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HomeMy WebLinkAbout2009-07-28; City Council; 19916; Amending RBF consulting agreement project 4504CITY OF CARLSBAD - AGENDA BILL\iip/ AB# 19,916 MTG. 7/28/09 DEPT. ENG APPRDX/AI OF AMFNHMFNT Ml IMRFR ^ TO FyTFND AND AMEND AGREEMENT WITH RBF CONSULTING FOR ENGINEERING SERVICES FOR POINSETTIA COMMUNITY PARK PHASE MB (PARKING LOTS), PROJECT NO. 4504 DEPT. HEADX^^ CITY ATTY. (£&>. CITY MGR. ( 1 t^^\AJ RECOMMENDED ACTION: Adopt Resolution No.2009-197 approving amendment number 5 to extend and amend the agreement with RBF CONSULTING for engineering services for Poinsettia Community Park Phase MB (Parking Lots), Project No. 4504. ITEM EXPLANATION: The agreement for the engineering services to design improvements at Poinsettia Park during Phases MA and MB of park improvements will expire on August 14, 2009, with no available extensions. The project is taking longer than initially anticipated in the contract due to increase in scope of the project. The initial contract included the design of seven tennis courts (Phase MA). The scope was increased to include contract administration services during construction of the tennis courts and for design and construction administration services of the two adjacent parking lots (Phase IIB). The construction of the two parking lots is about to begin and is anticipated to last 4 months. In order to utilize the scope in the current contract with RBF CONSULTING for services during construction of the parking lots, which will occur after the expiration of the current contract, the contract needs to be extended. In addition, the contract needs to be amended to allow RBF CONSULTING to evaluate the current parking lots lighting design as impacted by City's recent change in luminaire standards to a newer, more energy efficient "induction" lighting. ENVIRONMENTAL IMPACT: This project is consistent with Poinsettia Community Park Master Plan, CUP 92-05/HDP 92-09 approved by the Planning Commission in October 1992, as well as the Mitigated Negative Declaration issued by the Planning Director on July 30, 1992. DEPARTMENT CONTACTS: Eva Plajzer, 760-602-2787, eva.plaizer@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED ti D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES Dn D D Page 2 FISCAL IMPACT: Table 1 shows the current status of the Poinsettia Community Park Phase MB Parking Lot project. TABLE 1 - POINSETTIA COMMUNITY PARK PHASE MB PARKING LOTS PROJECT NO. 4504 TASK DESCRIPTION Design Construction, Inspection, Materials Testing TOTAL APPROPRIATED TO DATE $85,215 878,185 $963,400 EXPENDITURES/ ENCUMBRANCES TO DATE $69,281 $11,213 $80,494 REMAINING BALANCES $15,934 $866,972 $882,906 The existing contract with RBF CONSULTING will be extended for a period of one year, expiring on August 14, 2010, and increased by $1,200 to accommodate the increased scope of work associated with lighting design. Sufficient funds have been appropriated from the Public Facilities Fee Fund to construct the project and fund this amendment. EXHIBITS: 1.Location map. 2. Resolution No. 2009-197 approving the amendment number 5 to extend and amend the agreement with RBF CONSULTING for engineering services for the Poinsettia Community Park Phase MB (Parking Lots), Project No. 4504. 3. Amendment No. 5 to Extend and Amend Agreement for Professional Engineering Services for Poinsettia Community Park (RBF Consulting). LOCATION MAP NOT JO SCALE RD. SITE VICINITY MAP NOT TO SCALE PROJECT NAME POINSETTIA COMMUNITY PARK PHASEJLB PARKING LOTS PROJECT NUMBER 4504 EXHIBIT 1 DRAW BY: SCOTT EVANS, CAKLSBAD ENGINEERING OEPT. 2/18/09 C; \CAPITAL\fLAJZER\PaNSETnA PARK PARKING LOTS\<t504.DWG Ex' RESOLUTION NO. 2009-197 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NUMBER 5 TO EXTEND AND AMEND AGREEMENT WITH RBF 4 CONSULTING FOR ENGINEERING SERVICES FOR POINSETTIA COMMUNITY PARK PHASE IIB (PARKING LOTS), PROJECT 5 NO. 4504 6 WHEREAS, the City Council of the City of Carlsbad, California, has determined it 7 necessary, desirable, and in the public interest to construct two additional parking lots at the 8 Poinsettia Community Park; and 9 WHEREAS, the current agreement, PWENG530 for professional engineering services 10 with RBF CONSULTING to design these improvements expires on August 14, 2009; and 11 WHEREAS, the agreement needs to be extended to August 14, 2010, to provided 12 services during construction; and 13 WHEREAS, the agreement needs to be amended to increase the scope of work to 14 include additional services associated with lighting design; and '^ WHEREAS, the amount of the agreement needs to be increased by $1,200 to a total 16 contract value of $240,705; and 17 WHEREAS, there are sufficient funds appropriated for Project No. 4504. 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 19 California, as follows: 20 1. That the above recitations are true and correct. 21 2. That Amendment No. 5 to Extend and Amend the Agreement for Professional 22 Engineering Services for Poinsettia Community Park Phase IIB with RBF CONSULTING is hereby 23 approved. 24 3. That the agreement amount for PWENG530 is increased by $1,200 to a total 25 contract value of $240,705. 