HomeMy WebLinkAbout2023-12-05; City Council; Resolution 2023-282RESOLUTION NO. 2023-282
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING AMENDMENT NO. 10 TO AN AGREEMENT
WITH SILLMAN WRIGHT ARCHITECTS, INC., FOR DESIGN SERVICES FOR THE
POLICE AND FIRE HEADQUARTERS RENOVATION PROJECT IN AN AMOUNT
NOT TO EXCEED $91,080 AND TO EXTEND THE TERM OF THE AGREEMENT
UNTIL NOV. 24, 2024
WHEREAS, on Nov. 19, 2019, the City Council adopted Resolution No. 2019-234, authorizing a
professional services agreement with Sillman Wright Architects, Inc. for the design work for the Police
and Fire Headquarters Renovation Project, Capital Improvement Program, or CIP, Project No. 4715;
and
WHEREAS, the Agreement as amended from time to time, expired on Nov. 24, 2023; and
WHEREAS, the construction phase of the project work remains ongoing and is expected to be
completed in late spring 2024; and
WHEREAS, it is in the city's best interest to retain Sillman Wright Architects, Inc. for technical
support through the duration of the project construction phase; and
WHEREAS, Sillman Wright Architects, Inc., has provided a proposal in an amount not to
exceed $91,080 to extend their design oversight services for the project through completion of
construction; and
WHEREAS, the recommended action to authorize this amendment requires City Council action
under Carlsbad Municipal Code Section 3.28.040 because the one-year term extension and
compensation amount provided in Amendment No. 10 exceed the authority previously delegated to
the City Manager to execute and extend the initial agreement and subsequent amendments; and
WHEREAS, Amendment No. 10 will ratify and amend the agreement in an amount not to
exceed $91,080 and extend the term of the agreement until Nov. 24, 2024; and
WHEREAS, the City Planner has determined that the project belongs to a class of projects that
the state Secretary for Natural Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the preparation of
environmental documents in accordance with Section 15301 (d) of the California Environmental
Quality Act Guidelines. Further, that in making this determination, the City Planner has found that the
exceptions listed in Section 15300.2 of the CEQA Guidelines do not apply to this project, and that the
project is consistent with the Class 1 exemption in Section 15301 (d) because it consists of
--------------------
maintenance of public facilities, such as the restoration or rehabilitation of deteriorated or damaged
structures, facilities, or mechanical equipment to meet current standards of public health and safety.
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 authorizes the City Manager to execute Amendment No. 10
extending the term of the Professional Services Agreement with Sillman Wright
Architects, Inc., in an amount not to exceed $91,080, attached hereto as Attachment A.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 5th day of December, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
DocuSign Envelope ID: F65265F3-4C8A-47CO-BD39-DF2E437F0C78 Attachment A
PSA20-921TRAN; Amendment No. 10; Exhibit "A"
PSA20-921 TRAN
RATIFICATION OF AMENDMENT NO. 10 TO EXTEND AND AMEND AGREEMENT
FOR SAFETY CENTER DESIGN SERVICES BETWEEN
CITY OF CARLSBAD AND SILLMAN WRIGHT ARCHITECTS
This Ratification of Amendment No. 10 is entered into as of the h ;'-of()-e. v fhi� , 2023, but effective as of the 24th day of November 2023, extending and
amending the agreement dated November 25, 2019 (the "Agreement"), by and between the City of
Carlsbad, California, a municipal corporation ("City"), and Sillman Wright Architects, a California
corporation ("Contractor") (collectively, the "Parties"), for Safety Center Design Services.
