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Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: On -Call Construction Services
AGENDA TITLE
Approve Amendments to Agreements with Palp, Inc., dba Excel Paving, Big Ben
Engineering, TE Roberts, and Paulus Engineering, Inc. to Increase the Shared
Agreement Amount by $1,600,000, for a Total Amount not to Exceed $2,500,000 for
miscellaneous projects
RECOMMENDED ACTION
Authorize the City Manager to execute agreement amendments for on -call construction
services with Palp, Inc. dba Excel Paving, Big Ben Engineering, TE Roberts, and Paulus
Engineering, Inc. to increase shared agreement amount by $1,600,000, for a total
agreement amount not to exceed $2,500,000, subject to non -substantive changes
approved by the City Manager and the City Attorney.
DISCUSSION
On September 24, 2020, the Public Works Agency issued a request for proposals (RFP)
for emergency on -call infrastructure repairs via the City's Planet Bids website. A total of
978 vendors were notified of the RFP and 16 downloaded the proposal files. Four
proposals were received and evaluated by a selection committee based on criteria as
outlined in the RFP.
On December 1, 2020, the City Council authorized the City Manager to execute
agreements with Palp, Inc. dba Excel Paving, Big Ben Engineering, TE Roberts, and
Paulus Engineering, Inc. to provide on -call engineering services. City construction staff
recently discovered that the existing street lighting conduit within the South Main Street
Corridor is in critical condition. It has deteriorated to a point where it is jeopardizing the
existing lighting system. Replacement of the existing conduit is required immediately to
prevent the risk of street lights along South Main suddenly short circuiting. The cost to
perform the emergency work is $1,600,000, exceeding the contractual balance of the
agreement. Staff recommends increasing the shared agreement amount by $1,600,000,
for a total amount not to exceed $2,500,000. This amendment will allow staff to have
continued access to qualified contractors who can respond to the City's emergency
infrastructure needs.
Amend Agreements for On -Call Construction Services
September 21, 2021
Page 2
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
There is no fiscal impact at this time. Prior to utilizing any of these on -call services, Public
Works staff must receive Finance & Management Services Agency approval of funding
and accounts to ensure that funds are available under the authorization and aggregate
limit of the agreements.
Upon successful completion of this fiscal review, a corresponding Notice to Proceed
containing specific scope and maximum expenditure for the task order will be issued to a
firm. Funding for these services is available in approved Capital Improvement Program
(CIP) budget and will be budgeted in future CIPs.
EXHIBIT(S)
1. First Amendment to Agreement Palp, Inc. dba Excel Paving
2. First Amendment to Big Ben Engineering
3. First Amendment to TE Roberts
4. First Amendment to Paulus Engineering, Inc.
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Kristine Ridge, City Manager
FIRST AMENDMENT TO ON -CALL GENERAL ENGINEERING SERVICES
AGREEMENT WITH PALP INC. DBA EXCEL PAVING
THIS FIRST AMENDMENT is entered into on this 21" day of September, by and between Palp,
Inc. dba Excel Paving ("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. On December 1, 2020, the City entered into Agreement A-2020-245-04 ("Agreement")
with Palp, Inc. dba Excel Paving, to provide on -call asphalt pavement, concrete pavement,
and stormdrain repair services for a three (3) year term until November 30, 2023, with an
option for the parties to extend the Agreement for up to one (1) two-year period. The
Agreement is current and in effect.
B. Contactor is one of four selected contractors providing services on an on -call basis and
shares an aggregate compensation as detailed in Section 2.a. of the Agreement.
C. The parties now wish to amend the Agreement to increase the shared aggregate amount of
the compensation to pay for emergency services recently discovered by the City.
The Parties therefore agree:
1. Section 2a, COMPENSATION, shall be amended to increase the shared aggregate
compensation in the amount of $1,600,000. Therefore, the total shared aggregate amount shall not
exceed two million five hundred thousand dollars and zero cents ($2,500,000) to pay for the
additional emergency services during the term of this agreement, including any extension periods.
2. Except as hereinabove modified, the terms and conditions of said Agreement remain
unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed the First Amendment to the
Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
[Signatures continue on the next page]
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Jose4Mn&tovMa
Deputy City Attorney
RECOMMENDED FOR APPROVAL
Nabil Saba
Executive Director
Public Works Agency
CONTRACTOR:
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Name: David Drukker
Title: Vice President
FIRST AMENDMENT TO ON -CALL GENERAL ENGINEERING SERVICES
AGREEMENT WITH BIG BEN ENGINEERING
THIS FIRST AMENDMENT is entered into on this 21" day of September, by and between Big
Ben Engineering ("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").
