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HomeMy WebLinkAbout2008-04-08; City Council; 19389; Amendment to Brown and Caldwell agreementr V&iiy) CITY OF CARLSBAD -AGENDA BILL ^\^!P/ AB# 19,389 MTG. 4/08/08 DEPT. ENG APPROVAL OF AMENDMENT NO. 2 TO EXTEND AND AMEND AN AGREEMENT WITH BROWN AND CALDWELL FOR THE COMPLETION OF THE CARLSBAD DRAINAGE MASTER PLAN AND APPROPRIATION OF FUNDS DEPT. HEAD P^\ CITYATTY. (Sf^-' CITYMGR. ii;— -^ v - RECOMMENDED ACTION: Adopt Resolution No. 2008-101 approving Amendment No. 2 to extend and amend the professional services agreement with Brown and Caldwell for the completion of the Carlsbad Drainage Master Plan and the appropriation of Planned Local Drainage Area funds, Project No. 3872. ITEM EXPLANATION: On April 5, 2005, the City entered into a professional services agreement with Brown and Caldwell Engineers for the preparation of an updated Drainage Master Plan, an updated Planned Local Drainage Area (PLDA) Fee Study, and Program Environmental Impact Report. On April 5, 2006, the City extended the original agreement for an additional one-year period which expires on April 12, 2008. The main objective of the updated Drainage Master Plan is to assess existing storm drain infrastructure, identify anticipated storm drain facilities needed to accommodate flows from future development in Carlsbad, and develop a funding mechanism to ensure the construction of drainage facilities identified in the updated Drainage Master Plan. During the development of the updated Drainage Master Plan, additional information and studies were required which were not included in the original scope of services. These tasks include the addition of a master plan facility, revisions to the EIR, and revised PLDA Fee calculation. Staff negotiated a cost of $15,000 for these out of scope tasks. In addition, staff is anticipating additional tasks may be required of the consultant team as the Drainage Master Plan Update is processed through City Council approval. To this end, the amended professional services agreement includes a provision for a time and material arrangement not-to-exceed $25,000 for additional tasks specifically approved by the Engineering Department. Finally, the original agreement expires on April 12, 2008. Staff is proposing the current professional services agreement be extended for a 6-month period expiring on October 12, 2008 to allow for the final processing of the document through City Council hearings. Staff recommends the City Council approve Amendment No. 2 to extend and amend the professional services agreement with Brown and Caldwell. ENVIRONMENTAL IMPACT: The proposed project requires the preparation of a Program Environmental Impact Report (Program EIR) pursuant to Section 15168 of the California Environmental Quality Act (CEQA). The preparation of an EIR is included in the scope of services within the original professional services agreement. FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED *nn Dn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D Dn Page 2 FISCAL IMPACT: To date, $454,933 has been appropriated for the development of the updated Carlsbad Drainage Master Plan. An additional $40,000 is necessary to pay for the additional services needed to complete the Drainage Master Plan Update. Sufficient funds are available in the Planned Local Drainage Area B fund to accommodate the increased costs necessary to complete the project. EXHIBITS: 1. Resolution No. 2008-101 approving Amendment No. 2 to extend and amend the professional services agreement with Brown and Caldwell for the completion of the Carlsbad Drainage Master Plan and the appropriation of Planned Local Drainage Area funds, Project No. 3872. 2. Amendment No. 2 to extend and amend agreement for the preparation of the Carlsbad Drainage Master Plan, Planned Local Drainage Fee Study, and Program Environmental Impact Report. DEPARTMENT CONTACT: Steve Jantz, (760) 602-2738, siant@ci.carlsbad.ca.us 1 RESOLUTION NO. 2008-101 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO EXTEND AND AMEND THE PROFESSIONAL SERVICES 4 AGREEMENT WITH BROWN AND CALDWELL FOR THE COMPLETION OF THE CARLSBAD DRAINAGE MASTER PLAN 5 AND THE APPROPRIATION OF PLANNED LOCAL DRAINAGE AREA FUNDS. PROJECT NO. 3872. 