RECITALS
A.On May 7, 2020, the Parties executed Amendment No. 1 to the Agreement to alterthe
Agreement's scope of work to increase the design services to include the structural engineering and
additional design work necessary for the building to comply with the Essential Services Building Seismic
Safety Act and to extend the agreement term by one year; and
B. On July 7, 2020, the Parties executed Amendment No. 2 to the Agreement to alterthe
Agreement's scope of work to increase the design services to include the design work necessary to
upgrade the heating, ventilation and air conditioning (HVAC) air handlers and the design work for a new
Mobile Command Post, and to extend the agreement term by one year; and
C.On October 5, 2020, the Parties executed Amendment No. 3 to the Agreement toalterthe
Agreement's scope of work to increase the design services to include additional IT designwork and interior
and exterior lighting; and
D.On January 27, 2021, the Parties executed Amendment No. 4 to the Agreement toalterthe
Agreement's scope of work to increase the design services to include structuraland architectural design
work for the EOC/Conference Room wing of the Safety Center and required code upgrades; and
E.On August 18, 2021, the Parties executed Amendment No. 5 to the Agreement toalter the
Agreement's scope of work to perform additional electrical design work for the temporary use of
conference rooms 1 and 2 by staff during the renovation; and
F.On March 7, 2022, the Parties executed Amendment No. 6 to the Agreement to alter the
Agreement's scope of work to perform additional design work for the dispatch center's HVAC system and
to upgrade the mobile command post electrical capacity; and
G.On June 20, 2022, the Parties executed Amendment No. 7 to the Agreement to alter the
Agreement's scope of work to provide additional electrical and plumbing design work for the (1)
dispatch center, (2) CSI lab, (3) Fire Administration area, and (4) the Crime Analyst area; and
City Attorney Approved Version 12/28/2022
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PSA20-921TRAN; Amendment No. 10; Exhibit "A"
PSA20-921TRAN
H.On February 27, 2023, the Parties executed Amendment No. 8 to the Agreement to alter
the Agreement's scope of work to provide additional structural engineering design work for a revision to
the Phase 1 area of the building; and
I.On May 30, 2023, the Parties executed Amendment No. 9 to the Agreement to alter the
Agreement's scope of work to provide additional electrical, mechanical and structural engineering design
work for the MDF/MPOE room, entrance canopy in front of the building and the fire administration area;
and
J.The Parties desire to extend and fund the Agreement for a period of one (1) year; and
K.The Parties desire to alter the Agreement's scope of work, to continue providing
construction administration and project closeout support which is attached to and incorporated in by
reference as Exhibit "A".
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein,
City and Contractor agree as follows:
1.The retroactive extension and amendment 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 one (1) year ending on November 23, 2024, on a time and materials basis not-to-exceed
ninety-one thousand eighty dollars ($91,080).
3.All other provisions of the Agreement, as may have been amended from time to time, will
remain in full force and effect.
4.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.
[signatures on following page]
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5.The individuals executing this Amendment and the instruments referenced in it on behalfof 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, SILLMAN WRIGHT ARCHITECTS, a California corporation By:
(sign here)
Richard Brett Tullis, President (print name/title) By:
(sign here)
Mark Baker, Secretary (print name/title)
CITY OF CARLSBAD, a municipal corporation of the State of m11 _,,,,, By: {f/l vv\_/ Keith Blackburn, Mayor
ATTEST:
for Sherry Freisinger, City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be attached. � 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:
CINDIE K. McMAHON, City Attorney
By: -----=b4.;...:;1,U,==.._._&rru!=.:....:-=-..,�"------Deputy City Attorney
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November 1, 2023
Mr. Steve Stewart Municipal Project Manager City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-7314
PSA20-921TRAN; Amendment No. 10; Exhibit "A"
Project: City of Carlsbad -Public Safety and Service Center Renovation (Police and Fire Headquarters)
Subject: Architectural & Engineering Services Proposal
Dear Steve,
SILLMAN (Architect) is pleased to submit this proposal to the City of Carlsbad
(Client) for Architectural and Engineering Services during the remaining
phases of Construction Administration and Closeout. This work will be
performed for the City of Carlsbad -Public Safety and Service Center (Police
and Fire Headquarters) building located at 2560 Orion Way, Carlsbad, CA.
The Project is employing the Design-Bid-Build (DBB) delivery method.
The Construction Manager for this project is Griffin Structures.
Project Description:
The Public Safety and Service Center (Police and Fire Headquarters) is
undergoing a significant systems renovation, including seismic structural
retrofitting, a new HVAC system, new LED lighting throughout, a new security
system (access control and surveillance), a new photovoltaic roof-mounted
system, remodeling of interior spaces, and exterior improvements.
The original agreement (No. PSA20-921TRAN) between the Client and the Architect for Architectural and Engineering Services was executed on November 25th, 2019. The terms of the agreement consisted of an initial two
(2) year period with an option to extend it for two (2) additional one (1) year
periods or parts thereof. As a result, the agreement will expire on November
23rd, 2023. In anticipation of this termination date, the Client has requested anew fee proposal to account for any unbilled funds remaining in the current
agreement and any additional funds projected for the project's completion,
estimated to be in April 2024.
