Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Schmidt Design Group Inc; 2019-12-16;
City Attorney Approved Version 9/27/161 AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR LANDSCAPE ARCHITECTURAL DESIGN SERVICES FOR A PARKING LOT SCHMIDT DESIGN GROUP, INC. This Amendment No. 1 is entered into and effective as of the ______ day of ______________________________, 20___, extending and amending the agreement dated December 16, 2019 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Schmidt Design Group, Inc., (“Contractor") (collectively, the “Parties”) for landscape architectural design services. RECITALS A. The Parties desire to alter the Agreement’s scope of work to provide additional design services for a parking lot at Poinsettia Community Park; and B.The Parties desire to extend the Agreement for a period of one year; and C.The Parties have negotiated and agreed to a supplemental scope of work and feeschedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.In addition to those services contained in the Agreement, as may have beenamended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed thirty-five thousand dollars ($35,000). 2.City will pay Contractor for all work associated with those services described inExhibit “A” on a time and materials basis not-to-exceed thirty-five thousand dollars ($35,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3.Contractor will complete all work described in Exhibit “A” by December 16, 2021. 4.All other provisions of the Agreement, as may have been amended from time totime, will remain in full force and effect. 5.All requisite insurance policies to be maintained by Contractor pursuant to theAgreement, as may have been amended from time to time, will include coverage for this Amendment. DocuSign Envelope ID: 1751EEFF-49F5-455D-ADEC-75C29518CDFD 20 14thDecember City Attorney Approved Version 9/27/16 2 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Parks and Recreation Director (print name/title) ATTEST: By: (sign here) BARBARA ENGLESON City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 1751EEFF-49F5-455D-ADEC-75C29518CDFD JT Barr, Vice-President Glen Schmidt / President City Attorney Approved Version 9/27/16 3 EXHIBIT “A” Schmidt Design Group, Inc. (SDG) will provide additional landscape architectural services for the Poinsettia Park Phase IV improvements based on the approved construction documents. SCOPE OF SERVICES Task 1 – Construction Administration The design team will verify contractor’s conformances to the drawings and specifications throughout the construction process. The methods and materials to accomplish the work will be the responsibility of the contractor. The following services will be provided. 1. Bid Support: SDG will support the City during the bid period in responding to RFI’s and requests for clarification during the bid period. Ten (10) hours is allocated for this effort. 2. Requests for Information & Submittals: SDG will review and provide responses to RFI’s and contractor submittals throughout the duration of construction. Forty (40) hours have been allocated for this effort. 3. OAC Calls: SDG will attend weekly virtual OAC calls. A total of twenty-four (24) one-hour calls are anticipated. 4. Flat Work/Concrete: SDG will conduct a site visit to assess the forms, samples, and finishes of the pedestrian flatwork including sidewalks, seat walls, and decorative paving. 5. Grading & Wet Utilities: Fuscoe will review submittals and visit the site periodically. Twenty-four (24) hours is allocated for this effort. 6. Electrical Utilities: Alagia Engineering will be available to respond to RFI’s, review submittals, and periodically visit the site. Thirty (30) hours have been allocated for this effort. 7. Irrigation Main Line & Construction Progress: SDG will review mainline installation prior to backfilling. A pressure test will also be performed by the contractor in the presence of the City Engineer. 