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Home My WebLink About15 - Ocean Piers Maintenance ProjectQ SEW Pp�T CITY OF �m z NEWPORT BEACH c�<,FORN'P City Council Staff Report October 24, 2017 Agenda Item No. 15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Mark Vukojevic, Deputy Public Works Director/City Engineer, mvukojevic@newportbeachca.gov PHONE: 949-644-3319 TITLE: Ocean Piers Maintenance Project — Award of Contract No. 7126-1 (17H03) h\ 3�d_Mfla6 Staff has received construction bids for the Ocean Piers Maintenance Project and is requesting City Council's approval to award the construction contract to John S. Meek Company Inc. RECOMMENDATION: a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (minor alteration of existing public facilities with negligible expansion) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment; b) Approve the project drawings and specifications; c) Award Contract No. 7126-1 to John S. Meek Company Inc. for the total bid price of $1,182,395.00, and authorize the Mayor and City Clerk to execute the Contract; d) Establish an amount of $236,000 (20%) to cover the cost of unforeseen work not included in the original contract; e) Authorize the City Manager to execute an Amendment on a form acceptable to the City Attorney to the current Professional Services Agreement with COW I Marine North America Inc. for up to $50,000 for additional design, inspection and construction support services that may be necessary to execute the construction contract; and f) Approve Budget Amendment No. 18BA-010 appropriating $ 937,000 from Tidelands Capital Fund unappropriated fund balance to Account No. 10101-980000-17H03 (Ocean Piers Maintenance and Repairs Project). 15-1 Ocean Piers Maintenance Project — Award of Contract No. 7126-1 (171-103) October 24, 2017 Page 2 FUNDING REQUIREMENTS: Upon approval of the budget amendment, contract costs will be expensed to the Ocean Piers Maintenance Project as follows: Account Description Ocean Piers Maintenance (Tidelands Maintenance) Ocean Piers Maintenance (Tidelands Capital) Proposed uses are as follows: Vendor John S. Meek Company John S. Meek Company COW I North America & other consultants DISCUSSION: Account Number 10001-980000-17H03 10101-980000-17H03 Purpose Construction Contract Construction Contingency Amount $ 531,395.00 937.000.00 Total: $1,468,395.00 Consultant, testing, inspection Amount $ 1,182,395.00 $ 236,000.00 $ 50,000.00 Total: $ 1,468,395.00 The City's two ocean piers, Newport and Balboa, were originally built in 1940 and 1906 respectively. While the 15 -year old concrete decks are relatively maintenance free, the timber support structures below the decks are continuously impacted by the ocean waves, tides and swells and the corrosive marine environment. Therefore, the City's Capital Improvement Program bi-annually funds the inspection and contract maintenance of these two piers. The atypically strong storms from last winter damaged some of the Piers' support structures and destroyed the utility service access system under the Ruby's Restaurant. In order for the Piers to remain open, two unscheduled and unbudgeted contracts totaling $256,939.00 were completed within the last six months to repair the time sensitive damages discovered by the underwater inspections. Staff thereafter prepared the contract documents to address the other items identified by the inspections. The underwater inspections also revealed that the storms from last season also substantially moved the underwater sand (mudline) and further exposed pile damage and pile wrapping issues needing repair work. These additional repairs were not factored or programed into the current CIP budget at that time due to the timing of this year's budget. 15-2 Ocean Piers Maintenance Project — Award of Contract No. 7126-1 (17H03) October 24, 2017 Page 3 This contract, when completed, will have repaired and/or installed new wrapping on eighty-eight (88) piles and replaced rusted and otherwise nonfunctional straps, bolts, plates and hangers as well as treated timber blockings, bracings, and stringers. At 10 a.m. on October 18, 2017, the City Clerk opened and read the following bid for this project: BIDDER TOTAL BASE BID AMOUNT Low John S. Meek Company, Inc. $1,182,395.00 The low bidder, John S. Meek Company (Meek) possesses a California State Contractors License Classification "A" as required by the project specifications. A check of Meek's references indicates satisfactory completion of similar projects for other public agencies, including several projects for the City of Newport Beach. Eleven (11) prime contractors and nine (9) subcontractors pulled the plans and specifications and staff was expecting to review a few bids. Historically, the City receives a low amount of bidders relating to ocean pier work (one to three bidders per project). In this case, the City only received one bid. The low total base bid amount received is approximately 30% above the $900,000.00 Engineer's Estimate. Upon review, the bid received from Meek appears to be cost competitive and within marketplace conditions for this specialty work. On October 17 and October 18, the Balboa Pier sustained damage to three or more pilings requiring immediate action by the Public Works and Municipal Operations staff to stabilize the pier and pilings. Staff recommends the City Council approve a 20% contract contingency amount to address recent damages and any unknown damages or unforeseen conditions that may be encountered during the work or the upcoming winter season. In addition to approving the construction contract with John S. Meek Company, a contract amendment with the project's design consultant, COWI Marine North America Inc. is also necessary. Staff anticipates additional scope and services will be necessary to assist the City, especially with the recent pier damage. Many of these items, which are on a time and material basis, have not been finalized at the time of the staff report preparation. Since time is of the essence to begin construction, staff is requesting authorization for the City Manager to sign the upcoming amendment on a form approved by the City Attorney. The scope and costs are currently estimated up to $50,000 and will include additional design, inspection and construction support services which are expected during construction. The original $200,000 agreement with COWI, which included the underwater inspection, design, and plan preparation services, was approved by City Council on September 13, 2016. As discussed above, a substantial portion of this fiscal year's original funding was used to repair the damages caused by the extraordinary winter storms earlier this year. In addition, the budget process occurred before the scope of work was fully developed. Staff is; therefore, requesting approval of a budget amendment to augment funding for the Ocean Piers Maintenance project. 15-3 Ocean Piers Maintenance Project — Award of Contract No. 7126-1 (171-103) October 24, 2017 Page 4 Pursuant to the Contract Specifications, John S. Meek Company is allotted one hundred consecutive working days with all work to be completed prior to the 2018 summer season. Liquidated damages in the daily sum of $2,500.00 will be assessed in case of tardy completion. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (minor alteration of existing public facilities with negligible expansion) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 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 — Location Map Attachment B — Budget Amendment 15-4 NEWPORT PIER ATTACHMENT A OCEAN PIERS - 6 PROJECT LOCATION�L (D PROJECT LOCATION LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 17H03 10/24/17 15-5 City of Newport Beach BUDGET AMENDMENT 2017-18 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: ATTACHMENT B NO. BA- 18BA-010 AMOUNT: 1 $937,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations from the Tidelands Capital Fund unappropriated fund balance for the Ocean Piers Maintenance and Emergency Repairs project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Object 101 300000 REVENUE ESTIMATES orq Object EXPENDITURE APPROPRIATIONS Description Tidelands Capital Unapprop. Fund Bal Description Description Org Number 10101 Tidelands Capital CIP Object Number 980000 CIP Exp Project Number 171-103 Ocean Piers Inspection/Maintenance Project String E -17H03 -CONSTRUCT -101 -UNASSIGNED Signed: `^ i Financial Approval: Signed Signed Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $937,000.00 Automatic System $937,000.00 /0 -lc Date Date Date 15-6 ATTACHMENT C AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH COWI NORTH AMERICA, INC. FOR OCEAN PIERS MAINTENANCE — INSPECTION AND DESIGN SERVICES THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 24th day of October, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and COWI NORTH AMERICA, INC., a Delaware corporation ("Consultant"), whose address is 3780 Kilroy Way, Suite 200, Long Beach, California 90806, and is made with reference to the following: RECITALS A. On September 13, 2016, City and Consultant entered into a Professional Services Agreement ("Agreement") to provide inspection and design services related to the Ocean Piers Maintenance Project ("Project"). B. The parties desire to enter into this Amendment No. One to reflect additional Services not included in the Agreement, and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows - 1 . ollows:1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement, and Exhibit A to this Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 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 Two Hundred Fifty Thousand Dollars and 00/100 ($250,000.00), 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 additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Fifty Thousand Dollars and 00/100 ($50,000.00). 15-7 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] COWI North America, Inc. Page 2 15-8 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp! City Attorney ATTEST: Date: An Leilani I. Brown City Clerk Attachments CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Dave Kiff City Manager CONSULTANT: COWI North America, Inc.,, a Delaware corporation Date- By - Warren L. Stewart Managing Director [END OF SIGNATURES] Exhibit A — Scope of Services COWI North America, Inc. Page 3 15-9 EXHIBIT A SCOPE OF SERVICES COWI North America, Inc. Page A-1 15-10 Mr Fong Tse Senior Engineer City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 RE: Additional Services for NB Ocean Piers Maintenance; Change Order Request No. 1 to Contract No. C-8188-1 Professional Services Agreement for NB Ocean Piers Maintenance - Inspection and Design Services. Dear Fong ADDRESS COWI Marine North America 3780 Kilroy Airport Way Suite 200 Long Beach, CA 90806 TEL 510-839-8972 vmvv cowi-na.com DATE 10/19117 PACE 111 REF A085595.000 COWI North America, Inc. (COWI) is pleased to present this proposal for the subject services. Per your request, we agreed to provide additional services as detailed in the scope below. SCOPE OF SERVICES Provided additional supplemental inspections and testing services during construction, as needed and as authorized by the City's Project Administrator, including but not limited to above and underwater inspection, testing, and other services needed during construction. FEE PROPOSAL Fees for the above services will be billed in accordance with rates provided in the contract and the following schedule. Services for this amendment will not exceed $50,000. Thus, our current authorization of $200,000 will increase to $250,000. If this proposal for additional engineering services meets with your approval, we look forward to receiving an executed change order. Please feel free to contact me on my cell phone: 562-547-3918.Thank you. Sincerely, COWI NORTH AMERICA, INC. Warren A. Stewart, PE, SE, D.PE Project Manager Cc: J. Gerwick 15-11