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HomeMy WebLinkAbout2003-07-08; City Council; 17229; Agreement for Alga Norte Community Park DesignAB# 17,229 MTG. 7/8/03 DEPT.RECREATION RECOMMENDED ACTION : TITLE : AGREEMENT FOR PROFESSIONAL SERVICES FOR ALGA NORTE COMMUNITY PARK DESIGN WITH WIMMER, YAMADA, AND CAUGHEY CITY MGR. It is recommended the City Council ADOPT RESOLUTION NO. approving an agreement for professional services for the design of Alga Norte Community Park, City Project No. 38372, with Wimmer, Yamada, and Caughey. ITEM EXPLANATION: 2003-178 On January 14, 2003, the City Council adopted Resolution No. 2002 - 371 approving the Alga Norte Community Park Masterplan. In addition, the City Council directed staff to study the aquatics needs of the community and develop a Masterplan for a proposed aquatics complex. Following the January 14th City Council meeting, an aquatics study was undertaken, site visits of comparative facilities were made, public workshops for community input were conducted, and an Aquatics Complex Masterplan was thereafter produced. On April 22, 2003, the City Council adopted Resolution No. 2003 - 109 approving the Alga Norte Community Park Aquatics Complex Masterplan. During the subsequent City Council workshops and public hearings on the Fiscal Year 2003 - 2004 CIP and Operating Budgets, the City Council unanimously selected a pool configuration and set forth a coordinated development schedule for the entire park including the aquatics complex. Attached is the City’s standard professional services agreement with the San Diego based landscape architecture firm of Wimmer, Yamada, and Caughey to provide complete design services for the entire community park and the aquatics facilities. Work will commence shortly after approval of this agreement and require approximately 12 to 14 months to complete. The design team includes resources from: Wimmer, Yamada, and Caughey Tucker, Sadler, Noble, & Castro Simon Wong Engineering Aquatics Design Group R.E. Berg Engineering California Skateparks, Inc. Ninyo & Moore Engineers LSW Electrical Engineers Campbell Anderson, Inc. Hansen Associates Linscott, Law, and Greenspan Landscape Architecture and Prime Consultant Building Architecture Structural Engineering Pool Complex Design Civil Engineering Skatepark Design Geotechnical Engineering Electrical and Mechanical System Design Cost Estimating and QC Review Facility and Park Signage Traffic Engineering and Parking Circulation It is staffs intention to make periodic status presentations on design progress to the Parks and Recreation Commission as design milestones are achieved over the next 14 months. Similar status presentations can be made to the City Council if desired and as agenda schedules permit. Staff recommends approval of the attached consultant agreement. Page 2 The professional services to be provided by this agreement have been acquired in accordance with the requirements of CMC Section 3.28 mandating multiple, competitive proposals. In early 2002, a City review team evaluated proposals from several architecture firms for both the Masterplan and the Design phases of this project. The selection of this firm was intended for both phases of the park development. ENVIRONMENTAL IMPACT: The Planning Director has determined that approval of a consultant agreement to prepare preliminary design exhibits for Conditional Use Permit submittal along with subsequent construction drawings and specifications intended to be used as design documentation is exempt from environmental review pursuant to Section 15262 of the CEQA Guidelines (re: feasibility and planning studies). The Alga Norte Community Park Project will, however, undergo local agency land use review , approval of a Conditional Use Permit, and its own environmental review. FISCAL IMPACT: On June 17, 2003, the City Council adopted the Fiscal Year 2003-2004 Capital Improvement Program Budget. The City Council has appropriated $12,978,000 for design and construction of the park and $500,000 for initial design of the pool component. The balance of the pool construction funds (estimated to approximately $1 0,800,000 which is the Pool Option 10 cost of $1 1,300,000 minus the $500,000 current appropriation) will be requested to be appropriated in the FY 2004 - 2005 CIP budget. Therefore, there are sufficient funds appropriated currently to approve the design contract and proceed with the entitlement and design phases of Alga Norte Community Park at this time. The total design contract value for all prime and subconsultant disciplines is $1,375,850 which represents approximately 6% of the total estimated construction value of $20,000,000 for the combined park and pool construction. This design cost is comparable to several other major City facility and park development projects undertaken over the years. The scope of work includes 100% of all entitlement and final design tasks and products to deliver the complete “bid set” of construction drawings, specifications, equipment and systems lists, and related documentation to the City. EXH IBlTS : 1. Resolution No. 2003-178 approving a design agreement for Alga Norte Community Park. 2. Alga Norte Community Park Site Plan. 3. Alga Norte Community Park Aquatics Complex Site Plan. 4. Agreement for Professional Services for Alga Norte Community Park Design with Wimmer, Yamada, and Caughey. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR ALGA NORTE COMMUNITY PARK DESIGN WITH WIMMER, YAMADA, AND CAUGHEY WHEREAS, the City Council of the City of Carlsbad, California desires to develop a community park in the Southwest Quadrant of the City to meet the recreational needs of the citizens; and WHEREAS, the Parks and Recreation Element of the General Plan of the City of Carlsbad identifies development of a city-wide community park system ; and WHEREAS, funds have been appropriated in the FY 2003-2004 Capital Improvement Program to develop Alga Norte Community Park in the Southeast Quadrant of the City; and WHEREAS, the City has previously selected the firm of Wimmer, Yamada, and Caughey to complete the park Masterplan and the Aquatics Complex Masterplan; and WHEREAS, an agreement for professional services for final design of Alga Norte Community Park has been negotiated with Wimmer, Yamada, and Caughey; and WHEREAS, the City Council of the City of Carlsbad, California hereby finds it necessary, desirable, and in the public interest to proceed with the design contract for the aforementioned park design. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That an agreement for professional services for Alga Norte Community Park design with Wiminer, Yamada, and Caughey is hereby approved and the Mayor is authorized to execute said agreement on behalf of'the City. 3. That following the Mayor's execution of said agreement, the City Clerk is directed to forward copies of said agreement and this resolution to Wimmer, Yamada, and Caughey, attention Mr. Patrick Caughey, 3067 5'h Avenue, San Diego, California 92103 and the Recreation Administration Department. EXHIBIT 1 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 8th day of JULY ,2003 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin NOES: Council Members Hall, Packard ATTEST LORRAINE M. WOO, City Clerk ' Resolution No. 2003-178 -2- (SEAL) f 1 1 1 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 25 28 2003-179 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REJECTING THE CONSTRUCTION BIDS FOR AVIARA COMMUNITY PARK, CXTY PROJECT NO. 3699 1, AND DIRECTING STAFF TO REDESIGN THE PROJECT WHEREAS, the City Council of the City of Carlsbad, California, has previously adopted Resolution No. 2003-059 extending the bid received from the lowest responsive, responsible bidder for the construction of Aviara Community Park, to July 16,2003;and WHEREAS, the City Council has previously adopted the Fiscal Year 2003 - 2004 Capital Improvement Program Budget which includes changes to the aforementioned project; and WHEREAS, the City Council does hereby find it necessary, desirable, and in the public interest to reject said construction bids and direct staff to redesign the aforementioned project in accordance with the changes adopted in the current fiscal CIP budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the bids received and opened by the City on December 4, 2002 for the construction of Aviara Community Park, City Project No. 36991, are hereby rejected. 3. That the City Council does hereby direct staff to redesign, or cause to be designed by others, said project in accordance with the changes adopted in the Fiscal Year 2003 - 2004 CIP BCigcr as described therein. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Coiincil hdd on the 8th day of JULY , 2003 by the following vote, to wit: AYES: Council mers Lewis, Finnila, ATTEST Kulchin, Hall, Packard (SEAL) ALGA NORTE COMMUNITY PARK EXHIBIT 2 5- FINANCIAL CONSIDERATIONS: ESTIMATED COST OF CONSTRUCTION (2003): ' $1132983548 ESTIMATED ANNUAL OPERATING COST (2003): POTENTIAL ANNUAL COST RECOVERY (2003): 1 60% ___. 1 $ 131363913 EXHIBIT 3 6 AB #17,229 7-8-03 AGREEMENT FOR PROFESSIONAL SERVICES ALGA NORTE COMMUNITY PARK DESIGN DOCUMENTATION WIMMER, YAMADA, AND CAUGHEY THIS AGREEMENT is made and entered into as of the /D kc day of , 2003, by and between the CITY OF CARLSBAD, a municipal and WIMMER, YAMADA, AND CAUGHEY, a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of a landscape architecture and planning firm that is experienced in producing processing documents and design documents for the development of public parks and aquatics complex projects. B. Contractor has the necessary experience in providing professional services and advice related to conditional use permits and construction plans and specifications. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three years from the date first above written. The City Manager may amend the Agreement to extend it for two additional one year periods or parts thereof in an amount not to exceed Three hundred thousand dollars ($300,000) per Agreement period. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 1 City Attorney Approved Version #04.01.02 EXHIBIT 4 4. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be One million three hundred seventy-five thousand eight hundred and fifty dollars ($1,375,850). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Payments shall be made based upon earned value. Contractor shall submit periodic invoices detailing the percentage of work completed for that period. 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. City Attorney Approved Version #04.01.02 2 A 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VI'. 