HomeMy WebLinkAboutAGENDA REPORT 2020 0701 CCSA REG ITEM 10GCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of July 1, 2020
ACTION Approved Staff Recommendation.
(ROLL CALL VOTE: UNANIMOUS)
BY B.Garza.
G. Consider Amendment No. 1 to Phoenix Civil Engineering, Inc. for Construction
Management Services for a Ten Percent (10.00%) Contingency in the amount of
$5,839.00 for the Metrolink South Parking Lot Entry Project. Staff
Recommendation: Authorize the City Manager to sign Amendment No. 1 to the
Agreement with Phoenix Civil Engineering, Inc. establishing a ten percent
(10.00%) contingency in the amount of $5,839.00 for a revised total Agreement
not-to-exceed amount of $64,224.00, subject to final language approval of the
City Manager. (ROLL CALL VOTE REQUIRE) (Staff: Shaun Kroes)
Item: 10.G.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Shaun Kroes, Program Manager
DATE: 07/01/2020 Regular Meeting
SUBJECT: Consider Amendment No. 1 to Phoenix Civil Engineering, Inc. for
Construction Management Services for a Ten Percent (10.00%)
Contingency in the amount of $5,839.00 for the Metrolink South
Parking Lot Entry Project
BACKGROUND AND DISCUSSION
On September 18, 2019, the City executed an Agreement with Phoenix Civil
Engineering, Inc. (Phoenix) for Bid Phase and Construction Management Services for
Metrolink South Parking Lot South Entry Project (MPK 19-02). The original Agreement
amount was for $58,385. As City Council is aware, construction of the project is
progressing. During construction there have been some activities that have required
additional service hours from Phoenix for construction management (for example,
additional requests for information and submittal reviews after the discovery of an
irrigation mainline that was uncovered during construction). While Phoenix has been
able to absorb some of these additional costs through travel time savings due to
COVID-19 (i.e., weekly meetings performed via phone instead of in person), staff
anticipates the possibility of Phoenix requiring some additional hours of service as the
project nears completion.
Staff is also proposing to add a 10% contingency to Phoenix’s Agreement in the amount
of $5,839.00; for a total not-to-exceed amount of $64,224.00. It should be noted that
this adjustment puts Phoenix’s contract amount above the $60,000 threshold where, per
Resolution No. 2019-3829 (Procurement of Personal, Professional, Consulting and
Other Contractual Services) an informal bidding process would have been required.
Exhibit A, Section 4.B (Waiver of Informal Bidding or Proposal/Qualification Process)
enables the City Manager to waive this requirement if, in consultation with the
applicable department head, it has been determined that the work, “…can be
competently and cost-effectively performed by a particular individual, firm or company,
based on the purchasing agents or department head’s personal or direct prior
experience in contracting with that individual, firm or company.” Phoenix has performed
work for the Public Works Department in the past for design services of the Metrolink
Item: 10.G.
142
Honorable City Council
07/01/2020 Regular Meeting
Page 2
North Parking Lot project. In addition, Phoenix has performed prior construction
management services for the Parks, Recreation and Community Services Department
on other past projects. During the Metrolink South Parking Lot project Phoenix staff has
performed competently and has worked to keep the project moving forward efficiently.
FISCAL IMPACT
The project cost breakdown is provided in Table 1 below.
Table 1: Project Expenditure Breakdown
TSM 2001-311-C0029-55300 Professional Services 108,258$
(47,936)$ RJR (Amendment No. 2)
(58,385)$ Phoenix
Balance 1,937$
TDA/FTA 2414-311-C0029-55200 Infrastructure 362,351$
(279,840)$ United - FTA Portion
(23,475)$ United - TDA 8c (local match)
(1,591)$ Misc (attorney & advertising)
(11,594)$ RJR (Amendment No. 3)
(5,839)$ Phoenix (Amendment No. 1)
Balance 40,012$
STA 2413-311-C0029-55200 Infrastructure 45,903$
(45,903)$ United - (Local Match)
Balance -$
TSM 2001-311-C0029-55200 Infrastructure 2,000$
(582)$ United - (Local Match)
Balance 1,418$
The increase of $5,839.00 will be funded with Transportation Development Act Article
8c Fund (2414) and will be absorbed by the Project’s current budget.
