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HomeMy WebLinkAbout2001-08-21; City Council; 16338; Simon Wong Engineering Contract Amendment No. 3CITY OF CARLSBAD -AGENDA BILL VITG. IEPT. I AMENDMENT NO. 3 TO CONTRACT FOR AS-NEEDED 8/21/01 CONSULTANT INSPECTION AND PROJECT ENG MANAGEMENT SERVICES WITH SIMON WONG ENGINEERING RECOMMENDED ACTION: Adopt Resolution No. g&I! * 25% a proving Amendment No. 3 to agreement for as-needed p consultant inspection and project management services with Simon Wong Engineering. ITEM EXPLANATION: The original agreement with Simon Wong Engineering allowed for $200,000 per year to be spent on consultant services. This amount will be increased to $350,000 per year. The original contract also allowed for three one year extensions. This will be extended by authorizing two additional one year extensions. Simon Wong Engineering has provided the City of Carlsbad excellent service for the past 4 years. With the impending increase in the number of Public Works projects in the near future, the City’s need for consultant inspection and project management services has also increased. Simon Wong Engineering has a proven track record and the continued utilization of their services will be of great benefit to the City. Due to the passage of Senate Bill 1999 (Chapter 881) effective January 1, 2001, prevailing wages must now be paid to consultants working on behalf of the City on all Public Works projects that advertise for bid after January 1, 2001, resulting in a significant increase in the cost of employing consultants on capital projects. In addition, there is a need for a higher-level job classification on upcoming public works projects, such as the Poinsettia Lane Overhead Widening project, requiring a new “Scope of Services and Fee”. FISCAL IMPACT: The total maximum fee payable for services performed will be increased from $200,000 per year to $350,000 per year. Funding for these services are included in the Engineering departmental operating budget for Fiscal Year 2001/02. EXHIBITS: 1. Resolution No. &Z0/ -JS5 approving Amendment No. 3 to agreement for as-needed consultant inspection and project management services. 2. Signed Amendment No. 3 with Simon Wong Engineering. 3. Exhibit “A”. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 RESOLUTION NO. 2001-255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH SIMON WONG ENGINEERING FOR AS-NEEDED CONSULTANT INSPECTION AND PROJECT MANAGEMENT SERVICES. WHEREAS, the City Council of the City of Carlsbad, California considers it necessary and in the public interest to approve and accept Amendment No. 3 to the Professional Services Agreement with Simon Wong Engineering; WHEREAS, the Parties desire to extend the Agreement for a period of one year, ending December 1, 2002, with the ability to extend the agreement for two additional one year extensions; and WHEREAS, the Parties further desire to amend the Agreement’s scope of work to increase the yearly fees, beginning with the current year, by $150,000 for a total Agreement amount of $350,000; and WHEREAS, the Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit “A”, Scope of Services and Fee; and WHEREAS, the contractor, Simon Wong Engineering possesses the necessary skills and qualifications to provide the needed services; and WHEREAS, an amendment to the consultant agreement with Simon Wong Engineering has been prepared and submitted hereto; and WHEREAS, funding for the subject amendment is available in the Fiscal Year 2001/02 Engineering operating budget. 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 c 15 16 18 19 20 21 22 23 24 25 26 27 28 2. That Amendment No. 3 to the agreement between the City of Carlsbad and Simon Wong Engineering is hereby approved in the amount of $350,000 and the Mayor is authorized and directed to execute said amendment. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 21st day of Auqust , 2001 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Nygaard, Finnila, and Hall. ATTEST: ,, II (SEAL) EXHIBIT 3 EXHIBIT “A” SCOPE OF SERVICES AND FEE Provide construction inspection and project management services satisfactory to the City of Carlsbad on an as-needed basis. Principal Civil Engineer Sr. Structures Representative Project Manager Construction Manager Structure Representative Construction Inspector (prevailing wages) Construction Inspector (non-prevailing wages) $12500/hr $101 .OO/hr $ 98.00/hr $ 98.00/hr $ 84.00/hr $ 77.50/hr $ 66.00/hr Rates are per hour and include vehicle and mileage, cell phone, and all