HomeMy WebLinkAbout2002-01-22; City Council; 16531; Carrillo Ranch Phase II/Consultant & ArtworkCITY OF CARLSBAD -AGENDA BILL
DEPT. HD.
1-22-02 APPROPRIATION OF ADDITIONAL FUNDS, APPROVAL OF CONSULTANT CITY ATTY AWARD OF CONTRACT FOR CARRILLO RANCH PHASE II,
AGREEMENT AMENDMENTS, AND APPROVAL OF ARTWORK DEPT. REC I CITY MGa
RECOMMENDED ACTION:
Adopt Resolution No. ZOJ .03 awarding the construction contract for Carrillo Ranch Phase 11,
Contract No. 34561-2, * to T. . Penick & Sons, Inc., appropriating additional funds, approving
consultant agreement amendments for as-needed construction phase design support and construction
management services, and approving artwork.
ITEM EXPLANATION:
On January 13, 1998, the City Council approved the Leo Carrillo Master Plan, which outlined the
development plan for the park. Phase I of the park was completed in January 2000 and included
construction of a perimeter wall and landscaping intended to secure the park from intruders.
This phase of the project, "Phase II", includes the following general categories of amenities:
1. Park utility infrastructure (water, electrical, drainage, etc.)
2. Grading
3. Entry drive and parking lot
4. Walkways
5. Building renovations
7. Signage
6. Landscaping
These improvements will allow the park to be open for public use.
Also included in the project is a public art component designed by artist Paul Hobson. Mr. Hobson
served as the artist member on the original master plan team and was subsequently hired to design
and build the wrought iron front gate for Carrillo Ranch. The design of the gate has the approval of the
Carrillo Ranch Master Plan Steering Committee, the Arts Commission, and was on public display at
both libraries with a favorable response. Council reviewed the conceptual model at the time they
approved the design agreement with Mr. Hobson. The artist's waiver has been signed. Installation of
the gate is included as part of this project.
Council approved advertisement for bids for this project on June 19, 2001, and on September 27, 2001
(the bid opening date), no bids were received. Polling the contractors did not reveal one consistent
reason for lack of interest in bidding. Several reasons for not bidding included certain contract
requirements such as having to perform 50% of the work with their own forces (a typical City contract
work, and easier projects in the market place to bid.
requirement), complexity of the project, a pre-qualification requirement for the historic preservation
Since no bids were received, the Public Contract Code section 22038 (C) allows the City to negotiate a
contract directly with a qualified contractor of the City's choice. The City Attorney and Purchasing
Officer approved proceeding with selection of a contractor and negotiation of a fair contract price.
The criteria for selecting the contractor was experience and ability to perform on projects of similar size
and complexity, track record on other projects with the City of Carlsbad, demonstrated ability to
negotiate fair costs for extra work, fair resolution of disputed items, willingness to correct work not
meeting specifications, and workmanship exhibited on past projects.
PAGE 2 OF AGENDA BILL NO. /6! 531
T. B. Penick & Sons, Inc. met the selection criteria. Several years ago, they completed the City's very
complex and sensitive Carlsbad Village Drive Streetscape project with minimal impacts to the
community, fair pricing for extra work, reasonable resolution of all contract issues, and their
workmanship was of the highest standards. Additionally, they worked on other historic projects
successfully with our preservation architectural consultant for the Ranch.
Negotiations have been successfully completed and staff recommends awarding the construction
contract to T. B. Penick & Sons, Inc. While the final negotiated price bid exceeds the engineer's
estimate by approximately $650,000, staff has analyzed, in detail, the contractor's prices on all the
items and feels they are fair and equitable. Staff does not believe that re-bidding the project would
result in a lower construction number.
This project also requires "as-needed'' design support and construction management services during
construction to ensure successful completion. An amendment to the existing design agreement with
KTU+A and an amendment to an existing as-needed construction management and inspection
agreement with Simon Wong Engineering accompany this agenda bill.
ENVIRONMENTAL REVIEW:
A Negative Declaration was issued by the Planning Department and the Planning Commission issued a
Conditional Use Permit (C.U.P. 99-22) on December 15, 1999 for the Leo Carrillo Master Plan, which
includes all work scheduled in Phase II.
FISCAL IMPACT:
The construction bid along with the construction support services exceeds the current appropriated
budget.
Construction Bid
150,000 Construction Phase Design Support, Survey, Materials Testing (KTU+A)
210,000 Construction Management & Inspection (Simon Wong) 524,000 Construction Contingency (15%)
$3,492,000
TOTAL CONSTRUCTION COST $4,376,000
Current Available Funds (Public Facility Fees) in the Carrillo Ranch Account - 3,750,000
ADDITIONAL APPROPRIATION REQUIRED $ 626,000
Adequate funds are available in Public Facility Fee account to cover the additional costs. Staff
recommends an additional appropriation in the amount of $626,000 from the Public Facility Fee to the
Carrillo Ranch Phase II account.
