CITY COUNCIL: Resolution Authorizing the City Administrator to Execute a Contract with WWD Corporation to Prepare Concept Plans & Construction Documents for a Pedestrian Walkway on San Antonio Av. & Boardwalk & Viewing Platform in an Amount not to Exceed $43,000

City Council
Agenda Item Summary

Meeting Date: 6 December 2011
Prepared by: Sean Conroy, Plng & Bldg Services Manager

Name: Consideration of a Resolution authorizing the City Administrator to execute a contract with WWD Corporation to prepare concept plans and construction documents for a pedestrian walkway on San Antonio Avenue from Fourth Avenue to Ocean Avenue and a small boardwalk and viewing platform west of the Del Mar Parking area in an amount not to exceed $43,000.

Description: As part of the Del Mar Master Plan implementation, a pedestrian path is proposed from Ocean Avenue to Fourth Avenue that will link with the recently completed path that runs to the Pebble Beach Gate on San Antonio Avenue. A small ADA-compliant boardwalk and viewing platform is proposed at the west end of the Del Mar parking area that will allow individuals with disabilities the opportunity of an improved beach
experience.

WWD Corporation will first prepare concept plans for the pathway, boardwalk and viewing platform for review and approval by the appropriate decision-making bodies. Once the concept plans have been approved, WWD will prepare construction drawings for the project. The contract will be paid by a grant from the Coastal Conservancy.

Overall Cost: $43,000
City Fonds: N/A
Grant Funds: $43,000

Staff Recommendation: Adopt the Resolution.

Important Considerations: On January 14, 2010, the California Coastal Commission certified the Del Mar Master Plan (DMMP) that had been prepared by the City. The Master Plan addresses issues related to parking, circulation, aesthetics, environmental resources and pedestrian access for the Del Mar parking area and adjacent dunes.

A portion of the DMMP has been implemented through a joint effort between the City and the Pebble Beach Company that included the installation of a pedestrian path from the Pebble Beach Gate to Fourth Avenue, a beach access staircase at the north end of the beach, and a boardwalk connecting Fourth Avenue with the beach staircase. WWD prepared the plans for this project.

On November 10, 2011, the State Coastal Conservancy approved a $240,000 grant application for the City of Carmel. The grant is intended to fund the remaining elements of the Master Plan with no expenditures by the City.

Decision Record: N/A

Reviewed by:

Jason Stilwell, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A CONTRACT WITH WWD CORPORATION TO PREPARE CONCEPT PLANS AND CONSTRUCTION DOCUMENTS FOR A PEDESTRIAN WALKWAY ON SAN ANTONIO AVENUE FROM FOURTH AVENUE TO OCEAN AVENUE AND A SMALL BOARDWALK AND VIEWING PLATFORM WEST OF THE DEL MAR PARKING AREA IN AN AMOUNT NOT TO EXCEED $43,000

WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself in its community character; and

WHEREAS, General Plan Goal G4-2 encourages the City to develop a Master Plan for the Del Mar and North Dunes area; and

WHEREAS, the City adopted the Del Mar Master Plan (DMMP) on 1 September 2009; and

WHEREAS, the California Coastal Commission certified the DMMP on 14 January
2010; and

WHEREAS, on November 10, 2011, the City was awarded a $240,000 grant for the implementation of the DMMP by the State Coastal Conservancy; and

WHEREAS, WWD Corporation submitted a proposal to prepare concept plans and
construction documents for a pathway on San Antonio Avenue between Ocean and Fourth Avenues, and for an ADA-compliant boardwalk and viewing platform at the west end of the Del Mar parking area; and

WHEREAS, the grant will fund the proposed work by WWD Corporation.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:

Authorize the City Administrator to enter into the attached contract with WWD Corporation for an amount not to exceed $43,000.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this sixth day of December 2011 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

ATTEST: SIGNED,

_____________________ ________________________
Heidi Burch, City Clerk SUE McCLOUD, MAYOR


CONSULTANT SERVICES AGREEMENT

THIS AGREEMENT, dated this_ day of 2011 is by and between the CITY OF
CARMEL-BY-THE-SEA, a municipal corporation of the State of California, hereinafter referred to as the "City", and WWD Corporation hereinafter referred to as the "Consultant".