The project is currently under construction, and the contractor is scheduled to
complete Phase II construction at the end of October 2023. Following this,
the contractor will commence the construction of Phase Ill, which includes
SILLMAN I 7515 Metropolitan Drive I Suite 400 I San Diego CA 92108 I T: 619.294.7515 I F: 619.294.7592
DocuSign Envelope ID: F65265F3-4C8A-47C0-BD39-DF2E437F0C78
PSA20-921TRAN; Amendment No. 10; Exhibit "A"
City of Carlsbad -Public Safety and Service Center Renovation Architectural & Engineering Services Proposal November 1, 2023 Page 2 of 7
seismic retrofitting for the ancillary Emergency Operation Center (EOC) wing.
Phase 111 is expected to be substantially complete by the end of April 2024.
An interim Phase 2.1 will run concurrently with Phase Ill's construction. Due to several factors, the Design Team has exhausted the Construction
Administration phase funds from the previous Agreement. An effort was
made to reduce the Architect's weekly hourly billings from approximately 18-
20 hours to 8-10 hours. Unfortunately, these efforts were unsuccessful due to multiple requests that exceeded the minimal hourly projections.
The increased efforts result from daily inquiries coming from the contractor,
which are often explicitly outlined in the documents. The contractor on this project challenges nearly every response or direction and has been quite
challenging to work with, even for a Design-Bid-Build project. Furthermore,
the contractor's Construction Change Orders often contain errors and overages, necessitating extensive review by the Architect to ensure the City
does not overpay for any added work.
One of the primary reasons for the shortfall in our Construction Administration
fee is wage inflation, stemming from the high inflation rate in 2021 and 2022.
In other words, when the original fees were projected in 2019, the Architect
anticipated a 3% salary increase year-over-year. Upon internal investigation, it was revealed that staff salaries had increased by roughly 16% over the past
two years to keep pace with inflation and minimize staff departures.
Furthermore, the original construction schedule anticipated project completion in December 2023. The contractor's current schedule projects the
completion of Phase II in October and Phase Ill in late April 2024, resulting in
a four-month delay that was not accounted for in our original Construction Administration fee.
This proposal is submitted to address these challenges and continue to provide the necessary Architectural and Engineering Services for the project.
I.SCOPE OF SERVICES
The Architect and Consultants shall provide Design Services which include,
but are not limited to the services as described below:
A.Construction Administration: Architect and Consultants will work withthe Construction Manager and provide the following:
1.The Construction Administration team consists of a Project Architect,Job Captain and Project Administrator. The Project Architect shall
oversee the performance of the Construction Administration team.
SILLMAN I 7515 Metropolitan Drive I Suite 400 I San Diego CA 92108 I T: 619.294.7515 I F: 619.294.7592
DocuSign Envelope ID: F65265F3-4C8A-47C0-BD39-DF2E437F0C78
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B.
C.
2.A Construction Administrator shall attend one (1) virtual OAC
meeting per week.
3.A Construction Administrator shall review Shop Drawings andsubmittals, respond to RFl's and issue ASl's / Information Bulletins,and all other activities as it relates to the administration of a
construction project.
4.The Construction Administrator will participate in six (6) site visits and
observe construction activity.
5.The Construction Administrator will assist the Construction Manager
in reviewing Pay Applications and Change Order Request (CORs)
issued by the contractor, to determine the validity of the request.
6.The Construction Administrator will act as a liaison between the
Client's Project Manager and Construction Manager. This is not
envisioned to be a full-time standalone position, but a designatedperson(s) that will assist in the Construction Administration efforts.
Closeout Services: Architect and Consultants will work with the
Construction Manager and provide the following:
1.The Construction Administrator will participate in one (1) final punch
walkthrough and provide a follow-up report with the findings.
2.The Construction Administrator will assist the Construction Manager
in confirming the completion of Punch List items.
3.The Construction Administrator will assist the Construction Manager
in determining when the project has reached substantial completion.
4.The Construction Administrator will Assist the Construction Manager
with review of Closeout Documents.
5.Provide record drawings based on red-marks provided by the
Contractor.
6.Perform project document archival and attend a project debrief.
Meetings:
1.Attend virtual meetings to discuss any outstanding items or issues
identified by the End User, Contractor, Construction Manager or City.
Meetings shall not exceed a total of six (6).
