HomeMy WebLinkAbout07 - Civic Center & Park Testing & Inspection Svcs�E�POgr — CITY OF ®�
NEWPORT BEACH
City Council Staff Report
Agenda Item No.
February 26, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Stephen G. Badum, Assistant City Manager
949 - 644 -3002, sbadum(cDnewportbeachca.gov
PREPARED BY: Fong Tse, Principal Civil Engineer
949 - 644 -3321, ftse(a)newportbeachca.gov
APPROVED: �V-An\
TITLE: Approval of Amendment No. 2 to Professional Services Agreement
with Koury Engineering & Testing, Inc., for Material Testing and
Inspection Services for Newport Beach Civic Center and Park
Project
ABSTRACT:
Additional funding for material testing and inspection services is needed for the San
Miguel Drive Pedestrian Bridge and other remaining steel work per the Project Plans
and Specifications.
RECOMMENDATION:
Approve Professional Services Agreement Amendment No. 2 with Koury Engineering &
Testing, Inc. (Koury), of Chino, California for Newport Beach Civic Center and Park
Project Material and Inspection Services at a not -to- exceed price of $273,268.00 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.
I or 14
Approval of Amendment No. 2 to Professional Services Agreement with Koury Engineering & Testing, Inc., for
Material Testing and Inspection Services for Newport Beach Civic Center and Park Project
February 26, 2013
Page 2
The proposed use of the funding balance is as follows:
Vendor
Koury Engineering & Testing, Inc.
DISCUSSION:
Purpose Amount
Material Testing and
Inspection Services $ 273,268.00
The City entered into a professional services agreement (PSA) with Koury on
September 14, 2010, for a fee of $865,498.00 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 the project plans and work
schedule prepared by the project construction team with the information known at that
time.
It was discovered during the early stages of construction that many of the architectural
and structural elements shown on the plans required redesign which consequently
delayed the steel fabrication to the extent that Koury had to work overtime along with
additional staffing to regain. some of the lost time. On April 24, 2012, City Council
approved Amendment No. 1 with Koury in the amount of $170,842.00 to cover these
extra costs.
Since then, the City added the San Miguel Drive Pedestrian Bridge (Bridge) which was
not a part of Koury's original scope of work. Additionally, as a result of the on -going
design changes and field modifications, a sizeable portion of the remaining steel work
had to be reworked, retested and re- inspected. While Koury performed its tasks
through efficient staffing and coverage and kept the costs to a minimum level, additional
costs were not avoidable. Attached is Koury's Change Order Request No. 2 outlining
the additional testing and inspection costs for the added Bridge and the remaining steel
work.
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
Amendment 2
Added San Miguel Bridge and Other Design and
Field Changes
$273,268.00
Total
$1,309,608.00
2 of 14
Approval of Amendment No. 2 to Professional Services Agreement with Koury Engineering & Testing, Inc., for
Material Testing and Inspection Services for Newport Beach Civic Center and Park Project
February 26, 2013
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:
Attachments: A: Amendment No. 2 to Professional Services Agreement
B: Koury Engineering Change Order Request No. 2
3 of 14
ATTACHMENT A
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH KOURY ENGINEERING & TESTING, INC. FOR
NEWPORT BEACH CIVIC CENTER AND PARK PROJECT
THIS AMENDMENT NO. TWO TO AGREEMENT FOR PROFESSIONAL
SERVICES ( "Amendment No. Two ") is made and entered into as of this day of
February, 2013 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a
California Municipal Corporation ( "City'), and KOURY ENGINEERING & TESTING,
INC., a California corporation ( "Consultant"), whose address is 14280 Euclid Avenue,
Chino, California 91710 and is made with reference to the following:
RECITALS
A. On September 14, 2010, City and Consultant entered Into a Professional
Services Agreement ( "Agreement ") to provide materials testing and inspection
services. ('Project').
B. On April 12, 2012, City and Consultant entered Into an amendment to the
Agreement to reflect additional services not included in the Agreement and to
increase the total compensation ( "Amendment No. One ").
