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Home My WebLink AboutAGENDA REPORT 2013 0605 CCSA REG ITEM 10H ITEM 10.H. city Council Meeting MOORPARK CITY COUNCIL AGENDA REPORT ACTIOW Zu'd F_ .3 - 1 'i--if TO: Honorable City Council FROM: Hugh R. Riley, Assistant City ManAae4-'11,� .0 DATE: May 15, 2013 {CC Meeting of 6/512013) SUBJECT: Consider Amendment No. 3 to the Agreement with Southwest Testing, dba Vertical-V Testing Engineer at the Ruben Castro Human Services Center; and Consider Resolution Amending the Fiscal Year 2012/13 Budget to Appropriate $16,100 from the RDA-SA 2006 TAB Proceeds Fund 9104 to Cover the Cost of Amendment No. 3 to the Southwest Testing Agreement BACKGROUND & DISCUSSION The Ruben Castro Human Services Center (RCHSC) was being constructed as a multiple-prime contract project with construction management provided by Barnhart Balfour Beatty Construction (Balfour-Beatty). Requests for Proposals were received to provide Materials Testing, Special Inspection Services and Geotechnical Services for the project. The City entered into a Professional Services Agreement with Southwest Testing Engineers, dba Vertical—V Engineer on February 25, 2011, to provide said services. During the course of construction, direction was provided by the City to modify and extend storm drain collection systems to the project site. Said changes resulted in modifications to the previously designed onsite grading elevations and underground utilities, referenced as HMC Architects Instruction Bulletin # 9. In order to complete the modifications to work already in place, additional observation and oversight was required to provide re-inspection, soils re-testing and geotechnical services to confirm compliance of work. There have been two (2) amendments issued for changes, modifications, and construction alterations requested or required during the course of construction. A recap of the original contract and amendments issued to date is provided on the following page. 467 Honorable City Council June 5, 2013 Page 2 Original Contract $ 156,151.50 Amendment No. 1 $ 13,795.00 Amendment No. 2 $ 5,486.00 Current Agreement Amount $ 175,432.50 Amendment No. 3 Modifications to onsite grading and utilities $ 16,080.40 Revised Agreement Amount $ 191,512.90 Currently there is no contingency remaining within the Professional Services Agreement with Southwest Testing Engineers, Inc, dba Vertical -- V Engineering. The cost for the additions, revisions, and associated labor and materials is $16,080.40, which exceeds the available contingency; therefore, staff is seeking the approval of this additional amount. FISCAL IMPACT The construction of the Ruben Castro Human Services Center (CIP 5020) and the Southwest Testing, dba Vertical—V Testing Engineer contracts are included in the approved Recognized Obligation Payment Schedule III (ROPS III) for the period January 1, 2013, to June 30, 2013. However, there are no available appropriations to cover the cost of Amendment No. 3. A budget amendment of $16,100 is required from the RDA-SA 2006 TAB Proceeds Fund (Fund 9104). This fund is estimated to have $2,986,343 fund balance at year-end with the proceeds from the sale of Building A to the County of Ventura. STAFF RECOMMENDATION ROLL CALL VOTE 1. Approve Amendment No. 3 to Southwest Testing Engineers, Inc, dba Vertical—V Engineering. 2. Adopt Resolution No. 2013 amending the FY 2012/13 Budget to appropriate $16,100 from the RDA-SA 2006 Tab Proceeds Fund (9104) to cover the cost of Amendment No. 3 to the Southwest Testing Engineers, Inc, dba Vertical—V Engineering. Attachments: 1. Amendment No. 3 to Southwest Testing Engineers, Inc, dba Vertical—V Engineering 2. Resolution No. 2013- 468 THIRD AMENDMENT TO AGREEMENT 2011-415 FOR MATERIALS TESTING & SPECIAL INSPECTION SERVICES AT THE RUBEN CASTRO HUMAN SERVICES CENTER THIS THIRD AMENDMENT TO THE AGREEMENT FOR MATERIALS TESTING, SPECIAL INSPECTION AND GEOTECHNICAL SERVICES ("Third Amendment"), is made and entered into this day of , 2013, ("the Effective