HomeMy WebLinkAbout11 - Newport Coast Community Center Agreement AmendmentCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 11
April 10, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Lloyd Dalton, PE
949 - 644 -3328 or Idalton @city.newport- beach.ca.us
SUBJECT: NEWPORT COAST COMMUNITY CENTER— AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC SOILS
ENGINEERING, INC.
RECOMMENDATIONS:
Approve Amendment No. 3 to Professional Services Agreement with Pacific Soils
Engineering, Inc. for a not to exceed amount of $5,156 and authorize the Mayor and
City Clerk to execute the Amendment.
DISCUSSION:
On November 12, 2002, the City Council approved a Professional Services Agreement
with Pacific Soils Engineering, Inc. (Pacific Soils) for $47,500 to provide geotechnical
design services for Newport Coast Community Center. On November 4, 2004,
Amendment No. 1 added $10,000 to the Agreement to provide for additional design
work. Geotechnical design services were completed by Pacific Soils for a total cost of
$35,958.38. The encumbrances were closed and the remaining contract amounts were
returned to the fund balance. On April 25, 2006, the City Council approved a contract
and funding to construct Newport Coast Community Center. Geotechnical services
were required during the precise grading and on -site construction phases of
construction. On July 11, 2006, the City Council approved Amendment No. 2 adding
$35,500 to the agreement with Pacific Soils to provide such services.
On March 9, 2007, Pacific Soils submitted a request to amend its scope of construction
services and fees in an amount not to exceed $5,156 in order to complete geotechnical
services at the site (copy attached). Pacific Soils' additional scope of services is
detailed on Page 2 of their request, titled 'EXPLANATION OF CHANGE ORDER
REQUEST #1 TO AMENDMENT No. 2'. Since the increase, coupled with Amendment,
No. 1 and No. 2, is more than 25 percent of the original contract amount, City Council
approval is required per Council Policy F -14. Staff concurs that the fee of $5,156 is
appropriate for Pacific Soils' additional tasks, and recommends that City Council
approve the amendment.
NEWPORT COAST COMMUNITY CENTER- AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH
PACIFIC SOILS ENGINEERING, INC.
April 10, 2007
Page 2
FUNDING AVAILABILITY:
Sufficient funds remain in the following account to reimburse Pacific Soils for their
additional services under proposed Amendment No. 3:
Account Description
Newport Coast Community Center
Prepared
. ►.. .
D- Engineer
Account Number
7298- C5100705
Total:
Attachment: Letter from Pacific Soils dated March 9, 2007
Draft Amendment No. 3
Submitted
Amount
5156
$5156
in G. Badum
Works Director
AMENDMENT NO. 3
TO
PROFESSIONAL SERVICES AGREEMENT
WITH PACIFIC SOILS ENGINEERING, INC.
FOR
NEWPORT COAST COMMUNITY CENTER
THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this _ day of ' , 2007, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and
PACIFIC SOILS ENGINEERING, INC., a California corporation, whose address is 3002
Dow Avenue, Suite 514, Tustin, California 92780 (hereinafter referred to as "Consultant "),
is made with reference to the following:
RECITALS
A. On November 12, 2002, City and Consultant entered into a Professional
Services Agreement, hereinafter referred to as "Agreement ", for
geotechnical design services for the Newport Coast Community Center,
hereinafter referred to as "Project ".
B. On November 4, 2004, City entered into Amendment No. 1 to reflect
additional geotechnical design services not contemplated in Agreement
and to extend the term of Agreement to December 31, 2005.
C. On July 11, 2006, City entered into Amendment No. 2 to retain and
compensate Consultant for construction phase geotechnical services not
contemplated in Agreement and to extend the term of Agreement to
December 31, 2007.
D. City now desires to retain and compensate Consultant for additional
construction phase geotechnical services not contemplated in Agreement
and Amendment 2.
E. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as Amendment No. 3, as provided below:
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall be compensated for professional services performed
pursuant to this Amendment No. 3 in accordance with "Exhibit A" dated
March 9, 2007, and attached hereto.
