HomeMy WebLinkAbout2023-02-14; City Council; Resolution 2023-055RESOLUTION NO. 2023-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NO. 3 TO THE
AGREEMENT WITH LPA, INC. TO DEVELOP DESIGN AND CONSTRUCTION
PLANS AND SPECIFICATIONS FOR THE MONROE STREET POOL
RENOVATION/REPLACEMENT PROJECT, CAPITAL IMPROVEMENT PROGRAM
PROJECT NO. 4724, CONCEPT 3
WHEREAS, the City Council has determined that it is in the best interest of the city to proceed
with developing the design and construction plans and specifications for the Monroe Street Pool
Renovation/Replacement Project, Capital Improvement Program Project No. 4724, Concept 3; and
WHEREAS, the existing Monroe Street Pool facility includes a 25-yard by 25-meter pool,
equipment room, and locker room building; and
WHEREAS, the facility has undergone a series of repairs since its original construction in 1982,
but it has not been renovated since 2009; and
WHEREAS, the facility needs renovation and replacement work to address degraded finishes,
and remain compliant with health and building code requirements and sound issues; and
WHEREAS, a facility needs assessment study conducted in 2017 recommended the following
for the facility: upgrades to the pool deck; upgrades to the existing gutter system in the pool deck;
installation of pool area safety signage and accessibility upgrades; upgrades to the restrooms for new
changing rooms; upgrades to the facility's emergency exits; and
WHEREAS, given the conditions identified in the facility needs assessment study, staff
recommended renovations and replacements to the pool, mechanical building and wall and gates; and
WHEREAS, staff also recommended the City Council consider additional energy efficiency
measures to the mechanical building and the locker room building, as well as reconfiguration and
expansion of the pool and the site's buildings; and
WHEREAS, these improvements are intended to increase opportunities for new recreational
programs and extend useful life expectancy of the Monroe Street Pool for approximately 15 years; and
WHEREAS, staff require the assistance of an architectural and engineering design firm to
develop construction plans and specifications the project, obtain building permits, update the cost
estimate, assist in the solicitation of construction bids, and perform construction administration; and
WHEREAS, on April 9, 2019, the City Council adopted Resolution No. 2019-049, awarding an
architectural and engineering design services agreement to LPA, Inc., to review past condition studies
and to prepare design and construction documents for the renovation of the Monroe Street Pool; and
WHEREAS, on February 12, 2020, the agreement with LPA was amended to evaluate the
operational costs of three design concepts under consideration by the City; and
WHEREAS, staff subsequently sought community input on the three design concepts; and
WHEREAS, in January 2021, staff presented the three design concepts and the community input
to the City Council; and
WHEREAS, the City Council directed staff to pursue development of the third design concept,
which was preferred by most residents who provided input, and to place a ballot measure on the June
7, 2022, primary election; and
WHEREAS, in May 2021, staff processed Amendment No. 2 to the agreement with LPA to extend
its term to allow time for the ballot measure; and
WHEREAS, on Feb. 22, 2022, the City Council deferred the timing of a Proposition H ballot
measure from the June 7, 2022, primary election to the November 8, 2022, general election to
complete the Capital Improvement Program project prioritization for its five-year strategic plan; and
WHEREAS, on March 16, 2022, the City Council held a Capital Improvement Program
prioritization workshop and included the Monroe Street Pool on the list of priority projects to be
worked on through 2027; and
WHEREAS, on Oct. 11, 2022, the City Council adopted the city's five-year strategic plan, which
prioritizes quality of life and safety, community character, environmental sustainability, economic
vitality and organizational efficiency; and
WHEREAS, the plan listed "Complete design work for the Monroe Street Pool Renovation and
Replacement Project" among its priority Capital Improvement Program projects; and
WHEREAS, on Nov. 8, 2022, the Proposition H ballot measure was approved by the voters,
authorizing the city to spend over $1 million of city funds on the project; and
WHEREAS, the city has identified LPA as the most qualified firm for the project, have worked
with their representatives for four years and found them to be highly responsive and knowledgeable;
and
WHEREAS, staff have received a negotiated a proposal from LPA for an increase in services and
time to develop the project's design and construction plans and specifications, which are needed to
update the estimate of the project's total costs; and
WHEREAS, staff recommend the City Council authorize execution of Amendment No. 3 to an
agreement with LPA to develop the construction plans and specifications for the Monroe Street Pool
Renovation/Replacement Project, Concept 3, in an amount not-to-exceed $1,200,000, and extend the
term of the agreement by three years; and
WHEREAS, this amendment will increase the agreement with LPA to a total amount not-to
exceed $1,886,577 and extend the term of the agreement by three years, but will not require additional
funding beyond what has already been set aside: and
WHEREAS, the total amended value of the agreement is within the $3.3 million already set aside
for the project and no additional appropriations are required at this time; and
WHEREAS, funding for construction of the Monroe Street Pool Renovation/Replacement
Project has not yet been identified; and
WHEREAS, on July 19, 1977, the City Council certified the Environmental Impact Report {EIR-
380)for the Monroe Street Pool, at the time identified as the "community swimming pool"; and
WHEREAS, the Monroe Street Pool Renovation/Replacement Project, Concept 3, is within the
scope of the prior environmental document and no further environmental documentation is required
per California Environmental Quality Act Guidelines Section 15162; and
WHEREAS, the City Planner determined on Feb. 7, 2023, that design Concept 3 was consistent
with the approved conditional use permit for the Community Swim Complex (former name of the
Monroe Street Pool).
