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HomeMy WebLinkAbout11 - Newport Boulevard / Pacific Coast Highway "Arches" Interchange Improvements - Contract No. 2886September 28,1998 CITY COUNCIL AGENDA ITEM NO. 11 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: NEWPORT BOULEVARD / PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS — CONTRACT NO. 2886 RECOMMENDATIONS: 1. Authorize Amendment No. .2 to the Professional Services Agreement with MK Centennial (MK) for construction management services. 2. Authorize a budget amendment to appropriate $56,653.37 from the Circulation and Transportation Fund, unappropriated surplus fund balance to Account No. 7261 - 05100199. DISCUSSION: On June 23, 1997, the City Council approved a professional services agreement with MK to provide contract management services for the Arches Interchange construction project. MK is doing a very good job of managing the construction activities, and it is anticipated that the project will be completed on schedule by April 1, 1999. Surveying is a part of the construction management services provided by MK, and MK has requested that their contract surveying allocation be increased by $56,653.37. As this complicated project has progressed through its various stages, the contracted surveying and call -back surveying has exceeded projections. In order to complete the contract, the allocation for surveying needs to be increased. Additional surveying has been required because 1) the project site is unusually confined, such that the work must be performed in phases instead of a single operation; 2) the site is laden with utilities (water, gas, PacBell, Edison, Comcast, and Sanitation District transmission mains and telemetry) that must be replaced, relocated, undergrounded and /or protected to accommodate each phase of constructing the improvements; 3) provisions are being made along Newport Boulevard to underground utility feeds to homes along Clubhouse Avenue; and 4) traffic flow must be routed around wherever the utility companies are working. Most of the utilities are underground, and many have been found to be in locations different than shown on record plans. This causes certain elements of work to be surveyed more than once, and other work to be surveyed in bits and pieces. As a consequence, MK's survey subcontractor has been called out many extra times to SUBJECT: Newport Boulevard And Coast Highway "Arches" Interchange Improvements - Contract No. 2886 September 28, 1998 Page 2 layout and to re- establish surveys for the Contractor and for utility companies. This is "unforeseen" work that is not included in the City's contract with MK. The City and its representatives were responsible for coordination of these efforts in order to make all planned improvements and have had to request extra surveying on many occasions. MK has requested an amendment to their construction management contract to cover the increased surveying costs. A copy of MK's August 13, 1998, proposal is attached, with the amount needed as follows: Surveying Subcontract Items Authorized Projected Amount Needed In scope services $89,294.00 $99,852.06 $10,558.06 Out of scope services 0 46,095.31 46,095.31 Totals $89,294.00 $145,947.37 $56,653.37 If authorized, a budget amendment to cover the net amount needed, $56,653.37, will increase MK's construction management fee by 5.4% from $1,047,722.00 to $1,104,375.37. The attached draft Amendment No. 2 provides for compensation to MK Centennial for these additional services. Staff recommends that the amendment be approved and a budget amendment be approved to appropriate funds from the Transportation and Circulation Fund, unappropriated surplus fund balance to Account No. 7261- C5100199. Res pect sub mitt PUBLIC ORKS DEPARTMENT Don Webb, Director Lloy,dR. Dalton, Project Attachments: Current Professional Services Agreement with MK Centennial MK Centennial proposal of August 13, 1998 Proposed Amendment No. 2 to Professional Services Agreement Budget Amendment f:\groups\pubworks\ council \fy98- 99\sept -28 \M K -Cenle PROFESSIONAL SERVICES AGREEMENT NEWPORT BOULEVARD / PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGEIMPROVEMENTS THIS AGREEMENT, entered into thisZ74day of 1997 by and between the CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and MK Centennial, whose address is 17300 Red Hill Avenue, Suite 150, Irvine, CA 92614 (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. The principal member of Consultant's Irvine office is Michael B. Harrington. C. City desires to engage Consultant to provide construction management services for NEWPORT BOULEVARD / PACIFIC COAST HIGHWAY "ARCHES INTERCHANGE IMPROVEMENTS (hereinafter referred to as "Project "), upon the terms and conditions contained in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The Term of this Agreement shall commence on the—day of .1997, and shall terminate on the day of 19_, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform the tasks set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B ", attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $928,014.00. 