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HomeMy WebLinkAboutSchneider CM Inc; 2023-09-28; PSA24-2299FACDocuSign Envelope ID: EA6DO59F-FF83-4F23-8546-235C 18016AB0 PSA24-2299FAC AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR VETERANS MEMORIAL PARK, PROJECT NO. 4609 SCHNEIDER CM, INC. AGREEMENT is made and entered into as of the L, B � day of ____ _,.__........,'---t,___. ___ � 2023, by and between the City of Carlsbad, California, a municipal THI y"), and Schneider CM, Inc., a California corporation ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in constructionmanagement and inspection services. B. Contractor has the necessary experience in providing professional services and advicerelated to construction management and inspections. C.Contractor has submitted a proposal to City under RFP23-2128CMI and has affirmed itswillingness 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 WORKCity 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 PERFORMANCEWhile 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.TERMThe term of this Agreement will be effective for a period of thirty (30) months from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year period or parts thereof. Contractor shall not commence any activities under this PSA until a written notice to proceed is provided by the City's Municipal Projects Manager. 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 ESSENCETime is of the essence for each and every provision of this Agreement. s.COMPENSATIONThe total fee payable for the Services to be performed during the initial Agreement term will be one million three hundred ninety thousand one hundred sixty four dollars ($1,390,164.00). 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 be established at the time the amendment is negotiated and is subject to the availability of funds. The City reserves the right to City Attorney Approved Version 5/25/2023 Page 1 of 13 ~LI) corporation ("Ch PSA24-2299FAC City Attorney Approved Version 5/25/2023 Page 2 of 13 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." 6.PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7.CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 8.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. DocuSign Envelope ID: EA6DD59F-FF83-4F23-8546-235C18016AB0 PSA24-2299FAC City Attorney Approved Version 5/25/2023 Page 3 of 13 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. 9.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. 10.OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 11.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. 12.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. DocuSign Envelope ID: EA6DD59F-FF83-4F23-8546-235C18016AB0 PSA24-2299FAC City Attorney Approved Version 5/25/2023 Page 4 of 13 12.1 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. 12.1.1 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. 12.1.2 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. 12.1.3 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. 12.1.4 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. 12.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 12.2.3 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. 12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.4 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. DocuSign Envelope ID: EA6DD59F-FF83-4F23-8546-235C18016AB0 PSA24-2299FAC City Attorney Approved Version 5/25/2023 Page 5 of 13 12.5 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. 13.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. 14.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. 15.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. 16.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. 17.NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Steve Didier Name Carl Schneider Title Municipal Projects Manager Title Project Manager Department Public Works Address 6353 El Camino Real, Suite C City of Carlsbad Carlsbad, CA 92009 Address 1635 Faraday Ave Phone No. 619-905-5522 Carlsbad, CA 92008 Email carl.schneider@schneidercm.net Phone No. 760-994-9485 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. DocuSign Envelope ID: EA6DD59F-FF83-4F23-8546-235C18016AB0 PSA24-2299FAC City Attorney Approved Version 5/25/2023 Page 6 of 13 18.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 as required in the City of Carlsbad Conflict of Interest Code. Yes ☒ No ☐ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 19.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. 20.DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21.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. 22.