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HomeMy WebLinkAboutWimmer, Yamada and Caughey; 2003-07-10; PWENG396PWENG396 AMENDMENT NO. 11 TO AGREEMENT FOR ALGA NORTE COMMUNITY PARK (WIMMER, YAMADA, AND CAUGHEY) This Amendment No. 11 is entered into and effective as of the Q<* day of 2009, amending the agreement dated July 10, 2003 (the "Agifee'rhent") by and between the City of Carlsbad, a municipal corporation, ("City"), and Wimmer, Yamada, and Caughey, a California corporation ("Contractor") (collectively, the "Parties") for professional design services for the Alga Norte Community Park. RECITALS A. On June 3, 2004, the Parties executed Amendment No. 1 to the Agreement to include additional services for off-site grading analysis, kitchen consulting services, and traffic engineering; and B. On August 17, 2004, the Parties executed Amendment No. 2 to include additional traffic engineering services for intersection capacity analysis; and C. On February 8, 2005, the Parties executed Amendment No. 3 to include an alternate energy systems feasibility analysis; and D. On November 21, 2005, the Parties executed Amendment No. 4 to include additional park design services; and E. On February 2, 2006, the Parties executed Amendment No. 5 to include additional services for the alternate energy systems feasibility analysis - Task 2 and an update of 50% level probable construction cost; and F. On July 11, 2006, the Parties executed Amendment No. 6 to extend the Agreement for a period of two (2) additional years ending on July 10, 2008; and G. On January 11, 2007, the Parties executed Amendment No. 7 to add LEED Consulting Services, alternate energy systems, Title 24 / 2005 building energy efficiency standards compliance, aquatic complex theming study, kitchen facility within aquatics complex, striping plan on Alicante Road, revisions to title blocks, miscellaneous utility services revisions, revised stormwater compliance, revised design of new cabana communication and data systems, and downsize of emergency generator; and H. On April 5, 2007, the Parties executed Amendment No. 8 to add earthwork calculations and remedial grading plan, storm drain redesign, sewer redesign, conversion to alternate chlorine gas scrubber model, electric strike controls at doorways, deletion of mop sink, single door to Building No. 3, card strike at gym, substitute Z lockers with 3-tier lockers, viewing window to gas chlorine room, emergency shower and eye wash, sealed concrete floors, outdoor refrigerator, hose bibs, PA system for pool complex, revise fire pipe risers, include shut-off valves to buildings, hoist beam in maintenance room, recycled water to restrooms, and reproduction cost; and City Attorney Approved Version #05.22.01 I. On April 9, 2008, the Parties executed Amendment No. 9 to add the work to remove the aquatic recreational components and associated infrastructure from the plans and specifications, redesign the previous footprint area planned for the aquatic recreational components, conform the plans and specifications to incorporate the addenda items issued to bidders during the previous bid period for the Alga Norte Community Park, update the project cost estimate, add for second bid phase RFI's, preparation of any addenda and other revisions required to respond to bidder questions and comments; and J. On March 20, 2009, the Parties executed Amendment No. 10 to provide a proposal to update the Alga Norte Assumption of Probable Costs to reflect current market values at non-prevailing wage rates; and K. The Parties desire to alter the Agreement's scope of work to update the Alga Norte Community Park Assumption of Probable Costs to reflect current market values at non- prevailing wage rates using current park design bid documents issued to City in July of 2008; and L. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee; and M. The Agreement expires on July 9, 2010, and the parties desire to extend it for a period of two (2) additional years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. 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". 2. City will pay Contractor for all work associated with those services described in Exhibit "A", as shown below, not to exceed a total of one hundred forty seven thousand five hundred dollars ($147,500). • Preparation of Grading Bid Documents - Lump sum fee $89,000 • Bid Phase - Hourly not to exceed $12,000 • Oversight of Construction Administration and Record Drawings o Oversight of Construction Administration - Hourly not to exceed $25,000 o Record Drawings - Lump sum fee $5,500 • Remedial Grading Field Verification - Hourly not to exceed $16,000 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. 3. Contractor will complete all work described in Exhibit "A" by July 9, 2012. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 2 6. 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. CONTRACTOR WIMMER, YAMADA, AND CAUGHEY a Califoi/ CITY OF CARLSBAD, a corporation^ the State of' *By: (sign here) / , /W- LJUt'l (print name/titleX/ or Mayor (print name/tifle) 'VU&-C*. ail address)^ If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President "Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: MJL Deputy City Attorney City Attorney Approved Version #05.22.01 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of fc Date personally appeared Tfc£flt# before me, W DHere Insert Name and Title of the Officer <* ^^yi/-/" /U - Name(s) of Signer(s) CHRISTOPHER 0. ROTH Commission # ] 735339 Notary Public - California I San Diego County 5 f who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4e/are subscribed to the within instrument and acknowledged to me that .be/she/they executed the same in -hio/her/their authorized capacity(ies), and that by ius/hen'their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my Signature official seal. iignature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Al/9.Al<3<\ Abf-fl Number of Pages: q Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: THrtTV^kr U). I Q D Individual tt"'Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: V RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual •S-Corporate Officer — Title(s): jd D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here O2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder:CallToll-Free 1 -800-676-6827 EXHIBIT "A" Wimmer Yamada -^ C : ; U Caughey June 2, 2009 Bill Plummer City of Carlsbad-Faraday Center 1635 Faraday Avenue Carlsbad, CA 92008 Project: Alga Norte Community Park Re: Additional Service Request for Development of Site Mass Grading Only Bid Documents- update#2 Dear Bill: As requested we have prepared the following proposal to prepare a mass grading bid document set for the purpose of bidding and constructing the mass grading and earthwork for Alga Norte Community Park. This effort includes revising plans within the current bid document set and reformatting as a single task bid package for site grading. Plan revisions include modifications to Title sheets, Grading plans, Erosion Control plans, Utility Plans, relevant Specification sections, SWPPP, and the Storm Water Management Plan to allow for separate bidding of the grading work. The following describes the work tasks to be completed for this effort. I. General Scope of Services A. Preparation of Grading Bid Documents RE Berg Engineering; • Attend up to (3) three team coordination meetings. • Visit site for existing conditions verifications changed since July 2007. • Coordinate most recent City of Carlsbad regulations, specifications, standards, and plans. • Prepare an updated Storm Water Mitigation Plan (SWMP) in accordance with the City of Carlsbad's Standard Urban Storm Water Mitigation Plan (SUSMP) requirements. The SWMP will include the project description, vicinity map, site map, pollutants and conditions of concern, best management practices (BMP), and maintenance mechanism. Attend (1) one meeting with City staff to discuss the BMP's. Process the SWMP through the City of Carlsbad. • Prepare an updated SWPPP in compliance with the State of California Water Resource Control Board (SWRCB) permit that is to be adopted in the fall of 2009 and the City of Carlsbad's requirements. The SWPPP preparation will include the following items: a Notice of Intent, along with a topographic map and spreadsheet to comply with the New and Re-Development Water Balance Performance Standard, a Alga Norte Community Park Grading Plan Bid Documents - Design Update Proposal May 19,2009 \o Wimmer Yamada Caughey Tier 3 Construction SWPPP and Water Pollution Control Drawing, as well as the design/sizing of the temporary desiltation basins to handle sediment control during construction. This document will be edited and supplemented by the contractor selected by the City during construction. The selected Contractor will need to file a Notice of Intent with the SWRCB prior to construction and insert their construction schedule into the SWPPP. Remedial grading plans will utilize existing E size plans contained in previous approved bid document set. Plans will be checked for further verification in accordance with the requirements of the City of Carlsbad and delineate the limits & grading of the existing soil stockpile on site & its relation to the proposed mass grading project. Grading and drainage plans will utilize existing E size plans contained in previous approved bid document set. Plans will be checked for further verification in accordance with the requirements of the City of Carlsbad and will delineate the proposed grading associated with the mass grading of the site, the proposed bio- swale along Alicante Road, and other associated site grading and drainage features required to mitigate storm water runoff. Storm drain plans and drainage plans will utilize existing E size plans contained in previous approved bid document set. Plans will be checked for further verification in accordance with the requirements of the City of Carlsbad and will delineate the detailed design information of the proposed storm drain system and its associated appurtenances. Storm drain profiles will utilize existing E size plans contained in previous approved bid document set. Plans will be checked for further verification in accordance with the requirements of the City of Carlsbad and will delineate the proposed storm drain system in profile view, detail its relation to existing and proposed grade, and depict existing and proposed utility crossings required as a result of the proposed design. Erosion control plans will utilize existing E size plans contained in previous approved bid document set. Plans will be checked for further verification in accordance with the requirements of the City of Carlsbad and will delineate the proposed erosion control standards & BMPs associated with the proposed mass grading design. Verify changes to site civil quantities and modify current estimate for grading as required. Plans as completed and modified for this effort will be primarily based on the latest Green Book, the City of Carlsbad's Standards, and the Regional Standard Drawings. Items not covered by these documents will be included in the technical specifications based on the CSI format. Ninyo and Moore; Provide Construction Document and Specification review to ensure grading and earthwork compliance with the project Geotechnical Report. Alga Norte Community Park Grading Plan Bid Documents - Design Update Proposal May 19,2009 Wimmer Yamada - (J'iu Caughey Wimmer Yamada and Caughey; • Management and coordination of sub-consultant's work to revise plans and specifications • Design coordination between City of Carlsbad and design team. • Preparation of temporary erosion control hydroseed plans and specifications for slope stabilization. • Submittal of documents to City for review and comment/revision coordination. • Upon acceptance of the documents by the City, preparation of final bid set for mass grading. B. Bid Phase RE Berg Engineering: • The Civil Engineer will coordinate with the Contractor, the City, and other team members, and provide them with updated civil backgrounds in digital format for bidding purposes. • Civil Engineer will attend Pre-Bid Conference with the City & contractors selected to bid on the Alga Norte mass grading project. The engineer will respond to contractor questions regarding the mass grading & storm drain design. • Civil Engineer will respond to formal requests for information made by various contractors during the Pre-Bid Conference of the proposed mass grading project. Wimmer Yamada and Caughey; • WYAC will attend the Pre-Bid Conference with the City & contractors selected to bid on the Alga Norte mass grading project. • WYAC will provide Bid Phase Support answering RFI's, preparation of bid addenda, and review of bids as requested. C. Oversight of Construction Administration and Record Plans RE Berg Engineering; • The Civil Engineer will review the contractor's submittals and respond to RFI's from the contractor. • The Civil Engineer will provide construction administration oversight and coordination including attendance at pre-construction conference and site construction meetings on an hourly basis as needed. • The Civil Engineer will prepare final "Record" plans based on information provided by the contractor. Alga Norte Community Park Grading Plan Bid Documents - Design Update Proposal May 19,2009 Wimmer Yamada Caughey Wimmer Yamada and Caughey: • WYAC will provide construction administration oversight and coordination including attendance at pre-construction conference and site construction meetings on an hourly basis as needed. • Coordination of final acceptance documentation and preparation of final Grading Record Drawings for submission to the City of Carlsbad. D. Remedial Grading Field Verification RE Berg Engineering; • The Civil Engineer will perform site visits to survey remedial grading surface elevations at various stages of the mass grading process. This work to be completed on an hourly basis within the fee allowance as described. Additional time that exceeds this allowance will be billed in addition to the client as required and pre- approved. • Utilizing the grading elevations obtained from the site visits above, the civil engineer will perform calculations & modeling in AutoCAD to verify the earthwork quantities being estimated by the contractor in awarded bid & change orders to the City. E. Assumptions and Exclusions • For the purpose of this Fee Proposal, we assume (1) one design review submittal to the City of Carlsbad with a second follow-up submittal to confirm comments and revisions have been adequately responded too. Additional submittals beyond this will require approval of additional services. • Plans will include only temporary stormwater and BMP improvements to mitigate stormwater on the mass graded site. • Upon completion of grading and final acceptance of the graded site, regular maintenance of stormwater improvements and BMPs will be the responsibility of the City of Carlsbad. • Landscape related measures to mitigate stormwater on slopes will include non- irrigated hydroseed for slope stabilization. • Plans will not include potable or non-potable water service connections or meters. • Preparation of one (1) bid set mylars and reports is included in fee. • Environmental Remediation is not included. • Permit fees are not included. • Final mapping is not included. • Additional reimbursable expenses beyond the preparation of the bid set mylars including printing, copying, postage and delivery, travel, etc. are in addition to the fees listed above and will be charged on a direct cost basis plus fifteen percent (15%). Alga Norte Community Park Grading Plan Bid Documents - Design Update Proposal May 19,2009 13 WimnerYamada 5 Of' Caughey II. Fee Schedule A. Preparation of Grading Bid Documents (All consultants) Lump sum fee $89,000 B. Bid Phase (All Consultants) Hourly not to exceed $12,000 C. Oversight of Construction Administration and Record Drawings (All Consultants) a. Oversight of Construction Administration Hourly not to exceed $25,000 b. Record Drawings Lump sum fee $5,500 D. Remedial Grading Field Verification (Berg Civil) Hourly not to exceed $16,000 Wimmer Yamada and Caughey's 2009 Hourly Rate Schedule for hourly work and additional services not described within our scope of work is: Senior Principal $245/hr Senior Engineer $225/hr Principal / Senior Project Director $205/hr Senior Associate Project Manager $155/hr Associate Proj ect Manager $ 13 5/hr Landscape Designer $ 115/hr Media Coordination / Design Support $95/hr CAD Support I $85/hr CAD Support II $75/hr Clerical $75/hr Please feel free to call me directly should you have any questions regarding the specific work tasks or fee schedule as outlined. Thank you again for giving Wimmer Yamada and Caughey the privilege to work with the City of Carlsbad on the Alga Norte Community Park project. Sincerely, WIMMER YAMADA AND CAUGHEY Pat Caughey RLA, FASLA President cc: Chris Langdon, Jennifer Caughey - WYAC File: 03-002.001, Contract admend. Req-Ltr-Mass Grading-REW2, 06-2-09, BP, pc.doc Alga Norte Community Park Grading Plan Bid Documents - Design Update Proposal May 19,2009 PWENG396 AMENDMENT NO. 10 TO AGREEMENT FOR ALGA NORTE COMMUNITY PARK (WIMMER, YAMADA, AND CAUGHEY) Amendment No. 10 is entered into and effective as of the < day of , 2009, amending the agreement dated July 10, 2003 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Wimmer, Yamada, and Caughey, a California corporation ("Contractor") (collectively, the "Parties") for professional design services for the Alga Norte Community Park. RECITALS A. On June 3, 2004, the Parties executed Amendment No. 1 to the Agreement to include additional services for off-site grading analysis, kitchen consulting services, and traffic engineering; and B. On August 17, 2004, the Parties executed Amendment No. 2 to include additional traffic engineering services for intersection capacity analysis; and C. On February 8, 2005, the Parties executed Amendment No. 3 to include an alternate energy systems feasibility analysis; and D. On November 21, 2005, the Parties executed Amendment No. 4 to include additional park design services; and E. On February 2, 2006, the Parties executed Amendment No. 5 to include additional services for the alternate energy systems feasibility analysis - Task 2 and an update of 50% level probable construction cost; and F. On July 11, 2006, the Parties executed Amendment No. 6 to extend the Agreement for a period of two (2) additional years ending on July 10, 2008; and G. On January 11, 2007, the Parties executed Amendment No. 7 to add LEED Consulting Services, alternate energy systems, Title 24 / 2005 building energy efficiency standards compliance, aquatic complex theming study, kitchen facility within aquatics complex, striping plan on Alicante Road, revisions to title blocks, miscellaneous utility services revisions, revised stormwater compliance, revised design of new cabana communication and data systems, and downsize of emergency generator; and H. On April 5, 2007, the Parties executed Amendment No. 8 to add earthwork calculations and remedial grading plan, storm drain redesign, sewer redesign, conversion to alternate chlorine gas scrubber model, electric strike controls at doorways, deletion of mop sink, single door to Building No. 3, card strike at gym, substitute Z lockers with 3-tier lockers, viewing window to gas chlorine room, emergency shower and eye wash, sealed concrete floors, outdoor refrigerator, hose bibs, PA system for pool complex, revise fire pipe risers, include shut-off valves to buildings, hoist beam in maintenance room, recycled water to restrooms, and reproduction cost; and City Attorney Approved Version #05.22.01 I. On April 9, 2008, the Parties executed Amendment No. 9 to add the work to remove the aquatic recreational components and associated infrastructure from the plans and specifications, redesign the previous footprint area planned for the aquatic recreational components, conform the plans and specifications to incorporate the addenda items issued to bidders during the previous bid period for the Alga Norte Community Park, update the project cost estimate, add for second bid phase RFI's, preparation of any addenda and other revisions required to respond to bidder questions and comments. J. The Parties desire to alter the Agreement's scope of work to update the Alga Norte Community Park Assumption of Probable Costs to reflect current market values at non- prevailing wage rates using current park design bid documents issued to City in July of 2008. K. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. L. The Agreement expires on July 10, 2010. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. 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". 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed twelve thousand five hundred dollars ($12,500). 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. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 5. 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. CONTRACTOR WIMMER, YAMADA, AND CAUGHEY a California corporation (print name/title) *F&&yct\ 1 (e-mSfl address) (print name/tffJe) v(a/mail address)' CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: /.ORRA^IE M 'City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President "Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:.U 'eputy City Attorney City Attorney Approved Version #05.22.01 EXHIBIT "A" Patrick W. Otuglx? RljV, 1'ASJ.A Joseph Y.Ynmdsi R1A, FASLA Harriett B. Winuncr FASLA yamada Caughey January 23, 2009 Skip Hammann City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Project: Re: Dear Skip: We have been requested by you to provide a proposal to update the Alga Norte Assumption of Probable Costs to reflect current market values at non-prevailing wage rates. The estimate will be based on the current park design per bid documents issued to the City in July of 2008. I. General Scope of Services Review and update the 2007 Assumption of Probable Costs based on current market values at non-prevailing wage rated. This assumption of probable construction costs will be in the 16 Division CSI format, and shall include a project summary, combined estimate, and an appendix with contributing disciplines. Assumptions and Exclusions; • Reimbursable expenses, including printing, copying, postage and delivery, travel, etc. are in addition to the fees listed above and will be charged on a direct cost basis plus 15%. Lump Sum Fee: $12.500 6l9.25Z.O640 ww\v. uy;i o. co firi 3067 Fifth Avenue, San Diego. CA 91103.5840 WimmerYamada Caughey We have enjoyed a very successful and productive working relationship with your office, the City Council, and other City staff members over the past six years on this project. Please feel free to call me directly should you have any questions regarding the specific work tasks or fee schedules as outlined. Thank you again for giving Wimmer Yamada and Caughey the privilege to work with the City of Carlsbad on the Alga Norte Community Park project. Sincerely, WIMMER YAMADA AND CAUGHEY Chris Langdon RLA, ASLA Senior Associate cc: Pat Caughey - WYAC File: 03-002,ContractAmdmtReq-Ltr-2009CostEstUpdate,012309,SH,cl.doc AMENDMENT NO. 9 TO AGREEMENT FOR ALGA NORTE COMMUNITY PARK (WIMMER, YAMADA, AND CAUGHEY) This Amendment No. 9 is entered into and effective as of the y* _ day of ^)\X-S) _ , 2008, amending the agreement dated July 10, 2003 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Wimmer, Yamada, and Caughey, ("Contractor") (collectively, the "Parties") for Alga Norte Community Park. RECITALS A. On June 3, 2004, the Parties executed Amendment No. 1 to the Agreement to include additional services for off-site grading analysis, kitchen consulting services, and traffic engineering; and B. On August 17, 2004, the Parties executed Amendment No. 2 to include additional traffic engineering services for intersection capacity analysis; and C. On February 8, 2005, the Parties executed Amendment No. 3 to include an alternate energy systems feasibility analysis; and D. On November 21, 2005, the Parties executed Amendment No. 4 to include additional park design services; and E. On February 2, 2006, the Parties executed Amendment No. 5 to include additional services for the alternate energy systems feasibility analysis - Task 2 and an update of 50% level probable construction cost; and F. On July 11, 2006, the Parties executed Amendment No. 6 to extend the Agreement for a period of two (2) additional years ending on July 10, 2008; and G. On January 11, 2007, the Parties executed Amendment No. 7 to add LEED consulting services, alternate energy systems, Title 24 / 2005 building energy efficiency standards compliance, aquatic complex theming study, kitchen facility within aquatics complex, striping plan on Alicante Road, revisions to title blocks, miscellaneous utility services revisions, revised stormwater compliance, revised design of new cabana communication and data systems, and downsize of emergency generator; and H. On April 5, 2007, the Parties executed Amendment No. 8 to add earthwork calculations and remedial grading plan, storm drain redesign, sewer redesign, conversion to alternate chlorine gas scrubber model, electric strike controls at doorways, deletion of mop sink, single door to Building No. 3, card strike at gym, substitute Z lockers with 3-tier lockers, viewing window to gas chlorine room, emergency shower and eye wash, sealed concrete floors, outdoor refrigerator, hose bibs, PA system for pool complex, revise fire pipe risers, Include shut-off valves to buildings, hoist beam in maintenance room, recycled water to restrooms, and reproduction cost; and City Attorney Approved Version #05.22.01 I. The Parties desire to alter the Agreement's scope of work to remove the aquatic recreational components and associated infrastructure from the plans and specifications, redesign the previous footprint area planned for the aquatic recreational components, conform the plans and specifications to incorporate the addenda items issued to bidders during the previous bid period for the Alga Norte Community Park, update the project cost estimate, add for second bid phase RFI's, preparation of any addenda and other revisions required to respond to bidder questions and comments; and J. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee; and K. The Agreement expires on July 10, 2008, and the Parties desire to extend it for a period of two additional years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. 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". 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed two hundred thirty eight thousand four hundred ninety three dollars ($238.493). 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. 3. The Agreement, as may have been amended from time to time, is hereby extended for a period of two years ending on July 10, 2010. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 6. 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. CONTRACTOR WJMMER, TOMADArtf^fD CAUGHEY r/—• ^^- ^(sign 5BAD, a munjcioal tate ofX^Wornia xity'lvTartager or Mayor (print nameftltle) ATTEST: 4->\ w (ehmairaddressf ^ y // (sign here) LORRAINE M. WOOD City Clerk s(YM £, (print ~^ (e^nail Address) ^ If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President *Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: R. BALL, City Attorney B City Attorney Approved Version #05.22.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _Jf->^^ On Date personally appeared before me,^x< HeT^Ttrfsert Name and Title of the Officer Namefs)ofsfgmjr(s) 1ComnriMion* 1708*31 Notory fubflc - CoMomio | Mvmki* County I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. , Place Notary Seal Above WITNESS my hand ajjcLpffiqi^l seal. Signature _./ '. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: < Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Individual n Corporate Officer—Title(s): D Partner — n Limited D General O Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: VQCV^'N <Jv^, v- Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here EXHIBIT "A" SCOPE OF SERVICES AND FEE City Attorney Approved Version # 05.22.01 Patrick W. Caughcv RLA, FASLA ATTACHMENT "A" Joseph Y.YamadaRLA, FASLA Harriett B.Wimmcr FASLA WimmerYamada Caughey March 18, 2008 Skip Hammann City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Project: Alga Norte Community Park Redesign Bid Phase Re: Fee Proposal Dear Skip: We have been requested by you to provide a proposal to modify the Bid level construction documents so that the recreational components within the aquatics complex will be deferred from the initial construction contract. These recreational components will be replaced with a landscaped passive use recreation area. Therefore, following is a description of the potential work to be accomplished, as to our understanding of your request. I. General Scope of Services Remove from the 100% Level CDs within the Affected Area: • Aquatic recreational components and associated infrastructure (water slides and slides receiving pool, moving river, and children's wet play area). • Re-design of associated pool mechanical equipment. • Hardscape affected by recreational components. • Artificial turf areas affected by recreational components. • Site furnishings (tensile fabric shade structures, drinking fountains, and trash receptacles). • Public art placeholders (ceramic beach towels and "towel stack" benches). • Irrigation system. • Plantings. Wimmer Yamada •^JOlCaughey Redesign within the Previous Footprint of Recreational Components: • Preparation of schematic design concepts for review with City staff to determine direction for final design. • Hardscape areas, including pool decking and concrete pathways. • Grading / storm water conveyance. • Site lighting. • Site Furnishings • Irrigation system. • Plantings. II. Specific Scope of Services by Discipline Wimmer Yamada and Caughey (Landscape Design - Prime Consultant) Conform Addenda from Previous Bid: Wimmer Yamada and Caughey (WYAC) will incorporate landscape related addenda from previous bid into construction documents. Construction Document Revisions: • Working with design team, develop (3) three concepts for the removal of the pool recreational components. New design concepts will incorporate a passive lawn recreation area for general park and special event use. • Wimmer Yamada and Caughey will meet with City staff to discuss concepts and decide on concept for final design. • Coordinate the construction document revisions and implementation of the new design with the design team. • Coordinate pool plan re-submittal to County DEH for re-review and approval and attend coordination meeting with DEH if necessary. • Revise landscape hardscape, irrigation, and planting plans as necessary. • Re-submit recycled water irrigation plans to DEH for re-review and approval. Cost Estimating: • Coordinate updates to cost estimate quantities and unit costs with team and Construction Analysts for update to project cost estimate. Alga Norte Community Park-Redesign & Bid Phase Proposal March 18, 2008 Page 2 of 9 Wimmer Yamada Bid Phase: • Attend Pre-Bid meeting. • Coordinate bid phase RH, addenda, and revisions with design team. • Provide RFI responses, addenda, and revisions related to landscape hardscape, irrigation, and planting design as necessary. Aquatic Design Group (Pool Design) Revision to Sheets per City Direction: Title Block Revisions 8 Hours DP-I 4 Hours DP-2 16 Hours PP-I 6 Hours PP-2 16 Hours CP-2 2 Hours CP-3 2 Hours EP-2 6 Hours IP-3 2 Hours WP-I 1 Hour CR-IO 1 Hour, Detail moved to CP Sheets MR-I 16 Hours MR-2 16 Hours MR-5 2 Hours MR-6 4 Hours (Incorporate into MR-5) MR-7-+MR-6 4 Hours Sheets Deleted RP-I, RP-2, RP-3, AP-I, AP-2, AP-3, AP-4, CR-I, CR-2, CR-3, CR-4, CR-5, CR-6, CR-7, CR-8, CR-9, CR-I 0, CR-H Specifications 28 Hours Incorporation of previous Addenda items Meetings Re-Bidding/Meetings/Addenda Alga Norte Community Park-Redesign & Bid Phase Proposal March 18,2008 Page 3 of 9 yyimuieiYamada Architects Hanna Gabriel Wells (Architecture, includes Scope for building MEP and kitchen consultant) Meetings and Programming: Architect shall: • Attend a maximum of three (3) Team meetings. • Collect input from City Staff regarding the division of Kitchen equipment into Phase I and Phase H Forward confirming sketches of planned modifications to City Staff for approval prior to implementation in Construction Documents. Client or City shall be responsible for providing meeting minutes to Team. Construction Document Phase Architect shall: • Update existing construction documents (plans and specifications) to reflect the following: 1. Phasing of Kitchen Equipment 2. Modifications to one ticket Kiosk 3. Integration of all Addenda from previous bid cycle. 4. Integration and coordination of consultant modifications into Construction Documents. 5. Modifications to Kitchen plans for County Health 'Plan Revision' City shall be responsible for providing meeting minutes to Team. Cost Estimating Architect shall: • Provide cost estimator with electronic files of plans and specification as required for their estimating purposes Permit Plan Review Architect shall: • Provide Plan processing with the County of San Diego Health Department to process a 'Plan Revision' for the Kitchen area based upon changes from a Snack-bar concession type kitchen to a catering type kitchen. Alga Norte Community Park-Redesign & Bid Phase Proposal March 18,2008 Page 4 of 9 Wimmer Yamada -~-JHL Caughey • Permit processing for all other building department, planning department or design review processes is not included in this proposal. Bidding Architect shall: • Upon Client's approval Architect shall submit Construction Documents in electronic format to WYAC for use in issuing Bid Documents. • Architect shall address all Bid RFI's and issue Addenda as directed by WYAC and/or City of Carlsbad. • Architect will not attend pre-bid conferences, or bid selection proceedings. LSW Engineers (Site MEP) Meetings and programming: Electrical & Plumbing consultant shall: • Attend a maximum of two (2) Team meetings with one staff member. • Collect input from City Staff and Architect regarding the new turf area and lighting requirements. Construction Document Phase Mechanical Electrical & Plumbing consultant shall: • Update existing construction documents (plans and specifications) to reflect the following: 1. Phasing of site utilities to the pools and lazy river. 2. Phasing of the pool equipment electrical branch circuiting and re- circuiting of panels to balance loads between phases as shown on the site plan. 3. Phasing of plumbing services to drinking fountains and other site utilities. 