HomeMy WebLinkAbout1986-10-07; City Council; 8249-8; College Blvd. Assessment Districtr
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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.
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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.
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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
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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.
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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:
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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.
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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.
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A.
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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
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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.
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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
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Mayor By : p GU
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Title: @, L*, P-- -.-
/- ATTESTED :
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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
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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:
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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
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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
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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
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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.
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IN WITNESS WHEREOF, we have hereunto set our hands and
seals.
ATTESTED :
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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
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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
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I. TOTAL PUlCE - -_
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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
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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.
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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
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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 : &&.
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