HomeMy WebLinkAboutAGENDA REPORT 2015 0304 CCSA REG ITEM 10E ITEM 10.E.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL ACTION: tovid
AGENDA REPORT �, _ s._T_�
BY: %'h iTp �.-
TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director
DATE: February 20, 2015 (CC Meeting of 3/4/15)
SUBJECT: Consider Amendment No. 1 to Agreement with Filippin Engineering
for Construction Management and Inspection Services for the
Widening of Los Angeles Avenue Between Maureen Lane and Leta
Yancy Road (Project 8058)
DISCUSSION
On July 17, 2013, the City Council authorized the City Manager to award a consultant
agreement (Agreement) for construction management, inspection and material testing
services for the subject project to Filippin Engineering (Filippin) in an amount not to
exceed $135,462.00. The Agreement was fully executed on September 13, 2013.
Construction of the project has been delayed due to the requirement to obtain an updated
encroachment permit from Caltrans. Filippin provided additional engineering services
beyond the original scope of work of their Agreement to assist the City with obtaining the
Caltrans permit. The cost of the additional engineering services is $42,642.07. Filippin
has requested to apply their current 2015 billing rates to their original 2013 scope of work,
resulting in an increase of $25,488.00. The attached amendment to the Agreement is
recommended to increase the amount of the Agreement by $70,000.00 for a total not-to-
exceed amount of $205,462.00. The amendment also includes a correction to the
Agreement to use Filippin's full name, Filippin Engineering, Inc.
The City has obtained the Caltrans permit, and on February 18, 2018, the City Council
awarded an agreement for construction of the project to Griffith Company. Construction
is expected to begin in March 2015, and be completed by the end of August 2015.
FISCAL IMPACT
The total increase in fees for this Amendment is $70,000.00 which is available in the FY
2014/15 Budget for the project; therefore a budget amendment is not required.
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Honorable City Council
March 4, 2015
Page 2
STAFF RECOMMENDATION
Authorize the City Manager to sign Amendment No. 1 to the Agreement with Filippin
Engineering for Construction Management and Inspection Services for the Widening of
Los Angeles Avenue Between Maureen Lane and Leta Yancy Road (Project 8058),
subject to final language approval by the City Manager and City Attorney
Attachment:
Amendment No. 1
S:\Public Works\EveryonelReports\Staff Reports\2015\March\3-4-2015(Filippin Amend. No. 1 L.A.Ave.Widening 8058).doc 62
Attachment
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND
FILIPPIN ENGINEERING FOR CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES FOR STATE HIGHWAY 118 (LOS ANGELES AVENUE) WIDENING FROM
MAUREEN LANE TO LETA YANCY ROAD PROJECT 8058
This Amendment No. 1 to the Agreement between the City of Moorpark, a
municipal corporation in the County of Ventura, State of California, hereinafter referred
to as "City" and Filippin Engineering, a professional corporation, hereinafter referred to
as "Consultant", is made and entered into this day of , 2015.
Whereas, on September 13, 2013, the City and Consultant entered into an
Agreement for construction management and inspection services for the Los Angeles
Avenue Widening from Maureen Lane to Leta Yancy Road, Project No. 8058, for total
compensation not to exceed $135,462 (Agreement); and
Whereas, Additional services are required beyond the Scope of Work included in
the Agreement; and
Whereas, the City now desires to add the required additional services and add
$70,000 to the maximum Agreement compensation for a total amount not to exceed
$205,462; and
Whereas, the Consultant submitted a proposal dated February 17, 2015 with a
Scope of Work and fee (Exhibit C) for the required additional services; and
Whereas, the Agreement does not use the full name of Consultant, Fillipin
Engineering, Inc.
Now, therefore, in consideration of the mutual covenants, benefits, and premises
herein stated, the parties hereto agree to amend the aforesaid Agreement as follows:
Section 2, Scope of Services, of the Agreement is amended to read, in its
entirety, as follows:
"City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide construction management and inspection services, as set
forth in Exhibit B and Exhibit C. In the event there is a conflict between the provisions of
Exhibit B and Exhibit C, and this Agreement, the language contained in this Agreement
shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit B and
Exhibit C. Consultant shall complete the tasks according to the schedule of performance
which is also set forth in Exhibit B and Exhibit C.
Compensation for the services to be performed by the Consultant shall be in
accordance with Exhibit B and Exhibit C. Compensation shall not exceed the rates or
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total contract value of two hundred five thousand four hundred sixty-two dollars
($205,462) as stated in Section 5 without a written Amendment to this Agreement
executed by both parties. Payment by City to Consultant shall be in accordance with the
provisions of this Agreement."
II. The second paragraph of Section 5, Payment, of the Agreement is amended to
read, in its entirety, as follows:
"The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms of payment as set forth in Exhibit B and Exhibit C, based upon actual
time spent on the above tasks. This amount shall not exceed two hundred five thousand
four hundred sixty-two dollars ($205,462) for the total term of this Agreement unless
additional payment is approved as provided in this Agreement."
III. • Consultant Name
The Agreement is amended to use Consultant's full name, Filippin Engineering,
Inc.
IV. Remaining Provisions
All other provisions of the aforesaid Agreement shall remain in full force and
effect.
In witness whereof, the parties hereto have executed this Amendment on the
date and year first above written.
