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HomeMy WebLinkAbout11 - On -Call Transportation�EWPR CITY OF T - z NEWPORT BEACH <,FoR�P City Council Staff Report August 8, 2017 Agenda Item No. 11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Antony Brine, City Traffic Engineer tbrine@newportbeachca.gov PHONE: 949-644-3329 TITLE: Approval of Amendment Agreement with Willdan Engineering Staff Services ABSTRACT - No. 1 to the Professional Services Engineering for On -Call Transportation On April 1, 2016, the City entered into a Professional Services Agreement with Willdan Engineering for On -Call Professional Services to provide as -needed staff augmentation for the Transportation Division of the Public Works Department. On-going traffic and transportation projects necessitate a continuation of the agreement. RECOMMENDATION: a) Determine that the action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and b) Approve Amendment No. 1 to the current Professional Services Agreement with Willdan Engineering for on-call Transportation Engineering Staff Services. Add $150,000 to the agreement and authorize the Mayor and City Clerk to execute Amendment No. 1 of the Agreement. FUNDING REQUIREMENTS: Sufficient funds are available in the Transportation Division Professional Services Account No. 0108012-811008. Funds for services to be performed in subsequent fiscal years will be appropriated annually as needed through the normal budget process. Approval of Amendment No. 1 to the Professional Services Agreement with Willdan Engineering for On -Call Transportation Engineering Staff Services August 8, 2017 Page 2 DISCUSSION: The City entered into an On -Call Professional Services Agreement with Willdan Engineering on April 1, 2016 to provide as -needed staff augmentation for the Transportation Division of the Public Works Department. The scope of services in the agreement include preparation/review of traffic signing and striping plans, construction traffic control plans, traffic signal plans, review of resident requests, and support for Public Works capital improvement projects. The on-call scope of services would remain the same. Services are provided on an hourly basis and remain competitive and favorable to the City. The contractual compensation limits of the current agreement will soon be reached, therefore, agreement terms need to be amended to accommodate the extension of work. The Transportation Division's list of work items continues to increase. Contractual consultant assistance assists staff in their efforts on important neighborhood traffic studies, capital improvement projects and the development of new traffic signal system enhancements. Having contract staff is key to the success of the division. Staff recommends the not -to -exceed agreement amount be increased by an additional $150,000, bringing the new total agreement cap to $270,000. The annual professional services budget allocations are sufficient for the anticipated work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Amendment No. 1 with Willdan Engineering 11-2 ATTACHMENT A AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING FOR STAFF AUGMENTATION — PUBLIC WORKS TRANSPORTATION ENGINEERING STAFF SERVICES THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 8th day of August, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and WILLDAN ENGINEERING, a California corporation ("Consultant"), whose address is 2401 East Katella Avenue, Suite 450, Anaheim, California 92806, and is made with reference to the following: RECITALS A. On April 1, 2016, City and Consultant entered into an On -Call Professional Services Agreement ("Agreement") to provide as -needed staff augmentation for the Transportation Division of the Public Works Department for engineering services ("Project"). B. The parties desire to enter into this Amendment No. One to increase the total compensation due to an increase in the volume of services needed to accomplish recent City Council directives, and to update independent contractor language under Section 10 of the Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section, the Letter Proposal, and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred Seventy Thousand Dollars and 00/100 ($270,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for the increase in Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Fifty Thousand Dollars and 00/100 ($150,000.00). 2. INDEPENDENT CONTRACTOR Section 10 of the Agreement is amended in its entirety and replaced with the following: 11-3 "10.1 It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 10.2 Consultant agrees and acknowledges that no individual performing Services or Work pursuant to this Agreement shall: work full-time for more than six (6) months; work regular part-time service of at least an average of twenty (20) hours per week for one year or longer; work nine hundred sixty (960) hours in any fiscal year; or already be a CaIPERS member." 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Willdan Engineering Page 2 11-4 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 7V/7 By: Aaron C. Harp u•� o��lr►- City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONSULTANT: Willdan Engineering, a California corpor tion Date:_ 7/ % B i( William Pagett Senior Vice President Date: OfficerChief Financial [END OF SIGNATURES] Willdan Engineering Page 3 11-5