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Home My WebLink About10 - Newport Terrace Landfill Gas Collection & Control SystemCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 January 22, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum 949 - 644 -3311 orsbadum @city.newport- beach.ca.us SUBJECT: NEWPORT TERRACE LANDFILL GAS COLLECTION AND CONTROL SYSTEM — CONTRACT NO. 3651 — AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH SCS ENGINEERS FOR OBSERVATION AND SUPPORT SERVICES RECOMMENDATION: Approve Amendment No. 2 to the Professional Services Agreement with SCS Engineers, of Long Beach, California, for additional observation and support services for the Newport Terrace Landfill Gas Collection and Control System (Contract No. 3651) at a not to exceed price of $32,838 and authorize the Mayor and City Clerk to execute the Agreement. BACKGROUND: In accordance with the terms of the Settlement and License Agreement between the City of Newport Beach ad the Newport Condominium Associations (NCA), the City is administering the design and construction contracts for the improvements identified as the "Newport Terrace Landfill Gas Collection and Control System ". The firm of SCS Engineers from Long Beach was hired to prepare plans, specifications, and cost estimates for the improvements. A Professional Services Agreement with SCS Engineers was entered into on December 31, 2006, to assist the City in pre - qualifying construction contractors for competitive bidding on the work and to handle permit processing with regulatory agencies. The not -to- exceed fee amount for this Agreement was $17,000. By June 2007, four contractors had been pre - qualified and the project was ready for bidding. Three of the four contractors submitted bids on June 27, 2007. The low bid of $818,000 was submitted by Innovative Construction Solution, Inc. (ICS). On July 10, 2007, the City Council awarded Contract No. 3651 to ICS for $818,000 and established an amount of $80,000 to cover the cost of unforeseen construction expenses. In addition to awarding the construction contract to ICS, the City Council approved Amendment No. 1 to the December 31, 2006, Professional Services Newport Terrace Landfill Gas Collection and Control System — Contract No. 3851 — Approval of Amendment No. 2 to Professional Services Agreement with SCS Engineers January 22, 2008 Page 2 Agreement with SCS Engineers in the amount of $83,162 to provide observation and support services during construction of the improvements by ICS. Construction support services by SCS Engineers began in August 2007 and is expected to continue until March 2008. DISCUSSION: Construction work by ICS under Contract No. .3651 is now approximately 85% complete. SCS Engineers has submitted a request for additional compensation for its construction observation and support services in the amount of $32,838. As explained in its letter dated December 19, 2007, (attached hereto as Exhibit A to Amendment No. 2) SCS Engineers experienced budget overruns for field inspection and attending meetings. The Public Works staff believes that the request for additional compensation is justified based on the following reasons: 1. The progress of the underground trenching and piping installation proceeded more slowly than anticipated by SCS Engineers. Construction progress was slowed due to extensive tree roots encountered during trenching, unknown conditions and locations of the existing gas collection system, and undocumented locations of existing irrigation systems. The result is that observation time by SCS Engineers' field inspector increased from 387 hours to 455 hours. 2. After construction operations began, it was determined that weekly project meetings would be conducted rather than a few intermittent meetings as a need arose. The result was that SCS Engineers' budget of 64 hours has increased to 160 hours. The regular meetings have been very beneficial to project communications. 3. Manufacturer delays in delivering blower pumps acid meters combined with other design changes and additions will extend the contract time approximately four to six weeks. This results in additional time required for SCS Engineers. There has also been additional time required from their sub - consultants for building architecture and electrical engineering. SCS Engineers have been very responsive to the needs of the project and their continued involvement is vital to the successful completion of the project. Staff, therefore, recommends approval of Amendment No. 2 in the amount of $32,838. Environmental Review: This project is Categorically Exempt from provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 of the CEQA Implementing Guidelines. This exemption covers operation, repair, maintenance, minor alteration, etc., of existing structures, facilities, mechanical equipment, etc., involving no expansion of use of that existing at the time of the City's determination. A Notice of Determination has been filed with the Orange County Clerks' Office. Newport Terrace Landfill Gas Collection and Control System — Contract No. 3651 — Approval of Amendment No. 2 to Professional Services Agreement with SCS Engineers January 22, 2008 Page 3 Funding Availability: Funds are available in the following account to cover the not -to- exceed costs authorized by Amendment No. 2 to the Professional Services Agreement with SCS Engineers: Account Description City's Environmental Liability Fund Prepared by: Gall P. Plckart, P.E. Consultant Contract Administrator Attachments: Vicinity Map Amendment No. 2 Account Number Amount 7292- C5100735 $ 32,838 Total: $ 32,838 Submitted Then G. Badum lic Works Director h�� ✓ffidj�� 4 AmedcahLPl GOY�tR4f Rid� ' ecresti3, �E3�1'wif ile�T -ea�, p ro .y_.'f1 Oak St tJ�f j; PROJECT LOCATION Catarnptan pt W lath SIG a 71 Evergreen 4 Gedaf P1 j t W lwdb at VICINITY MAP NOT TO SCALE I� i IS 4 