4. Integration of all Addenda from previous bid cycle. Cost Estimating Mechanical Electrical & Plumbing consultant shall: • Provide cost estimator with electronic files of plans and specification as required for their estimating purposes. Alga None Community Pmk-Redesign & Bid Phase Proposal March 18,2008 Page 5 of 9 Wlmmer Yamada ann Caughey Permit Plan Review Mechanical Electrical & Plumbing consultant shall: " Submit plan review corrections to the architect as required for permit. Bidding Mechanical Electrical & Plumbing consultant shall: • Upon Client's approval consultant shall submit Construction Documents in electronic format to Architect for use in issuing Bid Documents. • Consultant shall address all Bid RFI's and issue Addenda as directed by Architect and/ or City of Carlsbad. • Consultant will not attend pre-bid conferences, or bid selection proceedings. R.E. Berg Engineering (Civil) • Aquatics Complex - we will revise the civil drawings pertaining to the Aquatic Center based on the approved Concept Design prepared by your office. We will revise the civil specifications and update the civil portion of the project cost estimate. It is our opinion that the Hydrology Study and Water Quality Technical Report will not require revisions based on the scope of the changes discussed at the meeting last week. • Bid Revisions - we will revise civil drawings for the subject project based on the RFI's received during the previous bid process and the addendums issued by the City of Carlsbad. • Bid Questions - we will respond to RFI's from the contractor's during the new bid period. Construction Analysts, Inc. (Cost Estimator) Complete a 100% Construction Documents level estimate in the 16 Division CSI format including incorporating the other estimates provided by the architect and consultants. The estimate will cover any redesign of the Aquatic Complex drawings, updating the unit pricing for the entire project and review of the revised project. AI>;a None. Community Park-Redesign & Bid Phase Proposal Ma-sh 18,2008 Page 6 of 9 Yamada Drew George and Partners (LEED Consultant) Provide LEED Consulting Services to support the Owner and Design Team during the Redesign and Bid Phases of the project. We will provide our LEED expertise and project management services to help integrate the desired LEED requirements into the project, always striving to add more value to the project and representing the Owner's best interest. While we cannot guarantee that the project will achieve LEED Certification, as the process requires a team effort and many matters are outside our control, our company's approach and services have successfully achieved the desired level of certification on every project we have submitted to USGBC to date. Assumptions and Exclusions: • A design replacement composed of concrete pathways and planting areas will be coordinated with City staff, to provide the best solution for the area within the desired cost range. • Maximum of four meetings with City staff to coordinate and resolve new design. • Redesigned area to include only minor hardscape improvements (such as concrete pathways), site lighting for safety purposes, irrigation system, and planting areas. • No change to buildings / architectural components or sizes. • No change to fixture counts (toilets, showers, sinks). • No additional site furnishings beyond trash receptacles, benches, and picnic tables. • No coordination with the Public Artist (Paul Hobson), other than the removal of the ceramic beach towels shown in the 100% level CDs. • Processing of plan reviews to San Diego County DEH only for pool design and recycled water irrigation design. • Reimbursable expenses, including printing, copying, postage and delivery, travel, etc. are in addition to the fees listed above and will be charged on a direct cost basis plus 15%. This includes printing of bid set mylars as well. A!ga Norte Community Park Redesign & Sid fhsse Proposal March 18,2008 Page 7 of 9 WimnerYamada and~~~—^__^' Caughey III. Fee Schedule Conformation of Previous Bid Addenda Wimmer Yamada and Caughey $ 6,5QO.OO Aquatic Design Group $ 3,600.00 Architects Hanna Gabriel Wells $ 2,500.00 (Includes building Structural, MEP, and Kitchen) LSW Engineers $ 1,000.00 (Includes Site Electrical and Plumbing) R.E. Berg Engineering $ 1,200.00 Re-Design and Construction Documents Wimmer Yamada and Caughey $ 55,000.00 Aquatic Design Group $ 23,700.00 Architects Hanna Gabriel Wells $ 25,987.00 (Includes building Structural, MEP, and Kitchen) LSW Engineers $ 5,050.00 (Includes Site Electrical and Plumbing) R. E. Berg Engineering $ 8,800.00 Construction Analysts, Inc. $ 10,000.00 Drew George and Partners $ 7,900.00 Bid Phase Wimmer Yamada and Caughey $ 14,500.00 Aquatic Design Group $ 9,500.00 Architects Hanna Gabriel Wells $ 16,190.00 (Includes building Structural, MEP, and Kitchen) LSW Engineers $ 4,500.00 (Includes Site Electrical and Plumbing) R.E. Berg Engineering $ 2,000.00 Total for New Design Services $ 197,927.00 Outstanding Invoice from Previous Bid Phase $ 40,566.22 Grand Total Fee Proposal $ 238,493.22 Alga Norte Communuy Park-Redesign & Bid Phase Proposal March 18, 2008 Page 8 of 9 iiii! Yamada w!•-~^, ^'^ Caughey Wimmer Yamada and Caughey's 2008 Hourly Rate Schedule for Additional Services not described within our Scope of Work is: Senior Principal $245/hr Principal / Senior Project Director $205/hr Senior Associate Project Manager $ 155/hr Associate Project Manager $ 135/hr Landscape Designer $ 115/hr Media Coordination / Design Support $95/hr CAD Support I $85/hr CAD Support H $75/hr Clerical $75/hr *Sub-consultants hourly rate schedules can be provided upon request. We have enjoyed a very successful and productive working relationship with your office, the City Council, and other City staff members over the past five years on this project. Please feel free to call me directly should you have any questions regarding the specific work tasks or fee schedules as outlined. Thank you again for giving Wimmer Yamada and Caughey the privilege to work with the City of Carlsbad on the Alga Norte Community Park project. Sincerely, WIMMER YAMADA AND CAUGHEY Pat Caughey RLA, FASLA President cc: Chris Langdon, WYAC Jennifer Caughey, WYAC File: 03-002.0Cl,CoiilractAmdmtReq-Llr-DeferRecComponents,03-18-08.SH,pc.doc Alga Noite Community Park-Redesign & Bid Phase Proposal March 18,2008 Page 9 of 9 AMENDMENT NO. 8 TO AGREEMENT FOR ALGA NORTE COMMUNITY PARK (WIMMER, YAMADA, AND CAUGHEY) This Amendment No. tf is entered into and effective as of the ^ _ day of <^#-tt> _ , 2007, amending the agreement dated July 10, 2003 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City), and Wimmer, Yamada, and Caughey, ("Contractor") (collectively, the "Parties") for Alga Norte Community Park. RECITALS A. On July 3, 2004, the Parties executed Amendment No. 1 to the Agreement to include additional services for Off-Site Grading Analysis, Kitchen Consulting Services, and Traffic Engineering; and B. On August 17, 2004, the Parties executed Amendment No. 2 to include additional Traffic Engineering services for Intersection Capacity Analysis; and C. On February 8, 2005, the Parties executed Amendment No. 3 to include an Alternate Energy Systems Feasibility Analysis; and D. On November 21, 2005, the Parties executed Amendment No. 4 to include Additional Park Design Services; and E. On February 2, 2006, the Parties executed Amendment No. 5 to include Additional Services for the Alternate Energy Systems Feasibility Analysis - Task 2 and an Update of 50% Level Probable Construction Cost; and F. On July 11 , 2006, the Parties executed Amendment No. 6 to extend the Agreement for a period of two (2) additional years ending on July 10, 2008; and G. On January 11 , 2007, the Parties executed Amendment No. 7 to add LEED Consulting Services, Alternate Energy Systems, Title 24 / 2005 Building Energy Efficiency Standards Compliance, Aquatic Complex Theming Study, Kitchen Facility Within Aquatics Complex, Striping Plan on Alicante Road, Revisions to Title Blocks, Miscellaneous Utility Services Revisions, Revised Stormwater Compliance, Revised design of New Cabana Communication and Data Systems, and Downsize of Emergency Generator; and H. The Parties desire to alter the Agreement's scope of work to add Earthwork Calculations and Remedial Grading plan, Storm Drain Redesign, Sewer Redesign, Conversion to alternate chlorine gas scrubber model, Electric Strike Controls at Doorways, deletion of Mop Sink, Single Door to Building No. 3, Card Strike at Gym, substitute Z Lockers with 3-Tier Lockers, Viewing Window to Gas Chlorine Room, Emergency Shower and Eye Wash, Sealed concrete Floors, Outdoor Refrigerator, Hose Bibs, PA System for Pool Complex, Revise Fire Pipe Risers, Include shut-off valves to Buildings. Hoist Beam in Maintenance Room, Recycled Water to Restrooms, and reproduction cost; and I. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. City Attorney Approved Version #05.22.01 1 NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1 . 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". 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed forty eight thousand two hundred dollars ($48,200). 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. 3. Contractor will complete all work described in Exhibit "A" by July 10, 2008. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 6. 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. (e-rbail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President "Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:._ )eputy City Attome - e^ City Attorney Approved Version #05.22.01 EXHIBIT "A" SCOPE OF SERVICES AND FEE Itemized List of what Contractor will do for City and at what price. City Attorney Approved Version # 05.22.01 "• Patrick W. Caughey RI.A, FASI..A Joseph Y.Yamada RLA, FASLA Harriett B.Wiimncr KASLA March 13, 2007 Revised March 19, 2007 William E. Plummer, P.E. City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Project: Alga Norte Community Park Re: Additional work tasks Dear Bill: As a result of the constructability review and the City's review of the 100% documents, several additional items and revisions have been requested of our design team which fall outside the original scope of services under the approved contract dated 7/10/03. The following is a summary of specific work tasks that have been requested which are in addition to the original scope of services. We ask that you review the additional tasks as requested along with the indicated fees and indicate how we should proceed. We are currently completing final revisions to those items which remain the team's responsibility as outlined in the original approved contract. To maintain our schedule to complete all revisions we will need to have direction on these additional tasks within the next week. We have abbreviated the summary to include the description of work tasks and one lump sum amount for labor and one amount for reprographic expenses. At your request we can provide additional breakdown of fees by task as necessary. Summary of Additional Scope and Fee Requests: 1. Earthwork Calculations and Remedial Grading Plan - Provide remedial grading plan indicating remedial grading locations as recommended by the Geotechnical Engineer. Recalculate quantities based on updated Geotechnical report. These are additional calculations and changes to completed grading plans as requested over and above those previously provided by the civil engineer. -,067 Filth Avenue, San Diego. CA 4iiO5.sS.io Wimmer 2. Storm Drain Redesign - Includes plan modifications to provide additional stormwater outlets to "bio-swale" along Alicante Road. Add an additional filter system at SE corner of site. Redesign pool deck drainage for connection to storm drain system with a low-flow bypass to direct normal pool deck water to sanitary sewer and major storm flows to the storm drain system. This includes additional plan changes to storm drainage as previously completed by the civil engineer. 3. Sewer Redesign - Realign sanitary sewer to avoid issues with maintenance vehicles driving over landscaped areas. This will require two points of connection to the sewer main in Alicante Road and the retrofitting of two existing standard manholes into drop manholes. This is a new request by the client to current alignment of the sewer line as previously completed by the civil engineer. 4. Conversion to Gas Chlorine Scrubber - As requested by Carl Pope- includes plan and specification modifications to provide an alternative gas chlorine scrubber model in lieu of the system as currently reflected on plans. This is a new request by the client which affects the civil, mechanical, architectural and pool design plans already completed. 5. Electric Strike Controls at Doorways - Add electric strikes to Bldg 2 lobby courtyard door, gate north of reception (Bldg 2), and gate at north end of Bldg 3 near picnic area (add security camera wiring conduit as well - camera not included - part of F.F.E. program by City). Add "buzz-in" button at reception desk for all 3 locations. Provide conduit for pass card reader at lobby courtyard door. These are additional components requested for security not originally requested by client. 6. Mop Sink - Eliminate mop sink and finishes at Bldg 2 janitor closet. This is a change from original direction provided by client. 7. Add Door - Add single door to Bldg 3 meeting room at center opening on north side. This is a change from original direction provided by client. 8. Card Strike at Gym - Wire gym for electric strike for future card reader in Bldg 2. This is a change from original direction provided by client. Alga Norte Community Park - Additional work tasks March 13, 2007 Rev March 19, 2007 Page 2 of 4 9. Replace Z Lockers - Replace Z lockers in girls and boys locker rooms with three tier lockers on north and south face on Bldg 3. This is a change from original direction provided by client. 10. Viewing Windows at Gas Chlorine Room - Add viewing windows to large Tiger doors in Bldg 1 Gas Chlorine room. This is a change from original direction provided by client. 11. Emergency Shower and Eyewash - Add emergency shower and eyewash in soda storage room and in Bldg 1 and slope floor to drain. This is a change from original direction provided by client. 12. Sealed Concrete Floors - Switch to sealed broom finish concrete floors in first aid room in Bldg 3. Add drain in room (coordination with plumbing.) Float cabinetry off floor. This is a change from original direction provided by client. 13. Outdoor Refrigerator - Remove window and create niche and covered area for an outdoor refrigerator on north side of Bldg 3. Relocate electric outlet. This is a change from original direction provided by client. 14. New Hose Bibs - Add new hose bib locations to Bldg 1, 2 and 3. This is a change from original direction provided by client. 15. PA System For Pool Complex - Revise plans and specifications to include a PA system for the pool complex to be controlled from a central location in Bldg 4. This is a change from original direction provided by client. 16. Fire Risers - Relocate fire risers to exterior of buildings. This is a change from original direction provided by client. 17. Shut-off Valves - Add shutoff valves to buildings. This is a change from original direction provided by client. 18. Hoist Beam in Maintenance Room - Add hoist beam in maintenance building over pump pit and revise structural design to accommodate maintenance services. Alga Norte Community Park - Additional work tasks March 13, 2007 Rev March 19, 2007 Page 3 of 4 19. Recycled Water Design to Restrooms - Provide recycled water to plumb toilets and urinals at all restrooms. This is a change from original direction provided by client and requires substantial effort to previously completed plans. Lump Sum Fee for above items; $17>000.00 $45.450.00 20. Reimbursable expenses - additional reproduction costs Additional print sets for submittal to County of San Diego Department of Environmental Health for both the pool and recycled plumbing plans and to the State of California Department of Environmental Health for the recycled plumbing plans. Lump Sum Fee for reprographics: $2.750.00 Grand Total: $19,750.00 $48.200.00 Please note, the above fees do not include plan check fees that will be required by the County of San Diego, Department of Environmental Health for recycled water plan check review and pool plan review. We will ask the City of Carlsbad to write checks directly to the County of San Diego at the time of the reviews. Please feel free to call me directly should you have any questions regarding the specific work tasks or fees as outlined. Sincerely, WIMMER YAMADA AND CAUGHEY Pat Caughey RLA, FASLA President cc: Brad Hilliker, Chris Langdon, Jennifer Caughey - WYAC File: 03-002, ContractAmdmtReq-Ltr-CMrvw, 03-12-07, BP, pc.doc Alga Norte Community Park - Additional work tasks March 13, 2007 Rev March 19, 2007 Page 4 of 4 RATIFICATION OF AMENDMENT NO. 7 TO AGREEMENT FOR ALGA NORTE COMMUNITY PARK (WIMMER, YAMADA, AND CAUGHEY) This Amendment No. 7 is entered into the // day of th3jr)/Jrt_h 200:1 , but effective as of the 1st day of May 2006, ratifying the amendment of th$ agreement dated July 10, 2003 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Wimmer, Yamada, and Caughey, ("Contractor") (collectively, the "Parties") for Alga Norte Community Park. RECITALS A. On June 3, 2004, the Parties executed Amendment No.1 to the Agreement to include additional services for Off-Site Grading Analysis, Kitchen Consulting Services, and Traffic Engineering; and B. On August 17, 2004, the Parties executed Amendment No. 2 to include additional Traffic Engineering Services for Intersection Capacity Analysis; and C. On February 8, 2005, the Parties executed Amendment No. 3 to include an Alternate Energy Systems Feasibility Analysis; and D. On November 21, 2005, the Parties executed Amendment No. 4 to include Additional Park Design Services; and E. On February 2, 2006, the parties executed Amendment No. 5 to include Additional Services for the Alternate Energy Systems Feasibility Analysis - Task 2 and an Update of 50% Level Probable Construction Cost; and F. On July 11, 2006, the parties executed Amendment No. 6 to extend the Agreement for a period of two (2) additional years ending on July 10, 2008. G. The Parties desire to alter the scope of work of the Agreement to add LEED Consulting Services, Alternative Energy Systems, Title 24 / 2005 Building Energy efficiency Standards Compliance, Aquatic Complex Theming Study, Kitchen Facility Within Aquatics Complex, Striping Plan on Alicante Road, Revisions to Title Blocks, Miscellaneous Utility Services Revisions, Revised Stormwater Compliance, and Revised Design of New Cabana Communication and Data Systems, Downsize Emergency Generator; and H. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule which is attached to and incorporated in this reference as Exhibit "A" Scope of Services and Fee. I. The Parties desire to ratify any amended scope of work already performed by the Contractor without the benefit of this Amendment. City Attorney Approved Version #05.22.01 NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1 . The retroactive amendment of the Agreement is ratified. 2. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor has provided, or will provide, those services described in Exhibit "A". 3. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed two hundred fifty one thousand seven hundred fifty five dollars ($251 ,755). 4. Contractor will complete all work described in Exhibit "A" by July 1 0, 2008. 5. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 6. 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. City Attorney Approved Version #05.22.01 7. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right actual authority to bind Contractor to the terms and conditions of this Amendment. in it and CONTRACTOR WIMjvTBR, YAMADA, A_ND CAUGHEY, a CaNfornia sorporatit 3y: (sign here; Pat Caughey/ President (print name/title) pcaughev@wyac.com (e-mail address) Jennifer Caughey / Business Mgr., Corp. Secretary (print name/title) icaughey@wyac.com (e-mail address) CITY OF CARLSBAD, a municipal corporation of the State of California City Manager ATTEST: \(ht*fOfA lORI^AINE M. V\TOOD City Clerk *"'„*,>* If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:. Deputy City Attorney City Attorney Approved Version #05.22.01 EXHIBIT "A" November 15, 2006 Mr. Scott Bradstreet City of Carlsbad Parks and Recreation Department 1200 Carlsbad Village Drive Carlsbad, CA 92008 Project: Re: Dear Scott: Alga Norte Community Park Request for Amendment to Contract - LEED As you are aware, we have been directed by the City to provide consulting services for LEED on the project. This requested task falls outside of the original scope of services under the approved contract, dated 7/10/03. Summary of Additional Scope and Fee Requests: 1. LEED Consulting Services - Incorporate minimum LEED compliance into final plans and specifications for building and site components. This does not include LEED commissioning services (See ATTACHMENT 'A'). Lump Sum Fee $95,700 Please feel free to call me directly should you have any questions regarding the specific work tasks or fee schedules as outlined. Thank you again for giving Wimmer Yamada and Caughey the privilege to work with the City of Carlsbad on the Alga Norte Community Park project. Sincerely, WIMMER YAMADA AND CAUGHEY Pat Caughey RLA, FASLA President cc: Brad Hilliker, Stephanie Hatton - WYAC File: 03-002,ContractAmdmtReq-Ltr-LEED,ll-15-06,SB,pc.doc ATTACHMENT 4A' LEED CONSULTING SERVICES It is our understanding that the City's intention is to achieve a basic LEED Certified rating (not Silver, Gold, or Platinum). Excluded from this are any LEED commissioning services, which will be the responsibility of the City and the City's construction team. The fees listed include: During the LEED Revisions Phase: 1. LEED team meetings - two work sessions with the project design team to integrate LEED requirements into the design documents and specifications and one pre-bid contractor meeting. 2. Detailed Scorecard Updates - following each meeting to update and identify the current status of each LEED requirement and the responsible entity. 3. LEED registration - register the project with USGBC (includes fee). 4. Preparation of project's "front end" documentation 5. Organization of documentation from team to the LEED "Audit" level requirements. 6. LEED Online - Create and maintain the LEED Online website. 7. Liaison with USGBC (U.S. Green Building Council) - coordination with USGBC regarding all matters related to the project. 8. Specifications - redline review by team LEED Consultant for language and for suggested materials selections. 9. Coordination of LEED Online Letter Templates. 10. Creation and maintenance of LEED Project Binder containing hard copies of all information submitted to USGBC. 11. Submission of any Credit Interpretation Requests to USGBC. 12. Evaluation and design of requisite changes to the site to meet revised stormwater management requirements and requisite structural BMPs (Best Management Practices) to meet LEED requirements. 13. Revisions to the mechanical, electrical and plumbing systems to meet requirements for LEED basic certification including: • Design of a dual piping system and specifications of dual flush, waterless fixtures. • Review and coordination of lighting and mechanical systems specifications to meet LEED certification requirements. • Revision to HVAC system design to include refrigerants to minimize or eliminate compounds that contribute to global warming. • Revise HVAC system control and distribution system to increase outdoor air ventilation rates. • Revise lighting and HVAC for redesigned ceiling system and exhaust requirements • Revise lighting controls to include individual lighting control of open areas and group needs. • Revise HVAC control system to provide individual comfort controls. • Revise HVAC system to meet ASHRAE 55-2004 to meet LEED criteria. Page 2 of3 During the Construction Phase: 1. LEED team meetings - facilitation and documentation of one construction team kick-off meeting and up to six bi-monthly construction team meetings. 2. Detailed Scorecard updates. 3. Organization of documentation from the team to the LEED "Audit" level requirements. 4. LEED Online - Maintain the LEED Online website. 5. Liaison with USGBC - coordination with USGBC regarding all matters related to the project. 6. Documentation of LEED compliance on-site - visit six times and take site photographs. 7. Assist City in preparing "Educational Program" documentation and signs per Innovation Credit 1.1. 8. Maintain the LEED Project Binder. 9. Provide one copy of LEED Project Binder to City. Certification Phase: 1. LEED team meetings - facilitate and document up to two Post-Review team meetings. 2. Detailed Scorecard updates as previously described. 3. LEED Online as previously described. 4. Submit for final review by USGBC. 5. Maintain Project Binder. Reimbursable Expenses: Reimbursable expenses, including printing, copying, postage and delivery, travel beyond San Diego County, etc. are in addition to the fees listed above and will be charged to you on a direct cost basis plus 15%, and will be billed as the costs are incurred with a total estimated budget of $1,500. These expenses are not included in the LEED Consulting Services Fee. Exclusions: 1. We will not be providing LEED Commissioning services. We will, however be coordinating between the Commissioning Agent and the rest of the team as needed. 2. Fees for Title 24 Energy Modeling, life cycle cost analysis, and general project management outside that specifically described, etc. are not included in this proposal, and if requested in writing, will be billed at the current time and materials rates. 3. Reimbursable expenses are not included in the LEED Consulting Services fee (see above). EXHIBIT "A" November 15, 2006 Mr. Scott Bradstreet City of Carlsbad Parks and Recreation Department 1200 Carlsbad Village Drive Carlsbad, CA 92008 Project: Alga Norte Community Park Re: Request for Amendment to Contract Dear Scott: i!*; As you are aware, we are in the final phase for the completion of construction plans and specifications for the Alga Norte Community Park project. In recent weeks and months there have been a number of discussions related to final tasks that have been requested of our design team which fall outside the original scope of services under the approved contract dated 7/10/03. We have prepared the following summary of requests for additional fees to be approved as an amendment to this contract. Beyond the summary, we can provide back-up documentation, if necessary, for specific tasks. Summary of Additional Scope and Fee Requests: 1. Title 24 / 2005 Building Energy Efficiency Standards Compliance - Includes plan modifications to bring final M/E/P and architectural plans into compliance with the revised State of California Title 24 standards, effective as of October, 2005 (www.energy.ca.gov/title24/2005standards/index.html). This involves Title 24 calculations for all site lighting in pedestrian areas and parking lots as well as building exterior lighting, which was not included in the 2001 code, as well as revised calculations and formats for mechanical and electrical units and light fixtures. Lump Sum Fee $6,400 2. Aquatic Complex Theming Study - Includes additional meetings, coordination, and exhibit preparation for the aquatic complex theming program (time and effort already expended). These efforts were not originally included in the base contract but were added later at the City's request to our scope during the last 5% of final plan preparation. Lump Sum Fee $8,450 3. Kitchen Facility Within Aquatics Complex Building #3: Permit Processing Through San Diego County Department of Environmental Health (SDCDEH) - Includes additional drawings, calculations, and details required by the SDCDEH beyond what was provided by Profitable Food Facilities (original kitchen consultant provided to WYAC by the City). Work also includes time allocated to plan review and response with SDCDEH, insurance, and mark-ups. Lump Sum Fee $7,850 4. Striping plan on Alicante Road - As requested on plans reviewed by the City. This will require surveying the recently constructed roadway, and coordinating a striping design with the City and the team's traffic engineer. This plan will create left turn pockets on Alicante Road for entry into the park. This was not in our original scope of work and would be an additional task for the Civil Engineer. Lump Sum Fee $7,900 5. Revision to Civil Engineer's Title Block & Sheet Layout as Requested on Plans Reviewed by the City - The City originally required the Civil Engineer to prepare their grading plans and associated drawings on 24" x 36" size sheets, and was provided as such through the 95% submittal. This required the Civil Engineer to use a different scale and sheet layout than all other disciplines. The City has now directed the Civil Engineer to use the same border and sheet layout as the entire set of plans. We concur that this will improve the overall consistency of the plan set - however, it is an additional amount of work beyond what has already been directed and accomplished by the Civil Engineer. Lump Sum Fee $2,900 6. Miscellaneous Utility Services Revisions Requested at 95% Review Requested revisions to building utility services (water, fire water, sewer, storm drain, etc) and additional drinking fountains (plumbing and site redesign), after work had already been accomplished as previously directed by City staff. Lump Sum Fee $5,500 7. Revised Stormwater Conveyance at Aquatics Complex - Direction from the City at the last plan check (95% submittal) to discharge pool deck water into the sanitary sewer system instead of the storm drain system (as already designed). This requires complete redesign of the deck drainage system by the aquatic architect. Also, requires re-routing of the drainage systems and revisions to hydraulic calculations by the Civil Engineer (for both stormwater and sewer systems). Lump Sum Fee $6,200 8. Additional Plotting Requests - Several additional plotting runs have been requested by the City recently that were not included within our original scope of services and fees. Lump Sum Fee $7,730 9. Costing at 100% Level - City request to provide assumption of probable construction costs at the 100% construction documents level. Previous costings were accomplished in: 1) March of 2004, in association with Campbell-Anderson & Associates, Inc., 2) September of 2004, in association with Construction Analysts, Inc., and 3) lanuary of 2006, in association with Construction Analysts, Inc. as an additional services task. A "fourth" costing milestone was not included within our original scope of work. This additional assumption of probable construction costs will be in the 16 Division CSI format, and shall include a project summary, combined estimate, and an appendix with contributing disciplines. This includes a subtotal of $28,025 for the work efforts, plus a reimbursables fee not to exceed $1,200. Lump Sum Fee $29,225 10. Revised Design for the New "Cabana" Area and Adjacent Concession Plaza Area - Revise the site design on the northeast side of the aquatics complex, based upon the City's redline markups on the 95% level construction documents, and further direction from City Staff. Includes revised hardscape design, horizontal control, vertical control, drainage, irrigation, planting, and removal of shade structure. Also, includes coordination with City staff and affected project consultants (Aquatic Design Group, Inc. and R.E. Berg Engineering, Inc.). Lump Sum Fee $13,500 11. Alternative Energy Systems - Two previous alternative energy systems feasibility analysis studies provided information for the City to direct us on this task. This task includes additional meetings with City staff and the City's Alternative Energy Committee, design, calculations, coordination, and other revisions to the construction documents that affect the aquatics complex. Design changes include conversions of the previous tensile fabric shade structures to steel-roofed structures to accommodate solar heating panels (at the grandstand bleachers and instructional pools), inclusion of a new steel support structure with solar heating panels on the south side of the competition pool (in the former turf break-out area), inclusion of a new steel support structure in the open storage area by the administration building, revised hardscape design, horizontal control, vertical control, drainage, irrigation, planting, and removal of a previous shade structure from the plans. Also, includes coordination with City staff and other project consultants. Includes efforts by Wimmer Yamada and Caughey, CTG Energetics, Inc., Aquatic Design Group, LSW Engineers, and ARCHITECTS hanna gabriel wells. These efforts were added later to our scope, at the City's request during the final 5% of construction documents preparation. Lump Sum Fee $33,500 12. Revise Kitchen Area - Request by City to add a drain and copper water line for coffee and tea machines in the concessions building, add electrical service and gas service for an outdoor refrigerator and BBQ grill, as well as isolating specific components from the kitchen as phasing items by future tenants, after design was already completed for these elements. These tasks were added later to our scope at the City's request, after redline comments had already been completed, and during the final 2% of construction documents preparation. Lump Sum Fee $5,500 13. Communication and Data Systems - Additional Revisions - Request by City to revise communication and data systems, after design was complete. These efforts were added later to our scope at the City's request, after redline comments had been completed and during the final 2% of construction documents preparation. Lump Sum Fee $3,600 14. Downsize Emergency Generator - Request by City to reduce / downsize the emergency generator capacity by removing the Musco Sports Lighting, aquatic pool pumps, and Buildings 7 & 8 from the emergency power grid. Includes redesign of drawings and recalculations. These efforts were added later to our scope at the City's request, after redline comments had been completed and during the final 2% of construction documents preparation. Lump Sum Fee $6,700 15. Contract Escalation - Cost of living increase after the 3-year anniversary of approved contract. Request for 5% increase over base contract for remaining fees outstanding after the 7/10/06 anniversary date. Lump Sum Fee $11,100 GRAND TOTAL: $156.055 We have enjoyed a very successful and productive working relationship with your office, the City Council, and other City staff members over the past five years on this project. We have grown more confident with the completion of each design detail that this park will be the greatest single milestone the City has reached in community recreation. We are proud to be the purveyors of final plans for this effort and look forward to continuing our relationship with you in seeing this project to completion. Please feel free to call me directly should you have any questions regarding the specific work tasks or fee schedules as outlined. Thank you again for giving Wimmer Yamada and Caughey the privilege to work with the City of Carlsbad on the Alga Norte Community Park project. Sincerely, WIMMER YAMADA AND CAUGHEY Pat Caughey RLA, FASLA President cc: Brad Hilliker, Stephanie Hatton - WYAC File: 03-002,ContractAmdmtReq-REVLtr-ADDS,l l-15-06,SB,pc.doc AMENDMENT NO. 6 TO EXTEND THE AGREEMENT FOR PROFESSIONAL SERVICES ALGA NORTE COMMUNITY PARK DESIGN DOCUMENTATION WIMMER, YAMADA, AND CAUGHEY This Amendment No. 6 is entered into and effective as of the f r' day of VUxJLtA , 2006, extending the agreement dated July 10, 2003 (the "Agreement") by arwlbetween the City of Carlsbad, a municipal corporation, ("City"), and Wimmer, Yamada, and Caughey, a California Corporation, ("Contractor") (collectively, the "Parties"). RECITALS A. On June 3, 2004, the Parties executed Amendment No. 1 to the Agreement to include additional services for Off-site Grading Analysis, Kitchen Consulting Services, and Traffic Engineering; and B. On August 17, 2004, the Parties executed Amendment No. 2 to include additional Traffic Engineering Services for Intersection Capacity Analysis; and C. On February 8, 2005, the Parties executed Amendment No. 3 to include an Alternate Energy Systems Feasibility Analysis; and D. On November 21, 2005, the Parties executed Amendment No. 4 to include an Additional Park Design Services; and E. On February 2, 2006 the Parties executed Amendment No. 5 to include Additional Services for The Alternate Energy Systems Feasibility Analysis - Task 2 and an Update of 50% Level Probable Construction Cost; and F. The Agreement expires on July 10, 2006 and the Parties desire to extend it for a period of two additional years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of two years ending on July 10, 2008. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. City Attorney Approved Version #05.22.01 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CITY OF CARLSBAD, a municipal corporation of the State of Califorpis (print name/title) :it Manager OT Mayor LORRAfNE M. WOOD (e-mail address) ^^ If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. "Group A. Chairman, President, or Vice-President *Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officers) signing to bind the corporation. APPROVED AS TO FORM: RONALD R^BAtL, City Attorney deputy City Attorney City Attorney Approved Version #05.22.01 AMENDMENT NO. 5 TO AGREEMENT FOR PROFESSIONAL SERVICES ALGA NORTE COMMUNITY PARK DESIGN DOCUMENTATION WIMMER, YAMADA, AND CAUGHEY This Amendment No. 5 is entered into and effective as of the day of ____^MS/^L __ , 2006, amending the agreement dated July 10, 2003 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Wimmer, Yamada, and Caughey, a California Corporation, ("Contractor") (collectively, the "Parties") for Professional Design Services for Alga Norte Community Park Design Documentation. RECITALS A. On June 3, 2004, the Parties executed Amendment No. 1 to the Agreement to include additional services for Off-site Grading Analysis, Kitchen Consulting Services, and Traffic Engineering; and B. On August 17, 2004, the Parties executed Amendment No. 2 to include additional Traffic Engineering Services for Intersection Capacity Analysis; and C. On February 8, 2005, the Parties executed Amendment No. 3 to include an Alternate Energy Systems Feasibility Analysis; and D. On November 21 , 2005, the Parties executed Amendment No. 4 to include an Additional Park Design Services; and E. The Parties desire to alter the Agreement's scope of work to include Additional Services for The Alternate Energy Systems Feasibility Analysis - Task 2 and an Update of 50% Level Probable Construction Cost; and F. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. 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". 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a lump sum basis not-to-exceed Fifty thousand nine hundred dollars ($50,900). City Attorney Approved Version #05.22.01 3. Contractor will complete all work described in Exhibit "A" within ninety (90) calendars days from the execution date of this amendment. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. 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. CITY OF CARLSBAD, a municipal corporation of the State of California Patrick W. pcaughey@wyac.com ennifer MrCaughey, Corp. jcaughey@wyac.com APPROVED AS TO FORM: , City Attorney B ATTEST: L City Clerk Deputy City Attorney City Attorney Approved Version #05.22.01 Patrick W. Caughey RLA, FASLA Pre* ident Joseph Y. Yamada RLA, FASLA Co-Fon-nder Harriett B. Wimmer FASLA Faundtr, 1899-1980Winmer Yanada .. and .. Caughey December 15, 2005 Mr. John Cahill Municipal Projects Manager City of Carlsbad Parks and Recreation Department 1200 Carlsbad Village Drive — Carlsbad, CA 92008 Project: Alga Norte Community Park Re: Request for Additional Services & Fees for the "Alternative Energy Systems Detailed Feasibility Analysis - Task 2 and the "Update of the 50% Level Assumption of Probable Construction Costs" Dear John: As requested by you, Wimmer Yamada and Caughey (WYAC) is providing a proposal to update the 50% level Assumption of Probable Construction Costs for the project. Our costing subconsultant, Construction Analysts, Inc. (see Attachment "A") and all other affected subconsultants have provided us with proposals for this task. They include: A. Update of the 50% Level Assumption of Probable Construction Costs: 1. Review the previously submitted "Assumption of Probable Construction Costs - 50% Construction Documents Level" dated October 18, 2004 and update with estimates reflective of January 01, 2006. 2. We propose to review and update the unit pricing only, with totals updated accordingly. The Project Drawings and Project Specifications shall not be re- evaluated, and all quantities, units, and products shall remain the same as in the previously submitted 50% level estimate. The additional fee requested is the lump sum amount of Six-Thousand Two-Hundred Dollars ($6,200). This fee includes evaluations by Construction Analysts, Inc., WYAC, and coordination with all affected subconsultants to achieve this task (such as the Civil Engineer, M/E/P Engineers, Aquatic Consultant, Skatepark Designer, etc). We estimate that the tasks will be completed by mid-January of 2006 if notice to proceed is given within the next 10 days. With your approval, we will include these additional scope items as part of our base contract with identification of this task as an additional services item. T 619.232.4004 619.232.0640 www.wyac.com 30^7 Fifth Avenue, San Diego, CA 92103.5840 Wimmer Yamada am: ... Caugtiey The final product will be a bound report, with 10 copies presented to you for your use. Reimbursables will be billed at cost plus 15% for administration, for an additional fee not to exceed Seven-Hundred Dollars ($700). Also, as requested by you, WYAC is providing a proposal to perform a more detailed alternative energy systems feasibility analysis (entitled "Task 2") beyond the previously accomplished alternative energy systems conceptual feasibility analysis (entitled "Task 1"). We have received the following description from our energy subconsultant, CTG Energetics, Inc. (CTG), to provide a more detailed alternative energy systems feasibility analysis (see Attachment "B"). Summarized, the tasks and products include: B. Alternative Energy Systems Detailed Feasibility Analysis - Task 2: 1. Schematic Design: Review the alternative energy systems recommended under Task 1, and come up with a preferred design alternative. Provide a schematic design for this recommended alternative energy systems including a basic physical layout, single line diagrams, and a performance specification (schematic design level- not construction documents). Further identify technical, operational, or environmental impact challenges which would need to be addressed in the ultimate design and installation of the proposed alternative energy system(s). CTG shall not be the Engineer of Record for the project. 2. Detailed Energy Analysis: Update the energy simulation developed under Task 1 to incorporate design changes and current data. This is based on hourly calculations of the annual electrical and thermal demand served by the proposed alternative energy systems. 3. Estimate of Probable Construction Costs: Provide a more detailed estimate beyond that described in Task 1. 4. Operations and Maintenance Costing Information: Provide more detailed costing information for Operations and Maintenance for the proposed alternative energy systems, based on specific site conditions, available facility personnel, and third-party service contract options. 5. Summary Report: Provide a brief report of approximately 30 pages in 8.5"x11" format that summarizes the findings, conclusions, and recommendations. Provide schematic level equipment layouts and schematic level single line diagrams in 11"x17" format. 6. City Council Presentation: A provision is included for both WYAC and CTG to attend one evening meeting to participate in a brief presentation to the City Council regarding the study findings and recommendations. City of Carlsbad Page 2 of 3 Alga Norte Community Park December 15, 2005 Wimmer Yamada .... and ___... Caughey The additional fee requested for the "Alternative Energy Systems Detailed Feasibility Analysis - Task 2" is the lump sum amount of Forty-One Thousand Five-Hundred Dollars ($41,500). This fee includes a base fee of twenty-five thousand four hundred and fifty dollars ($25,450) as requested by our energy subconsultant, in addition to all coordination, meetings, and report contributions by WYAC and other appropriate design team sub-consultants (such as the M/E/P Engineers, Aquatic Consultant, Architect, etc). We estimate that the tasks will be completed within a 90-day time frame after receiving notice to proceed. With your approval, we will include these additional scope items as part of our base contract with identification of this package of services as an additional services item. The final product will be a bound report, with 5 hard copies presented as a draft for your review and comment. Based upon comments by the City, the final report will then be generated in electronic format (PDF), in addition to 20 hard copies that will be provided for your use. Reimbursables will be billed at cost plus 15% for administration, for an additional fee not to exceed Two-Thousand Five-Hundred Dollars ($2,500). Please understand that additional design services and fees will be required to implement the alternative energy systems into the construction documents. Please feel free to contact me directly at (619) 232-4004 should you have any questions regarding this request. Thank you again for allowing Wimmer Yamada and Caughey to be involved on the Alga Norte Community Park project. Sincerely, Pat Caughey, RLA, FASLA President CC: Jennifer Caughey, WYAC Stephanie Hatton, WYAC Brad Hilliker, WYAC File: AlgaNorte,Pro,121505,AdSvc-RevCostEst,EnergyAnalysisTask2,JC,PC.doc City of Carlsbad Page 3 of 3 Alga Norte Community Park December 15, 2005 ATTACHMENT "A" CAI CONSTRUCTION ANALYSTS, INC. • 2225 FARADAY AVENUE, SUITE A • CARLSBAD, CA 92008 (760)431-9555 • (800)748-6353 • FAX: (760) 431-7512 December 9, 2005 Mr. Patrick W. Caughey, ASIA Wimmer Yamada and Caughey 3067 Fifth Avenue San Diego, CA92103 Tel: (619)232-4004 Fax: (619)232-0640 Project: Alga Norte Community Park Subject: Fee Proposal Dear Mr. Caughey: Pursuant to your correspondence with Mike Adams regarding the above project, I am pleased to tender the following proposal to provide cost estimating services. I. PROJECT DESCRIPTION A 33 acre park including an aquatic center and park facilities. II. BASIS OF PROPOSAL Our proposal is based on the all the prior plans and specifications. III. SCOPE OF SERVICES A. DETAILED CSI-16 DIVISION COST ESTIMATE. We propose to review and update the unit pricing only for the 50% Construction Documents level cost estimate performed by CAI in October of 2004. We will also enter the updated lump sum amount from the other consultants into the master estimate for a total update. Update will be performed in January 2006. IV. TIME OF PERFORMANCE We propose to perform our services in 10 working days from notice to proceed. V. EXCLUSIONS AND QUALIFICATIONS A. We exclude any work not specifically included above. Updates to our work products not included above will be invoiced at our regular hourly rates which follow: ESTIMATING • SCHEDULING • CLAIMS • CONSTRUCTION MANAGEMENT Mr. Pat Caughey Wimmer Yamada and Caughney December 9, 2005 Page 2 Senior Estimator (CPE) $120.00 per hour Staff Estimator $105.00 per hour Computer Input / Clerical $50.00 per hour B. Our fees include delivery of our work products by fax, e-mail or regular mail. Same day or overnight delivery of our work products will be invoiced at our cost. C. We exclude meetings or site visits not listed above. VI. CONTRACT CONDITIIONS Payment is expected within 30 days of invoicing. Thank you for the opportunity to tender this proposal. You have our commitment to superior service provided in a timely and professional manner. Sincerely CONSTRUCTION ANALYSTS, INC. Lanikai McAdams Manager of Business Development Accepted for WIMMER YAMADA AND CAUGHEY By: Date: ATTACHMENT "B CTG Energetics, Inc. Consulting Engineering tor Energy Efficiency Dr- Malcolm Lewis, PE & Sustainabilify in Buildings President December 7, 2005 JN: 60637a Brad Hilliker Associate Wimmer Yamada and Caughey 3067 Fifth Avenue San Diego, CA92103 Re: Alga Norte Community Park Alternative Energy Systems Feasibility Analysis - Proposal Dear Mr. Hilliker: CTG Energetics, Inc. (CTC) is pleased to submit this proposal for energy consulting services for Task 2: Detailed Feasibility Analysis of potential alternative energy systems to be installed at the new Alga Norte Community Park aquatic facilities in Carslbad, CA. This proposal follows up on Task 1: Conceptual Feasibility Analysis, performed in early 2005 (CTC job number 60637). Refer to Exhibit B for details on the proposed scope of work. Details of the proposed compensation can be found in Exhibit C. If the project description, proposed scope-of-work, project schedule, and/or proposed fee included in this proposal are not acceptable or inaccurate please contact me. Otherwise, please return two copies of this Proposal to CTC Energetics, Inc., signed by an authorized representative of your firm and with each page initialed, indicating your acceptance of the proposed scope of services, compensation, and Provisions of Agreement. CTG will return one fully executed copy of the Proposal to you. We look forward to continuing work with you and your team on this project. Sincerely yours, Jon Roberts Sr. Project Manager Enclosures A subsidiary of Constructive Technologies Group®, Inc. 16 Technology Drive -Suite 109- Irvine • CA • 92618-2323 949-790-0010 Fax:949-790-0020 www.CTG-net.com Alga Norte Community Park Alternative Energy Systems Feasibility Analysis - Proposal CTC JN 60637a December 7, 2005 Page 2 Section 'A1: Project Description Alga Norte Community Park (the Project) is a new 32-acre park located in the La Costa Greens area of the City of Carlsbad. When complete, the Project will includes a 5-acre aquatics complex, a skatepark, 3 baseball fields with Musco Sports Lighting at each field, a concession stand at the ballfields, park restrooms (3 freestanding), tot lots, a park maintenance building to house vehicles and equipment, and lighted parking lots for 525 vehicles. The Project will also contain a 5-acre aquatics complex, which includes administration buildings with offices and restrooms, a 55M competition pool with Musco Sports Lighting, a 12-lane instructional pool, a hot-water therapy pool, a 918-feet length moving river, children's water play areas, and a large mechanical building to house pumps and water quality components. Wimmer Yamada and Caughey is the lead design firm for the project and Aquatic Design Group are designing the pool and aquatics components. The City of Carlsbad, as owner of the Project, is interested in investigating opportunities to integrate alternative energy systems to serve energy demands throughout the new park. Major energy end-uses in the new park will include Musco sports lighting, general and pathway exterior lighting, and operation of the aquatics complex. The City is interested in determining if any available alternative energy systems and technologies will be able to reduce lifecycle costs associated with owning and operating the facility; CTG implemented "Task 1: Conceptual Feasibility Analysis" in the first quarter of 2005 to identify alternative and renewable energy options for the Park. This proposal provides follow-up work to this, as requested. Initials: Client CTG Alga Norte Community Park Alternative Energy Systems Feasibility Analysis - Proposal CTG JN 60637a December 7, 2005 Page 3 Section 'B': Scopes of Service CTC proposes to provide the following professional services relative to investigating alternative energy systems that may be applicable to the Project. TASK 1: CONCEPTUAL FEASIBILITY ANALYSIS Already performed under separate contract, CTG job number 60637. TASK 2: DETAILED FEASIBILITY ANALYSIS Task 2-1: Schematic Design CTG will work with the design team to review the alternative energy systems recommended under "Task 1" and come up with a preferred design alternative. CTG will then provide a schematic design for this recommended alternative energy systems including a basic physical layout, single line diagrams, and a performance specification suitable for use by an MEP and/or aquatics systems engineering firm. This task includes four additional site visits to evaluate field conditions that may be relevant to the design of the proposed systems. This task will further identify technical, operational, or environmental impact challenges which would need to be addressed in the ultimate design and installation of the proposed alternative energy system(s). Task 2-2: Detailed Energy Analysis CTG will update the energy simulation developed under the original contract to incorporate design changes and current data. This is based on hourly calculations of the annual electrical and thermal demand served by the proposed alternative energy systems. Task 2-3: Construction Cost Estimate CTG will provide a more detailed construction cost estimate. Site conditions and available government and utility incentives will be taken into account. CTG may obtain input form outside contractors and/or cost estimators to verify cost estimate assumptions. Task 2-4: Operations and Maintenance Cost Estimate CTG will provide a more detailed Operations and Maintenance cost estimate for the proposed alternative energy systems based on specific site conditions, available facility personnel and third-party service contract options. CTG may obtain input form outside contractors and/or cost estimators to verify cost estimate assumptions. Task 2-5: Summary Report CTG will brief report (approximately 30 pages) that summarizes our findings, conclusions and recommendations. CTG will also provide schematic equipment layouts and single line diagrams in 11x17 format. CTG will also lead a conference call to review the report and define the next steps. Exclusions. • This scope of work does not provide for CTG to provide formal Title-24 compliance documentation for permitting purposes. CTG will not be the engineer-of-record for the project. Initials: Client CTG Alga Norte Community Park Alternative Energy Systems Feasibility Analysis - Proposal CTC JN 60637a December 7, 2005 Page 4 Section 'C: Compensation CTG proposes to provide the services identified in attached Scope of Services on a fixed fee basis, inclusive of labor and all anticipated expenses, for the amounts listed in the table below. Task 2: Description Conceptual Feasibility Analysis TOTAL FEE $ $ Total 25,000 25,000 Additional Compensation Information • This proposal is valid for 30 days. • CTG reserves the right to equitably adjust the amount of compensation and hourly rates set forth in this agreement if the project is delayed and/or stopped, through no fault of CTG Energetics, for a period of 90 days or more and then restarted. Proposal Acceptance • We will commence work upon receipt of an executed contract or other acceptable form of written authorization to proceed. The authorization should reference this proposal, and each page of this proposal should be initialed to indicate acceptance. Initials: Client CTG Alga Norte Community Park Alternative Energy Systems Feasibility Analysis - Proposal CTG JN 60637a December 7, 2005 Page 5 Section 'D': HOURLY RATE SCHEDULE Effective January 1, 2005 TECHNICAL PERSONNEL Principal: Dr. Malcolm Lewis $ 250.00 Senior Project Manager $ 150.00 Registered Engineer/Registered Architect/Project Manager $ 11 5.00 - 1 50.00 Technical Specialist with Advanced Degree $ 11 5.00 - 1 50.00 Project Engineer $ 85.00-105.00 Technical Support $ 50.00 - 70.00 COMPUTER & OTHER SERVICE FEES Clerical Support $ 55.00 Notes: • Costs of all out-sourced services (travel, sub-consultants, blueprinting, reproduction, CAD plotting, messenger service and other) will be re-billed at cost plus twenty (20) percent. • Mileage billed at 45 cents per mile. • Copying billed at 10 cents per page. • Color copying/printing billed at 50 cents per page (in-house) and $1.40 per page (out-sourced). • Rates subject to change annually. Initials: Client CTG AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL SERVICES ALGA NORTE COMMUNITY PARK DESIGN DOCUMENTATION WIMMER, YAMADA, AND CAUGHEY 4 is entered into and effective as of the pi“/g‘ 2005, amending the agreement dated July IO, 2003 (“City”), and Wimmer, Yamada, and Caughey, a California Corporation, (“Contractor”) (collectively, the “Parties”) for Professional Design Services for Alga Norte Community Park Design Documentation. the City of Carlsbad, a municipal corporation, RECITALS A. On June 3,2004, the Parties executed Amendment No. 1 to the Agreement to include additional services for Off-site Grading Analysis, Kitchen Consulting Services, and Traffic Engineering; and B. On August 17, 2004, the Parties executed Amendment No. 2 to include additional Traffic Engineering Services for Intersection Capacity Analysis; and C. On February 8, 2005, the Parties executed Amendment No. 3 to include an Alternate Energy Systems Feasibility Analysis; and D. The Parties desire to alter the Agreement‘s scope of work to include Additional Park Design Services; and E. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit “A“, Scope of Services. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: I. 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. 2. City will pay Contractor for all work associated with those services described in Exhibit “A” on a lump sum basis not-to-exceed Sixty thousand six hundred ninety five dollars ($60,695). 3. Contractor will complete all work described in Exhibit “A, within thirty (30) calendars days from the execution date of this amendment. 4. All other provisions of the Agreement, as may have been amended City Attorney Approved Version #05.22.01 1 from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. 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. CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: **By: jcaug he yaw yac. com City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a CorDoration, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorneb 2 City Attorney Approved Version #05.22.01 October 17,2005 Mr. John Cahill, Municipal Projects Manager City of Carlsbad, Parks and Recreation Department 1200 Carlsbad Village Drive Carlsbad, CA 92008 Project: Alga Norte Community Park Re: Request for Additional Services - Park Design Dear John: With this letter, Wimmer Yamada and Caughey (WAC) is requesting an amendment to our Consultant Agreement for additional work being completed over and above our original Scope of Services for Alga Norte Community Park. This request addresses additional tasks and work products including design modifications, possible phasing scenarios, additional graphic exhibits, and meeting attendance. We have incurred additional costs internally and fiom members of our consultant team resulting fiom this effort As you will recall, we had completed fifty percent (50%) level construction documents and specifications for the project based upon the City Council approved Master Plan last Fall (September, 2004.) While we have not resumed major work on plans or specifications beyond this level, we have expended a considerable amount of additional time to address various issues at the request of City staff. The following is a summary of work which has been completed since the final plans for the project were placed on hold. We have continued to bill for our time against the previously executed contract. Through September of 2005, we will have billed 30% ($92,625) of the 90% level plan preparation to cover the additional time spent. While a portion of this effort will go towards necessary work to complete the final plans, a large portion of work is a result of ongoing additional requests by the City. For this reasoq we need to "recoup" those fees which are over and above our original contracted scope of services. The following is a breakdown of the additional time spent relative to billing through September 30,2005 (unless noted otherwise). 1. Redesign of architectural buildings based on City planning direction - This effort was required to revise proposed architectural building designs to be more in character with the Villages neighborhood plan, even though initial direction by staff was to develop a more "civic" architectural style. The approved design by city council at the completion of design development reflects a suitable architectural style which is compatible with the community plan. This work effort was completed under Request for Additional Services #4 and is described herein for reference only. We have yet to be issued an amendment or payment for this work 2. Universally Accessible Play Areas - At the request of City staff, we have provided additional work effort researching opportunities to incorporate further universally accessib le components to the currently designed playground contained within the Master Plan These additional elements exceed required ADA compliance design for children's playground areas, for both the 2-5 years old area and the 5-12 years old area. We have worked with playground equipment manufacturers to assist in redesigning the current playground to accommodate the added features. To date, we have been able to incorporate additional play features in the redesign to insure at least eighty percent (80%) of the play areas are universally accessible. Additional consultant fees for research and redesign from 12/04 through 9/30/05: a.Pr incipal 15 hrs @ $195.00 = $2,925.00 b.P roject Manager 38 hrs @ $135.00 = $5,130.00 c. Landscape Architect 27 hrs (3 $115.00 = $3,105.00 Subtotal $11,160.00 3. Skatepark - At the request of City stag we have reviewed the location of the skatepark as it relates to proximity to the proposed aquatic complex and related security concerns. We have prepared graphics and explanatory text to address these concerns, including adjacent security fencing and view access. The current location of the skatepark and what is currently contained in the fifty percent (50%) construction documents is consistent with the approved Master Plan. Additional consultant fees for research and redesign from 12/04 through 9/30/05: a.Pr incipal 15 hrs @ $195.00 = $2,925.00 b.P roject Manager 12 hrs @ $135.00 = $1,620.00 c. Landscape Architect 15 hrs @ $115.00 = $1,725.00 d.C omputer Simulation 32 hrs (Zj $95.00 = $3,040.00 Subtotal $9,310.00 Alga No& Community Park Request for Additional Services October 17,2M)5 Page 2 of 4 4. Phasing of Continuous River Element and Recreation Components within Aquatics Complex - At the directionof City staff, WYAC and Aquatic Design Group explored two (2) new options in addition to the approved Master Plan to address possible phased development of the recreation components of the aquatics complex. We were tasked with analyzing the impact of dehying construction of the Continuous River for five years as well as considering delay of all recreation components within the Master Plan. This effort includes the preparation of a cost analysis for phased work and interim design for the complex until the river is installed. We are also working with City staff to determine impacts to the project as a result of phased work within the aquatic complex. Additional consultant fees for research and redesign from 12/04 through 9/30/05: a.Pr incipal 12 hrs @ $195.00 = $2,340.00 b.P roject Manager 54 hrs @. $135.00 = $7,290.00 c. Landscape Architect 67 hrs @, $115.00 = $7,705.00 Subtotal $17,335.00 5. Preparation of Additional Graphic Exhibits and Computer Simulations. This work is being completed as requested to provide additional graphic and computer simulation exhibits for use in presenting various venues for the park. Additional consultant fees for research and redesign from 12/04 through 10/30/05: a.Pr incipal 3 hrs @ $195.00 = $585.00 b.P roject Manager 12'hrs @ $135.00 = $1,620.00 c. Graphic 8~ Computer Simulation 98 hrs (3 $95.00 = $9,310.00 Subtotal $1 1,515.00 6. Additional Meetings and Council Presentations - At the direction of City staff, WYAC and members of their consultant team have participated in additional meetings with City stac two (2) City Council workshops and anticipate at least one more Council presentation scheduled for 10/25/05. This effort was not included within our original scope and as such represents a significant number of additional hours spent to attend the various meetings. Additional fees for meetings and workshops from 12/04 through 10/30/05: (Includes four (4) staff meetings, two (2) Council workshops and one (1) Council meeting.) a.Pr incipal 15 hrs @ $195.00 = $2,925.00 b.P roject Manager 32 hrs @ $135.00 = $4,320.00 c. Landscape Architect 12 hrs @ $115.00 = $1,380.00 d.Con sultants 22 hrs @, 125.00 = $2,750.00 Subtotal $11,375.00 Alga Norte Community Park Request for Additional Services October 17,2005 Page 3 of 4 This summarizes our efforts through the completion of the upcoming City Council presentation slated for October 25,2005. As a result of the Council workshop on September 21,2005, the following direction is understood: 1. The Continuous River and all recreation components are to remain as designed within the aquatics complex. 2. The skatepark location is to be redesigned into another part of the park, or deleted from the park entirely (possibly to be located at another site), unless the Council decides otherwise at the October 25,2005 meeting. 3. The alternative energy systems conceptual feasibility analysis is to be hrther defined, including the second task outlined in the original unedited scope of services, dated January 7,2005. 4. The current children's play area will be modified to incorporate the universally accessible play elements. We will require additional fees beyond those as described above to incorporate final changes based upon final impacts to design akeady completed (50% completed plans.) We will provide subsequent description of work tasks and fees to complete the final requests after the Council meeting on October 25,2005. WYAC has worked closely with City Parks and Recreation staff and the Carlsbad community to develop what has been to-date a unique and highly successful park design program for Alga Norte Community Park. With both the scale and financial commitment the City of Carlsbad is making in this effort, we fully understand the necessity to continually review to ensure timely and appropriate decisions are made. We have enjoyed our working relationship with all involved, and will continue to work closely with City staff and officials to make Alga Norte Community Park a great success. We are fully prepared to meet with you and other members of City staff as necessary to review this request in further detail and work towards a successful solution. Again, thank you fbr providing Wimmer Yamada and Caughey the opportunity to offer you our professional services on this project. Sincerely, WIMMER YAMADA AND CAUGHEY Pat Caughey, EA, FASLA President cc: Jennifer Caughey, Brad Hilliker and Stephanie Hatton, WYAC File:CB-OOZ,AddSmlatn, 10-17-05,la,JC,pc Alga Norte Community Park Request for Additional Services October 17,2005 Page 4 of 4 AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES ALGA NORTE COMMUNITY PARK DESIGN DOCUMENTATION WIMMER, YAMADA, AND CAUGHEY No. 3 is entered into and effective as of the P& day of , 2005, amending the agreement dated July IO, 2003 (the "Agreement") by &id between the City of Carlsbad, a municipal corporation, ("City"), and Wimmer, Yamada, and Caughey, a California Corporation, ("Contractor") (collectively, the "Parties") for Professional Design Services for Alga Norte Community Park Design Documentation. RECITALS A. On June 3,2004, the Parties executed Amendment No. 1 to the Agreement to include additional services for Off-site Grading Analysis, Kitchen Consulting Services, and Traffic Engineering; and B. On August 17, 2004, the Parties executed Amendment No. 2 to include additional Traffic Engineering Services for Intersection Capacity Analysis; and C. The Parties desire to alter the Agreement's scope of work to include an Alternate Energy Systems Feasibility Analysis; and D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services. ' NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: I. 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. 2. City will pay Contractor for all work associated with those services described in Exhibit "A on a lump sum basis not-to-exceed Twenty Two Thousand dollars ($22,000). 3. Contractor will complete all work described in Exhibit "A with thirty (30) calendars days from the execution date of this amendment. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor City Attorney Approved Version #05.22.01 1 pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. 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. Patrick W. Cauuhev. President (print nameltitle) pcaughey@wyac.com (e-ma i I address) Jennifer M. Caughey, Corp. Sec (print name/title) CITY OF CARLSBAD, a municipal ATTEST: " City Clerk jcaughey@wyac.com (e-mail address) 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: RONALD R. BALL, I 2 City Attorney Approved Version #05.22.01 EXHIBIT “A” SCOPE OF SERVICES Wimmer, Yamada, and Caughey proposes to provide the following services relative to investigating alternative energy systems that may be applicable to the Project. Task 1-1 : Feasibility Analysis 1. Evaluate the design of the proposed 33-acre park including both the park development and the aquatic complex facilities and develop rough estimates of future energy consumption and cost by major end-uses. 2. Evaluate the following alternative energy systems and provide an opinion of the appropriateness of each technology for the project, based on costeffectiveness, environmental impact, technical feasibility, maintenancektaffing considerations, and desigdaesthetic impact. 1. Photovoltaic power systems 2. Solar water heating systems 3. Natural-gas micro turbine cogeneration systems 4. Fuel cell power plant cogeneration systems 5. Other systems or alternatives as may be deemed feasible by the consultants. 3. Identify and describe of any additional energy efficiency opportunities associated with the Project. 4. Provide a narrative description of each alternative energy system, along with recommendations for which alternative energy systems may be feasible and cost effective for the project. This task includes meeting with the design team, including City, to identify alternative energy opportunities and one site visit to evaluate field conditions that may be relevant to the design of the potential alternative energy system(s). This task will also identify preliminary technical or operational challenges, which would need to be addressed in the ultimate design and installation of the recommended alternative energy system(s). Task 1-2: Conceptual Cost Analysis Provide a preliminary estimate of the installation, operating, and maintenance costs for the recommended alternative energy system(s), as well as the projected energy cost savings compared to utility provided power. Task 13: Summary Report 1. Provide 5 draft copies of a brief report (approximately 10 pages) that summarizes conclusions and specific recommendations for the Project. 2. Provide 15 copies of the final report. 3. Attend a meeting with the City and the design team to review the report and define the next steps. City Attorney Approved Version # 05.22.01 3 AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES ALGA NORTE COMMUNITY PARK DESIGN DOCUMENTATION WIMMER, YAMADA, AND CAUGHEY entered into and effective as of the / 7 day of amending the agreement dated July 10, 2003 (the the City of Carlsbad, a municipal corporation, ("City"), and W immer, Yamada, and Caughey, a California Corporation, ('Contractor") (collectively, the "Parties") for Professional Design Services for Alga Norte Community Park Design Documentation. RECITALS A. On June 3, 2004, the Parties executed Amendment #1 to the Agreement to include additional services for Off-site Grading Analysis, Kitchen Consulting Services, and Traffic Engineering; and B. The Parties desire to alter the Agreement's scope of work to include additional traffic engineering services for Intersection Capacity Analysis; and C. The parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit A. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. 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. 2. City will pay Contractor for all work associated with those services described in Exhibit A on a time and materials basis not-to-exceed Two thousand, two hundred dollars ($2,200). 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. 3. Contractor will complete all work described in Exhibit A within the term specifed in the Agreement. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 1 6. 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. CITY OF CARLSBAD, a municipal corporation of the State of California City Manager or Mayor ATTEST: W City Clerk Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer@) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Deputy City Attorney City Attorney Approved Version #05.22.01 2 Landscape Architecture Environmental Planning July 15, 2004 Mr. Scott Bradstreet, Park Planner City of Carlsbad Parks and Recreation Department 1200 Carlsbad Village Drive Carlsbad, CA 92008 Joseph Y. Yamada, FASLA Patrick W. Caughey, ASLA Principals 3067 Fifth Avenue San Diego, CA 921 03-5840 6 1 9 -232 *4004 Fax 619.232.0640 CA Reg /t 528,2895 Ai! Reg It 22729 NV Reg It 280 Project: Alga Norte Community Park Re: Request for Additional Services (BS-Traffic Study Part 2) Dear Scott: As discussed, we have received a fee proposal from our traffic consultant, LOS Engineering, to perform the additional traffic analysis for the park. Tasks include: 1. Amendment to letter report to detail the following: a. Operations data for through the year 2020 for eight intersections surrounding the park. b. Assign the net increase in traffic from the park to the surrounding roadway network. c. Identify new impacts that exceed those identified in the EIR for the Villages and suggest mitigation if so. d. Update Letter Report to include intersection analysis. The additional fee requested is the lump sum amount of Two Thousand Two Hundred Dollars (2,200). This fee includes a base fee requested by our consultant including a 10% addition for WYAC administration. The work for this effort will be completed within approximately two weeks. With your approval, we will include these additional scope items as part of our base contract with identification of this package of services as “Alga Norte Park Additional Services # 5”. Please feel free to contact me directly at (61 9) 232-4004 should you have any questions regarding this request. Thank you again for allowing Wimmer Yamada and Caughey to be involved on the Alga Norte park project. Sincerely, Stephanie Hatton, RIA, ASIA Senior Associate CC: Pat Caughey, WYAC Jennifer Caughey, WAC Brad Hilliker, WYAC File: AlgaNorteFInal,Pro,7-15-04,AdSvc##5TrafFic,SB,sh AMENDMENT NO.l TO AGREEMENT FOR PROFESSIONAL SERVICES ALGA NORTE COMMUNITY PARK DESIGN DOCUMENTATION WIMMER, YAMADA, AND CAUGHEY This Amendment No.1 is entered into and effective as of the day of 5--Q , 2004, amending the agreement dated July 10, 2003 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, (“City”), and Wimmer, Yamada, and Caughey, a California Corporation, (“Contractor”) (collectively, the “Parties”) for Professional Design Services for Alga Norte Community Park Design Documentation. 