Department:
Prepared By:
Subject:
Fiscal Impact:
AGENDA REPORT
SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 5, 2022
Utilities
David Rebensdorf, Utilities Director {) ?-
Agenda Item (o J
Approvals:
City Manager t2J J{)
Dept. Head O g.
Attorney C Jf
FinanceT�
RATIFICATION OF EMERGENCY PURCHASES, CONSTRUCTION CONTRACT WITH O'CONNELL
ENGINEERING & CONSTRUCT/ON FOR CYPRUS SHORE PUMP STATION RELOCATION, AND
FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH AKM CONSULTING ENGINEERS, PROJECTNO.'S 12004AND 12210.
Yes. The total estimated project cost for the Cyprus Shore Pump Station Relocation, Project No. 12210 is $2,623,150. The project was originally budgeted for $88,580, and a supplemental appropriation of $2,534,570 is recommended from the Sewer Connection Fee Reserve to Account No. 054-477-45300-000-12210.
A total of $411,000 has been budgeted for Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004. Based on actual costs and addition funding for project management, a supplemental appropriation is recommended in the amount of $40,000 from the Storm Drain Fund Depreciation Reserve to Account No. 059-553- 45300-000-12004.
There is sufficient fund balance within all proposed funds for the recommended supplemental appropriations.
Summary: Staff recommends additional funding for Project No.'s 12004 and 12210, ratifying a Construction Contract with O'Connell Engineering and Construction, Inc. (O'Connell) in the amount of $1,974,950 for the Cyprus Shore Pump Station Relocation, ratifying a change order with O'Connell for the Storm Drain Relocation, and approval of a First Amendment to a Professional Services Agreement with AKM Consulting Engineers (AKM).
Background: Coastal bluff movement at Cyprus Shore necessitated an emergency response to ensure uninterrupted wastewater and storm drainage. On September 20, 2021, City staff installed a temporary emergency sewer bypass pump system adjacent to the Cyprus Shore Clubhouse near the intersection of Calle Ariana and Avenue de las Palmeras. In order to protect public health and safety, the City Council ratified the emergency Professional Services Agreement and Construction Contract approved by the City Manager with AKM and O'Connell and an initial appropriation of funding for expenditures, including construction management/inspection services for Dudek Engineering, material purchases and rentals at its October 19, 2021 City Council Meeting. With the need for continued operation of the pump station with pump watch while a more permanent facility is designed and constructed, additional operational Utilities Agenda Report 4-5-22 / 6J-1
Attachment 5
Agenda Report Page 2
funding was approved on December 7, 2021 and February 15, 2022. Design was completed for the Pump Station Relocation by AKM and bids were received.
Discussion: Project No. 12210 - Cyprus Shore Pump Station Relocation, AKM prepared a design for the relocation of the pump station, which includes the following: wet well, three pumps, replacement of the six-inch forcemain in Calle Ariana, electrical equipment and instrumentation with emergency generator backup power to be purchased separately. The project will improve the pumps, electrical and motor control systems.
Based on a bid package prepared by AKM, City staff contacted three contractors that have satisfactorily completed previous City projects to receive bids for the emergency Cyprus Shore Pump Station Relocation. The following bids were received on March 8, 2022:
O'Connell Engineering and Construction, Inc.
Jennette Company
sew Contracting Corporation
$1,974,950
$2,467,935
$4,096,168
Based on the low bid, construction costs are estimated as follows:
Design/Construction Services
Installation and Monitoring an Inclinometer
Construction Management, Inspection and Testing
Construction
Emergency Generator
Contingency (15%)
Total Project Cost
$ 77,200
25,000
175,000
1,974,950
75,000
296,000
$2,623,150
Based on the low bid, the City Manager approved a construction Contract with O'Connell in the amount of $1,974,950. The City Manager has the authority to approve emergency contracts and purchases when there is a need to protect public health and safety per Section 3.40.070 of the City of San Clemente Municipal Code.
In addition, a First Amendment to the Professional Service Agreement with AKM is ; recommended to provide construction related engineering support services and to finalize design for the permanent relocation of the pump station in the amount of $77,158 (Attachment 7). The original Professional Services Agreement with AKM was for preliminary design and analysis for the pump station and storm drain in the amount of $98,464 and did not include final design or construction period services.
