C:\Program Files\eSCRIBE\TEMP\18323899309\18323899309,,,Resolution.docx RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECOND AMENDMENT
TO THE CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND KLEINFELDER
CONSTRUCTION SERVICES, INC. TO PROVIDE ON-CALL
CAPITAL IMPROVEMENT PROGRAM ( CIP)
CONSTRUCTION MANAGEMENT SERVICES
WHEREAS, the Department of Engineering and Capital Projects manages the preliminary engineering, design, construction management, and inspection of the City’s CIP and Developer - funded projects, and construction oversight and inspection of various permits including utility permits and telecommunication facility permits; and
WHEREAS, Kleinfelder Construction Services, Inc. (“Kleinfelder ”) assists with the construction management and inspect ion of capital improvement program (“CIP”) projects , developer-constructed roadway improvements and grading permits , and utility and telecommunication facility permits when workload exceeds the capacity of existing City staffing levels; and
WHEREAS, Kleinfelder, with City oversight, provides construction management and inspection of telecommunications facility permits associated with fiber network expansion projects by companies like Verizon/MCI, AT&T, Crown Castle and Wyyerd; and
WHEREAS, t he City made commitments to deliver capital improvements for infrastructure throughout Chula Vista which takes significant effort to plan, fund and construct , and due to the increases in funding associated with Measure P, Gas Tax , Transnet and grants, the CIP budgets in fiscal years 2022-23 and 2023-24 amounted to $117.1 million, with allocations of $50.5 million and $66.6 million, respectively; and
WHEREAS, d uring this time, Kleinfelder has provided construction management and inspection services for multiple CIP paving, traffic signal, sewer, and bridge replacement projects; and
WHEREAS, Developer-funded and utility and telecommunication permitted projects constructed in the City’s public right of way include the multi-year fiber optic system buildouts by Verizon/MCI, AT&T, Crown Castle and Wyyerd; and
WHEREAS, th e City’s construction oversight and inspection of Developer -funded and utility and telecommunication projects do es not impact the City’s General Fund but i nstead Developer deposit accounts are created and City and Consultant staff charges are billed to the deposit accounts and reimbursed by the Developers and telecommunication companies; and
WHEREAS, the fiber optic telecommunication companies pursued aggressive construction schedules which initially caused damage to private sewer laterals, inadequate public street trench Resolution No.
repairs, and substandard work practices and a s a result, the City increased its oversight and inspection of the fiber optic work by using a dedicated Kleinfelder resident engineer and additional inspectors to monitor the multiple work locations; and
WHEREAS, the increased oversight minimizes impacts to private residents and the City’s assets and infrastructure; and
WHEREAS, Kleinfelder has provided well qualified staff with experience and expertise and the City would like to maintain this level of consistent oversight and inspection for the duration of the various telecom companies fiber optic system buildouts, which is expec ted to continue through 2026; and
WHEREAS, on August 23, 2022, by Resolution No. 2022 -0193, Council approved the Agreement with Kleinfelder for On-Call CIP Construction Management services (“Agreement”); and
WHEREAS, on August 8, 2023, by Resolution No. 2023-0115, Council approved the First Amendment to the Agreement to increase the maximum allowable amount to be paid from $2,000,000 to $4,000,000 for services performed between August 2022 and June 2024 and increased the maximum allowable amount to be paid for services performed through June 30, 2027 to $7,000,000; and
WHEREAS, the City and Kleinfelder anticipate the performance of the CIP, Developer- funded, and utility and telecommunication projects oversight and inspection will require payment to Kleinfelder in excess of the maximum amount of $4,000,000 for servi ces performed between August 2022 and June 2024 , and will exceed the maximu m allowable amount to be paid for services performed through June 30, 2027 of $7,000,000 as set forth in the First Amendment; and
WHEREAS, the City and Kleinfelder anticipate the performance of the CIP, Developer- funded, and utility and telecommunication projects oversight and inspection will require payment to Kleinfelder in excess of the maximum amoun t of $1,000,000 for services performed between July 2024 and June 2025 as set forth in the original Agreement; and
WHEREAS, the City and Kleinfelder desire to amend the Agreement to provide additional on-call construction management and inspection servic es by increasing the maximum allowable amount to be paid from $4,000,000 to $7,000,000 for services performed between August 2022 and June 2024 , increasing the maximum allowable amount to be paid from $1,000,000 to $4,000,000 for services performed between July 2024 and June 2025, and increasing the maximum allowable amount to be paid for services performed through June 30, 2027 from $7,000,000 to $13,000,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Second Amendment to the Consultant Services Agreement between the City of Chula Vista and Kleinfelder, in the form presented, with such modification as the City Attorney may approve or require, to increase the maximum allowable amount to be paid from $4,000,000 to $7,000,000 for services performed between August 2022 and June 2024, increase the maximum Resolution No. _________
allowable amount to be paid from $1,000,000 to $4,000,000 for services performed between July 2024 and June 2025 , and increase the maximum allowable amo unt to be paid for services performed through June 30, 2027 from $7,000,000 to $13,000,000, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same.
Presented by
William S. Valle
Director of Engineering & Capital Projects
Approved as to form by
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney