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HomeMy WebLinkAbout2011-09-27; City Council; 20693; AGREEMENT ALGA NORTE COMMUNITY PARK PROJECT/<e^B^\/&Cs=£^\ V&K> CITY OF CARLSBAD -AGENDA BILL f ' ^ip/ AB# 20,693 MTG. 9/27/11 DEPT. PEM APPROVE ALTERNATIVE BID PROCESS AND AUTHORIZE AMENDMENT NO. 12 TO PROFESSIONAL SERVICES AGREEMENT WITH WIMMER, YAMADA AND CAUGHEY FOR ALGA NORTE COMMUNITY PARK, PROJECT NO. 3837 AND 3925 DEPT. DIRECTOR (Jllftf- CITY ATTORNEY jg/<^ CITY MANAGER j .^ IF RECOMMENDED ACTION: Adopt Resolution No. 2011-232 approving alternative bid process and authorizing execution of Amendment No. 12 to professional services agreement with Wimmer, Yamada and Caughey (WYAC) for Alga Norte Community Park, Project No. 3837 and 3925. ITEM EXPLANATION: The proposed Alga Norte Community Park (ANCP) is located at the northwest corner of the intersection of Poinsettia Lane and Alicante Road. On December 17, 2002, the City Council adopted Resolution No. 2002-371 approving the Alga Norte Community Park Master Plan featuring an aquatics center, three baseball fields, a dog park, a skate park, basketball courts, playgrounds, open space, and parking. Plans and specifications were completed and bids were received to construct the park. On December 18, 2007, the City Council rejected the bids because of bid irregularities. On February 26, 2008, the City Council decided to defer the aquatics center's recreational component which included wet play structures, slides, and a moving river. On April 21, 2009, through Resolution Number 2009-079, the City Council approved the Rough Grading and Drainage work for the proposed ANCP to meet future park development requirements. On March 8, 2011, the City Council accepted the completion of the rough graded ANCP site. At its workshop on April 26, 2011, the City Council directed staff to update the ANCP site plans and specifications and to proceed with the building of Phase 1 of the ANCP. Phase 1 includes: Three lighted ball fields, One full and two half lighted basketball courts Concession stand Picnic areas, with barbeques and shade structures Playground A dog park A lighted skate park An aquatic center with a 56 meter competition pool, 25 meter 12-lane swim /instruction pool, a warm water pool, children's "spray ground" play area, aquatic center building with lockers, showers, meeting rooms, small fitness room and concession area. Upon review of the current state of the project and the available project delivery methods allowed by Carlsbad Municipal Code (CMC), the City manager recommends utilization of the design-build procurement method authorized pursuant to Section 3.28.085 of the CMC. This method allows for a selection of a design-build firm to perform the necessary plan updates and to construct the project. DEPARTMENT CONTACT: David Hauser 760-602-2739 david.hauser(S)carlsbadca.qov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED rj\ D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D n Page 2 In analyzing the Alga Norte Community Park project, staff identified that transitioning to a design-build approach, even at this stage of design, would provide significant cost savings to the City and could result in shorter park construction timelines. Savings would come from immediately inserting competition into the project and reduced costs associated with additional design work. Staff recommends Council select the design-build contractor using a design-build competition based on performance, specifications and criteria set forth by the Council in the request for proposals, pursuant to CMC 3.28.085 F.1. Selection of this method will ensure that award of the contract is made to the design-build contractor whose proposal is judged as providing best value meeting the interests of the City and meeting the objectives of the project. Use of the design-build procurement method provides for a prequalification of design-build contractors. Prequalification criteria and other design- build selection criteria will be presented when staff returns to Council for authorization of the design- build competition. The City design-build procurement method precludes the preliminary design firm from participating as a design-build contractor in the design-build competition. To ensure the original design intent is met, staff negotiated Contract Amendment No. 12 with the firm of Wimmer, Yamada and Caughey (WYAC) which alters their fundamental role on the ANCP project from "designer of record" to "owner's representative". The proposed contract amendment provides for assistance in the preparation of the project program requirements and completion of the preliminary design plans and specifications. In