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HomeMy WebLinkAbout2026-01-27; City Council; Resolution 2026-023Exhibit 1 RESOLUTION NO. 2026-023 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AN AMENDMENT AND EXTENSION OF THE DESIGN SERVICES AGREEMENT WITH LPA, INC. FOR ADDITIONAL CONTRACT ADMINISTRATION SERVICES FOR THE MONROE STREET POOL RENOVATION AND REPLACEMENT PROJECT AND APPROPRIATING ADDITIONAL FUNDING WHEREAS, on Feb. 14, 2023, the City Council adopted Resolution No. 2023-055, authorizing Amendment No. 3 to the professional services agreement with LPA, Inc. to develop design and construction documents for the Monroe Street Pool Renovation and Replacement Project, Capital Improvement Program, or CIP, Project No. 4724, or Project; and WHEREAS, Amendment Nos. 4 through 6 were executed by the City Manager within his authority; and WHEREAS, on Sept. 10, 2024, the City Council adopted Resolution No. 2024-214, approving the Project plans, specifications and contract documents, appropriating construction funding and authorizing the advertisement of the construction documents for bidding; and WHEREAS, on Jan. 14, 2025, the City Council adopted Resolution No. 2025-003, awarding a construction contract to Edwards Construction Group, Inc., and authorizing the City Manager to approve construction change orders for the Project in an amount not to exceed $1,695,198; and WHEREAS, construction of the Project commenced on March 31, 2025, and is now approximately 50% complete with an estimated completion date of Sept. 18, 2026; and WHEREAS, the budgeted funding for contract administration services included in the professional services agreement with LPA, Inc. has been exhausted, and additional appropriations are needed; and WHEREAS, staff request execution of Amendment No. 7 with LPA, Inc. and additional appropriation in an amount not to exceed $243,000 for additional contract administration services; and WHEREAS, excess funds were returned to the three funding sources after construction contract award, and funding is requested from the three funding sources in the same percentages as was returned: $128,790 from the General Capital Construction Fund (53%), $82,620 from the Infrastructure Replacement Fund (34%), and $31,590 from the Park-in-lieu Fees – Northwest Quadrant (13%) for a total of $243,000 of additional appropriation. Jan. 27, 2026 Item #4 Page 5 of 14 Docusign Envelope ID: 8605E843-BE83-4B1E-9C57-B8F7E7F162A7 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the City Council has determined that the proposed action is not a “project” as defined by California Environmental Quality Act, or CEQA, Section 21065 and CEQA Guidelines Section 15378(a) and does not require environmental review under CEQA Guidelines Section 15060(c)(2) because the action is limited to the execution of an amendment to a professional services agreement to provide additional contract administration services for the Monroe Street Pool Renovation Project. The action has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. 3.That the Mayor is authorized to execute Amendment No. 7 for the extended contract administration services for the Monroe Street Pool Renovation and Replacement Project, CIP Project No. 4724, attached hereto as Attachment A. 4.That the City Manager or designee is authorized to appropriate a total of $243,000 from three funding sources distributed as follows: $128,790 from the General Capital Construction Fund, $82,620 from the Infrastructure Replacement Fund, and $31,590 from the Park-in-lieu Fees – Northwest Quadrant. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of January, 2026, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. NAYS: None. ABSTAIN: None. ABSENT: None. ______________________________________ KEITH BLACKBURN, Mayor ______________________________________ SHERRY FREISINGER, City Clerk (SEAL) Jan. 27, 2026 Item #4 Page 6 of 14 Docusign Envelope ID: 8605E843-BE83-4B1E-9C57-B8F7E7F162A7 PSA19-721TRAN City Attorney Approved Version 5/30/2025 1 AMENDMENT NO. 7 TO EXTEND AND AMEND AGREEMENT FOR MONROE STREET POOL REPLACEMENT DESIGN SERVICES LPA, INC. This Amendment No. 7 is entered into and effective as of the _______ day of ___________________________, 2026, extending and amending the agreement dated April 10, 2019, (the “Agreement”) by and between the City of Carlsbad, California, a municipal corporation (“City”), and LPA, Inc., a California corporation (“Contractor”) (collectively, the “Parties”) for design services. RECITALS A.On February 12, 2020, the Parties executed Amendment No. 1 to the Agreement to alter the Agreement's scope of work to include an evaluation of the operational costs for each of three conceptual design options currently under consideration by the City; and B.On May 6, 2021, the Parties ratified Amendment No. 2 to the Agreement to retroactively extend and amend the Agreement since the Agreement had expired; and C.On February 16, 2023, the Parties executed Amendment No. 3 to the agreement to extend the Agreement term inclusive of all Amendments to date, for a period of three (3) years and to alter the Agreement's scope of work to commence and complete design development work for Concept 3, develop construction documents for the scope of work included, provide independent cost estimating services, bidding assistance as needed and construction administration services; and D.On June 23, 2025, the Parties executed Amendment No. 4 to the agreement to alter the Agreement's scope of work to include design services related to constructing a new roof on the administration building and low voltage wiring for installation of card readers and cameras; and to amend the indemnification obligation in the Agreement; and E.On July 15, 2025, the Parties executed Amendment No. 5 to the agreement to alter the Agreement's scope of work to (1) revise air conditioning equipment specification due to regulation change, (2) upsize water meter and service to site due to inaccurate as-built drawings, (3) add a hose bibb on the roof of the mechanical equipment building for roof maintenance work, and (4) revise locker type and quantity, and (5) redesign the plumbing due to foundation footing conflicts; and F.On November 12, 2025, the Parties executed Amendment No. 6 to the agreement to alter the Agreement’s scope of work to revise the lobby of the administration building due to changes requested by the user group. These changes include the installation of turn styles between the lobby and the corridors to the pool; reception counter changes to improve security and a change to the flooring material so the flooring material is consistent with the rest of the facility; and G.The Parties desire to extend and amend the Agreement’s scope of work to continue providing architectural and engineering design and support services through to the projected end of the project, as outlined in the attached proposal dated December 15, 2025. Services will include changes to the lobby reception desk of Building A; and Docusign Envelope ID: 357977F6-E917-41DC-AE02-4BFBD65BDF0A Attachment A Jan. 27, 2026 Item #4 Page 7 of 14 Docusign Envelope ID: 8605E843-BE83-4B1E-9C57-B8F7E7F162A7 28th January PSA19-721TRAN City Attorney Approved Version 5/30/2025 2 H. The Parties now desire to extend the Agreement for a period of one (1) year; and I. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit “A,” Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on April 6, 2027. 2. In addition to those Services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit “A.” City will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to- exceed two hundred forty-two thousand nine hundred thirty-five dollars ($242,935). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. With this Amendment, the total Agreement amount shall not exceed two million two hundred seven thousand one hundred ten dollars ($2,207,110). 4. Contractor will complete all work described in Exhibit “A” by April 6, 2027. 5. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 6. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 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. [signatures on following page] Docusign Envelope ID: 357977F6-E917-41DC-AE02-4BFBD65BDF0A Jan. 27, 2026 Item #4 Page 8 of 14 Docusign Envelope ID: 8605E843-BE83-4B1E-9C57-B8F7E7F162A7 PSA19-721TRAN City Attorney Approved Version 5/30/2025 3 CONTRACTOR LPA, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) KEITH BLACKBURN, Mayor Jon Mills, Chief Operating Officer (print name/title) ATTEST: SHERRY FREISINGER, City Clerk By: By: (sign here) Deputy / Assistant City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Assistant City Attorney Docusign Envelope ID: 357977F6-E917-41DC-AE02-4BFBD65BDF0A Jan. 27, 2026 Item #4 Page 9 of 14 Docusign Envelope ID: 8605E843-BE83-4B1E-9C57-B8F7E7F162A7 PSA19-721TRAN City Attorney Approved Version 5/30/2025 4 EXHIBIT “A” SCOPE OF SERVICES AND FEE Scope of Services: The design consultant team will continue to provide architectural and engineering design and support services through to the end of the project, as outlined in the attached proposal dated December 15, 2025. Services will include changes to the lobby reception desk of Building A. Professional Discipline Service Fee Architectural Services Hourly basis $225,500 Engineering Services Hourly basis $13,000 Design of Bldg. A lobby desk/glass Hourly basis $1,935 Reimbursable Expense Allowance As incurred $2,500 Total NTE Amendment Fee Value $242,935 Docusign Envelope ID: 357977F6-E917-41DC-AE02-4BFBD65BDF0A Jan. 27, 2026 Item #4 Page 10 of 14 Docusign Envelope ID: 8605E843-BE83-4B1E-9C57-B8F7E7F162A7 J:\2019\1902710\DOCS\101 Contracts_Proposals\Client\Additional Services Proposals\PSA 08 - Additional CA Fee\C19027.10 Carlsbad Monroe Pool - Additional Service PSA 08r1_25_1215_ej.docx IRVINE • SACRAMENTO • SAN DIEGO • SAN JOSE • AUSTIN •DALLAS • SAN ANTONIO December 15, 2025 Mr. Steven Stewart City of Carlsbad Public Works, Fleet & Facilities Department 1635 Faraday Ave. Carlsbad, CA 92008 Re: Carlsbad Monroe St. Pool Renovation - Additional Services #0 8r1 LPA Project No. 19027.10 Dear Mr. Stewart, As requested by the City of Carlsbad (Client), LPA will provide architectural and engineering services for extended construction administration (CA) services . Current contracted services for CA included 20 bi -monthly construction progress meetings (OAC) with 10 site visit meetings for 10 months of CA (43 weeks of construction ). CA was initiated on February 4, 2025, and services extended through December 2, 2025 . The project schedule update provided at the OAC meeting on Tuesday, November 25 th by the general contractor, stated that the current final project completion date is now Sept. 18, 2026, or an additional 41 weeks of construction. In addition to extended CA, LPA will provide architectural and engineering services for the following additional scope requested by the Client. •Revise construction documents to reflect requested changes to the lobby of Building A per comments in OAC meeting on Tuesday, November 25, 2025: o Architecture: ▪Change the security glass partition and service window around lobby reception desk. ▪Provide updated details for glass wall. o Structural: ▪Review structural calcs for new glass wall around lobby reception desk . ▪Revise detailing for glass wall. Schedule: Upon notice to proceed from Client, the proposed schedule will extend 41 weeks from 12/2/2025 – 9/18/2026 . Compensation : For the scope as described above, LPA respectfully requests an estimated hourly, time and material fee as outlined below. $238,500 .00 Extended Construction Administration Phase Services (4 1 weeks, excluding site visits) $5,500.00 /week x 4 1 weeks + $13,000 for WSP Consultant $1,935.00 Revise lobby glass wall $2,500 .00 Reimbursables $242,935 .00 Total PSA19-721TRAN Amendment No. 7 Exhibit "A" (Cont.) Docusign Envelope ID: 357977F6-E917-41DC-AE02-4BFBD65BDF0A Jan. 27, 2026 Item #4 Page 11 of 14 Docusign Envelope ID: 8605E843-BE83-4B1E-9C57-B8F7E7F162A7 