AGREEMENT NO. 2019-53A
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This First Amendment to Professional Services Agreement No. 2019-53 (Amendment) effective date of November 20, 2023, is entered into between the City of Camarillo, a general law city (Local Agency) and Kimley-Horn and Associates, Inc., a North Carolina corporation (Consultant), collectively referred to as the Parties.
Recitals.
A. The parties have entered into a written agreement entitled “Professional Services Agreement Number 2019-53” having an effective date of July 24, 2019 (Agreement) to provide for certain professional services in the amount of $444,829.41 as outlined in Exhibit A of Agreement from Consultant.
B. All capitalized terms not defined in this Amendment have the meaning set forth in the Agreement.
C. The parties desire to modify the scope of work in accordance with Section
3.3 of the Agreement.
Section 1. Amendment. The Agreement is amended to add the following:
1. Additional “Scope of Services” of the Agreement is
amended to add the following:
Provide additional professional services in the amount of $62,154.78 as included in the proposal dated September 5, 2023, to provide additional design support services for Water Quality Treatment and Green Streets which includes conversion of the specifications to Caltrans format,
investigation and analysis of Green Streets and Permitting requirements, revised water treatment and channel design, and additional analysis required to support the permitting applications. See attached Exhibit A, Scope of Services.
The term of this Agreement will terminate on June 30, 2026.
Section 2. Compensation and Payment. First Amendment to Professional Services Agreement is for a not-to-exceed amount of $62,154.78 for services provided in proposal dated September 5, 2023, for a total agreement amount of $506,984.19.
Section 3. Continuation of Terms of Agreement. Except as expressly modified by the terms and provisions of this document, the remaining terms and provisions of the Agreement remain in full force and effect.
THE AUTHORIZED REPRESENTATIVES of the Parties have caused this First Amendment to Agreement No. 2019-53 to be executed as of the Effective Date.
CITY OF CAMARILLO
Greg Ramirez, City Manager
ATTEST:
Kristy Buxkemper, City Clerk
KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation
Sri Chakravarthy, Assistant Secretary
Robert Blume, Vice President
034018 12/31/2024 Camarillo Business Tax Certificate Number Expiration Date Attachments: Exhibit A, Scope of Services
kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 213 261 4040 September 5, 2023
Thang Tran
Public Works Department
City of Camarillo
601 Carmen Drive
Camarillo, CA 93010
RE: Pleasant Valley Road Bike Lanes ST-5006
Additional Scope of Services – Water Quality Treatment and Green Streets Understanding
The purpose of this letter is to request an amendment to the current contract to allow Kimley-Horn to provide additional services required to complete the Pleasant Valley Road Bike Lanes Project (Project) per the City’s direction in the letter dated August 23, 2023. The timing is critical as the design needs to be completed and permits submitted prior to submitting the Request for Authorization in December 2023. As the Project has progressed there have been additional scope items that have been required.
These additional scope changes include conversion of the specifications to Caltrans format, investigation and analysis of Green Streets and Permitting requirements, revised water treatment and channel design, and additional analysis required to support the permitting applications.
Part of the scope changes were due to the administration change in Washington, which caused a shift in guidelines and regulations concerning the ditch jurisdiction causing permitting guidelines to become more restrictive. As a result, the ditch along the north side of Pleasant Valley Road became a Waters of the US channel, which GPA initially reported that it was not considered Waters of the US. This reclassification impacted the design direction of the channel and the recommended water quality treatment approach and measures to be implemented.
Initially, Kimley-Horn obtained design approval from the City’s Water Quality Team on 4/13/2022 and addressed the City’s 95% comments and submitted the 100% project plans, specifications and estimate to the City on 9/8/2022. At which point, the channel design plans, and design was altered by the City and multiple Water Quality and Permitting meetings were held to change the direction of the design.
