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HomeMy WebLinkAboutSchneiderCM Inc; 2017-11-08; GS1630GS1630 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR FIRE STATION NO. 2 CONSTRUCTION MANAGEMENT SERVICES SCHNEIDERCM, INC. This Amendment No. 1 is entered into and effective as of the _______ day of ___________________________, 2019, extending the agreement dated November 8, 2017 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and SchneiderCM, Inc., a California Corporation, (“Contractor") (collectively, the “Parties”) for the continuation of Fire Station No. 2 Construction Management Services. RECITALS A. The Parties desire to extend the Agreement for an additional period of one (1) year. NOW, THEREFORE, in consideration of this recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending November 7, 2020, for no additional cost. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: F289A789-79AC-4F4E-9A96-5F119BFEC2FD October 15th GS1630 City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR, SCHNEIDERCM, INC., A California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) For Scott Chadwick, City Manager Carl Schneider / CEO (print name/title) ATTEST: By: (sign here) For Barbara Engleson, City Clerk Carl Schneider / CFO (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: F289A789-79AC-4F4E-9A96-5F119BFEC2FD ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/26/2019 License # 0E67768 (949) 297-0036 52026 (949) 297-5960 13056 SchneiderCM, Inc. 7459 Circulo Sequoia Carlsbad, CA 92009 20443 A 2,000,000 X PSB0001593 7/1/2019 7/1/2020 1,000,000 Add’l Insd/Prim/WOS 10,000 Form# PPB3040212 2,000,000 4,000,000 4,000,000 2,000,000A PSB0001593 7/1/2019 7/1/2020 A X PSW0001591 7/1/2019 7/1/2020 1,000,000 1,000,000 1,000,000 B Prof Liab; Clms-Made MCH591889923 7/1/2019 Per Claim 2,000,000 B $10K Per Clm Ded MCH591889923 7/1/2019 7/1/2020 Aggregate 4,000,000 Re: Fire Station #3, CIP #40031 (CM/Inspection/Testing Services) City of Carlsbad it's officers, agents, employees, and volunteers are Additional Insureds on a Primary and Non-Contributory basis with respect to General Liability as required by written contract. Waiver of Subrogation applies to Workers Compensation as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD 1635 Faraday Avenue Carlsbad, CA 92008 SCHNINC-02 FRENCHD IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 Danielle French Danielle.French@ioausa.com RLI Insurance Company Continental Casualty Company X 7/1/2020 X X X X X X X GS1630 AGREEMENT FOR FIRE STATION 2 CONSTRUCTION MANAGEMENT SERVICES SCHNEIDERCM, INC. 1 ] THIS AGREEMENT is made and entered into as of the 1>~ day of N()\)tj!l/'\'o ,,_r:i , 2ofl, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and SCHNEIDERCM, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in consulting services. B. Contractor has the necessary experience in providing professional services and advice related to consulting services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be based on time and materials, and will not exceed three hundred ninety-one thousan five hundred dollars ($391,500). 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 one hundred thousand dollars ($100,000) 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 4/1 /15 GS1630 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 empioyed 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 iess 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 City Attorney Approved Version 4/1 /15 2 GS1630 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 Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 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 maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 4/1 /15 3 GS1630 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 Steven Stewart Title Municipal Projects Manager Department Public Works City of Carlsbad Address 1635 Faraday Av Carlsbad, CA 92008 Phone No. (760) 602-7543 For Contractor Name Carl Schneider Title Project Manager Address 7459 Circulo Sequoia Carlsbad.CA 92009 Phone No. (619) 905-5522 Email carl.schneider@schneidercm.net Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. City Attorney Approved Version 4/1 /15 4 GS1630 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 pmduct delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 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 City Attorney Approved Version 4/1 /15 5 GS1630 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 4/1 /15 6 GS1630 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 SCHNEIDERCM, INC., a California corporation By: (sign here) CN2L ScA--lt0~1De-'6(__ / (Ci~S/1)(?&.Sr. (print name/title) --~-~ ~~ (sign here) C/W,,{_ t;c:{~ p,;:-e_ I OFO (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: \ Ir R' _J{/_;y(hAQ, I .111111~ Barbara Engleson, City Clerk~ If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ~tie.~~-----=----Deputy City Attorney City Attorney Approved Version 4/1 /15 7 General EXHIBIT"A" SCOPE OF SERVICES Fire Station 2 Construction Management Consultant Services GS1630 The scope of the preconstruction and construction services requested of the Construction Management Consultant (CMC) is listed below for the Fire Station 2 Reconstruction Project. In preparation for this project, some project criteria have been developed by city staff in coordination with representatives from the Fire Department. 