HomeMy WebLinkAboutItem 21 - Approve Second Amendments to Agreements with AESCO, Inc., Kleinfelder, Inc. Public Works Agency
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Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 19, 2024
TOPIC: On-Call Material Testing and Special Inspection Services
AGENDA TITLE
Approve Second Amendments to Agreements with AESCO, Inc., Kleinfelder, Inc., and
RMA Group, Inc. for On-Call Material Testing and Special Inspection Services (Non-
General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute the second amendments to the standard
agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide on-call
material testing and special inspection services and increase the contract amount by
$2,000,000, for a total amount not to exceed $4,000,000 for the remaining term (Core
Agreement No. A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
Under the City of Santa Ana’s Capital Improvement Program, a number of construction
projects will take place over the next several years. These projects include street
paving, traffic signals, underground utilities, buildings, bridges, and park facility
improvements. In order to maintain high quality construction, the City intends to retain
testing and inspection firms to provide quality assurance services for these projects.
The Public Works Agency (PWA) released Request for Proposals (RFP) No. 20-111, by
which it sought the services of a professional engineering firm to provide on-call
materials testing and special inspection services on an on-call basis. Based on the
criteria outlined in the RFP, the following consists of top scoring firms and their
rankings:
Rank Firm City
1 AESCO, Inc.Huntington Beach, CA
2 Kleinfelder, Inc.Laguna Hills, CA
3 RMA Group Carson, CA
On-Call Material Testing and Special Inspection Services
March 19, 2024
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Approval of the recommended action will authorize the second amendment to increase
the shared total aggregate amount of the standard agreement, which was previously
approved by the City Council on July 6, 2021. The City Council had previously
authorized this agreement. Staff recommends adding funds for continued services
necessitated under this standard version of the contract.
In the past year, the total construction value has increased to $150 million. There has
been an influx of new project funds, such as the American Rescue Plan Act and others,
creating more projects. As the demand for construction continuously rises, the need for
inspection and material testing increases to meet the City’s standard plans and
specifications. Staff recommends increasing the annual aggregate agreement amount
by $2,000,000 to cover these services (Exhibits 1-3).
FISCAL IMPACT
There is no fiscal impact at this time. Prior to utilizing any of these on-call services,
PWA staff must receive Finance and Management Services Agency approval of funding
and project activities to be used to ensure funds are available under the authorization
limit of the shared aggregate for any projects using local or discretionary funds. Upon
successful completion of the fiscal review, a corresponding Notice to Proceed
containing the specific scope and maximum expenditure for the task order will be
issued.
Funds will be budgeted and available for expenditure for the remaining fiscal year, and
carried forward for consideration in future fiscal years within the Agreement terms in the
following, and various other, Public Works Contract Services-Professional Accounts:
Division Account
City Facilities License Agreement 01117605-62300
Traffic and Transportation Engineering 01117620-62300
Traffic Signal Maintenance 02917620-62300
Sanitary Sewer Enterprise 05417617-62300
Sanitary Sewer Enterprise 05517660-62300
Sanitary Sewer Enterprise 05617640-62300
Fed Clean Water Protection 05717640-62300
Residential Street Improvement 05817660-62300
Water Enterprise 06017645-62300
Water Enterprise 06617647-62300
Construction Engineering 08617611-62300
Design Engineering 08617612-62300
Traffic Engineering 08617620-62300
Administrative Services 10117601-62300
Development Engineering 10117605-62300
CIP Project Funding Various
Street Lights Maintenance 01117630-62300
On-Call Material Testing and Special Inspection Services
March 19, 2024
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Division Account
Roadway Marking/Signs 01117625-62300
Graffiti Abatement Program 01117642-62300
Street Trees 01117643-62300
Sidewalks 01117626-62300
Environment/Sanitation 06817640-62300
Roadway Cleaning 06817641-62300
Median Landscaping 02917635-62300
Roadway Maintenance 02917660-62300
EXHIBIT(S)
1. Amendment with AESCO, Inc. for On-Call Material Testing and Special
Inspection Services
2. Amendment with Kleinfelder, Inc. for On-Call Material Testing and Special
Inspection Services
3. Amendment with RMA Group for On-Call Material Testing and Special Inspection
Services
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Tom Hatch, Interim City Manager
Page 1 of 2
SECOND AMENDMENT TO AGREEMENT WITH AESCO, INC. TO PROVIDE
ON-CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES
THIS SECOND AMENDMENT to the above-referenced agreement is entered into March 19,
2024, by and between AESCO, Inc., a California corporation (“Consultant”), 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-2021-121-01 (“Agreement”) dated July 6, 2021,
to retain qualified consultants to provide on-call materials testing and special inspection
services for the City’s Public Works Agency.
