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HomeMy WebLinkAbout2016-11-29; City Council; ; Adopt Resolution approving agreement with Schmidt Design Group Inc. for an amount not to exceed $181,781 for design of the City Hall exterior safety and accessibility improvements Project No. 4725CA Review (j) S~~f f R~port Meeting Date: To: From: Staff Contact: Subject: Nov. 29, 2016 Mayor and City Council / Kevin Crawford, City Managef Brandon Miles, Associate Engineer Brandon.Miles@carlsbadca.gov or 760-602-2745 Adopt a Resolution approving a Professional Services Agreement with Schmidt Design Group, Inc. for an amount not to exceed $181,781 for the design of the City Hall exterior safety and accessibility improvements, Project No. 4725. Recommended Action Adopt a Resolution approving a Professional Services Agreement with Schmidt Design Group, Inc. for the design of the City Hall exterior safety and accessibility improvements, Project No. 4725. Executive Summary This action authorizes the city to execute a Professional Services Agreement (Agreement) to design improvements that will enhance accessibility at the City Hall site. Discussion Built in 1968, the City of Carlsbad City Hall is located at 1200 Carlsbad Village Drive. The City Hall site houses the City Council, City Manager, City Attorney, Housing and Neighborhood Services, Communications, and City Clerk offices as well as the City Council Chamber. The general scope of services included in the Agreement is the preparation of construction plans to improve accessibility at the site as well as improving the drainage system at the site. On April 21, 2016, the Transportation Division requested Statements of Qualifications (SOQs) to design the City Hall site exterior improvements. On May 18, 2016, nine SOQs were received and a selection committee composed of city staff rated the submittals. The SOQs were evaluated on experience, performance of similar work, ability to provide services and the quality of the written response. Based on a review of the SOQs and the negotiation of an acceptable scope of work and fee, staff recommends awarding the Agreement for the preparation of construction plans, permits, applications, specifications, and estimates for bidding purposes to Schmidt Design Group, Inc. in an amount not to exceed $181,781. Fiscal Analysis The Agreement with Schmidt Design Group, Inc. is for an amount not to exceed $181,781. Project management by city staff is estimated to be $36,356. A total of $2,250,000 in General Capital Construction funds have been appropriated for this project and therefore sufficient funds exist as shown in Table 1. Table 1-CITY HALL SITE REFURBISHMENT PROJECT NO. 4725 CITY HALL SITE REFURBISHMENT PROJECT NO. 4725 ESTIMATED COSTS Design Engineering -Schmidt Design Group, Inc. $181,781 Project Management -City Staff {20%) $36,356 Estimated Design Cost . $218,137 Total Available Funds -General Capital Consttuction (Project No. 4725} $2,250,000 A_ddltional Appropriation .. $0 Next Steps ~tattwlll work with Schmidt Design Group, Inc. to provide improvement plans, specifications, and estimates to advertise for bids. Staff will return to City Co.uncil for approval of the plans and authorization to advertise for construction bids. Environmental Evaluation (CEQA) "The pro)ect ls exempt from environmental review per CEOA Guidelines Section 15301(d) - Existing Facilities -restoration or rehabilitation of existing facilities that are deteriorated or damaged and are required to meet current standards of public health and safety involving negligible or no expansion of use and Section 15302(c) concerning replacement or reconstruction of existing utility systems involving negligible or no expansion of capacity. Public Notification None required. Exhibits 1. Resolution approving a Professional Services Agreement with Schmidt Design Group, Inc. for the design of the City Hall exterior site improvements, Project No. ~725 2. Location Map RESOLUTION NO. 2016-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH SCHMIDT DESIGN GROUP, INC. FOR AN AMOUNT NOTTO EXCEED $181,781 FOR THE DESIGN OF THE CITY HALL EXTERIOR SAFETY AND ACCESSIBILITY IMPROVEMENTS, PROJECT NO. 4725. EXHIBIT 1 WHEREAS, the City Council ofthe City of Carlsbad, California has determined that it is necessary and in the public interest to improve the City Hall site; and WHEREAS, the Department of Public Works solicited Statements of Qualifications (SOQs) from consulting firms and received a total of nine SOQs for professional services for the design of the exterior site improvements to City Hall at 1200 Carlsbad Village Drive; and WHEREAS, subsequent to a review of the SOQs, staff selected Schmidt Design Group, Inc. as the most qualified consultant for the project; and WHEREAS, staff and Schmidt Design Group, Inc. have negotiated the scope of work and fee not to exceed $181,781 to provide professional design services; and WHEREAS, funding for said project has previously been appropriated from the General Capital Construction Fund in the amount of $2,250,000 for Project No. 4725; and WHERAS, the City Council of the City of Carlsbad, California, has determined it necessary and in the public interest to enter into a Professional Service Agreement with Schmidt Design Group, Inc. 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 Mayor is authorized and directed to execute the Professional Services Agreement with Schmidt Design Group, Inc., in an amount not to exceed $181,781 for the design of the City Hall exterior and accessibility improvements, Project No. 4725 which is attached hereto as Attachment A. EXHIBIT 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 29th day of November, 2016, by the following vote, to wit: AYES: Hall, Wood, Schumacher, Blackburn, Packard. NOES: None. ABSENT: None. (SEAL) TRAN1488 AGREEMENT FOR CITY HALL EXTERIOR SITE IMPROVEMENTS SERVICES SCHMIDT DESIGN GROUP, INC. ~HIS AGREEMENT is made and entered . into as of the (o'tt'l day of ~('pf'fV\Q:Ra , 2016, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and SCHMIDT DESIGN GROUP, INC., a California corporation, ("Contractor"). · RECITALS A. City requires the professional services of a consultant that is experienced in professional design services. B.. Contractor has the necessary experience in providing professional services and advice related to professional design services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", 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 two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. 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. 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 one hundred eighty one thousand seven hundred eighty one dollars ($181,781). 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". City Attorney Approved Version 4/1/15 TRAN1488 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. 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. 8. 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. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. 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 4/1/15 2 TRAN1488 recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. 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-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability 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. 11.1.2 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. 11.1.3 Workers' Compensation and Employer's Liability. 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. 11.1.4 Professional Liability. 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. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. City Attorney Approved Version 4/1/15 3 TRAN1488 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 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. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 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. · 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. 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. 13. 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. 14. 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. 15. 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. City Attorney Approved Version 4/1/15 4 TRAN1488 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. · For City Name Brandon Miles Title Associate Engineer Department Public Works City of Carlsbad Address 1635 Faraday Ave Carlsbad, CA 92008 Phone No. 760-602-27 45 For Contractor Name Jeffrey T. Barr Title Project Manager Address 1111 Sixth Avenue, Suite 500 San Diego, CA 92101 Phone No. 619.236.1462 Email jtbarr@schmidtdesign.com 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. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 18. 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 whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED . Contractor will comply with all applicable local, -state and federal laws and regulations prohibiting discrimination and harassment. 20. 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 City Attorney Approved Version 4/1/15 5 TRAN1488 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. 21. 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. 22. 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. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. City Attorney Approved Version 4/1/15 6 TRAN1488 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in. these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 4/1/15 7 TRAN1488 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR SCHMIDT DESIGN GROUP, INC., a California corporation Glen Schmidt I President Glen Schmidt I Secretary CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: ~£~~~6r§J, City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Ag.reement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:-~--~-- Deputy City Attorney City Attorney Approved Version 4/1/15 8 'i>.01,u1',lEOG•.·~111>.01:o;·,1(1Xi\•[rnACKII0\",1£0u.',,rnfAOJ,o.·.uDGt!U/T~C••.o·,•,uoc;i•rmll(,1,01',t{OGl.1[r11Ac,1;0,',L(OG'.1!CljlA(t-lJOl'.L[O<;'.IEllTA(,.tm1•.uoc;1.•(!0tAC•·r,1,1·:,110..:.•.~,,,1~(r!IU',',tlO(,•,\tlllA(U:O,',lfOG,•.•(IJ!AO./JOWUOCi'.'U/TA().llO'.',UOG'-'[I/T~(l!;Ol'.'LIIX,'.••111 ... c,1,u·,·1Lf.OG!,lf.llT/,(UIOl''LroG•,\£!/TAO:IIO\',UDCiMU/T ... (l.!K)l',l[OG\•E!IIA(MK)\'iL[OG!.llllf?' 5 ~ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT who proved to me on the basis of satisfactory evidence to be the personts,l whose name(~ is/a~ subscribed to the within instrument and acknowledged to me that he/~AAey executed the same in his/~t~r authorized capacity~ and that by his/f'tsi;Lt'h<sir signature~ on the instrument the personN , or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it co uld prevent fraudulent removal and reattachment of this acknowledgment to an unautho rized document and may pro ve useful to persons relying on the a ttached document. D escriptio n of Attached Docume nt The preceding Certifica te of Acknowledgment is attac hed to a docume ~for the purpose of r/er;' ~/~ I contain ing pages, and dated ~~~ -----------~ Th e signer(s) capacity or authority is/are as: D lndividual(s) D Attorney-in-Fact D Corporate Officer(s) ____________________ _ D Guardian/Conservator D Partner -Limited/General D Trustee(s) Title(s) D Other: ------------------------- Method of Signer Identification Proved to me on the basis of satisfactory evidence: Lo form(s) of identification O credible witness(es) Notari al event is detailed in notary journal on: Page # Entry # Notary contact: ___________ _ Other D Additional Signer(s) D Signer(s) Thumbprint(s) D I representing: ------,-,---c-,,-----,-,-,----c--,--c----c,---------~ g Name(s) of Person(s) or Entity(ies) Signer is Representing ~ ~ 8. .. 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Please contact your Authorized Reseller to purchase copies of this form. i-'OJ,Oi,UOG~•(UIA(f/,OiiLl:OC,'.'!/HACtlJ01\Lf[)(i1.\II/T,40.J,O',\l£0Gl.'U•IAOJ;Q',',U:OG•.<UIIA(IJ;O,',UOG\'£111...C•/,0,;1.£0Gf.lCIITl\(, ... o.';[[(X;l,'.f.!ll~(,l,{h',l!t){;!.'U.TA(tl,Q1·,uoG•,1rr,,~l!liu,',llO.,":Jff4(1"'J,',(lO(,'.'Will(•l;O',',Lf0ul.',[I/Tf,O':Ol~l[OGln1rr,1e,1jU',',lfC-Gl.',UMC~UO\',UOGl,!£1flA(1.110·,•,u()(;1.1[m,1CP;Q',\UOG~'"ll•\()JIO,'ll.[OC,'!,IITA(~!J0.',110Gl,'·I/I~ ~ I i ! ~ ! i ~ ! i !l i ' s I ~ ; 8 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT who proved to me on the basis of satisfactory evidence to be the personN whose name~ is/Me...5 ubscribed to the within instrument and acknowledged to me that he/~ executed the same in his/hei:,lthsir authorized capacity~, and that by his/f't&L~ signature(~ on the instrument the person(~, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. i Signa ' I ~ ~ ~ OPTIONAL INFORMATION i i ~ } Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. ! ' ~ ! t I ' ~ ~ g i i Ci s i I g " I ~ ' i Description of Attached Document Th e preceding Certificate of Acknowledgment is attached to a docu I ~orthepurposeof -¥-'1.-L--'-.L',1'-I--L".;f-~~eL,1_.__L-..-L''-!'IIUl!e"+-""-'--'.- q s s;;.c, eh. 