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HomeMy WebLinkAboutSchneiderCM Inc; 2021-11-03; PSA22-1710FACPSA22-1710FAC City Attorney Approved Version 6/12/18 1 AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES DOVE LIBRARY FIRE ALARM SYSTEM REPLACEMENT, PROJECT NO. 4741 SCHNEIDER CM, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and Schneider CM, Inc., a California corporation ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in building construction, construction management and inspection services. B. Contractor has the necessary experience in providing professional services and advice related to management, oversight, construction management and inspection of building construction projects. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 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 (1) year from the date first above written. 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 not exceed twenty-one thousand eighty dollars ($21,080). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 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". 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 DocuSign Envelope ID: E75BDD24-1559-42EF-8BD7-2971664B8339 3rd November PSA22-1710FAC City Attorney Approved Version 6/12/18 2 exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s 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. DocuSign Envelope ID: E75BDD24-1559-42EF-8BD7-2971664B8339 PSA22-1710FAC City Attorney Approved Version 6/12/18 3 The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (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. 11.1.2 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. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. DocuSign Envelope ID: E75BDD24-1559-42EF-8BD7-2971664B8339 PSA22-1710FAC City Attorney Approved Version 6/12/18 4 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. DocuSign Envelope ID: E75BDD24-1559-42EF-8BD7-2971664B8339 PSA22-1710FAC City Attorney Approved Version 6/12/18 5 For City For Contractor Name John Maashoff Name Carl Schneider Title Public Works Manager Title CEO / President Department Public Works Address 7459 Circulo Sequoia City of Carlsbad Carlsbad, CA 92009 Address 405 Oak Avenue Phone No. 619-905-5522 Carlsbad, CA 92008 Email Carl.schneider@schneidercm.net Phone No. 760-602-7539 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes ☒ No ☐ 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City 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 DocuSign Envelope ID: E75BDD24-1559-42EF-8BD7-2971664B8339 PSA22-1710FAC City Attorney Approved Version 6/12/18 6 upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in 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. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the DocuSign Envelope ID: E75BDD24-1559-42EF-8BD7-2971664B8339 PSA22-1710FAC City Attorney Approved Version 6/12/18 7 County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: E75BDD24-1559-42EF-8BD7-2971664B8339 PSA22-1710FAC City Attorney Approved Version 6/12/18 8 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California SCHNEIDER CM, INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Carl Schneider, CEO, President & CFO (print name/title) By: (sign here) (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, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: E75BDD24-1559-42EF-8BD7-2971664B8339 PSA22-1710FAC City Attorney Approved Version 6/12/18 9 EXHIBIT “A” SCOPE OF SERVICES – CIP 4741 Provide construction management and inspection services which are included in the attached proposal dated October 21, 2021 for the Dove Library Fire Alarm System Replacement PWS22-1544FAC. Total not to exceed $21,080. DocuSign Envelope ID: E75BDD24-1559-42EF-8BD7-2971664B8339 6353 El Camino Real, Suite CCarlsbad, CA 92009Tel: 619-905-5522Fax: 888-638-1504 Page 1 of 1 Attn: John Masshoff 21 Oct 2021 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: FEE PROPOSAL for CM Services on the Dove Library Fire Alarm Project Dear John, SchneiderCM’s fee for construction support services for the Dove Library Fire Alarm Replacement project for the tasks outlined herein is on a time-and-material basis per the Master Agreement not-to- exceed $21,080. The scope of work includes: •Task 1.1 Project Management •Task 1.2 Pre-Construction Conference •Task 2.1 Contract Administration •Task 2.2 Reports and Communication •Task 2.3 Photo Documentation •Task 2.4 Construction Progress Meetings •Task 2.5 Shop Drawings and Submittal Reviews •Task 2.6 Plans & Specifications Interpretation •Task 2.7 Construction Services •Task 2.8 Progress Payments •Task 2.9 Contractor’s Claims and Change Orders •Task 3.0 Project Closeout The costs are broken down as follows for a construction duration of 120 calendar days •Construction Manager: 1 hrs per day (120) hours + 16 hours pre-construction/close-out at$155/hr = $21,080. This proposal is based on an anticipated construction NTP on or around 11/20/2021 with an 120 calendar days construction duration. Thank you for your consideration. Please contact me on 619-905-5522 if there are any questions or clarifications needed. Yours Sincerely, Carl Schneider CEO, SchneiderCM, Inc. EXHIBIT A PSA22-1710FAC (continued)DocuSign Envelope ID: E75BDD24-1559-42EF-8BD7-2971664B8339 Scope of Services Project: Village Arts Theatre Renovation 1.PRECONSTRUCTION SERVICES Task 1.1 Project Management Coordinate and meet with the City’s Municipal Projects Manager prior to bidding of the project. Initiate project activities and provide general project oversight. Based upon the City approved Document Management System, incorporate the Document Management Systems and procedures for documenting communications and correspondence. Provide examples of all City provided forms that the CM and Contractor will be required to use to transmit and formalize all Requests for Information (RFI), clarifications, submittals, substitution requests, concrete pour notifications, and other official project documents. Develop points of contact with all team members (project directory). Prepare a list of all standard forms, documents and reports and develop distribution lists and logs for each of the listed document types. All project documents are to be retained by the selected CM firm for a period of three years after conclusion of the project. Task 1.2 Preconstruction Conference Notify appropriate parties schedule and conduct the Preconstruction Conference with City Staff, Architect and the Contractor. The meetings shall cover the overall project objectives, responsibilities of key personnel and agencies, schedules, schedule of values (bid breakdown), procedures for handling submittals, correspondence, utility relocations, local agency permit requirements, requests for clarification, progress payments, change orders, and other pertinent topics. Provide opportunities to have the Contractor's questions answered. 