HomeMy WebLinkAbout10 C40530 On-call Surveying-Engineering SvcsSTAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS
MEETING DATE: March 25, 2021
PREPARED BY: Christina Canales, Engineering Assistant
REQUEST: Ratify the City Manager’s authorization to amend Contract No.
C40530 with NV5 of Palm Desert, California, for On-Call City
Surveying Services and provide additional engineering services in an
amount not to exceed $50,000
___________________________________________________________________________
Recommendation
By Minute Motion:
1. Ratify the City Manager’s authorization to Contract No. C40530 with NV5, for
On-Call City Surveyor Services and provide additional engineering services in
an amount not to exceed $50,000; and,
2. Authorize the City Manager to approve amendments associated with Contract
No. C40520 (MBI) and C40530 (NV5) as needed, and the two additional one-
year extensions based on staff’s recommendations.
Funds are available in the Public Works Department budget and will be charged to
11043004301000 the Prof- Architectural / Engineering account.
Strategic Plan
This action has no direct effect on any one of the specific goals in the Strategic Plan.
Background Analysis
On September 24, 2020, the City Council awarded three-year contracts to Michael Baker
International (MBI) and NV5 for City Surveying for surveying and plan review services
commencing January 1, 2021. The contracts were for the aggregated annual amount of
$100,000.00; $85,000.00 was appropriated for MBI and $15,000.00 for NV5. Two
contracts were awarded so that the City would not have to rely on only one consultant to
perform the duties of City Surveyor and plan reviewer. The agreements allow the City to
automatically renew the contract for no more than two (2) additional one-year terms.
Palm Desert Municipal Code and various functions of the Public Works Department
requires that a California-registered Professional Engineer serves as the City Engineer.
The City Engineer staff position is presently vacant, and will continue to be vacant for an
indeterminate amount of time. The City Engineer role is crucial for the running of day to
March 25, 2021 - Staff Report
Amendment No. 1 to Contract No. C40530
Page 2 of 3
day operations within the Public Works Department. The City Engineer, among other
duties, approves plans, maps, land alterations, public improvements, and specifications
for Public Works Land Development and Capital Improvement Projects. Additionally, the
City Engineer position provides technical support to City staff performing duties in these
areas.
In order for the Public Works Department to continue its support of land development and
the delivery of Capital Improvement projects, on February 25, 2021, the City Council
approved a contract amendment for MBI to change the scope of the contract and include
City Engineering services in the amount of $50,000.00. NV5 also has qualified staffing
available to provide contractual City Engineer services to the City on an interim basis, in
addition to providing continued plan review and surveying services, staff requests to
amend the contract for NV5 to include City Engineering Services in the amount of
$50,000.00 through December 31, 2021. Said amount is based on an estimate of needing
contractual City Engineer services in the interim before Public Works hires a City
Engineer or Director of Public Works.
Fiscal Analysis
Although this cost was not included in the Fiscal Year 2020/21 Approved Budget for Public
Works, staff has calculated that savings in payroll and other contractual services under
1104300-PW Administration will help offset the additional funds.
Therefore, staff is not requesting an appropriation with this action.
FY 20/21 BUDGET AMOUNT
POTENTIAL
SAVINGS
C36801 MICHAEL BAKER 200,000$ $153,324 (thru 12/31/20)$46,676
PAYROLL (FY 20/21)1,550,000$ $1,250,000 (estimated)$300,000
TOTAL $346,676
2021 PROF SRVS
CONTRACTS
ANNUAL
AMOUNT
AMENDED
AMOUNT
C40520 MICHAEL BAKER 85,000$ 50,000$ (thru 06/30/21)$135,000
C40530 NV5 15,000$ 50,000$ (thru 12/31/21)$65,000
TOTAL 100,000$ 100,000$ $200,000
EXPENDITURES
AMENDMENT NO. 1
March 25 , 2021 -Staff Report
Amendment No . 1 to Contract No . C40530
Page 3 of 3
LEGAL REVIEW DEPT. REV IEW
.'A.nay _Jirestine
Robert W . Ha rgreaves Andy F irest ine
Ci t y Attorney Assis tant C ity Manage r
City Manager, L. Tod d Hileman :
L. Toc{c{ H H eVl,A.,CIV\,
CONS ULTAN T: NV5
FINANC IAL
REV IEW
9'""""eJt '111. '11'/aa,u,
Janet M. Moore
Directo r of Finance
42 -829 Cooke Street , Ste . 104
Palm Desert , CA 92211
ATTACHMENTS : Approved City Ma nager Memo
Amendme nt
CITY COUNCILA~TION
ASS ISTANT
CITY MANAGER
.'A.nay _Jirestine
Andy Fi restine
A ssis tant C ity Manag er
APPROVED _____ DENIED
RECEIVED OTHER -----
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CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
INTEROFFICE MEMORANDUM
To: L. Todd Hileman, City Manager
From: Christina Canales, Engineering Assistant
Date: March 10, 2021
Subject: Approve First Amendment for Contract No. C40530 for NV5
The City Engineer position is essential for the running of day to day operations within
the Public Works Department. The City Engineer, among other duties, approves plans,
maps, and specs, and approves the issuance of land alteration permits for the Land
Development and Capital Improvement Projects sections of the Public Works
Department.
On September 24, 2020 the City Council awarded a contract to Michael Baker
International (MBI) and a contract to NV5 for City Surveying and plan review services.
The contract was split with $85,000 appropriated for MBI and $15,000 for NV5. The
contract was split so that the City would not have to rely on one consultant to perform
theduties of City Surveyor and plan reviewer.
