CC SR 20170606 I - Residential Street Rehab Area 7RANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 06/06/2017
AGENDA HEADING: Consent Calendar
Consideration and possible action to increase the contract amount and modify the
scope of work to an existing design contract with Sunbeam Consulting for the design of
the Residential Streets Rehabilitation Project Cycle 1, Year 7, Area 7 to include the
northern portion of Crest Road East and add construction oversight services for all of
Area 7.
RECOMMENDED COUNCIL ACTION:
(1) Authorize an increase of $150,245.80 to the contract for the FY16-17 design for
the residential street rehabilitation project with Sunbeam Consulting with a not -to -
exceed total contract amount of $429,358.30 to include Crest Road East design
and construction oversight services.
FISCAL IMPACT: Funding for the project is included in the Street Improvements
Program of the FY16-17 CIP budget.
Amount Budgeted: $4,017,500
Additional Appropriation: N/A
Account Number(s): 330-400-8031-8802 .'
ORIGINATED BY: Natalie Chan, PE, Associate Engineer
REVIEWED BY: Terry Rodrigue, PE, Director of Public Works
APPROVED BY: Doug Willmore, City Manager'
ATTACHED SUPPORTING DOCUMENTS:
A. Proposed Amendment Number 1 to Sunbeam Contract (page A-1)
B. Project Location Map and portion of Crest Road East to be added (page B-1)
BACKGROUND AND DISCUSSION:
This year's project design budget is being used to design a roadway maintenance
project in Area 7 (p. B-1 of Attachment B). Proposed improvements to be designed,
include asphalt concrete overlay, slurry seal, asphalt patching, crack sealing, sidewalk
repairs, curb and gutter repairs, Americans with Disabilities Act (ADA) ramp installation,
and upgraded signage and roadway striping. A Professional Services Agreement to
accomplish this design work was approved by the City Council on September 6, 2016,
and is nearing completion.
1
Public Works recommends amending the design contract to include the northern portion
of Crest Road East (p. A-2 of Attachment B) into the design as this area of Crest Road
has not been maintained for some time and it can be efficiently incorporated into the
current design work for Area 7.
Furthermore, the City should enjoy more favorable construction bids by incorporating
this smaller local roadway segment into the planned summer 2017 Area 7 rehabilitation
project. Lower unit prices for construction, savings with mobilization/demobilization, and
savings in project management by Staff are anticipated and economies of scale are
likely to be realized. If this section of roadway were to be designed as a stand-alone
project, the total design and construction cost of this segment of Crest Road East is
estimated at about $300,000. The construction phase of Crest Road East alone would
cost approximately $160,000. Adding this segment to the Area 7 Residential
Rehabilitation Program is estimated to increase the Area 7 project construction costs by
only $50,000.
The table below summarizes the cost of this proposed amendment, as related to
programmed FY16-17 expenditures:
FY16-17 REVENUE
Street Improvement budget
$4,017,500.00
CONSTRUCTION COSTS
Construction Costs for FY16-17 roadway
rehabilitation work
$2,949,370.50
Design (Sunbeam)
$279,112.50
Additional Design of Crest Rd (Recommended)
$150,245.80
Subtotal Design
$429,358.30
Amount available for other rehabilitation
expenditures
$638,772.00
TOTAL EXPENDITURES
$4,017,500.00
The attached contract amendment for the change in scope (Attachment A) includes:
design services for the northern portion of Crest Road East, inspection services, and
material testing and laboratory sampling. Completion of the design and ultimately the
construction of this project will help to maintain the City's roadways' rating of "good to
very good" condition, per the latest Pavement Management Report.
Because the added construction oversight services will not be completed until the
construction of Area 7 is completed, the term of the contract is also extended by one
year.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council's consideration:
2
Direct Public Works to propose the design and resurfacing of Crest Road
East as a separate project.
Discuss and provide alternative directions.
9
AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES
("Amendment") by and between the CITY OF RANCHO PALOS VERDES ("City") and
SUNBEAM CONSULTING ("Consultant") is effective as of the day of , 2017.
RECITALS
A. City and Consultant entered into that certain Agreement for Professional Services
dated September 6, 2016 ( "Agreement") whereby Consultant agreed to provide Professional
Engineering Design Services for the Residential Streets Rehabilitation Project, Area 7.
B. The City now desires to expand the scope of work to add the residential roads in the
northern portion of Crest Road East, from approximately 400 feet north of Ganado Road to the
northerly City limit, to Area 7 of the Residential Streets Rehabilitation Project. Including this area of
Crest Road East in Area 7 will make the underlying construction of Area 7 more cost-efficient.
