Agenda #: 5.5
Meeting Date: October 4, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTING SERVICES AGREEMENT WITH TAIT AND
ASSOCIATES, INC. FOR THE DESIGN OF THE GROUNDWATER
DRAINAGE IMPROVEMENTS PHASE 4 & 5 - COPLEY DRIVE AND
MOONLAKE STREET PROJECT (CIP NO. PW23401).
STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Consulting Services Agreement with Tait and Associates, Inc., in the amount of $104,645, plus a contingency amount of $10,465 for a total authorization amount of $115,110.
FINANCIAL IMPACT:
Sufficient funds are included in the FY 2022/23 Capital Improvement Program budget for this Project as follows:
Groundwater Drainage
Improvements-Phase 4 & 5
CIP #PW23401
Design Budget Encumbrance/
Expenses Balance
Measure W $130,000 $130,000
Consultant Services for
Design ($104,645) $25,355
Contingency ($10,465) 14,890
Balance $14,890
The contingency amount of $10,465 for Tait will only be used in the event of unforeseen circumstances that will warrant a contract change order.
BACKGROUND:
In August 2015, a Citywide Comprehensive Drainage Study was prepared to analyze the cause of, and prepare a conceptual solution for, 11 locations throughout the City that had been experiencing groundwater discharge onto the public sidewalk and/or roadways, impacting vehicular and pedestrian traffic. The study analyzed all 11 locations and developed a priority list, preferred design scenarios, and projected cost of implementing each design scenario. Locations with maximum potential impacts on vehicular and pedestrian use were ranked highest in priority (see Attachment 2 - Priority List). Locations #1 through #5 were completed during Phase 1, Phase 2, Brea Canyon Cut-Off Street Rehabilitation, and Phase 3 Projects. The engineering design phase of Locations 6 and 7, Copley Drive and Moonlake Street are proposed to be completed as part of this Groundwater Drainage Improvements Phase 4 & 5 Project (Project) to be followed up with the construction phase. A Location Map for the Project is provided in Attachment 3.
ANALYSIS:
On July 29, 2022, a Request for Proposals (RFP) was issued inviting qualified consultants to submit proposals for the design of the Project as required for the solicitation of Professional Services by the City of Diamond Bar Purchasing Ordinance (Section 3.24.070 of the Diamond Bar City Code).
In response to the City’s RFP, one (1) proposal was received for engineering design services from Tait and Associates, Inc. (Tait).
While Section 3.24.070 of the City’s Purchasing Ordinance requires three (3) bids or quotes for the procurement of Professional Services, an exception can be granted pursuant to Section 3.24.090 which states the bidding requirements may be waived upon authorization of the Purchasing Manager or the City Council for the following:
(a) Where sufficient or satisfactory bids cannot be reasonably obtained, making competitive bidding impossible or impractical; or
(g) The bidding requirements for any other reason are specifically waived by the City Council.
The RFP was posted on the City’s online bidding platform, Planetbids, for three (3) weeks to ensure firms had adequate time to review and propose. There were seven (7) prospective bidders listed, which is typical for a professional services contract. After the submittal deadline, staff reached out to the prospective bidders to determine the reason they did not propose. Many of the firms viewed the RFP with the intention of becoming a sub-consultant to the prime designer and had no intention of submitting a proposal. One firm anticipated the Project would require mostly geotechnical engineering work and assumed they could propose on it as a geotechnical firm. After further review of the RFP, they discovered the Project required more civil engineering work than they anticipated and decided not to submit a proposal.
Additionally, staff reached out to the City’s on-call civil engineering consultants to gauge interest in the Project. They, along with many civil engineering firms in the region, have full workloads with little room to take on new projects.
The City has the option to re-bid in an attempt to acquire at least three proposals. Rebidding does not guarantee additional firms would submit proposals and runs the risk of losing the only proposal currently valid. Consultants allocate resources based on projects in their pipeline and the City’s proposed project schedule. If the project is delayed for the purposes of rebidding, staff and equipment availability may change, which, in turn, could change a consultant’s proposed fee. Furthermore, it may no longer be in a consultant’s best interest to pursue the work altogether.
For the reasons above, seeking additional bids is not recommended. Given that staff has made every reasonable effort to procure competitive bids, the City is in compliance with the Diamond Bar Purchasing Ordinance by moving forward with the current fee proposal from Tait.
Tait’s proposal was reviewed and evaluated based on:
1) General responsiveness to the City’s RFP
2) Staff and firm experience with projects in similar size and scope 3) Approach/methodology
4) Hours and level of effort
5) Ability to meet the City’s schedule and expectations 6) References
In consideration of the six (6) criteria mentioned above, staff concurred that the proposal from Tait meets and/or exceeds all requirements.
Tait’s proposal discussed several items that will prove critical to the Project’s success, including coordination with the Los Angeles County Flood Control District to acquire connection permits should the design require connection to the storm drain system and a design that will minimize impacts to streets, sidewalks, traffic control, and trees. There is adequate budget to include Tait’s proposed alternate work items: utility potholing, asbuilt plan submittal, and geotechnical investigation. Utility potholing will ensure a design that does not interfere with any underground utility structures, and as-built plan submittal will provide the City with construction-accurate plans post-construction to keep as the City’s permanent record. A preliminary geotechnical investigation is critical to understand any limitations the existing soil could bring to the Project and allows the City to explore groundwater infiltration as a potential design.
Additionally, Tait has already provided the design and construction administration services for Phase 1, Phase 2, and Phase 3 of the groundwater drainage improvements projects. Their experience with the successful implementation of these projects will prove valuable in foreseeing any challenges while efficiently completing the plans and specifications. Lastly, Tait was an integral part of preparing a design for the Phase 3 Project that led to the project being completed with a savings of $480,718.
The Project schedule is tentatively set as follows:
Award of Contract October 2022
Begin Design October 2022
Complete Design February 2022
LEGAL REVIEW:
The City Attorney has reviewed and approved the agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.5.a Consulting Services Agreement with Tait and Associates, Inc.
2. 5.5.b Priority List
3. 5.5.c Location Map