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HomeMy WebLinkAbout25E - AGMT - GO LOCAL CINDY KREBSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2012 TITLE THIRD AMENDMENT TO THE AGREEMENT WITH CINDY KREBS CONSULTING, INC. FOR GO LOCAL PROJECT MANAGEMENT OVERSIGHT (PROJECT NO. 092505) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on Vt Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached third amendment to the agreement with Cindy Krebs Consulting, Inc. to extend the term of the contract to December 31, 2012 in the amount of $75,000 subject to non-substantive changes approved by the City Manager and City Attorney. BACKGROUND The Cities of Santa Ana and Garden Grove are working collaboratively with the Orange County Transportation Authority (OCTA) on the Santa Ana-Garden Grove Fixed Guideway Project. Santa Ana and OCTA have entered into two cooperative agreements for development of the project to define their respective roles and responsibilities through Steps 2 and 3 of Measure M2's Go Local Program. A Step 2 agreement for Environmental Analysis was executed in 2008 for an amount of $5.9 million, and a Step 3 agreement for Preliminary Engineering was executed in 2011 for an amount not to exceed $5.5 million, contingent on the project's acceptance into the Federal Transit Administration's (FTA) Section 5309 New Starts/Small Starts Program. In early 2010, with the prolonged economic downturn affecting potential local funding sources, OCTA directed the City of Santa Ana to prepare the project for FTA Section 5309 New Starts/Small Starts grant funding because the project was considered to be a strong candidate under this program. The FTA became actively involved in discussions with OCTA and the Cities of Santa Ana and Garden Grove soon thereafter, and project deliverables were revised and refined to satisfy the specific requirements of the FTA and submitted to the FTA for approval. DISCUSSION The City required professional assistance from a qualified consultant with extensive transit background to take the Go Local Transit Vision from concept to completion. In 2009 the City 25E-1 Amendment to Agreement with Cindy Krebs Consulting, Inc. for Go Local Project Management Oversight June 18, 2012 Page 2 of 2 enlisted the services of Cindy Krebs Consulting Inc. (CKC) to work closely with the City's Project Manager and other key City, OCTA and consultant staff assigned to the Go Local Project. Cindy Krebs has functioned as an extension of staff to provide oversight and direction to the modern streetcar consultant team and other consultants selected to assist the City with key deliverables and implementation of the Go Local Transit Vision. In 2010, after the City's consultant contract with Cordoba Corporation for the Go Local Step 2 was awarded, OCTA directed the City of Santa Ana to prepare the project for the FTA Section 5309 New Starts/Small Starts grant funding because the project was considered to be a strong candidate under this program. CKC has been providing technical support and project management oversight for the Go Local project and it is recommended that her contract be extended to ensure continuity of project oversight. This third amendment will bring the total contract amount to date to $555,000 for the period of time between May 2009 and December 2012. On May 14, 2012, the OCTA Board approved advancing $488,000 from Step 3 to Step 2 at the City's request to cover the additional costs associated with extra efforts needed to complete the environmental documents for Step 2 of the Go Local project. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The project management oversight services for the maximum of $75,000 are funded from the $488,000 received per OCTA Board action on May 14, 2012. Funds are available in the OCTA Transitway Project (account unit 03217661-66220, project no. 092505). APPROVED AS TO FUNDS AND ACCOUNTS: RauFGodinez II Executive Director/ Public Works Agency RG/SA Exhibit 1: Third Amendment Francisco Gutierrez Executive Director/ Finance & Management Services Agency 25E-2 EXHIBIT 1 THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF SANTA ANA AND CINDY KREBS CONSULTING, INC. THIS THIRD AMENDMENT TO AGREEMENT, made and entered into this 18`h day of June, 2012 by and between Cindy Krebs Consulting, Inc., a California Corporation (hereinafter "CKC"), 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 (hereinafter "City"). RECITALS: A. The parties entered into Agreement A-2009-091, dated June 8, 2009, by which CKC has provided services as the City's Program Transit Management Consultant (PTMC) to assist in forming and implementing the Go Local Transit Vision (said "Agreement"). B. Said Agreement has been amended on July 19, 2010, and again on May 16, 2011 to adjust the number of service hours CKC will provide, and to provide compensation for those services. C. The parties hereto now would like to more fully define the services to be provided by CKC, extend the agreement for an additional one-year period, and add compensation for CKC's services during the extended term. 