HomeMy WebLinkAboutReso 2024-034RESOLUTION NO. 2024-034
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 inspection 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, the 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, during 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, the City’s construction oversight and inspection of Developer-funded and
utility and telecommunication projects does not impact the City’s General Fund, but instead,
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
repairs, and substandard work practices, and as 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
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Resolution No. 2024-034
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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 expected to continue
through 2026; and
WHEREAS, on August 23, 2022, by Resolution No. 2022-193, Council approved the
Agreement with Kleinfelder for On-Call CIP Construction Management services (“Agreement”); and
WHEREAS, on August 8, 2023, by Resolution No. 2023-115, 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 services performed between
August 2022 and June 2024 and will exceed the maximum 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 amount 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 services 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
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 amount 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.
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Presented by Approved as to form by
William S. Valle, P.E. Jill D.S. Maland
Director of Engineering & Capital Projects Lounsbery Ferguson Altona & Peak
Acting City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of February 2024 by the following vote:
AYES: Councilmembers: Chavez, Gonzalez, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
John McCann, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2024-034 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 20th day of February 2024.
Executed this 20th day of February 2024.
Kerry K. Bigelow, MMC, City Clerk
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For
For