The URL can be used to link to this page

Home My WebLink About09 - BA-074 - Balboa Village Improvements Phase 2CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 June 10, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein, Principal Civil Engineer 949 - 644 -3311 rstein@city.newport-beach.ca.us SUBJECT: BALBOA VILLAGE IMPROVEMENTS PHASE 2 — AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES RECOMMENDATIONS: 1. Approve Amendment No. 1 to Harris & Associates, Inc. for supplemental construction management services and authorize the Mayor and City Clerk to execute the Amendment for a not -to- exceed fee of $69,980. 2. Approve a Budget Amendment appropriating $69,980 from the unappropriated balance of the General Fund to Account No. 7024- C5100543, Balboa Village Improvement Project — Phase II. DISCUSSION In September of 2002 a construction management fee of $178,000 was negotiated with Harris & Associates for construction management services for the Balboa Village Improvements Phase 2 project. Services were based on starting construction in September and a project completion date of May 31, 2003. The start of the project was delayed while discussions were held over the disposition of the Main Street Ficus trees. These discussions and other actions ended up delaying the project start date by eight weeks, and as a consequence, the anticipated project completion date also slipped. While the Ficus tree discussions were proceeding, Harris & Associates negotiated with the contractor for construction task modifications, coordinated re- sequencing of construction activities and utility undergrounding work, and issued correspondence modifying construction documents. With the commencement of construction in November, Harris & Associates provided a significant extra level of service to accelerate critical construction activities prior to the Christmas Boat Parade. For the 407 hours of additional work performed during the period of October 2002 to January 2003, staff recommends the Consultant be compensated an additional $49,980. SUBJECT: Balboa Village Improvements Phase 2 — Amendment to Professional Services Agreement with Harris and Associates June 10, 2003 Page 2 While Main Street was opened prior to Memorial Day and the project is now substantially complete, construction activities are proceeding into June and require site management services including inspections, change order and progress pay processing, and other contractual tasks. Staff recommends $20,000 be approved for supplementary construction management services by Harris & Associates through July 11, 2003. Staff recommends approval of a Budget Amendment transferring $69,980 from the unappropriated balance of the General Fund to Account No. 7024- C5100543. Environmental Review: A mitigated negative declaration was prepared in 2001 for all three phases of the Balboa Village project. Public Notice: No public notice required. Funding Availability: Upon approval of the recommended Budget Amendment, funds will be available in Account No. 7024- C5100543. Prepared by: �I' V. 41__� Robert Stein, P.E. Principal Civil Engineer Attachments: Amendment No. 1 Budget Amendment Submitted by: % Stephen G. Badum L_ — Public Works Director AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES FOR PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES FOR BALBOA VILLAGE IMPROVEMENTS — PHASE 2 THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2003, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and HARRIS & ASSOCIATES, whose address is 34 Executive Park, Suite 150, Irvine, California, 92614, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS: A. On October 8, 2002, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for construction management services for the Balboa Village Improvements - Phase 2, hereinafter referred to as 'PROJECT." The term of the AGREEMENT was to run from September 25, 2002 to September 2003. B. Services to be provided under the AGREEMENT were based on a project start date in September, 2002 and a project completion date of May 31, 2003. However, the construction start date for the project was delayed significantly while discussions were held over the disposition of the Main Street Ficus trees. These