Item Number: {{item.number}}
City Council / Board of Directors
Written Communications
Meeting of: December 5, 2023
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Amendments to Consultant/Professional Services Provider Agreements with Padilla & Associates, Inc. for Disadvantage Business Enterprise (DBE) and Labor Compliance Services
Recommendation:
That the Honorable City Council:
1) Approve Amendment No. 1 to Consultant/Professional Services Provider Agreement ESC20-071 in an amount not to exceed $25,000.00; and
2) Approve Amendment No. 2 to Consultant/Professional Services Provider Agreement ESC21-094 in an amount not to exceed $35,000.00.
Fiscal Impact:
The action for agreement ESC20-071 will result in a fiscal impact of $25,000.00. An additional appropriation is not required. The amendment for agreement ESC20-071 is being funded by Fund 250, Measure I budgeted for the Guardrail Project (60129) and Mojave Drive at Condor Road Traffic Signal Project (62053), and Fund 200 Street Lighting budgeted for project 62053. Please refer to the table below that shows the account numbers and available budget.
Account No. Available Budget:
2504500-55330-60129 $ 679.57
2004500-55330-62053 $ 94,446.13
2504500-55315-62053 $ 248,748.60
Total $ 343,874.30
The action for agreement ESC21-094 will result in a fiscal impact of $35,000.00. An additional appropriation is not required. The amendment for agreement ESC21-094 is being funded by Fund 352, Road Development Impact Fees (DIF) budgeted for the two 3 3
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following projects: Green Tree Boulevard Extension (60013) and Bear Valley Road Overhead (60014). Please refer to the table below that shows the account numbers and available budgets:
Account No. Available Budget:
3524500-55315-60013 $ 3,153,213.71
3524500-55315-60014 $ 166,156.41
Total $ 3,319,370.12
Strategic Plan Goal:
This project aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026 by increasing funding for the evaluation, monitoring and reporting of DBE efforts and contributions to capital projects.
Background:
In response to an informal request, the City entered into an agreement (ESC20-071) with Padilla & Associates, Inc. in January of 2020 to consult and assist the City with Disadvantaged Business Enterprise regulatory requirements for capital improvements utilizing federal funding. The services provided under this agreement are intended to assist the City with evaluating and updating the DBE program and train City staff. The expert services further include on-call reviewing, evaluating, and reporting on DBE bid document submissions for federally funded projects from consultants and contractors.
The services further include receiving, monitoring, reviewing, and reporting of DBE participation documents and forms during construction of federally funded capital projects. This agreement was not intended to be associated with a specific project and has been used for multiple federally funded capital projects.
Subsequently in May of 2021, the City entered into another agreement (ESC21-094) with Padilla & Associates, Inc. to an informal request. Excluding reviewing and updating the City’s DBE program and training of City staff, this agreement retained the same scope of work as generally described above.
Both agreements provide the City with professional assistance in the implementation of Federal DBE regulatory requirements under Title 49 of Federal Regulations Part 26 and Caltrans Local Assistance Procedure Manual. The City is currently using both of these agreements to monitor and report on the DBE efforts of four (4) federally funded projects.
These projects include: Green Tree Boulevard Extension (60013), Bear Valley Road Overhead (60014), Guardrail (60129), and Mojave Drive at Condor Road Traffic Signal projects (62053). The construction phase of two of the listed projects is complete, however the final review of DBE efforts is still ongoing. Final reporting of DBE efforts is required for submission to Caltrans for final grant reimbursement of construction costs associated with the projects. All four projects will require the City to retain the services of Padilla & Associates until construction monitoring and post construction reporting to Caltrans is complete for each one.
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Discussion:
The City has a total of three (3) active agreements with Padilla & Associates, two managed by Engineering and the third by SCLA. Cumulatively, an amendment to one of the three agreements for an increase to the compensation limit therein exceeds the City Managers authority of $125,000.00 per Municipal Code Section 2.28.060(e)(3).
Conditions outside the control of the City and contractors have resulted in a delay in the completion of the work for each project. These conditions include a delay or long lead time for the delivery of construction materials from manufactures, and limited railroad work windows to complete work in their property. The resultant delays have extended the period of time required to retain the professional services of Padilla & Associates beyond the estimated completion date of each project. To finalize reporting documents for submission to Caltrans for grant reimbursements and to complete all four of the projects these contracts have been utilized for, an amendment to increase the compensation limit in each agreement will be required.
Staff recommends the City Council approve Amendment No. 1 to Consultant/Professional Services Provider Agreement ESC20-071 in an amount not to exceed $25,000.00 and approve Amendment No. 2 to Consultant/Professional Services Provider Agreement ESC21-094 in an amount not to exceed $35,000.00 to retain the services of Padilla & Associates Inc.
Staff is available to answer any questions the Council may have.
Attachments: A. Amendment No. 1
B. Amendment No. 2