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