2. Total additional compensation to Consultant for services performed
pursuant to this-Amendment No. 3 for all work performed in accordance
with this Amendment. No. 3, including all reimburseable items and
subconsultant fees, shall not exceed Five Thousand One Hundred Fifty
Six Dollars ($5,156).
3. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 on
the date first above written.
APPROVED AS TO FORM:
,— C _
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
City Clerk
Attachment: Exhibit A
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
PACIFIC SOILS ENGINEERING, INC.
By:
(Financial Officer)
Title:
Print Name:
PACIFIC SOILS ENGINEERING, INC.
3002 DOW AVENUE, SUITE 514, TUSTIN. CALIFORNIA 92n0
TELEPHONE: (714) 730 -2122, 5A %;(714)730 -5191
CITY OF NEWPORT BEACH
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, California 92658 -8915
RECEIVED
MAR 19 2007
Public Works Department
City of Newport Beach
March 9, 2007
Work Order 500601 -G
Attention: Mr. Lloyd Dalton
Subject: EXPLANATION OF CHANGE ORDER REQUEST #1
TO AMENDMENT NO.2
Professional Services Agreement with Pacific Soils Engineering, Inc.
For Newport Coast Community Center
6401 San Joaquin Hills Road
City of Newport Beach, California
References:
1. Cost Estimate for Geotechnical Services During Precise Grading and On -Site Construction,
Newport Coast Community Center, City of Newport Beach, California; by Pacific Soils
Engineering, Inc., dated May 31, 2006 (W.O.500601 -G).
2. Change Order Request #1 to Amendment No. 2 to Professional Services Agreement with
Pacific Soils Engineering; Inc. For Newport Coast Community Center, 6401 San Joaquin
Hills Road, City of Newport Beach, California; by Pacific Soils Engineering, Inc., dated
January 18, 2007.
Gentlemen:
Per your request, the following provides an explanation for the amount of the referenced Change
Order Request totaling $5,200.00. Please note that the original cost estimate (Reference 1), which
accompanied the services agreement, presents estimated fees based on assumed hours to complete
the tasks however the billing is done on a time and materials basis. Following is a summary of the
hours and fees for services that are in excess of the original estimate. The summarized fees were
rounded to the nearest hundred dollars for the purposes of the Reference 2 Change Order.
Cear4it,(14 783 -7843
g1' o70.984n
PORATE NEAOARTE
R1 QV41�
LOS ANGELES COUNTY RIVEPSICE COUNTY
TEL' (310) 325 -7272 or (323) 775 -6771 TEL (951) 562 -0170
FAX: (714) 220 -9569 FAX: (951) 682.0176
SAN DIEGO COUNTY
TEL' (956) 560.1713
FAX: (958) 560-0390
Work Order 500601 -G
March 9, 2007
Page 2
Charges Outside Scope of Original Agreement (See the Reference 1 Cost Estimate in Appendix A).
Sewer tie -in on Newport Coast Drive
Additional hours for geologist due to hard rock
Meetings (Geotechnical Engineer)
Meetings (Engineering Geologist)
26.5 hrs.
x $92.00 * /hr.
$2438.00
10.0 hrs.
x $123.00 * * /hr.
$1230.00
3.0 hrs.
x $148.00 * * /hr.
$ 444.00
4.0 hrs.
x $123.00 * * /hr.
$ 492.00
(Anticipated hours in excess of the Reference 1 estimate to complete
post grading observation and testing 6.0 hrs. x $92.00 * /hr. 552.00
TOTAL $5156.00
* includes hourly wage plus charges for field vehicle and nuclear test gauge
** includes hourly wage plus charges for field vehicle
Should you have any questions, please do not hesitate to contact this firm at (714) 730 -2122.
Respectfully submitted,
PACIFIC SOILS ENGINEERING, INC.