C. The City and Consultant also now desire to expand the scope of work to add
construction oversight services for the construction of Residential Streets Rehabilitation Project,
Area 7, and also add construction materials testing services.
D. City and Consultant now desire to amend the Agreement to increase the Contract Sum
to $429,358.30 to incorporate the expanded scope of work described above, and to extend the term
of the Agreement by one year.
TERMS
I. Contract Changes. The Agreement is amended as provided herein.
A. Section 1.2 "Consultant's Proposal" is hereby amended to read, in its
entirety, as follows (deleted text is indicated in stfikethrough, added text in
bold and italics):
"The Scope of Services shall include the Consultant's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern. This section shall include the expanded proposal submitted by Consultant for
additional services dated January 16, 2017."
B. Section 2.1 "Contract Sum" is hereby amended to read, in its entirety, as
follows (deleted text is indicated in stfikethfough, added text in bold and
italics):
"Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation, including reimbursement for actual
A-1
expenses, shall not exceed Two Hundred and Seven-ty Nine Thousand One Ntmdr-ed and Twelve
Dollars Fi fly Cents -($279,112.50) Four Hundred Twenty Nine Thousand, Three Hundred
Fifty Eight Dollars and Thirty Cents ($429,358.30) (the "Contract Sum"), unless additional
compensation is approved pursuant to Section 1.8."
C. Section 3.4 "Term" is hereby amended to read, in its entirety, as follows
(deleted text is indicated in stfikethfo g , added text in bold and italics):
"Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one (1) two
(2) years from the date hereof, except as otherwise provided in the Schedule of Performance(
Exhibit" D")."
D. Exhibit A "Scope of Work" is amended to include Exhibit A-1 "Scope of
Work—Additional Services", which is attached as Exhibit "1" to this
Amendment.
E. Section IV of Exhibit C "Schedule of Compensation" is hereby amended to
read, in its entirety, as follows (deleted text is indicated in strilethfough,
added text in bold and italics):
"The total compensation for the Services shall not exceed $279,112.50 $429,358.30, as
provided in Section 2.1 of this Agreement."
F. Exhibit C "Schedule of Compensation" is hereby amended to include Exhibit
C-1 "Schedule of Compensation—Additional Services", which is attached as
Exhibit "2" to this Amendment.
G. Exhibit D "Schedule of Performance" is hereby amended to include Exhibit
D-1 "Schedule of Performance—Additional Services", which is attached as
Exhibit "3" to this Amendment.
2. Continuing Effect of Agreement. Except as amended by this Agreement, all
provisions of the Agreement shall remain unchanged and in full force and effect. From and after the
date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean
the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been no
written or oral modifications to the Agreement other than as provided herein. Each party represents
and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not
in default of any material term of the Agreement and that there have been no events that, with the
passing of time or the giving of notice, or both, would constitute a material default under the
Agreement.
01203.0006/360726.7 -2-
A-2
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant
is not in default of any material term of the Agreement and that there have been no events that, with
the passing of time or the giving of notice, or both, would constitute a material default under the
Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and
deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is
formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does
not violate any provision of any other Agreement to which said party is bound.
01203.0006/360726.7
[SIGNATURES ON FOLLOWING PAGE]
-3-
A-3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and
year first -above written.
ATTEST:
, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Dave Aleshire, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
, Mayor
CONSULTANT:
SUNBEAM CONSULTING
By:
Name:
Title:
By:
Name:
Title:
Address: 1817 Josie Avenue
Long Beach, CA 90815
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
01203.0006/360726.7
51
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
On
Date
personally appeared
before me,
Here Insert Name and Title of Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY
under the laws of the State of California
that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature of Notary Public
Place Notary Seal Above
A-5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
On
Date
personally appeared
before me,
Here Insert Name and Title of Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY
under the laws of the State of California
that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature of Notary Public
Place Notary Seal Above
w o
EXHIBIT 1
EXHIBIT 66A-1"
SCOPE OF WORK—ADDITIONAL SERVICES
I. Consultant shall perform the following tasks:
A. Additional Design Services for Crest Road East:
Consultant will provide the engineering design services and tangible work products
described as Tasks 1 & 2 in Exhibit "A" of this Agreement, as well as the Survey Monument
Investigation and Restoration services described as Task 3 in Exhibit "A" of this Agreement,
for the residential streets in the northern portion of Crest Road East, from approximately 400
feet north of Ganado Road to the northerly City limit. The northern portion of Crest Road
East, from approximately 400 feet north of Ganado Road to the northerly City limit, shall be
included in the Residential Streets Rehabilitation Project, Area 7.
