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Home My WebLink About13-02-26 Amendment #2 to PSA with Kroury - Civic Center _ Park Testing _ Inspection Svcs�E�POgr - CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. February 26, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Stephen G. Badum, Assistant City Manager 949 - 644 -3002, sbadum(cDnewportbeachca.gov PREPARED BY: Fong Tse, Principal Civil Engineer 949 - 644 -3321, ftse(a)newportbeachca.gov APPROVED: �V-An\ TITLE: Approval of Amendment No. 2 to Professional Services Agreement with Koury Engineering & Testing, Inc., for Material Testing and Inspection Services for Newport Beach Civic Center and Park Project ABSTRACT: Additional funding for material testing and inspection services is needed for the San Miguel Drive Pedestrian Bridge and other remaining steel work per the Project Plans and Specifications. RECOMMENDATION: Approve Professional Services Agreement Amendment No. 2 with Koury Engineering & Testing, Inc. (Koury), of Chino, California for Newport Beach Civic Center and Park Project Material and Inspection Services at a not -to- exceed price of $273,268.00 and authorize the Mayor and the City Clerk to execute the Amendment. FUNDING REQUIREMENTS: Sufficient funds are available in the current CIP project budget (7410- C1002009) for the additional services. I or 14 Approval of Amendment No. 2 to Professional Services Agreement with Koory Engineering & Testing, Inc., for Material Testing and Inspection services for Newport Beach Civic Center and Park Project February 26, 2013 Page 2 The proposed use of the funding balance is as follows: Vendor Koury Engineering & Testing, Inc. DISCUSSION: Purpose Amount Material Testing and Inspection Services $ 273,268.00 The City entered into a professional services agreement (PSA) with Koury on September 14, 2010, for a fee of $865,498.00 to provide testing and inspection services on the steel and other specialty materials to be fabricated, furnished, and installed for the Civic Center & Park Project. Said fee was based on the project plans and work schedule prepared by the project construction team with the information known at that time. It was discovered during the early stages of construction that many of the architectural and structural elements shown on the plans required redesign which consequently delayed the steel fabrication to the extent that Koury had to work overtime along with additional staffing to regain, some of the lost time. On April 24, 2012, City Council approved Amendment No. 1 with Koury in the amount of $170,842.00 to cover these extra costs. Since then, the City added the San Miguel Drive Pedestrian Bridge (Bridge) which was not a part of Koury's original scope of work. Additionally, as a result of the on -going design changes and field modifications, a sizeable portion of the remaining steel work had to be reworked, retested and re- inspected. While Koury performed its tasks through efficient staffing and coverage and kept the costs to a minimum level, additional costs were not avoidable. Attached is Koury's Change Order Request No. 2 outlining the additional testing and inspection costs for the added Bridge and the remaining steel work. When approved, a summary of Koury's PSA is as follows: Agreement Scope Amount Original Initial Estimated Scope of Work $865,498.00 Amendment 1 Additional Work Hours Due to Plans Changes $170,842.00 Amendment 2 Added San Miguel Bridge and Other Design and Field Changes $273,268.00 Total $1,309,608.00 2 of 14 Approval of Amendment No. 2 to Professional Services Agreement with Koury Engineering & Testing, Inc., for Material Testing and Inspection Services for Newport Beach Civic Center and Park Project February 26, 2013 Page 3 ENVIRONMENTAL REVIEW: 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) (Architectural and Engineering services 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. 