HomeMy WebLinkAbout12 - Amendment No. 1 to PSA for On -Call Marine Engineering and Design Services (Contract No. 6111)<C SEW Pp�T
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September 13, 2016
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Chris Miller, Harbor Resources Manager,
cmiller@newportbeachca.gov
PHONE: 949-644-3043
TITLE: Approval of Amendment No. 1 to the Professional Services
Agreement with Anchor QEA, L.P. for On -Call Marine Engineering
and Design Services (Contract No. 6111)
ABSTRACT:
On March 30, 2015, the City entered into a Professional Services Agreement with
Anchor QEA, L.P. for on-call marine engineering and design services. On-going harbor
related capital projects necessitate an extension and increase in the agreement limits.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA
Guidelines because it will not result in a physical change to the environment,
directly or indirectly; and
b) Approve Amendment No. One to the current Professional Services Agreement
with Anchor QEA, L.P. for on-call Marine Engineering and Design Services, add
$180,000 to the agreement, extend the agreement term to March 29, 2018, and
authorize the Mayor and City Clerk to execute the Amendment.
FUNDING REQUIREMENTS:
Sufficient funds are available for contract of professional services in the annual
operations budget for Public Works Department, Harbor Resources Division, account
number 10080802-811008 and designated Capital Improvement Program project
budgets. Funds for services to be performed in subsequent fiscal years will be
appropriated annually as needed through the normal budget process.
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Approval of Amendment No. 1 to the Professional Services Agreement with Anchor
QEA, L.P. for On -Call Marine Engineering and Design Services (Contract No. 6111)
September 13, 2016
Page 2
DISCUSSION:
The City entered into a Professional Services Agreement with Anchor QEA, L.P. on
March 30, 2015 to provide on-call, as needed, marine engineering and design services
for various projects in the harbor which typically include design efforts related to public
piers, seawalls, bulkhead, moorings and dredging. Anchor QEA, L.P. was one of two
firms chosen in Spring 2015 through a competitive selection and evaluation process to
provide on-call, as needed coastal/marine engineering services. Anchor QEA, L.P.
specializes in marine engineering at all levels, from small public pier design to major
port construction and dredging.
The contractual compensation limits of the current agreement will soon be reached;
therefore, agreement terms need to be amended to accommodate additional work. The
harbor's list of capital and maintenance projects will continue to increase. Contractual
consultant expert assistance is important to the success of those projects. Over the past
year, Anchor QEA, L.P. assisted with procuring and implementing the City's dredging
and eelgrass permit (Regional General Permit 54), Grand Canal dredging design,
copper concentration studies as they relate to the City's TMDL, conceptual dredge
equipment analysis, and regulatory permitting assistance. In our effort to continue
developing, processing and constructing necessary and desired harbor related
improvements, staff recommends extending the current contract time an additional year
and increasing the contractual funding limits. The on-call scope of work by Anchor QEA,
L.P. would remain the same. Services are provided on an hourly basis and remain
competitive and favorable to the City.
Generally, the City uses a variety of on-call professional services to supplement staff to
address and deliver the large Capital Improvement Program workload. For this reason,
staff recommends the not -to -exceed agreement amount be increased by an additional
$180,000, bringing the new total agreement cap to $300,000. The annual professional
services budget allocations are sufficient for anticipated work. Additionally, approval of
Amendment No. 1 will extend the term of the agreement to March 29, 2018.
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Approval of Amendment No. 1 to the Professional Services Agreement with Anchor
QEA, L.P. for On -Call Marine Engineering and Design Services (Contract No. 6111)
September 13, 2016
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Amendment No. 1 with Anchor QEA, L.P.
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ATTACHMENT A
AMENDMENT NO. ONE TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH ANCHOR QEA, L.P. FOR
MARINE ENGINEERING SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 13th day of
September, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH,
a California municipal corporation and charter city ("City"), and ANCHOR QEA, L.P., a
California limited partnership ("Consultant"), whose address is 27201 Puerta Real, Suite
350, Mission Viejo, California 92691, and is made with reference to the following:
RECITALS
A. On March 30, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide on-call marine
engineering and design services ("Project").
B. The parties desire to enter into this Amendment No. One to extend the term of
the Agreement to March 29, 2018 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 29, 2018, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Three
Hundred Thousand Dollars and 001100 ($300,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for Services to be performed in accordance with this Amendment No. One, including all
reimbursable items and subconsultant fees, in an amount not to exceed One Hundred
Eighty Thousand Dollars and 001100 ($180,000.00).
Anchor QEA, L.P. Page 1
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3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE)
Anchor QEA, L.P. Page 2
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IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT RNEY'S OFFICE
Date:
By:
Aaron C. Harp 1%)1V
City Attorney
ATTEST:
Date:
la
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B. Dixon
Mayor
CONSULTANT: Anchor QEA, L.P., a
Californfa,NVfiteo partnership
By:
Stev ap0eIIi
Generai Partner
[END OF SIGNATURES]
Anchor QEA, L.P. Page 3
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