The pump station relocation project was budgeted for preliminary design and analysis in the amount of $88,580. Based on the bids and additional services needed to complete the project, the total project cost is estimated at $2,623,150, based on the project costs, a supplemental appropriation of $2,534,570 is needed to fund the project.
Project No. 12004 - Cyprus Shore Storm Drain Emergency Relocation, the Emergency Storm Drain Relocation is partially constructed due to negotiations between the City and Cyprus Shore HOA related to its placement. The pipeline and fittings have been purchased, the pipeline has been partially placed and stored above 4-5-22 I 6J-2
Agenda Report Page 3
ground have been constructed. Based on a time and materials basis, approximately $130,000 has been spent with O'Connell for equipment, staffing and materials. The original contract was approved for $39,405 with a change order in the amount of $31,230 approved within the project contingency limit. Based on actual construction costs to date, the City Manager approved a change order in the amount of $59,000.
As previously mentioned, the City Manager has the authority to approve emergency contracts and purchases when there is a need to protect public health and safety per Section 3.40.070 of the City of San Clemente Municipal Code.
Based on current construction costs, design, construction management, purchase of ,materials, storm drain lining, and plug installation and maintenance, approximately $441,000 has been spent to date. Staff is requesting an additional $10,000 for project management and contingency until the location of the pipeline is determined. At that time, additional funding will be needed to complete the relocation project. A total of $411,000 has been budgeted, based on the cost as previously mentioned, a supplemental appropriation is recommended in the.amount of $40,000.
Recommended
Action: STAFF RECOMMENDS THAT the City Council:
1. Make a finding that an emergency continues to exist due to the potential failure of an existing sewer pump station and storm drain ·system and that the situation requires immediate action to prevent or mitigate impairment to property and public services, that might otherwise occur if required to incur delays attributed to the typical engineering design and public competitive bidding process;
2. Declare that the public interest and necessity deniand the immediate expenditure of public funds to safeguard public health;
3. Approve a supplemental appropriation in the amount of $2,534,570 to Account Number 054-477-45300-000-12210 from the Sewer Connection Fee Reserve for Cyprus Shore Pump Station Relocation, Project No.1221 O;
4. Approve a supplemental appropriation in the amount of $40,000 to Account Number 059-553-45300-000-12004 from the Storm Drain Fund Depreciation Reserve for Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004;
5. Ratify a Construction Contract with O'Connell Engineering and Construction, Inc. in the amount of $1,974,950 for Cyprus Shore Pump Station Relocation, Project No.12210;
6. Ratify a Change Order with O'Connell Engineering and Construction, Inc. on a time and materials basis for $59,000 for Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004; and,
7. Approve and authorize the City Manager to execute, Amendment No. 01 to Contract C21-43 by and between the City of San Clemente and AKM Consulting Engineers. This Amendment increases the contract amount from $98,464 to $175,622 (an increase of $77,158).
4-5-22 I 6J-3
Agenda Report Page 4
Attachments: 1. Location Map.
2. Construction Contract with O'Connell Engineering & Construction for Cyprus Shore Pump Station Relocation, Project No.12210 (without attachments).
3. First Amendment to Professional Services Agreement with AKM Consulting Engineers.
Notification: None.
i:\cu\secure\staff\admin\agenda-admin reports\2022 admins\4-5-22\4-5-22-3r cyprus shore contract award and supplemental appropriation.docx 4-5-22 / 6J-4
PROJECT
LOCATION
City of San Clemente
910 Calle Negocfo, Suite 100
SlQl Clemente, CA 92673
Tel (949) 3�1-6100
Fax (949) 361-8316
Cyprus Shore Storm Drain and
Pump ·station Relocation
PN 12004 & 12209
4-5-22 / 6J-5
Attachment 2
SECTION 00500
CONTRACT
THIS CONTRACT is made this __ day of 2022, in the County of Orange, State of California, by and between the City of Sari Clemente hereinafter called City, and ____________ , hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to. complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:
CUPRUS SHORE PUMP STATION RELOCATION, PROJECT NO. 12209 The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor's ·failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 130 working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of :One Million, Nine Hundred Seventy Four Thousand, Nine Hundred Fifty Dollars ($1,974,950.00). Payment shall be made as set forth in the General Conditions.
At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents.
ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. Liquidated damages have been waived for this project.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the following:
Contract
Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor's Certificate Regarding Workers' Compensation Designation of Subcontractors
Information Required of Bidders
Noncollusion Declaration form
Iran Contracting Act Certification
1 SECTION 00500
CONTRACT
4-5-22 I 6J-6
SECTION 00500
CONTRACT
Public Works Contractor Registration Certification
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Plans and Drawings
Addenda
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at City of San Clemente Public Works Department or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.
IN WI_TNESS WHEREOF, this Contract has been duly executed by the abpve-named parties, on the day and year above written.
2 SECTION 00500
CONTRACT
4-5-22 I 6J-7
SECTION 00500
CONTRACT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.
ATTEST:
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
BEST BEST & KRIEGER
City Attorney
AP'.PROVED AS TO AVAILABILITY
OF FUNDING:
Finance Authorization
CITY OF SAN CLEMENTE
By: ____________ _
Its: ____________ __,
Dated: ________ , 20 __
("CONTRACTOR")
By: ____ -,--_______
Its: ------------
Dated: ______ _, 20 __
END OF CONTRACT
3 SECTION 00500
CONTRACT
4-5-22 I 6J-8
Attachment 3
FIRST AMENDMENT TO
PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR
Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004: and Cyprus Shore Pump Station Emergency Relocation, Project No.12209 This First Amendment to Professional Consultant Services Agreement for Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004: and Cyprus Shore Pump Station Emergency Relocation, Project No. 12209 (this "First Amendment") is made and entered into on this_. _day of __ _, 20_, by and between the CITY OF SAN CLEMENTE, a California municipal corporation ("City"), and AKM Consulting Engineers, Inc., an engineering consulting firm, with its principal place of business at 553 Wald, Irvine, CA 92618 ("Consultant") . . A. City and Consultant entered into that certain Professional Consultant Services Agreement for Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004; and Cyprus Shore Pump Station Emergency Relocation, Project No.-12209 (the "Agreement") on October 19, 2021.
B. City and Consultant desire to amend the Agreement in the manner provided herein.
COVE NA NTS:
Section 1: Section 3.3.1 of the Agreement is hereby amended by increasing the total compensation from Ninety Eight Thousand, and Four Hundred Sixty Four Dollars ($98,464) to One Hundred Seventy Five Thousand, and Six Hundred Twenty Two Dollars ($175,622) • and extends the agreement until January 31st, 2023. In addition to the services to be performed by Consultant as referenced in Exhibit A to the Agreement, Consultantshall also perform those services described in Exhibit "A" to this First Amendment, which exhibit is attached here�o and incorporated herein by this reference.
Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect
4-5-22 I 6J-9
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures.
ATTEST:
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM.:
• --·- "BESr-BEST &1<RIEGER ••
City Attorney
APPROVED AS TO AV AIL.ABILITY
.OF FUNDING:
Finance Authorization
CITY OF SAN CLEMENTE
By: ------------
Its: ------------
Dated: _______ _;, 20
("CONSULT ANT")
By: __________ _
Its: -----------
Dated: ______ _,20 __
4-5-22 I 6J-1 0
EXHIBIT "A"
(See Attached)
4-5-22 I 6J-11
AKM Consulting Engineers
553 Wald
Irvine, CA 92618
Telephone: 949.753.7333 Facsimile: 949.753.7320
www.akmce.com
March 21, 2022
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attention: Mr. David Rebensdorf, Utilities Director
Mr. Amir llkhanipour, Senior Civil Engineer
Water Resources
Infrastructure
Construction Management
Subject: Requ�,t for Additional Budget for Cyprus Shore Lift Station Emergency Relocation {Project No.12209) Additional Services and Topographic Surveying.
Dear Mr. Rebensdorf:
The original scope of work for this project was to develop contract documents consisting of design-build level of concept p_lans, which would require the construction contractor to develop further details and construct a temporary lift station with a pre-packaged motor control center. AKM completed this work.