Date") between the City of Moorpark, a municipal corporation, hereinafter referred to as "CITY", and Testing Engineers Southwest, Inc., dba Vertical-V Testing Engineers, Inc., a California corporation, hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, on February 25, 2011, the CITY and the CONSULTANT entered into an Agreement for material testing, special inspection and geotechnical services for the Ruben Castro Human Services Center, and WHEREAS, on April 6, 2012, the CITY and the CONSULTANT executed a First Amendment for material testing, special inspection and geotechnical services for the Ruben Castro Human Services Center; and WHEREAS, on April 18, 2012, the City Council of the City of Moorpark provided approval for additional funding for material testing, special inspection and geotechnical services for the Ruben Castro Human Services Center; and WHEREAS, on May 21, 2012, the CITY and the CONSULTANT executed a Second Amendment for material testing, special inspection and geotechnical services for the Ruben Castro Human Services Center; and WHEREAS, the CITY wishes to amend the Agreement to include additional materials testing and special inspection services associated with various onsite grading and underground utility modifications which were affected by the offsite storm drain modifications and additional scope associated with the Ruben Castro Human Services Center at a cost not-to-exceed sixteen thousand eighty dollars and forty cents ($16,080.40) as described in the revised Proposal dated April 30, 2013, and incorporated herein as Exhibit E to the Agreement by this Third Amendment; and WHEREAS, this amount is above the ten percent (10%) contingency amount approved with the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto AMEND the aforesaid Agreement follows: Professional Services Agreement Page I of 2 Third Amendment Between City of Moorpark and Testing Engineers Southwest, Inc. dba Vertical-V 469 I. Section 2 of the Agreement is amended to include: Consultant's Scope of Services is amended to provide additional materials testing and special inspection services associated with the onsite grading and underground utility modifications provided in HMC Architects Instruction Bulletin #9. Instruction Bulletin #9 resolves coordination and modification of final on site grading elevations and underground utilities resulting from the modifications and additional scope of storm drain located within Spring Road. The Scope of Services for the additional testing and inspection services is described in the Consultant's Proposal dated April 30, 2013, attached hereto and incorporated herein as Exhibit E to the Agreement by this Third Amendment. II. Section 5 of the Agreement is amended to include: CITY hereby increases the not-to-exceed amount of $175,432.50 under this Agreement by $16,080.40 to $191,512.90. III. Remaining Provisions All other terms and conditions of the original Agreement shall remain in full force and effect. CITY OF MOORPARK VERTICAL V TESTING ENGINEERS, INC. By: By: Steven Kueny Scott Moors, CEG 1901 City Manager President ATTEST: Maureen Benson, City Clerk Exhibit E — Consultant's Proposal dated April 30, 2013 Professional Services Agreement Page 2 of 2 Third Amendment Between City of Moorpark and Testing Engineers Southwest, Inc. dba Vertical-V 470 EXHIBIT E NIV15 STCLASS-VERTICALFIVE April 30,2013 Project No. : 45011-001037.00 Barnhart Balfour Beatty,Inc. 300 E. Esplanade Sr., Ste. 350 Oxnard, CA 93036 ATTENTION: Dennis Kuykendall, Sr. Project Manager SUBJECT: Proposal for Materials Testing and Inspection for the Ruben Castro Human Services Center and SnrinLy Road Storm Drain,Moorpark BTC LABS-Vertical V is pleased to submit this change order request for the referenced project. The following is a summary of variances from your original project estimate. As indicated,there was a large variance in the soils hours versus what was estimated and smaller variances in the shop welding and masonry inspection hours. Hourly Proposal Est. Actual Reg. Actual