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Home My WebLink About2021-06-08; City Council; Resolution 2021-129RESOLUTION NO. 2021-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO THE AGREEMENT WITH KIMLEY HORN & ASSOCIATES, INC. TO AMEND THE AGREEMENT IN AN AMOUNT NOT TO EXCEED $58,200 AND EXTEND THE AGREEMENT TERM BY ONE YEAR FOR ADDITIONAL DESIGN SERVICES AND AUTHORIZING AN APPROPRIATION OF $13,000 FROM THE INFRASTRUCTURE REPLACEMENT FUND FOR THE FLEET FUEL ISLAND UPGRADE, CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 4747 WHEREAS, on Dec. 14, 2020, the city entered into an Agreement with Kimley Horn & Associates, Inc. (KHA) to provide design services for the Fleet Fuel Island Upgrade, C1P Project No. 4747 (Project); and WHEREAS, on Dec. 22, 2020, the city entered into Amendment No. 1 to the Agreement with KHA, to revise the Agreement to include prevailing wage language for no additional fee or time extension; and WHEREAS, the city requested KHA incorporate additional design work into the scope of the Project; and WHEREAS, KHA has tendered a proposal for additional design services to incorporate additional fuel island upgrade work to comply with pending environmental regulations in an amount not to exceed $58,200 and to extend the agreement term by one year to June 14, 2023; and WHEREAS, City Council concurs that an additional appropriation of $13,000 from the Infrastructure Replacement Fund is appropriate at this time; and WHEREAS, the city planner has considered the potential environmental effects of the Agreement and determined that the Project is categorically exempt from environmental review pursuant to Article 19, Section 15301, Existing Facilities in that: (b) the project consists of publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services, and that no exception to the exemption, as set forth in CEQA Guidelines section 15301 applies. Il // June 8, 2021 Item #8 Page 5 of 10 MATT HALL, Mayor BARBARA ENGL 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 proposal submitted by KHA in an amount not to exceed $58,200, and to extend the agreement term by one year for additional design services for the Fleet Fuel Island Upgrade, cw Project No. 4747, is hereby accepted. 3.That the deputy city manager for administrative services is hereby authorized to appropriate $13,000 in Infrastructure Replacement Funds to the Project. 4.That Amendment No. 2 to the professional services agreement with KHA, Inc., for the Fleet Fuel Island Upgrade, CIP Project No. 4747, is hereby approved and the mayor is hereby authorized and directed to execute the Amendment attached hereto as Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of June, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. (SEAL) June 8, 2021 Item #8 Page 6 of 10 DocuSign Envelope ID: 00254A44-F92E-4F36-94C1-978727CE511E PSA21-1341FAC AMENDMENT NO. 2 TO AGREEMENT FOR FLEET FUEL ISLAND UNDERGROUND STORAGE TANK (UST) REPLACEMENT PROJECT SERVICES KIMLEY-HORN & ASSOCIATES, INC. This Amendment No. 2 is entered into and effective as of the 8th day of June , 2021, extending and amending the agreement dated December 14, 2020 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Kimley-Horn & Associates, Inc., a North Carolina corporation ("Contractor") (collectively, the "Parties") for the Fleet Fuel Island Underground Storage Tank (UST) Replacement Project Services. RECITALS A.On Dec. 22, 2020, the Parties executed Amendment No. 1 to the Agreement to add prevailing wage language to the agreement in accordance with the Director of Industrial Relations (DIR) requirements; and B.The Parties desire to alter the Agreement's scope of work to add canopy design services for the fuel island, inclusive, of architectural design and structural, mechanical and electrical engineering services for canopy, with footing, downlights and solar array on top of the canopy; and C.The Parties desire to extend the Agreement for a period of one (1) year; and D.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. 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, invoiced against on a time and material basis inclusive of all reimbursable expenses, shall not exceed one hundred forty-six thousand seven hundred forty-five dollars ($146,745). 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 fifty-eight thousand two hundred dollars ($58,200). 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 June 14, 2023. 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 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 June 8, 2021 Item #8 Page 7 of 10 BY: DocuSign Envelope ID: DD254A44-F92E-4F36-94C1-978727CE511E PSA21-1341FAC 6. 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, KIMLEY-HORN & ASSOCIATES, INC., a North Carolina corporation By: (sign here) Dennis Landaal, Senior Vice-President (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Matt Hall, Mayor ATTEST: By: (sign here) (print name/title) We:a- Z 7 g, 7/Pia/fr., 60' for Barbara Engleson, 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 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 Assistant City Attorney City Attorney Approved Version 1/30/13 2 June 8, 2021 Item #8 Page 8 of 10 DocuSign Envelope ID: DD254A44-F92E-4F36-94C1-978727CE511E PSA21-1341FAC EXHIBIT "A" SCOPE OF SERVICES AND FEE Task 5.1 Task 5.2 Task 5.3 Fuel Canopy Design Mechanical and Electrical Engineering Supplemental Geotechnical Engineering TOTAL NOT-TO-EXCEED FOR AMENDMENT NO. 2 (Tasks to be billed against on time and material basis) $19,800 .$37;000 $1,400 $58,200 AMENDED CONTACT MAXIMUM VALUE $146,745 City Attorney Approved Version 1/30/13 3 June 8, 2021 Item #8 Page 9 of 10 DocuSign Envelope ID: DD254A44-F92E-4F36-9401-978727CE511E PSA21-1341 FAO Exhibit "A" (continued) Kimlep)Horn Kimley-Horn and Associates, Inc. Hourly Labor Rate Schedule Classification Rate , Analyst $135 Professional I $165 Senior Professional I $230 Principal $285 Project Support $165 Effective through June 30, 2021 Subject to annual adjustment thereafter Internal Reimbursable Expenses will be charged at 5% of Labor Billings External Reimbursable Expenses will be charged at 15% mark-up, or per the Contract Sub-Consultants will be billed per the Contract 401 B Street Suite 600, San Diego CA 92101 619 234 9411 kimley-horn.corn BROOPRODS.A.000 June 8, 2021 Item #8 Page 10 of 10