HomeMy WebLinkAboutRGGroup Inc; 2011-10-19; PEM840PEM840
AGREEMENT FOR DESIGN-BUILD PROCUREMENT PROCESS CONSULTING SERVICES
(RGGROUP, INC.)
THIS AGREEMENT is made and entered into as of the /*? day of
Ocrk>t>C4^ 2011, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and RGGROUP, INC., a California corporation, ("Contractor").
RECITALS
City requires the professional services of a Design/Build Process Consultant that is
experienced in assisting municipalities and other public entities in adopting the design/build
procurement method. Contractor has the necessary experience in providing these professional
services, 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 Exhibit "A", attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of nine (9) months from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be ten thousand dollars ($10,000).
No other compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement and approved expenses. City reserves the right to withhold a
ten percent (10%) retention until City has accepted the work and/or the Services specified in
Exhibit "A."
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of City. Contractor will be under the control of City
only as to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
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'
City Attorney Approved Version 5/12/11
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.
6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance,
and professional liability insurance from an insurance company authorized to transact the
business of insurance in the State of California which has a current rating in the Best's Key
Rating guide of at least A-:VII OR with a surplus line insurer on the State of California's List of
Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at
least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless
otherwise authorized and approved by the City Attorney or the City Manager. Contractor will
obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force during the life of this Agreement and will not be
canceled without thirty (30) days prior written notice to the City by certified mail. City will be
named as an additional insured on General liability. Contractor will furnish certificates of
insurance to the Contract Department, with endorsements to City prior to City's execution of this
Agreement.
7. CONFLICT OF INTEREST
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.
8. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
9. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written
notice to the other party. City will pay Contractor's costs for services delivered up to the time of
termination, if the services have been delivered in accordance with the Agreement.
10. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650,
et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further
acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to
terminate this Agreement.
11. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any
disputes between the parties arising out of this Agreement is the State Superior Court, San Diego
County, California.
12. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to
become due under it, without the prior written consent of City.
City Attorney Approved Version 5/12/11
13. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment
will be in writing, signed by both parties, with a statement of estimated changes in charges or
time schedule.
14. 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
RGGROUP, INC., a California corporation
By:
(print name/title)
By:
(sign here)
^Ci.VsLy\ x ^
(print name/title)
L*
f
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
City Manager or Mayor or Director
ATTEST:
LORRAINE M. WOOD
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:
RONALD R. BALL, City Attorney
By:.
Assistant City Attorney
City Attorney Approved Version 5/12/11
"WELLS
FARGO
All-purpose Acknowledgment California only
State of California
County of 0,
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who proved to me on the basis of satisfactory evidence to be the person(|Q whose
name(H is/a\e subscribed to the within instrument and acknowledged to me that
he/sHe/thfy executed the same in his/h4[/th^jr authorized capacity(ie^), and that by
his/hAr/tr|pir signature($ on the instrument the person($), or the entity upon behalf
of which the personO^ acted, executed the instrument. •
I1 certify under PENALTY OF PERJURY under the laws of the State of California that the :
foregoing paragraph is true and correct. !
^~y? WITNESS my hand and official seal.
Sianature &^^2^5^ ^ ^-^^^
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>^S^X GREGORY HOEKMAN
fejlflBi COMM. #1893050fett^®^ NOTARY PUBLIC -CAUFORNIA
\5fij3J/ ORANGE COUNTY
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Notary Seal
Scanner Enabled Stores should scan this form
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DSGS3SOCA (12-07113424)FO01-OOODSG5350CA-01
WELLS
FARGO All-purpose Acknowledgment California only
State of California
County of
On ,£jJ/_ ..... . ...... before me
personally appeared
7^.,,
4 $/: s^mL (here insert name and title of the officer),
who proved to me on the basis of satisfactory evidence to be the personjsfwhose
namej£) isXare subscribed to the within instrument and acknowledged to me that
.he/she/they executed the same in Jiis/her&twif authorized capacity(ies>, and that by
•hw/her/ibeif signature(s->on the instrument the person{s), 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.
WITNESS my hand and official seal.
