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HomeMy WebLinkAbout2015-07-14; City Council; 22032; Agreements Professional Services Roesling Nakamura Terada Architects, Pine Avenue Park PlanCITY OF CARLSBAD - AGENDA BILL 10 AB# 22,032 APPROVE RESOLUTIONS AUTHORIZING AGREEMENTS FOR PROFESSIONAL SERVICES WITH ROESLING NAKAMURA TERADA ARCHITECTS, INC. FOR THE PINE AVENUE COMMUNITY PARK MASTER PLAN IMPLEMENTATION, IN A NOT TO EXCEED AMOUNT OF $999,497; AND WITH SCHMIDT DESIGN GROUP, INC. FOR THE AVIARA AND POINSETTIA COMMUNITY PARKS MASTER PLAN IMPLEMENTATION, IN A NOT TO EXCEED AMOUNT OF $212,360 AND $212,749, RESPECTIVELY. DEPT. DIRECTOR MTG. 07/14/2015 APPROVE RESOLUTIONS AUTHORIZING AGREEMENTS FOR PROFESSIONAL SERVICES WITH ROESLING NAKAMURA TERADA ARCHITECTS, INC. FOR THE PINE AVENUE COMMUNITY PARK MASTER PLAN IMPLEMENTATION, IN A NOT TO EXCEED AMOUNT OF $999,497; AND WITH SCHMIDT DESIGN GROUP, INC. FOR THE AVIARA AND POINSETTIA COMMUNITY PARKS MASTER PLAN IMPLEMENTATION, IN A NOT TO EXCEED AMOUNT OF $212,360 AND $212,749, RESPECTIVELY. CITY ATTY. DEPT. R&R APPROVE RESOLUTIONS AUTHORIZING AGREEMENTS FOR PROFESSIONAL SERVICES WITH ROESLING NAKAMURA TERADA ARCHITECTS, INC. FOR THE PINE AVENUE COMMUNITY PARK MASTER PLAN IMPLEMENTATION, IN A NOT TO EXCEED AMOUNT OF $999,497; AND WITH SCHMIDT DESIGN GROUP, INC. FOR THE AVIARA AND POINSETTIA COMMUNITY PARKS MASTER PLAN IMPLEMENTATION, IN A NOT TO EXCEED AMOUNT OF $212,360 AND $212,749, RESPECTIVELY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2015-188 authorizing an agreement w/ith Roesling Nakamura Terada Architects, Inc. for professional services for the Pine Avenue Community Park Master Plan Implementation - Project No. 4603, in a not to exceed amount of $999,497 (Exhibit 1). Adopt Resolution No. 2015-189 authorizing an agreement w/ith Schmidt Design Group, Inc. for professional services for the Aviara and Poinsettia Community Parks Master Plan Implementation - Project Nos. 4604 and 4605, in a not to exceed amount of $212,360 and $212,749 (Exhibit 2). ITEM EXPLANATION: On Dec. 17, 2013, the City Council accepted the parks & recreation department's needs assessment and comprehensive action plan. The report included a comprehensive action plan which serves as a guide for priority development, capital improvement project planning, and park, facility, and amenity development for a five year period. Key action items were formulated and divided into three groups: short term (0-3 years), midterm (4-5 years), and ongoing tasks. Updates to the Pine Avenue, Aviara and Poinsettia Community Parks master plans were subsequently undertaken based on the following short term action item: "Update master plans for future facilities to ensure amenities are consistent with the community vision as identified in the needs assessment." The master plan updates focused on the areas of these community parks that had yet to be fully realized or constructed per the original master plan. The updates were also developed consistent with the parks & recreation department's vision "To strengthen community connectivity through world class offerings and exceptional customer sen/ice." Special emphasis was placed on collecting public input for the master plan update process; a unique crowdsourcing website was created (www.carlsbadparksplan.com) to serve as a central reference and distribution point for all project related information. Additionally, the site provided a user-friendly forum for public input and feedback directly via the homepage and a link to an online survey. Stakeholder interviews and three open public meetings (one for each park) completed the public input process. The data collected during the needs assessment, the public input process, and the master plan research, contributed significantly to these updates. DEPARTMENT CONTACT: Kyle Lancaster 760-434-2941, Kyle.Lancaster@carlsbadca.gov FOR CLERK USE. J COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • Page 2 On December 9, 2014, after receiving a summary of the above data, and recommendations from the Parks & Recreation Commission and the Senior Commission, the City Council approved the master plan updates for Pine Avenue, Aviara, and Poinsettia Community Parks. On June 30, 2015, the City Council approved the Fiscal Year 2015- 16 Capital Improvement Program (CIP) budget, which included funding for design and construction of the master plan projects at Pine Avenue, Aviara and Poinsettia Community Parks. The master plan projects include the following park amenities (Exhibits 7-9): • Pine Avenue Park (799 Pine Avenue) - an 18,000 s.f. multi-purpose community center, an ornamental garden, and a community garden with raised planters for lease. • Aviara Park (6435 Ambrosia Lane) - a large passive outdoor community gathering space/amphitheater, group picnic shelter, individual picnic areas, possible fire pits, and a 1,000 s.f. building with restrooms and a warming kitchen - complete with appliances to support outside catering vendors and food and beverage service. • Poinsettia Park (6651 Hidden Valley Road) - a dog park for both large and small dogs, updated tot lots, and a multi-sports arena. On March 2, 2015, the city issued a Request for Qualifications (RFQ) and Price Proposals to provide Professional Design Services (professional services) for the projects proposed in the Pine Avenue, Aviara and Poinsettia Community Parks' updated master plans. The design firm's services will include refinements based on the approved concepts for the parks' master plans, design development, preparation of construction documents, and services associated with the bidding and construction phases of each ofthe projects. On March 31, 2015, staff received a total of 35 proposals - 10 for Pine Avenue Park, 12 for Aviara Park and 13 for Poinsettia Park. The proposals were reviewed by an interdepartmental staff selection committee and the top three firms for each ofthe park projects were invited to interviews on April 27-28, 2015. The most qualified firms for each park project were invited to enter into negotiations with the city on May 4, 2015. Negotiations were completed in June 2015. The terms ofthe agreements have been established at a "not to exceed" amount" that staff determined to be within market expectations for such scopes of services. The following table identifies the park, the respective design firm selected to provide the professional services, and the not-to-exceed contract amount: TABLE 1: FEES FOR PROFESSIONAL DESIGN SERVICES Community Park Project (Park Quadrant) CIP Project No. Professional Design Services Firm Not to Exceed Contract Amount Pine Avenue (NW) 4603 Roesling Nakamura Terada Architects, Inc. $999,497 Aviara (SW) 4604 Schmidt Design Group, Inc. $212,360 Poinsettia (SW) 4605 Schmidt Design Group, Inc. $212,749 Staff therefore recommends that the City Council authorize the Mayor to execute the professional services agreements with these respective design firms. The tentative project schedule for each park is as follows: TABLE 2: TENTATIVE PROJECT SCHEDULE Pine Avenue Community Park Master Plan Project Activities Timeframe Master plan refinement, confirm program needs, validate space needs, prepare site plan and conceptual floor plans, building elevations and landscape plans July-Dec. 2015 Prepare plans and specifications, construction cost estimates, construction documents, complete plan check and obtain necessary permits Jan.-June 2016 Bidding and award of construction contract July-Oct. 2016 Construction Nov. 2016-Nov. 2017 Pages Aviara and Poinsettia Community Park Master Plan Project Activities Timeframe Master plan refinement, confirm program needs, validate space needs, prepare site plan and conceptual floor plans, building elevations and landscape plans July-Oct. 2015 Prepare plans and specifications, construction cost estimates, construction documents, complete plan check and obtain necessary permits Nov. 2015-Feb. 2016 Bidding and award of construction contract March 2016-July 2016 Construction Aug. 2016-June 2017 FISCAL IMPACT: All three parks master plan projects will be funded through Public Facility Fees (PFF) and/or Park in Lieu (PIL) Fees. The Capital Improvement Program (CIP) budgets for each ofthe projects became effective July 1, 2015, and there have been no expenditures or appropriations to date. Table 3 shows the professional design services contract amounts, and the total amounts (design and construction) appropriated in the respective CIP project budgets. As illustrated below, there are sufficient funds available to execute these professional services contracts. TABLE 3: CIP PROJECT BUDGET STATUS Community Park Master Plan Project Professional Design Services Contract Amount Total Appropriated Amount (Design and Construction) Pine Avenue: $999,497 $10,300,000 Aviara: $212,360 $3,060,500 Poinsettia: $212,749 $3,850,000 TOTAL: $1,424,606 $17,210,500 ENVIRONMENTAL IMPACT: The proposed projects are within the scope of the prior environmental documents for each park and no further environmental documentation is required per CEQA Guidelines Section 15162. However, all applicable mitigation measures contained in the prior environmental documents will be incorporated into the new construction documents. EXHIBITS: 1. Resolution No. 2015-188 authorizing an agreement with Roesling Nakamura Terada Architects, Inc. for Professional Services for the Pine Avenue Community Park Master Plan Implementation - Project No. 4603, in a not to exceed amount of $999,497. 2. Resolution No. 2015-189 authorizing an agreement with Schmidt Design Group, Inc. for Professional Services for the Aviara and Poinsettia Community Parks Master Plan Implementation - Project Nos. 4604 and 4605, in a not to exceed amount of $212,360, and $212,749, respectively. 3. Agreement with Roesling Nakamura Terada Architects, Inc. for Professional Services for the Pine Avenue Community Park Master Plan Implementation - Project No. 4603. 4. Agreement with Schmidt Design Group, Inc. for Professional Services for the Aviara and Poinsettia Community Parks Master Plan Implementation - Project Nos. 4604 and 4605. 5. Location Map - Pine Avenue Community Park 6. Location Map - Aviara and Poinsettia Community Parks 7. Pine Avenue Community Park Master Plan Update 8. Aviara Community Park Master Plan Update 9. Poinsettia Community Park Master Plan Update EXHIBIT 1 1 RESOLUTION NO. 2015-188 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AN AGREEMENT WITH ROESLING NAKAMURA TERADA ARCHITECTS, INC. FOR PROFESSIONAL 4 SERVICES FOR THE PINE AVENUE COMMUNITY PARK MASTER PLAN IMPLEMENTATION - PROJECT NO. 4603, IN A NOT TO 5 EXCEED AMOUNT OF $999,497 6 y WHEREAS, on Dec. 17, 2013, the City Council accepted the parks & recreation department's g needs assessment and comprehensive action plan; and 9 WHEREAS, updates to the Pine Avenue, Aviara and Poinsettia Community Parks master plans 10 were subsequently undertaken based on a short term item within the comprehensive action plan; 11 WHEREAS, on December 9, 2014, the City Council approved the parks & recreation department's updated master plans for Pine Avenue, Aviara and Poinsettia Community Parks, which ensure that future park amenities are consistent with the community's vision as identified in the 2013 City of Carlsbad Parks & Recreation Needs Assessment; and WHEREAS, the new amenities within the Pine Avenue Community Park Master Plan Implementation Project, hereafter referred to as the "Project", consist of an 18,000 s.f. multi-purpose community center, an ornamental garden, and a community garden with raised planters for lease; and WHEREAS, on March 2, 2015, the city issued a Request for Qualifications (RFQ) and Price Proposals to provide Professional Design Services (professional services) for the Project; and 12 13 14 15 16 17 18 19 20 21 WHEREAS, the city received a total of 10 submittals for professional services for the Project; and 22 WHEREAS, the evaluation of said submittals by the city has resulted in a recommendation of 23 Roesling Nakamura Terada Architects, Inc. as the most qualified consultant for the Project; and 24 WHEREAS, a professional services agreement between the city and Roesling Nakamura Terada 25 Architects, Inc. has been prepared and is recommended for approval in a not to exceed amount of 26 $999,497 for the Pine Avenue Community Park Master Plan Implementation - Project No. 4603; and 27 28 1 WHEREAS, the Fiscal Year 2015-16 Capital Improvement Program (CIP) budget includes funding 2 for the design of Project No. 4603; and 3 WHEREAS, the City Council hereby finds it necessary, desirable, and in the public interest to approve said professional services agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, that: 1. The above recitations are true, correct, and incorporated herein. 2. The attached professional services agreement between the city and Roesling Nakamura Terada Architects, Inc. is hereby approved and the Mayor is authorized to execute said 4 5 6 7 8 9 10 J ^ agreement on behalf of the City of Carlsbad. 12 3. There are sufficient funds available in the Fiscal Year 2015-16 Capital Improvement 13 Program (CIP) budget. 14 // 15 // 16 17 18 19 20 21 22 23 24 25 // // // // // // // // // 26 // 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 14*'^ day of July, 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. MATT H/Kll, Mayor ATTEST: BARBARA ENGLESOW, City Clerk (SEAL) ,<SBA'^V EXHIBIT 2 1 RESOLUTION NO.2015-189 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AN AGREEMENT WITH SCHMIDT DESIGN GROUP, INC. FOR PROFESSIONAL SERVICES FOR THE 4 AVIARA AND POINSETTIA COMMUNITY PARKS MASTER PLAN IMPLEMENTATION - PROJECT NOS. 4604 AND 4605, IN A NOT TO 5 EXCEED AMOUNT OF $212,360 AND $212,749, RESPECTIVELY 6 y WHEREAS, on Dec. 17, 2013, the City Council accepted the parks & recreation department's 8 needs assessment and comprehensive action plan; and 9 WHEREAS, updates to the Pine Avenue, Aviara and Poinsettia Community Parks master plans were subsequently undertaken based on a short term item within the comprehensive action plan; WHEREAS, on December 9, 2014, the City Council approved the parks & recreation department's updated master plans for Aviara and Poinsettia Community Parks, which ensure that future park amenities are consistent with the community's vision as identified in the 2013 10 11 12 13 14 City of Carlsbad Parks & Recreation Needs Assessment; and 16 WHEREAS, the new amenities proposed within the Aviara and Poinsettia Community 17 Parks Master Plan Implementation Projects, hereafter referred to as the "Projects", consist of: • Aviara Community Park - a large passive outdoor community gathering space, a group picnic shelter, individual picnic areas, a 1,000 s.f. warming kitchen complete with appliances to support outside catering vendors and food and beverage service; 18 19 20 21 22 • Poinsettia Community Park - a dog park for both large and small dogs, updated tot 23 lots, and a multi-sports arena; and WHEREAS, on March 2, 2015, the city issued a Request for Qualifications (RFQ) and Price 25 Proposals to provide Professional Design Services (professional services) forthe Projects; and 26 " 27 28 7 1 WHEREAS, the city received a total of 12 submittals for professional services for the Aviara Community Park Project and 13 submittals for professional services for the Poinsettia Community Park Project; and WHEREAS, the evaluation of said submittals has resulted in a recommendation of Schmidt Design Group, Inc. as the most qualified consultant for the Projects; and 3 4 5 6 7 WHEREAS, a professional seCvices agreement between the city and Schmidt Design 8 Group, Inc. has been prepared and is recommended for approval in a not to exceed amount of $212,360 for the Aviara Park Community Master Plan Implementation - Project No. 4604 and a not to exceed amount of $212,749 for the Poinsettia Community Park Master Plan Implementation - Project No. 4605; and 9 10 11 12 WHEREAS, the Fiscal Year 2015-16 Capital Improvement Program (CIP) budget includes 14 funding for the design of Project Nos. 4604 and 4605; and 15 WHEREAS, the City Council hereby finds it necessary, desirable, and in the public interest to approve said professional services agreement. NOW, THEREFORE, BE IT RESOLVED bythe City Council ofthe City of Carlsbad, California, that: 1. The above recitations are true, correct, and incorporated herein. 21 2. The attached consultant agreement between the city and Schmidt Design Group, 22 Inc., is hereby approved and the Mayor is authorized to execute said agreement on behalf of the City of Carlsbad. There are sufficient funds available in the Fiscal Year 2015-16 Capital Improvement Program (CIP) budgets. 16 17 18 19 20 23 24 25 26 27 28 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the lA^^ day of July, 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. ATTEST: BARBARA ENGLESON, Gty Clerk (SEAL) /o^!>;;;".>-.5VA EXHIBITS AGREEMENT FOR PROFESSIONAL SERVICES FOR THE PINE AVENUE COMMUNITY PARK MASTER PLAN IMPLEMENTATION - CIP PROJECT NO. 4603 ROESLING NAKAMURA TERADA ARCHITECTS, INC. AGREEMENT is made and entered into as of the day of , 2015, by and between the CITY OF CARLSBAD, a municipal 5rpolation,/('W'), and ROESLING NAKAMURA TERADA ARCHITECTS, INC., a California 3ration,\(3contractor"). RECITALS A. City requires the professional services of an architecture firm that is experienced in public park development. B. Contractor has the necessary experience in providing professional services for the preparation and coordination of construction documents for public parks. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A" - PINE AVENUE COMMUNTY PARK, 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. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services defined in EXHIBIT "A" - PINE AVENUE COMMUNITY PARK to be performed during the initial Agreement term shall not exceed nine hundred ninety- nine four hundred ninety-seven dollars ($999,497). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". REV. 07/02/2015 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the 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. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 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-:VH"; OR with a surplus City Attorney Approved Version 4/1/15 line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits ofthe insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liabilitv Insurance. $2,000,000 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. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional 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. 10.2 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 Commercial General Liability which shall provide primary coverage to the City. 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 ofthe 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 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or City Attorney Approved Version 4/1/15 I'L maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS UCENSE 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 ofthree (3) years from the date of final payment underthis 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 ofthe persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv For Contractor Name Kyle Lancaster Name Chikako Terada Title Parks Superintendent Title Principal-ln-Charge City of Carlsbad Parks & Department Recreation Department Address 363 Fifth Avenue, Suite 202 Address 799 Pine Avenue. Suite 200 San Diego, CA 92101 Carlsbad, CA 92008 Phone No. 619-233-1023 Phone No. 760-434-2941 Email terada(S)rntarchitects.com 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. City Attorney Approved Version 4/1/15 13 16. CONFLICT OF INTEREST If requested by City, Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware ofthe requirements ofthe Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be 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 ofthe 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 ofthe 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. City Attorney Approved Version 4/1/15 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 rightto 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. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part ofthe 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 ef 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. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 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 nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 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. City Attorney Approved Version 4/1/15 IS CONTRACTOR ROESLING NAKAMURA TERADA ARCHITECTS, INC. By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Mayor ATTEST: (sign her^ oiprint najTie/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A 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: CELIA A. BREWfeK.,^ Attorney iyC ASSIS City Attorney Approved Version 4/1/15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of. ) On ji^/'^ f»'20l< ""beforeme, /^f/^^ ^l^^ % , Vl^^tl fOhli ' ' Date He/e Insert Name and Title of tfie Officer personally appeared J^k^ V/h ^ fCm^ W iJ^ Ch'K^^ ^ /NaniQopSign^^J who proved to me on the basis of satisfactory evidence to be the persoifeyi)hose nanT^^is<ar^ subscribed 4p the within instrument and acknowledged tcune that he/she/1!^e|3p<ecuted the same>r his/her/lQi^thorized capacity(ies), and that bi^iis/her/(hdpsignatur(^on the instrument the person^ or the entity upon behalf of which the persott(§)Jbted, exSSuted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. HUNGQUOCTU Commission No. 205S313 NOTARY PUBtlC-CAUFORNIA SAN DIEGO COUNTV Uy Qpmm. Expire* JANUARY 16.2018 •»< wt' • WITNESS my hand and official seal Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docu Title or Type of Document: Number of Pages: Sig Capacity(ies) Claimed by Signer(s) Signer's Name: 'eauacnmeni OT inis Turni lu ail uiiiiiLciiucu uui^uiiiciiL. . 3igher(s) Other Than Named Above: ^::(J^^'^S • Corporate Officer - Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: . • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 EXHIBIT "A" - PINE AVENUE COMMUNITY PARK PINE AVENUE PARK COMMUNITY CENTER AND GARDEN - SCOPE OF WORK TASK 0 - PROJECT INITIATION 0.1 - Pre-Kick-Off Strategy IVIeeting Meet with the City to develop better understanding of the project scope and confirm an overall project strategy • Develop interactive planning techniques. • Establish "Scheduling Workshop" process. The garden areas and community center will be on the same track for planning and review. • Outline the agenda for the project kick-off meeting • Determine the critical attendees who would contribute to the development of an overall project schedule. • Ornamental/Community Garden: Project Goals and Design Process • Review City and community objectives for Gardens • Review and approval of conceptual plans will be by staff. The Carlsbad Community Garden Collaborative (CCGC) will be a stakeholder in the design review for the community gardens. • Off-site improvements: Determine feasibility of repurposing alley. The Transportation Division will be included in discussions and will provide feedback on repurposing the alley and the feasibility of providing off-site parking improvements on Chestnut Ave. and/or Madison St. 0.2 - Project Kick-Off IVIeeting Conduct a project kick-off meeting at Parks & Recreation office • Review of project goals and objectives • Confirm the project scope • Assign initial tasks • Confirm the project schedule 0.3 - IVIeetings • Not to exceed two (2) meetings with the City as described. 0.4 - Deliverables • Meeting minutes • Project Schedule 0.5 - CITY Responsibilities • Assist the Design Team in outlining the Agenda for the project kick-off • Determine attendees who would contribute to the development of the project. • Define roles and responsibilities Pine Avenue Park Community Center and Garden Scope of Work Page 1 June 11, 2015 n TASK 1 - IVIASTER PLAN REFINEMENT PHASE 1.1 - Project Research and Information Gathering Research and review available project information, including Building Codes, Fire Truck Access and other regulatory considerations that may impact the project. COMMUNITY CENTER & GARDEN AREAS • Research building code and permit requirements for the project • Analyze integration of Zero Net Energy features into the project in accordance with CALGreen, Title 24 and Net Zero Energy Standards. • Review available Record Drawings • Team Site Visit/Walk with the City The Design Team will perform limited field investigation to verify existing conditions in all disciplines. The field investigation and observation will be reflected in the background drawings described in Task 1.3. • Site Civil Survey: The city will provide CAD drawings for the existing site improvements. The Civil Engineer wili include the additionai parcels at the southwest corner of the site (in the ornamental garden area) on the base map and verify all field conditions in the areas of work. • Geotechnical Study at Specific Site Locations as described in Task 1.4. • Analyze Opportunities and Constraints • Program Ornamental/ Community Garden Maintenance responsibilities; review of models for maintenance and management (include CCGC in discussions for community garden) Define users, space needs and capacity requirements, support and storage structures Analysis and Program Diagrams: Prepare diagrams, capacity calculations and narrative describing conclusions and findings. • Review regional examples of garden areas • Interpretive Planning Concept plan - identify interpretive themes and opportunities for ornamental and community garden areas. • Study Parking reconfiguration: Feasibility or repurposing alley, rearrangement of parking and drop-off areas Off-site parking improvements at Chestnut Ave. and Madison St. (Optional) • Determine project irrigation water source (e.g. recycled or potable) and any speciai permitting requirements. 1.2 - Validation of Scope of Work Conduct a Design Workshop with the City and the designated stakeholders to refine the scope as indicated in the Master Plan. • Validate programming and scope for the Community Center including associated site work • Validate programming and scope for Ornamental Garden and Community Garden • Establish Sustainable Design Goals for both the Community Center and Gardens Pine Avenue Park Community Center and Garden Scope of Work Page 2 June 11, 2015 IS • Validate approach for Ornamental/ Community Gardens to integrating new amenities with existing park / Limit of Work (e.g. if parking is moved to south end, knuckle is further developed, etc.) 1.3 - Supplemental Survey and Topographic Base Drawing The design firm shall supplement with additional topographic information using surveyors to collect design level details on existing topography, property boundary, existing utilities, and any other necessary supplemental field survey data to prepare a comprehensive base plan. 1.4 - Geotechnical Report The engineer will explore the community center site by drilling three (3) borings to depths up to 20 feet or to refusal whichever comes first; and will explore the garden area site by drilling two (2) borings to a depth of 5 feet. A report will be prepared and address the existing soil composition, percolation test results, laboratory test results and recommendations for earthwork, compaction, flatwork, and walls/footings. 1.5 - Refine the Master Plan Design and Convert Concept Master Plan to Schematic Design Drawings • Create background drawings in digital format where new work will be performed as needed. In general. Architectural Building Plans will be in Revit and the remaining, such as Civil, Landscape, Mechanical, Plumbing, Electrical Plans and Site Plans, will be in CAD. • A maximum of three (3) alternative designs shall be prepared for the community center and garden components. • The design firm will coordinate with the selected project artist to include an area for pubiic art into the plan. Coordination meetings with the artist are listed under Sections 2.11 and 3.10. • Develop drawings to best communicate the design intent and program. The following drawings will be included: COMMUNITY CENTER,- the Architect will prepare schematic level plans for the community center based on the City's recreational programming needs, general building requirements and previous community input. The Architect will study the building program and provide alternative recommendations for the building floor plan. • Enlarged Site Plans - Community Center and Gardens Site Sections • Community Center Floor Plans and Sections • Exterior Elevations of Building and Structures indicating materials and finish • Preliminary Landscape Plans • Landscape Concept Package: Illustrative plan, sketches, sections and/or elevations indicating proposed landscape design with notes and legend indicating elements such as gathering places, hardscape, site structures, special features, planting, site lighting and site furnishings. • Design Narrative: describing building and landscape concepts, materials and design intent Pine Avenue Park Community Center and Garden Scope of Work Page 3 June 11, 2015 GARDENS Concept alternatives plan configurations and design studies: Sketch plans, material and landscape concept images will be developed. Concept Refinement: Prepare draft illustrative plan and preliminary Sketch-Up model views, sections and/or elevations of selected alternative to develop and refine landscape character. Landscape Concept Package: Illustrative plan, sketches, sections and/or elevations indicating proposed landscape design with notes and legend indicating elements such as gathering places, hardscape, site structures, special features, planting, site lighting and site furnishings. Preliminary materials may be reviewed. Design Narrative: describing landscape concepts, materials and design intent. OFF-SITE PARKING IMPROVEMENTS Prepare a preliminary study for off-site parking improvements on Chestnut Avenue and Madison Street (Optional). Prepare conceptual plan for modifications to on-site circulation, drop-off and parking areas. 1.6 - Validation of Schedule Review the project schedule provided by the City and update with project milestones. 1.7 - Meetings Meet with the City every other week to monitor the project progress (e.g. project scope, scheduie, budget, and process). The meetings for the Community Center will coincide with the meetings for the Gardens. • Progress Meeting with City's project manager • City Building Department for Preliminary Review • Meetings will include, but not be limited to: Programming/ analysis Concept alternatives Selected Concept Refinement 1.8 - Opinion of Probable Costs Prepare an opinion of construction costs to reflect the scope and anticipated construction costs as reflected bythe selected schematic design drawings. 1.9 - Design Refinements - The design team will make refinements to the schematic design package based on feedback received by City staff. A total of two (2) rounds of review and revision is anticipated, schedule permitting. 1.10 - Final Design presentations to City Staff Present the final design to City Staff and key project stakeholders to obtain final approval prior to commencing with the Design Development Phase. Pine Avenue Park Community Center and Garden Scope of Work Page 4 June 11, 2015 to 1.11 - Meetings • Not to exceed eight (8) meetings with the City as described above in Carlsbad. 1.12 - Deliverables (8-1/2" x 11" unless otherwise noted) Consultant Contact Directory Opportunities and Constraints Report Updated Detailed Project Schedule Progress set of Community Center/Garden Master Plan refinement/Schematic Design Drawings (24" x 36") to confirm scope and budget Community Center/Garden Master Plan refinement/Schematic Design Drawings (24" x 36") Presentation materials (Electronic fiie and a hard copy in 8-1/2" x 11") Geotechnical Report Estimate of Probable Costs Meeting minutes 1.13 - CITY Responsibilities • Provide Record documents and drawings, including relevant As-Builts in pdf or Auto CAD format, and any survey or topographic information in digital format. Provide any programming, studies and analysis performed to date for the project Provide City Park Standards List Provide list of City Facilities Equipment and Standards Review and comment on the design, presentations, and cost reports Work with the Design Team to prioritize the program and scope to maintain the project within the budget TASK 2 - DESIGN DEVELOPMENT PHASE After completion ofthe Master Plan Refinement Phase (Schematic Design), the design team will work closely with the City to refine the design into 30% complete Design Development drawings and specifications. 2.1 - Design Development Drawings and Phasing Plan • Prepare design development documents consisting of drawings, outline specifications, incorporating the City's comments from the Master Plan Refinement Phase. The Design Development Level Drawings will include the following. • Code Analysis Sheet showing the summary of the analysis • Demolition Plan • Construction Staging/Laydown areas • Civil Drawings (in CAD) Utility Plan (wet and dry utilities) Grading and Drainage Plans Pine Avenue Park Community Center and Garden Scope of Work Page 5 June 11, 2015 Paving Plan (paved surfaces and permeable paving) Preliminary SWPPP/Erosion Control Plan Off-site parking Improvement Plans (Optional) On-site parking, circulation and drop-off areas (as required) Preliminary Storm Water Management Plan • Landscape Drawings (in CAD) Landscape Construction Plans (Hardscape Plan (excluding on and off-site vehicular), seat wails, fencing, site furnishing, raised beds, etc.)_ Landscape Construction Materials - identify decorative paving, mow strips, seat walls, fencing, shade structures, and site furnishings (benches, picnic tables, trash receptacles, bike racks, drinking fountains, etc.). Product literature describing site furnishings and fixtures wili be updated from Schematic Design submittal. Planting Plan Irrigation Plan Recycled Water Plan In progress details and legends for hardscape, planting, irrigation Input into grading/ stormwater treatment measures Input into site lighting and site signage Design interpretive panels at garden areas • Architectural Drawings (in Revit) - Building Information Modeling, at a LOD of 200-300, shall be used as a tool for the design development phase of the community center. Site Plans Floor Plans and furniture layout Elevations and Sections Interior Elevations for the key spaces Reflected Ceiling Plans for the key spaces - Roof Plan • Mechanical and Plumbing (in CAD) Floor Plans • Electrical and Site Lighting (in CAD) Title 24 Energy Compliance Floor Plans showing light fixture locations Light Fixture Schedule Initial electrical will be routed and coordinated with other disciplines. Photometric plans illustrating proposed foot-candle distribution across the site. • FF&E - Requirements for cabinets, casework, hardware and related specialties shall be determined. A preliminary furniture plan shall be prepared indicating usage and furniture layout of every work station, office and support space. 