4. STANDARD OF CARE All of the work shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. The Consultant shall be responsible to City for any errors or omissions in the execution of this Agreement. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment with City will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including, but not limited to, unemployment insurance, worker's compensation plans, vacation and sick leave, are available from City to Consultant, its employees or agent. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments or other purposes normally associated with an employer- employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER The Consultant shall assign the project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to the City at all times. The Consultant has designated J. David Wanderling, P.E. to be its Project Manager. 8. TIME OF PERFORMANCE The tasks to be performed by Consultant shall be in accordance with the schedule specified in Exhibit "A". &.*W . Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS n Consultant agrees to indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suites, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from any and all negligent actions of Consultant, its employees, agents or subcontracts in the performance of services or work conducted or performed pursuant to this Agreement. Consultant shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies arising from or in any manner connected to Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Consultant's insurance policies, with the exception of Professional Errors and Omissions, shall add as additional insured City, its elected officials, officers and employees for all liability arising from Consultant's services as described herein. Prior to the commencement of any services hereunder, Consultant shall provide to City certificates of insurance from an insurance company certified to do business in the State of California, with original endorsements, and portions of Consultant's policies, if requested by City, for the following insurance, with Best's Class A7 or better carriers; unless otherwise approved by City: A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California; B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of $1 Million. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided nor canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any interest in this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of an attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint venture. 15. REPORTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. No report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information which results from the services in this Agreement is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES City shall furnish to Consultant base maps, existing studies, ordinances, data and other existing information as shall be requested by Consultant and materials in City's possession necessary for Consultant to complete the work contemplated by this Agreement. City further agrees to provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by City's Public Works Department. City's Public Works Director or his /her designees shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. EXTRA WORK Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit "B." All extra work must be authorized in writing by City and Consultant shall not be entitled to extra compensation without authorization. 20. RECORDS Consultant shall keep records and invoices in connection with its work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 21. REIMBURSEMENT FOR EXPENSES Consultant shall not be reimbursed for expenses unless the expenses were previously authorized in writing by City. 22. MONTHLY INVOICES Consultant shall submit invoices to City on a monthly basis in accordance with Consultant's schedule of fees contained in Exhibit "B" hereof. Each invoice will be itemized. Each invoice shall show the number of hours worked per person /consultant and the nature of the work performed. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days of receiving a monthly invoice, unless City disputes the amount Consultant claims is owned under this Agreement. 24. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue its work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. The determination of the City Manager with respect to such matter shall be final. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 25. ERRORS AND OMISSIONS In the event that City determines that Consultant's negligence, errors or omissions in the performance of work under this Agreement has resulted in expense to City greater in than would have resulted if there were no such negligence, errors or omissions in Consultant's services, Consultant shall reimburse City for the additional expenses incurred by City including engineering, construction and /or restoration expense. Nothing herein is intended to limit City's rights under any other sections of this Agreement. 26. FIVE PERCENT (5 %) WITHHOLDING City may withhold an amount equivalent to five percent (5 %) of the total compensation provided herein, to be released to Consultant upon acceptance of all construction work by the Mayor and City Council. City reserves the right to refuse to pay all billings requesting amounts in excess of ninety -five percent (95 %) of the total compensation provided herein until Project is completed and accepted as specified above. 27. NONDISCRIMINATION BY CONSULTANT Consultant represents and agrees that Consultant, its affiliates, subsidiaries or holding companies do not and will not discriminate against any subcontractor, consultant, employee or applicable for employment because of race, religion, color, sex, handicap or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 28. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 29. CONFLICTS OF INTEREST 31 A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any claims for damages resulting from Consultant's violation of this Section. 30. SUBCONTRACTING A. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior approval of City. B. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 31. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 12 Newport Beach, CA 92658 -8915 Attn: Lloyd R. Dalton, P.E. All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: MK Centennial 17300 Red Hill Avenue, Suite 150 Irvine, CA 92614 Attn: Michael B. Harrington, Vice President 32. TERMINATION In the event Consultant hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and Consultant fails to give adequate assurance of due performance within two (2) days after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving written notice thereof to Consultant. City shall have the option, at its sole discretion and without cause, of terminating this Agreement without cause by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 1 1 33. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 34. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 35. WAIVER A waiver by City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 36. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 14 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. CITY OF NEWPORT BEACH A Municipal Corporation By: j MAYOR ATTEST: CONSULTANT �2 CITY CLERK AP7 TO FORM: CITY ATTORNEY i�; MK CENTENNIA fAusers \pbw \Idalton\agreemts Wt K- Ce nt. doc 5/21/97 Consultant's construction management (CM) services shall include, but not be limited to, providing the following items of work: 1. Furnishing the CM team shown on attached sheet ORGANIZATION to provide full - time inspection, including daily log of activities, during the construction period (anticipated to be 18 months). 2. (Not used) 3. Providing a constructability review of PS &E for the project, to be completed and submitted in writing to City staff no later than May 9, 1997. 4. Attending the pre -bid meeting. 5. Recording by video and phototography all exterior privately- and publicly -owned improvements in the field, and collecting other field data (specify in your proposal) as required to adequately document before -, during -, and after - construction conditions. 6. (Not used) 7. Arranging for and conducting a preconstruction meeting and attending a partnering conference; attending repartnering conferences as needed to avoid or resolve disputes; preparing and distributing minutes for the preconstruction meeting. 8. Implementing a system for tracking and managing paper and electronic files, including letters, requests for information, submittals, contracts, reports, manuals, progress payments, change orders, etc. 9. Monitoring and reviewing the Contractor's construction schedule, and notifying the City and the Contractor of actual or potential deviations from the most recently - approved schedule. Pro - actively work with the Contractor and City to identify possible schedule set - backs. 10. Accepting and reviewing the Contractor's shop drawings and submittals, and returning them for non - compliance, if necessary; recommending approval, and tracking and prompting timely City and design engineer approval of shop drawings and submittals. 