Loading...
HomeMy WebLinkAbout2012-04-24; City Council; 20883; Approve Service Agreement with Wimmer Yamada Caughey for Design Compliance and Oversight on Alga Norte Community Park Phase 1 Project No 3837ACITY OF CARLSBAD - AGENDA BILL 14 ESP" AB# MTG. 20,883 4/24/12 DEPT. PEM APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WIMMER, YAMADA AND CAUGHEY FOR DESIGN COMPLIANCE OVERSIGHT ON ALGA NORTE COMMUNITY PARK PHASE I. PROJECT NO. 3837A DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER — RECOMMENDED ACTION: Adopt Resolution No. 2012-096 approving Professional Services Agreement with Wimmer, Yamada and Caughey for Design Compliance Oversight on Alga Norte Community Park Phase I, Project No. 3837A. ITEM EXPLANATION: On February 14, 2012, Council authorized design builder Request for Proposals for Alga Norte Community Park Phase I, Project No. 3837A. The award of the design build contract is scheduled for Council approval at their meeting on April 24, 2012. In anticipation of the construction of the park project, staff negotiated an agreement with the firm of Wimmer, Yamada and Caughey (WYAC) to provide design compliance oversight services to assist staff with the technical review of various design elements ofthe design build contract. Staff solicited for design compliance oversight services with the firm of WYAC on a sole source basis without benefit of a formal bidding process. The firm of WYAC, and their associated sub- consultants (Aquatic Design Group, Action Sports, O'Day Engineering, Berg Engineering and Hanna Gabriel Wells Architects) were instrumental in the preparation of the design plans and specifications for the various elements of the Alga Norte Community Park project. These documents make up the current performance specifications for the design build contract. As such, WYAC, and their sub-consultants, have a unique understanding of the design intent for the project that would be impractical for any other firm to gain within the time frame for the construction of the project. Section 3.28.110 Subsection A. 14. of the Carisbad Municipal Code states that certain procurements, contracts or transactions are exempted from the provisions of the Purchasing Ordinance, as determined by the awarding authority, including situations where solicitations of bids or proposals for professional services would be impractical or not in the best interests of the City. DEPARTMENT CONTACT: Patrick McGarry 760-434-2949 patrick.mcgarrv@carisbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 The services required of this agreement include the review of design changes, shop drawing and requests for information generated by the design builder for compliance with the City's design intent ofthe performance specifications. Given the complex and unique design elements of the project, especially that of the pool complex, it would be impractical and not in the best interests of the City to attempt solicitation of proposals from design firms not intimately familiar with the initial park project design. Staff recommends that Council, as awarding authority for this agreement, exempt the requested services from the competitive solicitation provisions of the Purchasing Ordinance for the reasons stated above and approve the Professional Services Agreement with WYAC (Attached as Exhibit 3) in the amount of $265,000. ENVIRONMENTAL IMPACT: On March 1, 2006, the Planning Commission adopted Resolution No. 6039 adopting a Negative Declaration (ND) and approved Resolution No. 6040 for Conditional Use Permit No. CUP 04-08 for the ANCP Project. Furthermore, pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning ofthe California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. FISCAL IMPACT: Council has previously appropriated General Capital Construction funds and Public Facilities Fee funds for the ANCP Project. There are sufficient remaining appropriations to complete the ANCP Project at this time. No further appropriation is necessary. Construction costs for the ANCP Project are estimated in Table 1 below. TABLE 1 • ALGA NORTE COMMUNITY PARK PROJECT NOS. 3837 AND 3925 ESTIMATED PROJECT CONSTRUCTION COSTS - PHASE I DESCRIPTION ESTIMATED COSTS Construction Cost $26,800,000 Construction Management and Inspection Cost $1,484,000 Staff Cost $300,000 Furniture, Fixtures and Equipment Cost $500,000 TOTAL $29,084,000 Page 3 The current status of the previously adopted ANCP Project - Phase I appropriations is shown in Table 2 below. TABLE 2 - ALGA NORTE COMMUNITY PARK PHASE I - PROJECT NO. 3837 & 3925 STATUS OF ADOPTED APPROPRIATIONS TASK DESCRIPTION APPROPRIATED EXPENDITURES/ ENCUMBRANCES TO DATE REMAINING Design $4,711,380 $2,027,416 $2,683,964 Construction, Inspection, Materials Testing $35,203,620 $2,083,104 $33,120,516 Environmental Mitigation & Monitoring $22,500 $14,929 $7,571 Studies and Reports $62,500 $58,132 $4,368 TOTAL $40,000,000 $4,183,581 $35,816,419 EXHIBITS: 1. Location Map 2. Resolution No. 2012-096 approving Professional Services Agreement with Wimmer, Yamada and Caughey for Design Compliance Oversight on Alga Norte Community Park Phase I, Project No. 3837A. 