HomeMy WebLinkAbout03 - CC-7 - Newport Blvd. Improvement Project - 5/18/2010CITY COUNCIL AGENDA REPORT
MEETING DATE: MAY 18, 2010 ITEM NUMBER:
SUBJECT: NEWPORT BOULEVARD IMPROVEMENT PROJECT
DATE: MAY 6, 2010
FROM: PUBLIC SERVICES DEPARTMENT/TRANSPORTATION SERVICES DIVISION
PRESENTATION BY: PETER NAGHAVI, DIRECTOR, DEPARTMENT OF PUBLIC SERVICES
FOR FURTHER INFORMATION CONTACT: RAJA SETHURAMAN, TRANSPORTATION SERVICES
MANAGER, (714) 754-5032
RECOMMENDATION:
1. Approve Amendment No 2. to Cooperative Agreement 12-457 (Attachment 1) between the
State of California Department of Transportation (Caltrans) extending the term of Agreement
for the Newport Boulevard Improvement Project to December 31, 2012, and authorize the
Mayor and City Clerk to execute the amendment.
2. Approve Contract Change Order (CCO) in the amount of $700,000 for the construction of
the Newport Boulevard Improvement Project (Project 08-08) to All American Asphalt, P. O.
Box 2229, Corona, CA 92878-2229 (Attachment 2).
3. Approve CCO in the amount of $70,000 for Construction Management and Inspection
Services for the Newport Boulevard Improvement Project to Jacobs Civil, Inc., 5757 Plaza
Drive, Suite 100, Cypress, CA 90630 (Attachment 3).
4. Authorize the City Manager to execute the CCOs.
BACKGROUND:
The City Council, at their regular meeting of November 8, 2008, awarded a construction contract for
the Newport Boulevard Improvement project to All American Asphalt, P.O. Box 2229, Corona, CA
92878-2229, in the amount of $4,294,449. At the regular meeting of January 6, 2009, the City
Council also awarded a Construction Management and Inspection Services contract to Jacobs
Civil, Inc., 5757 Plaza Drive, Suite 100, Cypress, CA 90630, for a total amount of $233,017.99.
The construction of Newport Boulevard Improvement Project, shown in Attachment 4, was
initiated in January 2009 and included the following improvements between 19th Street and 17th
Street:
❖ Aesthetic landscaping and streetscape enhancements including palms, planters, ornamental
street lighting, and bus shelters uniformly along the corridor.
❖ Upgrading pedestrian, bus stop, and handicap ramps in compliance with the Americans with
Disabilities Act.
❖ Construction of missing sidewalk along the west side of Newport Boulevard north of 17th
Street.
❖ Addition of a fourth northbound lane from 17th Street to north of 19th Street.
❖ Addition of a fourth southbound lane from the State Route 55 freeway terminus to the
intersection with Broadway.
❖ Addition of a southbound right -turn lane at 17th Street.
The above improvements were completed in summer 2009, and the project is currently under
review for acceptance by Caltrans. The construction of the project was funded by grants from
Measure M Intersection Improvement Program as well as federal Transportation Enhancement
Activities (TEA) funds. The total grant funding available for the project is approximately $6.2 million.
Cooperative Agreement 12-457:
The City of Costa Mesa and Caltrans entered into a cooperative agreement for the design and
right-of-way phase of the Newport Boulevard Improvement Project. This is because Newport
Boulevard is within Caltrans' jurisdiction. This agreement expired on December 2008. While
the design phase of the project is complete, the right-of-way transfer activities are pending. The
right-of-way acquired for the Newport Boulevard project by the City cannot be transferred until
the project is accepted by Caltrans. Therefore, staff requests City Council approval of the
amendment to the Cooperative Agreement 12-457 extending the term of the agreement to
December 31, 2012. Staff also requests City Council authorization for the Mayor and City Clerk
to execute the amendment to the cooperative agreement.
ANALYSIS:
All American Asphalt:
All American Asphalt's original construction contract was approved for $4,294,449. During the
course of the project, many modifications were made to enhance the project beyond the original
design plans. These included resurfacing of the entire width of Newport Boulevard with rubberized
asphalt, removal and reconstruction of damaged curb -and -gutter along the east side of Newport
Boulevard, and construction of additional decorative crosswalks. The original project only included
paving on the widened portion of Newport Boulevard, and limited curb -and -gutter work.