10.1 Coveraqes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 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 Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version #04.01.02 3 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $2,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 3 0.2. 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 General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providinq Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveraqe. 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 anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #04.01.02 4 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name: John Cahill Title: Municipal Projects Manager Department: Recreation Administration City of Carlsbad Address: 1200 Carlsbad Village Drive Carlsbad, California 92008 Phone No.: (760) 602-2726 Name: Patrick Caughey Title: President Address: 3067 5‘h Avenue San Diego, California 92103 Phone No.: (619) 232-4004 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, City Attorney Approved Version #04.01.02 5 agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor’s agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor‘s services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to,’ verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 6 City Attorney Approved Version #04.01.02 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 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 sea., 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 City Attorney Approved Version #04.01.02 7 /' ,*I acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together. with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 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. - (print namehitle) ATTEST: LORRAINE M. Wd6D '4 City Clerk (print namehitle) Y& @.e City Attorney Approved Version #04.01.02 8 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. **Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-president CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the off icer(s) signing to bind the corporation. APPROVED AS TO FORM: RONm BALL, City Attorney n 4eptpCity Attorney 7/9/03? City Attorney Approved Version #04.01.02 9 i3" EXHIBIT A June 27,2003 Mr. John Cahill Municipal Projects Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 PROJECT: Alga Norte Community Park RE: Final Design Scope of Services and Fee Schedule Dear John: Wimmer Yamada and Caughey is pleased to provide you with the following Scope of Services and Fee Schedule for the final design/bid documents for the complete development of Alga Norte Community Park. It is our understanding that, under this scope of work, we will provide full design services from schematic design through bid document preparation and bidding for the park as well as the City Council approved aquatics complex. As a part of this effort we will provide necessary documentation, exhibits, coordination, and processing for review and approval of a Conditional Use Permit through the City of Carlsbad Planning Commission. This scope of services provides for administration through the bidding of the project, but is exclusive of any time or fees for post-award construction administration. It is our intention that the consulting design team selected by the City to prepare the park master plan will continue to provide services through documents. Our team is therefore comprised of the following members: 1. Wimmer Yamada and Caughey (WYAC) will be responsible, as the prime consultant, for overseeing construction document preparation and will provide all landscape architectural design including hardscape, irrigation, planting, special recreation component, and multi-purpose sports facilities design. 2. R.E. Berg Engineering will be the civil engineer of record and will be responsible for grading and drainage design, utilities layout design and coordination, horizontal and vertical control for all proposed park improvements, necessary documents to address agency required stormwater control measures, and Storm Water Pollution Prevention Plan (SWPPP) preparation. Alga Norte Community Park - Final Design June 27, 2003 Page 1 of 12 3. 4. 5. 6. 7. 8. 9. Tucker Sadler Noble Castro Architects will be responsible for building improvements that will include the aquatics center, two small restroom buildings, one restroomkoncession building to serve the baseball core, and one facility maintenance building. Architect will coordinate processing of building documents through appropriate Building Department and County Health Department reviews. Aquatic Design Group will be responsible for final design of the aquatics complex including swimming pools, infrastructure, hydraulics, utilities, bleachers, scoreboards, scoring equipment and similar operational items. California Skateparks will complete the design documentation for the skateboard park with a fixed or modular system of components to be determined within City planning and legal guidelines. Ninyo & Moore Geotechnical Engineers will be responsible for soils testing for foundations, roadway and walk sections, coordination with civil and structural engineering consultants for retaining structures for proposed park improvements, as well as the final layout of the aquatics complex. LSW Electrical Engineers will be responsible for electrical and mechanical