HomeMy WebLinkAboutAGENDA REPORT 2024 0103 CCSA REG ITEM 10HCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of January 3, 2024
ACTION APPROVED STAFF
RECOMMENDATIONS, INCLUDING
ADOPTION OF RESOLUTION NO. 2024-
4220. (ROLL CALL VOTE: UNANIMOUS)
BY A. Hurtado.
H. Consider Amendment No. 1 to Professional Services Agreement with FCG
Consultants to Provide Construction Management and Inspections Services for the
Princeton Avenue Improvement Project (C0020), Specification No. MPK21-03;
and a Resolution Amending the Fiscal Year 2023/24 Budget. Staff
Recommendation: 1) Consider and approve Amendment No. 1 to Professional
Services Agreement between the City and FCG Consultants, Inc. for Construction
Management and Inspections Services for the Princeton Avenue Improvement
Project; 2) Authorize the City Manager to execute Amendment No. 1 to increase
the Agreement amount by $512,000 for a total not-to-exceed amount of
$1,967,483.65; and 3) Consider and adopt Resolution No. 2024-4220, amending
Fiscal Year 2023/24 Budget. (Staff: Daniel Kim, City Engineer/Public Works
Director) (ROLL CALL VOTE REQUIRED)
Item: 10.H.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Daniel Kim, City Engineer/Public Works Director
DATE: 01/03/2024 Regular Meeting
SUBJECT: Consider Amendment No. 1 to Professional Services Agreement with
FCG Consultants to Provide Construction Management and
Inspections Services for the Princeton Avenue Improvement Project
(C0020), Specification No. MPK21-03; and a Resolution Amending the
Fiscal Year 2023/24 Budget
BACKGROUND
On October 6, 2021, the City Council approved the Plans and Specifications for the
Princeton Avenue Improvement Project and authorized staff to advertise the project to
obtain construction bids and a Request for Proposals for Construction Management and
Inspections Services. On December 1, 2021, shortly after receiving Project
Authorization from the Federal Highway Administration, a Request for Proposals was
published on the City’s website with a submission deadline on January 13, 2022. The
Request for Proposals was also published in the Ventura County Star on December 4,
2021, and December 14, 2021.
On February 16, 2022, City Council awarded a construction contract to Security Paving
Company, Inc. (Security Paving), a professional services agreement for Construction
Administration Services to Stantec Consulting Services, Inc., and fully funded the
construction phase of the project. On March 2, 2023, the City Council awarded a
Professional Services Agreement for Construction Management and Inspection
Services to FCG Consultants, Inc. (FCG) for an amount not-to-exceed $1,455,483.65.
Although the functions sound similar and overlapping, Construction Administration
Services is provided by the Project Engineer of Record and is primarily an
administrative function to support construction activities as it relates to design
documents. Construction Management and Inspections Services is performed by a
Resident Engineer and is responsible for the coordination of the entire construction
phase of the project, manage project controls and schedule, ensure compliance and
Item: 10.H.
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Honorable City Council
01/03/2024 Regular Meeting
Page 2
conformance to the Project Plans and Specifications, provide quality control and
materials testing, serve as the lead coordinator between the general contractor and the
Engineer of Record, and ensure that all federal requirements are met for federal funding
reimbursements for participating costs.
DISCUSSION
FCG’s original contracted scope of work is to perform Construction Management and
Inspection Services for the construction of the Princeton Avenue Improvement Project
by the contractor, Security Paving. The City issued a Notice to Proceed to Security
Paving with an effective construction start date of August 1, 2022, and a contract time of
completion of 375 consecutive working days. Although the effective start date for
Security Paving was August 1, 2022, actual construction related activities on Princeton
Avenue began in April with the relocation of all utility facilities for the Gas Company,
Southern California Edison, AT&T California, Charter Communications, and Crown
Castle Network. The relocation of all utility facilities prior to the start of the City’s
construction of Princeton Avenue was a major undertaking by the City and the FCG
team. The level of effort and time duration for pre-construction activities related to utility
relocation was not factored into FCG’s original scope of work and cost proposal.
In addition to the pre-construction activities related to utility relocation, several items
have arisen during construction that have impacted the project time duration and
increased scope of work for FCG, including the following:
• Weather related time impacts and extension of the construction contract time.
• Delays related to the placement of CIDH piles for Retaining Walls G and J.
• Increased construction and materials testing requirements.
