HomeMy WebLinkAbout06 - CC-6 - Amendment No. 5 to the PSA with Interwes - 2/16/20211
CITY COUNCIL AGENDA REPORT
MEETING DATE: FEBRUARY 16, 2021 ITEM NUMBER: CC-6
SUBJECT: AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH INTERWEST CONSULTING GROUP, INC. FOR
PROFESSIONAL ENGINEERING SERVICES
DATE: JANUARY 12, 2021
FROM: PUBLIC SERVICES DEPARTMENT/TRANSPORTATION SERVICES
DIVISION
PRESENTATION
BY:
RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION
CONTACT:
JENNIFER ROSALES, TRANSPORTATION
SERVICES MANAGER, (714) 754-5343
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve proposed Amendment No. 5 (Attachment 1) to the Professional Services
Agreement (PSA) with Interwest Consulting Group Inc.,15140 Transistor Lane,
Huntington Beach, CA 92649, increasing the maximum compensation by $200,000,
for professional engineering services, for a total not-to-exceed amount of $884,000;
2. Authorize the City Manager and the City Clerk to execute the amendment and future
authorized amendments to the agreements.
BACKGROUND:
The Transportation and Engineering Services Divisions of the Public Services
Department have several design and construction projects in progress and are in the
process of starting new ones. Due to current vacancies, workload of existing staff and
proposed timeline for project completion, there is a need to retain consultant services for
senior and associate level engineers, senior level assistance with federal grant
compliance expertise, and construction inspectors experienced in delivering such
projects. Interwest Consulting Group Inc. (Interwest) is currently providing professional
engineering services to the Public Services Department, Engineering and Transportation
Services Divisions.
The original PSA with Interwest and prior amendments resulted in a maximum
compensation amount of $684,000 for services rendered. The proposed Amendment No.
5 results in a maximum compensation amount of $884,000.
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The scope of work for Interwest includes engineering staff augmentation services at City
Hall, a variety of project management services on Capital Improvement Program (CIP)
projects, and other Transportation and Engineering-related services. The current services
provided by Interwest for the Transportation Services Division include advanced traffic
engineering design and active transportation projects.
The scope of work also includes review and plan check of design documents, construction
management, construction inspection services, preparation of federal and State grant
documentation, development review plan check services, coordination and execution of
a variety of engineering traffic studies, assistance in day-to-day operations of the
Transportation Services Division, and senior project management services for the
Engineering Division to initiate and implement time-sensitive projects.
ANALYSIS:
Interwest has worked with City staff in the successful execution of several CIP projects
and provided professional engineering services to both the Transportation and the
Engineering Services Divisions. They have also provided staff augmentation support
covering expertise that is not currently available within the Divisions. By increasing
Interwest’s maximum compensation through the proposed Amendment No. 5, Interwest
will continue to provide project management, and transportation and engineering
services. Due to the time sensitive nature of current capital projects, the existing workload
exceeds staff resources.
ALTERNATIVES CONSIDERED:
One alternative would be to not approve the proposed amendment. However, this would
result in delays in the delivery of project completion citywide.
FISCAL REVIEW:
This request will be absorbed in the FY 2020-21 Public Services’ operating budget.
LEGAL REVIEW:
The City Attorney’s Office has reviewed and approved this report as to form and prepared
Amendment No. 5 to the Professional Services Agreement.
CITY COUNCIL GOALS & PRIORITIES:
Consultant services are needed to implement infrastructure improvements and to improve
mobility in the City. Therefore, this item supports City Council Goal 2: Improve our
Neighborhoods and Quality of Life, and City Council Goal 5: Improve Mobility and
Parking.
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CONCLUSION:
Staff recommends that the City Council:
1. Approve proposed Amendment No. 5 (Attachment 1) to the PSA with Interwest
Consulting Group Inc.,15140 Transistor Lane, Huntington Beach, CA 92649,
increasing the maximum compensation by $200,000, for professional engineering
services, for a total not-to-exceed amount of $884,000;
2. Authorize the City Manager and the City Clerk to execute the amendment and
future authorized amendments to the agreement.
JENNIFER ROSALES RAJA SETHURAMAN
Transportation Services Manager Public Services Director
_____________________________________ ____________________________________
CAROL MOLINA KIMBERLY HALL BARLOW
Finance Director City Attorney
ATTACHMENTS:
1.
2.
