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Home My WebLink About25G - AGMT - AMND DELHI CHANNELREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2017 TITLE: APPROVE AN AMENDMENT TO AGREEMENT WITH AECOM TECHNOLOGY CORPORATION FOR THE SANTA ANA DELHI CHANNEL DIVERSION PROJECT (PROJECT NO. 16-6467) (STRATEGIC PLAN NO. 5,2) Cin MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to amend the agreement with AECOM Technology Corporation to provide engineering services for the Delhi Channel Diversion project by extending the term through December 16, 2019, and increasing the compensation by an amount not to exceed $278,321, for a total agreement amount not to exceed $750,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Delhi Diversion (Delhi) project is a multi -jurisdiction collaboration to establish a diversion facility to mitigate current and future Total Maximum Daily Loads (TMDLs) into the Newport Bay. Pollutants are regulated by the State Water Quality Control Board using TMDLs to measure metals, bacteria, toxics, trash, and nutrients. The facility will be located in the downstream portion of the Santa Ana Delhi Channel near the intersection of Mesa Drive and Irvine Avenue adjacent to the Newport Beach Golf Course (Exhibit 1). The proposed project would remove all pollutant loads transported by non-stormwater discharges in the Delhi and Santa Ana Gardens channels. The diversion would remove solids and trash, and then it will divert the flow to the sanitary sewer system for further treatment. As an alternative, the flow may be diverted to the adjacent golf course reservoir for irrigation or redirected into the channel. The project is under construction. On December 16, 2014, the City entered into a two-year agreement with URS Corporation, to provide design, environmental work, permitting, and construction support for an amount not to exceed $471,679. URS Corporation was subsequently acquired by AECOM Technology Corporation. The original agreement was extended for an additional two-year period, through December 16, 2018, by letter extension as permitted by the terms of the agreement. However, the total compensation amount remained unchanged and is nearly expended. 25G-1 Agreement with AECOM Technology Corporation for Santa Ana Delhi Diversion Project September 19, 2017 Page 2 AECOM is currently providing construction support for the Delhi project. Permits from several regulatory agencies, such as U.S. Army Corps of Engineers, California Department of Fish and Game, and Orange County Flood Control District, are required for the project. Due to the permit provisions, the complexity of the work, and the need for continuity of construction support to complete the project, staff is requesting that the AECOM agreement be amended to extend the term for an additional year, through December 16, 2019, and increase the total compensation by $278,321, for a total agreement amount not to exceed $750,000. STRATEGIC PLAN Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $278,321 for the agreement amendment are available in the Federal Clean Water Protection Enterprise account (No. 05717640-62300) for estimated expenditure as follows: FISCAL YEAR AMOUNT 2017/18 $250,321.00 2018/19 $28,000.00 TOTAL: $278,321.00 APPROVED AS TO FUNDS AND ACCOUNTS: f q, - Fred Mousavipour Francisco Gutierrez ,o Executive Director Executive Director Public Works Agency Finance & Management. Services Agency FM/EWG/TC Exhibits: 1. Location Map 2. Amendment to Agreement 25G-2 PAULARINO Av Proposed Pipeline/Sewer =� Connection O R BAKER ST C - z: R MAR?NO CHANNEL {F03) aaaunuuanmaaa.aaua... JIM ` ��.`{� �; •.•••4,y� P %hn 4 O •�5 0 500 1,000 / Feet O�0 •/ 4� O ARLINGTON DR yS� �• •�� '!xy %' ��`•% ; sjQ JOHN • l / SANTAANA?t 0�. rs A RAPORT c� I COUNTRY CLUB �i�� 'PA / `•` �.l ti?)).:fYld:?33!!x'#'+'('��/� � : ;<:'. i. QQ' C'. • e',�i,'.;J,%'7 i'.'r a.`P; 'rlPrigp: � Jr9 PROPOSED Legend •� DIVERSION PJ EVEN Proposed Diversion Pipeline •� STRUCTURE MEN ExistingSeweriine auaaa OCFCD Drainage Facilitles•,• `-�`B: CO •— City Boundaries .r Location Map EXHIBIT 1 SANTA ANA City Council Amendment to Agreement with AECOM PWuA Agenda Date Technology Corporation for the Santa PUBLIC- September 19 2017 Ana Delhi Channel Diversion Project 25G-3 25G-4 EXHIBIT 2 FIRST AMENDMENT TO AGREEMENT TO PROVIDE ENGINEERING SERVICES FOR THE DELHI CHANNEL DIVERSION PROJECT THIS FIRST AMENDMENT to the above -referenced agreement is entered into on September 19, 2017, by and between AECOM Technology Corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement #A-2014-357, dated December 16, 2014 ("Agreement"), by which Consultant agreed to provide civil, hydraulic, geotechnical, structural, electrical engineering, environmental and surveying services for the Delhi Channel Diversion Project. The original parties to the Agreement were URS Corporation and the City, though URS Corporation was subsequently acquired by Consultant. B. The original term of the Agreement was from December 16, 2014 through December 16, 2016, and was extended for an additional two-year period through December 16, 2018 by letter extension #A-2014-357-1, as permitted by the terms of the Agreement. C. Due to the overall complexity of the project, which includes multi jurisdictional collaboration to divert and remove pollutants from storm water, the parties wish to amend the Agreement to include additional funds for the required engineering services to be provided by Consultant and extend the term of the Agreement for an additional year. The Parties therefore agree: 1. Term, is amended to extend the term of the Agreement through December 161-2019. 2. Section 3, Compensation, is amended to include an additional $278,321 for services to be performed by Consultant during the remaining term of the Agreement so that the total sum to be expended under the Agreement shall not exceed $750,000. The amount is comprised of 1) $471,679 provided in the rates and costs detailed in the Table 1 -Budget Proposal attached to the original Agreement, and incorporated by reference into this Amendment; and 2) $278,321 for services to be performed by the Consultant during the remaining term of the Agreement. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. Page I of 2 25G-5 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 1b/D/W l N' F.'t JGMN M. FUNK Assistant City Attorney FOR APPROVAL FRED MOUSIVAPOUR Executive Director, Public Works Agency CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager CONSULTANT Name: Title: Page 2 of 2 25G-6