HomeMy WebLinkAbout25D - TEMPORARY ENGINEERING AND TECHINCAL SERVICES
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
MAY 21, 2012
TITLE: APPROVED
0 As Recommended
AGREEMENT FOR TEMPORARY O Amended
Q Or
dinance on 'I' Reading
ENGINEERING AND TECHNICAL O Ordinance on 2"" Reading
SERVICES (NON-GENERAL FUND) I] Implementing Resolution
0 Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANA R
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute the attached agreement for
temporary engineering and technical services, subject to nonsubstantive changes approved by
the City Manager and City Attorney with PDS Tech, Inc. in an amount not to exceed $300,000.
DISCUSSION
On February 6, 2012, the City Council authorized the Public Works Agency to release a Request
for Proposals (RFP) to qualified consulting firms to provide temporary engineering and technical
staffing, as needed, in support of the City's Capital Improvement Program (CIP). These services
will augment City staff and are required to complete the design and construction of the City's
Capital Improvement projects on schedule to meet funding deadlines.
The RFP for the above services was advertised on the City's website and sent to nearby
temporary engineering and technical staffing firms. Three proposals were received and evaluated
by personnel from the Public Works Agency. Each firm was rated according to its qualifications,
experience, and capacity to perform the required work. The following is a list of the firms and
their respective scores:
NAME OF FIRM RANKING
PDS Tech, Inc. 88
Project Partners 83
The Moote Group 50
Based on its available skilled personnel, experience with the City, client satisfaction, and the
lowest competitive overhead rates, staff recommends that the firm of PDS Tech, Inc_ be retained
for the temporary engineering and technical services. Services will be used on an as-needed
basis until the contract amount is exhausted.
25D-1
Agreements for Temporary Engineering
And Technical Services
May 21 , 2012
Page 2
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action-
FISCAL IMPACT
These services are on-call and will be used only when funds are available in the Capital
Improvement Program.
APPROVED AS TO FUNDS AND ACCOUNTS:
r
cue ~mc~ Y~
Raul odinez II Francisco Gutierrez
Executive Director Executive Director
Public Works Agency Finance & Management Services Agency
RG/SA
Exhibit: 1. Agreement
25D-2
EXHIBIT 1
AGREEMENT FOR PROVISION OF
ON-CALL ENGINEERING AND
TECHNICAL SUPPORT SERVICES
THIS AGREEMENT, made and entered into this 21" day of May, 2012 by and between
PDS Technical Services, a California corporation (hereinafter "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 (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
providing on-call technical and engineering labor services.
B. Consultant represents that Consultant is able and willing to provide such services to the
city.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide temporary engineering and technical services on an on-call basis
for the Santa Ana Public Works Agency, as set forth in Exhibit A. The provision of said services
will be in conformance with City's Request for Proposals dated February 6, 2012, and
Consultant's Proposal dated April 26, 2012, both the RFP and Proposal are on file at the Santa
Ana Public Works Agency and incorporated by this reference.
2. REPRESENTATIVES
For purposes of implementing this Agreement, the representative of City shall be the
Executive Director ofthe Public Works Agency, or his designated representative, and the
representative of the Consultant shall be the President or his/her designated representative.
Except as may be otherwise stated herein, such representatives shall have the authority to act on
behalf of their respective parties in carrying out the terms of this Agreement.
3. WORK PRODUCT
All work product prepared by Consultant pursuant to this Agreement shall be the
property of the City and Consultant consents to the City's use thereof for such purposes as the
City deems appropriate. Consultant shall submit all work product to City in hard copy and
produced in a form compatible with City's computer system, as agreed between the City and
Consultant.
25D-3
4. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement
shall not exceed $300,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing service provided in the previous month, subject to City accounting
procedures. The invoice shall include the temporary employee's name, the project title, tasks
performed, number of hours worked and hourly rates. A copy of the timesheet(s) for the billing
period shall be attached. Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals which may reasonably be expected by City.
5. TERM
This Agreement shall commence on the date first written above and terminate on
expenditure of allocated funds, unless terminated earlier in accordance with Section 14, below.
6. INDEPENDENT CONTRACTOR
Consultant and its assigned personnel shall, during the entire term of this Agreement, be
construed to be independent contractors and not employees ofthe City. This Agreement is not
intended nor shall it be construed to create an employer-employee relationship, a joint venture
relationship, or to allow the City to exercise discretion or control over the professional manner in
which Consultant performs the services which are the subject matter of this Agreement; however,
the services to be provided by Consultant and its assigned personnel shall be provided in a
manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes, unemployment
insurance and similar taxes relating to employees and shall be responsible for all applicable
withholding taxes.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described
below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to bodily
and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a)
name the City, its officers, employees, agents, volunteers and representatives as additional
insured(s); (b) be primary and not contributory with respect to insurance or self-insurance
programs maintained by the City; and (c) contain standard separation of insureds provisions.