8. Irrigation Coverage Test: A site visit will be conducted to observe the installed irrigation system and sprinkler coverage testing. A Field Report indicating corrections and incomplete work will be prepared for distribution. 9. Tree, Shrub, & Groundcover Layout: SDG will review plant placement. The contractor shall lay out plant material for approval prior to installation. DocuSign Envelope ID: 1751EEFF-49F5-455D-ADEC-75C29518CDFD City Attorney Approved Version 9/27/16 4 10. Pre-Maintenance Walkthrough: A walkthrough will be conducted after the 100% completion of the hardscape, plant, and irrigation system installation. The design team will conduct a pre-maintenance walkthrough with the contractor and generate a punch list of revisions for completion. 11. Final Walkthrough: A final walkthrough will be conducted after the contractor verifies the corrections of the punch list items. The result of the final walk through will be final approval of the landscape and irrigation work. 12. Close Out Walkthrough: SDG will review all improvements at the end of the maintenance period. *SDG will attend a total of ten (10) site visits/meetings throughout the duration of construction. Task 2 – Final As-Built Drawings 1. As-Built Plans: Final as-built plans will be prepared based on a single set of contractors redlined plans. SCHEDULE OF FEES Item No. Description Price Task 1 Construction Administration (T&M Not to Exceed) $31,300 Task 2 Final As-Built Plans (T&M Not to Exceed) $2,650 Reimbursable Expenses $1,000 Total $34,950 PROJECT EXCLUSIONS This proposal has been prepared with the following assumptions and exclusions: A. Site visits beyond those identified above. B. Construction staking. C. Special inspections and materials testing. D. Review of the restroom structure. E. Services will be performed by the Schmidt Design Group team and subconsultants (Fuscoe Engineering – Civil engineering and Alagia Engineering – Lighting and electrical engineering). Geotechnical engineer, structural engineer, and topographic surveyor (construction staking) will contract directly with the City of Carlsbad. DocuSign Envelope ID: 1751EEFF-49F5-455D-ADEC-75C29518CDFD The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 12/22/2019 Cavignac & Associates450 B Street, Suite 1800San Diego CA 92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property Casualty Company of America 25674 SCHMDES-01 XL Specialty Company 37885Schmidt Design Group1310 Rosecrans Street, Suite GSan Diego, CA 92106 932654008 A X 2,000,000 X 1,000,000 X Contractual Liab 10,000 X Cross Liab 2,000,000 4,000,000 X Y 6805H959099 1/1/2020 1/1/2021 4,000,000 Deductible 0 A 1,000,000 X XX BA5G389226 1/1/2020 1/1/2021 A X X 1,000,000 0 CUP6G528554 X 1,000,000 1/1/2020 1/1/2021 A UB0J495455 1/1/2020 1/1/2021 X 1,000,000 1,000,000 1,000,000 B Professional Liability DPR9953210 1/1/2020 1/1/2021 Ea Claim & Aggr Limit $2,000,000 Re: Landscape Architectural Services. Additional Insured coverage applies to General Liability for City of Carlsbad per policy form. Primary andNon-Contributory coverage applies to General Liability per policy form. Excess/Umbrella policy follows form over underlying policies: General Liability, AutoLiability & Employers Liability (additional insured and waiver of subrogation apply). Professional Liability - Claims made form, defense costs included within limit.If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium Cavignac & Associates will provide 30days notice of such cancellation or nonrenewal. City of Carlsbad799 Pine Avenue, Suite 200Carlsbad CA 92008 -779)(%8) 8LMWIRHSVWIQIRXQSHMJMIWMRWYVERGITVSZMHIHYRHIVXLIJSPPS[MRK 8,-7)2(367)1)28',%2+)78,)430-'=40)%7)6)%(-8'%6)*900= '+( %((-8-32%0-2796)(3;2)670)77))736'3286%'8367 7',)(90)(4)67323636+%2->%8-32 , 3**-')4%' 8,-7)2(367)1)28',%2+)78,)430-'=40)%7)6)%(-8'%6)*900= 2%1)73*%((-8-32%0-2796)(4)6732 7 3636+%2->%8-32 7 -2*361%8-326)59-6)(83'3140)8)8,-77',)(90)-*2387,3;2%&3:);-00 &)7,3;2-28,)()'0%6%8-327 %((-8-32%0-2796)(8,)4)6732 7 3636+%2->%8-32 7 7,3;2-28,)7',)(90) 8,)03'%8-32 7 ()7-+2%8)(%&3:) 8,)*3003;-2+%((-8-32%0)<'097-327%440= 