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CC 2024-09-09_09f On Call AgreementsItem 9.f. MEMORANDUM TO: City Council FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Shannon Sweeney, City Engineer Natalie Riddering, Planning/Engineering Permit Technician SUBJECT: Amendments to On-Call Consultant Services Agreements for Support to the Community Development and Public Works Departments DATE: September 9, 2024 RECOMMENDATION: 1) Authorize the City Manager to amend on -call consultant service agreements between the City and sixteen (16) consultants currently on the City’s on-call list for consultant services in 16 disciplines for the Community Development and Public Works Departments, subject to minor modifications determined to be necessary and appropriate by the City Attorney: and 2) Make findings that executing agreement amendments with consultants is not a project subject to the California Environmental Quality Act (CEQA) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.) IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No costs are associated with amending existing on -call services agreements. Costs will be incurred for specific projects and services in compliance with the approved budget and City’s purchasing policy requirements. BACKGROUND: The use of on-call consultants has been found to be an effective tool in the delivery of City projects and services. On March 12, 2021, the City issued a Request for qualifications Page 186 of 211 Item 9.f. City Council Amendments to On-Call Consultant Services Agreements for Support to the Community Development and Public Works Departments September 9, 2024 Page 2 for On-Call Professional Consulting Services in 16 disciplines: On April 29, 2021, the City received qualified Statement of Qualifications from fifty-seven (57) firms. Each of the proposals was ranked by City staff based on the following publicly advertised criteria: 1. Understanding of the work related to the specific discipline (30%). 2. Demonstrating competence, professional qualifications and availability of proposed staff to be assigned (30%). 3. Recent experience in successfully performing similar services (30%). 4. Overall proposal completeness, quality, clarity, responsiveness and methodology (10%). On July 27, 20211, the City Council approved on-call services agreements with 41 consultants in 16 disciplines for support to the Community Development and Public Works Departments. On July 23, 20242, the City Council authorized the City Manager to extend agreements for two (2) years between the City and 41 consultants in 16 disciplines that were on the City’s on-call services list for consultant services to support the Community Development and Public Works Departments. On July 31, 2024, the City executed 2-year agreement extensions for on-call services with 25 consultants in 16 disciplines beginning August 1, 2024, and ending August 1, 2026. 1 https://www.arroyogrande.org/AgendaCenter/ViewFile/Agenda/_07272021-1353?html=true 2https://pub-arroyogrande.escribemeetings.com/Meeting.aspx?Id=00bc5336-7aca-4ac4-902c- 22449b8a9381&Agenda=Merged&lang=English Table 1 – Disciplines 1. Architectural 9. Landscape Architecture 2. Civil Engineering 10. Material Testing/Evaluation 3. Construction Management/Inspection 11. Planning 4. Environmental Consulting & Permitting 12. Right of Way 5. Geotechnical Engineering 13. Structural Engineering 6. Geographic Information Systems (GIS) 14. Surveying 7. Grant Administration 15. Traffic Engineering 8. Hydrology and Stormwater 16. Water/Wastewater Engineering Page 187 of 211 Item 9.f. City Council Amendments to On-Call Consultant Services Agreements for Support to the Community Development and Public Works Departments September 9, 2024 Page 3 ANALYSIS OF ISSUES: The intent of the on-call program is to provide an efficient and cost-effective mechanism for the City to secure consulting services that allow City business to be conducted in a manner consistent with the City’s purchasing policy. The number of consultants in a given expertise area is large enough to provide redundancy of services and increases the likelihood of the City receiving competitive proposals for a specific project, while small enough to provide opportunities for all selected consultants to compl ete some level of work for the City. With this program in place, when a need arises, staff prepare s a project specific request for proposal from the consultants. The consultants review the request and provide a proposal for work activities and associated costs. Staff evaluates the proposed work plan and cost and then selects the proposal that meets the City’s needs. If the proposal cost is within the City Council approved project or service budget, the City issues a purchase order for this work, and directs the consultant to proceed. Once the consultant begins work, the contract period does not expire until the consultant has completed the purchase order work. Due to a variety of factors, such as increased labor and material costs, several of the consultants that executed the two (2) year agreement extension for on-call services have rate schedules that are expired and do not reflect the consultant's current rate schedules under the existing agreement terms. While the City can request that the consultants continue to be part of the program at their previous rate schedules, staff requested all twenty-five (25) consultants that extended agreement s with the City to submit updated rate schedule proposals by August 23, 2024. Of the 25 consultants, 16 submitted updated rate proposals. Allowing the 16 consultants to update rate schedules to include years through the agreement extension, 2024-2026, will not impact the City’s discretion when considering cost as part of work proposals submitted by consultants. It is in the best interest of the consultants to provide competitive rates because staff solicits multiple proposals when qualifying projects arise. The City requests scope and fee information as part of all consultant proposals and makes consultant selections for work with cost efficiency in mind. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Approve staff’s recommendations; 2. Modify and approve staff’s recommendations; 3. Do not approve staff’s recommendations; or 4. Provide other direction to staff. Page 188 of 211 Item 9.f. City Council Amendments to On-Call Consultant Services Agreements for Support to the Community Development and Public Works Departments September 9, 2024 Page 4 ADVANTAGES: Approving the amendment to 16 on-call service agreements will continue the mutually beneficial working relationship the City has with consultants on the on-call services list by allowing the consultants to be compensated for work at up-to-date rate schedules rather than the expired rate schedules per the current agreement terms . Establishment of on-call service agreements does not preclude the City from obtaining consultant services through the formal Request for Proposals (RFP) process for specific project needs or specialty work, and the City will continue to monitor total expenditures to ensure compliance with City’s purchasing policy requirements. The recommended action includes language authorizing the City Attorney to make minor modifications to an agreement when such modifications are requested and determined to be necessary and appropriate, as oftentimes a consultant will reques t or require a minor modification to insurance or other provisions. DISADVANTAGES: There are no disadvantages anticipated. Since its inception in 2021, the on-call consultant services program has consistently proven to be cost and time -efficient. ENVIRONMENTAL REVIEW: Executing extension letters with consultants with whom the City already has active on - call contracts is not a foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378 project subject to the California Environmental Quality Act (CEQA) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378. 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. ATTACHMENTS: 1. Agreement Amendment Template 2. On-Call Consultants List 2024-2026 Page 189 of 211 ATTACHMENT 1 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 CONSULTANT NAME ("Consultant") is made and entered into this 9th day of September, 2024. WHEREAS, the parties entered into an Agreement dated August 21st, 2021 for on-call LIST DISCIPLINES services; and WHEREAS, pursuant to Section 1 ("Term") of the Agreement, the parties have exercised the option for the one (1) additional two (2) year period extension under the same terms and conditions of the Agreement, with a new expiration date of July 31, 2026; and WHEREAS, the parties desire to further modify the Agreement as set forth herein. NOW THEREFORE, for valuable consideration the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. For the additional two (2) year period extension of this Agreement the City agrees to pay the Consultant in accordance with the updated payment rates and terms set forth in Exhibit “A” attached hereto and incorporated herein by this reference. 2. Except as modified herein, all other terms and conditions set forth in the Agreement for Consultant Services, as amended, shall remain unchanged. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this First Amendment the day and year first above written. CONSULTANT COMPANY By: Name, Title CITY OF ARROYO GRANDE By: Matthew Downing, City Manager Page 190 of 211 ATTACHMENT 1 EXHIBIT A PAYMENT RATES AND TERMS Page 191 of 211 Attachment 2 Architectural Hydrology and Stormwater Harris Architecture & Design Stantec Ravatt, Albrecht & Associates Inc. Wallace Group Civil Engineering Rick Engineering Garing, Taylor & Associates (GTA) Rincon Consultants, Inc. Stantec North Coast Engineering (NCE) Wallace Group Tetra Tech GHD Garing, Taylor & Associates (GTA) North Coast Engineering (NCE) Landscape Architecture Quincy Engineering Stantec Tetra Tech Dudek Rick Engineering Wallace Group Dudek KTUA Eikhof Design Group Material Testing/Evaluation Pavement Engineering Inc. (PEI) Earth Systems Construction Management Geo Solutions, Inc. Filippin Engineering Pavement Engineering Inc. (PEI) MNS Engineers, Inc. Achievement Engineering Corp Pavement Engineering Inc. (PEI) Planning Water System Consulting Inc. SWCA Environmental Consultants Diversified Project Services (DPSI) Rincon Consultants, Inc. North Coast Engineering (NCE) Dudek Quincy Engineering Right of Way Michael K. Nunley and Associates (MKN) Hamner Jewell & Associates Environmental Consulting & Permitting Structural Engineering Rincon Consultants, Inc. Quincy Engineering Stantec Wood Rodgers Albion Environmental Inc. Stantec Dudek Surveying Tetra Tech North Coast Engineering (NCE) Geotechnical Engineering Garing, Taylor & Associates (GTA) Earth Systems MNS Engineers, Inc. Geo Solutions, Inc. Tetra Tech Tetra Tech Wallace Group Geographic Information Systems (GIS) Stantec GHD Water/Wastewater Engineering Stantec Michael K. Nunley and Associates (MKN) Wallace Group Wallace Group Dudek MNS Engineers, Inc. Tetra Tech Water System Consulting Inc. Grant Administration GHD GHD Rick Engineering Dudek MNS Engineers, Inc. Page 192 of 211