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SR 04-09-2019 3B City Council Report City Council Meeting: April 9, 2019 Agenda Item: 3.B 1 of 4 To: Mayor and City Council From: Susan Cline, Director, Public Works, Civil Engineering Subject: Second Modification to Professional Services Agreement with Jensen Hughes, Inc. for Pier Below Deck Fire Sprinkler Replacement Project Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #10442 (CCS) in the amount of $151,470 with Jensen Hughes, Inc., a Maryland-based company, to provide construction administration services during construction of the Pier Below Deck Fire Sprinkler Replacement Project – Phase 1 for the Public Works Department. This will result in a four-year amended agreement with a new total amount not to exceed $283,470, with future year funding contingent on Council budget approval. Summary The City of Santa Monica is committed to ensuring a safe experience for members of the public who visit the Santa Monica Pier. On March 28, 2017, the City Council awarded an agreement with Jensen Hughes, Inc. to provide fire protection engineering services for the Pier Below Deck Fire Sprinkler Replacement Project. Design of the replacement fire sprinkler system is complete. Staff recommends a second modification to the agreement with Jensen Hughes, Inc. in the amount of $151,470 to include construction administration services for the Pier Below Deck Fire Sprinkler Replacement Project – Phase 1, for a new total amount not to exceed $283,470 . The additional services would include engineering support during the bidding, construction, testing, and commissioning phases of the project. Discussion The Santa Monica Pier (Pier) is composed of combustible wood decking on top of a combination of both combustible and noncombustible substructure elements. In 1996, the Pier sprinkler system was installed to protect the wood decking and substructure in the event of a significant fire. In 2015, staff worked with a fire protection consultant to 2 of 4 prepare a Pier fire protection assessment report, which identified system deficiencies. The assessment report contains recommendations for system improvements, addresses concerns regarding system functionality, and recommends replacing the existing fire sprinkler systems at the Pier. On March 28, 2017, the City Council authorized execution of an agreement with Jensen Hughes, Inc. to provide fire protection engineering services to design the Pier Below Deck Fire Sprinkler Replacement Project in an amount not to exceed $132,000 (including a 10% contingency). On May 1, 2018, a first modification to the agreement was executed by the City Manager to access $12,000 of available contingency for additional design services. The design was completed on July 12, 2018, and the construction bid was posted on September 12, 2018. On November 27, 2018, the City Council rejected the single bid received for the Pier Below Deck Fire Sprinkler Replacement Project – Phase 1, because the bid exceeded the approved budget. Council also directed staff to reissue a bid to obtain the best bidder. Staff is currently revising the bid package in an effort to obtain lower bids and anticipates reposting the bid this spring. Construction of the project will involve numerous technical submittals that will need to be reviewed and approved by the designer, Jensen Hughes, Inc., prior to being installed. Once installed, the system will require significant testing before being commissioned for use. As the designer of record, Jensen Hughes, Inc. would need to provide these services, and there is currently no available budget in their agreement to compensate them for these services. Staff recommends that Council modify the agreement with Jensen Hughes, Inc. to include construction administration services for the Pier Below Deck Fire Sprinkler Replacement Project – Phase 1. The additional services during the bidding, construction, and testing phases of the project would include responding to contractor requests for information, review of fire sprinkler shop drawing submittals, performing site visits to inspect the fire sprinkler system during construction, witnessing of final 3 of 4 acceptance testing, and review of contractor as-built plans (building plans). The agreement would be extended by two years, and the amount of the agreement would be increased by $151,470, with a new total amount not to exceed $283,470. The modification to the agreement is being requested to secure construction -phase services from the designer of record in anticipation of reissuing the bid and awarding a construction contract later this spring. Past Council Actions March 28, 2017 (Attachment A) Awarded RFP #2364 to Jensen Hughes, Inc. and authorized an agreement to provide fire protection engineering services for the Pier Below Deck Fire Sprinkler Replacement Project November 27, 2018 (Attachment B) Rejected the single bid for Bid #SP2364 for the Pier Below Deck Fire Sprinkler Replacement Project – Phase 1 and directed staff to reissue a bid to obtain the best bidder Financial Impacts and Budget Actions Staff seeks authority to increase the amount of the agreement with Jensen Hughes, Inc. to provide construction administration services for the Pier Below Deck Fire Sprinkler Replacement Project – Phase 1. Agreement Modification Request Agreement # Current Authorized Amount Modified Request Amount FY 2019-20 Budget CIP Account # Total Revised Contract Amount 10442 $132,000 151,470 C5306150.689000 $283,470 Future year funding is contingent on Council budget approval. Prepared By: Robert Zak, Civil Engineer Approved Forwarded to Council 4 of 4 Attachments: A. March 28, 2017 Staff Report (Web Link) B. November 27, 2018 Staff Report (Web Link) C. Jensen Hughes Oaks Initiative Disclosure Form (Attachment A) City of Santa Monica Oaks Initiative Disclosure Form All persons or entities receiving public benefits defined below from the City of Santa Monica shall provide the names of trustees, directors, partners and officers and names of those with more than a 10% equity, participation or revenue interest. This information is required by City Charter Article XXII—Taxpayer Protection. Name of Entity: ____________________________________________ NAME(S) OF PERSONS OR ENTITIES RECEIVING PUBLIC BENEFIT: NAME(S) OF TRUSTEES, DIRECTORS, PARTNERS, AND OFFICERS: NAME(S) OF THOSE WITH MORE THAN A 10% EQUITY, PARTICIPATION OR REVENUE INTEREST: Public benefits include: 1. Personal services contracts in excess of $25,000 over any 12-month period; 2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12-month period; 3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12-month period; 4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period; 5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000; 6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12-month period; or 7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12-month period. Prepared by: __________________________ Signature: ________________________ Date: __________________________ Title: ________________________ FOR CITY USE ONLY: Bid/PO/Contract # ___________________________ Permit # _____________________________________ (1/06) JENSEN HUGHES, Inc. JENSEN HUGHES, Inc. Paul Orzeske, CEO Derek White, Vice President Ryan Earle, Controller Not applicable. Vidar Landa 3/4/2019 Director REFERENCE: Modified Agreement No. 10442(CCS)