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HomeMy WebLinkAbout06 - Approval of Amendment No. 1 to Professional Services Agreement with Fountainhead Consulting Corporation for Park Avenue Bridge Replacement Project Construction Management Services (15R20)CITY OF NEWPORT BEACH City Council Staff Report TO: FROM: PREPARED BY: PHONE: January 24, 2017 Agenda Item No. 6 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov Fong Tse, Assistant City Engineer, ftse@newportbeachca.gov 949-644-3321 TITLE: Approval of Amendment No. 1 to Professional Services Agreement with Fountainhead Consulting Corporation for Park Avenue Bridge Replacement Project Construction Management Services (15R20) ABSTRACT: The City Council at its February 23, 2016 regular meeting approved a Professional Services Agreement with Fountainhead Consulting Corporation to perform construction engineering/management and inspection services for the Park Avenue Bridge Replacement Project. Caltrans requirements and unforeseen construction conditions expanded Fountainhead's work scope and an agreement amendment is needed to reflect the additional work items and terms. RECOMMENDATION: a) Staff recommends the City Council find that construction management and inspection services are not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines. For the construction, a Mitigated Negative Declaration (MND) was adopted by the City Council on November 24, 2014. b) Approve Amendment No. 1 in the amount of $419,896.13 to the Professional Services Agreement with Fountainhead Consulting Corporation for construction engineering/management and inspection services for a new not -to -exceed total price of $1,264,643.87; and authorize the Mayor and City Clerk to execute the Amendment. FUNDING REQUIREMENTS: The funding of this Amendment is fully provided by a grant from the Federal Highway Administration, processed through the California Department of Transportation. 6-1 Approval of Amendment No. 1 to Professional Services Agreement with Fountainhead Consulting Corporation for Park Avenue Bridge Replacement Project Construction Management Services (15R20) January 24, 2017 Page 2 DISCUSSION: On February 23, 2016, the City entered into a Professional Services Agreement (PSA) with Fountainhead Consulting Corporation (Fountainhead) in the amount of $844,747.74 to perform construction engineering/management and inspection services for the Park Avenue Bridge Replacement Project. The PSA scope of work was based on the information available at that time. Bridge construction, which included the temporary bridge and utility relocation, began soon thereafter in March and April 2016. A cursory audit by California Department of Transportation (Caltrans) this past summer requested that staff change and increase the planned material testing and inspection methods for the construction. However, these methods specified by Caltrans staff were not specified in the Caltrans manuals and came at a significant additional cost. Public Works immediately began the work to secure additional Federal funding for these new costs. During the project, staff has maintained a high level of communication with the community as this project progressed through its different phases (utilities, temporary bridge, foundations, demolition, etc.). Feedback received from residents and the local public requested changes that impacted utilities, construction, schedules and operations. Ultimately, these changes have delayed the project and were above and beyond the work specified in the construction contract bid documents. As a result, Fountainhead's scope of work has increased in both number of hours and sub - consultant services. Public Works staff has worked closely with Fountainhead and Caltrans to revise the additional scope of work to perform these additional services and has found it acceptable. Staff, thereafter, aggressively pursued additional funding from the Federal Highway Administration (FHWA). This funding is administered by Caltrans. After several months of negotiations and processes, Caltrans recently notified staff that FHWA has approved the City's $419,896.13 additional funding request on a 100% reimbursement basis for the extra construction management/inspection costs. Bridge construction costs are expected to fall within the existing contract and contingency amounts. As such, there is sufficient federal funding to amend $419,896.13 to Fountainhead's original $844,747.74 PSA to a new, not -to -exceed amount of $1,264,643.87 to complete all of the required construction management and inspection tasks. The completion of the bridge is still on target for the end of March or early April 2017. In addition to the above-mentioned delays, foundation work and recent rainy weather has added many days of additional delay. Setting of pre -cast bridge beams and pouring concrete bridge decks are scheduled in the coming weeks. 