The major change orders for the project were as follows:
Change Order No. 1: Paving the entire width of Newport Boulevard between north of
19th Street and 17th Street with rubberized asphalt -
$317,555.22;
Change Order No. 2: Drainage improvements to address reconstruction of damaged
curb/gutter in the east side of Newport Boulevard and to
address utilities at Broadway - $90,041.65;
Change Order No. 3: New decorative crosswalks at two locations - $50,088;
Change Order No. 4: Irrigation modifications and landscaping - $51,073.47;
Change Order No. 5: Electrical and signal modifications - $85,728.80.
The remaining change orders are relatively minor and are typically required for a project
administered under Caltrans' guidelines. The total change orders and quantity adjustments to
date in the amount of $380,000 represent approximately eight percent (8%) of the original bid.
Considering the need for further enhancements, and available grant funding for the project, staff
requests City Council authorization to implement additional improvements to build on the
Newport Boulevard project. These include:
❖ Construction of additional decorative crosswalks within project limits at the following locations:
• Newport Boulevard -17th Street Intersection;
• Newport Boulevard -Cabrillo Avenue;
• Newport Boulevard-Rochester/18th Street;
• Newport Boulevard -East 18th Street; and
• Newport Boulevard -East 19th Street.
❖ Paving on side streets in the vicinity of Newport Boulevard in conjunction with the above
decorative crosswalk work.
❖ Decorative sidewalk south of Rochester.
All American Asphalt has submitted a cost proposal for the construction of the above additional
items as a change order to the original project (Attachment 2) in the amount of $700,000.
Based on the review of unit costs submitted for the original project and recent bids, the
proposed cost is determined to be reasonable and is also within the available grant funding for
the project. According to All American Asphalt's schedule, all work can be completed within
four to six weeks of authorization.
Staff supports the completion of the above elements as it will contribute to the pedestrian and
aesthetic elements within the entire project area. It also capitalizes on available grant funding to
build on well-received improvements in this important downtown corridor.
Jacobs Civil, Inc.:
Jacobs Civil, Inc., was responsible for the Construction Management and Inspection Services
contract for the Newport Boulevard project. The original contract amount for their services was
$233,017.99. However, as a result of the above-mentioned construction change orders to date,
there have been additional costs associated with the Construction Management and Inspection
Support Services contract. Jacobs has expended considerably higher number of hours than
budgeted due to increased scope of the project, as well as to handle night-time and day -time
project construction activities. In addition, significant, additional manpower was required to address
business and community issues throughout the duration of the project.
The actual number of hours to date that Jacobs has expended on the project is over 50 percent of
the original estimate and the total value of the services is in excess of $100,000. However, based
on negotiations with City staff, the amount of additional compensation was reduced to $70,000.
Staff supports this requested increase in compensation, bringing the total value of Jacobs Civil,
Inc.'s, services to $303,017.99. Considering the total cost of the project to date, this represents
approximately six and one-half percent (6.5%) of the construction cost. This is significantly below a
typical ratio of such services which is in the range of ten to twelve percent (10% to 12%) of
construction cost. In consideration of the above, staff requests City Council authorization for the
City Manager to execute the change order to Jacobs Civil, Inc., in the amount of $70,000.
ALTERNATIVES CONSIDERED:
One alternative to this Council action would be to reject the All American Asphalt CCO for additional
work and close out the Newport Boulevard project. Staff will undertake procedures to complete the
necessary documents for project close out and request City Council acceptance of the project.
Another alternative would be to reject Jacobs Civil, Inc.'s, request for additional compensation for
work completed. This will result in a potential claim from Jacobs Civil, Inc. Another alternative
would be to not approve the amendment to Caltrans Cooperative Agreement. This will result in
suspension of Caltrans' support of the project and significantly delay the transfer of right-of-way
acquired for the project to Caltrans. This will increase City liabilities as the City will continue to have
ownership of a portion of roadway in Caltrans' jurisdiction.
