HomeMy WebLinkAboutAGENDA REPORT 2020 0715 CCSA REG ITEM 10FCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of July 15, 2020
ACTION Approved Staff Recommendation.
BY B.Garza.
F. Consider Amendment No. 4 to Phoenix Civil Engineering, Inc. for Design Plan
Completion and Construction Phase Services and Contingency in the Net
Increase of $92,155.65 for the Metrolink North Parking Lot Expansion Project.
Staff Recommendation: Waive City’s request for proposal Resolution 2019-3829
per Moorpark Municipal Code Section 3.04.120 and authorize the City Manager
to sign Amendment No. 4 to the Agreement with Phoenix Civil Engineering, Inc.
for Design Plan Completion and Construction Phase Services for a net
Agreement increase of $81,655.65 and establish a contingency in the amount of
$10,500.00 for a revised total Agreement not-to-exceed amount of $192,803.65,
subject to final language approval of the City Manager. (ROLL CALL VOTE
REQUIRED) (Staff: Shaun Kroes)
Item: 10.F.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Shaun Kroes, Program Manager
DATE: 07/15/2020 Regular Meeting
SUBJECT: Consider Amendment No. 4 to Phoenix Civil Engineering, Inc. for
Design Plan Completion and Construction Phase Services and
Contingency in the Net Increase of $92,155.65 for the Metrolink North
Parking Lot Expansion Project
BACKGROUND AND DISCUSSION
On February 16, 2016, the City executed an Agreement with Phoenix Civil Engineering,
Inc. (Phoenix) for design services of the Metrolink North Parking Lot Expansion Project
(CIP C0032) after it had provided a proposal to City staff. The original Agreement
amount was for $65,892, including a 10% contingency in the amount of $8,778 and
included work for both the North Parking Lot and the option for designing additional
parking lot improvements on the former Pacific Pride property, located east of the North
Parking Lot. The Agreement has been amended 3 times:
• Amendment 1: Added explanation when administrative fees would be
considered for reimbursement costs. Executed May 6, 2016. City Council
approval not required.
• Amendment 2: Added lighting design, electrical engineering services, and
landscape architectural services and increased the compensation from $65,892
by an additional $29,736, for a total contract value of $95,628. Approved by City
Council on July 20, 2016.
• Amendment 3: Added development of a Storm Water Pollution Prevention Plan
(SWPPP) and filing the SWPPP with the California State Water Resources
Control Board, and increased the compensation from $95,628 by an additional
$5,020 for a total contract value of $100,648. Approved by City Council on
February 1, 2017.
Although the design of the project has been near completion, construction of the project
has been delayed while the City worked on completing construction of the Metrolink
South Parking Lot South Entry Project (CIP C0029). This is to allow for easier access
into the Metrolink South Parking Lot for commuters while the North Parking Lot is closed
for construction. City staff has also been working with Metrolink to obtain the necessary
Item: 10.F.
237
Honorable City Council
07/15/2020 Regular Meeting
Page 2
encroachment permit ahead of selection of a contractor in order to help expedite
construction once the project begins. With completion of the south entry expected to
occur this summer, staff is moving forward with updating the North Parking Lot design,
finalizing bid documents, and establishing construction management services.
Phoenix has submitted a proposal (Exhibit F to the Attachment) for design plan
completion and bid and construction phase services. The scope of work includes
making final updates to the previous design (including adding a few additional parking
stalls by removing a second driveway); preparing the final bid set; providing bid phase
services; and construction management services.
Phoenix’s proposal is for $99,992; however, Phoenix has $18,336.35 from previously
approved services that were either completed with hours remaining or were tasks that
were not pursued. The $18,336.35 in previously approved expenditures will be applied
to Phoenix’s proposal of $99,992, reducing Phoenix’s proposed contract cost increase
to $81,655.65; with a total not-to-exceed amount of $182,303.65.