'z The signer(s) capacity or authority is/are as: D lndividual(s) D Attorney-in-Fact D Corporate Officer(s) --------------------- D Guardian/Conservator D Partner -Limited/General D Trustee(s) Title(s) D Other: _______________________ _ ~ ; representing: ______________________ _ ~ Name(s) of Person(s) or Entity(ies) Signer is Representing } ~ ......... r.~ •••• Method of Signer Identification Proved to me on the basis of satisfactory evidence: Lo form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: ___________ _ Other D Additional Signer(s) D Signer(s) Thumbprint(s) D ' i m ~WJ,','}()l'V,1011,;JYHIH'l'}()}V,\Oi!DV!l/ll',')()111,IO/f4)YJ/jl,~'J[Jll/,lmfOVllllr•!Xll1',\01JO'f'JUn'1'}()11',\0!f!IJVWM!)(]lll,\0110VH/m'Xln.',10110YlJllo','){J]ll,\OlUJVU/ll~~Ol\/,IO!IDV!lill'l'JO)'\l,\Ol•OY!Jllo'1!XJ]lf,\Olf<JVi/13\'00111,\0lfOYlllll'1'Xlll/,',QIJAJY!IJll'i'Xll11,IOl•AJYUIJl',!l0l1•.,o1JOY!ll:il'l'}()l1'.I01'0Vlll,\'l!lOH\\O:l~JYJIH>';'XJlV,\Oll~)Yl.1/)l',!JO)ll,10ll"<)Y~ © Copyright 2007-2014 Notary Rotary. Inc. PO Box 41400. Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. SCHMIDT DESIGN GROUP, INC. ••• --;--- BALANCING ARTISTIC EXPRESSION IN DESIGN WITH ENVIRONMENTAL SENSITIVITY 1111 Sixth Avenue, Suite 500, San Diego, CA 92101 Lie. CA 2138, NV 219, AZ 34139 telephone {619} 236-1462 facsimile {619} 236-8792 www.schmidtdesign.com October 13, 2016 Exhibit "A" Mr. Brandon Miles, P.E., T.E. Associate Engineer Public Works -Transportation 1635 Faraday Avenue Carlsbad, CA 92008 Regarding: Landscape Architectural Services -Carlsbad City Hall Renovation Dear Brandon: Thank you for the opportunity to provide the following proposal/agreement for the City Hall renovation located in Carlsbad, CA. We have developed the following scope of work based on our meetings and your subsequent feedback. This effort will focus on ADA accessibility upgrades, site improvements to reduce City liability, focused structural testing of the existing arcade connecting the various City Hall buildings, and landscape and irrigation improvements. Optional tasks have also been provided for a boundary survey, additional evaluation of the existing arcade, and new shade structure, if required. Please refer to Exhibit A for the limits of the scope. SCOPE OF SERVICES A. Project Start Up 1. SITE VISIT: Visit the site with City staff to review existing conditions and identify project opportunities, issues, and concerns. 2. TOPOGRAPHIC SURVEY: a. Conduct field surveying services to set horizontal and vertical control for an aerial topographic survey of the entire project area and surrounding streets. b. Prepare an Aerial Topographic Survey, compiled at 20-scale with 1-foot contours. Prepare a final AutoCAD drawing of the Aerial Topographic Survey. c. Conduct field surveying services to collect above underground utility structure information; obtain existing surface elevations for proposed improvement areas and trees; invert elevations of storm drain and sewer utilities; and locate buildings and finish floor elevations within the area. •••• ~ e --- Carlsbad City Hall Renovation October 13, 2016 d. Prepare a composite 2012 AutoCAD Civil 3D Drawing depicting the Aerial Topographic Survey and specific ground survey data along with record utilities (based on utility drawings provided by the City) within the project area. 3. STRUCTURAL ASSESSMENT: The team's structural engineer will conduct a site visit to observe conditions_ofthe existing concrete arcade structure. They will prepare a report of observations and findings. The report will specifically discuss observed conditions as well as observable construction and potential performance issues in a seismic. event. This portion of scope does not include destructive testing, or analysis of existing structures; it will be based on construction type, connection type, condition, and historical performance of similar structures. Further analysis may be required depending on the detailed field observation (Please refer to Optional Tasks section). 