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s NEWPORT BEACH
`q44:09 City Council Staff Report
February 13, 2024
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Michael J. Sinacori, Assistant City Engineer - 949-644-3342, [email protected]
TITLE: Approval of Amendment No. Four to Professional Services Agreement with NV5, Inc. for Construction Support Services for Assessment District 124 (Central Balboa Island)
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The City of Newport Beach received construction bids for the next stage of the Underground Utility Assessment District No. 124 — Phase 1 (Central Balboa Island) project, and awarded the construction contract to International Line Builders at the January 9, 2024 City Council Meeting. Construction support services are required to manage the nearly $12 million construction effort over the next two years. Staff requests City Council approval of Amendment No. Four with NV5 for continued construction support services related to this undergrounding project.
RECOMMENDATIONS:
a) Acknowledge the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 Section 15302 (d) (conversion of overhead electrical utility distribution lines where the surface is restored to the condition existing prior to the undergrounding) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it will not have an adverse effect on the environment; and b) Approve Amendment No. Four to the Professional Services Agreement with NV5, Inc., for construction support services for Assessment District 124 Phase 1 for an additional not -to -exceed amount of $272,190 for a total not -to -exceed amount of $567,847, and authorize the Mayor and City Clerk to execute the amendment.
DISCUSSION:
Underground Utility Assessment District (AD) No. 124 - Phase 1 is the Central Balboa Island area bounded by Agate Avenue, Diamond Avenue, North Bay Front and South Bay Front, and Diamond Avenue, Grand Canal, Park Avenue and South Bay Front and was approved by the property owners on July 27, 2021.
On January 9, 2024 the City Council approved an $11,969,969 construction contract with International Line Builders, Inc. This is the second of three phases for AD No. 124. 6-1
Approval of Amendment No. Four to Professional Services Agreement with NV5, Inc. for Construction Support Services for Assessment District 124 (Central Balboa Island) February 13, 2024
NV5 has provided construction support for several of the recent undergrounding districts including AD No. 113 on the west side of Balboa Island, and AD No. 124 — Phase 0 on North Bayfront. NV5's field support has provided direction to the various contractors and its office staff has advised on design modifications to the Southern California Edison (SCE) plans. This resulted in cost savings and allowed these projects to stay within budget.
Staff recommends continuing with NV5 for the remainder of the AD No. 124 construction.
The recommended City Council action today is for approval of Amendment No. Four for the Phase 1 construction support for a not -to -exceed amount of $272,190. A separate request will be made for the Phase 2 construction support when that phase of the project is brought to Council for approval.
FISCAL IMPACT:
Sufficient funding is available from the pre -payments from AD 124 property owners and the bond issuance for AD 124, which occurred in the summer of 2023.
The construction support services will be funded from the following source:
Account Description
AD 124 Construction
ENVIRONMENTAL REVIEW:
Account Number
67502-941007
Amount
$ 272,190
Total: $ 272,190
On February 23, 2021, the City Council deemed the AD-124 project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(d) (conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding).
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 — Project Location and Phasing Map
Attachment B — Amendment No. Four
6-2
ATTACHMENT A
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6-3
ATTACHMENT B
AMENDMENT NO. FOUR TO
PROFESSIONAL SERVICES AGREEMENT
WITH NV5, INC. FOR
ASSESSMENT DISTRICT ENGINEERING SERVICES FOR UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Four") is made and entered into as of this 13th day of February, 2024 ("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 200 South Park Road, Suite 350, Hollywood, FL 33021, and is made with reference to the following:
RECITALS
A. On February 23, 2021, City and Consultant entered into a Professional Services Agreement ("Agreement") for assessment engineering services for Underground Utility Assessment District No. 124 ("Project").
B. On July 27, 2021, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not included in the Agreement, to extend the term of the Agreement to June 25, 2025 and to increase the total compensation.
C. On July 14, 2023, City and Consultant entered into Amendment No. Two to the Agreement ("Amendment No. Two") to reflect additional services not included in the Agreement and to increase the total compensation.
D. On November 20, 2023, City and Consultant entered into Amendment No. Three to the Agreement ("Amendment No. Three") to reflect additional services not included in the Agreement and to increase the total compensation.
E. The parties desire to enter into this Amendment No. Four to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit B to the Agreement, Exhibit B to Amendment No. One, Exhibit B to Amendment Two, Exhibit B to Amendment Three, and Exhibit B to Amendment No. Four 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- rom
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 Five Hundred Sixty Seven Thousand Eight Hundred Forty Seven Dollars and 00/100 ($567,847.00), 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. Four, including all reimbursable items and subconsultant fees, in an amount not to exceed Two Hundred Seventy Two Thousand One Hundred Ninety Dollars and 00/100 ($272,190.00).
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]
NV5, Inc. Page 2
6-5
IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: I -/sr - 2z
By: 2e "__ I / -
Aar C. rp '"ls
tfi Attorne
ATTEST:
Date:
SO
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Will O'Neill
Mayor
CONSULTANT: NV5, Inc., a California
corporation
Date:
By:
Jeffrey M. Cooper
Vice President
Date:
By:
MaryJo O'Brien
Secretary
[END OF SIGNATURES]
Attachments: Exhibit B — Schedule of Billing Rates
NV5, Inc. Page 3
.ei
EXHIBIT B
SCHEDULE OF BILLING RATES
NV5, Inc. Page B-1 6_7
Exhibit B — Schedule of Billing Rates
Tasks 22 through 39, at same hourly rates as in Exhibit B to Amendment No. 3.
Construction Management & Inspection
Special Inspection & Laboratory Testing
Miscellaneous Expenses
Grand Total
$238,500.00
$25,736.00
$7,954.00
$272,190.00