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Home My WebLink AboutAGENDA REPORT 2010 0602 CC REG ITEM 09B ITEM 9_.B. CITY OF MOOR°ARK,CAL.IFORNIK City Council Meeting .3t - 0 ACTION: &Mow M - MOORPARK CITY COUNCIL — — -- AGENDA REPORT TO: Honorable City Council FROM: Hugh R. Riley, Assistant City Manager BY: Jessica Sandifer, Management Anal DATE: May 17, 2010 (CC Meeting of June 2, 2 10) SUBJECT: Consider Amendment No.1 to Contract with Barnhart Balfour Beatty (formerly known as Douglas E. Barnhart, Inc.) for Construction Management Services for the Ruben Castro Human Services Center BACKGROUND On January 16, 2008 -the City Council authorized the release of a Request for Qualifications for Construction Management Services using the CM - Multiple Prime delivery method for the Ruben Castro Human Services Center (RCHSC). Using the CM – Multiple Prime delivery method the Construction Management Firm basically takes the place of a general contractor for a negotiated services fee and assists the city with obtaining separate bids for the numerous contract trades such as electrical, steel, plumbing, etc. in addition to the traditional construction management duties. On April 16, 2008, the City Council awarded a contract to Douglas E. Barnhart, Inc. (DEB) for $1,272,876. DISCUSSION At the time the contract was awarded to DEB, it was anticipated that the project would be out to bid and completed by December 2009. However, as the Council is aware, issues with the leases at the RCHSC, delayed the project for two years. During this delay, a number of issues occurred that are outside of the scope of the original agreement with DEB- 1) DEB senior staff provided services and participated in meetings that went beyond the scope of the original agreement in order to assist the City with securing tenants for the building. 2) Other DEB staff assigned to this project had to be demobilized, reassigned to other projects, or laid off. This requires re-mobilizing staff to work on the project, and bring all new and returning DEB staff up to speed on the project. 161 Honorable City Council June 2, 2010 Page 2 3) The City added an Emergency Generator to the project scope, which will need to be added to the estimates and front end documents. 4) The current Storm Water Pollution Prevention Plan (SWPPP) for the project will need to be modified to comply with the requirements of the New Construction General Permit DWQ 2009-009, which becomes effective July 1, 2010. 5) Douglas E. Barnhart, Inc. merged with Balfour Beatty Construction Company and is now known as Barnhart Balfour Beatty. FISCAL IMPACT Barnhart Balfour Beatty (BBB) is proposing a fee amendment for these additional items totaling $27,744, which would bring their total construction contract amount up to $1,300,620. It is important to note that at the time the Agreement was signed, the current construction cost for the Ruben Castro Human Services Center based on the Architect's estimate was $10.1 million. BBB's fee for Construction Management is based on 4% of the construction cost. The proposed fee for the not-to-exceed amount is based on a probable construction cost of $13.9 million. If the actual construction cost is lower, the fee for Construction Management will be reduced, which may result in a lower total contract amount. There are sufficient funds in the current project budget to pay for this increased cost. STAFF RECOMMENDATION (ROLL CALL VOTE) Approve Amendment No. 1 with Barnhart Balfour Beatty memorializing ownership change from Douglas E. Barnhart, Inc. to Barnhart Balfour Beatty and increasing the amount of their Agreement by $27,744 from $1,272,876 to $1,300,620 and authorize the City Manager to execute said amendment, subject to final language approval by the City Manager and City Attorney. Attachment 1 —Amendment No.1 162 FIRST AMENDMENT TO AGREEMENT FOR SERVICES THIS FIRST AMENDMENT TO THE AGREEMENT FOR SERVICES ("First Amendment'), is made and entered into this day of 2010, ("the Effective Date") between the City of Moorpark, a municipal corporation, hereinafter referred to as "CITY", and Barnhart Balfour Beatty, a California Corporation, hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, on June 2, 2008, the CITY and the CONSULTANT entered into an Agreement for construction management services for the Ruben Castro Human Services Center; and WHEREAS, City and Consultant find it necessary to amend that Agreement to memorialize the change in ownership of Douglas E. Barnhart, Inc., now owned by Barnhart Bafour Beatty as described herein; and WHEREAS, additional services not covered by the original Agreement are needed: 