HomeMy WebLinkAboutAction Sports Development LLC; 2011-12-22;AGREEMENT FOR SKATE PARK DESIGN SERVICES FOR ALGA NORTE COMMUNITY
PARK
ACTION SPORTS DEVELOPMENT, LLC.
THIS AGREEMENT is made and entered Into as of the Q^^t^cC day of
Dcxjzfnh&,r 20 // . by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Action Sports Development, a Limited Liability Company,
("Contractor").
RECITALS
A. City requires the professional services of a designer that is experienced in skate
park design.
B. Contractor has the necessary experience in providing professional services and
advice related to skate park design at Alga Norte Community Park .
C. Selection of Contractor is expected to achieve the desired results in an expedited
fashion.
D. 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 30 days from the date first above
written. The City Manager may amend the Agreement to extend it for 2 additional 30 day
periods or parts thereof in an amount not to exceed five thousand dollars ($2,500.00) per
Agreement period. 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.
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5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
twenty four thousand and eighty dollars ($24,080). 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. 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 Sen/ices without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless
specifically noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or early termination of this Agreement.
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10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The
insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH". OR
with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless City
Attorney 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.
10.1.1 Commercial General Liability Insurance. $1.000,000 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.
If box is checked. Professional Liability
City's Initials Contractor's Initials Insurance requirement is waived.
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 General Liability.
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.
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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.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, 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 notices or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
For City For Contractor
Name Mark Steyaert Name VAl'^^^gl— ^^^INITII^H.^
Title Park Development Manager Title y=-?ot^ V^taMifeegyg-^
Department Parks and Recreation Address )o$"-b^^
City of Carlsbad C^y^AJ^^^t^ ^ <^a.go^^
Address 799 Pine Ave., ste. 200 Phone No. TLsl? - V^t'^-" H^'?^
Carlsbad, CA 92024
Phone No. 760-434-2855
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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.
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 sen/ices 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 fonwarded
to the City Manager. The City Manager will consider the facts and solutions recommended by
each party and may then opt to direct a solution to the problem. In such cases, the action of the
City Manager will be binding upon the parties involved, although nothing in this procedure will
prohibit the parties from seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services
contemplated by this Agreement, City may terminate this Agreement upon written notice to
Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any
documents owned by City and all work in progress to City address contained in this Agreement.
City will make a determination of fact based upon the work product delivered to City and of the
percentage of work that Contractor has performed which is usable and of worth to City in having
the Agreement completed. Based upon that finding City will determine the final payment of the
Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product
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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
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 othenwise 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 seg..
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. JURISDICTIONS 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 or 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.
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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 CITY OF CARLSBAD, a municipal
corporation of the State of California
By: By:
(signfiere)
By:
(print name/title) \'
(sign here)
(print name/title)
City Moriogor orAda^^&p-of Division Direc^toi»^g''''/,^
as authorized by the City Manager^'^v^V 9 Oj'<<
ATTEST:
LORRAINE M. WOOD
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:
RONALD R. B
BY:_
-Asi^istant City Attorney
City Attorney Approved Version 5/12/11
• Action Sport Design/ Development
.Landscape Architecture
.Park Planning S. Urban Design
.Construction Management
A policy of ASD is to provide the Client with a scope of work and fee sunnmary. The proposed design services to
be performed by ACTION Sport Development, LLC. (ASD) for the City of Carlsbad (CLIENT) includes the following:
TASK 1.0 - PROGRAMMING & CONCEPTUAL DESIGN
Objectives:
• Define scope of work, schedule, program and overall items of coordination.
• Establish the project working relationship with all members of the project design team.
• Review any applicable studies, concepts, existing data sources, and any other work done to date in
the interest of this project.
• Prepare conceptual and schematic design providing detailed direction as to the materials, location
and dimensioning of the design elements.
• To develop an estimate of probable construction cost and budget assessing existing conditions and
the impact of new park elements introduced.
• To conduct Skate Park specific design workshop with a core focus group (top local professionals) at
the ASD office for comments/ input.
1.1 Proiect Kick-off Meeting #1 (ASD/CLIEIMT)
• Meet with City and to verify work program, schedules and channels of communication.
• Solidify project scope, schedule and budget with design team.
• Project overview and distribution of design team responsibilities.
1.2 Data CollectlGn {ASD/ CLIENT]
• Data will be collected as it relates to the existing site and proposed development to ensure an
understanding of the site and park program. Existing information pertinent to the project scope of
work will be gathered and distributed to all design team members during this phase of the work by
the Client.
1.3 Skate Park Flow and Skill Level Diagrams (ASD]
• Develop two (2) alternative bubble diagrams illustrating the layout and program relationships of the
Skate Park to the adjacent site amenities.
• Diagram skill levels, approximate size of amenities and circulation throughout each transition zone.
Task 1.D Deliverables
1.1 Memorandum of project understanding and scope- - submitted to Client S. City for review and
approval.
1.2 Matrix delineating requested items and status of each item (received/waiting on information).
Matrix shall be issued to client after Core Focus Group Meeting #1.
