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HomeMy WebLinkAbout09/18/2001, C8 - CONSULTANT CONTRACT AMENDMENTS AND FINAL PROJECT BUDGET: MARSH STREET GARAGE EXPANSION PROJECT council j acEnba wpoRt 4n 8 C I T Y O F SAN LU IS O B I S P O FROM: Mike McCluskey,.Director of Public Works, Prepared By: Keith Opalewski,Parking Manager SUBJECT: CONSULTANT CONTRACT AMENDMENTS AND FINAL PROJECT BUDGET: MARSH STREET GARAGE EXPANSION PROJECT CAO RECOMMENDATION 1. Finalize the project budget and funding sources for the Marsh Street garage expansion project in the amount of $8,691,400, which is $363,000.1ess than the previously approved budget (even with the proposed contract amendments below). 2. Approve contract amendments as follows and authorize the CAO to execute revised agreements: a. Soils Engineering, Inc ($33,120) for additional geo-technical services b. Earth Systems Pacific($33,796) for additional materials testing services c. Applied EarthWorks ($65,502) for additional archaeological monitoring services d. Harris&Associates.($72,480) for additional construction management e. Phillips Metsch Sweeney Moore ($23,728) for additional construction administration 3. Authorize an archaeological contingency of$75,000 for the project. DISCUSSION Overview In September 2000, the Council approved a project budget for the Marsh Street garage expansion (excluding land costs).of$9,054,400. Based on the actual construction bid (which is unchanged by these actions), we recommend reducin the overall project budget. by $363,000. This reduction is possible even after funding the proposed revisions for construction management services ($237,900) and archaeological contingencies($75,000) as discussed below. Background On August 6, 2001, the construction contract for the Marsh Street Garage expansion officially was underway. An early component of the project requires specialized testing and monitoring by qualified technical consultants in the areas of soils engineering, materials testing, and archaeological monitoring and evaluation. Initial agreements (except for the required soils report which was completed in October 1998) for the above technical services were executed in the spring of 2000 in anticipation of awarding a construction contract by June of 2000. When the Council Agenda Report—Consultant Amendments and Final Budget:.Marsh Street Garage Page 2 bids for the garage expansion came in substantially higher than anticipated, the project was placed on hold pending a revised design to reduce construction costs. In September 2000, the Council approved rebidding the project with a scaled-down design, which received final Council approval in April 2001. During this time, the aforementioned contracts remained in effect and were not implemented until recently when the project officially started. However, since the start of the project in early August, more detailed information has become available that indicates that the current contracts are under-funded and will need to be amended for the reasons discussed below. Proposed Contract Revisions Limited work scope for original contracts due to underestimation of the amount of soils and materials testing that would be required for the project. This is based on the final specifications requiring the soils engineering firm of record to inspect and test the pier bottoms (bedrock conditions)before concrete is poured. Materials testing scope was a rudimentary series of testing and did not cover the full extent of testing required by the structural engineer in the final specifications Structural design change from moment frame to shear wall. The redesign increased the number of support piers thereby increasing the number of required tests. Unknown factors relating to underground conditions and historical artifacts, namely much more time will be needed to fulfill the required archaeological monitoring component of the approved mitigation measures for the project. The detail of what would be found was unknown until the subsurface was actually exposed. To date, over 35 boxes of artifacts have been retained and will require more detailed analysis and documentation. Additional field monitoring will also be required for the next phase of construction. Need to match length of construction management and construction administration contracts with construction contract for ARB, Inc.. With regards to additional construction management and construction administration for the project, the original proposals submitted by Harris & Associates (construction management consultant) and Phillip Metschs Sweeny Moore (design architects) were based on a 10-month