Approved for use 2/15/20
2034384v3.doc City of MB Form
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MANHATTAN BEACH AND ARDURRA GROUP INC.
This First Amendment (“Amendment No. 1”) to that certain agreement by and between the City of Manhattan Beach, a California municipal corporation (“City”) and Ardurra Group, Inc., a Florida corporation (“Consultant”) (collectively, the “Parties”) is hereby made effective as of the date of the last authorized representative signature below (“Effective Date”).
RECITALS
A. On October 19, 2021, the City and Consultant entered into an agreement for professional services for the Consultant to provide inspection and construction management services for the Polliwog Park Lower Playground Replacement Project (“Agreement”).
B. The Parties now desire to amend the Agreement to increase the Maximum Compensation and modify the Scope of Services and Approved Fee Schedule.
NOW, THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereby agree as follows:
Section 1. Section 3. A of the Agreement is hereby revised to increase the Maximum Compensation amount by $ 152,598.18, for a new Maximum Compensation of $446,698.18.
Section 2. Exhibit A (Scope of Services) of the Agreement is hereby amended to add the attached Exhibit A of this Amendment No. 1.
Section 3. Exhibit B (Approved Fee Schedule) of the Agreement is hereby amended to add the attached Exhibit B of this Amendment No. 1.
Section 4. Except as specifically amended by this Amendment No. 1, all other provisions of the Agreement shall remain in full force and effect.
[SIGNATURE PAGE FOLLOWS]
DocuSign Envelope ID: 4A7A4699-2C18-4AD0-B192-98B76CD6FB55 Approved for use 2/15/20
2034384v3.doc City of MB Form
IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 1 on the day and year first shown above.
City:
City of Manhattan Beach,
a California municipal corporation
By:
Name: Bruce Moe
Title: City Manager
ATTEST:
By:
Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO FISCAL IMPACT:
By:
Name: Steve S. Charelian
Title: Finance Director
APPROVED AS TO CONTENT:
By:
Name: Erick Lee
Title: Public Works Director
Consultant:
Ardurra Group Inc.,
a Florida Corporation
By:
Name: Lisa Penna, PE
Title: Vice President, Regional Director
By:
Name: Cathy Cahill
Title: Chief Financial Officer
-2-
DocuSign Envelope ID: 4A7A4699-2C18-4AD0-B192-98B76CD6FB55 12/5/2022
12/6/2022
12/6/2022
12/6/2022
12/6/2022
A-1
EXHIBIT A
SCOPE OF SERVICES
September 26, 2022
Katherine Doherty, PE, ENV SP, City Engineer
City of Manhattan Beach
3621 Bell Avenue
Manhattan Beach, CA, 90266
Subject: Amendment Request for Extended Professional Construction Management (CM) and Inspection Services for the Manhattan Beach Polliwog Park Lower Playground Replacement Project
Dear Ms. Doherty,
Ardurra Group, Inc. (Ardurra) respectfully requests a contract amendment from the City of Manhattan Beach (City) for the subject project’s extended schedule and services outside the scope of our original contract for construction management (CM), inspection, and related services.
Project Understanding
Ardurra’s original contract was to provide required services for a period of 140 construction days along with 10 additional days for preconstruction and post- construction activities, beginning on the Ardurra contract execution date of October 19, 2021, and ending tentatively in March 2022. As previously discussed and documented with City representatives in an email sent on February 17, 2022, and in the original amendment request submitted on May 10, 2022, the previously-documented issues continue to have substantial impacts on the project. The completion date and the level of effort required to complete the project has resulted in additional costs for construction management services.
Ardurra’s involvement prior to issuance of the Notice of Proceed (NTP) and during the contractor’s demobilization period resulted in an increased effort to move the project forward through a projected completed date of February 6, 2023, and the additional tasks listed below.
Issuance of the Notice to Proceed and delay of the construction start date:
o Discuss with the City Engineer the negative impacts of issuing an NTP with the selected procurement method, Owner Furnished Contractor Installed (OFCI), without the confirmation of the play equipment delivery. o Facilitate the issuance of an administrative NTP to begin the submittal review process and assisted the Contractor with submittal identification, reiterating the necessity to submit the required documents. o Assist the Contractor in preparing the Critical Path Method (CPM) schedule through various drafts due to the unusual circumstances surrounding unknown delivery timelines.
o Coordinate mobilization date with the contractor to mitigate additional delays to the completion of the project.
