HomeMy WebLinkAboutAGENDA REPORT 2021 0317 CCSA REG ITEM 10ECITY OF MOORPARK, CALIFORNIA
City Council Meeting
of March 17, 2021
ACTION Approved Staff Recommendation.
(Roll Call Vote: Unanimous).
BY B.Garza.
E. Consider Amendment No. 5 to Phoenix Civil Engineering, Inc. for Design Plan
Completion and Construction Phase Services, and Contingency in the Net Increase
of $30,730 for the Metrolink North Parking Lot Expansion Project. Staff
Recommendation: Authorize the City Manager to sign Amendment No. 5 to the
Agreement with Phoenix Civil Engineering, Inc. for Design Plan Completion and
Construction Phase Services for an Agreement increase of $30,730.00 for a revised
total Agreement not-to-exceed amount of $223,533.65, subject to final language
approval of the City Manager. ROLL CALL VOTE REQUIRED (Staff: Shaun
Kroes)
Item: 10.E.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Shaun Kroes, Program Manager
DATE: 03/17/2021 Regular Meeting
SUBJECT: Consider Amendment No. 5 to Phoenix Civil Engineering, Inc. for
Design Plan Completion and Construction Phase Services, and
Contingency in the Net Increase of $30,730 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 5 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.
• Amendment 4: Added design plan completion and bid and construction phase
services and increased the compensation from $100,648 to $192,803.65.
Approved by City Council on July 15, 2020.
Item: 10.E.
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Honorable City Council
03/17/2021 Regular Meeting
Page 2
After approval and execution of Amendment No. 4, Phoenix and City staff worked to
complete the bid specifications and plans. Upon City Council approval of the High
Street Depot mixed-use project, staff reviewed the parking lot design with an eye toward
continuation of sidewalk and streetscape design to create a more cohesive feel along
the southern side of High Street. Additionally, with continuing the streetscape along
High Street, it was determined that the North Parking Lot should be redesigned to return
City right-of-way that was previously being used for the North Parking Lot to establish a
more consistent sidewalk and streetscape along High Street. While the encroachment
onto City right-of-way has not previously been an issue (as the City has maintained the
North Parking Lot for decades), there was renewed recognition that with the upcoming
improvements along High Street east of the North Parking Lot, now would be a timely
opportunity to not only “reclaim” the City’s right-of-way from the Ventura County
Transportation Commission, but to also look at sidewalk improvements on the north
side of the North Parking Lot, traveling west towards the proposed High Street Depot.
Staff returned to Phoenix to determine if the North Parking Lot could be redesigned
such that the parking lot could be designed to fit within the property lines of VCTC’s
parcel while still maintaining the number of parking spaces that the parking lot
expansion project was intended to provide. Phoenix did a preliminary assessment and
determined that it was feasible by replacing landscaping in the center of the parking lot
(in place to provide stormwater infiltration) with pervious pavement. The pervious
pavement will provide stormwater infiltration while maintaining the original number of
parking stalls. Other proposed design improvements to be added to scope of work
include:
• Improve the existing driveway to meet accessibility requirements.
• Adjust landscaping to maintain additional pepper trees along High Street
(originally proposed for removal).
• Redesign a section of the Metrolink South Parking Lot access ramp.
• Design sidewalk improvements on the north side of the North Parking Lot.
Phoenix has submitted a proposal (Exhibit G to the Attachment) for design plan
completion and updating the bid specifications and design plans, for an increase of
$30,730.00. As soon as Amendment No. 5 is executed Phoenix will be able to update
and finalize the design drawings and bid documents. Staff will then return to City
Council with a request to approve the design and authorize going out to bid for the
project.
FISCAL IMPACT
The project cost breakdown is provided in Table 1 below.
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Honorable City Council
03/17/2021 Regular Meeting
Page 3
Table 1: Project Expenditure Breakdown for FY 2020/21 Expenditures*
Fund Expense Line
Expense Line
Description
Current
FY 20/21 Contractor
TSM 2001-430-C0032-55300 Professional Services 13,556$
(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)
(30,730)$ Phoenix (Amendment No. 5)
Balance 2,095$
STA 2413-430-C0032-55200 Infrastructure 25,231$
Balance 25,231$
SGR 2417-430-C0032-55200 Infrastructure 7,325$
Balance 7,325$
Total Balance 1,030,565$
*$77,291.65 expended for Phoenix in prior fiscal years, not reflected in spreadsheet above.
