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Home My WebLink AboutNTD Architects Inc; 2003-10-14;3 RATIFICATION OF AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR REDESIGN AND ARCHITECTURAL CONSTRUCTION PHASE SERVICES FOR PROJECT NO. 3699-1 AVIARA COMMUNITY PARK (NTD STICHLER, INC.) j<r/] This Ratification of Amendment No. 3 is entered into as of the />J _ day of £ff**~s 200^_, but effective as of the 31st day of October, 2005, extending and am^rfding the agreement dated October 14, 2003 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and NTD STICHLER, INC., ("Contractor") (collectively, the "Parties"). RECITALS A. On November 18, 2003, the Parties executed Amendment No. 1 to the Agreement to increase the contract amount by $3,600 (from $181,202 to $184,802) to include dry utility consulting design and document revision services; and B. On July 21, 2005, the Parties altered the Agreement's scope of work by increasing the allowable contract amount by $113,096 (from $184,802 to $297,898) to include additional Architectural Construction Phase services beyond the Aviara Community Park original completion date of February 13, 2005, extending the Agreement to October 31 , 2005; and C. The Agreement, as amended from time to time expired on October 31 , 2005, and Contractor continued to work on the services specified therein without the benefit of an agreement. D. The Parties desire to alter the scope of work of the Agreement to increase the allowable contract amount by $67,509 (from $297,898 to $365,407); and E. The Parties desire to extend the Agreement for a period of six months, expiring on April 30, 2006. F. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1 . The retroactive extension and amendment of the Agreement is ratified. 2. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". 3. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed three hundred sixty-five thousand four hundred and seven dollars ($365,407). 4. Contractor will complete all work described in Exhibit "A" by April 30, 2006. City Attorney Approved Version S05.22..01 5. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 6. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22..01 7 7. The individuals executing this Amendment 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 amendment. CITY OF/-? CARLSBAD, a municipal corporaticfn/of the State ofjCaliforpts OfrMtedrffcor Ivlayor (e-mail address) *By: (sig D9RKAIN City Clerk here) (print name/title) (e-mail address) 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. BALL, City Attorney By: Peputy-City Attorney City Attorney Approved Version #05.22..01 "EXHIBIT A" SCOPE OF SERVICES AND FEE SCOPE OF SERVICES The scope of services remains the same as per the original agreement between NTD Stichler, Inc. and the City of Carlsbad executed on October 14, 2003, and as amended by Amendment Nos. 1 & 2, previously approved by the City and NTD Stichler, Inc. FEES Partner/Principal in Charge Project Architect Project Designer Specifications Writer Construction Administrator Job Captain Sr. Drafter Designer/Drafter Clerical $175.00 per hour $115.00 per hour $11 5.00 per hour $120.00 per hour $11 5.00 per hour $95.00 per hour $85.00 per hour $80.00 per hour $55.00 per hour AMENDMENT NO. 2 TO AGREEMENT FOR REDESIGN AND ARCHITECTURAL CONSTRUCTION PHASE SERVICES FOR PROJECT NO. 3699 AVIARA COMMUNITY PARK (NTD ARCHITECTS, INCORPORATED) day of , 2005, amending the agreement dated October. 14, 2003 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, (“City”), and NTD ARCHITECTS, INCORPORATED, (“Contractor”) (collectively, the “Parties”) for redesign of Aviara Community Park and architectural construction phase services. 07/J7 This Amendment No. 2 is entered into and effective as of the m&y RECITALS A. On November 18, 2003, the Parties executed Amendment No. 1 to the Agreement to increase the contract amount by $3,600 (from $181,202 to $184,802) to include dry utility consulting design and document revision services; and B. The Parties desire to alter the Agreement‘s scope of work by increasing the allowable contract amount by $1 13,096, to include additional Architectural Construction Phase services and to include an extension of Architectural Construction Administration services beyond the Aviara Community Park original completion date of February 13, 2005, and continue until the project is completed on or about October 31 , 2005 for a total contract amount of $297,898; and C. The Parties have negotiated and agreed to supplemental scope of work and fee schedi!les, which are attached to and incorporated by this reference as Exhibits “A’, “B” and “C”, Scope of Services and Fee. D. The Parties desire to have the contract that was originally with NTD Architects, Inc. assigned to NTO Stichler, Inc. NOW, THEREFORE, in consideration of these recitals and the mirtual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibits IIAII, 61BU and UC” 2. City will pay Contractor for all work associated with those services described in Exhibits “A, “6” and “C” not-to-exceed two hundred ninety-seven thousand eight hundred and ninety-eight dollars ($297,898). Contractor will provide City copies of invoices sufficiently detailed to include work performed, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibits “A”, “B” and “C” by October 14, 2006, as provided for in the original Agreement dated October 14, 2003. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this City Attorney Approved Version #05.22.01 1 Amendment. 6. The individuals executing this Amendment 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 Ai;iendment. CIT OF CARLSBAD, a municipal cordration of the Stahof ~. California - mkp! AfVm 4fcIE.p. Gahq (e-mail address) un here) (print namehitle) 12.70 bb Jrr 4 w-+ prlrb?sc (Jfh9ncHkZ-h bvM (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. CorDoration, 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. BALL, City Attorney By: AMENDMENT NO. 2 TO AGREEMENT FOR REDESIGN AND ARCHITECTURAL CONSTRUCTION PHASE SERVICES FOR PROJECT NO. 3699 AVlARA COMMUNIM PARK (NTD ARCHITECTS, INCORPORATED) City Attorney Approved Version #05.22.01 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California sk&aticsped, N0b.y Name and me of Oflicer (e.g., ‘Jane Doe. Notary Public”) On 2005 beforeme, personally appeared 400 A &aCu,, 6 * Todd SChW , gpersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person@) whose name(s) idare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature@) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Date Name(s)ol Signer(s) Signature 01 Not&Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: fi *d M4.& NQ- a * ~t~&VRed~*~~ Document Date: c~nd AcChii-cehubi Cofis)T~c)Lofi tho+s c Wie: Number of Pages: Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer Nfl cf 0 0 Individual KcorPorate Office# Title(s): CEO -0 Partner - 0 Limited 3 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: 0 1999 National Notary Association - 9350 De Solo Ave.. PO Box 2402 - Chatsworth. CA 91313-2402 * w\yw nationalnotary org Prod. No. 5907 Reorder Call Toll-Free 1-800-876-6827 February 14,2005 John Cahill Municipal Projects Manager CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: Aviara Community Center NTD Project Number 2000-0247-04 Subject: Addendum to Agreement Dear John: We have received a request for an addendum to our current agreement for the above referenced project. The consultant, P&D, indicates that the associated fees for the work include additional construction administrative services, SDG&E easement description and plat, coordination of final art pole locations and packaging request made by B&G, an additional site visit made in December (at B&G's request), a second submittal review, and redesign of ramps to meet current ADA compliance. SCOPE OF SERVICES Please refer to the attached Request for Amendment of Fees for a completed description of the services rendered for the above referenced project. The totai requested fee amendme AMENDMENT TO FEE Should this meet with your approval, please sign and return one copy of this fee amendment request our office for our files. Should you have any further questions please do not hesitate to call. Sincerelv. 7655 Granite Ridge Drive 5uxe ico hego, California ',-2676 Principal On behalf of the City of Carlsbad Signature RE N/m tr Printed Name and Title Attachment cc: Scott Bradstreet, City of Carlsbad Chuck Moore. P&D Date: A ’ E E March 23, 2005 Mr. Grant Eklund, P.E. Construction Manager City of Carlsbad c/o Public Works Inspection Division 5950 El Camino Real Carlsbad, CA 92008 Subject: Construction Administration Services Agreement Extension Project: Aviara Community Park NTDStichler Project # 2000-0247 Dear Grant: On behalf of NTDStichler Architects, I am pleased to provide you with this proposal for the extension of our current agreement for Construction Administration Services for the above referenced project. Our understanding of the project and proposed scope and terms are outlined below. SCOPE OF WORK Per the request made by the City of Carlsbad, we are requesting an extension of construction administrative services through June 30, 2005. SCOPE OF SERVICES Jim \I in U,ik I \I rl,~l,l~ll~~~ IO I< 111dd iiiiIilLr PI (!IC lpJ//( f ( 1 JJ\ R \\hi\< nrinl 414 1’1 Ill( Ip‘ll/( 00 PLi* iri i (, \ii\tlL Iluintcr \I\ I homd, I C liri~tidn 41 1 Ildf 111 ! KtLh r~ii F ho\+l<Ll \I \ f<Il 111, I Jcrr! I. Jcnvn PI Ii1CI~’UI Construction Administration to include the following: I int1.i J “Iilchcll ( 11) PI IIli pli Attend job-site meetings as required. 1 l\ilrllc i \tiitilir I)\\< RZ 1’1 IIlL IllCli orders, etc. ~~lnllti wlcr N Prepare preliminary punch-list for Architectural work. Assist City with project closeout procedures. r+ l!~c l~L~~ Construction Administration fees for Sub-consultants \lL\LIl \i \L<lld 11 i 1’1 ti I p<1 contracted directly to NTDStichler. . Prepare document clarifications, change requests, change . EXCLUSIONS . 