Administrative
Report
H.16., File # 23-6962 Meeting Date: 11/7/2023
To: MAYOR AND CITY COUNCIL
From: TED SEMAAN, PUBLIC WORKS DIRECTOR
TITLE
APPROVE AN AMENDMENT TO THE ON-CALL CONSULTING SERVICES AGREEMENT WITH ELLIS ENVIRONMENTAL MANAGEMENT, INC. TO INCREASE THE NOT TO EXCEED AMOUNT BY $100,000 FOR A NEW TOTAL NOT TO EXCEED AMOUNT OF $200,000, AND TO EXTEND THE TERM TO NOVEMBER 1, 2025
EXECUTIVE SUMMARY
In an effort to accelerate CIP project delivery, Public Works Department staff has negotiated on-call professional service agreements with engineering, architecture, and surveying firms to allow for quick assignment of smaller work tasks by setting up the contract conditions in advance. Funding for each task comes from projects and programs that have already received Council approval and appropriations.
The City Council has awarded a number of these contracts and amendments in the past, and they have been successfully used in a variety of instances to accelerate project delivery. The proposed amendment to the agreement with Ellis Environmental Management is needed to continue consulting services for Phase 1 environmental site assessment, lead and mold testing, and abatement work.
BACKGROUND
During the City’s FY 2018-19 budget process, a Budget Response Report was prepared that identified several tools that could be used to accelerate the pace of delivery of CIP projects. One tool that staff strongly recommended was on-call contracting for professional services. On-call service contracts are, by definition, not fully defined as to the scope, amount and encumbrance of a funding source. To overcome these uncertainties, the contracts include a mechanism for staff to receive quotes and award work on a task by task basis, with a “not to exceed” limit for the amount of work awarded to a vendor. This allows staff to quickly assign smaller work tasks (e.g. geotechnical engineering, surveying, etc.) without having to develop and present an individual contract to City Council for award. Funding sources for on-call contracts are not identified at the time of award.
Rather, as tasks are assigned to an on-call vendor, the funding is assigned (using purchase orders) from an appropriated funding source for the project to which the work applies.
The Public Works Engineering Services Division and the City Attorney’s Office worked together to develop a contract template for solicitation of RFP’s for on-call consulting services. The template stipulates a two-year term with a not to exceed value of $100,000 for that term. A standard amendment template was also produced to add an additional two years to the term and an additional
H.16., File # 23-6962 Meeting Date: 11/7/2023
$100,000 to the contract’s not to exceed limit.
The Engineering Services Division benefits from active on-call contracts with 16 firms specializing in many disciplines. Use of these services has accelerated delivery of many projects, as intended, and several of these agreements have been amended by the City Council to extend their active dates and overall not-to-exceed value. These agreements provide the City with a deep and broad bench of firms to supplement staff’s efforts to deliver capital improvement projects.
This item presents the first amendment with Ellis Environmental Management Inc. (Ellis), an environmental and hazardous material abatement consultant who specializes in the development and monitoring of hazardous material abatement plans, in-situ testing, and laboratory testing of hazardous materials. Ellis has provided quality service and contributed to the successful completion of a number of stand-alone City projects. This first amendment is needed to provide support for upcoming facility improvement projects where abatement of hazardous materials is anticipated. Ellis will be paid in accordance with the updated rate schedule included in the first amendment, and the term of the Agreement will be extended through November 1, 2025.
COORDINATION
The on-call contract development was coordinated between the City Attorney’s Office and the Public Works Department. The City Attorney’s Office prepared and approved the amendment as to form.
FISCAL IMPACT
Funding for the Agreement is committed as tasks are assigned to Ellis and are derived from funds that have been appropriated by City Council to the related project.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Agmt - First Amendment with Ellis Environmental Management, Inc. · Agmt - Ellis Environmental Management, Inc., November 2, 2021 · Insurance - Ellis Environmental Management, Inc.