1. Project Re-Mobilization - $17,080 2. Tenant Procurement Assistance - $3,984 3. Add Generator to Project Scope - $2,480 4. Modify SWPPP - $4,200 NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: Complete the Ruben Castro Human Services Center consistent with the original contract, per Agreement Number 2008-090, to be completed by Barnhart Balfour Beatty, according to the updated letter from Consultant dated May 17, 2010, explaining change in business name and ownership of "Douglas E. Barnhart, Inc." to "Barnhart Balfour Beatty" as identified in Exhibit "A", as attached. CITY does hereby appoint CONSULTANT in a contractual capacity to perform the services in addition to the scope of services of the original agreement, in accordance with Exhibit "B" of First Amendment, with the authorities, and responsibility ordinarily granted to this type of work. Professional Services Agreement Page 1 of 2 First Amendment Between City of Moorpark and Barnhart Balfour Beatty 163 All other terms and conditions of the original agreement shall remain in full force and effect. CITY OF MOORPARK Barnhart Balfour Beatty By: By: Steven Kueny Tex Barnhart. City Manager Chief Operating Officer Date: Date: ATTEST: Deborah S. Traffenstedt, City Clerk Professional Services Agreement Page 2 of 2 First Amendment Between City of Moorpark and Barnhart Balfour Beatty 164 EXHIBIT A barnhart Balfour Beatty Oxn.ud CA PAIni De>eri CA HIYPIS-(1f(.A .jq-I CA San Diego.CA May 17,2010 Jessica Sandifer Management Analyst Assistant City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 5803200 Ruben Castro Human Services Center Moorpark,CA Name Change Dear Jessica, As of January 2010, Barnhart became Barnhart Balfour Beatty. We will continue providing services to the City of Moorpark under the terms of our existing agreement between the City of Moorpark and Douglas. E. Barnhart. Inc. Please issue a contract amendment reflecting our name change to Barnhart Balfour Beatty. Please call me if you have any questions. Thanks. Sincerely, Chris Haga Senior Vice President Corporate Headquarters 18')R 3RD 11?0() t-4b8 385 8'U 1 i Ll ffi?1"O'nm n(�Iuatl 0 e.;0 CA q?:J1 -(,- ,eNr 73y4O7 165 EXHIBIT B ( 1 of 2 ) barni-hart Balfour Beatty Palm DPSen.CA ;an P ego.CA Tv'Gn CA Oxnard,CA 1005983 1550 f 8115 983 7249 Ion[ Fsr,lanaile Cave 5mle 350 Oxnard.CA 93036 April 26,2010 Hugh R. Riley Assistant City Manager 799 Moorpark Ave. Moorpark CA 93021 8032 Ruben Castro Human Services Center City of Moorpark Additional Services Proposal-Extended Pre-Construction Services Dear Hugh, To follow up on our conversation, Barnhart submits this proposal for additional services related to our contract.The three components to this proposal are outlined below: Project Suspension Our contract included fixed General Condition costs to fumish Pre-Constriction and Bidding services over a continuous four month period. Based upon the State budget crisis and the resultant loss of a project tenant. our work on the project was suspended for approximately 14 months. Prior to suspension, Bamhart had completed front end documents and was awaiting authorization to be from the City to proceed with bidding. Due to demobilization, Barnhart staff assigned to the project prior to the suspension was laid off.Together with the 14 month suspension, the reassignment of other new staff to the project has resulted in a loss of continuity. We propose to both bring new staff up to speed on the project, and to fumish a complete review of the front end documents to ensure that changes to the plans due to tenant re-procurement and other design/specification changes made over the last 14 months are coordinated for a fixed fee of$17.080. Tenant Rerrocurement During the demobilization period, Barnhart furnished additional services to assist the City in evaluating the impact of potential design changes required to secure multiple replacement tenants.These services included representation at meetings and modification of the estimate to support tenant reprocurement activities.We propose a reimbursement of$3,984 as compensation for these completed services. Added Generator An emergency generator will be added to the project scope. Barnhart proposes a fixed fee of$2,480 to incorporate this new scope into the front end documents. It is understood that the generator will likely be added into the project as Addendum#1, after the project is put out to bid. Corporate Headquarters f 85R 385 8200 f 958 385 8201 107601Immnum Road Sao Dcgn.CA 92121 IILUUSe Nu 439107 166 barnhart Ballow Beatty Total The total fixed fee for these three services is $23,544. A breakdown by phase is