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HomeMy WebLinkAbout1986-10-07; City Council; 8249-8; College Blvd. Assessment Districtr '0 w > 0 U a a a .. z 0 i= 0 4 2 0 z 3 0 0 BB# 9249 - WTG. 10/07/86 CHANGE ORDER NO. 1 AND ADDITIONAL TITLE: CONSULTANT FEE FOR THE COLLEGE BOULEVARD DEPT.MP I ASSESSMENT DISTRICT I CITY MGR.~ RECOMMENDED ACTION: Adopt Resolution No. gR,c?;7 approving Change Order No. 1 and an amendment to the agreement for construction management and assessment engineering services for the College Boulevard Assessment District. ITEM EXPLANATION: On June 24, 1986, the City Council awarded the contract for the College Boulevard Assessment District to Olson Construction Company. Subsequent to the award, no agreement could be reached between the contractor and the district property owners to grade approximately one million yards of offsite earthwork. Consequently, the Koll Company, one of the major property owners in the district, took over the contract as permitted by Section 20482 of the State Public Contract Law. The Koll Company will perform the additional offsite earthwork of an updated Engineer's estimate of approximately 859,000 cubic yards at a cost of $343,600 to the district. Additionally, the district will receive a credit in the amount of $340,000 for recalculations that were made in the original quantity of aggregate base material required for the project. The Koll Company has also requested a revised contract completion date of 352 working days in lieu of 215 days as a result of the additional earthwork. FISCAL IMPACT: In accordance with the awarded bid prices, the following is a summary of Change Order No. 1: Additional offsite earthwork 859,000 CY at $.40/CY = $343,600 Reduction in the quantity of aggregate base material 20,000 CY at $17/CY = 340,000 (credit) Net Change Order No. 1 $ 3,600 The contract time extension will increase the consultant's scope of work and fee from $100,300 to $165,640 for office administration and from $168,150 tp $274,930 for resident engineer/inspector. The amount of $71,820 for soils testing has not increased since it has been based on the number of tests required, not the amount of construction time. A fee in the amount of $19,000 is also required to pay for the additional consultant's assessment engineering services prior to construction. , Page Two of Agenda Bill No. 82qy-r Funds in the amount of $9,570,250 are available in the project account No. 300-820-1840-3188 to cover the costs of Change Order No. 1 in the amount of $3,600, the additional consultant fee of $272,420 for the consultant's office administration and project management and $19,000 for assessment engineering. EXHIBITS: 1. Change Order No. 1 2. Amendment to first Supplemental Agreement for assessment engineering. 3. Amendment to Agreement for construction management services. 4. Resolution No. FFJz approving Change Order No. 1 and an amendment to the agreement for construction management and assessment engineering services for the College Boulevard Assessment District. c *'. b' PART I - PROCEDURAL DOCUMENTS SECTION 11 CHANGE ORDER Order No. 1 Date Acrreement Date SGeet of Owner: Citv of Carlsbad Project: Assessment District 85-2, Schedule I & I1 Contractor: Koll/Hubbard, a Joint Venture The following changes are hereby made to the Contract Docu- ments: Item 1. EFFLUENT DISPOSAL PIPELINE \ a) Replace Drawing No. 268-lhheets 1, 2, 5, 6, 8, 9, 10, 12, and 15 of 16 sheets prepared by Fraser and Associates and entitled "Lake Calaveras Hills Effluent Dfsposal Pipeline" as last dated and approved by the City Engineer on February 24 , 1986 with attached Drawing No. 288-1 Sheets 1, 2, 5, 6, 8, 9, 10, 12 and 15 of 16 sheets prepared by Fraser and Associates and entitled "Lake Calaveras Hills Effluent Disposal Pipeline" as last revised on March 24, 1986. P b) Modify Section 3.11.12 to provide that price bid per linear foot for pipe and conduit in place shall also include full compensation for all changes resulting from (a) above. Item 2. SURPLUS UNCLASSIFIED FILL Delete Section 2-23 of the Specifications. Delete Section 300-2.6 of the'Green Book and replace with the following: .. 300-2.6 Surplus Material: Material excavated from within the right-of-way, which is not used for fill within the right-of-way, shall be disposed of in accordance with the approved plans for such grading. The grading plans for the fill sites shall be as approved by the City of Carlsbad. 