HomeMy WebLinkAbout12-11-27Amendment to PSA with Anderson-Penna, Civic Center Plan Check and Inspectionsk SEW VpaT
= CITY OF
NIEWPOR111 REACH
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(a)newportbeachca.gov
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 Perna. 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 REVUE-W:
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 projectas 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.
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).
Amendment to PSA with Anderson Panne for Civic Center Plan Check and Inspection Services
November 13, 2012
Page 3
Submitted by:
Stephern.G. Badum
Assistgnt 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 90/100 ($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: N� By:
Aaron C. Harp �I �v ;;,; 1•3 Nancy Gardner
City Attorney Mayor
ATTEST: CONSULTANT: ANDERSON -PENNA
Date: PARTNERS, INC.,
a California corporation
By: By:
Leilani I. Brown Mallory McCamant
City Clerk 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 11116/12
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 fortheSan 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 UDOE
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 forthe 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
ANDERSON-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
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CRY of Ne po & Beach NO. BA- 13BA -023
BUDGET AMENDMENT
2012 -13 AMOUNT: $2as,lso5.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
Fund Account
405 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
9410 6000
EXPENDITURE APPROPRIATIONS (3603)
Amount
Description Debit Credit
Facilities Replacement Fund - Fund Balance $205,805.90
Description
Civic Center Fund - T'tansfer In $205,805.90
Signed: // G:, t) - )9 — ;I
F gal Approval: Finance Direct Date
Signed:
AdministraWe Approval: City Manager4 Date
Signed:
City Council Approval: City Clerk Date
Description
Division
Number
9405
Facilities Replacement Fund
Account
Number
9900
Transfer Out $205,805.90
Division
Number
7410
City Hall Construction
Account
Number
C1002031
Civic Center Project Management $205,805.90
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed: // G:, t) - )9 — ;I
F gal Approval: Finance Direct Date
Signed:
AdministraWe Approval: City Manager4 Date
Signed:
City Council Approval: City Clerk Date