HomeMy WebLinkAbout2000-02-08; City Council; 15610; ADA Architectural And Engineering ServicesE
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CITY OF CARLSBAD -AGENDA BILL I
AB# /-GL,/O I=:
RATIFICATION OF SECOND EXTENSION AND
MTG. 2/8/00 AMENDMENT NO. 2 AGREEMENT FOR AMERICANS WITH DISABILITIES ACT ARCHITECTURAL AND ENGINEERING
DEPT. PW/GS SERVICES (MOON MAYORAS ARCHITECTS)
DEPT. HD.
CITY AT&i@
RECOMMENDED ACTION:
Adopt Resolution No. $000 - c/( approving ratification of the Second Extension and
Amendment No. 2 to the Professional Services Agreement for Architectural and
Engineering Services for Americans with Disabilities Act (ADA) improvements to City
facilities.
ITEM EXPLANATION:
On September 18, 1996, the City entered into a professional services agreement
with Moon Mayoras Architects to perform architectural and engineering services to
City facilities for compliance with Americans with Disabilities Act (ADA) standards.
The Agreement had two phases:
1. Phase A - This phase required the architect to identify ADA
deficiencies, provide cost estimates and time estimates for completion.
2. Phase B - This phase required the architect to provide specifications
and construction documents for the work identified in Phase A.
On June 17, 1997, the City acknowledged the completion of Phase A and authorized
Moon Mayoras Architects to begin implementing Phase B by adopting Resolution No.
97-488. This resolution also extended the original agreement for one more year.
On September 17, 1998, the agreement expired. By September 17, 1998, most of
the work for Phase B was completed by the architect. However, Facilities staff of
Public Works continued to use the services of Moon Mayoras Architects without the
benefit of an extended agreement. From March 12, 1999 through June 18, 1999,
Moon Mayoras Architects continued to provide professional services to the City to
complete Phase B. Phase B is now complete and the City has encumbered a
$43,097 overdue balance. The City could not pay Moon Mayoras Architects for their
services because purchase order funds were entirely consumed and not available
with the Agreement expired in September.
All of the construction documents have been delivered to the City. In fact, 95% of all
the facilities the architect identified as having ADA deficiencies have been upgraded
and are in compliance with ADA standards. These facilities include city hall, the city
yard, the swim complex, the Granary Building, Harding Community Center, Heritage
Hall and the Krugar, Elmwood and Magee Houses.
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PAGE 2 OF AGENDA BILL NO. 6 6/o
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While construction was ready to get underway at Heritage Hall, staff identified
additional modifications. Given the firm’s work on Phases A and B, staff would like to
continue using Moon Mayoras Architect services to design the additional
modifications at Heritage Hall. These modifications will include raising the existing
floor, installing new walls and electrical utilities at the kitchen area, as well as new
stairs. The estimated cost for these services is $5,300.
In addition to Heritage Hall, staff identified additional modifications to the public
bathrooms at Magee Park. Staff would also like to use Moon Mayoras Architects to
complete this project as well. The additional modifications will require structural
alteration/demolition to an existing masonry wall for wheelchair accessibility. A
second masonry wall will be constructed and new plumbing fixtures will be installed.
The estimated cost for these services is $5,600.
At the request of the City Attorney’s Office, staff has prepared a ratification of a
Second Extension and Amendment to the September 18, 1996 Agreement. The
ratified agreement will allow Moon Mayoras Architects to receive its compensation
($43, 097) for services already performed, and it will authorize them to begin work for
additional design services at Heritage Hall and the bathroom facilities at Magee Park
($10,900).
ENVIRONMENTAL REVIEW:
No environmental review is required since the agreement is for professional design
services. However, when construction is ready to begin for Heritage Hall and the
bathroom improvements at Magee Park, these projects will be exempt from
environmental review per CEQA - Class 1 (c), Minor alteration of existing facility.
FISCAL IMPACT:
The project cost shall not exceed $55,000. Funding is available in the Capital
Improvement Program budget. Currently there is a balance of $307,919 in the ADA-
Miscellaneous City Facility Modifications account (account no. 3007000-9060-3441 l-
900). The breakdown for this cost is as follows:
$43,097 - for services performed from 3/l 2/99 through 6/l 8/99
$10,900 - additional design modifications
&,~Ul~ - eligible reimbursable expenses
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Before the Agreement expired in September 1998, the City had spent $85,300 for
ADA design services.
