HomeMy WebLinkAbout07 - Newport Blvd-Hospital Road Right Turn ModificationsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
November 14, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Steve Luy, Project Engineer
949 - 644 -3311 or sluy @city.newport- beach.ca.us
SUBJECT: NEWPORT BOULEVARD /HOSPITAL ROAD RIGHT TURN
MODIFICATIONS — AMENDMENT NO. 4 TO PROFESSIONAL
SERVICES AGREEMENT WITH W.G. ZIMMERMAN ENGINEERING
RECOMMENDATION:
Approve Amendment No. 4 to Professional Services Agreement with W.G. Zimmerman
Engineering, Inc., and authorize the Mayor and City Clerk to execute the Amendment.
DISCUSSION:
On September 2, 2003, the Public Works Director approved a Professional Services
Agreement with W.G. Zimmerman Engineering, Inc. (Zimmerman) for $24,110 to
provide engineering, geotechnical services, and Caltrans encroachment permit
processing. On January 27, 2004, the City Council approved an amendment to.the
agreement in the amount of $7,364 to perform a biological and cultural assessment of
the project, as requested by Caltrans District 12. Amendment No. 2 added $1,500 to
the agreement on March 24, 2004. Amendment No. 3 added $10,000 to the agreement
on April 25, 2006.
Zimmerman has completed final design and has submitted a proposal to amend its
scope of services and a fee in an amount not to exceed $10,000 in response to
requirements and changes as requested by Caltrans District 12. These additional
services are for resolving conflicting requirements with Caltrans pertaining to
environmental issues, traffic safety concerns, slope construction, adding a storm drain
headwall and other permit requirements.' Per Council Policy F -3, City Council approval
is required since the increase is more than 25% of the original contract amount. Staff
concurs that the additional $10,000 is appropriate for the additional tasks and
recommends Council approval.
Newport Boulevard Hospital Road Right Turn Modifications
Amendment No. 4 to Agreement with W.G. Zimmerman Engineering
April 25. 2006
Page 2
Environmental Review:
A mitigated negative declaration has been prepared for this project and is under review
by the jurisdictional agencies.
Public Notice:
Not applicable at this time.
Funding Availability:
This year's Capital Improvements Program budget includes funds for this project.
There are sufficient funds available in the following account for the project:
Account Description
Transportation and Circulation Fund
Prepared by:
Account Number Amount
7261- C5200737 $10,000
Submitted by:/
'00�e 1�r �/ - -11-� —
ephen uy ep G. Badum
Project Engineer Pu Works Director
Attachments: Amendment No. 4 to the Professional Services Agreement
AMENDMENT NO.4 TO
PROFESSIONAL SERVICES AGREEMENT
WITH W.G. ZIMMERMAN ENGINEERING INC.
FOR NEWPORT BOULEVARD /HOSPITAL ROAD
RIGHT TURN MODIFICATIONS
THIS AMENDMENT NO. 4 TO PROFESSIONAL SERVICES
AGREEMENT, entered into this day of , 2006, by
and between the City of Newport Beach, a municipal corporation, (hereinafter referred
to as "CITY ") and W.G. Zimmerman Engineering Inc., a California corporation, whose
address is 801 Pacific Coast Highway, Suite 200, Seal Beach, California 90740,
(hereinafter referred to as "Consultant "), is made with reference to the following:
RECITALS:
A. On September 9, 2003, CITY and CONSULTANT entered into a
Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for design
services for the Newport Boulevard /Hospital Road Right Turn Modifications Project,
hereinafter referred to as "PROJECT." Total compensation due consultant under the
agreement was $24,110.00 for engineering, geotechnical services, and Caltrans
Encroachment Permit processing.
B. On January 27, 2004, City and Consultant entered into Amendment
No. 1 to the Agreement, in which Consultant's Scope of Work was expanded to perform
a biological and cultural assessment of the project, as requested by Caltrans District 12.
The.additional compensation due Consultant under Amendment No. 1 was $7,364.00.
C. On March 24, 2004, City and Consultant entered into Amendment
No. 2 to the Agreement, in which Consultant's Scope of Work was further amended.
The additional compensation due Consultant under Amendment No. 2 was $1,500.00.
D. On April 25, 2006, City and Consultant entered into Amendment
No. 3 to the Agreement, in which Consultant's Scope of Work was further amended.
The additional compensation due Consultant under Amendment No. 3 was $10,000.00.
E. CITY desires to enter into this AMENDMENT NO. 4 to reflect
additional services to be provided that were not included in the original AGREEMENT
or subsequent amendments, in an amount not to exceed $10,000.00. These additional
services include detailed discussions with Caltrans District 12, on environmental issues,
traffic_ safety, slope construction, adding a storm drain headwall, and other permit
requirements.
F. CITY desires to compensate CONSULTANT for these additional
professional services needed for PROJECT.
G. CITY and CONSULTANT mutually desire to amend AGREEMENT,
hereinafter referred to as "AMENDMENT NO. 4," as provided below.
NOW, THEREFORE, the parties hereto agree as follows:
1: CONSULTANT shall be compensated for services performed
pursuant to this AMENDMENT NO. 4 according to "Exhibit A° dated October 26, 2006,
and attached hereto.
