Loading...
CC - Item 6D - Discussion Regarding Bids for Engineering Services• E M F S ~ p HC~RPORA7F1` a`~~ • ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER C. CHI, CITY MANAGER 0"`6'1'" DATE: DECEMBER 11, 2007 SUBJECT: DISCUSSION REGARDING BIDS FOR ENGINEERING SERVICES SUMMARY Recently, members of the City Council discussed with staff the possibility of re-bidding our existing contract for engineering services. Currently, the City of Rosemead contracts with the Willdan Group, Inc., for our engineering related needs (Attachment A). The contract, which was approved on July 14, 1981, provides the City with part-time staffing for our engineering operation and also allows Willdan the opportunity to provide design and engineering services for City capital improvement projects. For the operations portion of the engineering function, Willdan provides three different positions, including a part-time City Engineer, a part-time support engineer, and a part-time public works inspector. In addition, the City has a traffic engineer on retainer from the Willdan Group, Inc. who is used on an as needed basis. In total, the operations portion of the engineering contract will cost the City around $500,000 during the 2007-2008 fiscal year. Furthermore, the 2007-2008 CIP budget includes funds allocated to pay Willdan for design and engineering services in the amount of approximately $425,000. This results in a total cost of around $925,000 for our engineering services. More recently, the City has experienced the departure of two long-time members from our engineering team. With this loss of institutional knowledge, it would be prudent for the City Council to considering issuing a request-for-proposal (RFP) to re-bid the entire engineering contract to ensure the efficiency and effectiveness of this vital City function. Staff Recommendation Staff recommends that the City Council provide direction regarding the issuance of an RFP for engineering services. ANALYSIS If the City Council decides to issue an RFP soliciting proposals for engineering services, staff would work to prepare the bid documents for City Council approval prior to issuance. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Attachment A: Willdan Engineering Contract APPROVED FOR CITY COUNCIL AGENDA: 0 AGREEMENT FOR BUILDING OFFICIAL AND CITY ENGINEERING SERVICES THIS AGREEMENT, made and entered into this 14th day of July , 1981, by and between the City of Rosemead, a municipal corporation located in the County of Los Angeles, State of California, hereinafter referred to as "CITY" and Willdan Associates, a California corporation with principal offices at 1020 South Anaheim Boulevard, Anaheim, California, hereinafter referred to as "ENGINEER". W I T N E S S E T H: WHEREAS, CITY has heretofor utilized the services of the County of Los Angeles on a contractural basis for build- ing law enforcement and city engineering; and WHEREAS, CITY desires to contract for such services with a private consultant in anticipation that said private consultant can provide such services in a more expeditious manner at or below the present costs to the CITY; and WHEREAS, ENGINEER is experienced in providing such services for municipal corporations and is able to provide personnel with the proper experience background to carry out the duties involved; and WHEREAS, CITY wishes to retain ENGINEER for the perfor- mance of said services; NOW, THEREFORE, in consideration of the mutual cove- nants, benefits and premises herein stated, the parties hereto agree as follows: • r • r CITY does hereby appoint ENGINEER in a contractual capacity as Building Official and City Engineer and ENGINEER shall perform the following services in accordance with the terms and conditions hereinafter set forth: I BUILDING OFFICIAL SERVICES ENGINEER shall enforce the provisions of the CITY's building laws and codes and make such inspec- tions as may be required to effect such enforcement and issue permits as are required by the CITY's ordinances and codes. Such enforcement shall include the duties set forth in the ordinance of the CITY for the Building Official and in the performance of such work, the officials and building inspectors of ENGINEER shall have the power and duties of Building Inspector of the CITY. These duties may be divided into the following categories: (A) Plan Checking ENGINEER shall review the plans prepared by or on behalf of the various private developers for compliance with the ordinances of CITY. ENGINEER shall maintain close liaison with the CITY's Planning Department in order that the appropriate requirements of that depart- ment are incorporated within such building plans. ENGINEER shall arrange reviews by other appropriate agencies having jurisdiction in such matters relative to the enforcement of the Fire Codes, Sanitation Codes and Health Codes. When satisfied that the appropriate requirements of the CITY's codes have been met, ENGINEER shall issue permits as appropriately set forth in such codes. (B) Building Inspection ENGINEER shall provide building inspection ser- vices during the course of construction of such private facilities to enforce compliance with the provisions of -2- • r • r the CITY's ordinances and the Code requirements set forth on the plans for which the permit was issued. In the performance of such duties ENGINEER shall provide prompt inspection for each project at the completion