incidentals necessary to perform the service. Work performed over and above 8 hours on a given day or on Saturdays will be paid at the same rates as above. One lap top computer and printer may be required whenever a personnel class is assigned to a distinct project or group of projects. City Attorney Approved Version # 05.22.01 4 AMENDMENT NO. 3 TO AMEND AND EXTEND THE AGREEMENT FOR AS- NEEDED CONSULTANT INSPECTION AND PROJECT MANAGEMENT SERVICES WITH SIMON WONG ENGINEERING This Amendment No. 3 is entered into and effective as of the 24th day of August 2001, amending the agreement dated December 1, 1998 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, (“City”), and Simon Wong Engineering, (‘Contractor”) (collectively, the “Parties”) for as-needed consultant inspection and project management services. RECITALS A. On December 1, 1999, the Parties executed Amendment No. 1 to extend the Agreement for a period of one year; and B. On December 1, 2000, the Parties executed Amendment No. 2 to extend the Agreement for a period of one year; and C. The Parties now desire to extend the Agreement for a period of one year, ending December 1, 2002, with the ability to extend the agreement for two additional one year extensions; and D. The Parties further desire to amend the Agreement’s scope of work to increase the yearly fees, beginning with the current year, by $150,000 for a total yearly Agreement amount of $350,000; and E. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated 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. 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”. 2. City will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed three hundred and fifty thousand dollars ($350,000) per Agreement year. Contractor will provide City, on a City Attorney Approved Version #04.11 .Ol monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit “A” by December 1,2002. 4. The City Manager may amend the Agreement to allow for two additional one-year extensions beyond December I, 2002, but in no event shall the Agreement be extended beyond December 1, 2004. Extensions will be based upon a satisfactory review of Contractor’s performance, City needs, and appropriation of funds by the City Council. 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 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. CONTRACTOR S//t/lDN NJ P/\/G /p-sloF19~r (print name/title) ATTEST: ~ (sign here) City Attorney Approved Version #04.11 .Ol 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, Secretary, President, or Assistant Secretary, Vice-President 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: 3 City Attorney Approved Version #04.11 .Ol State of California 1 ss. County of 2GM.r Dic-ca On a/B/a, , before me, Cw 82-c M cm-- Dale Name and Title of Officer (e g “Jane Doe. Notary Public”) personally appeared S/N?O#V WLJ#~(I- &e-& J7r-nEJ- /w&rr Name(s) of Signer(s) d personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Publrc OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying on fhe document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document /hy@b,M&prr #3 -7-v ~en/A MA -I - vgr/r &q/z #.r-NC--E-d~ G3-QJA-n Title or Type of Document: ~~~P*~~~o.v lh~~ gaJm?- -N~~-w~wT re%viw u, 7-w J-/.r?ti.d Lw-~~ iv G- c>vCk# /vk-E~//y & Document Date: L/lQ-D hq Number of Pages: $ Signer(s) Other Than Named Above: - Capacity(ies) Claimed by Signer Signer’s Name: 51 CM Jd dt ~*6- e-.-L .-e-J ?=,tii f Cl Individual b 4i CxCorporate Officer - Title(s): b*‘Dc~f r&-z fL&-T)44%7 U Partner - U Limited 0 General 0 Attorney in Fact Cl Trustee El Guardian or Conservator Cl Other: Signer Is Representing: f/m&n/ Wc!fvG .%7d~/II/exIAIG Top of thumb here EXHIBIT “A” SCOPE OF SERVICES AND FEE Provide construction inspection and project management services satisfactory to the City of Carlsbad on an as-needed basis. Principal Civil Engineer $12500/hr Sr. Structures Representative $101 .OO/hr Project Manager $ 98.00/hr Construction Manager $ 98.00/hr Structure Representative $ 84.00/hr Construction Inspector (prevailing wages) $ 77.50/hr Construction Inspector (non-prevailing wages) $ 66.00/hr Rates are per hour and include vehicle and mileage, cell phone, and all incidentals necessary to perform the service. Work performed over and above 8 hours on a given day or on Saturdays will be paid at the same rates as above. One lap top computer and printer may be required whenever a personnel class is assigned to a distinct project or group of projects. 4 City Attorney Approved Version # 05.22.01