1-11.1 3 Grading permits are required for any fill site outside of the street right-of-way and shall be secured by the owner of said fill site. The extent of grading on these plans will be modified by the Engineer as required to conform to the amount of material available. Material other- wise considered unsuitable for fill will be placed within the area of ownerships to be graded as directed by the Engineer. Payment for placement of this surplus material as specified above shall be made at the unit price bid for unclassified fill. No other payments for work at fill sites, except for unclassified fill, will be made under this contract. Item 3. QUANTITY CHANGES Bid Quantity Changes - The following changes in quantities of work to be performed by the Contractor are as follows: Bid Item No. Previous New Change & Description Quantity Quantity in Cost 2 Unclassified Fill 542,000 CY 1,401,000 CY $343,600 4 Untreated Base 54,900 CY 34,900 CY ($34G, 000) Net $ 3,600 Item 4. COMPLETION OF TIME Change time of completion for both Schedules I and I 352 working days. JUSTIFICATION Item 1. Item 2, Item 3. Item 4. I of the constructi from 215 working .on work days to Changes required due to conflict with various facilities, It is in the public interest and more economical to do certain work (placing and compacting surplus excavation from project) on private property than to adjust the work on public property. See justification for Item 2 above. Quantity of untreated base in error in bid schedule. Changes made for the mutual benefit of the owner and contractor. 1-11.2 A. ?- * I' .r CHANGE TO CONTRACT PRICE Schedule I Schedule I1 Original Contract Price $6,801,836.21 $ 255,200.00 Current Contract Price adjusted by Previous Change Order (s) $ 0.00 $ 0.00 Contract Price by this Change Order will be increased or (decreased) 1. Effluent Disposal Pipeline $ 0.00 $ 0.00 2. Surplus Unclassified Fill $ 0.00 $ 0.00 3. Quantity Changes $ 3,600.00 $ 0.00 New Contract Price including this Change Order $6,805,436.21 $ 255,200.00 CHANGE TO CONTRACT TIME Contract Time will be increased or (decreased) Date for Completion of all Work See Item No. 4 (Calendar Days) (Calendar Days) -- -- (Date) (Date) APPROVALS REQUIRED To be effective, this Order must be approved by the Federal Agency if it changes the scope or objective of the Project, or as may otherwise be required by the Supplemental ,General Conditions. Requested by: Recommended by : Q' Meste, Bruqin & Stone Inc. Accepted by: Accepted by: Date Date %,/a 1-11.3 L AMENDMENT TO 1ST SUPPLEMENTAL AGREEMENT TO AGREEMENT FOR ASSESSMENT ENGINEERING SERVICES DATED MARCH 13, 1985 (MASTER AGREEMENT) THIS AMENDMENT TO THE 1ST SUPPLEMENTAL AGREEMENT to the above-described agreement as approved by the City Council of the City of Carlsbad on March 19, 1985, hereinafter referred to as "Master Agreement," is made and entered into as of the /de day of &e , 1986, by and between CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City" and N3S/LOWRY INCORPORATED (formerly Neste, Brudin & Stone Incorporated) , hereinafter referred to - as "Consultant. RECLTALS The City has contracted for the services of an assessment engineering consultant to assist in processing an assessment district referred to as the College Boulevard Assessment District; and The Consultant has performed these services and during the performance of said services performed additional work or services beyond the normal scope of work as defined in said 1st Supplemental Agreement. The extent of the additional services is set forth in Exhibit "A" attached and made a part hereof. -1- NOW, THEREFORE, City and Consultant mutually agree to supple- ment the above-referenced- 1st Supplemental Agreement as follows: FEES TO BE PAID TO CONSULTANT The lump sum fee set forth in Section 4 of said 1st Supplemental Agreement shall be increased from Forty-Five Thousand Dollars ($45,000) to Sixty-Four Thousand Dollars ($64,000). All work under the 1st Supplemental Agreement and this amendment has been completed. IN WITNESS WHEREOF, this Amendment to the 1st Supplement to Agreement dated March 13, 1985, has been executed by the parties through their duly authorized representatives as of the date first hereinabove written. NBS/LOWRY INCORPORATED -- . Mayor By : p GU / Title: @, L*, P-- -.- /- ATTESTED : -2- EXHIBIT "A" AMENDMENT TO 1ST SUPPLEMENTAL AGREEMENT FOR ASSESSMENT ENGINEERING SERVICES TO 1. Review of Plans and Development of Specifications - Contract plans were prepared by five independent consultants to the major property owners. Many conflicts existed between the drawings. These conflicts had to be resolved and in addition biddable work items needed to be identified and conflicts between the general notes on the p&s and the provisions of the green book specifications resolved. This required many additional days of staff time. 2. Election of Owners to Take Over the Construction Contract - This is a rare happening. Negotiations between property owners, low bidder and ultimate construction contractor were long and resulted in a duplication of work in many areas. These negotiations continued for nearly three months, all resulting in the award of the construction contract within the bid constraints. A- 1 AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES CONSTRUCTION MANAGEMENT ASSESSMENT DISTRICT 85-2 COLLEGE BOULEVARD THIS AMENDMENT TO AGREEMENT, made and entered into as of , 19& , by and between the /&+e day of dw the CITY OF CARLSBAD, a municipal corporation, hereinafter - referred to as "City, 'I and NBS/LOWRY INCORPORATED (formerly Neste, Brudin & Stone Incorporated) , hereinafter referred to as "Consultant. RECITALS City has required the services of Consultant to provide the necessary prqject coordination, construction management, inspection, soils engineering, and related engineering services for the construction of improvements to College Boulevard; and After execution of the referenced agreement for Engineering Services, the construction contractor was granted an extension of time to complete the works of improvement from 215 working days to 352 working days. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Consultant agree to amended said agreement as follows: -1- 1. Replace Section 6 entitled "PAYMENTS TO THE ENGINEER" with the following: 6. PAYMENTS TO THE ENGINEER This Agreement is a "Cost Reimbursement Contract". Compensation for services of the Consultant shall be based upon an estimated cost for cost reimbursement which may be exceeded; but no reimbursement will be made if said cost is exceeded without formally amending this Agreement. The fixed dollar profit (fixed fee) shall not be increased except in case of an amendment to this Agreement which increases the scope of the Consultant's service or work. The Consultant shall be reimbursed for direct and indirect costs. The following table contains the Consultant's indirect costs as percentages of direct salary, for the current fiscal year as budgeted: Description Indirect Cost Construction Management (Field) 130% Construction Management (Office) 160% The City shall pay the Consultant for services described under Section 2, Administration of Construc- tion Contracts, as follows: Cost Reimbursement Estimate 144,040 Fixed Fee 21,600 165,640 TOTAL -2- The City shall pay the Consultant for services described under Section 2, Resident Project Representa- tion, as follows: Cost Reimbursement Estimate Fixed Fee TOTAL 239,070 35.860 274,930 The City shall reimburse the Consultant for the Consultant's actual direct salary and for indirect costs. The City shall also reimburse the Consultant for all other direct costs, such as vehicles, reproduction, and other expenses directly related to the performance of services under this Agreement and paid by the Consultant. All such reimbursable costs are included in the cost reimbursement estimate amounts, and the Consultant shall not exceed these amounts without a formal amendment to this Agreement. The Consultant's fixed dollar profit shall not be increased except in the case of an amendment to this Agreement which increases the scope of the Consultant's services or work. The Consultant's overhead percentage rates contained in the schedule set forth above are agreed upon as final rates. The City shall pay the Consultant for services described under Section 2, Geotechnical Services and Material Testing, according to the schedule of hourly billing rates of San Diego Geotechnical Consultants, Incorporated attached hereto as Exhibit "A" . The -3- estimated total payment for geotechnical services and material testing is as -follows: Observation & Testing of Engineering & Geology Field Meeting & Consultation Compacted Fills Observations Report Preparation & Administration Laboratory Testing Reimburseable Expenses, Mileage Reproduction, etc. NBS Processing charge (8%) $40,000 10 , 000 1 , 500 5 , 000 5,000 5,000 $66 , 500 5 , 320 $71 , 820 The hourly billing rates for geotechnical services and material testing include profit and no additional fixed fee shall be paid to Geotechnical Consultants. The Consultant shall be reimbursed for the expenses of filing fees and fees advanced by the Consultant including geotechnical services, material testing, special consultants and purchased services as authorized by the City, the actual cost thereof plus eight percent (8%). The Consultant shall provide periodic updates to the City as to the Consultant's projection of estimated costs for professional services. The Consultant shall maintain time records, accounting records, and vouchers with regard to all services performed on an hourly basis, and the City -4- shall have the right to examine such records and the Consultant s records of all cost items incurred or charged in connection with the Project. This Agreement contemplates that all services described herein will be completed one year after the begining of the construction. Any services performed after this date may require adjustments in Payment to the Consultant. The reimbursable costs and fixed dollar profit are based upon cost or price summary forms attached hereto for reference as Exhibit "B" (Revised). The Consultant shall be paid by the City for the performance of services hereunder on a monthly basis according to actual time and materials expended on each item plus a percentage of the fixed fee in proportion to the services performed; percentage of the work completed; or the time and materials expended on the work or other methods specified in this section. 