EXHIBITS:
1. Resolution No. -039
3. Amendment No. 3 to Extend and Amend Agreement with KTU+A for Design of Carrillo Ranch
4. Amendment No. 4 to Increase Contract Amount for As-Needed ProjectKonstruction
2. Location Map.
Phase 11, Project No. 34561-2
Management Services for Carrillo Ranch, Phase 11, Contract 34561-2.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AWARDING THE CONSTRUCTION
CONTRACT FOR CARRILLO RANCH PHASE II, CONTRACT NO.
34561-2, APPROPRIATING ADDITIONAL FUNDS, APPROVING
CONSULTANT AGREEMENT AMENDMENTS FOR AS-NEEDED
CONSTRUCTION PHASE DESIGN SUPPORT AND
CONSTRUCTION MANAGEMENT SERVICES AND APPROVING
ARTWORK
WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary and
in the public interest to construct Carrillo Ranch Phase II improvements; and
WHEREAS, plans and specifications for Carrillo Ranch Phase 11, Contract
34561-2, have been prepared and are on file in the Engineering Department of the City of Carlsbad; and
WHEREAS, the project was publicly bid in accordance with the Public Contract Code, and no
bids were received on the bid opening date, September 27, 2001: and
WHEREAS, in accordance with the Public Contract Code, section 22038 (C), the City of
Carlsbad may negotiate a contract directly with a qualified contractor of the City of Carlsbad’s choosing;
/I and
WHEREAS, the City of Carlsbad has negotiated a fair and equitable price for the Carrillo Ranch
Phase II, Contract 34561-2, improvements with T.B. Penick & Sons; and
WHEREAS, staff recommends award of this negotiated contract to T.B. Penick & Sons, Inc. for
the bid amount of $3,491,849; and
WHEREAS, additional funds in the amount of $626,000 are required to be appropriated to
successfully complete the project; and
WHEREAS, amendments to the existing consultant agreements for construction phase design
support with KTU+A and construction management services with Simon Wong Engineering are required
to assist staff in completing this project; and
WHEREAS, artwork, consisting of a wrought iron entry gate, has been designed and approved by
the Carrillo Ranch Steering Committee, Arts Commission, and favorably received by the public through a
public input process
NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad. California, as
follows:
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1, That the above recitations are true and correct.
2. That the subject contract is hereby awarded to T.B. Penick & Sons, Inc. in the amount of
3. $3,491,849 and the Mayor is authorized and directed to sign said contract on behalf of the City
Council.
4. That additional funds in the amount of $626,000 are hereby appropriated from the Public
Facilities Fee Account to Project No. 34561-2.
5. That the City Manager is given the authority to approve construction change orders, singly or in
aggregate, up to the amount of the specified contingency.
6. That Amendment No. 2 to Extend and Amend the Agreement with KTU+A for Design of
Carrillo Ranch, Phase 11, Project No. 34561-2 is hereby approved and the Mayor and City Clerk
are authorized and directed to execute said agreement.
7. That Amendment No. 4 to Increase Contract Amount for Simon Wong Engineering As-Needed
ProjectlConstruction Management Services agreement for Carrillo Ranch, Phase 11, Project No.
34561-2 is hereby approved and the Mayor and City Clerk are authorized and directed to execute
said agreement.
8. That artwork, consisting of a wrought iron entry gate is hereby approved by the City Council of
the City of Carlsbad.
PASSED. APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held
on the 22nd day of JANUARY ,2002 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
ATTEST: I
>4ym,277/%m LO AINE M WOOD, City Clerk
(SEAL)
-2-
LOCATION MAP
EXHIBIT 2 5-
AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT WITH KTU+A FOR DESIGN
OF CARRILLO RANCH PHASE II
PROJECT 34561-2
This Amendment No.3 is entered into and effective as of the 28th day of January,
2002, extending and amending the agreement dated March 10,2000, (the "Agreement") by and
between the City of Carlsbad, a municipal corporation, ("City"), and KTU+A, ("Contractor")
(collectively, the "Parties") for design of Carrillo Ranch Phase II.
RECITALS
A. On February 1, 2001, the Parties executed Amendment No. 1 to the Agreement
to increase the scope of work for the design; and
B. The Ratification of Amendment No. 2 to extend the Agreement is currently being
processed; and
C. The Parties now desire to alter the Agreement's scope of work to include as
needed construction phase survey and design support services; and
D. The Parties also desire to extend the Agreement for a period of one additional
year or part thereof; and
E. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, which is attached to and incorporated in 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". With
this Amendment, the total annual Agreement amount shall not exceed one hundred sixty
thousand dollars ($160,000.00).