11. Conducting periodic reviews and written notifications to the Contractor and the City concerning jobsite safety. 12. Furnishing special inspections, testing and surveying services, and identifing those services that are traditionally provided by the Contractor. Materials testing to include laboratory work. 13. Observing and documenting that the work complies with the bid documents and with permits issued by other agencies; providing notifications to the Contractor and to the appropriate agencies when work does not comply; and preparing periodic inspection reports. 14. Coordinating the Traffic Management Plan, inspection and testing work provided by the Contractor and /or City. 15. Meeting with others to coordinate the Arches construction with their construction; that is, a) The City will most likely landscape the vacant lot at Via Lido between Newport Boulevard & Central Avenue before the end of 1997; b) Within a year, the Sanitation Districts of Orange County intends to begin constructing a new "Lido" pump station on the vacant lot at 3531 Newport Boulevard to replace their existing pump station at Newport Boulevard & Short Street, whereupon their existing pump station will be demolished and park improvements built upon the existing and new pump station sites. c) Within a year, Hoag Memorial Hospital intends to construct a parking garage and an administration building along the northerly side of PCH adjacent to the Arches interchange; d) Proximate to the completion of the Arches project, Caltrans intends tojoin" the Newport Boulevard roadway construction of the Arches contract and rehabilitate s/b Newport Boulevard northerly of Hospital Road and n/b Newport Boulevard northerly of the Old Newport Boulevard hook ramps; e) Southern California Edison, Pacific Bell, and Comcast Cablevision lines will be undergrounded along Newport Boulevard south of Pacific Coast Highway prior to the end of 1997; and f) Southern California Gas Company, Southern California Edison, Pacific Bell, and Comcast Cablevision lines will be relocated along Newport Boulevard and Pacific Coast Highway during construction. 16. Interpreting the contract documents or requesting the design engineer to interpret the contact documents, and if necessary, requesting clarifications, details, field meetings, etc. from the design engineer. 17. Providing a telephone "hot line" and a broad scope of public relation activities with surrounding property owners, residential and business associations, Hoag Memorial Hospital, Caltrans, the City Council, and the local news media. 18. Conducting regularly - scheduled (at least weekly) construction meetings with the Contractor, and preparing and distributing detailed minutes. 19. Coordinating inspections by Caltrans oversight personnel, and providing Caltrans required progress reports to the City and Caltrans. 20. Issuing plan revisions and assuring that the Contractor maintains accurate records of "as- built' changes. 21. Reviewing change order requests for merit; preparing independent cost estimates; negotiating and preparing change orders for City review and approval; apprising the City of the cumulative effect of change orders. 22. Reviewing payment requests and verifying pay items. Recommending payments and preparing payment documentation for processing by the City. 23. Meeting with City officials and conducting public meetings as needed. 24. Providing other items of work that you view as beneficial to the project. 25. Providing cost saving measures for the City's consideration. 26. Developing a "punch list" at the conclusion of construction. EXHIBIT B i`MKiCENT,EN"' -' `18'MONTH SCHEDULE) ' r CITY OF NEWPO T BEACH .= CONSTRUCTION MANAGEMENT SERVICES ._ �'�'' �,. �`� �F '�F •i � f. ; �"'N,�.. ';i \cGEluk,.a.n -1Fr ...'N::�a .��'-�1"'<:�r: i #4' _,, i-_',r M"�.i4rl I. DIRECT SALARY COSTS Persohnel�Cate" Rate #;tgj?e�?Hgu,�sf+ f To tal Y Resident Engineer $ 93.00 3,130 $ 291 .090.00 Asst R.E. / O.E. / Inspector $ 70.00 2,880 $ 201,600.00 Bridge Senior Engineer $ 110.00 48 $ 5.280.00 Structures Engineer $ 75.00 2.330 $ 174.750.00 Bridge 1 Roadway Inspector $ 70.00 2,248 $ 157.360.00 Subtotal 10,636 $ 830,080.00 (1) II OTHER DIRECT COSTS .;'ri'..•:Item "..:._ :.. .: Amount REPRODUCTION COST. POSTAGE, AND OFFICE SUPPLY $ 5,000.00 Subtotal $ 5,000.00 (2) III. SUBCONTRACTOR'S COSTS -_ Subconsultant `. Amount.". . PSOMAS & ASSOCIATES (SURVEYS) $ 66,934.00 GEOBASE, INC. (MATERIALS TESTING) $ 26,000.00 Subtotal $ 92.934.00 (3) V. TOTAL AMOUNT Total $ 928.014.00 (Total 1-3) ASSUMPTIONS: 1 Partnering is included in construction contract. 2 Field trailer is included in construction contract. 3 Construction staking is Included in the C.M. contract. 4 ROW, control staking and check survey included in C.M. contract. 