2.2 - Outline Specifications Pine Avenue Park Community Center and Garden Scope of Work Page 6 June 11, 2015 Prepare Specifications, in the 16 Division, CSI format, in order to identify and define the materials and system components selected for the project. Outline specifications will be in summary outline form. 2.3 - Basis of Design Report Assemble a technical manual with organized product literature and data selected for the project to include: • Key Materials • Cutsheets • Equipment and fixtures RNT will incorporate City Standard Equipment into the project as applicable. 2.4 - Building Code Analysis Analyze the proposed design based upon applicable building codes having jurisdiction over the project. • Prepare a preliminary occupancy and exiting plan to identify the type of construction, type of occupancy, required fire rating/separation, and location/number of exits required. 2.5 - Design Development Opinion of Cost Update the opinion of construction cost to reflect the design development drawings (30% design), specifications and anticipated construction costs 2.6 - Project Schedule Update the project schedule to show anticipated time frames required for the preparation of final construction documents, plan check/approval, bidding, and construction. 2.7 - SDG&E Savings by Design Program Engage SDG&E for Savings by Design Program for incentive. • Initiate a meeting with SDG&E to explore the opportunities in the Savings by Design program funded by SDG&E. • Consult with the City in regards to the scope or cost impact if any and make recommendations. 2.8 - Development of Renderings and Color/Material Boards Provide rendering and color/material boards for use in public venues including the City's marketing and public relations strategy to support the proposed design for the community center and gardens. 2.9 - City and Stakeholder Approvals Obtain the approval of City Staff and the designated stakeholders once the design development phase is complete and prior to beginning final construction document plans and specifications. Pine Avenue Park Community Center and Garden Scope of Work Page 7 June 11, 2015 2.10 - Public Art Coordination Coordinate with the artist and the City for the design criteria and the placement of the installation(s) 2.11 - Meetings • Not to exceed four (4) meetings with the City as described above in Carlsbad. (Confirm the number of meetings with the City). • Not to exceed one (1) meeting for the Public Art coordination. 2.12 - Deliverables (8-1/2" x 11" unless otherwise noted) Design Development Drawings (30% drawings) (24" x 36") Presentation Rendering Boards and Color / Materials Boards(24" x 36") Outline Specifications Basis of Design Report Building Code Analysis Updated Detailed Project Schedule Updated Estimate of Probable Costs Recommendations for SDG&E Savings by Design Program Meeting minutes 2.14 - CITY Responsibilities • Provide City's standard Public Works Contract language and Supplemental Provisions. • Provide City Standard Equipment List and specifications • Provide City's AV and IT equipment and specifications list • Feedback on the design, presentations, and Estimate of Probable Costs • Continue working with the Design Team to assist with decisions on building system design options, materials and finish to maintain the project within the budget TASKS 3 - CONSTRUCTION DOCUMENT PHASE After compietion ofthe Design Development Phase, the design team will prepare the Construction Documents, including final drawings, specifications, calculations, geotechnical reports. Storm Water Management Plan, SWPPP, and updated estimate of probable costs. The disciplines include: Architectural Civil Engineering Landscape Architecture Structural Engineering Mechanical Engineering Electrical Engineering (site and building) Low Voltage /Technology Consultant (as needed) Audio Visual Consultant (as needed) Acoustical Consultant Interior Design (as needed) Furniture, Fixtures and Equipment Pine Avenue Park Community Center and Garden Scope of Work Page 8 June 11, 2015 ^4 • Interior Design • IT (City's contracted consultant) 3.1 - Construction Documents The Construction Documents are prepared setting forth in detail the project requirements for construction. The 80% and 100% Construction Documents submittal packages will include plans, specifications, and estimates in city-approved format. Final construction drawings shall be prepared for project bidding purposes and shall include all related details and schedules. The following plans will be included: • Title Sheet: A title sheet will be prepared for the construction document package. • Demolition Plan: A demolition plan shall be prepared showing the removal or protection of existing structures, utilities, drainage facilities, trees and vegetation, along with clearing and grubbing limits of work. • Staging & Laydown Plan: A plan showing the staging and laydown areas for construction activities shall be prepared. • Precise Grading, Drainage and Paving Plans: The plans shall show the limits of proposed improvements, including the design of finish grades for the parking lots, on-site parking and/or drop-off areas, curbs and gutters, sidewalks, landscape features, building and shade structures, landscaped areas and drainage facilities. • Improvement Plans: Improvement plans shall be prepared for off-site parking areas and related improvements on Chestnut Avenue and Madison Street. • Earthwork Calculations: Calculations for earthwork/cut/fill will be prepared based on the park grading design. • Storm Drain Plans: All proposed drainage infrastructure will be included on the Grading and Drainage Plans identified above. NPDES treatment requirements will be shown on the Plan and this treatment methodology will be utilized in the design to the extent practical. • Water & Sewer Improvement Plans: Consultant shall prepare and process Water and Sewer Improvement Plans that include construction notes, lateral locations, individual meters, fire hydrants and valves. Profiles for types 8" or larger will be provided. • Wet & Dry Utility Plans: The team's civil engineering consultant will provide water, sewer and dry utility design plans for the park. Pine Avenue Park Community Center and Garden Scope of Work Page 9 June 11, 2015 • Horizontal Control Plans: Plans will provide dimensioning to all new improvements and provide sufficient detail forthe selected contractor to perform construction layout and staking. • Landscape Hardscape and Materials Plans: Plans and details will illustrate the layout and placement of elements including sidewalks, gathering spaces, seat walls, shade structures, and site furnishings. A materials schedule will denote the manufacturer, model number, color, and finish of all proposed park improvements. • Construction Details: Construction details will be provided for all proposed improvements. Details will be custom and project specific or reference regionally accepted standards. • Architectural Plans: The architect will prepare construction documents for the community center. Plans will include all information required to successfully construct the community center. This includes building plans, structural, MEP, low voltage technology, fire alarm, security system, AV, and acoustics. • Lighting & Electrical Plans and Details: The team's electrical engineering consultant will provide lighting and electrical plans and details identifying the location of site lighting for walkway / path lighting (community center and garden areas), security lighting, service to the community center, and service for AV requirements, and Title 24 Energy Compliance. • Landscape Planting Plans and Details: Plans will indicate the locations, sizes, and species of all park landscape materials, including lighting. Details will be provided or will reference appropriate City standards or drawings. • Irrigation Plans and Details, including Recycled Water Plan: Equipment and details will consist of a listing of irrigation system components including irrigation heads, valves, and smart controllers (manufacturer and equipment model numbers) utilizing City park standard for irrigation components and equipment. The irrigation system will be designed to meet AB 1881 requirements. • Art Component: Plans will include the final placement and footing/fastening requirements for the installation(s). The City will provide information for the coordination of the artwork installation. 3.2 - Revit Model/BIM The design firm shall develop and incorporate into the Construction Documents for the Pine Avenue Park community center, a Revit Model to be used by the city, the city's Project Manager, and the construction contractor as part of the Building Information Model at a LOD of 400. The Civil and Landscape plans are excluded from the BIM requirements and will remain in AutoCAD. Pine Avenue Park Community Center and Garden Scope of Work Page 10 June 11, 2015 The architect shall provide a completed REVIT model for the community center. The BIM model LOD 400 will be provided illustrating the various building systems, placements, sizing, etc. Revit Model and BIM shall become the property of the city. At the request of the contractor, the design firm shall provide electronic files for the Pine Avenue Park community center as a convenience for use on the referenced projects. 3.3 - Contract Documents and Supplemental Provisions Manual Assist the City in preparing a Contract Documents and Supplemental Provisions Manual (manual) which includes all instructions to bidders, bidding forms, general conditions, supplementary special conditions, and the final project specifications for the project. The manual provides detailed technical information pertaining to the administration of the contract for construction, materials and equipment to be furnished, acceptable manufacturers, and the requirements for executing the work. • RNT will incorporate the City's standard contract language and supplemental provisions (both provided by the City) into the manual. • RNT will incorporate design features to achieve Savings by Design program. 3.4 - Final Design Calculations Submit the final design calculations with the final plans and specifications for review and approval by the City's Building Department. Structural calculations, hydrology/drainage calculations, mechanical/electrical (Title 24 Energy Compliance) and ADA compliance shall be completed during this phase. 3.5 - Storm Water Management Plan (SWMP) The team's civil engineer will prepare a Storm Water Management Plan based on the proposed project improvements and submit it to the applicable agencies. 3.6 - SWPPP/NOI/Erosion Control Plan The team's civil engineer will prepare a Storm Water Pollution Prevention plan (SWPPP) forthe on-site improvements and prepare the Notice of Intent (NOI) following the requirements ofthe State Water Resources Control Board's General Construction Activity Storm Water Permit. The SWPPP will be developed for the site construction and is intended to provide a framework of criteria to guide the implementation of storm water control during construction. The document is intended to be flexible to add additional detail as construction progresses and conditions change in the field. Additionally, consultant shall prepare an Erosion Control Plan for the project. The plan will show how to mitigate erosion during construction using the State of California standard requirements. Consultant shall prepare and process the Erosion Control Plan as part ofthe Precise Grading, Paving and Drainage Plan submittal. Pine Avenue Park Community Center and Garden Scope of Work Page 11 June 11, 2015 3.7 - Updated Opinion of Probable Cost Update opinion of probable cost at the 80% and 100% completion levels that will address the refinement or modifications made during the development of construction documents. The cost opinion will be prepared utilizing specific area and quantity take-offs applied to labor and material cost, and will include industry standards allowances for general conditions, contractor's profit and overhead, city costs and contingencies. 3.8 - City Submittal: The 80% and 100% Construction Document packages will be submitted to the City for review. The design team anticipates meeting with City staff after the plans have been reviewed to discuss comments and final revisions. 3.9 - Permit Submittal and Plan Check Review for Building Permit Submit the final plans, specifications, and supporting calculations to the appropriate agencies having jurisdiction over the project. The final construction documents shall be revised and amended to incorporate all plan check requirements and address all comments and necessary revisions. It is anticipated that the City of Carlsbad Building Division (Esgil), Engineering Division, Planning Division, Parks & Recreation Department, and the County of San Diego Department of Environmental Health will be providing plan check reviews. Upon completion, construction documents will be made ready for competitive bidding. 3.10 - Meetings • Not to exceed four (4) meetings with the City as described above in Carlsbad. • Not to exceed one (1) meeting for the Public Art coordination. 3.11 - Deliverables (8-1/2" x 11" unless otherwise noted) • Submittal for Building Permit - Construction Drawings (24" x 36") and Technical Specifications, Design Calculations as needed. Submittal for Public Improvement Plans Approval work if needed SWMPP in pdf format SWMP in pdf format Submittal for Bidding - Construction Drawings (24" x 36") and Project Manual (pdf. Auto CAD files, one hard copy and one half-size copy) Digital file of Revit Model (Community Center only) LOD of 400. Updated Detailed Project Schedule Updated Estimate of Probable Costs (Excel-based cost estimate) Submittal to SDG&E Savings by Design Program Meeting minutes 3.12 - CITY Responsibilities • Feedback on the design, presentations, and cost reports • Provide the required documents and the City's language for Bidding Pine Avenue Park Community Center and Garden Scope of Work Page 12 June 11, 2015 2ft • Continue working with the Design Team to help making decisions on building system details, materials and finish to maintain the project within the budget TASKS 4 - BIDDING PHASE After completion of the Construction Documents Phase, RNT will provide support to the City in obtaining competitive bids for the project. 4.1 - Bid Support Provide administrative support services to assist the City in obtaining competitive bids for the proposed project. • Prepare Addenda to resolve Questions, clarifications, or conflicts arising out of the bidding process. • Assist the City in writing any Addenda to the contract for construction if needed. • Prepare Addenda to document any clarification or modifications made to the contract documents and for distribution by the City's Contract Administrator. 4.2 - Meetings • Not to exceed two (2) meetings with the City as described above in Carlsbad 4.3 - Deliverables (8-1/2" x 11" unless otherwise noted) • Respond to bid RFIs • Prepare Bid Addenda 4.4 - CITY Responsibilities • Advertisement of bid and printing of bid sets • Distribution of bid RFIs, questions or clarification requests from bidders, to RNT • Distribute Addenda to bidders • Collection and review of Bids TASK 5 - CONSTRUCTION ADMINISTRATION PHASE After completion of the Bid Phase and selection of Contractor to perform the work, RNT will provide Construction Administration and Management support for the project to ensure that the vision and design intent for the park is fulfilled. The design team will attend job site meetings in order to generally review and evaluate the construction schedule, monitor performance, review quality control standards, and provide assistance for any clarification or revision to the contract for construction. 5.1 - Preconstruction Meeting: The design team will assist the City in conducting a Preconstruction meeting to review general and special requirements of construction. Pine Avenue Park Community Center and Garden Scope of Work Page 13 June 11, 2015 2^ 5.2 - Requests for Information (RFI): The design team will review and respond to the contractor's requests for information, proposal requests and other related construction administration communications throughout the duration of construction. 5.3 Submittals: The design team will review, mark-up and approve shop drawings and related submittals for appropriate action and provide responses to contractor submittals throughout the duration of construction. 