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HomeMy WebLinkAbout3/7/2018 - STAFF REPORTS - 1.D. QALAI sA4 iy ti c {J N c°�rFoaN�P City Council Staff Report DATE: March 7, 2018 CONSENT CALENDAR SUBJECT: APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL CIVIL ENGINEERING SERVICES, AND AUTHORIZE A PURCHASE ORDER WITH HARRIS & ASSOCIATES FOR ON-CALL PROJECT MANAGEMENT AND ENGINEERING COORDINATION ON VARIOUS PUBLIC WORKS PROJECTS (A6444) FROM: David H. Ready, City Manager BY: Engineering Services Department SUMMARY The City's Engineering Services Department recently lost its two Senior Civil Engineer employees to promotions and transfers to other cities. Approval of this item will: 1) amend the on-call agreement with Harris & Associates to extend the term an additional two years; and 2) authorize issuance of a Purchase Order on a "pass through" basis to provide additional staff resources to the Engineering Services Department for as needed project management and engineering coordination on various City public works projects. RECOMMENDATION: 1) Approve Amendment No. 1 to Professional Services Agreement No. 6444 with Harris & Associates, Inc., a California corporation, extending the term by two years; 2) Authorize the issuance of a Purchase Order in an amount sufficient to cover the costs of required services pursuant to On-Call Agreement No. 6444 on a "pass through" basis, with funds received for Federal, State, Regional, and Locally funded capital projects to Harris & Associates, Inc., for the duration of their On-Call Agreement for On-Call civil,engineering and project management services; and 3) Authorize the City Managet to execute all necessary documents. n EM NO. „_ City Council Staff Report March 7, 2018- Page 2 Amendment No. 1 to A6444 Authorize Purchase Order to Harris&Associates BUSINESS PRINCIPAL DISCLOSURE: A search of records available through the Secretary of State of California shows that Amended and Restated Articles of Incorporation for Harris & Associates, a California corporation, were filed on August 29, 2007. A Statement of Information filed on June 22, 2017, identifies Lisa Larrabee as CEO/Secretary, and Steve Winchester as CFO. The Directors listed are: Lisa Larrabee, Ehab Gerges, Pat McCann, Cynthia Paul, and Robert Wilson. On August 1, 2012, Harris & Associates, Inc., became a 100% employee-owned stock ownership plan (ESOP), S Corporation. 100% ownership vests in the ESOP Trustee, serving as the legal shareholder for Harris & Associates. BACKGROUND: On November 6, 2013, the City Council approved an on-call agreement with Harris & Associates, Inc., for an initial term of three years, with two, one-year optional extensions. The agreement was executed on December 16, 2013, and the final one-year optional extension was approved by the City Manager. The on-call agreement expires on December 16, 2018. In December 2017 and February 2018, the City's two Senior Civil Engineer employees resigned to accept promotions and transfers to other cities. While the City conducts its recruitment efforts to replace these important positions, there is insufficient staffing available in the Engineering Services Department to effectively manage the volume of currently active public works projects. The Engineering Services Department coordinates delivery of public works projects that are funded from many types of sources. Projects may be funded from state and federal grants received from the Riverside County Transportation Commission (RCTC), Coachella Valley Association of Governments (CVAG), Air Quality Management District (AQMD), Agua Caliente Band of Cahuilla Indians (ACBCI), California Department of Transportation (Caltrans), Federal Highway Administration (FHWA), Community Development Block Grant (CDBG), Mobile Source Air Pollution Reduction Review Committee (MSRC), and other programs. In addition, the City Council appropriates funding for public works projects from various sources such as Gas Tax, Measure A, Measure, Airport, Wastewater, and General funds. The Engineering Services Department is currently staffed with three positions that are responsible for coordination and delivery of all of the City's various public works projects, which include the two vacant Senior Civil Engineer positions and one Associate Civil Engineer position. These key staff members are responsible for delivering an active list of public works projects with an estimated total cost $260 Million, as identified in the following lists. 