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2020-11-17; City Council; ; Amend and extend a Professional Services Agreement with RJM Design Group for Design Services on Veterans Memorial Park and Appropriate Additional Funds
Meeting Date: Nov. 17, 2020 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Tim Selke, Park Services Manager tim.selke@carlsbadca.gov, 760-434-2857 Subject: Amend and extend a Professional Services Agreement with RJM Design Group for Design Services on Veterans Memorial Park and Appropriate Additional Funds Recommended Action Adopt a resolution amending and extending a professional services agreement with RJM Design Group for design services on Veterans Memorial Park in an amount not-to-exceed $1,335,000 for a three-year term and appropriating $1,335,000 in additional funds from the Community Facilities District No. 1 Fund. Executive Summary The professional services agreement for design services on Veterans Memorial Park (Capital Improvement Project No. 4609), requires the scope of work and terms to be amended and extended. An additional appropriation of funds is also required to fund the agreement through the next three phases of the park development project. Carlsbad Municipal Code Section 3.28.040.D.3, establishes that the City Council shall be the awarding authority for amendments that exceed the City Manager’s authority. Discussion Staff released a request for qualifications and price proposal for design services on Veterans Memorial Park on Aug. 13, 2018. The request included a scope of work divided into five phases typically associated with such professional design services. All design firms submitting responses to the request for design services on Veterans Memorial Park were asked to include a two-item price proposal that included a detailed cost of services of the first phase of design services, that is, the master planning, and an hourly billing rates sheet for team members of the disciplines related to the subsequent four phases of design services. RJM Design Group’s detailed cost of services through the first phase was the lowest of the three final design firms, and its hourly billing rates were competitive with that of the other two final design firms. On Nov. 27, 2018 the City Council adopted resolution No. 2018-194, awarding a professional services agreement to RJM Design Group for the design services on Veterans Memorial Park in an amount not to exceed $398,200 for an initial two-year term. The scope of work in the agreement includes the master planning tasks in the first phase of design services. The agreement contains three optional two-year term extensions intended to allow for the CA Review AF Nov. 17, 2020 Item #8 Page 1 of 19 completion of the subsequent four phases of design services: design development, construction document preparation, contract bidding and construction administration. The agreement needs to be amended to address the scope of work for the design service to keep the remaining four phases of the project moving forward expeditiously. Additionally, staff recommends amending the agreement from three two-year term extensions to two three-year term extensions. The original structuring of the agreement does not provide adequate funding in alignment with the costs and schedule for completion of the remaining phases of the project. The original structuring would cause periods of inactivity on the project while the design team waited for agreement extensions and funding allocations to continue its work. Providing two, three-year terms and allocating the funding according to the schedule of services will allow the design team to move through the remaining phases of the project. Most of the remaining costs associated with the design services are expected to be incurred during the next three years. The amended scope of work details the cost of the tasks for the next phases of design and the anticipated schedule for completion of each phase. Veterans Memorial Park – RJM Design Group - Cost of services Price proposal for design services for phases 2, 3 & 4 $1,299,100 Additional as-needed services $35,900 Total cost of services $1,335,000 Fiscal Analysis Staff recommends appropriating $1,335,000 in additional funds from the Community Facilities District No. 1 Fund for the next three-year term of the professional services agreement. Currently, $23,420,000 is programmed for the Veterans Memorial Park project in fiscal year 2025-26 of the Capital Improvement Program. Staff is recommending moving $1,335,000 of the total budget of $23,420,00 to fiscal year 2020-21 to allow progress on the project to continue without delays. Next Steps RJM Design Group will complete the master planning phase of the agreement in early 2021. Staff anticipates returning to the City Council by the end of February to request adoption of the Veterans Memorial Park - CIP Project No. 4609 Project appropriations to date $502,200 Expenditures and encumbrances to date $468,410 Estimated expenditures (including staff overhead) through FY 2020-21 $33,790 Professional services agreement related to design – second term $1,335,000 Additional appropriation needed $1,335,000 Nov. 17, 2020 Item #8 Page 2 of 19 Veterans Memorial Park Master Plan. Presuming the City Council adopts the master plan, RJM Design Group will begin work on the next phase of the project, the design development. Environmental Evaluation (CEQA) Authorizing a professional services agreement for design services on a future park is statutorily exempt from the California Environmental Quality Act under CEQA Guidelines Section 15262 - Feasibility and Planning Studies. However, the preparation of the master plan for Veterans Memorial Park will include the completion of an Initial Study/Mitigated Negative Declaration to determine the level of environmental review required to implement that plan. Public Notification Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. City Council Resolution Nov. 17, 2020 Item #8 Page 3 of 19 RESOLUTION NO. 2020-222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING AND EXTENDING A PROFESSIONAL SERVICES AGREEMENT WITH RJM DESIGN GROUP FOR DESIGN SERVICES ON VETERANS MEMORIAL PARK, IN AN AMOUNT NOT-TO- EXCEED $1,335,000 FOR A THREE-YEAR TERM; AND APPROPRIATING $1,335,000 IN ADDITIONAL FUNDS FROM THE COMMUNITY FACILITIES DISTRICT NO. 1 FUND WHEREAS, on Aug. 13, 2018, staff released a Request for Qualifications and Price Proposal for Design Services on Veterans Memorial Park; and WHEREAS, the request included a scope of work •divided into five phases typically associated with such professional design services; and WHEREAS, all design firms submitting responses to the request for Design Services on Veterans Memorial Park were to include a two-item price proposal: [1] a detailed cost of services through the first phase of design services — i.e., Master Planning, and [2] an hourly billing rates sheet for team members of the disciplines