HomeMy WebLinkAbout2003-10-07; City Council; 17342; Architectural Services for Aviara Community Parkn w 5 f
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AB# 17.342
MTG. Oct. 7, 2003
DEPT. Recreation
CITY OF CARLSBAD --AGENDA BILL
TITLE : APPROVE AGREEMENT FOR REDESIGN
AND CONSTRUCTION PHASE ARCHITECTURAL
SERVICES FOR AVIARA COMMUNITY PARK
DEPT.H
CITY ATT
CITY M6M-P
RECOMMENDED ACTION :
It is recommended the City Council ADOPT RESOLUTION NO. 2003-266 approving an
agreement with NTD Architects, Incorporated for the redesign of bid documents and to provide
revised construction phase architectural services for Aviara Community Park, City Project
Number 36991.
ITEM EXPLANATION :
The City Council adopted 2003 - 2004 Capital Improvement Program budget includes the
appropriation of funds for the construction of Aviara Community Park, City Project Number
36991. The updated project description in the CIP includes proceeding with the park
construction, however, deleting the "Community Center" building from the project and deferring
its construction to the future. Since the project was designed and bid in late 2002 as a complete
package, a redesign and repackaging of the construction document set is required to remove the
large 'Community Center" building from the bid set.
Additionally, since the scope of the project has changed, so has the scope of work for the design
team's architects and engineers during the construction phase. The attached consulting
agreement incorporates both the revisions to create new bid sets of documents dealing with the
deferral of the Community Center building as well as a modified, reduced scope of work for
architectural and engineering construction phase services. The needed revisions and
repackaging of the document set will be accomplished within approximately 3 months of
notification to proceed with the work. It is anticipated the modified Aviara Community Park
Project will be placed back out to bid in early 2004 with construction to begin in the Siring of
2004.
Staff recommends approval of the attached consulting agreement.
FISCAL IMPACT:
The breakdown of costs is as follows:
Part 1 : Redesign Services for bid package without Community Center: $ 41,465
Part 2: Redesign Services to create separate package for Community
Center (to be deferred now and used in the future) $ 29,176
Part 3: Modified construction administration services, including all
su b-consultant requirements durinq park construction phase: $1 10,561
Total all services: $1 81,202
AB NO. 17,342
Page 2
On September 24, 2002, the City Council adopted Resolution No. 2002-282 approving consulting
agreements totaling $176,426 with the City’s Aviara Community Park design team to provide
customary construction phase architectural and engineering services during the anticipated 2003 - 2004 construction of the park. With the City Council’s subsequent decision to defer the
Community Center portion of the project, the scope of services, and associated costs, to be
provided the City under these agreements are effectively reduced by $65,865 (former contract
value of $1 76,426 minus new contract value of $1 10,561 ).
The attached agreement to this agenda bill includes action to mutually rescind these prior
agreements. The needed architectural and engineering construction phase services from the
City’s design team for the modified project will be provided under the agreement attached hereto
at a reduced cost.
The following is a breakdown of the anticipated project costs with the decision to defer the
Community Center building to the future:
Design:
Construct ion :
Construction Contingency @ 7%
Redesign and A/E Construction Phase Services:
Construction Management:
City Supplied Equipment:
Public Art Component:
Inspection, Testinq, & Miscellaneous
Total Project Budget:
$ 720,679
8,250,000
575,000
181,202
300,000
150,000
100,000
423,119
$1 0,700,000
Staff recommends approval of the attached consulting agreement.
EXHIBITS:
1. Resolution No. 2003-266 approving a consulting agreement for redesign and
construction phase architectural and engineering services for Aviara Community Park.
