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HomeMy WebLinkAbout08 - OCSD Mariners Mile Wastewater Force Main City Inspection Support Services AmendmentTO: FROM: CITY OF NEWPORT BEACH City Council Staff Report November 24, 2015 Agenda Item No. 8 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Michael J. Sinacori, Assistant City Engineer PHONE: (949) 644-3342, Msinacori@Newportbeachca.gov TITLE: Orange County Sanitation District (OCSD) Mariners Mile Wastewater Force Main City Inspection Support Services Amendment with Anderson Penna ABSTRACT: In April 2015, the City executed an agreement with Anderson Penna for inspection support services for the subject project for a not -to -exceed fee of $40,000 to be paid by the Orange County Sanitation District (OCSD). The agreement was amended in June for an additional $40,000, as the OCSD project was delayed into the summer months. Staff is requesting to further amend the agreement for additional inspection services necessary for the Phase 2 portion of this project. The Phase 2 additional $75,800 inspection effort will also be paid by OCSD and will bring their total not -to -exceed fee for the services to $155,800. RECOMMENDATION: a) Approve Amendment No. 2 with Anderson Penna for an additional $75,800 in inspection support services and authorize the Mayor and City Clerk to sign the agreement on a form approved by the City Attorney; b) Approve Budget Amendment No. 16BA-018, increasing revenue estimates in the Contributions fund by $119,350 in account 1 3501-431 075 and increasing expenditure appropriations by $119,350 in the Contributions Fund in account 13501- 980000-16S10; and c) Approve Budget Amendment No. 16BA-018, increasing revenue estimates in the Water Capital Fund by $55,297.66 in account 70203-511040 and increasing expenditure appropriations by $55,297.66 in the Water Capital Fund in account 70201-980000-15W02. WE Orange County Sanitation District (OCSD) Mariners Mile Wastewater Force Main City Inspection Support Services Amendment with Anderson Penna November 24, 2015 Page 2 FUNDING REQUIREMENTS: The Budget Amendment records and appropriates $119,350 in additional revenue from the contributions fund and $119,350 in increased expenditure appropriations. The revenue will be posted to the OCSD Contributions Fund account, 13501-431075, and will be expensed to the OCSD Project Support account in the Capital Improvement Program, 13501-980000-16S1 0. In addition, the Budget Amendment records and appropriates $55,297.66 in additional OCSD revenue to the Water Capital Fund and $55,297.66 in increased expenditures. The revenue will be posted to the Water Capital Fund account 70203-511040, and will be expensed to the Water Capital Fund account in the Capital Improvement Program, 70201-980000-15W02. DISCUSSION: Construction work has been underway to rehabilitate Orange County Sanitation District (OCSD)'s regional sewer lines within the City of Newport Beach for over the past couple years. OCSD's Newport Beach Program consists of five construction projects. The Dover Drive and Balboa trunk projects have been completed and the Coast Highway Newport Force Main project is currently progressing. The current project is to rehabilitate the force mains located on West Coast Highway between Dover Drive to the OCSD Bitter Point Pump Station located near Prospect Street. The Phase 1 portion of the Coast Highway project met with considerable challenges and required additional City resources for the continual support required in coordinating the construction effort. Multiple modifications to the planned construction were necessary due many unforeseen conditions, all of which took review by Caltrans and City Staff. In an effort to minimize the impacts to other City capital improvement projects and to provide more responsive direction to OCSD, the City entered into an agreement with consultant Anderson Penna in April 2015 to assist in the oversight of the Phase 1 efforts. The consultant staff has been well received by OCSD and they have requested that they continue in supporting the project. OCSD has also agreed to provide the funding necessary for the support services as they realize any delays to the project will prove more costly. Anderson Penna will continue to be on site as the City's representative reviewing plan changes, construction scheduling and provide traffic control coordination with Caltrans and the City. The City's goal is to complete the OCSD project as soon as possible with the least amount of community impact while coordinating with other City construction efforts. Staff recommends approval of Amendment No. 2 with Anderson Penna for continued inspection support services to be funded by OCSD. Orange County Sanitation District (OCSD) Mariners Mile Wastewater Force Main City Inspection Support Services Amendment with Anderson Penna November 24, 2015 Page 3 In addition to the $75,800 in expenses for Anderson Penna, the City has also realized other outside expenses for support that OCSD has requested. For example, the Coast Highway Force Main project required the removal of a critical City water main crossing Coast Highway. At the time, OCSD's contractor was unable to complete the restoration of the water main because of the many other contract issues that OCSD was experiencing last May and June. A City contractor (TE Roberts) working in the general area was utilized to restore the water main with OCSD providing the funding for their share of the effort. The attached Budget Amendments accounts for the revenue and expenditures including the $55,297.66 for this water main crossing work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section [insert exemption section number (short description of section)] 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 — Amendment No. 2 with Anderson Penna for Construction Support Services Attachment B — Budget Amendment ATTACHMENT A AMENDMENT NO. TWO TO ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH ANDERSONPENNA PARTNERS, INC. FOR ON-CALL PUBLIC WORKS CONSTRUCTION SUPPORT SERVICES THIS AMENDMENT NO. TWO TO ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 13th day of October, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ANDERSONPENNA PARTNERS, INC., a California corporation ("Consultant"), whose address is 3737 Birch Street, Suite 250, Newport Beach, California 92660, and is made with reference to the following: RECITALS A. On April 28, 2015, City and Consultant entered into an On -Call Professional Services Agreement ("Agreement") to provide on-call public works construction support services for the OCSD 5-60 Newport Force Main project ("Project"). B. On June 16, 2015, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to increase the total compensation to provide public works inspection services for the Mariner's Mile Sewer Rehabilitation project being performed by the Orange County Sanitation District ("OCSD"). C. City desires to enter into this Amendment No. Two to reflect continued Services not contemplated 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: COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement and Exhibit A to Amendment No. Two 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 One Hundred Fifty Five Thousand Eight Hundred Dollars and 00/100 ($155,800.00), 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 continued Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Seventy Five Thousand Eight Hundred Dollars and 00/100 ($75,800.00). 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 and effect. [SIGNATURES ON NEXT PAGE] AndersonPenna Partners, Inc. Page 2 8-5 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT NE OFFICE Date: 4VL�� By: Aaron C. Harp A&A oaliN►,S City Attorney ATTEST: Date: In Leilani I. Brown City Clerk Attachments: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Edward D. Selich Mayor CONSULTANT: AndersonPenna Partners, Inc., a California corporation Date: Bv: Lisa M. Penna Chief Executive Officer Date: By: Angelique Lucero Chief Financial Officer [END OF SIGNATURES] Exhibit A — Schedule of Billing Rates AndersonPenna Partners, Inc. Page 3 U.N. EXHIBIT A SCHEDULE OF BILLING RATES AndersonPenna Partners, Inc. Page A-1 8-7 ANDERSON •PENNA • PARTNERS IN PROJECT DELIVERY August 31, 2015 City of Newport Beach Michael J. Sinacori, PE Assistant City Engineer 3300 Newport Blvd. Newport Beach, CA 92663 Subject: REQUEST FOR AMENDMENT No. 2 to C-6107 On -Call Construction Support Services Agreement (OCSD 5-60 Newport Force Main Project) Dear Mike, AndersonPenna Partners, Inc. (APP) is requesting Amendment No. 2 to the existing agreement to continue public works construction support services for the OCSD 5-60 Newport Force Main project (Coast Highway between Dover Drive and the Bitter Point Pump Station). Mr. Loren Love has been on the project since March 28, 2015 performing Inspection Services under the City's direction. The existing Agreement and Amendment No.1 currently has a not -to -exceed (NTE) compensation limit of $80,000.00. As the Project requires continued/additional