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HomeMy WebLinkAbout2003-10-07; City Council; Resolution 2003-2661 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 RESOLUTION NO. 2003-266 APPROVING AN AGREEMENT FOR REDESIGN AND CONSTRUCTION PHASE ARCHITECTURAL AND ENGINEERING SERVICES FOR AVIARA PARK WHEREAS, the City Council of the City of Carlsbad, California, has previously appropriated funds within the City’s Capital Improvements Program budget for the design and construction of Aviara Community Park, City Project Number 36991 , hereafter referred to as the “Project;” and WHEREAS, the City Council has previously adopted Resolution Number 2002-282 approving two (2) contracts to provide architectural and engineering construction phase services for the Project; and WHEREAS, the City Council has previously modified the Project’s description to include deferral of development of the “Community Center” component within the Project to a future date; and WHEREAS, certain changes and modifications are required to the Project’s plan set of documents to accomplish the physical removal of the “Community Center” component from the construction document package; and WHEREAS, the City has sought and the original design team of consultants has provided a scope of work, schedule, and fee proposal to accomplish the services required of the City for the Project as modified; and WHEREAS, the Council does hereby find it necessary, desirable, and in the public interest to proceed at this time with the modifications to the Aviara Park plan set. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That an agreement with NTD Architects, Incorporated for the Project is hereby approved and the Mayor is authorized to execute said agreement. Following the Mayor’s execution of said agreement, the City Clerk is directed to forward copies of said agreement and this Resolution to NTD Architects, Incorporated, attention Mr. Richard Nowicki, 471 9 Viewridge Avenue, Suite 200, San Diego, California 92123 and the Recreation and Public Works - Inspection Departments. 3 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 of the Carlsbad City Council held onthe 7th day of October , 2003 by the following vote, to wit: AYES: Council Members Lewis, Finnila, and Hall NOES: Council Member Packard CLAUDE A. LEMS; May:; 7 'v P - ATTEST (SEAL) Page 2 of 2 of Resolution No. 2003-266 -2- EXHIBIT 2 AB #17,342 Reso 2003-266 AGREEMENT FOR PROFESSIONAL SERVICES FOR REDESIGN OF AVIARA COMMUNITY PARK AND ARCHITECTURAL CONSTRUCTION PHASE SERVICES THIS AGREEMENT is made and entered into as of the /*a- day of , 2003, by and between the CITY OF CARLSBAD, a municipal corporation hereafter "City", and NTD ARCHITECTS, INCORPORATED, hereafter "Contractor". Av2u/jlER RECITALS A. City requires the professional services of an architecture firm experienced with the design of the Aviara Community Park Project, hereafter referred to as the "Project . " B. Contractor has the necessary experience in providing professional services and advice related to the Project C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. MUTUAL RECISION AND UPDATED SCOPE OF WORK The parties to this agreement hereby agree to mutually rescind prior agreements dated September 24, 2002 adopted by the Carlsbad City Council by Resolution No. 2002-282 related to the Project. In its place, City shall retain and Contractor agrees to perform and render those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof in an amount not to exceed one hundred thousand dollars ($100,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. City Attorney Approved Version #04.01.02 1 4. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be as follows: Redesian Services Part 1 : Redesign and repackaging of park construction bid documents without the “Community Center” building: $41,465 as described in attached Exhibit “A,” Page 7. Redesign Services Part 2: Redesign and repackaging of park construction bid documents for the “Community Center” building: $29,176 as described in attached Exhibit “A,” Page 8. Construction Administration Services Part 1 : construction administration services, including all sub-consulting requirements, for park construction phase without the “Community Center” building: $1 10,561 as described in attached Exhibit “A,” Page 9. Architectural and engineering No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Incremental payments, if applicable, should be made as outlined in attached Exhibit “A‘. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor’s own way as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 2 City Attorney Approved Version #04.01.02 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. I N DE M N I F I CAT I 0 N The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. IO. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coveraqes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will City Attorney Approved Version #04.01.02 3 obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.1.4 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2. I The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providinq Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these 4 City Attorney Approved Version #04.01.02 payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in Citv ._ - and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv: Name: Skip Hammann Title: Deputy City Engineer Department: Public Works City of Carlsbad Address: 5950 El Camino Real Carlsbad, CA 92008 Phone No.: 760-602-2780 5 City Attorney Approved Version #04.01.02 For Contractor: Firm: NTD Architects, Incorporated Name: Richard E. Nowicki Title: Principal Address: 471 9 Viewridge Avenue, Suite 200, San Diego, CA 92123 Phone No.: 858-277-51 15 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor’s agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor’s services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations pro h i bi t i n g d isc ri m i nation and ha ra.ss men t . - 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will City Attorney Approved Version #04.01.02 6 reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. City Attorney Approved Version #04.01.02 7 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 pers0.n knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement . 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other cou n ty . 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. 8 City Attorney Approved Version #04.01.02 ATTEST: W City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RON-R. BALL, City Attorney City Attorney Approved Version #04.01.02 9 08/25/2003 14: 52 4719 Viewridge Avonue Suite ZOO San Dlega. California 92123 858,277.51 15 ww\lv,ntd.com Prlnclpal:: Jon Alan 8a ker, AIA Thomas E. Chrlstlan, AIA Richard E. Nowickl, AIA day K. Whisenant, AIA, CCS FAX .m.z77.7m NTD ARCHITECTS PAGE 02/11 EXHIBIT A August 13,2003 Revised: August 20,2003 John Cahill Municipal Projects Manager CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, Ca 92008 RE : Aviara Community Center NTD Project Number 2000-0247-03 Subject: Re-package and Re-bid Proposal Dear John, On behalf of NTD Architects, I am pleased to provide you with this proposal for Aviara Park and Community Center regarding the City of Carlsbad’s request to re-package the project and re-bid in hrvo phases- At the City of Carlsbad’s request, we are including the landscape and clvll consultants efforts in our scope. In this proposal we address the re-packaging and re-bidding in two parts. The first part includes the re-packaging and re-bidding of the entire project except the Community Center Building. We have also included a revised estimate for the Construction Administration for part one. The second part involves the re-packaging of the Community Center only. Bidding and Construction Administration for part two cannot be determined until such time as the City is certain of the schedule for completing that work. Our understanding of the project and proposed scope and terms are outlined below. SCOPE OF WORK The City has decided to move forward on the referenced project in bo phases. In the first phase, all of the project improvements with the exception of the community building are to be re-packaged and re-bid. The second phase will include only the Community Center building. The City anticipates bidding of Phase One in the near future; Phase Two will likely be undertaken in the following year. NTD recommends that bath bid packages be generated at this time to maintain continuity of the sets. The design and engineering consultants will be retained as sub-consultants to NTD Architects, including: P&D Consultants KNA Consulting Engineers, Inc. HVAC Engineering, Inc. Turpin & Rattan Engineering, Inc. ILA Zamrnit Engineering Group Young & Company, Inc. R.C. Jones Design. SCOPE OF SERVICES Please refer fo the attached Scope of Services and fee Schedule for P&D Consultants. NTD ARCHITECTS PAGE 03/11 ’ Scope of Services Continued, , , Re-Packaging Into Two Bid Sets Both bid sets include: . . m Revised construction documents and specifications to remove Community Center building. Revised construction documents and specifications to incorporate amendments and addendurns from previous bid. Update the NPDES permit and BMPS’s. Resubmit Food Service to DEH for updated approval. , Biddinq and Construction Administration The setvices include: = . Assist the City with advertisement & public bidding process. Attend pre-bid conference (if required), issue addenda, distribute documents, attend bid opening and recommend award of contract, Attend pre-construction conference. Attend job-site meetings as required. Prepare document clarifications,’change requests, change orders, etc. Prepare preliminary punch-list for Architectural work. Assist City with project: closeout procedures. Construction Administration fees for Sub-consultants contracted directly to NTD. Provide construction administration services. I . m . EXCLUSIONS City of Carlsbad to provide soils and seismicity report for construction administration purposes. City of Carlsbad to reimburse NTD for costs incurred for reproduction of documents for agency approvals, bidding, and construction at cost X 1.15. Additional services requested by City of Catlsbad of NTD’s consulting engineers will be reimbursed to NTD at cost x 1.15. FEE PROPOSAL Please reference the attached NTD Scope of Services. 