26 /// 27 /// 28 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 28th day of June 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn NOES: None ABSENT: None ATTEST: LORRAINE Karen R. Kundtz, Assistant (SEAL) Clerk City Clerk PWENG530 AMENDMENT NO. 5 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR POINSETTIA COMMUNITY PARK (RBF CONSULTING) X7 Thj§ Amendment No. 5 is entered into and effective as of the 0<^ day of _, 2009, amending the agreement dated August 14, 2006 (the "Agf£ero6nt") by and between the City of Carlsbad, a municipal corporation, ("City"), and RBF CONSULTING, a California corporation, ("Contractor") (collectively, the "Parties") for professional engineering services for Poinsettia Community Park Phase IIA. RECITALS A. On August 7, 2007, the Parties executed Amendment No. 1 to the Agreement to extend the Agreement for a period of one (1) year; and B. On November 8, 2007, the Parties executed Amendment No. 2 to the Agreement to add service during construction for the tennis courts and design services for the adjacent parking lots; and C. On August 7, 2008, the Parties executed Amendment No. 3 to the Agreement to extend the Agreement for a period of one (1) year and add services during construction for the parking lots; and D. On January 6, 2009 the Parties executed Amendment No. 4 to the Agreement to add survey and design services for pedestrian ramps to meet Americans with Disabilities Act Standards; and E. The Parties desire to alter the Agreement's scope of work to add additional electrical services; and F. The Parties desire to extend the Agreement for a period of one (1) calendar year. G. 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 one thousand two hundred dollars ($1,200). 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 August 14, 2010. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. City Attorney Approved Version #05.22.01 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. 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 RBF CONSULTING, corporation California CITY corpopati *By:r*~<-«f signMe(sign Here) CARLSBAD, a f the State of Califo By: Gary Armstrong, Senior Vice President (print name/title) garya@rbf.com (e-mail address)ATTEST: LORRAINE City Clerk J. Robert Crawford. (e-mail address)'V.tL'X 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:MA a^r- Deputy City Attorney^ City Attorney Approved Version #05.22.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On June 30, 2009 Date personally appeared before me,Kim Hartsfield, Notary Public Here Insert Name and Title of the Officer Gary Armstrong and J. Robert Crawford Name(s) of Signer(s) KIM HARTSFIELD W Commission * 1824540 I Notary Public • California z Orange County ~ y Comm. Expires Nov 25.20121 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ^/are subscribed to the within instrument and acknowledged to me that tyG/gKe/they executed the same in Ofe/b^r/their authorized capacity(ies), and that by bfe/hjgr/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. WITNESS my hand and official seal. Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Contract agreement Document Date:June 30, 2009 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) signer's Name: Gary Armstrong signer's Name: J. Robert Crawford D Individual LJ Individual S^tJ^tT/V ^ corporate officer — Titie(s): Sr. Vice-Presldent ^Corporate officer — Titie^Exec. Vice-President G Partner — IJ Limited D General i.iuiLAjii|m-i.j.||uj D Partner — J Limited Z General RIGHTTHUMBPRINT OF SIGNER Trustee Guardian or Conservator Other: Signer Is Representing:. RBF Consulting Top of thumb here D Trustee D Guardian or Conservator :: Other: Signer Is Representing: ©2007 National Notary Association • 9350 Oe Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 EXHIBIT "A" RBF Consulting SCOPE OF WORK POINSETTIA COMMUNITY PARK Phase 2B - Parking Lots Lighting Analysis and Re-Design RBF's subconsultant, Wright Engineering, shall perform the electrical engineering services described in the attached scope of work. RBF has marked up their proposal 10% for RBF's coordination and management to make the total amendment as follows: WORK TASK Additional Electrical Engineering Services ............................................................................... $1,050 RBF's Coordination and Management ........................................................................................ $150 TOTAL FEE .................................................................................... . .................................... $1,200 SCOPE OF WORK June 19,2009 Phase 2B Parking Lots at Poinsettia Community Park Page 1 ill WRIGHT Chandler, AZ 85225 ENGINEERING Phone:(480)497-5829 CORPORATION Fax: t480) 497-5807 Additional Service Agreement 165 East Chilton Date: 6/19/2009 To: RBF Consulting 14725 Alton Parkway j Irvine, CA 92618 j F Attn: Jeremy Franzini i Project Name/WEC#: Poinsettia Park Parking Lot Lighting #08059 Professional Services: The additional scope of: 1. Provide additional photometric analysis for the two new, small parking areas. This will included analyzing available products that utilize an induction lighting source, and that meet the aesthetics of the site. 2. Modify current construction documents to incorporate new lighting specifications. Fee for Additional Services: $1050.00 Estimated Completion: 10 Working Days from receipt of signed contract If this meets with your approval, please sign in the space provided below and return the original to Wright Engineering so that these services may be begun. Please keep a copy of this for your records. i Wright Engineering, Corp. RBF Consulting j IJ (^ I k-//~ Signature: /*\ ^jtfvJfM Signature: By: R. SCott Wrigift, P.E. By: Title: President Title: Date: 6/19/2009 Date: