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HomeMy WebLinkAboutWimmer, Yamada and Caughey; 2012-04-25; PEM872PEM872 AGREEMENT FOR DESIGN COMPLIANCE OVERSIGHT SERVICES (WIMMER, YAMADA & CAUGHEY) THiS AGREEMENT is made and entered into as of the cOS'^ day of /'j yjA.j P , 2012, by and between the CITY OF CARLSBAD, a municipal corporation {'City"), and WIMMER, YAMADA & CAUGHEY, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consulting design firm with the resources to provide design compliance oversight over a multitude of professional disciplines to ensure design intent and performance specification compliance relating to the City managed design build contract for the construction of Alga Norte Community Park Phase I project ("Park Project") that includes an aquatic center, skateboard park, dog park, children's playground, lighted ball fields, picnic areas, parking lot and other park design features. B. Contractor and contractor's subcontractors have unique knowledge of the design intent for the Park Project having prepared the detailed plans and specifications for the Park Project and having prepared the design narrative that together form the basis of the performance specifications to be used by the design builder in the construction of the Park Project. C. Contractor has the necessary knowledge and experience in providing professional services and advice related to ensuring design intent and design compliance oversight on design build contracts. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of twenty (20) months from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional year period or parts thereof in an amount not to exceed one hundred thousand dollars ($100,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length ofthe extended City Attorney Approved Version 2/17/12 Agreement. Payments will be made on a time and material basis, not to exceed the estimated fee for each of the consultant team member's tasks as identified in the attached "Exhibit A." 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 6. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be two hundred sixty five thousand dollars ($265,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the 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 attorneys fees arising out of the performance of the work described herein caused by any negligence, City Attorney Approved Version 2/17/12 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 eariy 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 line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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 underthis Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. 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. I I if box is checked, Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: City Attorney Approved Version 2/17/12 16 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 of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 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 underthis Agreement. 10.5 Submission of Insurance Policies. Citv reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carisbad 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 cleariy identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. City Attorney Approved Version 2/17/12 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv For Contractor Name David Hauser Name Patrick Caughey Title Director Title Principal Property and Environmental Department Management Address 3067 Fifth Ave City of Carisbad San Diego, CA 92103 Address 1635 Faraday PhoneNo. 619-232-4004 Carisbad, CA 92008 Email pcaughey@wyac.com Phone No. 760-602-2739 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements 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 liarassment. 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 othen/vise 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 City Attorney Approved Version 2/17/12 to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othenA/ise recover, the full amount ofthe 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. City Attorney Approved Version 2/17/12 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// City Attorney Approved Version 2/17/12 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 WIMMER, YAMADA & CAUGHEY, a Cal ifo/rrfavcorj^oration CITY OF CARLSBAD, a municipal corporation of the State of California By: iVIavor Patrick W. Caughey, Presicient (print name/title) ATTEST: (signhere) (/ (/ ' Jennifer M RRAINE M. WOOD Caughey, Corp Secretary City Clerk PLEA6E SEE ATTACHED (print name/title) NOrrARIZED FORM If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Assistant City Attorney Approved Version 2/17/12 / California All-Purpose Acknowledgment State of Califomia County of San Diego On ,2Qn=> before me, Elyce Marie Martinez, Notary Public, personally appeared f>a^oc^^ Cau&ue<j i^vxr^^^^^- ^c.y^9^^ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ^^is/^e subscribed to the within instrument and acknowledged to me that fec/shc/fchey executed the same in hi&4ier/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. I certify under PENALTY OF PERJURY under the laws ofthe State ofCalifornia that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature ofNotary Public OFFICIAL SEAL I ELYCE MARIE MARTINP7 ^ INOTARY PUBLIC-SSJFKIAS COMM. NO, 1816789 ^§ SAN DEGO COUNTY MY COMM. EXP. OCT 3,2012 OPTIONAL Description of Attached Document Title or Type of Document A^re-e»<vv^e*^^ "fcv-d^S iAio ^ 6w\p\Cct gveirs'A ^*^M^ Document Date: H -1(£>^\^ Number of Pages (including this one) Additional hiformation Capacity(ies) Claimed by Signer • Individual • Corporate Officer- Title(s) • Partner: Limited General • Attomey-in-Fact • Trustee • Guardian or Conservator • Other Signer is Representing: Right Thumbprint of Signer 1 Right Thumbprint of Signer 2 F;tS!