4. ADA ASSESSMENT: The team's accessibility specialist will perform an accessibility survey of the facility, including the parking area and exterior path of travel used by the public. They will prepare a written report indicating conditions that do not comply with the 2010 ADA Standards and the 2016 CBC (which goes into effect January 1, 2016), as well as a Preliminary Scope of Work to remove each barrier. B. Preliminary Design 1. PRELIMINARY ENGINEERING: Provide preliminary civil design plans for the following items: a. ADA Upgrades: Review site survey and determine recommended site-wide ADA improvements to establish compliant paths of travel from accessible parking stalls, public right-of-way to all facilities, and path to the City Attorney's office. Renovate ADA parking stalls to be compliant. Recommend removal and replacement of all walkways in excess of 2% cross slope. b. Public Hazard Upgrades: Replacement of the existing stairs between the parking lot and City Attorney's office. Provide grading and drainage design to rehabilitate failing slope. c. Replacement of all site stairs and handrails between parking lots .. d. Review recommended areas of hardscape removal to determine stormwater treatment/management impacts. It is anticipated that more than 5,000 square feet of hardscape will be replaced which triggers a Priority Development Project threshold for water quality. 2 ··- .~ --- 2. Carlsbad City Hall Renovation October 13, 2016 PRELIMINARY ILLUSTRATIVE DESIGN: SDG will prepare a preliminary illustrative design plan which illustrates the paving to be modified, stair renovations, landscape areas impacted, and parking modifications. The plan will be in color and sufficiently labeled to communicate the design intent. 3. COST ESTJMATION: SDG will prepare a preliminary rough order of magnitude cost estimate based on the proposed improvements. 4. CITY MEETING: The team will meet with the City to present the preliminary design. It is anticipated that one round of minor revisions will result from this meeting. C. Construction Documents (60%, 90%, and Final) 1. CONSTRUCTION DOCUMENTS: The Construction Documents submittal packages will include plans, specifications, and estimates in the City-approved format. It is anticipated that the 90% plan set will constitute the first cycle permit review. 2. TITLE SHEET: A title sheet will be provided including general notes, vicinity map, scope of work description, and a sheet index. 3. · DEMOLITION PLAN: Plans will be developed to demolish existing site features that are intended to be removed prior to construction. Special site features to remain will also be noted. 4. GRADING AND DRAINAGE PLANS: The team's civil engineering consultant will provide the following: a. Precise grading and drainage design to establish compliant paths of travel from accessible parking stalls and the public right-of-way to all facilities. The design will bring the areas into compliance with current title 24 accessibility requirements. This includes removal and replacement of all walkways in excess of 2% cross slope. b. Re-grade accessible parking stalls within the east parking lot to comply with current standards. c. Remove and replace existing stairs and handrails to comply with current standards. d. Re-grade slopes at replaced stairs to provide slope stability. e. Prepare erosion control plan. 3 Carlsbad City Hall Renovation October 13, 2016 f. Prepare drainage and improvement plans for approximately 750 linear feet of new storm drain piping for Laguna Drive between Pio Pico Drive & Elmwood Street. The plans will include: i. Plan & profile of Laguna Street and new storm drain system. ii. The design of 3 new curb inlets sized to capture the 100-year storm event. iii. Update and confirm hydrology & hydraulic analysis prepared by RBF for Laguna Drive dated September 2014. Analysis will be done to properly size new storm drain & curb inlets within this scope of work. iv. Review as-builts of existing utilities to check for utility conflicts (if available). v. Attend one site walk to verify flow patterns and tributary areas as shown on the RBF hydrology study. 5. PRIORITY DEVELOPMENT PROJECT STORMWATER QUALITY MANAGEMENT PLAN: The team's civil engineer will prepare documentation required for a Priority Development Project according to Carlsbad BMP Design Manual, Volume 5. This includes any project with the creation of more than 5,000 square feet of impervious surface. a. Prepare a Stormwater Quality Management Plan (SWQMP) for one combined treatment/management facility that mitigates the new improvements of the site if the project proposes to replace, add, or create more than 5,000 square feet of impervious surface and is considered a Priority Development Project. The SWQMP will provide treatment and hydromodification management calculations to comply with current stormwater standards.