addition, the proposed amendment includes design review and other assistance during the review and processing of the design-build competition. ENVIRONMENTAL IMPACT: On March 1, 2006, the Planning Commission adopted Resolution Nos. 6039 and 6040, adopting a Negative Declaration (ND) and Conditional Use Permit No. 04-08, respectively for the project. Furthermore, pursuant to Public Resources Code Section 21065, the proposed contract amendment for an alternative bid process and amendment to a professional services agreement does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. FISCAL IMPACT: City will pay no more than $94,000 to the consultant for all work associated with those services described above. Additionally, staff included a city-controlled contingency allowance of $10,000 and a contractor reimbursable allowance of $3,000 for a total not-to-exceed contract amount of $107,000 for Amendment No. 12. All work under the WYAC contract including work authorized pursuant to the eleven prior amendments has been completed. A total of $314,158 currently remains unspent from the purchase order for this contract; therefore no additional funding is required to be encumbered from the project account to fund the proposed Amendment No. 12 work. The estimated project costs for Amendment 12 to the Alga Norte Community Park contract are shown in Table 1 below. TABLE 1 - ALGA NORTE COMMUNITY PARK PROJECT NOS. 3837 AND 3925 ESTIMATED AMENDMENT NO. 12 PROJECT COSTS DESCRIPTION Owner Representation Services City Controlled Contingency Allowance Contractor Reimbursable Expense Allowance (Not to Exceed) (Not to Exceed) (Not to Exceed) TOTAL ESTIMATED COSTS $94,000 $10,000 $3,000 $107,000 Page 3 The current status of the Alga Norte Community Park projects is shown in Table 2 below. TABLE 2 - ALGA NORTE COMMUNITY PARK PHASE I - PROJECT NO. 3837 TASK DESCRIPTION Design Construction, Inspection, Materials Testing Environmental Mitigation & Monitoring Studies and Reports TOTAL APPROPRIATED TO DATE $3,168,656 $36,746,344 $22,500 $62,500 $40,000,000 EXPENDITURES/ ENCUMBRANCES TO DATE $1,837,403 $2,210,555 $14,929 $51,648 $4,114,535 REMAINING BALANCES $1,331,253 $34,535,789 $7,571 $10,852 $35,885,465 TABLE 3 - ALGA NORTE COMMUNITY PARK PHASE II - PROJECT NO. 3925 TASK DESCRIPTION Design Construction, Inspection, Materials Testing TOTAL APPROPRIATED TO DATE $1,542,724 $8,880,276 $10,423,000 EXPENDITURES/ ENCUMBRANCES TO DATE $676,499 $0 $676,499 REMAINING BALANCES $866,225 $8,880,276 $9,746,501 EXHIBITS: 1. Resolution No. 2011-232 approving alternative bid process and authorizing execution Amendment No. 12 to Professional Services Agreement with Wimmer, Yamada and Caughey for Alga Norte Community Park, Project No. 3837 and 3925. 2. Location Map 3. Amendment No. 12 to Professional Services Agreement with Wimmer, Yamada and Caughey for Professional Architectural Services. 1 RESOLUTION NO. 2011-232 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING ALTERNATIVE BID PROCESS AND AUTHORIZING EXECUTION OF AMENDMENT NO. 12 TO 4 PROFESSIONAL SERVICES AGREEMENT WITH WIMMER, YAMADA AND CAUGHEY FOR ALGA NORTE COMMUNITY PARK, PROJECT 5 NO. 3837 AND 3925. 6 WHEREAS, on July 8, 2003, City Council approved a professional services agreement 7 with Wimmer, Yamada and Caughey, to provide complete design services for Alga Norte 8 Community Park ("ANCP"), Project No. 3837 and 3925; and 9 WHEREAS, Wimmer, Yamada and Caughey completed preparation of plans and 10 specifications for ANCP based on the master plan adopted by Resolution No. 2002-371; and 11 WHEREAS, plans and specifications were completed and bids were received for 12 construction of ANCP; and 13 WHEREAS, on December 18, 2007, the bids for construction of the ANCP project were 14 rejected by Resolution No. 2007-326; and WHEREAS, on February 26, 2008, through Agenda Bill 19333, Council decided to deferI O the aquatics center's recreational component which included wet play structures, slides, and a16 moving river; and WHEREAS, on April 21, 2009, through Resolution Number 2009-079, Council decided to 18 proceed with rough grading of the ANCP; and 19 WHEREAS, on June 23, 2009 through Resolution No. 11, Council approved 20 Amendment No. 11 with Wimmer, Yamada and Caughey for the purpose of bidding and 21 constructing the mass grading and earthwork for the ANCP and extension of their agreement to 22 July 9, 2012; and, 23 WHEREAS, on April 26, 2011, Council voted unanimously to prepare an update to the 24 ANCP plans and specifications and proceed with the construction of the ANCP Phase I project; 25 and, oo WHEREAS, on August 18, 2009, Council approved Ordinance No. CS-046, codified as 07 Chapter 3.28.085 of