ $ $ ~ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION X I ~ff Tl ITE I I OTH-AND EMPLOYERS" LIABILITY ER Y/N X PSW0001591 7/1/2019 7/1/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ filFICER/MEMBER EXCLUDED? N/A 1,000,000 ( andatory In NH) E.L. DISEASE -EA EMPLOYEE $ ~~i't~fttrt~ o'f~PERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 B Prof Liab; Clms-Made MCH591889923 7/1/2019 7/1/2020 Per Claim 2,000,000 B $10K Per Clm Ded MCH591889923 7/1/2019 7/1/2020 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES ,¥'CORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: Fire Station #3, CIP #40031 (CM/Inspection esting Services) City of Carlsbad it's officers, agents, employees, and volunteers are Additional Insureds on a Primary and Non-Contributory basis with respect to General Liability as required by written contract. Waiver of Subrogation applies to Workers Compensation as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. 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. AUTHORIZED REPRESENTATIVE City of Carlsbad/CMWD q~ 1635 Faraday Avenue " J r'.A a?nnR ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PSB0001593 Named Insured: SchneiderCM Inc ' . RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION II -LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or 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 "product-completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. 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 policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION Ill H.2. Other Insurance -COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II - LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy 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 a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement 4. The following is added to SECTION Ill K. 2. Transfer of Rights of Recovery Against Others to Us -COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II - LIABILITY) 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 and advertising injury'' arising out of ''your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number: PSB0001593 Named Insured: SchneiderCM Inc ' . RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION II -LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or 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 "product-completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. 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 policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION Ill H.2. Other Insurance -COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II - LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy 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: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION Ill K. 2. Transfer of Rights of Recovery Against Others to Us -COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II - LIABILITY) 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 and advertising injury'' arising out of ''your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC0403 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described In the Schedule. The additional premium for this endorsement shall be __ 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before the loss. Job Description Jobs performed for any person or organization that you have agreed with In a written contract to provide this agreement. Thill andor111manl changes Iha policy lo which H Is altachad and la affee\!Ye on the dale Issued unlesa otherwlaa stated. (The Information belcrw 11 required only whon thl1 endor .. mant It t .. u,d eubsequent to preparation of tho pollcy.) Insured SchneldercM, Inc. Polley No. PSW0001591 lnautitlce Comp1111y ~LI Insurance Compsriy Endorsement No. counter11lgt1ed 13y ____________________ _ C1DD8 by th• Worker11 Camponilatlon Insurance Aalhtg Bureau of C11llfornla. All tights ,. .. rv,d. TRAN1478 City Attorney Approved Version 7/19/17 1 of 4 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 14 CONSTRUCTION MANAGEMENT SERVICES FOR OCEAN STREET BEACH ACCESS PROJECT CLOSE-OUT; PROJECT NO. 6057 This fourteenth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between SchneiderCM, Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated September 29, 2016 (the “Agreement”), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide Consulting in accordance with the "Project Engineer’s Manual",2001 edition, as published by the City's Engineering Department, City "Standards forDesign & Construction of Public Works Improvements in the City of Carlsbad," and theproposal dated 43836, (“proposal”), attached as Appendix "A" for the CM Services ForOcean Street Beach Access Project Close-Out, (the “Project"). The Project servicesshall include document review and site supervision. 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the CityManager or Director and a Purchase Order from the City’s Purchasing Department,constitutes notification to proceed to the Contractor. Contractor shall begin work withinfive (5) working days after receiving this fully executed document and a City PurchaseOrder. Contractor shall complete the work within twenty-five (25) working days thereafter.Working days are defined in section 6-7.2 “Working Day” of the Standard Specificationsfor Public Works Construction (Green Book). Extensions of time for this Task Descriptionmay be granted if requested and agreed to in writing by the Director or City Manager. Inno event shall Contractor work beyond the term or authorized compensation of the MasterAgreement, as amended by this Project Task Description and Fee Allotment. 3.FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein.Fees shall be paid on the basis of time and materials for each task group shown in Table1.Progress payments shall be based on work days. Appendix "A", attached, prepared byContractor and reviewed by City, shows the parties’ intent as to the elements, scope andextent of the task groups. Contractor acknowledges that performance of any and all tasksby the Contractor constitutes acknowledgment by Contractor that such tasks are thosedefined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $7,250. DocuSign Envelope ID: C2375EAF-8A2E-4CD6-BD3E-37C96FF604EE January 26, 2020 TRAN1478 City Attorney Approved Version 7/19/17 2 of 4 4.PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including workperformed during design and preconstruction such as inspection and land surveying work,cumulatively exceeding $1,000 and performed under this Agreement are subject to stateprevailing wage laws. The general prevailing rate of wages, for each craft or type of workerneeded to execute the contract, shall be those as determined by the Director of IndustrialRelations 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 wagerates is on file in the office of the City Engineer. Contractor shall not pay less than the saidspecified prevailing rates of wages to all such workers employed by him or her in theexecution of the Agreement. Contractor and any subcontractors shall comply with Section1776 of the California Labor Code, which generally requires keeping accurate payrollrecords, verifying and certifying payroll records, and making them available for inspection.Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: C2375EAF-8A2E-4CD6-BD3E-37C96FF604EE TRAN1478 City Attorney Approved Version 7/19/17 3 of 4 TABLE 1 FEE ALLOTMENT CM&I SERVICES TASK GROUP TIME & MATERIALS Construction Management Support for Warranty Work, Punch List, and Closeout $7,250 TOTAL (Not-to-Exceed) $7,250 CONTRACTOR SCHNEIDER CM, INC., a California corporation SCHNEIDER CM, INC., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Carl Schneider, CEO Carl Schneider, CFO (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works as authorized by City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney - 50 hours at $145/hr DocuSign Envelope ID: C2375EAF-8A2E-4CD6-BD3E-37C96FF604EE 1/22/2020 7459 Circulo Sequoia Carlsbad, CA 92009 Tel: 619-905-5522 Fax: 888-638-1504 Page 1 of 1 6 January 2020 Attn: Valerie Airey Municipal Projects Manager Public Works City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Subject: FEE PROPOSAL for CM Services on the Ocean Street Beach Access Improvements Project for Warranty, Punch List and Closeout Items Dear Valerie, SchneiderCM’s fee for closeout CM support services for the Ocean Street Beach Access Improvements project outlined below and is on a time-and-material basis not-to-exceed $7,250 The scope of work includes: • CM Support for Warranty Work, Punch List, and Project Closeout The costs are broken down as follows: • Construction Manager: 50 hours at $145/hr = $7,250 Thank you for your consideration. Please contact me on 619-905-5522 if there are any questions or clarifications needed. Yours Sincerely, Carl Schneider CEO, SchneiderCM, Inc. Appendix "A" TRAN1478 4 of 4 DocuSign Envelope ID: C2375EAF-8A2E-4CD6-BD3E-37C96FF604EE ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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. 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/26/2019 License # 0E67768 (949) 297-0036 52026 (949) 297-5960 13056 SchneiderCM, Inc. 7459 Circulo Sequoia Carlsbad, CA 92009 20443 A 2,000,000 X PSB0001593 7/1/2019 7/1/2020 1,000,000 Add’l Insd/Prim/WOS 10,000 Form# PPB3040212 2,000,000 4,000,000 4,000,000 2,000,000A PSB0001593 7/1/2019 7/1/2020 A X PSW0001591 7/1/2019 7/1/2020 1,000,000 1,000,000 1,000,000 B Prof Liab; Clms-Made MCH591889923 7/1/2019 Per Claim 2,000,000 B $10K Per Clm Ded MCH591889923 7/1/2019 7/1/2020 Aggregate 4,000,000 Re: Fire Station #3, CIP #40031 (CM/Inspection/Testing Services) City of Carlsbad it's officers, agents, employees, and volunteers are Additional Insureds on a Primary and Non-Contributory basis with respect to General Liability as required by written contract. Waiver of Subrogation applies to Workers Compensation as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD 1635 Faraday Avenue Carlsbad, CA 92008 SCHNINC-02 FRENCHD IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 Danielle French Danielle.French@ioausa.com RLI Insurance Company Continental Casualty Company X 7/1/2020 X X X X X X X TRAN1478 City Attorney Approved Version 8/3/16 1 of 4 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 13 CONSTRUCTION MANAGEMENT SERVICES FOR FARADAY ROOF REFURBISHMENT; PROJECT NO. 4720 This thirteen Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between SchneiderCM, Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide Consulting in accordance with the "Project Engineer’s Manual",2001 edition, as published by the City's Engineering Department, City "Standards forDesign & Construction of Public Works Improvements in the City of Carlsbad," and theproposal dated September 19, 2019, (“proposal”), attached as Appendix "A" for theConstruction Management Services For Faraday Roof Refurbishment, (the“Project"). The Project services shall include document review and site supervision. 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the CityManager or Director and a Purchase Order from the City’s Purchasing Department,constitutes notification to proceed to the Contractor. Contractor shall begin work afterreceiving this fully executed document and a City Purchase Order, starting on the date thepre-construction meeting is held. Contractor shall complete the work within 4 months, orninety (90) working days thereafter. Working days are defined in Part 1 GeneralProvisions, Section 1-Terms, Definitions, Abbreviations, Units of Measure, and Symbols,page 4 section titled "Working Day" of the Standard Specifications for Public WorksConstruction (Green Book). Extensions of time for this Task Description may be grantedif requested and agreed to in writing by the City Manager or his designee. In no eventshall Contractor work beyond the term or authorized compensation of the MasterAgreement, as amended by this Project Task Description and Fee Allotment. 3.FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein.Fees shall be paid on the basis of time and materials for each task group shown in Table1. Progress payments shall be based on work days. Appendix "A", attached, prepared byContractor and reviewed by City, shows the parties’ intent as to the elements, scope andextent of the task groups. Contractor acknowledges that performance of any and all tasksby the Contractor constitutes acknowledgment by Contractor that such tasks are thosedefined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $49,880. DocuSign Envelope ID: 90089588-266B-4BDD-ACEF-C210143ECD82 October 7, 2019 TRAN1478 City Attorney Approved Version 8/3/16 2 of 4 4.PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including workperformed during design and preconstruction such as inspection and land surveying work,cumulatively exceeding $1,000 and performed under this Agreement are subject to stateprevailing wage laws. The general prevailing rate of wages, for each craft or type of workerneeded to execute the contract, shall be those as determined by the Director of IndustrialRelations 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 wagerates is on file in the office of the City Engineer. Contractor shall not pay less than the saidspecified prevailing rates of wages to all such workers employed by him or her in theexecution of the Agreement. Contractor and any subcontractors shall comply with Section1776 of the California Labor Code, which generally requires keeping accurate payrollrecords, verifying and certifying payroll records, and making them available for inspection.Contractor shall require any subcontractors to comply with Section 1776. TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT SERVICES TASK GROUP TIME & MATERIALS Project Management $15,950 Pre-Construction Conference $0 Contract Administration $0 Reports and Communication $4,350 Photo Documentation $4,350 Construction Progress Meetings $3,770 Shop Drawings and Submittal Reviews $4,350 Plans & Specifications Interpretation $4,350 Construction Services $6,960 Progress Payments $1,740 Contractor's Claims and Change Orders $1,740 Project Closeout $2,320 TOTAL (Not-to-Exceed) $49,880 /// /// /// /// /// /// /// /// DocuSign Envelope ID: 90089588-266B-4BDD-ACEF-C210143ECD82 TRAN1478 City Attorney Approved Version 8/3/16 3 of 4 CONTRACTOR SCHNEIDER CM, INC., a California corporation SCHNEIDERCM, INC., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Carl Schneider, CEO Carl Schneider, CFO (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ For Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 90089588-266B-4BDD-ACEF-C210143ECD82 10/7/2019 7459 Circulo Sequoia Carlsbad, CA 92009 Tel: 619-905-5522 Fax: 888-638-1504 Page 1 of 1 Attn: Steven Stewart 19 September 2019 Municipal Projects Manager City of Carlsbad Public Works Department 1635 Faraday Avenue Carlsbad, CA 92008 Subject: FEE PROPOSAL for CM Services on Faraday Building Roofing Project under Contract #TRAN 1478 Dear Steve, SchneiderCM’s fee for pre-construction and construction support services for the Faraday Building Roofing project for the same tasks outlined in Task #1 - #3 under the Master Agreement is on a time-and-material basis per the Master Agreement not-to-exceed $49,880. The scope of work includes: •Task 1.1 Project Management •Task 1.2 Pre-Construction Conference •Task 2.1 Contract Administration •Task 2.2 Reports and Communication •Task 2.3 Photo Documentation •Task 2.4 Construction Progress Meetings •Task 2.5 Shop Drawings and Submittal Reviews •Task 2.6 Plans & Specifications Interpretation •Task 2.7 Construction Services •Task 2.8 Progress Payments •Task 2.9 Contractor’s Claims and Change Orders •Task 3.0 Project Closeout The costs are broken down as follows for a construction duration of four months •Construction Manager: 344 hours at $145/hr = $49,880 This proposal is based on an anticipated construction NTP on or around 1/1/2020 with a four (4) month construction duration. Thank you for your consideration. Please contact me on 619-905-5522 if there are any questions or clarifications needed. Yours Sincerely, Carl Schneider CEO, SchneiderCM, Inc. TRAN1478 4 of 4 APPENDIX "A"DocuSign Envelope ID: 90089588-266B-4BDD-ACEF-C210143ECD82 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/26/2019 License # 0E67768 (949) 297-0036 52026 (949) 297-5960 13056 SchneiderCM, Inc. 7459 Circulo Sequoia Carlsbad, CA 92009 20443 A 2,000,000 X PSB0001593 7/1/2019 7/1/2020 1,000,000 Add’l Insd/Prim/WOS 10,000 Form# PPB3040212 2,000,000 4,000,000 4,000,000 2,000,000A PSB0001593 7/1/2019 7/1/2020 A X PSW0001591 7/1/2019 7/1/2020 1,000,000 1,000,000 1,000,000 B Prof Liab; Clms-Made MCH591889923 7/1/2019 Per Claim 2,000,000 B $10K Per Clm Ded MCH591889923 7/1/2019 7/1/2020 Aggregate 4,000,000 Re: Fire Station #3, CIP #40031 (CM/Inspection/Testing Services) City of Carlsbad it's officers, agents, employees, and volunteers are Additional Insureds on a Primary and Non-Contributory basis with respect to General Liability as required by written contract. Waiver of Subrogation applies to Workers Compensation as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD 1635 Faraday Avenue Carlsbad, CA 92008 SCHNINC-02 FRENCHD IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 Danielle French Danielle.French@ioausa.com RLI Insurance Company Continental Casualty Company X 7/1/2020 X X X X X X X TRAN1478 City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 12 RANCHO CARRILLO CARETAKER RESIDENCE REMODEL This twelfth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between SchneiderCM, Inc., ("Contractor") and the City of Carlsbad, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated August 14, 2019, (“proposal”), attached as Appendix "A" for the Carrillo Ranch Caretaker Residence Remodel, (the “Project"). The Project services shall include documentation and inspection during the facility remodel. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within 60 working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 60 working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on hourly rates. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $26,100.00. DocuSign Envelope ID: FE98977F-991D-4A92-8C66-02993B22B7B6 August 26,2019 TRAN1478 City Attorney Approved Version 7/19/17 2 4. 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. /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: FE98977F-991D-4A92-8C66-02993B22B7B6 TRAN1478 City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT Construction Management and Inspection Services as outlined in the attached proposal dated August 14, 2019 TASK GROUP TIME & MATERIALS 180 hours of Construction Management Services @ 145/hour $26,100.00 TOTAL (Not-to-Exceed) $26,100.00 CONTRACTOR SCHNEIDERCM, INC., a California corporation SCHNEIDERCM, INC., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Carl Schneider, CEO Carl Schneider, CFO (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez Deputy City Manager, Public Works APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: FE98977F-991D-4A92-8C66-02993B22B7B6 August 26, 2019 7459 Circulo Sequoia Carlsbad, CA 92009 Tel: 619-905-5522 Fax: 888-638-1504 Page 1 of 1 Attn: John Masshoff 14 August 2019 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: FEE PROPOSAL for CM Services on Rancho Carrillo Park Modular Building Flood Damage Restoration Project under Contract #TRAN 1478 Dear John, SchneiderCM’s fee for pre-construction and construction support services for the Rancho Carrillo Park Modular Building Flood Damage Restoration Project for the same tasks outlined in Task #1 - #3 under the Master Agreement is on a time-and-material basis per the Master Agreement not-to-exceed $26,100. The scope of work includes: Task 1.1 Project Management Task 1.2 Pre-Construction Conference Task 2.1 Contract Administration Task 2.2 Reports and Communication Task 2.3 Photo Documentation Task 2.4 Construction Progress Meetings Task 2.5 Shop Drawings and Submittal Reviews Task 2.6 Plans & Specifications Interpretation Task 2.7 Construction Services Task 2.8 Progress Payments Task 2.9 Contractor’s Claims and Change Orders Task 3.0 Project Closeout The costs are broken down as follows for a construction duration of sixty working days Construction Manager: 3hrs per day 60-days; 180 hours at $145/hr = $26,100.00 This proposal is based on an anticipated construction NTP on or around 9/1/2019 with a six 60- working day construction duration. Thank you for your consideration. Please contact me on 619-905-5522 if there are any questions or clarifications needed. Yours Sincerely, Carl Schneider CEO, SchneiderCM, Inc. Appendix "A" Task No. 12 - TRAN1478 DocuSign Envelope ID: FE98977F-991D-4A92-8C66-02993B22B7B6 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/26/2019 License # 0E67768 (949) 297-0036 52026 (949) 297-5960 13056 SchneiderCM, Inc. 7459 Circulo Sequoia Carlsbad, CA 92009 20443 A 2,000,000 X PSB0001593 7/1/2019 7/1/2020 1,000,000 Add’l Insd/Prim/WOS 10,000 Form# PPB3040212 2,000,000 4,000,000 4,000,000 2,000,000A PSB0001593 7/1/2019 7/1/2020 A X PSW0001591 7/1/2019 7/1/2020 1,000,000 1,000,000 1,000,000 B Prof Liab; Clms-Made MCH591889923 7/1/2019 Per Claim 2,000,000 B $10K Per Clm Ded MCH591889923 7/1/2019 7/1/2020 Aggregate 4,000,000 Re: Fire Station #3, CIP #40031 (CM/Inspection/Testing Services) City of Carlsbad it's officers, agents, employees, and volunteers are Additional Insureds on a Primary and Non-Contributory basis with respect to General Liability as required by written contract. Waiver of Subrogation applies to Workers Compensation as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD 1635 Faraday Avenue Carlsbad, CA 92008 SCHNINC-02 FRENCHD IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 Danielle French Danielle.French@ioausa.com RLI Insurance Company Continental Casualty Company X 7/1/2020 X X X X X X X TRAN1478 City Attorney Approved Version 7/19/17 1 of 4 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 11 CARLSBAD CITY HALL EXTERIOR SAFETY & ACCESSIBILITY IMPROVEMENTS PROJECT NO. 4725 & 6608 This eleventh Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between SCHNEIDERCM, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management and Inspection Services inaccordance with the "Project Engineer’s Manual", 2001 edition, as published by the City'sEngineering Department, City "Standards for Design & Construction of Public WorksImprovements in the City of Carlsbad," and the proposal dated July 5, 2019, (“proposal”),attached as Appendix "A" for the Carlsbad City Hall Exterior Safety & AccessibilityImprovements, (the “Project"). The Project services shall include ConstructionManagement and Inspection Services for City Hall Exterior Safety & AccessibilityImprovements. 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the CityManager or Director and a Purchase Order from the City’s Purchasing Department,constitutes notification to proceed to the Contractor. Contractor shall begin work within ten(10)working days after receiving this fully executed document and a City Purchase Order.Contractor shall complete the work within two hundred (200) working days thereafter.Working days are defined in section 6-7.2 “Working Day” of the Standard Specificationsfor Public Works Construction (Green Book). Extensions of time for this Task Descriptionmay be granted if requested and agreed to in writing by the Director or City Manager. Inno event shall Contractor work beyond the term or authorized compensation of the MasterAgreement, as amended by this Project Task Description and Fee Allotment. 3.FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein.Fees shall be paid on the basis of time and materials for each task group shown in Table1.Progress payments shall be based on work days. Appendix "A", attached, prepared byContractor and reviewed by City, shows the parties’ intent as to the elements, scope andextent of the task groups. Contractor acknowledges that performance of any and all tasksby the Contractor constitutes acknowledgment by Contractor that such tasks are thosedefined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $194,300. DocuSign Envelope ID: 31519881-EFBA-455A-BEEF-690B740D5CE1 August 26, 2019 TRAN1478 City Attorney Approved Version 7/19/17 2 of 4 4.PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including workperformed during design and preconstruction such as inspection and land surveying work,cumulatively exceeding $1,000 and performed under this Agreement are subject to stateprevailing wage laws. The general prevailing rate of wages, for each craft or type of workerneeded to execute the contract, shall be those as determined by the Director of IndustrialRelations 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 wagerates is on file in the office of the City Engineer. Contractor shall not pay less than the saidspecified prevailing rates of wages to all such workers employed by him or her in theexecution of the Agreement. Contractor and any subcontractors shall comply with Section1776 of the California Labor Code, which generally requires keeping accurate payrollrecords, verifying and certifying payroll records, and making them available for inspection.Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 31519881-EFBA-455A-BEEF-690B740D5CE1 TRAN1478 City Attorney Approved Version 7/19/17 3 of 4 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR CITY HALL EXTERIOR SAFETY & ACCESSIBILITY IMPROVEMENTS TASK GROUP TIME & MATERIALS Construction Management and Inspection Services $194,300 TOTAL (Not-to-Exceed) $194,300 CONTRACTOR SCHNEIDER CM, INC., a California corporation SCHNEIDER CM, INC., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Carl Schneider, CEO Carl Schneider, CFO (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney 8hrs/day (1340) hours total at $145/hr = $194,300 DocuSign Envelope ID: 31519881-EFBA-455A-BEEF-690B740D5CE1 8/26/2019 7459 Circulo Sequoia Carlsbad, CA 92009 Tel: 619-905-5522 Fax: 888-638-1504 Page 1 of 1 Attn: Emily Hasegawa, P.E 5 July 2019 Municipal Projects Manager City of Carlsbad Public Works Department 1635 Faraday Avenue Carlsbad, CA 92008 Subject: FEE PROPOSAL for CM Services on Carlsbad City Hall Exterior Safety & Accessibility Improvements project under Contract #TRAN 1478 Dear Emily, SchneiderCM’s fee for pre-construction and construction support services for the Carlsbad City Hall Exterior Safety & Accessibility Improvements project for the same tasks outlined in Task #1 - #3 under the Master Agreement is on a time-and-material basis per the Master Agreement not-to-exceed $194,300. The scope of work includes: •Task 1.1 Project Management •Task 1.2 Pre-Construction Conference •Task 2.1 Contract Administration •Task 2.2 Reports and Communication •Task 2.3 Photo Documentation •Task 2.4 Construction Progress Meetings •Task 2.5 Shop Drawings and Submittal Reviews •Task 2.6 Plans & Specifications Interpretation •Task 2.7 Construction Services •Task 2.8 Progress Payments •Task 2.9 Contractor’s Claims and Change Orders •Task 3.0 Project Closeout The costs are broken down as follows for a construction duration of 45 working days •Construction Manager: 180 hours pre-construction and closeout + 145 days construction @ 8hrs/day (1160) hours at $145/hr = $194,300 This proposal is based on an anticipated construction NTP on or around 8/20/2019 with a 145 working days construction duration. Thank you for your consideration. Please contact me on 619-905-5522 if there are any questions or clarifications needed. Yours Sincerely, Carl Schneider CEO, SchneiderCM, Inc. Appendix "A"TRAN1478 4 of 4 DocuSign Envelope ID: 31519881-EFBA-455A-BEEF-690B740D5CE1 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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. 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/26/2019 License # 0E67768 (949) 297-0036 52026 (949) 297-5960 13056 SchneiderCM, Inc. 7459 Circulo Sequoia Carlsbad, CA 92009 20443 A 2,000,000 X PSB0001593 7/1/2019 7/1/2020 1,000,000 Add’l Insd/Prim/WOS 10,000 Form# PPB3040212 2,000,000 4,000,000 4,000,000 2,000,000A PSB0001593 7/1/2019 7/1/2020 A X PSW0001591 7/1/2019 7/1/2020 1,000,000 1,000,000 1,000,000 B Prof Liab; Clms-Made MCH591889923 7/1/2019 Per Claim 2,000,000 B $10K Per Clm Ded MCH591889923 7/1/2019 7/1/2020 Aggregate 4,000,000 Re: Fire Station #3, CIP #40031 (CM/Inspection/Testing Services) City of Carlsbad it's officers, agents, employees, and volunteers are Additional Insureds on a Primary and Non-Contributory basis with respect to General Liability as required by written contract. Waiver of Subrogation applies to Workers Compensation as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD 1635 Faraday Avenue Carlsbad, CA 92008 SCHNINC-02 FRENCHD IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 Danielle French Danielle.French@ioausa.com RLI Insurance Company Continental Casualty Company X 7/1/2020 X X X X X X X TRAN1478 City Attorney Approved Version 1/30/13 1 RATIFICATION OF AMENDMENT NO. 2 AND AMENDMENT NO. 3 TO EXTEND THE MASTER AGREEMENT FOR AS-NEEDED VERTICAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES SCHNEIDER CM, INC. This ratification of Amendment No. 2 and Amendment No. 3 is entered into and effective as of the _______ day of ___________________________, 2019, ratifying and extending the agreement dated September 29, 2016 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Schneider CM, Inc., (“Contractor") (collectively, the “Parties”) for as-needed horizontal construction management and inspection services. RECITALS A. On August 23, 2017, the Parties executed Amendment No. 1 to extend and fund the Agreement for a one (1) year term through September 29, 2018; and B. On September 10, 2018, the Parties executed Amendment No. 2 to extend and fund the Agreement for a one (1) year term through September 29, 2019; and C. The Parties have continuously performed, and continued to perform, under the Agreement although the City signatory to Amendment No. 2 lacked proper authority to sign; and D. The Parties desire to ratify Amendment No. 2 to the Agreement, retroactive to September 10, 2018; and E. The Parties desire to extend the Agreement for an additional 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. Amendment No. 2 to the Agreement is hereby ratified, retroactive to September 10, 2018. 2. The Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one (1) year ending on September 28, 2020, on a time and materials basis not-to-exceed four hundred thousand dollars ($400,000). 3. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 4. 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: 39F54169-79B3-4AA2-9873-6675582428CA August14th TRAN1478 City Attorney Approved Version 1/30/13 2 5. 