1.3 ASD shall use the existing preliminary park master plan as the deliverable for this task.
1.4 Internal design sketches of proposed amenities to the Client for review.
ACTION Sport Development LLC. 6965 El Camino Real, 105-609, Carlsbad, CA 92009, ph: 1.877.434.ACTI0N fax: 1.877.434.2284
TASK 2.0 SCHEMATIC DESIGN PHASE
2.1 Skate Park Conceptual Layout Plans [ASD]
• Based upon specific design criteria gathered from the City and Core Focus Group input obtained
from the first meeting, ASD will prepare (2) conceptual design plans that will depict site facilities and
relationships. Specific concept to tDe reviewed under this contract shall be limited to the following
items:
• Develop a maximum of two (2) conceptual Skate Park designs identifying horizontal layout of the
park based on the conceptual bubble diagram layout and client approval.
• Pedestrian access and circulation system.
• Relationship between Skate Park elements and existing/proposed recreation areas.
• Landforms and grading concept (Skate Park only).
2.2 Develop Final Skate Park Schematic Master Plan (ASD/CLIENT]
• Develop final Skate Park master plans based on conceptual layouts, design team input, City input,
client input, and core focus group comments.
2.3 Preliminary Skate Park Cost Estimate (ASD]
• Determine preliminary cost for the Skate Park elements.
• Cost estimate shall be based upon general square footage prices, based on current market
conditions.
2.4 Core Focus Group Meeting #2-Present Final Skate Park (ASD/CLIENT]
• Develop consensus and present the refined concept based on workshop #1 feedback.
Task 2.0 Deliverables
2.1 Conceptual site plans and improvement sketches to be used as a basis for the future construction
documents.
2.2 Final Skate Park schematic master plan.
2.3 Preliminary costs for Skate Park based on current market conditions.
2.4 Final Skate Park Design graphics in 3-D Format.
TASK 3.0-DESIGN DEVELOPMENT PHASE (60% Client Review Submitn:al]
Objectives:
• To refine the schematic design providing detailed direction as to the materials, location and
dimensioning of the design elements.
• To refine an estimate of probable construction cost and budget.
• Upon review by the Client/ City of the Schematic Design plans, ASD shall prepare the Design
Development drawings setting forth, in technical detail, the requirements for construction of the
design. Evolutionary adjustments to the Design Development documents will be incorporated into
the work prior to the start of Construction Documents.
3.1 Proiect Meeting #3 - DO Coordination (ASD/CITY] PHONE CONFERENCE
• ASD will make available to the Client a copy of the final plan prior to project meeting #3.
• Evaluate Skate Park plan for security, access and code compliance.
• Review plan for innovation, value engineering, and review design schedule.
3.2 Materials Research (ASD)
• Identify proposed materials and furnishings to be used within the Skate Park elements.
• Identify all products by manufacturer and approximate cost.
3.3 Prepare Base Information (ASD]
• Prepare base information for inclusion in all future design documents.
• ASD will coordinate drawings within our scope of work with Project Design Team members as
updates become available.
3.4 ASD Plan (ASD]
• Convey major ASD features relevant to the Skate Park placement on ASD. ASD survey will be
provided by Client,
3.5 Preliminary Skate Park Material Reference Plan (ASD]
• Identify all major amenities in the Skate Park Master Plan by keynote description.
ACTION Sport Development, LLC. 6965 El Camino Real, 105-609, Carlsbad, CA 92009, ph: 1.877.434.ACTI0N fax: 1.877.434.2284
• Reference all major details, enlargements and sections.
3.6 Preliminary Layout Plan (ASD]
• Final location of Skate Park elements using horizontal coordinates, curve data & vertical elevations.
• Enlarged layout plan for the Skate Park using horizontal coordinates, curve data & vertical
elevations.
3.7 Axon Plan (ASD]
• ASD shall prepare a 3-D rendering of the Action Sport elements for the City.
3.8 Preliminary Grading and Drainage Plan & Coordination (ASD]
• Proposed spot grades at necessary points to convey intended elevations and direction of flow by
ASD.
• Location and sizing of drainage structures, sizing and location of retention basins, invert and finish
grades of drains.
3.9 Sections/Profiles Plan (ASD]
• Vertical sections at appropriate scale conveying the overall Skate Park design intent.
3.10 Construction Details (ASD/PROJECT DESIGN TEAM]
• Provide sufficient construction detailing for the construction of all elements within this project that
falls under this scope of work within the project limit of work lines.
3.11 Specifications (ASD/PROJECT DESIGN TEAM]
• Provide 60% specifications for all elements within this project that falls under this scope of work
within the project limit work lines.
3.12 Preliminary Statement of Probable Construction Costs - 60% (ASD]
• Prepare cost estimate for the Skate Park within the project's limit of work.
3.13 60% Client Review Submittal (CLIENT/ASD]
• Submit 60% plan set, specifications, and construction estimate for review by Client & City.
• It shall be the responsibility of the Client & City to review all material and respond to ASD with any
comments or questions in a timely manner.