construction support services through June 2016, we would like to request an amendment of $75,800 for these additional services. Agreement Amount: $40,000.00 Amendment No. 1: $40,000.00 Amendment No. 2: $75,800.00 New Total: $155,800.00 We have enjoyed the opportunity to work with you. Should you have any questions or desire any additional information, please do not hesitate to contact Gary Heinbuch at (951) 840-5920 or gheinbuch@andpen.com or me at (714) 458-0703 or ddemiliaC@andpen.com. Sincerely, AndersonPenna Partners, Inc. Dino P. D'Emilia, PE, QSD Vice President, Construction Services Enclosure: Fee Proposal 3737 BIRCH STREET, SUITE 250 • NEWPORT BEACH, CA 92660 WWW.ANDPEN.COM PHN 949 428 1 500 • FAX 949 256 5053 CERTIFIED DBE REQUEST FOR AMENDMENT No. 2 to C-6107 On -Call Construction Support Services Agreement (OCSD 5-60 Newport Force Main Project) August 31, 2015 Page 2 Fee Proposal ANDERSON • PENNA PARTNERS IN PROJECT DELIVERY• Number of Days Hours per day Total Hours Billing Rate4$75,808 tal Fee 206 4 824 $92.00/hour (say $75,800.00) The above hourly rates include wages, fringe and general and administrative overhead and fee, as well as typical supplies, tools and equipment required to perform services. A 4 -hour minimum callout applies to Inspection staff. Overtime rates at 1.5 times apply when inspector is required more than 8 hours in any given day or more than 40 hours in any given pay week. Sunday rates and holiday rates are calculated at 1.8 times the regular billing rate. Other Direct Costs: Reimbursement of identifiable non -salary costs that are directly attributable to the project such as oversized and/or color reproduction costs, site facility hard phone line and/or internet service charges, non -commuter project miles and/or other travel expenses to remote fabrication yards / batch plants, overnight postage / couriers, etc., are billed at actual cost plus 5 percent to cover overhead and administration. Travel charges to a casting/ fabrication yard or batch plant will include the hourly billing rate plus travel expenses as listed in the Caltrans Travel Guide (State rates). Non -commuting mileage required for travel on the project and to and from locations other than the project site are billed at the allowable IRS mileage reimbursement rate (currently $0.565 per mile). Fees for subconsultant services: Billed at actual cost plus 10 percent to cover overhead and administration. Exclusions to Scope and Fee: The following items are specifically excluded: Legal advice Specialized Software (other than MS Office Suite) and MS Project Building Code Inspection Surveying Design services and responsibilities Materials, soils and/or hazardous materials testing or monitoring Construction Labor, Materials and/or Equipment Copies of plan and specifications or other oversized drawings Work hours/level of effort over and above those initially approved for the Scope of Work / Project assigned or for delays to the contract time beyond the scope and control of APP. Construction management and/or labor compliance services unless otherwise specifically called for in the Scope of Work, or specifically added by City :• ATTACHMENT B City of Newport Beach BUDGET AMENDMENT 2015-16 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 16BA-018 AMOUNT:1 $174,647.66 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations for the additional project support related to the OCSD sewer line project and for contributions to the Water Capital Fund from OCSD related to the Newport Boulevard Water Main Rehabilitation Proiect. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Object Description Amount Debit Credit REVENUE ESTIMATES Org Object Description 13501 431075 Contributions - OCSD Contribution $119,350.00 70203 511040 Water Capital - Damage to City Property $55,297.66 EXPENDITURE APPROPRIATIONS Signed: Signed: Signed: 1 17 * Automatic System En Financial Approval: Finance Director Administrative Approval: City Ma City Council Approval: City Clerk $119,350.00 $55,297.66 8-0-) Date jj it 13 Date Date 8-10 Description Org Number 13501 Contributions CIP Object Number 980000 Capital Improvement Project Project Number 16S10 OCSD Project Support Org Number 70201 Water Capital CIP Object Number 980000 Capital Improvement Project Project Number 15W02 Newport Blvd Water Main Rehab Signed: Signed: Signed: 1 17 * Automatic System En Financial Approval: Finance Director Administrative Approval: City Ma City Council Approval: City Clerk $119,350.00 $55,297.66 8-0-) Date jj it 13 Date Date 8-10