HomeMy WebLinkAbout2001-03-06; City Council; 16104; Contract Amendments For City Golf Course ProjectCITY OF CARLSBAD -AGENDA BILL
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MTG. $&d APPROVAL OF CONTRACT AMENDMENTS FOR
THE CARLSBAD CITY GOLF COURSE PROJECT
DEPT. CD CITY MGR
RECOMMENDED ACTION:
Staff recommends the City Council ADOPT RESOLUTION NO. &)m/- 7 t;/
approving Ratification of Amendments to three (3) contracts for the Carlsbad City Golf
Course Project and appropriation of project funds.
ITEM EXPLANATION:
Project Redesign: From 1996 to the present, the Carlsbad City Golf Course Project has
undergone extensive review and analysis by Federal and State Resource Agencies
participating in the preparation of the Carlsbad Habitat Management Plan (“HMP”). The
City’s HMP was officially approved by the Carlsbad City Council in September of 1999 and
is currently under formal review by these agencies. The lengthy and complex HMP
negotiations, which included the City’s Golf Course Project, resulted in this project being
listed as a “hard-line” design within the HMP document. That is to say, if and when the
HMP is approved, the approval effectively extends to the Golf Course Project as well.
Complicating both the HMP and City Golf Course Project approval process has been the
California Coastal Commission’s June, 2000 assertion of authority to “appeal” the City of
Carlsbad issued Coastal Development Permit for the Golf Course Project.
Notwithstanding the City’s certified Local Coastal Plan (“LCP”) authority over the Golf
Course Project, the California Coastal Commission has exercised its “appeal authority”
over the permit. Accordingly, the Federal and State review and approval process leading
to the ultimate certification of the City’s HMP and the final permit entitlement of the City’s
Golf Course Project has been delayed indefinitely.
The effect upon the City’s Golf Course Project design by the Federal and State Resource
Agencies over the last 4 years has been considerable. The final project design was
modified directly by the United States Fish and Wildlife Service and the California
Department of Fish and Game. Further modifications were mandated by permit
entitlement conditions from the San Diego Regional Water Quality Control Board, the
Federal Environmental Protection Agency, the United States Army Corps of Engineers,
and adherence to local agency development ordinances and regulations of the City of
Carlsbad. Finally, substantial design modifications were required by the San Diego Gas
and Electric Company which controls three (3) significant overhead power line corridors
traversing the property as well as several underground gas and electric facilities affected
by the proposed project.
In short, the redesign requirements of the City’s Golf Course Project placed upon it by the
Federal and State Resource Agencies resulted in countless and complex changes. In
many cases, the City’s design team was making substantial modifications one month only
to have them changed again the following month by these same agencies. Numerous
additional environmental studies and substantial additional field engineering work led to a
PAGE 2 OF AGENDA BILL NO. 16 1 / 0 cf
corresponding amount of in-house redesign to the City’s largest project comprising 350
sheets of engineering, building, landscape, and bridge drawings and over 1500 pages of
construction specifications. The City’s design team completed its substantial redesign
effort in the Fall of 2000 and the City Golf Course Project was advertised for construction I
development proposals. The City subsequently received construction cost proposals to
build the City Golf Course Project, however, has not awarded any construction contracts
due to the HMP and California Coastal Commission entanglements.
The substantial redesign work required of the design team during this time period is
supplemental work which requires the ratification of an amendment to their design contract
and is attached as Exhibit 2. Staff recommends approval of this contract amendment.
Retention of Special Counsel and Leqislative Lobbyist: The City has previously retained
the law firm of Fox & Sohagi, LLP as Special Counsel to the City to advise and assist the
City with legal issues related to the HMP and Golf Course review process by the Federal
and State Resource Agencies, including the California Coastal Commission. Additionally,
the City has previously retained McCabe and Associates to advise and assist the City with
legislative and regulatory lobbying efforts with these same agencies. The contracts for
both of these specialized consultants to the City require amendments to ratify work
already completed on behalf of the City and position the consultants for future work related
to the ongoing negotiations with the agencies. These contract amendments are attached
as Exhibits 3 and 4. Staff recommends approval of these contract amendments.
FISCAL IMPACT:
The attached supplemental scope of work lists 96 categories of design modifications to the
design plans and specification package for the City Golf Course Project required by the
Federal and State Resource Agencies over the last 4 years. City staff from the Finance
and Community Development Departments have reviewed in depth the redesign cost
accounting for this work supplied by the City’s design team and find the costs to be
supported with proper and detailed cost accounting data. The total cost for the Ratification
of Amendment No. 3 to the original design and development consulting agreement is
$572,273. This amount is the final and complete summary of additional redesign costs for
all phases and components of the estimated $25 million project.
Attached are the Ratification of Amendment Nos.1 respectively to the Special Counsel and
legislative lobbyist consulting agreements in the amount of $50,000 each. These amounts
will ratify past completed work and position the City’s advisers to continue their consulting
representation of the City in the ongoing HMP and Golf Course Project negotiations with
the Federal and State Resource Agencies, including the California Coastal Commission.
