CC 2021-09-28_08g Amendment to Agreement_2021 Street Repairs ProjectMEMORANDUM
TO: CITY COUNCIL
FROM: BILL ROBESON, ASSISTANT CITY MANAGER/PUBLIC WORKS
DIRECTOR
BY: JILL MCPEEK, CAPITAL IMPROVEMENT PROJECT MANAGER
SUBJECT: CONSIDERATION OF A FIRST AMENDMENT TO AGREEMENT FOR
CONSULTANT SERVICES WITH PAVEMENT ENGINEERING, INC. FOR
THE 2021 STREET REPAIRS PROJECT, PW 2021-01
DATE: SEPTEMBER 28, 2021
SUMMARY OF ACTION:
Approving an Amendment to the Agreement for Consultant Services with Pavement
Engineering, Inc. (PEI) will allow PEI to continue to provide engineering support services
during the construction phase of the subject project.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The FY 2021-22 Capital Improvement Program budget includes $2,371,200 for the
subject project. The First Amendment extends the PEI contract duration with no cost
increase. Staff time will be necessary to coordinate the engineering support services with
the consultant.
RECOMMENDATION:
It is recommended the City Council: 1) Approve a First Amendment to the Agreement for
Consultant Services ("First Amendment") with Pavement Engineering, Inc. to extend the
duration of the Agreement for the subject project; and 2) Authorize the Mayor to execute
the First Amendment.
BACKGROUND:
On December 8, 2020, the Council approved an Agreement with Pavement Engineering,
Inc. for engineering services for the 2020 Street Repairs Project, PW 2020-13
(subsequently renamed the 2021 Street Repairs Project, PW 2021-01 to better reflect the
year of anticipated construction). The term in the Agreement was from December 9, 2020
to October 31, 2021, as it was anticipated that construction would be completed in
Summer 2021.
ANALYSIS OF ISSUES:
On April 13, 2021, the Council selected street segments to be evaluated for base failure
corrections for the 2021 Street Repairs Project, and on April 27, 2021, these street
segments and estimated costs were presented to Council. Based on the available budget
at that time, seven of the eleven street segments were selected to move forward into final
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design and construction documents. On July 27, 2021, Council appropriated funds in
excess of the 20% Fund Balance Goal Limit to add the remaining four street segments to
the construction documents. On September 14, 2021, Council approved the construction
documents and authorized advertisement for construction bids.
Because of the additional review and actions described above, the design phase of the
project was extended beyond the original estimated time frame. Therefore, an extension
to the Agreement term is necessary for the consultant to complete its scope of work,
approved by Council on December 8, 2020.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1.Approve a First Amendment to Agreement for Consultant Services with
Pavement Engineering, Inc.;
2.Do not approve a First Amendment to Agreement for Consultant Services with
Pavement Engineering, Inc. and direct staff to solicit proposals from other firms
for construction phase engineering services;
3. Provide other direction to staff.
ADVANTAGES:
A First Amendment to Agreement for Consultant Services will allow for the consultant to
complete its scope of work for construction phase services as previously approved by
Council. The 2021 Street Repairs Project will help to extend the pavement life of the
selected street segments.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for the approval of a First Amendment to Agreement
for Consultant Services for the 2021 Street Repairs 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.
ATTACHMENT:
1.Agreement for Consultant Services Amendment No. 1
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CITY COUNCIL
CONSIDERATION OF A FIRST AMENDMENT TO AGREEMENT FOR
CONSULTANT SERVICES WITH PAVEMENT ENGINEERING, INC. FOR THE
2021 STREET REPAIRS PROJECT, PW 2021-01
SEPTEMBER 28, 2021
PAGE 2
AGREEMENT FOR CONSULTANT SERVICES
AMENDMENT NO. 1
This First Amendment (“First Amendment”) to Agreement for Consultant Services (“Agreement”)
by and between the CITY OF ARROYO GRANDE and PAVEMENT ENGINEERING, INC.
(“Consultant”) is made and entered into this 28th day of September 2021.
WHEREAS, the parties entered into an Agreement dated December 8, 2020, for engineering
services for the 2020 Street Repairs Project, PW 2020-13 (subsequently renamed 2021 Street
Repairs Project, PW 2021-01); and
WHEREAS, the parties desire to modify the Agreement to extend its term 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:
The Agreement shall commence on December 9, 2020 and remain and continue in effect
until July 31, 2022, unless sooner terminated pursuant to the provisions of this
Agreement.
2.Except as modified herein, all other terms and conditions set forth in the Agreement, as
amended, shall remain unchanged.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this First Amendment the
day and year first above written.
CITY OF ARROYO GRANDE: PAVEMENT ENGINEERING, INC.:
By:____________________________ By:________________________________
CAREN RAY RUSSOM, MAYOR JOSEPH L. RIRIE, PRESIDENT
ATTEST:
________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO FORM:
________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY
Attachment 1
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