By:'
C A RIZZI- S /CEG 1987
Reg. Exp.: 12 -31 -07
Certified Engineering Geol
Distribution: (1) Addressee
(1) Ms. Kim Harvey via fax
Reviewed by:
RONALD A. REED/RGE 2524
RCE 53581/Reg. Exp.: 6 -30 -07
Manager of Geotechnical Services
CED:S W:RAR:rb:500601 -G, March 9, 2007 (Explanation of Change order No. 1)
Attachments:
Appendix A— W.O. S00601 -G Cost Estimate dated May 31, 2006
PACIFIC SOILS ENGINEERING, -INC.
APPENDIX A
COPY OF THE REFERENCE 1 COST ESTIMATE
PREPARED BY
PACIFIC SOILS ENGINEERING INC.
DATED MAY 31, 2006
PACIFIC SOILS ENGINEERING, INC.
EXHIBIT A
aPACIFIC SOILS ENGINEERING, INC.
3002 DOW AVENUE, SUITE 514. TUSTIN, CALIFORNIA 92780
TELEPHONE: (714)730.2122, FAX: (714) 730 -5191
CITY OF NEWPORT BEACH May 31, 2006
3300 Newport Blvd. Proposal No. 06 -5-019
P.O. Box 1768 Work Order 500601 -0
Newport Beach, California 92658 -8915
Attention: Mr. Lloyd Dalton
Subject: COST ESTIMATE FOR GEOTECHNICAL SERVICES
During Precise Grading and On -Site Construct QL, r- �(
Newport Coast Community Center VV
City of Newport Beach, California
Ns DeP
References: See Appendix P GB o e8901A a gce lrtte�
Gentlemen:
Pacific Soils Engineering, Inc. (PSE) is pleased to present this cost estimate to provide
geotechnical consulting services in support of development of the subject site. The scope of this
proposal is based on a review of the referenced reports; discussions with representatives of the
City of Newport Beach; presumed schedules and phasing; and this firm's experience with similar
projects.
The following is a description of tasks that are considered a part of the scope of work to be
conducted by PSE during site development.
ITEM -1: Precise Grading
The geotechnical consulting and testing services to be provided during precise grading of the
subject site will consist of the following: full -time observation and testing during precise grading
operations; laboratory testing of representative soil samples; preparation and submittal of one (1)
precise grading report documenting PSE's observations and laboratory test results collected during
precise grading as well as presenting final geotechnical design parameters and recommendations.
PSE's engineer will attend weekly project meetings prior to construction and during grading as
requested. Based on an assumed time of 15 working days to complete precise grading, the total
estimated cost is $22,500.00 for the above scope of work.
CORPORATE HEADQUARTERS LOS ANGELES COUNTY RIVERSIDE COUNTY SAN DIEGO COUNTY
TEL (714) 220-0770 TEL: (310) 325 -7272 or (323) 775 -6771 TEL: (951) 582 -0170 TEL (868) 560 -1713
FAX: (714) 220 -9589 FAX: r7141 220-9589 FAX: (951) 562-0176 FAX: (858) 560 -0380
Proposal No.. 06-5-019
May 31, 2006
ITEM -2; On -Site Construction
Page 2
The geotechnical observation and testing services to be provided during on -site construction
operations will encompass the following: building and retaining wall footing excavations;
building slab presaturation verification; utility lateral trench backfill (storm drain, sewer, water,
joint utility area drains); curb and gutter and parking area subgrade compaction; base material
compaction; asphalt laydown operations; and exterior flatwork subgrade compaction and
presaturation. Observation and testing services during on -site construction will be on a part -time
basis. These services will be provided on an as- needed, on -call basis as requested by the project
superintendent. A final soils report documenting the on -site construction activities will be
prepared. It is assumed that only one (1) final soil engineering report encompassing the entire
project will be necessary. Laboratory testing and associated office support will be provided
during on -site construction. Based on an assumed time of 80 hours of part-time soils technician
time during on -site construction, the total estimated cost is $13,000.00 for the above scope of
work.