5.4 - Landscape Architecture: The design team will conduct site visits to assess forms, flatwork, planting, and irrigation improvements. 5.5 - Architecture: The design team will conduct site visits to assess the installation progress of the building systems. 5.6 - Civil Engineering: The design team will conduct site visits to assess staking, site grading, drainage infrastructure installation, and wet and dry utility installation. 5.7 -Electrical Engineering: The design team will conduct site visits to assess conduit, electrical panels, light fixtures, and miscellaneous electrical improvements. 5.8 - Pre-Final Walkthrough: The design team will assist in the preparation of the final "punch list" for corrections and remaining work. A pre-final walkthrough will be conducted to verify all of the issues outlined on the "punch list" have been resolved. The maintenance period for the project will commence upon approval ofthe revisions outlined in the "punch list." 5.9 - Final Walkthrough: A final walkthrough will be conducted after the contractor verifies the corrections ofthe punch list items. The result ofthe final walkthrough will be final approval ofthe landscape and irrigation work. 5.10 — Warranty Walkthrough: The design team will conduct a walkthrough with the contractor prior to the expiration ofthe 12-month warranty period. A punch list will itemize necessary repairs and / or replacements to be performed by the contractor. 5.11 - As-Built Plans: The design team will prepare final record as-built's based on the contractor's redline mark-ups ofthe bid plans. The Record Set shall be produced in Revit at a level LOD 500, based upon contractor's As-built drawings for the Community Center and CAD for the site plan and Gardens. Final as-built's will be submitted to the City Project Manager for filing. 5.12 - Meetings • Attend meetings every other week, not to exceed (26) site visits for 12 month construction duration. Pine Avenue Park Community Center and Garden Scope of Work Page 14 June 11, 2015 30 5.13 - Deliverables (8-1/2" x 11" unless otherwise noted) • Response to RFIs, Preparation of Architect's Supplemental Instructions, Review of Submittals and Shop Drawings • "Punch list" Documents • (1) digital copy of a Record Set BIM Model for the Community Center, CAD for the Site Plan and Gardens • Final Mylar plans (for Irrigation Plans only), bond paper prints for all others plans, digital scans (tiff and/or pdf files) 5.14 - CITY Responsibilities • Coordination with RNT on Construction Administration, including assistance in contractor requests and questions. ASSUMPTIONS AND EXCLUSIONS 1. Exterior Way finding Graphics/ Signage - Excluded. 2. Design of Entry Monuments - Included. 3. The project will be designed to meet the LEED Silver level, but not certified. If LEED certification is desired, the Certification process is provided as an additional service. 4. The Community Center and Gardens are on the same schedule for design and construction. 5. Community Outreach meetings for the Community Center and Garden Areas - Excluded. 6. Planning Commission and City Council approvals - Excluded. 7. Large Custom Water Feature design and engineering - Excluded 8. Small Water Feature design and engineering - Included. 9. Assuming no multiple phased construction or separate submittal packages. 10. Nursery visits - Up to two (2) nursery visits are included. 11. Traffic Studies and Engineering - Excluded, except for engineering work associated with on-site and off-site (Madison Street and Chestnut Avenue) parking studies. 12. New upgrade work on the Existing Senior Center building prompted by code as a result of the new Community Center - Excluded. 13. Public Right of Way work beyond the scope associated with off-street parking on Madison Street and Chestnut Avenue and sidewalks - Excluded. 14. Meetings in excess of those enumerated will be considered additional services. 15. Environmental documentation including, but not limited to, EIR / MND, biological reports, and archeological reports - Excluded. 16. The construction documents will not be separated into multiple bid packages. 17. The Client shall pay all fees required by the approving agencies including, but not limited to, school districts, water districts, sewer districts, and other agencies which have jurisdiction over the project. 18. The following expenses are Reimbursable: Lodging and Transportation expenses for travel outside of San Diego County, Reproduction and delivery of deliverables. Pine Avenue Park Community Center and Garden Scope of Work Page 15 June 11, 2015 PROJECT MILESTONE DATES Pine Avenue Community Parl< The design firm shall provide work and services in accordance with the following project milestone dates. DESIGN PHASE - PINE AVENUE COMMUNITY PARK MILESTONE DATE City issues Notice To Proceed (NTP) to design firm: July 15, 2015 Kick-off meeting: July 16, 2015 Design firm completes Master Plan refinement: Oct. 16, 2015 Design firm completes Design Development documents (30% completion): Dec. 30, 2015 Design firm completes Construction Documents (80% completion) and submits an updated opinion of probable cost: March 18, 2016 Design firm finalizes construction documents (100% completion) and submits for plan check: April 22, 2016 City reviews grading, building and landscape plans and design firm completes all necessary revisions to plans and specifications: June 14, 2016 City approves plans. Building & grading permits ready to issue: June 15, 2016 City Council approves plans & specifications, and authorizes solicitation of bids: June 28, 2016 BIDDING PHASE Pre-bid meeting: July 19, 2016 Bidding phase complete: Oct. 4, 2016 City Council authorizes award of construction contract: Oct. 25, 2016 CONSTRUCTION ADMINISTRATION & MANAGEMENT PHASE City issues Notice To Proceed (NTP) to construction contractor: Nov. 15, 2016 Pre-construction meeting: Nov. 22, 2016 Construction begins: Nov. 28, 2016 Construction completed: Nov. 28, 2017 NOTE: Milestone dates may be adjusted only by mutual consent if needed to facilitate city meetings, reviews, and coordination with various city departments or other factors. 3^ 19. Off-site Public Improvements for work associated with street parking along Chestnut Avenue and Madison Street is Optional. Pine Avenue Park Community Center and Garden Scope of Work June 11, 2015 Page 16 ^3 PINE AVENUE PARK COIVIMUNITY CENTER AND GARDEN - FEE PROPOSAL Roesling Nakamura Terada Architects, Inc. *Refer to Scope of Work document for full description of Tasks Fees Task 1 - Master Plan Refinement Phase (Schematic Design Phase) 1.1 Project Research and Information Gathering 1.2 Validation of Scope of Work 1.3 Supplemental Survey and Topographic Base Drawing 1.4 Geotechnical Report 1.5 Refine Master Plan Design into Schematic Design Drawings 1.6 Validation of Schedule 1.7 Meetings 1.8 Opinion of Probable Costs 1.9 Design Refinements 1.10 Final Design Presentation to City Staff 1.11 Meetings 1.12 Deliverables SCHEMATIC DESIGN SUBTOTAL $ 146,384 Task 2 - Design Development Phase 2.1 Design Development Drawings and Phasing Plan 2.2 Outline Specifications 2.3 Basis of Design Report 2.4 Building Code Analysis 2.5 Design Development Opinion of Probable Cost 2.6 Project Schedule 2.7 SDG&E Savings by Design 2.8 Develop Renderings and Color Boards 2.9 City and Stakeholder Approvals 2.10 Public Art Coordination 2.11 Meetings 2.12 Deliverables DESIGN DEVELOPMENT SUBTOTAL $ 144,147 Task 3 - Construction Document Phase 3.1 Construction Drawings 3.2 Revit Model/BIM 3.3 Contract Documents and Supplemental Provisions Manual 3.4 Final Design Calculations 3.5 Storm Water Management Plan (SWMP) 3.6 SWPPP/NOI/Erosion Control Plan Pine Avenue Park Community Center and Garden Fee Summary June 11, 2015 Page 1 3^ 3.7 Update Opinion of Probable Costs 3.8 City Submittal at 80% CD and 100%CD 3.9 Permit Submittal and Plan Check Review for Building Permit 3.10 Meetings 3.11 Deliverables CONSTRUCTION DOCUMENT SUBTOTAL S 436,448 Task 4 - Bidding Phase 4.1 Bid Support 4.2 Meetings 4.3 Deliverables BID PHASE SUBTOTAL S 19,566.00 Task 5 - Construction Administration Phase 5.1 Preconstruction Meeting 5.2 RFIs 5.3 Submittals 5.4 Landscape Architecture 5.5 Architecture 5.6 Civil Engineering 5.7 Electrical Engineering 5.8 Pre-Final Walkthrough 5.9 Final Walkthrough 5.10 Warranty Walkthrough 5.11 As-Built Plans 5.12 Meetings 5.13 Deliverables CONSTRUCTION ADMINISTRATION SUBTOTAL $ 223,027 SUBTOTAL BY DISCIPLINE - ALL PHASES OFFSITE PUBUC IMPROVEMENTS (OPTIONAL) $ 969,572 $ 22,925 REIMBURSABLES - NOT TO EXCEED AMOUNT (See Scope of Work for details) $ 7,000 GRAND TOTAL FEE $ 999,497 Pine Avenue Parl^ Community Center and Garden Fee Summary June 11, 2015 Page 2 3^ Professional Fees FEE ASSUMPTIONS Design Engineer $115 The assumed construction budget cost is $7,565,501 Project Drafter $145 RNT would further discuss the scope, budget and Drafter/ CAD Operator $110 fee schedule with the City of Carlsbad if awarded the project T-Squared Mechanical and Plumbing Engineer FEE EXCLUSIONS Principal Engineer $185 Franchise Utility Coordination Project Manager $160 Underground Utility Locator Designer $150 Environmental Studies, CEQA Processing, and Drafting $90 Environmental Impact Report Administrative $90 Entitlements/discretionary/land use permits ROW Design and Approval Michael Wall Hazardous Material Removal Electrical Engineer Destructive Testing and Repair Principal $200 Destructive Testing and Repair Senior Project Engineer $150 FIRM HOURLY RATES Senior Lighting Designer $150 Roesling Nakamura Terada Architects, Inc. (RNT) Electrical Engineer $125 Architect Electrical Designer $100 Principal $225 CAD $85 Principal Architect/Coordinator $225 Associate/Project Manager $191 Hunter Pacific Group Project Architect $163 Cost Estimating Designer $141 Principal $170 Drafts person $123 Senior Cost Estimator $155 Clerical $78 Senior Electrical / Mechanical Cost Estimator Senior Scheduler $155 $170 Spurlock Poirier Landscape Architects Landscape Architect Aon Fire Protection Principal $200 Fire Protection Engineer Project Manager $150 Office Leader/ Practice Leader $215 Project Landscape Architect $125 Project Director/ Project Manager Senior Consultant/ Designer $204 $183 BergerABAM Associate Consultant/ Designer $173 Civil Engineer Consultant/ Designer $149 Associate/Project Manager $150 CAD Operator $93 Project Engineer $126 Civil Designer $108 Sweeney & Associates CADD Specialist $94 Irrigation Engineer Principal $140 KPFF Project Manager $120 Structural Engineer Irrigation Designers $90 Principal-in-Charge $195 CAD Drafters $75 Project Manager $160 Administrative Support $75 Project Engineer $130 Field Services $130 ROESLING NAKAMURA leRADA ARCHITECTS Professional Fees Southern California Soii &Testing, Inc. Geotechnical Engineer Pnncipal Engineer $174 Senior Engineer $146 Project Engineer $121 Quality Control Specialist $106 Drafter $87 Lab Technician $77 AS NEEDED CONSULTANTS Fehr& Peers Trafpc Engineer Project Manager Project Engineer Graphics Admin $215 $130 $115 $115 Walsh Norris Acoustics Principal Consultant Technical Support $160 $93 $63 Graphic Solutions Signage Principal Senior Designer Project Manager Production Artist/ Coordinator Production Assistant Clerical $135 $95 $85 $60 S45 $45 Plant Soup, Inc. Graphic Interpretive Senior Director $110 ROESLING NAKAMURA TERADA ARCHITECTS ^1 Donna Heratj^ From: Donna Heraty Sent: Thursday, July 16, 2015 2:03 PM To: 'terada@rntarchitects.com' Cc: Shelley Collins; Kyle Lancaster Subject: REQUIRED CONFUCT OF INTEREST Attachments: Resolution No. 201S-050.pdf To Whom It May Concern: You are receiving this email because your company has a consultant agreement with the City of Carlsbad. The City of Carlsbad's Conflict of Interest Code requires all consultants to file a statement disclosing certain economic interests, that may foreseeably be affected materially by any decisions made, or participated in, by a designated official because of their position. To comply with this requirement a Statement of Economic Interest Form 700 "Assuming Office" is required to be filed with the City of Carlsbad City Clerk's Office. To file your Assuming Office statement, please follow the instructions below: • As reflected in the City Conflict of Interest Code - Resolution No. 2015-050 (attached), the employee(s) of your company that work directly with citv staff are required to complete the Statement of Economic Interest Form (Form 700). Consultants are required to claim - Category (A) Investment and Real Property Disclosure Category (B) Personal Income Disclosure Category (C) Business Entity Income Disclosure Category (D) Business Position Disclosure • Your "Assuming Office" date for this filing is July 16,2015. • Even if there are no reportable interests, the cover page is still required to be completed with box "None" in Section 4 checked. • THE COMPLETED FORM 700 IS DUE IN THE CITY CLERK'S OFFICE BY 5:00 PM. AUGUST 16. 2015. Mailing Address: Citv Clerk's Office. 1200 Carlsbad Village Drive. Carlsbad. CA 92008. • Form 700 • Form 700 Reference Pamphlet Other documents vou mav use as reference: • FAQ: Form 700 Disclosure • Local Gift Fact Sheet In addition, when your contract with the City of Carlsbad is completed, the employee(s) that filed the Assuming Office statement is/are required to file a "Leaving Office" statement, utilizing the same Form 700 and entering the date the contract ended in the "Leaving Office" date line, and submitting to the City Clerk's Office no later than 30 days following completion ofthe agreement. ••Failure to file the Assuming and/or Uaving Office statement(s) could result in penalties assessed at $10.00 per day, not to exceed $100.00, in addition to any other penalties per California Government Section Code 91013. If you have any questions or need additional information, please feel free to contact me or the Fair Political Practices Commission (FPPC) at 1-866-ASK-FPPC (1-866-275-3772). Sincerely, Donna Heraty. CARLSBAD Donna Heraty, CMC Deputy City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 www.carlsbadca.gov P: 760-434-2808 F: 760-720-6917 donna.heratv@carlsbadca.gov Please consider the environment before printing this e-mail EXHIBIT 4 AGREEMENT FOR PROFESSIONAL SERVICES FOR THE AVIARA AND POINSETTIA COMMUNITY PARKS MASTER PLAN IMPLEMENTATION (CIP Project Nos. 4604 and 4605) Schmidt Design Group, Inc. REEMENT is made, and entered into as of the day of 20 IS. by and between the CITY OF CARLSBAD, a municipal on, ("pi\y"), and SCHMIDT DESIGN GROUP, INC., a California Corporation, ;tor"). RECITALS A. City requires the professional services of a landscape architecture firm that is experienced in public park development. B. Contractor has the necessary experience in providing professional services for the preparation and coordination of construction documents for public parks. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein. City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A" - AVIARA PARK and Exhibit "B" - POINSETTIA PARK, 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. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services defined in EXHIBIT "A" - AVIARA COMMUNITY PARK to be performed during the initial Agreement term shall not exceed two hundred twelve thousand three hundred sixty dollars ($212,360). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". The total fee payable forthe Services defined in EXHIBIT "B" - POINSETTIA COMMUNITY PARK to be performed during the initial Agreement term shall not exceed two hundred twelve thousand seven hundred forty-nine dollars ($212,749). No other compensation for the Services will be REV. 07/02/2015 3S allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "B". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A" and Exhibit "B". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election. City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the 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. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 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. City Attorney Approved Version 4/1/15 31 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits ofthe insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liabilitv Insurance. $2,000,000 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. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional 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. 10.2 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 Commercial General Liability which shall provide primary coverage to the City. 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 ofthe 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. City Attorney Approved Version 4/1/15 1. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, 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 underthis 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 ofthe persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv Name Kyle Lancaster Title Parks Superintendent For Contractor Name Title Glen Schmidt President City of Carlsbad Parks & Department Recreation Department Address 799 Pine Avenue. Suite 200 Address 1111 Sixth Avenue, Suite 500 Carlsbad, CA 92008 San Diego, CA 92101 Phone No. 619-236-1462 Phone No. 760-434-2974 Email gschmidt(5).schmidtdesign.com City Attorney Approved Version 4/1/15 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 If requested by City, Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware ofthe requirements ofthe Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be fonwarded 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 ofthe 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 ofthe 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 City Attorney Approved Version 4/1/15 41 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. 