3“ RECITALS A. On July 10, 2003, the Parties executed the Agreement for Professional Services for Alga Norte Community Park Design Documentation; and B. The Parties desire to alter the Agreement’s scope of work to include additional services for Off-site Grading Analysis, Kitchen Consulting Services, and Traffic Engineering; and C. The Parties have negotiated and agreed to supplemental scopes of work and fee schedules, which are attached to and incorporated by this reference as Exhibits A, 6, and C. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. 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 Exhibits A, B, and C. 2. City will pay Contractor for all work associated with those services described in Exhibits A, B, and C on a time and materials basis not-to-exceed Nineteen Thousand Two Hundred and Seventy Dollars ($19,270.00). 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. 3. Contractor will complete all work described in Exhibits A, B, and C within the term specifed in the Agreement. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 1 6. 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. CITY OF CARLSBAD, a municipal Patrick W. Caughey, President (print namehitle) pcaughey@wyac.com (e-mail address) ATTEST: Jennifer M. Caughey, Business Mgr. ( p r i n t nam e/t i t I e) jcaughey@wyac.com City Clerk LJ (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney - B City Attorney Approved Version #05.22.01 2 1ondst;ape Architecture Environmental Planning WIMMER YAMADA AND CAUGHEY April 5,2004 John Cahill City of Carlsbad 1200 Carlsbad Village Drive, Rec Department Carlsbad, CA 92008 Jorcph Y. Yamada, FASLA Patrick W, Caughey. ASM Principals 3067 Fifth Avenue San Diego, CA 921034840 61 9-2,';2-4004 Fax 61 9-232-0640 CA Res X 528,2695 AZ Reg C. 22729 NV Reg X 280 Praject: Alga Nom Community Park Re: Request for Addltlonal Services (#l-C"f-site Grading Analysk) Dear John: We have received the following request from our civil engineering consultant, Rick Berg, to complete off site grading analysis as a result of the north park boundary change. Specific, added work tasks include: 1 I Grading analysis for north park boundary. a. For expanded review and subsequent grading design of off-ske adjacent to the north park boundary. b. Preparation of a stockpile analysis plan and related calculations for soil import and export. c. Provide drainage analysis for retention and related storm drainage from north property. d. Attend additional meetings and preparation of storm drain exhibits. The edditiond fee requested is the lump sum amount of Six Thousand Two Hundred and Seventy Dollars ($6,270). This fee indudes a base fee requested by our consultant including a 10% addition for WYAC administration. The work for this effort was completed at the clients request over the past six months. Completed graphic documents and supporting written reports have been fomrded to appropriate city staff for their use. With your approval, we will include thee additional scope items as part of our base contract with identification of this package of services as "Alga Norte Park Additional Setvkes # 1". Please feel free to contact me directly at 61 9-232-4004 should you have any questions regarding this request. Thank you again for aliowing Wimmer Yamada and Caughey to be involved on the Alga Norte park project. Sincereb, Pat Caughey, RIA, ASIA President/Principal cc: Brad Hilliker, Stephanie Hatton -WAC Landscape Architecture March 31,204 John Catrill City of Cartsbad 1200 Carlsbad Village Drive, Rec Department Carlsbad, CA 92008 Joseph Y, Yamada, FASLA Patrick W. Caughcy, ASLA Prlncipals 3067 Fifth Avenue San Diego, CA 921 03-5840 61 9-232-4004 Fil~ 61 9.232.0640 CA Rcg P 528,2895 AZ Reg C 22729 NV Reg 8 200 Project: Alga Nofte Community Park Re: Dear John: Request for Additional Services (@-Kitchen Consultant) We have received the following request for completion of kitchen design as a sub-consultant to our architect of record: Architects Hanna Gabriel Wells. The addition of a kitchen and food service consultant has been added to our team at the request of city staff. Specific work tasks to be completed by this consultant include: Kitchen and Concessions Area Consultant 1. 2. 3. 4. For design and analysis of kitchen and concessions area. Preparation of kiichen layout and final design in cooperatiin with architect for client review. Preparation of final design and specifications to be included as part of the construction documents and specifications for the park building concession and food service facilities. Attendance at design team meetings and cawdination with architect. The additional fee requested is the lump sum amount of Six Thousand Five Hundred Dollars ($6,500.00). This fee includes a base fee requested by our consultant including a 10% addition for WYAC's administration, The work for this effort has already begun and initial coordination, including meetings, has resulted in preliminary kitchen and food service area layouts. With your approval, we will include these additional scope items as part of out base contract with identification of this package of setvices as "Alga Node Park Additional Services # 2. Please feel free to contact me directly at 619-232-4004 should you have any questions regarding this request. Thank you again for having Wimmer Yamada & Caughey involved on the Alga Node Community park projeCt. Sinceralv. Pat Caughq, RLA, ASLA P residenVPrinci pal cc: Brad Hilliker, Stephanie Hatton, Jennifer Caughey - Wimmer Yamada and Caughey Landscape Architccturc Enviranmental Planning WIMMER YAMAOA AND CAUGHEY Joseph Y. Yamada, FASLA Pattrick W Caughcy, ASLA Principals 3067 Fifth Avenue San Dlego, CA 92103~5840 April 5,2004 John Cahill 61 9 232.4004 Clry of Carlsbad fdx 619.232-0640 1200 Carlsbad Village Drive, Recreation Department CA R1.g 8 528,2895 Carlsbad, CA 92008 hz RG!g # 22729 NV Rcg # 280 Project: Alga Norte Cammunlty Park Re: Request for Additional Services (kn-Traffic Engineering) Dear John: We have received the following request for completion of a limited traffic engineering study for the adjacent roadways serving the Alga Norte Community Park. This study has been requested as part of the current Conditional Use permit application and was not included within our initial scope of services. Specific work tasks to be completed by this consultant include: 1. Traffic engineering - limited traffic analysis. a. b. C. d. For review of previous completed traffic design analysis prepared for Momw Development as part of the La Costa Villages 2 master development. Develop updated traffic analysis based on current projected traffic counts for proposed park. Preparation of final limited traffic report and support documentation to be included as part of the CUP application currently under review. Attendance at city and design team meetings and coordination with prime consultant as necessary. The additional fee requested is the lump sum amount of Six Thousand Five Hundred Dollars ($6,500.00). This fee includes a base fee requested by our consultant including a 10% addition for WYAC administration. The work has not yet been started and will begin as soon as possible. With your approval, we will include these additional scope items as part of our base contract with identification of this package of services as “Alga Norte Park Additional Services # 3. Please feel free to contact me directly at 619-232-4004 should you have any questions regarding this request, Thank you again for having Wimrner Yamada and Caughey involved on the Alga NoRe Community park project. Sincerely, & Pat Caughey, RLA, ASLA P residenUPrincipal cc: Brad Hilliker, Stephanie Hatton - WYAC AB #17,229 7-8-03 AGREEMENT FOR PROFESSIONAL SERVICES ALGA NORTE COMMUNITY PARK DESIGN DOCUMENTATION WIMMER, YAMADA, AND CAUGHEY THIS AGREEMENT is made and entered into as of the /D d, day of , 2003, by and between the CITY OF CARLSBAD, a municipal and WIMMER, YAMADA, AND CAUGHEY, a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of a landscape architecture and planning firm that is experienced in producing processing documents and design documents for the development of public parks and aquatics complex projects. B. Contractor has the necessary experience in providing professional services and advice related to conditional use permits and construction plans and specifications. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the,-reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three years from the date first above written. The City Manager may amend the Agreement to extend it for two additional one year periods or parts thereof in an amount not to exceed Three hundred thousand dollars ($300,000) per Agreement period. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. City Attorney Approved Version #04.01.02 7 EXHIBIT 4 1 4. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be One million three hundred seventy-five thousand eight hundred and fifty dollars ($1,375,850). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Payments shall be made based upon earned value. Contractor shall submit periodic invoices detailing the percentage of work completed for that period. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 2 City Attorney Approved Version #04.01.02 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self- administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best’s Key Rating of not less than “A-:VI‘. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor’s indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor’s sole expense. 10.1.1 Commercial General 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. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor’s work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version #04.01.02 3 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $2,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providinq Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 4 City Attorney Approved Version #04.01.02 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name: John Cahill Title: Municipal Projects Manager Department: Recreation Administration City of Carlsbad Address: 1200 Carlsbad Village Drive Carlsbad, California 92008 Phone No.: (760) 602-2726 Name: Patrick Caughey Title: President Address: 3067 5‘h Avenue San Diego, California 921 03 Phone No.: (619) 232-4004 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, City Attorney Approved Version #04.01.02 5 // agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to,'verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 6 City Attorney Approved Version #04.01.02 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or .- person, other than a bona fide employee working for Contractor, to solicitor secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject 'to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea, the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor City Attorney Approved Version #04.01.02 7 13 acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authoritv to bind Contractor to the terms and conditions of this Agreement. 4ec=G=r ' (print name/titie) --jiA- 0 (sign hdre) 8 ATTEST: LORRAINE khd%+ebc222dLL;~ M. Wd6D City Clerk City Attorney Approved Version #04.01.02 /4 If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer@) signing to bind the corporation. APPROVED AS TO FORM: RON- BALL, City Attorney n By: f2GL City Attorney Approved Version #04.01.02 9 1- EXHIBIT A June 27,2003 Mr. John Cahill Municipal Projects Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 PROJECT: Alga Norte Community Park RE: Final Design Scope of Services and Fee Schedule Dear John: Wimmer Yamada and Caughey is pleased to provide you with the following Scope of Services and Fee Schedule for the final design/bid documents for the complete development of Alga Norte Community Park. It is our understanding that, under this scope of work, we will provide full design services from schematic design through bid document preparation and bidding for the park as well as the City Council approved aquatics complex. As a part of this effort we will provide necessary documentation, exhibits, coordination, and processing for review and approval of a Conditional Use Permit through the City of Carlsbad Planning Commission. This scope of services provides for administration through the bidding of the project, but is exclusive of any time or fees for post-award construction administration. It is our intention that the consulting design team selected by the City to prepare the park master plan will continue to provide services through documents. Our team is therefore comprised of the following members: 1. Wimmer Yamada and Caughey (WYAC) will be responsible, as the prime consultant, for overseeing construction document preparation and will provide all landscape architectural design including hardscape, irrigation, planting, special recreation component, and multi-purpose sports facilities design. 2. R.E. Berg Engineering will be the civil engineer of record and will be responsible for grading and drainage design, utilities layout design and coordination, horizontal and vertical control for all proposed park improvements, necessary documents to address agency required stormwater control measures, and Storm Water Pollution Prevention Plan (SW PPP) preparation. Alga Norte Community Park - Final Design June 27,2003 Page 1 of 12 3. 4. 5. 6. 7. 8. 9. Tucker Sadler Noble Castro Architects will be responsible for building improvements that will include the aquatics center, two small restroom buildings, one restroom/concession building to serve the baseball core, and one facility maintenance building. Architect will coordinate processing of building documents through appropriate Building Department and County Health Department reviews. Aquatic Design Group will be responsible for final design of the aquatics complex including swimming pools, infrastructure, hydraulics, utilities, bleachers, scoreboards, scoring equipment and similar operational items. California Skateparks will complete the design documentation for the skateboard park with a fixed or modular system of components to be determined within City planning and legal guidelines. Ninyo & Moore Geotechnical Engineers will be responsible for soils testing for foundations, roadway and walk sections, coordination with civil and structural engineering consultants for retaining structures for proposed park improvements, as well as the final layout of the aquatics com p lex. LSW Electrical Engineers will be responsible for electrical and mechanical system design for lighting, power, and plumbing systems contained within park and building development. They will also be responsible for procurement and coordination of power, gas, and sewer connections sized to sustain development within this scope. Campbell Anderson Cost Estimating will be responsible for development of engineering cost analysis through design development and final bid documents. Additionally, Campbell Anderson will provide QNQC peer review of the construction documentation during preparation. Hansen Associates will be responsible for signage and internal park wayfinding. They will provide entry signage design in conformance with City of Carlsbad requirements. IO. Linscott Law & Greenspan Traffic Engineering will provide traffic engineering review and coordination with the original estimates for trip generation expected by the build out of the park. Additionally they will review internal parking, circulation and accesdegress design. 11. Simon Wong Structural Engineering will provide structural engineering design for retaining walls and structures in coordination with civil and g eotec h n ical engineering su b-consu Ita nts . 12. Dart Word Processing and Specification WriterlCoordinator will oversee and coordinate the compilation of camera-ready, 8.5”xI 1 ” specifications for construction in either 16 Division CSI or Green Book format to be determined. 13. Paul Hobson, Artist will continue to provide artistic consulting to our team as our project artist. Paul will be under separate contract with the City of Carlsbad for public art design and installation services. We have not included specific scope or fees from Mr. Hobson, but have included necessary time for WYAC to coordinate with him during the final design phase. Alga Norte Community Park - Final Design June 27,2003 Page 2 of 12 The final design for Alga Norte Community Park will meet criteria established by the approved park master plan completed in 2002 and approved by City Council in January 2003 as well as the aquatics complex program approved by City Council in April of 2003. Facilities components of final design will be in conformance with Federal, State, and City of Carlsbad requirements and engineering standards for park construction. 1. Scope of Services Aquatics Complex Study Completion of aquatics complex programming options including additional design studies, alternatives, council workshop and final City Council directed alternative. Schematic Desiqn Phase Based upon the approved master plan, the consulting design team will begin to develop schematic design that reflects proposed components and facilities contained within the approved master plan and aquatics complex program. A. Specific elements contained within schematic design will include: 1. Brush management delineation and limits for park improvements and transition buffers. 