Staff is also proposing to add a contingency to Phoenix’s Agreement in the amount of
$10,500, roughly 10% of Phoenix’s remaining value of work to do ($105,012), for a total
not-to-exceed amount of $192,803.65. Phoenix’s original Agreement and prior 3
Amendments, which brought Phoenix’s total not-to-exceed amount of $100,648 would
require an informal request for proposals/qualification (RFP/RFQ) process; however,
they were approved prior to Resolution No. 2019-3829 (Procurement of Personal,
Professional, Consulting and Other Contractual Services), approved by City Council on
July 17, 2019. Amendment No. 4, including Phoenix’s proposal and the proposed
contingency would also require an informal RFP, per Resolution No. 2019-3829 and is
also very close to the $200,000 limit that would require a formal RFP per the City’s
Resolution.
Resolution No. 2019-3829 allows the City Manager to waive the informal RFP process
based on prior experience contracting with a firm. As the revised not-to-exceed amount
of $192,803.65 is close to the $200,000 limit for a formal RFP, which Resolution No.
2019-3829 does not have a waiver option, staff is requesting that City Council approve
awarding Amendment No. 4 without a formal RFP process, per Moorpark Municipal
Code Section 3.04.120 based on the following factors: Phoenix has performed bid
phase and construction management services for the Public Works Department in the
past for the Metrolink South Parking Lot South Entry and other construction
management services for the Parks, Recreation and Community Services Department
on other past projects. During the Metrolink South Parking Lot project Phoenix staff has
performed competently and has worked to keep the project moving forward efficiently.
Continuing to use Phoenix for the Metrolink North Parking Lot project also enables the
project to move forward quickly.
238
Honorable City Council
07/15/2020 Regular Meeting
Page 3
FISCAL IMPACT
The project cost breakdown is provided in Table 1 below.
Table 1: Project Expenditure Breakdown for FY 2020/21 Expenditures*
Fund Expense Line
Expense Line
Description
Current
FY 20/21 Contractor
TSM 2001-430-C0032-55300 Professional Services 13,556$
(13,556)$ Phoenix (Amendment No. 4)
Balance -$
Prop 1B 2434-430-C0032-55200 Infrastructure 995,914$
Balance 995,914$
Prop 1B 2434-430-C0032-55300 Professional Services 134,781$
(5,020)$ Phoenix (Amendment 3)
(96,936)$ Phoenix (Amendment No. 4)
Balance 32,825$
STA 2413-430-C0032-55200 Infrastructure 25,231$
Balance 25,231$
SGR 2417-430-C0032-55200 Infrastructure 7,325$
Balance 7,325$
Total Balance 1,061,295$
*$77,291.65 expended for Phoenix in prior fiscal years, not reflected in spreadsheet above.
To summarize; Amendment No. 4 includes Phoenix’s proposal for final updates to the
previous design (including adding a few additional parking stalls by removing a second
driveway); preparing the final bid set; providing bid phase services; and construction
management services in the amount of $99,992 and a contingency in the amount of
$10,500, for a total of $110,492. The prior balance of $18,336.35 in prior savings will be
applied to Amendment NO. 4, with an overall net increase in contract cost of
$92,155.65. The net increase of $92,155.65 will be funded with Prop 1B-Local Streets
& Roads Fund (2434) and will be absorbed by the Project’s current budget. Phoenix’s
total not-to-exceed Agreement amount will increase from $110,648 to $192,803.65.
COUNCIL GOAL COMPLIANCE
This action is consistent with City Council Strategy 5, Goal 5, Objective 1 (5.5.1):
Renovate the existing north Metrolink parking lot and expand the parking lot to the west.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Waive City’s request for proposal Resolution 2019-3829 per Moorpark Municipal Code
Section 3.04.120 and authorize the City Manager to sign Amendment No. 4 to the
Agreement with Phoenix Civil Engineering, Inc. for Design Plan Completion and
Construction Phase Services for a net Agreement increase of $81,655.65 and establish
239
Honorable City Council
07/15/2020 Regular Meeting
Page 4
a contingency in the amount of $10,500.00 for a revised total Agreement not-to-exceed
amount of $192,803.65, subject to final language approval of the City Manager.
Attachment: Phoenix Civil Engineering, Inc. Amendment No. 4.
240
ATTACHMENT
AMENDMENT NO. 4
TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND PHOENIX CIVIL
ENGINEERING, INC. FOR METROLINK STATION NORTH PARKING LOT
EXPANSION DESIGN
This Amendment No. 4 to the Agreement between the City of Moorpark, a
municipal corporation (“City”), and Phoenix Civil Engineering, Inc., a corporation
(“Consultant”), for engineering design services (“Agreement”), is made and entered into
the ___ day of ____________________, 2020.