2. Consulting agreement.
DEPARTMENT CONTACT: John Cahill , (760) 602-2726, icahi@,ci.carlsbad.ca.us
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RESOLUTION NO. 2003-266
APPROVING AN AGREEMENT FOR REDESIGN AND
CONSTRUCTION PHASE ARCHITECTURAL AND
ENGINEERING SERVICES FOR AVIARA PARK
WHEREAS, the City Council of the City of Carlsbad, California, has previously appropriated
funds within the City’s Capital Improvements Program budget for the design and construction of Aviara
Community Park, City Project Number 36991, hereafter referred to as the “Project;” and
WHEREAS, the City Council has previously adopted Resolution Number 2002-282 approving
two (2) contracts to provide architectural and engineering construction phase services for the Project; and
WHEREAS, the City Council has previously modified the Project’s description to include
deferral of development of the “Community Center” component within the Project to a future date; and
WHEREAS, certain changes and modifications are required to the Project’s plan set of
documents to accomplish the physical removal of the “Community Center” component from the
construction document package; and
WHEREAS, the City has sought and the original design team of consultants has provided a scope
of work, schedule, and fee proposal to accomplish the services required of the City for the Project as
modified; and
WHEREAS, the Council does hereby find it necessary, desirable, and in the public interest to
proceed at this time with the modifications to the Aviara Park plan set.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That an agreement with NTD Architects, Incorporated for the Project is hereby approved and the
Mayor is authorized to execute said agreement. Following the Mayor’s execution of said
agreement, the City Clerk is directed to forward copies of said agreement and this Resolution to
NTD Architects, Incorporated, attention Mr. Richard Nowicki, 47 19 Viewridge Avenue. Suite
200, San Diego, California 92123 and the Recreation and Public Works - Inspection
Departments.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council helc
onthe 7th day of October , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, and Hall
NOES: Council Member Packard
ATTEST
WOOD, City Clerk
Page 2 of 2 of Resolution No. 2003-266
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(SEAL)
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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 &e, day of
, 2003, by and between the CITY OF CARLSBAD, a municipal
corporation hereafter "City", and NTD ARCHITECTS, INCORPORATED, hereafter
"Contractor".
L9 C 70
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
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 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.
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4.
Time is of the essence for each and every provision of this Agreement.
TIME IS OF THE ESSENCE
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be as follows:
Redesiqn 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 :
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.
Architectural and engineering
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.
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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 DEM N IF1 CATION
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.
IO. 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
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obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liabilitv 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 Liabilitv (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 Emplover's Liabilitv. 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 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
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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: City of Carlsbad
Name: Skip Hammann
Title: Deputy City Engineer
Department: Public Works
Address: 5950 El Camino Real
Carlsbad, CA 92008
Phone No.: 760-602-2780
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For Contractor:
Firm: NTD Architects, Incorporated Address: 471 9 Viewridge Avenue, Suite
Name: Richard E. Nowicki
Title: Principal
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
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reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work 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
mad e.
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 solicitor 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.
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22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et seq., the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
23. 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.
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*By- / \ (sign here)
ATTEST:
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- Presiden t
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation 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:
RONMR. BALL, City Attorney
City Attorney Approved Version #04.01.02 9
08/25/2003 14: 52 NTD &RCHITECTS PAGE 02/11
EXHIBIT A
4719 Viewridge Avonue
Suite 200
San Olego, California
92123
856.277.51 15
www.ntd.com
Prlnclpals: Jon Alan Baker, AIA
fhornasE. Chrlstlan, AIA Richard E. Nawickl. AIA
day R. Whisenanl, All. CCS
FAX ~5a.277.7e10
August 13, 2003 Revised: August 20,2003
John Cahill
Municipal Projects Manager
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Catlsbad, 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, 1 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 clvil 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. Gidding and Construction Administration for part two cannot
be determined until such time as the City is certain of the schedule for completing that wor k .
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 lwo phases. In the first
phase, all of the project improvements with the exception 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&O Consultants
KNA Consulting Engineers, Inc.
HVAC Engineering, Inc.
Turpin & Rattan Engineering, Inc.
ILA Zamrnit Engineering Group Young & Company, Inc.
R.C. Jones Design.
SCOPE OF SERVICES
Please refer lo the atfached Scope of Services and Fee Schedule for P&D Consultants.
NTD ARCHITECTS PAGE 03/11
Scope of Services Continusd . , .
Re-Packaains Into Two Bid Sets
Both bid sets include.
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 Sewice to DEH for updated approval.
. .
Biddim and Construction Administration
The services include: . . - Attend pre-construction conference. . Provide construction administration services.
a .
