HomeMy WebLinkAbout06 - Approval of Amendment No. 1 to Professional Services Agreement with Fountainhead Consulting Corporation for Park Avenue Bridge Replacement Project Construction Management Services (15R20)CITY OF
NEWPORT BEACH
City Council Staff Report
TO:
FROM:
PREPARED BY:
PHONE:
January 24, 2017
Agenda Item No. 6
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
Fong Tse, Assistant City Engineer, ftse@newportbeachca.gov
949-644-3321
TITLE: Approval of Amendment No. 1 to Professional Services Agreement
with Fountainhead Consulting Corporation for Park Avenue Bridge
Replacement Project Construction Management Services (15R20)
ABSTRACT:
The City Council at its February 23, 2016 regular meeting approved a Professional
Services Agreement with Fountainhead Consulting Corporation to perform construction
engineering/management and inspection services for the Park Avenue Bridge
Replacement Project. Caltrans requirements and unforeseen construction conditions
expanded Fountainhead's work scope and an agreement amendment is needed to
reflect the additional work items and terms.
RECOMMENDATION:
a) Staff recommends the City Council find that construction management and
inspection services are not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(3) (the activity is not a project as defined in
Section 15378) of the CEQA Guidelines. For the construction, a Mitigated Negative
Declaration (MND) was adopted by the City Council on November 24, 2014.
b) Approve Amendment No. 1 in the amount of $419,896.13 to the Professional
Services Agreement with Fountainhead Consulting Corporation for construction
engineering/management and inspection services for a new not -to -exceed total price
of $1,264,643.87; and authorize the Mayor and City Clerk to execute the
Amendment.
FUNDING REQUIREMENTS:
The funding of this Amendment is fully provided by a grant from the Federal Highway
Administration, processed through the California Department of Transportation.
6-1
Approval of Amendment No. 1 to Professional Services Agreement with Fountainhead
Consulting Corporation for Park Avenue Bridge Replacement Project
Construction Management Services (15R20)
January 24, 2017
Page 2
DISCUSSION:
On February 23, 2016, the City entered into a Professional Services Agreement (PSA)
with Fountainhead Consulting Corporation (Fountainhead) in the amount of
$844,747.74 to perform construction engineering/management and inspection services
for the Park Avenue Bridge Replacement Project. The PSA scope of work was based
on the information available at that time.
Bridge construction, which included the temporary bridge and utility relocation, began
soon thereafter in March and April 2016. A cursory audit by California Department of
Transportation (Caltrans) this past summer requested that staff change and increase
the planned material testing and inspection methods for the construction. However,
these methods specified by Caltrans staff were not specified in the Caltrans manuals
and came at a significant additional cost. Public Works immediately began the work to
secure additional Federal funding for these new costs.
During the project, staff has maintained a high level of communication with the
community as this project progressed through its different phases (utilities, temporary
bridge, foundations, demolition, etc.). Feedback received from residents and the local
public requested changes that impacted utilities, construction, schedules and
operations. Ultimately, these changes have delayed the project and were above and
beyond the work specified in the construction contract bid documents. As a result,
Fountainhead's scope of work has increased in both number of hours and sub -
consultant services.
Public Works staff has worked closely with Fountainhead and Caltrans to revise the
additional scope of work to perform these additional services and has found it
acceptable. Staff, thereafter, aggressively pursued additional funding from the Federal
Highway Administration (FHWA). This funding is administered by Caltrans. After
several months of negotiations and processes, Caltrans recently notified staff that
FHWA has approved the City's $419,896.13 additional funding request on a 100%
reimbursement basis for the extra construction management/inspection costs. Bridge
construction costs are expected to fall within the existing contract and contingency
amounts. As such, there is sufficient federal funding to amend $419,896.13 to
Fountainhead's original $844,747.74 PSA to a new, not -to -exceed amount of
$1,264,643.87 to complete all of the required construction management and inspection
tasks.
The completion of the bridge is still on target for the end of March or early April 2017. In
addition to the above-mentioned delays, foundation work and recent rainy weather has
added many days of additional delay. Setting of pre -cast bridge beams and pouring
concrete bridge decks are scheduled in the coming weeks.