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 DocuSign Envelope ID: EA6DD59F-FF83-4F23-8546-235C18016AB0 Carl Schneider 619-905-5523Carl.Schneider@SchneiderCM.net PSA24-2299FAC City Attorney Approved Version 5/25/2023 Page 7 of 13 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. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party 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. 23.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. 24.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. 25.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. DocuSign Envelope ID: EA6DD59F-FF83-4F23-8546-235C18016AB0 PSA24-2299FAC City Attorney Approved Version 5/25/2023 Page 8 of 13 26.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. 27.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. [signatures on following page] DocuSign Envelope ID: EA6DD59F-FF83-4F23-8546-235C18016AB0 DocuSign Envelope ID: EA6OO59F-FF83-4F23-8546-235C18016AB0 PSA24-2299FAC 28.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 SCHNEIDER CM, INC., a California corporation By: (sign here) Carl Schneider, President and Chief Financial Officer (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Keith Blackburn, Mayor ATTEST: for Sherry Freisinger, City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. � corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: __ bi._�_f\-t.m.r. __ � ____ _ Deputy City Attorney City Attorney Approved Version 5/25/2023 Page 9 of 13 t It 6353 El Camino Real, Suite C Carlsbad, CA 92009 Tel: 619-905-5522 Fax: 888-638-1504 Exceeding your Project, Construction Management, and Consulting needs 17 August 2023 Attn: Steve Didier Municipal Projects Manager City of Carlsbad 1635 Farady Avenue Carlsbad, CA 92008 Subject: FEE SCHEDULE for City of Carlsbad Veterans Memorial Park Construction Management Services Dear Mr. Didier In response to the City of Carlsbad’s Request for Proposals for Construction Management services for the Veterans Memorial Park, below is our revised fee proposal. Since the tasks identified in the RFP overlap with each other and many are performed concurrently, our time estimate is broken down instead by project phase. SchneiderCM’s Fee Proposal is based on the scope of work in the proposal and per the estimated number of hours per the staffing plan shown attached: Staffing Plan •Senior Construction Manager, Robert Polley: (4,104 man-hours) o 50% time during pre-construction o 100% time during construction o 50% time during closeout •Field CM, Connor Markart (2,076 man-hours) o 50% time during construction (18 months) o 100% time during closeout •Administrative Support (1,198 man-hours) o 25% time during construction (18 months) o 100% time during closeout •Estimating: o 30% time at front-end for budget work & periodic as needed (100 man-hours) •Scheduling: o Periodic as needed, see resource chart (218 man-hours) •Principal: o Periodic as needed for oversight and problem solving (208 man-hours) Fee Our fee encompasses all the tasks outlined in the scope of work indicated in the RFP and are summarized by hourly rate as shown on the following page. Hourly rates are adjusted 7% annually for inflation. PSA24-2299CMI Exhibit "A" Page 10 of 13 DocuSign Envelope ID: EA6DD59F-FF83-4F23-8546-235C18016AB0 SchneiderC;:ff 6353 El Camino Real, Suite C Carlsbad, CA 92009 Tel: 619-905-5522 Fax: 888-638-1504 Exceeding your Project, Construction Management, and Consulting needs Year 1 (NTP+12 months): o Senior CM: 1,208 hours x $185/hr:$236,000 o Field Engineer: 340 hours x $165/hr:$ 56,100 o Administrative Support: 170 hours x $85/hr:$. 14,450 o Estimating: 100 hours x $165/hr:$ 16,500 o Scheduling: 64 hours x $165/hr:$ 10,560 o Principal: 64 hours x $200/hr:$ 12,800 •SUB-TOTAL:$347,210 Year 2 (the following 12 months): o Senior CM: 1,992 hours x $198/hr:$394,416 o Field Engineer: 996 hours x $177/hr:$176,292 o Administrative Support: 498 hours x $91/hr:$ 45,318 o Estimating: 0 hours x $177/hr:$ 0 o Scheduling: 114 hours x $177/hr:$ 20,176 o Principal: 96 hours x $214/hr:$ 20,544 •SUB-TOTAL:$656,748 Year 3 (the following 12 months): o Senior CM: 832 hours x $212/hr:$176,384 o Field Engineer: 740 hours x $189/hr:$139,860 o Administrative Support: 530 hours x $97/hr:$ 51,410 o Estimating: 0 hours x $189/hr:$ 0 o Scheduling: 40 hours x $189/hr:$ 7,560 o Principal: 48 hours x $229/hr:$ 10,992 •SUB-TOTAL:$386,206 TOTAL FEE: $1,390,164 SchneiderCM’s Year 1 hourly CM rate of $185/hr is broken down to direct costs of $113.77/hr with a multiplier of 2.4 (calculated as fee/wage). Costs are in dollars per hour and fully burdened (including travel). Costs increase at 7% per annum to account for inflation as shown in the table above. 