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Home My WebLink About10 - Amendment to PSA for the Arches Diversion ProjectQ �EwPpRT O c — '9 TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report PREPARED BY: PHONE: January 14, 2020 Agenda Item No. 10 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov Bob Stein, Assistant City Engineer, rstein@newportbeachca.gov 949-644-3322 TITLE: Approval of Amendment No. Four to Professional Services Agreement with Stantec Consulting Services, Inc. (Stantec) for the Arches Diversion Project ABSTRACT: In 2016, the City issued a Request of Proposals (RFP) 16-59 for Professional Engineering Services for the Arches Diversion Project and selected Stantec Consulting Services, Inc. (Stantec) through the competitive process. Staff recommends approval of Amendment No. Four to Stantec's Professional Services Agreement to include additional project design, which will allow remote sensing of diversion flow meters and remote operation of the diversion pumps, and to provide additional technical information requested by Caltrans. RECOMMENDATIONS: a) Determine this 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 this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. Four to Professional Services Agreement with Stantec Consulting Services, Inc. for design of the Arches Diversion Project to reflect additional services and to increase the not -to -exceed contract amount by $35,200 for a total not -to -exceed amount of $347,386, and authorize the Mayor and City Clerk to execute the agreements. FUNDING REQUIREMENTS: Sufficient funding is available in the current Capital Improvement Program budget for the award of this contract. It will be expensed to Tidelands Maintenance account 10001- 980000-16X11. 10-1 Approval of Amendment No. Four to Professional Services Agreement with Stantec Consulting Services, Inc. (Stantec) for the Arches Diversion January 14, 2020 Page 2 DISCUSSION: The Arches Diversion Project creates two dry -weather flow diversions, one located adjacent to Old Newport Boulevard across from the A's Restaurant, and the other located just south of Hoag Hospital. Each diversion is to capture fecal indicator bacteria loads in the storm drain and divert those bacterial loads into the sanitary sewer system, therefore preventing these bacterial loads from entering the Bay. On November 22, 2016, City Council awarded a Professional Services Agreement for design and permitting of the Arches Diversion Project to Stantec Consulting Services, Inc. (Stantec) for an initial three year term and a not to exceed amount of $249,786. In 2018 and 2019, the City executed Amendments No. One, Two, and Three to reflect additional services, extend the term of the agreement by one additional year, and to increase the total compensation by a total of $62,400. Since the original contract execution, the consultant has worked diligently with staff on the construction documents and has made numerous adjustments per City staff suggestions and in response to new requirements of the Orange County Sanitation District (OCSD) and Caltrans. As a result, the design is much improved and the estimated construction costs have been reduced. As discussed, three contract amendments have previously been approved for Stantec's design staff to implement the requested changes to the construction documents. As anticipated construction costs have dropped significantly per the design changes and there is an opportunity to upgrade the project, per the suggestions and recommendations of City staff, OCSD and Caltrans, to include a centralized system at the Utilities Yard to remotely monitor pumps and flow meters and provide remote control of the pumps at the two diversion sites. The additional construction costs for this upgrade can be accommodated within the grant -funded construction budget of $633,000. At this time, staff requests approval of Amendment No. Four to increase the total compensation by $35,200 to reflect additional design services, as well as providing supplemental technical information requested by Caltrans. With approval of this amendment, the total not to exceed amount will be $347,386.00 over the four year term. The current adopted Capital Improvement Program budget includes sufficient funding for this amendment. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action (consultant agreement) 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. Categorical Exemptions for Old Newport Boulevard storm drain diversion and the Hoag storm drain diversion have been filed. 10-2 Approval of Amendment No. Four to Professional Services Agreement with Stantec Consulting Services, Inc. (Stantec) for the Arches Diversion January 14, 2020 Page 3 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. Four to Professional Services Agreement with Stantec Consulting Services, Inc. Attachment B — Location Map 10-3 ATTACHMENT A AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. FOR ARCHES DIVERSION PROJECT — DESIGN AND PERMITTING THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Four") is made and entered into as of this 14th day of January, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and STANTEC CONSULTING SERVICES, INC., a New York Corporation ("Consultant"), whose address is 38 Technology, Suite 100, Irvine, California 92618, and is made with reference to the following: RECITALS A. On November 22, 2016, City and Consultant entered into a Professional Services Agreement ("Agreement") to provide a field survey, construction documents, storm drain easement, permit applications and perform flow and water quality monitoring services for the Arches Storm Drain Weather Diversion Project ("Project"). B. On September 7, 2018, City and Consultant entered into Amendment No. One ("Amendment No. One") to the Agreement to reflect additional Services not previously included in the Agreement, extend the term of the Agreement to December 31, 2020, to increase the total compensation, and to update the "Notices" section of the Agreement. C. On December 12, 2018, City and Consultant entered into Amendment No. Two ("Amendment No. Two") to the Agreement to reflect additional Services not previously included in the Agreement, and to increase the total compensation. D. On June 20, 2019, City and Consultant entered into Amendment No. Three ("Amendment No. Three") to the Agreement to reflect additional Services not previously included in the Agreement, and to increase the total compensation. E. The parties desire to enter into this Amendment No. Four to reflect additional Services not included in the Agreement, as amended, and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 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, Exhibit A to Amendment No. One, Exhibit A to Amendment No. Two, Exhibit A to Amendment No. Three and Exhibit A to this Amendment No. Four, shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 10-4 2. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One, Exhibit B to Amendment No. Two, Exhibit B to Amendment No. Three and Exhibit B to this Amendment No. Four, shall collectively be known as "Exhibit B." 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 Forty Seven Thousand Three Hundred Eighty Six Dollars and 001100 ($347,386.00), 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. Four, including all reimbursable items and subconsultant fees, in an amount not to exceed Thirty Five Thousand Two Hundred Dollars and 001100 ($35,200.00). 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] Stantec Consulting Services, Inc. Page 2 10-5 IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I Z IZ Zo411 CITY OF NEWPORT BEACH, a California municipal corporation Date: By-. a a &— ..oma By: ,,,{,Aaron C. Harp vw «-tjgq Will O'Neill City Attorney Mayor ATTEST: Date: Leilani I. Brown City Clerk Attachments CONSULTANT: Services, Inc., a Date: An Stantec Consulting New York Corporation Eric Nielson Executive Vice President Date: Jeffery P. Stone Assistant Secretary [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Stantec Consulting Services, Inc. Page 3 10-6 EXHIBIT A SCOPE OF SERVICES 1. Additional Plan Revisions and Supporting Documents Consultant shall provide additional engineering services, including additional coordination and research to add a larger site plan showing Caltrans Right -of -Way ("R/W") and alternate power source at Old Newport Boulevard ("ONB"), add two (2) new manhole bases with sump details, incorporate applicable precast products by Jensen and Eisel, prepare three (3) new trash rack details, make revisions to the cleanout and control box detail for the test meter installation and flow meter calibration process, add provisions for future Supervisory Control and Data Acquisition ("SCADA") expansion, specify Myers Cabinets for enhanced security, and revise the electrical plans to reflect an alternate power source at ONB site, the new cabinets, and revised site layouts. Consultant shall assist in the coordination efforts for and preparation of the Caltrans Encroachment Permit ("EP") application, the supporting documents transfer, and EP cover letter. Prepare a Hydrology and Hydraulics Memo with supporting calculations and exhibits for inclusion with the EP application. Prepare supporting pothole information with a summary exhibit for inclusion with the EP package. Consultant shall update the Water Pollution Control Program ("WPCP") and Water Pollution Control Drawings ("WPCD") to match revisions to the ONB site layout. 