CITY OF MOORPARK FILIPPIN ENGINEERING
Steven Kueny, City Manager Gino P. Filippin, President
Attest:
Maureen Benson, City Clerk
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EXHIBIT C
EERING
February 23,2015 LA Avenue Road Widening; FE No: 131601
City of Moorpark
Public Works Department
799 Moorpark Avenue
Moorpark,CA 93021
Attn: Dave Klotzle, P.E.
City Engineer/Public Works Director
SUBJECT: REQUEST FOR ADDITIONAL AUTHORIZATION FOR CONSTRUCTION MANAGEMENT&
INSPECTION SERVICES,STATE HIGHWAY 118(LOS ANGELES AVENUE)WIDENING FROM
MAUREEN LANE TO LETA YANCY ROAD
Dear Mr. Klotzle:
Filippin Engineering, Inc. (FE) is pleased to hear that the City of Moorpark is moving forward with the rebid
of the State Highway 118(Los Angeles Avenue) Widening from Maureen Lane to Leta Yancy Road. As you
are aware, in July 2013 FE submitted its proposal for construction management and inspection for the LA
Avenue Road Widening Project and was awarded a contract for the work in September 2013.
Subsequently,the start of the project construction work has experienced several delays that ultimately
resulted in the City rebidding the project. During the delay period the City asked FE to perform additional
services on a time and materials basis to assist in moving the project forward. The following tasks and
associated cost to date were performed that were not included in our original scope of services: Costs (to
date)associated with those expenditures is also noted:
1. PERFORM FIELD SURVEYS, PREPARE LEGAL DESCRIPTIONS,AND MAP EXHIBITS
FE hired WM Survey, Inc.as a subconsultant to perform surveying, mapping, and legal descriptions
for Calleguas Mutual Water District Easement,Caltrans Row Dedication, and Temporary
Construction Easement($2,325.75,WM Survey).
2. CALTRANS ADL STUDY
FE had Fugro Consultants, Inc.,our Materials Testing Subconsultant perform a Caltrans compliant
Aerial Deposited Lead Study as extra services to their subconsultant contract. The ADL study
included field testing,sampling, and lab analysis for aerial deposited lead (ADL) report and Caltrans
acceptance ($14,120.32, Fugro).
3. CALTRANS PERMIT PLAN REVISIONS
Plan delta revisions to incorporate Caltrans permit requirements into the plan set($2,442.00, FE).
4. FE COORDINATION OF EXTRA WORK
FE staff time involved with coordination and management of the extra work($8,055.25, FE).
TOTAL EXTRA SERVICES COST:$26,943.32.
In addition to the extra services FE also had additional staff charges associated with reviewing the contract
documents, preparing for two Pre-Construction meetings that were cancelled and coordination time
working with Sully-Miller to get them started on the project. FE's total charges to date for this work total
$15,698.75, which combined with the total extra services of$26,943.32,give a total charged to date to the
project of$42,642.07.
1 �
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MING
Below is the original fee breakdown from our July 2013 proposal.
70 Working Days Construction Manager Inspector Estimated
TASK ($148/hr) ($98/hr) Fee
Pre-Construction Phase (1 week) 60 hours 40 hours $12,800
Construction Phase(70 days or 14 224 hour 560 hours $88,032
Post-Construction Phase (1 week) 40 hours 20 hours $7,880
Reimbursable Expenses $500
Materials Testing(estimated at 2.5%of the engineer's estimate for construction) $25,000
FE Sub consultant Markup(5%) $1,250
TOTAL FE COSTS(per July 2013 proposal) $135,462
Please note that the above fee rates were developed in the last quarter of 2012 and since that time the
prevailing wage has increased approx.$4/hr for public works construction inspectors. In addition other
direct and indirect overhead costs have increased as well, in order to comply with State and Federal
mandates. Because this project will not begin until the second quarter of 2015,we are requesting the use
of our 2015 billing rates. These rates are$175/hour for our Principal Construction Manager and$125/hour
for our Senior Construction Inspector. Below is FE's revised fee proposal which includes our 2015 rates.
70 WORKING DAYS Construction Manager Inspector Estimated
Task ($175/hr) ($125/hr) Fee
Pre-Construction Phase(1 week) 60 hours 40 hours $15,500
Construction Phase(70 days or 14 weeks) 224 hour 560 hours $109,200
Post-Construction Phase(1 week) 40 hours 20 hours $9,500
Reimbursable Expenses $500
Materials Testing(estimated at 2.5%of the engineer's estimate for construction+5%sub consultant mark-up) $26,250
TOTAL FE COSTS(per February 2015 proposal) $160,950
The difference in cost between the July 2013 and this proposal ($160,950-$135,462) is$25,488,which
includes FE's rate escalation from 2012. FE is requesting this amount plus the cost of the upfront
unanticipated services and contract services to date in the amount of$42,642.07,for a total of$68,130.07
above the original contract amount of$135,462. The revised total not-to-exceed amount for Filippin
Engineering's services is$203,592.07.
Please let us know if you have any questions or would like to discuss this request further. I can be reached
at 805-451-8935 or you can contact Gino Filippin at 805-729-0041. We appreciate the opportunity to work
with you and the City, and we look forward to getting this project completed successfully.
FEss/
Respectfully, � j\ •1 •
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