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
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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
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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