SR-06-25-2013-3N - 414-006/913-001City Council Meeting: June 25, 2013
Agenda Item:
To: Mayor and City Council
From: Martin Pastucha, Director of Public Works
Subject: Professional Services Agreement Modifications for Testing and Inspection
Services for Tongva Park and Ken Genser Square
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a second modification to
Professional Services Agreement No. 9395 (CCS) in an amount not to exceed
$44,396 (includes a 10% contingency) with Koury Engineering & Testing, a
California -based company, to provide additional geotechnical testing services for
Tongva Park and Ken Genser Square. This would result in an amended
agreement with a new total amount not to exceed $199,436.
2. Authorize the City Manager to negotiate and execute a first modification to
Professional Services Agreement No. 9395 (CCS) in an amount not to exceed
$86,757 (includes a 10% contingency) with Smith Emery Company, a California -
based company, to provide additional deputy inspection services for Tongva Park
and Ken Genser Square. This would result in an amended agreement with a
new total amount not to exceed $199,969.
3. Approve the budget changes as outlined in the Financial Impacts and Budget
Actions section of this report.
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, 3% owner contingency and
allowances) with W. E. O'Neil Construction Company, for construction services for
Tongva Park and Ken Genser Square. The 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. Additional geotechnical and deputy inspection services
are necessary due to revised construction sequencing and unforeseen conditions which
include: welding inspection for railings and screen walls, additional concrete rebar and
footing inspections for planter walls, and night time inspections. Koury Engineering &
Testing would provide additional geotechnical testing services at a cost of $44,396.
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Smith Emery Company would provide additional deputy inspection services at a cost of
$86,757.
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 Tongva Park 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 with
W.E. O'Neil Construction Company for construction of Tongva Park and Ken Genser
Square, 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.
Consultant Selection for Geotechnical Testing Services
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 Tongva Park 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.
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On November 27, 2012, Council approved a first modification to Koury Engineering and
Testing, Contract No. 9395 (CCS) in an amount not to exceed $86,460, for a total
contract value of $155,030
Consultant Selection for Deputy Inspection Services
In January 2012, four firms from the prequalified list were asked to provide proposals for
deputy inspection services. Upon reviewing the proposals and meeting with the firms,
staff recommended Smith Emery Company based on their proposal, competitive prices
(hourly rates), experience, references, and qualifications of the proposed project
inspection team.
On April 24, 2012, Council approved award of Professional Services Agreement to
Smith Emery Company, Contract No. 9395 (CCS) in an amount not to exceed
$113,212.
Discussion
During project scoping for geotechnical inspection services, the Design Build team
prepared a preliminary schedule to identify the anticipated timeframes needed for
various inspection services. 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 clear that the grading and
earthwork operations would continue longer than identified in the initial schedule.
Additionally, added scope necessitated the execution of a first modification. Negotiated
in the first amendment, part -time inspection would be provided as allowable to reduce
costs; however, during construction it was discovered that full time inspection services
are required in order to keep construction on schedule. Additionally, rain days have
required additional geotechnical inspections to determine when work could continue on-
site. 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. It is anticipated that additional full -time geotechnical
inspection and testing services will be required throughout the duration of construction
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at an additional cost of $44,396 (includes a 10% contingency)
During project scoping for deputy inspection services, the Design Build team prepared a
preliminary schedule to identify the anticipated timeframes needed for various
inspection services. This information was used during the scoping of Smith Emery
Company's original contract. As the project schedule was revised and updated through
the start of construction, it became clear after construction began that the retaining wall
construction would last longer than identified in the initial schedule. Additional scope
was added including: new planter walls at Ken Genser Square, railing and screen wall
welding inspections, and nighttime inspection for construction of overlook one on Ocean
Avenue. Deputy 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. 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 $86,757 (includes a 10% contingency).
Financial Impacts & Budget Actions
The agreement modification to be awarded to Koury Engineering & Testing is $44,396
(includes a 10% contingency), for an amended agreement total not to exceed $199,436.
The agreement modification to be awarded to Smith Emery Company is $86,757
(includes a 10% contingency), for an amended agreement total not to exceed $199,969.
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 including the Koury
Engineering & Testing and Smith Emery Company agreements. Funds in the amount of
$44,396 and $86,757 for the third -party contracts have already been encumbered in the
FY 2012 -13 budget in account R01207117.589000.
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The agreement modification amount ($131,153) will be unencumbered from account
R01207117.589000 and encumbered in account R01207117.589600, under Design-
Build Contract No. 9395 (CCS).
Prepared by: Christopher Lamm, CIP Project Manager
Approved:
Forwarded to Council:
Martin Pastucha Rod Gould
Director of Public Works City Manager
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Reference:
Agreement No. 9395
(CCS)