Agenda #: 5.8
Meeting Date: November 7, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FIRST AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH TAIT & ASSOCIATES, INC. FOR ON-CALL CIVIL ENGINEERING & ARCHITECTURAL SERVICES THROUGH JUNE 30,
2026.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
A. Determine that the approval of the first amendment for the proposed design projects are not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Article 18, Section 15262; B. Appropriate $55,000 from the FY2023-24 Measure W Fund (Fund # 201) to the Capital Improvement Program Fund (Fund # 301) for design of the groundwater drainage improvements at Cold Spring Lane; and
C. Approve, and authorize the City Manager to sign, Amendment No. 1 to the Consulting Services Agreement with TAIT & Associates, Inc., for a not-to-exceed annual amount of $140,000 for Fiscal Year 2023-24.
FINANCIAL IMPACT:
The Fiscal Year 2023-2024 Public Works Operating Budget includes a budget for oncall civil engineering and architectural services. Of that budget, $50,000 has been allocated to the on-call contract with TAIT & Associates, Inc. (“Tait”) to provide the service. In the current Fiscal Year, this budgeted funding and Tait’s not-to-exceed amount is reserved for previously planned projects.
The City intends to assign Tait two (2) additional tasks:
1. Design Services for the Pantera Park Hard Court Rehabilitation and LED Retrofit
Project (CIP# FP23503): The Project will cost $35,000 with contingency. The FY 2023-24 Capital Improvement Program includes sufficient funds for this task. (CIP# FP23503) Budget Encumbrance/
Expenses
Balance
Park Development Fund $57,000 $57,000
Prop 68 $213,000 $270,000
Design Services ($28,150) $241,850
Design Services Contingency ($6,850) $235,000
Balance (to be used for the
construction phase)
$235,000
2. Design Services for the Groundwater Drainage Improvements at Cold Spring Lane (to be added to CIP# SI23101): The design work is proposed to cost $55,000 with contingency. Since this work was not budgeted previously, it is requested that funds be appropriated for it from Measure W (Fund # 201). This work will be incorporated into the existing Area 3 Residential and Arterial Pavement Rehabilitation Design Project (CIP# SI23101).
(CIP# SI23101) Budget Encumbrance/
Expenses
Balance
Measure M $380,000 $380,000
Measure W – New Request $55,000 $435,000
Existing Pavement Design
Contract with NCE, Inc.; including
contingency
($380,000) $55,000
Groundwater Drainage Design
Services (New)
($46,320) $8,680
Contingency for Groundwater
Drainage Design Services (New)
($8,680) $0
Balance $0
Upon appropriation, the amended total not-to-exceed amount for Tait’s Agreement in Fiscal Year 2023-24 would be $140,000.
TAIT & Associates, Inc. Agreement Funding Sources in FY 2022/23 Only Operating Budget
On-Call Account#
100615-54440;
Existing in Contract
CIP# FP23503
(Pantera Park
Hardcourt &
LED), Addition to
Contract
CIP# SI23101
(Groundwater Work
on Pavement
Design); Addition to
Contract
Contract new total
not-to-exceed
amount in FY
2023/24
$50,000 $35,000 $55,000 $140,000
BACKGROUND:
On June 20, 2023, the City Council authorized TAIT & Associates, Inc. (Tait) to provide on-call civil engineering and architectural services for a three-year term (July 1, 2023 to June 30, 2026) with an annual not-to-exceed amount of $50,000.
For this current fiscal year, the City has tasked Tait to prepare detailed plans and specifications for landscape improvements at the Diamond Bar Center (DBC) and Grand Avenue along the DBC property frontage, among other on-call tasks that may arise. Although the cost of this design work is within the current budget and will not exceed the contract not-to-exceed amount, it leaves no capacity in the contract not-toexceed amount for any additional works.
Pantera Park Hard Court Rehabilitation and LED Retrofit Project: On June 7, 2022, the City Council approved CIP# FP23503. The attached Exhibit “C” shows this project’s location.
Groundwater Drainage Improvements at Cold Spring Lane: On June 20, 2023, the City Council approved the Residential and Arterial Pavement Rehabilitation Design Project (CIP# SI23101) for Area 3. On Cold Spring Lane, south of Diamond Bar Boulevard, groundwater was observed to flow out of roadway cracks and patches at intermittent times throughout the year. The attached Exhibit “D” shows this project’s location. When unmitigated, this groundwater issue affects the pavement durability and requires frequent maintenance. This issue can be resolved by the construction of a subdrain system to capture the groundwater before it surfaces and discharge it to the proper storm drainage infrastructure.
As part of the Area 3 pavement design work, it became evident that this groundwater issue needs to be addressed prior to moving forward with the finalization of the plans.
This issue was not identified and included in the original design scope of work.
ANALYSIS:
Pantera Park Hard Court Rehabilitation and LED Retrofit Project: Due to the project's grant funding requirements, it is considered a public works project under the applicable procurement regulations. As a result, certain design documents must be prepared before the City can move forward with the construction phase.
Groundwater Drainage Improvements at Cold Spring Lane: Since Tait has an existing on-call contract with the City for civil engineering design services and has done multiple similar groundwater drainage improvement projects for the City in the past, it would be appropriate to have Tait provide design service for this groundwater issue. The result of this design effort will be later integrated into the pavement rehabilitation project design documents, which are near completion by a different consultant with expertise in pavement works. The integrated design document will go before the City Council for approval prior to going through a bidding process for construction.
Both of the above tasks can be completed by Tait within the scope of their current oncall consulting services agreement. In order to authorize Tait to perform this work, the not-to-exceed amount of the existing contract must be increased to $140,000 for this current Fiscal Year. This amendment will not change the not-to-exceed amount of $50,000 for future fiscal years in the Original Agreement.
Alternatively, the City can solicit proposals from other qualified firms to provide design services for the aforementioned design work. Pursuit of this option will require a separate process to advertise the respective projects, receive proposals, and prepare consultant service agreement recommendations for the City Council’s consideration.
This could result in higher costs for design services than working with Tait’s previously approved rates for their on-call work.
ENVIRONMENTAL REVIEW:
The City Council’s approval of this first amendment for these design services tasks are not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to Article 18 (Statutory Exemptions), Section 15262 of the CEQA Guidelines, which exempts “feasibility or planning studies for possible future actions [that] the agency has not yet approved.”
LEGAL REVIEW:
The City Attorney has reviewed and approved the amended Agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.8.a First Amendment to Agreement with Tait & Associates, Inc.
2. 5.8.b Tait Proposal for CIP# FP23503
3. 5.8.c Tait Proposal for CIP# SI23101
4. 5.8.d Pantera Park Project Limits
5. 5.8.e Cold Spring Lane Project Limits