08/ 25/2OO3 14: 52 8582777680 NTD ARCHITECTS PAGE 04/11 ADDITIONAL SERVICES For extra services or special projects where it is dificult to establish in advance a definifive list of services required, our fees may be negofiefed or our services may be provided on tha basis of the following hourfy rates of compensation for each classificafion of employee: I $ 75.00 per hour I $ 55:OO per hour . n Reimbursable expenses at cost plus 15%. The above rates are subject to adjustments annually, Should this meet with your approval, please sign and return one copy of this proposal to our ofice for our files. Should you have any further questions please do not hesitate to call. Sincerely, - On behalf of the City of Carlsbad YqP Richard E. o ki, A.1.A - I Principal Signature Printed Name and Title Date: RENlcsg Attachments . 08/25/2003 14: 52 8582777680 .s I Ea Emad:. nluker@ltd.com August 1,2003 NTD ARCHITECTS PAGE 06/11 P&D &mMa.nt.s Plnnner~~n~~eers/Arckirects 8954 RIO SAN DIEQO DRIa SUI= 610 $AN DIEQO, CALIFORNIA 021W W91291-I475 6191291-146 FA% wnw.pdconsuttants.Com - mD ARCHITECTS Mc Norm Luker NTD ARCHITECTS 4719 Viewridge Avenuo, Suite 200 SanDiego, CA 92123 AUG 04 20D3 RECEIVE0 SUBJXCT:. Aviara Park -.Proposal for. Repackaghg Documents fox: Rebid Dear Mr. Luker: The following is PW's proposal for Aviara Park rcgarding the City of Car1sb.d request, pa om meeting of July 3, 2003, to repackage project documents in preparation for a rebid. It is ou understanding that this effort will be in two parts. T~c first repackage will include the complete plans and specifications for the project, to include the two restroom buildings and the maintenance building. This first package will include all project hprovements, with the exception of the community building. The second package will include the completed plans and specifications far only the commwty building. P&D's services for this work effort are related only to thc civil engineering and landscape architecture components of the project. .' Scoue of Services. Task I -Plan Modifications Task 1.1 Rcviss approximately six precise grading plans and details to remove the Comnunity Center Building and associated hardscape improvements. Es task will include the incorporation of past addendums into the plans. Task 1.2 Revise approximately two utility pktns to adjust water services, sewer laterals, and drainage laterals to be located within 5 feet hside the proposed mass-graded pad of the future Comunity Building Pad. Tb task will include the incorporation of past addendums into the plans. Task 1.3 Revise approximately three mass-grading plan sheets to reflect the removal of the Community Builcllng and delineate a 2% graded pad. Illhis task will include the incorporation of past addendums into the plans. ~8/25/2003 14: 52 8582777680 NTD ARCHITECTS PAGE 07/11 Mr. Nom Luka "ID Architects I August 1,2003 Page 2 Task 1.4 Revise approximately two erosion control plans to reflect the design of a mass- graded pad in lieu of the Community Building. Task 1.5 Revise approximately three onsite publ,ic utility plans to reflect the removal. of the Community Building. Tbis task will include the incorporation of past addendums into theplans. Task 1.6 Update the NPDES permit and BMPs. Task 1.7 Remove landscape tcrrace plans and improvements with ~e community building pad. ' Task 1.8 A bIack chain-link fmce shall be provided around the cornmuOity buiIding to prevent encroachment into the habitat. Task 1.9 Removc thc irrigation pipes and heads from the coxxununity building pad area and stub out pressure mains and controller wire for fibre comections. Task 1. LO Remove the landscape planting and specimen trees fbm the landscape plans. Task 1.1 1 Provide dry hydroseed mix for community building pad area. Task 2 - Revisions to Specifications Task 2.1 .Tn,corporate the previously published civil en@neering and landscape architecture amendments to the original specification package. Task 2.2 Due to ae ;removal of the community building, provide for the construction of a .mass-graded pad at a 2% slope for pJacement of a temporary trailer. Task 2.3 Providc adjustments to water service, sewer Iatwds, storm drainage facilities, surface hardscape improvements, and landscape irrigation services, Task 2.4 Update hardscape specification for the terrace area. Task 2.5 Update large oak tree portion of the specifications. Task 3 -Meetings slad Coordination P&D will attend meetings as required by the Client for a maximum amount of 10 hours. Fee Amount P&D will provide the above services for a fixed fee of $25,600. Services requested that are not identified in the above scope of services vi11 be executed by Climt-authorized change order. 