discussions and other actions ended up delaying the project start date by eight weeks. C. While the Ficus tree discussions were proceeding, CONSULTANT negotiated with the contractor for construction task modifications and coordinated a resequencing of construction activities and utility underground work, among other things. In addition, CONSULTANT provided an extra level of service in order to accelerate critical construction activities prior to the Christmas Boat Parade. The cost of these additional services provided by CONTRACTOR totaled $49,980. D. While Main Street was opened prior to Memorial Day and the project is now substantially complete, construction activities are still proceeding and require site management services into the months of June and July 2003 that were not included in the original Scope of Services attached to the AGREEMENT, based on the original construction start date of September 30. The cost for these supplementary construction management services totals $20,000. E. CITY desires to enter into this AMENDMENT No. 1 to compensate CONSULTANT for the additional professional services needed for PROJECT due to the delay in the original project completion date. F. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services already performed pursuant to this AMENDMENT NO. 1 according to "Exhibit AV dated May 27, 2003 and for additional services necessary to complete the project, as outlined in the scope of services included as "Exhibit A2" dated May 29, 2003 attached hereto. 2. Total additional compensation to CONSULTANT for the services performed and to be performed pursuant to this AMENDMENT NO. 1 shall not exceed Sixty -Nine Thousand Nine Hundred Eighty Dollars ($69,980). 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. 1 on the date first above written. CITY OF NEWPORT BEACH, A municipal corporation Al APPROVED AS TO FORM: Steven Bromberg, Mayor City of Newport Beach City Attorney HARRIS & ASSOCIATES ATTEST: By: LaVonne Harkless City Clerk f: \users\pbw\shared�agreements \fy 02 -03 \hams & assoo-balboa village phase 2- amendment no 1.doc May 27, 2003 Harris & Associates Program Managers Mr. Bill Patapoff Construction Managers Public Works Department Civil Engineers City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658 Reference: Professional Construction Management Services Level of Effort Balboa Village Improvements — Phase H Dear Bill: Harris & Associates is in receipt of the City's response letter, dated May 5, 2003 in reference to the level of effort for construction services on the Balboa Village Improvements, Phase II project. Although Harris appreciates your concerns regarding staff and utilization, the City's letter is inconsistent with our discussions on April 7, 2003. For your reference, attached is the matrix outlining elements of the scope of work provided to the City during our February 4, 2003 meeting regarding the same subject. The staff responsibilities have been included consistent with our discussions during that meeting. Please note that discussions of the required level of effort began during our initial contract negotiations. Based on the City budget we were concerned that the project would be understaffed. At the request of the City, Harris provided staffing to meet the project needs. Upon realizing that the level of effort was exceeding the budgetary constraints of the City, Harris made several attempts to meet with you particularly in the months of December and January. Based on schedule conflicts, our first meeting was delayed until February 4, 2003. At this meeting, Harris & Associates outlined the required work previously discussed during negotiations of the contract and provided options to the City for the increased level of service and requested adjustments to our contract. The City denied our request for additional fees and in turn assigned City staff to maintain the same level of effort previously provided solely by Harris staff. Harris has provided the level of effort required to maintain the project success while continuing discussions with the City to address construction services fees. In reference to your letter regarding staffing, please note that the contract outlines several staff members' positions