the Carlsbad Municipal Code (the "Design-Build Ordinance"), providing for the 28 1 use of design-build contracts as an alternative to the bidding process established by prior City 2 Code and the California Public Contract Code; and 3 WHEREAS, the City Manager, upon reviewing the ANCP project and the benefits of the 4 design-build process, recommends that the ANCP project utilize the design-build procurement and 5 contracting approach; and, o WHEREAS, pursuant to the provisions of the Design-Build Ordinance, the approving authority must select one of three methods, defined in the ordinance, as the process to be used for selection of the winning design-build contracting entity; and,8 WHEREAS, staff recommends the use of the selection method defined in Sectiony 3.28.085 F.1. of the Carlsbad Municipal Code, which bases the selection on performance, specifications and criteria set forth by the awarding authority in the request for proposal; and, WHEREAS, to ensure the original intent of the existing project design is retained 12 throughout the design-build contracting process, the City desires to retain the professional 13 services of Wimmer, Yamada and Caughey, a California Corporation, to act as an "Owner's 14 Representative" to assist with the preparation of project program requirements, completion of 15 preliminary design plans and specifications, to assist with the review and processing of the design- 16 build competition and to provide design review services; and, WHEREAS, staff negotiated Amendment No. 12 with Wimmer, Yamada and Caughey 1R for the purpose of providing the Owner's Representative Services for ANCP project, described 19 above, for a not to exceed amount of $107,000. 20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 21 California, as follows: 22 1. That the above recitations are true and correct. 23 2. That the design-build procurement method for the ANCP project is approved and 24 that the process to be used for the selection of the winning design-build contractor entity shall be 25 as described in Chapter 3.28.085 F.1 of the Carlsbad Municipal Code. 26 3. That Amendment No. 12 to Professional Services Agreement with Wimmer, 27 Yamada and Caughey, for Alga Norte Community Park is hereby approved. 28 1 4. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute 2 Amendment No. 12 to Professional Services Agreement with Wimmer, Yamada and Caughey for 3 and on behalf of the City of Carlsbad. 4 /// 5 /// 6 '" 7 '" 8 '" III10 11 12 13 14 15 16 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of September 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. LORRAINp M. WOOD, City Clerk (SEAL) \\umi,, LOCATION MAP K-, A SITE NOT TO SCALE SITE. PROJECT NAME ALGA NORTE COMMUNITY PARK PROJECT NUMBER 3837 EXHIBIT 1 DRAW BY: SCOTT EVANS, CARLSBAD ETONEEBNC OtPI. 9/7/06 ft \C4WMC iUPROVBtENT PROGRM«\JW7 ALGA NORTE PAKK\PUWS 4 EXHWJS\3837.DWG PWENG396 AMENDMENT NO. 12 TO AGREEMENT FOR PROFESSIONAL SERVICES FOR THE ALGA NORTE COMMUNITY PARK DESIGN DOCUMENTATION (WIMMER YAMADA AND CAUGHEY) This^Amendment No. 12 is entered into and is effective as of the pcJ day of 2011, 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 thematic study, kitchen facility within aquatics complex, striping plan on Alicante Road, revisions to title blocks, miscellaneous utility services revisions, revised storm water 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 5/12/11 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. On June 25, 2009, the Parties executed Amendment No. 11 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; and, L. The Parties desire to alter the Agreement's scope of work to provide consulting services to assist the City in executing a Design/Build procurement for the Alga Norte Community Park and add specific allowances for design contingency and reimbursable expenses; and M. 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. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. All those services contained in the Agreement, as may have been amended from time to time up to the date of this Amendment, have been completed and paid for in conformance with the terms of the Agreement and all subsequent Amendments up to the date of this Amendment. 2. In addition to those services previously rendered pursuant to the Agreement, as may have been amended from time to time, Contractor will provide the 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 one hundred and seven thousand dollars ($107,000). 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. No work shall be performed against the design contingency allowance unless and until a written scope of work has been approved by the City Property and Environmental Management (PEM) Director, or his designee, and written authorization to proceed on such approved contingency work has been issued in writing by the City PEM Director, or his designee. 4. Contractor will complete all work described in Exhibit "A" by January 9, 2012. 5. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. City Attorney Approved Version 5/12/11 2 16 6. 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. 7. 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 Ca^iforni^\corporation^ By:. CITY OF CARLSBAD, a municipal corporation of the State of California By: Mayor U). Court -e^./ (print name/titleK ATTEST? (sign here) >fr. (print name/dtle) tORRAII^E M. WOOD City Clerk J Z O .-•\MR :?*<. /-O-vIf required by City, proper notarial acknowledgment of executioB>J3j attached. If a corporation, Agreement must be signed by one corporate^-, following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer inust be of the 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: , City Attorney Approved Version 5/12/11 EXHIBIT "A" SCOPE OF SERVICES AND FEE As requested we are providing you with the following scope of services and fee schedules to assist the City of Carlsbad in preparing and completing a design build program for the construction of Alga Norte Community Park. The following are our assumptions for this effort: 1. The City of Carlsbad will be issuing the current plans and specifications for the park as a design build request to interested contractor-designer teams. The selected DB contractor will be responsible for final authorship and signature of all plans and specifications and acquirement for final building permits. 2. Wimmer Yamada and Caughey will remain the Prime Consultant for the current design team with oversight to under a single contract to the City of Carlsbad to provide "Bridging ConsultanfDesign Intent (Dl) services to the project. 3. We will assist in the first two phases of work to complete the project including the design build selection process development, bridging consultant pre-construction services. 4. At such time for the project to begin construction we will provide the city with a phase 3 which includes design compliance oversight and the option for construction management services. 5. Each work task will be assigned as an hourly not to exceed allowance based on described requirements anticipated for each phase. The following describes anticipated tasks for each of the three phases. A not to exceed allowance of fees (to be charged on an hourly basis with monthly back-up) are included by phase. We will provide a separate matrix for anticipated fee allowance by discipline (including hourly rates with WYAC 15 % mark-up) for each phase involvement. Prior to each work effort or meeting WYAC will review with staff which team members need to be involved for each task as described in advance. PHASE 1 - Design-Build (DB) Selection Process Development 1. WYAC will review and comment on proposed process and program development for a Design Build (DB Selection. 2. WYAC will provide a review and comment on draft RFQ and RFP prepared by the city. 3. WYAC will review and comment on the scope of work description (remaining work for the plans and specs) including specific additional design changes as requested by the city. 4. WYAC will review and comment on the draft Design Build Contract to be issued. City Attorney Approved Version # 05.22.01 EXHIBIT "A" SCOPE OF SERVICES AND FEE As requested we are providing you with the following scope of services and fee schedules to assist the City of Carlsbad in preparing and completing a design build program for the construction of Alga Norte Community Park. The following are our assumptions for this effort: 1. The City of Carlsbad will be issuing the current plans and specifications for the park as a design build request to interested contractor-designer teams. The selected DB contractor will be responsible for final authorship and signature of all plans and specifications and acquirement for final building permits. 2. Wimmer Yamada and Caughey will remain the Prime Consultant for the current design team with oversight to under a single contract to the City of Carlsbad to provide "Bridging ConsultanfDesign Intent (Dl) services to the project. 3. We will assist in the first two phases of work to complete the project including the design build selection process development, bridging consultant pre-construction services. 4. At such time for the project to begin construction we will provide the city with a phase 3 which includes design compliance oversight and the option for construction management services. 