Loading...
HomeMy WebLinkAbout2015 CON Safdie Rabines - Architectural Services National City Aquatic Center - Amendment #4FOURTH AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SAFDIE RABINES ARCHITECTS This Fourth Amendment to the Agreement is entered into this 19th day of May 2015 by and between the City of National City, a municipal corporation ("CITY"), and Safdie Rabines Architects, (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT entered into an agreement on September 6, 2011, ("the Agreement") through the adoption of City of National City Council Resolution No. 2011-213, wherein the CONSULTANT agreed to provide architectural services for the National City Aquatic Center, which was renamed as the National City Waterfront Adventure Center in 2014. WHEREAS, the original Agreement had a not to exceed amount of $291,777; and WHEREAS, on March 20, 2012, the City Council adopted Resolution No. 2012-64 approving the First Amendment to the Agreement increasing the not -to - exceed amount by $61,853, for a total Agreement amount of $353,630, and amending the scope of services to include a redesign of certain elements, additional geotechnical work, and creation of the Operating and Maintenance document required by the Port of San Diego; and WHEREAS, on November 19, 2013, the City Council adopted Resolution No. 2013-171 approving the Second Amendment to the Agreement increasing the not -to - exceed amount by $150,000 for a total Agreement amount of $503,630, and extending the term of the agreement to December 31, 2014; and WHEREAS, on August 5, 2014, the City Council adopted Resolution No. 2014-102 approving the Third Amendment to the Agreement increasing the not -to - exceed amount by $270,000 for a total Agreement amount of $773,630; and WHEREAS, the parties desire to extend the term of the Agreement to December 31, 2015; and WHEREAS, the parties desire to increase the not -to -exceed amount by $80,000, for a total Agreement amount of $853,630, to provide construction support services through project completion, including review of contractor submittals, preparation of responses to Requests for Information (RFIs), site visits, weekly construction meetings, general project coordination, and preparation of record drawings. AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement entered into on September 6, 2011 as follows: 1. Extend the term of the Agreement through December 31, 2015, by amending Paragraph Number 6 of the Agreement by adding the following: In the event the tasks described in Exhibit "A" are not completed on or before June 30, 2013 due to changes in the project schedule, the term of the agreement shall be extended to December 31, 2015. 2. Increase the not -to -exceed amount by $80,000, for a total Agreement amount of $853,630. 3. The amendment to Paragraph Number 6 contained herein is effective as of June 30, 2013. 4. The parties further agree that with the foregoing exceptions, each and every term and provision of the Agreement dated September 6, 2011, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF .. IONAL CITY SAFDIE RABINES ARCHITECTS By: on Morrison, +.r Ricardo Rabines, President By: APPROVE P AS TO FORM: audia Ga ua : ilv City Attome Taal1afdie, Secretary and CFO RESOLUTION NO. 2015 — 71 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE AGREEMENT WITH SAFDIE RABINES ARCHITECTS TO EXTEND THE TERM OF THE AGREEMENT TO DECEMBER 31, 2015, AND INCREASE THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $80,000, FOR A TOTAL AGREEMENT AMOUNT OF $853,630, FOR CONTINUED ARCHITECTURAL AND CONSTRUCTION SUPPORT SERVICES FOR THE NATIONAL CITY WATERFRONT ADVENTURE CENTER WHEREAS, on September 6, 2011, the City Council adopted Resolution No. 2011-213, entering into an Agreement with Safdie Rabines Architects to provide architectural services to design the National City Aquatic Center (the "Project") in the not to exceed amount of $291,777; and WHEREAS, on March 20, 2012, a First Amendment to the Agreement was entered into through the adoption of City Council Resolution No. 2012-64, to increase the amount of the Agreement by $61,653, for a total Agreement amount of $353,630, and to amend the scope of services to include a redesign of certain elements, additional geotechnical work, and the creation of an Operating and Maintenance document required by the Port of San Diego; and WHEREAS, on November 19, 2013, a Second Amendment to the Agreement was entered into through the adoption of City Council Resolution No. 2013-171 to increase the not to exceed amount of by $150,000 for a total not to exceed amount of $503,630, and to extend the term of the Agreement from June 30, 3013 to December 31, 2014; and WHEREAS, on August 5, 2014, the City Council adopted Resolution No. 2014- 102 approving the Third Amendment to the Agreement increasing the not -to -exceed amount by $270,000 for a total Agreement amount of $773,630; and WHEREAS, the parties desire to extend the term of the Agreement to December 31, 2015; and WHEREAS, the parties desire to increase the not -to -exceed amount by $80,000, for a total Agreement amount of $853,630, to provide construction support services through project completion, including review of contractor submittals, preparation of responses to Requests for Information, site visits, weekly construction meetings, general project coordination, and preparation of record drawings. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Fourth Amendment to the Agreement with Safdie Rabines Architects to extend the term to December 31, 2015, and increase the not to exceed amount of by $80,000 for a total not to exceed amount of $853,630. The Fourth Amendment is on file in the Office of the City Clerk. [Signature Page to Follow] Resolution No. 2015 — 71 Page Two ATTEST: PASSED and ADOPTED this 19th day of May, 2015 474 Mic ael R. Dalla, ity Clerk iPh k P. udia'���'ua City Attorney PROVED AS TO FORM: on Morrison, ayor Passed and adopted by the Council of the City of National City, California, on May 19, 2015 by the following vote, to -wit: Ayes: Councilmembers Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: Councilmember Cano. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ail- Cit Clerk of the Cito ational City, California y Y, By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-71 of the City of National City, California, passed and adopted by the Council of said City on May 19, 2015. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA C a o \\- a 3 COUNCIL AGENDA STATEMENT MEETING DATE: May 19, 2015 AGENDA ITEM NO. 16 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Fourth Amendment to the Agreement with Safdie Rabines Architects to extend the term of the Agreement to December 31, 2015 and increase the not -to -exceed amount of the Agreement by $80,000, for a total Agreement amount of $853,630, for continued architectural and construction support services for the National City Waterfront Adventure Center (formerly known as the National City Aquatic Center) PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds available in account #001-409-500-598-3816 (San Diego Unified Port District CIP) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt resolution to execute a Fourth Amendment to the Agreement with Safdie Rabines Architects for continued architectural and construction support services for the National City Waterfront Adventure Center BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Fourth Amendment to Agreement 3. Resolution Explanation: On September 6, 2011 per City Council Resolution No. 2011-213, the City of National City entered into an agreement with Safdie Rabines Architects to provide architectural services to design the National City Aquatic Center in the not to exceed amount of $291,777. On March 20, 2012, per City Council Resolution No. 2012-64, a First Amendment to the Agreement was executed to increase the amount of the Agreement by $61,653, for a total Agreement amount of $353,630. The First Amendment also amended the scope of services to include a redesign of certain elements, additional geotechnical work and creation of an Operating and Maintenance document required by the Port of San Diego. On November 19, 2013, per City Council Resolution No. 2013-171, a Second Amendment to the Agreement was executed to extend the term of the agreement to December 31, 2014 and increase the amount of the Agreement by $150,000, for a total Agreement amount of $503,630. On August 5, 2014, per City Council Resolution No. 2014-102, a Third Amendment to the Agreement was executed increasing the not -to -exceed amount by $270,000 for a total Agreement amount of $773,630. Due to delays caused by the construction contractor and/or their subcontractors, project completion has been delayed approximately eight months. Architectural and construction support services are required through project completion. Therefore, staff is requesting a Fourth Amendment to the Agreement to extend the term of the Agreement to December 31, 2015 and increase the not -to -exceed amount by $80,000, for a total Agreement amount of $853,630. Funding for this amendment is available through the San Diego Unified Port District Capital Improvement Program grant awarded to National City for completion of the Waterfront Adventure Center. FOURTH AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SAFDIE RABINES ARCHITECTS This Fourth Amendment to the Agreement is entered into this 19th day of May 2015 by and between the City of National City, a municipal corporation ("CITY"), and Safdie Rabines Architects, (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT entered into an agreement on September 6, 2011, ("the Agreement") through the adoption of City of National City Council Resolution No. 2011-213, wherein the CONSULTANT agreed to provide architectural services for the National City Aquatic Center, which was renamed as the National City Waterfront Adventure Center in 2014. WHEREAS, the original Agreement had a not to exceed amount of $291,777; and WHEREAS, on March 20, 2012, the City Council adopted Resolution No. 2012-64 approving the First Amendment to the Agreement increasing the not -to - exceed amount by $61,853, for a total Agreement amount of $353,630, and amending the