ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C5
Prepared by:
Jon Nottage, Stormwater Program Manager
Erin Adams, Management Analyst Meeting Date: May 10, 2022 Approved by:
Greg Mayer, City Engineer
Patrick Johnson, City Manager Agenda Location: Consent Calendar SUBJECT: FIRST AMENDMENT TO CONTRACT FOR AS-NEEDED PROPERTY INSPECTIONS;
STORMWATER AND FATS, OIL AND GREASE
RECOMMENDATION:
1. Adopt City Council Resolution No. 2022- , approving the first amendment to the contract with Mikhail Ogawa Engineering, Inc. for as-needed property inspections; stormwater and fats, oil and grease (FOG).
2.Adopt Buena Sanitation District Resolution No. 2022- , approving the first amendment to the contract with Mikhail Ogawa Engineering, Inc. for as-needed property inspections; stormwater and fats, oil and grease (FOG).
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: On June 8, 2021, adopted City Council Resolution No. 2021-89, and Buena Sanitation District Resolution No. 2021-10, approving the Fiscal Years 2021/22 and 2022/23 Operating Budget (Vote: 5-0).
On May 28, 2019, adopted City Council Resolution No. 2019-66, and Buena Sanitation District Resolution No. 2019-6, approving a contract with Mikhail Ogawa Engineering, Inc. for as-needed property inspection services for stormwater and fats, oil and grease (FOG) (Vote: 5-0).
STATEMENT ON THE SUBJECT: On May 28, 2019, the City Council approved an as-needed contract with Mikhail Ogawa Engineering, Inc. (MOE) for as-needed property inspections for stormwater and fats, oil and grease (FOG). The contract was approved with a $300,000 compensation ceiling and is set to expire on May 28, 2022, with the option to extend for an additional 24 months.
The contract was executed due to the need for inspection support in an effective and time efficient manner.
Since the approval of the original contract, MOE has continued to provide expert inspection support services. Their staff have technical knowledge of inspection requirements and provide data entry of inspection results into the City’s software (Cityworks). This provides staff with real time awareness of inspection progression and status.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
05/10/2022 C5 1 of 68
Approved above recommendation, adopted the following: 1) City Council Resolution No. 2022-66; and 2) Buena Sanitation District Resolution No. 2022-11. Vote: 4-0 (Ritter absent)
MEETING DATE: May 10, 2022 PAGE 2
SUBJECT: FIRST AMENDMENT TO CONTRACT FOR AS-NEEDED PROPERTY INSPECTIONS;
STORMWATER AND FATS, OIL AND GREASE
Staff recommends that City Council approve an amendment to extend the contract with MOE for as- needed property inspection services to enable fulfilment of inspection requirements of the municipal stormwater permit and wastewater discharge permit. The approval of the first amendment will increase the contract ceiling by $200,000, for a new contract ceiling of $500,000, and extend the term of the contract to May 28, 2024.
FISCAL IMPACT: The amendment increases the contract ceiling by $200,000. Funding for as-needed property inspection services is identified in the Fiscal Year 2021/22 and 2022/23 Operating Budget in the Stormwater Engineering Professional Services Account (No. 5010377.521000.00211), Sewer Engineering Professional Services Account (No. 5010376.521000.FOG) and the Buena Sanitation District Engineering Professional Services Account (No. 5040385.521000.FOG). Future operating budgets will include funding necessary for implementation of the contracts.
EXHIBITS:
1.City Council Resolution 2022- , approving the first amendment to the contract with Mikhail Ogawa Engineering, Inc. for as-needed property inspections; stormwater and fats, oil and grease (FOG)
2.Buena Sanitation District Resolution 2022- , approving the first amendment to the contract with Mikhail Ogawa Engineering, Inc. for as-needed property inspections; stormwater and fats, oil and grease (FOG)
3.First Amendment to contract with Mikhail Ogawa Engineering, Inc.
4.Original contract with Mikhail Ogawa Engineering, Inc. 05/10/2022 C5 2 of 68
00107131 2
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE CONTRACT WITH MIKHAIL OGAWA ENGINEERING, INC. FOR AS-NEEDED PROPERTY INSPECTIONS; STORMWATER AND FATS, OIL AND GREASE (FOG)
The City Council of the City of Vista does resolve as follows:
1.Findings. The City Council hereby finds and declares the following:
A.On May 28, 2019, the City of Vista entered into a contract with Mikhail Ogawa Engineering, Inc. for as-needed property inspections for stormwater and fats, oil and grease (FOG).
B.The City desires to amend the contract with Mikhail Ogawa Engineering, Inc. to increase the contract by $200,000 for a new contract ceiling of $500,000 and extend the term of the contract to May 28, 2024.
2.Action.
A.The First Amendment to the contract between the City of Vista and Mikhail Ogawa Engineering, Inc. for as-needed property inspections; stormwater and fats, oil and grease (FOG) is approved, and the Mayor is authorized to execute the amendment.
