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HomeMy WebLinkAboutAGENDA REPORT 2020 1021 CCSA REG ITEM 10NCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of October 21, 2020 ACTION Approved Staff Recommendation. BY B.Garza. N. Consider Amendment No. 2 to Phoenix Civil Engineering, Inc. for Construction Management Services for an Increase in the Amount of $4,400.00; and Consider Amendment No. 5 to RJR Engineering & Consulting, Inc. for Additional Design Services for an Increase in the Amount of $1,600.00 for the Metrolink South Parking Lot South Entry Project. Staff Recommendation: 1) Authorize the City Manager to sign Amendment No. 2 to the Agreement with Phoenix Civil Engineering, Inc. for additional construction management services in the amount of $4,000.00 and increase the ten percent (10.00%) contingency in the amount of $400.00 for a revised total Agreement not-to-exceed amount of $68,624.00, subject to final language approval of the City Manager; and 2) Authorize the City Manager to sign Amendment No. 2 to the Agreement with RJR Engineering & Consulting, Inc. in the amount of $1,600.00 for a revised total Agreement not-to- exceed amount of $101,635.05, subject to final language approval of the City Manager. (Staff: Shaun Kroes) (ROLL CALL VOTE REQUIRED) Item: 10.N. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Shaun Kroes, Program Manager DATE: 10/21/2020 Regular Meeting SUBJECT: Consider Amendment No. 2 to Phoenix Civil Engineering, Inc. for Construction Management Services for an Increase in the Amount of $4,400.00; and Consider Amendment No. 5 to RJR Engineering & Consulting, Inc. for Additional Design Services for an Increase in the Amount of $1,600.00 for the Metrolink South Parking Lot South Entry Project BACKGROUND AND DISCUSSION On December 18, 2020, City Council awarded a bid to United Construction & Landscape, Inc. (United) for a total contract value of $349,800.00 for construction of the Metrolink South Parking Lot South Entry Project (MPK 19-02) (Project). The City also has existing Agreements with Phoenix Civil Engineering, Inc. (Phoenix) for bid phase and construction management services ($64,224.00); and RJR Engineering & Consulting, Inc. (RJR) for design and construction inspection services ($100,035.05). Construction of the project began in April and although construction of the Project was expected to be completed within the first week of September, additional construction work to resolve the collection of water run-off at a couple of spots where new pavement had been placed as well as additional work requested of United has generated additional work for Phoenix. RJR has also been requested to perform additional design work related to the Project. In addition to increases in their respective scope of work, the term of RJR and Phoenix’s respective Agreements are being amended to reflect the additional work being performed, which extends the timeframe that the Agreements remain active. Phoenix has submitted a proposed Construction Fee Amendment in the amount of $4,000 which covers: • Additional coordination efforts • Additional on-site meetings • Additional plan review efforts • Additional weekly construction meetings Item: 10.N. 542 Honorable City Council 10/21/2020 Regular Meeting Page 2 Staff is also proposing to increase the 10% contingency $5,839.00 by an additional $400.00 (to $6,239.00). The total increase to Phoenix’s Agreement would be for $4,400.00, for a total not-to-exceed amount of $68,624.00. RJR has submitted a proposed Construction Fee Amendment in the amount of $1,600.00 for additional design services for a new catch basin and drainage pipe to relieve ponding concerns at the new pedestrian crosswalk. FISCAL IMPACT The project cost breakdown is provided in Table 1 below. Table 1: Project Expenditure Breakdown TSM 2001-311-C0029-55300 Professional Services 108,258$ (47,936)$ RJR (Amendment No. 2) (58,385)$ Phoenix (1,600)$ RJR (Amendment No. 5) Balance 337$ 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) (4,400)$ Phoenix (Amendment No. 2) Balance 35,612$ 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$ Total Balance 37,367$ Note: RJR Amendment No. 4 (name-change only) is not shown in Table 1. RJR’s increase of $1,600.00 will be funded with Traffic Systems Management Fund (2001) and Phoenix’s increase of $4,400.00 will be funded with Transportation Development Act Article 8c Fund (2414). All costs will be absorbed by the Project’s current budget. 543 Honorable City Council 10/21/2020 Regular Meeting Page 3 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) 1. Authorize the City Manager to sign Amendment No. 2 to the Agreement with Phoenix Civil Engineering, Inc. for additional construction management services in the amount of $4,000.00 and increase the ten percent (10.00%) contingency in the amount of $400.00 for a revised total Agreement not-to-exceed amount of $68,624.00, subject to final language approval of the City Manager; and 2. Authorize the City Manager to sign Amendment No. 2 to the Agreement with RJR Engineering & Consulting, Inc. in the amount of $1,600.00 for a revised total Agreement not-to-exceed amount of $101,635.05, subject to final language approval of the City Manager. Attachment 1: Phoenix Civil Engineering, Inc. Amendment No. 2. Attachment 2: RJR Engineering & Consulting, Inc. Amendment No. 5. 544 ATTACHMENT 1 AMENDMENT NO. 2 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. 