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 one hundred sixty thousand dollars
($160,000.00). Contractor will 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.
3. Contractor will complete all work described in Exhibit "A within 60 days after
recordation of the construction contract Notice of Completion.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor pursuant to
the Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
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City Attorney Approved Version #05.22.01
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EXHIBIT 3
6. 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.
*'By:
(sign here)
namektle)
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a CorDoration, Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A.
Chairman,
President, or
Vice-president
"*Group 8.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer@) signing to bind the corporation.
APPROVED AS TO FORM:
ROW. BALL, City Attorney h
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EXHIBIT “A”
SCOPE OF SERVICES AND FEE
CONTRACTOR
KTU+A
Review shop drawings and submittals, respond to requests for information and provide
clarifications; attend meetings as requested; make site visits as requested; field mark
existing plant material to be removed; mark locations for new plant material; participate
in pre-maintenance period site review; participate in final walkthrough, and perform
other tasks as requested.
Principal.. ............................................................. ..$I 10.00/hr.
Designer.. ............................................................. ..$55.00/hr.
Budget estimate.. ............................................................. .$30,000.00
CONTRACTOR’S SUBCONSULTANTS
MWD ARCHITECT
Review shop drawings and submittals, respond to requests for information and
clarifications; attend meetings as requested; make site visits as requested; perform
other tasks as requested.
Corporate Architect.. ................................................. ..$175/hr.
Project Architect ......................................................... $ 110/hr.
Budget estimate .................................................................. $20,000.00
GEOCON Inc.
Perform field and lab materials testing as approved; provide field observation as
requested; prepare and provide reports and perform other tasks as requested.
Geotechnical Engineer ............................................... .$105.00
Geologist. ............................................................... ..$95.00
Technician ................................................................ $63.00/hr.
Lab tests to be paid per attached schedule.
As-graded Geologic Map. ........................................... .$600.00
Building/Bridge Foundation Report.. .............................. .$300.00
Budget estimate. ................................................................. $30,000.00
O’DAY CONSULTANTS
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Review shop drawings and submittals, respond to requests for information and provide
clarifications; attend meetings as requested; make site visits as requested; provide
construction staking (see Detailed Description of Staking Scope of Work, attached) and
associated calculations; perform other tasks as requested.
Project Manager.. .................................................... ,.$I 29.001hr.
Survey Supervisor.. .................................................... $96.00/hr.
Survey Office Calculations.. ........................................ .$I 03.001hr
Two man survey crew. ............................................... ..$175.OO/hr.
Budget estimate.. ................................................................ $58,000.00
MEL GREEN &ASSOCIATES
Review shop drawings and submittals, respond to requests for information and provide
clarifications; attend meetings as requested; make site visits as requested; perform
other tasks as requested.
Structural Engineer .................................................... $110.00/hr.
Budget estimate.. ............................................................... $1 0,000.00
BECHARD LONG & ASSOCIATES
Review shop drawings and submittals, respond to requests for information and provide
clarifications; attend meetings as requested; make site visits as requested; perform
other tasks as requested.
Electrical Engineer ..................................................... $60.00/hr.
Technician.. ............................................................ .$40.00/hr.
Budget estimate ............................................................... ..$7,000.00
GRAPHIC SOLUTIONS
Review shop drawings, submittals, samples, and patterns; respond to requests for
information and provide clarifications; make site visits as requested.
Senior Designer II ................................................... ..$90.00/hr
Project Manager ....................................................... $85.00/hr.
Budget estimate.. ............................................................. .$2,000.00
REIMBURSABLES FOR CONTRACTOR AND CONTRACTOR’S SUBCONSULTANTS
Cost + 15% when approved in advance by City.
Budget estimate., ............................................................. .$3,000.00
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All rates include transportation, computers, and all implements, tools, and incidentals
necessary to provide the services included in this exhibit. Consultants shall check in
and out with City’s on site representative at each site visit. A 15% mark up will be
added to all subconsultant hours.
Total fee not to exceed ... .__ ... ... ... ... .. . ... ... .. . ... ... ... .. . . .. . .. ... ... .$160,000.00
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ALL PURPOSE ACKNOWLEDGMENT
;tateof CALIFORNIA )
:ountyof SAN DIEGO 1
)n " , M Aha( beforeme, ROBERT E. ANDERSON, Notary Public
asonallyappeared - &.6tWA.4MLbbiW
7 penonally known to me -0R- ~provedtomeonthebasisofsatisfactoryevidencetobetheperson(l)whc
name(s)is/~subscribedtothewithininstrumentandacknowledeedtol
1 ss
(DATE) ,NOTARY,
SIONER(S)
thathe/s~executedthesameinhi~uthorizedcapacity(ie
and that by his/hnl(keir signature(@on the instrument the person@), or I
entity upon behalf of which the person(#) acted, executed the instrume
WITNESS my hand and official seal.