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. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 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 nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 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. City Attorney Approved Version 4/1/15 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR SCHMIDT DESIGN GROUP, INC. (print name/^tle) (print nam//title) / CITY OF CARLSBAD, a municipal corporation of the State of California 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-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: CELIA A. BREWERjCity Attorney BY: City Attorney Approved Version 4/1/15 4^ A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County On of S?/t /)/< ) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT before me, ' (here insert name personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arcsubscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/ber/their.* authorized capacityfies}, and that by his/hcr/thoii* signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signatun Chritttplwr Philip Arotntinol 1 COMM. #2088709 z Notafy PuWic-Califoniia ' San Dieoo Couniy MirCoinm.EBihiNow.3.; . 2019 f (Seal) OPTIONALINFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: I I Individual(s) HD Attorney-in-Fact rj Corporate Officer(s) Title(s) I I Guardian/Conservator n Partner - Limited/General EH Trustee(s) • Other: representing: Name(s) of Person(s) or Entity(ies) Signer is Representing Additional Information Method of Signer Identification Proved to me on the basis of satisfactory evidence: LO form{s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page* Entry # Notary contact; Other i j Additionai Signer(s) Q Signer(s) Thumbprint(s) • ) Copyright 2007-2014 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311 -0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. A notary public or other officer completing this certificate verifies only the Identity ofthe Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On 3^1/^.^^/^ before me, (^riSlipper I ^ If (here insert nami personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS mjMn^nd an^ official seal. Signatur Chriitophtf Philip Argentinol COMM. #2088709 z Notary ^btic • California g San OioQO County -* MyCwnm.Eiili»wNo».3.2018f (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: I I Individual(s) I I Attorney-in-Fact EH Corporate Officer(s) Title(s) I I Guardian/Conservator I I Partner - Limited/General I I Trustee(s) • Other: representing: Name(s) of Person(s) or Entity(ies) Signer is Representing Additional Information IVIethod of Signer Identification Proved to me on the basis of satisfactory evidence: form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page* Entry* Notary contact: Other i [ Additional Signer(s) EH Signer(s) Thunnbprint(s) • ) Copyright 2007-2014 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311-0507, All Rights Reserved. Item Number 101 772. Please contact your Authorized Reseller to purchase copies of this form. EXHIBIT "A" - AVIARA COMMUNITY PARK SCHMIDT DESIGN GROUP, INC. BALANCING ARTISTIC EXPRESSION IN DESICN WITH ENVIRONMENTAL SENSITIVITY #4« nil Sixth Avenue, Suite 500, San Diego, CA 92103 Lie. CA2138, NV 219, AZ 34139 telephone {619} 236-1462 facsimile {619} 236-8792 vww.schmidtdesign.com AVIARA COMMUNITY PARK Scope of Work - Final - 2015 6 04 TASK 1 - MASTER PLAN REFINEMENT (Schematic Design) 1.01 KICK-OFF MEETING: The design team will hold a kick-off meeting with City staff and key members from various City departments to further define the goals and objectives for the project. The proposed project schedule will be evaluated and refined based on City Staff feedback. The permitting process will be established in concert with the project schedule. Protocol for team communication will be outlined to ensure efficient channels of communication throughout the duration ofthe project. 1.02 PROJECT MANAGEMENT AND COORDINATION: After any meeting with the City, we will prepare meeting minutes and submit them to the City within five (5) business days. We will conduct project management activities to keep the project on-time and on- budget and notify the City of any issues that may impact the schedule or budget. Additional meetings can be approved subject to written authorization from the City. 1.03 SITE VISIT: We will conduct an initial site visit with the City to identify project opportunities and issues / concerns. 1.04 RESEARCH AND UNDERSTANDING: We will conduct an ongoing review of all available reference materials and documents that apply to the project. This includes previous planning studies, building codes. Title 24 requirements. City Landscape Manual, and as- built documents related to the site. 1.05 SUPPLEMENTAL SURVEY AND TOPOGRAPHIC BASE DRAWING: The City will provide PDFs ofthe relevant "As Builts" which we will convert into Auto CAD format. The team will supplement with additional topographic information using our surveyors to collect design level details on existing topography, property boundary, existing utilities, and any other necessary supplemental field survey data to prepare a comprehensive base plan. Deliverable: CAD base file. 1.06 GEOTECHNICAL REPORT: The engineer will explore the site by drilling two borings to depths up to 15-feet and two to a depth of five-feet, or to refusal whichever comes first. A report will be prepared and address the existing soil composition, percolation test results, laboratory test results and recommendations for earthwork, compaction, flatwork, and walls / footings. Deliverable: Geotechnical Report. 1.07 PREFERRED SCHEMATIC PARK PLAN: A preferred design will be developed for the park based on the initial master plan that was previously developed. The plan will reflect the preferred arrangement of park program elements, amphitheater, community room Aviara Comnnunity Park Scope of Work - Final Page 2 building (warming kitchen), shade structures, and perimeter path. The City will provide input on programming needs for the various park elements. Deliverable: Color Rendered Schematic Park Plan. 1.08 ARCHITECTURAL PLANS: The design team's architectural consultant will prepare schematic level plans for the community room building and shade structures based on the City's general building requirements and previous community input. The architect will study the building program and provide alternative recommendations for the building floor plan. Deliverable: Dimensioned floor plans, exterior elevations, and preliminary materials. All architectural graphics wiil be color rendered for presentation purposes. 1.09 PRELIMINARY GRADING: The design team's civil engineer will prepare a preliminary grading study which corresponds with the proposed improvements. This will also address conceptual site drainage, water quality treatment, and preliminary earth work calculations. Deliverable: Preliminary grading plan with contours and preliminary earthworl< quantities. 1.10 PRELIMINARY LIGHTING: The design team's electrical engineer will work with the team to select appropriate light fixtures. Conceptual lighting layouts will also be incorporated into the preferred schematic park plan. Deliverable: Preliminary electrical and lighting plan. 1.11 PRELIMINARY PARK MATERIALS: Preliminary materials will be selected including, but not limited to, park paving, walkways, gazebos, shade structures, and site furnishings (benches, picnic tables, fire pits, trash receptacles, bike racks, drinking fountains, etc.). Product literature describing park furnishings and fixtures will also be provided. Deliverable: Site IVlaterials Booldet in 8.5x11 format. 1.12 PROJECT SCHEDULE VALIDATION: A comprehensive projects schedule will be prepared in Microsoft Project and utilized throughout the duration ofthe project. We will continually evaluate the progress ofthe project as it relates to the overall project schedule. We will provide the City's project manager with status updates at regular intervals. Deliverable: Project Schedule, in IVIS Project format 1.13 CITY / CONSULTANT PROGRESS MEETINGS: We anticipate a total of four (4) meetings with City staff throughout the master plan refinement phase. 1.14 PROBABLE COSTS OF CONSTRUCTION: A probable cost estimate will be developed that addresses the proposed schematic design improvements and submitted to the City for review. Deliverable: Cost estimation in PDF format #4 # Aviara Community Park Scope of Work - Final Page 3 1.15 DESIGN REFINEMENTS: The design team will make refinements to the schematic design package based on feedback received by City staff. A total of two (2) rounds of review and revision is anticipated, schedule permitting. 1.16 FINAL PRESENTATION: The design team will present the final schematic design to City staff to obtain final approval. TASK 2 - DESIGN DEVELOPMENT (30%) 2.01 DESIGN DEVELOPMENT PLANS: The 30% Design Development Plan Package will consist ofthe following deliverables: 2.01.1 LANDSCAPE CONSTRUCTION PLANS: Per approved conceptual refinements, we will prepare Design Development (DD) level drawings for hardscape improvements, seat walls, fencing, site furnishings, visual screening, and landscape planting areas. 2.01.2 LANDSCAPE CONSTRUCTION MATERIALS: Materials will be identified including, but not limited to, decorative paving, synthetic turf, play equipment, mow strips, seat walls, fencing, shade structures, and site furnishings (benches, picnic tables, trash receptacles, bike racks, drinking fountains, etc.). Product literature describing site furnishings and fixtures will be updated from Schematic Design submittal. 2.01.3 ARCHITECTURAL PLANS: The design team's architectural consultant will prepare design development level plans will be prepared forthe community room building, and shade structures. This will include dimensioned floor plans, elevations, material schedules, and details. 2.01.4 GRADING AND DRAINAGE PLANS: The team's civil engineering consultant will develop preliminary site grading, wet utility, and drainage plans ofthe park. Major utilities will be routed and coordinated with other disciplines. 2.01.5 ELECTRICAL AND SITE LIGHTING PLANS: The electrical and site lighting plan will be developed and will illustrate the locations of all site lighting and electrical service for A.V. equipment associated with the amphitheater and community room building. We will coordinate an inspection with SDG&E to determine if the existing transformer (which may have been damaged in the recent fires) will need to be replaced and / or relocated. Initial electrical will be routed and coordinated with other disciplines. Photometric plans will be provided to illustrate proposed foot-candle distribution across the site. Aviara Community Park Scope of Work - Final Page 4 2.01.6 LANDSCAPE PLANTING PLANS: Per the approved conceptual refinements, we will prepare Design Development (DD) level drawings for the placement of trees, shrubs, grasses, and groundcovers and identify proposed plant species in a legend. 2.01.7 IRRIGATION PLANS: DD level irrigation plans will be developed and will consist of a listing of irrigation system components including irrigation heads, valves, and smart controllers (manufacturer and equipment model numbers). The irrigation system will be designed to meet AB 1881 requirements. 2.01.8 PUBLIC ART COORDINATION: We will attend two (2) meetings with the City and Public Artist to coordinate the design criteria and placement of the installation(s). Deliverable: 24"x36" blacic and white plan submittal pacl<age. 2.02 OUTLINE SPECIFICATIONS: We will provide the list of technical CSI specifications sections to be included in the project specifications. It is assumed that the Client will provide the contractual front-end specifications language for the project. Deliverable: Outline specifications. 2.03 BASIS OF DESIGN TECHNICAL MANUAL: The design team will prepare a manual that includes all of the proposed materials, fixtures, finishes for the exterior site improvements, finishes forthe interior and exterior ofthe community room building, and FF&E. Deliverable: Basis of design manual in 8.5"xll" format. 2.04 ESTIMATE OF PROBABLE CONSTRUCTION COSTS: Estimate will be updated to reflect any changes in cost resulting from design, materials, or quantity changes. Deliverable: Excel-based cost estimate. 2.05 PROJECT SCHEDULE: We will update the overall project schedule and project the time required for upcoming phases of work. Deliverable: Updated schedule. 2.06 SDG&E SAVINGS BY DESIGN: The team will coordinate with SDG&E to make a determination of project eligibility. If eligible, the team will provide documentation as needed. Deliverable: Documentation, if eligible. 2.07 DEVELOPMENT OF RENDERINGS AND BOARDS: We will prepare a series of illustrative image boards that depict the proposed project improvements in plan view. We will prepare illustrative 3D imagery to depict the anticipated character ofthe park spaces being created. Deliverable: An image board with a total of four (4) 3D images. Aviara Community Park Scope of Work - Final Page 5 2.08 STAKEHOLDER APPROVALS: The design team will present the final design development package to various stakeholders as determined by the City. 2.09 CLIENT / CONSULTANT PROGRESS MEETINGS: A total of two (2) meetings are included during the design development phase. We anticipate these coordination meetings will allow the design team to meet with City staff to receive clarifications and direction. This approach will allow for a streamlined and efficient feedback loop. TASK 3 - CONSTRUCTION DOCUMENTS (80% and 100%) 3.01 CONSTRUCTION DOCUMENTS: The 80% and 100% Construction Documents submittal packages will include plans, specifications, and estimates in City-approved format. The following plans will be included: 3.01.1 TITLE SHEET: A title sheet will be prepared for the construction document package. 3.01.2 DEMOLITION PLAN: Plans will be developed to demote existing improvements that are intended to be removed priorto construction. Special site features to remain will also be noted. 3.01.3 GRADING AND DRAINAGE PLANS: The team's civil engineering consultant will provide grading and drainage plans for the park. 3.01.4 EARTHWORK CALCULATIONS: Calculations for earthwork / cut / fill will be prepared based on the park grading design. 3.01.5 STORM DRAIN PLANS: All proposed drainage infrastructure will be included on the grading and drainage plans identified above. 3.01.6 WET UTILITY PLANS: The team's civil engineering consultant will provide water and sewer utility design plans for the park. 3.01.7 HORIZONTAL CONTROL PLANS: Plans will provide dimensioning to all new improvements and provide sufficient detail forthe selected contractor to perform construction layout and staking. 3.01.8 LANDSCAPE HARDSCAPE PLANS: Plans and details will illustrate the layout and placement of elements including sidewalks, gathering spaces, seat walls, shade structures, and site furnishings. A materials schedule will denote the manufacturer, model number, color, and finish of all proposed park improvements. Aviara Community Park Scope of Work - Final Page 6 3.01.9 CONSTRUCTION DETAILS: Construction details will be provided for all proposed improvements. Details will be custom and project specific or reference regionally accepted standards. 3.01.10 ARCHITECTURAL PLANS: The teams' architect will prepare construction documents for the community room building and shade structures. Plans will include all information required to successfully construct the building. This includes building plans, structural, MEP, low voltage technology, AV, kitchen equipment, and acoustics. 3.01.11 LIGHTING AND ELECTRICAL PLANS AND DETAILS: The team's electrical engineering consultant will provide lighting and electrical plans and details identifying the location of site lighting for walkway / path lighting, security lighting, and service to the community room building, and service for AV requirements. 3.01.12 LANDSCAPE PLANTING PLANS AND DETAILS: Plans will indicate the locations, sizes, and species of all park landscape materials. Details will be provided or will reference appropriate City standards. 3.01.13 IRRIGATION PLANS AND DETAILS: Equipment and details will consist of a listing of irrigation system components including irrigation heads, valves, and smart controllers (manufacturer and equipment model numbers). The irrigation system will be designed to meet AB 1881 requirements. 3.01.14 ART COMPONENT: We will meet with the City and Public Artist to coordinate the final placement and footing/fastening requirements for the installation{s). The City will provide information for the coordination of the artwork installation. Deliverable: 24"x36" black and white plan submittal package. 