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Home My WebLink About07 - Newport Boulevard-Hospital Road Right Turn ModificationsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 April 25, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Steve Luy, Project Engineer 949 - 644 -3311 or sluy @city.newport- beach.ca.us SUBJECT: NEWPORT BOULEVARD /HOSPITAL ROAD RIGHT TURN MODIFICATIONS —AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH W.G. ZIMMERMAN ENGINEERING RECOMMENDATION: Approve Amendment No. 3 to Professional Services Agreement with W.G. Zimmerman Engineering, Inc., and authorize the Mayor and City Clerk to execute the Amendment. DISCUSSION: On September 2, 2003, the Public Works Director approved a Professional Services Agreement with W.G. Zimmerman Engineering, Inc. (Zimmerman) for $24,110.00 to provide engineering, geotechnical services, and Caltrans encroachment permit processing. On January 27, 2004, the City Council approved an amendment to the agreement in the amount of $7,364.00 to perform a biological and cultural assessment of the project, as requested by Caltrans District 12. Amendment No. 2 added $1500.00 to the agreement on March 24, 2004. Zimmerman has completed final design and has submitted a proposal to amend its scope of services and fee in an amount not to exceed $10,000 in response to requirements made by the State Regional Water Quality Control Board. These additional services are for resolving conflicting requirements between the State Regional Water Quality Control Board and Caltrans pertaining to revegetation requirements for native vegetation that will be removed by the project. Since the increase is more than 25% of the original contract amount, City Council approval is required per Council Policy F -3. Staff concurs that the additional $10,000.00 is appropriate for the needed additional tasks and recommends Council approval. Newport Boulevard Hospital Road Right Turn Modifications — Amendment No. 3 to Agreement with W.G. Zimmerman Engineering April 25, 2006 Page 2 Environmental Review: A mitigated negative declaration has been prepared for this project and is under review by the jurisdictional agencies. Public Notice: Not applicable at this time. Funding Availability: This year's Capital Improvements Program budget includes funds for this project. There are sufficient funds available in the following account for the project: Account Description Transportation and Circulation Fund Prepared by: :5 J �4 Steve 6y Project Engineer Account Number 7261- C5200737 Submitted by: Amount $10,000 Badum s Director Attachments: Amendment No. 3 to the Professional Services Agreement AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH W.G. ZIMMERMAN ENGINEERING INC. FOR NEWPORT BOULEVARD /HOSPITAL ROAD RIGHT TURN MODIFICATIONS THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2006, by and between the City of Newport Beach, a municipal corporation, (hereinafter referred to as "CITY ") and W.G. Zimmerman Engineering Inc., whose address is 801 Pacific Coast Highway, Suite 200, Seal Beach, California 90740, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS: A. On September 9, 2003, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for design services for the Newport Boulevard /Hospital Road Right Turn Modifications Project, hereinafter referred to as "PROJECT." B. On January 27, 2004, City and Consultant entered into an Amendment No. 1 to the Agreement, in which Consultant's Scope of Work was expanded to perform a biological and cultural assessment of the project, as requested by Caltrans District 12. The additional compensation due Consultant under Amendment No. 1 was $7,364.00 On March 24, 2004, City and Consultant entered into an Amendment No. 2 to the Agreement, in which Consultant's Scope of Work was further amended. The additional compensation due Consultant under Amendment No. 2 was $1,500.00. C. CITY desires to enter into this AMENDMENT NO. 3 to reflect additional services to be provided that were not included in the original AGREEMENT, and to extend the term of the AGREEMENT to June 30, 2007. These additional services are related to requirements of the State Regional Water Quality Control Board and changes as requested by Caltrans District 12, pertaining to environmental issues, impact to perennial waters, creation of 0.06 acres of riparian waters of the U.S., non- native vegetation removal and development of a regular monitoring program for the establishment of riparian waters, in an amount not to exceed $10,000.00. D. CITY desires to compensate CONSULTANT for these additional professional services needed for PROJECT. 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 services performed pursuant to this AMENDMENT NO. 3 according to "Exhibit A" dated January 24, 2006, and attached hereto. 2. Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 3 shall not exceed Ten Thousand and 001100 Dollars ($10,000.00). 3. The term of the AGREEMENT shall be extended to June 30, 2007. 4. 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: Aaron C. Harp, Asst. City Attorney ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation Don Webb, Mayor W.G. ZIMMERMAN ENGINEERING, INC.: M (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates January 24, 2006 Exhibit A Rich Edmonston, P.E. ` Transportation and Development Services Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Mr. Bob Stein, P.E., Principal Civil Engineer Subject: Newport Boulevard Right Turn Lane at Hospital Road Proposal for Additional Costs Related to Design Changes and Extra Consulting Services Required by State Regional Water Quality Control Board and Caltrans Dear Mr. Edmonston: W. G. Zimmerman Engineering, Inc. is forwarding our cost proposal for additional design changes and additional consulting services related to requirements by the State Regional Water Quality Control Board and Caltrans concerning environmental issues, impact to perennial waters (187 linear feet), creation of 0.06 acres of riparian waters of the U.S., non- native vegetation removal, and development of a regular monitoring program for the u establishment of riparian waters. f FEE Due to the nature of the required work noted above being subject to undefined criteria of the State Regional Water Quality Control Board x and Caltrans, consulting fees cannot be easily estimated. Therefore consulting fees are proposed to be on a time and materials basis at the rates noted in the attached SCHEDULE OF BILLING RATES. E Work is proposed to be performed in increments not to exceed $10,000 �s y without prior approval of the City of Newport Beach. W. G. Zimmerman Engineering, Inc. will advise the City of Newport Beach when the current increment of work reaches the $10,000 amount. If you have any questions please contact Ron Brust, P.E. at (562) 594 -8589, ext. 17, or Cell Phone (562) 254 -0082. Sincerely, i W. G. Zimmerman Engineering, Inc. °ill Zimmerman, P.E. President Cc: Steve Luy P.E., Associate Civil Engineer, City of Newport Beach Ron Brust, P.E., Project Manager — WGZE Project File �t s Exhibit B W. G. ZIMMERMAN ENGINEERING, INC. SEAL BEACH, CALIFORNIA CY 2006Billing Rate Schedule (Adopted 1/1/06) L?:asszfcsbion Rate ";rcipal $185.00/Hr Se for Project Manager (Registered) $165.00/Hr r:eat Manager (Registered) $155.00/1ir :> ^roect Engineer (Registered) $120.00/lir eat Engineer $110.00/Hr Senior Associate Engineer $ 90.00/Hr Associate Engineer $ 85.0011ir CADD Manager /Senior Designer $100.00 /Hr C.kDTD)'Technician $ 75.00/Hr , �Wstration/Offtce Support $ 60.00 /Hr ti � -* abor Expenses ;eage (local) 44.5¢ per Mile °^ ;frog Cost plus 5% e; o ction (Blue lines) Cost plus 5% c,:asnses (such as sub - consultants, outside services Cost plus 10% r special equipment needs)