Staff recommends approval of the three (3) contract amendments with a total cost of
approximately $675,000. There is currently $466,000 available in the Golf Course project
account. Staff is recommending that $366,000 of that amount be used to offset the
$675,000 required for the contract amendments, resulting in an additional appropriation of
$309,000. The remaining $100,000 will be reserved for ongoing general project expenses.
PAGE 3 OF AGENDA BILL NO. 16, 10 4
EXHIBITS:
1. Resolution No. 300 1 - 7 approving three (3) amendments to contracts for
the Carlsbad City Golf Course Project.
2. Ratification of Amendment No. 3 to agreement with Phoenix - 95 Investments,
LLC, d.b.a. Raven Golf Management.
3. Ratification of Amendment No. 1 to agreement with Fox & Sohagi, LLP, as City’s
Special Counsel.
4. Ratification of Amendment No. 1 to agreement with McCabe and Associates and
legislative lobbyist.
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RESOLUTION NO. 2001-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING THREE (3)
CONTRACT AMENDMENTS FOR THE CARLSBAD CITY
GOLF COURSE PROJECT AND APPROPRIATION OF
PROJECT FUNDS
WHEREAS, the City Council of the City of Carlsbad, California, has previously
approved a design and development agreement with Phoenix - 95 Investments, LLC,
dba, Raven Golf Management, for the design and development services for the City’s
proposed Carlsbad City Golf Course Project; and
WHEREAS, a supplemental design and development services amendment to the
aforementioned agreement entitled “Ratification of Amendment No. 3” has been
negotiated between the parties; and
WHEREAS, a supplemental amendment entitled “Ratification of Amendment No.
1” for Special Counsel services with Fox & Sohagi, LLP, has been negotiated between
the parties; and
WHEREAS, a supplemental amendment entitled “Ratification of Amendment No.
1” for legislative lobbyist services with McCabe and Associates has been negotiated
between the parties; and
WHEREAS, the total amount required for the contract amendments is $675,000
and $366,000 is currently available in the Golf Course Enterprise Fund; and
WHEREAS, the City Council hereby finds it necessary, desirable, and in the
public interest to approve the aforementioned three (3) contract amendments at this
time.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the above recitations are true and correct.
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2. That the aforementioned three (3) contract amendments are hereby approved
and the Mayor is authorized to execute said amendment documents. Following the
Mayor’s execution of said amendments, the City Clerk is directed to forward copies of
this Resolution and the three (3) amendments to the Community Development
Department.
3. That an appropriation of $309,000 from the Golf Course Enterprise Fund to
the Golf Course Project account is hereby approved.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City
Council on the 6th day of March 9 2001 by the following vote, to wit:
AYES: Council Members Kulchin, Finnila, Nygaard and Hall.
NOES: Lewis
ABSENT: None.
CLAUDE A. LEWIS, Mayor
(ATTEST)
LORRAINE M. WOOD, City Clerk
(SEAL)
-2- Page 2 of 2 of Resolution No. 2001-74 5
RATIFICATION OF AMENDMENT NO. 3 TO AGREEMENT
FOR FINAL REDESIGN AND ENVIRONMENTAL CONSULTING
SERVICES FOR THE CARLSBAD CITY GOLF COURSE PROJECT
This Ratification of Amendment is entered into the 6 +h day of
la?. I 2001 but effective as of the 23rd day of April, 2000, ratifying the
amendment of the Agreement dated March 31, 1997, by and between the City of Carlsbad, a
municipal corporation, hereinafter referred to as “City”, and Phoenix - 95 Investments, L.L.C.,
d.b.a., Raven Golf Management, hereinafter referred to as, “Contractor” for golf course
development management, facility design, and environmental consulting services for the
Carlsbad City Golf Course Project, hereinafter referred to as the “Project.”
RECITALS
WHEREAS, the initial Agreement, dated March 31, 1997 identified a scope of
work which included the complete design, development management, environmental
consulting, and related consulting services for the Project; and
WHEREAS, the parties to the Agreement desire to alter the scope of work to
include extensive final redesign due to requirements of the Federal and State Resource
Agencies and local utility companies, substantial additional environmental consulting services
including extensive supplemental field biological services, civil engineering redesign, utility
redesign work, and substantial landscape architecture redesign work; and
WHEREAS, a supplemental scope of work and fee schedule have been
negotiated and agreed to between the parties, and is attached hereto and incorporated herein
by reference as Exhibit “A” Scope of Services and Fee; 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
March 31, 1997.
02/04/00
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor hereby agree as follows:
1. The retroactive amendment of the Agreement is ratified.
2. Contractor has provided the services as outlined on the attached Exhibit “A’
which shall represent the complete and final scope of work for said Project.
3. City shall pay Contractor for all work associated with Paragraph 1 above, on
a time and materials basis not-to-exceed $572,273. 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.
4. All other provisions of the Agreement and any amendments thereto shall
remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor pursuant to
the Agreement and any amendments thereto shall be extended to include coverage for the
extension period.
Acknowledged and Accepted:
CONTRACTOR:
PHONEIX 95 INVESTMENTS,
(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
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:
Deputy City Attorney
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RATIFICATION OF AMENDMENT NO. 1 TO AGREEMENT
FOR SPECIAL COUNSEL CONSULTING SERVICES FOR
THE CARLSBAD CITY GOLF COURSE PROJECT
This Ratification of Amendment is entered into the 9th day of March , 2001
but effective as of the 1st day of January, 2001 ratifying the amendment of the Agreement
dated September 16, 2000 by and between the City of Carlsbad, a municipal corporation,
hereinafter referred to as “City”, and Fox & Sohagi, LLP, hereinafter referred to as,
“Contractor.”
RECITALS
WHEREAS, the initial Agreement, dated September 26, 2000 identified a scope
of work to provide services of Special Counsel to City; and
WHEREAS, the parties to the Agreement desire to alter the scope of work to
include continuing services of Special Counsel to City; and
WHEREAS, a supplemental scope of work and fee schedule have been
negotiated and agreed. to between the parties and is described herein; 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
September 26,200O.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor hereby agree as follows:
1. The retroactive amendment of the Agreement is ratified.
2. Contractor shall provide continuing Special Counsel services to City related
to the Carlsbad City Golf Course Project.
3. City shall pay Contractor for all work associated with Paragraph 1 above, on
a time and materials basis not-to-exceed $50,000. 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.
02104/00
4. Contractor shall complete all work outlined herein by expiration of the
Agreement dated September 26,200O as amended hereby.
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 pursuant
to the Agreement and any amendments thereto shall be extended to include coverage for the
extension period.
Acknowledged and Accepted:
CONTRACTOR:
FOX 8, SOHAGI, LLP
(name of Contractor)
By: r-,h&--
(sign here) v
bb e WC&I J- ~hQW4uW
(print name/title) 4v
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(sign herd)
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March 9, 2001
DATE
(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:
::FD,~;~I;;-
02/04/00
STATE OF CALIFORNIA 1
1 SS.
COUNTY OF LOS ANGELES )
On January 17,2001, before me, the undersigned, a Notary Public in and for said
State, personally appeared DEBORAH J. FOX personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged that she executed the same in her authorized capacity, and that by
her signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the same.
WITNESS my hand and offkial seal.
County and State
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
On January 17,200 1, before me, the undersigned, a Notary Public in and for said
State, personally appeared MARGARET M. SOHAGI personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged that she executed the same in her authorized capacity, and that by
her signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the same.
WITNESS my hand and offkial seal.
No&y Pub& in and for said fl 4
County and State
RATIFICATION OF AMENDMENT NO. 1 TO AGREEMENT
FOR CONSULTING SERVICES FOR THE
CARLSBAD CITY GOLF COURSE PROJECT
This Ratification of Amendment is entered into the 9th day of March ,200l
but effective as of the 1st day of January, 2001 ratifying the amendment of the Agreement
dated August 6, 2000 by and between the City of Carisbad, a municipal corporation, hereinafter
referred to as “City”, and McCabe & Company, hereinafter referred to as, “Contractor.”
RECITALS
WHEREAS, the initial Agreement, dated August 6, 2000 identified a scope of
work to provide consulting services to City; and
WHEREAS, the parties to the Agreement desire to alter the scope of work to
include continuing consulting services to City; and
WHEREAS, a supplemental scope of work and fee schedule have been
negotiated and agreed to between the parties and is described herein; 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
August 6,200O.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor hereby agree as follows:
1. The retroactive amendment of the Agreement is ratified.
2. Contractor shall provide continuing consulting services to City related to the
Cat&bad City Golf Course Project.
3. City shall pay Contractor for all work associated with Paragraph 1 above, on
a “retainer basis” in the amount of $7,500 per month beginning October 1, 2000 through
January 31, 2001 inclusive. Beginning February I, 2001, City shall pay Consultant for all work
associated with Paragraph 1 above on an “hourly basis” utilizing a “Principal” rate of $425 per
hour and an “Associate” rate of $175 per hour. The total cost of the continuing services under
02/04/00
this Amendment shall not-to-exceed $50,000. 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.
4. Contractor shall complete all work outlined herein by expiration of the
Agreement dated August 6,200O as amended hereby.
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 pursuant
to the Agreement and any amendments thereto shall be extended to include coverage for the
extension period.
Acknowledged and Accepted:
CONTRACTOR:
MCCABE & COMPANY
&u:G; 9 , *5ds/+,u
(print name/title) I
By: S& &md
(sign here)
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 certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.)
APPROVED AS TO FORM:
02/04/00
State of California
SAU 3/e40 County of 1
ss.
On
personally appeared Name(s) of Signer(s)
q personally known to me
D6 proved to me on the basis of satisfactory
evidence
to be the person@ whose name@+- is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
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acted, executed the instrument.
WITNESS n-w hanA am-i nffirial CCGII A
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Place Notary Seal Above
-
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
.Signer’s Name:
Cl Individual
II Corporate Officer - Title(s):
q Partner - Cl Limited 0 General
0 Attorney in Fact
!I Trustee
C Guardian or Conservator
q Other:
Signer Is Representing:
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