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: Attachments: A: Amendment No. 2 to Professional Services Agreement B: Koury Engineering Change Order Request No. 2 3 of 14 ATTACHMENT A AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH KOURY ENGINEERING & TESTING, INC. FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT THIS AMENDMENT NO. TWO TO AGREEMENT FOR PROFESSIONAL SERVICES ( "Amendment No. Two ") is made and entered into as of this _ day of February, 2013 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City'), and KOURY ENGINEERING & TESTING, INC., a California corporation ( "Consultant"), whose address is 14280 Euclid Avenue, Chino, California 91710 and is made with reference to the following: RECITALS A. On September 14, 2010, City and Consultant entered Into a Professional Services Agreement ( "Agreement ") to provide materials testing and inspection services. ('Project'). B. On April 12, 2012, City and Consultant entered Into an amendment to the Agreement to reflect additional services not included in the Agreement and to increase the total compensation ( "Amendment No. One "). C. City desires to enter into this Amendment No. Two to reflect additional services not Included in the Agreement, to extend the term of the Agreement to June 30, 2013 and to increase the total compensation. D. City and Consultant mutually desire to amend the 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 Is amended in its entirety and replaced with the following: 'The term of this Agreement shall commence on September 14, 2010, and shall terminate on June 30, 2013 unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Change Order Request 2 dated January 23, 2013, attached hereto and incorporated herein by reference ( "Services" or "Work "). The City may elect to delete certain Services within the Change Order Request at its sole discretion. 3. COMPENSATION TO CONSULTANT 3.1 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. 4 of 14 3.2 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 and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all Work performed in accordance with this Agreement including all reimbursable items and subconsultant fees, shall not exceed One Million Three Hundred Nine Thousand Six Hundred and Eight Dollars and no /100 ($1,309,608.00) without prior written authorization from City ('Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 3.3 The Total Amended Compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Two Hundred Seventy Three Thousand Two Hundred Sixty- Eight Dollars and no /100 ($273,268.00), without prior written authorization from City. 4. 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] KOURY ENGINEERING & TESTING, INC. Pag 1114 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY AT 1 S E Date: J By: L® -' Aaron C. Harp City Attorney t� ATTEST: CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Keith D. Curry Mayor CONSULTANT: KOURY ENGINEERING & TESTING, INC., a California corporation By: Leilani I. Brown Richard D. Koury City Clerk President and Chief Executive Officer Date: By: Dave Menefee Senior Vice Presldent and Chief Operating Officer [END OF SIGNATURES] Attachments: Exhibit A — Change Order Request 2 Exhibit B — Schedule of Billing Rates �KOURY ENGINEERING & TESTING, INC. Pag`OJ'4 EXHIBIT A CHANGE ORDER REQUEST 2 r14 KOURY ENGINEERING & TESTING, INC. Page A -1 1__1 _ NOURY ENGINEERING 8. TESTING, INC. January 23, 2013 Mr. Fong Tse Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 RE: SPECIAL INSPECTION & MATERIALS TESTING - CIL4NGE ORDER REQUEST 2 PROJECT: NEWPORT BEACH CIVIC CENTER I(OURY PROJECT NO.: 10 -0263 Dear Mr. Tse, This teller is to formally notify you regarding change order request for the Newport Beach Civic Center Project located in Newport Beach, Califomia. Explanation of why we have requested change orders: 1) Fabrication Shop — We performed fab shop inspections in Utah, Arizona, Idaho, Nevada, and California. We utilized out of state inspection firms to perform the inspections on our behalf for the work inspected out of stale to be more cost effective for the City of Newport Beach. Due to design changes and the schedule, there were several hours of overtime, multiple shifts, and multiple inspectors. The estimated duration for the inspection in the fabrication shop was 1,824 hours totaling $173,280 and the actual hours were 5,291.50 totaling $564,113.25 through December31". Differenceof$390,833.25. 