RECITALS
WHEREAS, on February 16, 2016, the City and Consultant entered into an
Agreement to have the Consultant provide engineering design services in the amount of
fifty-nine thousand nine hundred two dollars ($59,902.00) plus a ten percent (10%)
contingency in the amount of five thousand nine hundred ninety dollars ($5,990.00) for a
total amount of sixty-five thousand eight hundred ninety-two dollars ($65,892.00); and
WHEREAS, on May 6, 2016, the City and Consultant executed Amendment No.
1, specifying when administrative fees would be considered for reimbursement costs;
and
WHEREAS, on August 4, 2016, the City and Consultant executed Amendment
No. 2, adding Exhibit D to the Agreement for lighting design and electrical engineering
services as well as landscape architectural services and increasing the compensation
from sixty-five thousand eight hundred ninety-two dollars ($65,892.00) by a value of
twenty-nine thousand seven hundred thirty-six dollars ($29,736.00), for a total contract
value of ninety-five thousand six hundred twenty-eight dollars ($95,628.00); and
WHEREAS, on February 21, 2017, the City and Consultant executed
Amendment No. 3, adding Exhibit E to the Agreement to task Consultant with preparing
a Storm Water Pollution Prevention Plan (SWPPP) and filing the SWPPP with the
California State Water Resources Control Board and increasing the compensation from
ninety-five thousand six hundred twenty-eight dollars ($95,628.00) by a value of five
thousand twenty dollars ($5,020.00), for a total contract value of one hundred thousand
six hundred forty-eight dollars ($100,648.00); and
WHEREAS, Consultant currently has a remaining balance of twenty-three
thousand three hundred fifty-six dollars and thirty-five cents ($23,356.35), which
includes the five thousand twenty dollars ($5,020.00) for the SWPPP work; and
WHEREAS, City has requested that Consultant assume additional tasks,
including preparation of an issued bid set for contract documents, bid phase services,
and construction management services; and
241
WHEREAS, Consultant has provided a Proposal dated July 1, 2020, which is
attached hereto as Exhibit F, in the net increase amount of eighty-one thousand six
hundred fifty-five dollars and sixty-five cents ($81,655.65) for a total not-to-exceed
amount of one hundred eighty-two thousand three hundred three dollars and sixty-five
cents ($182,303.65); and
WHEREAS, City and Consultant also desire to add a contingency in the amount
of ten thousand five hundred dollars ($10,500.00), for a revised total not-to-exceed
amount of one hundred ninety-two thousand eight hundred three dollars and sixty-five
cents ($192,803.65); and
WHEREAS, the City and Consultant now desire to amend the Agreement to
increase the compensation for services to be performed by Consultant from one
hundred thousand six hundred forty-eight dollars ($100,648.00) by a value of ninety-two
thousand one hundred fifty-five dollars and sixty-five cents ($92,155.65), for a total
contract value of one hundred ninety-two thousand eight hundred three dollars and
sixty-five cents ($192,803.65), and document said agreement to amend by jointly
approving Amendment No. 4 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 this section in its
entirety as follows:
“City does hereby retain Consultant, as an independent contractor,
in a contractual capacity to provide professional engineering services, as
set forth in Exhibit C, Exhibit D, Exhibit E and Exhibit F. In the event there
is a conflict between the provisions of Exhibit C, Exhibit D, Exhibit E and
Exhibit F and this Agreement, the language contained in this Agreement
shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit
C, Exhibit D, Exhibit E and Exhibit F. Consultant shall complete the tasks
according to the schedule of performance which is also set forth in Exhibit
C, Exhibit D, Exhibit E and Exhibit F.
Compensation for the services to be performed by Consultant shall
be in accordance with Exhibit C, Exhibit D, Exhibit E and Exhibit F.
Compensation shall not exceed the rates or total contract value of one
hundred eighty-two thousand three hundred three dollars and sixty-five
cents ($182,303.65), plus a contingency in the amount of ten thousand
five hundred dollars ($10,500.00) for a total contract value of one hundred
ninety-two thousand eight hundred three dollars and sixty-five cents
($192,803.65) 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.”
