The URL can be used to link to this page

Home My WebLink About12 AMEND 3 W/JACOBS CIVIL, INC 05-06-08AGENDA REPORT City Manager MEETING DATE: MAY 6, 2008 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: AMENDMENT NO. 3 TO CONSULTANT SERVICES AGREEMENT WITH JACOBS CIVIL, INC., FOR ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES FOR THE NEWPORT AVENUE EXTENSION/SR-55 RAMP RECONFIGURATION PROJECT (CIP NO. 7130), AND THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT FROM SR-55 TO 1400 FEET EAST OF RED HILL AVENUE (CIP NO. 7147) IN THE CITY OF TUSTIN AND FROM RITCHEY STREET TO SR-55 (CIP NO. 2585) IN THE CITY OF SANTA ANA SUMMARY Amendment No. 3 to the Consultant Services Agreement between the City and Jacobs Civil, Inc. will provide additional Construction Management Services for the Newport Avenue Extension/SR-55 Ramp Reconfiguration Project (CIP No. 7130) and the Edinger Avenue (Smart Street) Widening Project (CIP No. 7147 in the City of Tustin and CIP No. 2585 in the City of Santa Ana). These services are needed due to the construction time frame lasting longer than expected. RECOMMENDATION It is recommended that the City Council approve Amendment No. 3 to the Consultant Services Agreement with Jacobs Civil, Inc. (Jacobs) to provide additional Construction Management Services for the Newport Avenue Extension/SR-55 Ramp Reconfiguration Project (CIP No. 7130) and the Edinger Avenue (Smart Street) Widening Project (CIP No. 7147 in the City of Tustin and CIP No. 2585 in the City of Santa Ana) and authorize the Mayor and City Clerk to execute the Amendment on behalf of the City. FISCAL IMPACT In the FY 2007-2008 mid-year budget there is project funding of $4,873,945 in the Newport Avenue/SR-55 Ramp Reconfiguration Project (CIP No. 7130) and $4,099,380 in the Edinger Avenue Widening Project (CIP No. 7147). Amendment No. 3 is in the amount of $218,042 and there is sufficient funding to cover this cost. A portion of the Amendment No. 3 cost, estimated at $91,578, will be reimbursed under the Santa Ana-Tustin Transportation System Improvement Authority (TSIA) program. Amendment No. 3 to Consultant Services Agreement with Jacobs Civil, Inc., for Additional Construction Management Services for the Newport Avenue Extension/SR-55 Ramp Reconfiguration Project (CIP No. 7130), and the Edinger Avenue (Smart Street) Widening Project from SR-55 to 1400 feet east of Red Hill Avenue (CIP No. 7147) in the City of Tustin and from Ritchey Street to SR-55 (CIP No. 2585) in the City of Santa Ana May 6, 2008 Page 2 BACKGROUND On December 1, 2003, the City Council approved a Consultant Services Agreement in the not to exceed amount of $2,035,000 with Jacobs for the Newport Avenue Extension/SR-55 Ramp Reconfiguration Project (CIP No. 7130) and the Edinger Avenue (Smart Street) Widening Project (CIP No. 7147 in the City of Tustin and CIP No. 2585 in the City of Santa Ana). Several full-time personnel including a Resident Engineer, Office Engineer, Highway Inspector and Administrative Assistant were originally assigned to staff the project. A Utilities Inspector was also used to supplement the Highway Inspector during periods when existing utilities were relocated underground or when new facilities were added. Additionally, the above construction management team was supplemented with other staff to perform public outreach activities, materials testing, construction survey support, cost analyst functions, scheduling, quality control, and safety activities. Construction started in November 2005 and has progressed reasonably well. On March 6, 2007, the City Council approved Amendment No. 2 to Jacobs' Consultant Services Agreement for additional services due to circumstances beyond the control of Jacobs. These items included the following: • Extending Jacobs' original schedule for construction from 18 months to 24 months due to coordination efforts with Caltrans on the ramp reconstruction and with the Southern California Edison Company for undergrounding the existing overhead utilities. • As a result of delays attributed to the Caltrans permitting process and acquisition of required right-of-way, the project did not begin until November 2005 instead of the anticipated start date of April 2004. • Assisting the City with preconstruction services beyond the scope of their proposal. During this period of time, Jacobs attended