2) Edie Fabrication Shop / Sail at the Council Chambers — Koury was at the Edie Fabrication shop in Cerritos to perform welding inspections and non -destructive testing. The work was performed from November through December 6, 2012. The approximate costs for the shop inspection and non -destructive testing were $42,106.25. The welding inspector on -site also observed the installation of the sail at the Council Chambers, along with have a technician to perform non- destructive testing. The hours and cost for the on -site inspector and the non - destructive testing technician was approximately 110.50 hours totaling $9,200 through January 4 2013. 3) The San Miguel Pedestrian Bridge was an added scope. Koury was utilized for inspections and testing that included concrete and structural steel in the shop and field, and non - destructive testing. The on-site inspections and testing cost approximately $40,372.00 and the fabrication shop inspections were approximately $51,300.00, totaling $91,672 through January 15, 2013. 4) Al the City Hall, Stair A included design changes for the layout of the beams. There were several hours of welding inspection and non - destructive testing, wldch Included many hours of overtime. The total cost of welding inspection and non - destructive testing is $14,434 through January 17, 2013. This amount Included the 32 hours of overtime for welding inspections. 5) Re -wok and Ucsign Changes — There were several design changes throughout the project and limited re -work, but here are a fete examples of changes besides the snit at the Council Chambers listed above in item no. 3 or Stair A that was listed above in item no. 4. There was approximately one week of re -work on the weld size from % to 3/8 fillet for the wetlands, birdliue, and platform bridges. The skylight frame and triangular columns took approximately three days of re -work. SME added extra nyelds and changes to the stairs. 6) Schedule — The project duration has been extended firma what we originally cstimaled based on the constriction schedule dated April 14, 2010. 7) Our load inspector, Only Nelson, has been on Newport Beach Civic Center since Koury started the project in 2010. Gary has been able to keep the budget relatively tow clue to the multiple certifications he holds. Ide was able to rotate fam different locations on the project. Example: performed concrete and welling inspections in one day to reduce m1 additional inspector. S) On lily I", there was a prevailing wage increase of S2.S0 Attached is a breakdown for the change order request number two Below is [be contracted, requested change order, and revised contract amount Contracted Amount with Approved Change Order No. 1: S 1,036,340 Pending Change Order No. 2 Request: S 273,265 Pending Revised Contract Request: S 1,309,608 Please review our change Oder request. If you have any questions, please contact jilt at (909) 606-6111 ext. 209 or via e -nail JasminK a 1CowyEngineering.com. Best regards, K/oury�Enwineerin &', Testing, Inc. Mrs. lasnin Kelley Project Manager 9 of 14 EXHIBIT B SCHEDULE OF BILLING RATES n i14 KOURY ENGINEERING & TESTING, INC. Page B -1 Koury Engineering & Testing, Inc. Construction Inspection & Material Testing Newport Beach ClAc Center Koury Proposal No. 10 -0263 LABORATORY MATERIALS TESTING Scope of Work from July through January 2012 Reber Band & Tensile - 88 &&wllsr 54 MATERIALS INSPECTION S 35.00 $ 1.89D.00 Reber Bend &Tensile - dg &larger Lead Inspector- Concrete& Welding 810 Hourly S 7G.00 S 61,560.00 Lead Inspector - Concrete & Welding - OT 58.6 Hourly S 114.00 5 6,669.OD Masonry - Site Walls 60 Hourly S 76.00 $ 4,600.0D Masonry - Site Walls - OT 4 Hourly $ 114.00 $ 456.00 Structural Steal - Welding 054 Hourly S 7&00 S 49,704.DD Slmclural Steel - Welding - OT 20 Hourly S 114.DD $ 2.280.00 SWClural Steel - Welding - OT 11 Hourly S 152.00 $ 1.672.00 Steel Fabrication Shop 660 Houdy S 95.00 S 62,700.00 Steel Fabrication Shop - OT 175 Hourly S 142.60 S 24,937.60 Steel Fabrication Shop - OT 10 Hourly S 190.00 S 1,000.00 NDT testing 182 Hourly S 101.50 S 18,473.00 MDT testing - OT 34 Hourly S 16225 $ 5,176.60 Pug Testing It • • . 