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Schmidt Design Group Inc; 2015-07-15;
ATTACHMENT A AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES FOR THE AVIARA AND POINSETTIA COMMUNITY PARKS MASTER PLAN IMPLEMENTATION (CIP Project Nos. 4604 and 4605) Schmidt Design Group, Inc. This Amendment No. 3 is entered into and effective as of the d /..pif1 day of '3:, ,L0:52,,,. , 2oa,amending the agreement dated July 15, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Schmidt Design Group, Inc. ("Contractor") (collectively, the "Parties") for preparation and coordination of construction documents for the Aviara and Poinsettia Community Parks Master Plan Implementation Projects. RECITALS A. On July 15, 2015, the Parties executed a Professional Services Agreement for the Aviara and Poinsettia Community Parks Master Plan Implementation Projects; and B. On July 26, 2016, the Parties executed Amendment No. 1 to the Agreement to include additional services for redesign of the playground and preparation of a stockpile plan located at the multi-sports arena for the Poinsettia Community Park project, and potholing for the Aviara Community Park project; and C. On November 9, 2017, the Parties executed Amendment No. 2 to the Agreement to include additional services related to removing the dog park from the Poinsettia Community Park project scope; and D. The Parties desire to extend the Agreement for a period of two-years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of two-years ending on July 15, 2020. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. II II II II City Attorney Approved Version 9/27 /16 June 26, 2018 Item #15 Page 11 of 21 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR €1&t gMi'j!f //?es,~/- (print na'4ie/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: 'al/ d_ /1,/ MATTttl! ~ Mayor ATTEST: lklVlli¼f. J7l 121~1. BARBARA ENGLESON (r-- '--"+-'--L..l.--'-=-===----=---:--"----'-~""'+--+---==-..,_--=--'-----'1 City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:_~.___ ____ _ ~t City Attorney City Attorney Approved Version 9/27/16 2 June 26, 2018 Item #15 Page 12 of 21 (KNOWl(OGMfN1A(KNOWLfOGMENIA(XN0WL€DGMfN!ACKNOl'IL[0Gf'EN1ACKNOWL£[){;MENIAUNOWUOGMfNTAC~NO\\IL[OGMENIAO(N0Wl!DG~'ENIACKNOWLEDGMENTACKNOWl[OGMENT.0.C:KNOWLEOGMENTACKNOWLEDGMENTACKNOWLEDG~<ENTACKNOWLEDGMENTACKNOWLEDGMENl~CKNOIVLEDGMENlAC~'IOWLIDGMENTACkNOWLEOGMtNTACIVl0Vll(OGM<N!AU~WLEDGMdH~ 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. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/~ subscribed to the within instrument and acknowledged to me that he/~AQ/the,r executed the same in his/.hQr/the~r authorized capacity~, and that by his141-'ler/tl9eir signature~ o.n the instrument the person~, or the entity upon behalf of which the person ~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (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 Acknowled gment is attached to a document titled/for the purpose of ________________ _ containing pages, and dated ---------------- The signer(s) capacity or authority is/are as: D lndividual(s) D Attorney-in-Fact D Corporate Officer(s) _____________________ _ D Guardian/Conservator D Partner -Limited/General D Trustee(s) Title(s) D Other: ________________________ _ representing: ------~---------------- Name(s) of Person(s) or Entity(ies) Signer is Representing 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 D Additional Signer(s) D Signer(s) Thumbprint(s) D ' ~ i ' I ~ 2 ~ 1 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. June 26, 2018 Item #15 Page 13 of 21 who proved to me on the basis of satisfactory evidence to be the person fs1"wh ose name~ is~subscribed to the within instrument and acknowledged to me that he/§RQ/tl:i~ executed the same in his,i'l'leF/tl;;ieif authorized capacity~, and that by hisi'Re1/tl 1Eif signaturef§t on the instrument the person ~, or the entity upon behalf of which the person ~) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 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 Cert ificate 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: D lndividual(s) D Attorney-in-Fact D Corporate Officer(s) _____________________ _ D Guardian/Conservator D Partner -Limited/General D Trustee(s) Title(s) D 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: LQ form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page # Entry# Notary contact: ____________ _ Other D Additional Signer(s) D Signer(s) Thumbprint(s) D ----------------- © 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. June 26, 2018 Item #15 Page 14 of 21 AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES FOR THE AVIARA AND POINSETTIA COMMUNITY PARKS MASTER PLAN IMPLEMENTATION (CIP Project Nos. 4604 and 4605) Schmidt Design Group, Inc. n This Amerdment No. 2 is entered into and effective as of the 9m_ day of 01 ~ , 20.j!)