The URL can be used to link to this page

Home My WebLink About2008-02-19; Public Financing Authority; 35; Approve Amendment No. 2 to Agreement for Engineering, Construction Management and Inspection Services on the Crossings at Carlsbad Golf Course Project 3972CARLSBAD PUBLIC FINANCING AUTHORITY - AGENDA BILL AB# MTG. DEPT. 35 2/19/08 ENG APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR ENGINEERING, CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ON THE CROSSINGS AT CARLSBAD GOLF COURSE, PROJECT NO. 3972 DEPT. HEAdp/f^Q CITYATTY. X^^- CITY MGR. RECOMMENDED ACTION: It is recommended the Board of Directors of the Carlsbad Public Financing Authority ADOPT RESOLUTION NO. 44 approving Amendment No. 2 to the agreement with Dudek and Associates, Inc. for engineering, construction management and inspection services on The Crossings at Carlsbad Golf Course, Project No. 3972. ITEM EXPLANATION: The CPFA Board previously approved an agreement with Dudek and Associates, Inc. (Dudek) to provide engineering, construction management and inspection on The Crossings at Carlsbad Golf Course. City staff has requested Dudek provide additional services not covered in the original agreement. These services are a result in part because of the on-going P&D Litigation, as-built preparation, construction completion delays, and design changes. At the start of construction, Dudek contracted with several design consultants that were originally under contract with P&D. The contract amendment provides for the scope changes in Dudek's contract and for their sub-consultants to complete the construction phase of their contracts in support of projects 39721-1, 39721-2, and 39721-3. ENVIRONMENTAL IMPACT: The City Council certified the Environmental Impact Report for the Carlsbad City Golf Course Project in 1999 finding the project in conformance with the California Environmental Quality Act and the environmental policies and regulations of the City of Carlsbad. FISCAL IMPACT: The cost shown in the table below is included in the construction budget; therefore no additional appropriations are required. Original Agreement Amount Amendment No. 1 Amendment No. 2 Revised Agreement Amount $1,500,000 $1,070,000 $ 400,000 $2,970,000 EXHIBITS: 1. Resolution No.44 approving Amendment No. 2 to the agreement with Dudek and Associates, Inc. for engineering, construction management and inspection services on The Crossings at Carlsbad Golf Course, Project No. 3972. 2. Amendment No. 2 to the agreement with Dudek and Associates, Inc. for engineering, construction management and inspection services on The Crossings at Carlsbad Golf Course, Project No. 3972. DEPARTMENT CONTACT: Pat Vaughan 760-602-2780 x7321 pvaug@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. BOARD ACTION: APPROVED DENIED CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Exh'.bi4 I 1 RESOLUTION NO. 44 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE 3 CARLSBAD PUBLIC FINANCING AUTHORITY APPROVING AMENDMENT NO. 2 TO THE AGREEMENT WITH DUDEK AND 4 ASSOCIATES, INC. FOR ENGINEERING, CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ON THE 5 CROSSINGS AT CARLSBAD GOLF COURSE, PROJECT NO. 3972. 6 WHEREAS the Carlsbad Public Financing Authority, hereafter the CPFA, approved an agreement with Dudek and Associates, Inc. on October 17, 2005 for engineering, construction 8 management and inspection services on The Crossings at Carlsbad Golf Course; and 9 WHEREAS, the CPFA approved Amendment No. 1 to the agreement to increase the 10 scope of work and the agreement amount by $1,070,000; and 11' WHEREAS, the CPFA finds it necessary and in the public's best interest to amend the 12 Agreement and increase it an additional $400,000. 13 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad 14 Public Financing Authority of the City of Carlsbad, California, as follows: 15 1. That the above recitations are true and correct. 