TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, Acting City Manager
FROM:
Erick Lee, Public Works Director
Katherine Doherty, City Engineer
Justin Murray, Engineering Technician ll
SUBJECT:Title
Consideration of a Resolution Approving Amendment No. 2 to the Professional Services Agreement with Z&K Consultants, Inc. for $132,194 for Project Management Consulting Services for the Engineering Division (Public Works Director Lee).
A) ADOPT RESOLUTION NO. 24-0093
B) AUTHORIZE
Body
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RECOMMENDATION:
Staff recommends that the City Council approve Amendment No. 2 to the Professional Services Agreement with Z&K Consultants Inc. for $132,194 for on-call project management services in the Engineering Division of the Public Works Department for a total cost not to exceed amount of $182,220.
FISCAL IMPLICATIONS:
The original contract with Z&K Consultants Inc., was executed on June 1, 2022, for $49,926. This amendment increases the total compensation by $132,194 to provide additional services for a total not to exceed amount of $189,220. City Council’s approval of Amendment No. 2 is required at this time, as the additional amount associated with this amendment will cause the total amount of the agreement to exceed the City Manager’s awarding authority. Sufficient funding for this amendment is available in the form of anticipated salary savings from vacant positions in the Public Works Department. There are no additional fiscal implications at this time.
BACKGROUND:
The Engineering Division of the Public Works Department is responsible for advancing and delivering the Capital Improvement Plan budgeted projects. On June 4, 2024, the City Council approved the 5-Year Capital Improvement Program (CIP) Plan, including several new projects that are included in the City Council’s Work Plan and align with needs outlined by the community.
In late 2021, the Public Works Department issued a Request for Proposals (RFP) for Project Management (On-Call) Services for Various CIP Projects. The solicitation resulted in five on-call project management contracts issued. Z&K Consultants Inc. was one of these five firms and their contract was executed on June 1, 2022.
Amendment No. 1 was executed by the City Manager on October 28, 2023 to extend the term of the agreement from December 31, 2023 to December 31, 2025.
In May 2024, Task Order Solicitation No. 2024-04 was issued to all five consultant firms on the City’s on-call list for CIP project management services. The task order was for the retainage of a full-time California Registered Civil Engineer on a contract basis for project management services due to staffing vacancies in the Engineering Division and the need to continue progress on CIP projects. Z&K Consultants Inc. offered the best-qualified personnel fitting the City’s needs.
DISCUSSION:
The approval of Amendment No. 2 in the amount of $132,194 will allow the temporary consultant project manager to continue functioning in this critical role through December 2024. This will maintain progress and allow the Engineering Division to keep the schedule of several key CIP projects. The projects include three projects in the construction phase, the Total Maximum Daily Load (TMDL) Trash Treatment Project, the Cycle 2 Water Infrastructure Improvements Project, and the Cycle 3 Community Development Block Grant (CDBG) Americans with Disabilities Act (ADA) Curb Ramp Project, and one project in planning and design, the Peck Avenue Stormwater Improvements Project.
Maintaining momentum of the projects is crucial to meeting project delivery commitments and completing the City Council-approved Public Works Department Work Plan.
PUBLIC OUTREACH:
After analysis, staff determined that public outreach was not required for this action.
ENVIRONMENTAL REVIEW:
The City Council’s consideration of an amendment to the Professional Services Agreement with Z&K Consultants Inc. has been determined to be exempt from CEQA pursuant to State CEQA Guidelines Section 15061(b)(3), the common sense exemption (formerly the “general rule”) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question can have a significant effect on the environment, the activity is not subject to CEQA, as is the case with this item. Note that future projects managed via the amended contract would be independently subject to CEQA review.
LEGAL REVIEW:
The City Attorney has approved the agreement as to form. The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1. Resolution No. 24-0093
2. Amendment No. 2 - Z&K Consultants Inc.
3. Agreement and Amendment No. 1 - Z&K Consultants Inc.