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HomeMy WebLinkAboutItem 20 - Amendments for Emergency On-Call Water and Sewer Repair ServicesPublic Works Agency www.santa-ana.org/public-works Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 20, 2023 TOPIC: Emergency On -Call Sewer and Water Systems Repair Services Agreements AGENDA TITLE Approve Third Agreement Amendments for Emergency On -Call Water and Sewer Repair Services with Mike Prlich & Sons, Inc., Paulus Engineering, Inc., and TE Roberts, Inc. RECOMMENDED ACTION Authorize the City Manager to execute the third amendment to agreements with Mike Prlich & Sons, Inc., Paulus Engineering, Inc., and TE Roberts, Inc. for on -call emergency sewer and water system repair services to increase the annual shared agreement amount by $850,000, for an updated annual amount of $2,050,000, for the remaining term of the agreement expiring August 19, 2024 (Agreement A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On August 20, 2019, the City Council approved agreements with Mike Prlich and Sons, Inc., Paulus Engineering, Inc., and TE Roberts, Inc. for on -call emergency sewer and water infrastructure repairs in an aggregate annual amount of $500,000. These services include repairing pipelines, tanks, pumps at various utility facilities, and performing site restoration, as directed by staff, to prevent system outages, maintain services during an emergency, and restore services to normal operating conditions. For the past three years, the Public Works Agency's Water Resources Division has utilized these contractors for water main pipe repair work, fire hydrant relocation, installation of new sewer laterals, and other services needed to supplement the work performed by City staff. To meet the increased demand for these services, the City Council approved the first amendment to agreements with the contractors on May 5, 2020, increasing the shared annual amount by $250,000 to an aggregate annual amount of $750,000. Water Resources anticipated an increase in demands due to collaboration with the Orange County Water District on water treatment systems for per - and polyfluoroalkyl substances (PFAS) and recommended an increase of $450,000 for an updated aggregate annual amount of $1,200,000. In 2023, City staff was deployed four times in response to water main breaks located between 700-1001 East Avalon Avenue. After careful consideration, staff recommended Emergency On -Call Sewer and Water Systems Repair Services Agreements February 20, 2023 Page 2 deploying contractors for emergency on -call services to repair water main pipe to prevent additional segment repairs. Staff now recommends additional contract capacity to allow for emergency repairs to be conducted as needed for the remainder of this contract. FISCAL IMPACT Funding is available in FY 2023-24 under Water Systems Maintenance Account (No. 06017641-62300), and Sanitary Sewer Service Account (No. 05617640-62300). Fiscal Year Accounting Fund Accounting Unit, Amount Unit -Account # Description Account Description Existing Contract 2023-24 05617640-62300 Sanitary Sewer Sanitary Sewer $600,000 Service Service, Contract Services - Professional 2023-24 06017641-62300 Water Water System $600,000 Maintenance, Contract Services - Professional Amendment 2023-24 05617640-62300 Sanitary Sewer Sanitary Sewer $425,000 Service Service, Contract Services - Professional 2023-24 06017641-62300 Water Water System $425,000 Maintenance, Contract Services - Professional TOTAL $2,050,000 EXHIBIT(S) 1. Agreement Amendment - Mike Prlich and Sons, Inc 2. Agreement Amendment - Paulus Engineering 3. Agreement Amendment - TE Roberts Inc Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Tom Hatch, Interim City Manager EXHIBIT 1 THIRD AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL EMERGENCY WATER AND SEWER SYSTEM REPAIR SERVICES THIS THIRD AMENDMENT to the above -referenced agreement is entered into on February 6, 2024, by and between Mike Prlich and Sons, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2019-142-01, dated August 20, 2019, by which Contractor agreed to provide on -call emergency water and sewer system repair services for the City's Public Works Agency ("Agreement"). B. On May 5, 2020, the parties entered into a First Amendment to the Agreement (#A-2020- 091 -0 1) to increase the shared aggregate amount to be expended under the Agreement and the two related agreements for the same services. C. On December 1, 2020, the parties entered into a Second Amendment to the Agreement (#A-2020-243-01) to further increase the shared aggregate amount to be expended under the Agreement and the two related agreements for the same services. D. On August 23, 2022, the parties exercised their option to extend the term of the Agreement (#A-2019-142-01A) for an additional two (2) year period until August 19, 2024, The Agreement is current and in -effect. E. The parties now wish to further amend the Agreement to increase the shared aggregate amount to be expended under the Agreement and the two related agreements by an additional $850,000.00 to cover costs through the remainder of the term of the Agreement. The Parties therefore agree: 1. Section 2.a, Compensation, is amended to read in its entirety: "City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit R. Contractor is one of three contractors selected to provide services on an as -needed basis under RFP No. 19-032. The annual compensation for services provided by all contractors selected under RFP No. 19-032 shall not exceed the shared aggregate amount of $2,050,000.00 during the term of this agreement, including any extension periods." 