FISCAL REVIEW:
The funds for the CCOs will be derived from the Measure M and federal TEA grants already
appropriated for the project. No City funds are used to fund the project. Budget Adjustment No.
09-009, authorized by the City Council on
established the construction phase budget.
cooperative agreement.
LEGAL REVIEW:
November 18, 2008, recognized these revenues and
There is no fiscal impact with the amendment to the
All required change order processes will be coordinated and reviewed by the City Attorney's office.
Staff requests City Council authorization for the City Manager to execute the change orders and
any necessary modifications to agreements/contracts pertaining to change orders. The City
Attorney's office has reviewed and approved the amendment to the cooperative agreement as to
form.
CONCLUSION:
The cooperative agreement with Caltrans on the design and right-of-way phases of the project has
expired and will need to be extended. Staff supports the attached amendment to the Cooperative
Agreement 12-457 to extend the agreement duration to December 31, 2012. This will ensure
completion of all required processes to transfer Caltrans' right-of-way following project acceptance.
All American Asphalt, Inc., has substantially completed the work on the Newport Boulevard
Improvement Project at a cost of $4.64 million. Staff requests Council authorization for All
American Asphalt to conduct certain additional improvements to utilize the grant funding within
project limits. The total cost to construct these additional improvements is $700,000.
Jacobs Civil, Inc., provided Construction Management and Inspection Services on the Newport
Boulevard project. Their original estimate of $233,017.99, was exceeded significantly due to
additional work to date on the project, as well as due to shortage of staff support on the project.
Staff supports Jacobs request for additional compensation in the amount of $70,000 towards
this project.
RAJA SETHURAMAN
Transportation Services Manager
PETER NAGHAVI
Director, Department of Public Services
ATTACHMENTS: 1 - Amendment to Cooperative Agreement 12-457
2- Contract Change Order to All American Asphalt
3- Contract Change Order to Jacobs Civil, Inc.
4- Newport Boulevard Improvement Prosect
DISTRIBUTION: City Manager
Assistant City Manager
City Attorney
City Clerk
Development Services Director
Transportation Services Manager
4
12 -ORA -55 -PM 1.4412.04
Newport Blvd. Widening
Froml7th to 19th Street
12209-098401
District Agreement No. 12-457 A2
AMENDMENT No. 2 TO AGREEMENT
(RE -AFFIRMATION of AGREEMENT No. 12-457)
This AMENDMENT No. 2 TO AGREEMENT (AMENDMENT), ENTERED INTO
EFFECTIVE ON 2009 between the STATE OF CALLFORNIA,
acting by and through its Departinent of Transpprtation referred to herein as STATE, and
CITY OF COSTA MESA, a body politic and a municipal
corporation of the State of California, referred to herein as "CITY".
C -r
RECITALS
1. The parties hereto (PARTIES) entered into an Cooperative Agreement No.12-457,
hereinafter- AGREEMENT, on July, 1 2002 defining the terms and conditions of a project
to design and pre -construction activities for the widening of State Route SR -55 From 17th
Street to 19th Street, referred to herein as "PROJECT".
2. The PARTIES hereto also entered into an Amendment No. 1 to Agreement on September
13, 2006, to extend the termination date from December 31, 2004 to December 31, 2008.
3. PROJECT was not completed prior to the termination date as stated in AGREEMENT.
4. AGREEMENT expired on December 31, 2008 and is herein revived by PARTIES to
this AMENDMENT by reaffirming their rights, liabilities and obligations under
AGREEMENT.
IT IS THEREFORE MUTUALLY AGREED:
1. The termination date specified in Section III, "It Is Mutually Agreed", Article 17 of the
AGREEMENT shall now be December 31, 2012 instead of December 31, 2008.
2. The other terms and conditions of AGREEMENT are herein incorporated by reference
and re -affirmed by PARTIES.
3. PARTIES also ratify herein PARTIES' actions during the period from December 31,
2008 to the effective date of the amendment.
PARTIES empowered by Street and Highways Code section 114 & 130 to enter into
AGREEMENT have delegated to their undersigned authority on behalf of the respective
agencies and covenants and have followed all the necessary legal requirements to validly
execute this AMENDMENT.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized
officers.
