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Home My WebLink About12-04-24 Amendment #4 to CM@R Contract with CW DriverSEW PART CITY OF NEWPORT BEACH ~ C"9CiFORN�P City Council Staff Report Agenda Item No. 4 April 24, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum(a)newportbeachca.gov PREPARED BY: Fong Tse, Principal Civil Engineer APPROVED: tLIA TITLE: Newport Beach Civic Center & Park Project - Approval of Amendment No. 4 to the Construction Manager at Risk Contract C.W. Driver for the Fabrication and Installation of Project Signage and the Installation of Dry Utilities Modifications ABSTRACT: Informational and directional signage is needed for the new Civic Center structures, the expanded Central Library, and the many components of the Park and outdoor features. Additionally, field modifications were required by dry utility companies at the existing Central Library delivery dock area to connect the new conduits and wirings to the existing systems. These work items were not included in the Construction Manager's (C.W. Driver) scope of work. An amendment No. 4 therefore needs to be executed with C.W. Driver for this extra work. RECOMMENDATIONS: 1. Authorize the Mayor and City Clerk to execute Amendment No. 4 to the Construction Manager at Risk Contract with C.W. Driver of Irvine, California, amending the Guaranteed Maximum Price (GMP) to add the fabrication and installation of signage components for the new Civic Center facilities including the park and the dry utilities modifications made at the existing Central Library delivery dock area to the Civic Center and Park Project scope of work at a not -to- exceed price of $476,281.00. 2. Approve Budget Amendment 12BA -034 appropriating $476,281.00 from the Major Facilities Master Plan Fund to the Newport Beach Civic Center Project Account No. 7410-C1002009. Newport Beach Civic Center & Park Project - Approval of Amendment No. 4 to the Construction Manager at Risk Contract C.W. Driver for the Fabrication and Installation of Project Signage and the Installation of Dry Utilities Modifications April 24, 2012 Page 2 FUNDING REQUIREMENTS: The Budget Amendment records and appropriates $476,281.00 in increased expenditure appropriations from the Major Facilities Master Plan Fund unappropriated fund balance. With the approval of the recommended Budget Amendment in the amount of $476,281.00, sufficient funds will be available in the following account for the project. Account Description Newport Beach Civic Center DISCUSSION: Account Number 7410- C1002009 Total Amount $ 476,281.00 $ 476,281.00 The City Council approved a Construction Manager at Risk (CM @R) contract with C.W. Driver on April 27, 2010, to provide full and complete construction administration, coordination and observation services for the general conditions of the Civic Center and Park Project. Since then, the City executed three amendments which added the parking structure, the various buildings and parks, and the San Miguel Drive. pedestrian bridge to CW Driver's scope of work. At the time of the execution of the initial CM @R contract, three items were intentionally deferred until a future date; 1) The first item was the cost to relocate and upgrade the existing electric power for the Central Library and to add switching and a capacitor device for the new Civic Center electric service. At the time of the original award, SCE had provided revised requirements that significantly revised the electric service design. The costs were estimated between $200,000 and $300,000. C.W. Driver and City staff successfully negotiated competitive pricing at $138,854 for this work with the project's low bid electrical subcontractor. 2) The second item to be deferred and bid at a later date was the Civic Center Signing package. The Signing bid package includes internal wayfinding for the park, parking garage, City Hall office building, and Library expansion including office, workstation, conference and utility room identification. The signage package was deferred to accommodate the City's recent reorganization effort. The estimated cost for this package was approximately $400,000. Recently, C.W. Driver advertised and received qualifications from thirteen companies for the signage fabrication and installation work. Four of the five companies pre - qualified by C.W. Driver submitted bids. These companies were AHR Signs (Ampersand), Architectural Design and Signs, Neiman & Company, Inc., and Z Newport Beach Civic Center & Park Project - Approval of Amendment No. 4 to the Construction Manager at Risk Contract C.W. Driver for the Fabrication and Installation of Project Signage and the Installation of Dry Utilities Modifications April 24, 2012 Page 3 Young Electric Sign Company. C.W. Driver and City .staff determined Ampersand was the lowest responsible bidder at a cost of $322,478 including construction contingency, $9,393 (3 %). The total cost to provide and install signing including direct costs (bonding and insurance) at $4469, and construction management fee at $10,480 is $337,427. 3) The third item is the Fixture, Furnishings, & Equipment (FF &E). Traditionally, the acquisition of FF &E items occurs during the later part of construction. The purchase of FF &E items will be separately bid and approved by the Building Committee and City Council as required by the City's purchasing policies. A budget of $2,000,000 was established for FF &E at the start of the project. Our preliminary estimates indicate that this number may increase, but staff and BCJ are working diligently to hold costs as close to the budget as possible. Bid packages are currently being prepared and we expect to have the costs before City Council in June. The following is a summary of the CM @R contract with C.W. Driver including the proposed Amendment No. 4: CM AR Contract Scope Amount Original General Conditions /Basic Services $7,169,255.00 Original GMP #1 — Mass Grading & Shoring Wall $7,336,439.00 Amendment 1 GMP #2 — Parking Structure Design/Build $7,426,853.00 Amendment 2 GMP #3 — City Hall, Library Addition & Park $82,374,384.00 Amendment 3 GMP #4 — San Miguel Drive Pedestrian Bride $1,000,000.00 Amendment 4 1 GMP #5 — Si na a and deferred Electrical $476,281.00 Total $105,783,212.00 ENVIRONMENTAL REVIEW: An Environmental Impact Report (SCH No. No. 2009041010) was prepared for the development of the Newport Beach Civic Center project in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA). The document was approved by the City Council on November 24, 2009. The document is on file with the Community Development Department. The installation of signage and the modification of underground utilities were previously approved for the Civic Center project and would not result in any new significant environmental effects or result in any additional mitigation measures. Newport Beach Civic Center & Park Project - Approval of Amendment No. 4 to the Construction Manager at Risk Contract C.W. Driver for the Fabrication and Installation of Project Signage and the Installation of Dry Utilities Modifications April 24, 2012 Page 4 NOTICING: 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). Submitted by: Publie'W�'r Director ` Att ach ' nts: A. Amendment No. 4 with CW Driver B. Budget Amendment 12BA- 4 �_ cJ AMENDMENT NO. FOUR TO CONSTRUCTION MANAGER AT RISK CONTRACT WITH C.W. DRIVER, INC. FOR NEWPORT BEACH CIVIC CENTER AND PARK GMP PHASE THREE (CIVIC CENTER BUILDING, CENTRAL LIBRARY EXPANSION, PARK & SAN MIGUEL PEDESTRIAN BRIDGE) THIS AMENDMENT NO. FOUR TO CONSTRUCTION MANAGER AT RISK CONTRACT ( "Amendment No. Four "), is entered into as of this day of 2092, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and, C.W: DRIVER, INC., a. California Corporation whose address is 15615 Alton Parkway, Suite 150, Irvine, California 92618 ( "CM "), and is made with reference to the following: RECITALS: A. On June 7, 2010,. City and CM. entered into a- Construction, Manager. at Risk Contract ( "CM Contract ") for:the,,N'ewport Beach Civic. Center and Park Project ( "Project "). B. On-September.3; 2010; City and 'CM entered:into Amendment No. One to: the CM Contract ( "Amendment No. One.); as contemplated in the CM Contract, Article Six; Section: .6.1.9(e) ' to _add the Design Build :450 stall parking garage and to increase the Guaranteed Maximum Price ( "GMP "). C.. On February 22,. 