HomeMy WebLinkAboutReso 2005-375
RESOLUTION 2005-375
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECOND AMENDMENT
TO THE AGREEMENT WITH ERICKSON-HALL
CONSTRUCTION CO. WHICH WILL INCREASE THE
GUARANTEED MAXIMUM PRICE (GMP) FOR THE DESIGN
AND CONSTRUCTION OF HARBORSIDE PARK (CIP PR-
249) LOCATED ON OXFORD STREET IN WESTERN CHULA
VISTA, AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT AND AUTHORIZING THE TRANSFER OF
FUNDS FROM THE "WESTERN CHULA VISTA
INFRASTRUCTURE PROGRAM (GGI88)" TO THE
"HARBORS IDE PARK (PR-249)" AS NECESSARY TO
COMPLETE THE PROJECT
WHEREAS, on October 5, 2004 City Council approved an agreement with Erickson-Hall
Construction Co. by Resolution 2004-317 for the services required to design and construct a
completed and fully functionaI5.21-acre Harborside Park; and
WHEREAS, the agreement was amended to establish the Guaranteed Maximum Price
(GMP) at $1,987,030 on May 17,2005 by Resolution 2005-160; and
WHEREAS, at the onset of construction, unanticipated materials were discovered which
required the need for additional work and expenditures necessary to properly remove the trash
and debris while continuing the progress of the project; and
WHEREAS, the second amendment (Exhibit A) to the Design-Build agreement between
the City of Chula Vista and Erickson-Hall Construction Co. will include increasing the GMP
from $1,987,030 to $2,045,028 consistent with unanticipated cost of material removal in the
amount of$57,998; and
WHEREAS, pursuant to Section 14 of the Design-Build agreement, staff and Design
Builder have made every effort to determine a fair and equitable price for the additional work;
and
WHEREAS, the second amendment also revises the substantial completion date to
January 5, 2006 and final completion date to February 4,2006.
WHEREAS, the staff time eligible for reimbursement is higher than originally
anticipated. Based on the number of hours to date and projected time to be spent on the project
through its completion, staff is recommending an additional appropriation in the amount of
$40,000; and
Resolution No. 2005-375
Page 2
WHEREAS, staff is recommending transferring the amount of $97,998 from the
"'Western Chula Vista Infrastructure Program (GG-188)" to the "'Harborside Park (PR-249)" as
necessary to complete the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the second amendment of the Design-Build agreement raising the
GMP to $2,045,028 for the services required to design and construct Harborside Park (CIP PR-
249) located on Oxford Street in Western Chula Vista, transferring funds therefore and
authorizing the Mayor to execute said amendment.
Presented by
Approved as to form by
~w<\,,\\~\w~,*,
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 22nd day of November, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Rindone, and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
A TTEST:
- ~11~~~~J~
Susan Bigelow, MMC, City erk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing
Resolution No. 2005-375 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 220d day of November 2005.
Executed this 220d day of November 2005.
,
< -y 1..-1 t1 , -(
Susan Bigelow, MMC,~~
Lo--J
-.J
E')(\tI"5li A
Resolution No. 2005-375
Page 3
Second Amendment To
the Design Build Agreement between the City of Chula Vista
and Erickson-Hall Construction Co.
For Design and Construction of Harborside Park
This Second Amendment is made and entered into this 22nd day of November 2005 by and
between the City of Chula Vista (herein "City"), a municipal corporation, and Erickson-Hall
Construction Co. (herein "Design Builder or DIE"). City and Design Builder are sometimes
hereinafter referred to as Parties ("Parties")
RECITALS
WHEREAS, the City and DIE entered into an agreement ("Original Agreement") dated October
5,2004 and approved by City Council Resolution 2004-317, whereby DIE provides design and
construction services to the City for the construction of a fully functional park including the
facilities and site-work; and
WHEREAS, the First Amendment to the Design Build Agreement between the City of Chula
Vista and Erickson-Hall Construction Co. was approved by City Council Resolution 2005-160
which contained a guaranteed maximum price not to exceed $1,987,030; and
WHEREAS, due to unanticipated materials found on the site at the onset of construction, it has
become necessary to increase the GMI' to cover expenses necessary for proper material removal;
and
WHEREAS the parties now desire to enter the Second Amendment to the Agreement to increase
the contract amount to incorporate the guaranteed maximum price of $2,045,028 for a fully
functional5.21-acre park, Harborside Park.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the Parties set
forth herein, the City and Design Builder agree as follows:
1. Section 1 of Original Agreement, entitled General Scope of Work to be Perfo=ed by
DIE, is hereby amended as follows:
1.3.1 Perfo= all services, work and obligations as described herein for the not
to exceed amount of $1,987,030 $2,045,028 which shall include Design
Services and General Conditions necessary to provide a fully completed
and functional Project. DIE shall perfo= all Design Services and General
Conditions for the not to exceed amount of $214,462 as outlined in the
Design Build Fee Structure (Exhibit 2). At 90% complete construction
documents a Guaranteed Maximum Price (GMI') will be established
pursuant to Section 13 of this Agre=ent, which will include, but not be
limited to, the cost for all labor, equipment, and material to design and
build a fully functional park in accordance with all applicable rules,
Resolution No. 2005-375
Page 4
regulations, and laws. The D/B fee shall be based upon a sliding scale as
outlined in the Design Build Fee Structure (Exhibit 2). [Commcntl]Any costs
incurred by D/B in excess of said GMP shall be the sole responsibility of
the D/B, unless a change order is approved by the City pursuant to
Sections 9 and 14 of this agreement. All funds remaining in the GMP at
the completion of the project shall belong to the City.
1.3.2 Substantial Completion:
Achieve "Substantial Completion" (as defined in ~16.1) no later than
January 5,2006.
1.3.3. Achieve "Final Completion" (as defined in ~16.2) No later than February
4,2006.
2. Section 13 of the Original Agreement, entitled D/B GMP for Services and
Reimbursements, is hereby amended to read as follows:
13.1.1 The GMP shall not exceed $1,n7,030 $2,045,028 for the Park and
include within said GMP shall be no more than $214,462 for Design
Services and General Conditions as previously identified in Section 1.3.1
of this agreement.
3. Section 11 of the Original Agreement, entitled Insurance, is hereby amended to read
as follows:
11.3.1.5 Builder's Risk Property Insurance:
The City of Chula Vista will provide coverage for "all risk" Builder's Risk Insurance,
excluding the peril of earthquake, and subj ect to other policy terms, conditions and
exclusions, Coverage will be provided for the Full Hard Cost Replacement Cost of
Materials, Equipment and fixtures destined to become a permanent part of the
structure, Property in Transit, and Property in Offsite Storage for Harborside Park
construction in an amount not to exceed $+.9 $2.0 million. Contractors and
Subcontractors will be added to policy as Loss Payees as their interest may appear.
4. Exhibit 2 of the Original Agreement shall be substituted with the Revised Exhibit 2.
5. Except as expressly provided herein all other provisions of the Original Agreement
and the First Amendment shall remain in full force and affect.
--'
Resolution No. 2005-375
Page 5
Signature Page to the: Second Amendment to
the Design Build Agreement between the City of Chula Vista
and Erickson-Hail Cans"1Jclion Co.
For Design and Constrm:.tion afHarbarside Park
City of Chula Vista
Erickson-Hall Construction Co.
by
Stephen C. Padilla, Mayor
by~_
N"",e and Tille
Date
ATTEST:
Susan Bigelow, City Cierk
Approved in form by:
Ann Moor~, City Attorney