9655 Granite Ridge Drive Suite 400 San Diego, California 9212 3-2676 City of Carlsbad to reimburse NTDStichler for costs incurred for reproduction of documents for agency approvals, bidding, and construction at cost X 1.15. Additional services requested by City of Carlsbad of NTDS’ consulting engineers will be reimbursed to NTDStichler at cost x 1.15. ’ 858.565.4440 Fax 858.569.3433 ntdstichler.com B Project Architect Project Designer Specifications Writer Construction Administrator Fee Proposal for Construction Administration Services March 23,2005 Page 2 $1 15.00 per hour $1 15.00 per hour $120.00 per hour $1 15.00 per hour ARCHITECTURE Job Captain Sr. Drafter Designer/Drafter Clerical FEE PROPOSAL outlined above for a lump sum not-to ADDITIONAL SERVICES $ 95.00 per hour $ 85.00 per hour $ 80.00 per hour $ 55.00 per hour For extra services or special projects where it is difficult to establish in advance a definitive list of services required, our fees may be negotiated or our services may be provided on the basis of the following hourly rates of compensation for each classification of employee: I Partner/Principal in Charge I $175.00 per hour Reimbursable expenses at cost plus 15%. The above rates are subject to adjustments annually Should this meet with your approval, please sign and return one copy of this proposal to our office for our files. Should you have any further questions please do not hesitate to call. Sincerely, On behalf of the City of Carlsbad Partner Signature REN/NUmtr Printed Name and Title Date: P:\City Of CarlsbadE000-0247 CA Services Extension Proposal.doc C ARCHITECTURE May 24,2005 Mr. Grant Eklund, P.E. Construction Manager City of Carlsbad c/o Public Works Inspection Division 5950 El Camino Real Carlsbad, CA 92008 Subject: Construction Administration Services Agreement Extension from June 30 through Project completion Project: Aviara Community Park NTDStichler Project # 2000-0247-08 Dear Grant: On behalf of NTDStichler Architects and pursuant to our conversation of 05-17-05, I am pleased to provide you with this proposal for the further extension of our current agreement for Construction Administration Services for the above referenced project. Our understanding of the project and proposed scope and terms are outlined below. Jm \I iii l4.il,c I \I 4 F'ii \til( !t1,( i I) it Ir~lcl ~III h Lr PI til< ip I,( I < 1 J I\ I? '"\I I\< 11 111' \I \ l'r Ill, p1!/( 1 IC) ThL?,rn 15 I ( hri\il.un \I 1 SCOPE OF SERVICES P'I! Ill11 Per your request, we are submitting an extension of Construction Administration services from June 30, 2005 through project completion. The scope of services remains per the original agreement between NTDStichler and the City of Carlsbad executed on 14 October 2003. FEE PROPOSAL monthly progre.ss billings will not exceed approximately cluded are the costs associated with NTDStichler's consulting ewise bill on a Time & Materials basis. \I itLicn \C ~LJILI II 1 PI I c pi1 City of Carlsbad to reimburse NTDStichler for costs incurred for reproduction of documents for agency approvals, bidding, and construction at cost x 1 .15. Additional services requested by City of Carlsbad of NTDS' consulting engineers will be reimbursed to NTDStichler at cost x 1.15. 9655 Granite Ridge Drive Suite 400 San Diego, California 92123-2676 858.565.4440 Fax 858.569.3433 ntdstichler.com EXH}Blt C (PG' ZOFZ) Fee Proposal for Construction Administration Services March 23,2005 Page 2 L Job Captain $ 95.00 per hour Sr. Drafter $ 85.00 per hour DesignerIDrafter I $ 80.00 per hour Clerical $ 55.00 per hour A R C I E E HOURLY RATES The above rates are subject to adjustments annually. Should this meet with your approval, please sign and return one copy of this proposal to our office for our files. Should you have any further questions please do not hesitate to call. On behalf of the City of Carlsbad Partner Signature REN/tg Printed Name and Title Date: J:\Cily Of Carlsbad\2000-0247-08\2000-0247 CA Services Pt 2 Extension Proposal.doc AMENDMENT NO. 1 TO AGREEMENT FOR REDESIGN SERVICES FOR AVIARA COMMUNITY PARK +h This Amendment No. 1 is entered into and effective as of the \8r day of hf~~ah,,er , 2003, amending the agreement approved by the Carlsbad City Council on October 7, 2003, (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and NTD ARCHITECTS, ("Contractor") (collectively, the "Parties") for redesign services for Aviara Community Park. A. The Parties desire to alter the Agreement's scope of work to include dry utility consulting design and document revisions; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed three thousand six hundred dollars ($3,600). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" within the same schedule as outlined in the Agreement. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the City Attorney Approved Version #05.22.01 1 ATTEST: If required by City, proper notarial acknowledgment of execution by contractor must be attached. Coworation, 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. BALL, City Attorney By: - Deputy City Attorney City Attorney Approved Version #05.22.01 2 10/q1/2003 15: 59 3582777638 .