HomeMy WebLinkAbout2021-05-04; City Council; ; Item Returned to Staff-Authorize Amendment No. 4 to Agreement with WLC Architects for the Fire Station No. 4 AdditionMay 4, 2021
2. AMENDMENT NO. 4 TO AGREEMENT WITH WLC ARCHITECTS FOR THE FIRE STATION NO. 4
ADDITION, CIP NO. 4740 —Adoption of a resolution authorizing execution of Amendment No.
4 to the agreement with WLC Architects, Inc. to amend the agreement in an amount not to
exceed $155,000 and extend the term by two years for additional design services for the Fire
Station No. 4 Addition, CIP No. 4740. (Staff contact: Steven Stewart, Public Works and
Michael Calderwood, Fire)
THIS ITEM WAS
RETURNED TO STAFF
TO BE BROUGHT BACK
AT A LATER TIME.
CA Review __RMC__
Meeting Date: May 4, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Steven Stewart, Municipal Projects Manager
steven.stewart@carlsbadca.gov, 760-602-7543
Michael Calderwood, Fire Chief
michael.calderwood@carlsbadca.gov, 760-931-2141
Subject: Authorize Amendment No. 4 to Agreement with WLC Architects for the
Fire Station No. 4 Addition
District: 3
Recommended Action
Adopt a resolution authorizing execution of Amendment No. 4 to the agreement with WLC
Architects, Inc. to amend the agreement in an amount not to exceed $155,000 and extend the
agreement term by two years for additional design services for the Fire Station No. 4 Addition,
Capital Improvement Program Project No. 4740.
Executive Summary
On Sept. 11, 2018, the Carlsbad City Council adopted Resolution No. 2018-166 to retain WLC
Architects, Inc. to provide design services for the Fire Station No. 4 Addition, Capital
Improvement Program Project No. 4740. WLC’s scope of work included:
1.Evaluation of existing building conditions, site constraints and renovation/expansion
options
2.Initiation of environmental and civil engineering studies for a conditional use permit
amendment and a coastal development permit application, and
3.Development of a cost estimate for the work
During the design development phase of the project, renovation work to improve the kitchen
and dining areas, and to create a new day room and gym was added to the scope. Regulations
regarding stormwater treatment and control also led to additional work scope. To incorporate
the additional building renovation and stormwater-related design work into the project, WLC
presented a request for additional services on March 16, 2021. Amendment No. 4 includes these
additional services and extends the agreement term by two years.
Staff recommends authorization of Amendment No. 4 to amend and extend the agreement with
WLC in an amount not to exceed $155,000. City Council authorization of the amendment is
required under Carlsbad Municipal Code Section 3.28.040(D)(3), because the value of WLC’s
additional services exceeds $100,000.
May 4, 2021 Item #2 Page 1 of 13
Discussion
Fire Station No. 4 is an approximately 3,700 square foot, one-story building, located at 6885
Batiquitos Drive. The station was built with four bedrooms and an apparatus bay for two
engines. A conditional use permit was approved by the Planning Commission at the time of
construction in 1986. With the growth of the community since then and an increased need for
ambulance services, additional living quarters and apparatus bay space are needed.
Accordingly, in fiscal year 2018-19, Capital Improvement Program Project No. 4740 was created
and approved by the City Council during the Capital Improvement Program budget process that
year.
On Sept. 11, 2018, the City Council adopted Resolution No. 2018-166 authorizing a contract
with WLC to provide design, permitting and construction administration services in an amount
not to exceed $225,920. On May 13, 2019, the city entered into Amendment No. 1 to the
agreement in an amount not to exceed $10,649 to provide additional environmental services,
including a bird survey. On Feb. 6, 2020, the city entered into Amendment No. 2 to extend the
agreement terms by an additional 18 months due to the time necessary to complete the bird
survey work. With the additional time, the agreement term was extended to Oct. 4, 2021. On
March 2, 2020, the city entered into Amendment No. 3 to the agreement in an amount not to
exceed $15,900 to provide landscape architectural services, as requested by the California
Coastal Commission following their site visit, with no time extension.