construction period. However, since the current construction contract for ARB, Inc is for 12 months, both contracts need to be amended to match the 12-month period for the actual construction of the garage. Finally, Hams & Associates amendment also includes additional bid Council Agenda Report—Consultant Amendments and Final Budget: Marsh Street Garage Page 3 assistance work that they completed as part of the rebid of the project. The following table summarizes the contract changes for the various consultants by type of service. Current Proposed Final Service Contract Change Amount Soils Engineering *$8,990 33,120 42,110 Materials Testing 10,475 33,796 44,271 Archeologist 14,796 65,502 80,298 Construction Management 329,600 72,480 402,080 Construction Administration by Design Architect 142,501 23,728 166,229 Total $506,362 $228,626 $734,988 *Purchase order was issued in 1998 to complete the required soils report as part of original garage design. Archaeological Contingency Based on our previous experience with the consequences of the Palm Street parking structure project, staff anticipates that significant additional materials could be uncovered before the analysis is compete, requiring additional funding to be added to the services contract. Finally, once all the artifacts have been removed and cataloged, they will need to be stored in the new facility being built by the San Luis Obispo County Society at a currently unknown cost to the City. Accordingly, in addition to increasing funding for the current archeologist to allow for more monitoring, we are recommending the establishment of a contingency for unanticipated expenses. Summary In short, the original scope of work developed for the various required services were based on "estimations" of what would be needed and did not reflect the amount of testing detailed in the final plans and specifications, nor the actual field conditions. Now that the construction is underway, the consultant requirements for soils engineering and materials testing and archaeological monitoring are much more clearly defined regarding the actual scope of work that will be needed for the project. Thus, based on first-hand knowledge of the construction site, the above technical services must be amended in order to complete the required soils and materials testing and archaeological monitoring services for the garage expansion project. A contingency of $75,000 is also being recommended in anticipation of expenses to remove and catalog additional artifacts and to store the collection upon the completion of the evaluation process. FISCAL IMPACT On September 28,2000, the Council approved a design and construction budget of$9,054,400 (see table below) and authorized rebidding the Marsh Street garage expansion project. At the time of the bid opening in June 2001, the low bidder was $631,000 under the approved construction budget. As a result,the final project budget(and corresponding reduction in debt financing) can be reduced by $363,000 even after funding the recommended consultant service contract amendments and archaeological contingencies. i Council Agenda Report—Consultant Amendments and Final Budget: Marsh Street Garage Page 4 As shown below, we are proposing that the increased construction management costs and archaeological contingency be funded from working capital. Based on construction cost savings, this will reduce the debt-financed portion from the original budget from $7.9 million to $7.2 million, resulting in lower debt service costs in the future. The following summarizes the current project budget (excluding land costs) and the proposed changes. Project Costs Current Proposed. Variance Design 534i5O 553,60 Construction Construction Contract 7,179,900 6,548,000 (631,900) Construction Contingency @ 10% 717,900 654,800 (63,100) Archeological Contingency 75,000 75,000 Additional Public Art 15,000 15,000 - Promotion During Construction 10,000 10,000 - Water and Sewer Impact Fees 100,000 100,000 - Construction Management 497,100 735,000 237,900 ITotal S 8,691,400 $ (36 > Funding Sources Debt inancing , Worldng Capital 1 1,119,100 1,491,400 3.72,300 Total _ 99054,400 $ 8,691,4UD ALTERNATIVES An alternative is to use contingency money to hand the contract amendments. This option is not recommended because the contingency fund is earmarked for necessary changes in the "construction" of the project. To date, two change orders are pending due to the delay in site preparation as a result of extensive archaeological monitoring and the discovery of seven old utilities lines that need to be abandoned as part of the project. Together these costs