• Project Meeting #4 - DO Review (ASD/CLIENT]
• Client & City review of 60% submittal.
Task 3.0 Deliverables
3.1 Preferred Master Plan rendered on 24" x 36" sheet at an appropriate scale and revised sketches of any
amenity revisions.
3.2 Cut-sheets and/or product samples for submittal to client for review and approval.
3.3 Individual coordination items in sketch format for submittal to Project Design Team as necessary to
complete the 60%plan set.
3.4 (1) 24"x36" 60% plan set
(1) Set 60% Specifications
(1) Cost Estimate
TASK 4.0-FINAL CONSTRUCTION DOCUMENTS (95%-100%)
Objectives:
• Upon review by the City of the Design Development documents, ASD shall finalize the construction
contract documents setting forth, in technical detail, the requirements for construction of the
design.
• The construction documents shall include all items necessary to build the entire Skate Park
elements.
• Construction documents shall include, but not be limited to: layout, grading & drainage, materials
and other plans as necessary to facilitate the construction of the proposed project.
• ASD will submit 95%) plans to the appropriate agencies for review, revisions, and approval.
• Make required revisions as requested by the Client to present to the Client 100% final plans.
4.1 Proiect Meeting #5 - CD Overview (ASD/CLIENT] PHONE CONFERENCE
• Review approved Design Development drawings and schedule.
ACTION Sport Development LLC. 6965 El Camino Real, 105-609, Carlsbad, CA 92009, ph: 1.877.434.ACTI0N fax: 1.877.434.2284
4.2 95% Construction Documents (ASD/PROJECT DESIGN TEAM]
• ASD will finalize plans to facilitate construction of this Skate Park project. These 95% construction
documents at a minimum shall include:
Site Plan
Axon Plan
Materials Reference Plan
Layout Plan
Grading and Drainage Plan
Sections/Profiles Plan
Construction Details
Quantities
4.3 Statement of Probable Construction Cost - 95% (ASD/PROJECT DESIGN TEAM]
• Develop spreadsheet of all Skate Park improvement quantities and unit rates for probable
construction cost.
• If necessary, ASD will identify acceptable alternatives to align the probable construction cost with
the available construction budget. The cost estimate will be submitted with the 95% plan set to
allow for any necessary design adjustments prior to 100% plan submittal and acceptance.
• A final cost estimate based on a current market value that falls within budget will be submitted with
the 100% final construction documents.
4.4 95% Specifications (ASD/PROJECT DESIGN TEAM]
• Refine and revise as necessary technical specifications in CSI (Construction Specification Institute)
format for all Skate Park construction.
4.5 100% Biddable Construction Document Submittal (ASD/PROJECT DESIGN TEAM]
• ASD will finalize plans to facilitate construction of this Skate Park project. These final construction
documents at a minimum shall include:
Site Plan
Axon Plan
Materials Reference Plan
Layout Plan
Grading and Drainage Plan
Sections/Profiles Plan
Construction Details
Quantities
Task 4.0 Deliverables
4.1 Full bid-ready improvement plans.
4.2 Revised statement of probable costs.
4.3 Revised specifications.
4.4 Final submittal from ASD to the Client's Project Mangers shall include the following:
• Original construction drawings.
• Original technical specifications and table of contents in either PDF or Word format Client to provide
ASD with final submittal requirements.
• Should the City/Client request digital files of the work done for archiving purposes ASD will provide
PDF files per City requirements. Electronic files are for City/Client reference only. Construction
shall be based on signed and sealed hard copy plans only.
> Submittals will be printed on One (1) set of Bond
> Final submittal will be printed on either Mylar or Vellum, per City request.
ACTION Sport Development, LLC. 6965 El Camino Real, 105-609, Carlsbad, CA 92009, ph: 1.877.434.ACTI0N fax: 1.877.434.2284
FEES AND EXPENSES
All services to be performed hereunder shall be performed pursuant to the fee schedule attached hereto as
Attachment "A" and incorporated herein by this reference. Invoices will be mailed the 1st of each month
based on percentage complete of each task from ASD's office and continuing through the contract period.
ACTION Sport Development, LLC. 6965 El Camino Real, 105-609, Carlsbad, CA 92009, ph: 1.877.434.ACTI0N fax: 1.877.434.2284
ATTACHMENT A
DESIGN FEE SUMMARY
Fees for the Design Services within the scope of work are outlined below. There are four tasks and each task
shall be a flat fee as indicated below. The total design fees shall be $24,080.00
SCOPE OF SERVICES-DESIGN FEE AMOUNT
1.0 Programming & Conceptual Design $6,045.00
2.0 Schematic Design Phase $9,245.00
3.0 Design Development Phase (60%) $4,395.00
4.0 Final Construction Documents (95%-100%) $4,395.00
Total-Design Fees $24,080.00
ACTION Sport Development, LLC. 6965 El Camino Real, 105-609, Carlsbad, CA 92009, ph: 1.877.434.ACTI0N fax: 1.877.434.2284