Through the course of those meetings and final determination by the City as provided in the 8/23/2023 letter, the City has elected to install (18) 4 x 8 modular wetlands to fulfill the water treatment and Green Streets criteria. The City has provided this written direction for design approval and installation of the modular wetlands. Since the manufacturer was not recommending this scenario, the City will not be getting the manufacturer’s warranty for this installation.
As a result of the above project development, we have provided additional scope of services for your consideration.
Scope of Services
The following Tasks will be performed to provide additional support for the Plans, Specification, and Estimate package for construction.
EXHIBIT A
CC Agreement 2019-53A
kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 213 261 4040 Task 1: Specifications
Task 1.1 Specification Conversion (National Highway System) The scope of this work is to convert the roadway specifications from Greenbook standards to Caltrans Standards. The draft 100% specifications were completed in Greenbook format, however since then, Caltrans has reinforced that all plans and specifications for roadways on the National Highway System be completed in Caltrans format. Kimley-Horn will prepare project technical specifications in Microsoft Word format for incorporation into the City’s boilerplate.
Deliverables:Final specifications in Caltrans format.
Task 1.2 Specification Updates Attributed to Design Changes The scope of this work is to update the 100% Project Specifications to reflect the design changes as described in Task 2, including the addition of modular wetlands.
Task 2: Green Streets Post 100% Design Analysis
Task 2.1 Water Quality and Permitting Meetings
The team attended the following water quality scope meetings with the City and Water Quality team following water quality design approval on 4/13/2022.
04/13/2022 Meeting with City and Water Quality Team
10/27/2022 Meeting with City and Water Quality Team
11/30/2022 Meeting with City and Water Quality Team
04/26/2023 Meeting with City and Water Quality Team
06/01/2023 Meeting with City and Water Quality Team
As a result of these meetings, Kimley-Horn analyzed multiple scenarios and provided details and summaries to gain City acceptance. Task 2.2 summarizes these efforts.
Task 2.2 Water Quality and Permitting Analyses and Design The team held meetings with the City and Water Quality Group on 10/27/22 and 11/30/22 to discuss the infiltration trench, assess suitable pretreatment options, and the best implementation for Green Streets. Following these meetings, Kimley-Horn conducted extensive research on innovative pretreatment and feasible Green Streets solutions and explored options related to ditch pre-treatment and non-concrete ditch lining alternatives. The team examined design sections with and without the infiltration trench and coordinated with vendors for fabric and GeoWeb lining applications. The findings of these investigations were included in the memorandum submitted on 1/16/23, which also compared the cost implications of concrete-lined channels versus high-performance mat or GeoWeb lined channels.
CC Agreement 2019-53A
kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 213 261 4040 On 4/26/23, a meeting was held with the City to discuss permitting requirements. During this meeting, the City confirmed that processing the permits under Waters of the US jurisdiction was the correct approach and requested all treatment options within the channel be eliminated. The City also reviewed the Green Street options presented in the 1/16/23 memo and requested alternative options be explored.
Per the City’s direction, Kimley-Horn conducted additional research on Filterra/modular wetlands and permeable pavement, submitting an additional memorandum to the City on 5/19/23. The memorandum included a cost summary of the options presented.
After a meeting with the City and Water Quality team on 6/1/2023, Kimley-Horn submitted a final memorandum to the City on 6/6/2023. This memorandum provided detailed information on all studied Green Streets options and conducted an in-depth assessment of Modular Wetlands and Permeable Pavement. A cost summary of the options was included alongside the memorandum.
The City has decided to proceed with the Modular Wetland Options along with a concrete-lined channel and possibly the inclusion of native vegetation at the bottom of the channel. The City issued a letter authorizing the incorporation of modular wetlands and will accept maintenance responsibility of the proposed design related to manufacturers recommendations. Irrigation is not included in this design scenarios and the City will determine the best way to maintain vegetation planted along the corridor in the Modular Wetlands. Kimley-Horn will incorporate these changes into the Final Plans, providing Modular Wetland details, landscape details, and revised channel cross-sections and transitions accordingly. Additionally, plan callouts, specifications, and estimates will be updated to reflect the design modifications described above. Coordination with Contech will be carried out by the Team to confirm proposed locations, sizes, and custom modular wetland design. It is anticipated that a custom modular wetlands design will be required to meet the falling head requirement, as discussed in the 6/6/2023 Green Streets Memorandum and per previous discussions with the manufacturer. The City will work with the manufacturer on best maintenance practices for this installation.