· b. Prepare a drainage study for the site to compare existing and proposed runoff rates. c. Provide post construction grading and drainage plans for the BMP facility. 6. LANDSCAPE HARDSCAPE PLANS: Plans and details will illustrate the layout and placement of elements including sidewalks, stairs, handrails, and seat walls. A materials schedule will denote the manufacturer, model number, color, and finish of all proposed improvements. 7. CONSTRUCTION DETAILS: Construction details will be provided for all proposed improvements. Details will be custom and project specific or reference regionally accepted standards. 4 ··-~ e -- 8. Carlsbad City Hall Renovation October 13, 2016 LANDSCAPE PLANTING PLANS AND DETAILS: Plans will indicate the locations, sizes, and species of all landscape materials. Details will be provided or will reference appropriate City standards. 9. IRRIGATION PLANS AND DETAILS: Equipment and details will consist of a listing of irrigation system components including irrigation heads, valves, and smart controllers (manufacturer and equipment model numbers). The irrigation system will be designed to meet AB 1881 requirements. 10. TECHNICAL.SPECIFICATIONS AND SUPPLEMENTAL PROVISIONS MANUAL: Project technical specifications will be prepared. 11. ESTIMATE OF PROBABLE CONSTRUCTION COSTS: An estimate will be provided to address the proposed improvements. 12. CITY SUBMITIAL: The 60%, 90%, and final construction document packages will be submitted to the City for review. The plans and specifications will be submitted by the City's Project Manager to the various review agencies for review, approval, and permitting. A maximum oftwo (2) rounds of minor review and revisions are anticipated. 13. FINAL SUBMITIAL: Final signed mylar plans and Auto CAD drawings will be submitted to the City upon final approval of the construction documents. Deliverable: Final mylar plans, digital scans (TIFF and/or PDF flies), and Auto CAD drawings. 14. MEETINGS: A total of four (4) meetings are included during the construction document phase. D. Additional Support Services . Additional support services are critical in the design process as they allow the team to verify that the vision and design intent of the project is being implemented. The design team will verify the contractor's conformance to the drawings and specifications throughout the construction process. The means and methods to accomplish the work will be the responsibility of the contractor. 1. REQUESTS FOR INFORMATION: The design team will review and provide responses to RFl's throughout the duration of construction. Twenty (20) staff hours have been allotted for this effort. 5 ··-Carlsbad City Hall Renovation October 13, 2016 e -- 2. 3. 4. 5. SUBMITIALS: The design team will review and provide responses to contractor submittals throughout the duration of construction. Twenty (20) staff hours have been allotted for this effort. LANDSCAPE ARCHITECTURE: The design team will conduct site visits to assess forms, flatwork, planting, and irrigation improvements. A total of four (4) site visits are anticipated throughout the construction duration. CIVIL ENGINEER: The design team will conduct site visits to assess staking, site grading, drainage infrastructure installation, and wet utility installation. A maximum of three (3) visits are anticipated. PRE-FINAL WALKTHROUGH: A pre-final walkthrough will be conducted to verify that all of the issues outlined on the "punch list" have been resolved. The maintenance period for the project will commence upon approval of the revisions outlined in the "punch list." 6. FINAL WALKTHROUGH: A final walkthrough will be conducted after the contractor verifies the corrections of the punch list items. The result of the final walkthrough will be final approval of the hardscape, landscape, and irrigation work. 7. AS-BUILT PLANS: The design team will prepare final record as-built's based on the contractor's red line mark-ups ofthe bid plans. Final as-built's will be submitted to the City's Project Manager for filing. Deliverables: Final mylar plans, digital scans (TIFF and/or PDF files,) and Auto CAD drawings. SCHEDULE OF FEES The following fees are proposed for the scope of work outlined above. A. Project