1. PRECONSTRUCTION SERVICES TASK 1.1 Programmcng / Bridging Doci.;ment Dievelopment. Coordinate and meet with the city's Municipal Proiects Manager and support staff during the programming phase and advise the city during the preparation of the Request for Qualifications (RFQ) for bridging consultant services and the selection of a bridging consultant. Coordinate and meet with bridging consultant and city staff as necessary during the development of the bridging documents. TASK 1.2 Project Document Review Review and provide comments on the project construction documents which will consist of the city's Standard Public Works Contract, General Provisions, Supplemental Provisions, Technical Specifications and Appendices, and the project bridging documents. Document review will be for inconsistency and constructability. Appendices may include a soils report, SWQMP and SWPPP or other environmental and engineering documents. TASK 1.3 Opinion of Probable Cost Review the estimate of probable construction cost prepared by bridging consultant based on the conceptual and 20% design documents in order to identify any recommended refinements or modifications that can be incorporated into the final bridging documents to ensure that the project can be constructed within the established budget. The review shall take into consideration area and quantity take-offs, labor and material costs, allowances for general conditions, city costs, and contingencies. Prior to final approval of bridging documents, CMC will review the updated estimate prepared by the bridging consultant following incorporation of all final changes recommended by CMC and city staff. TASK 1.4 Design Build Contractor Evaluation Phase Provide pre-construction management and administration support services during the project advertising phase which will include review of the RFQ and subsequent Request for Proposal (RFP) for Design Build Contractors (Contractors). CMC will also coordinate pre-proposal site visits by Contractors and participate in the evaluation of Contractor proposals. TASK 1.5 Preconstruction Conference CMC will chair the Preconstruction Conference with city staff and the selected Contractor and take a lead role in discussing the overall project objectives, responsibilities of key personnel and agencies, schedules, schedule of values, procedures for handling submittals, correspondence, utility relocations, local agency permit requirements, requests for clarification, progress payments, change orders, and other pertinent topics. Provide opportunities to have the Contractor's questions answered. See paragraph 2.5. City Attorney Approved Version 4/1 /15 8 GS1630 2. CONSTRUCTION SERVICES TASK 2.1 Contract Administration/Management The CMC shall be responsible for assisting the city's Municipal Projects Manager and support staff with all aspects of contract compliance, change/claims processing, negotiations and contract interpretation and enforcement. The CMC shall oversee, perform, and coordinate work included within this scope of service, as directed by the city. The CMC shall: prepare reports, letters and memoranda; attend meetings; coordinate testing and specialty services; review daily testing/inspection notes and identify and report nonconforming items; notify the city of significant problems and discrepancies; assist the city with interpreting drawings, specifications and reference standards; monitor construction activities and schedules; assist the city with resolving constructability problems; coordinate connections and operations; review and notify the Contractor of test results; investigate claims; review the Contractor's Record Drawings periodically and concurrently with Contractor progress payments; and prepare project punch lists, etc. TASK 2.2 Reports and Communications All relevant project communications shall be documented and promptly distributed to the city and applicable parties. All original project documents and final project reports shall be furnished to the city within 60 days following filing of the Notice of Completion. Weekly progress reports shall be prepared and submitted (electronically) to the city's Municipal Projects Manager and shall include the following elements: a) Summary of the prior week's main accomplishments and current construction activities. Include an evaluation of previous week's report of expected task completion vs. actual. b) Overall Contractor's conformance to contract schedule and quality requirements. This will include a schedule comparison showing all new tasks, deleted tasks, changed tasks and duration changes. Working with the contractor, prepare weekly Planned Percent Complete (PPC) calculations of all planned activities. c) Identification of problems, action items and issues with recommended solutions. d) Summary of progress payments, change orders, disputes, submittals, RFl's, and Notices of Noncompliance. e) Photographs of representative project activities printed and electronically stored. f) Provide list of deviation activities and any corrections taken/planned. TASK 2.3 Photo Documentation Take and share construction documentation photographs on a regular basis. Maintain a digital photographic library of all significant construction activities. Provide unique file names for photos with date and location information included. Take additional photographs to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. Incorporate new software capabilities (Blue Beam, etc.) that allow photographs taken in the field to be linked to a PDF of the site plan/drawing/detail of the photographed location. A report of these photos linked to their location is to be provided weekly. Photos shall be uploaded to the approved project document management site regularly. 9 GS1630 TASK 2.4 Construction Progress Meetings Schedule and attend weekly construction progress meetings with the Contractor and city staff. Discuss the schedule, near-term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, safety issues, etc. TASK 2.5 Shop Drawings and Submittal Reviews Submittal review and approval are the responsibility of the Contractor's Designer of Record; however, copies will be provided to the CMC and city. The CMC shall be responsible for processing and monitoring the status of all submittals. The CMC shall provide a detailed review of the Contractor's submittals for coordination upon receipt. Review of the Contractor's construction schedule and weekly updates shall be the sole responsibility of the CMC with input provided from the city. Exception reports. that identify outstanding subm1ttals or reviews needed, shall be prepared monthly by the CMC. Preliminary lists of initial submiV:al requirements shall be prepared by the CMC and issued at the Preconstruction Conference. TASK 2.6 Construction Services The CMC will be responsible for project oversight and will work with city staff responsible for code compliance. The CMC will prepare daily reports of the construction activities including weather conditions, Contractor's equipment and manpower, work performed, materials used, site visitors, delays in work and reasons for the delays, and deficiencies. Perform observations at the job site as required to review materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. The CMC may not authorize extra work or approve of work that deviates from the contract documents The CMC will coordinate material deliveries, inspect materials as they arrive on site, and verify that all materials and equipment meet contract requirements and are properly stored. The CMC will walk the site daily, review any site SWPPP issues and coordinate with any material testing consultants. TASK 2.7 Progress Payments The CMC will review and submit all invoices to the city's Municipal Projects Manager with a recommendation for the proper amount for payment using the schedule of values and actual quantities of installed work as a basis for evaluating payment requests. The city will provide a format for monthly progress payments. TASK 2.8 Contractor's Claims and Change Orders In the event of a claim or change order request, CMC will assist the city's Municipal Projects Manager in negotiating all claims to an agreed upon r.ontractor/CMC/city conclusion. Prepare a report providing statement of claim, e;dra work, or change; background ;eading to issue; resolution alternatives; and resolution recommendation for action by the city. Provide the lead role and support tc the city in resolving claims and disputes. This may include: written responses to Contractors and private parties, giving depositions, assisting with arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources or design services for replacement of damaged work, and services made necessary by contractor default. (Total not to exceed $391,500) 10 EXHIBIT "A" TABLE 1 FEE ALLOTMENT GS1630 Fire Station 2 Construction Management Services TASK GROUP TIME & MATERIALS (NTE) FEE Construction support services • PreConstruction; Sr. Construction Manager; 300 hrs@ $145/hr $43,500 • Construction; Sr. Construction Manager; 1,700 hrs@ $145/hr $246,500 Project Closeout; Sr. Construction Manager; 700 hrs@ $145/hr $101,500 TOTAL (Not-to-Exceed) $391,500.00 11 City Attorney Approved Version 4/1/15 l I ' i SCHNINC-02 FRENCHD ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 6/27/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riahts to the certificate holder in lieu of such endorsement(s). PRODUCER License# OE67768 ~2AA!~CT Danielle Fnin~h IOA Insurance Services j,JJg_Nfio, Ext): (949) 297-0036 52026 1 r..e~, No):(949) 297-5~6_() 4370 La Jolla Village Drive E MAIL D • II F h@i ----- Suite 600 ADDREss, ame e. renc 1oa_ui:1a.com San Diego, CA 92122 INSURER(S) AFFORDING COVERAGE NAIC# ------- ---------------------1NsuRER A, RLI lnsuranc:El _Company ------1305L ____ INSURED 1NsuRER B, Continental Casualtv Comoanv 20443 SchneiderCM, Inc. INSURERC: -- 7459 Circulo Sequoia INSURER D: -----------------Carlsbad, CA 92009 INSURER E: ------- INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ ---------INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS I Tl> IN<::n ,.n,n A ~ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 I_LJ CLAIMS-MADE 0 OCCUR X PSB0001593 07/01/2017 07/01/2018 DAMAGE TO RENTED 1,000,000 ~RE_MLSE.S tEa occurrence\ $ -----I X Add'I lnsd/Prim/WOS MED EXP (Any one oerson\ $ 10,000 ~ Form# PPB3040212 : PERSONAL & ADV INJURY $ 2,000,000 I . 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER _QEN~~ALAGGREGATE $ -------[J POLICY CKJ m?i= DLOC PRODUCTS -COMP/OP AGG i $ 4,000,000 I I OTHER ! $ A ! AUTOMOBILE LIABILITY : COMBINED SINGLE LIMIT 2,000,000 i (Ea acciden_t). $ f--- r- ANY AUTO PSB0001593 07/01/2017 07/01/2018 : BODILY INJURY /Per oerson\ $ OWNED ~ SCHEDULED - AUTOS ONLY AUTOS I BODILY INJURY /Per accident\ $ ------ X HIRED X ~8¥0~~19 i i fROPERTY t?AMAGE AUTOS ONLY Per accident $ 1 $ UMBRELLA LIAB M OCCUR EACH OCCURRENCE -$ -- EXCESS LIAB CLAIMS-MADE AGGREGATE $ ------- OED I I I RETENTION$ $ A WORKERS COMPENSATION i XI ~-\%uTE I I OTH- i AND EMPLOYERS' LIABILITY ER Y/N NIAi PSW0001591 07/01/2017 07/01/2018 1,000,000 , ANY PROPRIETOR/PARTNER/EXECUTIVE n E.L. EACH ACCIDENT $ -------: OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L DISEASE -EA EMPLOYEE $ If yes, describe under I ------ DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 B Prof Liab; Clms-Made MCH591889923 : 07/01/2017 07/01/2018 Per Claim I 2,000,000 B $10K Per Clm Ded MCH591889923 I 01,01,2011 '. 07/01/2018 Aggregate I 4,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLE\rCORD 101, Additional Remarks Schedule, mC be attached if more space is required) Re: All Construction Management Services pe ormed by the Named Insured to the ity of Carlsbad City of Carlsbad it's officers, agents, employees, and volunteers are Additional Insureds on a Primary and Non-Contributory basis with respect to General Liability as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER City of Carlsbad 1635 Faraday Avenue ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD / / ./ v" 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 pol icy. 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