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Home My WebLink About12 AMD#1-JACOBS CIVIL INC 11-20-06 AGENDA REPORT Agenda Item 12 Reviewed: City Manager Finance Director MEETING DATE: NOVEMBER 20, 2006 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: AMENDMENT NO.1 TO CONSULTANT SERVICES AGREEMENT WITH JACOBS CIVIL, INC. FOR CONSTRUCTION OVERSIGHT AND INSPECTION SERVICES FOR PHASES II, III, AND IV OF THE DISTRICT (VESTARlKIMCO TUSTIN) OFF- SITE BACKBONE INFRASTRUCTURE AT TUSTIN LEGACY SUMMARY Amendment No. 1 to Consultant Services Agreement between the City and Jacobs Civil Inc. will provide construction oversight and inspection services for construction of Phases II, III, and IV of The District (Vestar/Kimco Tustin) Off-Site Backbone Infrastructure at Tustin Legacy. RECOMMENDATION It is recommended that the City Council approve Amendment No. 1 to Consultant Services Agreement with Jacobs Civil, Inc. to provide construction oversight and inspection services for construction of Phases II, III, and IV of The District Off-Site Backbone Infrastructure at Tustin Legacy, and authorize the Mayor and City Clerk to execute the Amendment on behalf of the City. It is also recommended that the City Council appropriate $93,000 from the Tustin Legacy Redevelopment Agency Fund to CIP No. 7169 (The District at Tustin Legacy) for the construction oversight services on these projects. FISCAL IMPACT Pursuant to the Infrastructure Construction and Payment Agreement between the City of Tustin and the Developer, Vestar/Kimco Tustin, inspection services for the construction of the backbone infrastructure will be funded through fees collected from the Developer. Inspection services for these phases are estimated to be $721,000 and were included in the backbone infrastructure cost estimates prepared for the District Project. Construction oversight services are estimated to be $93,000. The cost for construction oversight services is about 1 % of the low bid for construction of Phases II, III, and IV of The District Off-Site Backbone Infrastructure. Cost for construction oversight services will be funded from the Tustin Legacy Redevelopment Agency funds through an appropriation to CIP No. 7169 (The District at Tustin Legacy). BACKGROUND Phase II of the proposed project involves construction of streets, storm drain systems, traffic signals, parkways, and sidewalks that are backbone infrastructure improvements on Barranca Parkway between Tustin Ranch Road and Jamboree Road. Phase III of the proposed project involves construction of dry utilities on Tustin Ranch Road between Barranca Parkway and Warner Avenue, Warner Avenue between Tustin Ranch Road and Park Avenue, and Park Avenue between Warner Avenue and Tustin Ranch Road. Phase IV of the proposed project involves landscape improvements on Tustin Ranch Road between Barranca Parkway and Warner Avenue, Warner Avenue between Tustin Ranch Road and Park Avenue, Park Avenue between Warner Avenue and Tustin Ranch Road, and a portion of North Loop Road between Warner Avenue and the Jamboree RoadlWarner Avenue ramp. Consultant Services Agreement for Construction Oversight and Inspection Services for Phases II, III, and IV of The District (Vestar/Kimco) Off-Site Backbone Infrastructure at Tustin Legacy November 20, 2006 Page 2 DISCUSSION Construction of these projects will require the services of a Construction Oversight Manager and multiple inspectors for support. In addition, the construction oversight team will include staff to perform cost analysis functions, scheduling, quality control, and safety activities. The Developer has retained Bayley Slater, a Construction Management Company, to manage their interests in the project. Since the project involves reimbursement of funds for the construction of public facilities, the City needs to provide a level of oversight and control of the construction activity and related costs. The contract Construction Oversight Manager and contract Inspector will be responsible for overseeing the construction to ensure that the project is constructed per City standards and in conformance with the "Infrastructure Construction and Payment Agreement" between Vestar/Kimco Tustin L.P. and the City, approved by the City Council on March 21, 2005. The contract Construction Oversight Manager will coordinate the construction activities of all aspects of the project under the oversight of the Public Works Department's Engineering Division. Jacobs Civil, Inc. is currently providing construction oversight and inspection services for construction of Phase I of The District. Based upon evaluation and their performance on the Phase I, staff recommended continuing Jacobs Civil, Inc. services for Phases II, III, and IV of The District projects. The proposal and cost estimate submitted by Jacobs Civil, Inc. includes separate itemizations for construction oversight and inspection services. All personnel assigned to this project by Jacobs Civil, Inc. will be compensated on an hourly basis for providing these services. The number of person-hours proposed by Jacobs Civil, Inc. is reasonable for the complexity and magnitude of this project. It is recommended that the City Council approve the Amendment No. 1 to Consulting Services Agreement with Jacobs Civil, Inc. for construction oversight and inspection services on Phases II, III, and IV of The District Off-Site Backbone Infrastructure at Tustin Legacy. Tim D. Serlet Director of Public Works/City Engineer Doug Anderson Transportation and Development Services Manager Attachment: Amendm'ent No. 1 to Consultant Services Agreement S:\City Councilltems\2006 Councilltems\Approval of Amendment No.1 with Jacobs - The District.doc AMENDMENT NO.1 TO CONSULTANT SERVICES AGREEMENT THIS AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT ("Amendment No.1") is made and entered into this day of , 2006, 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 as of February 21, 2006, (the "Agreement") for construction oversight and inspection services for construction of Phase I of The District (Vestar/Kimco Tustin) Off-Site Backbone Infrastructure at Tustin; and WHEREAS, City and Consultant desire to amend Section 1 and Section 4 of the Agreement to include additional construction oversight and inspection services for construction of Phases II, III, and IV of The District (Vestar/Kimco Tustin) Off-Site Backbone Infrastructure at Tustin. 