STATE OF CALIFORNIA
Department of Transportatiou
RANDY 1'I_ IWASAKI
Director of Transportation
By:
Jim Beil
Deputy District Director
APPROVED AS TO FORM AND
PROCEDURE:
CITY OF COSTA MESA
By: —
Mayor
By.
City Clerk
APPROVED AS TO FORM AND
PROCEDURE:
Attorney City Attorney
Department of Transportation
CERTIFIED AS TO FUNDS:
District Budget Manager
Neda Saber
4
Date:
ATTACHMENT 2
CITY OF COSTA MESA
PROJECT ADMINISTRATION
CONTRACT CHANGE ORDER NO. 10 SUPPL NO. REV.
ROAST Newoort Boulevard SHEET 1 OF 1 SHEET
FEDERAL NO.(S)
CITY SPECIFICATION NO.
To All American Asphalt, Inc. Contractor
You are hereby directed to make herein described changes from the pians and speci#tcations or do the following described work not
included in the plans and specifications on this contract.
NOTE: This change order is not effective until approved in accordance with Council Policy No. 700-1
Description of work be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price,
agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually
used and no allowance will be made for idle time.
Change Requested by : CITY
The last percentage shown is the net accumulated Increase or decrease from the original quantity in the Bid Proposal.
ADDITIONAL WORK AS FOLLOWS:
Additional work to transition and join existing improvements on adjoining streets (W Street, Flower, Broadway, Rochester,
East and West 18th Street, Cabrillo Street, 17th Place, and 171h Street) to newly constructed work on Newport Boulevard.
Contractor shall be paid at unit prices andlor previousty negotiated prices, except for the asphalt concrete work for complete
street reconstruction, traffic stripping and markings, traffic control and shift differential items, which shall be paid on a force
account basis.
ESTIMATED COST INCREASE $700.000.00
By reason of this order the time of completion will be adjusted as follows: to be negotiated
Submitted by: Date:
Approval Recommended: Date:
Approved: Date:
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is
approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services
necessary for the work above specified, and will accept as full payment therefor the prices shown above.
Accepted, Date Contractor
By Title
If the Contractor did not sign acceptance of this order, his attention is directed to the requirements of the specifications as to
proceeding with the ordered work and filing a written protest within the time therein specified.
101
Newport Boulevard Change Order No. 10 Cost breakdown
Item of Work Cost Estimate: $699,153.58
Decorative Crosswalk
17th Street
$ 200,785.20
17th Place
$
10,899.77
Cabrillo
$
10,899.77
Rochester
$
10,899 77
E. 18th Street
$
10,899.77
Flower
$
10,899.77
W. 18th Street
$
21,799.54
Subtotal: $277,083.58
Decorative Sidewalk and Misc. Concrete
C&G at 17th Place
$ 2,000.00
Grant Boys Sidewalk
$ 8,580.00
Donut Shop Sidewalk
$ 8,200.00
Alley on Flower
$ 3,600'.00
Subtctai: $ 22,380.00
Reconstruction of Pavement
Flower Street
$178,000.00
Rochester
$ 68,000.00
Subtotal:
$ 246,000.00
Mill and Overlay Work
17th Street $ 40,000.00
W 18th Street $ 35,000.00
Subtotal: $ 75,000.00
Replace Traffic Loops, Stripping and Markings
17th Street $ 16,000.00
W. 18th Street $ 8,000.00
Subtotal: $ 24,000.00
Other Items of work (Force Account)
1. Cost estimate for wheelchair ramp on west side of Superior $4,690.00
2. Traffic Control and Shift Differential Costs $40,000.00
3. Landscape Modifications $5,000.00
CITY OF COSTA MESA '
PUBLIC SERVICES DEPARTMENT
CONTRACT CHANGE ORDER NO. 1 SUPPL NO. REV.
Project: NEWPORT BOULEVARD IMPROVEMENT PROJECT SHEET 1 OF 1 SHEET
FEDERAL NO.(S)
CITY SPECIFICATION NO. PO NO. 0000006983
To JACOBS CIVIL INC. Consultant
You are hereby directed to make the herein described changes or do the following described work not included in the Original scope of
work approved with the original contract or previously approved change orders.
