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HomeMy WebLinkAboutPW Grand Avenue Pathway Connector Project; 5th Amendment____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 4-3-665 Council Meeting: 02/19/2019 Disposition: Resolution 14639 & 14640 Agenda Item No: 4.e Meeting Date: February 19, 2019 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Bill Guerin, Director of Public Works City Manager Approval: ________ File No.: 18.06.59 TOPIC: GRAND AVENUE PATHWAY CONNECTOR PROJECT SUBJECT: REQUEST FOR APPROVAL OF PROJECT CHANGES TO ADDRESS UNFORESEEN CONDITIONS DISCOVERED DURING CONSTRUCTION OF THE GRAND AVENUE PATHWAY CONNECTOR PROJECT REQUIRING ADDITIONAL ENGINEERING SERVICES AND THE ELEVATION OF THE PEDESTRIAN PATH: 1.RESOLUTION AUTHORIZING AN ADDITIONAL CONTINGENCY AMOUNT OF $130,000 FOR THE GRAND AVENUE PATHWAY CONNECTOR PROJECT USING $81,725 IN FEDERAL FUNDS AND AUTHORIZING THE USE OF $48,275 IN TRAFFIC MITIGATION FUNDS TOWARD THIS PROJECT. 2.RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FIFTH AMENDMENT TO THE AGREEMENT WITH SIEGFRIED ENGINEERING, INC. FOR ADDITIONAL CONSTRUCTION SUPPORT SERVICES ASSOCIATED WITH THE GRAND AVENUE PATHWAY CONNECTOR PROJECT IN THE AMOUNT OF $30,000, TO BE FUNDED BY TRAFFIC MITIGATION FUNDS, FOR A TOTAL CONTRACT NOT-TO- EXCEED AMOUNT OF $378,737. RECOMMENDATION: 1.Adopt a resolution authorizing an additional contingency amount of $130,000 for the Grand Avenue Pathway Connector Project and authorizing the use of $48,275 in Traffic Mitigation Funds. 2.Adopt a resolution authorizing the City Manager to execute an amendment to the professional services agreement with Siegfried Engineering for additional construction support services in an amount not to exceed $30,000, to be funded by Traffic Mitigation Funds, increasing the total not-to-exceed amount under the agreement to $378,737. BACKGROUND: Grand Avenue and Francisco Boulevard East form the primary corridor for residents living in the Canal Neighborhood, the most densely populated area in Marin County, to access central San Rafael, the San Rafael Transit Center, SMART station, Montecito Plaza, and San Rafael High School. The Grand Avenue Pathway Connector Project (“Bridge Project”) SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 will fill a significant bicycle/pedestrian safety gap within a major north-south corridor by installing a 12-foot-wide bicycle/pedestrian bridge across the San Rafael Canal. In August 2018, the City Council awarded a construction contract to Valentine Corporation to install the new bridge and related civil improvements. Construction commenced on October 9, 2018. To date, the contractor has completed installation of new sidewalk with concrete barrier and railing on the west side of the vehicular bridge, providing a direct pedestrian connection from the Grand Marina office complex at 711 Grand Avenue to the intersection of Second St reet and Grand Avenue. The contractor has also completed the pedestrian bridge abutments and deep foundations on both banks of the San Rafael Canal. The pedestrian bridge has been fabricated with installation scheduled in March 2019. ANALYSIS: During excavation for the new bridge abutment on the north side of the canal, the contractor located buried concrete only inches below the asphalt parking lot surface. After a detailed search of building files maintained by the City’s Community Development Department, it was determined that the buried concrete was associated with the sheet pile wall system supporting the previous used car dealership on the north side of the canal. To maintain the structural integrity of the existing wall, the design team determined that the best alternative was to raise the elevation of the new pedestrian bridge by approximately one foot resulting in a modification to the bridge abutment, custom designed curb/gutter, change in sidewalk ramps to conform to Americans with Disabilities Act (ADA) requirements, retaining walls, and safety cable railing to match that previously included in the contract. In addition to elevating the pedestrian path, a private potable water line serving the Toyota Marin site was discovered during construction. If left in place, the private water line would be under the new pedestrian path and therefore it is necessary to relocate the water line out of the City-owned property. It is estimated that these unforeseen changes will cost approximately $130,000, which will result in the existing project contingency being exhausted. Therefore, Staff recommends that additional contingency in the amount of $130,000 be approved in order to ensure the project can be completed. Attached is a resolution authorizing the required increase to the project budget (Attachment 1). The changes in construction outlined above have also resulted in the construction support budget of the design team being utilized sooner than anticipated. Siegfried