5. Each work task will be assigned as an hourly not to exceed allowance based on described requirements anticipated for each phase. The following describes anticipated tasks for each of the three phases. A not to exceed allowance of fees (to be charged on an hourly basis with monthly back-up) are included by phase. We will provide a separate matrix for anticipated fee allowance by discipline (including hourly rates with WYAC 15 % mark-up) for each phase involvement Prior to each work effort or meeting WYAC will review with staff which team members need to be involved for each task as described in advance. PHASE 1 - Design-Build (DB) Selection Process Development 1. WYAC will review and comment on proposed process and program development for a Design Build (DB Selection. 2. WYAC will provide a review and comment on draft RFQ and RFP prepared by the city. 3. WYAC will review and comment on the scope of work description (remaining work for the plans and specs) including specific additional design changes as requested by the city. 4. WYAC will review and comment on the draft Design Build Contract to be issued. City Attorney Approved Version # 05.22.01 5. WYAC will review and comment on proposed selection process schedule. 6. WYAC and selected team members will attend a pre-qualification conference on or about Oct 4th and provide input and clarifications to interested DB teams. 7. WYAC and selected team members will attend weekly meetings beginning 8/29 and running through on or about 11/11/11. 8. WYAC will review and comment on proposed project design changes, substitutions or clarifications from the DB bidders. 9. WYAC and selected team members will participate on a qualification based selection committee including the review and scoring of submissions and attend interviews for final selection. 10. WYAC and selected team members will participate in a price proposal selection committee including the review and scoring of submissions and attend final selection meeting. This work involves attending interviews of the pre-qualified firms. 11. Due to trademark and copyright protections for the plans and specifications for the Aquatics components (pools, pump room and related items), these plans and specifications will be updated by Aquatics Design Group for permit submittal from the San Diego County Health Department during phase 1 for submittal to the design build contractors. We will provide a written description for specific tasks separately to the city. Phase 1 - hourly not to exceed $46,000 PHASE 2 - Bridging Consulting Pre-construction Services 1. WYAC and selected team members will attend weekly meetings with the selected DB contractor and staff at the City of Carlsbad from 1/10/12-4/1/12. 2. WYAC will provide review of the selected DB Contractor's cost estimate by the current team cost estimator. 3. WYAC and selected team members will review all County permit submissions, responses and re-submittals (prior to submission) for compliance with Design Intent (Dl) 4. WYAC and selected team members will, at the City's request, review all proposed changes and substitutions from the selected DB contractor. Phase 2 - hourly not to exceed $48,000 The City of Carlsbad will maintain responsibility for soils and other testing through current separate consultant contracts. Reimbursable expenses will be charged at cost against a maximum allowance of $3,000 for reproduction costs, deliveries and related project expenses. The City of Carlsbad has identified an owner controlled contingency of $10,000 for owner authorized design expenses over and above previous described fees. Total including base fee, reimbursable allowance and design contingency $107,000.00. City Attorney Approved Version # 05.22.01 I /J Certificate of Acknowledgment State of California County of San Diego } On o C. \p"W<w W-'"2-2011 before me, Carlos Cedillo, Notary Public, personally appeared 0 €.- c\s\ .< M <xv ^ C o v /) h* / _ 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/lid /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. Witness my hand and official seal Signature Title of Document Att CARLOS CEDILLO [ COMM. #1895532 z Notary Public - California § i San Diego County -t My Comm. Expires July 15,2014 f (Seal) M». IT Vo I/U , T Patrick W. Caughey RLA, FASLA President Joseph Y. Yamada RLA, FASLA Harriett B. Wimmer FASLA Founder 1899-1980 Yamada Caughey September 6, 2011 Patrick McGarry Civic Projects Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Project: Alga Norte Community Park Re: Scope of services and fee schedule for design-build oversight Dear Patrick: As requested we are providing you with the following scope of services and fee schedules to assist the City of Carlsbad in preparing and completing a design build program for the construction of Alga Norte Community Park. The following are our assumptions for this effort: 1. The City of Carlsbad will be issuing the current plans and specifications for the park as a design build request to interested contractor-designer teams. The selected DB contractor will be responsible for final authorship and signature of all plans and specifications and acquirement for final building permits. 