60 Hourly $ 101.50 S 6,090.00 LABORATORY MATERIALS TESTING Final Material Comptlanre Report Reber Band & Tensile - 88 &&wllsr 54 Sample S 35.00 $ 1.89D.00 Reber Bend &Tensile - dg &larger 2 Sample $ 45.00 $ 90.00 Concrete Cylinder Compression Tests 355 Sample S 20.00 $ 7,100.00 Mortar Compression Tests 32 Sample S 20.00 S 640.00 Grout Compression Tests 12 Sample S 20.00 S 240.00 Masonry Prism Compression Tests 16 Sample S 95.00 S 1,520.00 NonShdnk Grout Compression Testa 45 Sample $ 20.OD $ 900.00 Non-Shrink Gmu( Molds 16 Equipment S 26.00 S 376.DD Air Enuslnment Test Each $ 35.01) S - Couplanl 24.76 Each $ 60.00 S 1,405.00 Mag Particle Powder 2.26 Each $ 20.00 $ 46.00 Torque Wrench 47 Each $ 65.00 S 3,055.00 PROJECT COORDINATION Final Material Comptlanre Report 1 Each $ 6DO.00 S 500.00 Ceril0ed Payroll 22 81- Monthly S 150.00 $ 31300.00 Stall Englnser 6 Hourly $ 130.00 $ 78D.OD Project Manager - Hold Supervisor 39.6 Hourly 5 05.00 $ 3,762.50 Admin 31.6 Hourly S 45.00 S 1.417.50 ' a'` ' ' ii'AZ:?Ilfq'VCPBk- IIh9FYFa0Y� inspection Fees $ 246;178.00 Laboratory Testing Fees $ 17,340.00 Pro ecl CoordlnaUon $ 9,760.00 rn' 11 of 14 HOUR ' ATTACHMENT B ENGINEERING LL TESTING, INC. January 23, 2013 Mr. Fong Tse Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 RE: SPECIAL INSPECTION & MATERIALS TESTING - CHANGE ORDER REQUEST 2 PROJECT: NEWPORT BEACH CIVIC CENTER KOURY PROJECT NO.: 10 -0263 Dear Mr. Tse, This letter is to formally notify you regarding change order request for the Newport Beach Civic Center Project located in Newport Beach, California. Explanation of why we have requested change orders: 1) Fabrication Shop — We performed fab shop inspections in Utah, Arizona, Idaho, Nevada, and California. We utilized out of state inspection firms to perform the inspections on our behalf for the work inspected out of state to be more cost effective for the City of Newport Beach. Due to design changes and the schedule, there were several hours of overtime, multiple shifts, and multiple inspectors. The estimated duration for the inspection in the fabrication shop was 1,824 hours totaling $173,280 and the actual hours were 5,291.50 totaling $564,113.25 through December3l". Differenceof$390,833.25. 2) Edie Fabrication Shop / Sail at the Council Chambers — Koury was at the Edie Fabrication shop in Cerritos to perform welding inspections and non - destructive testing. The work was performed from November through December 6, 2012. The approximate costs for the shop inspection and non - destructive testing were $42,106.25. The welding inspector on -site also observed the installation of the sail at the Council Chambers, along with have a technician to perform non- destructive testing. The hours and cost for the on -site inspector and the non-destructive testing technician was approximately 110.50 hours totaling $9,200 through January 42013. 3) The San Miguel Pedestrian Bridge was an added scope. Koury was utilized for inspections and testing that included concrete and structural steel in the shop and Geld, and non - destructive testing. The on -site inspections and testing cost approximately $40,372.00 and the fabrication shop inspections were approximately $51,300.00, totaling $91,672 through January 15, 2013. 