HomeMy WebLinkAboutAGENDA REPORT 2022 0406 CCSA REG ITEM 10ECITY OF MOORPARK, CALIFORNIA
City Council Meeting
of April 6, 2022
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
E. Consider Amendment No. 7 to Phoenix Civil Engineering, Inc. to Increase the Cost
for Design Plan Completion and Construction Phase Services by $34,720. Staff
Recommendation: Authorize the City Manager to sign Amendment No. 7 to the
Agreement with Phoenix Civil Engineering, Inc. for Design Plan Completion and
Construction Phase Services for an Agreement increase of $34,720 and a revised
total Agreement not-to-exceed amount of $353,004.65, subject to final language
approval of the City Manager. (Staff: Shaun Kroes, Public Works Manager)
Item: 10.E.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Shaun Kroes, Public Works Manager
DATE: 04/06/2022 Regular Meeting
SUBJECT: Consider Amendment No. 7 to Phoenix Civil Engineering, Inc. to
Increase the Cost for Design Plan Completion and Construction Phase
Services by $34,720
BACKGROUND
On November 17, 2021, City Council awarded a construction contract to F.S. Contractors,
Inc. (F.S.) for $1,622,701 for the Metrolink North Parking Lot Expansion Project (C0032).
The project designer as well as construction management firm is Phoenix Civil
Engineering, Inc. (Phoenix). F.S.’s total contract value is $1,784,971 and Phoenix’s total
contract value is $318,284.65. F.S.’s contract was executed on December 7, 2021, and
their notice to proceed was issued March 7, 2022.
DISCUSSION
As the City has moved forward with construction of the project, several items have arisen
that have increased the scope of work for Phoenix, including:
• Additional design updates required by Metrolink during the permitting process
• Modifications to drainage areas
• Updated lighting plans
• Adjustments to landscaping
• Anticipated increase of observational services
Phoenix has submitted an updated Scope of Services in the amount of $34,720. Staff is
recommending approval of Amendment No. 7 (attached) which incorporates the
additional scope of work.
FISCAL IMPACT
The project cost breakdown is provided in Table 2 on the following page.
Item: 10.E.
272
Honorable City Council
04/06/2022 Regular Meeting
Page 2
Table 2: Project Expenditure Breakdown
Fund Expense Line
Expense Line
Description
Current
FY 21/22 Contractor
TSM 2001-430-C0032-55200 Infrastructure 0
Budget Amendment 200,000$
(29,514)$ F.S.
(92,657)$ Phoenix (Amendment No. 6)
(34,720)$ Phoenix (Amendment No. 7)
(548)$ State SWPPP
Balance 42,561$
STA 2413-430-C0032-55200 Infrastructure 25,231$
(25,231)$ F.S.
Balance -$
TDA 2414-430-C0032-55200 Infrastructure -$
Budget Amendment 700,000$
(700,000)$ F.S.
Balance -$
SGR 2417-430-C0032-55200 Infrastructure 7,325$
(7,325)$ F.S.
Balance -$
Prop 1B 2434-430-C0032-55200 Infrastructure 995,914$
Budget Amendment 26,987$
(1,022,901)$ F.S.
Balance -$
Prop 1B 2434-430-C0032-55300 Professional Service 105,375$
(103,281)$ Phoenix (thru Amend No. 5)
(2,094)$ Phoenix (Amendment No. 6)
Balance -$
Total Balance 42,561$
There is currently $77,281 available in Expense Line 2001-430-C0032-55200 to cover
the expenditure. Table 2 above provides the impact of Amendment No. 7.
COUNCIL GOAL COMPLIANCE
This action supports City Council Strategy 3, Goal 3, Objective 14 (3.3.14): “Complete
renovation of the existing north Metrolink parking lot and expand the parking lot to the
west for a net increase in downtown public parking spaces.”