2011, City and CM entered into Amendment No. Two to the CM Contract ( "Amendment No. Two ") for additional services not included in the CM contract or Amendment No. One to add the construction of the City Hall Office Building, Central Library Expansion, Parks and miscellaneous items of work for the Newport Beach Civic Center; to increase the CMP by $82,374,384.00 for a total GMP of $104,306,931'.00; and to update the insurance provisions consistent with the City's election to implement an Owner Controlled Insurance Program ( "OCIP '.). D. On November 29, 2011, City and CM entered into Amendment No. Three to the CM Contract ( "Amendment No. Three "), to reflect the City's option to construct the San Miguel Pedestrian Bridge as part of Phase Three as originally contemplated in the CM Contract, .Article One, Section 1.3, and increase the GMP to $105,306,931.00 utilizing $1,000,000.00 of the Owner's Contingency along with $1,000,000.00 of the Construction Contingency to fund the costs of construction. E. City desires to enter into this Amendment No. Four for additional services not included in the CM Contract, or prior Amendments and to increase the GMP by $476,281.00 for a total GMP of $105,783,212.00. 10 F. City and Consultant mutually desire to amend the Contract, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SCOPE OF WORK City. and CM acknowledge that the above Recitals are true and correct and are hereby incorporated herein by reference. Article Two of the CM Contract shall be supplemented to include the Change Order dated October 31, 2011, attached hereto as Exhibit A and the Change Order dated March 29, 2012, attached hereto as Exhibit B, and all incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Work at its sole discretion. 2. GUARANTEED MAXIMUM PRICE Section 6.1.1 of the CM Contract shall be amended to increase the GMP to One Hundred Five Million, Seven Hundred Eighty -Three Thousand, Two Hundred Twelve Dollars and no /100 (105,783,212.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the -CM Contract as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] C.W. DRIVER, INC. Page 2 I IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. FOUR on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY AT OR E 'S OFFICE A California municipal corporation Date: Date: By: By: Aaron . Harp Nancy Gardner City Attorney \1 Mayor ATTEST: CONSULTANT: C.W. DRIVER, INC., a Date: California Corporation Date: By: Leilani I. Brown City Clerk Attachments: C.W. DRIVER, INC. By: Dana Roberts President By: Bessie Kouvara Chief Financial Officer [END OF SIGNATURES] Exhibit A — Change Order Dated October 31, 2011 Exhibit B — Change Order Dated March 29, 2012 Page 3 I C.W. Driver BUILDL'RS SINCE 1919 October 31, 2011 Mr. Steve Badum City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 PROJECT_ NEWPORT BEACH CIVIC CENTER AND PARK PROJECT SUBJECT: SCE/AT &T /COX Underground at Library Change Order Request No. 040 Dear Steve: 15615AIton Parkway Suite 150 Irvine, CA 92618 Fax 949.26 13167 Telephone 949.2615 100 Sena, Email / Hand Please. review this Change Order Request in the amount of $ 138,854 to provide modifications to underground dry utility feeds to the project as required by Cox / ATT / SCE and directed through Field Order No. 112. Upon review and approval we request a Change Order be issued by November 14, 2011 so we may proceed. In the event we do not receive a Change Order by this date, further cost and schedule impacts may result Attached for your review is supporting information. ``S//i ncerely, �ElllU 1✓alwart� William Hahn Senior Project Manager File: 100 12-22040 Authorization: By: Tide: Date: Signature above authorizes C W. Driver to proceed pursuant to the terms of this Change Order Request t.f T' f 4 M... Los Angeles Irvine onorio San Diego License No. 102 A QW. Driver BUILDERS SINCE 1919 PROJECT: NEWPORT BEACH CIVIC CENTER AND PARK PROJECT CHANGE ORDER REQUEST#040: Field Order -0112: SCE /AT &T /COX Underground at Library 10(31111 lecm Deseriptlon Cvnt .wp Lsbctr MY. Su tantmets To 001 SCE fees for Ubmry power rework Cxllf. Edlson 11,749 11,749 002 AT &T fees for Ubrary telecom rework AT &T 13,707 13,207 003 Coz Commuolmdonsfecs far Ubrn7 optical(marnu rmvork Co. Cotnmualouom 8,200 B, 084 Moddiationsto ramp power m Gvllem obrary power cusovcr(Pawer pbas 1831 d botkervuck revel 742 Imes 2,573 2573 005' Form and drypaak condulr panetmdans fnm Library Bomd 1.485 (,qe 006 Wuerproof conduit penetrations Into UNrtry Angelos Wererproofog 5,07-0 5,079 007 Essend Llbe tafecom seMnn m new pbco c Add b m1d'l a condula from R sendln Electric, CJry Half to Mr. Inareare situ of Edison prhmry readers Wn 4' to 5 ". Change volcano emdufu from (2) 3 Ur to (4) V. Provlde m1n. 3' sepensivn from SCE to otter mridcs. Explonrory work in Avocado. 