NOTE: This change order is not effective until approved in accordance with Administrative Regulation No. 1.5
Description of work be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price,
agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actuaily
used and no allowance will be made for idle time.
Change Requested by: Project Manager
The last percentage shown is the not accumulated increase or decrease from the original quantity in the Fee Proposal.
1. EXTEND CONTRACT TIME
2. ADDITIONAL SERVICES:
Construction inspection support services for additional work performed by the Contractor and forextended duration of
the contract.
Total Cost - $70,000
The terms and conditions of the original contract remain in effect
Amount
Original Contract Amount:-------------------------------------------------------------- $233,017.99
Previously Approved Changer Orders: ------------- ---------------- -------------------- $0.00 0.0%
Amount This Change Order:--------------------------------------------------------------- $70,000.00 30.0%
Revised Contract Amount:-------------------------------------------------------------------- $303,017.99 30.0%
TOTAL COST INCREASE: $70,000.00
By reason of this order the time of
completion will be adjusted as follows: December 31 2010
Prepared by: Date:
Submitted by: pate:
Approval Recommended: Date:
Approved: Date:
We, the undersigned consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is
approved, that we will provide all equipment, furnish all materials, except as may otherwise he noted ahave, and perform all services
necessary for the work above specified, and will accept as full payment therefor the prices shown above.
Accepted, Date Consultant
By Tit e
If the Consultant did not sign acceptance of this order, his attention is directed to the requirements of the specifications as to
proceeding with the ordered work and filing a written protest within the lime therein specified.
UJACOBS
Client: City of Costa Mesa
Transportation Services
77 Fair Drive, Costa Mesa, CA 92626
Attn: David Sorge
Project Manager
Project: Newport Blvd. Improvement Project
Jacobs Project No.: W9X11200
Invoice NO: W9X11200-08
Date: 6 -Oct -09
Billing Period: W29109 - 10!2109
Contract Value: $233,017.99
$233,017.99
Hours
Cost
Rate
Current
Prfor
PTD
Current
Prior
PTD
LAMERE, THOMAS C
1oa.re 140.0
1,278.00
1,418.0
15,229.20
139,020.84
154,250.04
LAMERE, THOMAS C
13R,t6 27.0
261.50
288.5
3,676.32
35,605.84
39,282.16
MARTIN, JASMINE A
32.86 13.0
427.05
SCHULTZ, JOANNE E
159.52 -
14.00
14,0
-
2,233.28
2,233.26
VARSHOCHI, KARIM
139.42 50.0
608.00
658.0
6,971.00
84,767.36
91,738.36
YU, MINGKAI CLFMFNTINE
68.19 -
20.0.0
20.0
-
1,323.80
1,323.80
230.0
2,181.50
2,398.5
26,303.57
$262,951.12
$288,827.64
Current Labor Total
$26,303.57
This
Previous
Total
Other Direct Costs
Invoice
Total
To Date Extended
Vehicles (Lamere full time
1,250 - Varschoohi
Pro rated 390.63)
$1,640.63
14,164,44
$15,8D5 07
$1,640.63
Communications (Lamere
full time $80,
Varschochi Pro rated $25)
$105.00
906.50
$1,011.50
$105.00
Suhconsultants
$0.00
22,365.00
$22,365.00
$0,00
Total Other Direct Costs
$1,745.63
37,435.94
$39,181.57
$1,745.63
Task Order Total
This invoice
$28,049,20
Dollars Spent
141 %
Previous Total
$300,387.06
New Total
$328,436.26
9emaining Budget
-$95,418.27
$26,049.20
It is hereby certifiedad all%
ligations received and vedfled
for labor and mate dais furnished
and equipment used during the
periods prior to this in ice hav een paid in iull.
\'
Q
Remit To:
Jacobs Civil, Inc_
CIO Bank of America
Karim Varshochi 1 Projec
anage
Lockbox Dept. 4th Floor
Lockbox 18713F
800 Market Street
St. Louis, MO 63101
Account No. 3750916030 � ~
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