2. All other terms and conditions of said agreement shall remain in full force and effect. -5- IN WITNESS WHEREOF, we have hereunto set our hands and seals. ATTESTED : -6- EXHIBIT A SAN DIEGO GEOTECHNICAL CONSULTANTS, INC. SOIL ENGINEERING 8 ENGINEERING GEOLOGY SCHEDULE OF FEES JANUARY 1,1985 ENGINEERING AND GEOLOGIC SERVICES Staff Engineer or Geologist Senior Engineer or Geologist Project Engineer or Geologist Principal Technician (Field or Laboratory) Senior Technician (Field or Laboratory) Supervising Technician (Field or Laboratory) Geotechnical Aide Engineering Assistant Draftsman Word Processing Secretarial Services Pick-Up and Delivery SPECIAL EOUIPMENT Field Vehicle (per vehicle; portal to portal) Portable Refraction Seismograph Nuclear Density Gauge Inclinometer Computer Time Field Groundwater Test Kit Field Soil Laboratory $48.00 Per Hour $60.00 Per Hour $68.00 Per Hour $80.00 Per Hour $36.00 Per Hour $40.00 Per Hour $43.00 Per Hour $32.00 Per Hour $39.00 Per Hour $35.00 Per Hour $30.00 Per Hour $20.00 Per Hour $20.00 Per Hour $ 4.00 Per Hour $40.00 Per Hour $1 0.00 Per Hour $1 5.00 Per Hour $30.00 Per Hour By Arrangement By Arrangement REIMBURSABLE EXPENSES r- Outside charges performed by others and direct costs expended on the client's behalf are charged at cost plus 20 percent. These expenses include rental of drill rigs, bulldozers, backhoes, travel and subsistence, permits, reproduction costs, etc. OTHER CHARGES The minimum charge for field inspection will be two hours. Overtime for technical and clerical staff will be charged at 1.5 times the hourly rate. Work performed on Sundays and Holidays will be charged at two times hourly rate. TRAVEL TIME Travel time required to provide professional or technical services will be charged at the appropriate hourly rates. TERMS OF PAYMENT Invoices rendered for professional services are due upon presentation, A service charge of I .5 peicent per month may be charged on accounts not paid within 30 days to cover additional processing and carrying costs. Any attorney's fees or other costs incurred in collecting any delinquent account will be paid by client. PREPAYMENTS a. Aretainer of 50 percent of the total fee is requiredfor proiectswith a total feeof $l.OOO.OOorless.The balance of the fee b. For all field studies. 30 percent of the authorized fee will be invoiced immediately on authorization to cover equipment must be paid at the time the report is released to the Client. and mobilization costs. BILLING Billings should be provided periodically and will be classified by fee categories set forth above. TESTING - See Table 1 6455 NANCY RIDGE DRIVE SUITE 200 SAN DIEGO, CALIFORNIA92121 (619) 587-0250 , I. TABLE 1 LABORATORY TESTING Maximum Density/Optimum Moisture Particle Size Analysis Soil Reactivity Tests 'R'-value Tests Concrete Compression Tests EXHIBIT A, continued $lOO.OO/test 72.00/test 50.OO/set 144.00/test 29.OO/set ~ ~~ - CO;T OR PRICE SUMMARY . - I Construction Management - Office-- 4/1/86 - 12/17/87 PART 11-COST SUMMARY ............ ............ ............ ............ ............ ............ ............ I. TOTAL PUlCE - -_ ~- EXHIBIT B 1 t (Revised) I I I: CLIENT: City of Carlsbad Assessment District 85-2, College Boulevard I. TYPE Of SESVICE TO BE FURNISHED 2. i E68-015.009/013 4. DAlL OF WORK, CO;T OR PRICE SUMMARY . -- - EXHIBIT B, continued L'C~IENT: City of Carlsbad Assessment District 85-2, College Boulevard 1. TYPE Of SESVICE TOBE FURNISHED Resident Engineer & Inspection _- 2. E68-015.009/013 4. DATE OF WORK. 4/1/86 - 12/17/87 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8832 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CHANGE ORDER NO. 1 AND ADDITIONAL CONSULTANT FEE FOR THE COLLEGE BOULEVARD ASSESSMENT DISTRICT, PROJECT NO. 3188 WHEREAS, the Koll Company will perform 859,000 cubic yards of offsite grading and earthwork in the amount of $343,600 necessary for the College Boulevard construction; and WHEREAS, a reduction in the quantity of aggregate base material is required; and WHEREAS, an amendment to the Consultant's Agreement for construction management and assessment engineering services is required; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That Change Order No. 1 in the amount of $3,600 to cover the cost of additional grading is hereby approved. /// /// /// /// /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the amendment to the consultant agreement for project management and assessment engineering services for College Boulevard is hereby approved. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 7th day of October 9 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Chick and Pettine NOES: None ABSENT : Council Member Kulchin wh&7 i. e& ATTEST: ALETHA L. RAUTEN (SEAL) MARY &. CASLER, Mayor 1 2 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 limits according to proof at the time of trial; 3. For punitive damages against defendants and each of them (except defendant CITY) as to plaintiff's first, second, third and fourth causes of action in a sum within jusridictional limits according to proof at the time of trial; 4. For attorney's fees against defendants and each of them (except defendant CITY) as to plaintiff's fourth cause of act ion : 5. For all costs incurred herein as a result of this act ion ; 6. For such other and further relief as the court may deem just and proper. Dated: October 6, 1986 FLETCHER & PATTON By : &&. -9-