The City then decided to evaluate the feasibility of constructing two (2) permanent lift stations, along with new influent sewers and forcemains. AKM geveloped concept plans with. alternatives for one lift statiQn =at the south end of Calle Ariana with its 4-inch f�rcemain along Ci:ille Anana, Calle M�rlena, Avenida de las Palmera, Calie Establo, and Avenida Vista del Oceana to the new second. lift station near the Cyprus Cove Club Hquse. • The seci:mdJift station wa� ,planned to �e constructed just west of the Cyprus Cove Club House with a 6-inqhforcemain in Avenida Vista. del Qce1;1no and Vista Azul, connE;iGfing to ttle existing 6-inch forcemain at Vista Blanca. AKM developed .implementation cost estimates for this alternative for review by the City. This work was not included in the originai scope of work.
Following review of these alternatives, the City decided to proceed with a more permanent lift station in Avenida de las Palmera, just west of Calle Ariana. This required the preparation of plans and specifications for a designbid-build project. AKM prepared 16 sheets of plans, technical specifications and front-end documents, and cost estimates for the project, which included constant speed pumps.
The plans and technical specifications were subsequently revised at City's request to change operation of the pumps with variable frequency drives. AKM revised the electrical plans and specifications to implement this change. This work was not included in the original scope of work.
During the preparation of the drainage plans, it became necessary to prepare a topographic map of the work area. AKM completed this work thorough a subconsultant. This work was not included in the original scope of work. This work has already been billed and paid for, which is removed from the request for additional budget 4-5-22 I 6J-12
for design and bidding services. We request a budget augmentation of $36, 426 for this effort, as detailed in the table below:
Item
1 2
3 4 --
5 6
·7
Additional Design and Bidding Services
Description
Two New Lift Stations Alternative
Design-Bid-Build Lift St�i0!l Oocuments
Revise Electrical Plans and Specs
Bidding Support Services
Topographi C Surveying (Billed)
Total Hours
Total Additional Work
Requested Additional Budget for Design and Bidding (6-5) Pro)ect
Director/
Rate
$232
8 18
8 4
2 .40
$9,280
Project Associate
Manager Engineer
/Rate /Rate
$225 $155
4 48
24 n 4
$16,200 $620
CAD Word
Operator Processing Total Subconsultant/
/Rate /Rate Hours Expenses Cost($)
$107 $76
12 $2,476
80 4 150 $23,1!40
18 50 $9;1sz
4 $9.2$
2 8,360 $8,824
98 4 218
$10,486 $304 8,360 $45,250
$36,426
With the changes in the project's method of implementation, we expect to perform additional engineering services during construction of the lift station and approximately 1200 feet of new forcemain. These will include additional shop drawing and submittal reviews, responses to requests for information, participation in start-up and testing of the lift station, and preparation of as-built record drawings, as detailed below. We request an additional budget of $40,732 for engineering se.rvices during construction. We will invoice these services on a time and materials basis.
Project Project Associate CAD Word
Director/ Manager Engineer Operator Processing Total Subconsultant/ Rate /Rate /Rate. /Rate
-
/Rate Hours El!penses Cost($)
Item Description $232 $225 $155 $107 $76
1 Revi.ew Shop r;>rawi ngs and Su.bmittllls 8 .16 60 8 92 $ts;�. 2 Respo.nd to RFls 4 8 8 20 .$3,$
3 Field Meetings 8 16 24 $250 $S;ili6
4 Stait:up and Testing 4 . 20 24 $250 j,�i,s.
5 Prepare As-Built Pl ans 4 8 64 76 $1,000 $10,0l.6
Total Ho1,1rs 28 60 76 64 8 236
6 Total Additional Work -Eng. Services During Construction 6,496 13,500 11,780 6,848 608 0 $1,500 $40,732 Our total additional budget request is$ 77,158. Should you have any questions or require additional information, please do not hesitate to contact the undersigned at {949) 753-7333.
Very truly yours,
AKM Consulting Engineers
jlt-r�
Zaki Kayiran, P.E.
Principal
AKM Proposal No. 22-1037 .1-2
4-5-22 I 6J-13