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 1. Scope of Consultant's Services, of the Agreement is hereby amended in its entirety to read as follows: Consultant shall perform all work necessary to complete in a manner satisfactory to City, the services set forth in Exhibit "A", Phase I of The District (Vestar/Kimco Tustin) Off-Site Backbone Infrastructure at Tustin Legacy in accordance with the terms and conditions of this Agreement. 1 Consultant shall perform all work necessary to complete in a manner satisfactory to City, the services set forth in Exhibit liB", Phases II, III, and IV of The District (Vestar/Kimco Tustin) Off-Site Backbone Infrastruture at Tustin Legacy in accordance with the terms and conditions of this Agreement. 2. 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 "A", Phase I of The District (Vestar/Kimco Tustin) Off-Site Backbone Infrastructure at Tustin Legacy, which shall not exceed a total cost of $1.746.377.00. B. The compensation to be paid under this Agreement shall be as set forth in Exhibit liB", Phases II, III, and IV of The District (Vestar/Kimco Tustin) Off-Site Backbone Infrastructure at Tustin Legacy, which shall not exceed a total cost of $814.000.00. C. Consultant shall submit detailed invoices, based upon the actual work performed, accompanied by backup documentation as requested by the City. D. 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. E. 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. F. 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. 3. Except as expressly amended herein, all other provisions of the Agreement remain in full force and effect. 2 IN WITNESS WHEREOF, this Amendment NO.1 was executed by the parties on the day and year written above. "CITY" CITY OF TUSTIN Doug Davert, Mayor ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM: Douglas C. Holland, City Attorney "CONSULTANT" JACOBS CIVIL, INC. Sherry Sweitzer, Vice President S:\CSA & RFP\2006\Amend # 1 CSA Jacobs,doc 3 5757 Plaza Drive, Suite 100 Cypress, California 90630 U.S.A. 1.714-503-3400 Fax 1.714-503-3999 EXHIBIT "B" To: City of Tustin 300 Centennial Way Tustin, CA 92780-8991 Date: October 19,2006 Attention: Mr. Douglas Anderson Project: Subject: City of Tustin, The District Bid Package Two, Three and Four Professional Services for Inspection and Oversight Proposal Dear Doug, Thank you for asking Jacobs to propose on professional services for Bid Packages Two, Three and Four. This is in response to your request for Jacobs to provide separate pricing for inspection and oversight professional services for Bid Packages 2 Barranca Road Improvements (Serna), Bid Package 3 Dry Utilities (Team Fischel) and Bid Package 4 Landscaping (TBD). In our earlier August 22, 2008 transmittal we listed inspection and oversight costs which were based on using a portion of our BP I initial budget. After discussions with Benny Tenkean we have based our proposed pricing on stand alone packages using the same basic inspection and oversight hourly costs with similar services provided for approximately 4% of the construction value of each package. The proposed estimates pending your approval for BP 2, 3 and 4 are as follows. Bid Package 02 Barranca Parkway (Serna) Oversight ' Inspection Subtotal $65,137.80 $425,862.20 $491,000.00 Bid Package 03 Dry Utilities (Team Fischel) Oversight Inspection Subtotal $18,610.80 $162,389.20 $181,000.00 Bid Package 04 Landscaping (tbd) Oversight Inspection Subtotal $9,631.60 $132,368.40 $142,000.00 Total for Bid Packages 2,3 and 4 $814,000.00 Jacobs Engineering Group Inc. Page 1 of 2 JACOBS The attached schedule lists the staffing and expected durations at this time for the three packages listed above. This work wilJ be billed on a time and material basis the same as we do for our base BP 01 contract. The BP 02 contract calls for 300 work days and NTP was issued on August 3, 2006. Completion is scheduled for May 30, 2007. Our attached staffing plan shows our work beginning in August 2006 and completing in September 2007. The BP 03 contract calls for 210 work days and NTP was issued on September 25,2006. Completion is scheduled for April 23, 2007. The attached staffing plan shows our work beginning in October 2006 and completing in December 2007. The BP 04 contract calls for 180 work days and NTP is expected to be issued November 6, 2006 with work completing May 5, 2007. The attached staffing plan shows our work beginning in October 2006 and completing in December 2007. We appreciate this opportunity to be of service to you and the City of Tustin. Please call me at 619-261-0687 if you have any questions or need anything further. Bill Zondorak Project Manager Enc1: BP 2, 3, 4 Cost Spreadsheet cc: :file, Matt Van Gorp, Benny Tenkean, Hank Alonso, Robert Turner Page 2 of2