2. Wimmer Yamada and Caughey will remain the Prime Consultant for the current design team with oversight to under a single contract to the City of Carlsbad to provide "Bridging Consultant"Design Intent (Dl) services to the project. 3. We will assist in the first two phases of work to complete the project including the design build selection process development, bridging consultant pre-construction services. 4. At such time for the project to begin construction we will provide the city with a phase 3 which includes design compliance oversight and the option for construction management services. 5. Each work task will be assigned as an hourly not to exceed allowance based on described requirements anticipated for each phase. The following describes anticipated tasks for each of the three phases. A not to exceed allowance of fees (to be charged on an hourly basis with monthly back-up) are included by phase. We will provide a separate matrix for anticipated fee allowance by discipline (including hourly rates with WYAC 15 % mark-up) for each phase involvement. i Oh>. 232. 4004 F 619. 232. 0640 www. wyac.com Landscape Architecture 1 Environmental Planning 3067 Fifth Avenue, San Diego, CA 92103-5840 Wimmer Yamada-.- •>. •, :', Caughey Prior to each work effort or meeting WYAC will review with staff which team members need to be involved for each task as described in advance. Phase 1 - Design-Build (DB) Selection Process Development 1. WYAC will review and comment on proposed process and program development for a Design Build (DB Selection. 2. WYAC will provide a review and comment on draft RFQ and RFP prepared by the city. 3. WYAC will review and comment on the scope of work description (remaining work for the plans and specs) including specific additional design changes as requested by the city. 4. WYAC will review and comment on the draft Design Build Contract to be issued. 5. WYAC will review and comment on proposed selection process schedule. 6. WYAC and selected team members will attend a pre-qualification conference on or about Oct 4th and provide input and clarifications to interested DB teams. 7. WYAC and selected team members will attend weekly meetings beginning 8/29 and running through on or about 11/11/11. 8. WYAC will review and comment on proposed project design changes, substitutions or clarifications from the DB bidders. 9. WYAC and selected team members will participate on a qualification based selection committee including the review and scoring of submissions and attend interviews for final selection. 10. WYAC and selected team members will participate in a price proposal selection committee including the review and scoring of submissions and attend final selection meeting. This work involves attending interviews of the pre-qualified firms. 11. Due to trademark and copyright protections for the plans and specifications for the Aquatics components (pools, pump room and related items), these plans and specifications will be updated by Aquatics Design Group for permit submittal from the San Diego County Health Department during phase 1 for submittal to the design build contractors. We will provide a written description for specific tasks separately to the city. Phase 1 - hourly not to exceed $46, 000 Page 2 - ANCP DB Bridge Consultant-Proposal x 6, 9/15/11 Wimmer ftmada Caughey Phase 2 - Bridging Consulting Pre-construction Services 1. WYAC and selected team members will attend weekly meetings with the selected DB contractor and staff at the City of Carlsbad from 1/10/12-4/1/12. 2. WYAC will provide review of the selected DB Contractor's cost estimate by the current team cost estimator. 