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HomeMy WebLinkAbout05 - Civic Center - Koury PSA1 Agenda Item No. 5 April 24, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949- 644 -3311, sbadum(o)newportbeachca.gov PREPARED BY: Fong Ts�e, Principal Civil Engineer APPROVED: 1 -� - �t✓��\ TITLE: Newport Beach Civic Center and Park Project - Approval of Amendment No. 1 to Professional Services Agreement with Koury Engineering & Testing, Inc., for Material Testing and Inspection Services ABSTRACT: Material testing and inspection services are necessary to ascertain the various specialty materials required to be furnished and installed for the Civic Center and Park Project to comply with the Project Plans and Specifications. Additional funding is needed to complete the remaining work contemplated by the original scope of work. RECOMMENDATION: Approve Professional Services Agreement Amendment No. 1 with Koury Engineering & Testing, Inc., of Chino, California for Civic Center and Park Project Material and Inspection Services at a not -to- exceed price of $170,842.00 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. Newport Beach Civic Center and Park Project — Approval of Amendment No. 1 to Professional Services Agreement with Koury Engineering & Testing, Inc., for Material Testing and Inspection Services April 24, 2012 Page 2 The proposed use of the funding balance is as follows: Vendor Purpose Amount Koury Engineering & Material Testing and Testing, Inc. Inspection Services $ 170,842.00 DISCUSSION: The City entered into a professional services agreement (PSA) with Koury Engineering & Testing, Inc., (Koury) on September 14, 2010, for a $865,498.00 fee 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 a work schedule prepared by the project construction team with the information known at that time. Shortly after the Construction Manager C.W. Driver started construction, many architectural and structural design issues for the buildings were encountered. While these technical issues were being worked on by the project Architect, the steel fabricator placed our order on hold to avoid the cost prohibitive and disruptive intermittent production that might have delivered the steel in batches, but still would not have shortened the overall steel framing time. When the design issues were resolved and the necessary steel shop drawings were finally approved for production several months later, C.W. Driver was advised by the steel fabricator that our order must proceed with an expedited overtime schedule if we desired to regain some of the lost time. As such, C.W. Driver directed the fabricator to work overtime in producing the steel for our project. Since Koury's testing and inspection services are conducted concurrent with the steel fabrication, Koury worked extra hours and in many instances 24 hours a day with multiple inspectors over weekends and holidays to maintain the flow of steel delivery for installation. The cost of Koury's additional staffing and overtime costs are reflected in their attached change order request. 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 Total $1,036,340.00 Newport Beach Civic Center and Part( Project — Approval of Amendment No. Ito Professional Services Agreement with Koury Engineering & Testing, Inc.; for Material Testing and Inspection Services April 24, 2012 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: Attachment: A: Amendment No. 1 to Professional Services Agreement AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH KOURY ENGINEERING & TESTING, INC. FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. One "), is entered into as of this day of April, 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City'), and KOURY ENGINEERING & TESTING, INC. a California Corporation, whose address is 14280 Euclid Avenue, Chino, California 91710 ( "Consultant'), and is made with reference to the following: RECITALS: A. On September 14, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement') for material testing and inspection services associated with the Newport Beach Civic Center and Park Project ('Project'). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement and to increase the total compensation. C. 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. SERVICES TO BE PERFORMED Section 2 of the Agreement, shall be supplemented to include the Change Order Proposal dated March 20, 2012, which is attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Change Order Proposal at its sole discretion. 2. COMPENSATION 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, Thirty -Six Thousand, Three Hundred Forty Dollars and no /100 ($1,036,340.00) 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. 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Seventy Thousand, Eight Hundred Forty -Two Dollars and no /100 ($170,842.00), without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] KOURY ENGINEERING & TESTING, INC. Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. ONE on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: q/11 �/� B. Aaron C. Harp City Attorney 4 ATTEST: Date: By: Leilani I. Brown City Clerk Attachment: A10 -00367 CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Nancy Gardner Mayor CONSULTANT: KOURY ENGINEERING & TESTING, INC., a California Corporation Date: By: Richard D. Koury President and Chief Executive Officer Date: Dave Menefee Senior Vice President and Chief Operating Officer [END OF SIGNATURES] Exhibit A — Change Order Proposal dated March 20, 2012 KOURY ENGINEERING & TESTING, INC. Page 3 �u6fic�if6rk� �rtme�> . Wr E i ;bf wotir€_Beaeh: 3�6�%vrevdpoi•t.�tiuieva €c€` . '. �tewpei€GB'ea€lt„ �t� t265$' , k$: VIEC A jC� kt fiE}�E � FYI �$[�A� S p F! �G _ G[ir�R6 ORDER SErti� KOURY PgoiEu moo 14 -*3 T�earf-vir,TSe; ... Fhis fet€er €s: €a forrr€ally m0y', fpi€ iCgardr€€o cha 5g or`der requeS for the l fewpo $each etur€ enYe€ . 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Construction Inspection & Material Testing Newport Beach Civic Center Koury Proposal No. 10 -0263 e teL+�lJlllrIl�lw€La�Li�dSll Sample $ 20.00 $ 6,480.00 Remaining Scope of Work through July 15 Sample $ 21.00 MATERIALS INSPECTION 315.00 Mon-Shrink Grout Molds 5 Equipment $ 25.00 Concrete (Includes Reber Inspection) 760 Hourly $ 73.50 $ 55,860.00 Structural Steel Erection - Welding &Bolling 1032 Hourly $ 73.50 $. 75,852.00 Fireproofing 48 Hourly $ 73.50 $ 3,528.00 Steel Fabrication Shop 160 Hourly $ 95.00 $ 15,200.00 NDT testing 72 Hourly $ 99.00 $ 7,128.00 LABORATORY MATERIALS TESTING Concrete Cylinder Compression Tests 324 Sample $ 20.00 $ 6,480.00 Non -Shrink Grout Compression Tests 15 Sample $ 21.00 $ 315.00 Mon-Shrink Grout Molds 5 Equipment $ 25.00 $ 125,00 Fireomof Density Tests 2 Sample $ 45.00 $ 90.00 Fireproof Adhesion/Cohesion Tests 2 Sample $ 45.00. $ 90.00 Non -Shrink Grout Molds 7 Equipment $ 27.00 S 189.D0 Air Entrainment Test 11 Each $ 35.00 S 385.00 Drying Shinkage 6 Set $ 250.00 $ 1,50D.00 0 0 ' .o-• o- .�•' .'ill PROJECT COORDINATION Final Material Compliance Report 1 Each $ 500.00 $ 500.00 Certified Payroll 24 Weekly $ 75.00 $ 1,800.00 Slaf Engineer 4 Hourly $ 100.00 $ 400.00 Project Manager- Field Supervisor 10 Hourly $ 95.00 $ 950.00 Admin 10 Hourly $ 45.00 $ 450.00 Inspection Fees $ 157,568.00 Laboratory Testing Fees $ 9,174.00 Project Coordination $ 4,100.00 is ir1