_UV TTAT,C
A. On December 1, 2020, the City entered into Agreement A-2020-245-03 ("Agreement")
with Big Ben Engineering, to provide on -call asphalt pavement, concrete pavement, and
stormdrain repair services for a three (3) year term until November 30, 2023, with an option
for the parties to extend the Agreement for up to one (1) two-year period. The Agreement
is current and in effect.
B. Contactor is one of four selected contractors providing services on an on -call basis and
shares an aggregate compensation as detailed in Section 2.a. of the Agreement.
C. The parties now wish to amend the Agreement to increase the shared aggregate amount of
the compensation to pay for emergency services recently discovered by the City.
The Parties therefore agree:
1. Section 2a, COMPENSATION, shall be amended to increase the shared aggregate
compensation in the amount of $1,600,000. Therefore, the total shared aggregate amount shall not
exceed two million five hundred thousand dollars and zero cents ($2,500,000) to pay for the
additional emergency services during the term of this agreement, including any extension periods.
2. Except as hereinabove modified, the terms and conditions of said Agreement remain
unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed the First Amendment to the
Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
[Signatures continue on the next page]
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Jose M ntoya
Deputy City Attorney
RECOMMENDED FOR APPROVAL
Nabil Saba
Executive Director
Public Works Agency
CONTRACTOR:
Name: Sep Sharifi
Title: President
FIRST AMENDMENT TO ON -CALL GENERAL ENGINEERING SERVICES
AGREEMENT WITH TX ROBERTS, INC.
THIS FIRST AMENDMENT is entered into on this 21" day of September, 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. On December 1, 2020, the City entered into Agreement A-2020-245-01 ("Agreement")
with T.E Roberts, Inc., to provide on -call asphalt pavement, concrete pavement, and
stormdrain repair services fora three (3) year term until November 30, 2023, with an option
for the parties to extend the Agreement for up to one (1) two-year period. The Agreement
is current and in effect.
B. Contactor is one of four selected contractors providing services on an on -call basis and
shares an aggregate compensation as detailed in Section 2.a. of the Agreement.
C. The parties now wish to amend the Agreement to increase the shared aggregate amount of
the compensation to pay for emergency services recently discovered by the City.
The Parties therefore agree:
1. Section 2a, COMPENSATION, shall be amended to increase the shared aggregate
compensation in the amount of $1,600,000. Therefore, the total shared aggregate amount shall not
exceed two million five hundred thousand dollars and zero cents ($2,500,000) to pay for the
additional emergency services during the term of this agreement, including any extension periods.
2. Except as hereinabove modified, the terms and conditions of said Agreement remain
unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed the First Amendment to the
Agreement the date and year first above written.
ATTEST:
CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
[Signatures continue on the next page]
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: o & i
Jose M ntoya
Deputy City Attorney
RECOMMENDED FOR APPROVAL
Nabil Saba
Executive Director
Public Works Agency
CONTRACTOR:
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Name: TIMOfihy IZ.lobe�-tS
Title: �rG S l J n +
Exhibit 4
FIRST AMENDMENT TO ON -CALL GENERAL ENGINEERING SERVICES
AGREEMENT WITH PAULUS ENGINEERING, INC.
THIS FIRST AMENDMENT is entered into on this 2 1 " day of September, 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. On December 1, 2020, the City entered into Agreement A-2020-245-02 ("Agreement")
with Paulus Engineering, Inc., to provide on -call asphalt pavement, concrete pavement,
and stormdrain repair services for a three (3) year term until November 30, 2023, with an
option for the parties to extend the Agreement for up to one (1) two-year period. The
Agreement is current and in effect.
B. Contactor is one of four selected contractors providing services on an on -call basis and
shares an aggregate compensation as detailed in Section 2.a. of the Agreement.
C. The parties now wish to amend the Agreement to increase the shared aggregate amount of
the compensation to pay for emergency services recently discovered by the City.
The Parties therefore agree:
1. Section 2a, COMPENSATION, shall be amended to increase the shared aggregate
compensation in the amount of $1,600,000. Therefore, the total shared aggregate amount shall not
exceed two million five hundred thousand dollars and zero cents ($2,500,000) to pay for the
additional emergency services during the term of this agreement, including any extension periods.
2. Except as hereinabove modified, the terms and conditions of said Agreement remain
unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed the First Amendment to the
Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
[Signatures continue on the next page]
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Jose ntoya
Deputy City Attorney
RECOMMENDED FOR APPROVAL
Nabil Saba
Executive Director
Public Works Agency
CONTRACTOR:
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