4EKI SJ'+8 -779)(%8) 8LMWIRHSVWIQIRXQSHMJMIWMRWYVERGITVSZMHIHYRHIVXLIJSPPS[MRK 8,-7)2(367)1)28',%2+)78,)430-'=40)%7)6)%(-8'%6)*900= '+( %((-8-32%0-2796)(3;2)670)77))736'3286%'8367 7',)(90)(4)67323636+%2->%8-32 , 3**-')4%' '322)'8-32;-8,79',;36/328,)463.)'8 38,)68,%27)6:-') 1%-28)2%2')366)4%-67 83&)4)6*361)(&=3632&),%0*3*8,)%((-8-32%0 -2796)( 7 %88,)03'%8-323*8,)'3:)6)(34)6%8-327,%7&))2'3140)8)( ,%7&))249883-87-28)2()(97)&=%2=4)67323636+%2->%8-3238,)68,%2 4EKI SJ'+8 -779)(%8) 8LMWIRHSVWIQIRXQSHMJMIWMRWYVERGITVSZMHIHYRHIVXLIJSPPS[MRK 8,-7)2(367)1)28',%2+)78,)430-'=40)%7)6)%(-8'%6)*900= '+ %((-8-32%0-2796)(3;2)670)77))736'3286%'8367 '3140)8)(34)6%8-327 , 3**-')4%' 8,-7)2(367)1)28',%2+)78,)430-'=40)%7)6)%(-8'%6)*900= %((-8-32%0-2796)(3;2)670)77))736'3286%'8367 2%1)73*%((-8-32%0-2796)(4)6732 7 3636+%2->%8-32 7 -2*361%8-326)59-6)(83'3140)8)8,-77',)(90)-*2387,3;2%&3:);-00 &)7,3;2-28,)()'0%6%8-327 -2796)(8,)4)6732 7 3636+%2->%8-32 7 7,3;2-28,)7',)(90)&98320= ,%>%6( 4EKI SJ'+8 '311)6'-%0+)2)6%00-%&-0-8= 4EKISJ8LI8VEZIPIVW-RHIQRMX]'SQTER]%PPVMKLXWVIWIVZIH -RGPYHIWGST]VMKLXIHQEXIVMEPSJ-RWYVERGI7IVZMGIW3JJMGI-RG[MXLMXWTIVQMWWMSR '+8 G 1IXLSH3J7LEVMRK -JEPPSJXLISXLIVMRWYVERGITIVQMXWGSRXVMFYXMSR F]IUYEPWLEVIW[I[MPPJSPPS[XLMWQIXLSHEPWS 9RHIV XLMW ETTVSEGL IEGL MRWYVIV GSRXVMFYXIW IUYEP EQSYRXW YRXMP MX LEW TEMH MXW ETTPMGEFPI PMQMXSJMRWYVERGISVRSRISJXLIPSWWVIQEMRW [LMGLIZIVGSQIWJMVWX -J ER] SJ XLI SXLIV MRWYVERGI HSIW RSX TIVQMX GSRXVMFYXMSRF]IUYEPWLEVIW[I[MPPGSRXVMFYXI F] PMQMXW 9RHIV XLMW QIXLSH IEGL MRWYVIV W WLEVIMWFEWIHSRXLIVEXMSSJMXWETTPMGEFPIPMQMX SJ MRWYVERGI XS XLI XSXEP ETTPMGEFPI PMQMXW SJ MRWYVERGISJEPPMRWYVIVW H 4VMQEV] %RH 2SR'SRXVMFYXSV] -RWYVERGI -J 6IUYMVIH&];VMXXIR'SRXVEGX -J]SYWTIGMJMGEPP]EKVIIMRE[VMXXIRGSRXVEGXSV EKVIIQIRX XLEX XLI MRWYVERGI EJJSVHIH XS ER MRWYVIHYRHIVXLMW'SZIVEKI4EVXQYWXETTP]SR E TVMQEV] FEWMW SV E TVMQEV] ERH RSR GSRXVMFYXSV]FEWMW XLMW MRWYVERGIMWTVMQEV] XS SXLIVMRWYVERGIXLEXMWEZEMPEFPIXSWYGLMRWYVIH [LMGLGSZIVWWYGLMRWYVIHEWEREQIHMRWYVIH ERH[I[MPPRSXWLEVI[MXLXLEXSXLIVMRWYVERGI TVSZMHIHXLEX 8LIFSHMP]MRNYV]SVTVSTIVX]HEQEKIJSV [LMGLGSZIVEKIMWWSYKLXSGGYVW ERH 8LI TIVWSREP ERH EHZIVXMWMRK MRNYV] JSV [LMGLGSZIVEKIMWWSYKLX MWGEYWIHF] ER SJJIRWIXLEXMWGSQQMXXIH WYFWIUYIRX XS XLI WMKRMRK SJ XLEX GSRXVEGX SV EKVIIQIRXF]]SY 4VIQMYQ%YHMX E;I[MPPGSQTYXIEPPTVIQMYQWJSVXLMW'SZIVEKI 4EVXMREGGSVHERGI[MXLSYVVYPIWERHVEXIW F4VIQMYQ WLS[R MR XLMW 'SZIVEKI 4EVX EW EHZERGITVIQMYQMWEHITSWMXTVIQMYQSRP]%X XLIGPSWISJIEGLEYHMXTIVMSH[I[MPPGSQTYXI XLI IEVRIH TVIQMYQ JSV XLEX TIVMSH ERH WIRH RSXMGIXSXLIJMVWX2EQIH-RWYVIH 8LIHYIHEXI JSVEYHMXERHVIXVSWTIGXMZITVIQMYQWMWXLIHEXI WLS[REWXLIHYIHEXISRXLIFMPP -JXLIWYQSJ XLI EHZERGI ERH EYHMX TVIQMYQW TEMH JSV XLI TSPMG] TIVMSH MW KVIEXIV XLER XLI IEVRIH TVIQMYQ[I [MPPVIXYVRXLII\GIWWXSXLIJMVWX 2EQIH-RWYVIH G8LIJMVWX2EQIH-RWYVIHQYWXOIITVIGSVHWSJ XLI MRJSVQEXMSR [I RIIH JSV TVIQMYQ GSQTYXEXMSRERHWIRHYWGSTMIWEXWYGLXMQIW EW[IQE]VIUYIWX 6ITVIWIRXEXMSRW &]EGGITXMRKXLMWTSPMG]]SYEKVII E8LI WXEXIQIRXW MR XLI (IGPEVEXMSRW EVI EGGYVEXIERHGSQTPIXI F8LSWI WXEXIQIRXW EVI FEWIH YTSR VITVIWIRXEXMSRW]SYQEHIXSYW ERH G;I LEZI MWWYIH XLMW TSPMG] MR VIPMERGI YTSR ]SYVVITVIWIRXEXMSRW 8LIYRMRXIRXMSREPSQMWWMSRSJSVYRMRXIRXMSREPIVVSV MRER]MRJSVQEXMSRTVSZMHIHF]]SY[LMGL[IVIPMIH YTSR MR MWWYMRK XLMW TSPMG] [MPP RSX TVINYHMGI ]SYV VMKLXWYRHIVXLMWMRWYVERGI,S[IZIVXLMWTVSZMWMSR HSIW RSX EJJIGX SYV VMKLX XS GSPPIGX EHHMXMSREP TVIQMYQSVXSI\IVGMWISYVVMKLXWSJGERGIPPEXMSRSV RSRVIRI[EPMREGGSVHERGI[MXLETTPMGEFPIMRWYVERGI PE[WSVVIKYPEXMSRW 7ITEVEXMSR3J-RWYVIHW )\GITX[MXLVIWTIGXXSXLI0MQMXWSJ-RWYVERGIERH ER] VMKLXW SV HYXMIW WTIGMJMGEPP] EWWMKRIH MR XLMW 'SZIVEKI 4EVX XS XLI JMVWX 2EQIH -RWYVIH XLMW MRWYVERGIETTPMIW E%W MJ IEGL 2EQIH -RWYVIH [IVI XLI SRP] 2EQIH-RWYVIH ERH F7ITEVEXIP]XSIEGLMRWYVIHEKEMRWX[LSQGPEMQ MWQEHISVWYMXMWFVSYKLX 8VERWJIV3J6MKLXW3J6IGSZIV]%KEMRWX3XLIVW 8S9W -JXLIMRWYVIHLEWVMKLXWXSVIGSZIVEPPSVTEVXSJER] TE]QIRX[ILEZIQEHIYRHIVXLMW'SZIVEKI4EVX XLSWIVMKLXWEVIXVERWJIVVIHXSYW8LIMRWYVIHQYWX HSRSXLMRKEJXIVPSWWXSMQTEMVXLIQ%XSYVVIUYIWX XLIMRWYVIH[MPPFVMRKWYMXSVXVERWJIVXLSWIVMKLXW