5 Photo survey and vibration /noise monitoring is included in construction contract. 6 Eighteen months construction, fourteen months bridge construction. 7 Minimal overtime required by staggering shifts. 8 Materials testing includes lab work only. AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT CONSTRUCTION MANAGEMENT SERVICES NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR 5511) "ARCHES" INTERCHANGE IMPROVEMENTS This AMENDMENT NO. 2, made and entered into this day of September, 1998, by and between the City of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and MK Centennial, whose address is 17300 Red Hill Avenue, Suite 150, Irvine, California 92614, (hereinafter referred to as "CONSULTANT'), is made with reference to the following: RECITALS: A. On June 23, 1997, a Professional Services Agreement for Construction Management Services related to the Newport Boulevard and Pacific Coast Highway (SR 55/1) "Arches" Interchange Improvements was entered into by and between CITY and CONSULTANT, (hereinafter referred to as "AGREEMENT'). B. CITY and CONSULTANT desire to increase the scope of construction management services heretofore provided by AGREEMENT. C. Section 36 of AGREEMENT authorizes CITY and CONSULTANT to modify AGREEMENT by entering into written amendments signed by both parties. D. CITY and CONSULTANT have heretofore amended AGREEMENT by executing AMENDMENT NO. 1. E. CITY and CONSULTANT mutually desire to further amend AGREEMENT (hereinafter referred to as "AMENDMENT NO. 2 ") as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall provide additional surveying services as set forth in Exhibit "A ", attached hereto and incorporated herein by reference. 2. Compensation to be paid to CONSULTANT for such additional surveying services shall not exceed $56,653.37. 3. CONSULTANT's not -to- exceed compensation to be paid under AGREEMENT is hereby increased from $1,047,722 to $1,104,375.37. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT and AMENDMENT NO. 1 shall remain the same and continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 on the date first above written. APPROVED AS TO FORM: City Attorney ATTEST: City Clerk fAgrou ps\pu bwork s\agmt\99\M KCamnd2.doc CITY OF NEWPORT BEACH, a municipal corporation M Mayor CONSULTANT W MK Centennial 2 MK CENTENNIALI G ENTENNIAL ENGINEEFIING. INC. August 13, 1998 Mr. Bill Patapoff, City Engineer City of Newport Beach 3300 Newport Boulevard. Newport Beach, CA 92658 -8915 17300 REDHILL AVENUE, SUITE 150 IRVINE, CALIFORNIA 92614 TEL: 714- 756 -6006 FAX: 714- 756 -6116 Subject: Newport Arches Interchange - Contract C -2886 Construction Engineering, Inspection, Material Testing, and Survey Contract Survey Subcontract At our last meeting you requested an assessment of the restaking, cost to complete, and explanation for the overrun for our survey subcontract. We reviewed the restaking back -up information by Psomas and determined that the restakes to date total $5694.00. This information has been forwarded to Brutoco. Our estimated projection for the total cost of survey to complete is $150,590.43. This figure is based on survey being 75% complete. Construction is 60% complete. Historically, survey tapers off in the later stages of construction. To date, we have been authorized $66,934.00 for survey per our original contract. Additionally, the City Council has authorized staff to execute an amendment to our contract in the amount of $22,360.00 for the staking for the RCB and utility relocations. We are now requesting an additional amendment of $56,653.37. The reasons for the overrun are as follows. Since the beginning of the contract, Psonhas has been tracking in and out of scope survey charges based on their proposal which referenced the Caltrans staking manual. To date, Psomas has incurred $34,571.48 in out of scope costs. Based on the City's criteria these responsibilities have been allocated for potential third party back-charges as follows: Brutoco $8,250.16, City $8,135.54, MKC $4,643.06, and Moffatt $13,542.72. Based on percent complete, we have projected an additional $11,523.83 of out of scope services for which the responsibilities can be determined as these costs are incurred. Finally, we have projected an additional cost to complete for the in scope services of $15,201.12 (above and beyond the current authorization). This can be attributed to the aggressive schedule and complexity of the job which have resulted in the contractor requesting survey in small areas at a time. This has resulted in additional survey costs. It should also be noted that at proposal time, Psomas was instructed to base the scope of their work and proposal on Section 13 "Staking Information" of the Caltrans Surveys Manual and their historical costs. Psomas indicated that