related to the subsequent four phases of design services; and WHEREAS, RJM Design Group's detailed cost of services through the Master Planning Phase was the lowest of the three finalist design firms, at $398,200; and WHEREAS, On Nov. 27, 2018 the City Council adopted resolution No. 2018-194 awarding a Professional Services Agreement to RJM Design Group for the design services on Veterans Memorial Park, in an amount not to exceed $398,200 for an initial two-year term; and WHEREAS, the scope of work in the agreement includes services through the first phase of design services, and the terms of the agreement contain three optional two-year term extensions, intended to allow for the completion of the subsequent four phases of design services - i.e. Design Nov. 17, 2020 Item #8 Page 4 of 19 Development, Construction Documents Preparation, Contract Bidding and Construction Administration; and WHEREAS, to keep the remaining four phases of the project progressing in an expeditious manner, the agreement needs to be amended to address the scope of work for the next three phases of the design services and; WHEREAS, staff recommends amending the terms of the agreement from three, two-year term extensions, to two, three-year term extensions; and WHEREAS, staff is recommending appropriating $1,335,000 in additional funds from the Community Facilities District (CFD) No. 1 Fund for the next three-year term of the professional services agreement; and WHEREAS, sufficient funds are available within the CFD No. 1 Fund; and WHEREAS, the City Planner has considered the potential environmental effects of the agreement for design services and determined that the agreement will not have a significant effect on the environment as this action will secure funds for design services and not commit the city to any future course of action. 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 hereby authorized and directed to execute the professional services agreement with RJM Design Group for design services on Veterans Memorial Park, in a not-to-exceed amount of $1,335,000 for a three-year term, attached hereto as Attachment "A". Nov. 17, 2020 Item #8 Page 5 of 19 3. The Deputy City Manager, Administrative Services, or his/her designee is authorized to appropriate additional funds from the CFD No. 1 Fund, in the amount of $1,335,000. 4. That the City Manager is authorized to execute amendments to said agreement deemed to be in the best interest of the city, and, if the city so chooses, to extend it for one additional three-year term, with the three- year term's compensation amount not-to-exceed $257,800. 5. That the professional services agreement for design services is statutorily exempt from the California Environmental Quality Act under Guidelines section 15262 - Feasibility and Planning Studies. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 17th day of November, 2020, by the following vote to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk 6 Nov. 17, 2020 Item #8 Page 6 of 19 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 ATTACHMENT A AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR DESIGN SERVICES RJM DESIGN GROUP, INC. This Amendment No. 1 is entered into and effective as of the 19-11/ day of 20 26 , extending and amending the agreement dated November 28, 2018 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and RJM Design Group, Inc., ("Contractor") (collectively, the "Parties") for landscape architectural design services. RECITALS A. Contractor is completing Phase 1 of the Scope of Work of the Agreement for design services of for the Veterans Memorial Park. The majority of the work remaining in the Scope of Work will occur in Phases 2, 3 and 4, Design Development, Construction Documents Preparation, and Contract Bidding, and the City wishes to amend the Agreement to allow Contractor to complete the remaining work more expeditiously than was originally provided for under the Agreement; and B. The Parties desire to amend Paragraph 3, Term, of the Agreement to authorize the City Manager to extend the Agreement for two additional three-year periods or parts thereof, instead of three additional two-year periods, and exercise the first option to extend the Agreement for a period of three years; and C. The Parties desire to amend Paragraph 5, Compensation, of the Agreement to adjust the total not to exceed amounts for each additional extension period to correspond to revised project schedule and three-year extension periods; and D. The Parties desire to alter the Agreement's Scope of Work to provide additional design services for Veterans Memorial Park; and E. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. Paragraph 3, Term, of the Agreement is hereby amended to read as follows: 3. TERM The term of this Agreement will be effective for a period of two years from the date first above written. The City Manager may amend the Agreement to extend it for two additional three-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. REV. 10/27/2020 Nov. 17, 2020 Item #8 Page 7 of 19 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 2. The Agreement, as may have been amended from time to time, is hereby extended for a period of three years, ending on November 28, 2023. 3. Paragraph 5, Compensation, of the Agreement is hereby amended to read as follows: 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed three hundred ninety-eight thousand two hundred dollars ($398,200). The total fee payable for the Services to be performed during the first three-year extension of this Agreement shall not exceed one million three hundred thirty-five thousand dollars ($1,335,000). The total fee payable for the Services to be performed during this Agreement during the second three-year extension of this Agreement, if any, shall not exceed two hundred fifty-seven thousand eight hundred dollars ($257,800). 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 Exhibits "A". 4. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total Agreement amount shall not exceed one million seven hundred thirty- three thousand two hundred dollars ($1,733,200). 5. City will pay Contractor for all work associated with those services described in Exhibit "A". Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 6 Contractor will complete all work described in Exhibit "A" by November 28, 2023. 7. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 8. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 9. The individuals executing this Amendment 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 Amendment. /// /II City Attorney Approved Version 6/12/18 2 Nov. 17, 2020 Item #8 Page 8 of 19 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 CITY OF CARLSBAD, a municipal CONTRACTOR corporation of the State of California By: taint' • Pea' By: fQ (sign here) Larry P Ryan (print name/title) ATTEST: \--6/RYYID=1/14-av BARBARA ENGLESON City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: 1t4 F r sf Deputy City Attorney City Attorney Approved Version 6/12/18 3 By: &vita. 10eowei, (sign here) Anita Weaver Nov. 17, 2020 Item #8 Page 9 of 19 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 EXHIBIT "A" SCOPE OF SERVICES Task 1 — Design Development (50% Construction Documents) A. Coordination with City of Carlsbad regarding the entitlement permit process. Provide required documents as outlined on the submittal checklist 'Development Permits P-2" and supplemental requirements for Hillside Development Permit, Habitat Management Plan Permit, Conditional Use Permit and Coastal Development Permit. B. Meet with City staff, other agencies, and utility companies to review approved Master Plan, Conditions of Approval, construction budget and project design schedule. C. Review City standards applicable to site development plan preparation, including the Standard Specifications for Public Works construction, City of Carlsbad standard plans/details including trail construction. D. Coordinate with Carlsbad Fire Department to confirm fire service access and required hydrants within the park area. E. Coordinate progress of the design with various City's divisions, including but not limited to Facilities, IT, Police, Public Works, Parks & Recreation. F. Coordinate with Cultural Arts team to review progress on art elements and further research opportunities for collaboration and inclusion of art features into the park fabric. G. Prepare for and attend virtual bi-weekly meetings with City staff to review progress on the evolution of the plans. H. Based upon approved master plan and conditions of approval, commence preparation of construction plans (50%) indicating refined site plan layout, project enlargement areas, specified materials, finishes, and colors for the proposed buildings and site elements. Provide enlargements, catalog cut sheets and outline specifications to clearly define all elements. Services will include architectural, landscape architectural, civil, structural, mechanical, and electrical engineering. A complete set of construction drawings will clearly stipulate the layout/configuration, materials and details for the project. Plans will be prepared in conformance with City of Carlsbad's requirements. Plans will be prepared using AutoCAD 2019. Drawings shall be formatted into a City standard sheet format. 1. Prepare architectural floor plans and elevations for restroom and restroom/concession building to clearly illustrate materials and finishes. Architectural design development documents consisting of drawings and outline specifications setting forth the architectural and interior design requirements. City Attorney Approved Version 6/12/18 4 Nov. 17, 2020 Item #8 Page 10 of 19 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 Identification of architectural materials, finishes, systems and equipment. 2. Prepare site design development drawings and outline specifications setting forth layout and material selection of site elements to include: • Parking lots and drives • Hardscape elements • Art elements/features • Veterans memorial area Playground environment and equipment • Family oriented bike park area layout and materials • Garden area improvements and materials • Landscape / irrigation • Site furniture (benches, tables, light fixtures, trash receptacles, etc.) 3. Prepare for and attend Public Art events to collaborate with selected artists and discuss/strategize incorporating art elements into the fabric of the overall park design. 4. Refine preliminary grading study to incorporate contour grading as well as water quality and bioswale treatment areas. The goal of the grading plan refinement will be to achieve a balanced site condition and utilize available material from the overall project grading operations. 5. Update preliminary earthwork estimate. 6. Electrical engineer to confirm general site lighting requirements and provide preliminary drawings and calculations to verify conformance with City illumination/footcandle requirements. Electrical demand shall be determined and initial coordination with utility company shall occur. 7. Coordination with City IT Department to discuss desired security camera locations, camera mounting/brackets, electrical service requirements, conduit placement, etc. required. 8. Prepare exterior lighting photometric plans for security lighting purposes for parking lots, pedestrian walkways, and plaza/gathering, restroom areas. The park use is limited to daytime activities and night lighting the park for nighttime use is not envisioned. I. Review construction budget and update Opinion of Probable Construction Cost. J. Submit 50% Construction Documents to City staff for review and comments. Deliverables shall include plans, enlargements, materials/finish specifications, outline specifications and catalog cut sheets. City Attorney Approved Version 6/12/18 5 Nov. 17, 2020 Item #8 Page 11 of 19 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 K. Stakeholder Approvals: The design team will assist City staff in presenting the final 50% package to various stakeholders as determined by the City, it may include Parks & Recreation Commission, Senior Commission, City Council, and others. MEETINGS: Bi-Weekly Virtual meetings with City Staff Public Art events (2) Virtual meeting with Fire Department PRODUCTS: Entitlement Permit Submittals/Materials/Documents, Meeting Notes; Drawing File List; 50% Construction Plans that include: Site and Landscape Construction Plans; Architectural Floor Plans and Elevations of building components; Technical Specifications; Catalog Cut Sheets; Preliminary Mechanical/Plumbing; Electrical Drawings; preliminary photometrics for exterior spaces, Preliminary Security camera locations/conduit locations, Preliminary Grading Plans and Earthwork Calculations; Opinion of Probable Construction Cost Task 2 — 100% Construction Documents A. Review city staff comments and confirm direction as to the specific refinements to be made to the construction drawings. B. Confirm project construction budget and items to be constructed with the first phase of construction. C. Refine construction documents based on received comments to include final drawings, details, calculations, specifications, and opinion of probable construction cost. Plans are to be prepared as one construction document package, for one phase of construction. Documents include: 1. Title and General Notes Sheets A title and general notes sheets will be prepared for the construction document package. 