HomeMy WebLinkAbout2001-06-26; City Council; 16245; Moon-Mayoras Architects Contract ExtensioniB# &‘,aqs
JITG. 6-26-O 1
DEPT. PWIGS
CITY OF CARLSBAD - AGENDA BILL
TITLE:
RATIFICATION OF EXTENSION AND AMENDMENT TO
AGREEMENT FOR AMERICANS WITH DISABILITIES ACT
ARCHITECTURAL AND ENGINEERING SERVICES
(MOON-MAYORAS ARCHITECTS)
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RECOMMENDED ACTION:
Adopt Resolution No. &O I- 1 w approving Ratification of Extension and Amendment to the Professional Services Agreement for Architectural and Engineering Services for Americans with
Disabilities Act (ADA) improvements to City facilities.
ITEM EXPLANATION:
On February 8, 2000, Council approved the professional services agreement with Moon Mayoras
Architects to perform architectural and engineering services to Magee Park Restrooms and Heritage
Hall. The modifications were needed to comply with Americans with Disabilities Act (ADA)
mandates. The modifications include raising the existing floor and constructing new stairs at
Heritage Hall, and structural alteration/demolition to an existing masonry wall for wheelchair
accessibility at Magee Park Restrooms.
On April 17, 2000, the agreement expired. However, the consultant continued to work on needed
services without the benefit of an agreement. The work is now complete and construction has
begun at Magee Park. The improvements to the restrooms will be completed before the jazz
concerts begin on July 13, 2001. The contract documents for Heritage Hall are currently being
formulated and construction is expected to begin by the end of September 2001.
At the request of the City Attorney’s Office, staff has prepared a ratification of extension and
amendment to the agreement with Moon Mayoras Architects. The ratification agreement will allow
the contractor to receive its compensation ($12,547) for services already performed.
No environmental review is required since the agreement is for professional design services.
However, during construction these projects will be exempt from environmental review per CEQA -
Class 1 (c), Minor alteration of existing facility.
FISCAL IMPACT:
The project cost is $12,547. Funding is available in the Capital Improvement Program budget.
EXHIBITS:
1. Resolution No. 20al-Mf approving Ratification of Extension and Amendment to the
Professional Services Agreement for Architectural and Engineering Services for Americans with
Disabilities Act (ADA) improvements to City facilities.
2. Ratification of Extension and Amendment to Agreement for Americans with Disabilities Act (ADA)
Architectural and Engineering Services.
2&l-188 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING RATIFICATION OF
EXTENSION AND AMENDMENT TO AGREEMENT FOR
AMERICANS WITH DISABILITIES ACT (ADA) ARCHITECTURAL
AND ENGINEERING SERVICES (MOON MAYORAS
ARCHITECTS)
8
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WHEREAS, on February 8, 2000, the City entered into a professional services agreement
with Moon Mayoras Architects to perform architectural and engineering services to Heritage Hall
10 and Magee Park Restrooms for compliance with Americans with Disabilities Act (ADA) standards
11 (the “Agreemenr); and
12 WHEREAS, notwithstanding expiration of the Agreement on April 17, 2000, the City
13 continued to use the services of Moon Mayoras Architects resulting in an overdue balance of
14 $12,547; and
15 WHEREAS, Moon Mayoras Architects has successfully completed the preparation of
,e specifications and construction documents, of the Agreement; and
17 WHEREAS, there are sufficient funds available in the Capital Improvement Program; and
18 WHEREAS, the ratification of Extension and Amendment to the Professional Services
,g Agreement with Moon Mayoras Architect has been prepared and submitted hereto.
20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
21
1. That the above recitations are true and correct. 22
2. 23 That the City hereby accepts the completion of the professional services
24 agreement with Moon Mayoras Architects.
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1 3. That the ratification of Extension and Amendment is hereby approved and the
2 Mayor is authorized and directed to execute said Agreement.
3 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on
4 the 26thdayOf June , 2001 by the following vote, to wit:
5 AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, and Hall.
6 NOES: None.
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(SEAL)
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RATIFICATION OF EXTENSION AND AMENDMENT TO AGREEMENT FOR AMERICANS
WITH DlSABlLlTlES ACT (ADA) ARCHITECTURAL AND ENGINEERING SERVICES
(Moon-Mayoras Architects, Inc)
This Ratification of Extension and Amendment is entered into the 29th day
of June , 2001 ) ratifying the extension and amending the Agreement dated
September 18, 1996 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 April 17. 2000 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 fourteen months ending on Julv 3,
2001, and
WHEREAS, the Agreement, as amended, identified a scope of work which
provided design modifications to Heritage Hall and to the public bathrooms at Magee Park; and
WHEREAS, the parties to the Agreement desire to alter the scope of work as
follows: increase the eligible reimbursable expenses paid to Contractor from $1 ,OOO.OO to
$1647.16; 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;
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.
02KWOO
2. The term of the Agreement, as amended, shall end on June 30,200l.
3. Contractor shall provide services as outlined on the attached Exhibit “A”.
4. The eligible reimbursable expenses payable to Contractor shall be increased
from $1,000 to $1,647.16. 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 pursuant to
the Agreement and any amendments thereto shall be extended to include coverage for the
extension period.
Acknowledged and Accepted:
CONTRACTOR:
(sign here) June , 2001
DATE J
9BtlWl~~~~~~~~ of exesutton by Contractor must be attached,
t and secretary, assistant secretary, CFO or assistant treasurer the corporation must attach a resolution certified by the secretary
or assistant secretary under corporate LeaI empowering the officer(s) signing to bind the corporation.)
APPROV AS TO FORM:
02/04/00
State of California
&-A ; a-&\ County of
, before me, &Lu AhLirs.*aki t!ad;C ,
tbme and Tfi!e of Dfficer (e.g.: “Jane Doe, Not&y P&bW’)
personally appeared KL l.kxm - -3 Name(s) of Signer(s)
Cl personally known to me
k proved to me on the basis of satisfactory
evidence
to be the person# whose namq@@&e
subscribed to the witl&Qnstrument and
acknowledged
the same
capacity(jH),
the entity upon behalf of which the person@)
acted, executed the instrument.
Though the information below is not required by law. it may valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Document Date: Q Sl6bl
Signer(s) Other Than Named Above:
Number of Pages: .!?l
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
@ Corporate Officer - Title(s): Qrws\ &n-t-
0 Partner - 0 Limited Cl General
Cl Attorney in Fact
Cl Trustee
0 Guardian or Conservator
q Other:
Signer Is Representing:
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0 1999 National Notary Asscciaiwn * 9350 De Solo Ave P.O. Box 240;? * Chatswmth CA 91313-2402 - ww nalmalndar$org Prod No. 590, Reorder: Can Toll-Free l-800-876-6827
Exhibit “A”
DAVID N. MOON, AIA
DOUGLAS A. MAYORAS, AIA
April 6,200l
VIC S. HERNANDEZ
Mr Scott Carroll
Management Analyst
City of Carlsbad
405 Oak Ave
Carlsbad, CA 92096-3009
RE: Follow-up to our Telephone Call Last Month
City of Carlsbad Projects: Heritage Hall Floor (961602.12) Public Toilets (961602.13)
Dear Scott:
Thank you for the opportunity to speak with you last month as related to the above. Enclosed please find duplicate copies of the two outstanding invoices dated 06/31/00
for work performed on the two projects as noted. In addition, we have also issued two new invoices to represent 100% project completion for those same two projects;. there are therefore a total of four (4) invoices enclosed as follows:
ARCHITECTURE
MASTERPlANNING
PROGRAMMING
gk& !!!a!& Invoice No. Pro ect No. Proiect Name Amount
08-31-w 000006 06-31-90 000007
04-02-01 1034
961602.12 COC Heritage Hall Floor $5,660.63 961602.13 COC Public Toilets $5403.74
961602.12 Heritage Hall Floor $ 649.39
04-02-91 1035 961602.13 Public-Toilets $ 833.40
Total Amount Due to Date $12,547.16
It is our understanding that because this project required MMA to provide services subsequent to the expiration date of the Agreement in force, these projects will
require approval from the City Council to obtain payment on the above four invoices.
We would greatly appreciate your taking the steps as necessary to process these
invoices on our behalf.
655 ‘G’ STREET, SUITE A
SAN OIEGO, CA 92101
PHONE (619) 2359780
FAX (619) 235-9773
Mr. Carroll
04/06101
Page 2
If you should need any additional information or have any questions, please feel free
to call, and I will be happy to assist in any possible. Once again, Scott, we
appreciate your assistance in this matter and look forward to the opportunity to work
with both you and the City of Carlsbad in the future.
Since y &
David N. Moon, AIA, FACHA Principal
DAMlsce
Attachments
cc: Kim Woodruff File: 961602.12 1.3 . File: 961602.13 1.3
SCOPE OF SERVICES
(Moon-Mayoras Architects, Inc.)
1. Herbee Hall
Perform architectural design services to Heritage Hall for compliance with Americans
with Disabilities Act (ADA) standards. These modifications will include demolishing
existing raised floor and replace with a new floor to be installed approximately 6”
higher. The work will also include installing new walls and electrical utilities at the
kitchen area, as well as new stairs.
2. Maeee Park Restroom
Perform architectural design services to the public restroom at Magee Park for
compliance with Americans with Disabilities Act (ADA) standards. These
modifications will include structural alteration/demolition to an existing masonry
wall, and construction of a second masonry wall where new plumbing fixtures are to
be installed.
DAVID N. MOON, AIA
DOUGLAS A. MAYORAS, AIA
VIC S. HERNANDEZ
May 11,200l
BOARD OF DIRECTORS MEETING ISPECIAL):
Location: Office of Moon Mayoras Architects, Inc.
Date/Time: Friday, May 11, 2001 11:OO AM
Subject: City of Carlsbad Agreement (“Agreement”) dated 07, May 2001
Signature Page (Executed by David N. Moon wifh notarial
acknowledgement on May 15, 2001).
MMA Project No’s: 961602.12, 961602.13
Attendees:
ARCHITECTURE
MASTERPLANNING
David N. Moon President Douglas A. Mayoras Vice PresidentlCFO Victor S. Hernandez Secretary
PROGRAMMING
The undersigned, being the Directors of Moon Mayoras Architects, Inc., a California
corporation (“Corporation”), acting by written consent, do hereby consent to and adopt the
following resolution:
Whereas the Agreement indicates that proper “notarial acknowledgement of the
signatures” is required; and
Whereas the Agreement also indicates that “Chairman, president,
vice-president and secretary, or assistant secretary, CFO or assistant
treasurer must sign for corporations”, but does not specify whether both signatures must have aforementioned “notarial acknowledgement”; and
Whereas Time is of the Essence in returning said executed Agreement to the City of Carlsbad.
655 ‘G’ STREET, SUITE A
SAN DIEGO, CA 92101
PHONE (619) 235-9780
FAX (619) 235-9773
Now, Therefore be it
RESOLVED that in the event that said Agreement is deemed by the City of Carlsbad to
require that both corporate director’s signatures must carry “notarial
acknowledgement”, this document serves to certify, under corporate seal,
that David N. Moon is empowered by the Corporation to bind the
Corporation under the said Agreement.
Dated: OS\\*0 l
Dated:
Dated: or- Cl-0 /