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RPVCCA_CC_SR_2014_05_06_J_KOA_Amendment_ContractCrTYOF RANCHO PALOS VERDES MEMORANDUM TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: MICHAEL THRONE, DIRECTOR OF PUBLIC WORKS Ub DATE: MAY 6, 2014 SUBJECT: AMEND THE CONTRACT WITH KOA CORPORATION FOR CONSTRUCTION MANAGEMENT SERVICES - SAN RAMON CANYON FLOOD REDUCTION PROJECT REVIEWED: CAROLYNN PETRU, ACTING CITY MANAGE~ Project Manager: Andy Winje, Associate Engineer RECOMMENDATION Approve an increase to the contract awarded to KOA Corporation in the amount of $24,000 for potential changes in construction management scope and $86,000 for contractor-reimbursements with a not-to-exceed total of $110,000, for Construction Management services in relation to the San Ramon Canyon Flood Reduction Project. BACKGROUND City Council awarded KOA Corporation a $640,840 professional services contract on March 5, 2013 to perform construction management (including inspection) for the San Ramon Canyon Stormwater Flood Reduction Project. KOA employees function as the day to day on-site managers and inspectors on behalf of the City. The contract amendment is required to allow KOA to continue to serve as the City's on-site representation until the project is complete and for new work that has been proposed but not yet authorized. DISCUSSION There are several issues that contribute to the need for the contract amendment. These reasons are detailed in the letter dated April 23, 2014 from KOA and included as an attachment. A discussion of the reasons is outlined in the following paragraphs. 1. The San Ramon Canyon project is actually under budget, even though complications encountered during construction have required additional time. J-1 KOA Professional Services Agreement Increase May 6, 2014 Page 2of3 The schedule challenges were due primarily to difficulties with the tunneling operation. Productions rates estimated by the contractor were simply not attained. While this was occurring, the contractor was permitted to work extended hours in order to make up time. Working extended hours required KOA inspectors to remain on site, earning overtime. Per the construction contract, the overtime costs are to be borne by the contractor. The $26,850 of additional costs incurred for the overtime have been charged back against the contractor's invoices and so there is no significant net increase in cost to the City, only an increase of payments to KOA and a reciprocal reduction in payments to the contractor. The City will be reimbursed $26,000 for this item. 2. The second issue is due to the project running beyond the number of days allowed for construction. KOA will need to remain on site until the project is finished. The $25,000 of additional costs to the City for their services beyond the contract end date will similarly be borne by the contractor through chargebacks against his future invoices. This will also result in no net cost to the City, and as per the contract provisions, reimbursement is at a higher rate, and will total $60,000. The total amount to be reimbursed to the City by the contractor is $86,000. This amount, which is passed through the KOA contract requires a contract amendment. 3. An unanticipated increase in work that KOA has already performed related to the value added change order process, which reduced the City's overall construction contract obligation, resulted in an additional contract cost of $28,000. 4. There is a potential change in construction management scope that staff is considering adding to the contract to take advantage of project savings and the potential for grant reimbursement. These changes include: a. Rehabilitation of a portion of PVDE. It is apparent that hauling fill material for the canyon up PVDE damaged the roadway. This was not anticipated at the time of bidding and no provision was made for its repair. Provision was made for hauling via the roads in the PV Shores mobile home park but it appears rehabilitation efforts there will require less effort than earlier thought. KOA will require a net increase in time to manage construction along PVDE, an arterial roadway, than would have been required in the mobile home park because of the extra public traffic demands and the more complex repair requirements. The additional construction cost will be mitigated by the project savings already achieved. The additional KOA cost to perform this work, if approved by the City, is $11,000. b. Storm drain rehabilitation along the switchbacks. Extra time may also be needed to manage rehabilitation of additional pipes along the switchbacks that are not currently in the San Ramon project scope. Rehabilitation of these pipes are programmed in the Water Quality Flood Protection (WQFP) program but it is good practice to include them now, prior to J-2 KOA Professional Services Agreement Increase May6, 2014 Page 3of3 rehabilitation of PVDE. Funding is available in the WQFP if the State decides this work is not compatible with the