During the design development phase of the project, additional renovation work to improve the
kitchen and dining areas and to create a new day room and gym was added to the scope. This
additional architectural design work was not originally anticipated, but it would help to make the
station layout more efficient for the planned increase in staffing. Additionally, when the design
was submitted to the city for plan review in September 2020, the first round of city review
comments included the requirement for treatment of onsite stormwater due to the quantity of
impervious surface area. To incorporate the additional renovation work scope and the additional
civil engineering design services for stormwater treatment, WLC presented a request for
additional services on March 16, 2021, along with an updated cost estimate for the revised
scope of work. This request for additional services is the subject of Amendment No. 4, inclusive
of a two-year term extension until Oct. 4, 2023, to allow for completion of city permitting and a
more extensive renovation work scope for the fire station.
Proposition H
In 1982, Carlsbad voters enacted Proposition H, which is now codified in Chapter 1.24 of the
Carlsbad Municipal Code. Section 1.24.030 of this chapter prohibits the city from spending
more than $1 million to improve real property without first receiving authorization from
Carlsbad voters. On July 19, 2005, the City Council amended its guidelines interpreting
Proposition H. Part of the amended guidelines featured a new interpretation of municipal code
Section 1.24.020(3) as follows:
“‘Improvement to Real Property’ shall not include replacement, repair,
maintenance, routine refurbishment or upgrades of existing facilities as
they are considered to be routine ongoing capital expenditures necessary
to carry out the normal and routine business of the city.”
Staff consulted with the City Attorney’s Office on whether WLC’s proposed additional
renovation work for Fire Station No. 4 was consistent with the Proposition H exemption quoted
May 4, 2021 Item #2 Page 2 of 13
above, given that it further expanded the size of the station to include the new day room and
gym. Based on the preliminary design for the additional renovation work described above,
staff’s assessment is that WLC’s proposed renovation work meets the intent of CMC Section
1.24.020(3) and is “necessary to carry out the normal and routine business of the city.” WLC’s
proposed renovations do not result in an appreciable increase in new or existing services
because Section 6-8 of the city’s General Plan explains that “[i]ncreased service demands,
changes in staffing, and the increasing size of fire apparatus require considerations for
increasing the size and capabilities” of the city’s fire stations. Accordingly, the city can
substantiate the expense of more than $1 million in city funds on the project without
submitting the matter to Carlsbad voters.
If the City Council agrees with staff’s Proposition H assessment, staff will work with WLC in the
execution of Amendment No. 4. and will later add a finding of exception from Proposition H in
the City Council resolution approving the project’s plans and specifications and authorizing the
advertisement of the project for public bids.
If the City Council disagrees with staff’s assessment, staff will suspend execution of WLC’s
design services agreement, including Amendment No. 4, and will coordinate preparation of a
ballot measure regarding the project for an upcoming election.
The City Clerk’s Office provided staff options for submitting this renovation work to the voters.
Specifically, the clerk’s office provided several upcoming election dates and associated costs
with four upcoming elections in the table below, which is in addition to the total costs for the
project detailed in this staff report.
Proposition H ballot measure for the project – election options
Election type Projected date Estimated cost
Special Aug. 31, 2021 $1.2M – 1.6M
Special Nov. 2, 2021 $1.2M – 1.6M
Primary June 7, 2022 $55K - 85K
General Nov. 8, 2022 $60K - 90K
Options
Staff provides the following options for the City Council’s consideration:
1. Adopt a resolution authorizing execution of Amendment No. 4 to the agreement with
WLC Architects, Inc. to provide additional design services in an amount not to exceed
$155,000 and to extend the agreement term by two years for the Fire Station No. 4
Addition, Capital Improvement Program Project No. 4740
Pros
• Staff has been working with WLC for over two years on this project and has
collaborated with the Planning Division and the City Attorney’s Office for
guidance
• The City Council has considered staff’s recommendation and concurs with their
finding that this work scope is exempt from Proposition H requirements
• Authorization of the amendment complies with applicable municipal code
sections
May 4, 2021 Item #2 Page 3 of 13
• Authorization of the amendment allows for the project design to move forward
so the renovation work can start as soon as possible
• Sufficient funding is available for the amendment
Cons
• None identified
2. Do not adopt a resolution authorizing execution of Amendment No. 4 to the agreement
with WLC Architects, Inc. and request staff to reduce the scope of the project and to
return to the City Council at a future date
Pros
• None identified
Cons
• Delays and/or defers necessary upgrades to the station
• The existing station layout is currently deficient in its use of available space and
planned renovation work would be the focus of a future design amendment or
project
3. Cancel further design work on the project (This design work was approved by City
Council on Sept. 11, 2018, with Resolution No. 2018-166)
Pros
• None identified
Cons
• Prevents the timely creation of space for ambulance and staff to provide a full
range of emergency response services in the southwest quadrant of the city.