2. Landscape Design Documentation Preparation of specifications, construction plans and details illustrating the layout and placement of elements including sidewalks, gathering spaces, seat walls, shade structures, and site furnishings. A materials schedule will denote the manufacturer, model number, color, and finish of all proposed park improvements, setting forth in detail the landscape requirements for the project including: a. Site construction/layout plans b. Construction Details c. Public Art Site Plan d. Planting plans City Attorney Approved Version 6/12/18 6 Nov. 17, 2020 Item #8 Page 12 of 19 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 e. Irrigation plans f. Landscape construction enlargements/detail (Veterans memorial, Family oriented bike park area, plaza areas, playgrounds, and picnic areas) 3. Architectural Design Documentation Preparation of construction documents for the community buildings and shade structures. Plans will include all information required to successfully construct the building. This includes building plans, structural, MEP, low voltage technology, AV, catering support equipment, and acoustics, setting forth in detail the architectural and interior design requirements for the construction of the project. The team's architect will provide a completed REVIT model for the community building. The BIM model LOD 300 will be provided illustrating the various building systems, placements, sizing, etc. a. Detailed technical site plan b. Detailed and dimensioned building floor plans c. Building sections and elevations d. Building reflected ceiling plan and roof plan e. Building wall sections f. Selection of building exterior and interior materials and color g. Complete outline specifications of building systems and materials 4. Structural Design Documentation Services during the construction documents phase consist of preparation of final structural engineering calculations, drawings and specifications based on approved design development documents, setting forth in detail the structural construction requirements for the project. a. Building foundation systems b. Building framing systems c. Exterior site elements (security fencing, light pole foundations, site retaining walls, seat walls, and maintenance wall enclosure, misc. foundations) 5. Mechanical / Plumbing Engineering Design Documentation Services during construction document phase consist of preparation of final mechanical/plumbing calculations, drawings and specifications setting forth in detail the mechanical/plumbing engineering requirements for the construction of the project. a. System design b. Sources and routing of utilities and meter locations 6. Electrical Design Documentation Preparation of electrical and site lighting plan to illustrate the locations of all site lighting and electrical service for A.V. equipment associated with the outdoor gathering area, community buildings and other park areas. Initial electrical will be routed and City Attorney Approved Version 6/12/18 7 Nov. 17, 2020 Item #8 Page 13 of 19 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 coordinated with other disciplines. Photometric plans will be provided to illustrate proposed foot-candle distribution across the site. Package will include final electrical calculations, drawings and specifications setting forth in detail the electrical engineering requirements for the construction of the project. All power, lighting and control schemes, complete with diagrams and details shall be finalized including: a. Lighting and power plan to include park security lighting, access drive, walkway, parking lot, security lighting systems and building lighting/power. b. City IT requirements for security camera locations, camera mounting/brackets, electrical service requirements, and required conduit placement. c. Special event electrical connections / provisions d. Power supply for future expansion and/or project phasing e. Location of panels, switchgear, meter f. Electrical service and distribution g. Telephone and CATV conduit only distribution h. Exterior Title 24 lighting calculations i. Electrical provisions for irrigation equipment j. Exterior lighting photo metrics k. Electrical load calculations• Civil Design Documentation Preparation of final civil engineering calculations, drawings and specifications for site grading, wet utility, and drainage plans of the park. Major utilities will be routed and coordinated with other disciplines. Package will include: a. (NPDES)/NOWSWQMP b. Civil title sheet with notes c. Demolition and removals plan d. Precise grading plan Note: Final grading plans shall be developed and shall depict all site improvements including structures, walls, walkways, storm drain, and swales. e. On-site water quality systems f. Sewer, water, and storm drain plans including design of connections to public utility systems. Prepare separate water and sewer plans for water district permitting. Note: Utility plans will be developed and will depict all sewer, water, fire services and fire hydrants. g. Storm drain profile for 18" storm drain and larger h. Horizontal control plan i. Erosion control plan (including AQMD dust control requirements) j. Civil improvement details k. Prepare on-site hydrology study and area drain plans I. Earthwork calculations m. Prepare quantity and cost estimate for civil improvements City Attorney Approved Version 6/12/18 8 Nov. 17, 2020 Item #8 Page 14 of 19 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 D. Project Specifications 1. City shall provide the front-end documents, including contract documents, general provisions and supplemental provisions. 2. RJM's consultant team shall prepare technical specifications utilizing C.S.I. format. 3. Opinion of Probable Construction Cost E. Opinion of Probable Construction Cost services during the construction document phase consist of any adjustments due to design, materials, or quantity changes at approximately 70%, 90% and 100% complete, considering: 1. Changes in materials, systems or details of construction which have occurred during preparation of the construction documents 2. Known changes in the cost of materials, labor and services since preparation of the previous Opinion of Probable Construction Cost. 3. Adjustments for known or anticipated changes in the bidding market relative to the project. F. Submit plans and cost estimate to the City at 70% completeness for review. G. Prepare for and attend virtual meeting with City to review and discuss plan comments. H. Revise plans per 70% plan check comments. I. Submit plans, documents required for grading and building plan check, and cost estimate to the City at 90% completeness for review. The plans and specifications will be submitted to the various review agencies for review, approval, and permitting. It is anticipated that the City of Carlsbad Building Division (Esgil), Engineering Division, Planning Division, Parks & Recreation Department, Carlsbad Municipal Water District (CMWD) and the County of San Diego Department of Environmental Health will be providing plan check reviews. J. Prepare for and attend virtual meeting with City to review and discuss plan comments. K. Revise plans per 90% plan check comments. L. Prepare for and attend virtual meeting with City to review and discuss plan comments M. Final Submittal Bid Set: Develop final 