HomeMy WebLinkAbout1999-09-14; City Council; 15388; Contract Amendment For Carlsbad Skate ParkCITY OF CARLSBAD -- AGENDA B‘I’LL
TITLE : RATIFICATION OF CONTRACT
AMENDMENT FOR CARLSBAD SKATE PARK
RECOMMENDED ACTION :
Adopt Resolution No. q y-3/& approving Ratification of Amendment No. 3 to the existing
contract with David Evans and Associates for additional design and construction management
services.
I ITEM EXPLANATION :
On May 8, 1999, the Carlsbad Skate Park was dedicated and open for use. By all accounts, the
park has been a great success and skaters of all ages are enjoying the new facility. Council
accepted the project on May 18, 1999.
The City’s design consultant on the project was David Evans and Associates (DEA). They were
contracted to perform preliminary and final design and limited construction management
services. During the later part of construction, DEA was requested, by the City, to perform
services over and above the scope of their original contract including:
1. Additional site visits to ensure that the concrete work was of a top quality that would result in
the desired final skate surface.
2. Drawings for mid construction design changes based on suggestions from select members of
the “Skate Board Committee” that resulted in an improved product.
3. Additional field work and drawings to facilitate bringing electrical service to the project.
Council is being asked to authorize payment for these additional services in the amount of
$10,673.
FISCAL IMPACT:
Funds are available in the Carlsbad Skate Park construction account to cover the payment of
$10,673 to David Evans and Associates.
EXHIBITS:
1. Resolution No. ‘?9 /3/(1, ratifying the amendment to the contract with DEA
2. Ratification of Amendment No. 3 to Agreement with DEA.
RESOLUTION NO. 99-316
1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, FOR RATIFICATION OF CONTRACT
2 AMENDMENT FOR CARLSBAD SKATEPARK
WHEREAS, the City Council of the City of Carlsbad, California, has determined
necessary, desirable, and in the public interest to design and construct the Carlsbad
Skate Park; and
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8 management services with David Evans and Associates; and
9 WHEREAS, additional design and construction management was requested by
WHEREAS, the City has an existing contract for design and construction
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the City, and performed by David Evans and Associates.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, the following:
1. That the above recitations are true and correct.
2. That the Ratification of Contract Amendment No. 3 with David Evans and
Associates is hereby approved and that the Mayor and City Clerk are authorized and
17 II directed to execute said agreement for additional services in the amount of $10,673.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, held on the 14 th day of B, 1999, by the
following vote to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin
NOES: None
ABSENT: None
ATTEST:
RATIFICATION OF AMENDMENT NO. 3 TO AGREEMENT
This Amendment is entered into the 14 day of September , 199% but
effective as of the 1st day of April, 1999, amending the agreement dated November 7 1997, by
and between the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and
David Evans and Associates, hereinafter referred to as, “Contractor” for the Carlsbad Skate
Park.
RECITALS
WHEREAS, the initial agreement, dated November 7, 1997, identified a scope of work for
preliminary design services for the Carlsbad Skate Park; and subsequent Amendments Nos.
1,2, and 3, added final design and construction observations; and
WHEREAS, the parties to this aforementioned agreement desire, to alter the
scope of work as follows by: 1) increasing construction observation, 2) additional revisions to
the plans due to construction related changes, and 3) field work to determine the electrical
service routing to the site; and
WHERf%S, a supplemental scope of work and fee schedule have been
negotiated and agreed to between the parties hereto, and as shown on Exhibit “A”; and
WHEREAS, the City and Contractor desire to ratify any amended scope of work
already performed by the Contractor without benefit of this amendment of the agreement dated
November 7 1997;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
04/I 6198
’ . .
contained herein, City and Contractor hereby agree as follows:
1. The.retroactive amendment of the agreement is ratified.
2. Contractor has provided services as outlined on the attached Exhibit “A”.
3. City shall pay Contractor for all work associated with Paragraph 1 above, in
the amount of $ 10,672.19. Contractor has provided 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.
