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Home My WebLink About07 - Lifeguard HQ RehabTO: FROM PREPARED BY: PHONE: TITLE: CITY OF NEWPORT BEACH City Council Staff Report July 8, 2014 Agenda Item No. 7 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director- (949) 644 -3330, dawebb @newportbeachca.gov Fong Tse, Assistant City Engineer 949 - 644 -3321 Amendment No. 1 to the Professional Services Agreement with Project Dimensions for the Lifeguard Headquarters Rehabilitation Project Contract No. 4869 (CAP12- 0008) ABSTRACT: Construction engineering and inspection services for the Lifeguard Headquarters Rehabilitation Project are currently being provided by Project Dimensions, inc. The approval of Professional Services Agreement Amendment No. 1 with Project Dimensions is needed to ascertain the remaining construction activities are completed in accordance with the Project Documents and the applicable building codes. RECOMMENDATION: Approve Amendment No. 1 to the Professional Services Agreement with Project Dimension, Inc. of Irvine, California, at a cost not to exceed $18,520.00, and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: Contract costs will be expensed to the Lifeguard Headquarters Rehabilitation Project Account No. 7414 - C1002037 as follows: Vendor Purpose Amount Project Dimensions, Inc. PSA Amendment No. 1 $ T18,52-0 _:.00 Total: $ 118,520.00 DISCUSSION: The City entered into a professional services agreement (PSA) in September 2013 with Project Dimensions, Inc. for a contract amount of $120,000.00 to perform construction engineering and inspection services for the Lifeguard Headquarters Rehabilitation Project. During the course of construction, some changed field conditions such as framing deficiencies were discovered when construction crews opened up all the walls of the existing facility. This in turn necessitated additional steel structural modifications and a couple of additional M concrete piers. This additional effort by the contractor also required additional oversight. As a result, the scope of work and costs detailed in the Project Dimensions PSA needs to be amended to reflect the actual work required to complete the project. 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). ATTACHMENTS: Description Attachment A - Amendment No. 1 to the PSA with Project Dimensions, Inc. 109 ATTACHMENT A AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH PROJECT DIMENSIONS, INC. FOR LIFEGUARD HEADQUARTERS REHABILITIATION THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and entered into as of this 7th day of July, 2014 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and PROJECT DIMENSIONS, INC., a California corporation ( "Consultant "), whose address is 4 Park Plaza, Suite 700, Irvine, CA 92614, and is made with reference to the following: RECITALS A. On August 14, 2013, City and Consultant entered into a Professional Services Agreement ( "Agreement ") to provide construction management services for the lifeguard headquarters rehabilitation 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. 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 set forth in Exhibit A and incorporated herein by reference ( "Services" or "Work "). Exhibit A to the Agreement and Exhibit A to this Amendment 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 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, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Thirty Eight Thousand Five Hundred Twenty Dollars and 00 1100 ($138,520.00), 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 Eighteen Thousand Five Hundred Twenty Dollars and 00/100 ($18,520.00). 110 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] Project Dimensions, Inc. Page 2 111 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO N Y'S OFFICE Date: By` \/ Aaron C. Harp City Attorney ATTEST: Date: M1 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation By: David A. Webb Public Works Director CONSULTANT: Project Dimensions, Inc., a California corporation By: George E. Peterson President and Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Project Dimensions, Inc. Page 3 112 EXHIBIT A SCOPE OF SERVICES Project Dimensions, Inc. Page A -1 113 w PROJECT DIMENSIONS`"` June 18, 2014 Attention: Fong Tse, Principal Engineer Public Works City of Newport Beach 100 Civic Center Drive PO box 1768 Newport Beach, CA 92658 Project: City of Newport Beach Life Guard HQ Rehabilitation Facility Re: Contract CIiangt_0Lc.Lq.rBgquest #1 Project Dimensions hereby requests a Change Order ( #1) to its Professional Services Contract dated August 14111, 2013 with the City of Newport Beach, The primary reasons for this Change Order are as follows: Y Project hours have had to increase due to significant changes in the Contractors required work approved by the City Unforeseen conditions with structural (subgrade) changes added significant hours as well as numerous 11171's (60) which involved more coordination time. ➢ Electrical plan issues which involved significant coordination with SCE and modification to meters, transformers and switch gear, ➢ Additional time needed with the Structural Engineer because of unforeseen structural issues Additional time needed to coordinate the project Architect's design changes with the City-and Contractor. Additional time required to coordinate communications systems and IT requirements with City, its vendors, contractor and the contractor subs. Y The original budgeted amount for Project Dimensions time and materials services has been expended, ➢ Project Dimensions has incurred additional Reimbursable Cost for Inspection Services (Sub Consultant to PDI) at the request of the City. Revised Schedule for completion of PDI Services for this Project: June 15t11. 2015 Requested Change Order Amount ( #1): JM5 0 ($15,000 to be billed Time and Materials and $3520 for reimbursable casts incurred to hire a specialty inspector for the project as requested by the City) Approved by: 4 Park Plaza, Suite 700 Irvine, CA 92611 p: (949)1764246 f: (949)476.85Z0 www.projcctdimenslons.com 114