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 SCHNEIDER CM, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Scott Chadwick, City Manager Carl Schneider, CEO (print name/title) ATTEST: By: (sign here) For Barbara Engleson, City Clerk Carl Schneider, CFO (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: 39F54169-79B3-4AA2-9873-6675582428CA ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/26/2019 License # 0E67768 (949) 297-0036 52026 (949) 297-5960 13056 SchneiderCM, Inc. 7459 Circulo Sequoia Carlsbad, CA 92009 20443 A 2,000,000 X PSB0001593 7/1/2019 7/1/2020 1,000,000 Add’l Insd/Prim/WOS 10,000 Form# PPB3040212 2,000,000 4,000,000 4,000,000 2,000,000A PSB0001593 7/1/2019 7/1/2020 A X PSW0001591 7/1/2019 7/1/2020 1,000,000 1,000,000 1,000,000 B Prof Liab; Clms-Made MCH591889923 7/1/2019 Per Claim 2,000,000 B $10K Per Clm Ded MCH591889923 7/1/2019 7/1/2020 Aggregate 4,000,000 Re: Fire Station #3, CIP #40031 (CM/Inspection/Testing Services) City of Carlsbad it's officers, agents, employees, and volunteers are Additional Insureds on a Primary and Non-Contributory basis with respect to General Liability as required by written contract. Waiver of Subrogation applies to Workers Compensation as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD 1635 Faraday Avenue Carlsbad, CA 92008 SCHNINC-02 FRENCHD IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 Danielle French Danielle.French@ioausa.com RLI Insurance Company Continental Casualty Company X 7/1/2020 X X X X X X X TRAN1478 City Attorney Approved Version 7/19/17 1 of 4 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 10 CORRUGATED METAL PIPE REPLACEMENT PROGRAM - ROMERIA PROJECT NO. 6607 This tenth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between SCHNEIDERCM, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordancewith the "Project Engineer’s Manual", 2001 edition, as published by the City's EngineeringDepartment, City "Standards for Design & Construction of Public Works Improvements inthe City of Carlsbad," and the proposal dated April 12, 2019, (“proposal”), attached asAppendix "A" for the Corrugated Metal Pipe Replacement Program- Romeria, (the“Project"). The Project services shall include construction management and inspectionservices for the Corrugated Metal Pipe Replacement Program - Romeria. 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the CityManager or Director and a Purchase Order from the City’s Purchasing Department,constitutes notification to proceed to the Contractor. Contractor shall begin work within ten(10)working days after receiving this fully executed document and a City Purchase Order.Contractor shall complete the work within sixty- five (65) working days thereafter. Workingdays are defined in section 6-7.2 “Working Day” of the Standard Specifications for PublicWorks Construction (Green Book). Extensions of time for this Task Description may begranted if requested and agreed to in writing by the Director or City Manager. In no eventshall Contractor work beyond the term or authorized compensation of the MasterAgreement, as amended by this Project Task Description and Fee Allotment. 3.FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein.Fees shall be paid on the basis of time and materials for each task group shown in Table1. Progress payments shall be based on work days. Appendix "A", attached, prepared byContractor and reviewed by City, shows the parties’ intent as to the elements, scope andextent of the task groups. Contractor acknowledges that performance of any and all tasksby the Contractor constitutes acknowledgment by Contractor that such tasks are thosedefined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $34,800. DocuSign Envelope ID: CCD5F891-5F35-41B7-AFB8-C3370894AC9F April 30, 2019 TRAN1478 City Attorney Approved Version 7/19/17 2 of 4 4.PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including workperformed during design and preconstruction such as inspection and land surveying work,cumulatively exceeding $1,000 and performed under this Agreement are subject to stateprevailing wage laws. The general prevailing rate of wages, for each craft or type of workerneeded to execute the contract, shall be those as determined by the Director of IndustrialRelations 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 wagerates is on file in the office of the City Engineer. Contractor shall not pay less than the saidspecified prevailing rates of wages to all such workers employed by him or her in theexecution of the Agreement. Contractor and any subcontractors shall comply with Section1776 of the California Labor Code, which generally requires keeping accurate payrollrecords, verifying and certifying payroll records, and making them available for inspection.Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: CCD5F891-5F35-41B7-AFB8-C3370894AC9F TRAN1478 City Attorney Approved Version 7/19/17 3 of 4 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION FOR THE CORRUGATED METAL PIPE REPLACEMENT PROGRAM- ROMERIA TASK GROUP TIME & MATERIALS 1.Construction Management Services $34,800 TOTAL (Not-to-Exceed) $34,800 CONTRACTOR SCHNEIDER CM, INC., a California corporation SCHNEIDER CM, INC., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Carl Schneider, CEO Carl Schneider, CFO (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: _______________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: CCD5F891-5F35-41B7-AFB8-C3370894AC9F 4/30/2019 Attn: Emily Hasegawa, P.E 12 April 2019 Municipal Projects Manager City of Carlsbad Public Works Department 1635 Faraday Avenue Carlsbad, CA 92008 Subject: FEE PROPOSAL for CM Services on Romeria Street Storm Drain project under Contract #TRAN 1478 Dear Emily, SchneiderCM’s fee for pre-construction and construction support services for the Romeria Street Storm Drain project for the same tasks outlined in Task #1 - #3 under the Master Agreement is on a time-and- material basis per the Master Agreement not-to-exceed $34,800. The scope of work includes: •Task 1.1 Project Management •Task 1.2 Pre-Construction Conference •Task 2.1 Contract Administration •Task 2.2 Reports and Communication •Task 2.3 Photo Documentation •Task 2.4 Construction Progress Meetings •Task 2.5 Shop Drawings and Submittal Reviews •Task 2.6 Plans & Specifications Interpretation •Task 2.7 Construction Services •Task 2.8 Progress Payments •Task 2.9 Contractor’s Claims and Change Orders •Task 3.0 Project Closeout The costs are broken down as follows for a construction duration of 45 working days •Construction Manager: 15 hours startup and closeout + 45 days construction @ 5hrs/day (225) hours at $145/hr = $34,800 This proposal is based on an anticipated construction NTP on or around 5/1/2019 with a 45 working days construction duration. Thank you for your consideration. Please contact me on 619-905-5522 if there are any questions or clarifications needed. Yours Sincerely, Carl Schneider CEO, SchneiderCM, Inc. APPENDIX "A"TRAN1478 4 of 4 DocuSign Envelope ID: CCD5F891-5F35-41B7-AFB8-C3370894AC9F SCHNINC-02 FRENCHD A<C ON' DTE(MRDIYYYCERTIFICATE OF LIABILITY INSURANCEDAEMDDY) 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lcne#E678CONTACT Danielle French-NAME:IO nuac evcsPHONE FAX, 56437A Inanclliae Srvie (A/, No, Ext): (949) 297-0036 52026 1(NC, No): (949) 297~56437e 00 ol ilg rv E-MAIL DaileF Sunitego 00 212 ADDRESS: Dnel.Fench@ioausa.com SanDieo, A 9122INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:RLI Insurance Company 13056 INSURED INSURER B: Continental Casualty Company 20443 SchneiderCM, Inc. INSURER C:7459 Circulo Sequoia INSURER D:Carlsbad, CA 92009 ISRRE INSURER E: COVERAGES CERTIFICATE NUMBER: 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 SUER POLICY EFF POLICY EXPLTR __ TYPE OF INSURANCE INSE' WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE F_]OCCUR X PSBOO01593 07/01/2018 07/01/2019 DAAETO RENTED $100,0 X Add'l InsdIPrimIWOS. MED EXP (Any one person) $ 10,000 X Form# PPB3040212 -PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICYFR ip& F LOC PODUCTS -COMP/OP AGG $ 4,000,000 OTHER: ____________________$ A UTMOIL LABLIY OMIED SINGLE LIMIT2,000AE AUOOIELIBLTa.ccidenll $ 2,000 ANY AUTO PSB0001593 07/01/2018 07/01/2019 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS -BODILY INJURY (Per accident) $X IRD ( ONN IED PROPERT DAMAGE AUTOS ONLY AUTONL (Pradet $ Ix $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DIED IIRETENTION$ $ A WORKERS COMPENSATION PERT 0TH- ADEPOESLAIIYYIN X PSW0001591 07/01/2018 07/01/2019 E.L. EAHCIEN P 1,000,000ANY PROPRIETORIPARTNEREXEC~UTE I mv ..ECHACDNOFFJCERIMEMBER EXCLUDED? iN/IA (andatory in NH) E.L. DISEASE -EA EMPLOYEE $10000If yes, describe under i,0,0__DESCRIPTION OF OPERATIONS below ______________ _____E.L. DISEASE -POLICY LIMIT $10000 B Prof Liab; Cims-Made MCH591 889923 07/0112018 07/01/2019 Per Claim 2,000,000 B $10K Per Clm Ded MCH591 889923 07/0112018 07/01/2019 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS)/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)Re: As-Needed Vertical Construction Management and Inspection ServicesCity of Carlsbad is Additional Insured with respect to General Liability as required by written contract. Waiver of Subrogation applies to Workers Compensation as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. City of CarlsbadCMWD AUTHORIZED REPRESENTATIVE c/o EXIGIS Insurance Compliance Services P.O. Box 4668- ECM #35050 7 ACORD 25 (2016103) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PSB0001593 RUI Insurance Company Named Insured: SchneideCM, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUS INESSOWNERS COVERAGE FORM -SECTION 11I- LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, i nj ury", "property damage" or "personal and and we will not share with that other insurance,advertising injury" caused in whole or in part by you provided that: or tose ctig onyou behlf:a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. I conecion ith"yor wrk" nd ncldedcoverage is sought arises out of an offense within the "product-completed operations contteor agtrement.ntre nt ta hazard". cnrc rareet 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. thisendrsemnt s liite as ollws:Transfer of Rights of Recovery Against Others tothi enorsmen islimtedas ollws:Us -COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION 11 - any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may haveanother endorsement to this policy, against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services", out of "your work' performed by you, or on your c. Tis ndoremet dos nt inreae an ofthebehalf, under a contract or agreement with that c.its efndorme dosanot increaseianiiy ofnth person or organization. We waive these rights only leia pne imits of nsurance.sae nD iblt n where you have agreed to do so as part of a Medial xpesesLimis o Inurace.contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance -COMMON POLICY CONDITIONS injury" or "property damage" occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION 11 -and advertising injury" offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 0306 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description All persons or organizations that are party to a contract that Jobs performed for any person or organization that you requires you to obtain this agreement, provided you executed have agreed with In a written contract to provide this the contract before the loss. agreement, Thl§ endargamont changog the polloy to which it Is atached and I§ off~ctive on the date 1§§ue~d uhnit 6therwlge 6tatod, (The Itiforhietloin below I§ required only whentie enidor@@mit I§ I§§uedl §Ub§@quert to prep~aration of the policy,) Policy No. PSWO001691 Phdorsemont No4 Ihturad Inwrondc ompany SchrieiderCIMI Inc. RLI Insurane~ Company 06uhtereighed By __________________________ _______ ©1i 00 by the Workore' COMOMni~tlon Insuranoe Rating bureau of dIlfortila, All eIghto re~ervad. TRAN1478 City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 9 PROJECT NO. 6057 This ninth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between SchneiderCM, Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management & Inspection Services in accordancewith the "Project Engineer’s Manual", 2001 edition, as published by the City's EngineeringDepartment, City "Standards for Design & Construction of Public Works Improvements inthe City of Carlsbad," and the proposal dated Jan. 2, 2019, (“proposal”), attached asAppendix "A" for the Ocean Street Beach Access Improvements, (the “Project"). TheProject services shall include Additional Construction Management Services for theOcean Street Beach Access Improvements. 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the CityManager or Director and a Purchase Order from the City’s Purchasing Department,constitutes notification to proceed to the Contractor. Contractor shall begin work within ten(10)working days after receiving this fully executed document and a City Purchase Order.Contractor shall complete the work within sixty (60) working days thereafter. Workingdays are defined in section 6-7.2 “Working Day” of the Standard Specifications for PublicWorks Construction (Green Book). Extensions of time for this Task Description may begranted if requested and agreed to in writing by the Director or City Manager. In no eventshall Contractor work beyond the term or authorized compensation of the MasterAgreement, as amended by this Project Task Description and Fee Allotment. 3.FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein.Fees shall be paid on the basis of time and materials for each task group shown in Table1.Progress payments shall be based on work days. Appendix "A", attached, prepared byContractor and reviewed by City, shows the parties’ intent as to the elements, scope andextent of the task groups. Contractor acknowledges that performance of any and all tasksby the Contractor constitutes acknowledgment by Contractor that such tasks are thosedefined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $11,600. DocuSign Envelope ID: 08B99EDD-06D5-40A7-9348-2CC92617081D January 11, 2019 TRAN1478 City Attorney Approved Version 7/19/17 2 4. 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 08B99EDD-06D5-40A7-9348-2CC92617081D TRAN1478 City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT SERVICES FOR THE OCEAN STREET BEACH ACCESS IMPROVEMENTS TASK GROUP TIME & MATERIALS 1.Construction Management Services 11,600 TOTAL (Not-to-Exceed) $11,600 CONTRACTOR SCHNEIDER CM, INC., a California corporation SCHNEIDER CM, INC., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez, Public Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney Carl Schneider, CEO Carl Schneider, CFO DocuSign Envelope ID: 08B99EDD-06D5-40A7-9348-2CC92617081D 1/11/2019 7459 Circulo Sequoia Carlsbad, CA 92009 Tel: 619-905-5522 Fax: 888-638-1504 Page 1 of 1 2 January 2019 Attn: Valerie Airey Municipal Projects Manager Public Works City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Subject: Amendment Request #2 for CM Services on the Ocean Street Beach Access Improvements Project #6057 Dear Valerie, We are requesting a contract amendment of $11,600 (80 hours x $145/hr) to enable us to continue to provide construction management and inspection services on project #6057 Ocean Street Beach Access Improvements. The reason for the additional construction management and inspection time is due to contractor caused delays as well as additional construction scope. Thank you for your consideration. Please contact me on 619-905-5522 if there are any questions or clarifications needed. Yours Sincerely, Carl Schneider CEO, SchneiderCM, Inc. APPENDIX A 4 DocuSign Envelope ID: 08B99EDD-06D5-40A7-9348-2CC92617081D TRAN1478 City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 8 PROJECT NO. 4030 This eighth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between SchneiderCM, Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated September 29, 2016 (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated September 13, 2018, (“proposal”), attached as Appendix "A" for the Dove Library Chapters Cafe, (the “Project"). The Project services shall include Construction Management Services for the Chapters Café Improvements. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred fifty (150) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix “A”, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $9,860. DocuSign Envelope ID: A3203726-FACC-4FB4-9452-12987837D9E3 October 10, 2018 TRAN1478 City Attorney Approved Version 7/19/17 2 4. 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: A3203726-FACC-4FB4-9452-12987837D9E3 TRAN1478 City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT SERVICES FOR THE DOVE LIBRARY CHAPTERS CAFE IMPROVEMENTS TASK GROUP TIME & MATERIALS 1. Construction Management Services $9,860 TOTAL (Not-to-Exceed) $9,860 CONTRACTOR SchneiderCM, Inc. SchneiderCM, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Carl Schneider, CEO Carl Schneider, CFO (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez, Public Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: A3203726-FACC-4FB4-9452-12987837D9E3 October 10, 2018 7459 Circulo Sequoia Carlsbad, CA 92009 Tel: 619-905-5522 Fax: 888-638-1504 Page 1 of 1 13 September 2018 Attn: Steve Didier Municipal Projects Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: FEE PROPOSAL for CM Services on Dove Library Chapters Cafe Project under Contract #TRAN 1478 Dear Steve, SchneiderCM’s fee proposal for CM Services on Dove Library Chapters Cafe Project is on a time- and-material basis under Contract #TRAN 1478 not-to-exceed $9,860. Our scope includes: site coordination, quality assurance, RFI’s, correspondence, progress meetings, payment application review, change order negotiation/review, and project closeout. Cost Breakdown: •Construction Phase: 54 hrs x $145/hr = $7,830 •Close-Out Phase: 14 hrs x 145/hr = $2,030 •Total: $9,860 Thank you for your consideration. Please contact me on 619-905-5522 if there are any questions or clarifications needed. Yours Sincerely, Carl Schneider CEO, SchneiderCM, Inc. Appendix "A"DocuSign Envelope ID: A3203726-FACC-4FB4-9452-12987837D9E3 SCHNINC-02 FRENCHD A<C ON' DTE(MRDIYYYCERTIFICATE OF LIABILITY INSURANCEDAEMDDY) 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lcne#E678CONTACT Danielle French-NAME:IO nuac evcsPHONE FAX, 56437A Inanclliae Srvie (A/, No, Ext): (949) 297-0036 52026 1(NC, No): (949) 297~56437e 00 ol ilg rv E-MAIL DaileF Sunitego 00 212 ADDRESS: Dnel.Fench@ioausa.com SanDieo, A 9122INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:RLI Insurance Company 13056 INSURED INSURER B: Continental Casualty Company 20443 SchneiderCM, Inc. INSURER C:7459 Circulo Sequoia INSURER D:Carlsbad, CA 92009 ISRRE INSURER E: COVERAGES CERTIFICATE NUMBER: 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 SUER POLICY EFF POLICY EXPLTR __ TYPE OF INSURANCE INSE' WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE F_]OCCUR X PSBOO01593 07/01/2018 07/01/2019 DAAETO RENTED $100,0 X Add'l InsdIPrimIWOS. MED EXP (Any one person) $ 10,000 X Form# PPB3040212 -PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICYFR ip& F LOC PODUCTS -COMP/OP AGG $ 4,000,000 OTHER: ____________________$ A UTMOIL LABLIY OMIED SINGLE LIMIT2,000AE AUOOIELIBLTa.ccidenll $ 2,000 ANY AUTO PSB0001593 07/01/2018 07/01/2019 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS -BODILY INJURY (Per accident) $X IRD ( ONN IED PROPERT DAMAGE AUTOS ONLY AUTONL (Pradet $ Ix $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DIED IIRETENTION$ $ A WORKERS COMPENSATION PERT 0TH- ADEPOESLAIIYYIN X PSW0001591 07/01/2018 07/01/2019 E.L. EAHCIEN P 1,000,000ANY PROPRIETORIPARTNEREXEC~UTE I mv ..ECHACDNOFFJCERIMEMBER EXCLUDED? iN/IA (andatory in NH) E.L. DISEASE -EA EMPLOYEE $10000If yes, describe under i,0,0__DESCRIPTION OF OPERATIONS below ______________ _____E.L. DISEASE -POLICY LIMIT $10000 B Prof Liab; Cims-Made MCH591 889923 07/0112018 07/01/2019 Per Claim 2,000,000 B $10K Per Clm Ded MCH591 889923 07/0112018 07/01/2019 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS)/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)Re: As-Needed Vertical Construction Management and Inspection ServicesCity of Carlsbad is Additional Insured with respect to General Liability as required by written contract. Waiver of Subrogation applies to Workers Compensation as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. City of CarlsbadCMWD AUTHORIZED REPRESENTATIVE c/o EXIGIS Insurance Compliance Services P.O. Box 4668- ECM #35050 7 ACORD 25 (2016103) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PSB0001593 RUI Insurance Company Named Insured: SchneideCM, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUS INESSOWNERS COVERAGE FORM -SECTION 11I- LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, i nj ury", "property damage" or "personal and and we will not share with that other insurance,advertising injury" caused in whole or in part by you provided that: or tose ctig onyou behlf:a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. I conecion ith"yor wrk" nd ncldedcoverage is sought arises out of an offense within the "product-completed operations contteor agtrement.ntre nt ta hazard". cnrc rareet 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. thisendrsemnt s liite as ollws:Transfer of Rights of Recovery Against Others tothi enorsmen islimtedas ollws:Us -COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION 11 - any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may haveanother endorsement to this policy, against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services", out of "your work' performed by you, or on your c. Tis ndoremet dos nt inreae an ofthebehalf, under a contract or agreement with that c.its efndorme dosanot increaseianiiy ofnth person or organization. We waive these rights only leia pne imits of nsurance.sae nD iblt n where you have agreed to do so as part of a Medial xpesesLimis o Inurace.contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance -COMMON POLICY CONDITIONS injury" or "property damage" occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION 11 -and advertising injury" offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 0306 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description All persons or organizations that are party to a contract that Jobs performed for any person or organization that you requires you to obtain this agreement, provided you executed have agreed with In a written contract to provide this the contract before the loss. agreement, Thl§ endargamont changog the polloy to which it Is atached and I§ off~ctive on the date 1§§ue~d uhnit 6therwlge 6tatod, (The Itiforhietloin below I§ required only whentie enidor@@mit I§ I§§uedl §Ub§@quert to prep~aration of the policy,) Policy No. PSWO001691 Phdorsemont No4 Ihturad Inwrondc ompany SchrieiderCIMI Inc. RLI Insurane~ Company 06uhtereighed By __________________________ _______ ©1i 00 by the Workore' COMOMni~tlon Insuranoe Rating bureau of dIlfortila, All eIghto re~ervad. TRAN1478 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 2 TO EXTEND AND AMEND MASTER AGREEMENT FOR AS-NEEDED VERTICAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES SCHNEIDER CM, INC. This Amendment No. 2 is entered into and effective as of the _______ day of ___________________________, 2018, extending and amending the agreement dated September 29, 2016 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Schneider CM, Inc, a California corporation, (“Contractor") (collectively, the “Parties”) for as-needed horizontal construction management and inspection services. RECITALS A. On August 23, 2017, the Parties executed Amendment No. 1 to extend and fund the Agreement for a one (1) year term through September 29, 2018; and B. The Parties desire to extend and fund the Agreement for an additional 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. That the Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one (1) year ending on September 29, 2019, on a time and materials basis not-to-exceed four hundred thousand dollars ($400,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will 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, will include coverage for this Amendment. /// /// /// /// /// /// /// /// DocuSign Envelope ID: 2AA21187-3457-4A81-B404-B2874841F7A9 10th September TRAN1478 City Attorney Approved Version 1/30/13 2 4. 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, SCHNEIDER CM, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) For Scott Chadwick, City Manager Carl Schneider/CEO (print name/title) ATTEST: By: (sign here) FOR BARBARA ENGLESON Carl Schneider/CFO 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: 2AA21187-3457-4A81-B404-B2874841F7A9 SCHNINC-02 FRENCHD A<C ON' DTE(MRDIYYYCERTIFICATE OF LIABILITY INSURANCEDAEMDDY) 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lcne#E678CONTACT Danielle French-NAME:IO nuac evcsPHONE FAX, 56437A Inanclliae Srvie (A/, No, Ext): (949) 297-0036 52026 1(NC, No): (949) 297~56437e 00 ol ilg rv E-MAIL DaileF Sunitego 00 212 ADDRESS: Dnel.Fench@ioausa.com SanDieo, A 9122INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:RLI Insurance Company 13056 INSURED INSURER B: Continental Casualty Company 20443 SchneiderCM, Inc. INSURER C:7459 Circulo Sequoia INSURER D:Carlsbad, CA 92009 ISRRE INSURER E: COVERAGES CERTIFICATE NUMBER: 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 SUER POLICY EFF POLICY EXPLTR __ TYPE OF INSURANCE INSE' WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE F_]OCCUR X PSBOO01593 07/01/2018 07/01/2019 DAAETO RENTED $100,0 X Add'l InsdIPrimIWOS. MED EXP (Any one person) $ 10,000 X Form# PPB3040212 -PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICYFR ip& F LOC PODUCTS -COMP/OP AGG $ 4,000,000 OTHER: ____________________$ A UTMOIL LABLIY OMIED SINGLE LIMIT2,000AE AUOOIELIBLTa.ccidenll $ 2,000 ANY AUTO PSB0001593 07/01/2018 07/01/2019 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS -BODILY INJURY (Per accident) $X IRD ( ONN IED PROPERT DAMAGE AUTOS ONLY AUTONL (Pradet $ Ix $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DIED IIRETENTION$ $ A WORKERS COMPENSATION PERT 0TH- ADEPOESLAIIYYIN X PSW0001591 07/01/2018 07/01/2019 E.L. EAHCIEN P 1,000,000ANY PROPRIETORIPARTNEREXEC~UTE I mv ..ECHACDNOFFJCERIMEMBER EXCLUDED? iN/IA (andatory in NH) E.L. DISEASE -EA EMPLOYEE $10000If yes, describe under i,0,0__DESCRIPTION OF OPERATIONS below ______________ _____E.L. DISEASE -POLICY LIMIT $10000 B Prof Liab; Cims-Made MCH591 889923 07/0112018 07/01/2019 Per Claim 2,000,000 B $10K Per Clm Ded MCH591 889923 07/0112018 07/01/2019 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS)/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)Re: As-Needed Vertical Construction Management and Inspection ServicesCity of Carlsbad is Additional Insured with respect to General Liability as required by written contract. Waiver of Subrogation applies to Workers Compensation as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. City of CarlsbadCMWD AUTHORIZED REPRESENTATIVE c/o EXIGIS Insurance Compliance Services P.O. Box 4668- ECM #35050 7 ACORD 25 (2016103) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PSB0001593 RUI Insurance Company Named Insured: SchneideCM, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUS INESSOWNERS COVERAGE FORM -SECTION 11I- LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, i nj ury", "property damage" or "personal and and we will not share with that other insurance,advertising injury" caused in whole or in part by you provided that: or tose ctig onyou behlf:a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. I conecion ith"yor wrk" nd ncldedcoverage is sought arises out of an offense within the "product-completed operations contteor agtrement.ntre nt ta hazard". cnrc rareet 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. thisendrsemnt s liite as ollws:Transfer of Rights of Recovery Against Others tothi enorsmen islimtedas ollws:Us -COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION 11 - any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may haveanother endorsement to this policy, against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services", out of "your work' performed by you, or on your c. Tis ndoremet dos nt inreae an ofthebehalf, under a contract or agreement with that c.its efndorme dosanot increaseianiiy ofnth person or organization. We waive these rights only leia pne imits of nsurance.sae nD iblt n where you have agreed to do so as part of a Medial xpesesLimis o Inurace.contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance -COMMON POLICY CONDITIONS injury" or "property damage" occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION 11 -and advertising injury" offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 0306 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description All persons or organizations that are party to a contract that Jobs performed for any person or organization that you requires you to obtain this agreement, provided you executed have agreed with In a written contract to provide this the contract before the loss. agreement, Thl§ endargamont changog the polloy to which it Is atached and I§ off~ctive on the date 1§§ue~d uhnit 6therwlge 6tatod, (The Itiforhietloin below I§ required only whentie enidor@@mit I§ I§§uedl §Ub§@quert to prep~aration of the policy,) Policy No. PSWO001691 Phdorsemont No4 Ihturad Inwrondc ompany SchrieiderCIMI Inc. RLI Insurane~ Company 06uhtereighed By __________________________ _______ ©1i 00 by the Workore' COMOMni~tlon Insuranoe Rating bureau of dIlfortila, All eIghto re~ervad. PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 7 PROJECT NO. 6057 TRAN1478 ask Description and Fee Allotment, is entered into on -:c---L..:...-Ml.4.Ac.ft-7"~"+-~.c..t~'--,------,------:-::=--' pursuant to an Agreement between Schneider:: , Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated 42642, (th "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management & Inspection Services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated 43221, ("proposal"), attached as Appendix "A" for the Ocean Street Beach Access Improvements, (the "Project"). The Project services shall include Construction Management Services for the Ocean Street Beach Access Improvements. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred fifty (150) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $67,860. City Attorney Approved Version 7 /19/17 TRAN1478 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 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. City Attorney Approved Version 7 /19/17 2 TRAN1478 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT SERVICES FOR THE OCEAN STREET BEACH ACCESS IMPROVEMENTS TASK GROUP 1. Construction Management Services TOT AL (Not-to-Exceed) CONTRACTOR SCHNEIDER CM, INC., a California corporation (name of Contractor) By: d[;_?b j ~· (sign here) C NlL 'f;CHu~ Oc:<Z-/ftt:SrJ?r;;P1 (print name/title) TIME & MATERIALS SCHNEIDER CM, INC., a California corporation (name of Contractor) 67,860 $67,860 By:~/~ (sign here) c .ML 5c,f/~' f)c::.