I. SERVICES BY CONSULTANT
A. Consultant will perform all services, carry out all responsibilities, and prepare such plans as described in the Scope of Services described in Attachment "A" hereto, which is incorporated herein by this reference.

B. Said services and all duties incidental or necessary thereto shall be performed
diligently and competently and in accordance with generally accepted professional
standards of care and performance.
II. COMPENSATION
A. City shall pay Consultant for the services identified in the attached Scope of
Services in the amount not to exceed $43,000 (includes a 1 0% contingency). Such
amount shall constitute full and complete payment by City under this Agreement.
Consultant agrees to perform all services required by this Agreement on an ongoing basis
until this Agreement is amended or terminated.
B. Consultant shall submit an itemized invoice to City. Each invoice shall reference
the specific project assignments completed during that period for which payment is
requested. Payment for work shall be made by City within forty-five (45) days of receipt of
invoice.
C. City shall have the right to withhold payment to Consultant for any work not
completed in a satisfactory manner until such time as Consultant modifies such work so
that the same is satisfactory as determined by the City and in accordance with generally
accepted professional standards of care and performance.
D. The City will compensate Consultant for actual out-of-pocket expenses incurred by
Consultant in connection with services performed in accordance with the following
schedule:
Incurred Expenses- by an amount equal to actual incurred expenses
Automobile Mileage - at the current rate allowed by the Internal Revenue Service
Photocopies- at the rate of $0.10 per page for each document copy in excess of
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WWD Corporation
Page 2 of6
ten (10) document copies or as specified in the attached scope of work and
budget.
Incurred expenses include, but are not limited to, authorized travel by common carrier,
long-distance telephone calls, and other similar expenses. Incurred expenses do not
Include normal overhead expenses.
Ill. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, maps, figures,
photographs, memoranda, and any other documents which are developed, compiled, or
produced as a result of this Agreement, whether or not completed, shall be vested in the
City. Use of such documents by City for project (s) not the subject of this Agreement shall
be at City's sole risk without legal liability or exposure to Consultant.
B. Methodology, materials, software, logic and systems developed under the said
Contract are the property of Consultant.
IV. GENERAL ADMINISTRATION AND MANAGEMENT
A. The Planning Services Manager of the City of Carmel-by-the-Sea, or his designee,
shall have primary administrative responsibility for the City under this Agreement, and
shall review and approve the Consultant's invoices to the City under this Agreement.
B. The Planning Services Manager of the City of Carmel-by-the-Sea, or his designee,
shall have primary responsibility for overseeing and reviewing the Consultant's preparation
of products as outlined in the Attachment "A", and shall coordinate all communications
with the Consultant from the City.
V. COMPLETION DATE
A. Consultant will diligently proceed with the work contracted for, but it is expressly
agreed and understood that Consultant shall not be held responsible for delays
occasioned by factors beyond its control, nor by factors that could not reasonably have
been foreseen at the time of the execution of the Agreement between the parties.
VI. SUSPENSION OF AGREEMENT/DISPUTES
A. The Consultant and the City reserve the right to terminate or suspend this
Agreement at any time by giving twenty (20) days' written notice to the other party. In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps,
models, photographs and reports, or other material prepared by the Consultant pursuant
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Consultant Services Agreement
WWD Corporation
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to this Agreement shall be submitted to the City, and the Consultant shall be entitled to
receive just and equitable compensation for any satisfactory work completed on the
project prior to the date of suspension or termination.
B. In the event that the City requests termination of the work prior to completion,
Consultant reserves the right to complete such analyses and records as may be
necessary to place its files in order.
C. Any legal proceeding concerning this Agreement shall be brought and maintained
