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03.13 As-Needed Construction Management Services Amendment O�o . � aRpppq� . . . . . .. . . . . .. . . .. . .. .. 4� \a� Fa�� : _ � . . *.f i2 AGENDA ITEM � . .:� _. � 2�� �a,i s;e��;�c° : `bU►,��A ; :: J une 11� 2019 , � TO:: Honorable Mayor and Members of the City Council THRU: . .Rick Otto, City Manager . �: .. � FROM:., Christopher.Cash,.PubFic.Works;,Director. . _ REVIEW: City Manage � Finance � , 1_. SUBJECT : � - First Amendrnent to Agreement with Onward :Engineering for as=needed Construction Management:Services. :: � 2:: : SUMMARY This amendment authorizes Onward Engineering to perform as=needed construction . rnanagemenf services._ . : :. : 3.: : :. RECO:MMENDED ACTION . : . Approve :the::amendment. #o : agreemenf :with: .Onward Engineering for ::as needed ; , Construction Management Services.and authorize the Mayor and City Clerk to execute . the Amendment on behalf of.the.City: . . _ . 4. FISCAL IM.PACT Fiscal impact to the:City will be determined by the actual billed hours fo:r each project as needed:construction management services. . : , , 5.. : : STRATEGIC: PLAN GOALS � - Goal 1: .Provide for a safe.community b. Provide.and maintain;infrastructure necessary to ensure the:safety of the public: � Goa14: Provide outstan.ding' public service b.:Provide facil'ities and services to meet customer expectations. 6. ' DISCUSSION AND BACKGROUND In Iafe 2018, the Public Works Department Construction Engineering Division had a shortage of staff due to a change in staffing. With the workload and staffing level, staff requested. ;St:atement of Q.ualifications from three qualified .constYuction managemenf . services firms for the as-needed basis After evaluating: the Staternent of Qualifications and .interviewing the three firrns;. staff ,recommended awarding` the: construction �. : management�services to Onward Engineering , ,. :: ITEM �� 1 � 06/11/2019 r; On February 7, 2019, the City of Orange entered into a consultant services contract with Onward Engineering, in the amount of $29,500 for construction management services. The Consultant's total compensation was exhausted at the end of April, 2019, and Onward Engineering services ended in mid-May, 2019. This First Amendment authorizes an increase in contract amount of $30,000 to Onward Engineering Original Consultant Service Agreement, and the breakdown of additional compensation is as follow: • $8,000 for payments to mid-May, 2019 • $22,000 for future as-needed construction management services The Consultant's total compensation under the Original Agreement, as amended by this First Amendment shall not exceed $59,500. Funding for this consultant service will be from programmed CIP project funding and will not be from any general fund. Payments will be made according to the actual hours spent on each CIP project by the consultant. 7. ATTACHMENT • First Amendment to Consultant Services Agreement ITEM 2 06/11/2019 AGR-6734.1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the "First Amendment") is made and entered into as of , 2019, by and between the CITY OF ORANGE, a municipal corporation ("Cit�'), and ONWARD ENGINEERING, a California corporation("Consultant"),with reference to the following: A. The City and the Consultant entered into that certain Professional Services Agreement (Agreement No. 6734) dated as of February 7, 2019, which is incorporated herein by this reference (the"Original Agreement"); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW,THEREFORE,the parties hereby agree as follows: Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. Section 2. Cross-References. City and Consultant agree that all references in this First Amendment are deemed and construed to refer to the Original Agreement, as implemented by this First Amendment. Section 3. Compensation. The total not-to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by THIIZTY THOUSAND DOLLARS and 00/100 ($30,000.00) and Section 2.a is hereby amended in its entirety to read as follows: "Consultant's total compensation for all services performed under this Agreement, shall not exceed FIFTY-NINE THOUSAND FIVE HiJNDRED DOLLARS and 00/100 ($59,500.00) without the prior written authorization of City." Section 4. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties. IN WITNESS of this Agreement, the parties enter into this Agreement on the year and day first above written. "CONSULTANT" "CTTY" ONWARD ENGINEERING, CITY OF ORANGE, a municipal corporation a California corporation *By: By: Printed Name: Mark A. Murphy, Mayor Title: *By: ATTEST: Printed Name: Title: Pamela Coleman, City Clerk APPROVED AS TO FORM: Gary A. Sheatz, City Attorney *NOTE: If CONSULTANT is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a �ce President,AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office,please so indicate. OR -- The corporate offtcer named in a corporate resolution as authorized to enter into this Agreemen� A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.