HomeMy WebLinkAboutAGENDA REPORT 2022 0420 CCSA JNT DC ITEM 10DCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of April 20, 2022
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
D. Consider Amendment No. 1 to Agreement with Budlong & Associates, Inc. for
Additional Construction Administration Services for Replacement Gas Line and
Heating, Ventilation, and Air Conditioning (HVAC) Unit Project at Arroyo Vista
Recreation Center and Gym. Staff Recommendation: Approve Amendment No. 1
to Agreement with Budlong & Associates, Inc. and authorize the City Manager to
sign the Agreement, subject to final language approval of the City Manager. (Staff:
Jessica Sandifer, Community Services Manager)
Item: 10.D.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jessica Sandifer, Community Services Manager
DATE: 04/20/2022 Regular Meeting
SUBJECT: Consider Amendment No. 1 to Agreement with Budlong & Associates,
Inc. for Additional Construction Administration Services for
Replacement Gas Line and Heating, Ventilation, and Air Conditioning
(HVAC) Unit Project at Arroyo Vista Recreation Center and Gym
BACKGROUND
In 2018, the City Council approved a capital improvement project to replace a leaking gas
line and outdated Heating, Ventilation, and Air Conditioning (HVAC) equipment at the
Arroyo Vista Recreation Center (AVRC) and gym. In 2019, staff hired Budlong &
Associates, Inc. (Budlong) to design the replacement gas line and an energy-efficient
HVAC system. Budlong completed construction documents in early 2020. After a delay
due to the COVID-19 pandemic, the project was bid out in late 2021, and the City Council
awarded a bid to Bon Air Incorporated to construct the project. The project began in
January 2022 and is currently underway.
DISCUSSION
When the construction drawings were completed in 2019, they were provided to staff for
review, and once staff’s review was completed, the plans were to be forwarded to Building
and Safety for plan check. Unfortunately, staff’s review of the drawings delayed them
being turned in to Building and Safety prior to the end of December 2019, which would
have allowed them to be reviewed under the prior building code. The result was some
re-design work on the drawings to meet new building code requirements related to HVAC,
plumbing, and electrical.
Additionally, as the project has gotten underway, there was a need for some re-design
work related to allowing for HVAC unit curb adapters. Curbs provide a mounting surface
and structural support for the HVAC units on the roof and generally have to be re-built
due to new HVAC equipment tending to be heavier than the older equipment. The project
as designed required the removal of the existing HVAC units and curbs in order to provide
the required information to correctly place an order for the new HVAC equipment and
Item: 10.D.
435
Honorable City Council
04/20/2022 Regular Meeting
Page 2
accessories. Since the new HVAC units are experiencing long lead times, the City re-
designed the project to allow for curb adapters which work with the existing curbs and will
allow for the continuous operation of the existing HVAC equipment at the Recreation
Center while we await the new HVAC units. The re-design will also result in a credit to
the project as the use of curb adapters is less expensive than removing and re-building
them in place.
Due to these changes and some additional Requests for Information (RFI) related to
equipment delays, staff has discussed a need to increase the construction administration
fees for the project to cover the additional re-designs and review of RFI’s.
Staff requested an estimate of additional Construction Administration costs from
Budlong & Associates, Inc. through the completion of the project. The original contract
value was $62,618. The added Construction Administration costs will add $5,650 for a
new total agreement cost of $68,268. Since the cost of the original contract exceeds the
City Manager’s signing authority, City Council approval of the Agreement Amendment is
required.
FISCAL IMPACT
Sufficient funds are budgeted in the Fiscal Year 2021/22 budget for the additional
construction administration services.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Approve Amendment No. 1 to Agreement with Budlong & Associates, Inc. and authorize
the City Manager to sign the Agreement, subject to final language approval of the City
Manager.
Attachment: Amendment No. 1 to Agreement with Budlong & Associates, Inc.
436
AMENDMENT NO. 1
DESIGN PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND BUDLONG & ASSOCIATES, INC.
FOR DESIGN OF REPLACEMENT GAS LINE AND HVAC UNITS AT ARROYO VISTA
COMMUNITY PARK
This Amendment No. 1 to the Agreement between the City of Moorpark, a
municipal corporation (“City”), and Budlong & Associates, Inc., a corporation
(“Contractor”), for design and construction administration services (“Agreement”), is made
and entered into on this ___ day of ____________________, 2022.