Proposed Amendment No. 5
Professional Services Agreement and prior
Amendments
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Interwest Consulting Group Inc. Amendment Five
Associate Engineering Services
Rev. 05-20
AMENDMENT NUMBER FIVE
TO PROFESSIONAL SERVICES AGREEMENT
WITH
INTERWEST CONSULTING GROUP INC.
This Amendment Number Five (“Amendment”) is made and entered into this 16th day of
February, 2021 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal
corporation (“City”), and INTERWEST CONSULTING GROUP INC., a Colorado corporation
registered to do business in California (“Consultant”).
WHEREAS, City and Consultant entered into an agreement on July 17, 2018 for
Consultant to provide engineering staff support services to the Transportation Services Division
(the “Agreement”); and
WHEREAS, City and Consultant amended the Scope of Services and increased
Consultant’s maximum compensation through Amendment Number One to the Agreement, dated
February 15, 2019; and
WHEREAS, City and Consultant further amended the Scope of Services and increased
Consultant’s maximum compensation through Amendment Number Two to the Agreement, dated
June 4, 2019; and
WHEREAS, City and Consultant further amended the Scope of Services and increased
Consultant’s maximum compensation through Amendment Number Three to the Agreement,
dated October 1, 2019; and
WHEREAS, City and Consultant increased Consultant’s maximum compensation to
enable City to use Consultant for additional services through Amendment Number Four to the
Agreement, dated March 3, 2020; and
WHEREAS, City now desires to increase Consultant’s maximum compensation to Eight
Hundred Eighty-Four Thousand Dollars ($884,000.00) to enable City to use Consultant for
additional staff support services.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Section 2.1 of the Agreement shall be amended to reflect that Consultant’s total
compensation shall not exceed Eight Hundred Eighty-Four Thousand Dollars
($884,000.00).
2. All terms not defined herein shall have the same meaning and use as set forth in
the Agreement.
3. All other terms, conditions, and provisions of the Agreement not in conflict with this
Amendment shall remain in full force and effect.
4. This Amendment may be executed in one or more counterparts, each of which
shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement. Counterpart written signatures may be transmitted by
Attachment 1
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Interwest Consulting Group Inc. Amendment Five
Associate Engineering Services
Rev. 05-20
facsimile, email or other electronic means and have the same legal effect as if they
were original signatures.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by and through their respective authorized officers, as of the date first written above.
CITY OF COSTA MESA
________________________________ Date: __________________________
City Manager
CONSULTANT
________________________________ Date: __________________________
Signature
________________________________
Name and Title
ATTEST:
________________________________
City Clerk
APPROVED AS TO FORM:
________________________________ Date: __________________________
City Attorney
APPROVED AS TO INSURANCE:
________________________________ Date: __________________________
Risk Management
APPROVED AS TO CONTENT:
________________________________ Date: __________________________
Project Manager
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Interwest Consulting Group Inc. Amendment Five
Associate Engineering Services
Rev. 05-20
DEPARTMENTAL APPROVAL:
________________________________ Date: __________________________
Public Services Director
APPROVED AS TO PURCHASING:
________________________________ Date: __________________________
Finance Director
CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH
INTERWEST CONSUL TING GROUP INC.
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered
into this 17th day of July, 2018 ("Effective Date"), by and between the CITY OF COSTA MESA. a
municipal corporation ("City"), and INTERWEST CONSULTING GROUP INC., a Colorado
corporation registered to do business in California ("Consultanr).
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent
contractor to provide engineering staff support services in the Transportation Services Division,
as more fully described herein; and
B.WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code section 37103, and holds all necessary licenses
to practice and perform the services herein contemplated; and
C.WHEREAS, City and Consultant desire to contract for the specific services
described in Exhibit "A" and desire to set forth their rights, duties and liabilities in connection with
the services to be performed; and
D.WHEREAS, no official or employee of City has a financial interest, within the
provisions of sections 1090-1092 of the California Government Code, in the subject matter of this
Agreement.
NOW, THEREFORE. for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULT ANT
1.1. Scope of Services. Consultant shall provide the professional services described
in Consultant's Proposal, attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care. diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. Consultant also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may affect
Consultant's performance of this Agreement.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to
the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work
will be done by the City Manager or his or her designee. If the quality of work is not satisfactory,
City in its discretion has the right to:
Rev. 01-2017
(a)Meet with Consultant to review the quality of the work and resolve the
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lnterwest Consulting Group Inc.
Attachment 2