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 Mayor is authorized and directed to execute Amendment No. 3 to the
agreement with LPA, Inc., to develop the design and construction plans and
specifications for the Monroe Street Pool Renovation/Replacement Project, Capital
Improvement Program Project No. 4724, Concept 3, attached hereto as Attachment A.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 14th day of February, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder.
None.
None.
None.
KEITH BLACKBURN, Mayor
L SHERRY FREISINGER, City Clerk1° '-./ (SEAL)
DocuSign Envelope ID: 9287A41F-F539-4733-857F-B589CD3066BF Attachment A
PSA 19-721 TRAN
AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR MONROE STREET POOL REPLACEMENT, CIP PROJECT 4724, ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
LPA, INC.
This.. Amendment No. 3 is entered into and effective as of the \ {; F day of
____ 1.-..::.....;,,.c.+.:..u.---'-....,....\,--' 2023, extending and amending the agreement dated April 10, 2019 (the "Agreement") b and between the City of Carlsbad, a municipal corporation, ("City"),
and LPA, Inc., a California corporation, ("Contractor") (collectively, the "Parties") for design
services.
RECITALS
A.On Feb. 12, 2020, the Parties executed Amendment No. 1 to the Agreement to
alter the Agreement's scope of work to include an evaluation of the operational costs for each of
three conceptual design options currently under consideration by the City; and
B.On May 6, 2021, the Parties ratified Amendment No. 2 to the Agreement to
retroactively extend and amend the Agreement since the Agreement had expired; and
C.The Parties desire to alter the Agreement's scope of work to commence andcomplete design development work for Concept 3, develop construction documents for the scope of work included, provide independent cost estimating services, bidding assistance as needed
and construction administration services; and
D.The Parties desire to extend the Agreement term inclusive of all Amendments to
date, for a period of three (3) years; and
E.The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated in by this reference as Exhibit "A", 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". With this Amendment, the total Agreement amount shall not exceed one million eight hundred eighty
six thousand five hundred seventy-seven dollars ($1,886,577).
2.City will pay Contractor for all work associated with those services described in
Exhibit "A" on a percentage complete basis not-to-exceed one million two hundred thousand dollars ($1,200,000). 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 April 7, 2026.
4.All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
City Attorney Approved Version 12/28/2022
DocuSign Envelope ID: 92B7 A41 F-F539-4733-857F-B589CD3066BF
PSA19-721TRAN
5.All requisite insurance policies to be maintained by the Contractor pursuant to theAgreement, 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
LPA, Inc., a California corporation
By:
By:
(sign here)
(sign here)
Jon Mills, COO
(print name/title)
(print name/title)
CITY OF CARLSBAD, a municipal corporation of the State of California
By @I/
Keith Blackburn, Mayor
ATTEST:
�
for Sherry Freisinger, 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, orVice-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:
CINDIE K. McMAHON, City Attorney
BY: __ l_�_IA-_f'_Vi_.;�st ___ _
Assistant City Attorney
City Attorney Approved Version 12/28/2022
2
DocuSign Envelope ID: 92B7A41 F-F539-4733-857F-B589CD3066BF
PSA19-721TRAN
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
Item No. Base scope of Services Amendment No. 3 additional funding
1.1 Review existing documents and $0
site conditions
1.2 Preliminary design/CUP/ $301,000
Environmental (additional fee for Concept 3)
1.3 Design development $191,000
(additional fee for Concept 3)
1.4 Construction documents $297,000
(additional fee for Concept 3)
1.5 Bidding administration I Cost $20,150 Estimating (additional fee for
Concept 3)
2.1 Construction Administration $164,300 (additional fee for Concept 3)
2.2 NTE allowance for reimbursable $40,000
expenses (additional fee for Concept 3)
4.0 CEQA Consulting Services $139,603
5.0 Design Contingency $46,947
TOTAL ADDITIONAL FUNDING $1,200,000
Preliminary Schedule:
Phase Approximate Dates Approx. Timeframe
Preliminary Design/CUP 2/16/2023 to 5/15/2023 3 Months
Design Development 5/16/2023 to 8/17/2023 3 Months
Construction Documents & Agency Reviews 8/18/2023 to 3/15/2024 7 Months
Bidding & Contract Award 3/19/2024 to 6/18/2024 3 Months
Construction 6/25/2024 to 1/15/2026 18 Months
City Attorney Approved Version 12/28/2022
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