This proposal assumes that the project is characterized as "Public Works by the State Department
of Industrial Relations and, therefore, would fall under the current interpretation of the California
prevailing wage law. Therefore, the project is subject to a higher pay rate for soils technicians to
comply with State law and, therefore, a higher billing rate. The hourly rates for soils technicians
used in preparation of this cost estimate have incorporated the higher billing rate associated with
"Public Works" projects and prevailing wage law.
During site development and on -site construction operations, eight -hour days and five -day
workweeks have been incorporated into this cost estimate. Should the contractor elect to work in
excess of eight hours A day or should they work Saturdays, Sundays or Holidays, an overtime factor
1 -' /a times the hourly rate will be applied.
ITEM -1: Precise Grading
ITEM -2: On -Site Construction
SUMMARY
GRAND TOTAL
PACIFIC SOILS ENGINEERING, INC.
$ 22,500.00
$ 13.000.00
$ 35,500.00
Proposal. No. 06 -5 -019
May 31, 2006
Page 3
The above costs are based upon assumed times to complete the various tasks. It is also assumed
that meetings with your staff and/or consultants will be required. However, due to the unknown
nature of the number or frequency of meetings, additional conference time will be billed in
accordance with the attached FEE SCHEDULE. Fees will be billed on a time and materials
basis, utilizing the attached FEE SCHEDULE, but will not exceed the estimated amount unless
the scope of the project changes or without your prior authorization.
Pacific Soils Engineering, Inc. appreciates the opportunity to present this proposal. Should you
have any questions, please contact the undersigned at our Tustin Office.
Respectfully submitted,
PACIFIC SOILS ENfJINEERING, INC.
STEVEN L. JESUP
Civil Engineering Associate
Reviewed by:
peel
RONALD A. REED
Manager of Geotechnical Services
Distrlbution:(1) Addressee
S W RAR:rb -06-5 -019, May 31, 2006, (Newport Coast Community Center City of Newport Beach)
Attachment: Fee Schedule
AUTHORIZED BY:
Title
Date
PACIFIC SOILS ENGINEERING, INC.
Proposal No. 06-5 -019
May 31, 2006
APPENDIX
References
Page 4
Department of the Army, U.S. Army Corps of Engineers, Engineer Manual No. 1110 -1 -1904, dated
September 30, 1990.
John A. Sayers and Associates, 1993, Rough Grading Geotechnical Report, Newport Ridge, Lots
"M ", "Q ", and 8 Portions of Lot 10 and Newport Ridge Drive East from Station 46 +60 to
65+00, and Including Crib Wall Number 2 and Gas Mitigation Trench Construction, Tract
14509, Orange County, California, For Coastal Community Builders, W.O. 340 -2 -69, dated
September 10, 1993,
NMG Geotechnical, Inc., 1995, Geotechnical Report of Observation and Testing of Precise Grading
for a Portion of Newport Ridge Community Park, Including Entry Plaza, Tennis Courts,
Basketball Courts, Play Fields and Park Areas, Newport Coast, County of Orange, California,
Project Number 94075 -1, dated May 19, 1995,
Pacific Soils Engineering, Inc., 2003a, Geotechnical Investigation, Proposed Newport Coast
Community Center, Northwest Comer of Newport Coast Drive and San Joaquin Hills Road,
City of Newport Beach, California, W.O. 500601, dated March 7, 2003,
Pacific Soils Engineering, Inc., 2003b, Geotechnical Investigation, Proposed Newport Coast
Community Center, Northwest Comer of Newport Coast Drive and San Joaquin Hills Road,
City of Newport Beach, California, W.O. 500601, dated March 7, 2003, Revised March 24,
2003,
Pacific Soils Engineering, Inc., 2004, Supplemental Geotechnical Investigation and Grading Plan
Review, Proposed Newport Coast Community Center, Northwest Comer of Newport Coast
Drive and San Joaquin Hills Road, City of Newport Beach, California, W.O. 50060 IA, dated
December 22, 2004,
Pacific Soils. Engineering, Inc., 2005a, Response to the City of Newport Beach Geotechnical Report
Review Checklist Dated July 26, 2005, Newport Coast Community Center, City of Newport
Beach, California, W.O. 500601 -A, dated November 17, 2005.