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 job-site meetings as required.
Prepare document cfarifications,'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.
EXCLUSI 0 NS
City of Carlsbad to provide soils and seismicity report for construction administration
purposes. City of Carlsbad to reimburse NTD 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 NTD's consulting engineers will be reimbursed to NTD at cost x 1.15.
FEE PROPOSAL
Please reference the attached NTD Scope of Services.
52 8582777680 NTD ARCHITECTS PAGE 04/11
ADDITIONAL SERVICES
For extra services or special projects where it is dificult to establish in advance a definitive iisf of services required, ouf fees may be negotiated or our services may be provided on the
basis of the following houdy 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.
Sincerely, On behalf of the City of Carlsbad gqp -
Richard E. o ki, A.1.A
Principal Signature
Printed Name and Title
Date: -
REN/csg
Attachments
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NTD ARCHITECTS PAGE 66/11
b
1
Via Emaz'Z:. nlukr&td, coin
August 1,2003
hk Norm Lder
NTD AJXCEI'I'ECTS
4719 Viewridge Avenue, Suite 200
San Diego, CA 92123
mD ARCHITECTS
AUG 04 20D3
RECElVfD
SUBJECT. Aviara Park - Proposal for Repackaging Documents fox. Rebid
Dear Mr. Luker:
TIE following is P&D's proposal for Aviara Park regarding the City of Car1sb.d request, per OUT
meeting of July 3, 2003, to repackage project documents in preparation for a rebid. It is om
understanding that this effort will be in two parts. The first repackage All include the complete
plans and specifications for the project, to include the two restroom buildings and the maintenarm
building. This fist package will include all project hprovments, with the exception of the
community building. The second package will include th~ completed plans and specifications for
only the community buildbg. P&D's services for this work effort are rdated only to the civil
engineering and landscape architecture components of the project,
' ScoPe of Services
Task 1 - Pbn Modifications
Task 1.1 Rcvise approximatdy six precise grading plans and details to move the
Conununity Center Building and associated hardscape improvements. "his task will include the incorporation of past addendums into the plans.
Task 1.2 Revise approximately two utility plans to adjust water services, sewer laterals, ad
drainage Iaterals to be located within 5 feet inside the proposed rnass-graded pad of
the fbture Cornunity Building Pad. This task will include the incorporation of past
addendums into the plans.
Task 1.3 Revise approximately three mass-grading plan sheets to reflect the removal of the
Corxmm.nity Building and delineate a 2% graded pad. This task will include the
incorporation of past addendums into the plans.
08/25/2003 14: 52 8582777680
Mr. Nom Luka NTD Architects I
NTD MCHITECTS PAGE 87/11
August 1,2003
Page 2
Task 1.4 Revise approximately two erosion control plans to reflect the design of a rnass-
graded pad in lieu of the Community Building.
Task 1.5 Revise approximately three onsite pub1,ic utility plans to reflect the removal of the
,Community Building. This task will include the incorporation of past addendurns
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-link fence shall be provided around the commd~ building to
prevent enmackmt into the habitat.
Task 1.9 Remove thc Grigatian pipes and heads from the community building pad area and
stub out pressure mains and controller wire for fiture comections.
Task 1.10 Removethe landscape planting and spccimen trees jhrn the landscape plans.
Task 1.1 1 Provide dry hydraseed mix for community building pad area.
Task 2 - Revisions to Specifications
Task 2.1 Incorporate the previously published civil engineering and landscape architecture
amendments to the original specification package.
Task 2.2 Due to the ranoval. of the community building, provide for the construction of a
.rnass-graded pad at a 2% slope for pJacanent of a temporary trailer.
Task 2.3 Provida adjustments to water service, sewer laterals, storm drainage hcilitias,
surface hardscape improvements, aud landscape irrigation services.
Task 2.4 Update hardscape specification for the tenace area
Task 2.5 Update large oak tree portion of the specifications.
Task 3 -Meetings and Coordhatioa
P&D will attend meetings as required by the CIient for a maximum mount of 10 hours.