DocuSign Envelope ID: 4A7A4699-2C18-4AD0-B192-98B76CD6FB55
A-2
Coordination efforts related to the shade sail deferred submittal:
o Coordinate review meetings to ensure shade sail heights align with the play equipment clearances and achieve the City’s vision for the park. o Track and follow up with the Contractor and shade sail vendor through design, engineering, and procurement.
Requested coordination efforts to accommodate the City’s request to assess the repurposing of the old Polliwog Park swing set to El Porto Park. Additional coordination efforts with the equipment vendor, Kompan, for the delayed delivery of the park equipment and receiving and offloading of the shipment by the Contractor:
o Tracking of Playground Equipment Shipment:
o Continual coordination and communication between the City, Kompan, and Ardurra regarding:
Procurement and production delays due to manufacturing in the Czech Republic. Shipment and port entry delays.
Facilitating play equipment delivery – shipment #1:
Continual coordination and communication between the City, Kompan, and Ardurra included, but not limited to the following:
o Identification of storage options for shipment #1 due to the first shipment arriving prior to mobilization and the City’s inability to secure storage. o Coordinate with Kompan transit team in Texas.
o Arrange City-required “No Parking” sign placement along with delineations with the Contractor.
o Review Contractor cost proposals.
Facilitating play equipment delivery – shipment #2:
Continual coordination and communication between the City, Kompan, and Ardurra included, but not limited to the following:
o Coordinate with Kompan transit team in Texas for equipment delivery of shipment.
o Arrange City-required “No Parking” sign placement along with delineations with the Contractor.
o Work with MB Unified School District and MB Middle School for identification of safety issues related to the delivery; assisted superintendent with draft parent notification.
o Schedule, cancel, and reschedule delivery due to the playground redesign #2.
On July 12, 2022, the Contractor demobilized due to time required to complete the redesign of the playground layout to address the conflicts between the play equipment footings and shade sail foundations and the shallow sewer line. Ardurra’s efforts continued during the demobilization period.
DocuSign Envelope ID: 4A7A4699-2C18-4AD0-B192-98B76CD6FB55
A-3
Additional coordination, communication, and meeting efforts between the City, Engineer of Record, Contractor, Kompan, and Ardurra for the redesign of the playground layout due to the discovery of an unmarked/unidentified concrete slab and shallow sewer main included, but not limited to:
1st Redesign of playground:
o Discuss identified conflicts between the play equipment footings and shade sail foundations and the concrete slab and sewer main. o Review of revised layout for compatibility and completeness to identify potential issues before issuance of revised plans.
o Review of the revised resilient PIP surface for design, color layout, and quantities.
o Coordinate revised shade sail structure re-engineered plans. o Coordinate a revised rendering of the redesigned playground layout from Kompan and conducted follow-ups with them for the City’s publication.
Ardurra followed up with Kompan on August 30, 2022, regarding the revised rendering in which Kompan informed City staff and Ardurra about the change in the shipped Birdwatch Tower Slide dimension that significantly increased in length (approximately 6 to 8 feet) resulting in compliance and safety conflicts with the revision #1, which necessitated a redesign #2.
2nd Redesign of playground:
o Discuss identified conflicts between the play equipment and fall zones. o Review of revised layout for compatibility and completeness to identify potential issues before issuance of revised plans.
o Review of the revised resilient PIP surface for design, color layout, and quantities.
o Coordinate confirmation that revised shade sail structure reengineered- engineered plans are not required.
o Work with the play equipment vendor to obtain verification of structural reengineering approval from their overseas team regarding the redesign. o Follow-up with the play equipment vendor to obtain City-required written approval of redesigns in compliance with fall zones and engineering requirements.
o Coordinate a revised rendering of the redesigned playground layout from Kompan.
Coordination / review of additional PCOs related to the redesign. o Demobilization / remobilization.
o Play equipment offloading.
o Shade sail structure reengineering.
o Re-survey of all construction staking.
o Additional re-grading and reforming of the proposed concrete curb of the park footprint.
o City-requested protective concrete slab extension over sewer line.
DocuSign Envelope ID: 4A7A4699-2C18-4AD0-B192-98B76CD6FB55
A-4
o
o Resilient PIP surface – additional quantities as a result of new park layout and footprint.
City requested Ardurra to engage a firm for CPSI Playground Inspection services as required by California law:
o This service was not included in the City’s RFP or as part of Ardurra’s original proposed scope of work.
o Coordinate with CPSI firm to thoroughly identify the additional services to ensure compliance relating to play equipment distances (fall zone compliance).
o Proposed scope to include:
1) Plan review and comments.
2) Site inspections and reports (2 each).
