HomeMy WebLinkAbout2010-10-12; City Council; 20381; DUDEK AMENDMENT GRADING ALGA NORTE PARKCITY OF CARLSBAD - AGENDA BILL
20,381AB#
MTG. 10/12/10
DEPT. TRAN
APPROVAL OF AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT WITH
DUDEK FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES FOR THE GRADING OF
ALGA NORTE PARK, PROJECT NO. 3837
DEPT.
CITY ATTORNEY
CITY MANAGER (JU
RECOMMENDED ACTION:
Adopt Resolution No. 2010-240 approving Amendment No. 1 to amend the professional
services agreement with Dudek for construction management and inspection services for the grading
of Alga Norte Park, Project No. 3837.
ITEM EXPLANATION:
On January 15, 2010, the City entered into an agreement with Dudek for construction management
and inspection services for the grading of Alga Norte Park, Project No. 3837. The original agreement
with Dudek was a not-to-exceed, time, and material contract based on the initial plans, specifications,
and construction schedule. During the grading operations, however, unanticipated groundwater was
encountered. The groundwater issue caused a delay in grading operations thereby extending the
overall contract duration. Successful mitigation of this unforeseen condition required Dudek perform
structural calculations necessary to ensure the protection of existing site utilities. Dudek then prepared
landscape plans to facilitate the use of recycled water for the onsite temporary irrigation system.
These tasks were not part of the original scope and resulted in the need to increase Dudek's
agreement by $32,000.
ENVIRONMENTAL IMPACT:
The proposed contract amendment for construction management and inspection services does not
qualify as a "project" under the California Environmental Quality Act (CEQA) per State CEQA
Guidelines Section 15378, as it does not result in a direct or reasonably foreseeable indirect physical
change in the environment.
CEQA review for the Alga Norte Park project was completed previously. On March 1, 2006, the
Planning Commission adopted Resolution No. 6039 adopting a Negative Declaration (ND) for the
project.
DEPARTMENT CONTACT: Patrick Vaughan, (760) 602-2780, patrick.vaughan@carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED %£
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
Dn
nn
Page 2
FISCAL IMPACT:
The original agreement was for $98,825. Amendment No. 1 is for $32,000. Amendment No. 1 brings
the total Agreement amount to $130,825. As shown in the table below, Alga Norte Park
(Project No. 3837-2) has sufficient Public Facility Fee Funds available for Amendment No. 1.
ALGA NORTE PARK-PROJECT NO. 3837-2
TASK DESCRIPTION
Design
Construction, Inspection,
Materials Testing
Environmental Mitigation &
Monitoring
Studies & Reports
TOTAL
APPROPRIATION
$3,228,656
18,808,854
17,500
52,500
$22,107,510
EXPENDITURES/
ENCUMBRANCES
$1,819,695
2,161,506
14,929
49,651
$4,045,781
REMAINING
BALANCES
$1,408,961
16,647,348
2,571
2,849
$18,061,729
EXHIBITS:
1. Location Map.
2. Resolution No.2Q1Q-240 approving Amendment No. 1 to amend the professional
services agreement with Dudek for construction management and inspection services for the
grading of Alga Norte Park, Project No. 3837.
Amendment No. 1 to Agreement for Construction Management and Inspection Services for the
Grading of Alga Norte Park, Project No. 3837.
r~
LOCATION MAP
S/7E
NOT TO SCALE
SITE.
PROJECT NAME
ALGA NORTE COMMUNITY PARK
PROJECT
NUMBER
3837
EXHIBIT
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RESOLUTION NO. 2010-240
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO APPROVE AMENDMENT NO. 1 TO A
PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR
THE GRADING OF ALGA NORTE PARK. PROJECT NO. 3837.
WHEREAS, the City of Carlsbad entered into an agreement with Dudek to provide
construction management and inspection services for the grading of Alga Norte Park,
Project No. 3837; and
WHEREAS, it is in the City's best interest to retain Dudek in a construction management
and inspection roll; and
WHEREAS, unforeseen field conditions, which included the discovery of groundwater,
resulted in the extension of the project duration; and
WHEREAS, these conditions required tasks be added to the original scope of Dudek's
agreement, including structural calculations to protect existing utilities as well as the preparation of
landscape plans for temporary onsite irrigation; and
WHEREAS, the Agreement needs to be amended and increased by $32,000, for total
Agreement amount of $130,825; and
WHEREAS, there are sufficient funds appropriated for Project No. 3837.
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. That Amendment No. 1 to the Agreement for Construction Management and
Inspection Services for the Grading of Alga Norte Park with Dudek is hereby approved.
3. That the Agreement amount is increased by $32,000 for a total Agreement
amount of $130,825.
25 4. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute
Amendment No. 1 with Dudek for and on behalf of the City of Carlsbad.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 12th day of October 2010, by the following vote to wit:
AYES: Council Members Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: Council Member Lewis.
ANN J. Kl#L£HIN, Mayor Pro Tern
ATTEST:
AMENDMENT NO. 1 TO AGREEMENT FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES FOR THE GRADING OF ALGA NORTE PARK, PROJECT NO. 3837
(DUDEK)
Amendment No. 1 is entered into as of the •/* day of
20 W. amending the agreement dated January 15, 2010 (the
"Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and
DUDEK, ("Contractor") (collectively, the "Parties") for the construction management and
inspection services for the grading of Alga Norte Park.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to increase the
allowable Agreement amount by $32,000 for a total Agreement amount of $130,825.
B. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Supplemental
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 thirty two thousand dollars
($32,000). 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
January 15, 2011.
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 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 ttis Amendment.
*By:
Frank Dudek
(print
(e-mail address)
(print name/title)
(e-mail address)
CITY OF CARLSBAD, a municipal
corporation of the State of California
ATTEST:
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 office<s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD E. BALL, City Attorney1/00By: A L^ \L V
Deputy City Attorney
AMENDMENT NO 1 TO AGREEMENT FOR CONSTRUCTION MANAGEMENTAND INSPECTION SERVICES FOR THE
GRADING OFALGANORTE PARK, PROJECT NO. 3837
(DUDEK)
City Attorney Approved Version #05.22.01
EXHIBIT "A"
SUPPLEMENTAL SCOPE OF SERVICES AND FEE
1. Perform structural calculations associated with the groundwater discovery.
2. Draft landscape plans to facilitate the use of recycled water during the temporary
irrigation of the site.
3. Perform additional inspection and construction management services due to construction
delays needed to complete the project.
Dudek will perform the above services on a time-and-materials basis for an amount not-to-
exceed $32,000.
AMENDMENT NO. 1 TO AGREEMENT FOR CONSTRUCTION MANAGEMENTAND INSPECTION SERVICES FOR THE
GRADING OFALGANORTE PARK, PROJECT NO. 3837
(DUDEK)
City Attorney Approved Version # 05.22.01
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