2. Total additional compensation to CONSULTANT for services
performed pursuant to this AMENDMENT NO. 4 shall not exceed Ten Thousand and
OO100 Dollars ($10,000.00). City shall pay Consultant for the services on a time and
expense not -to- exceed basis in accordance with the provisions of the original
Agreement and the Schedule of Billing Rates attached hereto as Exhibit B. No billing
rate changes shall be made during the term of this Agreement without the prior written
approval of City.
3. The term of the AGREEMENT shall remain June 30, 2007.
4. Except as expressly modified herein, all other provisions, terms,
and covenants set forth in AGREEMENT shall remain unchanged and shall be in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT
NO. 4 on the date first above written.
APPROVED AS TO FORM:
4 ^/N16-
Aaron C. Harp, Asst. thy Attorney
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Don Webb, Mayor
W.G. ZIMMERMAN ENGINEERING, INC.:
B Cc
(Corporate fficer)
Title: rra�cl
Print Name: C'.ZImrncrV%aa:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit A
October 26, 2006
Rich Edmonston, P.E.
Transportation and Development Services Manager
City of Newport Beach.
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Mr. Bob Stein, P.E., Principal Civil Engineer
Subject: Newport Boulevard Right Turn Lane at Hospital Road Proposal
for Additional Costs Related to Design Changes and Extra Consulting
Services Required by Caltrans
Dear Mr. Edmonston:
Pursuant to our letter proposal for additional cost on a time and materials basis
dated January 24, 2006 for the Newport Blvd. Right Turn Lane project, the first
increment of $10,000 of additional cost due to Caltrans . coordination and
subsequent plan modification has been expended. We hereby request that a
second increment. not to exceed $10,000, without with out prior approval, be
authorized using the same understanding and SCHEDULE OF BILLING
RATES of January 1, 2006 that was in the January 24, 2006 proposal letter
(see attached documents),
If you have any questions please contact Ron Brust, P.E. at (562) 594 -8589,
ext. 17, or Cell Phone (562) 254 -0082.
Sincerely,
W. G. Zimmerman Engineering, Inc.
�. Bill Zimmerman, P.E.
President
Cc: Steve Luy P.E., Associate Civil Engineer, City of.Newport Beach
Ron Brust, P.E., Project Manager —WGZE
Project File -
January 24, 2006
Rich Edmonston, P.E.
Transportation and Development Services Manager
City of Newport Beach.
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Mr. Bob Stein, P.E., Principal Civil Engineer
Subject: Newport Boulevard Right Turn Lane at Hospital Road Proposal
for Additional Costs Related to Design Changes and Extra Consulting
Services Required by State Regional Water Quality Control Board and
Caltrans
Dear Mr. Edmonston:
W. G. Zimmerman Engineering, Inc. is forwarding our cost proposal for
additional design changes and additional consulting services related to
requirements by the State Regional Water Quality Control Board and Caltrans
concerning environmental issues, impact to perennial waters (187 linear feet),
creation of 0.06 acres of riparian waters of the U.S., non - native vegetation
removal, and development of a regular monitoring program for the
establishment of riparian waters.
FEE
Due to the nature of the required work noted above being subject to
undefined standards of the State Regional Water Quality Control Board
and Caltrans, consulting fees cannot be easily estimated. Therefore
consulting fees are proposed to be on a time and materials basis at the
rates noted in the attached SCHEDULE OF BILLING RATES.
Work is proposed to be performed in increments not to exceed $10,000
without prior approval of the City of Newport Beach. W. G. Zimmerman
Engineering, Inc. will advise the City of Newport Beach when the current
increment of work reaches the $10,000 amount:
If you have any questions please contact Ron Brust, P.E. at (562) 594 -8589,
ext. 17, or Cell Phone (562) 254 -0082.
Sincerely, _
W. G. Zimmerman Engineering, Inc.
Bill Zimmerman, P.E.
President
Cc: Steve Luy P.E., Associate Civil Engineer, City of Newport Beach
Ron Brust, P.E., Project Manager —WGZE
Project File
W. G. ZIMMERMAN ENGINEERING; INC.
SEAT, BEACH, CALIFOPNU
CY 2006 Billing Rate Schedule
(Adopted 111106)
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8 --nior project Manager (Registered)
P^^ 5-,t Manager (Registered)
Si.' Project Engineer (Registered)
:'Y- eot Engineer
Senior Associate Engineer
Associate Engineer
CARD Manager /Senior Designer
CADD/Te6nician
A_miaistration/Offtce support
N2n -Lzbgr Expenses
�r .^P'ge (local)
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atr_-odaction Blue lines)
^ e, Expenses (such as sub - consultants, outside services
or special equipment needs)
Exhibit B
Rate
$185.00/Hr
$165.00/Hr
$155.00/Hr
$120.00ft
$110.00/Hr
$ 90.00/Hr
$ 85.00/Hr
$100.0o/xr
$ 75.0o/xt'
$ 60.00/Hr
44.50 per Mile
Cost plus 5%
Cost plus 5110
Cost plus 10 °/Y