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