-fl / CFo (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. By: Date: __ !i___,_{_I g__,/'--1 _$ __ _ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ------------Deputy City Attorney City Attorney Approved Version 7 /19/17 3 SchneiderCf;l Attn: Valerie Airey Municipal Projects Manager Public Works City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Appendix "A" 7459 Circulo Sequoia Carlsbad, CA 92009 Tel: 619-905-5522 Fax: 888-638-1504 1 May 2018 Subject: Amendment Request for CM Services on the Ocean Street Beach Access Improvements Project Dear Valerie, Our original CM budget for the Ocean Street Beach Access Project was based on 4 hours/day and 103 working days. For the past few months we have been working 8 hours a day on the project due to increased effort needed with a more challenging contractor. We have however only been billing for 4 hours/day as originally agreed. We were hoping this would be limited and would absorb the costs. The Contractor's performance however hasn't improved and we anticipate continued full-time effort through completion. With that being said, we are only requesting an adjustment from 4 hours a day to 6 hours a day to be mindful of the budget. Due to the inability of the contractor to complete the project on schedule, the project will now require an additional demobilization and remobilization to allow for no work to be performed during summer months. (June 1st through Sept 10th) To complete the first phase of access at: Rue Des Chateaux, Beech Ave, and Carlsbad Village Drive, we anticipate the contractor completing by June 1, 2018. We currently have 76 hrs left to bill on the current task order. To complete this phase, we anticipate 23-days @ 6 hrs per day= 138 Hrs. We need to add 60 hours for this phase of work The second phase of access at: Oak Ave, Grand Ave, Christiansen Ave, and Cypress Ave. Work to commence Sept 10th, 2018 and complete Dec 14th, 2018. Management of this work will require 68 working days@ 6 hrs per day= 408 hrs. Please will you consider an amendment to our services of +468 hours (@145/hr = $67,860) to ensure adequate CM coverage through completion. Calculation: • (First Phase) 10 working days @ 6hrs/day from 5/18 to 6/1 = +60 hours • (Second Phase) 68 working days@ 6hrs/day from 9/10 to 12/14 = +408 hours • TOTAL: 468 hours x $145/hr = $67,860 Thank you for your consideration. Please contact me on 619-905-5522 if there are any questions or clarifications needed. Yours Sincerely, Carl Schneider CEO, SchneiderCM, Inc. Page 1 of 1 SCHNINC-02 FRENCHD ACORD' CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD/YYYY) ~ 10/4/2017 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE67768 iji~!~cT Danielle French IOA Insurance Services ! ri11gN:o, Ext): (949) 297-0036 52026 [ r.e~. No):(949) 297-5960 4370 La Jolla Village Drive Suite 600 i~cf~~ss: Danielle.French@ioausa.com San Diego, CA 92122 INSURERISI AFFORDING COVERAGE NAIC# INSURER A: RLI Insurance Comoanv 13056 INSURED INSURER B: Continental Casualty Companv 20443 ·- SchneiderCM, Inc. INSURERC: 7459 Circulo Sequoia INSURERD: ---Carlsbad, CA 92009 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 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 POLICY EFF POLICY EXP I Tl> TYPE OF INSURANCE ,.,.,.n ,.,,n POLICY NUMBER /MM/nnNVVV, LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 ~ ~ CLAIMS-MADE [K] OCCUR DAMAGE TO RENTED 1,000,000 X PSB0001593 07/01/2017 07/01/2018 PREMISES fEa occurrence\ $ X Add'I lnsd/Prim/WOS MED EXP J6.nl one Rerson) J___ 10,000 X Form# PPB3040212 ~AL & ADV INJURY $ --2,000,000 ~- GEN'L AGGREGATE LIMIT APPLIES PER I GENERAL AGGREGATE $ 4,000,000 9 POLICY [K] ~ri?r [] LOC ~RODUCTS -COMP/OP AGG $ 4,000,000 I OTHER: ' $ ,I A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 !Ea accident\ - ANY AUTO PSB0001593 ' 07/01/2017 07/01/2018 BODILY INJURY [Per person) $ ---OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY [Per accident) $ X HIRED X ~8-f:l~~l~ 1P~?~2c~leit?AMAGE $ -AUTOS ONLY -- $ UMBRELLA LIAB H OCCUR ..QCHOCCYRRENCE ___ ,.J___ _________ - EXCESS LIAB CLAIMS-MADE AGGREGATE _J___ DED I I RETENTION $ $ A WORKERS COMPENSATION XI ~ffTUTE I ~-AND EMPLOYERS" LIABILITY --Y/N X PSW0001591 07/01/2017 07/01/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ ~li~irtHi~ ~f~PERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 B Prof Liab; Clms-Made MCH591889923 I 01,01,2011 07/01/2018 Per Claim 2,000,000 B $10K Per Clm Ded MCH591889923 07/01/2017 07/01/2018 Aggregate 4,000,000 / i DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: As-Needed Vertical Construction Management and Inspection Services City of Carlsbad is Additional Insured with respect to General Liability as required by written contract. Waiver of Subrogation applies to Workers Compensation as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. 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/CMWD AUTHORIZED REPRESENTATIVE c/o EXIGIS Insurance Compliance Services 4~ P.O. Box 4668-ECM #35050 ,iu.,.~ Ynrlc NY 1::·--•--- ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD / Policy Number: PSB0001593 Named Insured: SchneiderCM Inc ' . RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION II -LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury'' caused in whole or in part by you or 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 "product-completed operations hazard" 2. The insurance provided to the additional insured by this endorsement is limited as follows a. 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 policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION Ill H.2. Other Insurance -COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II - LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy 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: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury'' for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION Ill K. 2. Transfer of Rights of Recovery Against Others to Us -COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II - LIABILITY) 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 and advertising injury'' arising out of ''your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury'' offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 0212 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA WC 04 03 06 (Ed. 4-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be __ 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before the loss. Job Description Jobs performed for any person or organization that you have agreed with in a written contract to provide this agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insured SchneiderCM, Inc. Policy No. PSW0001591 Insurance Company RLI Insurance Company Countersigned By Endorsement No. ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 6 PROJECT NO. 4737 TRAN1478 This Description and Fee Allotment, is entered into on -----'---'....,_-+-----,1----+----"""""""'---'-½c=r-.,--------' pursuant to an Agreement between SCHNEIDE C , C., a alifornia corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS 2. 3. Contractor shall provide Consulting Work in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated April 16, 2018, ("proposal"), attached as Appendix "A" for the LCR Maintenance & Repair, CM Services, (the "Project"). The Project services shall include Site coordination, submittal review, quality assurance, pay application and change order review, and project closeout. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred ninty (190) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task.Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $5,945. City Attorney Approved Version 7 /19/17 TRAN1478 4. PREVAILING WAGE RATES /II Ill Ill Ill /II Ill /II /II Ill Ill Ill /II /II /II /II /II /II Ill 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. City Attorney Approved Version 7 /19/17 2 TRAN1478 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT SERVICES TASK GROUP TIME & MATERIALS 1. Site Coordination $145 2. Review of Submittals/Product Literature $725 3. Quality Assurance $1,450 4. RFI Review and Coordination $725 5. Correspondence as Necessary $1,450 6. Payment Aoolication and Change Order Review $725 7. Project Close Out TOTAL (Not-to-Exceed) CONTRACTOR SCHNEIDERCM, INC., a California corporation (name of Contractor) By~£~- (sign here) C-412 l-5C,!-f t-::>c::-1 fJ c'{I_ / 112c'? 1 Oc'U T (print name/title) $725 $5,945 (sign here) c~ 5c:-"-1~7Pe:tC J eFo (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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:_....~--'------- Deputy City Attorney City Attorney Approved Version 7 /19/17 3 Appendix 'A' SchneiderCf.;l 7459 Circulo Sequoia Carlsbad, CA 92009 Tel; 619-905-5522 Fax: 888-638-1504 Attn: Steven Stewart Municipal Projects Manager City of Carlsbad Public Works Department 1635 Faraday Avenue Carlsbad, CA 92008 16 April 2018 Subject: FEE PROPOSAL for Leo Carrillo Ranch Historic Park Maintenance and Repair Project #4737 Under the CM Services Master Agreement dated 9/29/216. Dear Steve, SchneiderCM's proposed fee for the Leo Carrillo Ranch Historic Park Maintenance and Repair Project (Project #4737) under the Master Agreement is on a time-and-material basis not-to- exceed $5,945. Our scope includes: site coordination, review submittals/products to be used, quality assurance, RFls, correspondence, payment application review, change order review/negotiations, and project close-out. The costs are broken down as follows for the construction duration of two periods of repair work split between April-June 2018 and Nov 2018-Jan 2019 • Construction Manager: 41 hours at $145/hr = $5,945 Thank you for your consideration. Please contact me on 619-905-5522 if there are any questions or clarifications needed. Yours Sincerely, Carl Schneider CEO, SchneiderCM, Inc. Pagel of 1 SCHNINC-02 FRENCHD ACORD' CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDD/YYYY) ~ 10/4/2017 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE67768 ~2~!~cT Danielle French IOA Insurance Services rt8~Jo, Ext): (949) 297-0036 52026 I FAX 4370 La Jolla Village Drive (A/C, No):(949) 297-5960 Suite 600 ioMlJ~ss, Danielle.French@ioausa.com San Diego, CA 92122 INSURER/SI AFFORDING COVERAGE NAIC# INSURER A: RU Insurance Com oanv 13056 INSURED INSURER B: Continental Casualtv Companv 20443 SchneiderCM, Inc. INSURERC: 7459 Circulo Sequoia INSURER D: Carlsbad, CA 92009 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· 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 POLICY NUMBER POLICYEFF POLICY EXP LIMITS I TR ,.,"" ""'" T A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 -:=J CLAIMS-MADE CK] OCCUR ~~~~~iJ9E~~~J~nce\ 1,000,000 X PSB0001593 07/01/2017 07/01/2018 $ X Add'I lnsd/Prim/WOS MED EXP <Anv one oerson1 $ 10,000 X Form# PPB3040212 PERSONAL & ADV INJURY $ 2,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 ~ POLICY [K] ~r8r O LOG PRODUCTS -COMP/OP AGG $ 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY -COMBINED SINGLE LIMIT /Ea accident\ $ 2,000,000 ANY AUTO PSB0001593 07/01/2017 07/01/2018 BODILY INJURY (Per person) $ -O\M'JED -SCHEDULED AUTOS ONLY AUTOS BODIL y INJURY (Per accident) $ X HIRED x ~er&vm1~ rt..9~2Jleit?AMAGE $ -AUTOS ONLY - $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION XI ~ffTUTE I I OTH-AND EMPLOYERS' LIABILITY ER Y/N X PSW0001591 07/01/2017 07/01/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ B Prof Liab; Clms-Made MCH591889923 07/01/2017 07/01/2018 Per Claim 2,000,000 B $1 OK Per Clm Ded MCH591889923 07/01/2017 07/01/2018 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: As-Needed Vertical Construction Management and Inspection Services City of Carlsbad is Additional Insured with respect to General Liability as required by written contract. Waiver of Subrogation applies to Workers Compensation as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668-ECM #35050 ACORD 25 (2016/03) 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. © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ./ ./ Policy Number: PSB0001593 Named Insured: SchneiderCM, Inc. RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION II -LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury'' caused in whole or in part by you or 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 "product-completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows a. 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 policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION Ill H.2. Other Insurance -COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II - LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy 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: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury'' for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION Ill K. 2. Transfer of Rights of Recovery Against Others to Us -COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II - LIABILITY) 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 and advertising injury'' arising out of ''your work'' performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA WC 0403 06 (Ed. 4-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be __ 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before the loss. Job Description Jobs performed for any person or organization that you have agreed with in a written contract to provide this agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insured SchneiderCM, Inc. Policy No. PSW0001591 Insurance Company RLI Insurance Company Endorsement No. Countersigned By ______________________ _ ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 5 PROJECT NO. 6057 TRAN1478 escnQ on and Fee Allotment, is entered into on -4-:s.-.::..,,.z,.~'-+-.L...llr:s....c.=-..-=-=-4-l..(=Q=+· _'.J,_ ____ , pursuant to an Agreement between SCHNEIDERCM, INC., a C lifornia corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management & Inspection Services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated November 11, 2017, ("proposal"), attached as Appendix "A" for the Ocean Street Beach Access Improvements, (the "Project"). The Project services shall include Construction Management and Inspection Services for the Ocean Street Beach Access Improvements. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one-hundred forty-five (145) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $69,890. City Attorney Approved Version 7 /19/17 4. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill /II Ill Ill Ill Ill Ill /II Ill TRAN1478 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. City Attorney Approved Version 7 /19/17 2 TRAN1478 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE OCEAN STREET BEACH ACCESS IMPROVEMENTS TASK GROUP TIME & MATERIALS Construction Management & Inspection Services (482 hrs @ $69,890 $145/hr) TOTAL (Not-to-Exceed) CONTRACTOR SCHNEIDERCM, INC., a California corporation (name of Contractor) By:~~---- (sign here) e.A-£L. 'EC'Hr:-)b70c'-{ / fPG"SiOe--µT (print name/title) SCHNEIDERCM, INC., a California corporation (name of Contractor) By: ~~:~ ~ (sign here) $69,890 c.4-.