RECITALS
WHEREAS, on June 27, 2019 the City and Contractor entered into an Agreement
to have the Contractor provide design services for replacement gas line and HVAC units
at Arroyo Vista Community Park; and
WHEREAS, the City and Contractor now desire to amend the Agreement to
increase the compensation for services to be performed by Contractor from sixty-two
thousand six hundred eighteen dollars ($62,618.00) by a value of five thousand six
hundred fifty dollars ($5,650.00) for a total contract value of sixty-eight thousand two
hundred sixty-eight dollars ($68,268.00) 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 the section in its
entirety as follows:
“City does hereby retain Consultant, as an independent contractor,
in a contractual capacity to provide design services for gas line and HVAC
unit replacement, as set forth in Exhibit C, Exhibit D, and Exhibit E. In the
event there is a conflict between the provisions of Exhibit C, Exhibit D, and
Exhibit E, 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, and Exhibit E.
Compensation for the services to be performed by Consultant shall
be in accordance with Exhibit C, Exhibit D, and Exhibit E. Compensation
shall not exceed the rates or total contract value of sixty thousand one
hundred dollars ($60,100.00) as stated in Exhibit C, Exhibit D, and Exhibit
E plus a contingency of eight thousand one hundred sixty-eight dollars
($8,168), for a total agreement cost of sixty-eight thousand two hundred
sixty-eight dollars ($68,268), 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.”
ATTACHMENT
437
Amendment No. 1 to Agreement between City of Moorpark and Budlong & Associates, Inc. Page 2
II.Section 5, PAYMENT, is amended by replacing the second paragraph, 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, and Exhibit E based upon actual time spent on the above
tasks. This amount shall not exceed sixty-eight thousand two hundred sixty-
eight dollars ($68,268), which includes a contingency of eight thousand one
hundred sixty-eight dollars ($8,168), 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 Witness Whereof, the parties hereto have caused this Amendment to be
executed the day and year first above written.
CITY OF MOORPARK BUDLONG & ASSOCIATES, INC.
_______________________________ _______________________________
Troy Brown
City Manager
Sunil Patel
Chief Executive Officer
Attest:
_______________________________
Ky Spangler
City Clerk
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315 Arden Avenue | Ste 23
Glendale, CA 91203
1000 Paseo Camarillo | Ste 140
Camarillo, CA 93010
635 W 5th St | 26th Floor
Los Angeles, CA
90071
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March 29, 2022 Budlong Number P18-090.C6
Jessica Sandifer | Community Services Manager
Parks, Recreation and Community Services Department
Active Adult Services, Parks & Facility Construction, Property Management,
Library Services
City of Moorpark
799 Moorpark Avenue | Moorpark, CA 93021
805.517.6225 jsandifer@moorparkca.gov
Reference: Additional Service Fee Proposal for Construction Administration services on MEP & FA
Engineering - Arroyo Vista Community Park – Community Building
Budlong is submitting this additional services fee proposal to provide Mechanical, Plumbing, Electrical
and Fire Alarm engineering services for the Construction Phase of this project under the base contract of
P18-090 signed and dated on 6/27/2019. This is based on a phone discussion between Budlong and
Jessica Sandifer from 3/22/2022.
CONSTRUCTION ADMINISTRATION PHASE SERVICES:
1.RFI review & responses, Submittal review & responses, field observations (as required), and
punch walk for MEP and FA disciplines.
CLARIFICATIONS AND EXCLUSIONS:
1.The CA fee listed in this proposal supersedes the $3,700 amount in the P18-090.C1 agreement.
2.Agency fees are not included.
3.Areas or tasks outside the scope of work stated above are not included.
4.All other terms remains per the base design services contract.
CONSTRUCTION ADMINISTRATION SERVICES COMPENSATION:
Budlong will provide above listed Construction Phase services for a lump sum of $5,650.
We welcome the opportunity to present you with this proposal and look forward to working with you. Feel
free to call should you require additional information . Thank you!
Sincerely Submitted by
Budlong
Patrick Fitzsimmons – Project Manager
cc: Sunil Patel, PE, LEED AP, CxA, President | CEO
City of Moorpark:
Signature
Name
Title
Date ______________________________
EXHIBIT E
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Additional Service Fee Proposal for Construction Administration services on
MEP & FA Engineering - Arroyo Vista Community Park – Community Building Page 2 of 3
3/29/2022 P18-090.C6
TERMS OF CONDITIONS
1.Rate Schedule
Budlong will perform services for the Scope of Work, or if you change the Scope of Work of this
RFP, including changes in size, quality, complexity, and schedule, then any work performed by
Budlong as a result of such request or change will be billed to you either upon a mutually agreeable
increase in the basic fee, or upon a time and materials basis. Budlong current hourly billing rates
are as follows:
CLASSIFICATIONS HOURLY RATE
Principal $210
Project Manager/Sr. Engineer/Sr. Designer $195
Designer $180
BIM / Revit $135
CAD $120
Administrative $90
Commissioning (Cx) $180
The Rates are subject to general revision by 01/01/2023.