of the various stages of construction to determine compliance with the appropriate City code. (C) Building Rehabilitation Inspection ENGINEER shall enforce the provisions of the CITY's building laws pertaining to substandard build- ings and properties and make such inspection and issue such permits as are required. Under the direction of the City Manager, ENGINEER shall diligently pursue a Building Rehabilitation program to systematically enforce the Building Rehabilitation portions of the CITY code for the purpose of rehabilitating substandard properties and bringing about the timely demolition or removal of those structures which are unslightly sub- standard or unsafe and beyond repair. (D) Facilities for Records The CITY shall provide an office for conducting the duties set forth in this Agreement. Within this office ENGINEER shall assemble and maintain such records customarily.maintained by a City Building Department. Such records shall at all times be the property of the CITY. II CITY ENGINEERING SERVICES (A) General: CITY does hereby appoint Willdan Associates to perform the statutory functions of City Engineer. (B) Administrative Duties (1) Analyze the CITY's needs and recommend pro- grams to the City Manager consistent with the economic capabilities of CITY. -3- (2) Attend meetings with the CITY staff, public officials, community leaders, developers, contractors, and the general public. (3) Review and comment on planning programs and land development projects. (4) Provide general engineering consultation in connection with problems such as traffic congestion, noise impact, street sign programs, etc. (5) Recommend regulations and ordinances pertaining to engineering matters. (6) When directed, supervise the accounting of State Highway Users Funds from the stand- point of meeting State requirements for the expenditure of such funds. (7) Provide technical supervision for CITY personnel assigned to Public Works activities. (8) Advise the City Manager as to engineering and construction financing available from other governmental agencies and when so directed, prepare and initiate application for such funding. (9) Make recommendations as to development reviews. (10) Establish working relationships and co- ordination with other public agencies and private utilities involving engineering matters affecting CITY. (C) Development Review: (1) Review proposed developments and make recommendations as to engineering matters. (2) Perform the statutory functions of City Engineer pertaining to the review and checking of land division maps. -4- (3) Check improvement plans for facilities under the jurisdiction of CITY that are prepared by private developers. (4) Establish performance and labor and material bond amounts when required and require the posting of such securities and other develop- ment fees within the proper time sequence of such development review. (5) Provide field inspection during the con- struction of such improvements by private developers and at the proper time, recommend notices of completion and acceptance of the work. (6) Provide such necessary and related functions that are the normal practice of CITY in the City Engineering review of private develop- ments. (D) Capital Projects: (1) .Upon specific and separate authoriza- tion by the City prepare plans and specifications for CITY projects. (2) Provide plan checking of and construc- tion observation during the course of construction of CITY undertaken projects. (3) Provide special engineering reports as to such matters as traffic studies, assessment district formation, annexations, etc. III COLLECTION OF FEES All fees to be collected from any private developer, engineer, or architect in connection with the carrying out of the functions as set forth in this Agreement, if collected by ENGINEER, shall be collected in the name of CITY. ENGINEER shall employ record keeping measures acceptable to the CITY. If fees are collected by the -5- CITY, ENGINEER, shall review the appropriate ordinances and fee schedules in effect by CITY and shall provide to the persons designated by the CITY for collection of fees, the amount of such fees to be collected. IV COMPENSATION TO ENGINEER The fee structure hereinafter presented is pre- dicated upon the assumption that the CITY will maintain an adequate and current fee structure. The fees in full compensation to ENGINEER for the services rendered shall be as follows: (A) For services provided under paragraphs I-(A) and I-(B) on projects where permits were issued and fees collected by the CITY prior to the operative date of this Agreement the ENGINEER shall be compensated at the then current hourly rates, per Exhibit "A". (B) For services provided under paragraphs I-(A) and I-(B) on projects where permits are issued and fees'collected after the operative date of this Agreement ENGINEER shall be compensated at the then current hourly rates, per Exhibit "A" and such compensation shall not exceed 758 of the fees collected except during the setup period (60 days) compensation shall not exceed 908 of the fees collected. (C) For services provided under paragraph I-(C) and for services authorized under this Agreement not specifically covered above ENGINEER shall be compensated at the then current hourly rates, per Exhibit "A". (D) For the services set forth in paragraph II-(A) and II-(B) that do not require special reports or utilization of other