4) At the City Hall, Stair A included design changes for the layout of the beams. There were several hours of welding inspection and non - destructive testing, which included many hours of overtime. The total cost of welding inspection and non - destructive testing is $14,434 through January 17, 2013. This amount included the 32 hours of overtime for welding inspections. ATTACHMENT B 5) Re -work and Design Changes — There iverc several design changes dvoughow the project and limiletl re -work, but here are a few examples of changes besides the sail al the Council Chambers listed above in item no. 3 or Stair A that was listed above in item no. 4. There was approxuualely one week ofre -work on the weld size from'/ to 31S fillet for the wetlands, birdline, and platform bridges. The skylight frame and triangular columns took approximately du'ee days of re -work. SME added extra nvOcIs and changes to the stairs. 6) Schedule —The project duration has been extended from what we originally csfiniated based on the constmetion schedule dated April 14, 2010. 7) Our lead inspector, Gary Nelson, has been on Newport Beach Civic Center since Koury started the project in 2010. Gary has been nble to keep the budget relatively lone due to the multiple certifications he holds. He was able to rotate from different locations on the project. Example: performed concrete and welding inspections in one day to reduce in additional uispector. S) On July I ", there was a prevniling wage increase oCS2.50. Attached is a breakdown for the change order request number Iwo Below is the contracted, requested change order, and revised contract amount: Contracted Amount with Approved Change Order No. 1: S 1,036,340 Pending Change Order No. 2 Request: S 273,265 Pending Revised Contract Request: S 1,309,605 Please review our change Oder request. If you have any questions, please contact me at (909) 606 -6111 ext. 209 or vin e -mail JasnunK@KouryEugineering.coni. Best regards, Koury Engineering & Testing, Inc. PU14"_ij�ut_ Mrs. Jasniin Kelley Project Manager 13 of 14 ATTACHMENT B Koury Engineering & Testing, Inc. Construction Inspection & Material Testing Newport Beach Chic Center Koury Proposal No. 10 -0263 LABORATORY MATERIALS TESTING Scope of Work from July through January 2012 Reba( Band & Tensile - #8 & smaller 54 MATERIALS INSPECTION $ 35.00 $ 1,890.00 Reber Send & Tensile -69 &larger Lead Inspector - Concrete & Welding 810 Hourly S 76.00 S 61,660.00 Lead Inspector- Concrete& Welding - OT 58.5 Hourly $ 114.00 $ 6,669.00 Masonry - Site Walls 60 Hourly S 76.00 S 4,660.00 Masonry - Site Walls - OT 4 Hourly $ 114.00 $ 456.00 Structural Steel - Welding 854 Hourly $ 76.00 $ 49,704.00 Structural Steel - Welding - OT 20 Hourly $ 114.00 S 2,280.00 Structural Steel - Welding - DT 11 Hourly S 152.00 S 1,672.00 Steel Fabrication Shop 660 Hourly $ 95.00 S 62,700.00 Steel Fabrication Shop - OT 176 Hourly S 142.50 S 24,937.60 Steel Fabrication Shop - DT 10 Hourly $ 190.00 S 1,90000 NDT testing 182 Hourly S 101.50 S 18,473.00 NOT lasting - OT 34 Hourly 5 15225 5 5,176.50 Put Testing 60 Hourly S 101.50 S 6,090.00 LABORATORY MATERIALS TESTING Final Material Compliance Report Reba( Band & Tensile - #8 & smaller 54 Sample $ 35.00 $ 1,890.00 Reber Send & Tensile -69 &larger 2 Sample S 45.00 S 90.00 Concrete Cylinder Compression Tests 365 Sample S 20.00 $ 7,100.00 Mortar Compression Tests 32 Sample S 20.00 S 640,00 Grout Compression Tests 12 Sample S 2000 S 240.00 Masonry Prism Compresslon Tests 16 Sample S 96.00 S 1 520.00 Non-Shrink Grout Compression Tests 45 Sample S 20.00 S 900.00 Non-Shrink Grout Molds IS Equipment S 25.00 $ 376.00 Air Entrainment Test Each 5 35.00 $ - Couplant 24]5 Each $ 60.00 $ 1,485.00 Mag Panicle Powder 2.25 Each $ 20,00 S 45.00 Torque Wrench _ 47 Each $ 65.00 S 3,0.55.00 PROJECT COORDINATION Final Material Compliance Report 1 Each S 500.00 $ 600.00 Certified Payroll 22 BI- Monthly S 150.00 S 3,300.00 Stall Engineer 6 Hourly S 130.00 S 780.00 Protect Manager - Fleld SupeMsor 39.5 Hourly S 85.00 S 3,752.60 Admin 315 Hourly S 45.00 $ 1,417.50 ffornw-MaRMUD pp;r o, , ri t VeR-f:yl.YeIVUIOR \:o"Pf;411[op pi \rY3:Yl AlACn Y�oM:17a- _I lnspecl7on Fees S 248,178.D& Laboralory Testing Fees S 17,340.00 P dlacl Co dinKti 5 9,750.00 14 of 14