system design for lighting, power, and plumbing systems contained within park and building development. They will also be responsible for procurement and coordination of power, gas, and sewer connections sized to sustain development within this scope. Campbell Anderson Cost Estimating will be responsible for development of engineering cost analysis through design development and final bid documents. Additionally, Campbell Anderson will provide QNQC peer review of the construction documentation during preparation. Hansen Associates will be responsible for signage and internal park wayfinding. They will provide entry signage design in conformance with City of Carlsbad requirements. IO. Linscott Law & Greenspan Traffic Engineering will provide traffic engineering review and coordination with the original estimates for trip generation expected by the build out of the park. Additionally they will review internal parking, circulation and accesdegress design. 11. Simon Wong Structural Engineering will provide structural engineering design for retaining walls and structures in coordination with civil and geotechnical engineering sub-consultants. 12. Dart Word Processing and Specification Writer/Coordinator will oversee and coordinate the compilation of camera-ready, 8.5”xI 1” specifications for construction in either 16 Division CSI or Green Book format to be determined. 13. Paul Hobson, Artist will continue to provide artistic consulting to our team as our project artist. Paul will be under separate contract with the City of Carlsbad for public art design and installation services. We have not included specific scope or fees from Mr. Hobson, but have included necessary time for WYAC to coordinate with him during the final design phase. Alga Norte Community Park - Final Design June 27, 2003 Page 2 of 12 The final design for Alga Norte Community Park will meet criteria established by the approved park master plan completed in 2002 and approved by City Council in January 2003 as well as the aquatics complex program approved by City Council in April of 2003. Facilities components of final design will be in conformance with Federal, State, and City of Carlsbad requirements and engineering standards for park construction. 1. Scope of Services Aquatics Complex Study Completion of aquatics complex programming options including additional design studies, alternatives, council workshop and final City Council directed a I te rnative . Schematic Desiqn Phase Based upon the approved master plan, the consulting design team will begin to develop schematic design that reflects proposed components and facilities contained within the approved master plan and aquatics complex program. A. Specific elements contained within schematic design will include: 7. Brush management delineation and limits for park improvements and transition buffers. 2. Complete site survey and topographic data prepared in coordination with adjacent La Costa Greens survey and topographic data. 3. Base plan formulation will be completed during the schematic design to provide accurate survey, infrastructure, and related utility impacts including easements documents as required, right-of-way limits, and related impacts which will influence the final design layout pf proposed park elements. 4. Specific building placement for one concession/restroom building (approximately 40’x40 footprint), one maintenance building (approximately 30’x40’ footprint), and two restroom buildings (approximately 30’x30’ footprint) as well as the initial design of the aquatics complex and requisite mechanical spaces for pool support. 5. Specific hardcourt location, layout and dimensioning for four half- basketball courts. 6. Specific location, layout and dimensioning for three ball fields including sup port com ponen ts. 7. Specific design and layout of Skateboard Park, utilizing a combination of modular and permanent components. . Alga Norte Community Park - Final Design June 27, 2003 Page 3 of 12 p 8. Specific layout for a dog park, including leashed and non-leash areas, internal circulation, water and electrical coordination, and agility components for dog training. 9. Specific location for multiple picnic structures, picnic tables, benches, related support components, and water and electrical coordination. external and internal locations adjacent to parking, sport facilities, picnic, building perimeters within overall park limits to provide for appropriate site circulation of pedestrians and vehicles. 1 1. Parking layout with specific quantities sufficient to handle daily use of the park facilities including the required number of accessible stalls, provision for trash collection and containment, and related park access. Parking layout will also provide provision for bus loading/unloading, fire access, and maintenance access. 12. Planting design for park perimeter, internal areas, building and facility perimeters, parking, and street frontage. 13. Hardscape design for walks, parking, building perimeters and necessary support facility development. 14. Locations and graphic design for park entry signage, project signage and wayfinding program. 15. Lighting study for all sports use and'related building and parking lot require men ts . 16. Geotechnical engineering including test borings for structural and agricultural suitability will be completed at the schematic phase. Testing/boring for construction is excluded from this Scope. 