08/25/2003 14:52 8582777680 NTD ARCHITECTS PAGE 08/11 Mr. Norm Luker "ID Architects August 1,2003 Page 3 Reimbursable! Reimbursable charges for blueprinting, photogqhk mylar reproduction, photocopying, travel and mileage, dclivq services, long-distance telephone chargcs, computerized plotting, special graphic supplies, facSimilcs, and other direct project charges hcmd on behalf of CXient will be billed to Client at cost plus 15%. you for contacting us regarding this additional work for Aviara Park It dX1 great to see this project go forward. If you have any questions, please contact me. Sincerely, P&D CONSULTANTS, LNC. Chuck Moore Vice President Part One Site, Mainha Aviara Community Park - Repackage & Rebid Scope of Services REVISED: September 5, 2003 The intent of this scope is to verify the building contractor(s) is in substantial compliance with the Architectural Construction set of plans and specification?. for the subject project. The worksheet below represents the Architect's responsible charge Item Description Hours Fees 1 Repackaging Principal Project Architect Specification Writer Draftsperson 2$ 340.00 12 $ 1,440.00 20 $ 2,500.00 27 $ 2,025.00 Clerical 6$ 330.00 67 $ 6,635.00 Sub-total 2 Bid Assistance Principal Project Architect Specification Writer Draftsperson 2$ 340.00 14 $ 1,680.00 12 $ 1,500.00 12 $ 900.00 30 $ 1,650.00 Clerical Sub-total $ 6,070.00 3 Sub-Consultants KNA- Structural HVAC - Mechanical TBR - Electrical Bldg. ILA - Electrical Site Interior P&D - CivillLandscape Food Service Sub-total $ 560.00 $ 600.00 $ 3,000.00 $ 4,400.00 $ $ 20,200.00 $ $ 28,760.00 TOTAL $ 41,465.00 Tasks will require various site visits, visits to off-site locations, and ofice time The worksheet above represents the Architects responsibilities Any additional scope requested by the City or contractor shall be billed at a rate of $500 per visit with written approval by the City NTD Architects 4719 Viewridge Avenue, Suite 200 San Diego, California 92123 (858) 277-5115 Part Two uni Aviara Community Park - Repackage Scope of Services REVISED: September 5,2003 The intent of this scope is to verify the building contractor(s) is in substantial compliance with the Architectural Construction set of plans and specifications for the subject project. The worksheet below represents the Architect's responsible charge. Item Description Hours Fees 1 Repackaging Principal 4$ 680.00 Project Architect 25 $ 3,000.00 Specification Writer 30 $ 3,750.00 Draftsperson 50 $ 3,750.00 Clerical 15 $ 825.00 Sub-total 124 $ 12,005.00 2 Sub-Consultants KNA- Structural $ 1,121.00 HVAC - Mechanical $ 1,500.00 T8R - Electrical Bldg. $ 7,500.00 Electrical Site $ JYC - Interior $ 300.00 P&D - CivillLandscape $ 5,400.00 $ 1,350.00 RJC - Food Service $ 17,171.00 Sub-total TOTAL $ 29,176.00 Tasks will require various site visits, visits to off-site locations, and ofice time The worksheet above represents the Architects responsibilities Any additional scope requested by the City or contractor shall be billed at a rate of $500 per visit with written approval by the City NTD Architects 4719 Viewridge Avenue, Suite 200 San Diego, California 92123 (858) 277-5115 Part One $1 Aviara Community Park - Construction Administration Scope of Services REVISED: September 5, 2003 The intent of this scope is to verify the building contractor(s) is in substantial compliance with the Architectural Constmction set of plans and specifications for the subject project. The worksheet below represents the Architect's responsible charge Item Description Hours Fees 1 Preconstruction Conference Principal Project Architect Specification Writer Draftsperson 2$ 340.00 4$ 480.00 $ $ Clerical 6$ 330.00 Sub-total 5 1,150.00 2 Construction Administration Services (including job-site meetings and document preparation per scope of services) Principal 28 $ 4,760.00 Project Architect 128 $ 15,360.00 Specification Writer 40 $ 5,000.00 Draftsperson 80 $ 6,000.00 Clerical 160 $ 8,800.00 Sub-total $ 39,920.00 3 Preliminary Punch List Principal Project Architect Specification Writer Draftsperson $ $ $ 6$ 720.00 Clerical a$ 440.00 Sub-total 5 1,160.00 4 Project Close-Out Principal Project Architect Specification Writer Draftsperson 4$ 680.00 40 $ 4,800.00 8 $ 1,000.00 40 $ 3,000.00 Clerical 80 $ 4,400.00 S u b-total $ 13,880.00 5 Sub-Consultants KNA- Structural HVAC - Mechanical T&R - Electrical Bldg. ILA - Electrical Site Interior P&D - CivillLandscape $ 2,736.00 $ 2,150.00 $ 1,000.00 $ 5,500.00 $ $ 43,065.00 Food Service $ Sub-total 5 54,451.00 TOTAL 5 110,561.00 Tasks will require various site visits vislts to off-site locations, and office time The worksheet above represents the Architects responsibilltles Any additional scope requested by the City or contractor shall be billed at a rate of $500 per visit with written approval by the City NTD Architects 4719 Viewridge Avenue, Suite 200 San Diego, California 92123 (858) 277-5115