Amendment No. 4 to Agreement between City of Moorpark and Phoenix Civil Engineering, Inc.
Page 2
242
II. Section 5, PAYMENT, is amended by replacing this section in its entirety as
follows:
“Taxpayer ID or Social Security numbers must be provided by
Consultant on an IRS W-9 form before payments may be made by City to
Consultant.
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, Exhibit D, Exhibit E and Exhibit F, based upon actual time spent
on the above tasks. This amount shall not exceed a total contract value of
one hundred eighty-two thousand three hundred three dollars and sixty-
five cents ($182,303.65), plus a contingency in the amount of ten
thousand five hundred dollars ($10,500.00) for a total contract value of
one hundred ninety-two thousand eight hundred three dollars and sixty-
five cents ($192,803.65) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement, which are in addition to
those set forth herein, unless such additional services and compensation
are authorized, in advance, in a written amendment to this Agreement
executed by both parties.
Consultant shall submit invoices monthly for actual services
performed. Invoices shall be submitted on or about the first business day
of each month, or as soon thereafter as practical, for services provided in
the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non-disputed fees. Any expense or
reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager or
the City Manager’s designee. Except as otherwise provided,
reimbursements shall be billed at cost. Mileage shall be billed at the
current Internal Revenue Service approved mileage reimbursement rate.
Subconsultant costs may include an administrative fee of no more than
ten percent (10%). If the City disputes any of Consultant’s fees or
expenses, City shall give written notice to Consultant within thirty (30)
days of receipt of any disputed fees set forth on the invoice.”
III. Remaining Provisions:
Except as revised by this Amendment No. 4 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.
Amendment No. 4 to Agreement between City of Moorpark and Phoenix Civil Engineering, Inc.
Page 3
243
CITY OF MOORPARK PHOENIX CIVIL ENGINEERING, INC.
_______________________________ _______________________________
Troy Brown
City Manager
Jon Turner
President
Attest:
_______________________________
Ky Spangler, City Clerk
Amendment No. 4 to Agreement between City of Moorpark and Phoenix Civil Engineering, Inc.
Page 4
244
Mr. Shaun Kroes June 3, 2020
City of Moorpark July 1, 2020 Revised
799 Moorpark Ave.
Moorpark, CA 93021
City of Moorpark – Metrolink Station Parking Lot Expansion Design–Fee Amendment Proposal
for Design Plan Completion, Bid and Construction Phase Services
Dear Shaun-
Per our discussion, attached is the fee amendment proposal covering completing the design plans into an
Issued for Bid set of Contract Documents. Recent modifications were made to the driveway layout,
additional of parking stalls, data conduits for future camera connectivity. The proposal also covers bid
and construction phase services. I have included the original design subconsultants in this proposal.
Based on our conversations and continuing the numbering from the original proposal, I have prepared my
proposal to include the following:
Phase 2: Design
Task 211: Preparation of an Issued for Bid Set of Contract Documents
Phase 3: Bid and Construction Phase Services
Task 301: Bid Phase Services
Task 302: Construction Phase Services
I appreciate the opportunity to continue to assist you with this project. As we discussed, it is assumed that
this project will utilize unexpended funding from the previously approved contract and those funds will
be reallocated to the new tasks.
Please let me know if you have any questions or would like to discuss my proposal.
Sincerely,
______________________________
Jon Turner, PE
Principal Engineer
EXHIBIT F
245
June 3, 2020
July 1, 2020 Revised
Page 1 of 2
Scope of Services
Background/Project Understanding
The City of Moorpark is investigating the possibility of improving the existing north parking lot areas
serving the Metrolink station. The City has obtained grant funding for the project. At this time, the plans
have almost been completed. The City provided additional comments on the design that they would like
incorporated into an Issued for Bid set of Contract Documents. Additionally, the City has requested bid
and construction phase services to be included in the fee amendment proposal. Based on our
conversations, I have prepared my fee amendment proposal to include the following:
Phase 2: Design
Task 211: Preparation of an Issued for Bid Set of Contract Documents
This task involves incorporation of review comments from the City. An Issued for Bid set of project plans,
technical specifications and Opinion of Probable Construction Cost (OPCC) will be completed.