COUNCIL GOAL COMPLIANCE
This action in consistent with City Council Strategy 5, Goal 5, Objective 1 (5.5.1):
Complete the south Metrolink parking lot.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Authorize the City Manager to sign Amendment No. 1 to the Agreement with Phoenix
Civil Engineering, Inc. establishing a ten percent (10.00%) contingency in the amount of
$5,839.00 for a revised total Agreement not-to-exceed amount of $64,224.00, subject to
final language approval of the City Manager.
Attachment: Phoenix Civil Engineering, Inc. Amendment No. 1.
143
ATTACHMENT
AMENDMENT NO. 1
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND PHOENIX CIVIL ENGINEERING, INC. FOR BID
PHASE AND CONSTRUCTION MANAGEMENT SERVICES FOR THE METROLINK
SOUTH PARKING LOT SOUTH ENTRY PROJECT
This Amendment No. 1 to the Agreement between the City of Moorpark, a
municipal corporation (“City”), and Phoenix Civil Engineering, Inc., a corporation
(“Consultant”), for bid phase and construction management services (“Agreement”), is
made and entered into on this ___ day of ____________________, 2020.
RECITALS
WHEREAS, on September 18, 2019, the City and Consultant entered into an
Agreement to have the Consultant provide professional bid phase and construction
management services for the Metrolink south parking lot south entry project for a not-to-
exceed amount of fifty-eight thousand three hundred eighty-five dollars ($58,385.00);
and
WHEREAS, during construction of the project, Consultant and City determined it
was necessary to add a ten percent (10%) contingency in the amount of five thousand
eight hundred thirty-nine dollars ($5,839.00) to the Agreement should additional hours
of service be necessary during the construction process, for a total not-to-exceed
amount of sixty-four thousand two hundred twenty-four dollars ($64,224.00); and
WHEREAS, the City and Consultant now desire to amend the Agreement to
increase the compensation for services to be performed by Consultant from fifty-eight
thousand three hundred eighty-five dollars ($58,385.00) by a value of five thousand
eight hundred thirty-nine dollars ($5,839.00) for a total contract value of sixty-four
thousand two hundred twenty-four dollars ($64,224.00); and document said agreement
to amend by jointly approving Amendment No. 1 to the Agreement.
NOW, THEREFORE, it is mutually agreed by and between the parties to the
Agreement as follows:
I.Section 2, SCOPE OF SERVICES, is amended by replacing Paragraph 3 of
Section 2 in this section in its entirety as follows:
“Compensation for the services to be performed by Consultant shall
be in accordance with Exhibit C. Compensation shall not exceed the rates
or total contract value of sixty-four thousand two hundred twenty-four
dollars ($64,224.00), which includes a ten percent (10%) contingency in
the amount of five thousand eight hundred thirty-nine dollars ($5,839.00)
without a written Amendment to the Agreement executed by both parties.
Payment by City to Consultant shall be in accordance with the provisions
of this Agreement.”
II.Section 5, PAYMENT, is amended by replacing Paragraph 2 of Section 5 in its
entirety as follows:144
“The City agrees to pay Consultant monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in
Exhibit C, based upon actual time spent on the above tasks. This amount
shall not exceed a total contract value of sixty-four thousand two hundred
twenty-four dollars ($64,224.00), which includes a ten percent (10%)
contingency in the amount of five thousand eight hundred thirty-nine
dollars ($5,839.00) for the total term of the Agreement unless additional
payment is approved as provided in this Agreement.”
III. Remaining Provisions:
Except as revised by this Amendment No. 1, all of the provisions of the
Agreement shall remain in full force and effect.
In W itness W hereof, the parties hereto have caused this Amendment to be
executed the day and year first above written.
CITY OF MOORPARK PHOENIX CIVIL ENGINEERING, INC.
_______________________________ _______________________________
Troy Brown
City Manager
Jon Turner
Principal Engineer
Attest:
_______________________________
Ky Spangler
City Clerk
Amendment No. 1 to Agreement between City of Moorpark and Phoenix Civil Engineering, Inc. Page 2
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