P&D will provjde the above services for a fixed fee of $25,600. Senices requested that are not
. identified in the above scope of services will be executed by Climt-authorized change order.
i,
I'
88/25/2663 14: 52
Mr. Norm Luker
ITID Architects
8582777680 NTD ARCHITECTS PAGE 08/11
August 1,2003
Page 3
Rdmbursables
Reimbmable charges for blueprinting, photographic mylar reproduction, photocopying, travel and
mileage, delivery services, long-distance telephone charges, computerized plotting, special graphic
supplies, facsimiles, and other direct project charges hcurred on behalf of Client will be billed to
Client at cost plus 15%.
Thank you for contacting w regarding this additional work for Aviara Park It wiIl great to see this
p.mject go forwqd.
Lf you have any questions, please contact me.
Sincerely,
P&D CONSULTANTS, ZNC.
Chuck Moore
Vice Pnsident
Part One
Mai ng
a Community Park - Repackage 8 Rebid
Scope of Services
REVISED: September 5, 2003
The intent of this scope is to verify the building contractw(s) is in substantial compliance wllh the Architectural Construction
set of plans and specifications for the subject project. The worksheet below represents the Architect's responsible charge.
Item Description Hours Fees
1 Repackaging
Principal 2$ 340.00
Project Architect 12 $ 1,440.00
Specification Writer 20 $ 2,500.00
Draftsperson 27 $ 2,025.00
Clerical 6$ 330.00
Sub-total 67 f 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
Sub-total 8 6,070.00
3 Sub-Consultants
KNA- Structural
HVAC - Mechanical
T&R - Electrical Bldg.
IL4 - Electrical Site
Interior
P&D - CivillLandscape
$ 560.00
$ 600.00
$ 3.000.00
$ 4,400.00
$
$ 20.200.00
Food Service $
S u b-tota I $ 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 $500 per visit
with written approval by the City
NTD Architects
4719 Viewridge Avenue, Suite 200
San Diego, California 92123
(858) 277-5115
Part Two
Aviara Community Park - Repackage
Scope of Services
REVISED: September 5, 2003
The intent of this scope is to verify the building conlractor(s) is in substantial compliance with the Architectural Construction set of
plans and specifications for the subject project The worksheet below represents the Architect's responsible charge.
Item Description
1 Repackaging
Principal
Project Architect
Specification Writer
Draftsperson
Hours Fees
4$ 680.00
25 $ 3,000.00
30 $ 3,750.00
50 $ 3,750.00
Clerical 15 $ 825.00
Sub-total 124 $ 12,005.00
2 Sub-Consultants
KNA- Structural $ 1,121.00
HVAC - Mechanical $ 1,500.00
T&R - Electrical Bldg. $ 7,500.00
Electrical Site $
JYC - Interior $ 300.00
P&D - CiviVLandscape $ 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 oftice time
The worksheet above represents the Architects responsibilities Any additional scope
requested by the City or contractor shall be billed at a rate of $500 per visit
with written approval by the City
NTD Architects
4719 Viewridge Avenue, Suite 200
San Diego, California 92123
(858) 277-5115
Part One
Aviara Community Park - Construction Administration
Scope of Services
REVISED: September 5, 2003
The intent of this scope is to verify the building contractor(s) is in substantial compliance with the Architectural Construction set
of plans and specifications for the subject project. The worksheet below represents the Architect's responsible charge.
Item Description Hours Fees
1 Preconstruction Conference
Principal
Project Architect
Specification Writer
Draflsperson
2$ 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 28 $ 4,760.00
Project Architect 128 $ 15,360.00
Specification Writer 40 $ 5,000.00
Draflsperson 80 $ 6,000.00
Clerical 160 $ 8,800.00
S u b-total $ 39,920.00
3 Preliminary Punch List
Principal
Project Architect
Specification Writer
Draftsoerson
$
$
$
6$ 720.00
Clerical 8$ 440.00
Sub-total $ 1,160.00
4 Project tlose-Out
Principal
Project Architect
Specification Writer
Draftsperson
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
WAC - Mechanical
T&R - Electrical Bldg.
ILA - Electrical Site
Interior PBD - 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 vislts, 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