The increase of $30,730.00 will be funded with Prop 1B-Local Streets & Roads Fund
(2434) and will be absorbed by the Project’s current budget.
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)
Authorize the City Manager to sign Amendment No. 5 to the Agreement with Phoenix
Civil Engineering, Inc. for Design Plan Completion and Construction Phase Services for
an Agreement increase of $30,730.00 for a revised total Agreement not-to-exceed
amount of $223,533.65, subject to final language approval of the City Manager.
Attachment: Phoenix Civil Engineering, Inc. Amendment No. 5.
144
ATTACHMENT
AMENDMENT NO. 5
TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND PHOENIX CIVIL
ENGINEERING, INC. FOR METROLINK STATION NORTH PARKING LOT
EXPANSION DESIGN
This Amendment No. 5 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 ____________________, 2021.
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, on August 10, 2020, the City and Consultant executed Amendment
No. 4, adding Exhibit F to the Agreement to task Consultant with issuing a bid set for
contract documents, bid phase services, and construction management services in a
net increase amount of eighty-one thousand six hundred fifty-five dollars and sixty-five
cents ($81,655.65) after factoring in 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
145
Amendment No. 5 to Agreement between City of Moorpark and Phoenix Civil Engineering, Inc.
Page 2
WHEREAS, City has requested that Consultant assume additional tasks,
including redesign of the North Parking Lot to accommodate additional pepper trees,
driveway accessibility, reduction of the parking lot footprint, redesign a section of the
Metrolink South Parking Lot access ramp, and design sidewalk improvements on High
Street connected to the North Parking Lot; and;
WHEREAS, Consultant has provided a Proposal dated February 14, 2021, which
is attached hereto as Exhibit G, in the net increase amount of thirty-thousand seven
hundred thirty dollars ($30,730); 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 ninety-two thousand eight hundred three dollars and sixty-five cents
($192,803.65) by a value of thirty-thousand seven hundred thirty dollars ($30,730.00),
for a total contract value of two hundred twenty-three thousand five hundred thirty-three
dollars and sixty-five cents ($223,533.65), 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 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 G. In the
event there is a conflict between the provisions of Exhibit C, Exhibit D,
Exhibit E, Exhibit F and Exhibit G 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 G. 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 G.
Compensation for the services to be performed by Consultant shall
be in accordance with Exhibit C, Exhibit D, Exhibit E, Exhibit F and Exhibit
G. Compensation shall not exceed the rates or total contract value of two
hundred thousand thirteen thirty-three dollars and sixty-five cents
($213,033.65), plus a contingency in the amount of ten thousand five
hundred dollars ($10,500.00) for a total contract value of two hundred
twenty-three thousand five hundred thirty-three dollars and sixty-five cents
($223,533.65) 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.”
146
Amendment No. 5 to Agreement between City of Moorpark and Phoenix Civil Engineering, Inc.
Page 3
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, Exhibit F and Exhibit G, based upon actual
time spent on the above tasks. This amount shall not exceed a total
contract value of two hundred thirteen thousand thirty-three dollars and
sixty-five cents ($213,033.65), plus a contingency in the amount of ten
thousand five hundred dollars ($10,500.00) for a total contract value of two
hundred twenty-three thousand five hundred thirty-three dollars and sixty-
five cents ($223,533.65) 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. 5 all the provisions of the Agreement
shall remain in full force and effect.
In Witness Whereof, the parties hereto have caused this Amendment to be
executed the day and year first above written.
147
Amendment No. 5 to Agreement between City of Moorpark and Phoenix Civil Engineering, Inc.
Page 4
CITY OF MOORPARK PHOENIX CIVIL ENGINEERING, INC.