Engineering has performed construction support services for this project thus allowing the designer to review material submittals, make minor adjustments to the construction documents, attend meetings, and respond to detailed questions asked by the general contractor. The second proposed resolution (Attachment 2) authorizes the City Manager to execute a fifth amendment to the existing professional services agreement with Siegfried Engineering to include the additional construction support services, in an additional amount not to exceed $30,000, bringing the total contract amount to $378,737. FISCAL IMPACT: The engineer’s estimate for the unforeseen work is approximately $130,000. The additional construction support is approximately $30,000. The improvements associated with the Bridge Project are identified in San Rafael’s 2020 General Plan which is noted in General Plan Exhibit 21, Item 28. Projects noted in this section of the General Plan are eligible to be funded with Traffic Mitigation Funds. Staff proposes using federal funds (distributed through TAM) in the SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 amount of $81,725 and City Traffic Mitigation funds in the amount of $78,275 (see chart below). The project budget is summarized below: Project Budget: Construction Funding Sources Allocation Federal Grant (i.e., CMAQ) $1,000,000 Grant - Measure A: Local Roads 2015/16 $245,725 Grant - Measure A: Housing Incentive Program $196,000 Grant - Measure A: Safe Pathway Fund 2015/16 $107,000 Federal Funds (distributed through TAM)** $681,275 Federal Funds (distributed through TAM) – New Allocation** $81,725 Traffic Mitigation Funds (Fund #246) – New Allocation $78,275 Total Available Funds $2,390,000 ** The $763,000 ($681,275+81,725) of federal funds distributed through TAM was originally earmarked for the Francisco Blvd West multi-use path project, a non-federalized project, but needed to be spent on the Grand Ave bridge project due to the federal nature of the funding. Expenses: Construction Expenses Amount Construction Award Contract Amount $1,776,870 Contingency $241,802 Additional Contingency $130,000 Total Construction Costs $2,148,672 Other Construction Expenses Special Inspections/Materials Testing $25,000 Field Inspection Services $146,328 Construction Support Services $40,000 Additional Construction Support Services $30,000 Total Other Construction Expenses $241,328 Total Estimated Construction Expenses $2,390,000 Complete Project Expenses Summary: Project Expenses Amount Design/Planning $273,953 Private Property Acquisition $840,158 Estimated Construction Expenses (proposed above) $2,390,000 Total Project Costs $3,504,111 OPTIONS: The City Council has the following options to consider relating to this matter: 1.Adopt both resolutions as presented. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 2.The City Council may decline to approve one or both of the resolutions identified above. If the additional construction contingency request is not authorized, the project may not be completed as designed. RECOMMENDED ACTION: 1.Adopt a resolution authorizing an additional contingency amount of $130,000 for the Grand Avenue Pathway Connector Project and authorizing the use of $48,275 in Traffic Mitigation Funds. 2.Adopt a resolution authorizing the City Manager to execute an amendment to the professional services agreement with Siegfried Engineering for additional construction support services in an amount not to exceed $30,000, funded by Traffic Mitigation Funds, increasing the total not-to-exceed amount under the agreement to $378,737. ATTACHMENTS: 1.Resolution authorizing an additional contingency amount of $130,000 for the Grand Avenue Pathway Connector Project and authorizing the use of $48,275 in Traffic Mitigation Funds. 2.Resolution approving and authorizing the City Manager to execute an amendment to the professional services agreement with Siegfried Engineering for additional construction support services in the amount of $30,000,to be funded by Traffic Mitigation Funds. 3.Exhibit 1 to Attachment 2: Fifth Amendment to Agreement with Siegfried Engineering RESOLUTION NO. 14639 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING AN ADDITIONAL CONTINGENCY AMOUNT OF $130,000 FOR THE GRAND AVENUE PATHWAY CONNECTOR PROJECT USING $81,725 IN FEDERAL FUNDS AND AUTHORIZING THE USE OF $48,275 IN TRAFFIC MITIGATION FUNDS TOWARD THIS PROJECT WHEREAS, on the 6th day of August 2018, the City Council of the City of San Rafael awarded a construction contract for the Grand Avenue Pathway Connector Project, City Project No. 11173, to Valentine Corporation in the amount of $1,776,870; and WHEREAS, the City Council authorized a construction contingency in the amount of $241,802 for this project; and WHEREAS, an additional construction contingency in the amount of $130,000 is necessary for various increases in the project cost as well as additional modifications to the project scope. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1.The construction contingency for the Grand Avenue Pathway Connector Project, City Project No. 11173, is hereby increased in the amount of $130,000. 2.Funds totaling $48,275 are hereby appropriated for the construction contingency for City Project No. 11173 from the Traffic Mitigation Fund, #246. 3.Funds totaling $81,725 are hereby appropriated for City Project No. 11173 from Federal Funds distributed through TAM (Transportation Authority of Marin). 4.The City Manager 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 City Council of said City held on Tuesday, the 19th day of February 2019 by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: Bushey, McCullough & Mayor Phillips COUNCILMEMBERS: None COUNCILMEMBERS: Colin & Gamblin _______________________________ LINDSAY LARA, City Clerk RESOLUTION NO. 14640 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FIFTH AMENDMENT TO THE AGREEMENT WITH SIEGFRIED ENGINEERING, INC. FOR ADDITIONAL CONSTRUCTION SUPPORT SERVICES ASSOCIATED WITH THE GRAND AVENUE PATHWAY CONNECTOR PROJECT, IN THE AMOUNT OF $30,000, TO BE FUNDED BY TRAFFIC MITIGATION FUNDS, FOR A TOTAL CONTRACT NOT TO EXCEED AMOUNT OF $378,737 WHEREAS, pursuant to City Council Resolution No. 13198, the City of San Rafael entered into a Professional Services Agreement dated July 18, 2011 with Siegfried Engineering, Inc. (“Siegfried”), for design services associated with the Grand Avenue Pathway Connector Project (the “Project”) in an amount not-to-exceed $158,984; and WHEREAS, pursuant to City Council Resolution No. 13391, on August 6, 2012 the City and Siegfried entered into a First Amendment to the Professional Services Agreement for design services for the Project, expanding the scope of work and increasing the not-to-exceed amount by $21,700 for a total not -to-exceed amount of $180,684; and WHEREAS, pursuant to City Council Resolution No. 13837, on November 3, 2014 the City and Siegfried entered into a Second Amendment of the Professional Services Agreement for the Project, expanding the scope of work and increasing the not-to-exceed amount by $59,528 for a total not -to-exceed amount of $240,212; and WHEREAS, pursuant to City Council Resolution No. 14052, on January 22, 2016 the City and Siegfried entered into a Third Amendment of the Professional Services Agreement for the Project, and increasing the not-to-exceed amount by $68,525 for a total not-to-exceed amount of $308,737; and WHEREAS, pursuant to City Council Resolution No. 14559, on August 6, 2018 the City and Siegfried entered into a Fourth Amendment of the Professional Services Agreement for the Project, and increasing the not-to-exceed amount by $40,000 for a total not-to-exceed amount of $348,737; and WHEREAS, the City requires additional construction support services for the Project and Siegfried has submitted a proposal to provide such services; and WHEREAS, staff has reviewed Siegfried’s proposal and found it to be complete and within industry standards; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1.Funds totaling $30,000 are hereby appropriated for construction support services for City Project No. 11173 from the Traffic Mitigation Fund, #246. 2.The Council hereby approves and authorizes the City Manager to execute a Fifth Amendment to the Professional Services Agreement with Siegfried Engineering, Inc. for additional construction support services in the amount of $30,000 and a revised total contract value not to exceed $378,737, in the form attached hereto as Exhibit 1 and incorporated herein by reference, subject to final approval as to form by the City Attorney. 3.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 19th day of February 2019, by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: Bushey, McCullough & Mayor Phillips COUNCILMEMBERS: None COUNCILMEMBERS: Colin & Gamblin _______________________________ LINDSAY LARA, City Clerk FIFTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SIEGFRIED ENGINEERING, INC. FOR PROFESSIONAL SERVICES FOR THE GRAND AVENUE PATHWAY CONNECTOR PROJECT THIS FIFTH AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and SIEGFRIED ENGINEERING, INC., (hereinafter "CONSULTANT"), is made and entered into as of the�i _ day of Fc1or,.