SILLMAN I 7515 Metropolitan Drive I Suite 400 I San Diego CA 92108 I T: 619.294.7515 I F: 619.294.7592
OocuSign Envelope ID: F65265F3-4C8A-47C0-BO39-DF2E437F0C78
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D.Disciplines:
1.Architecture
2.Structural
3.Mechanical / Plumbing
4.Electrical / Fire Alarm5.Low Voltage / Technology
6.Fire Life Safety
7.Safety
11.EXCLUSIONS
A Any task not specifically listed above
B.Client / Contractor Design Revisions after the completion of
the Design Development Phase
C.Client driven Changes / Bulletin / Construction Changes to
the permit drawings (not resulting from errors or omissions)
D.Value engineering revisions after Bidding
E.Environmental, Conditional Use/Discretionary/Entitlements
Permit Processing / Plans
F.Signage (other than required by Code or AHJ listed in this
fee proposal)
G.Utility Rebate submittals
H.Renderings
I.Revit model with a LOO higher than 300
J.Construction Management
K.LEED Management and Documentation
L.Furniture Fixtures and Equipment (FF&E)
SILLMAN I 7515 Metropolitan Drive I Suite 400 I San Diego CA 92108 I T: 619.294.7515 I F: 619.294.7592
DocuSign Envelope ID: F65265F3-4C8A-47C0-BO39-DF2E437F0C78
PSA20-921TRAN; Amendment No. 10; Exhibit "A" City of Carlsbad -Public Safety and Service Center Renovation
Architectural & Engineering Services Proposal
November 1, 2023
Page 5 of 7
111.CLIENT TO PROVIDE THE FOLLOWING:
A.Client agrees to provide the Architect with all information, surveys,
reports, professional recommendations, and any other related items
required by the Architect to provide professional services. The
Architect may rely on the accuracy and completeness of these items.
B.As Built Drawings (in AutoCAD, if available)
IV.COMPENSATION
A.See "Exhibit A" for compensation fee breakdown per discipline.
B. The Design Professional shall submit one invoice per calendar month
in a form acceptable to the City in accordance with the Compensationand Fee Schedule.
C.Payment for services shall be billed monthly based on thepercentage of completion of the work but shall not exceed percent
complete for each milestone deliverable.
D.The above fee is based on the aforementioned scope of services.
The actual service may change. If so, the Architect shall inform theClient prior to performing Additional Services.
V.DESIGN AND CONSTRUCTION SCHEDULE
A.Construction for Phase II is scheduled to be completed on October27, 2023. Phase Ill is scheduled to start construction on October 30th ,
2023 and scheduled to end construction at the end of April, 2024.
Phase 2.1 work will be on-going during the beginning on Phase Ill
construction.
B.A preliminary schedule is provided based on initial input from the
Client and the Contractor. The Architect has limited influence overthe schedule and will update the Client when the schedule needs tobe adjusted. In the event that there is a delay this is not directlyattributable to the Archite ct; the Architect shall be provided additional
time & fee to complete their scope of work.
C.If the project is delayed, postponed, or extended, the Architect will
provide a new Design Schedule and Fee Schedule applicable to thetime and services resulting from changes in schedule.
SILLMAN I 7515 Metropolitan Drive I Suite 400 I San Diego CA 92108 I T: 619.294.7515 I F: 619.294.7592
DocuSign Envelope ID: F65265F3-4C8A-47C0-BD39-DF2E437F0C78
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VI.MISCELLANEOUS PROVISIONS
A.Reimbursable expenses shall be billed to Client at 115% of supplier'sgross invoice to Architect and will include governmental fees,
permits, assessments, photography, special presentation materials,
long distance telephone charges, title company charges, specialtyConsultants (i.e., acoustic engineer, geologist, traffic engineers, etc.),
authorized traveling expenses, and all other charges not specifically
covered by the terms of this agreement.
B.Our invoices are payable in full on receipt. If Client fails to payArchitect within sixty (60) days after the invoice date, Architect shall
have the right to immediately stop all work on the project and
suspend performance of his obligations under this Agreement. This is
in addition to his other rights and remedies, including his right toterminate this Agreement.
C.A LATE PAYMENT CHARGE will be computed at the rate of 1.5%
per month and will be applied to any unpaid balance commencing
thirty (30) days after the original invoice. Imposition of the late
payment charge shall not imply an agreement to delay collection of adelinquent account, nor shall it affect Architect's other rights and
remedies, including his right to terminate this Agreement.