6 WHEREAS, a professional services agreement was executed on April 12, 2005 between the City of Carlsbad and Brown and Caldwell Engineers for the preparation of an update to the Q Drainage Master Plan, an updated Planned Local Drainage Area (PLDA) Fee Study, and Program 9 Environmental Impact Report; and 10 WHEREAS, Amendment No. 1 was approved by the City on April 5, 2007 extending the 11 original services agreement for a one-year period expiring on April 12, 2008; and WHEREAS, it is necessary to increase the professional services agreement in the amount of $40,000 to cover the cost for additional analysis and studies; and 13 WHEREAS, it is necessary to extend the professional services agreement for an additional six (6) month period ending on October 12, 2008; and 15 WHEREAS, the City Council of the City of Carlsbad, California, has determined it 16 necessary and in the public interest to enter into Amendment No. 2 with Brown and Caldwell Engineers resulting in a total professional services agreement not-to-exceed amount of $380,933; and 18 WHEREAS, $40,000 in Planned Local Drainage Area funds will be appropriated for 19 Project No. 3872, sufficient to fund this Amendment No. 2. 20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 21 California, as follows: 22* • 1 • That the above recitations are true and correct. 2. That Amendment No. 2 with Brown and Caldwell Engineers for professional services for Project No. 3872 is hereby approved. 24 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to 25 execute Amendment No. 2 with Brown and Caldwell Engineers for, and on behalf of, the City of 26 Carlsbad. 27 4. That the Finance Director is authorized to appropriate $40,000 from the Planned 00 Local Drainage Area B Fund to Project No. 3872.Zo 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of April, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: WR (SEAL) M. WOOD, City Clerk AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR PREPARATION OF THE DRAINAGE MASTER PLAN UPDATE, PLANNED LOCAL DRAINAGE FEE STUDY, AND PROGRAM ENVIRONMENTAL IMPACT REPORT, PROJECT NO. 3872 (BROWN AND CALDWELL) endment No. 2 is entered into and effective as of the day of _ , 2008, extending and amending the agreement dated April 122005 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Brown and Caldwell, a private employee owned company, ("Contractor") (collectively, the "Parties") for additional services for the preparation of the Drainage Master Plan Update, Planned Local Drainage Fee Study, and Program Environmental Impact Report, Project No. 3872. RECITALS A. On April 5, 2007, the Parties executed Amendment No. 1 to the Agreement to extend the original agreement for a period of one (1) year ending April 12, 2008; and B. The Parties desire to alter the Agreement's scope of work to incorporate a new Master Drainage Plan Project BR requiring a revised project description, revision to Drainage Master Plan project cost estimates, additional environmental review, and revisions to the final Drainage Master Plan Update and Program Environmental Impact Report; and C. The Parties desire to extend the Agreement for a period of six months ending on October 12, 2008. D. 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". 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 forty thousand dollars ($40,000). 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 October 12, 2008. 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. 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. CONTRACTOR BROWN AND CALDWELL, a private employee owned company v CITY corpon OF SBAD, a municipal By: (e-maiH&ddress)LORRAINE M. WOOD City Clerk *By: (sign 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 Bv: AIM Deputy City Attorney City Attorney Approved Version #05.22.01 CERTIFICATE OF ASSISTANT SECRETARY OF BROWN AND CALDWELL, A CALIFORNIA CORPORATION I, the undersigned, do hereby certify that: 1. I am the duly elected and acting Assistant Secretary of Brown and Caldwell, a California corporation, and am keeper of the corporate records and seal of said corporation. 