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Home My WebLink About2024-09-10; City Council; ; Amendment to an Agreement with Glenn A. Rick Engineering Development and Company for the Drainage Master Plan UpdateCA Review GH Meeting Date: Sept. 10, 2024 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Hossein Ajideh, Engineering Manager hossein.ajideh@carlsbadca.gov, 442-339-2756 Subject: Amendment to an Agreement with Glenn A. Rick Engineering Development and Company for the Drainage Master Plan Update Districts: All Recommended Action Adopt a resolution authorizing an amendment to an agreement with Glenn A. Rick Engineering Development and Company to extend the agreement term to update the Drainage Master Plan. Executive Summary/Explanation & Analysis The original City of Carlsbad Drainage Master Plan was adopted in 1980 with the goal of assessing the performance of existing storm drain infrastructure, identifying anticipated drainage infrastructure needs and developing a funding mechanism to ensure construction of these planned facilities. The plan is updated from time to time to reflect changes in city growth, construction costs, general plan, drainage standards and environmental regulations. The City Council authorized an agreement with Glenn A. Rick Engineering Development and Company on Sept. 17, 2019, to update the Drainage Master Plan as part of Capital Improvement Program Project No. 6623 (Resolution No. 2019-177). The term of the agreement was for three years, with the City Manager authorized to extend it with two additional one-year periods. The City Manager extended the agreement, and it is scheduled to expire on Sept. 16, 2024. The Drainage Master Plan Update still requires additional technical analyses, which are expected to be completed by mid-2025. The City Council is being asked to approve an amendment to the agreement to extend the agreement term until Sept. 16, 2025. This will provide sufficient time to complete this project. Staff also request that the City Manager be authorized to amend the agreement to extend the term for an additional one-year period and amend the compensation for an additional $100,000, as may be needed to complete the project. City Council authorization is required to amend an agreement that costs more than $100,000 per agreement year under Carlsbad Municipal Code Section 3.28.040 - Procurement and disposition responsibilities (D)(1). Sept. 10, 2024 Item #4 Page 1 of 7 Fiscal Analysis There is no additional appropriation requested for this project at this time. Drainage Master Plan Update Capital Improvement Program Project No. 6623 Total appropriation to date $1,281,000 Total expenditures/encumbrances to date -$1,119,098 Total available balance $161,903 Professional services amendment -$100,000 Total estimated project costs -$100,000 Remaining balance $61,903 Next Steps Upon the City Council’s approval, staff will process the agreement amendment with Rick Engineering and continue to work on the Drainage Master Plan update. Staff expect to return to the City Council to present the updated Drainage Master Plan for approval in fall 2025. Environmental Evaluation This action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment. Exhibit 1.City Council resolution Sept. 10, 2024 Item #4 Page 2 of 7 RESOLUTION NO. 2024-211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, AUTHORIZING AN AMENDMENT TO AN AGREEMENT WITH GLENN A. RICK ENGINEERING DEVELOPMENT AND COMPANY TO EXTEND THE AGREEMENT TERM TO UPDATE THE DRAINAGE MASTER PLAN WHEREAS, on Sept. 17, 2019, the City Council adopted Resolution No. 2019-177, authorizing an agreement with Glenn A. Rick Engineering Development and Company to update the Drainage Master Plan, as part of Capital Improvement Program, or CIP, Project No. 6623; and WHEREAS, the term of the agreement is for three years with the City Manager authorized to extend two additional one-year terms; and WHEREAS, the City Manager extended the agreement, which is scheduled to expire on Sept. 16, 2024;and WHEREAS, staff request a time extension until Sept. 16, 2025, to complete the update of the Drainage Master Plan; and WHEREAS, staff also request that the City Manager be authorized to extend the agreement an additional one-year period and to amend the agreement up to an additional $100,000, as needed to complete the project; and WHEREAS, City Council authorization is required to amend an agreement that costs more than $100,000 per agreement year under Carlsbad Municipal Code Section 3.28.040 -Procurement and disposition responsibilities (D)(l); and WHEREAS, the City Planner has determined that this action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment. 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 Mayor is authorized and directed to execute the Amendment to the Agreement with Glenn A. Rick Engineering Development and Company for the Drainage Mast er Plan Update Project, which is attached hereto as Attachment A. Sept. 10, 2024 Item #4 Page 3 of 7 Exhibit 1 Sept. 10, 2024 3. That the City Manager is authorized to extend the agreement an additional one-year period and amend the agreement up to an additional $100,000 as needed to complete the project. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of September, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, Mayor al- SHERRY FREISINGER, City Clerk (SEAL) Sept. 10, 2024 Item #4 Page 4 of 7 Docusign Envelope ID: E730ABA0-7CF8-402O-A665-C1 DCFDA4F12A AMENDMENT NO. 3 TO EXTEND AND AMEND THE AGREEMENT FOR CITY OF CARLSBAD DRAINAGE MASTER PLAN UPDATE PSA20-855TRAN GLENN A. RICK ENGINEERING & DEVELOPMENT CO. dba RICK ENGINEERING COMPANY This Amendment No. 3 is entered into and effective as of the l \1\.. day of -Sr p� U-V-, 2024, extending the agreement dated September 17, 2019 (the "Agreement") by and between the City of Carlsbad, California, a municipal corporation, ("City"), and Glenn A.Rick Engineering & Development Co., a California corporation, dba Rick Engineering Company("Contractor") (collectively, the "Parties") for civil engineering services. RECITALS A.On September 18, 2022, the Parties executed Amendment No. 1 to the Agreement to include revised Draft DMP and Final DMP and extended the Agreement for a period of one (1) year; and B.On March 21, 2023, the Parties executed Amendment No. 2 to the Agreement to includerevised feasibility analysis of Basin BJ considering the inclusion of a multi-family residential housing project and extended the Agreement for a period of one (1) year; and C.The Parties desire to extend the Agreement for a period of one (1) year; and to amend the indemnification obligation in the Agreement. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.The Agreement, as may have been amended from time to time, is hereby extended for aperiod of one (1) year ending on September 16, 2025. 2.Section 9 "INDEMNIFICATION" of the Agreement is hereby deleted in its entirety and replaced as follows: Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor's obligation to defend, indemnify, and/or hold harmless arises out of Contractor's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor's liability for such claim, including the cost to defend, shall not exceed the Contractor's proportionate percentage of fault. City Attorney Approved Version 5/22/2024 1 Attachment A Sept. 10, 2024 Item #4 Page 5 of 7 PSA20-855TRAN City Attorney Approved Version 5/22/2024 2 The parties expressly agree that any payment, attorneys fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 3.All other provisions of the Agreement, as may have been amended from time to time, shall 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, shall include coverage for this Amendment. 5.The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. [signatures on following page] Docusign Envelope ID: E730ABA0-7CF8-402D-A665-C1DCFDA4F12A Sept. 10, 2024 Item #4 Page 6 of 7 Docusign Envelope ID: E730ABA0-7CF8-402D-A665-C1DCFDA4F12A CONTRACTOR GLENN A. RICK ENGINEERING & DEVELOPMENT CO., a California corporation, dba RICK ENGINEERING COMPANY By: ~ ft~slit- (sign here) Brendan Hastie Associate Principal & Assistant Vice-President (print name/title} By: (sign here) (print name/title} PSA20-855TRAN CITY OF CARLSBAD, a municipal corporation of the State of California By: KEITH BLACKBURN, Mayor ATTEST: SHERRY FREISINGER, City Clerk If required by City, proper notarial acknowledgment of exec ution 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:_\,\,.A __ ~--~---- Assistant City Attorney City Attorney Approved Version 5/22/2024 3 Sept. 10, 2024 Item #4 Page 7 of 7