_______________________________ _______________________________
Troy Brown
City Manager
Jon Turner
President
Attest:
_______________________________
Ky Spangler, City Clerk
148
Mr. Shaun Kroes February 15, 2021
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
City of Moorpark – Metrolink Station Parking Lot Expansion Design–Fee Amendment Proposal
for Design Plan Completion
Dear Shaun-
Per our discussion, attached is the fee amendment proposal covering updating and completing the design
plans into an Issued for Bid set of Contract Documents. City staff requested modifications to the parking
lot layout, north property line location along High Street, east driveway layout for meeting accessible
requirements, conversion of the storm water MS4 compliant design to utilize pervious concrete pavement,
and revisions to the landscaping design to incorporate the parking lot layout modifications. Additionally,
modifications to the South Metrolink parking lot access ramp and parking stall is included in this
proposal. I have included the original design subconsultant in this proposal for the landscaping
modifications. 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 210: Preparation of an Issued for Bid Set of Contract Documents
I appreciate the opportunity to 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 G
Page 5 149
February 15, 2021
Page 1 of 1
Scope of Services
Background/Project Understanding
City staff requested modifications to the parking lot layout, north property line location along High Street,
east driveway layout for meeting accessible requirements, conversion of the storm water MS4 compliant
design to utilize pervious concrete pavement, and revisions to the landscaping design to incorporate the
parking lot layout modifications. Additionally, modifications to the South Metrolink parking lot access
ramp and parking stall is included in this proposal. I have included the original design subconsultant in
this proposal for the landscaping modifications. 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 210: 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.
Schedule
The work associated with Tasks 210 will be made a top priority. Every effort will be made to keep the project
schedule moving along.
Fees
Work associated with Tasks 210 is estimated to cost $30,730. A breakdown of the level of effort is listed
below:
Task 210: Preparation of an Issued for Bid Set of Contract Documents $30,730
Subtotal: $30,730
Previous Contract Amount: $192,803.65
Revised Contract Amount: $223,533.65
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.
Page 6 150
February 08, 2021
Mr. Jon Turner
Principal Civil Engineer
Phoenix Civil Engineering, Inc.
535 E. Main Street
Santa Paula, CA 93060
RE: LANDSCAPE ARCHITECTURAL EXTRA SERVICE AGREEMENT – METROLINK
NORTH EXPANSION, MOORPARK, CA
ADG JOB NUMBER: 1633
Jon Turner:
This letter will confirm your authorization for Architerra Design Group to provide additional
work beyond the contracts scope of work. This will include time to update and modify the
site base in CAD, update the construction documents (construction plans, irrigation plans,
and planting plans respectively), create additional designs and details for the items listed
below, plan checking time, and coordination time. The base will include the latest line
work provided by Phoenix Engineering and the limit of work will now run up to the back
of curb. The additional detailing will include design development and construction details
for low seat wall, a new bus stop shelter, and a new Metrolink sign. These details and
designs will meet both the Metrolink standards and match the style of the High Street
Depot being installed to the west of the Metrolink North Station.
The additional work fee is listed below:
Lump Sum Total: $5,200.00
See "Exhibit A" attached for our hourly rates and reimbursable expenses. We request
your written approval of this authorization for Extra Design Services by signing and
returning one copy of this letter for our files.
If this is not your understanding, or if you have questions regarding the above, please
contact me immediately.
Sincerely, Approved: Phoenix Civil Engineering
Ryan C. Skolny By:___________________________
Ryan C. Skolny Title:_________________________
Project Manager Date:_________________________
Page 7 151
APPENDIX A
Appended to and part of Agreement for Professional Services between Architerra Design
Group, Inc. (ADG) and Phoenix Engineering dated May 20th, 2016.
Fees for Professional Services
Services outlined under the Scope of Services shall be provided for the fixed sum stipulated
in the Agreement for Landscape Architectural Services.
Reimbursable Expenses
The following costs shall be reimbursed at cost plus 15% and are not included in the Basic
Fee for Services:
Expense of reproductions for generation of original drawings, plan check
submittals and construction bidding, including printing, plotting, Xerox copying,
photo reproductions.
All automobile mileage shall be paid at the standard rate for business
automobile use as set forth by the Internal Revenue Service.
Cost of postage and shipping expenses other than first class mail.
Photographic services, film and processing.
Cost of models, special rendered exhibits, promotional photography, special
process printing, special equipment, special printed reports or publications
maps and documents approved in advance by Client.
Agency Processing and fees paid for securing approval of agencies having
jurisdiction over the Project (Plan check fees, variance applications, etc.).
Fees for additional special consultants retained with the approval of Client.
Additional Services
ADG may incur expenses and costs, which are not included in the Basic Fee for Services. If
authorized by the Client and confirmed by ADG, ADG will perform said Additional Services
on a time and material basis, according to the following schedule:
Principal $ 165.00/Hour
Director of Design $ 140.00/Hour
Project Manager $ 110.00/Hour
Landscape Designer $ 90.00/Hour
CAD Draftsperson $ 85.00/Hour
Clerical $ 55.00/Hour
Page 8 152