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Home My WebLink AboutAGENDA REPORT 2017 0315 CCSA REG ITEM 10F ITEM 10.F. CITY OF MOORPARK,CALIFORNIA City Council Meeting MOORPARK CITY COUNCIL ACTION: AGENDA REPORT , TO: Honorable City Council FROM: Sean Corrigan, P.E., City Engineer/Public Works Director A-, Prepared by: Shaun Kroes, Program Manager DATE: March 3, 2017 (CC Meeting of 03/15/17) SUBJECT: Consider Amendment No. 3 to Agreement with Filippin Engineering, Inc., for Additional Construction Management and Inspection Services BACKGROUND On September 13, 2013, the City of Moorpark (Moorpark) executed an Agreement with Filippin Engineering, Inc. (Filippin), for construction management and inspection services of the State Highway 118 (Los Angeles Avenue) Widening from Maureen Lane to Leta Yancy Road (Project 8058) for a not-to-exceed amount of$135,462. The Agreement has been amended twice, as detailed below: 1. Amendment No. 1 (executed March 27, 2015) increased the maximum Agreement compensation $70,000 (from $135,462 to $205,462) for additional work performed above the original scope of services and an increase in hourly rates that occurred between 2013 and 2015. 2. Amendment No 2 (executed October 14, 2016) increased the maximum Agreement compensation $40,000 (from $205,462. to $245,462) for additional inspection services required due to additional work of Project 8058's Contractor (Griffith Company) required by Caltrans and Calleguas Municipal Water District. DISCUSSION Filippin Engineering has informed City staff that in order to complete closeout of the project, Filippin needs additional funding in the amount of $14,000. A summary of the additional work is provided below: 1. Additional construction management time to meet with City, Caltrans, and Contractor to review curb and gutter cracking related to lean concrete base (LCB) reflective cracking and to develop a Caltrans acceptable curb and gutter repair method. 50 Honorable City Council March 15, 2017 Page 2 2. Additional construction management and inspection time to observe curb and gutter removal work and determine that reflective cracking from LCB was the cause and report back to the City. 3. Additional construction management time to meet with Caltrans to accept the curb and gutter repair work and accept the project work. 4. Additional construction management time for reviewing Contractor extra work requests. FISCAL IMPACT Amendment No. 3 will increase Filippin's Agreement an additional $14,000. There are sufficient funds in expense line 2014.311.00030.55200. The project is funded by the Los Angeles Avenue Area of Contribution — (Fund 2014). The developer of the property fronting the project, Pacific Communities, will be conditioned to reimburse the City for its costs to construct this project. STAFF RECOMMENDATION Authorize the City Manager to sign Amendment No. 3 to the Agreement with Filippin Engineering, Inc., for Construction Management and Inspection Services, increasing the Agreement $14,000 for a total not to exceed amount of $259,462, subject to final language approval by the City Manager. Attachment: Amendment No. 3 51 AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND FILIPPIN ENGINEERING, INC., 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. 3 to the Agreement between the City of Moorpark, a municipal corporation ("City"), and Filippin Engineering, Inc., a corporation ("Consultant"), for construction management and inspection services ("Agreement"), is made and entered into the day of , 2017. RECITALS WHEREAS, on September 13, 2013 the City and Consultant entered into an Agreement to have the Contractor provide construction management and inspection services; and WHEREAS, on March 27, 2015 the City and Consultant executed Amendment No. 1 to the Agreement to increase the maximum Agreement compensation by seventy thousand dollars ($70,000) to account for Consultant's hourly rate increase for a total amount not to exceed two hundred five thousand four hundred sixty-two dollars ($205,462), and to correct the Consultant's official company name; and WHEREAS, on October 14, 2016, the City and Consultant executed Amendment No. 2 to the Agreement to increase the maximum Agreement compensation by forty thousand dollars ($40,000) to account for additional inspection services required due to additional work required by the California Department of Transportation for an additional layer of Class III Aggregate Base for the road and a protective concrete cap; and WHEREAS, additional funds are necessary for the Consultant to complete contract closeout of the project as detailed in Exhibit E; and WHEREAS, the City and Consultant now desire to amend the Agreement to increase the compensation for services to be performed by Consultant from two hundred forty-five thousand four hundred sixty-two dollars ($245,462), by a value of fourteen thousand dollars ($14,000) for a total contract value of two hundred fifty-nine thousand four hundred sixty-two dollars ($259,462) and document said agreement to amend by jointly approving Amendment No. 3 to the Agreement. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: I. The third paragraph of Section 2, SCOPE OF SERVICES, is amended by replacing this paragraph in its entirety as follows: "Compensation for services to be performed by Consultant shall be in accordance with Exhibit B, Exhibit C, Exhibit D, and Exhibit E. Compensation shall not exceed the rates or total contract value of two hundred fifty-nine thousand four hundred sixty-two dollars ($259,462) as 52 stated in Section 5, without the written Amendment to this Agreement executed by both parties. Payment by the City to the Consultant shall be in accordance with the provisions of this Agreement." II. The second paragraph of Section 5, PAYMENT, is amended by replacing this paragraph 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, Exhibit C, Exhibit D, and Exhibit E, based upon actual time spent on the above tasks. This amount shall not exceed two hundred fifty-nine thousand four hundred sixty-two dollars ($259,462) for the term of this Agreement unless additional payment is approved as provided in this Agreement." III. Remaining Provisions: Except as revised by this Amendment No. 3, 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 FILIPPIN ENGINEERING, INC. Steven Kueny Gino P. Filippin City Manager President Attest: Maureen Benson City Clerk 5 3 Amendment No. 3 to Agreement between City of Moorpark and Filippin Engineering. Page 2 Exhibit E _ , ._'EERING February 28,2017 LA Avenue Road Widening;FE No: 131601 City of Moorpark Public Works Department 799 Moorpark Avenue Moorpark,CA 93021 Attn: Sean Corrigan,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. Corrigan: Filippin Engineering(FE)has exceeded our contract amount for construction management, inspection,and materials testing services on the State Highway 118(Los Angeles Avenue)Widening from Maureen Lane to Leta Yancy Road project. FE is requesting that the City authorize additional funds to provide construction management and inspection services to complete contract closeout of the project.The reasons that we are requesting additional authorization are due to additional task that were requested by the City that were not included in our original scope of services.The following tasks were performed that were not included in our original scope of services: 1. Additional Construction Management time to meet and confer with City,Caltrans,and Contractor to review curb and gutter cracking related to LCB reflective cracking and to develop and Caltrans acceptable curb and gutter repair method. 2. Additional Construction Management and Inspection time to observe curb and gutter removal work and determine that reflective cracking from LCB was the cause and report back to the City. 3. Additional Construction Management time to meet with Caltrans to accept the curb and gutter repair work and accept the project work. In addition,Griffith Construction has submitted extra work requests that still need to be reviewed and resolved to close out the construction contract. Based on the extent of the extra work requests and documentation provided, FE estimates$14,000 in additional contract authorization to cover the cost of additional work related to the LCB reflective cracking of the curb and gutter and to complete the review of and prepare a Contract Change Order for the submitted extra work requests 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. POFESS/0� ZINlG cc -43 Kevin Connors,P.E. * EXPIRES 6/30/17 Principal Engineer sTq civiV. '\- R.C.E.43862 TF of ce,0` 54