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Home My WebLink About25A - AMEND AGMTS FOR EMERGENCY ON-CALL SEWER AND WATER SYSTEMREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2020 TITLE: APPROVE AN AMENDMENT TO AGREEMENTS WITH MIKE PRLICH AND SONS, PAULUS ENGINEERING, INC., AND TE ROBERTS, INC. FOR EMERGENCY ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES TO INCREASE TOTAL ANNUAL AMOUNT BY $250,000, WITH A TOTAL AGGREGATE AGREEMENT INCREASE AMOUNT NOT TO EXCEED $1,250,000 (RFP NO. 19-032) (NON -GENERAL FUND) /s/Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2i1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ rK•�►nutn�.ic. FILE NUMBER RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the agreements with Mike Prlich and Sons, Paulus Engineering, Inc., and TE Roberts, Inc. to provide on -call emergency sewer and water system repair services for the three-year period beginning August 20, 2019, and expiring August 19, 2022, with a provision for one two-year extension exercisable by the City Manager and City Attorney, by increasing the total aggregate annual amount by $250,000, for a total aggregate agreement increase amount not to exceed $1,250,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION On August 20, 2019, the City Council approved agreements with Mike Prlich and Sons, Paulus Engineering, Inc., and TE Roberts, Inc. for a three-year period from August 20, 2019 to August 19, 2022, with a two-year renewal option, to assist the Public Works Agency — Water Resources Division with emergency sewer and water infrastructure repairs. These services include repairing pipelines, tanks, pumps at various utility facilities, and performing site restoration as directed by staff to prevent system outages, maintain services during an emergency, and restore services to normal operating conditions. During the previous eight months, Water Resources Division staff has utilized these contractors for water main pipe repair work and the original aggregate annual spending limit of $500,000, for the term of the agreement, will be reached soon. Staff recommends increasing the total aggregate annual spending limit by $250,000, providing a new aggregate annual spending limit of $750,000, which will allow the Water Resources Division to continue utilizing these contractors for emergency repair services as needed. The new aggregate annual spending limit of $750,000 increases the total not to exceed amount for the lifetime of the agreement by $1,250,000 for a new not -to -exceed amount of $3,750,000 (Exhibits 1, 2 and 3). 25A-1 Amend Agreements for Emergency On -Call Sewer and Water System Repair Services May 5, 2020 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all assets). ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT The current agreements approve expenditures for Fiscal Year 2019-20 of $500,000 as an annual aggregate amount. The requested amendment will increase the annual aggregate amount for the agreements by $250,000 to $750,000 in FY 2019-20 and for the lifetime of the agreements. Funds are budgeted in the FY 2019-20 Water Systems Maintenance Account (No. 06017641-62300), and Sanitary Sewer Service Account (No. 05617640-62300) and will be included in proposed budgets for future years as follows: Fiscal Year Accounting Unit— Fund Accounting Unit, Account Description Amount Account # Description Contract 3-Year Term 06017641-62300 Water Water Systems Maintenance, $375,000 FY 19-20 Contract Services -Professional 05617640-62300 Sewer Sanitary Sewer Service, Contract $375,000 Services -Professional 06017641-62300 Water Water Systems Maintenance, $375,000 FY 20-21 Contract Services -Professional 05617640-62300 Sewer Sanitary Sewer Service, Contract $375,000 Services -Professional 06017641-62300 Water Water Systems Maintenance, $375,000 FY 21-22 Contract Services -Professional 05617640-62300 Sewer Sanitary Sewer Service, Contract $375,000 Services -Professional Renewal Op tion 2-Year Term 06017641-62300 Water Water Systems Maintenance, $375,000 FY 22-23 Contract Services -Professional 05617640-62300 Sewer Sanitary Sewer Service, Contract $375,000 Services -Professional 06017641-62300 Water Water Systems Maintenance, $375,000 FY 23-24 Contract Services -Professional 05617640-62300 Sewer Sanitary Sewer Service, Contract $375,000 Services -Professional TOTAL AMOUNT: $3,750,000 NS/CB/RR Exhibits: 1. Amendment with Mike Prlich & Sons, Inc. 2. Amendment with Paulus Engineering, Inc. 3. Amendment with TE Roberts, Inc. 25A-2 EXHIBIT 1 FIRST AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL EMERGENCY WATER AND SEWER SYSTEM REPAIR SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on May 5, 2020, by and between Mike Prlich and Sons, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2019-142-01, dated August 20, 2019, by which Contractor agreed to provide on -call emergency water and sewer system repair services for the City's Public Works Agency ("Agreement"). B. The term of the Agreement is for three years, and the Agreement remains in effect through August 19, 2022, with provision for extension. C. The parties now wish to amend the Agreement to increase the shared aggregate amount to be expended under the Agreement and two related agreements. The Parties therefore agree: 1. Section 2.a, Compensation, is amended to read in its entirety: "City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of three contractors selected to provide services on an as -needed basis under REP No. 19-032. The annual compensation for services provided by all contractors selected under REP No. 19-032 shall not exceed the shared aggregate amount of $750,000 during the term of this agreement, including any extension periods." 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager - signatures continue on next page - Page 1 of 2 25A-3 APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: /1" -f�L J n M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONTRACTOR Name: MICHAELA. PRLICH Title: PRESIDENT Page 2 of 2 MIKE PRLICH AND SONS, INC. 5103 ELTON STREET BALDWIN PARK, CA 91706 25A-4 EXHIBIT 2 FIRST AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL EMERGENCY WATER AND SEWER SYSTEM REPAIR SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on May 5, 2020, by and between Paulus Engineering, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2019-142-02, dated August 20, 2019, by which Contractor agreed to provide on -call emergency water and sewer system repair services for the City's Public Works Agency ("Agreement"). B. The term of the Agreement is for three years, and the Agreement remains in effect through August 19, 2022, with provision for extension. C. The parties now wish to amend the Agreement to increase the shared aggregate amount to be expended under the Agreement and two related agreements. The Parties therefore agree: 1. Section 2.a, Compensation, is amended to read in its entirety: "City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of three contractors selected to provide services on an as -needed basis under REP No. 19-032. The annual compensation for services provided by all contractors selected under REP No. 19-032 shall not exceed the shared aggregate amount of $750,000 during the term of this agreement, including any extension periods." 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager - signatures continue on next page - Page 1 of 2 25A-5 APPROVED AS TO FORM CONTRACTOR Sonia R. Carvalho City Attorney By: f� J n M. Funk Assistant City Attorney Title: YES P►q42,1r FOR APPROVAL Nabil Saba Executive Director Public Works Agency Page 2 of 2 25A-6 EXHIBIT 3 FIRST AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL EMERGENCY WATER AND SEWER SYSTEM REPAIR SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on May 5, 2020, by and between T.E. Roberts, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2019-142-03, dated August 20, 2019, by which Contractor agreed to provide on -call emergency water and sewer system repair services for the City's Public Works Agency ("Agreement"). B. The term of the Agreement is for three years, and the Agreement remains in effect through August 19, 2022, with provision for extension. C. The parties now wish to amend the Agreement to increase the shared aggregate amount to be expended under the Agreement and two related agreements. The Parties therefore agree: 1. Section 2.a, Compensation, is amended to read in its entirety: "City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of three contractors selected to provide services on an as -needed basis under REP No. 19-032. The annual compensation for services provided by all contractors selected under REP No. 19-032 shall not exceed the shared aggregate amount of $750,000 during the term of this agreement, including any extension periods." 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager - signatures continue on next page - Page 1 of 2 25A-7 APPROVED AS TO FORM Sonia R. Carvalho City Attorney By 14 7)(." JUn M.Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONTRACTOR Name: Timo-f'hy RobevtS Title: Pre s t d evi Page 2 of 2 25A-8