3.Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on May 10, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
DAROLD PIEPER, CITY ATTORNEY
By:
APPROVED
Darold Pieper
20220426105434
JUDY RITTER, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
05/10/2022 C5 3 of 68EXHIBIT 1
00107133 2
RESOLUTION NO. 2022-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
BUENA SANITATION DISTRICT, APPROVING THE FIRST AMENDMENT TO THE CONTRACT WITH MIKHAIL OGAWA ENGINEERING, INC. FOR AS- NEEDED PROPERTY INSPECTIONS; STORMWATER AND FATS, OIL AND
GREASE (FOG)
The Board of Directors of the Buena Sanitation District does resolve as follows:
1.Findings. The Board of Directors hereby finds and declares the following:
A.On May 28, 2019, the Buena Sanitation District entered into a contract with Mikhail Ogawa Engineering, Inc. for as-needed property inspections for stormwater and fats, oils and grease (FOG).
B.The District desires to amend the contract with Mikhail Ogawa Engineering, Inc. to increase the contract by $200,000 for a new contract ceiling of $500,000 and extend the term of the contract to May 28, 2024.
2.Action.
A.The First Amendment to the contract between the Buena Sanitation District and Mikhail Ogawa Engineering, Inc. for as-needed property inspections; stormwater and fats, oil and grease (FOG) is approved, and the Chairperson is authorized to execute the amendment
3.Adoption. PASSED AND ADOPTED at a meeting of the Board of Directors of the Buena Sanitation District held on May 10, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
DAROLD PIEPER, DISTRICT COUNSEL
By:
APPROVED
Darold Pieper
20220426105603
JUDY RITTER, CHAIRPERSON
ATTEST:
KATHY VALDEZ, CLERK OF THE BOARD
By:
05/10/2022 C5 4 of 68
EXHIBIT 2
00106669 3
FIRST AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF VISTA, BUENA SANITATION DISTRICT AND MIKHAIL OGAWA ENGINEERING, INC.
FOR PROFESSIONAL SERVICES AS-NEEDED PROPERTY INSPECTIONS;
STORMWATER AND FATS, OIL, AND GREASE (FOG)
THIS FIRST AMENDMENT (“First Amendment”) to the Contract between the City of Vista, the Buena Sanitation District, and Mikhail Ogawa Engineering, Inc., dated May 28, 2019 (“Contract”), is made and entered into as of _______________________ (“First Amendment Date”), by and between the City of Vista, a chartered municipal corporation (“City”), Buena Sanitation District, a County Sanitation District (“District”) and Mikhail Ogawa Engineering, Inc., a California corporation (“Contractor”).
Recitals: City, District, and Contractor now desire to enter into a First Amendment to the Contract by modifying the terms of the Contract.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City, District, and Contractor agree as follows:
1.Section 2.6 is amended increase the contract ceiling by $200,000 to a new total contract ceiling of $500,000, to compensate Contractor for additional services within the original scope of services.
2.Exhibit B to the Contract is amended to update the hourly rates shown on Exhibit A.
3.Section 3 of the Contract is amended to extend the term of the Contract to May 28, 2024.
[Continued on page 2.]
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EXHIBIT 3
Mikhail Ogawa Engineering, Inc.
Contract Amendment
00106669 3
4.All other conditions of the Contract shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed and entered into this First Amendment as of the First Amendment Date.
CITY OF VISTA, a chartered municipal
corporation
By:
JUDY RITTER, MAYOR
BUENA SANITATION DISTRICT, a County
Sanitation District
By:
JUDY RITTER, CHAIRPERSON
ATTEST:
KATHY VALDEZ, CITY CLERK/CLERK OF THE
BOARD
By:
APPROVED AS TO FORM:
DAROLD PIEPER, CITY ATTORNEY/DISTRICT
COUNSEL
By:
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
By:
APPROVED
Darold Pieper
20220413080918
MIKHAIL OGAWA ENGINEERING, INC., a
California corporation
By:
NAME/Title
By:
NAME/Title
05/10/2022 C5 6 of 68
MOE City of Vista Rates
As-Needed Property Inspections: Stormwater and Fats, Oil, and Grease (FOG) This rate schedule is not subject to annual and/or periodic revisions for the term of the amendment: May 28, 2022 to May 28, 2024.
Principal Engineer .......... $165.00
Mikhail Ogawa
Principal Scientist ........... $163.00
Kelly Ogawa
Senior Engineer .............. $158.00
N/A
Senior Scientist ............... $155.00
Jeff Warner
Associate Engineer ......... $145.00
Genel Abordo
Associate Scientist ......... $145.00
Nehemiah Martinez
Jason DuMond
Assistant Engineer ......... $138.00
Carlee Hasenin Rohr
Assistant Scientist .......... $138.00
Zach Rowland
REIMBURSABLE COSTS
Subcontractors:
Actual expense plus 7%
Other Direct Costs:
Actual expense plus 7%
EXHIBIT A
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