- Uaity Services Consulting - Design - lnstallatlan 11 NTD ARCHITECTS PAGE 03/05 EXHIBIT A M. E. NQLLKAMPER & ASSOCIATES A Division of @@ Septemba 29,2003 Norm Luker NTD Architects 4719 Viewridge Avc San Qiego, CA 92123 Subjcdl Proposd - Thy Utility Consuktg & Design Cmlsbad Cornmunib Park &vision Dear Nom: Thwk you for the opportunity to provide you with our proposal for dry utility consulting sclvicas for thc rcfcrcnccd projwt. This proposal covers utility consulting and design serviccs for rcvishg the dry utility designs for the Cnrlsbad Community Park. I LSCOPE OF SERVICES 1 UTILTTY CONSULTXNC / ,QESXGN COORDINATION: Coordinate with utility companies for rcvhing electric, gas, telephone aiid CATV work orders. Provide copies of iind dasigns io learn members for review and comment. Provide client with finaI utility desiws and contracts, including summary ai costs indicating breakdawn of fees and potential rcfunds. * Prepare revised bid packages to inclade; - List of utilily representatives. Utility specificalions and dosigus. Schcdulc and attend me pTe-construction meeting to include: Utility represcntatkes. Clicnt’s supcrintmdent, . Trenching contractor, Coordinate with utility cornpanics €or revising contracts and costs. -I h Quantity take-offs. Prepm and submit mvised SDG&E electric and gas underground designs under the “Applicant Design” program through thc utilities. This portion includes revisiiig all work and engineering of the SDG&E electric and gas dcsigns. All calculations, load studias and matorial lists will be revised ils needsd 608 West Mlsslan Ave. e09 Escondidc, CA 92025 (760) 781 -3956 Fax (760) 78113962 10/81/2003 15: 59 8582777680 NTD ARCHITECTS PAGE 04/05 I *. I Page 2 of 3 .- Carlsbad Community Pak Revision FEE; J UtilityConsultin&Cooxdination.. . . . . . . , . . . . - . . ~ - -, . , . ".. , , . . , .S Dcsign Scrvices (SDG&E Electric & Gas);. , . . - . . . . . . . - . . . , , I ,. . . , . . -. !3 1,6~0.00 2000& TOTAL $ 3,600.00 NOTE: Messenger services, UPS and plan reproduction, Engincming stamp on utility design, whethhcr in-housc or by others, will be invoiccd at prevailing rate. Blccmb md gas designs are prepared based an utility specificdons pcr thc Applicant Design program. All othcr utility designs and specifications are prepared and finalized by thc ecspcctive utility. Rcvisions to the tlaelric and gas design after final approval by thc utility companies will be charged at the ktcd hourly ratc. Consultant will not have authority or responsibility 10 execute contract documents on behalf of Client, Client will promptly executc and deliver written authorization to third partics at request of Consultant, which will cnablc Consultmi to conlinue sewice. Coiisultant shall not bc held rc~tponsiblc or liable €or conseqneotial hugas by redsons of delays by Wity companies, contractors or govcmmentd agencies. Additional services requested will be charged at the listed hourly rate, Additional services wauld include work rcquked to wisc approwd utility plans clue to Clirsnt's project changes, problmn rcsolution and comtmction coordination afta preconstruction meeting and all other services requested beyond the items listcd in "'scope of Services". -, PAYMENT! 0 Projects arc billcd monthly as an estinided percentage ofproject completcd to date. Invoices shall be issued on the first of thc month md will be due and payable on receipt. PlcJnse inrfclrm us i3yotr Aave my spscid invoicing requirements. e If this proposal meets with your approval, kindly sign in ihs space provided and return a copy to us for our filcs. RcspcctTiilly submitted: POWER PLUS! : .-Y Britain Yonka Regional Managcr MEN: MPC,office Agrccd & Acccptcd: Legal Name: By: Date: 1O/q1/2003 15: 59 8582777680 ! 1 .. b .- I Page 3 Of 3 Carlsbad Community Park Revision NTD ARCHITECTS I ITEESCHEDULE 1 PrPncEpnVProject Manager: . S 125.00fl3r. Project M,anagcx: . . , . . . . . . . S 10O.OWHr. Project Assistant: . . . . . . I I. . $ 80.00/Hr. AutoCrd Drsftlng: . . , , , , . . . $ GS.OO/Ur. . PAGE 05/05 10/F!1/2003 15: 59 8582777680 NTD ARCHITECTS PAGE 01/05 FACS I M I LE TRANSMITTAL To: FAX #: Su bjecf: John Cahill Municipal Projects Manager CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 Date: October 1, 2003 (760) 720-691 7 Total -5- pagas including coversheet Aviara Community Park NTD #: 2000-0247-03 Revised - NTD Scope of Services Part One - Site, Maintenance and Restroam Buildings Only Corn m ents: Enclosed please find a revised copy of the NTD Scope of Services for the above- mentioned project. This revision reflects an adjustment made to incorporate necessary utility services for this project (our office received the cost proposal for this work just this week). You will receive two original copies of the revised document in the mail for