attached. Should this meet your approval,please issue a contract amendment. Thanks again for giving Barnhart the opportunity to serve the City of Moorpark. Sincerely, A�- Chris Haga Senior Vice President Distribution: Jessica Sandifer,Management Analyst, City of Moorpark Dennis Kuykendall, Senior Project Manager,Barnhart Attachment: Summary of Additional Work 167 Project Suspension 14 month project suspension J staff reassignment/loss of continuity/remobilization Project Manager 56 hrs $84.00 /hr $4,704.00 Superintendent 56 hrs $71.00 /hr $3,976.00 Coordinating Supervisor 56 hrs $94.00 /hr $5,264.00 Risk Manager 32 hrs $98.00 /hr $3,136.00 Subtotal $17,080.00 Tenant Reprocurement Tenant reprocurement assistance during suspension Project Manager 16 hrs $84.00 /hr $1,344.00 Superintendent/ Estimator 16 hrs $71.00 /hr $1,136.00 Coordinating Supervisor 16 hrs $94.00 /hr $1,504.00 Subtotal $3,984.00 New Scope Coordinate-added generator into front-end documents Project Manager 16 hrs $84.00 /hr $1,344.00 Superintendent 16 hrs $71.00 /hr $1,136.00 Coordinating Supervisor hrs $94.00 /hr $0.00 Subtotal $2,480.00 TOTAL $23,544.00 168 EXHIBIT B ( 2 of 2 ) barnf-hart Balfour Beatty Palm Oeseu.CA Rwersrde.CA April 26,2010 San orego.CA tvun CA Oxnard,CA 1 805 983 1558 i Wi 983 774y 31101 Esplanade Dr,%,, Stole 350 Ihnxd.CA 93016 Hugh R. Riley Assistant City Manager 799 Moorpark Ave. Moorpark CA 93021 8032 Ruben Castro Human Services Center City of Moorpark Additional Services Proposal-SWPPP Modifications Dear Hugh, To follow up on our conversation, Barnhart submits this proposal for additional services related to our contract. Modifications to SWPPP It will be necessary to modify the current SWPPP to comply with the requirements of the new Construction General Permit DWQ 2009-0009 which becomes effective July 1, 2010. This needs to happen prior to the release of bid documents, as the SWPPP will be a necessary part of the bid documents. Geosphere who completed the 1/27/2009 report, is now part of Barnhart.A proposal letter from Yolanda Yea), Project Environmental Specialist is attached. Please note that there are two components to this proposal. The amount required for modifications and preparation for electronic filing is $2,700. The $1,500 is an optional amount for a full day of informational training open to City staff, project staff, and the selected trade contractor for purposes of understanding compliance requirements and how to avoid fines and penalties. Thanks again for giving Barnhart the opportunity to serve the City of Moorpark. ;Sinc ly, Chris Haga Senior Vice President Distribution: Jessica Sandifer, Management Analyst,City of Moorpark Dennis Kuykendall. Senior Project Manager, Barnhart Attachment: Barnhart proposal dated 03/02/2010 Corporate Headquarters 1 858 385 8200 1 058 305 8201 10160 ihornmun RUdO San rhqu.CA 97127 iwemr No.439407 169 March 2, 2010 TO. Hugh R. Riley Assistant City Manager Public Information Officer 799 Moorpark Ave. Moorpark, CA 93021 RE: Ruben Castro Human Services Center—City of Moorpark I have carefully reviewed the SWPPP prepared by Geosphere dated 1/27/2009 and have identified the following modifications that will be necessary to ready this document for electronic submittal per the requirements of the new Construction General Permit DWQ 2009-0009 coming into effect on July 1, 2010. Done PAGE ITEM Add Qualified SWPPP Developer Statement Add to Purpose of SWPPP BMP Monitoring, Visual Monitoring for pollutants, Rain Event Action Plan, Construction Site Monitoring Add to page ii program Information on Stormwater Multi Application Report Tracking System Add (SMARTS) and Permit Registration Documents (PRDs) Numeric Effluent Limits and Numeric Action Level Compliance Reporting Add information Add Annual Report Information Add New Verbiage regarding Notice of Termination Add Risk Determination Calculations Section 5.0 Post-Construction BMP measures to be installed description Revise and measure for short term and long term maintenance. 1 170 Done PAGE ITEM J Revise Section 6.0 Monitoring, Inspection, and Maintenance Revise Training Requirements Revise Handout Inspection Log Add Handout Rain Event Action Plan Template Add Handout Construction Site Monitoring Program Add Handout Checklist for Permit Registration Documents Add Handout Checklist for Annual Report Compliance Add Handout Exceedance Report and Corrective Action Report Add List of Contractors and Subcontractors Approx. time for updates: 30hours at 90/hr = $2,700 Optional Training Fee 8 hours = $1,500 Thank You, Yolanda Leal Barnhart Inc. CPESC-IT#5610, CISEC#0440 Project Environmental Specialist 2 171