{ c CSc:---:tf ~-, Ot:==p( c F o (print name/title If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: Date: --l-p>~-~5--~' 7 _____ _ ord I City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY~~ eputy CityAttorney City Attorney Approved Version 7 /19/17 3 SchneiderCf./l Appendix "A" 7459 Circulo Sequoia Carlsbad, CA 92009 Tel: 619-905-5522 Fax: 888-638-1504 11 November 2017 Attn: Valerie Airey Municipal Projects Manager Public Works City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Subject: FEE PROPOSAL for CM Services on the Ocean Street Beach Access Improvements Project Dear Valerie, SchneiderCM's fee for pre-construction, construction, and closeout CM support services for the Ocean Street Beach Access Improvements project for the tasks outlined in the scope of work indicated in Exhibit A attached is on a time-and-material basis not-to-exceed $69,890. The scope of work includes: • Task 2.1 Project Management • Task 2.2 Pre-Construction Conference • Task 3.1 Contract Administration • Task 3.2 Reports and Communication • Task 3.3 Photo Documentation • Task 3.4 Construction Progress Meetings • Task 3.5 Shop Drawings and Submittal Reviews • Task 3.6 Plans & Specifications Interpretation • Task 3.7 Construction Services • Task 3.8 Progress Payments • Task 3.9 Contractor's Claims and Change Orders • Task 4.0 Project Closeout The costs are broken down as follows: • Construction Manager: o 8 hours during pre-construction o 450 hours during construction (103 working days at 4 hours/day) o 24 hours during closeout • Total: 482 hours at $145/hr = $69,890 Thank you for your consideration. Please contact me on 619-905-5522 if there are any questions or clarifications needed. Yours Sincerely, Carl Schneider CEO, SchneiderCM, Inc. Page 1 of 1 TRAN1478 Appendix "A" Scope of Services Project: Ocean Street Beach Access Improvements Project 2. PRECONSTRUCTION SERVICES Task 2.1 Project Management Coordinate and meet with the City's Municipal Projects Manager prior to bidding of the project. Initiate project activities and provide general project oversight. Based upon the City approved Document Management System, incorporate the Document Management Systems and procedures for documenting communications and correspondence. Provide examples of all City provided forms that the CM and Contractor will be required to use to transmit and formalize all Requests for Information (RFI), clarifications, submittals, substitution requests, concrete pour notifications, and other official project documents. Develop points of contact with all team members (project directory). Prepare a list of all standard forms, documents and reports and develop distribution lists and logs for each of the listed document types. All project documents are to be retained by the selected CM firm for a period of three years after conclusion of the project. Task 2.2 Preconstruction Conference Notify appropriate parties schedule and conduct the Preconstruction Conference with City Staff, Architect and the Contractor. The meetings shall cover the overall project objectives, responsibilities of key personnel and agencies, schedules, schedule of values (bid breakdown), procedures for handling submittals, correspondence, utility relocations, local agency permit requirements, requests for clarification, progress payments, change orders, and other pertinent topics. Provide opportunities to have the Contractor's questions answered. 3. CONSTRUCTION SERVICES Task 3.1 Contract Administration/Management The CM shall be responsible for assisting the City's Municipal Projects Manager with all aspects of contract compliance, change/claims processing, negotiations and contract interpretation and enforcement. The CM shall utilize the field offices provided by the Contractor. Furniture and basic office equipment shall be provided by the Contractor in accordance with the specifications. The CM shall oversee, perform, and coordinate work included within this scope of services, as directed by the City. The CM shall: prepare reports, letters, and memoranda; attend meetings; prepare meeting agendas and minutes, monitor and track the expiration of insurance requirements and obtain updated certificates from the Contractor; coordinate testing and specialty services; review daily testing/inspection notes and identify and report nonconforming items; notify the City of significant problems and discrepancies; assist the City with interpreting drawings, specifications and reference standards; monitor construction activities and schedules; assist the City with resolving constructability problems; coordinate TRAN1478 connections and operations; perform inspections; prepare change orders (including cost estimating services); review and notify the Contractor of test results; investigate claims; review the Contractor's Record Drawings periodically and concurrently with Contractor progress payments; and prepare project punch lists, etc. Task 3.2 Reports and Communications All relevant project communications shall be documented and promptly distributed to the City and applicable parties. All original project documents and final project reports shall be furnished to the City within 60 days following filing of the Notice of Completion. Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, testing/inspection reports, dates of utility service interruptions, and all other project correspondence. Weekly progress reports shall be prepared and submitted (electronically) to the City's Municipal Projects Manager and shall include the following elements: a) Summary of the prior week's main accomplishments and current construction activities. Include an evaluation of last week's report of expected task completion to actual. b) Overall Contractor's conformance to contract schedule and quality requirements. This will include a baseline schedule comparison showing all new tasks, deleted tasks, changed tasks and duration changes. Working with the contractor, prepare weekly Planned Percent Complete (PPC) calculations of all planned activities. c) Identification of key problems, action items, and issues, including recommendations for solutions. d) e) f) Task 3.3 Summary of progress payments, change orders, disputes, submittals, RFl's, and Notices of Noncompliance. Photographs of representative project activities printed and electronically stored. Provide list of Deviation Activities and any corrections taken/planned. Photo Documentation Provide a videotape of preconstruction site conditions prior to any construction operation to confirm existing conditions within the limits of work, adjacent areas, and along haul roads to document and clearly depict pre-existing conditions. Take and share construction documentation photographs on a regular basis. Maintain a digital photographic library of all significant construction activities. Provide unique file names for photos with date and location information included. Take additional photographs to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. TRAN1478 Incorporate new software capabilities (Blue Beam, etc.) that allow photographs taken in the field to be linked to a PDF of the site plan/drawing/detail of the photographed location. A report of these photos linked to their location is to be provided weekly. Photos shall be uploaded to the approved project document management site regularly. Task 3.4 Construction Progress Meetings Schedule and attend weekly construction progress meetings with the Architect, contractor and the City. Provide meeting agendas and discuss the schedule, near-term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, safety issues, etc. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees within two working days. Include minutes in the monthly progress reports. Task 3.5 Shop Drawings and Submittal Reviews Submittal review and approval are the responsibility of the design engineer and the City's design project manager. The CM shall be responsible for processing and monitoring the status of all submittals. The CM shall provide a detailed review of the Contractor's submittals for coordination after receipt from the Architect. Submittals of a general nature (General Provisions & Division 1 Requirements) are to be reviewed and processed by the CM. Review of the Contractor's construction schedule and monthly updates shall be the sole responsibility of the CM with input provided from the Architect and City. CM will log, track, and monitor the Architect's role regarding the review of shop drawings, calculations, data samples, submittals, warranties and manuals from the Contractor. Shop drawings and submittals that significantly do not meet the specified requirements or design intent shall be returned to the Contractor with comments for corrections and resubmittal. Exception reports, that identify outstanding submittals or reviews needed, shall be prepared monthly by the CM. Preliminary lists of initial submittal requirements shall be prepared by the CM and issued at the Preconstruction Conference. Task 3.6 Plans and Specifications Interpretation The CM shall review and respond to Contractor RFls (requests for information) if of a general nature. Technical RF ls shall be submitted to the project architect for response. The CM shall maintain a log of RF ls and provide written clarification to the Contractor in a timely manner. Responses to requests for changes to the design require prior approval from the City's design project manager and the architect. Obtain and maintain specification referenced standards including: local and regional specifications, codes, standards, publications, regulations, applicable permitting criteria from local, state, and federal agencies, standard drawings and specifications of the local agencies, and related documents, as referenced in the contract documents and as required to perform the work. Task 3.7 Construction Inspection Services Consultant will be responsible for the overall quality assurance of the project and work with City staff responsible for code compliance. Consultant will provide full time inspection to ensure that the Contractor's work is in compliance with the contract documents. Prepare daily reports of the construction activities including weather conditions, Contractor's equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily TRAN1478 reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the Contractor appropriate revisions to the methods and procedures used in performing the work. The inspectors may not authorize extra work or approve of work that deviates from the contract documents. Consultant will coordinate material deliveries, inspect materials as they arrive on site, and verify that all materials and equipment meet contract requirements and are properly stored. The on-site inspector will inspect the site daily, including any site SWPPP, manage special inspectors, and coordinate with any geotechnical and material testing consultants, and will be responsible for the overall quality assurance of the project. Consultant will provide special inspectors for any masonry or structural steel welding. Task 3.8 Progress Payments Prepare project-related invoices and progress payments. Submit all invoices to the City's Municipal Projects Manager with a recommendation stating the proper amount for payment. Use the Schedule of Values and actual quantities as a basis to prepare payment requests. The City will provide a format for monthly progress payments. Task 3.9 Contractor's Claims and Change Orders In accordance with the City's Standard Public Works Contract and Supplemental Provisions, identify, prepare, log, and monitor all Contractor or City initiated claims, changes, extra work, and change orders. Assist the City's Municipal Projects Manager with negotiating all claims to an agreed upon Contractor/Consultant/City conclusion. Submit change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to issue; resolution alternatives; and resolution recommendation for action by the City. Prepare written justification and independent cost estimates for each change order and negotiate costs with the Contractor. Prepare claims, extra work, and change orders that require design modifications or clarifications, including revisions to the drawings, details, and specifications. Assist the City's Municipal Projects Manager with resolving claims, extra work, and change orders for changes to the work and obtain City approval. Provide the lead role and support to the City in resolving claims and disputes. This shall include: written responses to Contractors and private parties, giving depositions, assisting with arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources, design services for replacement of damaged work, and services made necessary by Contractor default. 4. PROJECT CLOSEOUT Prepare a Project Close-out Matrix of all tasks required by the Specifications and Contract Documents prior to close-out. Track the completion of these tasks. Assist the City by preparing detailed project punch lists at closeout of the project, coordinating the various City Departments' and Architects' concerns and corrections. Attend punch list walk through with each City Department that requests to provide a punch list of corrective actions. Upon correction of deficiencies, the CM shall schedule, coordinate, and conduct a final walk-through prior to the acceptance of work with the City's Municipal Projects Manager, Public Works Department, Parks & Recreation Department, Administrative Services Department, and Architect. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests, TRAN1478 five working days after final walk-through. Review and certify that the Contractor's project record drawings are complete and accurate and validate the As-built documents are true and accurate. SCHNINC-02 FRENCHD ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 10/4/2017 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE67768 ~2ijf~CT Danielle French IOA Insurance Services FlJ8,NJo, Ext): (949) 297-0036 52026 Ir~~. No):(949) 297-5960 4370 La Jolla Village Drive Suite 600 ~oMlJ~ss, Danielle.French@ioausa.com San Diego, CA 92122 INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A: RLI Insurance Comoanv 13056 INSURED INSURER B, Continental Casualtv Company 20443 SchneiderCM, Inc. INSURER C: 7459 Circulo Sequoia INSURERD: Carlsbad, CA 92009 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER· 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 POLICY NUMBER POLICY EFF POLICY EXP LIMITS I TR o.o<>n un,n 11.1u1nn1VVVVl /MM/nDNVYVl A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 f-------D CLAIMS-MADE CK] OCCUR DAMAGE TO RENTED 1,000,000 X PSB0001593 07/01/2017 07/01/2018 PREMISES /Ea occurrence\ $ X Add'l lnsd/Prim/WOS MED EXP /Anv one person\ $ 10,000 X Form# PPB3040212 PERSONAL & ADV INJURY $ 2,000,000 ~ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl POLICY CK] j'r8r O LOG PRODUCTS· COMP/OP AGG $ 4,000,000 OTHER: $ v A AUTOMOBILE LIABILITY ~~~~~~~~llNGLE LIMIT $ 2,000,000 f------- ANY AUTO PSB0001593 07/01/2017 07/01/2018 BODILY INJURY /Per oerson\ $ ·-------f----01/\,NED ~ SCHEDULED AUTOS ONLY ~ AUTOS BODILY INJURY /Per accident) $ x HIRED X NON-OWNED iPl;,9~2'c~leit~AMAGE $ AUTOS ONLY a-AUTOS ONLY $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ,~ -- EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION XI ~~fTUTE I I OTH-AND EMPLOYERS' LIABILITY ER Y/N X PSW0001591 07/01/2017 07/01/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA 1,000,000 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 B Prof Liab; Clms-Made MCH591889923 07/01/2017 07/01/2018 Per Claim 2,000,000 B $1 OK Per Clm Ded MCH591889923 07/01/2017 07/01/2018 Aggregate 4,000,000 ./ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: As-Needed Vertical Construction Management and Inspection Services City of Carlsbad is Additional Insured with respect to General Liability as required by written contract. Waiver of Subrogation applies to Workers Compensation as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. 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/CMWD AUTHORIZED REPRESENTATIVE c/o EXIGIS Insurance Compliance Services c?~ P.O. Box 4668-ECM #35050 INou, ynrl, NY 1011:.Ld.l:l:II ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PSB0001593 Named Insured: SchneiderCM Inc ' . RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION II -LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or 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 "product-completed operations hazard". additional insured under this policy 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: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury'' for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 2. The insurance provided to the additional insured by this endorsement is limited as follows 4. The following is added to SECTION Ill K. 2. a. 