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Home My WebLink About2020-07-14; City Council; Resolution 2020-140EXHIBIT 1 RESOLUTION NO. 2020-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AMENDMENT NO. 1 TO THE AGREEMENT WITH MIKHAIL OGAWA ENGINEERING, INC., TO PROVIDE PROFESSIONAL SERVICES FOR THE CARLSBAD WATERSHED MANAGEMENT AREA (CWMA) PROGRAM IN AN AMOUNT OF $131,372. WHEREAS, the California Regional Water Quality Control Board San Diego Region issued National Pollutant Discharge Elimination System (NPDES) Order No. R9-2007-0001 and subsequent NPDES Order No. R9-2013-0001, as amended by NPDES Order Nos. R9-2015-0001 and R9-2015-0100 (Permit), to regulate discharges from municipal separate storm sewer systems in the San Diego region; and WHEREAS, Copermittees within the Carlsbad Watershed Management Area (CWMA) consist of the following jurisdictions, collectively known as the CWMA Copermittees: County of San Diego and incorporated cities of Carlsbad, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach and Vista; and WHEREAS, the CWMA Copermittees are required by the Permit to cooperate in implementation of a Water Quality Improvement Plan (WQIP), and submit a WQIP Annual Report each year; and WHEREAS, City of Carlsbad staff agreed to provide contract management services as the Principal Watershed Copermittee for the CWMA; and WHEREAS, on Aug. 20, 2019, the City Council, through Resolution No. 2019-142, authorized execution of a professional services agreement with Mikhail Ogawa Engineering, Inc. (Agreement), for total contract costs for fiscal year (FY) 2019-20 of $117,000; and WHEREAS, the initial term of the Agreement was one year commencing upon Aug. 20, 2019, with the option to amend the Agreement to extend the term for up to five additional one-year periods for a total term of up to six years; and WHEREAS, both parties wish to extend the Agreement for one additional one year and increase the total costs for FY 2020-21 to $131,372; and WHEREAS, on June 25, 2019, the City Council, through Resolution No. 2019-107, authorized the Mayor to execute the fourth amended NPDES San Diego Regional Stormwater Copermittees Memorandum of Understanding 2019 (Regional MOU); and July 14, 2020 Item #9 Page 5 of 10 WHEREAS, as the Principal Watershed Copermittee, the city will collect an additional non- refundable administrative fee from each CWMA Copermittee equal to 5% of the total contract costs, with the total agreed-upon cost as $131,372 for FY 2020-21; and WHEREAS, staff is requesting that the $113,739 collected from the CWMA Copermittees under the Regional MOU be appropriated to the Watershed Protection Division budget to fund contract expenditures; and WHEREAS, the City of Carlsbad's proportionate share of costs for FY 2020-21 is $23,049, which is included in the Watershed Protection Division FY 2020-21 budget. 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. The Mayor is hereby authorized and directed to execute Amendment No. 1 to the professional services agreement with Mikhail Ogawa Engineering, Inc., attached hereto as Attachment A. 3. That the City Manager is authorized to execute amendments to the Agreement to extend the term for five additional one-year terms, or parts thereof, in an amount not to exceed $131,372. 4. Each additional one-year amendment may increase the not-to-exceed amount by up to 15% if (a) all work and materials subject to the amendment are within the scope of services of the Agreement and amendment, and (b) if both parties agree to such percentage increase. 5. The deputy city manager, administrative services, or designee is authorized to appropriate revenue of $113,739 for FY 2020-21 to be collected via the Regional MOU to the Watershed Protection fund, and appropriate revenue collected via the Regional MOU to the Watershed Protection fund in future years in which the city serves as Principal Watershed Copermittee. July 14, 2020 Item #9 Page 6 of 10 MATT HALL, Mayor ENGLES ity C erk PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of July 2020, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. (SEAL) %%001111111111/N1/4 .?;ZP oi • 0 - July 14, 2020 Item #9 Page 7 of 10 DocuSign Envelope ID: 4C75CE10-28BF-4205-96BD-F1C788C6C4A5 PSA19-809ENV AMENDMENT NO.1 TO EXTEND AND AMEND THE AGREEMENT FOR CARLSBAD WATERSHED MANAGEMENT AREA WATER QUALITY IMPROVEMENT PLAN (WQIP) COORDINATION AND ANNUAL REPORT SERVICES MIKHAIL OGAWA