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HomeMy WebLinkAbout11 - PSA On-Call Development and Utility Permit Inspection Services and Construction AdministrationPORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN June 25, 2019 Agenda Item No. 11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Michael J. Sinacori, Acting City Engineer PHONE: 949-644-3342 TITLE: Approval of Amendment No. 1 to the Professional Services Agreement with NV5, Inc. for On -Call Development and Utility Permit Inspection Services and Construction Administration ABSTRACT: On September 25, 2018, the City entered into a Professional Services Agreement with NV5, Inc. for on-call public works inspection services, specifically for development and utility permit inspections and construction administration. The Agreement is reaching its not -to -exceed limit and services are still required from the firm. Staff is requesting an amendment to allow for additional compensation and to extend the term to five years. RECOMMENDATION: 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; b) Approve Amendment No. 1 to the current Professional Services Agreement with NV5, Inc. for on-call Development and Utility Permit Inspection Services and Construction Administration, increasing the original contract by $180,000 and extending the term of the agreement to September 24, 2023; and c) Authorize the Mayor and City Clerk to execute Amendment No. 1 of the Agreement. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for these services. It will be expensed as needed to the Professional Services account in the Public Works Department (01080801-811008) as well as respective capital improvement project budgets within the Capital Improvement Program (CIP). Funds for services to be performed in subsequent fiscal years will be expensed in a similar fashion through approved operating and CIP budgets. Approval of Amendment No. 1 to the Professional Services Agreement with NV5, Inc. for On -Call Development and Utility Permit Inspection Services and Construction Administration June 25, 2019 Page 2 DISCUSSION: The upcoming Fiscal Year 2019-20 Capital Improvement Program remains large and the need for Contract Inspection and Construction Administration staff continues to remain. NV5 is one of four firms Public Works currently has on-call agreements with to provide supplemental staff resources for project and development/utility permit inspection services as well as construction administration (the other three being Interwest Consulting Group, Project Partners, Inc. and Wilidan Engineering). The current contract with NV5 is reaching its $120,000 limit; however, project inspection services are still required for upcoming projects, including the current beach and park public restroom rehabilitation project, the up -coming neighborhood street slurry seal and MacArthur Boulevard paving rehabilitation projects as well as several others. The MacArthur project also involves night work and almost full time inspection. Utilizing contract staff resources for night inspection efforts frees up City staff to continue working regular daytime shifts work hours on several other projects in construction and development permits. Staff is requesting approval of this contract amendment to NV5's agreement to increase the contract's not -to -exceed limit to a total of $300,000, and extend the term to five years total. The services provided by NV5 inspection staff to date have been excellent. 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). ATTACHMENT: Attachment A — Amendment No. 1 with NV5, Inc. 11-2 ATTACHMENT A AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH NV5, INC. FOR DEVELOPMENT AND UTILITY PERMIT INSPECTION SERVICES AND CONSTRUCTION ADMINISTRATION THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 25th day of June, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and NV5, INC., a California corporation ("Consultant"), whose address is 9890 Irvine Center Drive, Irvine, California 92618, and is made with reference to the following: RECITALS A. On September 25, 2018, City and Consultant entered into a Professional Services Agreement ("Agreement") to engage Consultant to provide comprehensive construction inspection and administration services on an on-call or as -needed basis ("Project"). B. The parties desire to enter into this Amendment No. One to extend the term of the Agreement to September 24, 2023 and to increase the total compensation due to an increased volume of Work. 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 September 24, 2023, 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 additional Services to be performed in accordance with this Amendment No. One, 11-3 including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Eighty Thousand Dollars and 001100 ($180,000.00). 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] NV5, Inc. Page 2 11-4 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: By: A ron C. Harp City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Diane B Mayor Dixon CONSULTANT: NV5, Inc., a California corporation Date: By: Todd George Vice President Date: By: Jeffrey M. Cooper Director of Municipal Services [END OF SIGNATURES] NV5, Inc. Page 3 11-5