Task 2.3 Landscaping Services
Kimley-Horn will provide landscape architecture services to select planting material for modular wetlands. Planting selection will include limits of planting, plant types, quantities, size, details, and notes. All proposed plantings will comply with the State's Water Efficiency, Ordinance. No irrigation will be provided beyond the plant establishment term in the construction contract.
Task 3: Permitting Support
Task 3.1 1602 Permit Support
On 1/5/23, GPA informed Kimley-Horn that the California Department of Fish and Wildlife changed the way it defined “projects” on the 1602 Permit application and that once a design decision was reached, the 1602 Permit Application would need to be revised and broken down into smaller “projects.”
Due to the change, Kimley-Horn will support the permit application by revising the quantities, cost, written description, and list of equipment used per the following breakdown:
·Excavation and grading in the north channel (1 project) ·Lining north channel (1 project)
·Culvert replacement for driveways (9 projects)
CC Agreement 2019-53A
kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 213 261 4040 Labor
The services will be provided on a time and materials basis with a not to exceed total amount of $62,154.78. This fee can be broken down as follows:
LABOR TASKS
Task 1 – Specifications
Task 2 – Green Streets
Task 3 – Permitting Support
Other Direct Costs
Total:
FEE
$15,497.44
$30,096.06
$16,536.80
$24.48
$62,154.78
We appreciate the opportunity to provide these services to you. Please contact me if you have any questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Robert D. Blume, P.E. Yiota Georgalis, P.E.
Project Manager/Vice President Design Lead/Asst Project Manager CC Agreement 2019-53A
City of Camarillo
Kimley‐Horn and Associates, Inc.
Name Bob Blume Yiota Georgalis Freddy Quijada
Category/Title
PIC, Project
Manager Professional Analyst
Direct Rate $104.69 $62.60 $48 .00 $30.28
Billing Rate $340.00 $203.30 $155.89 $98.35
Task 1 Specifications 4 40 36 4 84 $ 15,497.44
1.1 2 24 16 2 44 $ 8,250.14
1.2 2 16 20 2 40 $ 7,247.30
Task 2 Green Streets 10 64 84 6 164 $ 30,096.06
2.1 6 16 22 $ 5,292.80
2.2 2 40 60 4 106 $ 18,558.80
2.3 2 8 24 2 36 $ 6,244.46
Task 3 Permitting Support 6 32 50 2 90 $ 16,536.80
3.1 6 32 50 2 90 $ 16,536.80
TOTAL HOURS: 20 136 170 12 338
Project Subtotal Labor: 6,800.00 $ 27,648.80 $ 26,501.30 $ 1,180.20 $ $ 62,130.30 Other Direct Costs $24.48
Labor Escalation
Travel/Mileage $ 24.48
Potholing Allowance $ ‐
Traffic Control $ ‐
Outside Printing $‐
Courier/Fed Ex/Etc.
$ ‐
TOTAL COST: $ 62,154.78
Billing Rate Equation
Original Billing Rate: (Without Fixed Fee)
Billing Rate = [Actual Labor Cost + (Actual Labor Cost * Indirect Costs of 195.24%)] Revised Billing Rate:
Billing Rate = [Actual Labor Cost + (Actual Labor Cost * Indirect Costs of 195.24%)] * 1.1 (Profit of 10%) Pleasant Valley Road Bike Lanes ST‐5006
Clerical
Specification Conversion
Specification Updates
Water Quality and Permitting Meetings
Water Quality and Permitting Analyses and Design
Landscaping Services
Permitting Support
CC Agreement 2019-53A