2. At the annual meeting of the Board of Directors on February 1, 2008, the following resolution was adopted: RESOLVED that all Brown and Caldwell officers currently appointed to serve are ratified and authorized to continue to hold their offices at the pleasure of the Board of Directors of this corporation until the next annual meeting of the Board of Directors of this corporation or until their respective successors are elected or qualified, or until their earlier resignation. A listing of current company officers is attached. BE IT FURTHER RESOLVED that all Brown and Caldwell officers listed are authorized to financially commit the corporation in accordance with the Company procedures and policies within their respective area of responsibility or as stated in the Bylaws. 3. Michael W. Nienberg is a Vice President of Brown and Caldwell, is so identified in the February 1, 2008, resolution referenced above, and in that capacity is duly authorized to financially commit the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation this 21st day of March, 2008. SIGNED: BLITHE S. BUETZOW/Assistant Secretary (SEAL) ' M :\CorpSecretary\Certificates\Secretary, Asst.doc ACKNOWLEDGMENT State of California County of before me, (insert name and title of the officer) On personally appeared who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. _ S.KAUMDUYS WITNESS my hand and official seal. (Seal)Signature EXHIBIT "A" SCOPE OF SERVICES AND FEE Itemized List of what Contractor will do for City and at what price. City Attorney Approved Version #05.22.01 BROWN AND CALDWELL 9665 Chesapeake Drive, Suite 201 San Diego, California 92123 Tel: (858)514-8822 Fax: (858)514-8833 March 17,2008 Mr. Steven Jant/ Project Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 44/128290-004 Subject: Dear Steven: Contract Fee Amendment for Revised Scope Items Related to the Carlsbad Drainage Master Plan Update and Environmental Impact Report Per the City's request, Brown and Caldwell and EDAW, Inc. met with City staff to discuss the Drainage Master Plan (DMP) Update and Environmental Impact Report (EIR) comments received from the public review and comment period that expired on September 14, 2007. During the public review process, the BC/EDAW team, along with City staff, identified data gaps arising out of the public review and comment period that are related to Basin B. As a result of the findings from the public review process, the City requested the incorporation of new Master Planned Facilities into Basin B. The new facilities and revisions (due to new information) are considered a revision to the Original Scope of Services. It is anticipated that the requested incorporation into the Final DMP and EIR documents will not create a time delay. However, it will require additional effort and environmental review. At this time, the Team has identified the following work elements and is moving forward with the incorporation into the final documents: 1. A new Master Planned Facility (Project BR) that requires a project description, a cost estimate, revisions to figures and environmental review. 2. Requested changes to the Master Planned Facilities list, as directed by the City, requiring changes to the DMP and EIR. The changes will result in revisions to the cost estimates, the project description text, the summary tables for DMP and EIR components, the analyses to reflect updated information, and figures to reflect updates to project information. 3. Revisions to the Technical Memorandum addressing the Planned Local Drainage Area (PLDA) Fee Program. Per agreement with the City, the Team has estimated the effort required and has provided the costs in Table -1, not to exceed $15,000.00. The work elements 1 thru 3 have been completed with the exception of a final meeting with City Council to adopt the revised EIR and DMP documents. IVXl'roircts-.Carlsbad, City of (C A) \12829O. Carlsbad Master PhnM'roj Mi\n\McctmK .