100% construction documents. Create final signed mylar plans (irrigation only, bond paper prints for all others) and Auto CAD drawings will be City Attorney Approved Version 6/12/18 9 Nov. 17, 2020 Item #8 Page 15 of 19 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 submitted to the City upon final approval of the construction documents. MEETINGS: (3) Meetings with City staff PRODUCTS: Final mylar plans, bond paper prints, digital scans (TIFF and/or PDF files), and Auto CAD drawings. Construction Bid Documents; Opinion of Probable Construction Costs; Original Plans and Specifications, (Native CAD and Word files). Task 3— BIDDING/NOTICE TO PROCEED (Time and Material) The Bidding Phase, following the City's approval of the construction documents and most recent Statement of Probable Construction Cost, shall provide services/exhibits to assist the City and the construction manager in obtaining bids. A. Addenda — assistance in preparation of addenda as may be required during bidding and including supplementary drawings, and/or specifications. B. Participation in pre-bid conference. C. Responses to questions from bidders or proposers and clarifications or interpretations of the bidding documents. D. Analysis of Alternates/Substitutions - consideration, analysis, comparisons, and recommendations relative to alternates or substitutions proposed by bidders or proposers prior to receipt of bids. City Attorney Approved Version 6/12/18 10 Nov. 17, 2020 Item #8 Page 16 of 19 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 SCHEDULE This proposal is based on the following anticipated schedule for the project. The schedule includes City of Carlsbad's anticipated plan review/plan check processing period. Prerequisite Completion and Adoption of the Park's Master Plan (3 months) Task 1 Design Development (50% Construction Documents) (13 months) Task 2 Construction Documents 100% (17 months) Task 3 Bidding/Notice to Proceed (3 months) FEE SCHEDULE It is the objective of our Design Team to provide the most comprehensive, yet efficient, approach to the development of the Carlsbad Veterans Memorial Park Project. This fee includes all costs to be incurred by RJM Design Group, Inc. and an allowance for reimbursable expenses. Fees for the work are as follows: Prerequisite Completion and Adoption of the Park's Master Plan $0 Task 1 Design Development (50% Construction Documents) $645,900 Task 2 Construction Documents 100% $598,200 Task 3 Bidding / Notice to Proceed (Time and Material) $25,000 PROFESSIONAL FEES $1,269,100 REIMBURSABLE ALLOWANCE $30,000 AS NEEDED ADDITIONAL SERVICES $35,900 TOTAL FEE $1,335,000 Note: This fee summary represents the current understanding of the project scope and complexity associated with a single phase of construction. The scope of work and associated fees are subject to adjustment upon request from City, if the construction budget is modified, or multiple phases of construction are desired. Fee adjustments, if any, shall be documented by addendum to this Amendment. REIMBURSABLE EXPENSES When incurred, the following project expenses will be billed at cost plus 15% administrative fee in addition to the above professional services fee: • Printing, plotting, copying, scanning, photography, graphic expenses • Delivery, shipping, and handling of documents • Permits, plan check, and inspection fees • City business license • Agronomic Soils testing City Attorney Approved Version 6/12/18 11 Nov. 17, 2020 Item #8 Page 17 of 19 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 CONSULTANTS' HOURLY RATES Compensation for additional services will be billed hourly at our standard rates* below: RJM DESIGN GROUP, INC. Principal Landscape Architect $175 - $195 per hour Associate Landscape Architect $155 - $165 per hour Landscape Architect $139 -$149 per hour Job Captain / Landscape Designer $123 -$133 per hour CADD Technician / Graphics $107 - $117 per hour Clerical $ 80 per hour DAHLIN ARCHITECTS Partners Principal Sr. Project Architect / Manager / Associate Architect Project Architect / Manager Job Captain Intermediate Designer! Drafter II Junior Designer! Drafter I Administrative Staff $225 per hour $203 per hour $181 per hour $139 per hour $123 per hour $111 per hour $100 per hour $ 69 per hour PSOMAS Principal Project Manager Senior Project Engineer Project Engineer Lead CAD Designer CAD Designer Civil Engineer Staff Engineer Project Assistant $213 -$245 per hour $181 -$213 per hour $181 -$208 per hour $149 -$187 per hour $101 -$128 per hour $101 -$117 per hour $101 -$117 per hour $ 96 - $117 per hour $ 69 - $ 96 per hour NEW LINE SKATEPARKS Principal Director of Operation $180 per hour Project Manager $120 per hour Design Director $120 per hour Design Production $100 per hour FBA ENGINEERING Principal! Project Director V.P. / Senior Associate Associate! Project Manager Construction Support $210 per hour $160 per hour $160 per hour $135 per hour 12 City Attorney Approved Version 6/12/18 Nov. 17, 2020 Item #8 Page 18 of 19 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 Electrical Designer $110 per hour CAD / BIM Designer $ 90 per hour Technical Typist $ 50 per hour GLASIR DESIGN On-Site Consulting $128 per hour Irrigation Designer $101 per hour ADS CONSULTING ENGINEERS Principal $195 per hour Project Engineer $175 per hour CADD Operator / Drafter $155 per hour Technical Typing & Reproduction $110 per hour Site Visit ($500 minimum charge per visit, includes travel time) $175 per hour *Note these rates have been adjusted from the original contract amount in 2018 per CPI. *Charges for subconsultant services are billed at cost plus a 15% coordination fee. Billings for all time and materials and contract extension work shall be in accordance with the level of work performed based on the categories listed above. Hourly rates will be escalated each August 1st in accordance with any increase in the Consumer Price Index or other mutually agreed upon cost index, beginning with August 1, 2021. Provisions for fee escalation pertain to all contract extensions and additional work. ADDITIONAL SERVICES Professional services not specifically identified in the scope of work will be considered additional services and may be performed at Client's request, reimbursable at Consultant's standard hourly rates. Additional services may include, but are not limited to: • Additional meetings, presentations, or site visits beyond those identified in the scope of work. • Exhibit preparation beyond that identified in the scope of work. • Revisions to documents required as a result of changes in Client's direction; changes subsequent to Client's/City approval; or changes in governmental codes or regulations. • Design of improvements beyond the designated park site, or due to changes in project phasing schedule. • Engagement of other consultants not specifically identified above. (environmental, security/surveillance, traffic, signage/graphics, utility