ENGINEERING, INC. This Amendment No.1 is entered into and effective as of the 15th day of July , 2020, extending and amending the agreement dated August 21, 2019, (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Mikhail Ogawa Engineering, Inc., ("Contractor") (collectively, the "Parties") for Carlsbad WQIP Coordination and Annual Report services. RECITALS A. The Parties desire to alter the Agreement's scope of work to include additional miscellaneous tasks for the Carlsbad Water Quality Improvement Plan Coordination and Annual Report; and B. The Parties desire to extend the Agreement for a period of one (1) year and amend the not-to-exceed amount as described below; and C. 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 Schedule. 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 annual Agreement amount shall not exceed one hundred thirty-one thousand three hundred seventy-two dollars ($131,372). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed fourteen thousand, three hundred seventy-two dollars ($14,372). 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. Each additional one-year amendment may increase the not-to-exceed amount by up to fifteen percent if (1) all work and materials subject to the amendment are within the scope of services of the Agreement and amendment, and (2) if both parties agree to such percentage increase. 4. Contractor will complete all work described in Exhibit "A" by August 19, 2021. 5. All other provisions of the Agreement, as may have been amended from time to time will remain in full force and effect. /II City Attorney Approved Version 1/30/13 July 14, 2020 Item #9 Page 8 of 10 DocuSign Envelope ID: 4C75CE10-28BF-4205-96BD-F1C788C6C4A5 PSA19-809ENV 6. 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. 7. 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 CITY OF CARLSBAD, a municipal corporation of the State of California By: By.evalV/il. Matt Hall, Mayor Mikhail Ogawa / President & Secretary (print name/title) ATTEST: By: 6111 61-14.91a. (sign here) bara Engle on, City Clerk Kelly Ogawa / Vice-President (print name/title) 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 Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: CELIA A. BREWER, City Attorney BY: Assistant City Attorney City Attorney Approved Version 1/30/13 2 MIKHAIL OGAWA ENGINEERING, INC., a California corporation 11116.41 6t (Asiii;n here) July 14, 2020 Item #9 Page 9 of 10 DocuSign Envelope ID: 4C75CE10-28BF-4205-96BD-F1C788C6C4A5 PSA19-809ENV Exhibit "A" 6 Cost Estimate (Submitted Separately) The tables below are the completed Attachment 1 - Cost Estimate Worksheet from RFP19-781ENV. The tasks and sub-tasks are itemized for ease of review. The grand total cost estimate for tasks 1, 2 and 4 is $87,094 without the miscellaneous activities task 3 included. The grand total cost estimate with Task 3 Miscellaneous Activities included is $131,372. 'Cost Estimate Work Item Total Staff Hours Total Labor Costs Total Reimbursable Total Costs Task 1 - WQIP Annual Report WQIP AR Development Project Schedule 2 $296 - $296 CWMA Copermittee Data and Info Requests, Collection, and Coordination 107 $14,467 - $14,467 WQIP Annual Report Draft 117 $15,357 - $15,357 WQIP Annual Report Final Draft 112 $14,912 - $14,912 WQIP Annual Report Final 77 $10,970 - $10,970 Subtotal Task 1 397 $56,002 - $56,002 Task 2- CWMA Copermittee Coordination WQIP Monthly Meetings attendance 72 $9,594 $360 $9,594 Management Meeting with Lead Copermittee (2 hrs/month) 24 $3,552 - $3,552 Meeting agendas, summaries 36 $5,328 - $5,328 Technical materials and documents for group 46 $6,218 - $6,218 Monthly link check - Regional Clearinghouse 8 $948 - $948 Coordination with RWQCB and stakeholders 24 $3,552 $3,552 Subtotal Task 2 180 $29,192 $360 $29,552 Task 3 - Miscellaneous Activities Miscellaneous Tasks - Recommended Not to Exceed Amount to be scoped and budgeted on a per task basis $44,278 Subtotal Task 3 $44,278 Task 4 - Contract Completion Submittal of electronic versions of documents developed as requested by Copermittees 12 $1,540 $1,540 Subtotal Task 4 12 $1,540 - $1,540 Subtotal w/out Miscellaneous Services $87,094 Subtotal w/ Miscellaneous Services $131,372 Subconsuitant List Subconsultant General Scope of Work Approximate % of Work of Total Proposed Wood • Annual Report Monitoring Data and Assessment Review • Miscellaneous Tasks 5% LWA • Annual Report Review • Miscellaneous Tasks 5°/0