Pacific Soils Engineering, Inc., 2005b, Response to the City of Newport Beach Review of
Geotechnical Response, Dated November 29, 2005, Newport Coast Community Center, City of
Newport Beach, California, W.O. 500601 -A, dated January 27, 2006,
PACIFIC 6011.5 ENGINEERING, INC.
PACIFIC SOILS ENGINEERING, INC.
3002 DOW AVENUE, SUITE 514, TUSTIN. CALIFORNIA 927 -80
TELEPHONE: (714) 730 -2122, FAX: (714) 730$191
FEE SCHEDULE FOR SERVICES RENDERED
(EFFECTIVE MAY 29, 200 5)
Principals (consultations)
Project Engineers and Geologists
Civil Engineers & Engineering Geologists (registered)
Civil Engineering & Engineering Geology Associates
Civil Engineering & Engineering Geology Assistants
Senior Soils Technicians
Senior Soils Technicians (Prevailing Wage Project)
Soils Technicians
Soils Technicians (Prevailing Wage Project)
Laboratory Technicians
Associate Soils Technicians
Technical Illustrator
CAD Illustrator
Expert Witness (Research)
Expert Witness (Testimony)
LABORATORY
1) Lab, Max. Density $ 128.00
2)
Direct Shear
$ 128.00
3)
Swell Test _
$ 32.00
4)
Hydrometer
$ 48.00
5)
Sieve
$ 64.00
6)
Full Gradation
$ 128.00
7)
Sand Equivalent
$ 64.00
8)
Consolidation
$ 128.00
9)
Unconfined Compression
(Soil)
$ 64.00
$ 64.00
(Rock)
$ 128.00.
10)
Triaxial Shear — Time Only
11)
C.B.R.
$ 288.00*
12)
Specific Gravity
$ 64.00
$ 160.00/lu.
$ 140.00/lu.
$ 115.00/lu.
$ 88.00/hr-
$ 79.00/lu.
$ 72.00/lu.
$ 84.00/lu.
$ 64.00/lu.
$ 78.00/lu.
$ 64.00/lu.
$ 60.00/lu.
$ 60.00/lu.
$ 78.00/lu.
$ 200.00/hr.
$ 300.00/lu.
13)
Atterberg Limits
$ 128.00
Atterberg Limits with
Shrinkage Limits
$ 192.00
14)
Permeability
Quote
15)
"R" -Value
$ 416.00
16)
Moisture & Density
$ 16.00
Moisture Only
$ 16.00
Density Only (rock or
chunk samples)
$ 64.00
17)
Concrete Testing **
18)
Ring Pressed for
Moisture & Density
$ 16.00
19)
A.S.C.E. Swell Index
$ 96.00
20)
Durability Index
$ 192.00
THE FOLLOWING CHARGES WILL APPLY IN ADDITION TO THE ABOVE:
(a) Equipment Rental
(b) Blueprints/Reproduction/Reports
(c) Per Diem and Travel Expenses on Out -of -Town Jobs
(d) Field Vehicles ($7.00 per hour)
(e) Nuclear Gauge Equipment (when used) — ($6.00 per hour)
* includes 5 -layer laboratory maximum density
** per contract agreement
- fee schedule �5 -05)
CORPORATE NEADOUA TERS LOS ANGELES COUNTY RIVERSIDE COUNTY SAN DIEGO COUNTY
TEL: (714) 220 -0770 TEL: (310) 3254272 or (323) 775 -6771 TEL' (951) 582 -0170 TEL: (858) 660 -1713
FAX: (714) 220 -9589 FAX: (714) 220 -9589 FAX: (951) SB2 -0176 FAX: (858) 560 -0380