Carlsbad Monroe St. Pool Renovation PSA 08r1 Page 2 LPA PROJECT NO.: 1902710 J:\2019\1902710\DOCS\101 Contracts_Proposals\Client\Additional Services Proposals\PSA 08 - Additional CA Fee\C19027.10 Carlsbad Monroe Pool - Additional Service PSA 08r1_25_1215_ej.docx Hourly Rates: The following hourly rates will apply for professional service fees: BASIC HOURLY RATE SCHEDULE Principal $315.00 Project Director $260.00 Senior Pro. Leader $225.00 Project Leader $215.00 Design Coordinator II $175.00 Design Coordinator I $150.00 Designer III $135.00 Designer II $125.00 Designer I $115.00 Intern $85.00 Senior Specialist $155.00 Specialist III $115.00 Specialist II $100.00 Specialist I $90.00 NOTE: These rates are effective January 1, 2025, and are subject to change annually. Reimbursable expenses are in addition to the base compensation. The reimbursable allowance will be billed only to the extent used. These expenses are invoiced at cost plus ten percent as incurred. Billing / Payment: LPA shall invoice the Client monthly for work completed consistent with the terms of the Contract. Assumptions: •Any outside consultant services, should they be necessary, are excluded from this proposal. •LPA discipline services to be provided include: Civil, Landscape, Architecture, Interior Design, Structural, Mechanical, Electrical, Lighting and Plumbing Engineering. Any work not outlined here will be considered outside the scope of this proposal and can be addressed in a future request for additional services. We kindly request approval of this additional service for Construction Administration based on the terms of our contract and will continue the work immediately upon your emailed confirmation acceptance of t his additional service . Sincerely, Michael K. Davis, Architect Project Manager attached: WSP SCA Proposal cc: Lindsay DeCeault , Kelly Ferris, Eric Jones , LPA PSA19-721TRAN Amendment No. 7 Exhibit "A" (Cont.) Docusign Envelope ID: 357977F6-E917-41DC-AE02-4BFBD65BDF0A Jan. 27, 2026 Item #4 Page 12 of 14 Docusign Envelope ID: 8605E843-BE83-4B1E-9C57-B8F7E7F162A7 City of Carlsbad – Monroe Pool Replacement Engineering/Consulting Scope Change Agreement December 10, 2025 Page 1 WSP USA 15231 Laguna Canyon Road Suite 100 Irvine, CA 92618 wsp.com SCOPE CHANGE AGREEMENT (“SCA”) BETWEEN WSP AND CLIENT This Scope Change Agreement (SCA) is effective December 10, 2025, and provides for additional services for the project named “City of Carlsbad – Monroe Pool Replacement” (WSP B2305567.002) between LPA, Inc. (Client) [Attention: John Courtney] and WSP. 1.WSP will provide the following Scope Change related Services: •RFI responses, Submittal reviews, on-line meetings as required. Site walks in addition to punch walks if required. 2.Engineering / Consulting Sub-Consultants: Sub-consultants are not proposed for this project. 3.Client will compensate WSP for the scope change listed above in accordance with the following additional fee(s): Engineering/Consulting Scope Change – Hourly Not-to-Exceed Fee Fee TOTAL $ 13,000.00 4.This Agreement is subject to the terms and conditions of the original professional services agreement for the project including the insurance program. 5.This Agreement is subject to the terms of the original professional services agreement in regard to reimbursable expense billing. 6.This Scope Change Agreement will remain open for thirty (30) days from December 10, 2025. LPA, Inc. (Client) finds the scope and fees acceptable and by executing below has agreed to accept the terms and conditions stated herein. WSP LPA, Inc. (Client) Raymond Swartz, PE, MIES, LEED AP Name (Signature Above): Senior Vice President Title: Lic. #E15610 Client Project No.: cc: Rick Brysacz, WSP Belinda Lopez, WSP P:\2023\B2305567.000 City of Carlsbad Monroe Pool\PSA and SCA\B2305567.000 - 2.docx PSA19-721TRAN Amendment No. 7 Exhibit "A" (Cont.) Docusign Envelope ID: 357977F6-E917-41DC-AE02-4BFBD65BDF0A Jan. 27, 2026 Item #4 Page 13 of 14 Docusign Envelope ID: 8605E843-BE83-4B1E-9C57-B8F7E7F162A7