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CC 2017-04-25_09g Amendment_Well 11 Agreement MEMORANDUM TO: CITY COUNCIL FROM: CHRISTOPER MAGDOSKU, PUBLIC WORKS DIRECTOR BY: JILL MCPEEK, CAPITAL IMPROVEMENT PROJECT MANAGER SUBJECT: CONSIDERATION OF A FIFTH AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES WITH GARING, TAYLOR & ASSOCIATES FOR THE MUNICIPAL WATER WELL NO. 11 TREATMENT PLANT CONSTRUCTION, WELL EQUIPMENT AND PIPELINE INSTALLATION PROJECT, PW 2010-07 DATE: APRIL 25, 2017 RECOMMENDATION: It is recommended the City Council: 1. Approve a Fifth Amendment to the Agreement for Consultant Services ("Fifth Amendment") with Garing, Taylor & Associates to revive and extend the duration of the Agreement for the subject project; and 2. Authorize the Mayor to execute the Fifth Amendment. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The amended Capital Improvement Program budget includes $626,550 for the subject project. The Fifth Amendment revives and extends the Garing, Taylor & Associates contract duration with no cost increase. There are no additional impacts anticipated to staff time or resources. BACKGROUND: On January 12, 2016, the Council approved a Fourth Amendment with Garing, Taylor & Associates which included construction phase services as needed when the project was rebid and awarded. In February 2017, the project was rebid and on April 11, 2017, the City Council awarded a construction contract for the subject project. ANALYSIS OF ISSUES: The Fourth Amendment to Consultant Services Agreement expired on December 31, 2016. This Fifth Amendment will revive the agreement and extend the term to December 31, 2017. This will allow Garing, Taylor & Associates to continue to provide construction phase services as contained in their agreement. Item 9.g. - Page 1 CITY COUNCIL CONSIDERATION OF A FIFTH AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES WITH GARING, TAYLOR & ASSOCIATES FOR THE MUNICIPAL WATER WELL NO. 11 TREATMENT PLANT CONSTRUCTION, WELL EQUIPMENT AND PIPELINE INSTALLATION PROJECT, PW 2010-07 APRIL 25, 2017 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Approve a Fifth Amendment to the Agreement with Consultant Services;; 2. Do not approve the Fifth Amendment to the Agreement; or 3. Provide direction to staff. ADVANTAGES: Approval of the Fifth Amendment will enable Garing, Taylor & Associates to continue to provide services through the project’s construction phase. DISADVANTAGES: None identified at this time. ENVIRONMENTAL REVIEW: There is no environmental review required for the subject action. The Council adopted Resolution No. 4584 on May 13, 2014 adopting a Negative Declaration for the Well No. 11 project. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Item 9.g. - Page 2 AGREEMENT FOR CONSULTANT SERVICES AMENDMENT NO. 5 This Fifth Amendment (“Fifth Amendment”) to Agreement for Consultant Services Agreement (“CSA”) by and between the CITY OF ARROYO GRANDE (“City”) and GARING, TAYLOR & ASSOCIATES, INC. (“Consultant”) is made and entered into this ______ day of ____________ 2017, based on the following facts: WHEREAS, the parties entered into a CSA dated September 20, 2010, for the design and construction services for the Well No. 11 project, PW 2010-07; and WHEREAS, the parties entered into a First Amendment to CSA dated June 12, 2012, for design services for the Well No. 11 project, PW 2010-07, to revive and extend the contract term to December 31, 2013; and WHEREAS, the parties entered into a Second Amendment to CSA dated May 28, 2013, for design services for the Well No. 11 project, PW 2010-07, to include additional services and increase the not to exceed cost; and WHEREAS, the parties entered into a Third Amendment to CSA dated March 11, 2014 for design services for the Well No. 11 project, PW 2010-07, to revive and extend the contract term to December 31, 2015, and to include additional services and increase the not to exceed cost; and WHEREAS, the parties entered into a Fourth Amendment to CSA dated January 12, 2016, for design and construction services for the Well No. 11 project, PW 2010-07, to revive and extend the contract term to December 31, 2016, and to include additional services and increase the not to exceed cost; and WHEREAS, the parties desire to revive and further modify the CSA as set forth herein. NOW THEREFORE, for valuable consideration the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Section 1 (“TERM”) of the Agreement, shall be modified in its entirety to read as follows: This Agreement shall be revived and extended and remain and continue in full force and effect through December 31, 2017, unless sooner terminated pursuant to the provision of this Agreement. 2. Except as modified herein, all other terms and conditions set forth in the CSA, as amended, shall remain in full force and effect. Item 9.g. - Page 3 IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Fourth Amendment on the day and year first set forth above. CITY OF ARROYO GRANDE GARING, TAYLOR & ASSOCIATES By: By: Jim Hill, Mayor Its: (Title) Attest: Kelly Wetmore, Director of Legislative and Information Services/City Clerk Approved As To Form: Heather Whitham, City Attorney Item 9.g. - Page 4