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 policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION Ill H.2. Other Insurance -COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II - LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an Transfer of Rights of Recovery Against Others to Us -COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II - LIABILITY) 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 and advertising injury'' arising out of "your work'' performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury'' offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA WC 040306 (Ed. 4-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be __ 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before the loss. Job Description Jobs performed for any person or organization that you have agreed with in a written contract to provide this agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insured SchneiderCM, Inc. Policy No. PSW0001591 Insurance Company RU Insurance Company Endorsement No. Countersigned By ______________________ _ ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 PROJECT NO. 4030 TRAN1478 This second Project Task Description and Fee Allotment, is entered into on :5\)~ lt E 20\1 , pursuant to an Agreement between SCHNEIDER M, IN ., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated April 26, 2017, ("proposal"), attached as Appendix "A" for the Dove Library Additional Scope, (the "Project"). The Project services shall include CM&I Services. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten {10} working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred twenty {120} working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $14,500. City Attorney Approved Version 8/3/16 TRAN1478 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill /II Ill /II /II Ill Ill 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. City Attorney Approved Version 8/3/16 2 /. ,: :£~(./fL. . .. ; TABLE 1 FEE ALLOTMENT CM&I SERVICES ,. ',.i>',,..'"TASkcGQ01U~;'':'·:'c::+,;,;;+,,,,,,,~··,::"''·· ··· .. ··•,.;,! !•! ,! ... •• ; , : '• ; ¢Yc')~i!Jl,!i\l!:tf,;i;!!i1'i!;;±;!i·,j,,;' ' Construction Manager: 1 00 hours at $145/hour CM&I Services for Dove Library Additional Scope Items TRAN1478 ···, ... ··.· ,, T:lM!:&iMATI!RtALS . $14,500 (Fireplace Re-Design; Courtyard Landscape/Planting Changes; and Schulman Auditorium Inductive Loop Repairs.) TOTAL (Not-to-Exceed) CONTRACTOR SCHNEIDER CM, INC., a California corporation (name of Contractor) (sign here) C/'f1U_ '5Ciit-.Je?Od. /flr?;t Pt;;"'tS/ (print name/title) $14,500 By: (sign here) ChtL ~Pd../c:Fo (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: Date: _6_· ;2_· 1_7 ____ _ ublic Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ ----------------~-----Deputy City Attorney City Attorney Approved Version 8/3/16 3 Appendix A Appendix "A" Scope of Work Dove Library Remodel Additional Services General The scope of the preconstruction and construction services requested of the Construction Management Consultant (CM) is listed below for the remaining Dove Library Remodel Project follow up activities. The city Municipal Projects Manager will be the project manager. Construction documents and specifications for these projects have been prepared under separate contracts with Group 4 Architecture (Dove Fireplace Apron Redesign), Schmidt Design Group (Dove Library Courtyard Landscaping Revisions), and Spinitar, Inc. (Dove Auditorium Inductive Loop Installation/Repair). 1. PRECONSTRUCTION SERVICES TASK 1.1 Project Management Coordinate and meet with the City's Municipal Projects Manager prior to bidding any additional work (Fireplace Apron Redesign and Courtyard Landscaping). Initiate project activities and provide general project oversight. TASK 1.2 Preconstruction Conference (fireplace Apron Redesign and Courtyard Landscaping} Attend the Preconstruction Conference with City Staff and the Contractor and take a lead role in discussing the overall project objectives, responsibilities of key personnel and agencies, schedules, schedule of values (bid breakdown), procedures for handling submittals, correspondence, utility relocations, local agency permit requirements, requests for clarification, progress payments, change orders, and other pertinent topics. Provide opportunities to have the Contractor's questions answered. 2. CONSTRUCTION SERVICES TASK 2.1 Contract Administration/Management (Fireplace Apron Redesign, Inductive Loop, and Courtyard Landscaping) The CM shall be responsible·for assisting the city's Municipal Projects Manager with all aspects of contract compliance, change/claims processing, negotiations and contract interpretation and enforcement. The CM shall oversee, perform, and coordinate work included within this scope of services, as directed by the City. The CM shall: prepare reports, letters, and memoranda; attend meetings; coordinate testing and specialty services; review daily testing/inspection notes and identify and report nonconforming items; notify the City of significant problems and discrepancies; assist the City with interpreting drawings, specifications and reference standards; monitor construction activities and schedules; assist the City with resolving constructability problems; coordinate connections and operations; review and notify the Contractor of test results; investigate claims; review the Contractor's Record Drawings periodically and concurrently with Contractor progress payments; and prepare project punch lists, etc. TASK 2.2 Reports and Communications All relevant project communications shall be documented and promptly distributed to the City and applicable parties. All original project documents and final project reports shall be furnished to the City within 60 days following filing of the Notice of Completion. 4 Appendix A Weekly progress reports shall be prepared and submitted (electronically) to the city's Municipal Projects Manager and shall include the following elements: a) Summary of the prior week's main accomplishments and current construction activities. Include an evaluation of previous week's report of expected task completion to actual. b) Overall Contractor's conformance to contract schedule and quality requirements. This will include a schedule comparison showing all new tasks, deleted tasks, changed tasks and duration changes. Working with the contractor, prepare weekly Planned Percent Complete (PPC) calculations of all planned activities. c) Identification of problems, action items and issues with recommended solutions. d) Summary of progress payments, change orders, disputes, submittals, RFI's, and Notices of Noncompliance. e) Photographs of representative project activities printed and electronically stored. f) Provide list of Deviation Activities and any corrections taken/planned. TASK 2.3 Photo Documentation Take and share construction documentation photographs on a regular basis. Maintain a digital photographic library of all significant construction activities. Provide unique file names for photos with date and location information included. Take additional photographs to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. Incorporate new software capabilities (Blue Beam, etc.) that allow photographs taken in the field to be linked to a PDF of the site plan/drawing/detail of the photographed location. A report of these photos linked to their location is to be provided weekly. Photos shall be uploaded to the approved project document management site regularly. TASK 2.4 Construction Progress Meetings Schedule and attend construction progress meetings with the Contractor and the City as needed. Discuss the schedule, near-term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, safety issues, etc. TASK 2.5 Shop Drawings and Submittal Reviews Submittal review and approval are the responsibility of the design engineer. The CM shall be responsible for processing and monitoring the status of all submittals. The CM shall provide a detailed review of the Contractor's submittals for coordination after receipt from the Engineer. Submittals of a general nature (General Provisions & Division 1 Requirements) are to be reviewed and processed by the CM. Review of the Contractor's construction schedule and weekly updates shall be the sole responsibility of the CM with input provided from the City. CM will log, track, and monitor the Engineer's role regarding the review of shop drawings, calculations, submittals, warranties and manuals from the Contractor. Shop drawings and submittals that significantly do not meet the specified requirements or design intent shall be returned to the Contractor with comments for corrections and resubmittal. Exception reports, that identify outstanding submittals or reviews needed, shall be prepared monthly by the CM. 5 Appendix A Preliminary lists of initial submittal requirements shall be prepared by the CM and issued at the Preconstruction Conference. TASK 2.6 Plans and Specifications Interpretation The CM shall review and respond to Contractor RFis (requests for information) if of a general nature. Technical RFis shall be submitted to the project architect for response. The CM shall maintain a log of RFis and provide written clarification to the Contractor in a timely manner. Responses to requests for changes to the design require prior approval from the City's Municipal Project Manager. Obtain and maintain specification referenced standards referenced in the contract documents and as required to perform the work. TASK 2. 7 Construction Services The CM will be responsible for the overall quality assurance of the project and will work with city staff responsible for code compliance. CM will ensure that the Contractor's work is in compliance with the contract documents. Prepare daily reports of the construction activities including weather conditions, Contractor's equipment and manpower, work performed, materials used, site visitors, delays in work and reasons for the delays, and deficiencies. Perform observations at the job site as required to review materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. The CM may not authorize extra work or approve of work that deviates from the contract documents. CM will coordinate material deliveries, inspect materials as they arrive on site, and verify that all materials and equipment meet contract requirements and are properly stored. The CM will walk the site daily, review any site SWPPP issues and coordinate with any material testing consultants. TASK 2.8 Progress Payments Review and submit all invoices to the City's Municipal Projects Manager with a recommendation stating the proper amount for payment. Use the Schedule of Values and actual quantities as a basis to prepare payment requests. The City will provide a format for monthly progress payments. TASK 2.9 Contractor's Claims and Change Orders In accordance with the City's Standard Public Works Contract and General Provisions, identify, prepare, log, and monitor all Contractor or City initiated claims, changes, extra work, and change orders. Assist the City's Municipal Projects Manager with negotiating all claims to an agreed upon Contractor/Consultant/City conclusion. Prepare a report providing statement of claim, extra work, or change; background leading to issue; resolution alternatives; and resolution recommendation for action by the City. Prepare claims, extra work, and change orders that require design modifications or clarifications, including revisions to the drawings, details, and specifications. Provide the lead role and support to the City in resolving claims and disputes. This may include: written responses to Contractors and private parties, giving depositions, assisting with arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources, design services for replacement of damaged work, and services made necessary by Contractor default. (Total not to exceed $14,500) 6 SchneiderCf./1 Attn: Steve Didier Municipal Projects Manager City of Carlsbad Public Works Department 1635 Faraday Avenue Carlsbad, CA 92008 Appendix A 7459 Circulo Sequoia Carlsbad, CA 92009 Tel: 619-905-5522 Fax: 888-638-1504 26 April 2017 Subject: FEE PROPOSAL for Dove Library Additional Scope Under the CM Services Master Agreement dated 9/29/216. Dear Steve, SchneiderCM's fee for construction support services for the Dove Library Fireplace Re-Design, Courtyard Planting, and Auditorium Loop Repairs per your Email dated 4/24/17 under the Master Agreement is on a time-and-material basis per the Master Agreement not-to-exceed $14,500. The scope of work includes: • Task 1.1 Project Management • Task 1.2 Pre-Construction Conference • Task 2.1 Contract Administration • Task 2.2 Reports and Communication • Task 2.3 Photo Documentation • Task 2.4 Construction Progress Meetings • Task 2.5 Shop Drawings and Submittal Reviews • Task 2.6 Plans & Specifications Interpretation • Task 2. 7 Construction Services • Task 2.8 Progress Payments • Task 2.9 Contractor's Claims and Change Orders The costs are broken down as follows: • Fireplace Re-Design: 60 hours • Courtyard Planting: 16 hours • Auditorium Loop Repairs: 24 hours • Construction Manager: 100 hours at $145/hr = $14,500 Thank you for your consideration. Please contact me on 619-905-5522 if there are any questions or clarifications needed. Yours Sincerely, Carl Schneider CEO, SchneiderCM, Inc. Page 1 of 1 7 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 4718 TRAN1478 Th:~;rrst Project Task Description and Fee Allotment, is entered into on 'C:/"L/ll...l;,ietC c:::!/.::2 t:2DI/.e , pursuant to an Agreement between SCNBDER CM, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management Services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated November 28, 2016, ("proposal"), attached as Appendix "A" for the City Hall Renovation project, (the "Project"). Also see Appendix "B" Scope of Work. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work on or about March 20, 2017 after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work by June 16, 2017. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Progress payments shall be based on a time and material basis for a not-to-exceed fee. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the work. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is thirty four thousand, nine hundred dollars ($34,900), inclusive of all reimbursable expenses. City Attorney Approved Version 8/3/16 TRAN1478 TABLE 1 FEE ALLOTMENT CITY HALL RENOVATION PROJECT TASK GROUP Construction Manager: 220 hours at $145/hour Technical Assistant: 40 hours at $75/hour TOTAL (Not-to-Exceed) CONTRACTOR SCHNEIDER CM, INC., a California corporation (name of Contractor) By:/~;_~- v (sign here) c"'..rfU__ Sc"-tNc:{l e -!-« Iff~ ,,:?..,..-u/ (print nametfitle) TIME & MATERIALS SCHNEIDER CM, INC., a California corporation (name of Contractor) By:~~--·· (sign here) $31,900 $3,000 $34,900 c.¥?L-c::x~rt::>c:9't I c~ (print nametfitle) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: Date: _;_,)_'_,;:?._,7_-_1 4? _____ _ ng Public Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: __ ~~-=--==~~~~------------- Deputy City Attorney City Attorney Approved Version 8/3/16 2 SchneiderCf.fl Attn: Steven Stewart Municipal Projects Manager City of Carlsbad Public Works Department 1635 Faraday Avenue Carlsbad, CA 92008 Appendix "A" 7459 Circulo Sequoia Carlsbad, CA 92009 Tel: 619-905-5522 Fax: 888-638-1504 28 November 2016 Subject: FEE PROPOSAL for City Hall Roofing & HVAC Project Under the CM Services Master Agreement dated 9/29/216. Dear Steve, SchneiderCM's fee for pre-construction and construction support services for the City Hall Roofing & HVAC projects for the same tasks outlined in Task #1-#3 under the Master Agreement is on a time-and-material basis per the Master Agreement not-to-exceed $34,900. The scope of work includes: • Task 1.1 Project Management • Task 1.2 Pre-Construction Conference • Task 2.1 Contract Administration • Task 2.2 Reports and Communication • Task 2.3 Photo Documentation • Task 2.4 Construction Progress Meetings • Task 2.5 Shop Drawings and Submittal Reviews • Task 2.6 Plans & Specifications Interpretation • Task 2. 7 Construction Services • Task 2.8 Progress Payments • Task 2.9 Contractor's Claims and Change Orders The costs are broken down as follows for the construction duration 10 six day weeks • Construction Manager: 220 hours at $145/hr = $31,900 • Technical Assistant: 40 hours at $75/hr = $ 3,000 Total: $34,900 Thank you for your consideration. Please contact me on 619-905-5522 if there are any questions or clarifications needed. Yours Sincerely, Carl Schneider CEO, SchneiderCM, Inc. Page 1 of 1 Appendix "8" Scope of Work City Hall Renovation Project General The scope of the preconstruction and construction services requested of the Construction Management Consultant (CM) is listed below for the City Hall Renovation Project. The city Municipal Projects Manager will be the project manager. Construction documents and specifications for these projects have been prepared under separate contract with Pacific Architecture & Engineering (Roofing renovation work) and Elen Consulting (HVAC work). 1. PRECONSTRUCTION SERVICES TASK 1.1 Project Management Coordinate and meet with the City's Municipal Projects Manager prior to bidding the project. Initiate project activities and provide general project oversight. TASK 1.2 Preconstruction Conference Attend the Preconstruction Conference with City Staff and the Contractor and take a lead role in discussing the overall project objectives, responsibilities of key personnel and agencies, schedules, schedule of values (bid breakdown), procedures for handling submittals, correspondence, utility relocations, local agency permit requirements, requests for clarification, progress payments, change orders, and other pertinent topics. Provide opportunities to have the Contractor's questions answered. 2. CONSTRUCTION SERVICES TASK 2.1 Contract Administration/Management The CM shall be responsible for assisting the city's Municipal Projects Manager with all aspects of contract compliance, change/claims processing, negotiations and contract interpretation and enforcement. The CM shall oversee, perform, and coordinate work included within this scope of services, as directed by the City. The CM shall: prepare reports, letters, and memoranda; attend meetings; coordinate testing and specialty services; review daily testing/inspection notes and identify and report nonconforming items; notify the City of significant problems and discrepancies; assist the City with interpreting drawings, specifications and reference standards; monitor construction activities and schedules; assist the City with resolving constructability problems; coordinate connections and operations; review and notify the Contractor of test results; investigate claims; review the Contractor's Record Drawings periodically and concurrently with Contractor progress payments; and prepare project punch lists, etc. TASK 2.2 Reports and Communications All relevant project communications shall be documented and promptly distributed to the City and applicable parties. All original project documents and final project reports shall be furnished to the City within 60 days following filing of the Notice of Completion. Weekly progress reports shall be prepared and submitted (electronically) to the city's Municipal Projects Manager and shall include the following elements: a) Summary of the prior week's main accomplishments and current construction activities. Include an evaluation of previous week's report of expected task completion to actual. b) Overall Contractor's conformance to contract schedule and quality requirements. This will include a schedule comparison showing all new tasks, deleted tasks, changed tasks and duration changes. Working with the contractor, prepare weekly Planned Percent Complete (PPC) calculations of all planned activities. c) Identification of problems, action items and issues with recommended solutions. d) Summary of progress payments, change orders, disputes, submittals, RFI's, and Notices of Noncompliance. e) Photographs of representative project activities printed and electronically stored. f) Provide list of Deviation Activities and any corrections taken/planned. TASK 2.3 Photo Documentation Take and share construction documentation photographs on a regular basis. Maintain a digital photographic library of all significant construction activities. Provide unique file names for photos with date and location information included. Take additional photographs to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. Incorporate new software capabilities (Blue Beam, etc.) that allow photographs taken in the field to be linked to a PDF of the site plan/drawing/detail of the photographed location. A report of these photos linked to their location is to be provided weekly. Photos shall be uploaded to the approved project document management site regularly. TASK 2.4 Construction Progress Meetings Schedule and attend weekly construction progress meetings with the Contractor and the City. Discuss the schedule, near-term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, safety issues, etc. TASK 2.5 Shop Drawings and Submittal Reviews Submittal review and approval are the responsibility of the design engineer. The CM shall be responsible for processing and monitoring the status of all submittals. The CM shall provide a detailed review of the Contractor's submittals for coordination after receipt from the Engineer. Submittals of a general nature (General Provisions & Division 1 Requirements) are to be reviewed and processed by the CM. Review of the Contractor's construction schedule and weekly updates shall be the sole responsibility of the CM with input provided from the City. CM will log, track, and monitor the Engineer's role regarding the review of shop drawings, calculations, submittals, warranties and manuals from the Contractor. Shop drawings and submittals that significantly do not meet the specified requirements or design intent shall be returned to the Contractor with comments for corrections and resubmittal. Exception reports, that identify outstanding submittals or reviews needed, shall be prepared monthly by the CM. Preliminary lists of initial submittal requirements shall be prepared by the CM and issued at the Preconstruction Conference. TASK 2.6 Plans and Specifications Interpretation The CM shall review and respond to Contractor RFis (requests for information) if of a general nature. Technical RFis shall be submitted to the project architect for response. The CM shall maintain a log of RFis and provide written clarification to the Contractor in a timely manner. Responses to requests for changes to the design require prior approval from the City's Municipal Project Manager. Obtain and maintain specification referenced standards referenced in the contract documents and as required to perform the work. TASK 2. 7 Construction Services The CM will be responsible for the overall quality assurance of the project and will work with city staff responsible for code compliance. CM will ensure that the Contractor's work is in compliance with the contract documents. Prepare daily reports of the construction activities including weather conditions, Contractor's equipment and manpower, work performed, materials used, site visitors, delays in work and reasons for the delays, and deficiencies. Perform observations at the job site as required to review materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. The CM may not authorize extra work or approve of work that deviates from the contract documents. CM will coordinate material deliveries, inspect materials as they arrive on site, and verify that all materials and equipment meet contract requirements and are properly stored. The CM will walk the site daily, review any site SWPPP issues and coordinate with any material testing consultants. TASK 2.8 Progress Payments Review and submit all invoices to the City's Municipal Projects Manager with a recommendation stating the proper amount for payment. Use the Schedule of Values and actual quantities as a basis to prepare payment requests. The City will provide a format for monthly progress payments. TASK 2.9 Contractor's Claims and Change Orders In accordance with the City's Standard Public Works Contract and General Provisions, identify, prepare, log, and monitor all Contractor or City initiated claims, changes, extra work, and change orders. Assist the City's Municipal Projects Manager with negotiating all claims to an agreed upon Contractor/Consultant/City conclusion. Prepare a report providing statement of claim, extra work, or change; background leading to issue; resolution alternatives; and resolution recommendation for action by the City. Prepare claims, extra work, and change orders that require design modifications or clarifications, including revisions to the drawings, details, and specifications. Provide the lead role and support to the City in resolving claims and disputes. This may include: written responses to Contractors and private parties, giving depositions, assisting with arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources, design services for replacement of damaged work, and services made necessary by Contractor default. (Total not to exceed $34,900) MASTER AGREEMENT FOR AS-NEEDED VERTICAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (SchneiderCM, Inc.) THIS GREEMENT is made and entered into as of the :3 ~ day of -':!.::~fL-l~L!.-Io,.>I-L-=-',.__, 20~, by and between the CITY OF CAR'ts'BAD, a municipal corpo ation, hereinafter referrea to as "City", and SchneiderCM, Inc .. , a California Corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an engineering firm that is experienced in inspection and construction management for buildings and facilities/vertical projects. B. Contractor has the necessary experience in providing professional services and advice related to inspection and construction management of private as well as municipal projects. 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. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for three additional one 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. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (1 0) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City City Attorney Approved Version 6/9/15 inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed four hundred thousand dollars ($400,000) per Agreement year. If the City elects to extend the Agreement, the amount shall not exceed four hundred thousand dollars ($400,000) per Agreement year. Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct 2 City Attorney Approved Version 6/9/15 or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in 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. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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. 1 0.1.1 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. 1 0.1.2 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. 1 0.1.3 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. 1 0.1.4 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. 1 0.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 3 City Attorney Approved Version 6/9/15 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product 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. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: Name E '""''V\.{ Lu K~ Title lJtof~"j Po~\ic..-w~ For Contractor: Name llJ \ C~'L-Title 4 City Attorney Approved Version 6/9/15 Dept Address Phone Address f4-5C-z Ciec_~LO ~c(UC?tA C-AiZL.'S B 10 CA Oftcoc-t Phone rofCf .qo5-#z?_ Email carl. sci.M ,,}lue~lrMt)r;JCUI/.Ae t 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. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (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 to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City at the 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 5 City Attorney Approved Version 6/9/15 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. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 6 City Attorney Approved Version 6/9/15 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. ExecutedbyContractorthis ~q~ dayof cS~r ,201!£. CONTRACTOR By: (sign here) t:41Zk-~HI0~ Oat /Pfc:?iPc--'"01 (print name/title) By:~~ (sign here) Clt'U-~¥tl0cZ~ oe-e I ct-D (print name/trlle) CITY OF CARLSBAD, a municipal corporation of the State of California By ~~ ~Tl'LE o PERsoN AUTHORIZED TO SIGN tcity MBflB§er OP.. Mayor 01 Division Bi1 eet&r as authorized by the City Manager)] ATTEST: 0.. { ~~ BAR8J4:AENGLESON 6CS') City Clerk Proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ AssistaRt City Attorney JJq;uty MASTER AGREEMENT FOR AS-NEEDED VERTICAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (SchneiderCM, Inc.) 7 City Attorney Approved Version 6/9/15 EXHIBIT "A" SCOPE OF SERVICES Contractor shall perform as-needed vertical construction management and inspection services in accordance with the city's Request for Qualifications with Fee Proposal dated April 20, 2016. The agreed upon billing rates for services outlined in said proposal are attached hereto. Any rate increases are subject to negotiation and approval by city staff. If the use of subcontractors is approved by the City, they shall be billed at cost plus 10%. SchneiderCf.fi Attn: Fred Gaines Jr. Management Analyst City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 7 4511 Cln:ulo Stquoia C.rtat.l, CA 92009 Tel: S1~22 Fax: 888-413S-1504 16May2016 Subject: FEE PROPOSAL for the Oty of carlsbad's As-Needed Vertical Construction Management and Inspection Services, RFQ 116-11 Dear Mr. Gaines, SchneiderCM's Fee Proposal is based on the services provided section included on pg. 24 of the written proposal: Scope Position Hourly Fee Project Management Sr.CM $145 Construction Management Sr.CM $145 Program Management Sr.CM $145 Program Controls Sr.CM $145 Quality Assurance 5r.CM $145 On-Site Inspection Sr.CM $145 Constructablllty Review Sr.CM $145 Value Engineering Sr.CM $145 Cost Estimating Sr.CM $145 Scheduling & Pull Planning Sr.CM $145 Document Management Technical Assistant $75 Project Administrative Support Technical Assistant $75 Detailed Cost Estimating Diversified Service Center $145 Quality assurance and inspection are provided by the Senior Construction Manager as outlined above. Firm Principal involvement in the above categories, where required is $160/hr. 8 City Attorney Approved Version 6/9/15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A. notar1 pubiic or other officer completing thts cert1f'cate verif ss only tne identity of the !nd"'ld,~al who s1greo tre doc_;:rert to which :his cer:ificate s attac:1ed, and net the cruthft•iress accuracy, '}r ,alid;ty of :hat document. State of California County of _..:::;S:_v._l"-_.=0_'_• t--'9::::.0______ ) On 5 ) '-/ ) J ~ before me, _L.:t:"-Y'-=~ 5>"-}c;J~.<:..(.:;::__,;Afk'-'-'-'-=-='-'-"'~5----~N~-"-O_~_ .... _~f--{).-tJ_h_l_; ~.-__ _ Date Her9 Insert Name and Title of the Officer persorally appeared {_o,.,-.\ ~~ .. 1}<.. i d \.,- Name(s) of Signer(s) who proved to me on the basis of satisfactor:1 evrdence :o be the person(s) whose name(s) is/are SL.bscribed to the with1n Instrument and acknowledged to me tha: he/sheithey executed the same in nis/her/their aL.tnorizec capacity(ies). and that by hsirer/trerr s:gnature(sl an the instrument the person(s), or the entity upon behalf of which the oerson(s) acted, executed the instrument Place Notary Seai Above I cert:fy under PENAL TV m= PERJURY under tr.e laws of the State of California that tl"e foregoing paragrapn is true and correct. 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