3.02 REVIT MODEL: The team's architect will provide a completed REVIT model for the community room building. The BIM model LOD 400 will be provided illustrating the various building systems, placements, sizing, etc. 3.03 TECHNICAL SPECIFICATIONS AND SUPPLEMENTAL PROVISIONS MANUAL: Project technical specifications will be prepared using CSI format to address the proposed project improvements. It is anticipated that the City will provide the front-end specifications for the contract bid documents. Deliverable: Specifications in MS VJord format. ^0 Aviara Community Park Scope of Work - Final Page 7 3.04 FINAL DESIGN CALCULATIONS: The project team's civil engineer will provide project final design calculations forthe proposed improvements. Deliverable: Final design calculations in PDF format. 3.05 STORM WATER MANAGEMENT PLAN (SWMP): The team's civil engineer will prepare a Storm Water Management Plan based on the proposed project improvements and submit it to the applicable agencies. Deliverable: SWiVIP in PDF format. 3.06 SWPPP / NOI / EROSION CONTROL: The team's civil engineer will prepare a Storm Water Pollution Prevention plan (SWPPP) forthe on-site improvements and prepare the Notice of Intent (NOI) following the requirements of the State Water Resources Control Board's General Construction Activity Storm Water Permit. The SWPPP will be developed forthe site construction and is intended to provide a framework of criteria to guide the implementation of storm water control during construction. The document is intended to be flexible to add additional detail as construction progresses and conditions change in the field. Additionally, consultant shall prepare an Erosion Control Plan forthe project. The plan will show how to mitigate erosion during construction using the State of California standard requirements. Consultant shall prepare and process the Erosion Control Plan as part ofthe Precise Grading, Paving, and Drainage Plan submittal. Deliverable: SWPPP in PDF format. 3.07 ESTIMATE OF PROBABLE CONSTRUCTION COSTS: The estimate will be updated to reflect any changes in cost resulting from design, materials, or quantity changes. Submittals at 80% and 100% intervals. Deliverable: Excel-based cost estimate. 3.08 CITY SUBMITTAL: The 80% and 100% construction document packages will be submitted to the City for review. The design team anticipates meeting with City staff after the plans have been reviewed to discuss comments and proposed solutions. 3.09 PERMIT PROCESSING: The final plans and specifications will be submitted to the various review agencies for review, approval, and permitting. It is anticipated that the City of Carlsbad Building Division (Esgil), Engineering Division, Planning Division, Parks & Recreation Department, and the County of San Diego Department of Environmental Health will be providing plan check reviews. 3.10 FINAL SUBMITTAL: Final signed mylar plans (irrigation only, bond paper prints for all others) and Auto CAD drawings will be submitted to the City upon final approval ofthe construction documents. Deliverable: Final mylar plans, bond paper prints, digital scans (TIFF and / or PDF files), and Auto CAD drawings. Aviara Community Park Scope of Work-Final Page 8 3.11 MEETINGS: Atotal of five (5) meetings are included during the construction document phase. TASK4-BIDDING PHASE 4.01 PRE- BID MEETING: The design team will be available to respond to questions during the pre-bid meeting. 4.02 BIDDER COORDINATION: Provide response to questions during the bid period. 4.03 REQUESTS FOR INFORMATION (RFI): The design team will review and provide responses to RFI's during the bidding period. TASK D - CONSTRUCTION ADMINISTRATION AND MANAGEMENT PHASE Construction Administration is a critical step in the design process as they allow the team to verify the vision and design intent of the park is being implemented. The design team will verify the contractor's conformance to the drawings and specifications throughout the construction process. The methods and materials to accomplish the work will be the responsibility ofthe contractor. 5.01 REQUESTS FOR INFORMATION (RFI): The design team will review and provide responses to RFI's throughout the duration of construction. 5.02 SUBMITTALS: The design team will review and provide responses to contractor submittals throughout the duration of construction. 5.03 LANDSCAPE ARCHITECTURE: The design team will conduct site visits to assess forms, flatwork, planting, and irrigation improvements. 5.04 ARCHITECTURE: The design team will conduct site visits to assess the installation progress ofthe building systems. 5.05 CIVIL ENGINEER: The design team will conduct site visits to assess staking, site grading, drainage infrastructure installation, and wet utility installation. 5.06 ELECTRICAL ENGINEER: The design team will conduct site visits to assess conduit, electrical panels, light fixtures, and miscellaneous electrical improvements. 5.07 PRE-FINAL WALKTHROUGH: A pre-final walkthrough will be conducted to verify all of the issues outlined on the "punch list" have been resolved. The maintenance period for the project will commence upon approval ofthe revisions outlined in the "punch list." Aviara Community Park Scope of Work - Final Page 9 5.08 FINAL WALKTHROUGH: A final walkthrough will be conducted after the contractor verifies the corrections ofthe punch list items. The result ofthe final walkthrough will be final approval ofthe landscape and irrigation work. 5.09 WARRANTY WALKTHROUGH: The design team will conduct a walkthrough with the contractor priorto the expiration ofthe 12-month warranty period. A punch list will itemize necessary repairs and / or replacements to be performed by the contractor. 5.10 AS-BUILT PLANS: The design team will prepare final record as-built's based on the contractor's redline mark-ups of the bid plans. Final as-built's will be submitted to the City Project Manager for filing. Deliverables: Final mylar plans, digital scans (TIFF and/ or PDF files), and Auto CAD drawings, final REVIT model. 5.11 SITE VISITS: A total of sixteen (16) site visits are anticipated throughout the construction duration. PROJECT ASSUMPTIONS 1. Meetings in excess of those enumerated will be considered additional services. 2. Off-site street improvements have been excluded. 3. Environmental documentation including, but not limited to, EIR / MND, biological reports, and archeological reports have been excluded. 4. The construction documents will not be separated into multiple bid packages. 5. The Client shall pay all fees required by the approving agencies including, but not limited to, school districts, water districts, sewer districts, and other agencies which have jurisdiction over the project. C3 PROJECT MILESTONE DATES Aviara Community Park The design firm shall provide work and services in accordance with the following project milestone dates. DESIGN PHASE - AVIARA COMMUNITY PARK MILESTONE DATE City issues Notice To Proceed (NTP) to design firm: July 15, 2015 Kick-off meeting: July 15, 2015 Design firm completes Master Plan refinement: Aug. 26, 2015 Design firm completes Design Development documents (30% completion): Oct. 1, 2015 Design firm completes Construction Documents (80% completion) and submits an updated opinion of probable cost: Nov. 18, 2015 Design firm finalizes construction documents (100% completion) and submits for plan check: Dec. 30, 2015 City reviews grading, building and landscape plans and design firm completes all necessary revisions to plans and specifications: Feb. 23, 2016 City approves plans. Building & grading permits ready to issue: Feb. 24, 2016 City Council approves plans & specifications, and authorizes solicitation of bids: March 22, 2016 BIDDING PHASE Pre-bid meeting: April 12, 2016 Bidding phase complete: June 14, 2016 City Council authorizes award of construction contract: July 12, 2016 CONSTRUCTION ADMINISTRATION & MANAGEMENT PHASE City issues Notice To Proceed (NTP) to construction contractor: Aug. 1, 2016 Pre-construction meeting: August 8, 2016 Construction begins: Aug. 15, 2016 Construction completed: June 1, 2017 NOTE: Milestone dates may be adjusted only by mutual consent if needed to facilitate city meetings, reviews, and coordination with various city departments or other factors. SCHMIDT DESIGN GROUP, INC. BALANCING ARTISTIC EXPRESSION IN DESICN WITH ENVIRONMENTAL SENSITIVITY l^jj^ llll Sixth Avenue, Suite 500, San Diego, CA 92101 Lie. CA2138, NV219, AZ 34139 telephone {619} 236-1462 facsimile {619} 236-8792 vww.schmidtdeslgn.com Aviara Community Park Schmidt Design Group, Inc. Fee Summary (including subconsultant fees) June 10, 2015 Fee Summary Task 1 - Master Plan Refinement $38,786.00 Task 2 - Design Development $52,358.00 Task 3 - Construction Documents $79,157.00 Task 4 - Bidding Phase $6,763.00 Task 5 - Construction Administration and Management $26,796.00 Reimbursable Expenses $8,500.00 TOTAL: $212,360.00 SCHMIDT DESIGN GROUP, INC. BALANCING ARTISTIC EXPRESSION IN DESIGN WITH ENVIRONMENTAL SENSITIVITY ^ lld^ nil Sixth Avenue, Suite 500, San Diego, CA 92101 Lie. CA2138, NV219,AZ34139 telephone {619} 236-1462 facsimile {619} 236-8792 vvww.schmidtdesign.com Hourly Time and Materials Fee Schedule January 2015 Fees will be charged for technical work, consultation, and additional services. Charges will be made for typing, as in the preparation of reports, aad for time and costs of printing. No direct charges will be made for normal secretarial service, office management, or general accounting; these items are included in overhead. Hourly Rates Principal Landscape Architect / President $225 / hour Principal Landscape Architect $165 / hour Associate Landscape Architect $130 / hour Senior Project Manager / Licensed Landscape Architect $no / hour Project Manager $85 / hour Landscape Designer $75 / hour Landscape Drafter $65 / hour Clerical / Typist $65 / hour Reimbursable Expenses Reimbursable expenses such as reproduction printing, delivery service, soils testing, permits, parking, project specific supplies, etc., will be marked up by 15%. In house plotting will be charged per square-foot at the following rates: bond $2.00 per square-foot; vellum $3.00 per square-foot, mylar $4.00 per square-foot, color $5.00 per square-foot. In-house color laser prints will be charged at $.50 for letter size, $.75 for legal size, and Si.00 for ledger size. Mileage Mileage in the interest of the client will be charged at the current U.S. General Services Administration Privately Owned Vehicle Mileage Reimbursement Rates. Travel Time spent in travel in the interest ofthe client will be charged at hourly rates. A minimum of one hour will be charged for any site visit. No more than eight (8) hours of travel time will be charged in any one day. Subsistence will be charged when it is necessary for personnel to be away from the office overnight. Rates may be adjusted annually. DAHLIN Aroup 2015 BASIC HOURLY FIATE SCHEDULE Doug Dahlin - Chairman ofthe Board Nancy Keenan - President Senior Principal Principal Managing Director Senior Associate/Director Associate Senior Architect, Senior Project Manager, Senior Planner, Senior Designer Architect, Project Manager, Designer Planning Project Manager, Digital Graphics Manager Senior Graphic Artist Designer/Drafter 111, Planner III, Graphic Artist Ml Designer/Drafter 11, Planner II, Graphic Artist II Designer/Drafter I, Planner I, Graphic Artist I Intern, Clerical, and Corporate Administrator $235 $210 $210 $190 $190 $180 $170 $160 $130 $130 $130 $115 $104 $ 94 $ 65 Computer Plotting (Grayscale) Computer Plotting (Color) (24" x 36" sheet - bond)) $7.26 / Sheet (30" X 42" sheet - bond) $10.59 / Sheet (8.5" X 11" sheet) Standard Paper $ .65 / Sheet (8.5" X 11" sheet) Heavy Matte Paper $ .85 / Sheet (11" X 17" sheet) Standard Paper $2.10/Sheet (11" X 17" sheet) Heavy Matte Paper $2.50/Sheet Oversize Computer Plotting (Color) $4.00 / sq. ft. Oversize Grayscale Plotting on Bond Paper (Finished Graphics, rendering) $2.75 / sq. ft. Oversize Grayscale Plotting on Vellum $2.93 / sq. ft. Line Print for Graphics (Black and white line print on special paper that accepts marker) $2.00 / sq. ft. Consultant fees, additional vendors, outside services, printing, graphic materials, telephone, and similar project related expenses: 1.15 x billing. Expert Witness rate at 3x Billable Rate. Travel time at Basic Hourly Rate. Travel mileage beyond Southern California at $0,575 per mile. Invoices are due upon presentation and become delinquent if not paid within 30 days of invoice date. Past due invoices are subject to a late charge of 1.5 percent per month. Rates effective through December 31, 2015 539 South Cedros Avenue Solana Beach, California 92075 USA + 1-858-350-0544 -i-1-858-350-0540 fax WWW.DAHLINGR0UP.COM ^^7 6 I N I I R I N 6 EXHIBIT B 2014-2015 RATE SCHEDULE CLASSIFICATION HOURLY RATE Principal / Sr. Project Manager $200 Project Manager $174 Sr. Designer / Sr. Engineer/ Sr. Water Resource Engineer $148 Designer / Engineer / Project Scientist / GIS Coordinator $132 CADD / Engineering / Environmental Tech. / Graphics Tech. $108 Information Coordinator $ 75 1 -Mon Survey Crew $175 2-Man Sun/ey Crew $245 3-Man Survey Crew $300 1. Reproduction and other reimbursable expenses (such as overnight deliveries, mileage, permits, and licenses, etc.) and client approved subcontractor services will be billed in addition to the above rates, with a 10% handling surcharge. 2. This rate schedule is subject to change due to the granting of wage increases and/or other employer benefits to field or office employees during the lifetime of this agreement. 3. Overtime is available for critical deadlines at 1-1/2 times the normal rates for office employees. Sun/eyors' rates ore also adjusted automatically for overtime or holiday/weekend work in agreement with the Operating Engineers Union. Client Initials Effective 11/01/2014 6390 Greenv/ich Drive, Suite 170, San Diego, California 92122 tel 858 554.1500 fax 858.597.0335 vwiAv.fuscoe.com ALAGIA ENGINEERING ENGINEERING FEE SCHEDULE 2015 A. Enqineerinq and Desiqn -Principal $165.00 per hour -Professional Engineer 140.00 per hour -Engineer 125.00 per hour -Senior Designer 100.00 per hour Designer 90.00 per hour B. Computer Aided Draftinq -CADD Technician 75.00 per hour C. Report/Specification/Letter Tvpinq -Administrative Assistant 65.00 per hour D. Travel and other Miscellaneous Expenses Mileage Airfare, Meals, Lodging* Other Travel Expenses* Reproductions/Photographs/Postage/Etc. Other Current IRS Rate Actual Cost+15% Actual Cost+15% Actual Cost+15% Actual Cost +15% Travel Other than the Metropolitan San Dieqo Area with Prior Approval 1 7743 DEL PASD DR TELEPHONE (B5B)-746-74 1 4 NALAGIA@SAN.RR.CDM PDWAY, CA 9ZG64 . ENGINEERING, INC. GEOTECHNICAL CONSULTANTS SCHEDULE OF CHARGES The fee for our services will be based on the charges listed below. All quoted fees are applicable for a period of 90 days from the date of the proposal to which this schedule is attached. PERSONNEL HOURLY RATE Professional Civil Engineer/Geologist $ 95 Senior Civil Engineer/Geologist $124 Certified Engineering Geologist $150 Registered Geotechnical Engineer $150 Principal Engineer/Geologist $225 Non-professional Word Processor $74 Drafter $74 Laboratory Technician $84 Field Technician $84* *Add $12 /hr for Prevailing Wage rate These rates apply to regular time and travel time in the continental United States. A maximum travel time of eight hours will be charged in any day. Overtime, if required in the interest of the project, will be charged at the above rates for professional persormel and at 1.5 times for non-professional persormel. Overtime will apply to time in excess of eight hours per weekday and all time on Saturdays, Sundays and holidays. In the event of adverse weather conditions or other factors beyond our control, a standby charge of 3 hours per day will be made for field personnel when the field personnel are called to the site and have begun work. A minimum 2 hour standby will be charged for all personnel who report to the site as requested when no cancellation notice was given. Soil technician rates include field testing related to our inspection services, such as field density and compaction testing. In addition these charge include the use of a truck and field testing equipment. Travel time will not be charged for jobs within 50 miles of our office. Travel and/or subsistence expenses for soils technician services for projects in excess of 50 miles from our office will be negotiated on an individual basis. Unless otherwise agreed to by contract, the services of and engineer and/or geologist, or special field or laboratory testing, if required in the interest of the project, will be invoiced in accordance with the rates shown above. Expert witness services, including trial preparation, depositions, and court appearances, will be charged at $250 per hour with a minimum charge of 4 hours for depositions and court appearances per day. MISCELLANEOUS CHARGES Nuclear gauge $75/day (minimum) Passenger Car/Truck S0.65/mile The use of specialized equipment, such as slope indicator, organic vapor analyzers, etc., will be charged at an hourly or daily rate. REIMBURSABLE ITEMS Outside services performed by others and direct expenses incurred on the client's behalf are charged at 1.15 times our cost. Such items include, but are not limited to, outside consultants and testing laboratories, rental and operation of drilling or excavation equipment, non-reusable equipment, reproduction costs, subsistence, transportation charges, auto rental, freight, and any special permits or inspection fees. 2014 PWStandard 12595 RAGWEED STREET, SAN DIEGO, CALIFORNIA 92129 • PHONE (858)484-2347 • FAX (858)484-8682 (ad ^l^eURKETT&WONG ENGINEERS Rate Schedule Principal Structural Design 165 Principal Associate or Project Manager Structural Design 130 Project Engineer Structural Design 100 Engineering Technician Structural Design 90 9449 Balboa Avenue, Suite 270, San Diego, CA 92123 • P 619.299.5550 • F 619.299.9934 • www.bwesd.com Structural Engineering Civil Engineering Surveying Land Planning EXHIBIT "B" - POINSETTIA COMMUNITY PARK SCHMIDT DESIGN GROUP, INC. BALANCING ARTISTIC EXPRESSION IN DESIGN WITH ENVIRONMENTAL SENSITIVITY mi Sixth Avenue, Suite 500, San Diego, CA 92103 Lie. CA2138, NV219,AZ34139 telephone {619} 236-1462 facsimile {619} 236-8792 vww.schmidtdesign.com POINSETTIA COMMUNITY PARK Scope of Work - Final- 2015 06 04 TASK 1 - MASTER PLAN REFINEMENT (Schematic Design) 1.01 KICK-OFF MEETING: The design team will hold a kick-off meeting with City staff and key members from various City departments to further define the goals and objectives for the project. The proposed project schedule will be evaluated and refined based on City staff feedback. The permitting process will be established in concert with the project schedule. Protocol for team communication will be outlined to ensure efficient channels of communication throughout the duration of the project. 