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. PSA24-2299CMI Exhibit "A" (Cont.) Page 11 of 13 DocuSign Envelope ID: EA6DD59F-FF83-4F23-8546-235C18016AB0 SchneiderC;:ff City of Carlsbad, Veterans Memorial Park Staff Utilization Report M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D 1 2 3 4 5 6 Project Management Assistance 7 Construction NTP 8 Submittals & Shop Drawing Review/Approve 9 Construction Phase (18-Months) 10 Project Close-out (2-Months) 11 Completion t Staffing Resource (hrs/mo)Labor Hours 0 40 80 120 120 80 80 40 40 160 168 176 176 152 176 176 160 176 152 168 168 152 168 176 168 160 176 168 168 80 80 0 4104 0 0 0 0 0 0 0 0 0 80 84 88 88 76 88 88 80 88 76 84 84 76 84 88 84 80 88 84 168 176 144 0 2076 0 0 0 0 0 0 0 0 0 40 42 44 44 38 44 44 40 44 38 42 42 38 42 44 42 40 44 42 84 176 144 0 1198 0 20 30 0 0 0 0 0 20 30 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 100 0 0 0 0 0 0 0 0 0 20 40 2 2 2 32 2 2 2 2 32 2 2 2 2 32 2 2 2 32 2 0 0 218 0 4 4 4 4 4 4 4 4 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 0 208 7904 2023 2025Activity ID Principal Estimating Scheduling Contractor Pre-Qualification Review and Construction RFP Senior Construction Manager Constructability and Budget Review Construction Document and RFQ Development Final Design Approval Bid Phase-Issue RFQ for Prequlaification 2024 Assistant Construction Manager / Field Engineer Administrative Support 0 80 160 M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D 2023 2024 2025 Ma n H o u r s p e r M o n t h Time in Months/Years Staff Utilization Chart Senior Construction Manager Assistant Construction Manager / Field Engineer Scheduling Administrative Support Estimating Principal PSA24-2299CMI Exhibit "A" (Cont.) Page 12 of 13 DocuSign Envelope ID: EA6DD59F-FF83-4F23-8546-235C18016AB0 SchneiderCfil """ City of Carlsbad, Veterans Memorial Park Staff Utilization Report Cost Calculation x7%x7% Year 1 Hrs Year 1 Rate Year 1 Sub-Total Year 2 Hrs Year 2 Rate Year 2 Sub-Total Year 3 Hrs Year 3 Rate Year 3 Sub-Total TOTAL 1280 185$ 236,800$ 1992 198$ 394,416$ 832 212$ 176,384$ 807,600$ 340 165$ 56,100$ 996 177$ 176,292$ 740 189$ 139,860$ 372,252$ 170 85$ 14,450$ 498 91$ 45,318$ 530 97$ 51,410$ 111,178$ 100 165$ 16,500$ 0 177$ -$ 0 189$ -$ 16,500$ 64 165$ 10,560$ 114 177$ 20,178$ 40 189$ 7,560$ 38,298$ 64 200$ 12,800$ 96 214$ 20,544$ 48 229$ 10,992$ 44,336$ 347,210$ 656,748$ 386,206$ 1,390,164$ Principal Senior Construction Manager Assistant Construction Manager / Field Engineer Administrative Support Estimating Scheduling PSA24-2299CMI Exhibit "A" (Cont.) Page 13 of 13 DocuSign Envelope ID: EA6DD59F-FF83-4F23-8546-235C18016AB0 SchneiderCf:fl 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 7/5/2023 License # 0E67768 (619) 574-6220 (619) 574-6288 13056 SchneiderCM, Inc. 6353 El Camino Real, Suite C Carlsbad, CA 92009 20443 A 2,000,000 X PSB0001593 7/1/2023 7/1/2024 1,000,000 Cont Liab/Sev of Int 10,000 2,000,000 4,000,000 4,000,000 2,000,000A PSB0001593 7/1/2023 7/1/2024 No Co. Owned Autos A X PSW0001591 7/1/2023 7/1/2024 1,000,000 1,000,000 1,000,000 B Prof LIab/Clms Made MCH591889923 7/1/2023 Per Claim 3,000,000 B Ded.: $10K Per Claim MCH591889923 7/1/2023 7/1/2024 Aggregate 3,000,000 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. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668- ECM #35050 New York, NY 10163-4668 SCHNINC-02 LOVELACEJ IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 RLI Insurance Company Continental Casualty Company X 7/1/2024 X X X X X X X DocuSign Envelope ID: EA6DD59F-FF83-4F23-8546-235C18016AB0 ACORD" I ~ I ~ □ □ ~ ~ ~ □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I DocuSign Envelope ID: EA6DD59F-FF83-4F23-8546-235C18016AB0 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 DocuSign Envelope ID: EA6DD59F-FF83-4F23-8546-235C18016AB0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 0403 06 {Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to reoover 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 applles 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 Callfornla 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. Thia endor111ment changas the policy lo which It Is attached and la effectt\la on Iha date 199Ued 11nle111 otherwlae stated. jTha Information below 11 required only whtn thl• •ndor9ama nt l1 l11uad 1 ub11quant to praparatlon of tho pollc.y.) lnaured SchnelderCM1 Inc. Polley No. f:>SW0001591 ln11utance Company ~LI lnaura11ee CompbtiY Endoreement No. CoUhleral~ned By ____________________ _ C1 OD8 by the Worklta1 companaatlon lnaurance A11U11a euraau of C11Ufornl1. All tights rHarvad.