• Allows for further degradation of existing finishes at the station
• Potential increase in construction costs if the city decides to design and
construct the needed space at a later date
4. Cancel further design work on the project and prepare for a ballot measure for the
primary election on June 7, 2022, to determine public interest in spending more than $1
million in city funds for this project
Pros
• None identified.
Cons
• Adds administrative costs to the project related to the ballot measure.
• Further prevents the timely creation of space for ambulance and staff to provide
a full range of emergency response services in the southwest quadrant of the
city.
• Allows for further degradation of existing finishes at the station.
• Potential increase in construction costs if the city decides to design and
construct the needed space at a later date.
Staff recommends Option 1 for City Council approval, adopting a resolution authorizing
execution of Amendment No. 4 to the agreement with WLC Architects, Inc. to provide
additional design services and to extend the agreement term by two years in an amount not to
exceed $155,000 for the project.
May 4, 2021 Item #2 Page 4 of 13
Fiscal Analysis
Amendment No. 4 to the agreement with WLC is in an amount not to exceed $155,000.
Sufficient infrastructure replacement funding has been appropriated for this project as shown
in the table below:
Fire Station No. 4 Addition, Capital Improvement Program Project No. 4740
Total appropriation to date $5,335,000
Total expenditures/encumbrances to date $265,130
TOTAL AVAILABLE FUNDING $5,069,870
Additional project costs
Amendment No. 4 with WLC Architects $155,000
REMAINING BALANCE AFTER AMENDMENT NO. 4 $4,914,870
ADDITIONAL APPROPRIATION NEEDED $0
Next Steps
Upon City Council approval, staff will process Amendment No. 4 to the agreement with WLC for
additional design services for the project and to extend the agreement term by two years.
Once the design work has been completed and permitted by the city, staff plans to return to
City Council in fall 2021 to request approval of the plans and specifications and authorization to
solicit bids for the project.
Environmental Evaluation (CEQA)
The project is exempt from the California Environmental Quality Act under CEQA Guidelines
Article 19, Section 15332, In-Fill Development Projects, Class 32, in that: “(a) the project is
consistent with the applicable general plan designation and all applicable general plan policies
as well as with applicable zoning designation and regulations; (b) the proposed development
occurs within city limits on a project site of no more than five acres substantially surrounded by
urban uses; (c) the project site has no value, as habitat for endangered, rare or threatened
species; (d) approval of the project would not result in any significant effects relating to traffic,
noise, air quality, or water quality; and (e) the site can be adequately served by all required
utilities and public services.”
Public Notification and Outreach
Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. City Council resolution
2. Location map
May 4, 2021 Item #2 Page 5 of 13
EXHIBIT 1
RESOLUTION NO. .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING EXECUTION OF AMENDMENT NO. 4 TO THE
AGREEMENT WITH WLC ARCHITECTS, INC. TO AMEND THE AGREEMENT IN
AN AMOUNT NOT TO EXCEED $155,000 AND EXTEND THE TERM BY TWO
YEARS FOR ADDITIONAL DESIGN SERVICES FOR THE FIRE STATION NO. 4
ADDITION, CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 4740
WHEREAS, on Sept. 11, 2018, City Council adopted Resolution No. 2018-166 authorizing an
Agreement in the amount of $225,920 with WLC Architects, Inc. (WLC) to provide design services for
the Fire Station No. 4 Addition, CIP Project No. 4740 (Project); and
WHEREAS, on May 13, 2019, the city entered into Amendment No. 1 to the Agreement with
WLC to revise the scope and fee of the Agreement for an additional $10,649; and
WHEREAS, on Feb. 6, 2020, the city entered into Amendment No. 2 to the Agreement with WLC
to include an 18-month extension to Oct. 4, 2021; and
WHEREAS, on March 2, 2020, the city entered into Amendment No. 3 to the Agreement with
WLC to revise the scope and fee of the Agreement for an additional $15,900; and
WHEREAS, the city has requested WLC incorporate additional design work into the scope of the
Project; and
WHEREAS, WLC has tendered a proposal for additional design services to incorporate additional
building renovation and to comply with current stormwater treatment and control regulations in an
amount not to exceed $155,000 and to extend the agreement term by two years to Oct. 4, 2023; and
WHEREAS, sufficient funding is available; and
WHEREAS, the city planner has considered the potential environmental effects of the
Agreement and determined that the Project is categorically exempt from environmental review
pursuant to Article 19, Section 15332, In-Fill Development Projects Class 32 in that: (a) the project is
consistent with the applicable general plan designation and all applicable general plan policies as well
as with applicable zoning designation and regulations; (b) the proposed development occurs within
city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) the
project site has no value, as habitat for endangered, rare or threatened species; (d) approval of the
project would not result in any significant effects relating to traffic, noise, air quality, or water quality;
May 4, 2021 Item #2 Page 6 of 13
EXHIBIT 1
and (e) the site can be adequately served by all required utilities and public services, and that no
exception to the exemption, as set forth in CEQA Guidelines section 15300.2 applies.
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 the proposal submitted by WLC in an amount not to exceed $155,000 and to extend
the agreement term by two years for additional design services for the Project is hereby
accepted.
3. That Amendment No. 4 to the professional services agreement with WLC for the Fire
Station No. 4 Addition, CIP Project No. 4740, is hereby approved and the mayor is hereby
authorized and directed to execute the Amendment attached hereto as Attachment A.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the __ day of ________, 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
_________________________
MATT HALL, Mayor
_________________________
BARBARA ENGLESON, City Clerk
(SEAL)
May 4, 2021 Item #2 Page 7 of 13
PSA19-509TRAN
City Attorney Approved Version 9/27/161
AMENDMENT NO. 4 TO AMEND THE AGREEMENT FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR FIRE STATION NO. 4 ADDITION WLC ARCHITECTS, INC.
This Amendment No. 4 is entered into and effective as of the ______ day of ______________________________, 2021, amending the agreement dated September 12, 2018 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"),
and WLC Architects, Inc., (“Contractor") (collectively, the “Parties”) for architectural and engineering design services for Fire Station No. 4 Addition.
RECITALS
A.On May 13, 2019, the Parties executed Amendment No. 1 to the Agreement to adda scope of work for environmental studies; and
B.On February 6, 2020, the Parties executed Amendment No. 2 to the Agreement tocorrect the city signatory name on the Agreement and to extend the Agreement term for eighteen (18) months; and
C.On March 2, 2020, the Parties executed Amendment No. 3 to the Agreement toadd a scope of work for landscape architectural services; and
D.The Parties desire to alter the Agreement’s scope of work to include morecomprehensive architectural and civil engineering design services, and to extend the agreement
term for two (2) years; and
E.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 and B", 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 amendedfrom time to time, Contractor will provide those services described in Exhibit "A and B". With thisAmendment, the total annual Agreement amount shall not exceed four hundred seven thousandfour hundred sixty-nine dollars ($407,469).
2.City will pay Contractor for all work associated with those services described inExhibit “A and B” on a time and materials basis not-to-exceed one hundred fifty-five thousand dollars ($155,000). 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 and B” by October 4, 2023.
4.All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
DocuSign Envelope ID: 4E814092-3ECC-470F-9B59-BAA36E47E2C1
Attachment A
May 4, 2021 Item #2 Page 8 of 13
PSA19-509TRAN
City Attorney Approved Version 9/27/16 2
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. 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 WCL ARCHITECTS, INC. a California corporation
CITY OF CARLSBAD, a municipal corporation of the State of California
By: By:
(sign here) Matt Hall, Mayor
James P. DiCamillo, President
(print name/title)
ATTEST:
By:
(sign here) for Barbara Engleson, City Clerk
Kelley Needham, Secretary & CFO
(print name/title)
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,
President, or Vice-President
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: CELIA A. BREWER, City Attorney
BY: _____________________________ Assistant City Attorney
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May 4, 2021 Item #2 Page 9 of 13
PSA19-509TRAN
City Attorney Approved Version 6/12/18 3
EXHIBIT “A” SCOPE OF SERVICES AND FEE Itemized List of what Contractor will do for City and at what price. Prices noted are not-to-exceed
amounts. All work will be billed on a time and material basis in accordance with the rate sheets attached as Exhibit “B”. 1. Architectural $96,000 Design services for renovation of interior spaces at fire station to create new day room and gym, and make more efficient use of kitchen, dining area, workshop and
front entrance. Additional design services are inclusive of architectural drawings, construction documents, bidding assistance and construction administration. 2. Topographical survey map supplementary information $3,000 Supplement the completed surface topography survey map by dipping storm drain and sanitary sewer manholes and catch basins in the field. Research and obtain record/as-built drawings for wet and dry utility, and storm drain improvements. Draft the findings onto the completed surface topography survey map information
