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Home My WebLink About06 - Amendment to On -Call M/RSA for Harbor Maintenance and Repair ServicesQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report July 28, 2020 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Carol Jacobs, Assistant City Manager - 949-644-3313, cjacobs@newportbeachca.gov PREPARED BY: Melanie Franceschini, Administrative Analyst mfranceschini@newportbeachca.gov PHONE: 949-644-3028 TITLE: Approval of Amendment No. Two to On -Call Maintenance/Repair Services Agreement with Newport Dredging Company Inc. for Harbor Maintenance and Repair Services ABSTRACT: In order to maintain the safety and integrity of Newport Harbor and the various public harbor facilities, several maintenance and repair service agreements are required. Staff requests the approval of Amendment No. Two to the On -Call Harbor Maintenance and Repair Services agreement with Newport Dredging Company DBA South Mooring Company until such time as a formal Request for Bids can be completed. 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. Two to On -Call Maintenance/Repair Services Agreement with Newport Dredging Company Inc. DBA South Mooring Company for Harbor Maintenance and Repair Services to add $75,000 to the current agreement for a total not -to -exceed amount of $325,000.00; and c) Authorize the Mayor and City Clerk to execute the amendment. FUNDING REQUIREMENTS: The adopted budget includes sufficient funding for such services. Individual maintenance and repair projects or tasks will be expensed to the appropriate Operations & Maintenance and/or Capital Improvement Program accounts in current year Harbor Department and Public Works Department budgets. 6-1 Approval of Amendment No. Two to On -Call Maintenance/Repair Services Agreement with Newport Dredging Company Inc. for Harbor Maintenance and Repair Services July 28, 2020 Page 2 DISCUSSION: The City has typically used private sector contractors to fulfill various maintenance or repair services within Newport Harbor. These services include: public dock and pier repairs, maintenance of the City's mooring buoys, public dock and pier cleaning, City sewer pumpout station maintenance and repairs, assisting field personnel in clearing and removing trash/debris throughout the harbor including the log boom, minor dredging and beach maintenance, and other services which help maintain the safety and integrity of the City's Harbor and its public facilities. Staff typically maintains several contractors on- call to address the various items of work needed. Staff is currently working on Requests for Proposals (RFPs) and Request for Bids (RFBs), in anticipation of future expiration dates and contract limits on existing maintenance agreements, for the following harbor related services: • Outdoor janitorial services for docks — currently under review and selection process • Pumpout Inspections and Specialized Maintenance • On -Call Dock Repair and Maintenance • Boat Removal, Storage and Disposal • Vessel Towing Staff is in the process of preparing a Mooring, Maintenance and Repair Services and Log Boom Work RFB, which will require formal Public Works bidding procedures and award to the lowest responsible bidder, which differs from past practice of the RFP process. This extension will provide staff the necessary time to award a new contract. The contract with South Mooring was approved by Council on August 14, 2018 after a May 2017 RFP for various harbor related maintenance services. This original contract had a Not -to -Exceed (NTE) of $200,000 and a scope that included mooring, maintenance and repair services; log boom work; sea lion abatement; harbor cleanup; dock repair and maintenance; boat demolitions; ongoing dock cleaning; and the maintenance and inspections of pumpouts. Both the Harbor Department and the Public Works Department shared the management and spending of this contract. In April 2019, the City entered into Amendment No. 1 of the contract adding $50,000 to the contract. Under Council Policy F-14, the City Manager may sign and award any contract amendment "so long as the contract amount does not exceed 125% of the original contract amount." 6-2 Approval of Amendment No. Two to On -Call Maintenance/Repair Services Agreement with Newport Dredging Company Inc. for Harbor Maintenance and Repair Services July 28, 2020 Page 3 The existing agreement term is through January 31, 2021. However, due to the increased volume of work in the harbor and use by both departments, the current on-call maintenance/repair service agreement has reached its spending capacity. The Harbor Department's and the Public Works Department's combined annual spending with South Mooring is approximately $126,000; therefore, staff is requesting an additional $75,000 be added to the contract for a new NTE of $325,000 to get both departments through the 2020 calendar year. With the additional $75,000, the Harbor Department and the Public Works Department will be able to continue their maintenance and repair service work in Newport Harbor with South Mooring, while conducting their RFPs and RFB for the creation of new contracts with new or existing contractors. This agreement is crucial for both the Harbor Department and the Public Works Department to ensure that all public harbor facilities, from docks/piers to moorings and sewer pumpouts, are kept in good operating condition and available for use. 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. 2 to On -Call Maintenance/Repair Agreement with Newport Dredging Company, Inc. dba South Mooring Company 6-3 ATTACHMENT A AMENDMENT NO. TWO TO ON-CALL MAINTENANCEIREPAIR SERVICES AGREEMENT WITH NEWPORT DREDGING COMPANY INC. DBA SOUTH MOORING CO FOR HARBOR MAINTENANCE AND REPAIR SERVICES THIS AMENDMENT NO. TWO TO ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 28th day of July, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and NEWPORT DREDGING COMPANY INC., a California corporation doing business as ("DBA") SOUTH MOORING CO ("Contractor"), whose address is P.O. Box 528, Newport Beach, California 92661, and is made with reference to the following.- RECITALS ollowing: RECITALS A. On August 14, 2018, City and Contractor entered into an On -Call Maintenance/Repair Services Agreement ("Agreement") for on-call harbor maintenance and repair services ("Project"). B. On April 1, 2019, City and Contractor entered into Amendment No. One to the Agreement ("Amendment No. One") to increase the total compensation due to an increase in the volume of Work. C. The parties desire to enter into this Amendment No. Two to increase the total compensation due to an increase in the volume of Work, and to amend the Insurance requirements. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows. - 1 . ollows:1. COMPENSATION TO CONTRACTOR Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Three Hundred Twenty Five Thousand Dollars and 001100 ($325,000.00), 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 Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subContractor fees, in an amount not to exceed Seventy Five Thousand Dollars and 001100 ($75,000.00). 2. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES Section 5(A) of Exhibit C of the Agreement is amended in its entirety and replaced with the following: "Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time." 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] Newport Dredging Company Inc. DBA South Mooring Cc Page 2 Me IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 2� By: Aa. 9=�, For. Aaron C. Harp W-1-16-20 City Attorney ATTEST: Date: Leiiani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONSULTANT: NEWPORT DREDGING COMPANY INC., a California corporation doing business as ("DBA") SOUTH MOORING CO Date: By: Charles South President and Secretary [END OF SIGNATURES] Newport Dredging Company Inc. DBA South Mooring Co Page 3 Me