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HomeMy WebLinkAbout2015-11-03; City Council; 22122; Amendment 3 Agreement Kleinfelder, Bridge Railing Improvements Encina Discharge 6014 60531 CITY OF CARLSBAD - AGENDA BILL AB# 22,122 APPROVAL OF AMENDMENT NO. 3 TO AGREEMENT DEPT. DIREaOR MTG. 11-03-15 WiTH KLEINFELDER FOR PRELIMINARY ENGINEERING OF BRIDGE RAILING IMPROVEMENTS AT ENCINA DISCHARGE, PROJECT NOS. 6014 & 6053 CITYATTORNEY DEPT. PW-TRANS WiTH KLEINFELDER FOR PRELIMINARY ENGINEERING OF BRIDGE RAILING IMPROVEMENTS AT ENCINA DISCHARGE, PROJECT NOS. 6014 & 6053 CITY MANAGER RECOMMENDED ACTION; Adopt Resolution No. 2015-267 approving Amendment No. 3 to extend the Professional Services Agreement with Kleinfelder for preliminary engineering of bridge railing improvements at Encina Discharge, Project Nos. 6014 & 6053. ITEM EXPLANATION: On Nov. 27, 2012, the City Council adopted a resolution authorizing an Agreement with Kleinfelder in the amount of $112,373 to provide professional services for preliminary engineering for the west side bridge railing. At that time, Poseidon Resources was planning to proceed with the design and construction of the easterly bridge railing. The city project continued with permit requests through the California Coastal Commission for the west side only. This project included coordination with Caltrans and SDG&E to determine bridge ownership, coordination with Poseidon Resources, and special inspections from the Caltrans structural department for bridge integrity and structural reliability. On March 12, 2014, the city accepted a payment of $338,454.67 from Kiewit Shea Desalination (KSD) for design and construction ofthe barrier rail on the east side ofthe bridge. After receiving authorization from Caltrans Local Assistance to proceed with design ofthe east side ofthe bridge, a revised scope of work and fee was negotiated with Kleinfelder for this new component ofthe project. On Dec. 15, 2014, Amendment No. 2 was executed with Kleinfelder for professional service to include the railing on the east side of the bridge in the amount of $93,894. The current Agreement with Kleinfelder is set to expire on Nov. 26, 2015 and the city desires to amend this Agreement by extending it for two additional years to complete the preparation of construction plans, permits, applications, specifications and estimates for bidding purposes. Amendment No. 3 does not include any additional funding. DEPARTMENT CONTACT: Brandon Miles, 760-602-2745 Brandon.Miles@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUEDTO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Approval-Amendment No. 3 November 3, 2015 Page 2 of 2 ENVIRONMENTAL IMPACT: The project is exempt from California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301(d) - Existing Facilities - restoration or rehabilitation of existing facilities that re deteriorated or damaged and are required to meet current standards of public health and safety involving negligible or no expansion of use. A notice of exemption was filed with the San Diego County Clerk on June 4, 2012. Additionally, the project is excluded from the federal National Environmental Policy Act (NEPA) pursuant to a Caltrans NEPA determination made on Jan. 6, 2015, which indicates the project has no significant impacts or unusual circumstances. FISCAL IMPAa: This project utilizes federal funds and TransNet-Local funds, along with KSD funds for the east side of the bridge. No additional appropriations are requested at this time. EXHIBITS: 1. Resolution No. 2015-267 approving Amendment No. 3 to the Agreement with Kleinfelder, Inc. to provide professional services for preliminary engineering for the bridge railing improvements of Project Nos. 6014 & 6053. 2. Amendment No. 3 to Agreement for Professional Engineering Services with Kleinfelder, Inc. 3. Project Location Map. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2015-267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH KLEINFELDER FOR PRELIMINARY ENGINEERING OF BRIDGE RAILING IMPROVEMENTS AT ENCINA DISCHARGE, PROJECT NOS. 6014 & 6053. WHEREAS, the City Council of the City of Carlsbad, California, has determined it is necessary and in the public interest to approve Amendment No. 3 to the Professional Services Agreement with Kleinfelder, Inc., for preliminary engineering of bridge railing improvements at the Encina discharge channel; and WHEREAS, on Nov. 27, 2012, Council adopted a resolution authorizing an Agreement in the amount of $112,373 with Kleinfelder to provide professional services for preliminary engineering for the west side bridge railing; and WHEREAS, on May 6, 2013, the City entered into Amendment No. 1 to the Agreement with Kleinfelder, Inc., to include language to represent the Disadvantaged Business Enterprises Participation; and WHEREAS, on Dec. 15, 2014, the City entered into Amendment No. 2 to the Agreement with Kleinfelder, Inc., to include preliminary engineering ofthe east side railing, for a dollar amount of $93,894; and WHEREAS, the current Agreement expires on Nov. 29, 2015; and WHEREAS, funds have been appropriated using a combination of federal funds and TransNet-local match funds along with KSD funds, and sufficient funds are currently available. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. That the above recitations are true and correct. 2. That Amendment No. 3 with Kleinfelder will extend the Agreement for an additional two years and expire on Nov. 29, 2017. 3. That there are sufficient federal funds and TransNet-local funds available for this request. 4. That Amendment No. 3 to the Consultant Agreement with Kleinfelder, Inc., for engineering services for bridge railing improvements for Project Nos. 6014 & 6053, as described in the attached Agreement, is hereby approved and the Mayor is hereby authorized and directed to execute said Amendment. /// /// /// /// /// /// /// /// /// /// /// /// . /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 3'^'^ day of November, 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. BARBARA ENGLESON, Clerk TRAN955 AMENDMENT NO. 3 TO EXTEND THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE CARLSBAD BOULEVARD ENCINA DISCHARGE BRIDGE RAILING IMPROVEMENTS KLEINFELDER, INC. This Amendment No. 3 is entered into and effective as of the day of N0VCvr)t^xev^2-^ 2015, extending the agreement dated November 29, 2012 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Kleinfelder, inc., a California corporation ("Contractor") (coiiectively, the "Parties"). RECITALS A. On May 6, 2013, the Parties executed Amendment No. 1 to the Agreement to include the Disadvantaged Business Enterprises Participation language; and B. On December 15,. 2014 the Parties executed Amendment No. 2 to extend for a period of one (1) year and amend the Agreement to include additional engineering sen/ices ending November 29, 2015; and C. The Parties desire to extend the Agreement for a period of two (2) years ending November 29, 2017. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of two (2) years ending on November 29, 2017. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in fuil force and effect. 3. 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. /// /// /// /// /// /// /// City Attorney Approved Version 1/30/13 TRAN955 4. 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 Contractorto the terms and conditions of this Amendment. CONTRACTOR KLEINFELDER, INC., a California corporation By: Mark Creveling / Vice President (print name/title) (sjgn here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Matt Hall7 Mayor ATTEST: S^BARA ENGLE 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 Chainnan, 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: CELIA A. BREWER, City Attorney BY: _ Assistant-City Attorney City Attorney Approved Version 1/30/13 PLOTTED BV: SCOTT BVANS PLOT DArE:11/7/12 PATH:D:\TRANSPORTAVON DEPARmENT\LOCAVON UAPS\6014.DWG