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HomeMy WebLinkAbout19 - Civic Center Plan Check and Inspections�gW PgQT = CITY OF �k NEWPORT BEACH C,+FORT11� City Council Staff Report Agenda Item No. 19 November 27, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Stephen G. Badum, Assistant City Manager 949-644-3002, sbadum new ortbeachca. ov PREPARED BY: Stephen G. Badum, Assistant City Manager APPROVED:�� TITLE: Amendment to PSA with Anderson Penna for Civic Center Plan Check and Inspection Services ABSTRACT: The City retained Anderson Penna to serve as the Building Official and to provide plan check and building inspection services for the Civic Center project. Due to schedule changes and the addition of the San Miguel Pedestrian Bridge to the project, additional services and an amendment to their original contract will be required. RECOMMENDATIONS: 1) Authorize the City Manager and City Attorney to execute an amendment to the PSA with Anderson Penna, increasing the original contract by $205,805.90 to a revised cost not to exceed $1,296,645.90 2) Approve Budget Amendment No. 13BA -023 appropriating $205,805.90 from the Facilities Replacement fund to Account No. 7410- C1002031. FUNDING REQUIREMENTS: If approved, the additional services will be funded from the Facilities Replacement Fund, DISCUSSION: On February 22, 2011, City Council approved a professional Services Agreement with Anderson Penna to serve as the Building Official and to provide plan check and building inspection services for the Civic Center project. The contract is a time and materials Amendment to PSA with Anderson Penna for Civic Center Plan Check and Inspection Services November 13, 2D12 Page 2 contract at a cost not to exceed $1,090,840. The original contract envisioned a 24- month schedule with termination at the end of January 2013. Current schedule projections show that the City Hall Office building will be completed in the original time frame. However, that achievement required additional plan check and inspection staff time to perform out of sequence plan check and inspections, concurrent inspections, and some overtime. There has also been an unanticipated higher level of submittal reviews due to incomplete and/or unsatisfactory work product and shop drawings which is attributable to the complexity of the building design. The recent addition of remedial work to the library could potentially delay the completion of the Library addition into late February or early March. Additional staffing will be required to successfully complete the Library addition. Additionally, the City has added the San Miguel Pedestrian Bridge to the project and the original scope did not include the plan check and inspection of that work. With the above stated issues in mind, City staff requested a proposal for additional services necessary to complete the project from Anderson Penna. Additionally, staff requested that a separate allowance be proposed for potential extended services and project closeout services in the event of any further schedule delays or need to assist staff with potential project closeout issues. The separate allowance would be held in reserve and no work would be performed unless there is specific written authorization by the City. The proposed amendment to the Anderson Penna contract is $153,540.90 with an additional reserve of $61,370 for a total cost not to exceed $205,805.90. The work will be billed on a time and materials basis. The amended contract will expire in April 2013. With the approval of this amendment, the total cost not to exceed cost will be $1,296,645.90. ENVIRONMENTAL REMEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICINGi The.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). Amendment to PSA with Anderson Peri for Civic Center Plan Check and Inspection Services November 13, 2012 Page 3 Submitted by: Stephe , Badum Assist Ant City Manager Attachment: A. Professional Services Agreement B. Budget Amendment AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH ANDERSON -PENNA PARTNERS, INC., FOR CONSTRUCTION PHASE SERVICES FOR NEWPORT BEACH CIVIC CENTER & PARK PROJECT THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and entered into as of the day of November, 2012, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and ANDERSON =PENNA PARTNERS, INC., a California corporation ( "Consultant "), whose address is 309 Agate Street, Laguna Beach, CA 92651, and is made with reference to the following: RECITALS A. On February 22, 2011 ( "Effective Date "), City and Consultant entered into a Professional Services Agreement ( "Agreement ") for construction phase services for Newport Beach Civic Center & Park Project ( "Project "). B. City desires to enter into this Amendment No. One to increase the scope of work, to extend the term of the Agreement to April 30, 2013, and to increase the total compensation. C. City and Consultant mutually desire to amend this Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement shall be amended in its entirety and replaced with the following: The term of the Agreement shall commence on the Effective Date, and shall terminate on April 30, 2013, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Section 2 and Exhibit A of the Agreement shall be supplemented to include the Additional Services, which is attached hereto as Exhibit A and incorporated herein by reference. Exhibit A of the Agreement and Exhibit A of Amendment No. One shall collectively be known as "Exhibit A ". The City may elect to delete certain tasks of the Services To Be Performed at its sole discretion. 3. COMPENSATION TO CONSULTANT The introductory paragraph to Section 4 of the Agreement shall be 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, Exhibit A of Amendment No. One, and the Schedule of Billing Rates contained in Exhibit B of the Agreement. Consultant's compensation for all Work performed in ANDERSON =PENNA PARTNERS, INC. Page A -1 accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Two Hundred Ninety -Six Thousand Six Hundred Forty -Five Dollars and 901100 ($1,296,645.94) ( "Total Amended Compensation ") 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. 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. One in an amount not to exceed Two Hundred Five Thousand Eight Hundred Five Dollars and 901100 ($205,805.9000). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] ANDERSON -PENNA PARTNERS, INC. Page 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT R Y'S OFFICE Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By:L./' '� By: Aaron C. Harp 7 ;;,; to Nancy Gardner City Attorney Mayor ATTEST: By: Leilani I. Brown City Clerk CONSULTANT: ANDERSON -PENNA PARTNERS, INC., a California corporation Date: By: Mallory McCamant Chief Executive Officer Date: By: Angelique Lucero Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Proposal for Contract Amendment for Construction Phase Services for the City of Newport Beach Civic Center and Park Project, dated 11/16/12 ANDERSON -PENNA PARTNERS, INC. Page, 3 EXHIBIT A ADDITIONAL SERVICES TO BE PERFORMED ANDERSON -PENNA PARTNERS, INC. Page A -1 ANDERSON TENNA •PARTNERS IN PROJECT DELIVERY- November 16, 2012 Mr. Steve Badum, P.E. Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Proposal for contract amendment for Construction Phase Services for the City of Newport Beach Civic Center and Park Project Thank you for allowing us the opportunity to present this proposal to continue to provide construction support services associated with the new City Civic Center facility. Per our recent discussions this proposal requests to amend our scope of services and fee estimate to continue to provide a contract Project Building Official, project inspectors and construction phase plan review services through the extended completion date for the building structures included in our original Contract. Additional services are also proposed to add inspection services for the San Miguel Bridge. AndersonPenna Partners, Inc. and Interwest Consulting Group will continue to work together to provide the City of Newport Beach with the most qualified and cost effective team to meet the oversight requirements associated with this project. Thefollowing pages provide details of the additional scope of services and proposed additional fee. We look forward to continuing our working relationship with the City as this exciting project nears completion. The following pages.include our proposed approach to continue to provide comprehensive inspection services for both the building and park development portions of the project. If you should have any questions please do not hesitate to contact me at (949) 922 -2800. Sincere'),, Lisa . Penna, PE Principal 20280 ACACIA STREET, SUITE 1 00 ° NEWPORT BEACH, CA 92660 Www.ANDPEN.COH PHN 949 428 1 500 ° FAX 949 258 5053 CERTIFIED UDBE City of Newport Beach Civic Center Construction Phase Services A. Additional Services Description Original Contract Adjustment: The original Contract provided for plan check and inspection services over a 24 month duration, which would have resulted in a project completion in late January 2013. The latest project schedule estimates completion in late March, 2013. Additionally, the intensity of construction activities has required adjustment, outside of AndersonPenna's scope and control, of anticipated concurrent activities, resulting in a less than optimal utilization of inspection and /or plan checking resources. We have strived to adjust the level of effort required to accommodate for most of the schedule fluctuations, however some inefficient utilization of our staff was unavoidable to maintain an appropriate level of inspection oversight and plan check responsiveness throughout the construction process. The current level of activity on site is now at a peak with all forces striving to achieve critical project milestone deadlines. Additionally there has been somewhat of an inordinate number of submittal cycle reviews required due to incomplete and /or unsatisfactory product and shop drawings throughout the project which has resulted in a higher level of plan checking effort than contemplated in the original Contract. In order to maintain consistency with the current inspection program for the new civic center, library expansion and parking structure we propose that additional funding be provided to maintain the current staffing level throughout the extended duration of the Newport Beach Civic Center project. Additional services: We understand that the City desires inspection staff augmentation to provide quality control over the San Miguel Bridge, which is currently outside of our scope of work. Scope of Services The AndersonPenna / Interwest team will continue to provide qualified inspection, plan check engineering and building official services per the original Contract, through the extended completion date, anticipated in late March, 2013. The proposal is based upon projected hours on a time and material basis. The City will be billed for actual costs for required personnel and costs to deliver the proposed services. As you requested, we have provided an estimate of potential project closeout costs and a reserve in event of any delays, unforeseen issues, or requested assistance that may arise at the end of the project. We understand that this reserve will not be used unless specifically authorized by the City The proposed expanded scope of services includes providing construction inspection services for the San Miguel Bridge, including monitoring and coordination of street closures, monitoring and documentation of the construction process in compliance with the plans and specifications and coordinating the work of special inspectors. 1IPage l ANDDEERSQN,PENNA City of Newport Beach Civic Center Construction Phase Services B. Compensation Orieinal Contract Adiustment: The additional level of effort to absorb the schedule adjustments and extensions described above results in an estimated additional fee amount of: $144,435.90 Additional Services: The proposed additional services described above result in an estimated additional fee amount of: $61,370.00 Total Requested Fee Amendment: $205.805.90 All services are proposed to be billed on an hourly basis utilizing the Schedule of Hourly Billing Rates established in our original agreement for construction phase services. Attached is a detailed breakdown of requested additional fee. 21 Page N ANDERSON- pE N NA V a O C 0. a E m o U 9L C • E L U Ip ++ 10 s v ° u C L u U 0 ++ U V m is !). 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BUDGET AMENDMENT 2012 -13 AMOU N7: $2as,lsos.sa EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues HX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations to provide additional Civic Center plan check and building inspection services due to schedule changes and the addition of the San Miguel Pedestrian Bridge. Funds will be transferred out of the Facilities Replacement Fund and into the Civic Center Fund. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 405 3605 Facilities Replacement Fund - Fund Balance $205,805.90 REVENUE ESTIMATES (3601) Fund /Division Account 9410 6000 EXPENDITURE APPROPRIATIONS (3603) Description Civic Center Fund - Transfer In Signed: Signed: Finance Approval: City Manager $205,805.90 ` Automatic $205,805.90 $205,805.90 li- lit —I-01, Date Date Signed: City Council Approval: City Clerk Date Description Division Number 9405 Facilities Replacement Fund Account Number 9900 Transfer Out Division Number 7410 City Hall Construction Account Number C1002031 Civic Center Project Management Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Finance Approval: City Manager $205,805.90 ` Automatic $205,805.90 $205,805.90 li- lit —I-01, Date Date Signed: City Council Approval: City Clerk Date