4. All other provisions of the aforementioned agreement entered into on
November 7, 1997, by and between City and Contractor shall remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor shall
include coverage for the amended assignment and scope of work.
Acknowledged and Accepted:
CONTRACTOR:
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(print name/title)
By:
ATTEST: /
K&XEN R. KUNDTZ, Assistant City Clerk
j!T&G&.J//7 1799
DATE’
(print name/title)
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
04/16/98
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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:
04/I 6198
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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OPTIONAL
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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Document Date: Number of Pages: 3
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Q 1997 Natioaal Notary Association - 9350 De Soto Ave., P.O. Box 2402 * Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free l-800-876-6827
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OPTIONAL
Though the information below is not required by law, ii may prove valuable to persons relying on fhe documenf
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Number of Pages: 3
Capacity(ies) Claimed by Signer
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Q 1997 National Notary Association * 9350 De Soto Ave., P.O. Box 2402 * Chatsworth, CA 913132402 Prod No. 5907 Reorder: Call Toll-Free I-800-876-6827
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DAVID EVANS AND ASSOCIATES, B
MEMORANDUM
TO: Mark Steyaert
FIRM: City of Carlsbad
FROM: Alan Fishman
DATE: August 25,1999
SUBJECT: SKATEPARK CONTRACT/ADDITIONAL COSTS
ATTACHMENT “A”
PROJ. X: CLBD-0001
COPIES: file
23382 Mill Creek Drive,
Suite 225
Laguna Hills,
California 92653
Tel: 949.588.5050
Fax: g4g.588.5058
As you requested, the outline which follows itemizes our cost overruns and amounts
1. Site Visits: From January to April, I was requested by Dwayne to attend 13 site visits. This exceeds my estimate
considerably. These visits do not include the pre-job meeting and final. Part of the reason for so many visits was
that early in the construction I observed forming problems with the transitions, as I identified to you. I went to the job-site 5 times in the first 2 weeks of February, to make sure the pours were correct. It took a little while for
Dwayne to understand what proper forming looked like, and what the appropriate finish was acceptable. I took it
upon myself to have Dwayne alert me before major pours so that I could inspect the forms, prior to pouring. The
alternative was to allow them to construct inferior work, and ask them to remove unacceptable portions. But
given the short construction period, I went ahead as outlined above. They only had to remove one ramp, to my
knowledge, because the transition was installed wrong. Other issues in the field included the drains in the pool,
which were installed wrong, the steel coping detail, and rock placement. ($4,172)
2.
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4.
Design Revision: At your request, based upon input from the skaters, we revised the paving and drainage plans,
and produced redlines for the contractor. This required input from the civil engineers, at an additional cost,
because I wanted to be sure that the drainage would work, given the fact that we were lowering the skating area
to the left of the pool, and the elevations were “tight”, in order to get the pool to drain. ($2,600)
Addenda/RF1 requests: It seemed that the contractor requested information several times, for each item.
Maybe it was the time crunch, but I recall spending a lot of time verifying design items with them over and over.
The workbench, drains/structures, coping, drinking fountain drain and lighting poles were major items requiring
clarification. They continually asked me for clarification on the sign, and I told them you were handling that
aspect of the project. ($2,400)
Design/Field Work For Electrical Extension: Late in the construction process Steve asked our civil engineers
to go out to the field, verify some conditions, and prepare an addenda package for the contractor. Initially, the
extent of the work was not clear to me, so Steve asked for additional help. The contract had just extended into
the liquidated damages period, and I think he wanted to show that we were doing everything we could to help
get the job done quickly. I reminded Steve that these costs were not anticipated in our budget, but the sense I got
from Steve was that it was ok to spend the extra money. I should have spoken to you. ($1,500)
Mark:
Let me know if you need any clarification of the items above.