3) Pre-completion site visit and summary.
4) Impact tests and reports (2 each).
The impacts on the project completion schedule and related construction management efforts were not anticipated in Ardurra’s proposed and contracted scope and fee. Ardurra has endeavored to mitigate the impacts on the CM budget by efficiently managing the available allocations in our fee and efficient use of our staff. However, at this time we anticipate the remaining balance in the contract budget for CM and inspection will not be sufficient to fund the estimated time required to complete the project. Accordingly, Ardurra respectfully requests an amendment to the contract to cover these additional costs.
Scope of Services/Staffing
Ardurra proposes to continue its CM and inspection services through the updated expected Project completion date. Our CM team has been involved with the project from its beginning stages and are very familiar with the issues and current progress and will provide continuity to maintain an integral role in navigating this project through its challenges.
Should you have any questions or require additional information, please contact me at (714) 458-0703 or [email protected] or Omar Alameddine at (949) 533-3012 or [email protected]. We look forward to continuing our work with the City on this important project.
Respectfully
submitted, Ardurra
Group, Inc.
Dino D’Emilia, PE. F. ASCE, QSD Omar Alameddine California Public Works Practice Director Group Leader, Project/Construction Management Services
DocuSign Envelope ID: 4A7A4699-2C18-4AD0-B192-98B76CD6FB55
B-1
EXHIBIT B
APPROVED FEE SCHEDULE
Ardurra’s estimated fee was prepared based on the understanding that the Contractor has 79 working days remaining to complete the project with a projected additional 5 working days for extra work/rework for previously installed improvements due to the redesign. In addition, the fee also includes a construction contingency allowance should the completion date extend beyond the anticipated February 6, 2023 date. ESTIMATED FEE First Amendment Request for Extended Professional CM and Inspection Services for the Polliwog Park Lower Playground Replacement Project
City of Manhattan Beach
Current Contract Status
Original Contract Amount $ 294,100.00 Amendments to Date $ - Current Contract Amount $ 294,100.00 Billed to Date (Through 8/31/2022) $ 161,713.18 Current Contract Balance $ 132,386.82 Remaining Construction Period (estimate)84 Working Days (October 3, 2022 to February 6, 2023) TITLE Est. Hours Per
Day
Total
Hours Hourly Rate Extended
Fee
Principal-in-charge 0.00 0.00 $ 2 30.00 $ - Construction Manager 2.00 168.00 $ 200.00 $ 33,600.00 Public Works Inspector
(Prevailing Wage)
8.00 672.00 $ 145.00 $ 97,440.00 Project Controls Engineer 4.00 336.00 $ 135.00 $ 45,360.00 Subtotal Remaining Fee $ 176,400.00 Remaining Post-Construction Period 10 Working Days
TITLE Est. Hours Per
Day
Total
Hours Hourly Rate Extended
Fee
Principal-in-charge 0.00 0.00 $ 2 30.00 $ - Construction Manager 2.00 20.00 $ 200.00 $ 4,000.00 Public Works Inspector
(Prevailing Wage)
4.00 40.00 $ 145.00 $ 5,800.00 Project Controls Engineer 4.00 40.00 $ 135.00 $ 5,400.00 Subtotal Remaining Fee $ 15,200.00 Geotechnical, Materials Testing
and Special Inspection (Geo-
Advantech, Inc.)
$ 22,350.00 Procure License Fee $ 3,435.00 Miscellaneous ODCs (Allowance) $ 8,000.00 CPSI Inspection (Allowance) $ 5,000.00 Subtotal Remaining Fee $ 38,785.00 DocuSign Envelope ID: 4A7A4699-2C18-4AD0-B192-98B76CD6FB55
B-2
Contingency Construction Phase 26 Working Days
TITLE Est. Hours Per
Day
Total
Hours Hourly Rate Extended
Fee
Principal-in-charge 0.00 0.00 $ 2 30.00 $ - Construction Manager 2.00 52.00 $ 200.00 $ 10,400.00 Public Works Inspector
(Prevailing Wage)
8.00 208.00 $ 145.00 $ 30,160.00 Project Controls Engineer 4.00 104.00 $ 135.00 $ 14,040.00 Subtotal Contingency Allowance $ 54,600.00 Additional Requested Services
Requested Amendment Amount $ 152,598.18 Terms and Conditions: Subject to the Agreement for Consulting Services between the City of Manhattan Beach and Ardurra Group, Inc., dated October 19, 2021.
DocuSign Envelope ID: 4A7A4699-2C18-4AD0-B192-98B76CD6FB55