consultants, construction management, etc.) City Attorney Approved Version 6/12/18 13 Nov. 17, 2020 Item #8 Page 19 of 19 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Attachments: Howard Krausz <hkrauszmd@gmail.com> Monday, November 16, 2020 11:30 AM City Clerk Council Internet Email Meeting Agenda Item #8 NCA letter to CCC re Veterans Park.pdf All Receive-Agenda Item # For the Information of the: CITY COUNCIL Date /1 1 7CA ,'""-CC CM ,---ACM vDCM (3) V Please accept this comment letter from NCA. Thanks. Howard Krausz CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 North County Advocates 7668 El Camino Real, Suite 104-258, Carlsbad CA 92009 11/16/2020 Honorable Mayor and City Council: Regarding Item #8 on the Agenda for the 11/17/2020 council meeting, the following comments are submitted on behalf of North County Advocates: We object to committing this additional large sum of city money for design of Veterans Memorial Park. Some $500,000 has already been put toward this project that we and other citizen's groups are questioning. The Growth Management park facility standard is "three acres of community parks or special use areas per 1,000 population within the park district." There are four park districts within Carlsbad, which correspond to the city's four quadrants. Shortly after proposition E established open space standards in 1986, the city decreed that the future Veterans Park acres could be equally allocated to each quadrant to satisfy park requirements for each park district even though Veterans park is not physically anywhere near residents of most quadrants. Because of its location and topography, it may not meet the current needs of Carlsbad citizens, particularly in the SW and SE quadrants where park deficiencies are known to exist. There are other more pressing park priorities. For example, in the SW quadrant a park in the Ponto area could be created on open land that has been informally used as a park for generations and may well be available for purchase by the city. That would certainly be a most popular park for both local residents and visitors coming to the new, hotels in the area. We implore you to rethink this commitment to Veterans Park. 24: Howard Krausz, President North County Advocates North County Advocates is a non-profit 501© 3 public benefit corporation. TIN 27-3158348. www.northcountyadvocates.corn Tammy Cloud-McMinn From: Diane Nygaard <dnygaard3@gmail.conn> Sent: Monday, November 16, 2020 12:53 PM To: City Clerk; Council Internet Email Subject: # 8 Veteran's Park Additional Funds for Design Honorable Mayor and City Council If there ever was a time to push the "pause button" on the plans for Veteran's Park that time is now.. It was 1986 when the city decided to meet future park needs by allocating 1/4 of the future site of veteran's park to each of the 4 quadrants. The future Veteran's park site would fulfill the requirement for park acres for the entire city- but does it actually meet the recreational needs of today? Does it meet the needs for each of the 4 quadrants that it is supposed to serve? Does it match the priorities of today? Of course there are long standing commitments for much of this park to remain natural habitat and for it to incorporate a memorial to veteran's. But those two objectives can be met without locking in this entire site and committing over $ 23m to a park that does not meet the needs of today. The city has acknowledged the shortage of park acres for the SW and SE quadrants so that is putting some time pressure on moving forward. But that should not be an excuse for moving forward with a plan that does not meet today's needs. Many residents of the SW quadrant have been asking for a park at Ponto for years- and there is land currently for sale that could meet that need. Recently one of our Board members documented the presence of an endangered native bumble bee on the veteran's park site. That highlights the value of this land as natural open space. During the community planning process for veteran's park there was no opportunity to consider alternatives. Such alternatives could include options to sell/develop part of the land at veterans park site to create additional funding for a park that actually serves the Ponto area. They could include designating more of the land as a natural park- and achieving the required park acres to meet the GMP performance standard while incurring minimal costs. They could include exercising the option with SDG & E for the lease of Hub Park- and incorporating that with the trails on the South Shore of Agua Hedionda - a project that is already designated a high priority by the city council- and that would have broad community support. Please push the pause button on any additional funding for design of veteran's park and instead direct staff to consider alternatives that would better meet the needs and opportunities that exist today. Diane Nygaard On behalf of Preserve Calavera CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Lance Schulte <meyers-schulte@sbcglobal.net> Sent: Monday, November 16, 2020 12:54 PM To: Council Internet Email; City Clerk Cc: Scott Chadwick; Gary Barberio; Jennifer Jesser; Scott Donnell; David De Cordova; Kyle Lancaster; Mike Pacheco; Erin Prahler; Ross, Toni@Coastal; Cort Hitchens; People for Ponto; 'Steve Puterski'; Philip Diehl Subject: 2020-11-17 Carlsbad City Council meeting - #8 City Council Agenda- Veteran's Park & to PC-PC-HC-HEAC Attachments: 2020-11-17 CC mtg and Park Inequity issues to CC-PC-PC-HC-HEAC.pdf Dear City Council, Planning-Parks-Housing Commissions, and Housing Element Advisory Committee: Please receive the attached public input regarding Veterans Park, and also to the Carlsbad's Local Coastal Program-Land Use Plan amendments, Housing Element Update and Parks Master Plan Update and HEAC processes. Sincerely, Lance Schulte Carlsbad Citizen & People for Ponto www.Peopleforponto.com CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Dear City Council, Planning-Parks-Housing Commissions, and Housing Element Advisory Board: Many Citizens of Carlsbad again ask that the City Council, City Planning-Parks-Housing Commissions and Housing Element Advisory Committee stop and rethink spending more Citizen tax-dollars on a suboptimal Veterans Park, and creating City 'Park Inequity' for many SW, SE and NE Quadrant children, citizens, and neighborhoods including the SW quadrant Coastal Ponto area, and instead we citizens request the City Council: 1. Provide and spend tax-payer money on parks where they are needed. The City Parks Master Plan (PMP) already has identified and documents areas 'unserved' by City Parks, and areas of City 'park inequity'. [the City has a mapping error in the PMP in that Veterans Park's park service area is inaccurately located and should be accurately mapped as being about 1-mile NE of its location as shown in the PMP] a. Veterans Park will be .5 mile away from both the Existing and Planned