in the Superior Court of California in and for the County of Monterey. The prevailing party
in such legal proceeding (including mediation and arbitration) shall be entitled to a
reasonable attorneys' fee in addition to any other remedy available to said prevailing party.
VII. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. The Consultant and any of its subconsultants will not discriminate against any
employee or applicant for employment because of race, creed, color, sex, age, national
origin, marital status, physical or other motor handicap, unless based upon bona fide
occupational qualification. The Consultant will take affirmative action to ensure that
applicants are employed and that employees are treated during employment without
regard to their race, creed, color, sex, age, national origin, marital status, physical or other
motor handicap.
VIII. ASSIGNMENT
This Agreement may not be assigned or otherwise transferred by the parties hereto
without the written consent of the other party.
IX. MODIFICATION
A. No change, alteration, modification, or addition to this Agreement will be effective
unless it is in writing and properly signed by all parties hereto.
X. HOLD HARMLESS
A. The Consultant shall defend, indemnify and hold the City and its officers, agents,
and employees, harmless from all suits, claims or liabilities of any nature, including
attorney fees, costs and expenses, for or on account of injuries or damages sustained by
any persons or omissions of the Consultant, its agents, subconsultants or employees
pursuant to this Agreement, or on account of any unpaid wages or other remuneration for
services; and if a suit in respect to the above is filed, the Consultant shall appear and
defend the same at its own cost and expense, and if judgment be rendered or settlement
26
Consultant Services Agreement
WWD Corporation
Page4 of6
made requiring payment of damages by the City, which damages are based in whole or
part on the negligent activities or omissions of the Consultant, its agents or employees,
the Consultant shall pay the same.
XI. COMPLIANCE WITH LAWS
A. The Consultant and sub-consultants shall be in compliance with all applicable State,
Federal and City laws and safety regulations.
XII. INSURANCE
A. Without limiting Consultant's duty to indemnify, consultant shall maintain in effect
throughout the term of this Agreement a policy or policies of insurance covering all of its
operations (including public liability coverage, property damage coverage and professional
malpractice) with the following minimum limits of liability:
a. COMMERCIAL GENERAL LIABILITY INSURANCE:
Commercial General Liability, including but not limited to, premises, personal
injuries, products and completed operations, with a combined single limit of not
less than $1,000,000.00 per occurrence.
1. Bodily injury $1 ,000,000.00 per occurrence and $1,000,000.00
aggregate and $1,000,000.00 property damage; and
2. A combined single limit of not less than $1 ,000,000.00 per occurrence.
b. AUTOMOBILE LIABILITY INSURANCE:
Comprehensive automotive liability covering all motor vehicles including owned,
leased, non-owned, and hired vehicles, used in providing services under the
Agreement, with a combined single limit of not less than $1,000,000.00 per
occurrence.
1. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00
aggregate and $1,000,000.00 property damage; and
2. A combined single limit of not less than $1,000,000.00 per occurrence.
c. WORKER'S COMPENSATION INSURANCE:
Worker's compensation insurance in accordance with California Labor Code
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WWD Corporation
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section 3700 and with a minimum of $1 ,000,000.00 per occurrence for
employer's liability.
XIII. ADDITIONAL SERVICES
A. It is understood and agreed by City and the Consultant that the City might request
Consultant to render additional professional services beyond the original Scope of
Services as defined in Exhibit "A" to this Agreement. Such additional services may include
those due to abnormal conditions beyond the Consultant's control, changes in phasing,
time delays, changes in scope or requirements on the part of others and services
necessitated by legal challenge of the work products. Any work requested of Consultant
by City beyond that identified in Attachment "A" shall constitute additional services. Such
work will be undertaken only upon written authorization of the City, written agreement by
all parties, and based upon an agreed amount of compensation.
XIV. INDEPENDENT CONTRACTOR
A. The Consultant is and shall be at all times during the term of this Agreement an
independent contractor.
