HomeMy WebLinkAbout2018-07-24; City Council; Resolution 2018-141RESOLUTION NO. 2018-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, RATIFYING AMENDMENT NO. 2 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH PACIFIC ARCHITECTURE & ENGINEERING, INC.
TO EXTEND THE TERM OF THE AGREEMENT FOR THE FARADAY CENTER
REFURBISHMENT, PROJECT NO. 4720.
EXHIBIT 1
WHEREAS, the City Council of the City of Carlsbad, California has determined that it is in the
best financial interest of the city to maintain city building conditions and infrastructure; and
WHEREAS, on June 17, 2017, staff executed a Professional Services Agreement (Agreement)
with Pacific Architecture & Engineering, Inc. (PAE) for an amount not to exceed $97,941 to provide
design and construction administration services for the Faraday Center Refurbishment, Project No.
4720 (Project); and
WHEREAS, on March 13, 2018, City Council authorized Amendment No. 1 to the Agreement
with PAE to expand the scope of work and increase the maximum compensation by $15,293, by
adoption of Resolution No. 2018-035; and
WHEREAS, neither the Agreement nor Amendment No. 1 included authorization for the city
manager or designee to extend the Agreement; and
WHEREAS, the Agreement expired on June 17, 2018, but the design and construction
administration services have not been completed; and
WHEREAS, the parties have agreed to a no-cost time extension of 18 months for the scope of
work to be completed.
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 City Council authorizes and directs the mayor to execute the ratification of
Amendment No. 2 to the Agreement with PAE, which is attached hereto as
Attachment A.
July 24, 2018 Item #8 Page 3 of 10
EXHIBIT 1
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 24th day of :!..l!!Y, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
(SEAL)
July 24, 2018 Item #8 Page 4 of 10
RATIFICATION OF AMENDMENT NO. 2 TO EXTEND AGREEMENT FOR
FARADAY CENTER ROOF AND HVAC REPLACMENT SERVICES
PACIFIC ARCHITECTURE & ENGINEERING
GS1563
This Ratification of Amendment No. 2 is entered into and effective as of the £ day
of __ __.__.,_....,,..,<-:.,4;-------' 2018, but effective as of the 21 st day of June 2018,
extending the agr ment dated June 21, 2017, (the "Agreement") by and between the City of
Carlsbad, a municipal corporation, ("City"), and Pacific Architecture & Engineering, a California
corporation, ("Contractor'') (collectively, the "Parties") for continuation of services due to delays in
completing design work in preparation for construction.
RECITALS
A. On March 13, 2018, the Parties executed Amendment No. 1 to the Agreement to
alter the scope of work to include structural calculations and reinforcement design for HVAC units
and increase the compensation to an amount not to exceed $113,234; and
B. The Agreement, as amended from time to time, expired on June 21, 2018 and
Contractor continued to work on the services specified therein without the benefit of an
agreement; and
C. The Parties desire to extend the Agreement for a period of eighteen (18) months;
and
D. The Parties have agreed to a no-cost time-only extension for Amendment No. 2 to
complete the scope of services.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The retroactive extension of the Agreement is ratified.
2. That the Agreement, as may have been amended from time to time, is hereby
extended for a period of eighteen (18) months ending on November 21, 2019.
3. That the City Manager may amend this Agreement to extend it for an additional
one (1) year period or any parts thereof. Extensions will be based on a satisfactory review of
Contractor's performance, City needs, and appropriation of funds by the City Council. The parties
will prepare a written amendment indicating the effective date and length of the extended
Agreement.
4. That the Contractor has provided some of those services described in Exhibit "A"
of the original Agreement, as may have been amended from time to time. With this Amendment
No. 2, the total Agreement amount shall remain unchanged and not exceed one hundred thirteen
thousand, two hundred thirty-four dollars ($113,234).
5. City will pay Contractor for all work associated with those Services described in
City Attorney Approved Version 1 /30/13
July 24, 2018 Item #8 Page 5 of 10
I ATTACHMENT A I GS1563
Exhibit "A" on a time and, materials basis not to exceed one hundred thirteen thousand, two
hundred thirty-four dollars ($113,234). 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. No other compensation for the Services will be allowed except for the
items covered by subsequent amendments to thi~ Agreement. If the City elects to extend the
Agreement, the amount shall not exceed $35,000 per Agreement year.
6. Contractor will complete all work described in Exhibit "A" by November 21, 2019.
7. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
8. 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.