attachment to the City of Carlsbad contract documents currently in your possession. I apologize for the inconvenience of this last minute adjustment. Should you have any questions, please do not hesitate to contact me. By; 4 NLlcsg cc: Richard Nowicki - NTD File Celebrating 0~50th Year P:\Clly Of CarIsbedVOOO-D247-03\Ca hill~5OFAX~Trans~lOO103.doc 10/131/2003 15: 59 8582777680 NTD ARCHITECTS Part One Aviaa Community Park - Repackage 8, Rebid Scope of Sewlces REVISED: October 1,2003 Ths lntonl of lhls scup Is to wtifyihe hilldlnp contrwlofls) Is In SUbStErr(lEl cornphnce wh the Amhlleaurei Conatrucllon set of plans and speclflcetlans for the subled pmJect. The worksheet belrnv represents the Archiiecra responslble cherge. Item Description Hours Fees 1 Repackaging Principal Project Architect Speclfication Writer Draftsperson 25 340.00 12 $ 1,440.00 20 $ 2,500.00 27 $ 2,025.00 Clerlcal 6$ 330.00 S u b-t o tal 67 $ 6,636.00 2 Bld Asslstance Principal Project Architect Speclflcatlon Wrlter Draftsperson 2s 340.00 12 5 1,500.00 12 s 90D.DO 14 $ 1,6ao,oo Clerlcal 30 6 1,650.00 Sub-total I 6.07D.00 3 SubConsultants KNA- Structural WAC - Mechanical T&R - Electrical Bldg. ILA - Electrical Site Power Plus! - Dry Utilities Interlor P6D - CivillLandscape s 560.00 $ 600.00 $ 3,000.00 $ A,AOO.OD $ 3,600.00 $ (F 20,200.00 Food Service $ Su b-total $ 32,360.00 TOTAL $ 45,065.00 Tesks wlll requlm various Site visits, vI6ils to bff-site lacalion6. snd office time. The worksheet ebove repreesnts the Amhitacts responsibllilles. Any addlllonal scope requested by the City or contmctor shall be billed ai a rat@ of $500 par vlsli wlth wrlnen approval by \he City. NTD Architects 4719 Viewridge Avenue, Suite 200 San Diego, California 92123 PAGE 02/05 (858) 277-5115 . EXHIBIT 2 AB #17,342 Reso 2003-266 AGREEMENT FOR PROFESSIONAL SERVICES FOR REDESIGN OF AVIARA COMMUNITY PARK AND ARCHITECTURAL CONSTRUCTION PHASE SERVICES THIS AGREEMENT is made and entered into as of the day of , 2003, by and between the CITY OF CARLSBAD, a municipal corporation hereafter "City", and NTD ARCHITECTS, INCORPORATED, hereafter "Contractor". D C 70 4.gA RECITALS A. City requires the professional services of an architecture firm experienced with the design of the Aviara Community Park Project, hereafter referred to as the "Project." B. Contractor has the necessary experience in providing professional services and advice related to the Project 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. MUTUAL RECISION AND UPDATED SCOPE OF WORK The parties to this agreement hereby agree to mutually rescind prior agreements dated September 24, 2002 adopted by the Carlsbad City Council by Resolution No. 2002-282 related to the Project. in its place, City shall retain and Contractor agrees to perform and 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 cond it ions. 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 three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof in an amount not to exceed one hundred thousand dollars ($100,000) per Agreement year. 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. 1 City Attorney Approved Version #04.01.02 c 4. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE 5. The total fee payable for the Services to be performed during the initial Agreement term will be as follows: CO M P E N SATlON Redesign Services Part 1 : Redesign and repackaging of park construction bid documents without the “Community Center” building: $41,465 as described in attached Exhibit “A,” Page 7. Redesisn Services Part 2: Redesign and repackaging of park construction bid documents for the “Community Center” building: $29,176 as described in attached Exhibit “A,” Page 8. Construction Administration Services Part 1 : Architectural and engineering construction administration services, including all sub-consulting requirements, for park construction phase without the “Community Center” building: $1 10,561 as described in attached Exhibit “A,” Page 9. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 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. 2 City Attorney Approved Version #04.01.02 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. 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 in whole or in part by any willful misconduct or negligent act or omission 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. IN D E M N I F I CAT1 0 N The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coveraqes 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 3 City Attorney Approved Version #04.01.02 obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1 .I 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 and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.1.4 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. 10.3 Providinq 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 Coveraqe. 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 4 City Attorney Approved Version #04.01.02 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 endorse men ts . 