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HomeMy WebLinkAbout2006-06-13; City Council; 18593; Aviara Community Park Construction NOCCITY OF CARLSBAD - AGENDA BILL AB#18,593 MTG. 06/13/06 DEPT. ENG TITLE: APPROVE RATIFICATION OF AMENDMENT TO CONSULTANT SERVICE AGREEMENT WITH NTD STICHLER, INCORPORATED AND FILING OF NOTICE OF COMPLETION FOR THE CONSTRUCTION CONTRACT FOR AVIARA COMMUNITY PARK, PROJECT NO. 3699-1. RECOMMENDED ACTION: Adopt Resolution No.2006-148 approving an amendment to the consultant service agreement with NTD Stichler, Inc., for Aviara Community Park and accepting the construction contract on Aviara Community Park, Project No. 3699-1, as complete, and directing the City Clerk to record a Notice of Completion and release bonds in accordance with State Law and City Ordinances. ITEM EXPLANATION: On October 7, 2003 the City Council approved a contract with NTD Architects, Inc. for the redesign of bid documents and construction phase architectural services in the amount of $181,802. On March 9, 2004, Douglas E. Barnhart, Inc. was awarded a contract in the amount of $7,598,499 for the construction of Aviara Community Park, City Project No. 36991. The original NTD Stichler, Inc. contract was executed in October 2003. Two amendments have been previously approved bringing the total current contract amount to $297,898 with an expiration date of October 14, 2005. Staff recommends Council approve an amendment to the consultant services agreement with NTD Stichler, Inc. The amendment will extend the agreement and increase the contract amount. Douglas E. Barnhart, Inc. substantially completed the project, and the park was opened to the public on February 4, 2006. Although the park was substantially complete, several disputed items of work remained unresolved at the time of the park opening. In March 2006, all disputed work items were resolved and incorporated into a final change order. The final change order was drafted, and punch list work items completed, in April 2006. City staff has inspected the work and found it to be satisfactory. Staff recommends formal acceptance of the improvements by the City Council. ENVIRONMENTAL REVIEW: The approval of a Notice of Completion is a ministerial process and is exempt from the requirements of CEQA pursuant to Section 15268 of the State CEQA Guidelines. Page 2 FISCAL IMPACT: Notice of Completion The total amount of the construction contract and contingency, shown below, will be required for the project. AVIARA COMMUNITY PARK, PROJECT NO. 3699-1 (DOUGLAS E. BARNHART, INC.) Construction Award: Construction Contingency: Total: Construction Expenditures: Remaining Balance: $7,598,499 $ 380,000 $7,978,499 $7,978,499 $ 0 Amendment to Consultant Agreement: The total consultant contract amendment amount is $67,509. There are sufficient appropriations in the project budget to fund the entire cost of the amendment. 2006-148 EXHIBITS: 1 . Location Map. 2. Resolution No. _ 3. Ratification of Amendment No. 3 to Extend and Amend Agreement for Redesign and Architectural Construction Phase Services for Project No. 3699-1 Aviara Community Park. 4. Notice of Completion for Aviara Community Park, Project No. 3699-1 . DEPARTMENT CONTACT: John Maashoff, (760)602-2780 x7307, jmaas@ci.carlsbad.ca.us LOCATION MAP CflY OF OCEANSIDE WGHWAt ,>» NOT TO SCALE SITE. PROJECT NAME AVIARA COMMUNITY PARK PROJECT NUMBER 3699-1 EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING KPT. 5/26/06 C \CAP1TAL\X99-1.DHG 1 RESOLUTION NO. 2006-148 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 25 26 27 28 OF CARLSBAD, CALIFORNIA, APPROVING A CHANGE ORDER AND SETTLEMENT WITH DOUGLAS BARNHART, INC., A RATIFICATION OF AMENDMENT TO AN AGREEMENT WITH NTD STICHLER, INCORPORATED, AND ACCEPTING THE CONSTRUCTION CONTRACT ON AVIARA COMMUNITY PARK. PROJECT NO. 3699-1. WHEREAS, the construction of Aviara Community Park has been completed to the City's satisfaction by Douglas E. Barnhart, inc.; and WHEREAS, Change Order Number 13 has been negotiated between Douglas E. Barnhart, Inc. and the City as a complete and final settlement of all disputes and claims arising out of the performance of the Contract between the parties; and WHEREAS, the formal project Notice of Completion has been prepared; and WHEREAS, all project costs have been established to date; and WHEREAS, an increase in the amount of $67,509 to NTD Stichler, Inc.'s agreement is needed in order to pay for architectural construction phase services provided through April, 2006; and 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. 2. The Aviara Community Park, specifically identified as Project No. 3699-1, is deemed complete and is hereby accepted by the City Council of the City of Carlsbad. 3. That Change Order Number 13 be executed by the City Manger once a complete 21 waiver and release of all claims in a form approved by the City Attorney is executed by Douglas E. 22 Barnhart, Inc.. 23 4. The City Clerk of the City of Carlsbad is hereby authorized and directed to execute 94 and record the Notice of Completion for Aviara Community Park, Project No. 3699-1. 5. That funds in the amount of $67,509 are hereby approved to increase the consultant agreement with NTD Stichler, Inc. for the Aviara Community Park project, Project No. 3699-1. 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 6. That Ratification of Amendment No. 3 to the redesign and architectural construction phase services agreement with NTD Stichler, Inc. is hereby approved and the Mayor and City Clerk are authorized and directed to execute said Ratification of Amendment. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 13th day of June , 2006 by the following vote, to wit: AYES: Council Members Lewis, _Hall, Kulchin, Packard, Sigafoose NOES: ABSENT/ y/Tlffne CLAUDE A. LEWIS, Mayor LORRAINE M. 3 RATIFICATION OF AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR REDESIGN AND ARCHITECTURAL CONSTRUCTION PHASE SERVICES FOR PROJECT NO. 3699-1 AVIARA COMMUNITY PARK (NTD STICHLER, INC.) j<r/] This Ratification of Amendment No. 3 is entered into as of the />J _ day of £ff**~s 200^_, but effective as of the 31st day of October, 2005, extending and am^rfding the agreement dated October 14, 2003 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and NTD STICHLER, INC., ("Contractor") (collectively, the "Parties"). RECITALS A. On November 18, 2003, the Parties executed Amendment No. 1 to the Agreement to increase the contract amount by $3,600 (from $181,202 to $184,802) to include dry utility consulting design and document revision services; and B. On July 21, 2005, the Parties altered the Agreement's scope of work by increasing the allowable contract amount by $113,096 (from $184,802 to $297,898) to include additional Architectural Construction Phase services beyond the Aviara Community Park original completion date of February 13, 2005, extending the Agreement to October 31 , 2005; and C. The Agreement, as amended from time to time expired on October 31 , 2005, and Contractor continued to work on the services specified therein without the benefit of an agreement. D. The Parties desire to alter the scope of work of the Agreement to increase the allowable contract amount by $67,509 (from $297,898 to $365,407); and E. The Parties desire to extend the Agreement for a period of six months, expiring on April 30, 2006. F. 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 . The retroactive extension and amendment of the Agreement is ratified. 2. 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". 3. 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 sixty-five thousand four hundred and seven dollars ($365,407). 4. Contractor will complete all work described in Exhibit "A" by April 30, 2006. City Attorney Approved Version S05.22..01 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 the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22..01 7 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. CITY OF/-? CARLSBAD, a municipal corporaticfn/of the State ofjCaliforpts OfrMtedrffcor Ivlayor (e-mail address) *By: (sig D9RKAIN City Clerk here) (print name/title) (e-mail address) 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. 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: Peputy-City Attorney City Attorney Approved Version #05.22..01 "EXHIBIT A" SCOPE OF SERVICES AND FEE SCOPE OF SERVICES The scope of services remains the same as per the original agreement between NTD Stichler, Inc. and the City of Carlsbad executed on October 14, 2003, and as amended by Amendment Nos. 1 & 2, previously approved by the City and NTD Stichler, Inc. FEES Partner/Principal in Charge Project Architect Project Designer Specifications Writer Construction Administrator Job Captain Sr. Drafter Designer/Drafter Clerical $175.00 per hour $115.00 per hour $11 5.00 per hour $120.00 per hour $11 5.00 per hour $95.00 per hour $85.00 per hour $80.00 per hour $55.00 per hour Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2006-0427695 JUN16, 2006 9:26 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J SMITH.COUNTY RECORDER FEES- 0.00 PAGES: 1 Space above this line for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on February 4, 2006. 6. The name of the contractor for such work of improvement is Douglas E. Barnhart, Inc. 7. The property on which the work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as the construction of Aviara Community Park, Project No. 3699-1. CITY OF CARLSBAD CONRAD C. HAMMANN, JR. Deputy Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008. The City Council of said City on J^**^ x/ 2006, accepted the above described work as completed and drflered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. , 2006, at Carlsbad, California. LSBAD LORRAi FOR AGENDA ITEM #2 AVIARA COMMUNITY PARK JUNE 13, 2006 TO: City Clerk FROM: City Attorney AGENDA ITEM #2 (PROJECT 36991 AVIARA COMMUNITY PARK) The City Attorney's office has reviewed the Agenda Item and recommends that a further settlement and release agreement be executed by the City and Douglas E. Barnhart, Inc. to ensure that there will be no litigation in the future. Accordingly, we have amended the resolution to direct staff to obtain a release from Barnhart in a form to be approved by the City Attorney. This resolution is attached and will be presented by City Attorney Ronald Ball at tonight's meeting. RONALD C. KEMI Deputy City Attorney