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TO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
May 14, 2024
Agenda Item No. 7
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
[email protected]
PREPARED BY: Mike J. Sinacori, Assistant City Engineer - 949-644-3342, [email protected]
TITLE: Approval of Amendment No. Two to Professional Services Agreement with Stantec Consulting Services, Inc. for the East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage Improvements Project — Contract No. 8925- 1 (23R11) and Approval of Additional Construction Contingency with T.E. Roberts, Inc. and All American Asphalt
ABSTRACT:
The City of Newport Beach approved several design and construction contracts for storm drain, water main and pavement improvements on Evening Canyon Road and Shorecliff Road. Additional professional engineering and construction services are needed to modify the storm drain design and to extend the water main and complete pavement improvements.
RECOMMENDATIONS:
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 Budget Amendment No. 24-069, transferring $625,391 from the unappropriated General Fund balance to the General Fund CIP and appropriating it into Account No. 01201927-980000-23R11 and appropriating $1,750,000 in increased expenditures in Account No. 70201932-980000-24W14 and transferring funds from the Water Enterprise Fund unappropriated fund balance to the Water Capital Fund; c) Approve Amendment No. Two to the Professional Services Agreement with Stantec Consulting Services, Inc. for the East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage Improvements project for an additional $75,391 for a total not -to -exceed amount of $426,734, and authorize the Mayor and City Clerk to execute the agreement;
d) Increase the contract bid item amounts and contingency by $1,750,000 to $2,270,000 (approximately 65% of the contract award) with T.E. Roberts for Contract No. 7173-3 to cover additional water main replacement on Evening Canyon Road; and 7-1
Approval of Amendment No. Two to Professional Services Agreement for the East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage Improvements Project
May 14, 2024
e) Increase the contract bid item amounts and contingency by $550,000 to $1,100,000 (approximately 20% of the contract award) with All American Asphalt for Contract No. 8925-2 to cover additional pavement rehabilitation efforts on Evening Canyon Road that will be required as a result of the additional water main replacement work.
DISCUSSION:
On November 15, 2022, the City entered into a Professional Services Agreement (PSA) with Stantec Consulting Services Inc. to prepare construction documents for the East Coast Highway and San Miguel Drive Pavement Rehabilitation project (Contract No. 8925-1). Amendment No. One was approved for additional engineering services related to storm drain improvements on Evening Canyon Road and Shorecliff Road.
On October 24, 2023, the City awarded a construction contract to T.E. Roberts, Inc. This contract (Contract No. 7173-3) includes water main improvements on Evening Canyon Road and Shorecliff Road. On January 23, 2024, the City awarded a construction contract to All American Asphalt. This contract includes storm drain and pavement rehabilitation improvements on Evening Canyon Road and Shorecliff Road.
During construction, it was determined that several existing utilities were in conflict with the proposed storm drain improvements. In addition, due to recent water main breaks in the Shorecliffs community, staff is recommending additional water main and pavement rehabilitation improvements on Evening Canyon Road with the two current construction contracts. To accomplish this, staff recommends approving Amendment No. Two with Stantec Consulting Services in the amount of $75,391 to modify the storm drain design and to prepare construction documents for the extended pavement rehabilitation on Evening Canyon Road required for the additional water main improvements.
To expedite construction, staff recommends increasing the construction contingencies with both T.E. Roberts and All American Asphalt which are both currently contracted to complete the storm drain, water main and pavement improvements. The recommended additional construction contingency for T.E. Roberts is $1,750,000, which represents a total contingency of $2,270,000 (approximately 65%). Similarly, the recommended additional construction contingency for All American Asphalt is $550,000, which represents a total contingency of $1,100,000 (approximately 20%). Increased construction costs will be based on the low bid pricing both contractors have provided for the original contract scope.
aF*WymILTA I91«6
The budget amendment transfers $625,391 from General Fund unappropriated fund balance to the General Fund CIP (Fund 012), which utilizes a portion of the Fiscal Year 2023-24 General Fund operating surplus. A General Fund operating surplus of $7.7 million is currently projected based on the second quarter financial report. 7-2
Approval of Amendment No. Two to Professional Services Agreement for the East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage Improvements Project
May 14, 2024
In addition, an appropriation of $1.75 million is required from the Water Utility's capital reserves to fund the water main improvements, which were slated for replacement in future years. The water mains in the Shorecliffs area are recommended for replacement now due to recent main breaks, which accelerates water system improvements set forth in the Water Master Plan. Upon approval of the proposed Budget Amendment, sufficient funding is available from the current Capital Improvement Program (CIP) budget for these projects. It will be expensed to the East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage Improvements project account, 01 201927-980000-23R1 1, and the Shore Cliff Community Water System Improvement project account, 70201932-980000-24W14, in the Public Works Department.
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 — Location Map
Attachment B — Budget Amendment
Attachment C — Amendment No. Two with Stantec Consulting Services, Inc. 7-3
ATTACHMENT A
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90 0 ORIGINAL SCOPE OF WORK
0 ADDITIONAL SCOPE OF WORK
EVENING CANYON ROAD IMPROVEMENTS
DRAINAGE, WATER SYSTEM AND STREET REHABILITATION
LOCATION MAP
7-4
City of Newport Beach ATTACHMENT B
i BUDGET AMENDMENT
"`rFOR"`r 2023-24 BA#: 24-069
Department: Public Works
ONETIME: 7 Yes ❑ No
Requestor: Theresa Schweitzer
Approvals
❑ CITY MANAGER'S APPROVAL ONLY
Finance Director: Date 4/26/24
El COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:
Expense funds to the East Coast Highway and San Miguel Drive Pavement Rehabilitation project (23R11) and Evening ❑ from existing budget appropriations Canyon Road Drainage Improvements project account and the Shore Cliff Community Water System Improvement project ❑ from additional estimated revenues (24W14). ❑✓ from unappropriated fund balance
REVENUES
Fund #
Org
Object Project Description
Increase or (Decrease) $
012
01299
691010 INTERFUNDTRANSFERS- TRANSFERINGENERALFUND
625,391.00
702
70299
691701 INTERFUND TRANSFERS - TRANSFER IN WATER ENTERPRISE 1,750,000.00
Subtotall
$ 2,375,391.00
EXPENDITURES
Fund #
Org
Object Project Description
Increase or (Decrease) $
010
01099
991012 GENERAL FUND INTERFUND TRANSFR - TRANSFER OUT CIP FUN[ 625,391.00
012
01201927
980000 231311 STREET - CIP EXPENDITURES FOR GL
625,391.00
701
70199
991702 INTERFUND TRANSFERS -TRANSFER OUT WATER CAP FUND 1,750,000.00
702
70201932
980000 24W14 CAP NMP DISTRIBUTION & PIPING - CIP EXPENDITURES FOR GL 1,750,000.00
Subtotal
$ 4,750,782.00
FUND BALANCE
Fund #
Object
Description
Increase or (Decrease) $
010
300000
GENERAL FUND - FUND BALANCE CONTROL
(625,391.00)
012
300000
GENERAL FUND CAPITAL PROJECTS - FUND BALANCE CONTROL
701
300000
WATER ENTERPRISE FUND - FUND BALANCE CONTROL
(1,750,000.00)
702
300000
WATER CAPITAL FUND - FUND BALANCE CONTROL
Subtotal
$ (2,375,391.00)
Fund Balance Change Required
7-5
ATTACHMENT C
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH STANTEC CONSULTING SERVICES, INC. FOR
PROFESSIONAL ENGINEERING SERVICES FOR EAST COAST HIGHWAY
FROM JAMBOREE ROAD TO MACARTHUR BOULEVARD AND SAN MIGUEL
DRIVE FROM NEWPORT CENTER DRIVE TO MACARTHUR BOULEVARD
PAVEMENT REHABILITATION
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 14th day of May, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and STANTEC CONSULTING SERVICES, INC., a New York corporation ("Consultant"), whose principal address is 401 17th Street, Suite 1400, Denver, CO 80202 with a local address of 38 Technology Drive, Suite 200, ,—Irvine, California 92618, and is made with reference to the following:
RECITALS
A. On November 15, 2022, City and Consultant entered into a Professional Services Agreement ("Agreement") for professional engineering services for various pavement rehabilitation for East Coast Highway from Jamboree Road to Macarthur Boulevard and San Miguel Drive from Newport Center Drive to Macarthur Boulevard (C-8925-1) ("Project").