historically on projects built according to Caltrans standards, 1 -2% of the construction amount (Engineer's Estimate $ 10 trillion) would be required ($100- $200K). We believed Psomas' estimate to be reasonable. On a similarly sized contract for the Port of Long Beach we had recently completed, the Port spent approximately $480K using their own crews. However, during the negotiations, the City had indicated that their resources were limited and imposed a total cap on CM fees of $1 million (apx. 10% of the Engineer's Estimate). As a result, we were required to reduce our total CM budget. As such, Psomas reduced their proposal to the "bare minimum ". Their revised proposal was $66,934.00 which may have been considered optimistic. However, we believed that MKC could perform (which we have) the surveys typically provided by the Caltrans Bridge Department in accordance with the Bridge Construction Manuals for grading bridge structures. Our historical costs indicate that typically 15% is spent on construction engineering for federal funded contracts including construction engineering, inspection, survey, and testing. This is consistent with federal guidelines and staffing for Caltrans contracts. Currently, we are budgeted only 7.5% of the construction amount. (a A MORRISO" K"UIDSEN COMPANY Finally, the original cost proposal and CM contract including survey is based on estimated hours and a rate schedule. The cost proposal was not intended for a lump sum or guaranteed maximum amount. In order to provide a quote for a guaranteed maximum or lump sum contract, the scope of work should be precise with proper allocations for risks and reward. Psomas provided a proposal based on lowest possible cost without any contingency for unknown risk (e.g. dependency on Contractors operations) or additional scope (e.g. survey outside of the Caltrans Staking Manual). Thus, it is unfair to expect Psomas to absorb heavy losses against a modest profit (typically 10 %, or about $6K) without a proper allocation for risk involved. The Contract states a not to exceed figure in accordance with exhibits (our proposals) rather than a guaranteed maximum. Extra work requires authorization from the City. These clauses are standard to ensure consultants do not exceed owners internal (e.g. City Council) authorizations and budgets. We intend to honor these provisions and we will not exceed out total contract authorization prior to amending our contract. However, these should not be construed as guaranteed maximums without the proper allocations for risk. I will arrange a meeting with you at your earliest convenience to review this proposal. If you have any questions or need additional information, please call me at (714) 756 -6006. Sincerely, ne Pottinger, P.E. t Director of Construction Services J P/J DW: Attachments cc: Robert Close, Vice President Dave Wanderling, Project Manager Kari Lounan, Project Manager ( Psomas) O N 00 (O O (O O m V O V V �L C m N V (O wN m T p-0 c m M M m f9 f9 V L m o 0 m U o rn ,c'O m ° ac N N N U N V 3 (D t'0 00 ,io Eoz IO O O) (O m 0 f- O) C m° o r WN V n N M:2 w w CL YO N -0 -y m m V ° 3'0 '0 u, c o CI) O O O O U.) 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O N O N . n (O CO m O C:) LO w m(hvab v� ° N _ ° v arU 0) E C p) v) Qj m 0 ul m N e �(» to Q� co �'o E �- ° a °o w M m 3 ° � � o o O .o 0) )°n. )°n, o � °) ° c a umi m is 0) nn0� ovv 0 V V m O V -0 V O V w N .o I 0 (°) _ mniho 0 0 mv,nrnin o 0 0 0 `o`oUU �)s,;� �(L 00ww6c)c '0 a > >�� C 0 U umiin m 00Q� 0 v m m aTi CO (tio o m o .0 7 00 CO N (O n 00 CO N oil O .V OV (n j O N iim d V 0) f� N O V N (p '0 N N N (O (O lL O_ 0) r N a (�� �� Q City of Newport Beach BUDGET AMENDMENT 1998 -99 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates �X Increase Budget Appropriations ANQ X Transfer Budget Appropriations from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO. BA- 013 AMOUNT: 55s,s53.3T Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To appropriate $56,653.37 from the Circulation and Transportation Fund, unappropriated surplus fund balance to the PCH /Newport Boulevard capital project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 3605 REVENUE APPROPRIATIONS (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Amount Debit Credit Description Fund Balance Control $56,653.37 Description Signed: 9—/8 ial pr val: finance Director Date Signed: Ad finis a[ ve Approval: —City Manager Date Signed: City Council Approval: City Clerk Date Description Division Number 7261 Circulation & Transportation Fund Account Number C5100199 PCH /Newport Blvd Project $56,653.37 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: 9—/8 ial pr val: finance Director Date Signed: Ad finis a[ ve Approval: —City Manager Date Signed: City Council Approval: City Clerk Date