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