utility coordination meetings, attended meetings with Caltrans to resolve their design issues, and performed additional review of plans and specifications made at the request of Caltrans and other agencies. • Jacobs provided a supplemental geotechnical investigation for Valencia Avenue and Newport Avenue to provide subsurface information for the proposed sanitary sewer and storm drain installation. • The City was requested to procure the services of the California Highway Patrol during major freeway lane closures on SR-55. Jacobs agreed to coordinate and provide these services. Amendment No. 3 to Consultant Services Agreement with Jacobs Civil, Inc., for Additional Construction Management Services for the Newport Avenue Extension/SR-55 Ramp Reconfiguration Project (CIP No. 7130), and the Edinger Avenue (Smart Street) Widening Project from SR-55 to 1400 feet east of Red Hill Avenue (CIP No. 7147) in the City of Tustin and from Ritchey Street to SR-55 (CIP No. 2585) in the City of Santa Ana May 6, 2008 Page 3 • Jacobs has performed design services for the fire service line modification at 15171 Del Amo Avenue. It was discovered that the property owner had constructed fire service improvements on their property but within the future Del Amo Avenue City right-of-way acquired for CIP No. 7130. • Additional personnel have been employed on the project to perform administration and inspection work due to the complicated nature of construction phasing required for the project. Amendment No. 2 was based on services through November 2007. The project is now nearing construction completion. However, construction management services are required through May 2008 and Jacobs will be assisting the City in project closeout through June 2008. Project closeout includes the preparation of the Final Report for the various Measure "M" funds received from the Orange County Transportation Authority. Based on the additional scope of services outlined above, Jacobs has submitted a request for additional compensation in the amount of $218,042. Staff has reviewed Jacob's request and found it to be fair and reasonable based upon the significant amount of work they are expected to perform. It is, therefore, recommended that the City Council approve Amendment No. 3 to the Consulting Services Agreement with Jacobs Civil, Inc. for the Newport Avenue Extension/SR-55 Ramp .Reconfiguration Project (CIP No. 7130) and the Edinger Avenue (Smart Street) Widening Project (CIP No. 7147 in the City of Tustin and CIP No. 2585 in the City of Santa Ana). The City Attorney has reviewed the amendment and has signed it "Approved As To Form". Tim D. Serlet Dana R. Kasdan Director of Public Works/City Engineer Engineering Services Manager Attachment: Amendment No. 3 S:\Council Items\2007\Ament #3 to CSA with Jacobs CIP 7130.doc. AMENDMENT NO. 3 TO CONSULTANT SERVICES AGREEMENT THIS AMENDMENT NO. 3 TO CONSULTANT SERVICES AGREEMENT ("Amendment No. 3") is made and entered into this day of 2008, by and between the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "City", and JACOBS CIVIL, INC. a Missouri corporation, hereinafter referred to as "Consultant." RECITALS WHEREAS, City and Consultant entered into the Consultant Services Agreement dated December 1, 2003, (the "Agreement") for professional construction management services for the Newport Avenue/SR-55 Ramp Reconfiguration Project (CIP No. 7130) and the Edinger Avenue Widening Project (CIP No. 7147); and WHEREAS, Amendment No. 2 was approved by the City of Tustin on March 6, 2007 amending Section 4 of the Agreement by increasing the compensation paid to Consultant to a not to exceed total cost of $3,286,839.91; and WHEREAS, City and Consultant desire to amend Section 4 of the Agreement to include additional professional construction management services for the Newport Avenue/SR-55 Ramp Reconfiguration Project (CIP No. 7130) and the Edinger Avenue Widening Project (CIP No. 7147). NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained herein, and upon the terms and conditions hereinafter set forth, the parties agree as follows: AGREEMENT 1. Section 4, Compensation, of the Agreement is hereby amended in its entirety to read as follows: A. The compensation to be paid under this Agreement shall be as set forth in Exhibit "B" to the Agreement dated December 1, 2003 and the letter from Jacobs Civil, Inc. dated