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Honorable City Council
04/06/2022 Regular Meeting
Page 3
STAFF RECOMMENDATION
Authorize the City Manager to sign Amendment No. 7 to the Agreement with Phoenix Civil
Engineering, Inc. for Design Plan Completion and Construction Phase Services for an
Agreement increase of $34,720 and a revised total Agreement not-to-exceed amount of
$353,004.65, subject to final language approval of the City Manager.
Attachment: Phoenix Civil Engineering, Inc. Amendment No. 7
274
ATTACHMENT
AMENDMENT NO. 7
TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND PHOENIX CIVIL
ENGINEERING, INC. FOR METROLINK STATION NORTH PARKING LOT
EXPANSION DESIGN
This Amendment No. 7 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 ____________________, 2022.
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 added a contingency in
the amount of ten thousand five hundred dollars ($10,500); and
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Amendment No. 7 to Agreement between City of Moorpark and Phoenix Civil Engineering, Inc.
Page 2
WHEREAS, on March 22, 2021, the City and Consultant executed Amendment
No. 5, adding Exhibit G to the Agreement to task Consultant with assuming 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 for a net increase of thirty-thousand
seven hundred thirty dollars ($30,730); and
WHEREAS, on November 24, 2022, the City and Consultant executed
Amendment No. 6, adding Exhibit H to the Agreement to task Consultant with additional
design updates for both civil, landscaping and electrical work during the course of the
bidding process and also tasked Consultant with assuming oversight of geotechnical
and materials testing services for a net increase of eighty-six thousand one hundred
thirty-seven dollars ($86,137) along with an additional contingency in the amount of
eight thousand six hundred fourteen dollars ($8,614); and
WHEREAS, additional work is needed for engineering design services, including
design updates for both civil, landscaping and electrical work along with additional
construction coordination and inspection services during the course of construction;
and;
WHEREAS, Consultant has provided a Proposal dated March 23, 2022, which is
attached hereto as Exhibit I, in the net increase amount of thirty-four thousand seven
hundred twenty dollars ($34,720); and
WHEREAS, the City and Consultant now desire to amend the Agreement to
increase the compensation for services to be performed by Consultant from three
hundred eighteen thousand two hundred eighty-four dollars and sixty-five cents
($318,284.65) by a value of thirty-four thousand seven hundred twenty dollars ($34,720)
for a total contract value of three hundred fifty-three thousand four dollars and sixty-five
cents ($353,004.65), and document said agreement to amend by jointly approving
Amendment No. 7 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, Exhibit G, Exhibit H and Exhibit I 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, Exhibit G, Exhibit H and Exhibit I.
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Amendment No. 7 to Agreement between City of Moorpark and Phoenix Civil Engineering, Inc.
Page 3
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, Exhibit G, Exhibit H and Exhibit I.
Compensation for the services to be performed by Consultant shall
be in accordance with Exhibit C, Exhibit D, Exhibit E, Exhibit F, Exhibit G,
Exhibit H and Exhibit I. Compensation shall not exceed the rates or total
contract value of three hundred thirty-three thousand eight hundred ninety
dollars and sixty-five cents ($333,890.65), plus a contingency in the
amount of nineteen thousand one hundred fourteen dollars ($19,114.00)
for a total contract value of three hundred fifty-three thousand four dollars
and sixty-five cents ($353,004.65) 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.”
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, Exhibit G, Exhibit H and Exhibit I
based upon actual time spent on the above tasks. This amount shall not
exceed a total contract value of three hundred thirty-three thousand eight
hundred ninety dollars and sixty-five cents ($333,890.65), plus a
contingency in the amount of nineteen thousand one hundred fourteen
dollars ($19,114.00) for a total contract value of three hundred fifty-three
thousand four dollars and sixty-five cents ($353,004.65) 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
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Amendment No. 7 to Agreement between City of Moorpark and Phoenix Civil Engineering, Inc.
Page 4
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. 7 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.