B. On August 16, 2023, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement, and to increase the total compensation.
C. The parties desire to enter into this Amendment No. Two to reflect additional Services not included in the Agreement, extend the term of the Agreement, and to increase the total compensation.
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 November 30, 2025, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, and Exhibit A to this Amendment Two shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 7-6
3. 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 and Exhibit B 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 Four Hundred Twenty Six Thousand Seven Hundred Thirty Four Dollars and 001100 ($426,734.00), 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. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Seventy Five Thousand Three Hundred Ninety One Dollars and 00/100 ($75,391.00).
4. 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]
Stantec Consulting Services, Inc. Page 2
7-7
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: `-4/Z!�'/2`(
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: l JV� i�b� By:
ton C. Harp y''�s Will O'Neill
Attorney �aS/a,� Mayor
ATTEST: CONSULTANT: STANTEC
Date: CONSULTING SERVICES, INC., a New
York corporation
Date:
By: By:
Leilani I. Brown David Elwell
City Clerk Vice President
Date:
By:
Mohammad Heiat
Principal
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Stantec Consulting Services, Inc. Page 3
EXHIBIT
SCOPE OF SERVICES
Stantec Consulting Services, Inc. Page A-1 7.9
Reference: East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage Improvements
Amendment #2 -Street Improvements on Evening Canyon Road and Seaward Road EXHIBIT "A"
REQUEST FOR ADDITIONAL AUTHORIZATION FOR ENGINEERING DESIGN SERVICES East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage and Street Improvements
Amendment #2 - Street Improvements on Evening Canyon Road and Seaward Road
SCOPE OF SERVICES
1. Project Management, Meetings and Coordination
This task includes approximately 12 hours for additional project management, meetings, and coordination required for this work.
2. Research, Data Collection, and Field Visits
We will research and obtain available as -built record drawings, utility plans, and preliminary engineering reports. As part of this task, we will also perform up to two (2) field reviews of the site to confirm the base map, evaluate the existing conditions, determine pavement digout and concrete improvement repair locations, and confirm the proposed improvements.
3. Utility Coordination
Based on previous projects, we assume that the City will distribute the first utility request notices to the utility companies in the area and will forward us any utility maps or atlases received and the utility contact, if available.
We will coordinate any utility adjustments required for the street improvements along Evening Canyon Road and Seaward Road and send a Final Utility Notice to each utility company in the project area. We assume the all utility relocations required for the drainage improvements along Evening Canyon Road will be handled by the City.
4. Base Mapping
We will use available City aerial topographic drawings and as -built plans to extend the existing base map drawing to Coast Highway. Available GIS data will be used for the right- of-way and parcel lines and we will extent the current construction centerline. We have provided up to two (2) days of field survey required for the precise grading details to correct the existing drainage pattern near the existing cross gutter at the Seaward Road and Coast Highway intersection and construct an ADA compliant curb ramp, south of Coast Highway.
Design with community in minc
7-10
March 27, 2024
Mr. Ben Davis
Reference: East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage and Street Improvements
Amendment #2 -Street Improvements on Evening Canyon Road and Seaward Road In addition, the base map will include an existing utility base drawing which will show all known underground utility lines within the project limits. Existing utilities will be plotted based on the record drawings and atlases received from the utility companies and any utility information found in record drawings during our research. Their locations will be cross checked against the surface utilities found during our field review to confirm they are shown in the most accurate location possible.
5. Improvement Plans
We will prepare additional improvement plans which will be added to the current plan set.
The plans will be in AutoCAD Civil 3D and in accordance with your design standards.
Current Improvement Plan Updates
The new plans will be inserted into the current plans set and sheet numbers and other minor details will be updated. We will also update the current title sheet and index map to accommodate the new improvements and plans sheets.
Roadway Plan 0"=40')_
Roadway plans for the street improvements along Evening Canyon Road and Seaward Road will be prepared using a horizontal scale of 1 "=40'. The roadway plans will be "plan only" and "double stacked" with two viewports shown on each sheet. Each sheet will contain a north arrow, scale, match lines, and construction and disposition notes for all improvements shown on the sheet.
The roadway improvements will include removals; pavement rehabilitation improvements; locations for repair of damaged curbs, gutters, sidewalks, driveways, and curb ramps; and existing utilities and utility adjustments/relocations. Additionally, we assume the following:
• Typical pavement section will be a 1.5" AC grind and overlay with localized pavement digout repairs.
• Repair of damaged concrete repairs will be limited to existing improvements within the City right of way. However, repairs of existing decorative hardscape improvements within the City right of way are excluded. • Cross gutter and driveway repairs due to damage or the construction of new water service laterals, will be handled with a construction note only to "match existing" and precise grading details are not required.
• Similar to the previous water main improvements along Evening Canyon Road, we assume that the location of new water meter boxes will match existing, and the water main Contractor will protect the existing curb and gutter and repair any existing parkway improvements required to install new water meter boxes and Design with community in mind
7-11
M
March 27, 2024
Mr. Ben Davis
Reference: East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage and Street Improvements
Amendment #2 -Street Improvements on Evening Canyon Road and Seaward Road service laterals. Therefore, no additional improvements will be required on the roadway plans at these locations.
• A separate detail sheet will be prepared which will include precise grading details to correct the existing drainage pattern near the existing cross gutter at the Seaward Road and Coast Highway intersection and to construct an ADA compliant curb ramp, south of Coast Highway. We assume that the two curb ramps at Coast Highway are ADA-compliant and don't require reconstruction.
The plans will clearly show the City right-of-way lines and the construction notes will reference the appropriate City standard plan. The Standard Plans for Public Work Construction (SPPWC) and the Caltrans Standard Plans will be used to supplement the City standard plans. The roadway plans will also include all horizontal and vertical control (precise grading details only) required to stake and construction the new improvements.
Signing and Striping Plan Ian (1 "=40' )
A signing and striping plan will be prepared along Seaward Road and will include signing, striping, pavement markings, and painted curb. The plan will be prepared at 1" = 40'. We assume that no other locations will require a signing and striping plan.
6. Engineer's Estimate
We will compute quantities of construction materials and provide an engineer's opinion of probable construction costs for the additional improvements. Unit prices will match the Contractor's bid, when available, and will otherwise be based upon current cost information for recent, similar projects.
Additional Drainage Design
Our understanding is that due to existing utility conflicts which were previously unknown during design, the current drainage improvements along Evening Canyon Road will need to be redesigned. This task provides an estimated budget for this redesign.
8. Construction Support
Evening Canyon Road Drainage Improvements Construction Support This task is to provide construction support services for the Evening Canyon Road Drainage Improvements. This includes attending periodic job site meetings, as required, clarifying any design -related issues by responding to RFIs, and providing any required submittal reviews. Additionally, we will provide as -built drawings for the Evening Canyon Road Drainage Improvements sheets. For this proposal, we assumed up to 32 hours for this task.
Design with community in mind
7-12
March 27, 2024
Mr. Ben Davis
Reference: East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage and Street Improvements
Amendment #2 -Street Improvements on Evening Canyon Road and Seaward Road ECH / San Miguel Drive Construction Support Replenishment Approximately $12,000 worth of budget was reallocated from the "Construction Support" and "As -Built Drawings" tasks to provide additional design on the project. This task replenishes this budget.
ASSUMPTIONS
The following are assumptions made for this proposal:
• The Coast Highway intersection is within City right-of-way and not Caltrans. • Existing pavement section is 4" AC / 4" CMB per City As -Built R_5855_S. Based on this thickness, we assume that the existing pavement section can accommodate a 1.5" grind and overlay. No coring will be included.