C. City desires to enter into this Amendment No. Two to reflect additional services
not Included in the Agreement, to extend the term of the Agreement to June 30,
2013 and to increase the total compensation.
D. 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. TERM
Section 1 of the Agreement Is amended in its entirety and replaced with the
following: 'The term of this Agreement shall commence on September 14, 2010, and
shall terminate on June 30, 2013 unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Change Order
Request 2 dated January 23, 2013, attached hereto and incorporated herein by
reference ( "Services" or "Work "). The City may elect to delete certain Services within
the Change Order Request at its sole discretion.
3. COMPENSATION TO CONSULTANT
3.1 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.
4 of 14
3.2 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 Three Hundred Nine Thousand Six Hundred and Eight Dollars
and no /100 ($1,309,608.00) 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.
3.3 The Total Amended Compensation reflects Consultant's additional
compensation for additional Services to be performed in accordance with this
Amendment No. Two, including all reimbursable items and subconsultant fees, in an
amount not to exceed Two Hundred Seventy Three Thousand Two Hundred Sixty-
Eight Dollars and no /100 ($273,268.00), without prior written authorization from City.
4. 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. Pag 1114
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY AT 1 S E
Date: Jl
By:
L
Aaron C. Harp
City Attorney t�
ATTEST:
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Keith D. Curry
Mayor
CONSULTANT: KOURY ENGINEERING
& TESTING, INC., a California corporation
By:
Leilani I. Brown Richard D. Koury
City Clerk President and Chief Executive Officer
Date:
By:
Dave Menefee
Senior Vice President and Chief
Operating Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Change Order Request 2
Exhibit B — Schedule of Billing Rates
KOURY ENGINEERING & TESTING, INC. Pa769
EXHIBIT A
CHANGE ORDER REQUEST 2
r14
KOURY ENGINEERING & TESTING, INC. Page A -1
1__1
_ NOURY
ENGINEERING
8. TESTING, INC.
January 23, 2013
Mr. Fong Tse
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
RE: SPECIAL INSPECTION & MATERIALS TESTING - CIL4NGE ORDER REQUEST 2
PROJECT: NEWPORT BEACH CIVIC CENTER
I(OURY PROJECT NO.: 10 -0263
Dear Mr. Tse,
This teller is to formally notify you regarding change order request for the Newpmi Beach Civic Center
Project located in Newport Beach, Califomia.
Explanation of why we have requested change orders:
l) Fabrication Shop — We performed fab shop inspections in Utah, Arizona, Idaho, Nevada, and
California. We utilized out of state inspection firms to perform the inspections on our behalf for
the work inspected out of stale to be more cost effective for the City of Newport Beach. Due to
design changes and the schedule, there were several hours of overtime, multiple shifts, and
multiple inspectors. The estimated duration for the inspection in the fabrication shop was 1,824
hours totaling $173,280 and the actual hours were 5,291.50 totaling $564,113.25 through
December31". Differenceof$390,833.25.
2) Edie Fabrication Shop / Sail at the Council Chambers — Koury was at the Edie Fabrication shop
in Cerritos to perform welding inspections and non -destructive testing. The work was performed
from November through December 6, 2012. The approximate costs for the shop inspection and
non -destructive testing were $42,106.25. The welding inspector on -site also observed the
installation of the sail at the Council Chambers, along with have a technician to perform non-
destructive testing. The hours and cost for the on -site inspector and the non - destructive testing
technician was approximately 110.50 hours totaling $9,200 through January 4 2013.
3) The San Miguel Pedestrian Bridge was an added scope. Koury was utilized for inspections and
testing that included concrete and structural steel in the shop and field, and non - destructive
testing. The on-site inspections and testing cost approximately $40,372.00 and the fabrication
shop inspections were approximately $51,300.00, totaling $91,672 through January 15, 2013.
4) Al the City Hall, Stair A included design changes for the layout of the beams. There were several
hours of welding inspection and non - destructive testing, wldch included many hours of overtime.
