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Home My WebLink About2018-06-26; City Council; Resolution 2018-117RESOLUTION NO. 2018-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AWARDING A CONSTRUCTION CONTRACT TO LOS ANGELES ENGINEERING, INC., IN AN AMOUNT NOT TO EXCEED $6,766,000, APPROPRIATING $939,475 IN ADDITIONAL FUNDS, AND AUTHORIZING EXECUTION OF AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH SCHMIDT DESIGN GROUP FOR A TWO-YEAR TERM EXTENSION, ALL FOR THE AVIARA COMMUNITY PARK -PH. II AND POINSETTIA COMMUNITY PARK -PH. Ill CONSTRUCTION PROJECTS (CIP NOS. 4604 AND 4605) Exhibit 1 WHEREAS, the Aviara Community Park -Phase II Construction Project and the Poinsettia Community Park -Phase Ill Construction Project were designed together by Schmidt Design Group and intended to be bid as one unit to achieve site efficiencies and cost savings; and WHEREAS, on Sept. 12, 2017, the City Council approved staff's recommendations to change the proposed location of the dog park at Poinsettia Community Park and reject all bids received for the Aviara Community Park -Phase II and Poinsettia Community Park -Phase Ill Construction Projects (Resolution No. 2017-185); and WHEREAS, on February 13, 2018, the City Council approved the revised plans, specifications and contract documents for the Aviara Community Park -Phase II and Poinsettia Community Park -Phase Ill Construction Projects, and authorized the City Clerk to advertise the projects for public bids (Resolution No. 2018-020); and WHEREAS, on March 9, 2018, the projects were advertised for bids and on April 24, 2018, eleven bids were received for the projects; and WHEREAS, the first two apparent low bids received included errors that are not waivable because they would allow the bidders to withdraw their bids without forfeiting the bid security under Public Contract Code section 5103, and would therefore confer competitive advantages to those bidders, making those bids non-responsive; and June 26, 2018 Item #15 Page 7 of 21 WHEREAS, the third apparent low bid from Los Angeles Engineering, Inc. included minor irregularities because incorrect California State Licensing Board license numbers were provided for two subcontractors and an incorrect California Department of Industrial Relations registration number was provided for one subcontractor, and staff was able to verify the correct license and registration numbers from the state's website; and WHEREAS, staff recommends that City Council waive the minor irregularities in the third apparent low bid and award a contract for the Aviara Community Park -Ph. II and Poinsettia Community Park -Ph. Ill Construction Projects to Los Angeles Engineering, Inc., in an amount not to exceed $6,766,000; and WHEREAS, staff recommends that the City Council appropriate $939,475 in additional funds to address construction related costs/contingency, and requisite one-percent allocation for public art; and WHEREAS, on July 14, 2015, City Council authorized execution of an agreement with Schmidt Design Group for design services for the Aviara and Poinsettia Community Parks Master Plan implementation for a term ending on July 14, 2018, in an amount not to exceed $425,109 (Resolution No. 2015-189); and WHEREAS, the agreement with Schmidt Design group was amended twice to include additional services, with Amendment No. 1 executed on July 26, 2016 not to exceed $10,650.75, and Amendment No. 2 executed on Nov. 9, 2017 not to exceed $26,185; and WHEREAS, staff recommends that City Council authorize the execution of Amendment No. 3 to the agreement with Schmidt Design Group for a two-year term extension to allow for completion of the services in Task D -Construction Administration and Management Phase -of the agreement, at no additional cost. June 26, 2018 Item #15 Page 8 of 21 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 City Council waives the minor irregularities in bid from Los Angeles Engineering, Inc. under Carlsbad Municipal Code section 3.28.080{G)(3). 3. That the Mayor is authorized and directed to execute a contract with Los Angeles Engineering, Inc., for the Aviara Community Park-Ph. II and Poinsettia Community Park -Ph. Ill Construction Projects in accordance with the contract, plans, and specifications referred to herein, in an amount not to exceed $6,766,000. 4. That the City Manager or designee is hereby authorized to approve construction change orders, singly or in aggregate, up to $676,600. 5. That the award of this contract is contingent upon Los Angeles Engineering, Inc. executing the required contract and submitting the required bonds and insurance policies, as described in the contract, within 20 working days of adoption of this resolution. The City Manager may grant reasonable extensions of time. 6. That the Administrative Services Director is hereby authorized and directed to appropriate additional funds from the Public Facilities Fund, in the amount of $939,475, to the Poinsettia Community Park -Ph. Ill Construction Project Budget (CIP No. 4605). 7. That the Mayor is hereby authorized and directed to execute an amendment to the professional services agreement with Schmidt Design Group for a two-year term extension, which is attached hereto as Attachment A. June 26, 2018 Item #15 Page 9 of 21 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of June, 2018, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. None. "'~~~ ~ARBARA ENGLESON, City Clerk {SEAL) June 26, 2018 Item #15 Page 10 of 21 ATTACHMENT A AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES FOR THE AVIARA AND POINSETTIA COMMUNITY PARKS MASTER PLAN IMPLEMENTATION (CIP Project Nos. 4604 and 4605) Schmidt Design Group, Inc. This Amendment No. 3 is entered into and effective as of the d /..pif1 day of '3:, ,L0:52,,,. , 2oa,amending the agreement dated July 15, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Schmidt Design Group, Inc. ("Contractor") (collectively, the "Parties") for preparation and coordination of construction documents for the Aviara and Poinsettia Community Parks Master Plan Implementation Projects. RECITALS A. On July 15, 2015, the Parties executed a Professional Services Agreement for the Aviara and Poinsettia Community Parks Master Plan Implementation Projects; and B. On July 26, 2016, the Parties executed Amendment No. 1 to the Agreement to include additional services for redesign of the playground and preparation of a stockpile plan located at the multi-sports arena for the Poinsettia Community Park project, and potholing for the Aviara Community Park project; and C. On November 9, 2017, the Parties executed Amendment No. 2 to the Agreement to include additional services related to removing the dog park from the Poinsettia Community Park project scope; and D. The Parties desire to extend the Agreement for a period of two-years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of two-years ending on July 15, 2020. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. 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. II II II II City Attorney Approved Version 9/27 /16 June 26, 2018 Item #15 Page 11 of 21 4. 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 €1&t gMi'j!f //?es,~/- (print na'4ie/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: 'al/ d_ /1,/ MATTttl! ~ Mayor ATTEST: lklVlli¼f. J7l 121~1. BARBARA ENGLESON (r-- '--"+-'--L..l.--'-=-===----=---:--"----'-~""'+--+---==-..,_--=--'-----'1 City Clerk 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: CELIA A. BREWER, City Attorney BY:_~.___ ____ _ ~t City Attorney City Attorney Approved Version 9/27/16 2 June 26, 2018 Item #15 Page 12 of 21