_, amending the agreement dated July 15, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Schmidt Design Group, Inc. ("Contractor") (collectively, the "Parties") for preparation and coordination of construction documents for the Aviara and Poinsettia Community Parks Master Plan Implementation Projects. RECITALS A. On July 15, 2015, the Parties executed a Professional Services Agreement for the Aviara and Poinsettia Community Parks Master Plan Implementation Projects; and B. On July 26, 2016, the Parties executed Amendment No. 1 to the Agreement to include additional services for redesign of the playground and preparation of a stockpile plan located at the multi-sports arena for the Poinsettia Community Park project, and potholing for the Aviara Community Park project; and C. The Parties desire to alter the Agreement's scope of work to include additional services related to removing the dog park from the Poinsettia Community Park project scope; and D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed twenty-six thousand one hundred eighty- five dollars ($26, 185). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by July 15, 2018. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. • City Attorney Approved Version 9/27/16 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR , / " (sign her~ , -:~ 1 :SUvnra/1 ~MS1/).5 (print nameitle) (sign here) , lJt11St>h{)½o,l Sr0. (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California City Manag By: r 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. BREWER, City Attorney City Attorney Approved Version 9/27/16 2 EXHIBIT "A" SCOPE OF SERVICES AND FEE Schmidt Design Group, Inc. will provide additional landscape architectural services for the Aviara and Poinsettia Community Parks Master Plan Implementation Projects. Task 1 -Plan Revision for Poinsettia Community Park -Phase Ill (CIP Project 4605) Revise and update the approved construction drawings, technical specifications, storm water quality management plan (SWQMP), storm water pollution prevention plan (SWPPP), and estimate of probable costs to remove the dog park from the scope of work for Poinsettia Community Park. Updates will include revisions to the demolition plan, civil engineering plans, electrical engineering plans including Title 24 updates, hardscape plans and details, irrigation plans and details, and planting plans. Task 2 -Bid Support for Aviara Community Park -Phase II (CIP Project 4604) and Poinsettia Community Park -Phase Ill Project (CIP 4605) Respond to questions during the pre-bid meeting and provide responses to questions and requests for information (RFl's) during the bidding period for 3rd bid. Task 3 -Reimbursables for Aviara Community Park-Phase II (CIP Project 4604) and Poinsettia Community Park -Phase Ill Project (CIP 4605) Reimbursable expenses such as reproduction printing, delivery service, parking, mileage, project specific supplies, etc., as outlined in the original agreement dated July 15, 2015. Task 4 -Construction Administration and Management Phase Credit for Poinsettia Community Park -Phase Ill (CIP Project 4605) Credit for a reduction in the scope of work for construction administration and management due to the elimination of the dog park. Task 5 -Additional Services Additional services, as needed and approved by the City, according to the hourly rates for such work as agreed to by the City and Contractor. City Attorney Approved Version 9/27/16 3 FEE SCHEDULE Total Amendment amount shall not exceed twenty-six thousand one hundred eighty-five dollars ($26,185). ITEM NO. TASK DESCRIPTION PRICE 1 Task 1 -Plan Revision for Poinsettia Park -Phase Ill $22,185.00 2 Task 2 -Bid Support for 3rd bid $3,000.00 3 Task 3 -Reimbursables $2,000.00 4 Task 4 -Construction Administration and Management Phase Credit ($4,000.00) SUB-TOTAL (Items 1-4) $23, 185.000 5 Task 5 -Additional Services, as needed and approved by the City $3,000.000 TOTAL $26,185.00 City Attorney Approved Version 9/27/16 4 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 12/28/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementls). PRODUCER CONTACT Certificate Department NAME: Cavignac & Associates r.~~N,t ~-"· 619-7 44-05 7 4 Ir:.~ .,-,. 619-234-8601 450 B Street, Suite 1800 ~~~A~~cc. CertificateS@CaVignaC.COm San Diego CA 92101 INSURERIS) AFFORDING COVERAGE NAIC# INsuRER A: Travelers Property & Casualty Com pa 25674 INSURED SCHMDES-01 INSURER B :XL Specialty Company Schmidt Design Group INSURERC: 1111 6th Avenue, Suite 500 INSURERD: San Diego, CA 92101 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER· 467499776 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ,:~Jilg~\ POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER IMM/DD/YYYY\ A X COMMERCIAL GENERAL LIABILITY y 6805H959099 1/1/2017 1/1/2018 EACH OCCURRENCE $2,000,000 -D CLAIMS-MADE GJ OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence\ $1,000,000 MED EXP (Any one person) $10,000 - PERSONAL & ADV INJURY $2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $4,000,000 / ~ 0PRO-DLoc PRODUCTS -COMP/OP AGG $4,000,000 POLICY• JECT OTHER Deductible $0 A AUTOMOBILE LIABILITY BASG389226 1/1/2017 1/1/2018 (E~1~BINcDtflNGLE LIMI I ccident $1,000,000 - X ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED ~ SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -f--NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident\ $ -f-- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ A WORKERS COMPENSATION UBOJ495455 1/1/2017 1/1/2018 XI ~\%uTE I I OTH-ER AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 ,I If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 B Professional Liability DPR9909916 1/1/2017 1/1/2018 Ea Claim & Aggr Limit $2,000,000 ./ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: The Aviara And Poinsettia Community Parks Master Plan Implementation (CIP Project Nos. 4604 and 4605) . Additional Insured coverage applies to General Liability for the certificate holder per policy form. Primary and Non-Contributory coverage applies to General Liability per policy form. Professional Liability -Claims made form, defense costs included within limit. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 799 Pine Ave., Ste. 200 ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad CA 92008 AUTHORIZED REPRESENTATIVE I ~~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD \ Policy Number: 6805H959099 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the ·products-completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to the additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. © 2007 The Travelers Companies, Inc. CG D3 810907 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 AMENDMENT NO. 1 TO AGREEMENT FOR THE AVIARA AND POINSETTIA COMMUNITY PARKS MASTER PLAN IMPLEMENTATION (CIP Project Nos. 4604 and 4605) Schmidt Design Group, Inc. 1 is entered into and effective as of the Zlo 1tJ day of --.:......J.~"'--+-------' 20~, amending the agreement dated July 15, 2015 (the "Agreement") and between the City of Carlsbad, a municipal corporation, ("City"), and Schmidt Design Group, Inc. ("Contractor") (collectively, the "Parties") for preparation and coordination of construction documents for the Aviara and Poinsettia Community Parks Master Plan Implementation Projects. RECITALS A. The Parties desire to alter the Agreement's scope of work to include additional landscape architectural services; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed ten thousand six hundred fifty dollars and seventy-five cents ($10,650.75). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by December 31, 2016. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version 1/30/13 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR (print name/t1tl ) (prtnt ~itle) CITY OF CARLSBAD, a municipal corporation of the State of California By: a~ z . (~~ 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 8 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. BREWER, City Attorney BY: __ ~~~~·==~~~~------ .tr;ssistMlt City Attorney ~ City Attorney Approved Version 1/30/13 2 EXHIBIT "A" SCOPE OF SERVICES Schmidt Design Group, Inc. will provide additional landscape architectural services for the Aviara and Poinsettia Community Parks Master Plan Implementation Projects. Task 1-Playground Redesign for Poinsettia Community Park (CIP Project 4604) A new design of the Poinsettia Community Park playground will be prepared. This effort will include design time requiring coordination with various vendors including equipment manufacturers and synthetic turf manufacturers and installers. The illustrative simulations and illustrative colored concept design will be revised accordingly. Task 2-Stockpile Plan for Poinsettia Community Park (CIP Project 4604) A stockpile plan will be prepared for the proposed stockpile to be located at the Poinsettia Community Park multi-sports arena. This includes BMP plans, earthwork calculations, stockpile elevations and slopes. Task 3-Gas Line Pot-Holing for Aviara Community Park (CIP Project 4605) Pot-holing services will be performed at Aviara Community Park to determine the size and location of the existing gas line within the project limit of work. A plan will be provided illustrating the location of the existing gas line. Total Amendment amount shall not exceed ten thousand six hundred fifty dollars and seventy- five cents ($10,650.75). ITEM NO. DESCRIPTION PRICE 1 Poinsettia Community Park (CIP Project 4604) Task 1 -Playground Redesign • Principal-8.5 hours at $165/hour • Project Manager-33.75 hours at $85/hour • Landscape Designer-7.5 hours at $75/hour • Landscape Drafter-21 hours at $65/hour $6,198.75 2 Poinsettia Community Park (CIP Project 4604) Task 2-Stockpile Plan $3,139.50 3 Aviara Community Park (CIP Project 4605) Task 3-Gas Line Pot-Holing $1,312.50 TOTAL $10,650.75 City Attorney Approved Version 1/30/13 3 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