and their respective rates. There is however no mention of specific staff to be assigned to the project other than Omar M. Dandashi, PE as the City's contact. Based on discussions on several occasions prior, subsequent, and including the above noted meetings, Harris has made the City aware of the utilization of staff and their roles on the project. Regarding justification for the additional staffing requirements, please refer to Harris & Associates letter, dated April 29, 2003. Note that the City, specifically Bob Stein and yourself, have been informed and updated on the project issues (at the time of the issues) relating to the delay in start of construction and required adjustments due to the legal issues with the removal of the ficus trees on Main Street. In an effort to reach a productive compromise, Harris & Associates is willing to absorb certain project management costs and will not invoice the City for the time Wahed Abrahim spent on the project. However, Harris must be compensated for the time Karen Scott has spent on the project in her role as Assistant Construction Manager. The revised request for additional fees based on current invoicing provided to the City is $47,980.00 (140 hours — O. Dandashi, 267 hours — K. Scott) Harris & Associates has a great interest in assisting the City with the successful completion of this project. We recognize that our present contract expires on May 30, 2003 and that bringing resolution to all outstanding issues is critical. Harris & Associates will provide any additional detailed information EXHIBIT Al required clarifying the additional fees for construction closeout in June and July 2003 should the City provide a written request to extend our contract beyond May 30, 2003. Please note that Bob Stein has authorized additional material testing included in the April 29, 2003 letter as part of the $32,000.00 to complete the project. (Estimated to be approximately $2,000.00). The materials testing invoice shall be included in our May invoice and will exceed our current budget. Harris & Associates requests a contract amendment in the amount of $49,980.00 for work previously performed and discussed in our letter dated April 29" and the additional material services approved by Bob Stein required to properly maintain and insure the success of the Balboa Village Improvements. In addition we will require written authorization to continue providing services to the City beyond our present contract expiration date. Harris & Associates looks forward to hearing from the City regarding the extension of Harris contract in addition to the equitable resolution of the deferred time issue. As always, Harris remains available to the City for continued discussions. Should you have any further questions, please do not hesitate to contact Omar Dandashi or myself at 949.655.3900. Respectfully, S & ASSO ATES ave Seev rs, P.E. Vice Pr ident cc: S. Badum — City of Newport Beach R. Stein — City of Newport Beach J. Cooper - Harris & Associates 0. Dandashi - Hams & Associates Harris & Associates Balboa Village - Phase ll Project Organization Matrix KS WA JJ OD PROJECT OPERATIONS Request for Information Submittals Document Control Project Files Contract Documents TECHNICAL ENGINEERING Request for Information Technical Submittals Technical Construction Issue Evaluation Schedule Tracking Status Photographs Quality Control Surveying Technical Correspondence FIELD INSPECTION Inspection Reports / Construction Photographs Extra Work Tracking Project Progress Quantities Project As- Bunts Field Safety & SWPPP Compliance Notice of Non Compliance Materials Testing CONTRACT Request for Quotation Change Order Request / Contract Change Order Extra Work Billing Stop Notice I Suspension of Work Contract Document Revisions Progress Billing Scope Negotiations Project Schedule Weekly Statement of Working Days Contract Correspondance Certified Payroll Compliance PUBLIC RELATIONS Merchants Association Residents Home Owner Association City I Private Agreements / AGENCY UTILITY SUBCONSULTANT COORDINATION City General Services City Utilities Traffic Department Public Works Department Planning Department Southern California Edison Gas Company Pack Bell Telephone Psomas I Nuvis 0IHardS & Associates Balboa Village Improvements - Phase 11 Project Management Level Of Service Matrix City of Newport Beaah Tod Mornay Fee hbnaaypaelnmem Level of Service Optiow Contract I O Gorr r Option IA-1 OWw 2 Option 24• E Ik7001 s 27,700 s 36,200 I E 31,500 s 47,000 ' ♦ 6,000 s +7,500 E +3,600 E 22,300 Perab,m. IS PerMmM PerManrh Pern."M Perilmah iCT ADMINWTRATION / OPERATIONS ♦ Request for Information RevlewRgaPrabe ieMnlmleebntlnaaon Submittals Technical Submittals ♦ ♦ Document Control Construction Issue Evaluation Project Files ♦ E.mkmb raMnk:alFatllssumbFeMenO Contract Dcouments TECIINICAL ENGINFEMG Task Description Process d Track Rq, ComHneb MM Cay d Engineer Axr s a Trent SMmIMtr, Comwureb w Cay a Elganer Deck aLcg a 1n=nM, oupcWp CarerporMaxa a Lkcumenbe,:A,4n1oRetpd Sblr Malnlaw pmedFaes Parr Cary a Damess) MsMlaw pAglad Cmbacta=rwb fftara c:cyya cebEe,a) Request for Information Technical ♦ ♦' RevlewRgaPrabe ieMnlmleebntlnaaon Submittals Technical ♦ ♦ Renpv SUbnslersaPrpvba iedmiallbbrminaum Construction Issue Evaluation ♦ ♦ E.mkmb raMnk:alFatllssumbFeMenO !)esamure Opaw¢bRrsotrAOn Schedule Tracldng ♦ ♦ RevEw0ase5ne StlroOUbeM Track Pragmss µeywk, Status Photographs ♦ ♦ nletypmpa Mae stabs pksbgrapas baovib Caro00b9yapro0a Quality Conml Surveying ♦ ♦ ♦ On tea survey sutronsusmlb Vaay conaaabr VAA NecdN. Technical Correspondance .I ♦ I Lotkss, RU MemamdU RWDka to cbAycwsass u a, FIELD INSPECTION Inspection Reports .�. ♦.I LEVY CauaucAw Pngress Rpab aWArq CmsMC4on Pn,,r ,EuArpr [n Leborlsg. Construction Photographs ♦ ♦ ♦ Phabgmpbs ofCaubwaon it Pmpes MSrn Inspc is Present Extra Work Truing ♦ ♦ Treckkq SdtStq Lae &SWp Msatbra/SCUD BbkaOspu N/uk Project Progress Quenlitiea ♦ ♦ ♦ Revbwd COrMm MOnMy Caesbuctbn Quan�'oa Project As -Buirm I I ♦ Revived Cartrm UwMN Cant ASbsWPten Field Safety B SWPPP Compliance ♦ ♦ ♦ Pafam K*eW'Fmrre/ see Reviews WCampfmm coda SB ,, Raas Cmbot Ped&, es ar d U kub amesa asarey Notice of Non Compliance ♦ ♦ ♦ IsueNdimas RequaeebrlbnM OrBent aaa . conbap compsss Materials Testing ♦ ♦ ♦ Cwdaeb MabbU TeaOrg d CanpacL Tesarp as RagaesbaDy Contact+ d RaWrwWty CaNact CONTRACT Request for Quotation ♦ ♦ Manor,, Prepa% E.euhb, andApuow /Pracess CmbaclRFO. Change Order Request ♦ Masepa, Agpan% E.aubb, anaApprons /Places .♦ Cm68cfcOR. Contract Change Older ♦ ♦ Manage, Prepare, E.aufft arMAwnre /poa:ss ' CanaactcM. EAM Work Billing ♦ ♦ Menepe Preparq EVauitaa a Appove /process _ CmtnoiErtra Nbk. Stop Notice l Suspension of Work ♦ ♦ OebmknarsueN ofsyspsnsmofN or strapN k c"nPft"%vtta Canaectramrsa - Purtaesawyconcems Contract Document ReAsions ♦ I - Pn Cmbactoocum Revtsbna, la"ela" Progress Billing I I I Prepare CAy Mammy B®rp siebrpN Scope Negotiations I I NagoaebwRA CmbacbReNSbns, Ad*.., '. - Mad0leeE'mtbGmbxtttbrkd Scope Project Schedule ♦ I Evabeb PrgectSMeaab br Campsaxewam Contest DOCUma,b,txbrtnbe/mgeesatkmrnv,a CmecMe Meeaurea. Weeldy Statement ofWorldng Clays ♦ ♦ ♦ Prexuv N4ck/y Sbbm ofVAAbg OeysW Isuaaw to Cmeao or Contract Correspondence ♦ .I pep" L.elba to Cbray, Re VIM Alogly a Estrus ConbactPrmafms Certified Payroll Compliance ♦ ♦ R�CaaaaanCerr FaysofbrCaaaact _ Fuaov CmipBence PUBLIC RELATIONS Merchants Assocaton I AIbM, ReapaM, a Cmainebwda MaNUnb a 6MOA Residents I Co W&Rasporurwaa ResiaenbuckMkp PULWc orbeaca aRalsl Home Owner Association ♦ - Aftr4 Rasparq a Coaaarare Mlh Res,Wfit a . OwrerAaaodeam City /Private Agreements I Negotab Privab Part, (Business QVnq PrNab Owned Agreemenb m Berwrar Cay as !deft b Coasfruaaon. Balboa Village Improvements - Phase h Project Management Level Of Service Matrix City of Newport Beach Level of Service Optiow l:orWact don 1 bon 1Ae 2 24e TetarRmrfdylca S 18,700 S 27,700 S 36.200 S 32,300 S 41,000 World, I. h. S 9000 S 17,300 S 13,800 S 22,300 Tasklkscription tbarond, tbNontlr tbNonm tbnordh tbnorM AGENCY IUTHITY I SURCONSULTANT COORDINATION City General Services ..d Cowmreb COnstiuce'on opemtimsxfa�Ganerel sonvea Gay Utilities J CmrtYreb Carubuction Opemdans wNlNbhi Oecw&wta Traltic DepartrtreM 'J Depwoeb tbnirvctbn operations wT iremc Public WOrl¢Departrnent Caord'nab Canslnictim OperaEhnxwtn puefc sstvts ' OapeNnent Planning Depaoment J CooMnab COnsfruclbn ope/aO'au wA Rnnhp Decerbnc*t Southern California Edison