16 2. That Amendment No. 2 to Agreement for Engineering, Construction Management 17 and Inspection Services on The Crossings at Carlsbad Golf Course, Project Nos. 39721-1, 39721-2 .. and 39721-3 is hereby approved and the Executive Officer is authorized and directed to executelo said Amendment.19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 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 Special Meeting of the Carlsbad Public Financing Authority held on the 19th day of February, 2008, by the following vote to wit: AYES: Board Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. DDE ALEWIsTxfnairman of the Board ATTEST: , Secretary vj AMENDMENT NO. 2 TO AGREEMENT FOR ENGINEERING* CONSTRUCTION MANAGEMENT, AND INSPECTION SERVICES ON THE CARLSBAD MUNICIPAL GOLF COURSE, PROJECT NOS. 39721-1, 39721-2 AND 39721-3 (DUDEK & ASSOCIATES, INC.) , -. This Amendment No. 2 is entered into and effective as of the ^9^1^ day of ^>AJLA>iugcx^v 200_£_, amending the agreement dated October 17, 2005 (the "Agreement") by^nd between the CARLSBAD PUBLIC FINANCING AUTHORITY, a joint powers authority, ("CPFA"), and DUDEK & ASSOCIATES, INC. a California Corporation, ("Contractor") (collectively, the "Parties") for engineering, construction management, and inspection services on the Carlsbad Municipal Golf Course. RECITALS A. On November 22, 2006, the Parties executed Amendment No. 1 to the Agreement to alter the Agreement's scope of work to increase the allowable agreement amount by $1 ,070,000 for a total Agreement amount of $2,570,000; and B. The Parties desire to alter the Agreement's scope of work to increase the allowable agreement amount by an additional $400,000 for a total Agreement amount of $2,970,000; and C. 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", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CPFA 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. CPFA will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed two million nine hundred seventy thousand dollars ($2,970,000). Contractor will provide CPFA, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by CPFA. 3. Contractor will complete all work described in Exhibit "A" by October 17, 2008. 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 this Amendment. CONTRACTOR *By: *Bv: Sifffigfe)' Dudek Frank Dudek -r-^i »•» x Prgs'd*nt(print name/title) •\ (e-mail address) (sign rjfljfffc Collin: Secretary t—(print na A (e-mail address) CARLSBAD PUBLIC FINANCING AUTHORITY, a joint powers authority ATTB M. ettjryto the Board If required by CPFA, 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:__ Deputy City Attorney, AMENDMENT NO. 2 TO AGREEMENT FOR ENGINEERING, CONSTRUCTION MANAGEMENT, AND INSPECTION SERVICES ON THE CARLSBAD MUNICIPAL GOLF COURSE, PROJECT NOS. 39721-1, 39721-2 AND 39721-3 (DUDEK & ASSOCIATES, INC.) City Attorney Approved Version #05.22.01 ENGINEERING + ENVIRONMENTAL EXHIBIT A Construction Management, Suite 202, (760) 744-4570 Fax Enwronmentaf Sciences San Marcos, CA 92078 D M . —^ _• • m 1646 S. Rancho Santa Fe Rd, I I IJ H K c • • A (760) 744-4578V/ ••/ III. IV Engineering, and s jt M2 v ' Memo To: Pat Vaughn/Skip Hammann From: George Litzinger Date: October 29, 2007 - Revised on 1/29/08 to take out Plane Crash #2/July 2008 Subject: Golf Course Project CM/Inspection Services Attached is a spreadsheet showing the various catagories where our consulting services were spent, along with an "Estimate to Complete" for our services to final the Golf Course Project. The majority of our additional services are to pay the numerous subconsultants we added to our contract at the request of the City to cover work that would have been done by P&D's consultants. Other additional services are attributable to providing support for the on-going P&D Litigation, as-built preparation, as well ass the additional overflow parking lot and perimeter landscaping design and construction. The last Amendment to our contract was over a year ago (November 2006) and since then several things have changed that made us run over our contract amount. A detailed list of additional consultant costs are as follows: 1. Additional Mitigation/Monitoring of reveg areas $90,162.00 2. Plane Crash #1 - January 2006 $16,000.00 3. P&D Litigation Support $20,000.00 4. Light Bollard Design $20,000.00 5. Land Development for Final Map $30,000.00 6. Additional Landscaping KTU+A $25,000.00 7. As-Built/Redline Preparation $40,000.00 8. Overflow Parking Lot Design/Construct $25,000.00 9. Perimeter Grading of R.O.W. $15,000.00 10. Additional CM & Inspection to complete the Clubhouse $77,544.00 11. Additional as-needed services for project close-out $40.000.00 $398,706.00 As a result we are requesting our current contract amendment be increased from $2,570,000 to $2,970,000, a total amount of $400,000. If you have any questions, please call me at 619-980-7048 (Cell).