HomeMy WebLinkAbout11 - Approval of Amendment No. 3 to M/RSA for On-Call Beach Maintenance ServicesQ �EwPpRT
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<,FORN'P City Council Staff Report
October 12, 2021
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, Assistant City Engineer
msinacori@newportbeachca.gov
PHONE: 949-644-3342
TITLE: Approval of Amendment No. 3 to Maintenance and Repair Services
Agreement with GCI Construction Inc. for On -Call Beach
Maintenance Services
ABSTRACT:
On June 13, 2017, following a competitive Request for Proposal (RFP) procurement
process, the City Council approved two, on-call contracts for beach maintenance services
for three-year terms. The City of Newport Beach (City) uses service agreements to
perform maintenance and repairs throughout Newport Harbor and along City beaches to
supplement City staff efforts. With the update to Council Policy F-14 (Authority to
Contract) in 2018, these contracts were extended two years and are now set to expire at
the end of May 2022. In August 2020, the not -to -exceed (NTE) contract amounts were
extended for both contracts due to the efforts required for the July 3, 2020 large wave
event and flooding on the Balboa Peninsula. With additional contractual effort needed to
address the large wave events during the past few months, the contract NTE is close to
being reached again for GCI Construction Inc. (GCI). Staff is seeking an additional NTE
amount for GCI to provide contract sand management capacity to assist the County of
Orange in the upcoming Santa Ana River Mouth sand management project, as well as
have reserve contract capacity to address issues associated with possible winter storms
and large wave events before the contact expires on May 31, 2022.
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. 3 to the Maintenance and Repair Services Agreement with
GCI Construction Inc. (C-8501-1) to add $500,000 to the current contract for a total
not -to -exceed amount of $1,225,000;
c) Authorize the Mayor and City Clerk to execute the amendment; and
d) Approve Budget Amendment No. 22-016 appropriating $350,000 in increased
expenditures in Account No. 10001-980000-22H04 (Beach and Bay Sand
Management) from the unappropriated Tidelands Maintenance fund balance.
Approval of Amendment No. 3 to Maintenance and Repair Services Agreement with
GCI Construction Inc. for On -Call Beach Maintenance Services
October 12, 2021
Page 2
DISCUSSION:
The City uses private sector contractors and consultants to fulfill various operational and
maintenance needs of Newport Harbor, the Upper Bay and Newport beaches. Contracted
work includes mooring and marina management, dock and marina repairs/maintenance,
beach cleanup and algae removal, engineering services, and other services as needs
arise. Beach maintenance and sand management is handled by a combination of City
staff and contractors.
Public Works oversees the sand management projects and maintenance for the ocean
beaches and bay beaches within Newport Harbor, and assists with capital needs and
emergency work. Normal, day-to-day ocean beach maintenance services are performed
by the Public Works staff. Contract services are used to supplement staff and address
large projects, occasional peak or emergency needs, and special work efforts such as
maintaining beaches on Balboa Island where sand is moved up from the low tide line and
groomed to achieve a desirable slope appropriate for public access to the beach.
On March 28, 2017, a Request for Proposals for on-call beach maintenance services was
released to the public. Seventeen vendors were notified of the opportunity. Only two firms
submitted proposals and on June 13, 2017, both firms, GCI and Tight Quarters, Inc., were
given contracts as they each have specialized equipment and staff the City requires for
different types of beach maintenance activities.
Each contractor has performed well over the past four years. At times, both contractors
have been utilized at the same time to expedite efforts prior to peak summer beach use.
For instance, this past June, GCI focused on preparing the Balboa Pier area for the
summer crowds while Tight Quarters addressed bay beaches around Balboa Island. In
addition, the County of Orange (County) began an annual maintenance effort, clearing
the mouth of the Santa Ana River, and moved most of the sand to the Newport jetties.
While that operation was taking place, GCI and Tight Quarters worked in concert and
moved additional sand to Balboa Pier and adjacent areas. This same operation is
required by the County this fall as the Santa Ana River Mouth sand has built up again.
The two-month effort will begin in mid-October 2021.
Recently, GCI has been used to address high wave events in August and September
which required maintaining the sand berm at Balboa Pier prior to the events. As a result,
GCI has nearly reached its NTE contract amount. With the County operation starting
shortly, and potential storm and rain events this coming winter, staff is requesting a third
contract amendment with GCI. Tight Quarters' contract NTE amount has not been
reached yet and there is enough capacity for the remaining contract term. Staff
recommends approval of Amendment No. 3 with GCI to provide contract sand
management capacity to assist the County in its upcoming Santa Ana River Mouth sand
management project, as well as have reserve contract capacity to address any beach
sand issues associated with possible winter storms and large wave events before the
contact expires May 31, 2022.
11-2
Approval of Amendment No. 3 to Maintenance and Repair Services Agreement with
GCI Construction Inc. for On -Call Beach Maintenance Services
October 12, 2021
Page 3
FISCAL IMPACT:
The Budget Amendment appropriates $350,000 in increased expenditure appropriations
from unappropriated Tidelands Maintenance fund balance to the Beach and Bay Sand
Management CIP Account No. 10001-980000-22H04 to allow for the remaining known
funding needs through the contract period. Additional funds may be required if significant
storm or large wave events are experienced between now and the end of May 2022. Staff
will return to the City Council and request additional funds, if required.