PAGE 3 OF AGENDABILL NO. /s 6 / 0
EXHIBITS:
1. Resolution No. doQO- qs approving ratification of the Second Extension and
Amendment No. 2 to the Professional Services Agreement for Architectural and
Engineering Services for Americans with Disabilities Act (ADA) improvements to
City facilities.
2. Ratification of Second Extension and Amendment No. 2 to Agreement for
Americans with Disabilities (ADA) Architectural and Environmental Services.
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RESOLUTION NO. 2000-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING RATIFICATION OF SECOND EXTENSION AND AMENDMENT NO. 2 AGREEMENT FOR AMERICANS WITH DISABILITIES ACT ARCHITECTURAL AND ENGINEERING SERVICES (MOON MAYORAS ARCHITECTS1
WHEREAS, on September 18, 1996, the City entered into a professional services
agreement with Moon Mayoras Architects to perform architectural and engineering services to
City facilities for compliance with Americans with Disabilities Act (ADA) standards (the
II “Agreement”); and
WHEREAS, notwithstanding expiration of the Agreement on September 17, 1998, the City
continued to use the services of Moon Mayoras Architects resulting in an overdue balance of
$43,097; and
WHEREAS, Moon Mayoras Architects has successfully completed Phase B, the
preparation of specifications and construction documents, of the Agreement; and
WHEREAS, the City desires to use Moon Mayoras Architects for additional ADA design
services for Heritage Hall and the public bathrooms at Magee Park; and
WHEREAS, there are sufficient funds available in the Capital Improvement Program, ADA
- Miscellaneous City Facility Modifications, account number 3007000-9060-3441 I-900; and
WHEREAS, the ratification of a Second Extension and Amendment No. 2 to the
Professional Services Agreement with Moon Mayoras Architects has been prepared and
submitted hereto.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad as
follows:
1. That the above recitations are true and correct.
2. That the City hereby accepts the completion of Phase B of the professional services
agreement with Moon Mayoras Architects.
3. That the ratification of a Second Extension and Amendment No. 2 is hereby approved
and the Mayor is authorized and directed to execute said Agreement.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City
Df Carlsbad held on the 8th day of February , 2000 by the following
dote, to witt:
AYES: Councilmembers Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
ABSENT: None.
4TTEST:
r
+MAINW~W~~D, N)Clerk
Karen R. Kundtz, Assl%tant City Clerk
(SEAL)
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RATIFICATION OF SECOND EXTENSION AND AMENDMENT NO. 2 TO
AGREEMENT FOR AMERICANS WITH DISABILITIES ACT (ADA)
ARCHITECTURAL AND ENVIRONMENTAL SERVICES
This Amendment is entered into the 15th day of FEBRUARY ,2000, amending
the agreement dated September 18, 1996 (the “Agreement”) by and between the City of
Carlsbad, a municipal corporation, hereinafter referred to as “City”, and Moon, Mayoras
Architects, Inc., hereinafter referred to as, “Contractor” for professional architectural and
engineering design services.
RECITALS
WHEREAS, the Agreement, as amended, expired on September 17, 1998 and
the Contractor continued to work on needed services without benefit of agreement; and
WHEREAS, the City and Contractor desire to ratify the extension of the term of
the Agreement and any amendments thereto for a period of nineteen months ending on April 17,
2000; and
WHEREAS, the Agreement identified a scope of work which included the
provision of architectural and enaineerina services for oreoaration of cost and time estimates
and construction documents for Americans with Disabilities Act (ADA) alterations to Citv
and facilities;
WHEREAS, the parties to the Agreement desire to alter the scope of work as
follows: Drovide desian modifications to Heritaae Hall and to the Dubtic bathrooms at Magee
&I&; and
WHEREAS, a supplemental scope of work and fee schedule have been
negotiated and agreed to between the parties hereto, and is attached hereto as Exhibit “A”
Scope of Services and Fee, which is incorporated herein by reference; and
WHEREAS, the City and Contractor desire to ratify any amended scope of work
already performed;
04117t98
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NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor hereby agree as follows:
1 .The retroactive extension and amendment of the Agreement is ratified.
2.The term of the Agreement shall end on April 17. 2000, with no provision for
extension.
3. Contractor shall provide services as outlined on the attached Exhibit “A”.
4. City shall pay Contractor for all work associated with Paragraph 1 above and
for work associated in the first and second amendments, on a time and materials basis not-to-
exceed $55000.00. Contractor shall provide City, on a monthly basis, copies of invoices
sufficiently detailed to include hours performed, hourly rates, and related activities and costs for
approval by City.
5. All other provisions of the Agreement and any amendments thereto shall
remain in full force and effect.
6.All requisite insurance policies to be maintained by the Contractor shall include
coverage for the amended Agreement and scope of work for the extension period.
Acknowledged and Accepted:
CONTRACTOR:
(print name/title) (print name/title)
By: By:
y/ @i6 5. #E?@‘@-- y/ @i6 5. #E?@‘@--
(print name/title) (print name/title)
DATE DATE
M LCRR$#NE M. WOOD
(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
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
04/i 7198
g4G?
A -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA -
COUNTY OF (l&x-
personally appeared
v (or proved to me on the basis of satisfactory evidence) to
be the person(s) whose names is/are subscribed to the within instrument and
acknowledged to me that h&he/they executed the same in hi&&their
authorized capacity(ies), and that by b&&ret-/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed this
instrument.
WITNESS my h? and official seal.
Signatur%*ddAM
(This area for official seal)
EXHIBIT A
DAVID N. MOON, AIA July 1, 1999
DOUGLAS A. MAYORAS, AIA
Mr. Chuck Walden
Facilities Manager
City of Cartsbad Community Services Dept
405 Oak Avenue
Carlsbad, CA 92008
Re: City of Carlsbad (COC)Transition Plan Implementation Projects
MMA Project No. 961602.xX
Dear Chuck:
Thank you for your telephone call yesterday afternoon as related to the current
invoicing status. From our call, it is my understanding that the City of Carlsbad (COC) is currently planning to consolidate the 14 invoices from March of this year
(totalling to $29.394.16) into an overall contract modification, as a result of the COC
project construction schedule exceeding the time frame of the current contract. In
addition, you have also requested that MMA attempt to identify any known future expenses as related to the current and upcoming billings for inclusion in the same
ARCHITECTURE contract modification.
MASTERPLANNING
PROGRAMMING
As requested, please find attached a summary of all additional hours for the following projects (we are also including timesheet backup for your records):
The Granary (MMA Project No. 961694.01) Harding Hall (MMA Project No. 961604.01)
Heritage Hall (MMA Project No. 961604.01)
Housing & Redevelopment (MMA Project No. 961604.01)
Public Toilets (MMA Project No. 961604.01)
Our records indicate that a total of 188 actual hours of additional time was expended
on COC projects for the period from 03/12/99 through 06/18/99. All time associated
with these projects was the result of two sources as follows: 1) Owner Design/Field
Changes, and 2) Agency (ESGIL) Changes.
In addition, we have also been asked to provide additional proposals for design modifications as follows:
655 ‘G’ STREET, SUITE A
SAN DIEGO, CA 92101
PHONE (619) 236-9760
FAX (619) 2359773
1. Heritage Ha// (MMA Project No. 961602.06): Demolish existing raised floor and
replace with a new floor to be installed approximately 6” higher. The existing floor is
connected directly the walls as part of a “Balloon Wall” framing system. The work
would also include installing new walls and electrical utilities at the kitchen area, as
well as new stairs. We have estimated the additional fee associated with these
services to be approximately $5,300, plus customary project reimbursable expenses.
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Mr. Walden
July 1, 1999
Page 2
2. Public Toilets (MMA Project No. 967602.11): New design for men’s & women’s
toilet facilities. Project requires structural alteration/demolition to an existing masonry
wall, and construction of a second masonry wall where new plumbing fixtures are to
be installed. We have estimated the additional fee associated with these services to
be approximately $5,600, plus customary project reimbursable expenses.