6-2
Approval of Amendment No. 1 to Professional Services Agreement with Fountainhead
Consulting Corporation for Park Avenue Bridge Replacement Project
Construction Management Services (15R20)
January 24, 2017
Page 3
ENVIRONMENTAL REVIEW:
Construction management and inspection services are not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines. For the construction, a
Mitigated Negative Declaration (MND) was adopted by the City Council on November
24, 2014.
NOTICING:
This 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). The Notice Inviting Bids was
advertised in the City's official publication and in construction industry publications.
ATTACHMENTS:
Attachment A - Location Map
Attachment B - Amendment No
6-3
NORTH BAY FRONT
w
Z
w
wD9 w w w
w w w w
w` z Z ZZ) D D
> > w w w w w Z
Q Q Q Q Q ¢ Q > _I
BALBOA
AVENUE
p
w
wJ
Z
Q
z
U
Z
Z
OQ
=
0
Z
O
w
O
=
W
Z
Q
Q
7
U)m
BALBOA
AVENUE
wJ
Z
Q
z
U
Z
0
Z
O
w
O
=
W
Z
Q
Q
O
PARK AVENUE
BAY
PROJECT LOCATIONS
® RENTED TEMPORARY BRIDGE
AIIIIIIIIIIIIIIIIII PERMANENT BRIDGE REPLACEMENT
GRAND CANAL BRIDGE REPLACEMENT PROJECT
LOCATION MAP
c/
BALBOA AVENUE
w
z = ��
w Z
� w
Q Q
PARK AVENUE
113
R -mm IT
SOUTH BAY F NT
CITY OF NEWPORT BEACH
w
Lu
HH <
PH NH O U) w
HL-1co< U �
PUBLIC WORKS DEPARTMENT
C-7072-1
1/24/17
N.T.S.
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH FOUNTAINHEAD CONSULTING CORPORATION FOR
PARK AVENUE BRIDGE REPLACEMENT CONSTRUCTION ENGINEERING
SERVICES
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 10th day of January, 2017
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City'), and FOUNTAINHEAD CONSULTING
CORPORATION, a California corporation ("Consultant"), whose address is 2400 Katella
Avenue, Suite 800, Anaheim, California 92806, and is made with reference to the
following:
RECITALS
A. On February 23, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide construction
engineering/management and inspection services for the Park Avenue Bridge
Replacement Project ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, to update the Schedule of Billing Rates,
and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services
within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
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
("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to Amendment No.
One shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is 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 hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
6-5
including all reimbursable items and subconsultant fees, shall not exceed One Million
Two Hundred Sixty Four Thousand Six Hundred Forty Three Dollars and 87/100
($1,264,643.87), without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written approval of
City."
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
Four Hundred Nineteen Thousand Eight Hundred Ninety Six Dollars and 13/100
($419,896.13).
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]
Fountainhead Consulting Corporation
Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Harp (AM %1 -
City Attorney
ATTEST:
Date:
Leilani I, Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONSULTANT: Fountainhead Consulting
Corporation, a California corporation
Date:
By:
Russell Rhodes
Chief Executive Officer
Date:
By:
Anastasia Benavidez
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Fountainhead Consulting Corporation Page 3
6-7
EXHIBIT
SCOPE OF SERVICES
Fountainhead Consulting Corporation Page A-1
.:
December 15, 2016
Mr. Fong Tse, PE
Assistant City Engineer
City of Newport Beach
100 Civil Center give
Newport Beach, California 92660
Subject: Cost Proposal for Additional Construction Engineering Services associated with the Park Avenue Bridge
Replacement Project— Contract No. 7"072-1— Amendment No.1
Dear Mr. Tse,
Attached for your review and consideration is our cost proposal for the additional services requested on the
above referenced project. The additional costs are associated to the following increases to the original scope
of work in the construction management services contract:
1) Quality Assurance Material Testing including Gamma Gamma testing of the CIDH piles:
During the initial review of the project by the Caltrans local assistance coordinator the Caltrans oversight
engineer determined that the contract special provision requirement of the contractor to perform Quality
Assurance (QA) testing was not satisfactory to the Department. The Caltrans oversight engineer requested
that the City delete the QA testing from the construction contract and add the QA testing to the construction
management contract.