10. Specific layout for hard and soft material paving surfaces at B. Support exhibits for ,schematic design: 1. We will prepare character image and material selection boards for described elements within the schematic design phase. 2. We will prepare a scaled graphic plan and elevations for park layout and buildings. 3. Proposed floor plans and elevations for buildings. 4. Sports field, parking, security, and pedestrian lighting study. 5. Support documents for lighting study, soil boring reports, and related field test results will be provided. C. Preliminary assumption of probable construction costs: 1. A preliminary assumption of probable construction costs at the schematic level will be prepared for City review. D. Outline specifications: 1. Outline specifications will be prepared for elements described in the schematic design. Specifications will be prepared in a combination format utilizing Instructions and Special Provisions in Greenbook format followed by requisite CSI format divisions. Alga Norte Community Park - Final Design June 27, 2003 Page 4 of 12 E. Meetings through schematic design phase: 1. A “Client Committee” shall be assembled by the City of Carlsbad composed of selected personnel of their choice. 2. WYAC shall attend meetings with the Client Committee to review conceptual plans, and will have appropriate sub-consultants present as necessary. 3. Client Committee meetings will be conducted on a twice per month basis when requested by the City, through the schematic design phase. 4. We are including allowances for selected sub-consultants to be at specific meetings related to their individual role or expertise. We will publish in advance the specific parties both from our consulting design team and that of City staff who need to be present. 5. Other meetings with the City of Carlsbad Municipal Projects Manager and City staff shall be conducted as necessary during the schematic design phase. Design Development / Contract Bid Document Preparation Phase Upon completion and approval of the schematic design we will coordinate with the City to continue into final documents for the park and aquatics complex. Design development will follow the schematic design phase and will transition into final preparation of construction documents, specifications, and the preparation of the bid package. The bid package will be the contractual document used for competitive bidding by the City. We are dividing the final document preparation into three sub-phases of work. The phases are as follows: 1. In Sub-phase One we will complete the design development plans, which will represent a 50% completion of final documents. 2. In Sub-phase Two we will complete 100% of final documents. 3. In Sub-phase Three we will complete final bid packaging of “approved for construction” final documents including plans, specifications, and final conditions outlying the bid requirements. The following is a detailed summary of what will be included in each of the three sub-phases for final design. Sub-phase One - 50% design development plans: Plans will include specific components as listed below. Coordination with consulting design team members, City staff, and relevant outside agencies is included for tasks as necessary. Alga Norte Community Park - Final Design June 27, 2003 Page 5 of 12 1. 2. 3. 4. 5. 6. 7. 8. 9. Park perimeter fencing, transition buffers, and accesslegress delineation, and construction materials schedule, and construction detailing. Floor plans, building elevations, building material schedules, fixture schedules, and requirements for infrastructure and utility coordination. Hardcourt layout, dimensioning, and construction details for four half- court basketball courts. Specific location, layout, and dimensioning for three ball fields with support components including field layout, perimeter fencing, scoreboard, scorekeeper's platform, batting and pitching cages, player dugouts and backstops. Specific location and proposed structure selection for picnic structures, picnic tables, and related support components. Specific layout, dimensioning and detailing for vehicular and pedestrian circulation systems including walks and paths. Specific dimensioning and materials delineation of the dog park. Final design will include areas for both leashed and non-leashed use including fencing and accessibility control. Internal circulation will include pathways and specific detail of dog agility components. Specific dimensioning and delineation for the Skateboard Park including component construction details, layout dimensions, and material selections and grading and drainage design. This will include structural design, and final component manufacturing. Parking layout with requisite number of parking stalls including required number of accessible stalls, trash collection and containment, and related park access/egress. IO. Planting design for park perimeter, internal areas, building and facility 11. Irrigation design for planting areas including points of connection perimeters, parking and street frontage. (water and electrical), automatic controller features, mainline pipe layout, and component use' selection. 12. Hardscape design for walks, parking, building perimeters and necessary support facility development. 