1.02 PROJECT MANAGEMENT AND COORDINATION: After any meeting with the City, we will prepare meeting minutes and submit them to the City within five (5) business days. We will conduct project management activities to keep the project on-time and on- budget and notify the City of any issues that may impact the schedule or budget. Additional meetings can be approved subject to written authorization from the City. 1.03 SITE VISIT: We will conduct an initial site visit with the City to identify project opportunities and issues / concerns. 1.04 RESEARCH AND UNDERSTANDING: We will conduct an ongoing review of all available reference materials and documents that apply to the project. This includes previous planning studies, building codes, Title 24 requirements. City Landscape Manual, and as- built documents related to the site. 1.05 SUPPLEMENTAL SURVEY AND TOPOGRAPHIC BASE DRAWING: The City will provide PDFs ofthe relevant "As Builts" which we will convert into Auto CAD format. The Team will supplement with additional topographic information using our surveyors to collect design level details on existing topography, property boundary, existing utilities, and any other necessary supplemental field survey data to prepare a comprehensive base plan. Deliverable: CAD base file. 1.06 GEOTECHNICAL REPORT: The engineer will explore the site as follows: multi-sport arena - two (2) borings will be drilled to a maximum depth of 15-feet and one (1) boring to a depth of about five-feet; dog park - one (1) boring will be drilled to a depth of about 5 feet; and tot lot park - one (1) boring will be drilled to a depth of about five- feet. A report will be prepared and address the existing soil composition, percolation test results, laboratory test results and recommendations for earthwork, compaction, flatwork, and walls / footings. Deliverable: Geotechnical Report. Poinsettia Community Park Scope of Work - Final Page 2 1.07 PREFERRED SCHEMATIC PARK PLAN: A preferred design will be developed for the park based on the initial master plan that was previously developed. The plan will reflect the preferred arrangement of park program elements, multi-sport arena, dog park, children's play area, planting palette, shade structure, and site grading. Deliverable: Color rendered Schematic Park Plan. 1.08 PRELIMINARY GRADING: The design team's civil engineer will prepare a preliminary grading study which corresponds with the proposed improvements. This will also address conceptual site drainage water quality treatment, and preliminary earth work calculations. Deliverable: Preliminary grading plan with contours and preliminary earthwork quantities. 1.09 PRELIMINARY LIGHTING: The design team's electrical engineer will work with the team to select appropriate light fixtures. Conceptual lighting layouts will also be incorporated into the preferred schematic park plan. Deliverable: Preliminary electrical and lighting plan. 1.10 PRELIMINARY PARK MATERIALS: Preliminary materials will be selected including, but not limited to, park paving, walkways, gazebos, shade structures, play equipment, dog obstacle course, and site furnishings (benches, picnic tables, trash receptacles, bike rack, drinking fountain, etc.). Product literature describing park furnishings and fixtures will also be provided. Deliverable: Site IVlaterials Booklet in 8.5x11 format. 1.11 PROJECT SCHEDULE VALIDATION: A comprehensive projects schedule will be prepared in Microsoft Project and utilized throughout the duration of the project. We will continually evaluate the progress ofthe project as it relates to the overall project schedule. We will provide the City's project manager with status updates at regular intervals. Deliverable: Project Schedule. In MS Project format 1.12 CITY / CONSULTANT PROGRESS MEETINGS: We anticipate a total of four (4) meetings with City staff throughout the master plan refinement phase. 1.13 PROBABLE COSTS OF CONSTRUCTION: A probable cost estimate will be developed that addresses the proposed schematic design improvements and submitted to the City for review. Deliverable: Cost estimation in PDF format. 1.14 DESIGN REFINEMENTS: The design team will make refinements to the schematic design package based on feedback received by City staff. A total of two (2) rounds of review and revision is anticipated, schedule permitting. 1.15 FINAL PRESENTATION: The design team will present the final schematic design to City staff to obtain final approval. (^2 Poinsettia Community Park Scope of Work - Final Page 3 TASK 2 - DESIGN DEVELOPMENT (30%) 2.01 DESIGN DEVELOPMENT PLANS: The 30% Design Development Plan package will consist ofthe following deliverables: 2.01.1 LANDSCAPE CONSTRUCTION PLANS: Per approved conceptual refinements, we will prepare Design Development (DD) level drawings for hardscape improvements, seat walls, fencing, shade structures, site furnishings, visual screening, and landscape planting areas. 2.01.2 LANDSCAPE CONSTRUCTION MATERIALS: Materials will be identified including, but not limited to, decorative paving, synthetic turf, play equipment, mow strips, seat walls, fencing, shade structures, play equipment, dog obstacle course, and site furnishings (benches, picnic tables, trash receptacles, bike racks, drinking fountains, etc.). Product literature describing site furnishings and fixtures will be updated from Schematic Design submittal. 2.01.3 GRADING AND DRAINAGE PLANS: The team's civil engineering consultant will develop preliminary site grading, wet utility, and drainage plans ofthe park. Major utilities will be routed and coordinated with other disciplines. 2.01.4 ELECTRICAL AND SITE LIGHTING PLANS: The electrical and site lighting plan will be developed and will illustrate the locations of all site lighting and electrical service for A.V. equipment associated with the multi-sport arena (i.e. electronic scoreboard, etc). Initial electrical will be routed and coordinated with other disciplines. Photometric plans will be provided to illustrate proposed foot- candle distribution across the site. 2.01.5 LANDSCAPE PLANTING PLANS: Per the approved conceptual refinements, we will prepare Design Development (DD) level drawings for the placement of trees, shrubs, grasses, and groundcovers and identify proposed plant species in a legend. 2.01.6 IRRIGATION PLANS: DD level irrigation plans will be developed and will consist of a listing of irrigation system components including irrigation heads, valves, and smart controllers (manufacturer and equipment model numbers). The irrigation system will be designed to meet AB 1881 requirements. Deliverable: 24"x36" black and white plan submittal package. Ul Poinsettia Community Park Scope of Work - Final Page 4 2.02 OUTLINE SPECIFICATIONS: We will provide the list of technical CSI specifications sections to be included in the project specifications. It is assumed that the Client will provide the contractual front-end specifications language for the project. Deliverable: Outline specifications. 2.03 BASIS OF DESIGN TECHNICAL MANUAL: The design team will prepare a manual that includes all of the proposed materials, fixtures, and finishes for the exterior site improvements. Deliverable: Basis of design manual in 8.5"xll" format. 2.04 ESTIMATE OF PROBABLE CONSTRUCTION COSTS: Estimate will be updated to reflect any changes in cost resulting from design, materials, or quantity changes. Deliverable: Excel-based cost estimate. 2.05 PROJECT SCHEDULE: We will update the overall project schedule and project the time required for upcoming phases of work. Deliverable: Updated schedule. 2.06 SDG&E SAVINGS BY DESIGN: The team will coordinate with SDG&E to make a determination of project eligibility. If eligible, the team will provide documentation as needed. Deliverable: Documentation, if eligible. 2.07 DEVELOPMENT OF RENDERINGS AND BOARDS: We will prepare a series of illustrative image boards that depict the proposed project improvements in plan view. We will prepare illustrative 3D imagery to depict the anticipated character of the park spaces being created. Deliverable: An image board with a total of four (4) 3D images. 2.08 STAKEHOLDER APPROVALS: The design team will present the final design development package to various stakeholders as determined by the City. 2.09 CLIENT / CONSULTANT PROGRESS MEETINGS: A total of two (2) meetings are included during the design development phase. We anticipate these coordination meetings will allow the design team to meet with City staff to receive clarifications and direction. This approach will allow for a streamlined and efficient feedback loop. TASK 3 - CONSTRUCTION DOCUMENTS (80% and 100%) 3.01 CONSTRUCTION DOCUMENTS: The 80% and 100% Construction Documents submittal packages will include plans, specifications, and estimates in City-approved format. The following plans will be included: 3.01.1 TITLE SHEET: A title sheet will be prepared for the construction document package. Poinsettia Community Park Scope of Work - Final 3.01.2 DEMOLITION PLAN: Plans will be developed to demote existing improvements that are intended to be removed priorto construction. Special site features to remain will also be noted. 3.0L3 GRADING AND DRAINAGE PLANS: The team's civil engineering consultant will provide grading and drainage plans for the park. 3.01.4 EARTHWORK CALCULATIONS: Calculations for earthwork / cut / fill will be prepared based on the park grading design. 3.01.5 STORM DRAIN PLANS: All proposed drainage infrastructure will be included on the grading and drainage plans identified above. 3.01.6 WET UTILITY PLANS: The team's civil engineering consultant will provide water and sewer utility design plans for the park. 3.01.7 HORIZONTAL CONTROL PLANS: Plans will provide dimensioning to all new improvements and provide sufficient detail for the selected contractor to perform construction layout and staking. 3.01.8 LANDSCAPE HARDSCAPE PLANS: Plans and details will illustrate the layout and placement of elements including sidewalks, gathering spaces, seat walls, shade structures, and site furnishings. A materials schedule will denote the manufacturer, model number, color, and finish of all proposed park improvements. 3.01.9 CONSTRUCTION DETAILS: Construction details will be provided for all proposed improvements. Details will be custom and project specific or reference regionally accepted standards. 3.01.10 LIGHTING AND ELECTRICAL PLANS AND DETAILS: The team's electrical engineering consultant will provide lighting and electrical plans and details identifying the location of site lighting for walkway / path lighting, security lighting, and service for A.V. requirements at the multi-sport arena. 3.01.11 LANDSCAPE PLANTING PLANS AND DETAILS: Plans will indicate the locations, sizes, and species of all park landscape materials. Details will be provided or will reference appropriate City standards. 3.01.12 IRRIGATION PLANS AND DETAILS: Equipment and details will consist of a listing of irrigation system components including irrigation heads, valves, and smart ^6 Poinsettia Community Park Scope of Work - Final Page 6 controllers (manufacturer and equipment model numbers). The irrigation system will be designed to meet AB 1881 requirements. Deliverable: 24"x36" black and white plan submittal package. 3.02 TECHNICAL SPECIFICATIONS AND SUPPLEMENTAL PROVISIONS MANUAL: Project technical specifications will be prepared using CSI format to address the proposed project improvements. It is anticipated that the City will provide the front-end specifications for the contract bid documents. Deliverable: Specifications in MS Word format. 3.03 FINAL DESIGN CALCULATIONS: The project team's civil engineer will provide project final design calculations forthe proposed improvements. Deliverable: Final design calculations in PDF format. 3.04 STORM WATER MANAGEMENT PLAN (SWMP): The team's civil engineer will prepare a Storm Water Management Plan based on the proposed project improvements and submit to the applicable agencies. Deliverable: SWMP in PDF format. 3.05 SWPPP / NOI / EROSION CONTROL: The team's civil engineer will prepare a Storm Water Pollution Prevention plan (SWPPP) forthe on-site improvements and prepare the Notice of Intent (NOI) following the requirements of the State Water Resources Control Board's General Construction Activity Storm Water Permit. The SWPPP will be developed for the site construction and is intended to provide a framework of criteria to guide the implementation of storm water control during construction. The document is intended to be flexible to add additional detail as construction progresses and conditions change in the field. Additionally, consultant shall prepare an Erosion Control Plan forthe project. The plan will show how to mitigate erosion during construction using the State of California standard requirements. Consultant shall prepare and process the Erosion Control Plan as part ofthe precise grading, paving, and drainage plan submittal. Deliverable: SWPPP in PDF format. 3.06 ESTIMATE OF PROBABLE CONSTRUCTION COSTS: The estimate will be updated to reflect any changes in cost resulting from design, materials, or quantity changes. Submittals at 80% and 100% intervals. Deliverable: Excel-based cost estimate. 3.07 CITY SUBMITTAL: The 80% and 100% construction document packages will be submitted to the City for review. The design team anticipates meeting with City staff after the plans have been reviewed to discuss comments and proposed solutions. ^1 Poinsettia Community Park Scope of Work - Final Page 7 3.08 PERMIT PROCESSING: The final plans and specifications will be submitted to the various review agencies for review, approval, and permitting. It is anticipated that the City of Carlsbad Building Division (Esgil), Engineering Division, Planning Division, Parks & Recreation Department, and the County of San Diego Department of Environmental Health will be providing plan check reviews. 3.09 FINAL SUBMITTAL: Final signed mylar plans (irrigation only, bond paper prints for all others) and Auto CAD drawings will be submitted to the City upon final approval ofthe construction documents. Deliverable: Final mylar plans, bond paper prints, digital scans (TIFF and / or PDF files), and Auto CAD drawings. 3.10 MEETINGS: Atotal of five (5) meetings are included during the construction document phase. TASK4-BIDDING PHASE 4.01 PRE-BID MEETING: The design team will be available to respond to questions during the pre-bid meeting. 4.02 BIDDER COORDINATION: Provide response to questions during the bid period. 4.03 REQUESTS FOR INFORMATION (RFI): The design team will review and provide responses to RFI's during the bidding period. TASK D - CONSTRUCTION ADMINISTRATION & MANAGEMENT PHASE Construction Administration is a critical step in the design process as they allow the team to verify the vision and design intent of the park is being implemented. The design team will verify the contractor's conformance to the drawings and specifications throughout the construction process. The methods and materials to accomplish the work will be the responsibility of the contractor. 5.01 REQUESTS FOR INFORMATION: The design team will review and provide responses to RFI's throughout the duration of construction. 5.02 SUBMITTALS: The design team will review and provide responses to contractor submittals throughout the duration of construction. 5.03 LANDSCAPE ARCHITECTURE: The design team will conduct site visits to assess forms, flatwork, planting, and irrigation improvements. 