engineering staff personnel, a retainer fee of $800.00 per month. For those -6- • r • r items authorized under paragraph II-(A) and II-(B) requiring the services of ENGINEER's staff personnel, the fee shall be on an hourly basis as such then current hourly rates are reflected in Exhibit "A". (E) For services to be provided under paragraph II-(C), 75% of the then current fees collected by the CITY. The CITY is only obligated for payment to Willdan subsequent to collection of the fees from the developers. Compensation provided for construction inspection shall be based on the then current fee structure or as established by the then current hourly rates reflected in Exhibit "A". (F) For services to be provided under paragraph II-(D), an amount equal to the lower fee schedule curve as said prevailing fee schedule curve is published from time-to-time by the American Society of Civil Engineers, Bulletin No. 45. The American Society of Civil Engineers, Bulletin No. 45 would apply to Capital Improvement Projects when the construction cost exceeds $10,000. For smaller projects or any other preliminary design studies or miscellaneous work desired or requested the fee shall be on an hourly basis as such then current hourly rates are set forth in Exhibit "A". (G) ENGINEER shall invoice CITY monthly for services rendered and CITY shall pay ENGINEER as soon thereafter as CITY's regular procedures provide. In no case shall ENGINEER invoice, nor shall CITY pay, for private development review services in advance of collection of such fees by CITY from private developers. -7- V TERMINATION This Agreement may be terminated with or without cause by CITY at any time. In the event of such termi- nation, ENGINEER shall be compensated for such services up to the point of termination. Such compensation for work in progress would be pro-rated as to the percent- age of progress completed at the date of termination. This Agreement may be terminated by ENGINEER only by providing CITY with written notice no less than six months in advance of such termination. VI GENERAL CONDITIONS (A) ENGINEER shall provide no services for any private client within the corporate boundaries of CITY during the period that this Agreement is in effect which must be reviewed by the City Engineer or Building Official. (B) CITY shall not be called upon to assume any lia- bility for.the direct payment of any salary, wage or other compensation to any person employed by ENGINEER performing services hereunder for CITY. (C) All officers, agents, employees, subcontractors, their agents, officers and employees who are hired by or engaged by ENGINEER in the performance of this Agreement shall be deemed officers, agents and employees and subcontractors of ENGINEER and CITY shall not be liable or responsible to them for anything whatsoever other than the liability to ENGINEER as set forth in this Agreement. ENGINEER agrees to save, keep and hold harmless CITY and all of its officers and employees from all damages, costs or expenses in law and equity including costs of suit and expenses for legal services that may at any time arise or be set up because of damage to property or injury to persons -8- received or suffered by reason of the operation of ENGINEER which may be occasioned by any negligent act or omission to act which amounts to negligence on the part of ENGINEER or any of its agents, officers and employees-and subcontractors. ENGINEER agrees to and shall at its own cost and expense procure and maintain during the term of this Agreement general liability insurance in an amount of not less than $1,000,000. Such insur- ance shall be procured from an insurer authorized to do business in California and approved in writing by CITY. CITY shall be named as an additional insured. In addition, ENGINEER shall obtain worker's Compensation Insurance covering all of its employees as required by law and professional liability insurance in the amount of $1,000,000. ENGINEER shall provide CITY with satisfactory evidence that premiums have been paid and shall deliver to CITY satisfactory evidence that such insurance has been renewed and that the required premium or premiums therefor have been .paid. (D) ENGINEER shall assume liability for the wrongful or negligent acts, errors and omissions of its officers, agents and employees and subcontractors in regard to any functions or activity carried out by them on behalf of CITY pursuant to the terms of this Agreement. (E) ENGINEER shall not assign this contract without the prior written consent of CITY. VII RESPONSIBLE INDIVIDUAL The individual directly responsible for the performance of the duties of Building Official and City Engineer as hereinabove set forth shall be -9- 0 . r John E. Maulding, a California Registered Civil Engi- neer, License No. 11622. Upon mutual agreement and direction of the City Manager, Willdan Associates may substitute other individuals in the above capacities as responsible individuals. VIII IMPLEMENTATION The City Manager shall provide ENGINEER with written notice 30 days in advance of the date at which these services are to be implemented. IN WITNESS WHEREOF, the parties hereto have sub- scribed their names, CITY by its Mayor and Clerk and ENGINEER by its Vice President and Secretary, the date and year first above written in this Agreement. CITY OF ROSEMEAD WILLDAN ASSOCIATES M V ce President Clerk Secretary v JEM:ls 7/1/81 -10-