6-2 Approval of Amendment No. 1 to Professional Services Agreement with Fountainhead Consulting Corporation for Park Avenue Bridge Replacement Project Construction Management Services (15R20) January 24, 2017 Page 3 ENVIRONMENTAL REVIEW: Construction management and inspection services are not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines. For the construction, a Mitigated Negative Declaration (MND) was adopted by the City Council on November 24, 2014. NOTICING: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. ATTACHMENTS: Attachment A - Location Map Attachment B - Amendment No 6-3 NORTH BAY FRONT w Z w wD9 w w w w w w w w` z Z ZZ) D D > > w w w w w Z Q Q Q Q Q ¢ Q > _I BALBOA AVENUE p w wJ Z Q z U Z Z OQ = 0 Z O w O = W Z Q Q 7 U)m BALBOA AVENUE wJ Z Q z U Z 0 Z O w O = W Z Q Q O PARK AVENUE BAY PROJECT LOCATIONS ® RENTED TEMPORARY BRIDGE AIIIIIIIIIIIIIIIIII PERMANENT BRIDGE REPLACEMENT GRAND CANAL BRIDGE REPLACEMENT PROJECT LOCATION MAP c/ BALBOA AVENUE w z = �� w Z � w Q Q PARK AVENUE 113 R -mm IT SOUTH BAY F NT CITY OF NEWPORT BEACH w Lu HH < PH NH O U) w HL-1co< U � PUBLIC WORKS DEPARTMENT C-7072-1 1/24/17 N.T.S. AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH FOUNTAINHEAD CONSULTING CORPORATION FOR PARK AVENUE BRIDGE REPLACEMENT CONSTRUCTION ENGINEERING SERVICES THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 10th day of January, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and FOUNTAINHEAD CONSULTING CORPORATION, a California corporation ("Consultant"), whose address is 2400 Katella Avenue, Suite 800, Anaheim, California 92806, and is made with reference to the following: RECITALS A. On February 23, 2016, City and Consultant entered into a Professional Services Agreement ("Agreement") to engage Consultant to provide construction engineering/management and inspection services for the Park Avenue Bridge Replacement Project ("Project"). B. The parties desire to enter into this Amendment No. One to reflect additional Services not included in the Agreement, to update the Schedule of Billing Rates, and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to Amendment No. One shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, 6-5 including all reimbursable items and subconsultant fees, shall not exceed One Million Two Hundred Sixty Four Thousand Six Hundred Forty Three Dollars and 87/100 ($1,264,643.87), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Four Hundred Nineteen Thousand Eight Hundred Ninety Six Dollars and 13/100 ($419,896.13). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Fountainhead Consulting Corporation Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp (AM %1 - City Attorney ATTEST: Date: Leilani I, Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONSULTANT: Fountainhead Consulting Corporation, a California corporation Date: By: Russell Rhodes Chief Executive Officer Date: By: Anastasia Benavidez Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Fountainhead Consulting Corporation Page 3 6-7 EXHIBIT SCOPE OF SERVICES Fountainhead Consulting Corporation Page A-1 .: December 15, 2016 Mr. Fong Tse, PE Assistant City Engineer City of Newport Beach 100 Civil Center give Newport Beach, California 92660 Subject: Cost Proposal for Additional Construction Engineering Services associated with the Park Avenue Bridge Replacement Project— Contract No. 7"072-1— Amendment No.1 Dear Mr. Tse, Attached for your review and consideration is our cost proposal for the additional services requested on the above referenced project. The additional costs are associated to the following increases to the original scope of work in the construction management services contract: 1) Quality Assurance Material Testing including Gamma Gamma testing of the CIDH piles: During the initial review of the project by the Caltrans local assistance coordinator the Caltrans oversight engineer determined that the contract special provision requirement of the contractor to perform