2. Complete site survey and topographic data prepared in coordination with adjacent La Costa Greens survey and topographic data. 3. Base plan formulation will be completed during the schematic design to provide accurate survey, infrastructure, and related utility impacts including easements documents as required, right-of-way limits, and related impacts which will influence the final design layout pf proposed park elements. 4. Specific building placement for one concession/restroom building (approximately 40’x40 footprint), one maintenance building (approximately 30’x40’ footprint), and two restroom buildings (approximately 30’x30’ footprint) as well as the initial design of the aquatics complex and requisite mechanical spaces for pool support. 5. Specific hardcourt location, layout and dimensioning for four half- basket ba I I courts. 6. Specific location, layout and dimensioning for three ball fields including support components. 7. Specific design and layout of Skateboard Park, utilizing a combination of modular and permanent components. Alga Norte Community Park - Final Design June 27,2003 Page 3 of 12 8. Specific layout for a dog park, including leashed and non-leash areas, internal circulation, water and electrical coordination, and agility components for dog training. 9. Specific location for multiple picnic structures, picnic tables, benches, related support components, and water and electrical coo rd i nat ion. external and internal locations adjacent to parking, sport facilities, picnic, building perimeters within overall park limits to provide for appropriate site circulation of pedestrians and vehicles. 11. Parking layout with specific quantities sufficient to handle daily use of the park facilities including the required number of accessible stalls, provision for trash collection and containment, and related park access. Parking layout will also provide provision for bus loading/unloading, fire access, and maintenance access. 12. Planting design for park perimeter, internal areas, building and facility perimeters, parking, and street frontage. 13. Hardscape design for walks, parking, building perimeters and necessary support facility development. 14. Locations and graphic design for park entry signage, project signage and wayfinding program. 15. Lighting study for all sports use and related building and parking lot requirements. 1 6. Geotechnical engineering including test borings for structural and agricultural suitability will be completed at the schematic phase. Testing/boring for construction is excluded from this Scope. IO. Specific layout for hard and soft material paving surfaces at B. Support exhibits for schematic design: 1. We will prepare character image and material selection boards for described elements within the schematic design phase. 2. We will prepare a scaled graphic plan and elevations for park layout and buildings. 3. Proposed floor plans and elevations for buildings. 4. Sports field, parking, security, and pedestrian lighting study. 5. Support documents for lighting study, soil boring reports, and related field test results will be provided. C. Preliminary assumption of probable construction costs: 1. A preliminary assumption of probable construction costs at the schematic level will be prepared for City review. D. Outline specifications: 1. Outline specifications will be prepared for elements described in the schematic design. Specifications will be prepared in a combination format utilizing Instructions and Special Provisions in Greenbook format followed by requisite CSI format divisions. Alga Norte Community Park - Final Design June 27,2003 Page 4 of 12 E. Meetings through schematic design phase: 1. A “Client Committee” shall be assembled by the City of Carlsbad composed of selected personnel of their choice. 2. WYAC shall attend meetings with the Client Committee to review conceptual plans, and will have appropriate su b-consultants present as necessary. 3. Client Committee meetings will be conducted on a twice per month basis when requested by the City, through the schematic design phase. 4. We are including allowances for selected sub-consultants to be at specific meetings related to their individual role or expertise. We will publish in advance the specific parties both from our consulting design team and that of City staff who need to be present. 5. Other meetings with the City of Carlsbad Municipal Projects Manager and City staff shall be conducted as necessary during the schematic design phase. Design Development / Contract Bid Document Preparation Phase Upon completion and approval of the schematic design we will coordinate with the City to continue into final documents for the park and aquatics complex. Design development will follow the schematic design phase and will transition into final preparation of construction documents, specifications, and the preparation of the bid package. The bid package will be the contractual document used for competitive bidding by the City. We are dividing the final document preparation into three sub-phases of work. The phases are as follows: 1. In Sub-phase One we will complete the design development plans, which will represent a 50% completion of final documents. 2. In Sub-phase Two we will complete 100% of final documents. 3. In Sub-phase Three we will complete final bid packaging of “approved for construction” final documents including plans, specifications, and final conditions outlying the bid requirements. The following is a detailed summary of what will be included in each of the three sub-phases for final design. Sub-phase One - 50% design development plans: Plans will include specific components as listed below. Coordination with consulting design team members, City staff, and relevant outside agencies is included for tasks as necessary. Alga Norte Community Park - Final Design June 27,2003 Page 5 of 12 1. Park perimeter fencing, transition buffers, and accesdegress delineation, and construction materials schedule, and construction detailing. 2. Floor plans, building elevations, building material schedules, fixture schedules, and requirements for infrastructure and utility coordination. 3. Hardcourt layout, dimensioning, and construction details for four half- court basketball courts. 4. Specific location, layout, and dimensioning for three ball fields with support components including field layout, perimeter fencing, scoreboard, scorekeeper’s platform, batting and pitching cages, player dugouts and backstops. 5. Specific location and proposed structure selection for picnic structures, picnic tables, and related support components. 6. Specific layout, dimensioning and detailing for vehicular and pedestrian circulation systems including walks and paths. 7. Specific dimensioning and materials delineation of the dog park. Final design will include areas for both leashed and non-leashed use including fencing and accessibility control. Internal circulation will include pathways and specific detail of dog agility components. 8. Specific dimensioning and delineation for the Skateboard Park including component construction details, layout dimensions, and material selections and grading and drainage design. This will include structural design, and final component manufacturing. 9. Parking layout with requisite number of parking stalls including required number of accessible stalls, trash collection and containment, and related park accesdegress. 10. Planting design for park perimeter, internal areas, building and facility perimeters, parking and street frontage. 1 1. Irrigation design for planting areas including points of connection (water and electrical), automatic controller features, mainline pipe layout, and component use selection. 12. Hardscape design for walks, parking, building perimeters and necessary support facility development. 13. Locations and graphic design for park entry signage, project signage, as well as internal wayfinding signage including parking, pathway, building, and art related descriptions. 14. Electrical lighting plan for parking lot, hard court areas, pathway, ball field and support facility areas. Lighting will include the following specific areas: a. Three ball field outfield and infield sports lighting b. Ball field spine - general security lighting c. Maintenance building - general security lighting d. Parking lot and entry - general security lighting e. Entry signage, flagpole, wayfinding and general security lighting f. Multi-purpose sport court lighting Alga Norte Community Park - Final Design June 27,2003 Page 6 of 12 g. Restroom and concession stand perimeter - general security lighting h. Skateboard park - general security lighting i. Dog leash park - general security lighting j. Picnic structure and children’s play area - general security I ig h t ing k. Internal and perimeter pathway - general security lighting 15. Building plans for the aquatics complex, concession, restroom, and a. Aquatics building and mechanical support building b. Restroom building #I c. Restroom building #2 d. Restroomkoncession building at ballfields e. Maintenance building f. A commercial kitchen consultant retained by the architect will also specify appliances and other fixtures, furniture and equipment (FF&E) requested by the City for concession operations. g. Material schedules for building components including fixture selections, manufacturer’s cut sheets, color boards, and City options will be submitted at the 50% review. maintenance buildings as follows: 16. Specifications at the 50% level will be provided which will include provisions for elements included within progress documents. 17.A 50% level assumption of probable construction costs will be provided which will include delineation of unit cost pricing for elements included within the progress documents. will complete a third party plan check review of all contained documents and specifications through the 50% phase. delineation of unit cost pricing for elements contained within provided progress documents. 20. We will conduct a progress review meeting with City staff including all required consulting design team members to review the 50% progress set of plans and specifications. departments and any agencies that will require review. engineering department staff upon receipt of comments. applications and submission documents and exhibits for a Conditional Use Permit, meeting the City of Carlsbad requirements. This process will require completion prior to moving to Sub-phase Two. 24. Coordination with City selected artist, Paul Hobson. 25.Architect to provide City complete FF&E component list and 18. Prior to the 50% level assumption of probable construction costs we 19. Cost analysis will be provided at the 50% level, which will include 21. We will submit completed 50% progress documents to required City 22. We will conduct subsequent reviews with individual City building and 23.At the completion of this sub-phase we will prepare necessary assumption of probable FF&E costs. Alga Norte Community Park - Final Design June 27,2003 Page 7 of 12 Sub-phase Two - 100% Construction Documents: Based on the 50% progress review comments we will proceed with the next sub-phase. The second sub-phase plans and specifications will constitute a 100% completion of proposed design elements contained within the aquatics complex and overall park design. The following describes specific tasks to be completed as a part of the Sub-phase Two 100% contract documents preparation : 1. Final drainage and grading plans. 2. Final hydrology study and report as required. 3. Final public notification for City required compliance. 4. Storm water pollution prevention plan (SWPPP). 5. Final horizontal and vertical control plans. 6. Final watedsewer improvement plans. 7. Parking design plans including sections/ details. 8. Trash enclosures including sections/ details. 9. Hardscape plans for pedestrian paving including sections/details. IO. Lighting plans for described areas including electrical schedules and details. 1 1. Site furnishings including manufacturer’s specifications, details and layout schematics . 12. Irrigation system design including final distribution, points of connection (water and electrical), and automatic controller features, construction details, legend, and specifications. specifications for plant materials. Preparation of materials list for plant material contract grow if required. electrical and fixture schedules, construction details, materials schedules, and specifications. A final summary of materials schedules including final fixture selections will be submitted at the 100°/o level for City staff review and final approval. documents including plans and specifications prior to preparing the final assumption of probable construction costs. 13. Planting design including final planting design, legend, details, and 14. Architectural design for buildings as defined, structural, mechanical, 15. We will conduct a second third party review of completed 100% 16.All documents will conform to City of Carlsbad requirements. 17.A pre-final assumption of probable construction costs will be prepared and submitted at the 100% level. Costs will be provided based on CSI 16 Division specifications as well as a unit component cost format with categories for each specific component of the park design described. required consultant team members to review the 100% progress set of 18. We will conduct a 100% progress review with city staff including all Alga Norte Community Park - Final Design June 27,2003 Page 8 of 12 23 plans and specifications. A final written basis of design will also be prepared and provided for client review and comment. departments and outside agencies, which require review and solicitation of comments. engineering department staff upon review of submitted plans at 100%. 19. We will submit completed 100% documents to required City 20. We will conduct subsequent reviews with individual City building and 1. 2. 3. 4. 5. 6. 7. 8. Sub-phase Three - Final Bid Documents At the completion of 100% review and final plan revisions we will prepare a final assumption of probable construction costs based on approved plans from the City. The cost analysis will be provided as an engineering estimate for the construction of components of the aquatics center and park. Bid documents will be prepared inclusive of final construction plans, specifications, general conditions, and City required bid templates. Plans will be provided in Mylar format and electronic format with final bid set printing provided by the City. Bid set printing is not included in our scope at this time. City will provide WYAC with City standard bid documents and instructions to bidders for inclusion in bid package. Specification writer will ensure coordination between CSI and Green Book to avoid duplication or conflicting information. We will assist the City in conducting a pre-bid conference with interested contractors, and will conduct a field visit with members of our consulting design team present for questions and clarifications. During the bid phase we will continue to make ourselves and members of our consulting design team available for questions and clarifications. We will prepare necessary addenda and correspondence to be issued during the bid phase. We will assist the City in review of the submitted bids, including review of unit cost submissions and verifications of proper bid conformance. This concludes the Scope of Services provided for the approved park master plan and aquatic complex program. Assumptions and exclusions to this scope. 1. Plans and specifications will be in conformance with City of Carlsbad p I a n n ing , bu ild i ng and engineering design req u i rements . 2. Specifications will be completed in 16 Division CSI format and/or Green Book format as required. 3. Electronic CAD documents will be completed using AutoCAD Release 2000. 4. City of Carlsbad will be provided with electronic records of plans, specifications and general correspondence as completed during final design. Alga Norte Community Park - Final Design June 27,2003 Page 9 of 12 5. We have not provided any specific scope of services to cover any environmental or agency coordination involving existing environmental or habitat reports regarding this project. 6. We are assuming a project design schedule of approximately twelve to fourteen (1 2-1 4) months to complete all aspects of this scope as described, pending no unforeseen challenges arise that might disturb or alter such schedule. 7. Final bid set printing will be handled directly by the City and is not included in this proposal. 8. We will continue to use the www.alganortepark.com web site for both public updates on design progress for the park as well as internal project management. 9. The reimbursable allowance is inclusive of reproduction, CAD plotting, photography, within county travel, delivery, courier, and postage. Alga Norte Community Park - Final Design June 27,2003 Page 10 of 12 II. Fee Schedule Fees for the work as described under Scope of Services will be charged as a lump sum fee based on the following: I. Completion of aquatics center study & final alternative $45, 850 2. Schematic Phase $225,000 3. Design Development I Construction Documents $ 290,000 $ 610,000 $ 150,000 Sub-phase One - 50% Sub-phase Two - 100% Sub-phase Three - Bid documents 4. Bid Phase $ 55,000 Total fees $ 1,375,850 We will bill based on a percentage of completion of work on a monthly basis for each phase of work as described. Reimbursable expenses are included in design fees as described. We will provide documentation for reimbursable expenses with a 15% markup for ad m i n is t rat ion. Hourly Rate schedule for additional services not described within Scope of Services: P ri nc i pal (mu It i -d isc i p I i ne) $ 175.00 Hr. Project Manager (multi-discipline) $ 135.00 Hr. Project Architect $ 125.00 Hr. Project Engineer $ 125.00 Hr. Landscape Architect $ 95.00 Hr. CAD Production $ 75.00 Hr. Field Technician $ 65.00 Hr. Clerical $45.00 Hr. We remain available to meet with you to further review this scope and associated fee schedule for final design of Alga Norte Community Park. We have enjoyed our working relationship with the City of Carlsbad, and in particular the Parks and e look forward to continuing this great partnership for Alga Norte Community Park - Final Design June 27,2003 Page 11 of 12 cc: Stephanie Hatton, WYAC Jennifer Caughey - WYAC File: 03-002.Cornplete Devt Scope. 6-27-03.1et. JC. pwc Alga Norte Community Park - Final Design June 27,2003 Page 12 of 12 27