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 Contract& 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 Citv: Name: Skip Hammann Title: Deputy City Engineer Department: Public Works City of Carlsbad Address: 5950 El Camino Real Carlsbad, CA 92008 Phone No.: 760-602-2780 5 City Attorney Approved Version #04.01.02 For Contractor: Firm: NTD Architects, Incorporated Name: Richard E. Nowicki Title: Principal Address: 471 9 Viewridge Avenue, Suite 200, San Diego, CA 92123 Phone No.: 858-277-51 15 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 City will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor’s agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 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 that the services 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 City Attorney Approved Version #04.01.02 6 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 (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work 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. 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 otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 7 City Attorney Approved Version #04.01.02 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agree men t. 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. 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. 8 City Attorney Approved Version #04.01.02 *%i e re ATTEST: W 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: RON-R. BALL, City Attorney City Attorney Approved Version #04.01.02 9 4719 Viewridge Auonus Suite 200 San Dlego. California 92123 858,277,5115 www,ntd.com Prlnclpals: Jon Alan Baker, AIA Thomas E. Chrlstlan. AIA Richard E. Mowickl, AIA JEY R. Whisenant. AIA, CCS FAX 858.277.78aa NTD ARCHITECTS PAGE 02/11 EXHIBIT A August 13, 2003 Revised: August 20,2003 John Cahill Municipal Projects Manager CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, Ca 92008 RE; Aviara Community Center NTD Project Number 2000-0247-03 Subject: Re-package and Re-bid Proposal Oear John, On behalf of NTD Architects, I am pleased to provide you with this proposal for Aviara Park and Community Center regarding the City of Carlsbad’s request to re-package the project and re-bid in two phases. At the City of Carlsbad‘s request, we are including the landscape and clvII consultants efforts in our scope. In this proposal we address the re-packaging and re-bidding in two parts. The first part includes the re-packaging and re-bidding of the entire project except the Community Center Building. We have also included a revised estimate for the Construction Administration for part one. The second part involves the re-packaging of the Community Center only. Bidding and Construction Administration for part two cannot be determined until such time as the City is certain of the schedule for completing that work. Our understanding of the project and proposed scope and terms are outlined below. SCOPE OF WORK The City has decided to move forward on the referenced project in two phases. In the first phase, all of the project improvements with the exceptian of the community building are to be re-packaged and re-bid. The second phase will include only the Community Center building. The City anticipates bidding of Phase One in the near future; Phase Two will likely be undertaken in the following year. NTD recommends that both bid packages be generated at this time to maintain continuity of the sets. The design and engineering consultants will be retained as sub-consultants to NTD Architects. including: - P&D Consultants - KNA Consulting Engineers, Inc. - HVAC Engineering, Inc. - Turpin 8 Rattan Engineering, Inc. - ILA Zamrnit Engineering Group - Young & Company, Inc. - R.C. Jones Design. SCOPE OF SERVICES Please refer to the attached Scope of Services and Fee Schedule for P&D Consultants, NTD ARCHITECTS PAGE 03/11 Scope of Services Continued. , , Re-Packaginq Into Two Bid Sets Both bid sets include: . 1 m 1 Revised construction documents and specifications to remove Community Center building. Revised construction documents and specifications to incorporate amendments and addendums from previous bid. Update the NPDES permit and BMPS's. Re-submit Food Service to DEH for updated approval. Biddinq and Construction Administration The services include: . . Assist the City with advertisement & public bidding process. Attend pre-bid conference (if required), issue addenda, distribute documents, attend bid opening and recommend award of contract. Attend pre-construction conference, Attend job-site meetings as required. Prepare document clarifications,'change requests, change orders, etc. Prepare preliminary punch-list for Architectural work. Assist City with project closeout procedures. Construction Administration fees for Sub-consultants contracted directly to NTD. 1 Provide construction administration services. 