Start Up (Fixed Fee) B. Preliminary Design (Fixed Fee) C. Construction Documents (Fixed Fee) D. Additional Support Servi.ces (Time and Materials, Estimate) Reimbursable Expense's (Estimate) GRAND TOTAL: OPTIONAL TASKS E. Additional Structural Analysis $27,372.00 $12,367.00 $81,336.00 $13,826.00 $4,000.00 $138,900.00 1. ADDITIONAL STRUCTURAL ANALYSIS: If the report and conclusions identified in the base scope are found not to be extensive enough for the City to use in 6 ··-Carlsbad City Hall Renovation October 13, 2016 --- decision making, BWE will perform the next level of analysis and reporting. They will conduct a site visit to determine the dimensions of structure needed to perform analysis. They will perform a cursory evaluation based on ASCE 41-13 checklist and analysis, as deemed appropriate for this structure. They will prepare Addendum to the report from above scope to include findings from more extensive analysis. F. Optional Shade Structure Design 1. SHADE STRUCTURE DESIGN: SDG will collaborate with USA Shade to develop a fabric shade structure design if it is determined that the existing concrete arcade represents a seismic risk. This effort includes the following: a. Initial conceptual design/layout to obtain City staff approval prior to the development of construction documents. b. Development of construction documents to be incorporated into the base scope of work referenced above. c. A cost estimate will be prepared for the shade structure. d. Two (2) additional site visits during construction to observe the post placement and installation. 2. SHADE STRUCTURE STRUCTURAL DESIGN: Design foundations and support columns for shade structures, based on shade fabric designer loads. Provide anchorage calculations of fabric shades based on manufacturer and designer connection preference. Calculation package, plans, and specifications will be prepared for submittal to the City. 3. SHADE STRUCTURE ELECTRICAL ENGINEERING: The current arcade has significant conduit traversing the canopy which provides power and communications distribution to the various buildings at City Hall. The team's electrical engineer will prepare construction documents at 60%, 90%, and 100% intervals for the rerouting of all utilities impacted by the removal of the existing arcade. This also includes addressing impacts to the existing audio/visual system affixed to the existing arcade. A new lighting design and fixture selection will be provided for the new shade structure. Title 24 calculations will be provided for all new fixtures. Cost estimation will be included for this effort. A total of one (1) field visit will be provided during construction. G. Boundary Survey and RecQrd of Survey 1. Field and office surveying services to prepare a precise boundary survey of the vesting deed for APN 156-180-46, being a portion ofTract 117, Map 1661 Carlsbad Lands. 7 ••• • • .; •• · Carlsbad City Hall Renovation October 13, 2016 2. Review the Owner provided Title Report and plot easements contained therein. 3. The Professional Land Surveyor will establish the property boundary using found evidence from field survey, prepare a procedure of survey and add the boundary survey to the above topographic survey AutoCAD file. 4. Prepare and process a Record of Survey with the County of San Diego. S. Set boundary corner monuments at any location where an original or existing monument was not located in the field. OPTIONAL TASKS -SCHEDULE OF FEES The following fees are proposed for the optional scope of work outlined above .. E. Additional Structural Analysis (Fixed Fee) F. Optional Shade Structure Design (Fixed Fee) G. Optional Boundary Survey and Record of Survey (Fixed Fee) OPTIONAL TASKS GRAND TOTAL: PROJECT ASSUMPTIONS AND EXCLUSIONS $4,600.00 $22,17S.00 $16,106.00 $42,881.00 1. Meetings in excess of those enumerated above will be considered additional services. 2. LEED documentation is excluded. 3. Survey work excludes boundary and easement surveying and recording. 4. Perspective drawings, renderings, visual studies, scale models of mockup·s, or samples are excluded and can be provided as an additional service. 5. Extensive value engineering after the 90% construction document submittal. 6. The project will not be separated into multiple phases or bid packages. 7. The City shall pay all fees required by the approving agencies. 