FCG has submitted an updated letter regarding the additional funds to complete
Construction Management and Inspections Services for the Princeton Avenue
Improvement Project. The increased funding request is $511,766.40 and based
primarily on the extended duration of the project and increased construction materials
testing. Attached for City Council’s consideration is Amendment No. 1 to the
Agreement with FCG to increase compensation for services by $512,000 and a
Resolution amending the Fiscal Year 2023/24 Budget.
ENVIRONMENTAL DETERMINATION
On May 5, 1999, the City Council adopted Resolution No. 99-1598, adopting a Mitigated
Negative Declaration and Expanded Initial Study/Environmental Assessment for Los
Angeles Avenue (East) Widening Project, now known as the Princeton Avenue
Improvement Project. On August 5, 2021, the State of California revalidated the original
Federal environmental approval type for Categorical Exclusion.
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Honorable City Council
01/03/2024 Regular Meeting
Page 3
The recommended action for this staff report is exempt from the California
Environmental Quality Act (CEQA) as it does not constitute a project, as defined by
Section 15378 of the State CEQA Guidelines. Therefore, no additional environmental
review is required.
FISCAL IMPACT
On February 16, 2022, the City Council adopted Resolution No. 2022-4075, amending
the Fiscal Year 2021/22 Budget to fund the Princeton Avenue Improvement Project. As
part of Resolution No. 2022-4075, the City Council appropriated $1,822,435 from Fund
2002, Citywide Traffic Mitigation, to Expense Account 2002-311-C0020-55200 for
Professional Services.
Attached for the City Council’s consideration is a draft Resolution amending the Fiscal
Year 2023/24 Budget to appropriate $600,000 from Fund 2002, Citywide Traffic
Mitigation, to Expense Account 2002-311-C0020-55200 to augment FCG Consultant’s
scope of services for Construction Management and Inspection Services.
COUNCIL GOAL COMPLIANCE
This action is consistent with City Council Goal 1, Objective 1.11: “Princeton Avenue
Improvement Project.”
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Consider and approve Amendment No. 1 to Professional Services Agreement
between the City and FCG Consultants, Inc. for Construction Management and
Inspections Services for the Princeton Avenue Improvement Project.
2. Authorize the City Manager to execute Amendment No. 1 to increase the
Agreement amount by $512,000 for a total not-to-exceed amount of
$1,967,483.65.
3. Consider and adopt Resolution No. 2024-____, amending Fiscal Year 2023/24
Budget.
Attachment 1: Amendment No. 1
Attachment 2: Draft Resolution No. 2024-____
551
Rev. 12/15/2023
AMENDMENT NO. 1
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK
AND FCG CONSULTANTS INC. FOR CONSTRUCTION MANAGEMENT AND
INSPECTIONS SERVICES FOR THE PRINCETON AVENUE IMPROVEMENT
PROJECT (C0020), SPECIFICATION NO. MPK 21-03
This Amendment No. 1 to the Agreement between the City of Moorpark, a
municipal corporation (“City”), and FCG Consultants Inc., a corporation (“Contractor”), for
professional services (“Agreement”), is made and entered into on _________________.
RECITALS
WHEREAS, on March 14, 2022 the City and Contractor entered into an Agreement
to have the Contractor provide Construction Management and Inspections services; and
WHEREAS, the City and Contractor now desire to amend the Agreement for an
additional period; 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 Million,
Four Hundred Fifty-Five Thousand, Four Hundred Eighty-Three dollars and sixty-five
cents ($1,455,483.65) by a value of Five Hundred Twelve Thousand dollars
($512,000.00) for a total contract value of One Million, Nine Hundred Sixty-Seven
Thousand, Four Hundred Eighty-Three dollars and sixty-five cents ($1,967,483.65), 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 1, TERM, is amended by replacing this section in its entirety as follows:
There is no change to the term of 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 Construction Management and
Inspections Services, as set forth in Exhibits C, D, and E. In the event there
is a conflict between the provisions of Exhibit C, Exhibit D, 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.
Consultant shall complete the tasks according to the schedule of
performance which is also set forth in Exhibits C, D, and E.
ATTACHMENT 1
552
Rev. 12/15/2023 Amendment No. _ to Agreement between City of Moorpark and ________. Page 2
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit D and Exhibit E. Compensation shall not exceed
the rates or total contract value One Million, Nine Hundred Sixty-Seven
Thousand, Four Hundred Eighty-Three dollars and Sixty-Five cents
($1,967,483.65) as stated in Exhibit D and Exhibit E, 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.Remaining Provisions:
Except as revised by this Amendment No.1, all of the provisions of the Agreement
shall remain in full force and effect.
553
Rev. 12/15/2023 Amendment No. _ to Agreement between City of Moorpark and ________. Page 3
In Witness Whereof, the parties hereto have caused this Amendment to be
executed the day and year first above written.
CITY OF MOORPARK FCG CONSULTANTS INC.
_______________________________ _______________________________
Troy Brown
City Manager
Maha Fakhouri
President
Attest:
_______________________________
Ky Spangler
City Clerk
554
22885 Savi Ranch Pkwy, Suite G
Yorba Linda, CA 92887
Phone: 714.312.0317
Fax: 714.720.5885
November 29, 2023
Mr. Daniel Kim
Director of Public Works
City of Moorpark
Public Works Department
799 Moorpark Ave.
Moorpark, CA 93021
RE: Princeton Avenue Improvements Project - Federal Aid Project No. HSIPL-5436(018)
This letter is to inform you that FCG is requesting additional funds to complete Construction
Management and Inspection Services on this contract.
The original project Notice to Proceed dated July 1, 2022 had a construction start date of August
1, 2022 with a completion date of February 5, 2024. However, FCG started services on April 2022
to perform Construction Management and Inspect and document all utility relocation work. In
addition, due to weather delays and delays due to conflicts with CIDH Piles construction, the new
completion date is anticipated sometime in May of 2024. Lastly, he City is also requesting
additional budget for the FHWA and Caltrans project review and audit after acceptance of the
construction.
The original FCG budget is $1,455,483.65 and amount needed to complete the work is
$511,766.40. The attached spread sheet showing anticipated work hours by FCG staff to complete
the work based on anticipated schedule of work due to reasons mentioned.
Should you have any questions or comments, please do not hesitate to contact AB Fakhouri or
myself.
Sincerely,
Maha Fakhouri
President and CEO
Cell 714.883.8068
CC: Abdallah Fakhouri, Project Manager / Resident Engineer
EXHIBIT E
555
Month FCG WSP HES Twining Wagner Total Billed To Date To City Paid
March-22 2,780.16$ -$ -$ -$ -$ 2,780.16$ 2,780.16$ 4/10/22 5/26/22
April-22 24,728.16$ -$ -$ -$ -$ 24,728.16$ 27,508.32$ 5/10/22 5/26/22
May-22 23,362.56$ 1,767.96$ -$ -$ -$ 25,130.52$ 52,638.84$ 6/10/22 7/29/22
June-22 41,531.00$ 5,063.39$ -$ -$ -$ 46,594.39$ 99,233.23$ 7/10/22 8/20/22
July-22 34,824.54$ 3,510.44$ -$ -$ -$ 38,334.98$ 137,568.21$ 8/10/22 9/13/22
August-22 56,041.48$ 2,449.65$ -$ -$ -$ 58,491.13$ 196,059.34$ 9/10/22 10/17/22
September-22 53,992.92$ -$ 12,400.00$ -$ -$ 66,392.92$ 262,452.26$ 10/10/22 11/9/23
October-22 56,480.36$ -$ 32,913.39$ 15,885.25$ -$ 105,279.00$ 367,731.26$ 11/10/22 12/27/23
November-22 47,262.12$ 24,940.76$ -$ -$ -$ 72,202.88$ 439,934.14$ 12/10/22 1/3/23
December-22 56,041.40$ 13,899.05$ -$ 22,678.50$ -$ 92,618.95$ 532,553.09$ 1/17/23 2/10/23
January-23 48,969.08$ 16,919.77$ -$ -$ 25,506.99$ 91,395.84$ 623,948.93$ 2/11/23 3/17/23
February-23 48,140.04$ 13,993.53$ -$ 56,437.76$ -$ 118,571.33$ 742,520.26$ 3/11/23 4/13/23
March-23 57,212.04$ -$ 2,700.75$ 11,343.50$ -$ 71,256.29$ 813,776.55$ 4/24/23 5/25/23
April-23 52,383.36$ 26,956.54$ -$ 43,564.00$ -$ 122,903.90$ 936,680.45$ 5/18/23 6/8/23
May-23 54,139.16$ 10,286.40$ -$ 12,230.00$ -$ 76,655.56$ 1,013,336.01$ 6/16/23 Paid
June-23 46,503.31$ 12,855.41$ -$ -$ -$ 59,358.72$ 1,072,694.73$ 7/18/23 8/30/23
July-23 55,248.60$ 17,958.60$ -$ 3,725.00$ -$ 76,932.20$ 1,149,626.93$ 8/18/23 Paid
