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Home My WebLink About13 CIP 7130 EDINGER SMART ST. 03-06-07 AGENDA REPORT Agenda Item 13 Reviewed: City Manager Finance Director MEETING DATE: MARCH 6,2007 TO: WilliAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: AMENDMENT NO.2 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 T.USTIN .AND FROM RITCHEY STREET TO SR-55 (CIP NO. 2585) IN THE CITY OF SANTA ANA' SUMMARY Amendment No. 2 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). RECOMMENDATION It is recommended that the City Council approve Amendment No. 2 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 2006-2007 Capital Improvement Program budget there is project funding of $13,787,451 in the Newport Avenue/SR-55 Ramp Reconfiguration Project (CIP No. 7130) and $6,917,254 in the Edinger Avenue Widening Project (CIP No. 7147). The original combined construction budget for both projects (FY 2005-2006) was $26,787,134. Amendment No.2 is in the amount of $1,251 ,839.91 and there is sufficient funding to cover this cost. However, it is anticipated that an additional budget appropriation will be necessary to complete construction of both projects. This request will be made as part of the Fiscal Year 2007-2008 Capital Improvement Program budget process. Additionally, a portion of the Amendment No.2 cost, estimated at $526,000, will be reimbursed by OCTA under the Measure "M" "Smart Street" program. Amendment No.2 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 March 6, 2007 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. Another important feature of the services to be performed was a constructability review prior to soliciting bid~. Since the two subject projects were designed by two different engineering firms, and both sets of contract documents were combined into one construction contract, it was imperative that both sets of documents be compatible. Jacobs conducted a constructability review of the two sets of documents as they related to construction details, traffic control and staged construction, multi-agency coordination, disruptions to the public and utility coordination before combining the two sets of documents into one construction contract for bidding purposes. Construction started in November 2005 and has progressed smoothly. Jacobs was required to have a public outreach program and they have done an excellent job updating the City's website which includes the latest information that may affect the motoring public. Night work is scheduled, when possible, to further reduce the inconvenience to motorists and the adjacent businesses. Their efforts in meeting with the adjacent 'businesses to coordinate the contractor's work schedule has resulted in very few questions or complaints. The personnel assigned by Jacobs to the City for the subject projects have performed quite well. The Resident Engineer has been very pro-active in recognizing potential construction problems and resolving issues in an expedited manner and with a cost savings approach. There have been several unforeseen construction issues, including very poor soil conditions in Valencia Avenue, major utility conflicts in Edinger Avenue and Red Hill Avenue, and some delay due to working around existing utility poles. Jacobs has been very responsive in dealing with these issues. Jacobs has also kept public complaints to a minimum with their public outreach efforts. However, due to the circumstances beyond the control of Jacobs, additional services are required from them. Below is a list of the significant impacts that have affected Jacobs staffing: Amendment No.2 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 March 6, 2007 Page 3 . Jacobs' original cost proposal and approved budget was based on 18 months for construction. However, because of the complicated coordination efforts required of the contractor, such as coordination with Caltrans on the ramp reconstruction and with the Southern California Edison Company with undergrounding the existing overhead utilities, the specifications were written to give the contractor 24 months to construct the project. This extends the amount of time required for construction management services. . As a result of delays attributed to the Caltrans permitting process and acquisition of required right-of-way, the project did not begi,n until November 2005 instead of the anticipated start date of April 2004. Cost of living adjustments occurred during this time period for Jacob's labor rate and the amendment covers these' costs. . Jacobs' Notice to Proceed was given on December 11, 2003 in anticipation of a April 2004 construction start date. Due to the delay in beginning the "project and requests for additional work to be performed- by the City, preconstruction service hours totaled 1,162, exceeding the original' 880 hour budget. During this period of time, Jacobs attended utility coordination meetings, attended meetings with Caltrans to resolve their design issues, performed additional review of plans and specifications made at the request of Caltrans and other agencies, and performed a second check of the revised Engineer's estimate. These functions were outside of their original scope of work. . Jacobs was requested to provide a supplemental geotechnical investigation for Valencia Avenue and Newport Avenue to provide subsurface information for the proposed sanitary sewer and storm drain installation. During construction of the sanitary sewer improvements, groundwater and extremely poor soil conditions caused the new facilities to settle more than allowable. A second investigation was necessary to try and determine why settling was occurring and re-design the bedding for the sanitary sewer improvements. These investigations were outside of the original scope of work. . 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. This work was not in the original scope of work. · Jacobs has performed design services for the fire service line modification at 15171 Del Arno Avenue. This work was not in the original scope of work. 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 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 March 6, 2007 Page 4 Based on the additional scope of services outlined above, Jacobs has submitted a request for additional compensation in the amount of $1 ,252,839.91. 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. 2 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". Dana R. Kasdan Engineering Se'rvices Manager C7;:::;O ~ ,Tim D. .Serlet Director of Public Works/City Engineer ~ Attachment: Amendment No.2 S:\Councilltems\2007\Ament #2 to CSA with Jacobs CIP 7130.doc. AMENDMENT NO.2 TO CONSULTANT SERVICES AGREEMENT THIS AMENDMENT NO. 2 TO CONSULTANT SERVICES AGREEMENT ("Amendment No.2") is made and entered into this day of , 2007, 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. " RECIT ALS 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, 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. ComDensation, 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 December 20, 2006, attached hereto, which shall not exceed a total cost of $3,286,839.91. B. Consultant shall submit detailed invoices, based upon the actual work performed, accompanied by backup documentation as requested by the City. 1 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.2 was executed by the parties on the day and year written above. "CITY" CITY OF TUSTIN Lou Bone, Mayor ATTEST: Pamela Stoker, City Clerk APP~ftf16 AS TO FfrM: 11irAI/~/ {/ Do~~ti'(~!f;~~;;;~::y I / "CONSUL TANT" JACOBS CIVil, INC /' ,/ .~ t \. /,(' L.... ~'.~"'.:~ ~\-...,~':,. - -f '.~ '. ..,- ; / <~f;; ",- .... : ,-' '/ SherrySweltzet, Vice President S:\CSA & RFP\2006\Amend # 2 CSA 7130 Jacobs.doc 2