HomeMy WebLinkAbout11 - PSA On-Call Development and Utility Permit Inspection Services and Construction AdministrationPORT CITY OF
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_ i NEWPORT BEACH
City Council Staff Report
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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.
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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,
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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
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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
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