HomeMy WebLinkAboutAGENDA REPORT 2017 0906 CCSA REG ITEM 10V ITEM 10.V.
CITY OP MOORPAR ,CALIFORNIA
Cita Council Meeting
of 9-6 40/7
ACTION: .
MOORPARK CITY COUNCIL IBY`
AGENDA REPORT
TO: Honorable City Council
FROM: Sean Corrigan, City Engineer/Public Works Director
Prepared by: Shaun Kroes, Program Manager
DATE: August 18, 2017 (CC Meeting of 09/06/17)
SUBJECT: Consider Amendment No. 4 to Agreement with RJR Engineering
Group, LLC, for Municipal Engineering Services
BACKGROUND/DISCUSSION
On April 9, 2009, the City executed an Agreement with RJR Engineering Group, LLC
(RJR), for municipal engineering services (Agreement). Examples of the services
provided include (but are not limited to):
1. Development engineering.
2. Land development construction inspection services.
3. Geology and soils engineering services.
4. Plan and map checking services.
Although the majority of the Agreement is related to developer based work in which the
City collects deposit fees from development projects which are then paid to RJR for
their services, the Agreement does provide for the ability of the City to use RJR's
services for the City's own projects. The original City Council action in 2009 did not
establish a not to exceed amount for the Agreement. Staff is recommending that City
Council now establish a formal not to exceed amount for RJR's services related to City
specific projects. For example, if RJR's services were needed for design services or
construction inspection of a City project, the not toexceed amount would be applicable.
Total expenditures for RJR's services would be tracked through the Additional Services
Authorization (ASA). A total not to exceed amount of$75,000.00 is requested.
In addition to the not to exceed amount, staff is proposing a few additional updates to
the Agreement, including:
1. Establishing a specific per Lot Line Adjustment (LLA) fee of $2,180.00 plus
632
Honorable City Council
January, 20, 2016
Page 2
$80.00 per additional lot. Currently, RJR submits a cost proposal to the City for
each individual LLA it performs. For LLAs, the City collects a specific fee of
$2,800 plus $110 from the public per Resolution 2017-3608, approved on July 5,
2017.
2. The City has not raised RJR's fees since 2013, though RJR has a contractual
ability to request a fee increase every year, based upon the Consumer Price
Index (CPI). Staff is recommending to increase the Construction Inspector fee
from $72.79 to $81.00 per hour (an increase of 11.28% from 2013 to 2017. Staff
is also proposing to simplify all of RJR's hourly rates, removing cents. For
example, the Principal Professional hourly rate would be increased from $172.17
to $173.00.
3. The City is also adding a standard Scope of Work Requirement for Professional
Services Agreements clause that is used in current professional services
agreements.
FISCAL IMPACT
Amendment No. 4 (attached) would establish a not to exceed amount of $75,000.00 for
ASAs for City projects. Funding for individual ASAs would come from the specific
projects and would either be included in the City's budget, or, City Council would be
requested to approve a specific budget amendment.
STAFF RECOMMENDATION
Authorize the City Manager to sign Amendment No. 4 to the Agreement with RJR
Engineering Group, LLC, for municipal engineering services, establishing a not to exceed
amount of $75,000.00 for City projects and updating hourly rate charges, subject to final
language approval of the City Manager.
Attachment
633
AMENDMENT NO. 4
TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND
RJR ENGINEERING GROUP, LLC FOR MUNICIPAL ENGINEERING SERVICES
This Amendment No. 4 to the Agreement between the City of Moorpark, a
municipal corporation ("City"), and RJR Engineering Group, LLC, a limited liability
company ("Consultant"), for municipal engineering services ("Agreement"), is made and
entered into the day of , 2017.
