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Home My WebLink About2005-12-06; City Council; 18352; Aviara Community Park Consultant Service Agreement3 Item 9B# 18,352 MTG. 12/6/2005 3EPT. ENG Original Budget Including Proposed Budget Amendment No. 1 New & CITY OF CARLSBAD - AGENDA BILL Construction Construction Management - TITLE: DEPT. HDrN APPROVAL OF AMENDMENT NO. 2 TO CONSULTANT SERVICE AGREEMENT WITH B&G CONSULTANTS FOR CITY ATTY. - Budget $7,978,499 $7,978,499 $ 7,978,499 $ 399,678 (5%) $ 562,175 (7%) $ 712,227 (8.9%) AVIARA COMMUNITY PARK, PROJECT NO. 3699-1 RECOMMENDED ACTION: Adopt Resolution No. 2005-344 with B&G Consultants for Aviara Community Park, Project No. 3699-1. approving Amendment No. 2 to consultant service agreement ITEM EXPLANATION : On March 9, 2004 City Council awarded a construction management contract to B&G Consultants for $399,678. The original completion date for the project was February 2005. On July 19, 2005 City Council approved Amendment No. 1 to B&G in the amount of $162,500 based on an anticipated completion date of October 2005. The estimated completion date now is December 2005, which requires the need for additional funding of $150,049 for the above mentioned consultant in order for the City to continue utilizing their services. The $150,049 is an estimated amount assuming the continued services of B&G full time through December 2005 and part time through March 2006 to assist in project close out. B&G's fee will be paid on actual time and material. Staff recommends Council approval for an increase to the consultant agreement with B&G Consultants in the amount of $150,049 in order to complete the Aviara Community Park project, Project No. 3699-1. ENVIRONMENTAL REVIEW: On February 6, 2002 the Planning Commission adopted Resolution No. 5108 approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for Aviara Community Park finding the project to be in conformance with the requirements of the California Environmental Quality Act, the State Guidelines, and the Environmental Protection Procedures of the City of Carlsbad. The original budget for construction management was 5% of the construction cost. This current increase to B&G's agreement for $150,049 results in an overall construction management cost that is 8.9% of the construction budget. Public Facility Fee funds for the consultant agreement increases are available in the Aviara Community Park capital improvement project budget. 1. Resolution No. 2005-344 approving amendment to consultant service agreement with B&G Consultants for Aviara Community Park, Project No. 3699-1. 2. Amendment No. 2 to Agreement for Construction Management Services with B&G Consultants. EXHIBITS: DEPARTMENT CONTACT: Skip Hammann, (760) 602-2780 x7320, shamm@ci.carlsbad.ca.us 1 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 28 €Fkr3l’r 1 RESOLUTION NO. 2005-344 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO CONSULTANT SERVICE AGREEMENT WITH B&G CONSULTANTS FOR AVIARA COMMUNITY PARK, PROJECT NO. 3699-1. WHEREAS, the City Council has determined it necessary and in the public interest to construct Aviara Community Park; and WHEREAS, an increase in the amount of $150,049 is necessary to continue consultant services for construction management services; and WHEREAS, Public Facility Fee funds are available in the Aviara Community Park capital improvement project budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That funds in the amount of $150,049 are hereby approved to increase the consultant agreements with B&G Consultants for the Aviara Community Park project, Project No. 3699-1. 11 /I /I !I I1 11 11 11 11 11 /I I! 11 11 I/ 11 2 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 28 3. That Amendment No. 2 to the construction management agreement with B&G Consultants is hereby approved and the Mayor and City Clerk are authorized and directed to execute said amendment. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held onthe 6th day of December , 2005 by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None (SEAL) 3 AMENDMENT NO. 2 TO AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR AVIARA COMMUNITY PARK (B&G CONSULTANTS) . This Amendment No. 2 is entered into and effective as of the 9% day of ay 4, 2004, (the “Agrekment”) by and between the City of Carlsbad, a municipal corporation, (“City“), and B&G CONSULTANTS, a California Corporation (“Contractor“) (collectively, the “Parties”) for construction management services on project no. 3699-1 Aviara Community Park. &iE/ul&R-, 200\(, amending the agreement dated RECITALS A. On July 21, 2005, the Parties executed Amendment No. 1 to the Agreement to alter the Agreement‘s scope of work to increase the contract amount by $162,500 to include additional Construction Management services beyond the Aviara Community Park original construction completion date of February 13, 2005, for a total agreement price of $562,178 (AB 18,205, RES 2005-224); and B. The Parties desire to alter the Agreement‘s scope of work to increase the contract amount by $150,049; and C. 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 one hundred fifty thousand forty-nine dollars ($150,049). 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 by May 4, 2006. 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 Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 1 City Attorney Approved Version #05.22.01 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. (sign here) (print nameltitle) (e-mail address) CITY QF CARLSBAD, a municipal (e-mail address) ATTEST: && L&@l INE~OD (J City Clerk If required by City, proper notarial acknowledgment 0, 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. Chairman, President, or Vice-president **Group B. 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(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: - Deputy City Attorhey 2 City Attorney Approved Version #05.22.01 EXHIBIT “A” SCOPE OF SERVICES AND FEE Aviara Community Park Project Hourly Rates & Reimbursable Estimate 26-Sep-05 Contract Amendment #2 Position/Role: Hourly Rate Principal Sr. Construction Manager ClericaVDocument Control $137 $126 $55 Reimbursables: Reimbursables shall be at cost plus 7% 3 City Attorney Approved Version # 05.22.01