HomeMy WebLinkAbout2023-09-26; City Council; Resolution 2023-242RESOLUTION NO. 2023-242
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A PROFESSIONAL SERVICE AGREEMENT WITH
SCHNEIDER CM FOR CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES FOR THE VETERANS MEMORIAL PARK PROJECT
WHEREAS, on July 26, 2022, the City Council of the City of Carlsbad, California adopted
Resolution No. 2022-196, approving the final Veterans Memorial Park Master Plan and determined
that the project is necessary, desirable and in the public interest; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that adequate
funding for the agreement currently exists within the budget for the Veterans Memorial Park project,
Capital Improvement Program, or CIP, Project No. 4609, or Project; and
WHEREAS, on March 6, 2023, the city issued a Request for Proposals, or RFP, for solicitation of
construction management and inspection services for the Project; and
WHEREAS, staff received seven responses to the RFP and completed a qualification-based
evaluation of the proposals; and
WHEREAS, staff identified Schneider CM as the most qualified consultant for the Project; and
WHEREAS, the City Council has determined it is necessary and in the public interest to enter
into an agreement with Schneider CM to provide construction management and inspection services for
the Project; and
WHEREAS, staff and Schneider CM negotiated the scope of work and the associated fee for an
amount not to exceed $1,390,164 to provide construction management and inspection services for the
Project.
WHEREAS, in accordance with the California Environmental Quality Act, or CEQA, and the CEQA
Guidelines, on June 15, 2022, the Planning Commission adopted Resolution No. 7453, approving a
mitigated negative declaration and mitigation monitoring and reporting program for the Project, and
adopted Resolution No. 7454, approving Conditional Use Permit CUP 2021-0014, Coastal Development
Permit CDP 2021-0052, Hillside Development Permit HOP 2021-0006, and Habitat Management Plan
Permit HMP 2021-0006 for Veterans Memorial Park; and
WHEREAS, On July 26, 2022, the City Council adopted Resolution 2022-196, adopting the final
Veterans Memorial Park Master Plan, and making a finding of compliance with the Growth
Management Plan/Citywide Facilities and Improvements Plan Parks Performance Standard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the professional service agreement with Schneider CM is approved in an amount
not to exceed $1,390,164, for construction management and inspection services for the
Project, as shown in Attachment A, and the Mayor is authorized to execute the
agreement.
3.That the City Manager is authorized to amend the agreement and to extend the term
for two additional one-year periods, as needed.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 26th day of Sept., 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
I-SHERRY FREISINGER, City Clerk
(SEAL)
DocuSign Envelope ID: EA6DO59F-FF83-4F23-8546-235C 18016AB0 Attachment A
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
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
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
. l
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