could exceed $50,000 after only one month into the project. Therefore, based on the fact that the project is in the early stages of construction, the contingency fund should be maintained strictly for construction purposes only. ATTACHMENTS 1. Soils Engineering Agreement 2. Materials Testing Amendment 3. Archaeological Monitoring Amendment 4. Construction Management Amendment 5. Construction Administration Amendment I:CAR/parldngissues/carcon=tamendments C g-� Attachment 1 AGREEMENT Y THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,hereinafter referred to as City,and SOILS ENGINEERING,INC.,hereinafter referred to as Contractor. WITNESSETH: WHEREAS, the City wants to contract for soils engineering services for a period of 30 days, during the foundation construction of the Marsh Street Garage Expansion project, Specification No.99684. WHEREAS, Contractor is qualified to perform this type of service and has submitted a proposal to do so Which has been accepted by City. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered,as first written above,until acceptance or completion of said services. 2. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefore compensation in a total sum not to exceed$33,120.00. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide services as set forth in Exhibit A attached hereto and incorporated into this Agreement. Contractor further agrees to the contract performance terms as set forth in Exhibit B attached hereto and incorporated into this Agreement. 5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by'the City Administrative Officer of the City. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. ATTACHMENT I Agreement Page 2 7. NOTICE.. All written notices to the parties hereto shall besent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City of San Luis Obispo Public Works Department 955 Morro Street San Luis Obispo,CA 93401 Contractor Soils Engineering,Inc. 4400 Yeager Way Bakersfield, CA 93313 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and,Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto Have caused this instrument to be executed the day and year first above written.. CITY OF SAN LUIS OBISPO,A Municipal Corporation By: Ken Hampian,City Administrative Officer APPROVED AS TO FORM: CONTRACTOR. By: ity Attorney Print Name: C Exhibit A SOILS ENGINEERING, INC. August 31, 2001 File No. 98-8709 City of San Luis Obispo Parking Operations 1260 Chorro Street, Suite B San Luis Obispo, CA 93401 Attention: Keith Opalewski Subject: Review of drilled Piers construction for the Proposed Parking Structure.at Pacific Street and South Moro Street in San Luis Obispo, California Reference: Preliminary Soils Investigation for Proposed Parking Structure to be located West of Pacific Street and South of Morro Street in San Luis Obispo, California Dated: October 15, 1998 Gentlemen: In accordance with your request; we are amending our original proposal of July 23 to include 30 days of inspection rather than 10 days. We propose to provide engineering services during the foundation construction of the proposed parking structure referenced above. Our scope of work will consist of reviewing the drilling process of the proposed piers foundations as outlined in the "Foundations"section of the Preliminary Soils Investigation referenced above. Our fee for services will be the following: Senior Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 hrs @ $ 120/hr= $ 960.00 Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 miles @ $ 0.60/mile = 144.00 Total cost per day for a Senior Engineer. $1,104.00 Our estimated cost for a projected thirty days of service will be: 30 days @ $1,104/day = $33,120.00. Any additional services requested on the project will be billed on a time and materials basis per our fee schedule dated 1/1/ i have any questions, feel free to contact us. �gOFESS,rc�l� Respectfully submitted, SOILS ENGINEERING, INC. w No.39549 R' m Exp.12-31-01 Tony Frangie, P.E. �Tglc CIV11. P��� OF CAV Dist.: Addressee Harris & Associates, Att.: Steve Mimiaga 4400 YEAGER WAY 0 BAKERSFIELD, CALIFORNIA 93313 PHONE (661) 831-5100 FAX: (661) 8311-_21101 Exhibit B CONTRACT PERFORMANCE:TERMS 1. Business Tax. Contractor must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling(805) 781-7134. 2. Ability to Perform. Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws,ordinances, and regulations. 3. Laws to be Observed. Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,regulations and adopted codes during its performance of the work. 4. Payment of Taxes. The contract prices shall include full compensation for all taxes which Contractor is required to pay. 5. Permits and Licenses. Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 6. Safety Provisions. Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 7. Public and Employee Safety. Whenever Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, fumish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 8. Preservation of City Property. Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of Contractor's operations, it shall be replaced or restored at Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 9. Immigration Act of 1986. Contractor warrants on behalf of itself and all sub-contractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and,Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 10. Contractor Non-Discrimination. In the performance of this work,Contractor agrees that it will not engage in, nor permit such sub-contractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation,or religion of such persons. 11. Work Delays. Should Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs,then the time C g- �xh�b�t Exhibit B:Contract Performance Terms Page B-2 of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. 12. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the services provided by Contractor(Net 30). 13. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 14. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 15. Interests of Contractor. Contractor covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder. Contractor further covenants that, in the performance of this work, no sub-contractor of person having such an interest shall be employed. Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 16. Hold Harmless and Indemnification. Contractor agrees to defend, indemnify,protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Contractor; and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City,its agents, officers or employees. 17. Year 2000 Compliance. The Contractor warrants that the goods or services provided to the City, including those provided through subcontractors, are "Year 2000 compliant." For the purpose of this contract, "Year 2000 compliant" means that goods or services provided to the City will continue to fully function, fault-free, before, at and after the Year 2000, without interruption or human intervention; and if applicable, any data outside of the date range 1990- 1999, including leap years, will be correctly processed in any level of computer hardware or software, including,but not limited to, microcode,,,fifmware, application programs, files and data bases. This warranty supersedes all warranty disclaimers or limitations, and all limitations on liability, otherwise provided by the Contractor. Upon request by the City, the Contractor will provide the City with a description of its Year 2000 compliance strategy, or statement of why this is not relevant to contract performance. 18. Contract Assignment. Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. C �^ Exhibit B:Contract Performance Terms Page B-3 19. Termination. If, during the term of the contract, the City determines that Contractor is not faithfully abiding by any term or condition contained herein, the City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to Contractor to said effect. Thereafter, neither party shall have any further duties, obligations,responsibilities, or rights under the contract. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by Contractor shall be based solely on the City's assessment of the value of the work-in- progress in completing the overall work scope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its proposal. 20. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of Contractor as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. 21. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by Contractor as part of the work or services under these specifications shall be the property of City, and shall not be made available to any individual or organization by Contractor without the prior written approval of the City. 22. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what Contractor is required to furnish in limited quantities as part of the work or services under these specifications, Contractor shall provide such additional copies as are requested, and City shall compensate Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 23. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, or sub-contractors. a. Minimum scope of insurance. Coverage shall be at least as broad as: • Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). • Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). C g/� Exhibit B:Contract Performance Terms Page B-4 • Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. • Errors and Omissions Liability insurance as appropriate to Contractor's profession. b. Minimum limits of insurance. Contractor shall maintain limits no less than: • General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: $1,000,000 per accident for bodily injury and property damage. • Employer's Liability: $1,000,000 per accident for bodily injury or disease. • Errors and Omissions Liability: $1,000,000 per occurrence. C. Deductibles and self-insured retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other insurance provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: • The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. • For any claims related to this project, Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. .Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of Contractor's insurance and shall not contribute with it. • Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials,employees,agents or volunteers. • Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. • Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail,return receipt requested, has been given to the City. Exhibit B:Contract Performance Terms Page B-5 e. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. f. Verification of coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Attachment 2 AMENDMENT NO. 1 AGREEMENT WITH EARTH SYSTEMS PACIFIC The AGREEMENT dated October 10th, 2000 between the-CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as "City" and "Earth Systems Pacific", hereinafter referred to as "Contractor", is hereby amended to as follows: A. DESCRIPTION OF WORK 2. Workscope Provide additional materials testing and inspection as outlined in Exhibit A: a. Task 1 —.Geotechnical approval of pad excavation and backfill, consultation as requested. b. Task 2—Materials sampling and testing, substitute special inspection. Additional work scope will be performed for an amount not to exceed $33,796, for a total contract amount not to exceed$44,271. All other terms and conditions of the AGREEMENT remain the same. Both CITY and CONTRACTOR do covenant that each individual executing this addendum on behalf of each party is a person duly authorized and empowered to execute Agreements for such part. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on this day of ,2001. CITY OF SAN LUIS OBISPO A Municipal Corporation Ken Hampian, City Administrative Officer APPROVED AS TO FORM: CONTRACTOR - -Oty Attorney Print Name: G:/Contracts&RFPs/Marsh Street Expansion/Contract Amendments/Amendment 1—Earth Systems Pacific / �10 EXh�n�.f A FACSIMILE TRANSMITTAL TO:..................»........,Keith Opalewski/Steve Mimiaga DATE:........ August 21,2001 FAX NO.: ...»».».......781-7267 FROM: ...........Dennis Shabe 7 PROJECT::....:.........Marsh St.Parking Structure Expansion TOTAL PAGES:.»..3 DOCUMENT IS.....( ) High priority ( ) Confidential ACTION REQUESTED:.......( ) Original to follow by mail ( ) Keep for your files ( ) Sign and return ( ) Sign and return by fax ( ) For Your Use (XXX)Review and comment REMARKS: Keith/Steve: Here's revised budget numbers based upon our meeting. I'm also preparing a general scope as 1 understand it based upon this AM's meeting.I'll have it soon.. Dennis Earth Systems Pacific Geotechnical Engineering • Engineering Geology Environmental Services • Materials Testing&Inspection 4378 Santa Fe Road • San Luis Obispo • California • 93401 (805)544-3276 • (805)544-1786 Fax www.carthsys.com C 641M E1ch;uit A Marsh Stivet Parking Structure TASK 2:Materials Sampling and Testing,Sobstitate Special InsPeetfop Comments: Item #Hours or Tests Rate Total Tech,materials sampling 300 $50 $15,000.00 Moisture-Density curve 10 $140 $1,400.00 Sand Equivalent 2 $80 $160.00 Soils classification 2 $140 $280.00 Sieve analysis 5 $45 $225.00 Canc.Cylinder,tested 300 $20 $6,000.00 Conc.Cylinder,held more than 56 days cyl per mortb $10 $0.00 Grout Prisms,5 sets of 3 prisms(15 toWl) 15 $20 $300.00 Masonry block units,tested 15 $450 $6,750.00 Mortar cylinders, 5 sets of 3 cylindw. (15 total) 15 $20 $300.00 Special Inspector 100 $50 $5,000.00 $0.00 S1IBTOTAL $35,415.00 GRAND TOTAL $44.271,00 ESTIMATE: $44,271.00 TO WHOM., Opalewski I Mimiaga DATE: 8/21101 VIA:Faxed Spreadsheet - Cotnmeats: - Page 2 n P r Project Name.... Marsh Street Parking Structure Date........8/21/01 Lo"- ion............Marsh Street,SLA File No...SL-12747-TA Prepared by........D.C.S. Requested by..... Kieth Opalewski/Steve Mimiaga Client................City of SLO Address............. 