The URL can be used to link to this page

Home My WebLink AboutPW Francisco Boulevard East Sidewalk Improvements Project____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: November 15, 2021 Disposition: Resolution 14998 Agenda Item No: 5.e Meeting Date: November 15, 2021 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Bill Guerin, Director of Public Works City Manager Approval: ________ TOPIC: FRANCISCO BOULEVARD EAST SIDEWALK IMPROVEMENTS PROJECT SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH PARK ENGINEERING, INC. FOR ADDITIONAL CONSTRUCTION INSPECTION AND MATERIALS TESTING SERVICES, IN AN ADDITIONAL CONTRACT AMOUNT NOT TO EXCEED $35,000. RECOMMENDATION: Adopt a resolution approving and authorizing the City Manager to execute a first amendment to the agreement with Park Engineering, Inc. for additional construction inspection and materials testing services in an amount not to exceed $35,000, increasing the total not-to-exceed amount under the agreement to $408,504. BACKGROUND: The Francisco Boulevard East Sidewalk Improvements project (“Sidewalk Project”) is the final phase of a multi-project, long-term vision that will fill a significant bicycle/pedestrian safety gap within a major north-south corridor and will successfully link to other recently constructed bicycle/pedestrian improvements, most notably the pedestrian bridge crossing the San Rafael Canal installed in 2019. Upon completion of the Sidewalk Project, a seamless bicycle/pedestrian facility from Downtown to the Canal Neighborhood will be realized and greatly improve safety and connectivity in East San Rafael. In May 2020, the City awarded the construction contract to Ghilotti Bros, Inc. and authorized the execution of the professional services agreement for Park Engineering, Inc. to provide construction inspection and materials testing services. The contract was executed between the City and Park on July 12, 2020. On July 6th, 2020, Ghilotti Bros, Inc. began construction with an initial estimated completion 200 days from the Notice to Proceed. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 ANALYSIS: Field work is nearly complete but, to date, the construction effort has experienced a number of delays including utility conflicts with per-plan drainage and electrical work, added storm drain pipe improvements, added signal interconnect work, delay to new PG&E connection, COVID manufacturing impacts to various materials, and delay to the final planting related to the severe drought in Marin County. These impacts total to a need for an approximate 115 working day time extension. These added working days have moved the estimated completion date to early December 2021 thus necessitating this amendment to the original agreement with Park Engineering, Inc. to ensure that they are able to continue providing construction inspection services for this project. FISCAL IMPACT: The proposed first amendment will increase the professional services agreement total by $35,000, for a total not-to-exceed amount of $408,504. $35,000 will be appropriated in the Gas Tax Fund 206 and reimbursed by two federal grants from the Active Transportation Program and the Congestion Mitigation and Air Quality Improvement Program. OPTIONS: The City Council has the following options to consider relating to this matter: 1. Adopt the resolution as presented. 2. Do not adopt the resolution and provide further direction to staff. RECOMMENDED ACTION: Adopt a resolution approving and authorizing the City Manager to execute a first amendment to the agreement with Park Engineering, Inc. for additional inspection and materials testing services in an amount not to exceed $35,000. ATTACHMENT: 1. Resolution 2. First Amendment to the Professional Services Agreement with Park Engineering, Inc. for Professional Services for the Francisco Boulevard East Sidewalk Improvements Project, and corresponding Exhibit A (revised scope of work) 1 RESOLUTION NO. 14998 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH PARK ENGINEERING, INC. FOR ADDITIONAL CONSTRUCTION INSPECTION AND MATERIALS TESTING SERVICES, IN AN ADDITIONAL CONTRACT AMOUNT NOT TO EXCEED $35,000 WHEREAS, pursuant to City Council Resolution No. 14796, the City of San Rafael and Park Engineering, Inc. entered into a Professional Services Agreement dated June 12, 2020 for inspection and materials testing services associated with the City’s project to improve the sidewalk along Francisco Boulevard East, for an amount not to exceed $373,504 (the “Agreement”); and WHEREAS, the City requires additional construction inspection and materials testing services from Park Engineering, Inc. to cover the 115 working days that have been added due to change orders and additional testing for unanticipated items; and WHEREAS, staff received a proposal from Park Engineering, Inc. for the additional required services in a total amount not to exceed $35,000; and WHEREAS, staff has reviewed the proposal and found it to be complete and within industry standards; and WHEREAS, $35,000 will be appropriated from the Gas Tax Fund 206 and reimbursed by two federal grants from the Active Transportation Program and the Congestion Mitigation and Air Quality Improvement Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The Council hereby approves and authorizes the City Manager to execute a first amendment to the Agreement with Park Engineering, Inc. for additional construction inspection and materials testing services in connection with the Francisco Boulevard East Sidewalk Improvement Project, in the amount of $35,000 and a revised total contract value not to exceed $408,504, in the form included with the staff report supporting this resolution, subject to final approval as to form by the City Attorney. 