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: Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "CKC shall supplement City staff by serving as a Project Management Oversight (PMO) consultant working closely with the City's Project Manager and other key City, OCTA and consultant staff assigned to the Go Local Program. CKC shall commit up to sixteen (16) hours per week to the management of the project on a monthly basis. CKC will provide support to the Project Manager, the consultant team and other consultants selected by the City to assist the City with key deliverables and implementation of the Fixed Guideway Project. CKC will also provide advice to the City regarding the obligations and responsibilities among the City and external agencies such as OCTA, CalTrans, and FTA. Tasks to be performed by CKC include meeting attendance, development of written correspondence including memos, letters, staff reports, meeting minutes, agendas and presentations to the City Council and OCTA Board at the request of the Executive Director or his designated representative, as well as written and oral progress reports to the City's Project Manager, key City staff and Citywide consultant team. CKC shall perform all services listed in Exhibit A-1, attached hereto and incorporated herein." 2. Section 2. COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the hourly rate of $138.60. The total sum to be expended pursuant to this Agreement during the extended term from June 1, 2012 through December 31, 2012, shall not exceed Seventy 25E-3 Five Thousand Dollars ($75,000.00), which includes a ten-percent contingency for unanticipated work during the extended term. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice, subject to City accounting procedures. Each submitted invoice shall report activities provided during the previous month including meetings attended, minutes of such meetings, tasks/deliverables completed, a report of new issues and action plans to address those issues, and previous issues which have been resolved. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City." 3. Section 3, TERM, shall be amended to extend the term for an additional seven (7) month period, through December 31, 2012 4. All other terms and conditions of the Agreement shall remain in effect and unchanged. 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 CITY OF SANTA ANA: PAUL M. WALTERS City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CINDY KREBS CONSULTING, INC. By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director Public Works Agency CINDY KREBS 25E-4 EXHIBIT A-I Scope of Work Santa Ana Transit Program Oversight The City of Santa Ana requires professional assistance to take its Go Local Transit Vision - Fixed Guideway Project from concept to completion. Serving as the City of Santa Ana's Transit Project Management Oversight (PMO) consultant, Cindy Krebs Consulting, Inc. will provide the following services: a. Under the direction of the Executive Director or his designated representative, provide assistance and support to the citywide team to develop and deliver Santa Ana's Fixed Guideway Project. Said assistance shall include monitoring the Project's progress to ensure it is on time, within budget, in conformance with design and environmental criteria and is efficiently and effectively implemented. b. PMO shall, at the direction of the Executive Director or his designated representative: 1. Develop and maintain the schedule for the Fixed Guideway project and prepare updates at key milestones for presentation as requested by the Executive Director. 2. Review and evaluate OCTA and FTA processes to ensure City team submittals comply with statutory, regulatory and administrative requirements. PMO shall be responsible for tracking key deliverables and implementation schedules and issues. 3. As needed, attend meetings with the City's Go Local Project Manager and transit program team to: • Discuss project status • Identify issues • Develop solutions • Provide process support. 4. Attend the following Orange County Transportation Authority (OCTA) meetings and prepare meeting summaries for each: • Board of Directors • Transportation 2020 Committee • Transit Committee • Rail Technical Advisory Committee. Meeting summaries shall include decisions approved, new issues presented, responsible personnel and timelines for completion of tasks/deliverables. 25E-5 5. At the direction of the Executive Director, attend meetings of the Mayor and City Council to provide information and status updates on Santa Ana's Go- Local Project and other transit-related issues. c. Support and advise the Executive Director in coordination with other City departments (e.g., Community Development, Planning and Building) on issues and opportunities related to the Go Local Transit Vision d. Advise the Executive Director or his designated representative on matters related to transit policy, funding, program requirements, and implementation strategies. 25E-6