2 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, on July 24, 2020, the City and Consultant executed Amendment No. 1 to the Agreement, adding a ten percent (10%) contingency in the amount of five thousand eight hundred thirty-nine dollars ($5,839.00), for a total not-to-exceed amount of sixty-four thousand two hundred twenty-four dollars ($64,224.00); and WHEREAS, the construction project has extended beyond the original project timeframe and required additional coordination efforts, on-site meetings, plan review efforts and weekly construction meetings. The Consultant and City have determined it is necessary to increase Consultant’s Construction Fees by an additional four thousand dollars ($4,000.00) and increase Consultant’s contingency by an additional four hundred dollars ($400.00) for a total not-to-exceed amount of sixty-eight thousand six hundred twenty-four dollars ($68,624.00); and WHEREAS, the City and Consultant now desire to amend the Agreement to increase the compensation for services to be performed by Consultant from sixty-four thousand two hundred twenty-four dollars ($64,224.00) by a value of four thousand four hundred dollars ($4,400.00) for a total contract value of sixty-eight thousand six hundred twenty-four dollars ($68,624.00); and document said agreement to amend by jointly approving Amendment No. 2 to the Agreement. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: I. Section 1, TERM, is amended by replacing this section in its entirety as follows: “The term of this Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit C and Exhibit D, unless this Agreement is terminated or suspended pursuant to this Agreement.” 545 Amendment No. 2 to Agreement between City of Moorpark and Phoenix Civil Engineering, Inc. Page 2 II. 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 engineering peer review and construction management services for the Metrolink South Parking Lot Second Entry, as set forth in Exhibit C and Exhibit D. In the event there is a conflict between the provisions of Exhibit C and Exhibit D and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibit C and Exhibit D. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit C and Exhibit D. Compensation for the services to be performed by Consultant shall be in accordance with Exhibit C and Exhibit D. Compensation shall not exceed the rates or total contract value of sixty-eight thousand six hundred twenty-four dollars ($68,624.00), which includes a ten percent (10%) contingency in the amount of six thousand two hundred thirty-nine dollars ($6,239.00) 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.” III. Section 5, PAYMENT, is amended by replacing Paragraph 2 of Section 5 in its entirety as follows: “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 and Exhibit D, based upon actual time spent on the above tasks. This amount shall not exceed a total contract value of sixty-eight thousand six hundred twenty-four dollars ($68,624.00), which includes a ten percent (10%) contingency in the amount of six thousand two hundred thirty-nine dollars ($6,239.00) 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. 2, 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. 546 Amendment No. 2 to Agreement between City of Moorpark and Phoenix Civil Engineering, Inc. Page 3 CITY OF MOORPARK PHOENIX CIVIL ENGINEERING, INC. _______________________________ _______________________________ Troy Brown City Manager Jon Turner Principal Engineer Attest: _______________________________ Ky Spangler City Clerk 547 Mr. Shaun Kroes September 17, 2020 City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 City of Moorpark – Metrolink South Parking Lot South Entry Project–Engineering Services During Construction Fee Amendment for Additional Services Dear Shaun- I am pleased to provide you with this proposal for additional engineering services during construction associated with the Metrolink South Parking Lot South Entry Construction Project (PW:2019-02). Phoenix Civil Engineering, Inc. (Phoenix) has acted as the construction manager and administrator for the project civil improvements. The civil improvements have taken longer and have extended beyond the original project timeframe. Some of the installed work has had to be reinstalled, requiring additional coordination and review effort. Additionally, work has been added as part of change orders. Due to these additional scope items and extended project timeframe, Phoenix is asking for an amendment for an additional fee. Task 3.4 – Construction Management Assistance THE FOLLOWING EFFORTS ARE IN THIS TASK: •Additional coordination effort. •Additional on-site meetings. •Additional plan review effort. •Project timeframe has been extended. •Additional weekly construction meetings. Original Fee $64,224 Task 3.4 Construction Management Assistance Additional Fee $4,000 Total Fee $68,224 I appreciate the opportunity to submit this proposal and continue to assist you with this project. Please let me know if you have any questions or would like to discuss my proposal. Sincerely, ______________________________ Jon Turner, PE Principal Engineer Exhibit D 548 ATTACHMENT 2 AMENDMENT NO. 5 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND RJR ENGINEERING & CONSULTING, INC. FOR FINAL DESIGN OF THE METROLINK SOUTH PARKING LOT ENTRANCE This Amendment No. 5 to the Agreement between the City of Moorpark, a municipal corporation (“City”), and RJR Engineering & Consulting, Inc., a corporation (“Consultant”), for professional design services (“Agreement”), is made and entered into on this ___ day of ____________________, 2020. RECITALS WHEREAS, on April 8, 2016, the City and Consultant entered into an Agreement to have the Consultant provide professional design services for final design of the Metrolink South Parking Lot south entrance; and WHEREAS, on September 8, 2017, Amendment No. 1 was executed, adding additional design work and additional landscape architectural services and increased the Consultant’s not-to-exceed amount by an additional six thousand seven hundred forty-four dollars and ten cents ($6,744.10) for a total contract value of forty-eight thousand eight hundred seventy-four dollars and eight cents ($48,874.08); and WHEREAS, Consultant completed design of the Metrolink South Parking Lot south entrance with a remaining balance of eight thousand three hundred sixty-nine dollars and twelve cents ($8,369.12); and WHEREAS, City awarded a construction contract to United Construction & Landscape Inc. on December 18, 2019; and WHEREAS, on February 19, 2020, Amendment No. 2 was executed, adding resident engineer and inspection services and increasing the Consultant’s not-to- exceed amount by an additional thirty-nine thousand five hundred sixty-six dollars and eighty-eight centers ($39,566.88) for a total not-to-exceed amount of eighty-eight thousand four hundred forty dollars and ninety-six cents ($88,440.96); and WHEREAS, on May 8, 2020, Amendment No. 3 was executed, adding landscape architect inspection services and a ten percent (10%) contingency and increasing the compensation for services to be performed by Consultant from eighty-eight thousand four hundred forty dollars and ninety-six cents ($88,440.96) by a value of eleven thousand five hundred ninety-four dollars and nine cents ($11,594.09) including a ten percent (10%) contingency of nine thousand ninety-four dollars and nine cents ($9,094.09) for a total contract value of one hundred thousand thirty-five dollars and five cents ($100,035.05), and WHEREAS, on August 3, 2020, Amendment No. 4 was executed, changing Consultant’s name from RJR Engineering Group, LLC to RJR Engineering & Consulting, Inc., effective July 1, 2020; and, 549 Amendment No. 5 to Agreement between City of Moorpark and RJR Engineering & Consulting, Inc. Page 2 WHEREAS, Consultant has been requested to perform additional design work for the Metrolink South Parking Lot south entrance and the Consultant and City have determined it is necessary to increase Consultant’s Compensation Fees by an additional one thousand six hundred dollars ($1,600.00) for a total contract value of one hundred one thousand six hundred thirty-five dollars and five cents ($101,635.05); and WHEREAS, the City and Contractor now desire to amend the Agreement to increase the compensation for services to be performed by Contractor from one hundred thousand thirty-five dollars and five cents ($100,035.05) by a value of one thousand six hundred dollars (1,600.00) for a total contract value of total contract value of one hundred one thousand six hundred thirty-five dollars and five cents ($101,635.05), and document said agreement to amend by jointly approving Amendment No. 5 to the Agreement. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: I. Section 1, TERM, is amended by replacing this section in its entirety as follows: “The term of this Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit C, Exhibit D, Exhibit E, Exhibit F, and Exhibit H, unless this Agreement is terminated or suspended pursuant to this Agreement.” II. 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, Exhibit F and Exhibit H. In the event there is a conflict between the provisions of Exhibit C, Exhibit D, Exhibit E, Exhibit F, and Exhibit H 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, Exhibit F, and Exhibit H. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit C, Exhibit D, Exhibit E, Exhibit F, and Exhibit H. Compensation for the services to be performed by Consultant shall be in accordance with Exhibit C, Exhibit D, Exhibit E, Exhibit F, and Exhibit H. Compensation shall not exceed the rates or total contract value of one hundred one thousand six hundred thirty-five dollars and five cents ($101,635.05), which includes a contingency in the amount of nine thousand ninety-four dollars and nine cents ($9,094.09) without a written Amendment to the Agreement executed by both parties. Payment by City 550 Amendment No. 5 to Agreement between City of Moorpark and RJR Engineering & Consulting, Inc. Page 3 to Consultant shall be in accordance with the provisions of this Agreement.” III. Section 5, PAYMENT, is amended by replacing Paragraph 2 of Section 5 in its entirety as follows: “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, Exhibit F, and Exhibit H, based upon actual time spent on the above tasks. This amount shall not exceed a total contract value of one hundred one thousand six hundred thirty-five dollars and five cents ($101,635.05), which includes a contingency in the amount of nine thousand ninety-four dollars and nine cents ($9,094.09) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.” IV. Remaining Provisions: Except as revised by this Amendment No. 5, 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 RJR ENGINEERING & CONSULTING, INC. _______________________________ _______________________________ Troy Brown City Manager Robert Anderson President Attest: _______________________________ Ky Spangler City Clerk 551 Exhibit H552