2 2. The Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 15th day of November 2021, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk 1 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH PARK ENGINEERING, INC. FOR PROFESSIONAL SERVICES FOR THE FRANCISCO BOULEVARD EAST SIDEWALK IMPROVEMENTS PROJECT THIS FIRST AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter “CITY”), and PARK ENGINEERING, INC., (hereinafter “CONSULTANT”), is made and entered into as of the ______ day of ________________, 2021. RECITALS WHEREAS, pursuant to City Council Resolution No. 14796, the CITY and CONSULTANT entered into a contract dated June 12, 2020 for construction inspection and materials testing services associated with the CITY’S project to improve the sidewalk along Francisco Boulevard East, for an amount not to exceed $373,504 (the “Agreement”); and WHEREAS, the CITY requires additional construction inspection and materials testing services from the CONSULTANT to cover the 115 working days that have been added due to change orders and additional testing for unanticipated items, and the CONSULTANT is willing to provide such services; AMENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows: 1. Article III of the Agreement, entitled “STATEMENT OF WORK” is hereby amended to include the additional services set forth in CONSULTANT’s proposal entitled “Revised Scope of Services” dated October 28, 2021, attached to this First Amendment as Exhibit “A” and incorporated herein by reference. 2. Article V of the Agreement, entitled “ALLOWABLE COSTS AND PAYMENTS” is hereby amended to include additional compensation payable to CONSULTANT for the services described in Exhibit “A” to this First Amendment, on a time and materials basis in accordance with the “Revised Cost Proposal Summary & Schedule” included in Exhibit “A”, in a 2 not-to-exceed amount of $35,000, and to change the total not-to-exceed amount under the Agreement to $408,504. 3. Except as specifically amended herein, all the other provisions, terms, and obligations of the Agreement between the parties shall remain valid and shall be in full force. IN WITNESS WHEREOF, the parties have executed this First Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL CONSULTANT: PARK ENGINEERING, INC. ______________________________ By:_____________________________ JIM SCHUTZ, City Manager Name:__________________________ Title:____________________________ ATTEST: and ______________________________ LINDSAY LARA, City Clerk By:_____________________________ Name:__________________________ Title:_____________________________ APPROVED AS TO FORM: ______________________________ ROBERT F. EPSTEIN, City Attorney October 28, 2021 Ms. April Miller, City Engineer City of San Rafael, Public Works Department 111 Morphew Street San Rafael, CA 94901 Dear April, As previously discussed, Park Engineering Inspection Services budget for the City’s Francisco Blvd East Sidewalk Improvement Project (City Project #11349) has almost been expended (less than $2,000 remaining) with work still to be completed. Our original inspection and materials testing budget was based on information provided by the City for 200-days of an estimated duration, with a small allowance of overtime. Field work is nearly complete but, to date, the construction efforts has experienced a number of delays – utility conflicts with per plan drainage and electrical work, added storm drain pipe improvements, added signal interconnect work, delay to new PG&E connection, COVID manufacturing impacts to various materials, and delay to the final planting related to the severe drought in Marin County. These impacts total to an approximate 115 working day time extension. This extension has expended the original inspection budget prior to completion of the field work and close-out effort on the project files. As none of the time extension impacts were a result of Park Engineering’s effort on the project, enclosed please find an additional budget estimate of $35,000 for Construction Inspection Services to complete the project through the end of 2021. This estimate includes field time for the remaining storm drain and landscaping work, scheduled to complete in November, as well as hours to complete final payment to the Contractor and overall project files / documentation. There is also a small allowance for an remaining materials testing invoices to be paid. If there are any questions, or if any additional information is needed, please contact me on my mobile at 510-701-0319 or at spatterson@park-eng.com. Sincerely, Steve Patterson, P.E. Vice President Attachment Orinda Office 372 Village Square Orinda, CA 94563 Tel: 925-257-2508 Fax: 925-401-7030 Emeryville Office 3960 Adeline Street, #3 Emeryville, CA 94608 Tel: 925-257-2508 Fax: 925-401-7030 PARK ENGINEERING Please remit to: Park Engineering 372 Village Square Orinda, CA 94563 Invoice City of San Rafael Date: October 28, 2021 Department of Public Works PEI Project # 20006 111 Morphew Street Invoice #: 20006-XX San Rafael, CA 94901 Attention: April Miller, P.E. File No. 16.01.241.01 / Project No. 11349 Name Position/Service Hours Rate Amount Steve Patterson, P.E.Construction Manager 120 189.42$ 22,730.40$ James Beauchamp Inspector 100 127.11$ 12,711.00$ James Beauchamp Inspector - Overtime 0 190.67$ -$ Subtotal 35,441.40$ Direct Costs: Name Amount AME 1,500.00$ Subtotal 1,500.00$ Total Invoice Amount 36,941.40$ Contract Summary: Submitted by:This Invoice 36,941.40$ Previous Invoices 371,723.54$ Total to Date 408,664.94$ Contract Amount 373,504.00$ Jaemin Park, P.E.Budget Remaining (35,160.94)$ President Percent Complete 109.41% Construction Inspection Services for Francisco Blvd East Sidewalk Improvements Estimate To Complete Service Materials Testing and Source Inspection PARK ENGINEER ING