RECITALS
WHEREAS, on April 9, 2009, the City and Consultant entered into an Agreement
to have the Consultant provide municipal engineering services; and
WHEREAS, on November 4, 2009, Amendment No. 1 to the Agreement was
executed modifying the provisions for Public Works Encroachment Permits and Land
Development Inspection; and
WHEREAS, on November 8, 2013, Amendment No. 2 to the Agreement was
executed modifying the Consultant's hourly rates; and
WHEREAS, on May 18, 2016, Amendment No. 3 to the Agreement was
executed changing the Consultant's name from RJR Engineering Group to RJR
Engineering Group, LLC; and
WHEREAS, the City now desires to establish a flat fee payment for the review of
Lot Line Adjustments through a subconsultant to the Consultant's Scope of Work; and
WHEREAS, the City and Consultant have agreed to adjust Consultants hourly
rates and document said adjustments in Exhibit "E"; and
WHEREAS, the City desires to establish a not to exceed amount of seventy-five
thousand dollars ($75,000.00) for engineering services for City-specific projects; and
WHEREAS, the City desires to establish additional legal responsibilities
language from California Government Code Section 7550 to the Agreement; and
WHEREAS, the City and Consultant now desire to amend the Agreement to
include a separate Lot Line Adjustment fee to the Consultant's Scope of Services;
increase Consultant's hourly rate for Construction Inspector and replace the Revised
Exhibit B with Exhibit E; establish a not to exceed amount of seventy-five thousand
dollars ($75,000.00) for engineering services for City specific projects; and add
additional legal responsibilities language from California Government Code Section
7550; and now wish to document said agreement by jointly approving this Amendment
No. 4 to the Agreement.
634
NOW, THEREFORE, it is mutually agreed by and between the parties to the
Agreement as follows:
Section I, COMPENSATION TO CONSULTANT, Subsection C — Land
Development Review is amended to include No. 3 as follows:
"Consultant shall retain the appropriate licensed professional to
review Lot Line Adjustments (LLA) and to perform surveys. City shall
assign a LLA task to Consultant through an ASA. The Consultant shall be
paid a flat fee of two thousand one hundred eighty dollars ($2,180.00) per
project. If the LLA includes more than one lot and the City collects an
additional per-lot fee based on a City Fee Resolution, the Consultant shall
be paid an additional eighty dollars ($80.00) per lot. Consultant's LLA work
shall include work at single lots, minor adjustments, housing tracts,
commercial and other sites, along with Certificates of Compliances and
Relinquishments. Consultant's work shall include no more than three (3)
plan checks per project.
If City requests additional work beyond the work detailed above,
Consultant shall be permitted to submit a separate cost proposal for
consideration for an ASA to be signed by the City Manager or his/her
designee prior to any work commencing."
II. SECTION I, COMPENSATION TO CONSULTANT, Subsection F — The Hourly
Rates of the Consultant is amended by replacing this section in its entirety as follows:
"The Hourly Rates of the Consultant shall be as provided in Exhibit
,E„ Y
The hourly fee rates for services provided pursuant to Sections 1.A,
•
1.C, 1.D, 1.E, and 1.F -of this Agreement shall be those contained in
Exhibit "E". Said rates may be adjusted July 1, 2018 and each subsequent
July 1 as follows:
Consultant shall notify City in writing forty-five (45) days or
more prior to July 1 of the proposed changes in said hourly
rates. The proposed change shall be either the change to
the Consumer Price Index, using the U.S. City Average for
All Urban Consumers All Items Indexes for the previous 12-
month period (April to previous April) or seven percent (7%),
whichever is less. Said 'changes consistent with the above
limits shall become effective July 1 unless City notifies
Consultant in writing of its rejection of the intended changes
in hourly rates. A written request for changes in excess of
the above limits must be submitted to City forty-five (45)
days prior to the proposed effective date and requires City
Council approval to become effective.
6 3 5
Amendment No. 4 to Agreement between City of Moorpark and RJR Engineering Group, LLC Page 2
For services provided for City projects, the total not to exceed
amount shall be seventy-five thousand dollars ($75,000.00) for the Term
of this Agreement. The not to exceed amount shall be tracked through
ASAs."
III. SECTION III, GENERAL CONDITIONS, is amended by adding Subsection U as
follows:
"The Consultant shall keep itself informed of local, state, and
federal laws and regulations which in any manner affect those employed
by it or in any way affect the performance of its service pursuant to this
Agreement. The Consultant shall at all times observe and comply with all
such laws and regulations, including but not limited to the Americans with
Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The Consultant shall comply with and sign Exhibit F, the
Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550, when
applicable. The City, and its officers and employees, shall not be liable at
law or in equity occasioned by failure of the Consultant to comply with this
Section."