XSYWERHLIPTYWIRJSVGIXLIQ ;LIR;I(S2SX6IRI[ -J[IHIGMHIRSXXSVIRI[XLMW'SZIVEKI4EVX[I[MPP QEMPSVHIPMZIVXSXLIJMVWX2EQIH-RWYVIHWLS[RMR XLI (IGPEVEXMSRW [VMXXIR RSXMGI SJ XLI RSRVIRI[EP RSXPIWWXLERHE]WFIJSVIXLII\TMVEXMSRHEXI -JRSXMGIMWQEMPIHTVSSJSJQEMPMRK[MPPFIWYJJMGMIRX TVSSJSJRSXMGI 7)'8-32:z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z0-1-873* -2796%2') *SV XLI TYVTSWIW SJ HIXIVQMRMRK XLI ETTPMGEFPI)EGL3GGYVVIRGI0MQMXEPPVIPEXIH EGXWSVSQMWWMSRWGSQQMXXIHMRTVSZMHMRKSV JEMPMRK XS TVSZMHI MRGMHIRXEP QIHMGEP WIVZMGIW JMVWX EMH SV +SSH 7EQEVMXER WIVZMGIWXSER]SRITIVWSR[MPPFIHIIQIH XSFISRISGGYVVIRGI 8LI JSPPS[MRK I\GPYWMSR MW EHHIH XS 4EVEKVETL)\GPYWMSRWSJ7)'8-32-z '3:)6%+)7 z'3:)6%+)% z&3(-0= -2.96= %2( 4634)68= (%1%+) 0-%&-0-8= 7EPI3J4LEVQEGIYXMGEPW &SHMP] MRNYV]SV TVSTIVX] HEQEKI EVMWMRK SYX SJ XLI ZMSPEXMSR SJ E TIREP WXEXYXI SV SVHMRERGI VIPEXMRK XS XLI WEPI SJ TLEVQEGIYXMGEPW GSQQMXXIH F] SV [MXL XLI ORS[PIHKISVGSRWIRXSJXLIMRWYVIH 8LIJSPPS[MRKMWEHHIHXSXLI()*-2-8-327 7IGXMSR -RGMHIRXEPQIHMGEPWIVZMGIWQIERW E1IHMGEP WYVKMGEP HIRXEP PEFSVEXSV] \ VE] SV RYVWMRK WIVZMGI SV XVIEXQIRX EHZMGI SV MRWXVYGXMSR SV XLI VIPEXIH JYVRMWLMRKSJJSSHSVFIZIVEKIW SV F8LIJYVRMWLMRKSVHMWTIRWMRKSJHVYKWSV QIHMGEP HIRXEP SV WYVKMGEP WYTTPMIW SV ETTPMERGIW 8LI JSPPS[MRK MW EHHIH XS 4EVEKVETLF )\GIWW -RWYVERGI SJ7)'8-32 -: z '311)6'-%0 +)2)6%0 0-%&-0-8= '32(-8-327 8LMWMRWYVERGIMWI\GIWWSZIVER]ZEPMHERH GSPPIGXMFPISXLIVMRWYVERGI[LIXLIVTVMQEV] I\GIWW GSRXMRKIRX SV SR ER] SXLIV FEWMW XLEXMWEZEMPEFPIXSER]SJ]SYVIQTPS]IIW JSVFSHMP]MRNYV]XLEXEVMWIWSYXSJTVSZMHMRK SV JEMPMRK XS TVSZMHI MRGMHIRXEP QIHMGEP WIVZMGIW XS ER] TIVWSR XS XLI I\XIRX RSX WYFNIGXXS4EVEKVETLE SJ7IGXMSR--z ;LS-W%R-RWYVIH / 1)(-'%04%=1)287z-2'6)%7)(0-1-8 8LI JSPPS[MRK VITPEGIW 4EVEKVETLSJ 7)'8-32---z0-1-873*-2796%2') 7YFNIGXXS4EVEKVETLEFSZIXLI1IHMGEP )\TIRWI0MQMXMWXLIQSWX[I[MPPTE]YRHIV 'SZIVEKI'JSV EPP QIHMGEP I\TIRWIW FIGEYWISJFSHMP]MRNYV]WYWXEMRIHF]ER] SRITIVWSRERH[MPPFIXLILMKLIVSJ E SV F8LIEQSYRXWLS[RMRXLI(IGPEVEXMSRWSJ XLMW'SZIVEKI4EVXJSV1IHMGEP)\TIRWI 0MQMX 0 %1)2(1)28 3* )<')77 -2796%2') '32(-8-32z463*)77-32%00-%&-0-8= 8LI JSPPS[MRK MW EHHIH XS 4EVEKVETLF )\GIWW -RWYVERGI SJ7)'8-32 -: z '311)6'-%0 +)2)6%0 0-%&-0-8= '32(-8-327 8LMWMRWYVERGIMWI\GIWWSZIVER]SJXLI SXLIV MRWYVERGI [LIXLIV TVMQEV] I\GIWW GSRXMRKIRX SV SR ER] SXLIV FEWMW XLEX MW 4VSJIWWMSREP 0MEFMPMX] SV WMQMPEV GSZIVEKI XS XLI I\XIRX XLI PSWW MW RSX WYFNIGX XS XLI TVSJIWWMSREP WIVZMGIW I\GPYWMSRSJ'SZIVEKI%SV'SZIVEKI& 1 &0%2/)8 ;%-:)6 3* 79&63+%8-32 z ;,)2 6)59-6)( &= ;6-88)2 '3286%'8 36%+6))1)28 8LIJSPPS[MRKMWEHHIHXS4EVEKVETL 8VERWJIV 3J6MKLXW3J6IGSZIV]%KEMRWX3XLIVW8S 9W SJ7)'8-32 -: z '311)6'-%0 +)2)6%0 0-%&-0-8='32(-8-327 -JXLIMRWYVIHLEWEKVIIHMRE[VMXXIRGSRXVEGXSV EKVIIQIRX XS [EMZI XLEX MRWYVIH W VMKLX SJ VIGSZIV]EKEMRWXER]TIVWSRSVSVKERM^EXMSR[I [EMZISYVVMKLXSJVIGSZIV]EKEMRWXWYGLTIVWSR SVSVKERM^EXMSRFYXSRP]JSVTE]QIRXW[IQEOI FIGEYWISJ E&SHMP] MRNYV] SV TVSTIVX] HEQEKI XLEX SGGYVW SV F4IVWSREPERHEHZIVXMWMRKMRNYV]GEYWIHF] ERSJJIRWIXLEXMWGSQQMXXIH WYFWIUYIRX XS XLI WMKRMRK SJ XLEX GSRXVEGX SV EKVIIQIRX AGREEMENT FOR LANDSCAPE ARCHITECTURAL DESIGN SERVICES FOR A PARKING LOT SCHMIDT DESIGN GROUP, INC. r\f"HIS AGREEMENT is made and entered into as of the / let:b day of R:::::)9--C o mbQ,,A, , 20J.j by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Schmidt Design Group, Inc., a California corporation. ("Contractor"). RECITALS A. City requires the professional services of a landscape architecture firm that is experienced in parking lot design. B. Contractor has the necessary experience in providing professional services and advice related to develop construction documents and specifications for a parking lot at Poinsettia Community Park. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised 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. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be thirty-five thousand dollars ($35,000.