B. The Consultant shall maintain a valid business license with the City of Carmelby-
the-Sea at all times during the term of this Agreement.
XV. NOTICES
A. Any notice to be given to the parties hereunder shall be addressed as follows
(until notice of a different address is given to the parties}:
City of Carmel-by-the-Sea
PO DrawerG
Carmel, CA 93921
Consultant
WWD Corporation
2801 Monterey-Salinas HWY, Ste 1
Monterey, CA 93940
Any and all notices or other communications required or permitted relative to this
Agreement shall be in writing and shall be deemed duly served and given when
personally delivered to either of the parties to whom it is directed; or in lieu of such
personal service, when deposited in the United States mail, first class, postage
prepaid, addressed to CITY or to CONSULTANT at the addresses set forth above.
Either party may change their address for the purpose of this paragraph by giving
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WWD Corporation
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written notice of such change to the other party in the manner provided for in the
preceding paragraph.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
above written.
CITY OF CARMEL-BY-THE-SEA,
CALIFORNIA
By:
Jason Stilwell,
City Administrator
WWD Corporation
By:
29
November 11, 2011
Mr. Sean Conroy
Planning and Building Service Manger
City of Carmel-by-the-Sea
P.O. Box DrawerG
Carmel-by-the-Sea, CA 93921
Attachment "A"
engineering /1 surveying 11 planning
Re: Proposal for Land Surveying and Civil Engineering services for the Del Mar Master Plan Pathway
and Boardwalk.
It is a pleasure that we respond to your request to provide the above listed services. We look forward to
continuing our working relationship and enjoyed working with you on the San Antonio Avenue to Fourth
Avenue pathway, boardwalk and staircase. WWD has assembled the same team of Mayone Structural
Engineering for structural engineering and Haro, Kasunich and Associates for the Geotechnical
investigation.
Scope of Work
This proposal is based upon a meeting between Sean Conroy and Jeff Lorentz that occurred on
November 20, 2011 and the RFP dated October 12, 2011. Per the RFP, WWD will provide Civil
Engineering and Surveying services for the addition of a decomposed granite or asphalt pedestrian
walkway on San Antonio Avenue bet\Yeen Fourth Avenue and Ocean Avenue (Approximately 600 linear
feet). AlSo, a wood boardwalk (between 65 to 85 linear feet) and wood viewing platform {Approximately
200 Sq. ft. in area) on the north side of the Del Mar parking lot at the foot of Ocean Avenue is included in
this proposal. A more detailed scope of work is outlined below. Structural and geotechnical engineering
have been included in this scope of work.
•!• Topographic and Boundary Survey
The first portion of work will include the preparation of a comprehensive base map for the project design
team to utilize during the conceptual design stages of the project. The base map will also be the basis of
the construction documents discussed below.
In order to establish the existing boundary and rights-of-way, WWD assumes that subject property (or
adjacent properties) record Title boundary and easement information will be provided by the client. WWD
will then calculate and locate the record Title information for the basemap.
The survey will show the following items: Boundary lines and easements, topography with contours
mapped at 1' intervals and spot grades to identify high or low points, all hardscape areas such as curbs,
walls, sidewalks, planters, etc, drainage facilities {including inverts if obtainable), driveway aprons, walls,
buildings, miscellaneous structures such as signs, bollards, etc, and all readily visible above ground
utilities, trees (both species and diameter) in excess of 6" measured at thigh height, and any other visible
improvements. Underground utilities will be shown if there is readily visible physical evidence they exist.
Please note that only through excavation before or during construction can the limits of underground
utilities be fully determined.
2801 MONTEREY-SALINAS HIGHWAY, SUITE I MONTEREY, CA 93940
Phone: (831) 655-2723 Fax: (831) b55-3425 Web Site: WWDENGINEERING.COM E-Mail: MAIL@\V\VDENGINEERING.COI\1
30
•!• Concept Plans
The Intersection of San Antonio and Fourth Street will need to be reconfigured to accommodate the new
pedestrian walkway. A concept routing of a new accessible walkway and realignment of this intersection
will be prepared for your approval. WWD will also participate in development of a concept plan (with 2-3
alternatives) for the boardwalk and viewing platfonn at the foot of Ocean Avenue. Working with the City,