Zone 5 City Parks, and within about 1-mile of future Robinson Ranch Park. These 3-4 parks totaling 125-acres (per City data) will have overlapping and redundant service areas. It is great to have 125-acres of multiple park opportunities within about 1-mile within each other within overlapping park service areas, so long as the City Council can/will confirm that Veterans Park it is not coming at the cost of denying any (let alone overlapping) park services to other Carlsbad neighborhoods, and planning to create and creating permanent "City Park Deserts" and 'park inequity' for those SW, SE, NE neighborhoods and children 'unserved' by City Parks as already documented in the City's Park Master Plan; and particularly in the Ponto area where Ponto Park is the most cost-efficient and appropriate City Park solution). b. The park funds to pay for Veterans Park came mostly from homeowners in the new homes build since 1991. Most all these new homes are in the SW, SE, and NE quadrants of the City. Citizens in the SW, SE, and NE quadrants are paying for park in the NW that does not best, or even reasonably, serve their park needs. These unmet or comparatively underserved park needs are from of the majority of Carlsbad Citizens that live in the SW, SE, and NE quadrants. This majority of Carlsbad Citizens that actually paid for Veterans Park live in the SW, SE and NE quadrants yet many SW, SE and NE quadrant Citizens, children and neighborhoods are not within a City Park Service Area, and certainly are not within an overlapping City Park Service Area as being proposed by Veterans Park. The City Council should address more critical documented SW, SE, and NE Quadrant 'City Park Inequity' and fill gaps in the 'City park service' in the SW, SE, and NE Quadrants as documented in the Parks Master Plan before spending tax-payer money (that mostly came from SW, SE, and NE tax-payers) on Veterans Park. 2. Direct Park expenditures and City Staff to provide more city parks within a 10-minute walk to ALL neighborhoods in Carlsbad, and particularly SW, SE and NE Quadrant neighborhoods that are currently 'unserved' by City parks. a. The City Council says Veterans Park 'on paper' is supposed to provide for SW, SE and NE neighborhoods and children's future park needs even though the distance between the park and the SW, SE, and NE neighborhood need for a park is between 2-14 miles away and out of functional access to most Carlsbad citizens and the children. Citizens and common sense knows that that Veterans Park is not the solution — and a piece of paper saying it is does not really change that fact. b. The Cities of Encinitas and Oceanside both park requirements to provide a City Park within a 10-minute walk to all their Citizens. This is a very traditional park planning concept that is reemerging nationwide as a logical park planning policy. Carlsbad is behind the times and continues to deny walkable City Park accessibility to Carlsbad Children and force citizens to have to drive and drive their children (increasing VMT) to get to a City Park. c. Also, Carlsbad provides 40% less City parkland than both Encinitas and Carlsbad. Carlsbad only plans for and requires 3-acres of City park land per 1,000 population. Encinitas and Oceanside plan for and require 5-acres of City park land per 1,000 population. 3. Invest tax-payer Park money on actual usable parkland. Please don't invest in unusable land that falsely gets counted as being actual usable park land a. Veterans Park is very hilly and not actually useable as parkland by citizens and their children. About 50% of Veterans Park is unusable as park due to steep slopes. This is the same illogical and expensive to tax-payers situation as the adjacent Carlsbad Crossings Golf Course. Parks like golf courses are logically located on flatter useable land for them to function as a park and golf course area intended to function. This is not the case at Veterans Park and the Crossings, and tax-payers pay the price twice in both lost usable land for Parks due to useable slopes and by having to pay increased park maintenance costs to maintain these unusable slopes. By advancing Veterans Park the City Council is paying more (tax-payer money) for park construction and maintenance costs to actually get less usable parkland. The City Council should as many citizens have suggest and all 4 City Council members have suggested — stop and rethink Veterans Park and use our tax-payer money and stop trying to put a Park that by its nature and function should be flat or flatter, on hilly land that by its nature and to provide vehicle and A City can through large amounts of money and land area to try to overcome the fact that Parks, like golf courses, should be located on less hill and constrained land. The City should have learned more from the Crossings and not replicate the reduced functional usability, loss of functional land area, and expense in building and maintaining Veterans Park. b. Veterans Park, like many City Parks (particularly those in South Carlsbad) is also less practical as a Park, because it not in convenient walking distance to its intended users. So much of Veterans Park as other City Parks has to be used as paved parking to provide any amount of accessibility and usability. It appears about 25% of Veterans Park is lost to parking lots, about 30% of Alga Norte Park is lost to parking lots, and about 20% of Poinsettia Park is lost to parking lots. Parks that are substantially parking lots indicate those parks also are creating and accommodating unnecessary and excessive Vehicle Miles Traveled (VMT) in violation of both City and State policy. 4. Listen to and responsibly respond to the many Carlsbad Citizens that have expressed their City Park needs and desires. a. During both the 2019 and 2020 City Budget processes the most cited Citizen need and desire for the City to budget for was the purchase of Ponto Park (the most bang-for-the buck solution) and provide South Carlsbad Citizens (and businesses) with their only Coastal Park. i. In the 2019 Budget Public Input process 90% of Carlsbad Citizen Input requested the City Council budget to address the Ponto Park need. This was also documented a May 28, 2020 communication to the Carlsbad City Council, Carlsbad Planning and Parks Commissions, and CA Coastal Commission. The 2019 City Budget Public Input process documented 85 specific verbatim citizen comments on Ponto area park needs. These expressed needs representing 90% of all Citizen input into the City Budget was unaddressed by the City Council. ii. In the 2020 Budget Public Input process again Carlsbad Citizens overwhelming expressed need and desire for Ponto Park (the most bang-for-the buck solution). At the 6/2/20 Budget meeting over 30-minutes of condensed verbal public testimony and over 130-pages of written public testimony and data was delivered to the City Council. This Citizen input again was, by an overwhelming majority, the most cited need and budget request by Carlsbad Citizens. Again, the City Council failed, this time in a 2-2 tie vote, to address this overwhelming Citizen (and tax-payer) Input, Need and Request. 