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HomeMy WebLinkAboutAGENDA REPORT 2021 0602 CCSA REG ITEM 10KCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of June 2, 2021 ACTION APPROVED STAFF RECOMMENDATION. K.Consider Amendment No. 1 to Stantec Consulting Services, Inc. for Arroyo Drive Design Services, Adding Prevailing Wage Language. Staff Recommendation: Authorize the City Manager to sign Amendment No. 1 the Professional Services Agreement with Stantec Consulting Services, Inc., subject to final language approval of the City Manager. (Staff: Shaun Kroes) Item: 10.K. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Shaun Kroes, Public Works Manager DATE: 06/02/2021 Regular Meeting SUBJECT: Consider Amendment No. 1 to Stantec Consulting Services, Inc. for Arroyo Drive Design Services, Adding Prevailing Wage Language BACKGROUND AND DISCUSSION On May 4, 2021, the City executed an Agreement with Stantec Consulting Services, Inc. (Stantec) for Arroyo Drive Design Services, which covers two capital projects; Project C0035 (Overlay of Arroyo Drive) and Project C0037 (Arroyo Drive Bike/Ped). Portions of the work to be performed by Stantec and its subcontractor include work that qualifies as construction work (preconstruction) subject to the requirement of prevailing wages, such as land surveying. Stantec’s pricing factors in the prevailing wage requirements and both Stantec and its subcontractor were already registered with the California Department of Industrial Relations prior to award of the Agreement. The City’s Professional Services Agreement template does not reference to the prevailing wage requirements and compliance monitoring and enforcement by the California Department of Industrial Relations; consequently, staff is proposing the attached Amendment to the Agreement to reflect those requirements. FISCAL IMPACT None. Stantec’s proposal already factored in prevailing wage requirements for work subject to prevailing wage. COUNCIL GOAL COMPLIANCE This action is consistent with City Council Goal 2, Objective 15 (2.15): “Improve Arroyo Drive, including complete design and construction of sidewalk on south side of Arroyo Drive east of the train tracks to Simi Valley city limit line; and complete conceptual design of pedestrian improvements between Collins Drive and train tracks.” Item: 10.K. 348 Honorable City Council 06/02/2021 Regular Meeting Page 2 STAFF RECOMMENDATION Authorize the City Manager to sign Amendment No. 1 the Professional Services Agreement with Stantec Consulting Services, Inc., subject to final language approval of the City Manager. Attachment: Draft Amendment No. 1 349 ATTACHMENT AMENDMENT NO. 1 AGREEMENT FOR ARROYO DRIVE DESIGN SERVICES This Amendment No. ___ to the Agreement between the City of Moorpark, a municipal corporation (“City”), and _________________, a corporation (“Consultant”), for ________________ services (“Agreement”), is made and entered into on this ___ day of ____________________, 202__. RECITALS WHEREAS, on May 4, 2021 the City and Consultant entered into an Agreement to have the Consultant provide pedestrian, bikeway and street improvement design services; and WHEREAS, it is recognized that work to be performed as part of this Agreement includes work that is recognized as a “public works” as defined by California Labor Code Section 1720(a)(1) with preconstruction activities occurring; and WHEREAS, the City and Consultant now desire to amend the Agreement to recognize the requirements of California Labor Code Section 1720(a)(1) and document said agreement to amend by jointly approving Amendment No. 1 to the Agreement. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: I. Section 2, SCOPE OF SERVICES, is amended by adding the following section: “City and Consultant acknowledge that parts of the Scope of Services include work that is considered a public work to which prevailing wages apply, and that when applicable the public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Consultant agrees to comply with and be bound by all the terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Consultant shall be responsible for subcontractor’s compliance with (a) and (b), and Consultant shall take all necessary actions to ensure subcontractor’s compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract.” II. Remaining Provisions: Except as revised by this Amendment No. 1, all of the provisions of the Agreement shall remain in full force and effect. 350 Amendment No. 1 to Agreement between City of Moorpark and Stantec Consulting Services, Inc. Page 2 In Witness Whereof, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF MOORPARK STANTEC CONSULTING SERVICES, INC. _______________________________ _______________________________ Troy Brown City Manager Derek Rapp, T.E. Principal Attest: _______________________________ Ky Spangler City Clerk 351