HomeMy WebLinkAbout2011-09-27; City Council; 20693; AGREEMENT ALGA NORTE COMMUNITY PARK PROJECT/<e^B^\/&Cs=£^\
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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\
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D
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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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.
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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