08d El Camino Real Rehabilitation ProjectMEMORANDUM
TO: CITY COUNCIL G
FROM: &- TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MIKE LINN, ASSISTANT CITY ENGINEER
SUBJECT: CONSIDERATION OF A FIFTH AMENDMENT TO AGREEMENT WlTH
NORTH COAST ENGINEERING AND A FIRST AMENDMENT TO
AGREEMENT WlTH 'TERRY PARIS INSPECTION SERVICES FOR THE EL
CAMINO REAL REHABILITATION AND ENHANCEMENT PROJECT, PW
2008-09
DATE: FEBRUARY 14,2012
RECOMMENDATION:
It is recommended the Council:
1. approve a Fifth Amendment to the Agreement for Consultant Services with North Coast
Engineering to increase the "not to exceed" amount by $15,000 to perform additional
construction surveying and construction support for the El Camino Real Rehabilitation
and Enhancement Project;
2. approve a First Amendment to the Agreement for Consultant Services with Terry Paris
Inspection Services to increase the "not to exceed" amount by $19,500 to perform
additional field inspection for the El Camino Real Rehabilitation and Enhancement
Project;
3. Authorize the Mayor to execute the amendments.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The Capital lmprovement Program Budget includes $2,361,932 for the project. The total
estimated cost of the project (design, administration, construction) is $2,325,000. The
construction contract accounts for $2,185,658 of the project budget ($1,900,572 bid and
$285,086 contingencies). 'The construction is approximately 65% complete and many of
the change order proposals are in negotiation. However, staff projects the final
contingency total to be within the $285,086 allotment. There are no anticipated impacts to
staff time or resources.
BACKGROUND:
On December 9, 2008, the City Council approved an agreement with North Coast
Engineering in the amount of $68,620 for the design of the El Camino Real Retaining Wall,
El Camino Real Resurfacing, and El Camino RealIChilton Street Waterline Capital
lmprovement Projects. On April 28,2009, the City Council approved a First Amendment to
Agenda Item 8.d.
Page 1
CITY COUNCIL
CONSIDERATION OF FIFTH AMENDMENT TO AGREEMENT WlTH NORTH COAST
ENGINEERING AND FIRST AMENDMENT TO AGREEMENT WlTH TERRY PARIS
INSPECTION SERVICES FOR THE EL CAMINO REAL REHABILITATION AND
ENHANCEMENT PROJECT, PW 2008-09
FEBRUARY 14,201 2
PAGE 2
the Agreement for Consultant Services in the amount of $21,608 to include bicycle lanes,
sidewalk gap closures, and underground utilities between Cornwall Avenue and East
Grand Avenue. On June 9,2009, the City Council approved a Second Amendment to the
Agreement for Consultant Services in the amount of $19,851 to include the expansion of
the Halcyor~ Park and Ride Lot. On November 10,2009, the City Council approved a Third
Amendment in the amount of $40,508 to design revisions to the County pigging vault,
drainage modifications for the soil nail retaining wall, redesign of the Park and Ride layout,
revisions to the Cornwall Avenue storm drain and waterline, and the Chilton waterline. On
June 28,201 1, the City Council approved a Fourth Amendment in the amount of $8,958 to
perform construction surveying, design corrective improvement near Cornwall Avenue
(VCA Animal Hospital) and construction support services.
On May 24,201 1, the City Council awarded a construction contract for the El Camino Real
Rehabilitation and Enhancement Project to Brough Construction in the amount of
$1,900,572 and authorized the City Manager to approve change orders for 15% of the
contract amount, $285,086 (total construction costs = $1,900,572 + $285,086 =
$2,185,658).
On July 25, 2011, the City Manager executed a contract with Terry Paris lnspection
Services to provide on-site construction inspection for the El Camino Real Rehabilitation
and Enhancement Project in the amount of $24,500.
ANALYSIS OF ISSUES:
A Fifth Amendment to the Agreement for Consultant Services with North Coast
Engineering is recommended to provide additional construction support services through
the remainder of the construction project. All services will be billed on a time and materials
basis and are performed solely at the City's direction.
Terry Paris has provided valuable assistance to staff as the on-site inspector and
construction liaison. The construction of the project has proved more difficult than
originally anticipated and the construction duration has increased considerably, with a
current anticipated completion date of mid-March 2012. The First Amendment to the
Agreement with Terry Paris lnspection Services will extend the time of the agreement
accordingly.
Agenda Item 8.d.
Page 2
CITY COUNCIL
CONSIDERATION OF FIFTH AMENDMENT TO AGREEMENT WlTH NORTH COAST
ENGINEERING AND FIRST AMENDMENT TO AGREEMENT WlTH TERRY PARIS
INSPECTION SERVICES FOR THE EL CAMINO REAL REHABILITATION AND
ENHANCEMENT PROJECT, PW 2008-09
FEBRUARY 14,2012
PAGE 3
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
Approve amendments to agreements with North Coast Engineering and Terry Paris
lnspection Services;
Do not approve agreement amendments with North Coast Engineering and Terry
Paris lnspection Services; or
Provide staff direction.