1260 Chorro St.,Ste B,SLO Phone No...........781-7230 Project Type..... Parking Structure Features.............Fie levels Scope.................Geotech approval of pad excavation&backfill,Maul's testing..Substitute Special.ln.VcOon Carrunente: Scope as discussed in meeting 8/21/01 with K.Opalewski &S.Mimiags _ TASK 1:Geotechnical Approval of pad mayation and backfill,consultation as requested Comment,;: Rem #Hours or Tests Rate Total Assoc.Eng. 5 site visite 11 $108 $1,188.00 Assoc.Eng.,office time,revw P&S, rets as necessary 6 $108 $648.00 Proj. Eng,report recommertdations as necessary 3 $88 $264.00 Assoc. Eng.,mise.office time 1.0 $108 $1.080.00 Assoc..Eng.,grading relxrt prep 2 $108 $216.00 Staff Eng.,grading report prep 2 $78 $156.00 Tech.,grading Oxervaticm and testing 100 $50 $5,000.00 Tech.,grading report prep 4 $50 $200.00 Drafting,map for grading report 2 $52 $104.00 $0.00 $0.00 $0.00 SURTOTAi. $8,856.00 Page 1 p CO '�� Attachment 3 AMENDMENT NO. 1 AGREEMENT WITH APPLIED EARTHWORKS The AGREEMENT dated May 26, 2000 between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred-to as "City" and "Applied Earthworks", hereinafter referred to as "Contractor", is hereby amended to as follows: A. DESCRIPTION OF WORK 2. Workscope Provide emergency field work as well as subsequent laboratory processing, analysis, and reporting required by the EIR for the Marsh Street Garage Expansion project, Specification No. 99684. The amended work, as outlined in Exhibit A, will be performed for additional compensation not to exceed $65,502. All other terms and conditions of the AGREEMENT remain the same. Both CITY .and CONTRACTOR do covenant that each individual executing this addendum on behalf of each party is a person duly authorized and empowered to execute Agreements for such part. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on this day of , 2001. CITY OF SAN LUIS OBISPO A Municipal Corporation Ken Hampian, City Administrative Officer APPROVED AS TO FORM: CONTRACTOR Z*zey City Attorney Print Name: G:/Contracts&RFPs/Marsh Street Expansion/Contract Amendments/Amendment 1—Applied Earthworks -� trxhh� t- A 5090 North Fruit Avenue Applied Suite 101 MP VU FAX AND FIRST CLASS MAIL Fresno,CA 93711-3064 orl (559)229-1856 EarthW LY'` R FAX(559)229-2019 MMMMOMMMMUMMEM 4 September 2001 City of San Luis Obispo Public Works Department ATTN: Mr. Keith Opalewski 1260 Chorro Street, Suite B San Luis Obispo, CA 93401 RE: Revised Budget Modification Request No. 1 Wtural Resource Monitoring for the Marsh Street Garage E=sion Dear W. Opalewski: Since July 2000,Applied EarthWorks,Inc. QE)has provided technical support to the City of San Luis Obispo during development of the Marsh Street Garage Expansion Project. lE began the project by consulting with you and City Planner Jeff Hook regarding the scope and extent of required archaeological studies. We performed research at the City Planning Department,the City Library, and other archives to establish a predictive model for potential buried archaeological deposits, and produced a draft set of maps for the project area.using Sanborn Fire Insurance maps, aerial photograph data, and project plans. Because of delays beyond Hs control, all cultural resources work was put on hold in August 2000. After a delay of nearly a year, X resumed work on the project by preparing a cultural resource mitigation plan to meet the mitigation requirements of the Project Environmental Impact Report(EIR). At the beginning of August 2001, we began archaeological monitoring of construction. On 17 August 2001, 1E completed two weeks of monitoring and fulfilled the existing scope of work for cultural resource studies. We also expended the approved budget for this work. Subsequently, several archaeological features were discovered. At your direction, lE mobilized a field crew to perform emergency excavations to evaluate the significance of the features and mitigate project impacts to less-than-significant levels. Such work was required by the EIR and cultural resources mitigation plan. Emergency excavations occurred from 20-30 August 2001. The attached budget modification request includes the cost of the emergency field work as well as the subsequent laboratory processing, analysis, and reporting required by the EIR. Because the cultural resources requirements of the EIR will continue for at least another two weeks, this budget modification request includes an additional 150 hours of monitoring,which should be sufficient for another 10-15 monitor days. The attached budget does not include costs for final curation of the archaeological collections, or for any additional emergency archaeology that might become necessary of other archaeological remains are discovered during construction. Such costs cannot be determined until after monitoring is completed and an appropriate curation facility is identified. If such work becomes necessary, additional funding will be requested. C �^�c A ARM Thank you for your assistance in processing this budget modification request. Please call if you have any questions. Sincerely, Bar7yPric e,M.A Vice President/Principal Archaeologist a �§ or � � � a � : ■ . e ; - S w . ©� §§ - a § ■ § . @ § � . . 