2.CONSTRUCTION SERVICES Task 2.1 Contract Administration/Management The CM shall be responsible for assisting the City’s Municipal Projects Manager with all aspects of contract compliance, change/claims processing, negotiations and contract interpretation and enforcement. The CM shall utilize the field offices provided by the Contractor. Furniture and basic office equipment shall be provided by the Contractor in accordance with the specifications. The CM shall oversee, perform, and coordinate work included within this scope of services, as directed by the City. The CM shall: prepare reports, letters, and memoranda; attend meetings; prepare meeting agendas and minutes, monitor and track the expiration of insurance requirements and obtain updated certificates from the Contractor; coordinate testing and specialty services; review daily testing/inspection notes and identify and report nonconforming items; notify the City of significant problems and discrepancies; assist the City with interpreting drawings, specifications and reference standards; monitor construction activities and schedules; assist the City with resolving constructability problems; coordinate PSA22-1710FAC Exhibit A (continued) DocuSign Envelope ID: E75BDD24-1559-42EF-8BD7-2971664B8339 connections and operations; perform inspections; prepare change orders (including cost estimating services); review and notify the Contractor of test results; investigate claims; review the Contractor's Record Drawings periodically and concurrently with Contractor progress payments; and prepare project punch lists, etc. Task 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. Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, testing/inspection reports, dates of utility service interruptions, and all other project correspondence. Weekly progress reports shall be prepared and submitted (electronically) to the City’s Municipal Projects Manager and shall include the following elements: a)Summary of the prior week’s main accomplishments and current construction activities. Include an evaluation of last week’s report of expected task completion to actual. b)Overall Contractor's conformance to contract schedule and quality requirements. This will include a baseline schedule comparison showing all new tasks, deleted tasks, changed tasks and duration changes. Working with the contractor, prepare weekly Planned Percent Complete (PPC) calculations of all planned activities. c)Identification of key problems, action items, and issues, including recommendations for solutions. d)Summary of progress payments, change orders, disputes, submittals, RFI’s, and Notices of Noncompliance. e)Photographs of representative project activities printed and electronically stored. f)Provide list of Deviation Activities and any corrections taken/planned. Task 2.3 Photo Documentation Provide a videotape of preconstruction site conditions prior to any construction operation to confirm existing conditions within the limits of work, adjacent areas, and along haul roads to document and clearly depict pre-existing conditions. Take and share construction documentation photographs on a regular basis. Maintain a digital photographic library of all significant construction activities. Provide unique file names for photos with date and location information included. Take additional photographs to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. PSA22-1710FAC Exhibit A (continued) DocuSign Envelope ID: E75BDD24-1559-42EF-8BD7-2971664B8339 Incorporate new software capabilities (Blue Beam, etc.) that allow photographs taken in the field to be linked to a PDF of the site plan/drawing/detail of the photographed location. A report of these photos linked to their location is to be provided weekly. Photos shall be uploaded to the approved project document management site regularly. Task 2.4 Construction Progress Meetings Schedule and attend weekly construction progress meetings with the Architect, contractor and the City. Provide meeting agendas and discuss the schedule, near-term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, safety issues, etc. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees within two working days. Include minutes in the monthly progress reports. Task 2.5 Shop Drawings and Submittal Reviews Submittal review and approval are the responsibility of the design engineer and the City’s design project manager. The CM shall be responsible for processing and monitoring the status of all submittals. The CM shall provide a detailed review of the Contractor’s submittals for coordination after receipt from the Architect. Submittals of a general nature (General Provisions & Division 1 Requirements) are to be reviewed and processed by the CM. Review of the Contractor’s construction schedule and monthly updates shall be the sole responsibility of the CM with input provided from the Architect and City. CM will log, track, and monitor the Architect’s role regarding the review of shop drawings, calculations, data samples, submittals, warranties and manuals from the Contractor. Shop drawings and submittals that significantly do not meet the specified requirements or design intent shall be returned to the Contractor with comments for corrections and resubmittal. Exception reports, that identify outstanding