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SR-11-27-2012-3I 913-001/414-006City Council Meeting: November 27, 2012 Agenda Item: 51 To: Mayor and City Council From: Martin Pastucha, Director of Public Works Subject: Contract Amendment for Geotechnical Testing Services for Civic Center Parks Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to Professional Services Agreement No. 9395 (CCS) in an amount not to exceed $86,460 with Koury Engineering & Testing, a California -based company, to provide additional geotechnical testing services for the Civic Center Parks (Palisades Garden Walk and Ken Genser Square Project). This will result in a new agreement in the amount of $155,030. Executive Summary On January 24, 2012, Council approved a Guaranteed Maximum Price Amendment to Design -Build Contract No. 9395 (CCS) in an amount not to exceed $47,014,773 (includes an approximate 5% contractor contingency, 10% owner contingency and allowances) with W. E. O'Neil Construction Company, for construction services of the Palisades Garden Walk and Ken Genser Square (named Ken Genser Square by Council on October 2, 2012). That contract included a total allowance of $5,126,248 for third -party contracts including geotechnical testing and inspection, deputy inspection, hazardous material monitoring and abatement, utility connections, and other project related costs. During project scoping for inspection services, the Design Build team prepared a preliminary schedule to identify the anticipated timeframes needed for various inspection services. Additional tasks not included on the preliminary schedule have been identified which will require additional geotechnical inspection and testing services. These tasks include: trench compaction testing for subsurface drainage, lighting, and irrigation; and compaction testing of planting topsoil, base aggregate under concrete sidewalks, and subgrade work in Main Street. It is anticipated that additional full -time or part-time geotechnical inspection and testing services will be required throughout the duration of construction at a cost of $86,460. 1 Background On June 28, 2011 Council approved Design -Build Contract No. 9395 (CCS) with W. E. O'Neil Construction Company (W. E. O'Neil) in the amount of $75,750, to provide preconstruction services for the Palisades Garden Walk and Ken Genser Square Project. On January 24 2012, Council approved a Guaranteed Maximum Price Amendment to Design -Build Contract No. 9395 (CCS) in an amount not to exceed $47,014,773 (includes an approximate 5% contractor contingency, 10% owner contingency and allowances) with W. E. O'Neil Construction Company, for construction services of the Palisades Garden Walk and Ken Genser Square. This resulted in a new contract in the amount of $47,090,523, which included a total allowance of $5,126,248 for third -party contracts including geotechnical testing and inspection, deputy inspection, hazardous material monitoring and abatement, utility connections, and other project related costs. Discussion During project scoping for inspection services, the Design Build team prepared a preliminary schedule to identify the anticipated timeframes needed for various inspection services. Grading operations requiring geotechnical inspection and testing were identified with an anticipated schedule of approximately 90 days. This information was used during the scoping of Koury Engineering & Testing's original contract. As the project schedule was revised and updated through the start of construction, it became clearer after construction began that the grading and earthwork operations would continue longer than identified in the initial schedule. This was based on additional work required due to site restrictions identified as the retaining walls were constructed. Additionally, tasks not included on the preliminary schedule were identified which would require geotechnical inspection and testing services. These tasks include: trench compaction testing for subsurface drainage, lighting, and irrigation; and compaction testing of planting topsoil, base aggregate under concrete sidewalks, and subgrade work in Main Street. It is anticipated that full -time or part-time geotechnical inspection and testing services will be required throughout the duration of construction. 2 Geotechnical inspections services are provided as needed during construction and paid for at an approved hourly rate which will remain consistent with the rate proposed in their initial bid. Consultant Selection On July 22, 2011, the City issued a Request for Qualifications (RFQ) for geotechnical inspection and testing, deputy inspection, and material testing services for various City projects. The RFQ was published in the Santa Monica Daily Press and posted on the City's online bidding website. A total of 21 firms responded to the RFQ. A selection committee comprised of Public Works staff reviewed the qualifications and developed a prequalification list of firms. In January 2012, four firms from the prequalified list were asked to provide proposals for geotechnical testing services for Palisades Garden Walk and Ken Genser Square. Upon reviewing the proposals and meeting with the firms, staff recommended Koury Engineering & Testing based on their proposal, competitive prices (hourly rates), experience, references, and qualifications of the proposed project inspection team. Subsequently, the City entered into Professional Services Agreement No. 9395 (CCS) with Koury Engineering & Testing for $68,570. Financial Impacts & Budget Actions The agreement modification to be awarded to Koury Engineering & Testing is $86,460, for an amended agreement total not to exceed $155,030. The January 24, 2012, Council- approved Guaranteed Maximum Price Amendment to Design -Build Contract No. 9395 (CCS) with W.E. O'Neil Construction Company included a total allowance of $5,126,248 for third -party contracts, of which the Koury Engineering & Testing agreement is one. Funds in the amount of $86,460 for the third -party contracts have already been encumbered in the FY 2012 -13 budget in account R01207117.589000. 9 The agreement modification amount ($86,460) will be unencumbered from account R012071.17.589000 and encumbered as a separate item in account R01207117.589600, under Design -Build Contract No. 9395 (CCS). Prepared by: Christopher Lamm, CIP Project Manager Approved: V'4�a - Martin Pastucha Director of Public Works 12 Forwarded to Council: Rod Gould City Manager Reference Amended Agreement No. 9395 (CCS).