Signature
Notary Seal
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Manual Submission Route to Deposit Operations
0SG5350CA (12-07113424)FOO1-OOODSG5350CA-01
Intelligent Design &
Process Management
Exhibit "A"
Mr. Patrick McGarry
City of Carlsbad
(Email)
August 18, 2011
August 25, 2011 Revisions in blue
Subject: Assistance with Development of Design Build RFP for City of Carlsbad Alga Norte
Community Park
Dear Mr. McGarry:
The City of Carlsbad is planning on constructing the Alga Norte Community Park within tight budget and
schedule constraints. It is our understanding that the City wishes to use Design Build to finish the design and
construction process for this project. The rggroup proposal for the project consists of the following:
The following is rggroup's scope of work:
Initial Meeting with City of
Carlsbad staff
Assist City in development of
overall structure of the RFP,
Agreement between Owner
and Design Builder and
General Conditions General
based on the DBIA Contract
Documents 2010 Edition
Assist City in development of
DBTeam Prequalification
Criteria and Evaluation Criteria
Assist City in development of
Technical Submittal
Requirements
Assist City in development of
Technical Scoring and
Evaluation Criteria
Review project information with City team to understand the scope of the
project, budget and schedule.
Proposal Schedule template, Draft Project Description, Draft Proposal
Documents, Maximum Acceptance Cost, Draft Basis of Selection, Draft
General Proposal Requirements, Term and Provision, and payment for
Stipend for Proposal Preparation.
Modifications of the DBIA contract documents specific to City of Carlsbad Alga
Norte Community Park for review by City Counsel. Project General Requirements
will be developed by the City.
Utilizing City of Carlsbad information, assist in the development a
prequalification criteria which the City can distribute to prospective Design-
Build Teams
Draft project technical submittal requirements including the outline of the
process for review.
Assist in producing a weighed technical evaluation and scoring criteria that
assist the City in obtaining the desired results for the project. Important and
critical elements of the project will be defined by City staff.
Ms. Gladson will manage the development of work outlined above and is immediately available to dedicate
the needed time to ensure success. Ms. Gladson has assembled a team of experts which will ensure the
success of the City of Carlsbad project. We have included Ms. Gladson's resume and a company brochure as
a part of this letter proposal to highlight our company experience.
The City staff will perform all other tasks including but not limited to:
• Determination that the project budget and scope are in alignment and that appropriate funds have been identified to
adequately fund the project,
• Develop and administer the overall project delivery strategy, including the process for the design and construction of
the City of Carlsbad project within the project budget and schedule,
• Provide project program, drawings and specification for the Request for Proposal,
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• Manage the proposal and procurement process for the project,
• Implement a process that provides the City with single source architect/contractor responsibility that will avoid or
minimize the possibility of project delays or budget overruns yet incorporates City of Carlsbad involvement into the
final design process and provides for innovation in the final design and construction,
• Develop / Modify existing program to meet the City of Carlsbad mission, visions and requirements for a State of the
Art community park and aquatics facility,
• Define and document project constraints, i.e. schedule, budget, maximum allowable contract (MAC), agency
requirements, fluctuating market conditions, phasing, etc.,
• Advertise and publish the DB Team prequalification criteria and perform all evaluation of submitted prequalification
information,
• Advertise in accordance with the City of Carlsbad requirements for contractor and subcontractor bids and services,
• Transmit and administer the prequalification criteria to prospective Design Build teams, fielding questions concerning
the project objectives and information requests,
• Mange the requests for any and all clarifications necessary to complete the prequalification process,
• Review with City Counsel any legal issues associated with DB Team prequalification including any prequalification
protest processes,
• Notify prequalification submitters of their qualification status,
• City staff will develop and manage the criteria and process for sub-contractor prequalification if required,
• Develop a project risk strategy that appropriately allocates risk between the owner and single source contract for the
project,
• Develop procurement strategy that will maximize program opportunities ("expansion ready", additional space) and
provide an overall best value (cost and time benefit) to the City,
• Develop critical project decisions matrix for City of Carlsbad,
• Assist with community involvement / Development of public relations materials,
• Define management approach for BIM (Building Information Modeling) technology process and Lean Construction,
• Management of the issuance of contract documents, pre-bid meetings, confidential one-on-one meeting with
prequalified DB Teams, technical evaluation committee/process and determination of "Best Value" proposal.
The fee for the work outlined as rggroup scope of work is $10,000.00. Industry standard reimbursable cost
such as printing, mileage, purchase of DBIA contract documents, etc. is not included.
I look forward to your comments. Please call me at 949-874-3426 or rgladson@rggroupglobal.com
Sincerely yours,
Rebekah Gladson
President, rggroup, inc.
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