12 - PDE Second Amendment Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Board of Directors From: Scott Carroll, General Manager Date: September 25 , 2014 Subject: Pacific Data Electric (PDE) Second Amendment to the Agreement Summary The District entered into an Agreement with Pacific Data Electric (PDE) to prepare designs for installing generators at the Canyon and Irvine Pump Stations. The Canyon Pump Station is complete, but work is ongoing at the Irvine Pump Station. The District requested additional services from PDE that required an amendment to the Agreement. Staff Recommendation That th e Board of Directors: 1. Approve the Second Amendment with PDE for $1,020; and 2. Authorize the General Manager to execute the Second Amendment and any other amendments thereafter where the total amount does not exceed $5,000. Analysis The District entered into an Agreement with Pacific Data Electric (PDE) to prepare designs for installing generators at the Canyon and Irvine Pump Stations in the amount of $38,867. Later, the District agreed to amend the agreement due to a change in the scope of work for an additional $3,887. The change in the scope of work included the preparation of renderings that showed the proposed location of the generator at Irvine Pump Station. Recently, District staff required PDE to perform additional work for the generator at Irvine Pump Station that include s designing a block wall for the generator. The total cost for this design is $1,020. ITEM NO. 12
Board of Directors September 25 , 2014 Page 2 of 3 According to the terms of the Agreement, the General Manager may approve additional work not to exceed the greater of $3,887 or ten percent of the total contract sum. Any additional work in excess of this cumulativ e amount must be approved by the Board. The Second Amendment of $1,020 will exceed the ten percent threshold, which is why this item is before you today. In addition, staff is requesting the Board approve appropriating $5,000 in case unforeseen and/or unexpected services are needed from PDE for this project. Approving the appropriation of $5,000 will give the General Manager the flexibility of approving additional work and avoid delaying the completion of this project. Strategic Element & Goal This item moves the District forward to meeting its mission of “Protecting our community’s health and the environment by providing solid waste and sewer collection services .” Legal Review Deputy District Counsel has reviewed and approved the Second Amendment . Environmental Review The consideration of a contract amendment is an administrative matter and exempt from CEQA while in the overall context the contract amendment will provide for additional design services for providing backup power to two pumping stations, which is considered minor alterations. The addition of generators to provide backup power is categorically exempt under the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15301 as a “Clas s 1” “minor alteration of existing public or private structures”, as further described in Section (b) as “Existing facilities of both investor and publicly -owned utilities used to provide .... sewerage ...” Financial Review There are suffi ci ent funds avail able in the Capital Improvement Budget for Project #196 -B for the Second Amendment expense of $5,000. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the September 25 , 2014 Board of Directors regular meeting at District Headquarters and on the District ’s website. Alternative Actions 1. Do not approve the Second Amendment and refer the matter back to staff.
Board of Directors September 25 , 2014 Page 3 of 3 Reviewed by: Wendy Davis Finance Manager Attachment A – PDE - Second Amendment to Agreement