Variance Variance Cost* Rate (Hrs) (Hrs) O.T. Hrs* Concrete Inspection/Tech/Non-Shrink Grout $ 76 336 258.5 9.75 -62.9 $ (4,779) Field Welding Inspection $ 76 852 591 9 -247.5 $ (18,810) Shop Welding Inspection $ 69 320 296.5 55.5 59.75 $ 4,123 Non-Destructive Testing(NDT) $ 80 20 43.5 23.5 $ 1,880 Masonry Inspection $ 76 164 210 4 52 $ 3,952 Soils/Asphalt Inspection&Testing $ 78 232 596 11 380.5 $ 29,679 Epoxy Inspection $ 76 20 8.5 -11.5 $ (874) Anchor Pull Testing $ 76 32 8.5 -23.5 $ (1,786) Project Management/Engineering $ 120 14 40.25 26.25 $ 3.150 Totals: 1990 2052.75 89.25 196.625 $ 16,535 * Hours a normalized to regular time hours,i.e.OT hrs are multiplied by 1.5. Negative means actual hours were less than our estimate. Our currently authorized budget and the currently anticipated change order amount are summarized below. Summary of Budget Status Current Authorized Budget: $ 175,432.50 Total Accumulated Charges: $ 191,512.90 This Change Order Request: $ 16,080.40 BTC Labs appreciates the opportunity to be of service. If you have any questions, please do not hesitate to contact us. Respectfully Submitted, BTC LABS-Vertical Fiv Reviewed By, Scott Moors,CEG 1901 Carol Harrison Pres' ent / Marketing Manager BTC LABS-Vertical Five An NV5,Inc.Company 1868 Palma Drive,Suite A,Ventura,CA 93010 www.NV5.com Phone: (805) 656-6074 Fax(805) 650-6264 Offices Nationwide 471 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2012/13 BUDGET TO APPROPRIATE $16,100 FROM THE RDA-SA 2006 TAB PROCEEDS FUND (9104) TO COVER THE COST OF AMENDMENT NO. 3 TO SOUTHWEST TESTING, DBA VERTICAL-V TESTING ENGINEER AGREEMENT WHEREAS, on June 20, 2012, the City Council adopted the Operating and Capital Improvement Budget for Fiscal Year 2012/13; and WHEREAS, on October 14, 2012, the State of California Department of Finance approved the Recognized Obligation Payment Schedule III (ROPS III) for the period January 1, 2013, through June 30, 2013; which included the Ruben Castro Human Services Center Project (CIP 5020) and the obligation to Southwest Testing, dba Vertical-V Testing Engineer for materials testing, special inspection services, and geotechnical services; and WHEREAS, a staff report has been presented to City Council discussing the changes requested or required during the construction CIP 5020 and the need to execute Amendment No. 3 to the Agreement with Southwest Testing; and WHEREAS, an additional appropriation of $16,100 is requested from the RDA- SA 2006 TAB Proceeds Fund (Fund 9104) to cover the cost of Amendment No. 3; and WHEREAS, Exhibit "A" hereof describes said budget amendment and its resultant impacts to the budget line item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment allocating $16,100 from the RDA-SA 2006 TAB Proceeds Fund (Fund 9104) for the modifications covered in Amendment No. 3 to the Agreement with Southwest Testing, 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. 472 Resolution No. 2013- Page 2 PASSED AND ADOPTED this Stn day of June, 2013. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Attachment: Exhibit A— Budget Amendment 473 Resolution No. 2013- Page 3 EXHIBIT A BUDGET AMENDMENT FOR RDA-SA 2006 TAB PROCEEDS FUND 9104 TO COVER THE MODIFICATIONS IN AMENDMENT NO. 3 OF THE AGREEMENT WITH SOUTHWEST TESTING, DBA VERTICAL-V TESTING ENGINEER FOR THE CONSTRUCTION OF THE RUBEN CASTRO HUMAN SERVICES CENTER PROJECT 5020 FY 2012/13 FUND ALLOCATION FROM: FUND TITLE FUND ACCOUNT NUMBER AMOUNT RDA-SA 2006 TAB Proceeds 9104-5500 $16,100 Total $16,100 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: 9101-2411-5020-96-03 $3,020.00 $0.00 $3,020.00 9101-2411-5020-9620 ($1,278,992.55) $0.00 ($1,278,992.55 9104-2411-5020-9601 $58,980.35 $0.00 $58,980.35 9104-2411-5020-9603 $18,152.67 $0.00 $18,152,67 9104-2411-5020-9620 $188,558.54 $16,100.00 $204,658.54 9104-2411-5020-9625 $58,372.50 $0.00 $58,372.50 9104-2411-5020-9632 $10,451.16 $0.00 $10,451.16 9104-2411-5020-9650 $427,000.00 $0.00 $427,000.00 Total $2,069,996.73 $16,100.00 $2,086,096.73 Finance approval: 474