grant. A construction contingency of $1.5 million has already been authorized by City Council if costs for these pipes exceed the remainder of project savings. The additional KOA cost is $14,000 (or $9,000 plus $5,150 shown on Attachment). c. A small contingency amount of $5, 150 is also recommended. d. The total cost of this work (4a. through 4c.) is $30, 150. Because of the $86,000 reimbursement from the Contractor to the City, the net City cost is $24,000. The City's purchasing ordinance requires an amendment to the KOA agreement in the amount not to exceed $110,000. KOA will continue to be paid only for work they perform in accordance with the existing contract terms. Of the $110,000, $86,000 is estimated to be recovered from chargebacks to the contractor. The remaining estimated $24,000 for additional time on site is a 3. 7% increase to the original contract value. CONCLUSIONS The San Ramon project is running about 3-months behind schedule, which will require additional work to be performed by KOA as the City's on-site construction manager. These costs will come at no net cost to the City but require KOA's contract limit to be increased. An additional increase is also proposed to cover unanticipated work already performed and for work which may be performed as described above. Therefore, staff recommends an increase of $110,000 to the "not-to-exceed" limit of the KOA professional services agreement awarded on March 5, 2013. FISCAL IMPACT The net cost to the City for services pertaining to this recommendation is estimated at $24,000. Grant reimbursement may further reduce this obligation. The FY 2013-14 City Budget provides adequate funding in the Storm Water Quality Fund for this activity. Attachments: KOA Letter April 23, 2014 J-3 KOA CORPORATION 4 PLANNING & ENGINEERING April 23, 2014 Department of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Attn: Andy Winje, PE, Senior Engineer 1411 W. I 90th St., Suite 525 Gardena, CA 90248 t: 310.329.0102 f: 310.329.1021 www.koacorporation.com RE: PROPOSAL TO INCREASE THE BUDGET FOR PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES FOR THE SAN RAMON CANYON STORM DRAINAGE SYSTEM PROJECT Dear Mr. Winje: KOA Corporation ("KOA") appreciates the opportunity to have been appointed the Construction Management consulting firm for the construction of the San Ramon storm drainage project. There have been a number of factors which have affected the amount of time required for KOA to perform our services since the beginning of the project in in April 2013 detailed as follows: • The contractor experienced ·difficulties during both of the tunneling operations and was unable achieve the planned production rates. In order to minimize the impact to the overall project schedule, he requested and was granted the ability to work extended hours and perform weekend work. This required additional inspection from KOA, however the City has been reimbursed for that cost from the contractor through a change order credit. • Despite the contractor's best efforts he has fallen behind on his schedule and the project completion date of April 16, 2014 has not been met and is now scheduled for completion by the end of June 2014. The City will be reimbursed for the additional management and inspection cost after April 16, 2014, through a change order credit. • A considerable amount of additional professional services time was time was spent last summer defending the two cost savings change orders, which saved the City over $420,000 • The savings to the project has provided the opportunity to expand the scope of work to include additional storm drainage work and road reconstruction of Palos Verdes Drive South where it abuts the project. This work will include the installation of an additional catch basin and storm drain line above the upper switchback, which will discharge into the inlet structure; paving of PVDE from PVDS to Ganado Drive and improvements to existing storm drain systems. This work will also require inspection, which will be in addition to the supervision accounted for in the points above. The following is an estimate of the costs and projected costs for this additional scope. Sincerely, KOA Co~rati~l"_i A\~ Uo~QJY Alan Braatvedt V.P. of South Bay Operations J-4 1411 W. I 90th St., Suite 525 Gardena, CA 90248 t 310.329.0102 f: 310.329.1021 www .koacorporation.com Projected Additional Professional Construction Management Services Required for the San Ramon Storm Canyon Drainage Project Cost Contractor Estimate Reimbursement Additional Inspection cost for extended hours of work $26,850 $26,000 Management and Inspection of Contract Work Beyond April 16, 2014 $25,000 $60,000 Defense of Cost Savings Change Order $28,000 CM and Inspection for added project scope for storm drain $9,000 CM and Inspection for added project scope for PVDE paving $11,000 CM and Inspection for added project scope for storm drainage structure modifications $5,000 CONTINGINCY $5,150 TOTAL PROJECTED COST $110,000 $86,000 J-5