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Home My WebLink About08 C39140 CA1 Establishmnt of Speed Zones CW 590-02 STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: January 28, 2021 PREPARED BY: Randy Bowman, Senior Project Manager REQUEST: Approve Amendment No. 1 to Contract No. C39140 with TJKM Transportation Consultants of Pleasanton, California, for Engineering and Traffic Services for Establishment of Speed Zones Citywide to extend the contract Recommendation By Minute Motion: 1. Approve Amendment No. 1 to Contract No. C39140 with TJKM Transportation Consultants for Engineering and Traffic Services for Establishment of Speed Zones Citywide to extend the contract until March 31, 2021; 2. Authorize the City Manager to execute said Amendment. Upon approval, funds will be available in Account No. 1104300-4301000, Prof- Architectural / Engineering account. Strateqic Plan This action has no direct effect on any one of the specific goals in the Strategic Plan. Backqround Analvsis The City Council awarded Contract No. C39140 to TJKM Transportation Consultants on November 14, 2019, for Engineering and Traffic Services for Establishment of Speed Zones Citywide in an amount of $90,625 for a contract term ending July 31, 2020. Progress on the project was delayed due to the impacts of COVID-19. Due to an administrative oversight, the contract was allowed to expire, yet, TJKM continued working past the expiration date. On December 10, 2020, the City Council held a First Reading of Ordinance 1361, which enacts the findings of the Engineering & Traffic Survey the consultant completed on November 23, 2020. January 18, 2021 - Staff Report Amendment No. 3 to Contract No. C39140 Page 2 of 2 Fiscal Analysis The contract was awarded in FY19/20 in the amount of $90,625. By July 31, 2020, the consultant expended $58,$85 with a remaining balance of$31,740. No additional funds are required with this motion. LEGAL REVIEW DEPT. REVIEW FINANCIAL ASSISTANT REVIEW CITY MANAGER N/A �� ga..,.�?�?. ?�?oozG .�ndy�'irestine Robert W. Hargreaves Andy Firestine City Attorney Tom Garcia, P.E. Janet M. Moore Assistant City Manager Director of Public Works Director of Finance Interim City Manager, R?ndy Bynder: Ra.�Lcl�y'B,y►u�e.r' APPLICANT: TJKM Transportation Consultants 4305 Hacienda Drive, Suite 550 Pleasanton, CA 94588 ATTACHMENTS: Amendment No. 1 to Contract C39140 CTTY COUNCILA,C�'iON APPROVED �� DF.NTFD RECEIVED OTHER MECTtNG DATE � — 2 g—' 2�2� AYES:Narni K�:jRna�hah. Nestand . ��rrf�n��ll �,�e(�y NOF,S: N�h� ABSi;NT: N��►� ARSTAfl�1: N he VF,RIFIF.D I3Y: l�/Sr5 Ori�inal on Filc with Cit�� C'lcrl:'s Office AMENDMENT NO. 1 TO ENGINEERING AND TRAFFIC SERVICES FOR ESTABLISHMENT OF SPEED ZONES CITYWIDE BETWEEN THE CITY OF PALM DESERT AND TJKM TRANSPORTATION CONSULTANTS Contract No. C39140 1. Parties and Date. This Amendment No. 1 to ENGINEERING AND TRAFFIC SERVICES FOR ESTABLISHMENT OF SPEED ZONES CITYWIDE is made and entered into as of this 28t" day of January, 2021, by and between the City of Palm Desert ("City") and TJKM Transportation Consultants, a California Corporation with its principal place of business at 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Aqreement. The City and Consultant have entered into an agreement entitled "ENGINEERING AND TRAFFIC SERVICES FOR ESTABLISHMENT OF SPEED ZONES CITYWIDE" dated November 14, 2019 ("Agreement" or "Contract") for the purpose of retaining the services of Consultant to provide ENGINEERING AND TRAFFIC SERVICES. 2.2 Amendment. The City and Consultant desire to amend the Agreement to extend the term of the contract. 2.3 Amendment Authoritv. This Amendment No. 1 is authorized pursuant to Section 3.6.14 of the Agreement. 3. Terms. 3.1 Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows: 3.1.2 Term. The term of this Agreement shall be from November 14, 2019 to March 31, 2021, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Continuinq Effect of Aqreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term "Agreement" or "Contract" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.4 Severabilitv. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of Contract No. C39140 which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 5 Revised 11-2-20 BBK 72500.00001\32445060.1 Contract No. C39140 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO ENGINEERING AND TRAFFIC SERVICES FOR ESTABLISHMENT OF SPEED ZONES CITYWIDE BETWEEN THE CITY OF PALM DESERT AND TJKM TRANSPORTATION CONSULTANTS IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the ENGINEERING AND TRAFFIC SERVICES FOR ESTABLISHMENT OF SPEED ZONES CITYWIDE as of the day and year first above written. CITY OF PALM DESERT TJKM TRANSPORTATION CONSULTANTS Approved By: Kathleen Kelly Signature Mayor Name Title Attested By: Grace L. Rocha Signature Acting City Clerk Name Approved As To Form: By: Title Best Best & Krieger LLP City Attorney Reviewed By: Tom Garcia, P.E. Director of Public Works Page 3 of 5 Revised 11-2-20 BBK 72500.00001\32445060.1 Contract No. C39140 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , 20_, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(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. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT � Individual � Corporate Officer Title(s) Title or Type of Document � Partner(s) � Limited � General Number of Pages � Attorney-In-Fact � Trustee(s) � Guardian/Conservator Date of Document � Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Page 4 of 5 Revised 11-2-20 BBK 72500.00001\32445060.1 Contract No. C39140 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , 20_, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(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. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT � Individual � Corporate Officer Title(s) Title or Type of Document � Partner(s) � Limited � General Number of Pages � Attorney-In-Fact � Trustee(s) � Guardian/Conservator Date of Document � Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Page 5 of 5 Revised 11-2-20 BBK 72500.00001\32445060.1