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000.00) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 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 negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in 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 City Attorney Approved Version 6/12/18 2 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 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL} Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 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 City Attorney Approved Version 6/12/18 3 maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product 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. For City Name Tim Selke Title Parks Services Manager Department Parks & Recreation City of Carlsbad Address 799 Pine Avenue, Suite 200 Carlsbad, CA 92008 Phone No. 760-434-2857 For Contractor Name Jeffrey T. Barr Title Principal Address 1310 Rosecrans St, Ste G San Diego, CA 92106 Phone No. 619-236-1462 Email jtbarr@schmidtdesign.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 6/12/18 4 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes IZI No □ 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and City Attorney Approved Version 6/12/18 5 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. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 6/12/18 6 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By:~ ~gn~ (print name/title) By~ (sign--)---..... (print name/tit ) CITY OF CARLSBAD, a municipal corporation of the State of California By: City a er or Mayor or Division Director as aut on ed by the City Manager ATTEST: \.:b LOX< HA_Kffk-7lk~ iv~RBARA ENGLESON I/' vny Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group 8 Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 6/12/18 7 EXHIBIT "A" SCOPE OF SERVICES Schmidt Design Group, Inc. (SDG) will develop construction documents and specifications for a parking lot at Poinsettia Community Park in an area generally located west of the main park entrance on Hidden Valley Road, south of the pickleball courts. SCOPE OF SERVICES TASK 1 -CONSTRUCTION DOCUMENTS 1. Landscape Construction Plans and Details: Plans and details will illustrate the layout and placement of elements including sidewalks, parking stalls, charging stations, and planting areas. Details will be provided or reference appropriate City or Regional standards. 2. Landscape Construction Materials and Finish Schedule: The schedule will denote the manufacturer, model number, color, and finish of all proposed improvements. 3. Grading & Drainage Plans: Fuscoe will prepare 100% construction documents for permit processing. Plans will include onsite precise grading and wet utility plans, including stub out of wet utilities for future restroom. 4. Technical Reports: Fuscoe will prepare a Drainage Study and PDP Storm Water Quality Management Plan (SWQMP). The Drainage Study will analyze the 100-year storm event and will illustrate that the storm event is safely conveyed through the proposed project. The SWQMP will be prepared in accordance with the City of Carlsbad BMP Design Manual and will document post-construction BMP sizing and design. SWQMP will address hydromodification and pollutant control BMPs. Parks Division will process the Drainage Study and SWQMP for approval through the permitting process. The SWQMP analysis shall include the footprint of the future restroom. 5. Electrical Plans: Alagia Engineering will provide lighting design including branch circuiting, EV charging stations (4), and fixture selections, details. Photometric calculations will be confirmed and adjusted based on final design parameters of the parking lot. Single line diagram, panel schedules and branch circuiting as well as details will be completed. Conduit systems shall be designed for CCTV cameras or other systems with the direction of the City. Hardware and cabling will be provided by the City. Electrical book specifications in CSI format will be prepared. Title 24 Calculations and Compliance Forms will be completed. Electrical Plans shall include electrical circuits for the future restroom. 6. Landscape Plans and Details: Plans will indicate the locations, sizes, and species of all landscape materials. Details will be provided or will reference appropriate City standards. 7. Irrigation Plans and Details: Plans will consist of a listing of irrigation system components including irrigation heads, valves, and smart controllers (manufacturer and equipment model numbers). The irrigation system will be designed to meet local water conservation requirements. Details will be provided or will reference appropriate City standards. City Attorney Approved Version 6/12/18 8 8. Cost Estimation: SDG will prepare a rough order of magnitude cost estimate based on the construction document plans and specifications. 9. Specifications: Technical specifications will be prepared using CSI formatted sections. 10. Submittals: SDG will provide a 100% Construction Document package for submittal. It is assumed the 100% submittal will constitute the first permit submittal to the City. 11. Meetings: We anticipate attending one (1) meeting total; attended by two (2) SDG staff. TASK 2 -PERMITTING 1. Permit Processing: SDG will revise the plans per City, Esgil and DEH comments. It is anticipated that plans will be provided to Parks Division for processing through the various City departments. A total of two (2) minor revision cycles are included in this scope of work. SCHEDULE OF FEES The following fees are proposed for the scope of work outlined above. Total Agreement amount shall not exceed thirty-five thousand dollars ($35,000.00) ITEM NO. DESCRIPTION PRICE 1 Construction Documents $ 27,220.00 2 Permittinq (T&M) Not to Exceed Amount $ 6,100.00 3 Reimbursable Expenses (Estimate) $ 1,500.00 4 As Needed Services, as requested and approved by $ 180.00 City TOTAL $35,000.00 A. Additional Services Hourly Billing Rates Fees will be charged for technical work, consultation, and additional services. Charges will be made for typing, as in the preparation of reports, and for time and costs of printing. No direct charges will be made for normal secretarial services, office management, or general accounting. Hourly Rates Principal Landscape Architect/President ............................................... $225/hour Principal Landscape Architect ............................................................... $185/hour Senior Associate Landscape Architect .................................................. $155/hour Associate Landscape Architect. ............................................................ $140/hour Senior Project Manager/Licensed Landscape Architect.. ...................... $120/hour Project Manager ...................................................................................... $95/hour Landscape Designer ............................................................................... $85/hour Landscape Drafter ................................................................................... $75/hour Clerical/Typist. ......................................................................................... $65/hour City Attorney Approved Version 6/12/18 9 B. Reimbursable Expenses It is assumed that all deliverable reproductions will be printed by the City's preferred reprographics company. Ancillary reimbursable expenses will be billed at cost. In-house plotting will be charged between $.75 and $7.75 per square-foot depending on color and paper type. C. Mileage & Travel Mileage in the interest of the client will be charged at the current GSA Mileage Reimbursement Rates. Time spent in travel in the interest of the client will be charged at hourly rates. A minimum of one (1) hour will be charged for any site visit. ASSUMPTIONS AND EXCLUSIONS A. All application and submittal fees will be paid by the City. B. A geotechnical report, including infiltration rates, will be provided by the City. C. Structural engineering will be contracted separately by the City. D. The City will provide a topographic survey to the design team. Surveying is excluded. E. Designing