Quality Assurance (QA) testing was not satisfactory to the Department. The Caltrans oversight engineer requested that the City delete the QA testing from the construction contract and add the QA testing to the construction management contract. The Cities CM obtained two sub -consultants for this work. Group Delta will perform most of the QA material testing and Earth Spectives will perform the gamma gamma testing for the CiDH piles, 2) Vibration Monitoring: During the course of the work the City received concerns from local residents neighboring the project regarding potential damages to private property from vibrations being generated by construction activities. The original contract special provisions did not require the contractor to provide vibration monitoring services for the City. In order to protect the city's interest and to address public concerns about the city's effort to monitor the contractors activities the City opted to add a subconsultant (Morgner CM) to the original CM contract to document the vibrations being generated by the construction activities. 3) Time Extension for RE and OE plus full time work due to increase in scope of work During the course of the work the City's contractor had substantial difficulties with utility companies, specifically So. Cal Gas and So. Cal Edison identifying their existing utility tie-in locations, identifying clear paths for the temporary relocations and completing their utility relocations as a whole. The additional time to perform the work needed (72days) to ultimately get the utilities relocated has extended the contract duration. Together with the additional scope of work added to coordinate and manage the QA material testing and vibration monitoring, additional hours are needed for work by the city's CM that was not originally contemplated in the contract. 4) Time Extension for Public Relations As referenced above: during the course of the work the City's contractor had substantial difficulties with utility companies, specifically So. Cal Gas and So. Cal Edison identifying their existing utility tie-in locations, identifying clear paths for the temporary relocations and completing their utility relocations as a whole. The additional time to perform the work needed (72) days to ultimately get the utilities relocated has extended the contract duration. As part of the City's efforts to coordinate construction activities, the city has a sub - consultant working with the CM team to keep the public informed of various construction activities and coordinate major construction traffic events on and off the island. As a result of the project duration being extended this service will also need to be extended to support the local community concerns and construction awareness efforts. Please feel free to contact me if you have any questions or concerns, Sincerely yours, Ivan Renavidez Jr., PE Senior Project Manager 6-10 EXHIBIT B SCHEDULE OF BILLING RATES Fountainhead Consulting Corporation Page B-1 6-11 f= OUNTAIN, (I P MEAL Date December 14, 2016 Amendment No. 1 - COST PROPOSAL CONSTRUCTION MA NA GEMENT SERVICES Park Avenue Bridge Reconstruction - Scope Increase 2016 1 2017 Overhead Fee Ivan S. Benavidez Jr. Admin Assistant CALCULATION OF BILLING RATES 110% 3.00% Base Rate $75,00 $15.00 Pdvaling Wage Differential NIA NIA Billing Rate 5162.23 $32.45 Cost Proposal represents supplemental work per the above billing rates and schedule. All other work to be charged at the original Billing Rates and Schedule according to the Agreement. 6-12 Pre- Con Construction Post Const. & Plant Estb. Tott925 hout$3245 Total Fee Name Mar Apr May ,jun Jul Aug Sep Oct Nov Dec Jan Feb Mar April May June Juty Ivan S. Benavidez Jr. (PWRE) 60 60 60 60 60' 60 60 60 60 60 30 30 $107,068.50 Admin Assistant (TBD) 70 70 0 701 70 70 70 80 85 90 90 90 $30,011.63 Sub -Total $137,08& 13 00c's $0.00 $0.00 $0.00 QA Materials Testing (Group Delta) $175,216.00 Gamma Gamma Testing (Earth Spectives) $13,000.00 Vibration Monitoring (Morgner) $85,000.00 Public Relations $9,600.00 $&00 Total $419,896.13 Overhead Fee Ivan S. Benavidez Jr. Admin Assistant CALCULATION OF BILLING RATES 110% 3.00% Base Rate $75,00 $15.00 Pdvaling Wage Differential NIA NIA Billing Rate 5162.23 $32.45 Cost Proposal represents supplemental work per the above billing rates and schedule. All other work to be charged at the original Billing Rates and Schedule according to the Agreement. 6-12