The total cost of welding inspection and non - destructive testing is $14,434 through January 17,
2013. This amount Included the 32 hours of overtime for welding inspections.
5) Re -work and Design Changes — There were several design changes throughout the project and
limited re -work, but here are a few examples of changes besides the sail at the Council Chambers
listed above in item no. 3 or Stair A that was listed above in item no. 4. There was approximately
one week of rc -work on the weld size from % to 3B fillet for the wetlands, birdliue, and platform
bridges. The skylight frame and triangular columns look approximately three days of re -work.
SME added extra welds and changes to the stairs.
6) Schedule — The project duration has been extended from whal we originally estimated based on
the consttvetion schedule dated April 14, 2010.
7) Our lend inspector, Gay Nelson, has been on Newport Beach Civic Center since Koury stalled
the project in 2010. Gary has been able to keep the budget relatively low clue to the multiple
certifications he holds. I-le was able to rotate float differcut locations on the project. Example:
performed concrete and welding inspections in one day to recluce all additional inspector.
S) On July I ", there was a prevailing wage increase of S2.50
Attached is a breakdown for the change order request number two
Below is (be contracted, requested change order, and revised contract amount
Contracted Amount with Approved Change Order No. 1: S 1,036,340
Pending Change Order No. 2 Request: S 273,268
Pending Revised Contract Request: S 1,309,608
Please review our change order request. If you have any questions, please contact file at (909) 606-6111
ext. 209 or via e -mail JasminK a KowyEngineering.com.
Best regards,
K/oury�Engineerin S', Testing, Inc.
Mrs. lasmin Kelley
Project Manager
9 of 14
EXHIBIT B
SCHEDULE OF BILLING RATES
W14
KOURY ENGINEERING & TESTING, INC. Page B -1
Koury Engineering & Testing, Inc.
Construction Inspection & Malarial Testing
Newport Beach ClAc Center
Koury Proposal No. 10 -0263
LABORATORY MATERIALS TESTING
Scope of Work from July through January 2012
Reber Band & Tensile - 08 &&wllsr
54
MATERIALS INSPECTION
S
35.00
$ 1.89D.00
Reber Bend &Tensile - dg &larger
Lead Inspector- Concrete& Welding
810
Hourly
S 7G.00
S 61,560.00
Lead Inspector - Concrete & Welding - OT
58.6
Hourly
S 114.00
5 6,669.OD
Masonry - Site Walls
60
Hourly
S 76.00
$ 4,600.0D
Masonry - Site Walls - OT
4
Hourly
$ 114.00
$ 466.00
Structural Steal - Welding
054
Hourly
S 7&00
S 49,704.DD
Stmclural Steel - Welding - OT
20
Newly
S 114.D0
$ 2.280.00
SWClural Steel - Welding - OT
11
Howy
S 152.00
$ 1.672.00
Steel Fabrication Shop
660
Houdy
S 95.00
S 62,700.00
Steel Fabrication Shop - OT
175
Hourly
S 142.60
S 24,937.60
Steel FabriceDOn Shop - OT
10
Hourly
S 190.00
S 1,000.00
NDT testing
182
Hourly
S 101.50
S 18,473.00
MDT IesUng - OT
34
Hourly
S 16225
$ 5,176.60
Pug Testing
It • • .