2. SCADA Meeting, Coordination, Specifications Consultant shall attend coordination meetings with City staff to review remote sensing and control system options, including but not limited to, SCADA Systems. Review SCADA System specifications and coordinate with the City and the City's SCADA consultant, to review and incorporate the necessary specifications, product data, and control narrative by XiO into the respective Project Technical Appendices for each diversion site. 3. Civil, Electrical, & Traffic Plan Revisions Consultant shall prepare final civil and electrical plans and specifications for the proposed ONB and Hoag sites with SCADA system integration. Update civil and electrical base files to incorporate SCADA components and references. Implement City markups received on the 99% submittal package including but not limited to ONB cabinet relocation with access paving, revise elbows to sweeps, show additional conduit runs and spare conduits, verify cabinet size and specification for expanded SCADA equipment, provide additional coordination with Grating Pacific to revise diversion grate detail for drop in configuration, modify grate connection details, and obtain new quotes, and coordinate and revise Hoag plans to reflect power supply and maintenance conditions of the pending Agreement. As requested by Caltrans EP review, Consultant shall revise the Traffic Control Plan for ONB to expand the closure to include the northbound shoulder of Newport Blvd. Consultant shall also define the necessary Temporary Pedestrian Access Route ("TPAR") with references to the appropriate Caltrans Standard Plan. As requested by Hoag Hospital for planning and public safety, Consultant shall prepare a Traffic Control Plan to define appropriate flagging and signage on Hoag Road. Stantec Consulting Services, Inc. Page A-1 10-7 This task includes two (2) submittals of the final ONB and Hoag sites with SCADA system integration with one (1) round of review, coordination, and incorporation of minor comments from the City, and one (1) resubmittal as required to complete the Project design phase. 4. Caltrans Encroachment Permit Comment Incorporation & Processing Consultant shall review and incorporation of significant comments from Caltrans EP review at the ONB site. Prepare a formal response comments letter. Assemble referenced supporting informational attachments including structural calculations, product information, technical specifications, geotechnical report, standard plans, etc. Among other plan revisions, Consultant shall provide additional general notes for contaminated soils and test water disposal, dewatering and shoring requirements, references to Occupational Safety and Health Administration ("OSHA") and Caltrans specifications for trenching, paving, and site repairs, improved RM definition, perform structural calculations for wetwell vertical stability, evaluation of cast -in-place ("CIP") wetwell invert slab, and assessment of CIP Reinforced Concrete Box ("RCB") access shaft support collar. This task includes two (2) submittals of the final ONB site with SCADA system integration with one (1) round of review, coordination, and incorporation of minor comments from Caltrans, and one (1) resubmittal as required to complete the Project design phase. 5. Additional Project Management, Coordination, and Meetings This task covers project management and coordination time to complete the Project. This task provides twenty (20) hours of Consultant manager time to recover attendance at Project presentation meetings and additional meetings — three (3) meetings total - with City staff and maintenance personnel. Assumptions & Exclusions The following assumptions are made with regard to this scope of work. Project specific Landscaping and Irrigation plans are not required to obtain a Caltrans EP or to complete the work at the ONB Diversion Site. The current plans incorporate and direct the Contractor to modify, maintain, and reestablish landscaping and irrigation as defined in the recent OCSD, Project No. 06-17, District 6 Trunk Sewer Relief Project. • Project specific Landscaping and Irrigation plans are not required for the relocated Hoag Diversion Site. The previous landscaping and irrigation plans will be removed and replaced with landscaping and irrigation notes directing the Contractor to modify, maintain, and reestablish existing landscaping and irrigation to equal or better condition. Stantec Consulting Services, Inc. Page A-2 10-8 EXHIBIT B SCHEDULE OF BILLING RATES Additional Plan Revisions and Supporting Documents $9,700.00 SCADA Meeting, Coordination, Specifications $3,400.00 Civil, Electrical, & Traffic Plan Revisions $12,200.00 Caltrans Encroachment Permit Comment Incorporation & Processing $6,300.00 Additional Project Management, Coordination, and Meetings $3,600.00 Total Not to Exceed Amount of Amendment No. Four $35,200.00 Stantec Consulting Services, Inc. Page B-1 10.9 =. 1iAr f c• wy Uh ii WMIIA s f v�. 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