J Cmtfneb ConslAcIlon operations wM SCE Gas Company J Coo�duwb CansN.cNn Operation wai Pec8e4 Pacific Bell Telephme J cmdmebcrostruc0'an opantins wm Cass rA. Psomas I Nuvis -d '. Cacvdtiwb Carubectin Opvati'ulnwm Designers TOTAL CONTRACT FEES(Estlurlea SubconwMant Fees) S 169316 S 249,316 S 323,816 S 292,316 S 369,016 FEE INCREASE (Baud on 9 Month Contract Length) S 81,000 S 157,300 S 124,200 S 200,700 'Full T@- Inspection SUMMARY OF DOCUMENTS PROCESSED TO DATE WITH FULL LEVEL OF SERVICE (OPTION 2) Pencd horn Mid Novemoer2002 to Mid January 2OQ3 Conesponoance (Letters, Trarrsmitlals, Fax) 250 (Approximate) Emails 800 (Apprmamate) Field Memo, Directives 35 Request for Infomg0on 22 Notice of Non Compliance 3 Change Order Request 16 Request for Quotation 16 Contract Charge Orders 4 Inspection Reports 55 Submittals 17 Total Documents To Date 1,218 Hants 8 Associates May 29, 2003 Mr. Bill Patapoff Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658 Reference: Professional Construction Management Services Project Close Out Level of Effort Balboa Village improvements — Phase H Dear Bill: Harris & Associates is pleased to present the following project close out Village Improvements — Phase II Construction Management Services as Harris existing Professional Services Agreement The items outlined be with Bob Stein on May 28, 2003 and are considered to be in addition services fees addressed in Harris & Associates letter dated May 27, 2003. Harris & Associates Program Managers Construction Managers Civil Enginoers level of effort for the Balboa part of an addendum to the low are based on discussions to the deferred professional 1. 77he period of this contract addendum shall be from Junc 1, 2003 through July 9, 2003 (6 week extension period) 2. Construction Management services shall be consistent with the existing Professional Services Agreement level of effort (equivalent 16 hours per week construction manager time at 5152.00 per hour) 3. Construction Management staff utilization shall be at the sole discretion of Harris & Associates. Omar Dandashi shall function as the Project Contract Representative. 4. Construction Inspection services shall be consistent with the existing Professional Services Agreement for the period from June 1, 2003 through June 13, 2003 only (Z week extension period). S. Construction Inspection staff shall be John Johnson. 6. The City shall provide supplementary project level staffing. Harris & Associates requests a construction services support contract supplementary amendment in the amount of $20,000.00 dollars to address the additional level of effort required to complete the Balboa Village Improvements project. Should you have any further questions, please do not hesitate to contact Omar Dandashi or myself at 949.655.3900. Respectfully, $A AS CIATES D e Se Vice President cc: S. Badum — City of Newport Beach R. Stein — City of Newport Beach J. Cooper - Harris & Associates 0. Dandashi - Harris & Associates 1: \U3crs\HARM0NY\030529 Newport Harris Fees,doc EXHIBIT A2 34 Executive Park, Suite 150 Irvine, California 92614 -4705 949.655.3900 FAX 949.6553995 irvineeharris- assoc.com City of Newport Beach NO. BA- 074 BUDGET AMENDMENT 2002 -03 AMOUNT: $69,sso.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance P1 Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues rx I from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for the Balboa Village Improvement Project, Phase 2. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund Fund Balance Description Amount Debit Credit $69,980.00 ' $69,980.00 p�� , �/f / Automatic System Entry. ZY Signed: /��vtwc"cT C /� pJ,, 63 Financial pprovaly: Administrative Services Director �� Date Signed: Y �� Allministrative Approve City Manager Ifate Signed: City Council Approval: City Clerk Date Description Division Number 7024 Neighborhood Enhancement B Account Number C5100543 Balboa Village Plan Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Amount Debit Credit $69,980.00 ' $69,980.00 p�� , �/f / Automatic System Entry. ZY Signed: /��vtwc"cT C /� pJ,, 63 Financial pprovaly: Administrative Services Director �� Date Signed: Y �� Allministrative Approve City Manager Ifate Signed: City Council Approval: City Clerk Date