60
Hourly
$ 101.50
S 6,090.00
LABORATORY MATERIALS TESTING
Final Material Comptlanre Report
Reber Band & Tensile - 08 &&wllsr
54
Sample
S
35.00
$ 1.89D.00
Reber Bend &Tensile - dg &larger
2
Sample
$
45.00
$ 90.00
Concrete Cylinder Compression Tests
355
Sample
S
20.00
$ 7,100.00
Modar Compression Tests
32
Sample
S
20.00
S 640.00
Grout Compression Tests
12
Sample
S
20.00
S 240.00
Masonry Prism Compression Tests
16
Sample
S
95.00
S 1,520.00
NonShdnk Grout Compression Testa
45
Sample
$
20.OD
$ 900.00
Non-Shrink Gmu( Molds
16
Equipment
S
26.00
S 376.DD
Air Enuslnment Test
Each
$
35.01)
S -
Couplanl
24.76
Each
$
60.00
S 1,405.00
Mag Panicle Powder
2.26
Each
$
20.00
$ 46.00
Torque Wrench
47
Each
$
65.00
S 3,055.00
PROJECT COORDINATION
Final Material Comptlanre Report
1
Each
$ GDO.00
S 500.00
Ceril0ed Payroll
22
81- Monthly,
S 150.00
$ 31300.00
Stall Englnser
6
Hourly
$ 130.00
$ 78D.OD
Project Manager - Fluid Supervisor
39.6
Hourly
5 05.00
$ 3,762.50
Admin
31.6
Hourly
S 45.00
S 1,417.50
+' ii'Q2:?luq'VCPBk- IIh9FYFa0Y�
inspection Fees $ 246,178.00
Laboratory Testing Fees $ 17,340.00
Pro ecl CoordlnaUon $ 9,760.00
rn'
11 of 14
ATTACHMENT B
ENGINEERING
LL TESTING, INC.
January 23, 2013
Mr. Fong Tse
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
RE: SPECIAL INSPECTION & MATERIALS TESTING - CHANGE ORDER REQUEST 2
PROJECT: NEWPORT BEACH CIVIC CENTER
ICOURY PROJECT NO.: 10 -0263
Dear Mr. Tse,
This letter is to formally notify you regarding change order request for the Newport Beach Civic Center
Project located in Newport Beach, California.
Explanation of why we have requested change orders:
1) Fabrication Shop — We performed fab shop inspections in Utah, Arizona, Idaho, Nevada, and
California. We utilized out of state inspection fmns to perform the inspections on our behalf for
the work inspected out of state to be more cost effective for the City of Newport Beach. Due to
design changes and the schedule, there were several hours of overtime, multiple shifts, and
multiple inspectors. The estimated duration for the inspection in the fabrication shop was 1,824
hours totaling $173,280 and the actual hours were 5,291.50 totaling $564,113.25 through
December3l". Differenceof$390,833.25.
2) Edie Fabrication Shop / Sail at the Council Chambers — Koury was at the Edie Fabrication shop
in Cerritos to perform welding inspections and non - destructive testing. The work was performed
from November through December 6, 2011 The approximate costs for the shop inspection and
non - destructive testing were $42,106.25. The welding inspector on -site also observed the
installation of the sail at the Council Chambers, along with have a technician to perform non-
destructive testing. The hours and cost for the on -site inspector and the non-destructive testing
technician was approximately 110.50 hours totaling $9,200 through January 42013.
3) The San Miguel Pedestrian Bridge was an added scope. Koury was utilized for inspections and
testing that included concrete and structural steel in the shop and Geld, and non - destructive
testing. The on -site inspections and testing cost approximately $40,372.00 and the fabrication
shop inspections were approximately $51,300.00, totaling $91,672 through January 15, 2013,
4) At the City Hall, Stair A included design changes for the layout of the beams. There were several
hours of welding inspection and non - destructive testing, which included many hours of overtime.
The total cost of welding inspection and non - destructive testing is $14,434 through January 17,
2013. This amount included the 32 hours of overtime for welding inspections.
ATTACHMENT B
5) Re -work and Designs Changes – Them were several design changes dvoughow the project and
limiletl re -work, but here are a few examples of changes besides the sail al the Council Chambers
listed above in item no. 3 or Stair A that was listed above in item no. 4. There was approxinimely
one week of re -work on the weld size from '/ to 3/S fillet for the wetlands, birdline, and platform
bridges. The skylight Game and triangular columns look approximately tlu'ee days of re -work.
SME added extra welds and changes to the stairs.
6) Schedule –The project duration has been extended from what we originally cstimnled based oil
the constmetion schedule dated April 14, 2010.