March 19, 2008, attached hereto, which shall not exceed a total cost of $3,504,881.91. B. Consultant shall submit detailed invoices, based upon the actual work performed, accompanied by backup documentation as requested by the City. C. Progress payments for work completed shall be paid by the City as the work progresses, within thirty (30) days of receipt of Consultant's invoice. D. Consultant shall provide City with a monthly itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof. E. City shall notify Consultant within ten (10) business days after receipt of an invoice if it disputes all or some element of the invoice. City and Consultant shall promptly attempt to effect a resolution of any dispute. Not withstanding the foregoing, City shall pay the undisputed portion of any invoice. 2. Except as expressly amended herein, all other provisions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, this Amendment No. 3 was executed by the parties on the day and year written above. "CITY" CITY OF TUSTIN Jerry Amante, Mayor ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM: Douglas C. Holland, City orney "CONSULTANT" JACOBS CIVIL, INC Sherry Sweitzer, Vice President S:\CSA 8 RFP\20061Amend # 3 CSA 7130 Jacobs.doc 2 JE JACOBS 5757 Plaza Drive, Suite 100 P. O. Box 6025 Cypress, California 90630 U.S.A. 1.714-503-3400 Fax 1.714-503-3999 March 19, 2008 Mr. Dennis Jue Consulting Project Manager, City of Tustin Public Works Dept., Engineering Div. 300 Centennial Way Tustin, CA 92780-3715 Regarding: Consulting Services Agreement for Newport Ave. Extension Project, City of Tustin CIP No. 7130, and Edinger Avenue Widening Project, City of Tustin CIP No. 7147 Subject: Additional Project Budget Request -Revised Dear Mr. Jue: On January 8, 2008 Jacobs submitted a proposal for additional budget to complete the construction management services for the Edinger Avenue Widening and Newport Avenue Extension projects. The City reviewed the proposal and verbally requested the budget be refined based on remaining work to be performed and current billings to date. We have reviewed the budget and have made the following adjustments: • Included actual hours worked in January and February. This reduced labor hours for those two months. Due to Jacobs accounting period ending on February 22"d, estimated hours for March have been increased by approximately one week. Subconsultant estimates to complete have been reduced. These changes have reduced the proposed increase to $218,042. This total additional amount should be allocated as $126,464 to Newport Avenue Extension and $91,578 to Edinger Avenue Widening. This revised budget proposal does not include any long term claim negotiations & review beyond the hours budgeted. Any additional hours requested by the City will need to be compensated with additional funding. We respectfully request the City of Tustin increase our budget by an additional $218,042. Our budget spreadsheet is attached for your review. If you have any questions please call me at (714) 258-7205. Sincerely Gary Tomasetti, P.E. Project Manager Attachment Jacobs Civil Inc. A Subsidiary of Jacobs Engineering Group Inc. ~ chi A a 7F ~ E ~ ~ ~ ~ ~~~~ Q ~ c ~ r ~~ x ~ ~ ~ ~. ~ ~ ~3 0 ~ ~~ a~~ N N N ~~ N ~~ ~3~ ~~ ~~aN dD+ NO O+ ~~ ~ ~ i~ ~ ~ II~ ~ ~ _, ~ ~ ;i ~" i i& i +i ii = ss s~ ~s se s~ ~~ ~~ ss ~ $~ ~~ ~ ~ ~ ~~ 5 ~~ ° ~ i~ ~€ ~ ~ ~ ~ ~ V ~ ~ ~ ~ ~ ~ ~ ~ _1 $ C ~ ~ ~ • C i 4 f . v: ~ ~~ ' N'a ..~ §~ En W~ ~t Ns a Wa'~ ~ o ~i ~ ti hh r o ~ ° Y ~ ~ .: ~ ~~ ~~ ~ ~ Y ~~ ~ E ~ a v ° E .a ° ~ u ° is. ~ ~ ~ ~ ~ ° s ~ s a m ~x ~ s u x as ~ £ s 'a : s& s tl ~ a 8 G ~ Y Y 81 8 Y d~ ~ 8 's a e s a~ s L aa a ~~ ~ ~ s ° x s iw E : s'a ; 3~ s s : aa a ~~ gs s ¢ a ax a s ~ ° ~ r~ s ' b ~ ~ s s u a + ss O a V g ~ € „a aY ~ a ~ 3 Y 4 tY8 9 s' »~ a a s s a s N "a u Y C i ~ eY ~ M F . Y° ~ Y ~ ., ! H. ! R ~ G a L ~ L ~ S ~ ~ 8 ~6 . ~ ~ ~ a 5 ~ ~ R 9 1 f a 6 R R 3 8 a E ~ E ! e $ w ~ y ~ 'P> Y 8 ffi E L o S S S E Y ~ gg S L L N 8 8 C w ~ $ C " ~ % $ Y 8 S ~ ~ e E S , .. a s s a a a a Y Y 9 R aga a S m ~ d ~ ~ o $$ $ Lk % $ $ a a x ~ ! ~ y E 3 ° § ° H y X 8 8 8 8 8 S S ~ S' $ 8. $~ 8 H 9 ~ ° 8 8 a Y w .,. r w w w w w w~ w « w u « « w « ~ ~ R & 8 R $R $ ~ L u $8 $ $ 8 $ 8 L $ a 8 Y u ~ ~ Y $ ' s ~ - $ $ & Y 8 P s Yf $ 5 :. 8 8 $ B $ 8 8 & 8 S $ $ B a 8 _ _ ~ ~ ~ a _ M ~~ w 8 $ i ~ O SL ~ P 8 3 a 'w$ N ~ _ ~ 9 $ ~e fe W ~ ~ ~I&~ 's i ~'~ ~~~