13. Locations and graphic design for park entry signage, project signage, as well as internal wayfinding signage including parking, pathway, building, and art related descriptions. 14. Electrical lighting plan for parking lot, hard court areas, pathway, ball field and support facility areas. Lighting will include the following specific areas: a. Three ball field outfield and infield sports lighting b. Ball field spine - general security lighting c. Maintenance building - general security lighting d. Parking lot and entry - general security lighting e. Entry signage, flagpole, wayfinding and general security lighting f. Multi-purpose sport court lighting Alga Norte Community Park - Final Design June 27, 2003 Page 6 of 12 g. Restroom and concession stand perimeter - general security lighting h. Skateboard park - general security lighting i. Dog leash park - general security lighting j. Picnic structure and children's play area - general security lighting k. Internal and perimeter pathway - general security lighting 15. Building plans for the aquatics complex, concession, restroom, and a. Aquatics building and mechanical support building b. Restroom building #I c. Restroom building #2 d. Restroom/concession building at ballfields e. Maintenance building f. A commercial kitchen consultant retained by the architect will also specify appliances and other fixtures, furniture and equipment (FF&E) requested by the City for concession operations. g. Material schedules for building components including fixture selections, manufacturer's cut sheets, color boards, and City options will be submitted at the 50% review. maintenance buildings as follows: 16. Specifications at the 50% level will be provided which will include provisions for elements included within progress documents. 17.A 50% level assumption of probable construction costs will be provided which will include delineation of unit cost pricing for elements included within the progress documents. will complete a third party plan check review of all contained documents and specifications through the 50% phase. delineation of unit cost pricing for elements contained within provided progress documents. 20. We will conduct a progress review meeting with City staff including all required consulting design team members to review the 50% progress set of plans and specifications. departments and any agencies that will require review. engineering department staff upon receipt of comments. applications and submission documents and exhibits for a Conditional Use Permit, meeting the City of Carlsbad requirements. This process will require completion prior to moving to Sub-phase Two. 24. Coordination with City selected artist, Paul Hobson. 25.Architect to provide City complete FF&E component list and 18. Prior to the 50% level assumption of probable construction costs we 19. Cost analysis will be provided at the 50% level, which will include 21. We will submit completed 50% progress documents to required City 22. We will conduct subsequent reviews with individual City building and 23.At the completion of this sub-phase we will prepare necessary assumption of probable FF&E costs. Alga Norte Community Park - Final Design June 27,2003 Page 7 of 12 Sub-phase Two - 100% Construction Documents: Based on the 50% progress review comments we will proceed with the next sub-phase. The second sub-phase plans and specifications will constitute a 100% completion of proposed design elements contained within the aquatics complex and overall park design. The following describes specific tasks to be completed as a part of the Sub-phase Two 100% contract documents preparation: 1. Final drainage and grading plans. 2. Final hydrology study and report as required. 3. Final public notification for City required compliance. 4. Storm water pollution prevention plan (SWPPP). 5. Final horizontal and vertical control plans. 6. Final waterhewer improvement plans. 7. Parking design plans including sections/ details. 8. Trash enclosures including sections/ details. 9. Hardscape plans for pedestrian paving including sections/details. IO. Lighting plans for described areas including electrical schedules and details. 1 1, Site furnishings including manufacturer’s specifications, details and layout schematics. 12. Irrigation system design including final distribution, points of connection (water and electrical), and automatic controller features, construction details, legend, and specifications. specifications for plant materials. Preparation of materials list for plant material contract grow if required. electrical and fixture schedules, construction details, materials schedules, and specifications. A final summary of materials schedules including final fixture selections will be submitted at the 100% level for City staff review and final approval. documents including plans and specifications prior to preparing the final assumption of probable construction costs. 13. Planting design including final planting design, legend, details, and 14. Architectural design for buildings as defined, structural, mechanical, 15. We will conduct a second third party review of completed 100% 16. All documents will conform to City of Carlsbad requirements. 