7) Our lead inspector, Gary Nelson, has been on Newport Beach Civic Center since Komy started
the project in 2010. Crary has been able to keep the budget relatively lone due to the multiple
certifications he holds. He was able to rotate from different locations on the project. Example:
performed concrete and welding inspections in one day to reduce an additional inspector.
S) On July I ", there was a prevailing wage increase of 52.50.
Attached is a breakdown for the change order request number Iwo
Below is the contracted, requested change order, and revised contract anlounk
Contacted Amount with Approved Change Order No. l: S 1,036,340
Pending Change Order No. 2 Request: S 273,265
Pending Revised Contract Request: S 1,309,605
Please review our change Oder request. I(you have any questions, please contact me at (909) 606 -6111
ext. 209 or vin e -mail JasmmKQKouryEugineering.con.
Best regards,
Koury Engineering & Testing, Inc.
PU14"-ij�ut-
Mrs. Jasnrin Kelley
Project Manager
13 of 14
ATTACHMENT B
Koury Engineering & Testing, Inc.
Construction Inspection & Material Testing
Newport Beach Civic Center
Koury Proposal No. 10 -0263
LABORATORY MATERIALS TESTING
Scope of Work from July through January 2012
Reba( Bend & Tensile- V8 & smaller
54
MATERIALS INSPECTION
$
35.00
$ 1,890.00
Reber Send & Tensile -69 &larger
Lead Inspector - Concrete & Welding
810
Hourly
S 76.00
S 61,660.00
Lead Inspector - Concrete &Welding - OT
58.5
Hourly
$ 114.00
$ 6,669.00
Masonry - Site Walls
60
Hourly
S 76.00
$ 4,660.00
Masonry - Site Walls - OT
4
Hourly
$ 114.00
$ 456.00
Structural Steel - Welding
854
Hourly
$ 76.00
$ 49,704.00
Suuclural Steel - Welding - OT
20
Hourly
$ 114.00
S 2,280.00
Structural Steel - Welding - OT
11
Hourly
S 152.00
S 1,672.00
Steel Fabrication Shop
660
Hourly
$ 95.00
S 62,700.00
Steel Fabrication Shop - OT
176
Hourly
S 142.50
S 24,937.60
Steel Fabrication Shop - DT
10
Hourly
S 190.00
S 1,900 00
NDT testing
182
Hourly
$ 101.50
S 18,473.00
NOT lesling - OT
34
Hourly
S 15225
5 5,176.50
Put Testing
60
Hourly
S 101.50
S 6,090.00
140 o e
i r I➢
LABORATORY MATERIALS TESTING
Final Material Compliance Report
Reba( Bend & Tensile- V8 & smaller
54
Sample
$
35.00
$ 1,890.00
Reber Send & Tensile -69 &larger
2
Sample
S
45.00
S 90.00
Concrete Cylinder COmpresslon Tests
355
Sample
S
20.00
$ 7,100.00
Mortar Compression Tests
32
Sample
$
20.00
S 640.00
Grout Compression Tests
12
Sample
S
2000
S 240.00
Masonry Prism Compression Tests
16
Sample
S
96.00
S 1,520.00
Non-Shrink Grout Compression Tests
45
Sample
S
20.00
$ 900.00
Non-Shrink Grout Molds
15
Equipment
S
25.00
$ 376.00
Air Entrainment Test
Each
5
35.00
$ -
Couplant
24.75
Each
$
60.00
$ 1,485.00
Mag Particle Powder
2.25
Each
$
20.00
$ 45.00
Torque Wrench .
47
Each
S
65.00
S 3,055.00
PROJECT COORDINATION
Final Material Compliance Report
1
Each
8 500.00
$ 600.00
Certified Payroll
22
BI-Monthly
$ 150.00
S 3,300.00
Stall Engineer
6
Hourly
$ 130.00
b 780.00
Protect Manager - Field Supervisor
39.5
Hourly
S 95.00
S 3.752.60
Admin
315
Hourly
S 45.00
$ 1,417.50
o •o oo•r m
i rt
Fees $ 17
14 of 14