IV. REMAINING PROVISIONS:
Except as revised by this Amendment No. 4, all of the provisions of the
Agreement shall remain in full force and effect.
In Witness Whereof, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK RJR ENGINEERING GROUP, LLC
Steven Kueny Robert W. Anderson
City Manager President
Attest:
Maureen Benson, City Clerk
6 3 6
Amendment No. 4 to Agreement between City of Moorpark and RJR Engineering Group, LLC Page 3
Exhibit E
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ENGINEERING',
August 22,2017 rev.
PN 1503
CITY OF MOORPARK
799 Moorpark Avenue,
Moorpark, California 93021
Attention: Mr. Shaun Kroes,Public Works Program Manager
Subject: PROPOSED CONSULTING FEES
Dear Mr.Kroes:
RJR Engineering Group (RJR) has prepared the following summary of the current and proposed
consulting fees:
Year Year Year
Classification 7/2012—6/2013 7/2013—8/2017 Sept 2017-Forward
Principal Professional $ 172.17 $ 172.17 $ 173.00
Senior Professional $ 149.21 $ 149.21 $ 150.00
Project Professional $ 114.78 $ 114.78 $ 115.00
Staff Professional $ 104.38 $ 104.38 $ 105.00
Senior Draftsman ' $ 95.42 $ 95.42 - $ 95.00
Draftsman $ 78.08 $ 78.08 $ 78.00
Construction Inspector $ 72.00 $ 72.79 $ 81.00
Permit Technician $'61.56 $ 61.56 $ 62.00
Admin.Assistant $ 46.96 $ 46.96 $ 47.00
If you have any questions,pleasedo ofhesitate to contact us at(805)485-3935. Sincerely,
RJR ENG I RING GRO P 'LLC.
ENG
f
Robe W. TAM. N.S.P.E.,R.C.E.,Juris Doctorate(JD)
Princii al Civil Engineer-RCE 58383 (CA)
Arizona: RCE 51923 Washington PE 47559 South Dakota PE11546 Colorado PE 44734
Hawaii RCE 14230 Oregon RCE 84690 North Dakota PE 8252 New York PE 92272
North Carolina PE 043503 Nevada PE 22968
Certified CPESC#6840&Trainer 1
California Certified QSP/QSD#21902&Trainer of Record(ToR)—Industrial and Construction
Certified Stormwater Manager(APWA)and Council National Chairman-CSM
Certified CESSWI#3270&Trainer
Certified CPSWQ#0920&Trainer
Certified CMS4S#0223&Trainer
2340 Palma Drive,Suite 200 1 Ventura,CA 93003 I p:805.485.3935 I www.rjreng.4, 7
Amendment No.4 to Agreement between City of Moorpark and RJR Engineering Group, LLC Page 4
Exhibit F
CITY OF MOORPARK
Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550
Consultant shall sign and include this page in any document or written reports prepared by
Consultant for the City of Moorpark (City) to which California Government Code Section 7550
(Government Code §7550) applies. Government Code §7550 reads:
"(a) Any document or written report prepared for or under the direction of a state
or local agency, that is prepared in whole or in part by nonemployees of the
agency, shall contain the numbers and dollar amounts of all contracts and
subcontracts relating to the preparation of the document or written report; if the
total cost for the work performed by nonemployees of the agency exceeds five
thousand dollars ($5,000). The contract and subcontract numbers and dollar
amounts shall be contained in a separate section of the document or written
report.
(b) When multiple documents or written reports are the subject or product of the
contract, the disclosure section may also contain a statement indicating that the
total contract amount represents compensation for multiple documents or written
reports."
For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed
and completed copy of this form must be attached to all documents or completed reports
submitted to the City pursuant to the Scope of Work.
Does the dollar value of this Professional Services Agreement exceed $5,000?
❑ Yes No
If yes, then the following information must be provided in compliance with
Government Code § 7550:
1. Dollar amount of Agreement/Contract: $
2. Dollar amount of Subcontract: $
3. Does the total contract amount represent compensation for multiple
documents or written reports? _ ❑ Yes 0 No
I have read the foregoing Code section and will comply with Government Code §7550.
RJR Engineering Group, LLC
Robert W. Anderson, President Date
Amendment No. 4 to Agreement between City of Moorpark and RJR Engineering Group, LLC Page 5 6 3 8