HomeMy WebLinkAbout13 -Amendment On-Call M/RSA for Asphalt and Concrete Street RepairsQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
November 14, 2023
Agenda Item No. 13
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, P.E, Assistant City Engineer
msinacori@newportbeachca.gov
PHONE: 949-644-3342
TITLE: Approval of Amendment No. 2 to On -Call Maintenance and Repair
Agreements for Asphalt and Concrete Street Repairs Services with
Hardy & Harper, Inc.
ABSTRACT:
Staff utilizes on -call contractors to perform needed supplemental asphalt pavement and
concrete replacement services to keep the City of Newport Beach's roadways in good
working condition. On November 15, 2022, the City Council approved a three-year
contract with Hardy & Harper for these services. On April 18, 2023, Amendment No. 1
was executed with Hardy & Harper. The Public Works Department is requesting approval
of Amendment No. 2 to the On -Call Maintenance and Repair agreement as the contract
capacity is nearly expended.
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. 2 to the On -Call Services Agreement with Hardy & Harper,
for as -needed asphalt and concrete street repair services for an additional not -to -
exceed amount of $500,000, and authorize the Mayor and City Clerk to execute the
agreement.
DISCUSSION:
On November 15, 2022, the City Council approved an On -Call Maintenance and Repair
agreement with Hardy & Harper for a three-year term and a $300,000 contract capacity.
On April 18, 2023, Amendment No. 1 was executed with Hardy & Harper for $75,000 for
additional concrete sidewalk grinding services. Since the original contract approval,
several large needs arose for asphalt pavement work or repairs that were not anticipated
when the contract was prepared. For example, due to a large number of water main
breaks over this past year, almost $200,000 in asphalt repairs were assigned to the Hardy
& Harper contract.
13-1
Approval of Amendment No. 2 to On -Call Maintenance and Repair Agreements for
Asphalt and Concrete Street Repairs Services with Hardy & Harper, Inc.
November 14, 2023
Page 2
The contract with Hardy & Harper is approaching a year old with two more years to go,
yet most contract funding capacity has been expended. Staff is requesting a $500,000
amendment for the remaining two years of the contract. This will allow the City of Newport
Beach to continue to use this firm to provide cost-effective asphalt maintenance repairs
for the remaining two years of the contract.
FISCAL IMPACT:
Funding for the work done under this on -call agreement will be expensed to the Public
Works operating accounts for asphalt and concrete replacement, various Capital
Improvement Program (CIP) project accounts and Utility Department operating accounts.
The Public Works Roadway Maintenance Division typically spends approximately
$130,000 a year on on -call miscellaneous asphalt pavement work and another
approximately $70,000 a year on miscellaneous concrete repairs and grinding (not
including planned and budgeted CIP street maintenance and rehabilitation projects). The
Utilities Department also estimates it will need approximately $100,000 a year for
miscellaneous asphalt pavement repair work associated with its on -going utility trenching
work.
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 — Service Agreement Amendment No. 2 with Hardy & Harper, Inc.
13-2
ATTACHMENT A
AMENDMENT NO. TWO TO .
ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH HARDY & HARPER, INC. FOR
ON -CALL ASPHALT AND CONCRETE STREET REPAIR SERVICES.
THIS AMENDMENT NO. TWO TO ON -CALL MAINTENANCE%REPAIR
SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this
14th day of November, 2023 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and HARDY &
HARPER, INC., a California corporation ("Contractor"), whose address is 32! Rancho
Circle, Lake Forest, California 92630, and is made with reference to the following:
RECITALS
A. On. November 15, 2022, City and Contractor entered into an i On -Call
Maintenance/Repair Services Agreement ("Agreement") to engage Contractor to
perform asphalt and concrete street maintenance and/or repair service for City
("Project").
B. On April 18, 2023, City and Contractor entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement and to increase the total compensation.
i
C. The parties desire to enter into this Amendment No. Two to increase ithe total
compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows: .
1. COMPENSATION TO CONSULTANT
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 Schedule of Billing Rates
attached hereto as Exhibit B and incorporated herein by reference. Contractor's
compensation for all Work' performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Eight Hundred .Seventy
Five Thousand Dollars and 00/100 ($875,000.00), 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 subconsultant fees, in an amount not to exceed
Three Hundred Thousand Dollars and 00/100 ($500,000.00).
Hardy & Harper, Inc. Amd #2- Page 1 13-3
2. 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 anO effect.
i
[SIGNATURES ON NEXT PAGE]
Hardy & Harper, Inc: Amd #2 ! Page 2 13-4
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: !o --3 / - 23
By:
aro C. MS
C Attor ey 111412-?
ATTEST:
Date:
al
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Noah Blom
Mayor
CONTRACTOR: HARDY & HARPER,
INC., a California corporation
Date:
By:
Michael Murray
Vice President
Date:
By:
Kristen Paulino
Secretary
[END OF SIGNATURES]
Hardy & Harper, Inc. Amd #2 Page 3 13-5