scope of services to include a redesign of certain elements, additional geotechnical work, and creation of the Operating and Maintenance document required by the Port of San Diego; and WHEREAS, on November 19, 2013, the City Council adopted Resolution No. 2013-171 approving the Second Amendment to the Agreement increasing the not -to - exceed amount by $150,000 for a total Agreement amount of $503,630, and extending the term of the agreement to December 31, 2014; and WHEREAS, on August 5, 2014, the City Council adopted Resolution No. 2014-102 approving the Third Amendment to the Agreement increasing the not -to - exceed amount by $270,000 for a total Agreement amount of $773,630; and WHEREAS, the parties desire to extend the term of the Agreement to December 31, 2015; and WHEREAS, the parties desire to increase the not -to -exceed amount by $80,000, for a total Agreement amount of $853,630, to provide construction support services through project completion, including review of contractor submittals, preparation of responses to Requests for Information (RFIs), site visits, weekly construction meetings, general project coordination, and preparation of record drawings. -1- AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement entered into on September 6, 2011 as follows: 1. Extend the term of the Agreement through December 31, 2015, by amending Paragraph Number 6 of the Agreement by adding the following: In the event the tasks described in Exhibit "A" are not completed on or before June 30, 2013 due to changes in the project schedule, the term of the agreement shall be extended to December 31, 2015. 2. Increase the not -to -exceed amount by $80,000, for a total Agreement amount of $853,630. 3. The amendment to Paragraph Number 6 contained herein is effective as of June 30, 2013. 4. The parties further agree that with the foregoing exceptions, each and every term and provision of the Agreement dated September 6, 2011, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY SAFDIE RABINES ARCHITECTS By: By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney By: Taal Ricardo Rabines, President ecretary and CFO -2- RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE AGREEMENT WITH SAFDIE RABINES ARCHITECTS TO EXTEND THE TERM OF THE AGREEMENT TO DECEMBER 31, 2015, AND INCREASE THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $80,000, FOR A TOTAL AGREEMENT AMOUNT OF $853,630, FOR CONTINUED ARCHITECTURAL AND CONSTRUCTION SUPPORT SERVICES FOR THE NATIONAL CITY WATERFRONT ADVENTURE CENTER WHEREAS, on September 6, 2011, the City Council adopted Resolution No. 2011-213, entering into an Agreement with Safdie Rabines Architects to provide architectural services to design the National City Aquatic Center (the "Project") in the not to exceed amount of $291,777; and WHEREAS, on March 20, 2012, a First Amendment to the Agreement was entered into through the adoption of City Council Resolution No. 2012-64, to increase the amount of the Agreement by $61,653, for a total Agreement amount of $353,630, and to amend the scope of services to include a redesign of certain elements, additional geotechnical work, and the creation of an Operating and Maintenance document required by the Port of San Diego; and WHEREAS, on November 19, 2013, a Second Amendment to the Agreement was entered into through the adoption of City Council Resolution No. 2013-171 to increase the not to exceed amount of by $150,000 for a total not to exceed amount of $503,630, and to extend the term of the Agreement from June 30, 3013 to December 31, 2014; and WHEREAS, on August 5, 2014, the City Council adopted Resolution No. 2014- 102 approving the Third Amendment to the Agreement increasing the not -to -exceed amount by $270,000 for a total Agreement amount of $773,630; and WHEREAS, the parties desire to extend the term of the Agreement to December 31, 2015; and WHEREAS, the parties desire to increase the not -to -exceed amount by $80,000, for a total Agreement amount of $853,630, to provide construction support services through project completion, including review of contractor submittals, preparation of responses to Requests for Information, site visits, weekly construction meetings, general project coordination, and preparation of record drawings. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Fourth Amendment to the Agreement with Safdie Rabines Architects to extend the term to December 31, 2015, and increase the not to exceed amount of by $80,000 for a total not to exceed amount of $853,630. The Fourth Amendment is on file in the Office of the City Clerk. [Signature Page to Follow] Resolution No. 2015 — Page Two PASSED and ADOPTED this 19th day of May, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk May 28, 2015 Mr. Ricardo Rabines Safdie Rabines Architects 925 Fort Stockton Drive San Diego, CA 92103 Dear Mr. Rabines, On May 19th, 2015, Resolution No. 2015-71 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment #4 to an Agreement with Safdie Rabines Architects. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Amendment. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.