02 City Council Staff Report March 7, 2018- Page 3 Amendment No. 1 to A6444 Authorize Purchase Order to Harris &Associates ACTIVE FEDERAL ,STATE, AND REGIONALLY FUNDED PROJECTS Proiect Cost Vista Chino Low Water Crossing Bridge $95,000,000 South Palm Canyon Bridge @ Arenas Channel $5,000,000 Indian Ave Bridge Replacement @ UPRR $20,000,000 Ramon Road Bridge @ Whitewater Channel $28,500,000 Bogert Trail Bridge @ Palm Canyon Wash $5,000,000 South Palm Canyon Bridge @ Tahquitz Creek $6,200,000 East Palm Canyon Bridge @ Palm Canyon Wash $6,000,000 Traffic Management Center/Traffic Signal Synchronization Project $2,500,000 AQMD Citywide Solar Projects $8,000,000 Second Left Turn Lane on Gene Autry Trail @ Vista Chino $350,000 CMAQ Grant (Bike Lane Project) $500,000 Tahquitz Creek Levee $1,200,000 HSIP Cycle 7 Grant (Traffic Signal Improvements) $3,250,000 HSIP Cycle 8 Grant (Traffic Signal Improvements) $2,800,000 Annual Slurry Seal $1,600,000 Annual Curb and Gutter Repairs $50,000 Annual Bridge Repairs $100,000 CDBG Grant ADA Curb Ramp and Library Sidewalk $134,000 SB821 Grant (Indian Cyn, Racquet Club/Farrell, Sidewalk Improvements) $700,000 CVAG Bicycle and Pedestrian Safety Grants $9,000,000 Indian Canyon Drive Two Way Conversion $3,500,00 Traffic Signal at Via Miraleste and Vista Chino $500,000 Traffic Signal at Via Escuela and North Palm Canyon $500,000 Dunn Road Remediation $418,000 North Palm Canyon Crosswalks $430,000 Walkability Plan (Non-Infrastructure) $250,000 San Rafael Widening (Virginia to Indian) $3,500,000 Village Fest Safety Bollards $400,000 Subtotal $201,882,000 ACTIVE WASTEWATER TREATMENT PLANT (WWTP) PROJECTS Biogas to Energy $5,000,000 WWTP Upgrade $35,000,000 Subtotal $4020009000 ACTIVE MEASURE J PROJECTS Citywide Pavement Rehabilitation Project $3,000,000 Non-Motorized Transportation Projects $600,000 HotSpots 1.0 Community Projects $2,700,000 03 City Council Staff Report March 7, 2018- Page 4 Amendment No. 1 to A6444 Authorize Purchase Order to Harris &Associates Cornelia White House Improvements $300,000 Keyless Entry System $150,000 Roof Replacement $650,000 Emergency Alerting System — All Fire Stations $100,000 Swim Center Replaster and Pool Repair $430,000 Police Station Remodel $3,500,000 Alejo/Belardo Church Parking Lot $400,000 Uptown Treewell and Electrical Backbone Installation $1,000,000 Library Remodel $625,000 Subtotal $13,455,000 ACTIVE GENERAL FUND PROJECTS Fire Station #4 Rehabilitation $3,500,000 Subtotal $3,500,000 Grand Total $258,837,000 ENVIRONMENTAL IMPACT: The requested City Council action is not a "Project' as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a "Project' means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is exempt from CEQA pursuant to Section 15378(b), in that a "Project' does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. FISCAL IMPACT: The Engineering Services Department anticipates the need for on-call engineering support services. All costs incurred are paid from the various funding sources previously appropriated by City Council for each specific public works project the consultant will be assigned. No new or additional funding is required. 04 City Council Staff Report March 7, 2018- Page 5 Amendment No. 1 to A6444 Authorize Purchase Order to Harris &Associates SUBMITTED: Thomas Garcia, P.E. Marcus L. Fuller, MPA, P.E., P.L.S. City Engineer Assistant City Manager David H. Ready, Esq., P City Manager Attachment: 1. Amendment 05 ATTACHMENT 1 06 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT AGREEMENT No. 6444 "On-Call"Civil Engineering Services This Amendment No. 1 to the Professional Services Agreement (A6444), ("Amendment No. 1"), is made and entered into this day of , 2018, by and between the City of Palm Springs, a California charter city and municipal corporation, ("City"), and Harris & Associates, Inc., a California corporation, ("Consultant"). City and Consultant are individually referred to as "Party" and are collectively referred to as the "Parties." RECITALS A. City has determined that there is a need for As-Needed, "On-Call" Civil Engineering Services for a variety of future public works projects, (hereinafter the "Project"). B. On November 6, 2013, the City Council approved a Professional Services Agreement (A6444) with Consultant to provide As-Needed, "On-Call" Civil Engineering Services, with a maximum term of five (5) years. C. In December 2017 and February 2018, the City's two Senior Civil Engineer employees within the Engineering Services Department resigned their positions to accept promotions and transfers to other cities, resulting in a continuing need for Consultant's services. D. It is necessary to extend the term of Professional Services Agreement (A6444) with Consultant to provide As-Needed, "On-Call" Civil Engineering Services for a variety of future public works projects. E. City wishes to amend Professional Services Agreement (A6444) to extend the term an additional two (2) years to December 16, 2020, pursuant to this Amendment No. 1. In consideration of these promises and mutual agreements, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide services to the City as follows: AGREEMENT SECTION 1. The foregoing Recitals are true, correct, and incorporated by this reference herein as material terms relied upon by the Parties in agreeing to and executing this Amendment No. 1. SECTION 2. Section 3.4 Term is hereby amended as follows: The following sentence is hereby added: "The term of this Agreement is extended an additional two (2) years, to December 16, 2020." 07 SECTION 3. Section 9.3 Covenant Against Discrimination is hereby replaced in its entirety to read: In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. SECTION 4. Full Force and Effect. All terms, conditions, and provisions of the Professional Services Agreement (A6444), unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 1 and any provisions of the Professional Services Agreement (A6444), the provisions of this Amendment No. 1 shall in all respects govern and control. SECTION 5. Corporate Authority. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound. [SIGNATURES ON FOLLOWING PAGE] 08 IN WITNESS WHEREOF, the Parties have executed this Amendment No.1 as of the dates stated below. "CITY" City of Palm Springs Date: By: David H. Ready, City Manager APPROVED AS TO FORM: ATTEST: By: By: Edward Z. Kotkin, Anthony J Mejia, MMC City Attorney City Clerk "CONSULTANT" Harris & Associates, Inc., a California corporation Date: By: Signature Printed Name/Title Date: By: Signature Printed Name/Title Check one: _Individual _Partnership _Corporation Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. 09 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Caiifomia County o` _- _. I On before me,--k,�r, _. --fete risen Name aM itle of the Officer personally appeared N..mc,d o151pnegel who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that hP'sheRhey cxc:rxilcd the same in hislhoritheir authorized capacity(ies), and that by hisrner/their signature(s) on the instrument the person(s). or the entity upon behalf of which the persor(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. Sigmaturo _ _.—_-- Place tioury Seal Above ct Wnry P.,be_ OPTIONAL Though the rnfurmaftml baiow is not roqubuJ by row,It may prow valuubfu fo pursurs ru1prW on Me docur;ant arid cdud pravend fraudulani removal and reattachment of thm ii to annfhor J..V%rnanf. Description of Attached Document Tille w Type of Docwrect:_ Uccurnent Date: Number of Pages: _ SiyIcr(s)Other Than Namod Abovo: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Nerna: ___ - Individual ❑Indiv;dt.al 7 Corporate Officer Tltle(s): ❑Corporate Olfi(;mr—T,tle(s): 0 Partner—LLitriled Li General ❑Penner—_ Limited LOenaral © Attc-)ay in Fact Cl Attorney in Fact ytur r.ttNr� In'.:I II'u':' rvnn ❑ TI'USSP.P. Q'ftUS'CC , ❑ Guardian or Conservator ' ❑Guardian or Conserwito' ❑ Others— Othoc Signer Is ReprweMinU: Signer Is Representing: • z e,wr10]Wv"i Nour MAs wwnn•fima b R.-e,Ae.,P.O.ars 94M-Otal mh CA BI 3I3-210E-ww ,Nwtm dNoary.c% Ilene390' Rc.4jo yI TEA:rrvcl MM1fl7f PA"7 10