submittals or reviews needed, shall be prepared monthly by the CM. Preliminary lists of initial submittal requirements shall be prepared by the CM and issued at the Preconstruction Conference. Task 2.6 Plans and Specifications Interpretation The CM shall review and respond to Contractor RFIs (requests for information) if of a general nature. Technical RFIs shall be submitted to the project architect for response. The CM shall maintain a log of RFIs and provide written clarification to the Contractor in a timely manner. Responses to requests for changes to the design require prior approval from the City’s design project manager and the architect. Obtain and maintain specification referenced standards including: local and regional specifications, codes, standards, publications, regulations, applicable permitting criteria from local, state, and federal agencies, standard drawings and specifications of the local agencies, and related documents, as referenced in the contract documents and as required to perform the work. Task 2.7 Construction Inspection Services Consultant will be responsible for the overall quality assurance of the project and work with City staff responsible for code compliance. Consultant will provide full time inspection to ensure that the Contractor's work is in compliance with the contract documents. Prepare daily reports of the construction activities including weather conditions, Contractor's equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily PSA22-1710FAC Exhibit A (continued) DocuSign Envelope ID: E75BDD24-1559-42EF-8BD7-2971664B8339 reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the Contractor appropriate revisions to the methods and procedures used in performing the work. The inspectors may not authorize extra work or approve of work that deviates from the contract documents. Consultant will coordinate material deliveries, inspect materials as they arrive on site, and verify that all materials and equipment meet contract requirements and are properly stored. The on-site inspector will inspect the site daily, including any site SWPPP, manage special inspectors, and coordinate with any geotechnical and material testing consultants, and will be responsible for the overall quality assurance of the project. Consultant will provide special inspectors for any masonry or structural steel welding. Task 2.8 Progress Payments Prepare project-related invoices and progress payments. Submit all invoices to the City’s Municipal Projects Manager with a recommendation stating the proper amount for payment. Use the Schedule of Values and actual quantities as a basis to prepare payment requests. The City will provide a format for monthly progress payments. Task 2.9 Contractor’s Claims and Change Orders In accordance with the City’s Standard Public Works Contract and Supplemental Provisions, identify, prepare, log, and monitor all Contractor or City initiated claims, changes, extra work, and change orders. Assist the City’s Municipal Projects Manager with negotiating all claims to an agreed upon Contractor/Consultant/City conclusion. Submit change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to issue; resolution alternatives; and resolution recommendation for action by the City. Prepare written justification and independent cost estimates for each change order and negotiate costs with the Contractor. Prepare claims, extra work, and change orders that require design modifications or clarifications, including revisions to the drawings, details, and specifications. Assist the City’s Municipal Projects Manager with resolving claims, extra work, and change orders for changes to the work and obtain City approval. Provide the lead role and support to the City in resolving claims and disputes. This shall include: written responses to Contractors and private parties, giving depositions, assisting with arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources, design services for replacement of damaged work, and services made necessary by Contractor default. 3.PROJECT CLOSEOUT Prepare a Project Close-out Matrix of all tasks required by the Specifications and Contract Documents prior to close-out. Track the completion of these tasks. Assist the City by preparing detailed project punch lists at closeout of the project, coordinating the various City Departments’ and Architects’ concerns and corrections. Attend punch list walk through with each City Department that requests to provide a punch list of corrective actions. Upon correction of deficiencies, the CM shall schedule, coordinate, and conduct a final walk-through prior to the acceptance of work with the City’s Municipal Projects Manager, Public Works Department, Parks & Recreation Department, Administrative Services Department, and Architect. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests, PSA22-1710FAC Exhibit A (continued) DocuSign Envelope ID: E75BDD24-1559-42EF-8BD7-2971664B8339 five working days after final walk-through. Review and certify that the Contractor's project record drawings are complete and accurate and validate the As-built documents are true and accurate. PSA22-1710FAC Exhibit A (continued) DocuSign Envelope ID: E75BDD24-1559-42EF-8BD7-2971664B8339 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 7/2/2021 License # 0E67768 (619) 574-6220 (619) 574-6288 13056 SchneiderCM, Inc. 7459 Circulo Sequoia Carlsbad, CA 92009 20443 A 2,000,000 X PSB0001593 7/1/2021 7/1/2022 1,000,000 Cont Liab/Sev of Int 10,000 2,000,000 4,000,000 4,000,000 Deductible 0 2,000,000A PSB0001593 7/1/2021 7/1/2022 No Co. Owned Autos A X PSW0001591 7/1/2021 7/1/2022 1,000,000 1,000,000 1,000,000 B Professional Liab.MCH591889923 7/1/2021 Per Claim 3,000,000 B Ded.: $10K Per Claim MCH591889923 7/1/2021 7/1/2022 Aggregate 3,000,000 Re: All Construction Management Services performed by the Named Insured to the City 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. 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 TENUTOE IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 RLI Insurance Company Continental Casualty Company X 7/1/2022 X X X X X X X