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
ATTACHMENTS:
Attachment A — Amendment No. 3 to Maintenance and Repair Services Agreement
Attachment B — Draft Public Notice of County 2021 Sand Management Efforts
Attachment C — Budget Amendment
11-3
ATTACHMENT A
AMENDMENT NO. THREE TO
ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH GCI CONSTRUCTION, INC. FOR
BEACH MAINTENANCE SERVICES
THIS AMENDMENT NO. THREE TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. Three") is made and entered into as of this
12th day of October, 2021 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and GCI
CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 1031
Calle Recodo, Suite D, San Clemente, California 92673, and is made with reference to
the following:
RECITALS
A. On June 13, 2017, City and Contractor entered into an On -Call
Maintenance/Repair Services Agreement ("Agreement") for Contractor to perform
on-call maintenance and/or repair service for City ("Project").
B. On October 15, 2019, City and Contractor entered into Amendment No. One to the
Agreement ("Amendment No. One") to extend the term of the Agreement to May
31, 2022, to increase the total compensation, update the Schedule of Billing Rates,
the terms of responsibility for damages or injury, prevailing wages, conflicts of
interest, and Insurance requirements.
C. On August 25, 2020, City and Contractor entered into Amendment No. Two to
reflect additional Services not included in the Agreement, as amended, to increase
the total compensation, and to update Insurance requirements.
D. The parties desire to enter into this Amendment No. Three to increase the total
compensation due to an increase in the volume of Work.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
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 One Million Two Hundred Twenty Five Thousand
Dollars and 00/100 ($1,225,000.00), without prior written amendment to the Agreement."
11-4
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed Five
Hundred Thousand Dollars and 001100 ($500,000.00).
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]
GCI Construction, Inc. Page 2
11-5
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITYATTORN Y'S OFFICE
Date: % 2712/
B
A on CATa-rid +
City Attorney
ATTEST:
Date:
go
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Brad Avery
Mayor
CONTRACTOR: GCI CONSTRUCTION,
INC., a California corporation
Date:
By:
Leilani I. Brown Terry D. Gillespie
City Clerk Chief Executive Officer
Date:
By:
Richard D. Kay
Secretary
[END OF SIGNATURES]
GCI Construction, Inc. Page 3
11-6
U11NIINffillk,
Santa Ana River
Flood Control Channel
Annual Maintenance: Excess Sand
Removal from Channel Outlet
At the Santa Ana River flood control channel outlet
between the cities of Huntington Beach and Newport
Beach, west of Pacific Coast Highway.
* See other side for sand placement locations
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Newport Beach
1. Approximately 53,000 cubic yards of accumulated
sand will be removed from the channel outlet, as
allowed through regulatory permits for flood control
maintenance. Removing the excess sand minimizes
potential flood risks during rain events and also
maintains the natural tidal flow with the adjacent
Newport Shores marsh area.
2. Additionally, in coordination with the City of Newport
Beach, crews will transport the removed sand to
City beach areas that will benefit most from
sand replenishment.
Your safety is the top priority! Large equipment will be
used. Please observe all caution signs / barriers and stay
a safe distance from the work area.
Anticipated Project Duration:
As early as mid-October through mid-February 2022
Equipment Operation:
Monday through Saturday, 7:00 a.m. — 5:30 p.m.
Crew members may be on site starting at 6:00 a.m. Work
schedule is tentative and subject to change.
Santa Ana River
Flood Control Channel
Annual Maintenance: Excess Sand Removal
Sand Placement Locations
Potential sand replenishment areas:
(1) between 52nd Street and 40th Street, and;
(2) Immediately west of the Balboa Pier
Santa Ana
River outlet
Newport Pier
Balboa Pier 7
11-8
ATTACHMENT C
City of Newport Beach
BUDGET AMENDMENT
2021.22 BA#: 22-016
Department: Public Works
ONETIME: F11 Yes ❑ No
Requestor: Theresa Schweitzer
Approvals
❑ CITY MANAGER'S APPROVAL ONLY
Finance Director: Date
0 COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:
To increase expenditure appropriations from unappropriated Tidelands Maintenance fund balance to fund the Beach ❑ from existing budget appropriations
and Bay Sand Management CIP Account to allow for the remaining known funding needs through the contract period. ❑ from additional estimated revenues
❑� from unappropriated fund balance
REVENUES
Fund #
Org
Object Project Description
Increase or (Decrease) $
Subtotal ',`$ — ---J
EXPENDITURES
Fund #
Org
Object Project Description
Increase or (Decrease) $
100
10001
980000 221-104 TIDE&SUBMERGED LAND CIP -
CIP EXPENDITURES FOR GL 350,000.00
Subtotal $ 350,000.00
FUND BALANCE
Fund #
Object
Description
Increase or (Decrease) $
100
300000
TIDE & SUBMERGED LANDS FUND - FUND BALANCE CONTROL
(350,000.00)
Subtotal', $ (350,000.00)'
Fund Balance Change Required