The Cities CM obtained two sub -consultants for this work. Group Delta will perform most of the QA material
testing and Earth Spectives will perform the gamma gamma testing for the CiDH piles,
2) Vibration Monitoring:
During the course of the work the City received concerns from local residents neighboring the project
regarding potential damages to private property from vibrations being generated by construction activities.
The original contract special provisions did not require the contractor to provide vibration monitoring services
for the City. In order to protect the city's interest and to address public concerns about the city's effort to
monitor the contractors activities the City opted to add a subconsultant (Morgner CM) to the original CM
contract to document the vibrations being generated by the construction activities.
3) Time Extension for RE and OE plus full time work due to increase in scope of work
During the course of the work the City's contractor had substantial difficulties with utility companies,
specifically So. Cal Gas and So. Cal Edison identifying their existing utility tie-in locations, identifying clear
paths for the temporary relocations and completing their utility relocations as a whole. The additional time to
perform the work needed (72days) to ultimately get the utilities relocated has extended the contract duration.
Together with the additional scope of work added to coordinate and manage the QA material testing and
vibration monitoring, additional hours are needed for work by the city's CM that was not originally
contemplated in the contract.
4) Time Extension for Public Relations
As referenced above: during the course of the work the City's contractor had substantial difficulties with utility
companies, specifically So. Cal Gas and So. Cal Edison identifying their existing utility tie-in locations,
identifying clear paths for the temporary relocations and completing their utility relocations as a whole. The
additional time to perform the work needed (72) days to ultimately get the utilities relocated has extended the
contract duration. As part of the City's efforts to coordinate construction activities, the city has a sub -
consultant working with the CM team to keep the public informed of various construction activities and
coordinate major construction traffic events on and off the island. As a result of the project duration being
extended this service will also need to be extended to support the local community concerns and construction
awareness efforts.
Please feel free to contact me if you have any questions or concerns,
Sincerely yours,
Ivan Renavidez Jr., PE
Senior Project Manager
6-10
EXHIBIT B
SCHEDULE OF BILLING RATES
Fountainhead Consulting Corporation
Page B-1
6-11
f= OUNTAIN, (I P MEAL
Date December 14, 2016
Amendment No. 1 - COST PROPOSAL
CONSTRUCTION MA NA GEMENT SERVICES
Park Avenue Bridge Reconstruction - Scope Increase
2016 1 2017
Overhead
Fee
Ivan S. Benavidez Jr.
Admin Assistant
CALCULATION OF BILLING RATES
110%
3.00%
Base Rate
$75,00
$15.00
Pdvaling Wage
Differential
NIA
NIA
Billing Rate
5162.23
$32.45
Cost Proposal represents supplemental work per the above billing rates and schedule. All other work to be charged at
the original Billing Rates and Schedule according to the Agreement.
6-12
Pre-
Con Construction
Post Const. & Plant Estb.
Tott925
hout$3245
Total Fee
Name
Mar Apr May ,jun Jul Aug Sep Oct Nov Dec
Jan Feb Mar April May June Juty
Ivan S. Benavidez Jr. (PWRE)
60 60 60 60 60'
60 60 60 60 60 30 30
$107,068.50
Admin Assistant (TBD)
70 70 0 701 70
70 70 80 85 90 90 90
$30,011.63
Sub -Total
$137,08& 13
00c's
$0.00
$0.00
$0.00
QA Materials Testing
(Group Delta)
$175,216.00
Gamma Gamma Testing
(Earth Spectives)
$13,000.00
Vibration Monitoring
(Morgner)
$85,000.00
Public Relations
$9,600.00
$&00
Total
$419,896.13
Overhead
Fee
Ivan S. Benavidez Jr.
Admin Assistant
CALCULATION OF BILLING RATES
110%
3.00%
Base Rate
$75,00
$15.00
Pdvaling Wage
Differential
NIA
NIA
Billing Rate
5162.23
$32.45
Cost Proposal represents supplemental work per the above billing rates and schedule. All other work to be charged at
the original Billing Rates and Schedule according to the Agreement.
6-12