D.Construction Management or supervision is not a part of this contract
nor is the participation in bidding or field inspection. The Contractorswho will be hired by Client are considered experts in their relativefields and shall notify Client and Architect immediately of any work
shown on plans prepared by Architect which cannot be fully complied
with or guaranteed prior to the installation of the work. Client agreesto defend, indemnify, and hold Architect harmless from any and all
liability, real or alleged, that might be occasioned by others
performing construction and/or construction management or
supervision for project.
E.Architect is not the Construction Manager and does not guarantee
the completion date or quality of performance of .contracts by the
construction manager, contractors, or sub-contractors, or thirdparties, nor is Architect responsible for their acts or omissions.
F.The fees for the above scope of work are valid for three (3) monthsfrom the date of this proposal.
G.Hourly contracts and additional assignments at Client's request will
be billed at our standard hourly rates as follows unless notified in
writing thirty (30) days prior to any changes.
SILLMAN I 7515 Metropolitan Drive I Suite 400 I San Diego CA 92108 I T: 619.294.7515 I F: 619.294. 7592
DocuSign Envelope ID: F65265F3-4C8A-47C0-BD39-DF2E437F0C78
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VII.SCHEDULE OF RA TES
Our standard hourly rates are as follows unless notified in writing thirty
(30)days prior to any changes.
SCHEDULE OF RATES 2023
Principal Architect $220/hour Sr. Project Architect $200/hour
Project Architect $190/hour
Project Manager $180/hour
Project Designer $170/hour
Job Captain $150/hour
Drafter/ CAD/ BIM $120/hour
Administrative $110/hour
Thank you for this opportunity to continue to collaborate with the City of Carlsbad on this important project. We look forward to the successful completion of the project.
Cheers,
Brett Tullis Principal Architect
CA License No. C-31087
ACCEPTED BY:
BY
NAME
DATE
POSITION/COMPANY
SILLMAN I 7515 Metropolitan Drive I Suite 400 I San Diego CA 92108 I T: 619.294.7515 I F: 619.294. 7592
City of Carlsbad - Public Safety and Service Center Renovation
Fee Matrix | 11/01/23 | Exhibit A
Principal
Architect
Project
Architect
Job
Captain
Project
Admin
Project
Executive Engineer Designer
Project
Executive Engineer Designer
Project
Executive Engineer Designer
Project
Executive Engineer Designer
Project
Executive Engineer Designer
Project
Executive Engineer Designer
TOTAL
HOURS
$220 $190 $150 $110 $200 $180 $130 $200 $180 $130 $200 $180 $130 $200 $180 $130 $200 $180 $130 $200 $180 $130
1 November Construction Administration 2 16 40 10 –2 5 –2 5 –2 5 –2 5 –2 4 –––102
2 December Construction Administration 2 16 40 10 –2 5 –2 5 –2 5 –2 5 –2 4 –––102
3 January Construction Administration 2 16 40 10 –2 5 –2 5 –2 5 –2 5 –2 4 –––102
4 February Construction Administration 2 16 40 10 –2 5 –2 5 –2 5 –2 5 –2 4 –––102
5 March Construction Administration 2 16 40 10 –2 5 –2 5 –2 5 –2 5 –2 4 –––102
6 April Construction Administration 2 16 40 10 ––––––––––––––––––68
Subtotal Hours 12 96 240 60 0 10 25 0 10 25 0 10 25 0 10 25 0 10 20 0 0 0 510
Subtotal Cost $2,640 $18,240 $36,000 $6,600 $0 $1,800 $3,250 $0 $1,800 $3,250 $0 $1,800 $3,250 $0 $1,800 $3,250 $0 $1,800 $2,600 $0 $0 $0
Subtotals Cost
Reimbursables
$0
TASKS
PD&C - Fire Life SafetyIMEG - Low Voltage/TechIDS - Mech/PlumbingSILLMAN - Architectural IDS - Structural IMEG - Electrical/Fire Alarm
$63,480 $4,400
$5,050 $5,050 $5,050 $4,400Discipline Total $66,480
Grand Total $91,080
$3,000
$5,050
Stantec - Safety
$0
$0 $0 $0 $0 $0 $0
$5,050 $5,050 $5,050 $5,050
PSA20-921TRAN; Amendment No. 10; Exhibit "A"
DocuSign Envelope ID: F65265F3-4C8A-47C0-BD39-DF2E437F0C78