8. Modifications to the scope of project or services. 9. Environmental documentation including, but not limited to, EIR/MND, biological reports, and archeological reports have been excluded. 10. Plan check and permitting fees shall be paid by others and are not included in this fee. 11. Pavement and foundation design will be determined as recommended by a previously prepared geotechnical report provided by the City or based on code minimum values. 12. Geotechnical engineering or other soils verification services are not included in this scope and fee. 13. Retaining wall plans, profiles, and calculations are excluded. 14. A separate design package for public improvement plans or encroachment plans for work in the Right-Of'.Way or public easements is not included. 15. A wet utility plan is not included. If required, it will be provided as an additional service. 16. Traffic control plans are not included. 17. Non-gravity flow for stormwater design is not included. 18. This project is not anticipated to disturb one (1) acre or more of land, therefore, a SWPPP will not be required and is not included. 8 ••• • • ••• Carlsbad City Hall Renovation October 13, 2016 19. New ramps and ADA walkway design at the existing grand stair entry is not included in this fee. 20. Landscape and irrigation improvements outside the limits of immediate hardscape disturbance is excluded. 21. Structural observations are based on observable conditions, we will not be able to ascertain reinforcing, or interior condition of structures; nor will we be able to observe foundations. ADDITIONAL SERVICES HOURLY BILLING RATES Fees will be charged for technical work, consultation, and additional services. Charges will be made for typing, as in the preparation of reports, and for time and costs of printing. No direct · charges will be made for normal secretarial services, office management, or general accounting. Hourly Rates Principal Landscape Architect/President ....................... : .............................................. $225/hour Principal Landscape Architect ......................................................... -.............................. $185/hour Senior Associate Landscape Arch_itect .......................................................................... $155/hour Associate Landscape Architect ..................................................................................... $140/hour Senior Project Manager/Licensed Landscape Architect.. ............................................. $120/hour Project Manager .............................. : ............................................................................... $95/hour Landscape Designer ......................................................................................................... $85/hour Landscape Drafter ............................................................................................................ $75/hour Clerical/Typist .................................................................................................................. $65/hour Reimbursable Expenses It is assumed th.at all deliverable reproductions will be printed by the City's preferred reprographics company. Ancillary reimbursable expenses will be billed at cost. In-house plotting will be charged between $.75 and $7. 75 per square-foot depending on color and paper type. Sub-consultants Expenses for consultants employed by Schmidt Design Group, Inc. will be marked up by 15%. Mileage and Travel Mileage in the interest of the client will be charged at the current GSA Mileage Reimbursement Rates. Time spent in travel in the interest of the client will be charged at hourly rates. A minimum of one hour will be charged for any site visit. TERMS OF AGREEMENT I. An invoice for Landscape Architectural services will be submitted monthly. Invoices will reflect percentage of completion for each phase of work. Invoices will reference percent complete per task as identified in the Schedule of Fees. 9 ••• •~· ••• :SE-=~~=-..... .,, ........ ,... u,...,. ZONE A SITE-WIDE ADA UPGRADES Preliminary Scope of Work Zones Carlsbad City Hall ~ October 13, 2016 ~ Scale: NTS BENA VISTA LAGOON NOT TO SCALE PROJECT NAME LOCATION CITY HALL SITE REFURBISHMENT PLOTTED BY: SCOTT EVANS PLOT DA TE: 9/30/16 PA TH:D: \ TRANSPORTA nON DEPARTMENT\LDCA noN AIAPS\AUTOCAD\4725.DWG PROJECT EXHIBIT NUMBER 2 4725