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HomeMy WebLinkAbout25B - AGMT - ENGINEERING WATER AND SEWERREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 18, 2011 TITLE: THIRD AND FINAL AMENDMENT TO AGREEMENTS FOR ON-CALL ENGINEERING SERVICES FOR WATER AND SEWER PROJECTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1St Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a third amendment to the agreements with Tetra Tech, Inc. and Psomas, Inc. for water and sewer engineering services in the amount of $200,000 for each firm, for total contract amounts not to exceed $900,000. DISCUSSION On July 17, 2006, City Council awarded contracts to Psomas, Inc. and Tetra Tech, Inc. to perform water and sewer engineering services on an "as needed" basis. Each contract was for $300,000. On November 17, 2008, City Council approved the first amendment to each contract for $200,000. On February 1, 2010, City Council approved the second amendment to each contract for $200,000 bringing the total contract amount to $700,000 for each firm. As a result of these agreements, the City has completed design and is in the process of constructing improvements that include water and sewer main improvement projects, reservoir rehabilitation, pump station upgrades, and recycled water conversion projects. Staff recommends that each contract be increased by $200,000 for a total not-to-exceed amount of $900,000 for each firm. Both these firms have done an excellent job and have responded quickly and effectively to the City's needs. ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. 25B-1 Third and Final Amendment to Agreements for On-Call Engineering Services for Water and Sewer Projects April 18, 2011 Page 2 FISCAL IMPACT Funds are available in the Water Utility Capital Projects Account (accounting unit 06617647-66301) and Sanitary Sewer Services Account (accounting unit 05617640-66220). APPROVED AS TO FUNDS AND ACCOUNTS: Rau odinez II Francisco Gutierrez ?46 Executive Directory Executive Director Public Works Agency Finance & Management Services Agency RGAB Exhibits: 1. Agreements 25B-2 EXHIBIT 1 Agreements 25B-3 25B-4 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on April 18, 2011, by and between Tetra Tech, Inc., a Delaware corporation ("Consultant") 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 that certain Agreement A-2006-177, dated July 17, 2006, (hereinafter "said Agreement") by which Consultant has provided engineering services. B. By Amendments dated November 17, 2008 and February 1, 2010, the parties agreed to increase compensation available to allow Consultant to continue to provide services. C. In accordance with the terms and conditions of said Agreement, the parties wish to again increase available compensation to allow continued provision of services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 1. Section 3, COMPENSATION, shall be amended to increase compensation by $200,000.00, to pay for additional services, as set forth in Exhibit A to said Agreement. The total amount available for services shall not exceed $900,000.00. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph Straka, Interim City Attorney RECOMMENDED FOR APPROVAL: Raul Godinez II Executive Director - PWA DAVID N. REAM City Manager TETRA TECH, INC. TOM EPPERSON, P.E. Divisional Vice President 25B-5 25B-6 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on April 18, 2011, by and between Psomas, Inc., a California corporation ("Consultant") 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 City and Psomas entered into that certain Agreement A-2006-178, dated July 17, 2006, (hereinafter "said Agreement") by which Consultant has provided water and sewer engineering services. B. By Amendment dated November 17, 2008 and Second Amendment dated February 1, 2010, the parties agreed to add compensation to provide for the continuation of services. C. In accordance with the terms and conditions of said Agreement, the parties wish to again increase available compensation to allow continued provision of services by Consultant. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 1. Section 3, COMPENSATION, shall be amended to increase compensation by $200,000.00, to pay for additional services, as set forth in Exhibit A to said Agreement. The total amount available for services shall not exceed $900,000.00. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph Straka, Interim City Attorney RECOMMENDED FOR APPROVAL: Raul Godinez, II Executive Director - PWA CITY OF SANTA ANA DAVID N. REAM City Manager PSOMAS, INC. JOSEPH L. BOYLE P.E. Vice President 25B-7 25B-8