1 1 = . EXCLUSIONS City of Carlsbad to provide soils and seismicity report for construction administration purposes. City of Carlsbad to reimburse NTD for cosis incurred for reproduction of documents for agency approvals, bidding, and conslruction at cost X 1.15. Additional services requested by City of Carlsbad of NTD's consultmg engineers will be reimbursed to NTD at cost x 1.15. FEE PROPOSAL Please reference the attached NTD Scope of Services. 08/25/2003 14:52 8582777680 NTD ARCHITECTS PAGE 84111 ADDITIONAL SERVICES For extra services or special projects where it is diiVcu1t to establish in advance a definitive list of services required, our fees may be negotiafed or our sewices may be provided on tho basis of ths following hourty rates of compensation for each classification of employee: Reimbursable expenses at cost plus 15%. The above rates are subject to adjustments annually. Should this meet with your approval, please sign and return one copy of this proposal to our office for our files. Should you have any further questions please do not hesitate to call. $qw Richard E. o ki, A.1.A Principal On behalf of the City of Carlsbad Signature Printed Name and Title Date: RENlcsg Attachments . b NTD ARCHITECTS PAGE 06/11 1 Via Emad:. nlukm@ntd, corn August 1,2003 MT. Nom Lder NTD ARCHITECTS 4719 Vie~dge Avenuc, Suite 200 S an Diego, CA 92 123 Phners/EnRineerdA rck ireccr 8954 RIO 91N DlEQO DRIVE SUITE 610 9AN CJIEQO, CALIFORNIA 92708 6191291-1475 613/291-1&% FAX www,pdconsuttants.com mD ARCHITECTS AUG 01, 2003 REC E IV€D SUBJECT:. Aviara Park - Proposal for Repackaging Documents fox Rebid Dear Mr. Luker: The following is P&D’s proposal for Aviara Park regarding the City of Car1sb.ad request, per OUI meeting of July 3, 2003, to repackage project documents in preparation for a rebid. It is ow understanding that this effort will be in two parts. The first repackage will include the complete plans and specifications fox the project, to include the two restroom buildings and the maintenance building. This first package will include all project jX;provments, with the exception of the community building. The second package will include the completed plans and specifications far only the community buildiog. P&D’s services for this work effort a.re related only to thc civil engineering and landscape architecture components of ihe project. ,’ . Scope of Services. Task 1 - Plan Modifications Task 1.1 Revise approximately six precise grading plans and details to =move the Cornnun& Center Building and associated hardscape improvements. This task will indude the incorporation of past addendums into the PI&. Task 1.2 Revise approximately two utility plans to adjust water services, sewer laterals, and drainage laterals to be located within 5 feet inside the proposed mass-graded pad of the &hue Community Building Pad. Thi6 task will include the incovorafion of past addmdms hto the plans. Task 1.3 Revise approximately three mass-grading plan sheets to reflect the removal of the Community Building and delineate a 2% graded pad. This task will indude the incorporation of past addenduns into the plans. NTD ARCHITECTS PAGE 07/11 hh. Nom Luka NTD Architects 1 August 1,2003 Page 2 Task 1.4 Revise approximately two erosion control plans to reflect the design of B mass- graded pad in lieu of the ComTnunity Building. Task 1.5 Revise approximately three onsite public utility plans to reflect the removal, of the Community Building. Tbis task will include the incorporation of past addendus into theplans. Task 1.6 Update the NPDES permit and BMPs. Task 1.7 Rmove landscape terrace plans and improvements within the community building pad. Task 1.8 A black chain-fink fence shall be provid,cd around the cornunity building to prevent encroac,lAment into the habitat. Task 1.9 Rcmovc th~ irrigation pipes and heads from the commity building pad area and stub out pressure mains and controller wire for future connections. Task 1.10 Remove the landscape planting and spccimen trees fiom thc landscape plans. Task 1 .I 1 Provide dry liykoseed mlx for community building pad area Task 2 - Revisions to Specifications Task 2.1 Incorporate the previously published civil mgineaing and landscape architecture amendments to the original specification package. Task 2.2 Due to the removal of &,e community building, provide for the construction of a ,mass-graded pad at a 2% slope for pJacment of a temporary trailer. Task 2.3 Providc adjustments to water service, sewer laterals, storm drainage ficilities, surface hardscape improvements, and landscape irrigation semices. Task 2.4 Update hardscapc specilication for the terrace area. Task 2.5 Update large oak tree portion of the specifications. Task 3 -Meetings and Coordhation P&D will attend meetings as required by the Client for a maximum amount of 10 hours. Fee Amount P&D will provide the above services for a ;fixed fee of $25,600. Services requested that are not identified in the above scope of senices will be executed by Climt-authorized change order. i, Mi. Nom LLlker NTD Architects