is required to prepare the proposed utility and storm drain improvements. 3. Preparation of Storm Water Quality Management Plan $11,000
Prepare a City required preliminary and final Storm Water Quality Management Plan (SWQMP) report and plans addressing how to treat the post-construction stormwater runoff with surface designed BMPs per City standard requirements
before it leaves the site. The site is not expected to have adequate soil infiltration. 4. Hydromodification design work $7,000
Prepare a Hydromodification study with hydrology and storm drainpipe storage Hydraulic calculations report to address that the property is in a hydromodification area. Prepare a drainage management area exhibit, a hydromodification exhibit,
and a maintenance plan. 5. Preparation of Storm Water Pollution & Prevention Plan $3,000
Prepare a construction SWPPP notebook and NOI in order to obtain a WDID number. This may be required by the City even though the disturbed area is less than one acre in size. 6. SWPPP revisions as necessary during construction $2,000 Provide QSD services to revise the SWPPP during construction. QSP services will be provided by the contractor as it entails weekly inspections of the construction site by a licensed independent QSP.
7. Storm water plan revision and coordination $8,000 Prepare revisions to the City approved underground improvement plans for the
new fire, sanitary sewer, and storm drain services to be reviewed and approved by the City. Provide coordination services. Attend up to a maximum of 2 meetings during the design phase at the City.
8. Construction Administration Services $25,000 Construction administration services through the construction phase of the project.
Design drawings to include a site demolition plan, grading and drainage plan,
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PSA19-509TRAN
City Attorney Approved Version 6/12/18 4
composite utility and storm drain plan, separate fire line plan, detail sheets, and an erosion control plan. Drawings will be plan checked and approved by reviewing
governing agencies including but not limited to the Fire Department and the City of Carlsbad. A maximum of 2 meetings during the design plus 2 meetings during construction are included in this proposal fee. Construction services include
answering contractor RFIs and submittals, and a final job walk with a punch list. Provide a set of As-built drawings to the City from contractor’s notes and RFIs. TOTAL NOT-TO-EXCEED FEE $155,000 (Not-to-exceed fee inclusive of reimbursables. Categories to be billed against on monthly basis as costs are incurred)
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May 4, 2021 Item #2 Page 11 of 13
HOURLY RATE SCHEDULE
For additional services, the following hourly rates are proposed for the basis of negotiating scope
modifications which may be necessary for the project. Hourly rates include mark-up that will be applied
to all fees. Reimbursable costs for reprographic services, computer plotting, and printing will be negotiated
at the time additional services are requested.
CIVIL ENGINEER
Principal Civil Engineer $150.00
Principal Land Surveyor $150.00
Project Engineer $120.00
Project Manager $105.00
Engineering Design $105.00
Design Draftsman $100.00
Draftsman $ 95.00
Technical Support $ 80.00
ARCHITECT
Principals of Firm $240.00
Associate/Director/Coordinator $210.00
Senior Project Architect/Manager $190.00
Project Architect/Manager $160.00
Design Studio $110.00
Clerical $ 90.00
STRUCTURAL ENGINEER
Principal Engineer $175.00
Project Engineer $150.00
Chief Draftsman $110.00
Draftsman $ 90.00
Technical Support $ 75.00
ELECTRICAL ENGINEER
Principal $175.00
Project Manager $135.00
Project Engineer $125.00
Design Engineer $ 95.00
Designer/CADD Technician $ 90.00
Jr. Designer/CADD Technician $ 80.00
CADD Technical/Drafter $ 70.00
Technical Support $ 50.00
MECHANICAL ENGINEER
Principal $225.00
Associate Principal $205.00
Senior Project Manager $195.00
Project Manager $185.00
Senior Project Engineer $170.00
Project Engineer $150.00
Senior Design Engineer $135.00
Design Engineer $125.00
Senior Designer $115.00
Designer $105.00
CAD Designer $100.00
CAD Technician $ 80.00
Administrative $ 75.00
Word Processor $ 65.00
EXHIBIT "B"PSA19-509TRAN
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