\jjtndas-Noles\Rcvisttl Scope Items {113-17 n»).Doc Mr. Steven Jantz Project Manager March 17,2008 Page 2 TABLE -1 PROJECT STAFF: Hrs Rate Sub Total Total Project Manager/Sup Engr. 12.0 Sup. Engineer 12.0 Engineer II 0.0 Engineer III 8.0 Hydrogeologist II 12.0 Drafter 12.0 Office Support 12.0 Other Direct Costs (DMP) Environmental Principal 0.0 Environmental Senior Scientist 12.0 Environmental Engineer 8.0 Environmental Analyst 12.0 Sr. Biologist I 0.0 Biologist II 0.0 Technical Editor 0.0 Word Processor 0.0 GIS Specialist 12.0 Graphic Artist 0.0 171.00 171.00 110.00 130.00 110.00 110.00 79.00 200.00 150.00 100.00 80.00 120.00 95.00 85.00 75.00 90.00 75.00 2,052.00 2,052.00 0.00 1,040.00 1,320.00 1,320.00 948.00 8,732.00 500.00 0.00 1,800.00 800.00 960.00 0.00 0.00 0.00 0.00 1,080.00 0.00 4,640.00 Other Direct Costs (EIR) 800.00 Subcontractor Mark-up ® 7.00% 328.00 Total Hours: 112.0 Total Cost: $15,000.00 In addition to the above, the BC/EDAW team received a second request to evaluate probable impacts to the Drainage Master Plan (DMP) and Environmental Impact Report (EIR) based on the assumption that the following anticipated revisions identified by City staff (discussed on February 22, 2008), may take pkce as follows: 1. Additions to a Master Planned Facility (Project BJ) that requires a revised project description, a cost estimate, revisions to figures. The possibility of environmental review is not included in the cost estimate. 2. Additions to a Master Planned Facility (Project BL-L) that requires a revised cost estimate. No revision to figures or environmental review is anticipated. 3. Revisions to the Technical Memorandum addressing the Pknned Local Drainage Area (PLDA) Fee Program. This is based on the assumption that fee increases will require a revised justification of methodology. P:\Projccts\Carlsbad, City of (CA)\128290-Catl«bad Master P1an\Proj Man\Me«ing Agendas-NoteAReviscd Scope Items (03-17-l*).Doc Mr. Steven Jantz Project Manager March 17, 2008 Page 3 4. Additional services to provide response to comments for new project descriptions from third party groups that may have the opportunity to comment on City requested changes to the DMP; or coordination meetings with City staff not anticipated as an outcome of third party comments; or services and meetings for follow-up communication. Per agreement and direction from the City, the BC/EDAW team has provided an hourly labor rate in Table-2, with the estimated effort required to address the request discussed above. It is also noted that this portion of work shall be on a time and materials basis (not to exceed $25,000.00) and will only take place under authorization of City staff. The Team assumes that the environmental process has been completed. Therefore, no cost has been provided for a recirculation or environmental process effort in Table-2 of the estimate. TABLE- 2 PROJECT STAFF: Mrs Rate Sub Total Total Project Manager/Sup Engr. 30.0 Sup. Engineer 40.0 Engineer II 0.0 Engineer III 24.0 Hydrogeologist II 20.0 Drafter 20.0 Office Support 24.0 Other Direct Costs Environmental Principal 8.0 Environmental Engineer 8.0 171.00 171.00 110.00 130.00 110.00 110.00 79.00 190.00 110.00 5,130.00 6,840.00 0.00 3,120.00 2,200.00 2,200.00 1,896.00 21,385.00 1,000.00 1,520.00 880.00 2,400.00 Other Direct Costs 50.00 Subcontractor Mark-up @ 7.00% 165.00 Total Hours: 174.0 Total Cost: $25,000.00 As mentioned, the additional effort to complete the documents will require cost estimators, environmental analysts and scientists, GIS and drafting staff, technical editing and word processing staff to incorporate changes into the DMP document. The remaining senior staff effort will focus on the Technical Memorandum and anticipated agency meetings. The team has estimated the effort required to complete the final deliverables for the tasks described above based on discussion with City staff. In addition, other direct reproduction costs have also been included and have been provided as appropriate in Table-1 and Table-2. P:\Projccts\CMUbad, City of (CA)\128290-Caifcbad MailerPUiAPioj M»n\Mccting Agcncfaj-NotwMUvised Scope Item (<>3-t7-08).Doc Mr. Steven Jantz Project Manager March 17, 2008 Page 4 As shown, the estimated cost for the work completed and additional scope items in Table-1 and Table-2 has a grand total of $40,000.00. We appreciate your consideration of this augment request If you have any questions, please feel free to contact us at your earliest convenience. Sincerely, BROWN AND CALDWELL Michael W. Nienberg, DrPH Vice President and San Diego fice Manager Christian Herencia, PE Project Manager P:\Projects\Caifebad, City of (CA)\128290-Girlsbad Master Plan\Proj Man\M«ting Agendas-Not«\Revised Scope Items (O.V17-08).Doc