CITY OF MOORPARK PHOENIX CIVIL ENGINEERING, INC.
_______________________________ _______________________________
Troy Brown
City Manager
Jon Turner
President
Attest:
_______________________________
Ky Spangler, City Clerk
278
Mr. Shaun Kroes March 23, 2022
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
City of Moorpark – Metrolink Station Parking Lot Expansion Design–Fee Amendment Proposal
for Additional Construction Phase Services
Dear Shaun-
Per our discussion, attached is the fee amendment proposal covering the additional efforts related to civil
design changes and the additional effort related to the construction observation/management for the
additional site improvements (structural, landscape architect, geotechnical, civil). Additional Metrolink
plan check comments and additional project requirements and recently potholed onsite utilities have
necessitated modifications to the drainage areas, the lighting plans, and landscape design increasing the
work that will be needed during the construction phase. Our proposal for this project included the use of
a materials testing firm (Oakridge Geoscience, Inc.) and we were recently notified that they have decided
to retire and close their firm. We were able to include their recommended materials testing firm that also
included staff from the original firm. The replacement materials testing firm is going to cover the same
scope of work that was previously agreed to with a minor addition in fee (their fee is more than the
previous firm). Due to the additional plan check comments, design modifications and change in
subconsultants, this proposal covers additional effort required for construction phase services. I have
included fee requests from the original design subconsultants in this proposal. The proposal fee is in
addition to the previously approved bid and construction phase services. Based on our conversations and
continuing the numbering from the original proposal, I have prepared my proposal to include the
following:
Phase 3: Additional Bid and Construction Phase Services
Task 302: Construction Phase Services
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 I
279
March 23, 2022
Page 1 of 1
Scope of Services
Background/Project Understanding
The City of Moorpark is improving the existing north parking lot areas serving the Metrolink station. The
City has obtained grant funding for the project. The project has begun construction; the design team is
reviewing submittals and monitoring the on-site activities. Since the proposal for construction phase
services was submitted in October 2021, the Geotechnical firm Oakridge Geosciences, Inc. (OGI) has
retired and closed their firm. OGI has worked with and recommends the firm, Union Materials Testing,
Inc. (UMT). UMT hired OGI staff and they are familiar with the project location and design team. UMT
has provided an updated scope of services that is reflected in this proposal. The design team
subconsultants, Phoenix Civil, Architerra and Visual Concepts, have been involved in additional design
effort during construction phase. Due to additional requirements and design plan check modifications
imposed by Metrolink, the design team firms will play a larger role in the design services during
construction phase than previously thought. Ongoing Metrolink reviews and staff changes outside of our
control, this proposal includes additional design services during construction. Newly discovered utility
information has also increased the scope of work. The original scope of services for Bid Phase and
Construction Phase Services is still in effect; however, this proposal covers the additional effort that will
be required due to the increase of construction scope. Based on our conversations, I have prepared the fee
amendment proposal to include the following:
Phase 3: Construction Phase Services
Task 302: Construction Phase Services
The additional construction phase services include review of additional project shop drawings related to
the increased scope of work for the project. It is estimated that additional onsite observation will be
required at the request of the City. Increased coordination and meeting time with Metrolink is included in
this fee amendment. The electrical and grading plans will be updated and revised to incorporate the new
Metrolink requirements as well as uncovered/unknown existing electrical system configurations.
Additional layout considerations and City review effort is included in this scope to cover the discovered
utility conflicts/changes. The City requested site rendering will be prepared for use in the grand opening
ceremony and that effort is included in this fee amendment. Construction coordination as required by the
City will also be included. Preparation for and attendance at additional onsite meetings is also included.
Schedule
The work associated with Tasks 302 will be made a top priority. Every effort will be made to keep the project
schedule moving along.
Fees
Additional work associated with Task 302 level of effort is listed below:
Task 302: Construction Phase Services $34,720.00
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.
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