90,385 90,385 Subtotals Direct Cos E 0 0 132,673 132,673 tlabllily Ins, (0 -71%gf Cost+ Gen. Req.) 942 Fee (3.25% of Cost+ Gen. Req.+ Uab. Ins.) 4,34 Prime Caner. Bond (0.65 %of Cost +Gen. Req. +Iles. Ins. +Fee) 887 TOTAL AMOUNT OF CHANGE ORDER REQUEST 138,854 _ �_,_,G_... :.. ...,.. _... .::.:v_:r_ _ — _.rra:= :•i:.`^ _ _ _ _ =nti�niS';---::y's::• Page 1 of i is (2, � T Parkway tl�J. �V' /�V'/ Jail. C.W.. Driver Suite 50 Suite 150 Irvine, CA 92618 I3UII,DCRS SINCE 19 19 Fax 949.261.5167 Telephone 949.261.5100 March 29, 2012 Sent Fax/Mail 949.644.3318 Mr. Steve Badum City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 PROJECT: NEWPORT BEACH CIVIC CENTER AND PARK PROJECT SUBJECT: Project Signage Change Order Requesc No. 215 Dear Steve: Please review this. Change Order Request in the. amount of $337,427 for addition of the project signage for the above referenced project. Attached for your review is supporting information. Sincerely, William Hahn Senior Project Manager File: 10012.- 2221.5 .Los Angeles Irvine Ontario Authorization: By: Tide: Date; Signature above authorizes CW. Driver to proceed pursuant to the terms of this Change Order Request .. I ��1 i J' San Diego License No. 102 0 CWDriver BUILDERS SINCE 1919 PROJECT: NEWPORT BEACH CIVIC CENTER AND PARK PROJECT CHANGE ORDER REQUEST 4215: Project Signage 03/29/12 Page 1 011 Mi CwD cwD IInm Description Cantmctnr Labor Mad. Suhcontractora T.W 001 PobNrnrc and lnsmll profea Slgn:ge as xhown per COOtrJ[[Oocumenc Ampemnd Conuau Sl[gnlnS 2B2,IB5 283,195 dcvclapcdby BCjand E"db:ucd27o.2n12 Group 002 Fabrie�rc antl ln:Nl AddiOonal AUkiog In 5".,t Struewrcx Tower Glm /Manrblenu 22,400 22,900 003 Ezpedim 5Wr V.s Schedula Ampemad Cos=t SlgNng 8;500 8,500 Grce 004 C..s.al nContingency 3% 9,393 9,393 ' Subtolals Olrect Cost 322,478 322478 Uability Ins. (0.71% .1 Cost Gem Raq.) 2,290 ' Fee (325 %ol Cost +Gen. Req.+ Uab. bus.) 70,480 Prime CoNr. es,d(0.E5 %of Cot +Genm Reg. +Uab. Ins. +Fee) 21179 TOTAL AIAOUIN OF CHANGE ORDER REOUEST 337,427 Page 1 011 Mi C.W. Driver blinth giya, Cgrmr,°d PM U1111.111:11S SIVIN; Mv Newport 13e.ch. CA SCOPE ANT) PRICING SHEETS 03127112 27-Mar-12 29-Mar-12 i 0.0 0.00 0 Budg.W Description/Scope of Waric Quantity Unit C.Stlunit Total D O.OG 0 0.0 0.00 0 100% CO drawings Issued on January 31, 2012, Addenda I 0.0 0.00 0 Exclusions and qualifications- under separate cover 0.0 0.00 01 Subcontmccar proposal 1.0 IEUM 282.165.22 282,185 ral, & install of additional backing In support structures 1.0 15um 22.40.09 22,400 expedite fabricadom schedule 1.0 Istan 11,500.00 8,500 0.0 0.0 O.I)D 0 0.0 O'GO 0 0.0 0.00 0 0.00 01 D O.OG 0 Do 0.00 0 313,005 r erne 0.0 0.00 O.D 0.00 i ?;r ?ELM ............ .... ............... .. ....... . .. ..... ........ ..................... ........................ Grand Total Project Statistics ...... ....... X 313,085 5 0.0 0.00 a > Alternator 0.0 OZO pgq76— 0.0 0.00 ......................................... ..... ........ .. ..................... Grand Total Allowances ......... 313.085 10% OfIrte U,b1fiq and Auto Inarnn. 0.71% Poe 3_25: 0.59% ....... iFbTAL-PRO] ECT.SIGNAGE ESTIMATE 313,685 f---9.7393 1 r--2,290 10,181 2,179 337,427 City ®f Newport Beach NO. BA- 12BA -034 BUDGET AMENDMENT 2011 -12 AMOUNT:1 $476,281.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations related to a transfer into the Civic Center Fund from the Facilities Financing Plan Fund to provide fabrication and installation of signage and the installation of dry utilities modifications for the new Civic Center. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 405 3605 REVENUE ESTIMATES (3601) Fund /Division Account 9410 6000 EXPENDITURE APPROPRIATIONS (3603) Description Facilities Financing Plan - Fund Balance Description Civic Center Fund - Transfer In Signed: Signed: Signed: City Manager City Council Approval: City Clerk Amount Debit Credit $476,281.00 $476,281.00 Automatic $476,281.00 $476,281.00 14- ID - tom Date 14)1.71 LDate Date I (o Description Division Number 9405 Facilities Financing Plan Account Number 9900 Transfer Out Division Number 7410 Civic Center Fund Account Number C1002009 Newport Beach Civic Center Division Number Account Number Division Number Account Number Signed: Signed: Signed: City Manager City Council Approval: City Clerk Amount Debit Credit $476,281.00 $476,281.00 Automatic $476,281.00 $476,281.00 14- ID - tom Date 14)1.71 LDate Date I (o