• Revisions to the Specifications will not be required and are not included in this proposal. • No additional drainage improvements are included in this scope of work except for the revisions to the original Evening Canyon Road drainage improvements as part of task 7.
EXCLUSIONS
The following services are not included in this Scope, but may be provided under a separate contract:
• Roadway Design Sections;
• Private Property Improvements;
• Environmental Document;
• Geotechnical Report (no coring to confirm existing pavement section); • Traffic Control and Construction Phasing Plans;
• Landscape Plans
• Structural Engineering;
• Right of Way Engineering;
• Water Quality Management Plan (WQMP); and,
• Storm Water Pollution Prevention Program (SWPPP);
If requested, the Stantec Team can provide the above items subject to supplemental Client authorization.
Design with community in mind
7-13
March 27, 2024
Mr. Ben Davis
Reference: East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage and Street Improvements
Amendment #2 -Street Improvements on Evening Canyon Road and Seaward Road EXHIBIT "C"
REQUEST FOR ADDITIONAL AUTHORIZATION FOR ENGINEERING DESIGN SERVICES East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage and Street Improvements
Amendment #2 - Street Improvements on Evening Canyon Road and Seaward Road
PROJECT SCHEDULE
The schedule below is for the preparation of the street improvement plans, engineer's estimate, and related utility coordination. The schedule for the revisions to the drainage improvements will be confirmed once a revised concept is determined.
1. NTP - 04/23/24
2. Base Mapping and Field Visit (2 weeks) - 05/03/24
3. 90% Plans and Estimate (4 weeks) - 05/31 /24
4. 90% Submittal Review (3 weeks) - 06/21 /24
5. 100% Plans and Estimate (3 weeks) - 07/12/24
6. 100% Submittal Review (1 week) - 07/19/24
Design with community In mind
7-14
EXHIBIT B
SCHEDULE OF BILLING RATES
Stantec Consulting Services, Inc. Page B-1 7-15
EXHIBIT "B"
CITY OF NEWPORT BEACH
EAST COAST HIGHWAY AND SAN MIGUEL DRIVE PAVEMENT REHABILITATION AND
EVENING CANYON ROAD DRAINAGE AND STREET IMPROVEMENTS
AMENDMENT 2 - FEE ESTIMATE
Tasks
Description
No. of
Drawings
Q
a
a
bA
s
a
(p N
o
v
2 1
w
"`n
C N
OA N
0 C
T N
Q/
Total
$251
$243
$220
$198
$159
$290
hrs
Fees
hrs
hrs
hrs
hrs
hrs
hrs
1 Project Management, Meetings and Coordination
1 ] 1
$2,924
12 2
Research, Data Collection, and Field Visits
---
4 12
12 28
$5,256
3 Utility Coordination
---
2 8
4 14
$2,706
4 Base Mapping
4.1 _
Field Survey
---
8 8
16 32
$8,168
4.2 Utility Base
1 1
8 10
$1,713
5 Improvement Plans
Current Improvement Plan Updates
---
1 1
_
y
14 5.1
4 8
$2,558
5.2 Roadway Plan (1"=40')
2 1
9 30
70 $13,148
30 5.3
Precise Grading Detail Sheet
Signing and Striping Plan (1"=40')
1 1
1 1
1 8
20 18
$3,668
$3,350
10 5.4
1 8
8 6
Engineer's Estimate
—
2 8
8 _
18 $3,342
7 Additional Drainage Design
---
4 4
8 16
20 52
$10,084
8 Construction Support
---
---
---
---
---
8.1 Evening Canyon Road Drainage Improvements Const. Support 8 8
32 $6,560
8 8.2
ECH / San Miguel Drive Construction Support Replenishment 2 54
$11,914
30 6
TOTAL HOURS
11 82
16 103
122
16 374
TOTAL FEES
2,7,926
6119
53,520
1 520,394
19,398
$4,640
$75,391
7-16