i Reimbursables NTD ARCHITECTS PAGE a8/ii August 1,2003 Page 3 Reimbursable charges for blueprinting, photographic mylar reproduction, photocopying, travel and mileage, delivery smices, long-distance telephone charges, computerized plotting, special graphic supplies, facsimiles, and othex direct project charges incurred on behalf of Client will be billed to Client at cost plus 15%. Thank you for contacting us regarding this additional work for Aviara Park, It will great to see this project go forward. Lf you have any questions, please contact me. P&D CONSULTANTS, INC. Chuck Moore Vice Pmsident Part One Site, Maintenance and Restroom Buildings Only Aviara Community Park - Repackage & Rebid Scope of Services REVISED: September 5, 2003 The intent of this scope is to verify the building contractor(s) is in substantial compliance with the Architectural Construction set of plans and specifications for the subject project. The worksheet below represents the Architect's responsible charge. Item Description Hours Fees 1 Repackaging Principal Project Architect Specification Writer Draftsperson 2$ 340.00 12 $ 1,440.00 20 $ 2,500.00 27 $ 2,025.00 Clerical 6$ 330.00 Sub-total 67 $ 6,635.00 2 Bid Assistance Principal Project Architect Specification Writer Draftsperson 2$ 340.00 14 $ 1,680.00 12 $ 1,500.00 12 $ 900.00 Clerical 30 $ 1,650.00 S u b-tota I $ 6,070.00 3 Sub-Consultants KNA- Structural HVAC - Mechanical T&R - Electrical Bldg. ILA - Electrical Site Interior P&D - Civil/Landscape $ 560.00 $ 600.00 $ 3,000.00 $ 4,400.00 $ $ 20,200.00 Food Setvice $ Sub-total $ 28,760.00 TOTAL $ 41,465.00 Tasks will require various site visits, visits to off-site locations, and office time. The worksheet above represents the Architects responsibilities. Any additional scope requested by the City or contractor shall be billed at a rate of $500 per visit with written approval by the City. NTD Architects 4719 Viewridge Avenue, Suite 200 San Diego, California 92123 (858) 277-5115 Part Two Community Center Only Aviara Community Park - Repackage Scope of Services REVISED: September 5, 2003 The intent of this scope is to verify the building contractor(s) is in substantial compliance with the Architectural Construction set of plans and specifications for the subject project. The worksheet below represents the Architect's responsible charge. Item Description Hours Fees 1 Repackaging Principal 4$ 680.00 Project Architect 25 $ 3,000.00 Specification Writer 30 $ 3,750.00 Drafts pe rso n 50 $ 3,750.00 Clerical 15 $ 825.00 Sub-total 124 $ 12,005.00 2 Sub-consultants KNA- Structural HVAC - Mechanical T&R - Electrical Bldg. Electrical Site JYC - Interior P&D - CivillLandscape $ 1,121.00 $ 1,500.00 $ 7,500.00 $ $ 300.00 $ 5,400.00 RJC - Food Service $ 1,350.00 Sub-total $ 17,171.00 TOTAL $ 29,176.00 Tasks will require various site visits, visits to off-site locations. and office time. The worksheet above represents the Architects responsibilities. Any additional scope requested by the City or contractor shall be billed at a rate of $500 per visit with written approval by the City. NTD Architects 4719 Viewridge Avenue, Suite 200 San Diego, California 92123 (858) 277-5115 Part One Site, Maintenance and Resttoom Buildings Onty Aviara Community Park - Construction Administration Scope of Services REVISED: September 5,2003 The intent of this scope is to verify the building contractor(s) is in substantial compliance with the Architectural Construction set of plans and specifications for the subject project. The worksheet below represents the Architect's responsible charge. Item Description Hours Fees 1 Preconstruction Conference Principal Project Architect Specification Writer DraftsDerson 2$ 340.00 4$ 480.00 $ $ Clerical 6$ 330.00 Sub-total $ 1,150.00 2 Construction Administration Services (including job-site meetings and document preparation per scope of services) Principal Project Architect Specification Writer Draftsperson 28 $ 4,760.00 128 $ 15,360.00 40 $ 5,000.00 80 $ 6,000.00 Clerical 160 $ 8,800.00 Sub-total $ 39,920.00 3 Preliminary Punch List Principal Project Architect Specification Writer Draftsperson $ $ $ 6$ 720.00 Clerical 8$ 440.00 Sub-total $ 1,160.00 4 Project Close-Out Principal Project Architect Specification Writer DraftsDerson 4$ 680.00 40 $ 4,800.00 8 $ 1,000.00 40 $ 3,000.00 Clerical 80 $ 4,400.00 Sub-total $ 13,880.00 5 Sub-Consultants KNA- Structural HVAC - Mechanical T&R - Electrical Bldg. ILA - Electrical Site Interior P&D - CivillLandscape $ 2,736.00 $ 2,150.00 $ 1,000.00 $ 5,500.00 $ $ 43,065.00 Food Service $ Sub-total $ 54,451.00 TOTAL $ 110,561.00 Tasks will require various site visits, visits to off-site locations, and office time. The worksheet above represents the Architects responsibilities. Any additional scope requested by the City or contractor shall be billed at a rate of $500 per visit with written approval by the City. NTD Architects 4719 Viewridge Avenue, Suite 200 San Diego, California 92123 n (858) 277-5115