3. WYAC and selected team members will review all County permit submissions, responses and re-submittals (prior to submission) for compliance with Design Intent (Dl) 4. WYAC and selected team members will, at the City's request, review all proposed changes and substitutions from the selected DB contractor. Phase 2 - hourly not to exceed $48, 000 The City of Carlsbad will maintain responsibility for soils and other testing through current separate consultant contracts. Reimbursable expenses will be charged at cost against a maximum allowance of $ 3,000 for reproduction costs, deliveries and related project expenses. The City of Carlsbad has identified an owner controlled contingency of $ 10,000 for owner authorized design expenses over and above previous described fees. Total including base fee, reimbursable allowance and design contingency S 107.000.00 Please review and contact me directly at 619-232-4004 should you have any questions regarding the work tasks as described or associated fee allowances. Thank you again for having Wimmer Yamada and Caughey participate on the design and development of the Alga Norte Community Park Project. Sincerely, Wimmer Yamada and Caughey Pat Caughey, FASLA, RLA, LEED GA Page 3 - ANCP DB Bridge Consultant-Proposal x 6, 9/15/11 WimmerYamada Caughey President cc: Chris Langdon, Jennifer Caughey-WYAC | file: documenti Page 4 - ANCP DB Bridge Consultant-Proposal x 6, 9/15/11 '1 Design Build Procurement ProcessAlga Norte Community ParkPatrick McGarry, Civic Projects ManagerSeptember 2011 2Park Project Bidding Authorized •Phase I & II Master Plan Elements•Design‐Bid‐Build Delivery Method•Council Rejected All BidsJuly 2007 –Dec. 2007City Charter Approved•Provided for Alternative Bid Process July 2008Council Directed Project Scope Revisions•Eliminated Moving River and Slides•Directed Staff to Revise Project PlansFeb. 2008Design‐Build Ordinance Adopted Aug. 2009Park Grading Bid Authorized•Design‐Bid‐Build Delivery Method•Grading CompleteOct. 2009 –Mar. 2011Revised Phase I Park Project Approved•Directs Staff to Update Project PlansMar. 2011Background Phase I Park Plan•3 lighted ball fields•1 full and 2 half basketball courts•Concession stand•Picnic areas•Playground•Dog park•Lighted skate park•Aquatic center–56 meter competition pool–25 meter pool–Warm water pool–Children’s “spray ground” area–Aquatic center building with lockers, showers, meeting rooms and concession stand3 Design/Build Process•Written Recommendation of City Manager•Council Authorization of Design‐Build Method–May include prequalification of Design‐Build Contractors–Must includes selection of one of three available design builder selection methods•All Design‐Build methods preclude initial Design Firm from participating in the Design‐Build Competition4 Design/Build ProcessContractor Selection Method 1:•Competition based on performance, specifications and criteria set forth by the Awarding AuthorityoAward based upon the proposal judged as providing the best value in meeting the interest of the City and meeting the objectives of the project5 Design/Build ProcessContractor Selection Method 2:•Competition based on program requirements, performance specifications,  and a preliminary design or combination thereofoAward based upon technical criteria and methodology, including price, whose proposal is judged as providing best value in meeting the interest of the City and meeting the objectives of the project6 Method 3:•Competition based on program requirements and a detailed scope of work including any preliminary drawings and specificationsoAward made on the basis of lowest responsible and reliable design‐build entity7Design/Build ProcessContractor Selection Staff recommendation:•Method 1–Not limited by completeness of the design–Allows selection based on Best Value to the City8Design/Build ProcessContractor Selection •Council authorizes A/E firm to represent City’s interests during the RFQ/RFP process•A/E firm is retained to develop the RFP and selection criteria–Advises City on substitution requests and design changes made by the Design/Build bidders9Design/Build Process (Cont.) •Council approves design‐Build competition selection criteria and authorizes solicitation for bids•Staff prequalifies Design/Builder firms•Prequalified Design/Builder firms are invited to present pricing proposals10Design/Build Process (Cont.) •Staff selects Design/Builder that presents the Best Value to the City •Council awards Design/Builder firm•Construction Commences•Council accepts construction as complete11Design/Build Process (Cont.) Schedule Comparison•DESIGN‐BID‐BUILD METHOD–Update Design Plans and Specifications•5 months –early finish = February 2012–Bidding Process•5 months –early finish = July 2012–Construction•18 months –early finish = February 201412 Schedule Comparison•DESIGN‐BUILD METHOD–Bidding Process •5 Months ‐early finish = February 2012–Design modifications•Concurrent with grading and foundation work•2 months –early finish = April 2012–Construction ‐Permits for building work is current•Foundations ‐2 months –early finish = April 2012•Remaining work –16 months –early finish = September 201313 Schedule Comparison•Design‐Build Method can deliver the project 5 months sooner than the Design‐Bid‐Build Method14 Questions15