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
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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
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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
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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
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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.
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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
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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.
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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:
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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.
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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
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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.
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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.
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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
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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
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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.
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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
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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
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