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HomeMy WebLinkAbout2017-05-23; City Council; Resolution 2017-094RESOLUTION NO. 2017-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE AMENDMENT OF EXISTING CITY OF CARLSBAD MASTER SERVICE AGREEMENTS FOR HORIZONTZAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES TO REDUCE THE TOTAL CONTRACT AMOUNTS FROM $3,200,000 TO $2,300,000. EXHIBIT 1 WHEREAS, the City Council of the City of Carlsbad, California awarded four City of Carlsbad Master Service Agreements for horizontal construction management and inspection services in the amount of $3,200,000; and WHEREAS, it is now necessary to reduce the total contract amounts from $3,200,000 to $2,300,000, in order to create three Carlsbad Municipal Water District Master Service Agreements for $300,000, or a total amount of $900,000; and WHEREAS, City Council approved sufficient funds with the fiscal year 2016-2017 Operating and CIP Budgets to cover the first agreement year; and WHEREAS, expenditures for these professional services in subsequent fiscal years are subject to availability of council approved funding from the Public Works Operating Budget and the city's Capital Improvement Program. 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 of Carlsbad is hereby authorized and directed to execute the Master Service Agreements attached hereto with Richard Brady & Associates (Attachment A.1), Butier Engineering, Inc. (Attachment A.2), and Kleinfelder-Simon Wong Engineering (Attachment A.3). 3. That the city manager is hereby authorized to execute amendments to extend the agreements for three additional one-year periods or parts thereof in an amount not to exceed $500,000 per year. PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Carlsbad Municipal Water District and the City Council of the City of Carlsbad on the 23rd day of May, 2017, by the following vote, to wit: AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. NOES: None. ABSENT: None. (SEAL) TRAN1477 AMENDMENT NO. 1 TO MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES BUTlER ENGINEERING, INC. ent No.1 is entered into and effective as of the ~Y of -----------:------1'---'-~~=->t-----' 20B:'amending the agreement dated September 29, 2016 (the "Agreement by a between the City of Carlsbad, a municipal corporation, ("City"), and BUTlER ENGINEE G, INC., ("Contractor") (collectively, the "Parties") for as-needed construction management and inspection services for civil engineering/horizontal projects. RECITALS A. The Parties desire to alter the Agreement's original scope of work to reduce the annual dollar amount of the Agreement by three hundred thousand dollars ($300,000) for a revised Agreement amount of five hundred thousand dollars ($500,000), and reduce subsequent extensions per the original Agreement by three hundred thousand dollars ($300,000); and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. 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 five hundred thousand dollars ($500,000). 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 five hundred thousand dollars ($500,000). 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. Contractor will complete all work described in Exhibit "A" by September 29,2017. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version 9/27/16 !Iliac h rr1 errJ A 3 TRAN1476 AMENDMENT NO. 1 TO MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES KLEINFELDER -SIMON WONG ENGINEERING This ndment No.1 is entered into and effective as of the ~ay of -----L......:.----\~~~------' 20...[2L amending the agreement dated September 29, 2016 (the "Agreement") b and between the City of Carlsbad, a municipal corporation, ("City"), and KLEINFELDER-S ON WONG ENGINEERING, ("Contractor") (collectively, the "Parties") for as-needed construction management and inspection services for civil engineering/horizontal projects. RECITALS A. The Parties desire to alter the Agreement's original scope of work to reduce the annual dollar amount of the Agreement by three hundred thousand dollars ($300,000) for a revised Agreement amount of five hundred thousand dollars ($500,000) and reduce subsequent extensions per the original Agreement by three hundred thousand dollars ($300,000); and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. 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 five hundred thousand dollars ($500,000). 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 five hundred thousand dollars ($500,000). 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. Contractor will complete all work described in Exhibit "A" by September 29, 2017. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version 9/27/16 1 Exhibit A EXHIBIT "A" SCOPE OF SERVICES Contractor shall perform as-needed horizontal construction management and inspection services in accordance with the city's Request for Qualifications with Fee Proposal dated April 20, 2016. The agreed upon billing rates for services outlined in said proposal are attached hereto. Any rate increases are subject to negotiation and approval by city staff. If the use of subcontractors is approved by the City, they shall be billed at cost plus 10%. City Attorney Approved Version 9/27/16 3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) on April 25, 2017 before me, Terri London, Notary Public (insert name and title of the officer) personally appeared Marc Mcintyre , who proved to me on the basis of satisfactory evidence to be the person~whose name.£sr®-ere- subscribed to the within instrument and acknowledged to me tha~y executed the same in 4Jltlber/their authorized capacity.(ieSf, and that bydii)/herAReir signature(s) on the instrument the perso~. or the entity upon behalf of which the person(s} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 'a· TERRI LYNN LONDON] Si ·.~~: Commission No.2148247 A If :e· ../ NQT/,RY PUBLIC-cALIFORNIA £! I ' .. SAN DIEGO COUNTY " ~v Somm Exp1res APRIL 2, 2020 (Seal) Signature--~--·.;__ _______ _