5.04 CIVIL ENGINEER: The design team will conduct site visits to assess staking, site grading, drainage infrastructure installation, and wet utility installation. Poinsettia Community Park Scope of Work - Final Page 8 5.05 ELECTRICAL ENGINEER: The design team will conduct site visits to assess conduit, electrical panels, light fixtures, and miscellaneous electrical improvements. 5.06 PRE-FINAL WALKTHROUGH: A pre-final walkthrough will be conducted to verify all of the issues outlined on the "punch list" have been resolved. The maintenance period for the project will commence upon approval of the revisions outlined in the "punch list." 5.07 FINAL WALKTHROUGH: A final walkthrough will be conducted after the contractor verifies the corrections of the punch list items. The result of the final walkthrough will be final approval ofthe landscape and irrigation work. 5.08 WARRANTY WALKTHROUGH: The design team will conduct a walkthrough with the contractor prior to the expiration of the 12-month warranty period. A punch list will itemize necessary repairs and / or replacements to be performed by the contractor. 5.09 AS-BUILT PLANS: The design team will prepare final record as-built's based on the contractor's redline mark-ups ofthe bid plans. Final as-built's will be submitted to the City Project Manager for filing. Deliverables: Final mylar plans, digital scans (TIFF and/ or PDF files,) and Auto CAD drawings. 5.10 SITE VISITS: A total of sixteen (16) site visits are anticipated throughout the construction duration. PROJECT ASSUMPTIONS 1. Meetings in excess of those enumerated will be considered additional services. 2. Off-site street improvements have been excluded. 3. Environmental documentation including, but not limited to, EIR / MND, biological reports, and archeological reports have been excluded. 4. The construction documents will not be separated into multiple bid packages. 5. The Client shall pay all fees required by the approving agencies including, but not limited to, school districts, water districts, sewer districts, and other agencies which have jurisdiction over the project. 41 PROJECT MILESTONE DATES Poinsettia Community Park The design firm shall provide work and services in accordance with the following project milestone dates. DESIGN PHASE - POINSETTIA COMMUNITY PARK MILESTONE DATE City issues Notice To Proceed (NTP) to design firm: July 15, 2015 Kick-off meeting: July 15, 2015 Design firm completes Master Plan refinement: Aug. 26, 2015 Design firm completes Design Development documents (30% completion): Oct. 1, 2015 Design firm completes Construction Documents (80% completion) and submits an updated opinion of probable cost: Nov. 18, 2015 Design firm finalizes construction documents (100% completion) and submits for plan check: Dec. 30, 2015 City reviews grading, building and landscape plans and design firm completes all necessary revisions to plans and specifications: Feb. 23, 2016 City approves plans. Building & grading permits ready to issue: Feb. 24, 2016 City Council approves plans & specifications, and authorizes solicitation of bids: March 22, 2016 BIDDING PHASE Pre-bid meeting: April 12, 2016 Bidding phase complete: June 14, 2016 City Council authorizes award of construction contract: July 12, 2016 CONSTRUCTION ADMINISTRATION & MANAGEMENT PHASE City issues Notice To Proceed (NTP) to construction contractor: Aug. 1, 2016 Pre-construction meeting: August 8, 2016 Construction begins: Aug. 15, 2016 Construction completed: June 1, 2017 NOTE: Milestone dates may be adjusted only by mutual consent if needed to facilitate city meetings, reviews, and coordination with various city departments or other factors. SCHMIDT DESIGN GROUP, INC. BALANCING ARTISTIC EXPRESSION IN DESIGN WITH ENVIRONMENTAL SENSITIVITY 'f/H^ ^jjjj^ llll Sixth Avenue, Suite 500, San Diego, CA 92101 Lie. CA2138, NV219, AZ 34139 • telephone {619} 236-1462 facsimile {619} 236-8792 1^ www.schmidtdesign.com Poinsettia Community Parl< Schmidt Design Group, Inc. Fee Summary (including subconsultant fees) June 10, 2015 Fee Summary Task 1 - Master Plan Refinement $37,493.00 Task 2 - Design Developnnent $47,338.00 Task 3 - Construction Documents $92,923.00 Task 4 - Bidding Phase $5,980.00 Task 5 - Construction Administration and Management $24,015.00 Reimbursable Expenses $5,000.00 TOTAL: $212,749.00 1 SCHMIDT DESIGN GROUP, INC. BALANCING ARTISTIC EXPRESSION IN DESICN WITH ENVIRONMENTAL SENSITIVITY llll Sixth Avenue, Suite 500, San Diego, CA 92101 Lie. CA2138, NV219,AZ34139 telephone {619} 236-1462 faesimile {619} 236-8792 www.schmicltdesign.com Hourly Time and Materials Fee Schedule January 2015 Fees will be charged for technical work, consultation, and additional services. Charges will be made for typing, as in the preparation of reports, and for time and costs of printing. No direct charges will be made for normal secretarial service, office management, or general accounting; these items are included in overhead. Hourly Rates Principal Landscape Architect / President $225 / hour Principal Landscape Architect $165 / hour Associate Landscape Architect $130 / hour Senior Project Manager / Licensed Landscape Architect $no / hour Project Manager $85 / hour Landscape Designer $75 / hour Landscape Drafter $65 / hour Clerical / Typist $65 / hour Reimbursable Expenses Reimbursable expenses such as reproduction printing, delivery service, soils testing, permits, parking, project specific supplies, etc., will be marked up by 15%. In house plotting will be charged per square-foot at the following rates: bond $2.00 per square-foot; vellum $3.00 per square-foot, mylar $4.00 per square-foot, color $5.00 per square-foot. In-house color laser prints will be charged at $.50 for letter size, $.75 for legal size, and $i.oo for ledger size. Mileage Mileage in the interest of the client will be charged at the current U.S. General Services Administration Privately Owned Vehicle Mileage Reimbursement Rates. Travel Time spent in travel in the interest ofthe client will be charged at hourly rates. A minimum of one hour will be charged for any site visit. No more than eight (8) hours of travel time will be charged in any one day. Subsistence will be charged when it is necessary for personnel to be away from the office overnight. Rates may be adjusted annually. DAHLIN 2015 BASIC HOURLY RATE SCHEDULE Doug Dahlin - Chairman ofthe Board Nancy Keenan - President Senior Principal Principal Managing Director Senior Associate/Director Associate Senior Architect, Senior Project Manager, Senior Planner, Senior Designer Architect, Project Manager, Designer Planning Project Manager, Digital Graphics Manager Senior Graphic Artist Designer/Drafter III, Planner 111, Graphic Artist III Designer/Drafter II, Planner 11, Graphic Artist II Designer/Drafter I, Planner I, Graphic Artist I Intern, Clerical, and Corporate Administrator $235 $210 $210 $190 $190 $180 $170 $160 $130 $130 $130 $115 $104 $ 94 $ 65 Computer Plotting (Grayscale) Computer Plotting (Color) (24" X 36" sheet - bond)) $7.26 / Sheet (30" X 42" sheet - bond) $10.59 / Sheet (8.5" X 11" sheet) Standard Paper $ .65 / Sheet (8.5" X 11" sheet) Heavy Matte Paper $ .85 / Sheet (11"X 17" sheet) Standard Paper $2.10/Sheet (11" X 17" sheet) Heavy Matte Paper $2.50 / Sheet Oversize Computer Plotting (Color) $4.00 / sq. ft. Oversize Grayscale Plotting on Bond Paper (Finished Graphics, rendering) $2.75 / sq. ft. Oversize Grayscale Plotting on Vellum $2.93 / sq. ft. Line Print for Graphics (Black and white line print on special paper that accepts marker) $2.00 / sq. ft. Consultant fees, additional vendors, outside services, printing, graphic materials, telephone, and similar project related expenses: 1.15 x billing. Expert Witness rate at 3x Billable Rate. Travel time at Basic Hourly Rate. Travel mileage beyond Southern California at $0,575 per mile. Invoices are due upon presentation and become delinquent if not paid within 30 days of invoice date. Past due invoices are subject to a late charge of 1.5 percent per month. Rates effective through December 31, 2015 539 South Cedros Avenue Solana Beach, California 92075 USA 1-858-350-0544 + 1-858-350-0540 fax WWW.DAHL1NGR0UP.COM j t«, iNGINifRING EXHIBIT B 2014-2015 RATE SCHEDULE CLASSIFICATION HOURLY RATE Principal / Sr. Project Manager $200 Project Manager $174 Sr. Designer / Sr. Engineer / Sr. Water Resource Engineer $148 Designer / Engineer / Project Scientist / GIS Coordinator $132 CADD / Engineering / Environmental Tech. / Graphics Tech. $108 Information Coordinator $ 75 1 -Man Survey Crew $175 2-Man Survey Crew $245 3-Man Survey Crew $300 1. Reproduction and other reimbursable expenses (such as overnight deliveries, mileage, permits, and licenses, etc.) and client approved subcontractor services will be billed in addition to the above rotes, with a 10% handling surcharge. 2. This rote schedule is subject to change due to the granting of wage increases and/or other employer benefits to field or office employees during the lifetime of this agreement. 3. Overtime is available for critical deadlines at 1-1/2 times the normal rates for office employees. Surveyors' rates are also adjusted automatically for overtime or holiday/weekend work in agreement with the Operating Engineers Union. Client Initials Effective 11/01/2014 6390GreenwichDrive, Suite 170, Son Diego, Californio 92122 tel 858 554.1500 fox 858.597.0335 v,fv>^.fuscoe.com ALAGIA ENGINEERING ENGINEERING FEE SCHEDULE 2015 Engineering and Desiqn Principal Professional Engineer Engineer Senior Designer Designer $165.00 per hour 140.00 per hour 125.00 per hour 100.00 per hour 90.00 per hour B. Computer Aided Drafting CADD Technician 75.00 per hour Report/Specification/Letter Typing Administrative Assistant 65.00 per hour D. Travel and other Miscellaneous Expenses Mileage Airfare, Meals, Lodging* Other Travel Expenses* Reproductions/Photographs/Postage/Etc. Other Current IRS Rate Actual Cost+15% Actual Cost+15% Actual Cost+15% Actual Cost+15% Travel Other than the Metropolitan San Diego Area with Prior Approval 1 7743 DEL PABD DR TELEPHONE (B5B)-746-741 4 NALAGIA@SAN.RR.CDM PDWAY, CA gzoe4 -7S . ENGINEERING, IN& GEOTECHNICAL CONSULTANTS SCHEDULE OF CHARGES The fee for our services will be based on the charges listed below. All quoted fees are applicable for a period of 90 days from the date ofthe proposal to which this schedule is attached. PERSONNEL HOURLY RATE Professional Civil Engineer/Geologist $ 95 Senior Civil Engmeer/Geologist $124 Certified Engineering Geologist $150 Registered Geotechnical Engineer $150 Principal Engineer/Geologist $225 Non-professional Word Processor $74 Drafter $74 Laboratory Technician $84 Field Technician $84* *Add $12 /hr for Prevailing Wage rate These rates apply to regular time and travel time in the continental United States. A maximum travel time of eight hours will be charged in any day. Overtime, if required in the interest of the project, will be charged at the above rates for professional personnel and at 1.5 times for non-professional personnel. Overtime will apply to time in excess of eight hours per weelcday and all time on Saturdays, Sundays and holidays. In the event of adverse weather conditions or other factors beyond our control, a standby charge of 3 hours per day will be made for field personnel when the field personnel are called to the site and have begun woric. A minimum 2 hour standby will be charged for all personnel who report to the site as requested when no cancellation notice was given. Soil technician rates include field testing related to our inspection services, such as field density and compaction testing. In addition these charge include the use of a truck and field testing equipment. Travel time will not be charged for jobs within 50 miles of our office. Travel and/or subsistence expenses for soils technician services for projects in excess of 50 miles from our office will be negotiated on an individual basis. Unless otherwise agreed to by contract, the services of and engineer and/or geologist, or special field or laboratory testing, if required in the interest of the project, will be invoiced in accordance with the rates shown above. Expert witness services, including trial preparation, depositions, and court appearances, will be charged at $250 per hour with a minimum charge of 4 hours for depositions and court appearances per day. MISCELLANEOUS CHARGES Nuclear gauge $75/day (minimum) Passenger Car/Truck $0.65/mile The use of specialized equipment, such as slope indicator, organic vapor analyzers, etc., will be charged at an hourly or daily rate. REIMBURSABLE ITEMS Outside services performed by others and direct expenses incurred on the client's behalf are charged at 1.15 times our cost. Such items include, but are not limited to, outside consultants and testing laboratories, rental and operation of drilling or excavation equipment, non-reusable equipment, reproduction costs, subsistence, transportation charges, auto rental, freight, and any special permits or inspection fees. 2014 PWStandard 12595 RAGWEED STREET, SAN DIEGO, CALIFORNIA 92129 • PHONE (858)484-2347 • FAX (858)484-8682 BWE (|> BURKETT&WONG ENGINEERS Rate Schedule Principal Structural Design 165 Principal Associate or Project Manager Structural Design 130 Project Engineer Structural Design 100 Engineering Technician Structural Design 90 9449 Balboa Avenue, Suite 270, San Diego, CA 92123 • P 619.299.5550 • F 619.299.9934 • www.bwesd.com Structural Engineering Civil Engineering Surveying Land Planning 11 Donna Heraty From: Donna Heraty Sent: Thursday, July 16, 2015 2:09 PM To: 'gschmidt@schmidtdesign.com' Cc: Shelley Collins; Kyle Lancaster Subject: REQUIRED CONFUCT OF INTEREST Attachments: Resolution No. 201S-050.pdf To Whom It May Concern: You are receiving this email because your company has a consultant agreement with the City of Carlsbad. The City of Carlsbad's Conflict of Interest Code requires all consultants to file a statement disclosing certain economic interests, that may foreseeably be affected materially by any decisions made, or participated in, by a designated official because of their position. To comply with this requirement a Statement of Economic Interest Form 700 "Assuming Office" is required to be filed with the City of Carlsbad City Clerk's Office. To file your Assuming Office statement, please follow the instructions below: • As reflected in the City Conflict of Interest Code - Resolution No. 2015-050 (attached), the employee(s) of your company that work directly with citv staff are reouired to complete the Statement of Economic Interest Form (Form 700). Consultants are required to claim - Category (A) Investment and Real Property Disclosure Category (B) Personal Income Disclosure Category (C) Business Entity Income Disclosure Category (D) Business Position Disclosure • Your "Assuming Office" date for this filing is July 16,2015. • Even if there are no reportable interests, the cover page is still required to be completed with box "None" in Section 4 checked. • THE COMPLETED FORM 700 IS DUE IN THE CITY CLERK'S OFFICE BY 5:00 PM. AUGUST 16. 2015. Mailing Address: Citv Clerk's Office. 1200 Carlsbad Village Drive. Carlsbad. CA 92008. • Form 700 • Form 700 Reference Pamphlet Other documents vou mav use as reference: • FAQ: Form 700 Disclosure • Local Gift Fact Sheet In addition, when your contract with the City of Carlsbad is completed, the employee(s) that filed the Assuming Office statement is/are required to file a "Leaving Office" statement, utilizing the same Form 700 and entering the date the contract ended in the "Leaving Office" date line, and submitting to the City Clerk's Office no later than 30 days following completion of the agreement. ••Failure to file the Assuming and/or Leaving Office statement(s) could result in penalties assessed at $10.00 per day, not to exceed $100.00, in addition to any other penalties per California Government Section Code 91013. If you have any questions or need additional information, please feel free to contact me or the Fair Political Practices Commission (FPPC) at 1-866-ASK-FPPC (1-866-275-3772). Sincerely, Donna Heraty. CARLSBAD Donna Heraty, CMC Deputy City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 www.carlsbadca.gov P: 760-434-2808 F: 760-720-6917 donna.heratv@carlsbadca.gov Please consider the environment before printing this e-mail EXHIBITS LOCATION MAP PROJECT NAME Pine Avenue Community Park Master Plan Implementation I Project No. 4603 Document Path; J:\RequestsMarch2015\Parks\0004828_15\PineAvParkLocation.mxd EXHIBITS LOCATION MAP OR I '•'^'-OM, 'An PALOMAR OAKSWy ^ SAPPHIRE o,^ Project Site '*'?/nME DR CAMINO DE^SjOWAgt 2 S o U, z § 5 c - '' mr. km '?OS( DAIS^SSti TOto'^ NITo ' 1 BEGONIA C WHIMBREL CT BATIQUITOS.OR a =! "< : at Ifl I V ALEX4. *S- ,a)J>. RE VICINITY MAP / ' PROJECT NAME Aviara and Poinsettia Community Parks Master Plan Implementation Project Nos. 4604 and 4605 Document Path: J:\RequestsMarch2015\Parks\0004828_15\AviaraPoinsettiaParksLocation .mxd 1^ EXHIBIT 7 PINE AVENUE CHESTNUT AVENUE Ccity of PINE AVENUE COMMUNITY PARK Carlsbad MASTER PLAN UPDATE - CONCEPT PLAN ^0 EXHIBIT 8 Ccity of AVIARA COMMUNITY PARK Carlsbad MASTER PLAN UPDATE - CONCEPT PLAN EXHIBIT 9 r_rj Ccity of POINSETTIA COMMUNITY PARK Carlsbad MASTER PLAN UPDATE - CONCEPT PLAN 52.