17.A pre-final assumption of probable construction costs will be prepared and submitted at the 100% level. Costs will be provided based on CSI 16 Division specifications as well as a unit component cost format with categories for each specific component of the park design described. required consultant team members to review the 100% progress set of 18. We will conduct a 100% progress review with city staff including all Alga Norte Community Park - Final Design June 27, 2003 Page 8 of 12 1. 2. 3. 4. 5. 6. 7. 8. plans and specifications. A final written basis of design will also be prepared and provided for client review and comment. departments and outside agencies, which require review and solicitation of comments. engineering department staff upon review of submitted plans at 100%. 19. We will submit completed 100% documents to required City 20. We will conduct subsequent reviews with individual City building and Sub-phase Three - Final Bid Documents At the completion of 100% review and final plan revisions we will prepare a final assumption of probable construction costs based on approved plans from the City. The cost analysis will be provided as an engineering estimate for the construction of components of the aquatics center and park. Bid documents will be prepared inclusive of final construction plans, specifications, general conditions, and City required bid templates. Plans will be provided in Mylar format and electronic format with final bid set printing provided by the City. Bid set printing is not included in our scope at this time. City will provide WYAC with City standard bid documents and instructions to bidders for inclusion in bid package. Specification writer will ensure coordination between CSI and Green Book to avoid duplication or conflicting information. We will assist the City in conducting a pre-bid conference with interested contractors, and will conduct a field visit with members of our consulting design team present for questions and clarifications. During the bid phase we will continue to make ourselves and members of our consulting design team available for questions and clarifications. We will prepare necessary addenda and correspondence to be issued during the bid phase. We will assist the City in review of the submitted bids, including review of unit cost submissions and verifications of proper bid conformance. 1. 2. 3. 4. This concludes the Scope of Services provided for the approved park master plan and aquatic complex program. Assumptions and exclusions to this scope. Plans and specifications will be in conformance with City of Carlsbad planning, building and engineering design requirements. Specifications will be completed in 16 Division CSI format andlor Green Book format as required. Electronic CAD documents will be completed using AutoCAD Release 2000. City of Carlsbad will be provided with electronic records of plans, specifications and general correspondence as completed during final design. Alga Node Community Park - Final Design June 27.2003 Page 9 of 12 5. We have not provided any specific scope of services to cover any environmental or agency coordination involving existing environmental or habitat reports regarding this project. 6. We are assuming a project design schedule of approximately twelve to fourteen (12-14) months to complete all aspects of this scope as described, pending no unforeseen challenges arise that might disturb or alter such schedule. 7. Final bid set printing will be handled directly by the City and is not included in this proposal. 8. We will continue to use the www.a/ganorfepark.com web site for both public updates on design progress for the park as well as internal project management. 9. The reimbursable allowance is inclusive of reproduction, CAD plotting, photography, within county travel, delivery, courier, and postage. Alga Norte Community Park - Final Design June 27,2003 Page 10 of 12 II. Fee Schedule Fees for the work as described under Scope of Services will be charged as a lump sum fee based on the following: I. Completion of aquatics center study & final alternative $45,850 2. Schematic Phase $225,000 3. Design Development / Construction Documents Sub-phase One - 50% $290,000 Sub-phase Two - 100% $ 610,000 Sub-phase Three - Bid documents $ 150,000 4. Bid Phase $ 55,000 Total fees $ 1,375,850 We will bill based on a percentage of completion of work on a monthly basis for each phase of work as described. Reimbursable expenses are included in design fees as described. We will provide documentation for reimbursable expenses with a 15% markup for adm i nistrat ion. Hourly Rate schedule for additional services not described within Scope of Services: Principal (multi-discipline) $ 175.00 Hr. Project Manager (multi-discipline) $ 135.00 Hr. Project Architect $125.00 Hr. Project Engineer $ 125.00 Hr. Landscape Architect $ 95.00 Hr. CAD Production $ 75.00 Hr. Field Technician $65.00 Hr. Clerical $45.00 Hr. We remain available to meet with you to further review this scope and associated fee schedule for final design of Alga Node Community Park. We have enjoyed our working relationship with the City of Carlsbad, and in particular the Parks and e look forward to continuing this great partnership for Alga Norte Community Park - Final Design June 27,2003 Page 11 of 12 cc: Stephanie Hatton, WYAC Jennifer Caughey - WYAC File 03-002,Complele Devt Scope, 6-27-03.1el. JC. pwc Alga Norte Community Park - Final Design June 27,2003 Page 12 of 12 c . ,'