2a v k &! � � _ a % ■ - 3 R - 2 � UJ 2 © 0 - 2 2 ■ ƒ � ■ � _ _ _ 9 a § © § $ E 9 § A § k . A § 3 § § ° ca k k R t 1� E § ° ° � ` E � ¢ $_ $ t g = � ■ I « � $ ij q: E57 % j £ I . ` uj � m : . t . . $� � � . $ ƒ§ k L a j I k 2 f 2 I U 7 J / i Z 0 7 $ / ■ , _ B B B _ M B K . � 92D BUDGET MODIFICAI wN IH c•.ti.._,JZVeeh2ao1kcW mod 1.q)2 Marsh SL Garage Expansion Project Cultural Resource Monitoring APPLIED EARTHWORKS,INC. 31 August 2001 Labor CateGory Hm Rate Code Rate. Cost Project Manager BAP 102 003 87.50 $8,925 Senior Historical Archaeologist CH 58 013 59.00 $3,422 Laboratory Director CD 185 026 40.60 $7 511 Staff Archaeologist' 40 027 39.40 $1,576 Staff Archaeologist-OT 16 027 59.10 $946 Publications Mana SR 50 061 39.80 $1,990 Fistorical Ardmeologist 40 028 38.80 $1.552 Faunal SG . 60 028 38. $2,328 Ardraeolo ' I Monitor AVS 224 035 31.80 $7123 Archaeological Monitor-0T 50 47.70 $2,385 Field Technician I G 48 035 31.80 $1,526 Field.Techniaan I-OT 4 47.70 $191 Feld Technician 11 134 072 30.90 $4141 Feld Technician II-OT 46.35 Feld Technician 111 32 039 27.00 $864 Laboratory Tectthrdclan DA 210 037 29.10 $6111 Draftsperson 60 030 33.60 $2,016 Word Proceata CB/RB 64 055 33.80 $2,163 Administrative Support 24 073 28.50 $684 Total Hoursl$ 1401 $55,49 E ui mentfSu ries Field/Lab E _. meat and S fres $750 Vehicle Rental weeks 1 450 $450 Fuel for Rerttal Vehicle. $150 TraveVr- rhation Units Mileage ersonal vehicles 1000 $0.34 $335 Per Diem erson 60 $100.001 $6,000 Lod in (person da 4 $60.00 $240 Subswence erson 4 $40.00 $160 Outside Services Archive Fees GeospatialAna - Other Direct Costs Posta e/D Gcation $300 Office Communication/Supplies $750 TOTAL LABOR and BENEFITS $55,454 TOTAL EQUIPMENT/SUPPLIES $1,350 TOTAL TRAVELITRANSPORTATION $6735 TOTAL OUTSIDE SERVICES TOTAL ODCs $1,050 FEE 0 10%. non-la $914 TOTAL $65,502 C �-a � - Attachment 4 AMENDMENT NO. 1. AGREEMENT WITH HARRIS AND ASSOCIATES The AGREEMENT dated March 10, 2000 between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as "City" and "Harris and Associates", hereinafter referred to as "Contractor", is hereby amended to as follows: A. DESCRIPTION OF WORK 2. Workscope Provide additional construction management services due to re-bid of Marsh Street Garage Expansion project: a. Task#1 —Review project cost estimate. b. Task#2—Review and quality check current project plans and specifications. c. Task#3 —Conduct project outreach program to obtain bidders. d. Task#4—Provide bidding assistance. These services were performed at an additional lump sum fee of $15,200 and as outlined in. Exhibit "A"; and Provide additional construction management services due to extending the construction management contract from 10 months to 12 months for an adjusted contract amount of$57,280 as outlined in Exhibit"A". All other terms and conditions of the AGREEMENT remain the same. Both CITY and CONTRACTOR do covenant that each individual executing this addendum on behalf of each party is a person duly authorized and empowered to execute Agreements for such part. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on this day of , 2001. CITY OF SAN LUIS OBISPO A Municipal Corporation Ken Hampian, City Administrative Officer APPR VEDAS TO FORM: CONTRACTOR City Attorney Print Name: GIContracts&RFPs/Amendment t—Harris&Assoc. i EXh%hIf A August 31, 2001 Mr. Keith Opalewski Manager Parking Services City of San Luis Obispo 955 Morro Street Harris & ASSOCIat@5 San Luis Obispo, CA 93401 Program Managers Re: City of San Luis Obispo Construction Managers Marsh Street Garage Expansion Project Civil Engineers Additional Construction Management Services The intent of this letter is to provide the City with Harris' proposal for additional services pursuant to the subject project. The additional services are necessary due to (1) re-bidding of the project, and (2)extending the project from 10 months to 12 months. The following are our cost breakdowns for the required tasks. Additional Services Due to Project Rebid (work already completed) - Review Cost Estimates: Steve Mimiaga, P:E. 16 hrs @$140/hr= $2,240.00 -OC Review Plans & Specs: Steve M &Tony Perez 40.hrs @$100/hr= $4,000.00 - Bidder Outreach Program: Steve Mimiaga, P.E. 32 hrs @$140/hr= $4,480.00 - Bid Phase Assistance: Steve Mimiaga, P.E. 32 hrs @$140/hr= $4,480.00 $15,200.00 Additional Services Due to Extending the.Project From 10 Months to 12 Months - Project Manager(2 months): Steve Mimiaga, P.E. 32 hrs @$140/hr= $4,480.00 -Constr. Manager(2months): Mary Jo Bachini 320 hrs @$100/hr= $32,000.00 - Resident Inspect. (2 Months): Dwight Sexton 320 hrs @ $65/hr= $20,880.00 $57,280.00 Total Amendment Request for Additional Services: $72,480.00 PROJECT COST SUMMARY Original/Current H&A Contract Amount: $304,600.00 Total Amendment Request $ 72.480.00 Proposed Adjusted Contract Amount: $377,080.00 Please do not hesitate to contact me if you have any questions or if I can be of any additional assistance. Very truly yours, HARRIS &ASSOCIATES Ste hen Mimiaga, P.E. r Project Manager cc: James Guerrero, Vice President Harris &Associates Attachment 5 AMENDMENT NO. 8 AGREEMENT WITH PHILLIPS METSCH SWEENEY MOORE ARCHITECTS The AGREEMENT dated July 7, 1998 between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as "City" and "Phillips Metsch Sweeney Moore Architects", hereinafter referred to as "Contractor", is hereby amended to as follows: A. DESCRIPTION OF WORK 2. Workscope Extend the work scope duration of the project from 44 weeks to 52 weeks (an additional 8 weeks), at an additional cost of$23,728.00, as outlined in Exhibit "A" and based on the hourly rate in CONTRACTOR'S accepted original proposal. All other terms and conditions of the AGREEMENT remain the same. Both CITY and CONTRACTOR do covenant that each individual executing this addendum on behalf of each party is a person duly authorized and empowered to execute Agreements for such part. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on this day of 2001. CITY OF SAN LUIS OBISPO A Municipal Corporation Ken Hampian, City Administrative Officer ZAPPRO D AS TO FORM: CONTRACTOR orn Print Name: G:/Contracts&RFPs/Amendment 8-PMSM `EX6ibit A 25 May 2001 • e • Mr. Keith Opalewski, Parking Manager CITY OF SAN LUIS OBISPO A R C H I T E C T S 1260 Chorro Street, Suite B San Luis Obispo, CA 93401 Subject: City of San Luis Obispo Marsh Street Garage Expansion Construction Administration PMSM Job No.98028.05 Dear Keith: On March 21, 2000, Amendment No..4 in the amount of $142,501 for Construction Administration (CA) phase and record as-built drawings was issued on the above referenced project. The CA Phase portion of the fee was based on construction duration of 44 weeks. Current Contract Documents specify a 52-week construction duration. In order to prevent a gap in construction support,PMSM respectfully requests an increase in fee to cover the construction duration.' Amendment No:4—CA Phase Services(44 weeks): $130,501 (fee/week=$2,966) Amendment No.4—Records Drawings 12:000 TOTAL AMENDMENT N0.4. $142,501 PROPOSED ADDITIONAL FEE($2,966/wk.x 8 weeks) $23,728 Proposed CA Phase Services (52 weeks) $166,229 Should you have any questions please feel free to call me. Sine ly, JUN 04 2001 F . we ey AIA ncipal /bk cc: Debra,Jim ROGER A.PHILLIPS AIA STEPHEN METSCH AIA 2020 ALAMEDA PADRE SERRA,SUITE 220 SANTA BARBARA, CA 93103 TEL 805 963-1955 FAX 805 564-8562 FRED L SWEENEY AIA 935 RIVERSIDE AVE., N20 PASO ROBLES, CA 93446 TEL 805 227-4540 FAX 805 227-0712 JAMES E.MOORE IV AIA E?ch1b;t A City of San Luis Obispo Marsh Street Garage Construction Administration PMSM Job No. 98028.05 May 25, 2001 A R C H I T E C T S REVISED ATTACHMENT A For: 52 week duration CONSTRUCTION ADMINISTRATION SERVICES Review submittals Assisi witiL uefened governmeni approvals(if arty) (18) Site visits—review progress of work and attend project meetings Respond to requests for information (RFI's)and issue clarifications Review contractor quotes and make recommendations only as needed per City request Review test and inspection reports Coordinate color selection (1)Final inspection Make recommendation for filing Notice of Completion Structural observation by Structural Engineer as required by code Record Drawings ADDITIONAL SERVICES (As Needed Basis Only) Review contractor's request for substitutions(beyond specified time period) Prepare cost request bulletins for changes requested by owner Warranty enforcement Claims analysis/dispute resolution ROGER A.PHILLIPS AIA STEPHEN METSCH AIA 2020 ALAMEDA PADRE SERRA,SUITE 220 SANTA BARBARA,CA 93103 TEL 805 963-1955 FAX 805 564-8582 FRED E SWEENEY AIA 935 RIVERSIDE AVE., 920 PASO ROBLES,CA 93446 TEL 805 227-4540 FAX 805 227-0712 JAMES L.MOORE Iv AIA