B.Consultant is one of three Consultants which were awarded Agreements with the City for
the services defined in the Agreement. Each Consultant was retained to share an aggregate
compensation pool, under the terms of this Agreement, which is current and in-effect
through July 5, 2024, with available options to extend the Agreement.
C.On April 18, 2023, the parties entered into a First Amendment to the Agreement (A-2023-
065-01) to amend the Agreement to increase the aggregate compensation of the Agreement
to accommodate additional upcoming projects for which the Consultant can provide quality
assurance and testing services for these projects.
D.The parties now wish to further amend the Agreement to increase the aggregate
compensation under the Agreement and to exercise an optional one-year extension of the
Agreement.
The Parties therefore agree:
1.Section 2(a), Compensation, is hereby amended to increase the total aggregate total to be
expended under the term of the Agreement, including any extension periods, by $2,000,000.00.
The total non-to-exceed amount to the aggregate amount available to all the retained
consultants shall be $4,000,000.00.
2.Pursuant to Section 3 of the Agreement, Term, the time period of the Agreement is extended
for an additional one-year term which shall now end on July 5, 2025.
3.Except as modified by this Second Amendment, all terms and conditions of the Agreement, as
amended, shall remain in full force and effect.
[signature page to follow]
EXHIBIT 1
Page 2 of 2
SIGNATURE PAGE FOR SECOND AMENDMENT TO AGREEMENT WITH AESCO,
INC. TO PROVIDE ON-CALL MATERIAL TESTING AND
SPECIAL INSPECTION SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the
Agreement on the date and year first written above.
ATTEST CITY OF SANTA ANA
_______________________________ _____________________________
Jennifer L. Hall Thomas R. Hatch
City Clerk Interim City Manager
APPROVED AS TO FORM AESCO, INC.
SONIA R. CARVALHO
City Attorney
By:___________________________ _______________________________
Jonathan T. Martinez By:
Assistant City Attorney Title:
RECOMMENDED FOR APPROVAL
____________________________
Nabil Saba, PE
Executive Director
Public Works Agency
President
Page 1 of 2
SECOND AMENDMENT TO AGREEMENT WITH KLEINFELDER, INC. TO
PROVIDE ON-CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES
THIS SECOND AMENDMENT to the above-referenced agreement is entered into March 19,
2024, by and between Kleinfelder, Inc., a California corporation (“Consultant”), 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-2021-121-02 (“Agreement”) dated July 6, 2021,
to retain qualified consultants to provide on-call materials testing and special inspection
services for the City’s Public Works Agency.
B.Consultant is one of three Consultants which were awarded Agreements with the City for
the services defined in the Agreement. Each Consultant was retained to share an aggregate
compensation pool, under the terms of this Agreement, which is current and in-effect
through July 5, 2024, with available options to extend the Agreement.
C.On April 18, 2023, the parties entered into a First Amendment to the Agreement (A-2023-
065-02) to amend the Agreement to increase the aggregate compensation of the Agreement
to accommodate additional upcoming projects for which the Consultant can provide quality
assurance and testing services for these projects.
D.The parties now wish to further amend the Agreement to increase the aggregate
compensation of the Agreement and to exercise an optional one-year extension of the
Agreement.
The Parties therefore agree:
1.Section 2(a), Compensation, is hereby amended to increase the total aggregate total to be
expended under the term of the Agreement, including any extension periods, by $2,000,000.00.
The total non-to-exceed amount to the aggregate amount available to all the retained
consultants shall be $4,000,000.00.
2.Pursuant to Section 3 of the Agreement, Term, the time period of the Agreement is extended
for an additional one-year term which shall now end on July 5, 2025.
3.Except as modified by this Second Amendment, all terms and conditions of the Agreement, as
amended, shall remain in full force and effect.
[signature page to follow]
EXHIBIT 2
Page 2 of 2
SIGNATURE PAGE FOR SECOND AMENDMENT TO AGREEMENT WITH
KLEINFELDER, INC. TO PROVIDE ON-CALL MATERIAL TESTING AND
SPECIAL INSPECTION SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the
Agreement on the date and year first written above.
ATTEST CITY OF SANTA ANA
_______________________________ _____________________________
Jennifer L. Hall Thomas R. Hatch
City Clerk Interim City Manager
APPROVED AS TO FORM KLEINFELDER, INC.
SONIA R. CARVALHO
City Attorney
By:___________________________ _______________________________
Jonathan T. Martinez By:
Assistant City Attorney Title:
RECOMMENDED FOR APPROVAL
____________________________
Nabil Saba, PE
Executive Director
Public Works Agency
Mike Dorsch
VP, Southern California Service Line Leader
Construction Materials Engineering & Testing
EXHIBIT 3