3. Professional Services Agreement with Wimmer, Yamada and Caughey LOCATION MAP NOT TO SCALE PROJECT NAME ALGA NORTE COMMUNITY PARK PROJECT NUMBER 3837 EXHIBIT ORAm 8Y: SCOTT muS, CARLSBAD ENOfimm DEPT. 9/7/06 H; mmwmT PR0GRAa\m7 AICA NORJE PARK\PiAiiS Sc EmBirS\m7.m 1 RESOLUTION NO. 2012-096 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PROFESSIONAL SERVICES AGREEMENT WITH WIMMER, YAMADA AND 4 CAUGHEY FOR DESIGN COMPLIANCE OVERSIGHT ON ALGA NORTE COMMUNITY PARK PHASE I, PROJECT 5 NO. 3837A 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on February 14, 2012, the City Council of the City of Carisbad, California, authorized Design Builder Request for Proposals for the design and construction of Alga Norte Community Park Phase I, Project No. 3837A, ("Park Project"); and, WHEREAS, the City Council is scheduled to award the design build contract for the Park Project at their meeting on April 24, 2012; and, WHEREAS, the City requires the services of a design consulting firm to provide design compliance oversight on the Park Project; and, WHEREAS, such services can be uniquely provided by the firm of Wimmer, Yamada and Caughey (WYAC), and their associated sub-consultants, having previously prepared the plans and specifications for the Park Project, which plans and specifications form the basis of the current performance specifications to be used by the design builder for the Park Project; and, WHEREAS, it would take a substantial amount of time and cost for any design firm, other than WYAC, to obtain the level of understanding of the project plans and specifications necessary to perform the design compliance oversight services required by the City; and, WHEREAS, WYAC currently has the level of understanding necessary to perform the design compliance oversight services required by the City having prepared the project master plan, detailed project plans and specification and project design narrative under a contract with the City extending over a period of 9 years at a total cost of $2,230,845; and. 1 WHEREAS, it would be impractical and not in the best interests of the City to 2 attempt to seek out other design firms to provide the design compliance oversight for a 3 set of plans and specification on a project, that the firm of WYAC, and their associated 4 sub-consultant partners, have such a unique and intimate understanding of; and, 5 WHEREAS, Section 3.28.110 A. 14. Of the Carisbad Municipal Code (CMC) 6 states that certain procurements, contracts or transactions are exempted from the 7 provisions of the Purchasing Ordinance, as determined by the awarding authority, 8 including situations where solicitations of bids or proposals for professional services 9 would be impractical or not in the best interests of the City; and, 10 WHEREAS, a Professional Services contract with WYAC has been prepared in 11 the amount of $265,000 12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 13 Carisbad, California, as follows that: 14 1. The above recitations are true and correct. 15 2. The design compliance oversight services for the Park Project are 16 exempted from the requirement to follow competitive bidding requirements 17 as provided in the Purchasing Ordinance for the reasons stated in the 18 recitals 1^ 3. The Professional Services Agreement for Design Compliance Oversight 2^ with WYAC for the Park Project is hereby approved The Mayor of the City of Carisbad is hereby authorized and directed to execute Professional Services Agreement with WYAC, in the amount of $265,000, for and on behalf of the City of Carisbad. 24 25 26 27 28 21 22 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 ofthe City Council ofthe City of Carisbad on the 24*^ day of April, 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn and Packard. None. ABSENT: Council Member Douglas. LORRAINE M. WOOD, City Clerk (SEAL) .\\»>>ii//, 7 PEM872 AGREEMENT FOR DESIGN COMPLIANCE OVERSIGHT SERVICES (WIMMER, YAMADA & CAUGHEY) THIS AGREEMENT is made and entered into as of the cOS'*^ day of (^4jlJLj J2 , 2012, by and between the CITY OF CARLSBAD, a municipal corporation fCity'')7 and WIMMER, YAMADA & CAUGHEY, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consulting design firm with the resources to provide design compliance oversight over a multitude of professional disciplines to ensure design intent and performance specification compliance relating to the City managed design build contract for the construction of Alga Norte Community Park Phase I project ("Park Project") that includes an aquatic center, skateboard park, dog park, children's playground, lighted ball fields, picnic areas, parking lot and other park design features. B. Contractor and contractor's subcontractors have unique knowledge of the design intent for the Park Project having prepared the detailed plans and specifications for the Park Project and having prepared the design narrative that together form the basis of the performance specifications to be used by the design builder in the construction of the Park Project. C. Contractor has the necessary knowiedge and experience in providing professional services and advice related to ensuring design intent and design compliance oversight on design build contracts. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of twenty (20) months from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional year period or parts thereof in an amount not to exceed one hundred thousand dollars ($100,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance. City needs, and appropriation of funds by the City Council. The parties wili prepare a written amendment indicating the effective date and length of the extended City Attorney Approved Version 2/17/12 Agreement. Payments will be made on a time and materiai basis, not to exceed the estimated fee for each of the consultant team member's tasks as identified in the attached "Exhibit A." 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be two hundred sixty five thousand dollars ($265,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election. City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence. City Attorney Approved Version 2/17/12 recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or eariy termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations underthis Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv (if the use of an automobile is involved for Contractor's work for City). $1,000,000 comlDined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. I I If box is checked. Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: City Attorney Approved Version 2/17/12 (6 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. Citv reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carisbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be cleariy identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services wiil be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. City Attorney Approved Version 2/17/12 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv For Contractor Name David Hauser Name Patrick Caughey Title Director Title Principal Property and Environmental Department Management Address 3067 Fifth Ave City of Carisbad San Diego, CA 92103 Address 1635 Faraday PhoneNo. 619-232-4004 Carisbad, CA 92008 Email pcaughey@wyac.com Phone No. 760-602-2739 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements ofthe Immigration Reform and Control Act of 1986 and will compiy 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 othen/vise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be fon/varded 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 fon/varded City Attorney Approved Version 2/17/12 to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty. City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount ofthe fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seg.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. City Attorney Approved Version 2/17/12 |3 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// City Attorney Approved Version 2/17/12 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR WIMMER, YAMADA & CAUGHEY, a Califo/nTCkcori^oration CITY OF CARLSBAD, a municipal corporation of the State of California By: Mavor Patrick W. Caughey, President (print name/title) (sign here) (/ (/ ^ ATTEST: RRAINE M. WOOD Jennifer M. Caughey, Corp Secretary CityClerk (print name/title) PIEASE SEE ATTACHED ^ NOrmRIZED FORM If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Assistant City Attorney Approved Version 2/17/12 / ("7 California All-Purpose Acknowledgment State of Califomia County of San Diego On Apoufc^,20 rz^ before me, Elyce Marie Martinez, Notary Public, personally appeared pa^^xcuj^ Cao&uee^ c^^g -ie^r.i^>r^' cco^v^€Y Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ^^isf^e subscribed to the within instrument and acknowledged to me that WsliL/fehey executed the same in hift%er/their authorized capacity (ies) and that by hisyliei/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State ofCalifornia that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature ofNotary Public MMN OFFICIAL SEAL COMM. NO. 1815789 SAN DIEGO COUNTY MY COMM. ExK OCL 3.2012 OPTIONAL Description of Attached Document Title or Type of Document A<^r>e'e»^^.^^ -fcv-d^s\gi*o ^ 6Kv>p\\g« »-^c^ fivers » u-h ^•'viD^ Document Date: Number of Pages (including this one) Additional Information Capacity(ies) Claimed by Signer • Individual • Corporate Officer- Title(s) • Partner: Limited General • Attomey-in-Fact • Trustee • Guardian or Conservator • Other Signer is Representing: Right Thumbprint of Signer 1 Right Thumbprint of Signer 2 X'Mrsck W, (isitiglu'v RLA, s-ASI,A Joseph Y.¥;^m:j<la MA.. I-A^IA April 11,2012 Patricl< McGarry Property & Environmental Management City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Project: Alga Norte Community Park - Phase 1 Re: Construction administration oversight- scope of services and associated fees Dear Patrick, Wimmer Yamada and Caugiiey (WYAC) is pleased to provide you witii tiie following scope of services and associated fees for construction administration oversigiit of tiie Alga Norte Community Park in Carlsbad. Tiie following represents our proposed scope of services: A. Basic Assumptions included within this scope of services; • Wimmer Yamada and Caugiiey (WYAC) and selected members of our original consultant team will provide design oversigiit to tiie construction of tiie Alga Norte Community Park. Design oversigiit includes design review, material submittal review and maintaining tiie design integrity of tiie original design in conformance of tiie City ofCarlsbad approved master plan for tiie park project. • WYAC assumes tiiat a separate contract will be issued for project construction management (CM) for tiie project. • We will invoice for services on an liourly not to exceed basis witii back-up for eacli task completed. Hourly services completed by selected consultants required wiil include a 10% mark-up for administration (inclusive of fees as provided). • WYAC will iiave an assigned project manager at weekly construction meetings for tiie duration of tiie project. Additional consultants will be available to attend tlie weekly meetings on an as needed basis pertaining to specific design component issues. • We iiave developed tiiis scope based on a construction sciiedule of 20 montiis based on a start of construction date in mid 2012 and ending in early fall 2013. 17 B. The following allowance items are included as part ofthe review and scope services. • Solar Thermal System for pool hot water system. • Design and construction changes due to 2010 Standards for Accessible Design compliance. • Design and construction changes due to ball field elevation transition to basketball court elevation. • Design and construction change due to basketball court (1 full court plus 2 half courts, revised basketball standards). • Design and construction of video surveillance system. • Design and construction of electronic security hardware/access control system. • Design and construction of public address system for the aquatics complex. • Design and construction of portable concession stand in outdoor yard of Building 3. • Alicante Road resurfacing and dg path along Alicante Road. • Application of silicon sealer on the concrete surface for the pool and pool deck. • Design and construction of additional LED tree up-lighting in aquatic complex and playground. • Design and construction of synthetic turf for two south ball fields in lieu of natural turf The following allowance items (that may require our oversight) are added as a result of the final design build team selection process: • Playground upgrades • Aquatics Wet play area upgrades • Building wood frame to metal frame system • Irrigation system upgrades C. Detailed Scope of Services 1. Prior to beginning construction WYAC will assist tiie city staff and CM in conducting a pre- construction meeting witii representatives from eacii discipline of our consultant team. 2. Tilis meeting will include tiie review of tiie proposed project sciiedule, metiiods for project correspondence, submittal and siiop drawing requirements and general communication protocol. 3. WYAC and selected consultant team members will provide design oversigiit on required material submittal packages, siiop drawings and design details, contractor request for information (RFI) and related correspondence as managed by tiie CM. 4. WYAC will coordinate witfi tiie CM on sciiedule review and coordination to manage a timely and responsive review process. 5. During tiie construction piiase an assigned project manager from WYAC and Aquatic Design Group will attend weekly project meetings in conjunction witii tlie CM to discuss project progress, issues and schedule milestones. Additional WYAC consultant team members will be invited to attend weekly meetings based on CM invitation and relevant design component discussion. 6. Based on a twenty (20) montii project construction schedule we have assumed attendance to eighty-eight (88) weekly meetings. Alga Norte Community Park Phase 1 - Const. Admin. Proposal April 10, 2012 Page 2 of 5 18 7. In addition WYAC and selected consultant team members will we will be available for on-site reviews as deemed necessary. Selected WYAC consultant team members have provided an allowance for number of site visits based on their discipline and relevance to necessary on-site coordination. 8. At substantial conclusion of construction we will organize and conduct a pre-maintenance walkthrough by WYAC and specific consultant team members to develop a punch list for corrective action by the design build team. WYAC and consultant team members will prepare specific punch lists for completion, correction or non-compliance for transfer to the CM for distribution to city staff review. Upon staff review, edits, deletions and additions the CM will issue lists to the design build team for distribution. The CM will notify WYAC and consultant team members of additional site visits required to observe and verify that punch lists have been completed. 9. At the conclusion of the landscape maintenance period WYAC will conduct a final walkthrough and prepare final punch lists for corrective action specific to irrigation, landscape and related site matters not included in the substantial completion review outlined in # 7. D. Selected WYAC Consultant Team Members to participate on as needed basis Aquatic Design Group (Pool Design) 1. Prior to construction, conduct one (1) pre-construction meeting to review the proposed project schedule and coordinate with other construction trades involved. 2. Responsible for reviewing and responding to submittals, and RFIs specific to all aquatic components including pool construction, mechanical, electrical, plumbing and related pool complex components. 3. During construction, we have included an allowance for Eighty-Eight (88) weekly jobsite meetings. Reports of such visits will be provided to the client and other team members of the design and construction team. 4. During construction, we have included an allowance for forty (40) construction site observations/meetings specific to pool area complex work to ensure that the progress of work is consistent with the proposed schedule and that the design intent is being followed. Reports ofsuch visits will be provided tothe client and other team members ofthe design and construction team. 5. One (1) project walk-through and creation of punch list at substantial completion. 6. One (1) project walk-through at final completion. Action Sport Development (Skate Park) 1. Prior to construction, conduct one (1) pre-construction meeting to review the proposed project schedule and coordinate with other construction trades involved. 2. Responsible for reviewing and responding to submittals, and RFIs specific to skate park and elements contained within park envelope. 3. During construction, we have included an allowance for Eighteen (18) construction site observations/meetings specific to skate park work to ensure that the progress of work is consistent with the proposed schedule and that the design intent is being followed. Reports of such visits will be provided to the client and other team members ofthe design and construction team. 4. One (1) project walk-through and creation of punch list at substantial completion. Alga Norte Community Park Phase 1 - Const. Admin. Proposal April 10, 2012 Page 3 of 5 5. One (1) project walk-through at final completion. Berg Associates (original civil engineer on record) 1. Provide stormwater management report based on previous regional water quality approval. 0-Dav Consultants (Civil Engineering) 1. Prior to construction, conduct one (1) pre-construction meeting to review the proposed project schedule and coordinate with other construction trades involved. 2. Provide oversight for SWPPP compliance as required. Architects Hanna Gabriel Wells (Architecture) 1. Prior to construction, conduct one (1) pre-construction meeting to review the proposed project schedule and coordinate with other construction trades involved. LSW Engineers (Building MEP) 1. Prior to construction, conduct one (1) pre-construction meeting to review the proposed project schedule and coordinate with other construction trades involved. E. Fee Schedule Fees for the work described above will be charged on an as needed basis using the provided hourly rates against an allowance of Two Hundred Sixty Five Thousand Dollars ($265,000). The following hourly rates by each consultant member will be used forthe design oversight responsibility. A10% mark-up will be added to actual hourlv expenses bv sub-consultants bv WYAC for monthlv administration (inclusive in fees as provided). Other reimbursable expenses for reproduction, delivery and related project expenses will be charged at cost in addition to the fees as defined. WYAC will provide a monthlv breakdown of completed tasks bv hour inciudina a description of work completed bv consultant team members. WYAC -Park Designer and Landscape Architect Estimated Fee: $160,000.00 Principal / Senior Project Director $205/hr Senior Associate Project Manager $155/hr Clerical $75/hr Aquatic Design Group-Aquatic Design Estimated Fee: $50,000.00 Principal $195/hr Project Manager $135/hr Clerical $ 50/hr Alga Norte Community Park Phase 1 - Const. Admin. Proposal April 10, 2012 Page 4 of 5 Action Sports - Skate Park Design Estimated Fee: $17,000.00 Principal Project Manager Administrative Assistant $175/hr $155/hr $65/hr 0-Dav Engineering/Berg -Civil Engineering Estimated Fee O'Day: $15,000.00 Estimated Fee Berg (SWPPP Report update): $3,000.00 Principal $195/hr Project Manager $ 164/hr Project Engineer $146/hr Design Engineer $129/hr Clerical $ 60/hr Architects Hanna Gabriel Wells - Architecture (includes sub-consultants to buildings as well) Estimated Fee: $20,000.00 Principal Architect $200/hr Project Architect $150/hr Project Manager $150/hr Clerical $ 65/hr LSW-Mechanical & Electrical Engineering Included in Architects Hanna Gabriel Wells Principal Senior Engineer Clerical/Word Processor $150/hr $120/hr $ 60/hr Please contact me directly at 619-232-4004 or pcaughev@wvac.com should you need clarification to the information provided. Sincerely, WIMMER YAMADA AND CAUGHEY Patrick W. Caughey, RLA, FASLA President cc: Brad Hilliker, Jennifer Caughey, WYAC File: 03-002.002, Alga Norte Phase 1, Const Admin Oversight Prop, 4-10-12, PM, pc Alga Norte Community Park Phase 1 - Const. Admin. Proposal April 10, 2012 Page 5 of 5 11