The following would be a synopsis of all anticipated expenses known or anticipated
at this time for inclusion in a single contract modification:
1. March Invoices (14) : $29.394.16 (resent 05/2fiB9 - additional copies
available upon request)
03121600.09 $5880.00
03121602.01 $ 387.84
03121602.02 $ 73.47
03121602.03 $ 70.54
03121602.03.CA $ 3,050.oo 03121602.04 $ 1,179.07
03121602.05 $ 1.960.33
03121602.06 $ 7,236.42
03121602.07 $ 4,868.78
03121602.08 $ 103.53
03121602.08.CA $ 2,230.OO
03121602.10 $ 61.82
03121602.1O.CA $ 1,795.oo
03121602.11 $ 497.36
Total Invoices Outstanding $29,394.16
2. Owner changes to date: $8,465.00 (refizr to backup enclosed)
3. Agency (ESGIL) changes to date: $4,037.50 (ret&r to backup enclosed)
4. Reimbursable Expenses for period from 0302 to 0608: $1,200 (estimated)
5. Heritage Hall Design Services: $5,300 + reimbursables
6. Public Toilet Design Services (McGee Park): $5,600 + reimbursables
We would also anticipate that some additional allowance should be made for
unforeseen field conditions/revisions during the Construction of the Heritage Hall and
Public Toilet redesign.
Thank you, Chuck, for your helpful and proactive approach in responding to our office
as related to the March invoices. It is my understanding that you will be out of the
office for a couple of weeks starting today, and returning for a couple of days prior to
leaving the City of Carlsbad. If you should have any questions as related to this
letter, please do not hesitat.e to call me.
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Mr. Walden
July 1, 1999 Page 3
I wish you the best in your career change, and hope to see you sometime in the
future!
Sincerely,
& David N. Moon, AIA, NCARB
Principal
DNM\mcm
CC: Files 961602.04/.06/.07/.11 1.3 V. Guido
T. Sayre
- Recap of Employee Hours -
MI..- 4 Project 961602.04-05-06-0~ - 1
March 12 through June 18,1999
The Granarv
961602.04.01
Week Ending Hours
03/l 2/99 JLL 7.0
VMG 1.5
03/l 9199 JLL 6.0
VMG 1.5
03/26/99 VMG 1.5
Week Total 17.5
D8scfi~tion
Owner Changes
Owner Changes
Owner Changes
Owner Changes
Owner Changes
Hardina Hall
961602.05.01
Week Endinq Hours Descti~tion
03/l 2199 VMG 1.5 Owner Changes
03/l 9l99 VMG 1.5 Owner Changes
04/23/99 JLL 25.5 Agency Changes (Esgil)
Week Total 28.5
Heritage Hall
961602.06.01
Week Endinq Hours Descrbtion
03/l 2199 JLL 33.0 Owner Changes
VMG 1.5 Owner Changes
03119199 JLL 34.0 Owner Changes
VMG 1.5 Owner Changes
03/26/99 JLL 1.0 Owner Changes
VMG 1.5 Owner Changes ’
04/02/99 JLL 26.0 Owner Changes
04/09/99 JLL 6.0 Owner Changes
Housina & Redevelopment
961602.07.01
Week Endinq
04/l 6i99 JLL
04/23/99 JLL
LEA
Week Total
Hours
25.0
11.0
1.0
37.0
D8scti~tion
Agency Changes (Esgil)
Agency Changes (Esgil)
Agency Changes (Esgil)
Public Toilets
961602.11 .Ol
Week Ending Hours D8sct-i~ tion
3/12/99 VMG
3/l 9199 VMG
Week Total
7.0
7.0
2.0
Owner Changes
Owner Changes
GRAND TOTAL 789.5
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Recap of Employee Hours
MMA Project 961602.04-05-06-07-11
March 12 through June 18,1999
Owner Chanaes
Construction Administration (VMG) = 14.0 Hours x $60 = $1,120.00
Technical Support (JLL) = 113.0 Hours x $65 = $7345.00
Total Owner Changes 127.0 Hours $8,465.00
Anencv Changes
Construction Administration (VMG) = 0.0 Hours x $80 = $0.00
Technical Support (JLL) = 61.5 Hours x $65 = $3,997.50
Administrative Support (LEA) = 1.0 Hoursx$40 = $40.00
Total Agency Changes = 62.6 Hours $4,037.50
Grand Total 189.5 Hours/S12,502.50