B. Construction Oversight Services:
Consultant shall provide construction oversight services for the construction of the
Residential Streets Rehabilitation Project, Area 7. Consultant will provide an experienced
construction technician to oversee the performance and quality issues of the construction
general consultant, construction inspector, and coordinate with the testing laboratory for
testing and validation of materials during construction. It is the responsibility of Consultant
to ensure compliance with the schedule to be established by the City and the contractor hired
by the City for the construction of the Residential Streets Rehabilitation Project, Area 7 or to
advise City of any developments which will prevent compliance with the schedule.
The technician shall work an average of 5 hours per day for 90 working days during
construction activities.
In conjunction with these construction oversight services, the Consultant will provide the
following tangible work products to the City:
1. Copies of correspondence to the Consultant, Inspector, and City.
C. Materials Testing Services:
Consultant shall provide Materials Testing Services for the construction of the Residential
Streets Rehabilitation Project, Area 7. Consultant will provide for a construction material
testing laboratory to observe, sample, test, and certify that materials incorporated into
construction meet specification requirements.
In conjunction with these materials testing services, the Consultant will provide the
following tangible work products to the City:
A-7
Site reports, including pertinent site data, photographs, materials, location,
consultant, and work being performed.
Laboratory test results and statements of conformance/non-conformance.
•
EXHIBIT 2
EXHIBIT 6(.0-1"
SCHEDULE OF COMPENSATION—ADDITIONAL SERVICES
I. Consultant shall perform the following Services, which are described in Exhibit "A-1" of
this Agreement, at the following rates:
Item
Amount
1. Plans, Specifications and Estimate for AC and PCC pavement
repairs and improvements for CREST ROAD:
lA. Preliminary Draft Submittal
$
1,275 -DO
113. Final Submittal, with Engineers stamp and signature
$
550 -DO
1C. Attend Preconstruction Meeting
20,000.00
-
1D. Construction .Support
$
240.00
1E. As -Built Plans
S
120.00
Subtotal
2. Plans, Specifications and Estimate for Pavement Rehabilitation
Improvements, Striping, Sign Replacement and Installation
Improvements for CREST ROAD:
2,4. Preliminary Draft Submittal S
213. Final Submittal, with Engineers stamp and signature S
2C. Attend Preconstruction Meeting S
2D. Construction Support S
2E. As -Built Plans S
Subtotal
3. Survey Monument Investigation and Restoration for CREST
ROAD:
3A. Research and Preparation $
3B. pre -construction Survey Monument Investigation, Tie -outs,
and File Maps with City and County; Traffic Control
3C. Post -construction Surrey Monument Investigation, Tie -
outs, and File Maps with City and County; Traffic Control S
Subtotal
Construction Oversight during construction of Area 7:
4. 5 hours/day for 90 working days @ $122/hour
Allowance far Material Testing Services:
5. Material Testing Services (incl. 10% overhead cost)
TOTAL
2_250.00
1,.275.00
240.00
120.00
$ 2,185.00
$ 3,885.00
8,338 -DO
48, 037.00
12, 900.60
$
69,275.80
$
54,900.00
$
20,000.00
$
150.246.80
�� e,
Each item in lA-IE and 2A -2E shall be payable in a lump sum upon the completion of the item.
The determination of whether an item is complete will be in the sole discretion of the City.
Items 3B and 3C shall be payable by percentage completed.
A-10
EXHIBIT 3
EXHIBIT 6(D-1"
SCHEDULE OF PERFORMANCE—ADDITIONAL SERVICES
I. Consultant shall perform the Services described in Exhibit "A-1" of this Agreement
in accordance with the following schedule:
A. Consultant shall perform the engineering design review services for the northern
portion of Crest Road East (described in Exhibit A-I(I)(A)) within 60 days of the
execution of Amendment No. 1 to this Agreement.
B. Consultant shall perform the construction oversight (described in Exhibit A-
I (I)(B)) and construction materials testing services (described in Exhibit A-
1(I)(C) in accordance with the schedule developed by the City and the contractor
to be retained by the City for the construction of the Residential Streets
Rehabilitation Project, Area 7.
A-11
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PORTION OF CREST ROAD TO BE ADDED
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