Unless noted otherwise, extra services include but are not limited to the following: tenant
improvement work; anchorage of other non-MEP equipment; exterior elements such as fountains,
signs, light poles, flagpoles, site walls, and retaining walls; non-bearing exterior cladding; non-
bearing interior partitions; design-build stairs; pre-engineered joists and trusses; creating book
specifications; value engineering services after completion of the permit submittal package;
preparing documents for alternate bids; preparing documents for multiple building permit packages;
responding to owner retained peer review comments; attending additional meetings beyond the
scope of the MEP system; designing and detailing repairs for defective construction; and preparing
record drawings during or after construction.
2.Limitation of Liability.
Budlong liability to Client in the event of Budlong’s negligence, errors, omissions, strict liability, or
breach of contract, with respect to the project or this agreement, shall not exceed the amount of
insurance available under the Budlong’s errors and omissions policy or policies which cover such
events. Client agrees that it will not bring a lawsuit or claim against individual employees, officers,
or directors of Budlong and that Client’s sole remedies under this contract shall be against Budlong.
3.Use of Budlong Documents.
The drawings, specifications, calculations, and other documents, including those in electronic form,
produced by Budlong under this agreement are for use solely with respect to the Project. Budlong
shall be deemed the owner of these documents and shall retain all common law, statutory and
other reserved rights, including copyright. Upon the execution of this agreement, Budlong grants to
the Client a nonexclusive license to reproduce such Budlong documents for the purpose of
constructing, maintaining or using the Project. Any termination of this agreement prior to completion
of the Project, or any failure of Client to pay Budlong for their services, shall terminate this license.
Client shall not use the Budlong documents for any future additions or alterations to the Project
without written permission of Budlong Any unauthorized use of Budlong documents shall be at
Client’s sole risk and without liability to Budlong.
4.Suspension; Termination.
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Additional Service Fee Proposal for Construction Administration services on
MEP & FA Engineering - Arroyo Vista Community Park – Community Building Page 3 of 3
3/29/2022 P18-090.C6
i.Suspension. If the project is suspended by Client (or the owner of the Project) for more
than 30 days, Client shall compensate Budlong for all services performed by Budlong prior
to such suspension. When the project is resumed, Budlong shall be compensated for
expenses incurred in the interruption and resumption of Budlong, Inc.’s services. Budlong,
Inc.’s fees for the remaining services shall be equitably adjusted. If the suspension
continues for more than 90 days, Budlong may terminate this agreement by not less than
7 days’ notice.
ii.Budlong, Inc.’s Right to Suspend Work upon Non-Payment. If any Budlong invoice is not
paid within 60 days, Budlong shall have the right to suspend work on the project until
payment on such invoice is received, and Budlong shall have no liability for any damage,
cost, fine or penalty due to delay in the Project caused by such suspension.
iii.Termination for Convenience. Client may, upon no less than 7 days’ written notice,
terminate this agreement for the convenience of the Client without cause.
iv.Terminate for Cause. Either party may terminate this agreement on not less than 7 days’
written notice if the other party fails to perform its obligations under this agreement.
v.Payment upon Termination. In the event of a Termination for Convenience or other
termination not the fault of Budlong, Inc., Client shall pay Budlong for all services performed
prior to termination, plus expenses incurred in demobilizing, plus a termination fee equal
to Budlong, Inc.’s anticipated but unrealized profit as of the date of termination. If you agree
to the above, please send a signed copy of this agreement to Budlong, Inc., as notice to
proceed.
5.Charge for Late Payments
Invoices which are not paid within 45 days of the due date will bear a service charge of 1.5% per
month, compounded, with charges accrued from the due date.
6.Attorney’s Fees
In the event that legal action is necessary to enforce the payment terms of this agreement, the
Consultant shall be entitled to collect from the client any judgment or settlement sums due plus
reasonable attorney’s fees, court costs and other expenses incurred by Consultant for such
collection action and, in addition, the reasonable value of the Consultant’s time and expenses spent
for such collection action, computed according to the Consultant’s prevailing fee sche dule and
expense policies.
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