On February 25, 2021 the City Council approved a contract amendment for MBI in the
amount of $50,000 and a change in scope to the contract to include City Engineering
services. We would like to similarly amend the contract for NV5 to include City
Engineering Services and increase the amount of the contract by $50,000. Staff will
takethe contract amendment for NV5 to City Council for approval on March 25, 2021.
There is currently one grading plan from MBI that needs to be approved by the City
Engineer. I am requesting your approval to submit the grading plan to NV5 for City
Engineer approval prior to the March 25, 2021 City Council meeting. Attached for your
reference is the revised scope of work.
If you concur, please indicate your approval below.
Review and Concur:.,
— - L. d + i eman, City Manager
EXHIBIT "A"
SCOPE OF SERVICES
Act as Interim City Engineer under the general direction of the Assistant City Manager or his
designee, including but not limited to:
1. Grading and Subdivision
In conjunction with City staff:
o Determine the extent, type and requirements of land alteration work
requested, the type of application and permit required, and the fees
applicable.
a Approve security and agreements related to land development
improvements.
o Accept public improvements and approve site grading relative to subdivision
of land.
o Review and approve all plans, studies, reports, and other engineering and
design documents as may be required of the city engineer under Title 26,
Subdivisions and 27, Grading of the Palm Desert Municipal Code.
a Review and approve parcel maps and tract maps.
o Approve the issuance of Public Works permits related to land alteration and
public improvements.
• In conjunction with the City Surveyor, review, approve, and process lot line
adjustments and submit to Planning Commission for approval.
• Attend monthly development services meetings with City staff to review and discuss
current development issues.
• On as needed basis and in coordination with City staff, meet and confer with
contractors, engineers, developers, outside agencies on engineering matters related
to land development.
• When needed, attend Planning Commission or City Council meetings to provide
engineering staff support.
• Attend a weekly meeting with land development staff to discuss ongoing projects and
review conditions of approval.
• On an as needed basis, be available to discuss with City staff, engineering related
issues that may occur.
• Approve the City of Palm Desert's Annual Report to the Regional Water Quality
Board.
2. CIP
• In conjunction with City staff, analyze civil engineering plan design, specifications,
permit applications, and consultant and staff comments in accordance with design
requirements and municipal and intergovernmental standards and regulations;
recommends approval or additional engineering conditions and changes; approves
plans and specifications.
• Attend a weekly meeting with City staff to discuss ongoing CIP projects.
• On an as needed basis, be available to discuss with City staff, engineering related
issues that may occur with projects and permits.
3. Traffic Engineering
• On an as needed basis and in conjunction with City staff, provide support as may be
required of the city traffic engineer under Title 10, Vehicles and Traffic of the Palm
Desert Municipal Code such as may be needed in support of the City's traffic
operations and its maintenance of traffic control devices, traffic signal operations,
lane markings, regulatory sign postings, pedestrian crosswalks, and similar devices.
• Primary consultant staff supporting this function shall be a California -registered traffic
engineer.
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AMENDMENT NO. 1 TO THE ON -CALL SURVEYING
AND ENGINEERING PLAN REVIEW CONSULTANT SERVICES CONTRACT
BETWEEN THE CITY OF PALM DESERT AND NV5
CONTRACT NO. 40530
1. Parties and Date.
This Amendment No. 1 to the On -Call Surveying and Plan Review Consultant Services is
made and entered into as of this 25th day of March, 2021, by and between the City of Palm Desert
("City") and NV5 a California Corporation with its principal place of business at 42-829 Cook Street,
Palm Desert, CA 92211 (Consultant). City and Consultant are sometimes individually referred to as
"Party" and collectively as "Parties."
2. Recitals.
2.1 AA rec��. The City and Consultant have entered into an agreement entitled On -Call
Surveying and Civil Engineering Plan Review Services dated September 24, 2020 contract for the
purpose of retaining the services of Consultant to provide On -call City Surveying and engineering
plan review services.
2.2 Amendment. The City and Consultant desire to amend the Agreement to amend the
scope of services to include City Engineering Services and to add an additional $50,000 to the
contract.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.1
of the Agreement.
3. Terms.
3.1 3.1.1 General Scope of Services the Agreement is hereby amended in its entirety to
read as follows:
Exhibit "A" is hereby deleted in its entirety and replaced with
Exhibit "A" attached hereto and incorporated herein by reference.
3.2 Continuing Effect of Agreement. 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 Severability. 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.
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 72500A0001132445060.1
Contract No.
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO ON -CALL SURVEYING
AND ENGINEERING PLAN REVIEW CONSULTANT SERVICES CONTRACT
BETWEEN THE CITY OF PALM DESERT
AND NV5, A CALIFORNIA CORPORATION
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the On -
Call Surveying and Engineering Plan Review Consultant Services Contract as of the day and year
first above written.
CITY OF PALM DESERT
Approved By:
L. Tod ileman
City Manager
Attested By:
Grace Rocha
Acting City Clerk
Approved As To Form:
By:
Best Best & Krieger LLP
City Attorney
Reviewed By:
Andy Firestine
Assistant City Manager
Carmen Kasner, NV5, Senior Vice
President
Signature
Name
Title
Signature
Name
Title
Page 3 of 5
Revised 11-2.20
BBK 72500.00001132445060.1
Contract No.
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 1 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
Individual
Corporate Officer
Title(s)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Partner(s) Limited
General Number of Pages
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Page 4 of 5
R6vissd 11.2.20
BBK 72500.00001W445060.1
Date of Document
Signer(s) Other Than Named Above
Contract No.
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 . 20before 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
❑ Individual
U Corporate Officer
Title(s)
Partner(s) Limited
General
Attorney -In -Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Page 5 of 5
Revised 11-2.20
BBK 72500.00001132445060.1
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above