j} e I� Towne St N` 1 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH SCS ENGINEERS FOR CONSULTING SERVICES IN CONNECTION WITH SELECTION OF CONSTRUCTION CONTRACTOR FOR NEWPORT TERRACE LANDFILL GAS SYSTEM MODIFICATIONS THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City ") and SCS ENGINEERS INTERNATIONAL, LLC, a Delaware Limited Liability Company, an corporation whose principal place of business is 3900 Kilroy Airport Way, Suite 100, Long Beach, California, 90808 -6816 ( "Consultant'), is made with reference to the following: RECITALS A. On December 31, 2006, City and Consultant entered into a Professional Services Agreement, hereinafter referred to as "Agreement," for selection of qualified construction contractors to bid the Newport Terrace Landfill Gas System Modifications. B. On July 10, 2007, City and Consultant executed Amendment No. 1 to Agreement for observation and support services during construction o fthe Newport Terrace Landfill Gas Modifications. C. City desires to have Consultant provide additional construction support services in connection with the construction of the gas system modifications at Newport Terrace Landfill. D. City desires to compensate Consultant for continuing and additional professional services to be rendered to City. E. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 2 ", as provided herebelow. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall provide the services outlined in the December 19, 2007 proposal from Consultant attached hereto as "Exhibit A" and incorporated in full by this reference. 2. Total additional compensation for services performed pursuant to this Amendment No. 2 for all work performed, including all reimbursable items and subconsultant fees, shall not exceed Thirty Two Thousand Eight Hundred Thirty Eight Dollars and no /100 ($32,838.00) as outlined in Exhibit A. 3. 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. 2 on the date first above written. APPR VED AS TO FORM: vt— Tro'n C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk Attachment: Exhibit A — Proposal CITY OF NEWPORT BEACH A Municipal Corporation By: Edward Selich, Mayor for the City of Newport Beach CONSULTANT: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: f: \users \pbw\shared\agreementskfy 07 -08 \scs-newport terrace Ifg- amend -2.doc 3 Environmental Consultants _ 3900 Kilroy Airport Way 562 426 -9544 Suite 100 FAX 562 427 -0805 Long Beach, CA 90806 -6816 www- scsengineers.com SCS ENGINEERS December 19, 2007 File No. 01201221.07 Mr. Gail Pickart, PE City of Newport Beach Department of Public Works 3300 Newport Boulevard Newport Beach, California 92658 -8915 RECEIVED' UEL 2 t 2007 Public Works f3epartmenl City of Ni ewport Beach Subject; Request for Additional Budget — Construction Related Services for Newport Terrace Landfill Gas System Modifications Dear Mr. Pickart: Pursuant to our recent discussions, we are hereby requesting addition budget of $32,500 be added to our current authorizations for performing construction oversight supporting installation of modifications to the Newport Terrace LFG System. We are currently performing under Amendment No. 1 (July 10, 2007) to a Professional Services Agreement (December 31, 2006). Amendment No. lauthorized $83,162 for a series of construction- related- services (CRS) tasks. Amendment No. 1 was based on our proposal of July 2, 2007. As of our most recent invoice, SCS has billed the City $68,136.71. We are now estimating that our final cost by the time construction is complete, will be about $116,000 —which would be an overall increase over the original budget of $32,838. This additional cost will be incurred as a result of the progress of the work and the need to address various issues at the site. More specifically: • Our original estimate of the inspectors time necessary at the site was 387hours; we now estimate the total will be 455 hours. With truck expenses, this would amount to an additional $7,000. Our original estimate of the design engineer's (Sr. Technical Manager— S. Kothary) time for site visits, shop drawing review, clarifications and consulting was 64 hours. As of November 30 he had spent 60 hours on the project (not including the pre - construction task) and we now estimate the total will be 160 hours. With mileage and incidental costs, this would amount to an additional $18,000. • Additional project management and coordination associated with the above, plus additional subcontractor support: we estimate $7,500. EXHIBIT A Offices Nationwide 0 December 19, 2007 Mr. Gail Pickart, PE Page Two These additional hours result from the field installation taking longer than originally anticipated, and the more - than - anticipated involvement by Mr. Kothary. We originally envisioned the underground construction requiring about seven weeks, but it's just now being completed after 13 weeks (since mid - September). During this extended period Mr. Kothary was asked to attend the weekly meetings — we had estimated 8 such meetings but we just completed the 12'h and there will be a need for an additional four (or more). Several additional site visits and office engineering time also became necessary due to a number of issues arising in the field, including the relocation /redesign of3he 19°' Avenue condensate sump, several small realignments due to field conditions, modification of the utility connection to the blower building, etc. (Note: this request for additional construction oversight budget should not be confused with a separate proposal that is being prepared to cover post - construction activities). If this additional budget is approved, SCS will continue to bill the city on a time -and- materials basis per our current Fee Schedule. If you have any questions about this request, please call Shashi Kothary or the undersigned. Sincerely, Mark Beizer, PE( j Sr. Vice Preside oject Director SCS ENGINEERS