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City Attorney Approved Version 1/30/13
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July 24, 2018 Item #8 Page 6 of 10
GS1563
9. 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
PACIFIC ARCHITECTURE & :;~N: a California corporation
~'f.re)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
Matt Hall, Mayor
J vt--4, r<A'"J\TA HA-vt-. / rF:t;;"U?eH\
(print name/title)/
ATTEST:
By:
sign here)
f: t..l1\7p.. H: A,\.,'--/ Cf:t>
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: Qk~
Deputy City Attorney
City Attorney Approved Version 1/30/13
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I ATTACHMENT A I GS1563
EXHIBIT ''A'' . . ..
SCOPE OF SERVICES
Task 1: Preconstruction Services
· Task 1.1 As,..built Cbnd1tions Evaluation
Review as;_buiit.documentatipn and·existing drawings and physically inspect the condition of the
building, to understariq the current condition of the structure, roof and HVAC systems.
Task 1.2 . Proied Bid Documents
Devefop te:chhical specifications and constrµcfion drawings, folfowing the completion of a design
development process that is based on the building evaluation in Task 1.1 above, s1te inspection
work and user group input.
Construction drawings shal.1 be submitted to the City for review at 75%, 90%, arid 100%
completion levels, The drawihg.s shaII be submitted electronically in PDF format for initial r~view
by City PrqJect Manager, Once approved, two {2) copies shc:1U be submitted on 24"x36'' ("D'' size)
paper using the City'$ title block standards, one ofwhich wR! be. sent out by the City for third party
plan check review. Once drawings are approved by City and third party plan check reviewer, a
final version; signed on each page by design professfonal, shall be submitted electronfoally in
PDF format; · ·
The Gitywill deveiop and submit thE! "front end" (e.g~. ltivitationto: Bid; Generai Provisions) of the
bid qocument packag'e to th~ Constdtant for revlew ahd cpmm~nt. Techniccd specifi.ca.~itiri
sections in CSI format shall be prepared by COh$Ultant and submitted with 90% and 100%
drawing sµbmittals. AU specification subrnittc,lls shaH be made electronically in Microsoft Word
format, the most curtenhietsion held by the City .
. Task 1.3 .ProbableConstructionCost Estimate
Develop ~n estimate of probable construction cost and ld$ntify any recommended refin~ments
or modH'icatlons that can be incorporated into the. final bid document$ to ensure that the project
can be constr'Licted wl:thin the established budget. Provide this .cost esfimate With the 75% and
90% construction drawing submission. Prior to finai approvai: of bid documents; update the cost
estimate to reflect any changes in co,st re$Olting from de$ig11; material .or quantity change
decisions by the City. · ·
Task 1.4 Bidding Phase ,
Provide pre .. consfruction management and \administration support services during the project
bidding phase., whk:h includes, but is not limited to, pr~bid meeting attendance with dty's
Municipal Project Manager; answering questions from bidders as necessary and preparing
· resppnses for addenda, and evaluation of contractor bids.
Task 2: Constr·uctfon Services
Task 2;1. ContractAdniihistrallon
The 06i1sultanf shall be responsible for timely. review .and ret1Jtli of submittal$, shop drawings,
Requests for lnfonnatlon (RFl's), Architect's Supplemental Instructions (ASl}, and shalf make
periodiq site visits d.uring to the cour$e of the workto note p.rogre~i bf the work,
4 July 24, 2018 Item #8 Page 8 of 10
I ATTACHMENT A I GS1563
Task 2.2 . Contractor's Claims arid Change Orders -.
Assist the City's Munjcipc\l Projects Manager With negotiating all ch}ims to aJ1 agr~ed
contractor/coniwltantlcity co:ncluston. Prepare written Justification E:Jhd cci$t estimates for each
change order. Prepare design moditicatibns or clarificafionsi including revisions to the drawings,
detaiis; and specir/cations Eis may be necessary for any daiins, extra work or change orders.
provide support to the city in resolving clairns and disputes .. This shall include: written responses
to Contractors and pr(vate parfies1 gJving depositions, asiistlng with arbltn;tt1qn and Htigationl
serving as an expert witness,. investigating claims for damages by private sources, design
services. for replaqetnent of clamaged work, and servic~s made necel5sary by Contractor default.
Task3: ProjectCloseout ..
Prepare a de.tailed ·project punch list when the construttlon work has been substantially·
corhpleted. Upon correqUon of defidehcies; st:h~dule1 cootc;lihafo, altd conduct a fiha[ Walk-
throµgh prior to the acceptance of work with the city. Rewf$w and certify thatthe contractor's
proJect as,-built drawings are complete and accurafo:·
July 24, 2018 Item #8 Page 9 of 10