OPTIONAL INFORMATION
he information below is not required by law. However, it could prevent fraudulent attachment of this acknowledgment to a
iauthorized document.
WACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
3 INDIVIDUAL &Y <A &?i%ua copsq~?mcER TITLE OR dE OF DOCUMENT
=E(S)
1 PARTNER(S) 1 ATI'ORNEY-IN-FACT fc 2 TRUSTEE(S) 2 GUARDlANlCONSERVATOR NUMBER OF PAGES
7 OTHER
GNER IS REPRESENTING:
DATE OF DOCUMENT
,ME OF PERSON(S) OR ENTWY(aS)
OTHER
LANDSCAPE ARCHITECTURE + PLANNING
KTU+A, INC.
Corporate Resolution
This resolution hereby certifies that Michael A. Theilacker, as KTU+A corporate
Secretary and Vice President, is empowered as an Officer of the Corporation to bind the
Corporation, as of this date, December 13, 2001, by the undersigned Officers of the
,
Fknk H. Kawasaki President
3916 NORMAL STREET SAN DIEGO. CALIFORNIA * 92103-3413 . (619)294-4477 FAX 1619)294-9965 WWW.KTUA.COM
RLA 1084 * RLA 1249 * RLA 1481 . RLAZOIO * RL42386 * RLA2342
AMENDMENT NO. 4 TO INCREASE CONTRACT AMOUNT FOR AS-NEEDED
PROJECTlCONSTRUCTlON MANAGEMENT SERVICES FOR
CONTRACT 34561-2, CARRILLO RANCH PHASE II
WITH SIMON WONG ENGINEERING
This Amendment No. 4 is entered into and effective as of the 28th day of
"Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Simon
Wong Engineering, ("Contractor") (collectively, the "Parties") for as-needed ProjecffConstruction
Management services.
JANUARY , 2002, amending the agreement dated December 1. 1998, (the
RECITALS
A. On December 1. 1999, the Parties executed Amendment No.1 to the Agreement to
extend the agreement for a period of one year; and -
B. On December 1, 2000, the Parties executed Amendment No. 2 to the Agreement to
extend the agreement for a second year; and
C. On August 24, 2001, the Parties executed Amendment No. 3 to the Agreement to
increase the annual contract amount to $350,000, adjust the fee schedule, and allow for two
additional one year extensions; and
D. The Parties now desire to alter the Agreement's scope of work and annual contract
amount by $100,000 to provide for ProjecffConstruction Management Services for the subject
project; and
schedule, which is attached to and incorporated by this reference as Exhibit "A. Scope of
E. The Parties have negotiated and agreed to a supplemental scope of work and fee
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 one hundred thousand
dollars ($100,000) per year. Contractor will 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.
3. Contractor will complete all work described in Exhibit "A" within 60 days
after recordation of the Notice of Completion for the construction contract.
4. All other provisions of the Agreement, as may have been amended from
time to time, will remain in full force and effect.
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CityAttorneyApprovedVersion#04.11.01
EXHIBIT 4
5. 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.
6. 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
If required by City, proper notarial acknowledgment of execution by contractor must be attached. Ifa Coraoration, Agreement must be signed by one corporate officer from each of the following hvo groups.
"Group A. Chairman, President, or Vice-president
'*Group 6. Secretary,
Assistant Secretary, CFO or Assistant Treasurer
Otherwise, the corporation mattach 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:
R. BALL, City Attorney
By:
Deptfty City Attorney /-2 3"Z.
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City Attorney Approved Version #04.11.01
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
Fees and conditions are pursuant to Exhibit "A of Amendment #3, executed on August
24,2001.
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City Attorney Approved Version # 05.22.01
State of California
C unty of 9
J
!X proved to me on the basis of satisfactory
a personally known to me
evidence
to be the person@ whose name@
subscribed to the within instrument and
acknowledged to
acted, executed the instrument. I ~
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 ofthis form to another document.
Description of Attached Doc
Title or Type of Document: JK.zL.J Jo, g
Document Date: A(3 i Number of Pages: .?
Signer($ Other Than Named A
Capacity(ies) Claim d y Si n
U Individual a Corporate Officer - Title($ icj ks <L, i <<uxTwd
0 Partner - U Limited LI General
U Attorney in Fact
;I Trustee n Guardian or Conservator
U Other:
Signer Is Representing: d"-dd3(
Signer's Name: &
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