WWD will prepare a concept plan and alternatives for presentation to the City Planning Commission. We
will prepare site plans showing the concept alignment{s) on aerial imagery, color perspective
rendering(s) over a photo background and concept platform construction options.
•!• Construction Documents
Once the concept alignment and construction options are finalized, WWD will prepare the construction
documents for bidding and construction. The fees below are based upon placing the viewing platform at
the top of the bank, elevated just above the sand. If a concept is chosen that will create an elevated
platform, WWD may need to revise the total fees based upon the additional structural engineering
required.
The construction documents will include the following:
• Demolition plans.
• Planimetric layout (site plan) of proposed flatwork (walkways, intersection, parking, boardwalk
and view platform, etc), specifications on plan set
• Structural plans and calculations of viewing platfonn and retaining walls
• Grading of proposed improvements as listed above, retaining walls as required along the new
walkway.
• Saw cut and conform limits.
• Erosion control plans, notes, and details.
• Pavement and walkway sections as specified in geotechnical report.
• Pavement striping and signage.
• Construction RFI assistance
•!• Geotechnical Investigation
Haro, Kasunich and Associates (HKA) will provide 4 borings, 5-20 feet deep, to. determine the depth of
surface and subsurface conditions. HKA will require right of entry and all available maps or reports
.Pertinent to the site including any utility maps.
•!• Public Meetings
WWD will prepare the site plans and rendering for presentations to the City and will be available for
questions at public hearings (3 hearings included). Should the City require attendance at any other public
meetings or additional planning exhibits, WWD will invoice on a time and materials basis@ $130/hour.
Fees
Topographic and Boundarv Survey
Boundary Calculations and Retracement
Ground Topographic Survey
Base Map preparation
Sub Total
$
$
$
$
2801 MONTEREY-SALINAS HIGHWAY, SUITE I MONTEREY, CA 93940
2,500
2,400
1.600
6,500
Phone: (831) 655-2723 Fax: (831) 655-3425 Web Site: WWDENGINEERING.COM E-Mail: MAIL@NvWDENGINEERING.COM
31
Concept Plans
Pedestrian walkway, boardwalk and viewing platform
Construction Documents
Demolition, Site Plan, Grading Plan, Erosion Control Plan
Structural engineering
Construction RFI assistance (Geotechnical observation not included)
Sub Total
Geotechnical engineering
Public Meetings
Attend 3 public hearings
Total Fees
Printing allowance for submittals
Limitations
$ 9,000
$ 4,800
$ 4,680
$ 960
$ 10,440
$ 11,580
$ 1,050
$ 38,570
$ 500
Only the items in this scope of work are included. All other items are excluded. The following is a nonexclusive
list of specific items not included in this contract Additional proposals can be provided for items
that may arise during the approval and design phases.
• Property monumentation or maps, boundary resolution or easement research.
• Substantial revisions or redesigns of preliminary layout beyond this scope of work.
• Permits and fees, construction staking.
• Construction General Permit documents including SWPPP (Storm Water Pollution Prevention
Plan). Qualified SWPPP Practitioner services during construction. WWD Corporation can provide
these services and will submit a separate proposal as requested.
Invoicing will be presented for actual time and materials expended by WWD Corporation to complete the
above work. All mileage, meetings, mailings, reproductions, etc. outside the scope of work will be in
addition to the above proposal. These items will be billed at the rates listed in WWD Corporations
standard fee schedule, which can be provided if client accepts this proposal and requests the fee
schedule.
WWD Corporation will perform its services in a manner consistent with the standards of care and skill
ordinarily exercised by members of the profession practicing under similar conditions in the geographic
vicinity at the time the services will be performed. Therefore, no warranty or guarantee, either expressed
or implied, is part of the services offered by this proposal, nor does it create any fiduciary responsibility to
the client by WWD Corporation.
Thank you for the opportunity to provide you with this proposal. Please let us know if you have any
questions or comments.
Sincerely,
Jeff Lorentz
WWD Corporation
11-11-2011
Date
2801 MONTF.REV-SALINAS IHGIIWA \',SUITE I MONTERt:Y, CA 93940
Phone: (831) 655-2723 Fax: (831) 655-3425 Web Site: WWDENGINEERING.COI\1 E-Mail: ~1,<\l!,_((i~\YWD!fN.QIJ"f_].::I';Ril~I(;.!;Q~1