August-23 57,784.28$ 14,109.59$ -$ 8,278.43$ -$ 80,172.30$ 1,229,799.23$ 3/11/23 Paid
September-23 54,681.00$ 8,396.60$ 9,441.25$ 3,892.37$ -$ 76,411.22$ 1,306,210.45$ 4/24/23 Paid
October-23 58,338.61$ 9,743.59$ 2,398.65$ 8,110.75$ -$ 78,591.60$ 1,384,802.05$ 5/18/23 Paid
November-23 54,681.00$ 9,000.00$ -$ 8,000.00$ -$ 71,681.00$
December-23 54,681.00$ 9,000.00$ -$ 8,000.00$ -$ 71,681.00$
January-24 54,681.00$ 9,000.00$ -$ 8,000.00$ -$ 71,681.00$
February-24 54,681.00$ 9,000.00$ 2,500.00$ 8,000.00$ -$ 74,181.00$
March-24 54,681.00$ 9,000.00$ 5,000.00$ 8,000.00$ -$ 76,681.00$
April-24 54,681.00$ 9,000.00$ 5,000.00$ 8,000.00$ -$ 76,681.00$
May-24 54,681.00$ 6,000.00$ 5,000.00$ 8,000.00$ -$ 73,681.00$
June-24 54,681.00$ 6,000.00$ 2,500.00$ 3,000.00$ -$ 66,181.00$
1,367,892.18$ 248,851.28$ 79,854.04$ 245,145.56$ 25,506.99$ 1,967,250.05$
FCG WSP HES Twining Wagner Total
Original Contract Amount 959,628.69$ 255,664.90$ 127,868.05$ 86,759.02$ 25,562.99$ 1,455,483.65$
Billed to October 2023 930,444.18$ 182,851.28$ 59,854.04$ 186,145.56$ 25,506.99$ 1,384,802.05$
Remaining After October 2023 29,184.51$ 72,813.62$ 68,014.01$ (99,386.54)$ -$ 70,681.60$
Additional Funds 437,448.00$ 66,000.00$ 20,000.00$ 59,000.00$ -$ 582,448.00$
Revised Contract Amount
Remaining Budget (408,263.49)$ 6,813.62$ 48,014.01$ (158,386.54)$ 56.00$ (511,766.40)$
Title Regular OT DT
RE $233.99 $350.99 $467.98
Inspector $147.79 $221.69 $295.58
OE $98.52 $147.78 $197.04
Name
AB Fakhouri
Gary Foster
Jasmine Fakhouri
556
RESOLUTION NO. 2024-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL
YEAR 2023/24 BUDGET TO APPROPRIATE $600,000
FROM THE CITYWIDE TRAFFIC MITIGATION FUND
(2002) FOR THE PRINCETON AVENUE IMPROVEMENT
PROJECT (C0020)
WHEREAS, on February 16, 2022, the City Council adopted Resolution No.
2022-4075, amending Fiscal Year (FY) 2021/22 Budget to fund the Princeton Avenue
Improvement Project (C0020) with a total project budget of $18,304,969; and
WHEREAS, City Council Resolution No. 2022-4075 appropriated funds from the
Citywide Traffic Mitigation Fund (2002) to the Princeton Avenue Improvement Project;
and
WHEREAS, on June 21, 2023, the City Council adopted the Operating Capital
Improvement Budget for FY 2023/24; and
WHEREAS, on January 3, 2024, City staff presented to the City Council a staff
report requesting approval of a budget amendment of $600,000 from the Citywide
Traffic Mitigation Fund (2002) to fund and augment Construction Management and
Inspection Services for the Princeton Avenue Improvement Project (C0020); and
WHEREAS, Exhibit A hereof appropriately describes the above budget
amendment; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A Budget Amendment to appropriate $600,000 from the Citywide
Traffic Mitigation Fund (2002), as more particularly described in Exhibit A, attached
hereto, is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 3rd day of January, 2024.
________________________________
Chris R. Enegren, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Exhibit A – Budget Amendment
ATTACHMENT 2
557
FUND BALANCE ALLOCATION:
Fund-Account Number Amount
2002-000-00000-33990 15,897,910.58$
Total 15,897,910.58$
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
2002-311-C0020-55300 511,784.51$ 600,000.00$ 1,111,784.51$
Total 511,784.51$ 600,000.00$ 1,111,784.51$
Fund Title
CITYWIDE TRAFFIC MITIGATION FUND
EXHIBIT A
BUDGET AMENDMENT FOR
CITYWIDE TRAFFIC MITIGATION FUNDS ALLOCATION
FY 2023/2024
558