25D-4
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage
for owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. Consultant shall provide professional liability (errors and omissions) insurance
covering such personnel's services, with a combined single limit of not less than $1,000,000 per
claim.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification oftermination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
8. INDEMNIFICATION
Consultant agrees to and shall indemnify, defend and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for
personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
claims for personal injury, including death, and claims for property damage, which may arise
from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of effects arising from this
Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party asserting that personal injury, damages, just compensation,
restitution, judicial or equitable relief due to personal or property rights arises by reason of effects
arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
25D-5
9. CONFIDENTIALITY
If Consultant or its assigned personnel receives from the City information which due to
the nature of such information is reasonably understood to be confidential and/or proprietary,
Consultant agrees that it shall not use or disclose such information except in the performance of
this Agreement, and further agrees to exercise the same degree of care it uses to protect its own
information of like importance, but in no event less than reasonable care. "Confidential
Information" shall include all nonpublic information. Confidential information includes not only
written information, but also information transferred orally, visually, electronically, or by other
means. Confidential information disclosed to either party by any subsidiary and/or agent of the
other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in
rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
10. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
11. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk ofthe City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702-1988
telefacsimile (714) 647-5622
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5635
25D-6
To Consultant: DJ Englert
PDS Technical Services
161 Kalmus Drive, Suite H-4
Costa Mesa, California 92626
telefacsimile (714) 540-8092
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
12. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
13. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
14. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
25D-7
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
15. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and
shall comply with all applicable federal, state and local laws and regulations.
16. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may be
brought or arise out of, in connection with or by reason of this Agreement.
17. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
18. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
25D-8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST: CITY OF SANTA ANA:
MARIA D. HUIZAR PAUL M. WALTERS
Clerk ofthe Council Interim City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Laura Sheedy
Assistant City Attorney PDS TECHNICAL SERVICES
RECOMMENDED FOR APPROVAL:
DJ ENGLERT
Branch Manager
Tax I D#
PAUL, GODINEZ, II
Executive Director
Public Works Agency
25D-9
EXHIBIT A
SCOPE OF SERVICES
TEMPORARY SUPPORT SERVICES
I. GENERAL
The City of Santa Ana (City) is soliciting proposals from qualified firms to provide
temporary engineering and technical personnel on an as-needed basis. As temporary
personnel needs are identified, the firm will be requested to provide appropriate
candidates to each position. The City reserves the right to distribute the workload in any
manner, which will best serve the City's interests. In general, the Engineering Division of
the City's Public Works Agency will need temporary personnel for the design and
construction of public improvement projects.
II. SCOPE OF SERVICES
On an as-needed basis, the Consultants will provide the City with temporary
personnel qualified to perform various engineering, technical and administrative
duties in support of general engineering/architectural/landscaping projects on
arterial and local roads and public parks citywide. The projects may include street
rehabilitation and widening, storm drain improvements; sewer improvements,
waterline improvements, signing, striping, and signal modifications; landscaping
and irrigation systems; and other related projects as required. In addition, City
may need support services for construction management, legal survey
documents, inspection, and office and accounting assistance.
The positions the Consultant may need to fill include the following:
Engineering/Technical
- Senior Civil Engineer (PE license required)
- Senior Engineer
- Assistant Engineer
- CAD Drafter
- CAD Designer/Technician
- Senior CAD Designer/Technician
- Land surveyor (LS license required)
Construction/field
- Construction inspection
• Field technician
Administrative/Accounting
- Accounting Assistant
- Administrative Assistant
All technical positions shall be proficient in Microstation and Microsoft Office.
The City currently uses Microstation Version V8i and Microsoft Office 2007.
Licensed Civil engineer or land surveyor may be required to sign plans and legal
25D-10
documents, respectively.
After a temporary position is identified by the City, the selected firms may be
asked to provide resumes of candidates. The candidate will be required to provide
temporary staff augmentation at City offices only.
Ill. CITY RESPONSIBILITIES
- The City will provide the consultant with all records in the possession of City,
which will be of assistance to the consultant in the performance of the work.
- The City will provide a workstation for each temporary employee.
- Control of assigning projects or tasks shall remain the total responsibility of the City of
Santa Ana.
IV. ACCEPTANCE OF CONTRACT
The contents of the proposal of the successful consultants shall become a contractual
obligation if a contract ensues. Failure of a Consultant to accept this obligation will result
in the cancellation of any award. Any damage accruing to the City as a result of a failure
to contract may be recovered from the consultant.
2501-11
Exhibit B
ONCALL TEMPORARY EMPLOYMENT SERVICES CONTRACT
CONSULTANT RATE COMPARISON FORM
Consultant shall complete this form and include it along with the billing rates breakdown. The
rate shown shall be the hourly rate the employee receives. This form will be used for fee
comparison purposes only.
TITLE HOURLY RATE RANGE
CAD Drafter $ 25 - 27
CAD DesignerfTechnician $ 28 - 34
Senior CAD DesignerfTechnician $ 31 - 35
Assistant Engineer $ 25 - 33
Senior Engineer $ 35 - 48
Senior Civil Engineer $ 45 - 58
Accounting Assistant $ 15 - 21
Administrative Assistant $ 15 - 21
Land Surveyor $20-27
Construction Inspection $ 24 - 28
Field Technician $ 18 - 25
Page 9 of 21
25D-12
CIN ONCALL TEMPORARY EMPLOYMENT SERVICES CONTRACT
CONSULTANT RATE COMPARISON FORM
Consultant shall submit a Mark-Up Percentage Breakdown with fully burdened percentage
rate of the items listed below that may include, but not limited to:
Mark Up Percentane Ma)
Overhead
FICA 7.65
FUTA .8
SUTA 6.2
Local Tax
General Liability Insurance .25
Workers Comp .75
- S
i
i
General & Administrative 5 . 5
4
Recruitment i i
Benefit " 5
Profit 2.85
TOTAL MARK UP 40
TOTAL MARK UP
(without recruitment and benefit) 24
Benefit: identify what the benefits are.
Page 10 of 21
25D-1 3
25D-14