5. Coordinate City Park, Coastal land use, and Housing planning to address Carlsbad's documented "City Park Inequity" and Carlsbad Citizens-children-neighborhoods "Unserved by City Parks" The City Council said in the City Budget Process that "Public involvement planning is coordinated across all city departments to ensure consistency and avoid process fatigue." a. Although the over 2,700 emails to the City and City Council expressing and documenting the need and desire for Ponto Park, the over 200-pages of public testimony and data documenting the need for Ponto Park, the numerous citizen presentations before the City Council; the City has not in fact shown it is coordinating this most significant Citizen and public involvement issue across all city departments and to all relevant City Citizen Commissions and Committees to 'ensure consistency and avoid (citizen) process fatigue'. People for Ponto Citizens have repeated examples citizen communications not delivered and not being 'coordinated across all city departments', and having since 2017 to repeatedly re-ask for City reply/confirmation or conduct public records requests to determine if and when Citizen communications are 'coordinated across all city departments'. The most recent example is from 9/14/20. The above 5 requests are all the more surprising and confusing for Carlsbad Citizens in that for some time all four (4) of the current City Council members have on multiple occasions publicly stated they think Carlsbad's current General Plan and Growth Management Plan that are guiding Veterans Park actions both need comprehensive updating. As one of our current Council members recently said: "I believe that our best strategy is to support a new Growth Management Plan and General Plan that will reflect the desires of today's residents. Our old plan has served us well but has become outdated. A revised plan could address a variety of services and infrastructure, including parks. I support an updated plan that is built on the desires of our current residents." The extensive Citizen need, desire, and requests for Ponto park, that are reflective of the Park needs for other neighborhood areas in SW, SE, NE and also NW Carlsbad that the City already documents are 'unserved by City Parks' and the many Carlsbad Citizens and their children that have no or only limited City Park access due to Carlsbad's City Park policy of documented and mapped "City Park Inequity" that is exemplified by Veterans Park and how and who is funding Veterans Park. The tax-payer money the City is proposing to send paying consultants to draw paper plans for Veterans Park could instead actually buy an acer of Ponto Park, where a park is needed, and where Citizens have overwhelmingly told the City over many years they need and want the park. Why is the City Council not even listening to itself in recognizing they should put Veterans Park on-hold and do as the quote from the Councilmember above revise the plans/path? If however, the City Council decides to use tax-payer dollars on a Veterans Park that creates redundant overlap of park service, provide limited actual usable parkland due to excessive slopes and need for parking lots, is less prudent of tax-payer dollars, and is not addressing neighborhoods, citizens, and children in Carlsbad that are unserved by City Parks; then the City Council should clearly document that their decision will in no way policy wise or fiscally hinder, prevent or discourage the City Council from actually funding City Parks where they are needed, where Citizens have overwhelming requested they be provided — Ponto Park. Thank you for receiving, coordinating dissemination, and considering this citizen input, that is reflective of the extensive People for Ponto citizen input the City and City Council has received since 2017. We love Carlsbad, and hope you truly see that love in the input we have provided. As always since 2017, we ask you to create a process to allow us to meet to have the open, honest, community discussion. Sincerely, Lance Schulte People for Ponto Carlsbad Citizen Copy: CA Coastal Commission Tammy Cloud-McMinn From: DeAnn Weimer <dweimer318@yahoo.com> Sent: Tuesday, November 17, 2020 11:57 AM To: City Clerk; Council Internet Email; Council Internet Email; Matthew Hall Subject: Item #8 Veterans Park November 17, 2020 Mayor Hall and City Council members, All Receive - Agenda Item # For the Information of the: CITY COUNCIL Date I) h "") CA CC -- CM V-ACM ---DCM (3) Citizens For North County (CNC) is shocked by the inclusion on today's agenda of Item #8, the resolution to extend and amend the contract for the proposed Veterans Park at this time. Surely our priority in this moment is to provide as much open space, park and recreational opportunities in our neighborhoods as possible. Our Covid Pandemic has highlighted this need. Similarly the need for open space and alternative community circulation opportunities-- not dependent upon fossil fuels--could not be more critical. We need outperforming assets in this community to preserve our community. We need stewardship of our resources. We need the biggest bang for our buck in the shortest time frame. This $1.3 million could bring to completion or near to completion actual trails, while simultaneously meeting city circulation needs and benefiting our clean air efforts. Let us earmark these funds for readily achievable goals, that is: Hub Park and Ponto Park. Veterans Park can accomplish none of these goals as well and within a reasonable time frame, and carries with it a minimum $23 million commitment that will not give us the returns we need today. CNC respectfully reminds the council that the completion of the even longer-promised HUB Park around the Agua Hedionda Lagoon represents not just a way to heal this community following the Caruso debacle, but also to deliver on the ability to feasibly link this community's currently disjointed trails system and make it a true part of the circulation element. And it can be done, dusted and utilized in a matter of months. Additionally, let us remember that it was a mistake by the city that created the Ponto parkland shortfall. This is an error that is negatively impacting citizens today, yesterday and into the future. The urgency to correct it far outweighs the pressure to create a park in a location no one can reach except via a motorized vehicle. CNC urges you to do the prudent thing, the fiscally responsible thing. Remove this item from the agenda and replace it next week with items providing additional funds for the completion of HUB park on an accelerated time frame, and an allocation to purchase the land needed for the Ponto Park. Thank you. Regards, De'Ann Weimer, on behalf of Citizens For North County 1