The following efforts are included in this task:
• Incorporation of City review comments.
• Finalization of any outstanding project items/issues.
Deliverable: Final project documents (plans and technical specifications) will be delivered to the City. Final
project plans will consist of one set of reproducible 22 x 34 bond plans and one set of 8.5 x 11 reproducible
technical specifications. The OPCC will be transmitted electronically. In addition, one electronic copy of all
of the documents will be provided on a CD.
Phase 3: Bid and Construction Phase Services
Task 301: Bid Phase Services
This task will provide bid phase services to the City once the Contract Documents from Task 211 are
approved. Bid phase services include reviewing and responding to requests for information, attendance and
conducting a prebid meeting/site visits on behalf of the City, reviewing construction bids and providing a
recommendation of award to the City.
Deliverable: Requests for information responses and the recommendation of award letter will be provided to
the City for their files as well as one electronic copy of the files (MSWord and .pdf).
Task 302: Construction Phase Services
The construction phase services include review of the project shop drawings. It is estimated that 20
project shop drawing submittals will be provided by the Contractor. For purposes of this proposal it is
assumed that one initial review and one subsequent review will be conducted by our team for approval.
Preparation for and attendance at all onsite meetings and preparation of Requests for Information is also
included.
The following efforts are included in this task:
• Attendance at the project construction kick off meeting with the contractor and City staff. The
meeting will be held at the City offices and/or the proposed construction site. Meeting summary and
meeting agenda will be by the Construction Manager. Up to 15 site visits will be performed.
• Review the project shop drawing submittals. It is anticipated that 20 submittals will be reviewed. In
preparing this proposal, it was estimated that two reviews of the submittals will be conducted for
approval. Respond to contractor’s requests for information (RFIs) as submitted by the Construction
246
June 3, 2020
July 1, 2020 Revised
Page 2 of 2
Manager. It is anticipated that up to 13 requests for information responses will be prepared during the
construction phase. The responses will be prepared by Phoenix Civil Engineering and distributed to
the Contractor.
• Project management tasks include meeting preparation and meeting summary document generation,
direct contractor interface, construction observation of all the improvements, preparation, review and
execution of any project change orders, review of progress pay requests, coordination with outside
utilities and City staff.
Deliverable: One electronic copy of all preliminary and final shop drawings that have been reviewed for
conformance will be provided to the contractor as well as formal RFI responses up to ten.
Schedule
The work associated with Tasks 211, 301 and 302 will be made a top priority. Every effort will be made to
keep the project schedule moving along.
Fees
Work associated with Tasks 211, 301 and 302 is estimated to cost $99,992. A breakdown of the level of effort
is listed below:
Task 211: Preparation of an Issued for Bid Set of Contract Documents $17,937
Task 301: Bid Phase Services $8,825
Task 302: Construction Phase Services $73,230
Subtotal: $99,992
Current Contract Value (includes contingencies): $100,648
Contract Unspent Value (includes contingencies): $23,356.35
Revised Contract Value (includes contingencies): $182,303.65
Assumptions
The following assumptions apply to this proposal:
• All Public agency or project permit fees to be paid by client.
• Additional large format printing costs (beyond what included in this proposal) will be billed at cost in
addition to the contract amount.
• No structural engineering is included. This can be negotiated if the design plans add structures
requiring this work.
• City plan set title block and cover sheet example will be provided in AutoCAD.
• Plan sheet size is 22 x 34.
247
Phoenix Civil Engineering, Inc. 535 E. Main St, Santa Paula, CA 93060 805.658.6800
Professional Services Hourly Rate Sheet 2019-20
Engineering
Principal Engineer $165
Resident Engineer $150
Professional Engineer $150
Associate Engineer II $140
Associate Engineer I $130
Assistant Engineer $105
CADD
Senior Designer $120
Assistant Designer $100
General
Construction Manager $145
Construction Observer $105
Technical Assistant $85
Clerical/Administrative Assistant $55
Costs associated with printing and computer time are calculated in the
rates. Large quantities of printing (multiple sets of specifications, reports,
etc.) will be billed at the actual rate without markup. Subconsultants will
be marked up by 10%.
248