2. Except as modified by this Third Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. Pagel of 2 SIGNATURE PAGE FOR THIRD AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL EMERGENCY WATER AND SEWER SYSTEM REPAIR SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST Jennifer L. Hall City Clerk APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: f ToT, Martinez4:�� Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Thomas R. Hatch Interim City Manager CONTRACTOR I r� By: Title: Page 2 of 2 EXHIBIT 2 THIRD AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL EMERGENCY WATER AND SEWER SYSTEM REPAIR SERVICES THIS THIRD AMENDMENT to the above -referenced agreement is entered into on February 6, 2024, by and between Paulus Engineering, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2019-142-02, dated August 20, 2019, by which Contractor agreed to provide on -call emergency water and sewer system repair services for the City's Public Works Agency ("Agreement"). B. On May 5, 2020, the parties entered into a First Amendment to the Agreement (#A-2020- 091-02) to increase the shared aggregate amount to be expended under the Agreement and the two related agreements for the same services. C. On December 1, 2020, the parties entered into a Second Amendment to the Agreement (#A-2020-243-02) to further increase the shared aggregate amount to be expended under the Agreement and the two related agreements for the same services. D. On August 23, 2022, the parties exercised their option to extend the term of the Agreement (#A-2019-142-02A) for an additional two (2) year period until August 19, 2024. The Agreement is current and in -effect. E. The parties now wish to further amend the Agreement to increase the shared aggregate arnount to be expended under the Agreement and the two related agreements by an additional $850,000.00 to cover costs through the remainder of the term of the Agreement. The Parties therefore agree; 1. Section 2.a, Compensation, is amended to read in its entirety: "City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of three contractors selected to provide services on an as -needed basis under RFP No. 19-032. The annual compensation for services provided by all contractors selected under RFP No. 19-032 shall not exceed the shared aggregate amount of $2,050,000.00 during the term of this agreement, including any extension periods." 2. Except as modified by this Third Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. Page t of 2 SIGNATURE PAGE FOR THIRD AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL EMERGENCY WATER AND SEWER SYSTEM REPAIR SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST Jennifer L. Hall City Clerk APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: Jonathan T. Martine Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Thomas R. Hatch Interim City Manager CONTRACTOR Page 2 of 2 EXHIBIT 3 THIRD AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL EMERGENCY WATER AND SEWER SYSTEM REPAIR SERVICES THIS THIRD AMENDMENT to the above -referenced agreement is entered into on February 6, 2024, by and between T.E. Roberts, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2019-142-03, dated August 20, 2019, by which Contractor agreed to provide on -call emergency water and sewer system repair services for the City's Public Works Agency ("Agreement"). B. On May 5, 2020, the parties entered into a First Amendment to the Agreement (#A-2020- 91-03) to increase the shared aggregate amount to be expended under the Agreement and the two related agreements for the same services. C. On December 1, 2020, the parties entered into a Second Amendment to the Agreement (#A-2020-243-03) to further increase the shared aggregate amount to be expended under the Agreement and the two related agreements for the same services. D. On August 23, 2022, the parties exercised their option to extend the term of the Agreement (#A-20.19-142-03A) for an additional two (2) year period until August 19, 2024. The Agreement is current and in -effect. E. The parties now wish to further amend the Agreement to increase the shared aggregate amount to be expended under the Agreement and the two related agreements by an additional $850,000.00 to cover costs through the remainder of the term of the Agreement. The Parties therefore agree: 1. Section 2.a, Compensation, is amended to read in its entirety: "City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this, Agreement at the rates and charges identified in Exhibit B. Contractor is one of three contractors selected to provide services on an as -needed basis under RFP No. 19-032. The annual compensation for services provided by all contractors selected under RFP No. 19-032 shall not exceed the shared aggregate amount of $2,050,000.00 during the term of this agreement, including any extension periods." 2. Except as modified by this Third Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect, Page 1 of 2 _SIGNATURE, PAGE FOR THIRD AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL EMERGENCY WATER AND SEWER SYSTEM REPAIR SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST Jennifer L. Hull City Clerk APPROVED AS TO FORM Sonia R. Carvalho City Attorney ! Jonathan T. Martinez Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Thomas R. Hutch Interim City Manager CONTRACTOR Title:t"s tdr. Page 2 of 2