ADVANTAGES:
Approval of the contract amendment will enable the primary construction consultants, North
Coast Engineering and Terry Paris lnspection Services, to continue to assist staff through
the remainder of the construction project.
DISADVANTAGES:
The additional services will increase the construction costs and may require a future
transfer of funds, dependent upon the tabulation of the final contractor bid and contingency
costs.
ENVIRONMENTAL REVIEW:
Staff has determined that the El Camino Real Rehabilitation and Enhancement Project is
categorically exempt from CEQA pursuant to Sections 15301 (c) and 15303(d).
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, February 9,2012. The Agenda
and staff report were posted on the City's website on Friday, February 10,201 2. No public
comments were received as the time of preparation of this staff report.
Attachment:
1. Fifth Amendment to the Agreement for Consultant Services with North Coast
Engineering
2. First Amendment to the Agreement for Consultant Services with Terry Paris
lnspection Services
Agenda Item 8.d.
Page 3
ATTACHMENT 1
CONSULTANT SERVICES AGREEMENT
AMENDMENT NO. 5
This Fifth Amendment ("Fifth Amendment") to Consultant's Services Agreement ("CSA) by
and between the CITY OF ARROYO GRANDE and NORTH COAST ENGINEERING, INC.
is made and entered into this day of February 201 2, based on the following facts:
WHEREAS, the parties entered into a CSA dated December 9,2008, for the design of the
El Camino Real Retaining Wall, El Camino Real Resurfacing, and El Camino Real/ Chilton
Street Waterline Capital lmprovement Projects; and
WHEREAS, the parties entered into a First Amendment to CSA dated April 28, 2009, to
include the design of bicycle lanes, sidewalk gap closures, and underground utilities
between Cornwall Avenue and East Grand Avenue as part of the project; and
WHEREAS, the parties entered into a Second Amendment to CSA dated June 9,2009, to
include the design of the Halcyon Park and Ride Lot Expansion as part of the project; and
WHEREAS, the parties entered into a Third Amendment to CSA dated Noverr~ber 10,
2009, to include additional design services on the El Camino Real Retaining Wall, El
Camino Real Resurfacing, and El Camino RealIChilton Street Waterline Capital
lmprovement Projects; and
WHEREAS, the parties entered into a Fourth Amendment to CSA dated June 28,201 1, to
include additional design services on the El Camino Real Retaining Wall, El Camino Real
Resurfacing, and El Camino RealIChilton Street Waterline Capital lmprovement Projects.
NOW THEREFORE, for the good and valuable consideration, the receipt and sufficiency of
which is acknowledged, the parties agree that the CSA is in full force and effect as
modified, and subject to the new terms and conditions set forth below:
1. Increase the not-to-exceed cost of the CSA from $1 59,545 to $1 74,545.
2. Except as modified herein, all other terms and conditions set forth in the CSA,
as amended, shall remain unchanged.
Agenda Item 8.d.
Page 4
IN WITNESS WHEREOF, ClTY and CONSULTANT have executed this Fifth Amendment
the day and year first set forth above.
CITY OF ARROYO GRANDE CONSULTANT
By: By:
TONY FERRARA, MAYOR NORTH COAST ENGINEERING
ATTEST:
KELLY WETMORE, ClTY CLERK
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, ClTY ATTORNEY
Agenda Item 8.d.
Page 5
ATTACHMENT 2
CONSULTANT SERVICES AGREEMENT
AMENDMENT NO. 1
This First Amendment ("First Amendment") to Consultant's Services Agreement ("CSA) by
and between the CITY OF ARROYO GRANDE and TERRY PARIS INSPECTION
SERVICES is made and entered into this day of February 2012, based on the
following facts:
WHEREAS, the parties entered into a CSA dated July, 25,201 1, for inspection services for
the El Camino Real Improvement Project.
NOW THEREFORE, for the good and valuable consideration, the receipt and sufficiency of
which is acknowledged, the parties agree that the CSA is in full force and effect as
modified, and subject to the new terms and conditions set forth below:
1. Extend the term of the CSA to expire on June 30, 2012.
2. Increase the not-to-exceed cost of the CSA from $24,500 to $44,000.
3. Except as modified herein, all other terms and conditions set forth in the CSA, as
amended, shall remain unchanged.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this First Amendment
the day and year first set forth above.
CITY OF ARROYO GRANDE CONSULTANT
By: By:
TONY FERRARA, MAYOR TERRY PARIS
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 8.d.
Page 6