For City Council Meeting [August 10, 2021]
TO: Honorable Mayor and City Council
APPROVAL: Marcus Fuller, City Manager
FROM: Michael Tahan, Interim Public Works Director
Title
Request City Council Approve the Third Amendment to the Professional Services Agreement with Alta Planning + Design, Inc. Related to the Bike Sharing Plan and Implementation Program, City Project No. 170810.
Body
BACKGROUND
On June 08, 2021 City Council authorized the Second Amendment with Alta Planning + Design, Inc. (Alta) for any Future Task Modifications for the Project in the Amount of $49,865 for a Total Not-to-Exceed Amount of $236,197. The insurance provisions for the contract were prepared with information that was known at that time that would be required by the Clean Mobility Options Voucher Pilot Program.
ANALYSIS/DISCUSSION
On June 30, 2021, City staff and Alta consultants met with representatives from Clean Mobility Options (CMO) and determined that additional insurance provisions were required in the Professional Services Agreement (PSA) with Alta in order for Alta’s insurance provider to provide the appropriate insurance coverage to meet the CMO insurance requirements.
In order to incorporate the proposed changes, the City Attorney prepared a Third Amendment to the PSA to modify Section 3.1, as follows:
3.1 Insurance Requirements. Consultant agrees to comply with the Certificates of Insurance Requirements (“COI Requirements”) required of the “Awardee” as set forth in Exhibit A, attached hereto and incorporated herein with the understanding that section 3. of this document regarding "specific coverage for Electric Bikes and Scooters" and section 5. "Non-Profit Organization with Volunteers Only" shall not be applicable, apply, or be required of Consultant and sections 1. Commercial General Liability and 2. Automobile Liability limits may be met with a combination of Excess or Umbrella Insurance. In the event that the provisions of the COI Requirements conflict with any provisions of the Agreement, the provisions of the COI requirements shall prevail. Any further amendments to the insurance provisions of the Agreement must be made in writing and executed by the Consultant and the City Manager.
Staff recommends City Council approve the Third Amendment to the PSA with Alta to include Insurance Provisions required and in accordance with the CMO Voucher Pilot Program for the Bike Sharing Plan and Implementation Program, City Project No. 170810.
A copy of Third Amendment to the PSA is included as Attachment 1.
ENVIRONMENTAL IMPACT
The request is not a Project as defined by Section 15378 of the California Environmental Quality Act (CEQA).
GENERAL PLAN CONSISTENCY
Approval of this action complies with the following City of Rialto General Plan Goals and Policies:
Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.
Goal 2-35: Reduce air pollution emissions from both mobile and stationary sources in the City.
LEGAL REVIEW
The City Attorney has reviewed and supports this staff report.
FINANCIAL IMPACT
Operating Budget Impact
There is no impact to the Operating Improvement Budget.
Capital Improvement Budget Impact
There is no impact to the Capital Improvement Budget.
RECOMMENDATION
Staff recommends that the City Council:
1. Approve the Third Amendment to the Professional Services Agreement (PSA) with Alta Planning + Design, Inc. related to the Bike Sharing Plan and Implementation Program, City Project No. 170810; and
2. Authorize the City Manager to execute all required documents.