-kk W, CiMghey RLA April 11,2012 Patricl< McGarry Property & Environmental IVIanagement City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Project: Alga Norte Community Park - Phase 1 Re: Construction administration oversight- scope of services and associated fees Dear Patricl<, Wimmer Yamada and Caugiiey (WYAC) is pleased to provide you witii tiie following scope of services and associated fees for construction administration oversigiit of tiie Alga Norte Community Park in Carlsbad. Tiie following represents our proposed scope of services: A. Basic Assumptions included within this scope of services: • Wimmer Yamada and Caugiiey (WYAC) and selected members of our original consultant team will provide design oversigiit to tiie construction of tiie Alga Norte Community Park. Design oversigiit includes design review, material submittal review and maintaining tiie design integrity of tiie original design in conformance of tiie City ofCarlsbad approved master plan for tiie park project. • WYAC assumes tiiat a separate contract will be issued for project construction management (CM) for tfie project. • We will invoice for services on an iiourly not to exceed basis witii back-up for eacli task completed. Hourly services completed by selected consultants required will include a 10% mark-up for administration (inclusive of fees as provided). • WYAC will iiave an assigned project manager at weekly construction meetings for tiie duration of tiie project. Additional consultants will be available to attend tiie weekly meetings on an as needed basis pertaining to specific design component issues. • We tiave developed tiiis scope based on a construction sciiedule of 20 montiis based on a start of construction date in mid 2012 and ending in early fall 2013. /7 1/. B. The following allowance items are included as part ofthe review and scope services. • Solar Thermal System for pool hot water system. • Design and construction changes due to 2010 Standards for Accessible Design compliance. • Design and construction changes due to ball field elevation transition to basketball court elevation. • Design and construction change due to basketball court: (1 full court plus 2 half courts, revised basketball standards). • Design and construction of video surveillance system. • Design and construction of electronic security hardware/access control system. • Design and construction of public address system for the aquatics complex. • Design and construction of portable concession stand in outdoor yard of Building 3. • Alicante Road resurfacing and dg path along Alicante Road. • Application of silicon sealer on the concrete surface for the pool and pool deck. • Design and construction of additional LED tree up-lighting in aquatic complex and playground. • Design and construction of synthetic turf for two south ball fields in lieu of natural turf. The following allowance items (that may require our oversight) are added as a result of the final design build team selection process: • Playground upgrades • Aquatics Wet play area upgrades • Building wood frame to metal frame system • Irrigation system upgrades C. Detailed Scope of Services 1. Prior to beginning construction WYAC will assist tiie city staff and CM in conducting a pre- construction meeting witii representatives from eacii discipline of our consultant team. 2. Tilis meeting will include tiie review of tlie proposed project sciiedule, metiiods for project correspondence, submittal and siiop drawing requirements and general communication protocol. 3. WYAC and selected consultant team members wiil provide design oversight on required material submittal packages, siiop drawings and design details, contractor request for information (RFI) and related correspondence as managed by tiie CM. 4. WYAC wiil coordinate witii tiie CM on sciiedule review and coordination to manage a timely and responsive review process. 5. During tfie construction piiase an assigned project manager from WYAC and Aquatic Design Group will attend weekly project meetings in conjunction witli tiie CM to discuss project progress, issues and sciiedule milestones. Additional WYAC consultant team members will be invited to attend weekly meetings based on CM invitation and relevant design component discussion. 6. Based on a twenty (20) montii project construction sciiedule we iiave assumed attendance to eighty-eight (88) weekly meetings. Alga Norte Community Park Phase 1 - Const. Admin. Proposal April 10, 2012 Page 2 of 5 IS 7. In addition WYAC and selected consultant team members will we will be available for on-site reviews as deemed necessary. Selected WYAC consultant team members iiave provided an allowance for number of site visits based on tiieir discipline and relevance to necessary on-site coordination. 8. At substantial conclusion of construction we will organize and conduct a pre-maintenance walktiirougii by WYAC and specific consultant team members to develop a puncii list for corrective action by tiie design build team. WYAC and consultant team members wili prepare specific puncii lists for completion, correction or non-compliance for transfer to tlie CM for distribution to city staff review. Upon staff review, edits, deletions and additions tiie CM will issue lists to tiie design build team for distribution. Tiie CM will notify WYAC and consultant team members of additional site visits required to observe and verify tiiat puncii lists iiave been completed. 9. At tiie conclusion of tiie landscape maintenance period WYAC will conduct a final walktiirougii and prepare final puncii lists for corrective action specific to irrigation, landscape and related site matters not included in tiie substantial completion review outlined in # 7. D. Selected WYAC Consultant Team Members to participate on as needed basis Aquatic Design Group (Pool Design) 1. Prior to construction, conduct one (1) pre-construction meeting to review tiie proposed project sciiedule and coordinate witii otiier construction trades involved. 2. Responsible for reviewing and responding to submittals, and RFIs specific to all aquatic components including pool construction, meciianical, electrical, plumbing and related pool complex components. 3. During construction, we iiave included an allowance for Eighty-Eight (88) weekly jobsite meetings. Reports of sucii visits will be provided to tfie client and otiier team members of tiie design and construction team. 4. During construction, we iiave included an allowance for forty (40) construction site observations/meetings specific to pool area complex work to ensure tiiat tiie progress of work is consistent witii tiie proposed sciiedule and tiiat tiie design intent is being followed. Reports of sucii visits will be provided to tfie client and otiier team members of tiie design and construction team. 5. One (1) project walk-tiirougii and creation of puncii list at substantial completion. 6. One (1) project walk-tiirough at final completion. Action Sport Development (Skate Park) 1. Prior to construction, conduct one (1) pre-construction meeting to review the proposed project schedule and coordinate with other construction trades involved. 2. Responsible for reviewing and responding to submittals, and RFIs specific to skate park and elements contained within park envelope. 3. During construction, we have included an allowance for Eighteen (18) construction site observations/meetings specific to skate park work to ensure that the progress of work is consistent with the proposed schedule and that the design intent is being followed. Reports of such visits will be provided to the client and other team members ofthe design and construction team. 4. One (1) project walk-through and creation of punch list at substantial completion. Alga Norte Community Park Phase 1 - Const. Admin. Proposal April 10, 2012 Page 3 of 5 5. One (1) project walk-through at final completion. Berg Associates (original civil engineer on record) 1. Provide stormwater management report based on previous regional water quality approval. 0-Dav Consultants (Civil Engineering) 1. Prior to construction, conduct one (1) pre-construction meeting to review the proposed project scheduie and coordinate with other construction trades involved. 2. Provide oversight for SWPPP compliance as required. Architects Hanna Gabriel Wells (Architecture) 1. Prior to construction, conduct one (1) pre-construction meeting to review the proposed project schedule and coordinate with other construction trades involved. LSW Engineers (Building MEP) 1. Prior to construction, conduct one (1) pre-construction meeting to review the proposed project schedule and coordinate with other construction trades involved. E. Fee Schedule Fees for the work described above will be charged on an as needed basis using the provided hourly rates against an allowance of Two Hundred Sixty Five Thousand Dollars ($265,000). The following hourly rates by each consultant member wiil be used for the design oversight responsibility. A10% mark-up will be added to actual hourlv expenses bv sub-consultants bv WYAC for monthlv administration (inclusive in fees as provided). Other reimbursable expenses for reproduction, delivery and related project expenses will be charged at cost in addition to the fees as defined. WYAC will provide a monthlv breakdown of completed tasks bv hour inciudina a description of work completed bv consultant team members. WYAC -Park Designer and Landscape Architect Estimated Fee: $160,000.00 Principal / Senior Project Director $205/hr Senior Associate Project Manager $155/hr Clerical $75/hr Aquatic Design Group-Aouatic Design Estimated Fee: $50,000.00 Principal $195/hr Project Manager $135/hr Clerical $ 50/hr Alga Norte Community Park Phase 1 - Const. Admin. Proposal April 10, 2012 Page 4 of 5 ZO Action Sports - Skate Park Design Estimated Fee: $17,000.00 Principal $175/hr Project Manager $155/hr Administrative Assistant $65/hr 0-Dav Engineering/Berg -Civil Engineering Estimated Fee O'Day: $15,000.00 Estimated Fee Berg (SWPPP Report update): $3,000.00 Principal $195/hr Project Manager $ 164/hr Project Engineer $146/hr Design Engineer $129/hr Clerical $ 60/hr Architects Hanna Gabriel Wells - Architecture (includes sub-consultants to buildings as well) Estimated Fee: $20,000.00 Principal Architect $200/hr Project Architect $150/hr Project Manager $150/hr Clerical $ 65/hr LSW-Mechanical & Electrical Engineering Included in Architects Hanna Gabriel Wells Principal $150/hr Senior Engineer $120/hr Clerical/Word Processor $ 60/hr Please contact me directly at 619-232-4004 or pcaughev@wvac.com should you need clarification to the information provided. Sincerely, WIMMER YAMADA AND CAUGHEY Patrick W. Caughey, RLA, FASLA President cc; Brad Hilliker, Jennifer Caughey, WYAC File: 03-002.002, Alga Norte Phase 1, Const Adnnin Oversight Prop, 4-10-12, PM, pc Alga Norte Community Park Phase 1 - Const. Admin. Proposal April 10, 2012 Page 5 of 5 li