to LEED or SITES standards and/or associated documentation is excluded. F. Staking during construction is excluded. G. Construction administration services are excluded. H. Attendance at any additional meetings not already identified in the scope above will be considered additional. Additional meetings will be billed on a time and materials basis. I. Additional submittals not specifically outlined in this scope of work will be considered additional services. J. Sports lighting is excluded. K. Value engineering after the 100% construction document submittal is excluded. L. Environmental services and documentation are excluded. M. Design beyond the limits of the area of work are excluded. City Attorney Approved Version 6/12/18 10 ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYY) ~ 3/10/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ~~:{~cT Certificate Department Cavignac & Associates fa~gN,Jn "•"· 619-744-0574 I r..e~ Nol: 619-234-8601 450 B Street, Suite 1800 San Diego CA 92101 ~~o~~ss· certificates@lcaviqnac.com INSURER($) AFFORDING COVERAGE NAIC# INSURER A: Travelers Property & Casualty Company of America 25674 INSURED SCHMDES-01 INSURER B : XL Soecialtv Company 37885 Schmidt Design Group INSURER C: 1310 Rosecrans Street, Suite G San Diego, CA 92106 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1806817823 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01\"v'ITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 111/HICH 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 EFF POLICY EXP LIMITS LTR •••en '""'"" POLICY NUMBER I MM/00/YYYYI IMM/00/YYYYI A X COMMERCIAL GENERAL LIABILITY y 6805H959099 1/1/2019 1/1/2020 EACH OCCURRENCE $2,000,000 I--0 CLAIMS-MADE 0 OCCUR UAMA(jl: l U REN 1 ~u 1--PREMISES (Ea occurrence) $1.000.000 X Contractual Liab MED EXP (Any one person) $10.000 1-- X 1--Cross Liab PERSONAL & ADV INJURY $2.000.000 GEN"L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4.000,000 Fl POLICY 0 m§',: □ LOC PRODUCTS -COMP/OP AGG $4,000.000 OTHER: Deductible so A AUTOMOBILE LIABILITY BA5G389226 1/1/2019 111/2020 COMBINED SINGLE LIMIT s,,,,,,,,,,,,, 1--(Ea accident) X ANY AUTO BODILY INJURY (Per person) $ 1--ALL OWNED -SCHEDULED BODIL y INJURY (Per accident) $ I--AUTOS 1--AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS I Per accident\ >--I--$ A X UMBRELLA LIAB H OCCUR CUP6G528554 1/1/2019 111/2020 EACH OCCURRENCE $1,000,000 1-- EXCESS LIAB CLAIMS-MADE AGGREGATE S 1,000.000 OED I X I RETENTION $ n $ A WORKERS COMPENSATION UBOJ495455 111/2019 111/2020 X I ~ffTuTE I I OTH-ER AND EMPLOYERS" LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ NIA E.L. EACH ACCIDENT s 1.000.000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 ~~ii~rtt~ tt~PERATIONS beow E.L. DISEASE -POLICY LIMIT $1,000,000 B Professional Liability DPR9935728 111/2019 1/1/2020 Ea Claim & Aggr Limit $2.000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Re: Landscape Architectural Services. Additional Insured coverage applies to General Liability for City of Carlsbad per policy form. Primary and Non-Contributory coverage applies to General Liability per policy form. Excess/Umbrella policy follows form over underlying policies: General Liability, Auto Liability & Employers Liability (additional insured and waiver of subrogation apply). Professional Liability -Claims made form, defense costs included within limit. If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium Cavignac & Associates will provide 30 days notice of such cancellation or nonrenewal. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad 799 Pine Avenue, Suite 200 AUTHORIZED REPRESENTATIVE Carlsbad CA 92008 %0"'·~ I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 6805H959099 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD425 (07-08) -OTHER INSURANCE ADDITIONAL INSUREDS PRIMARY AND NONCONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE -ADDITIONAL INSUREDS -PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4. a., Primary Insurance, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you specifically agree in a written contract or agreement that the insurance afforded to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought is caused by an "occurrence" that takes place; and (2) The "personal injury" or "advertising injury" for which coverage is sought arises out of an offense that is committed;subsequent to the signing and execution of that contract or agreement by you. CG D4 25 07 08 2008 The Travelers Companies, Inc. CG TS 01 12 18 Page 1 of 1 GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 6805H959099 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2404 (10-93) -WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that you have agreed in a written contract or agreement to waive your right of recovery against, but only for payments we make because of: 1."Bodily injury" or "property damage" that occurs; or 2."Personal injury" or "advertising injury" caused by an offense committed; after you have executed that contract or agreement. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV-COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazards." This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 CG TS 02 12 18 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 6805H959099 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2404 (10-93) -WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 CG TS 02 12 18 Page 2 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 6805H959099 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) -ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed and executed by you before, and is in effect when, the "bodily injury or "property damage" occurs. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS:Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II -WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE" CAUSED, IN WHOLE OR IN PART, BY "YOUR WORK" AT THE LOCATION DESIGNATED AND DESCRIBED IN THE SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR THAT ADDITIONAL INSURED AND INCLUDED IN THE "PRODUCTS-COMPLETED OPERATIONS HAZARD". CG 20 37 07 04 CG TS 04 12 18 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 6805H959099 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) -ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: Copyright ISO Properties, Inc. 2004 CG TS 04 12 18 Page 2 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 6805H959099 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) -ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed and executed by you before.and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II -WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONALINSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE", PERSONAL INJURY OR "ADVERTISING INJURY" CAUSED, IN WHOLE OR IN PART, BY: 1. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF; IN THE PERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONAL INSURED(S) AT THE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, CG TS 03 12 18 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 6805H959099 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) -ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THE FOLLOWING ADDITIONAL EXCLUSIONS APPL Y:THIS INSURED DOES NOT APPLY TO "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURRING, OR "PERSONAL INJURY" OR "ADVERTISING INJURY" ARISING OUT OF AN OFFENSE COMMITTED, AFTER: 1. ALL WORK, INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN CONNECTION WITH SUCH WORK, ON THE PROJECT (OTHER THAN SERVICE, MAINTENANCE OR REPAIRS) TO BE PERFORMED BY OR ON BEHALF OF THE ADDITIONAL INSURED(S) AT THE LOCATION OF THE COVERED OPERATIONS HAS BEEN COMPLETED; OR 2. THAT PORTION OF "YOUR WORK" OUT OF WHICH THE INJURY OR DAMAGE ARISES HAS BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHER THAN ANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR A PRINCIPAL AS A PART OF THE SAME PROJECT. CG D3 610305 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG TS 03 12 18 Page 2 of 2