HomeMy WebLinkAbout2007-07-10; City Council; 19070; Ratification Amendment #5 Simon Wong Engineering(m£))
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AB# 19,070
MTG. 7/10/07
DEPT. ENG
CITY OF CARLSBAD - AGENDA BILL
APPROVAL OF RATIFICATION OF AMENDMENT NO. 5
TOAf5RFFMFNT FOR A9.NEFDFD mKI<5TRlirTIONI
MANAGEMENT & INSPECTION SERVICES WITH
SIMON WONG ENGINEERING
10
DEPT. HEAD ^\r^5
CITY ATTY. tffr^
CITY MGR. ^F^vS
RECOMMENDED ACTION:
Adopt Resolution No. 2007-171 approving Ratification of Amendment No. 5 to Agreement for
As-needed Construction Management and Inspection Services with Simon Wong Engineering.
ITEM EXPLANATION:
The original agreement with Simon Wong Engineering allowed for three one year extensions. This
amendment will authorize two additional one year extensions. This will allow Simon Wong
Engineering to complete the 14 projects they are currently providing construction management and
inspection services for as described in the amendment. No new projects will be assigned.
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
The total maximum fee payable for services performed will remain at $800,000 per year. Funding for
these services are included in the individual CIP project budgets as awarded by Council, as well as
the Engineering Department operating budget.
EXHIBITS:
1. Resolution No. 2007-171
2.
_ approving Ratification of Amendment No. 5 to Agreement for
As-needed Construction Management and Inspection Services with Simon Wong Engineering.
Ratification of Amendment No. 5 to Agreement for As-needed Construction Management and
Inspection Services (Simon Wong Engineering).
DEPARTMENT CONTACT: Patrick Vaughan 760-602-2780 pvaug@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
G/nn
Dn
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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T£" VjL-A«
RESOLUTION NO. 2007-171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING RATIFICATION OF
AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH SIMON WONG ENGINEERING FOR AS-
NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES.
WHEREAS, the City Council of the City of Carlsbad, California considers
4H3/T )
it necessary
and in the public interest to approve and execute Ratification of Amendment No. 5 to the
Professional Services Agreement with Simon Wong Engineering; and
WHEREAS, the Parties desire to extend the Agreement for a period of one year, ending
on June 30, 2008, with the ability to extend the Agreement for one additional one year period; and
WHEREAS, the contractor, Simon Wong Engineering possesses the necessary skills
and qualifications to provide the needed services; and
WHEREAS, a ratification of amendment to the Agreement with Simon Wong
Engineering has been prepared and submitted hereto; and
WHEREAS, funding for the subject amendment is available in the individua
as well as the Engineering General Operating budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
California, as follows:
1 . That the above recitations are true and correct.
CIP budgets
of Carlsbad,
2. That Ratification of Amendment No. 5 to the Agreement between the City of
Carlsbad and Simon Wong Engineering for as-needed construction management
and inspection services is hereby approved and the Mayor is authorized and
directed to execute said amendment.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 10th day of July, 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
'im^LEWIS/ Ivlayor
ATTEST:
,
U6RRAI$£ M. WOO& City C\e
(SEAL)
RATIFICATION OF AMENDMENT NO. 5 TO EXTEND AND AMEND AGREEMENT
FOR AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
(SIMON WONG ENGINEERING, INC.)
This Ratification of Amendment No. 5 is entered into as of the / I --~ day
of OtfLLJL^ _ , 200_2_, but effective as of the 30th day of June, 2007,
extending a0d amending the agreement dated May 6, 2004 (the "Agreement") by and between
the City of Carlsbad, a municipal corporation, ("City"), and SIMON WONG ENGINEERING,
INC., ("Contractor") (collectively, the "Parties").
RECITALS
A. On June 10, 2004, the Parties executed Amendment No. 1 to the Agreement to
extend the Agreement for a period of one year, ending on June 30, 2005; and
B. On April 1 , 2005, the Parties executed Amendment No. 2 to the Agreement to
alter the Agreement's scope of work to increase the yearly allowable amount by $200,000 for a
total yearly allowable amount of $800,000 (AB 18,041 , Reso 2005-088); and
C. On June 23, 2005, the Parties executed Amendment No. 3 to the Agreement to
extend the Agreement for a period of one year, ending on June 30, 2006; and
D. On June 21, 2006, the Parties executed Amendment No. 4 to the Agreement to
extend the Agreement for a period of one year, ending on June 30, 2007; and
E. The Agreement, as amended from time to time expired on June 30, 2007 and
Contractor continued to work on the services specified therein without the benefit of an
agreement.
F. The Parties desire to extend the Agreement for a period of one year, ending on
June 30, 2008, with the ability to extend the Agreement for one additional one year period; and
G. The Parties have negotiated and agreed to a supplemental scope of work, which
is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fees.
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 their services to complete the work associated with
the projects listed in Exhibit "A" on a time and materials basis not-to-exceed eight hundred
thousand dollars ($800,000) per agreement 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.
4. Contractor will complete all work described in Exhibit "A" by June 30, 2008.
City Attorney Approved Version #05.22.01
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
EXHIBIT "A"
SCOPE OF SERVICES AND FEES
Provide construction inspection and project management services satisfactory to the City of
Carlsbad on an as-needed basis to complete the following projects:
#CT 04-06
#CT 03-01
#38561-A
#3802-2
#3890
#3557
#3607/3621/3604
#3771/4001
#3895-1
#45011
#5003-1
#3907
#3821-1
#3860-1
Palomar Point
La Costa Private Development
Hidden Canyon Community Park
Pine Avenue Park
Mahr Reservoir Improvement
Carlsbad Boulevard Bridge Retrofit
Faraday Avenue/El Camino Real Intersection
City Library Learning Center
Roosevelt Streetlights
Carrillo Drainage Improvements
El Camino Real Water System
RSF Road Wetland Mitigation
Lake Calavera Improvements
Olivenhain/Rancho Santa Fe Widening
HOURLY CHARGES
Field Staffing Position
Resident Engineer (PW)
Structures Engineer (PW)
Engineering Inspector (PW)
Straight-Time Billing Rate
$114.38
$107.93
$99.98
Overtime Rate
$145.57
$137.50
$129.56
Hourly charges include provisions for normal overhead costs such as fringe benefits, insurance,
clerical services, equipment, normal supplies and materials. Field personnel are equipped with
work trucks, cell phone/radios and basic tools. For other personnel on interim assignments,
mileage shall be reimbursed at a rate of $0.485 per mile. All other direct costs shall be
reimbursed at a rate of cost plus 10%.
Simon Wong Engineering will add a 5% charge to all sub-consultant billing to recover costs
incurred for record keeping, invoicing and other overhead costs, and additionally insured costs.
Above rates effective 7/1/2007.
City Attorney Approved Version #05.22.01
7. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this amendment.
municipal
ia
(print name/title) /
ATTEST:
(e-mail address)
jL
/Ci
M. WOODQ
(sign here)
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City Cler
L
(print name/title')
TrflsT <
'
?qy ™$(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. "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:
RONALD R. BALL, City Attorney
J/HAOf-
"Deputy City Attorrfey
RATIFICATION OF AMENDMENT NO. 5 TO EXTEND AND AMEND AGREEMENT FOR AS-NEEDED CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES
(SIMON WONG ENGINEERING, INC.)
City Attorney Approved Version #05.22.01