-,0,!2= , 2019. RECITALS WHEREAS, pursuant to City Council Resolution No. 13198, the CITY and CONSULTANT entered into a Professional Services Agreement dated July 18, 2011 for design services associated with the Grand Avenue Pathway Connector Project (the "Project") in an amount not -to -exceed $158,984 (the "Agreement"); and WHEREAS, pursuant to City Council Resolution No. 13391, on August 6, 2012 the CITY and CONSULTANT entered into a First Amendment to the Professional Services Agreement for design services for the Project, expanding the scope of work and increasing the not -to -exceed amount by $21,700 for a total not -to -exceed amount of $180,684; and WHEREAS, pursuant to City Council Resolution No. 13837, on November 3, 2014 the CITY and CONSULTANT entered into a Second Amendment of the Professional Services Agreement for the Project, expanding the scope of work and increasing the not -to -exceed amount by $59,528 for a total not -to -exceed amount of $240,212; and WHEREAS, pursuant to City Council Resolution No. 14052, on January 22, 2016 the CITY and CONSULTANT entered into a Third Amendment of the Professional Services Agreement for the Project, and increasing the not -to -exceed amount by $68,525 for a total not -to -exceed amount of $308,737; and WHEREAS, pursuant to City Council Resolution No. 14559, on August 6, 2018 the CITY and CONSULTANT entered into a Fourth Amendment of the Professional Services Agreement for the Project, and increasing the not -to -exceed amount by $40,000 for a total not -to -exceed amount of $348,737; and WHEREAS, CITY requires additional construction support services from the CONSULTANT, and the CONSULTANT is willing to provide such services; UU5 U, i ull;�, i N A L AMENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows: 1. Paragraph 2 of the Agreement, entitled "DUTIES OF THE CONTRACTOR," is hereby amended to include the additional services set forth in CONSULTANT's proposal entitled "Proposal for Additional Construction Support Services" dated January 30, 2019, attached to this Fifth Amendment as Exhibit "A" and incorporated herein by reference. 2. Paragraph 4 of the Agreement, entitled "COMPENSATION," is hereby amended to include additional compensation payable to CONSULTANT for the services described in Exhibit "A" to this Fifth Amendment, on a time and materials basis in a not -to - exceed amount of $30,000, and to change the total not -to -exceed amount under the Agreement to $378,737.00. Such additional compensation shall be paid at the hourly rates for CONSULTANT set forth in Exhibit `B" attached to this Fifth Amendment and incorporated herein by reference. 3. Except as specifically amended herein, all of 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 Fifth Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL JIM S HU Z, City Man e ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, CiAj Atto y 2 SIEGFRIED ENGINEERING, INC. Naive: Title of and By: Name: AAqei% Marc. ll Title of Corporate Officer: 5&—, �, 4 0.cY EXHIBIT A L --J ■ SIEGFRIED January 30, 2019 Hunter Young, P.E. City of San Rafael, Department of Public Works 111 Morphew Street San Rafael, CA 94901 RE: GRAND AVENUE PATHWAY CONNECTOR PROJECT SAN RAFAEL, CALIFORNIA PROPOSAL FOR ADDITIONAL CONSTRUCTION SUPPORT SERVICES Dear Hunter; We appreciate the opportunity to assist you with the construction of the Grand Avenue Pathway Connector Project. Our scope of work, based on previous emails, meetings and phone conversations, is as follows. Scope of Work TASK 1 — ADDITIONAL CONSTRUCTION SUPPORT SERVICES Siegfried shall perform the following additional services as directed by the City of San Rafael. • Assist contractor with plan interpretation during construction. • Prepare minor addendums to clarify plan intent or respond to RFIs. • Review site development submittals and shop drawings related to the design scope of work. • Attend construction meetings with the contractor in person or by phone at the City's direction. Siegfried will provide assistance during construction. This generally consists of field reviews and up to ten (10) meetings, as requested by the City, responding to requests for information (RFI), and reviewing contractor submittals. Siegfried and, if necessary, appropriate design team members will attend the following meetings: Construction coordination meetings in the field when necessary Provide site review at project completion to aid City in developing a final site punch list If questions arise during construction over the intent of the design, Siegfried and appropriate design team members will respond to such questions in a timely fashion. Siegfried will review, comment, and make recommendations on the contractor's material submittals and shop drawings. Corporate Office San Jose Sacramento 3244 Brookside Rd., Ste. 100 111 N. Market St., Ste. 300 111 Scripps Drive Stockton, CA 95219 San Jose, CA 95113 Sacramento, CA 95825 t: 209.943.2021 f: 209.942.0214 t: 408.754.2021 t: 916.520.2777 F:\11cad\11176 Grand Avenue Bridge\win-doc\Siegfried Agreements and Contracts\11176 Grand Avenue Bridge CA Scope and Fee Ver 2.docx r Page 2of2 �.. SIEGFRIED Fee Proposal Task � Description Total .... . . .. . . ..... 7 1 Additional Engineering Services during $30,000 Construction TOTAL NOT TO EXCEED Fee for Task 1 including reimbursable expenses We look forward to working with you and your team. If you have any questions regarding this proposal, please do not hesitate to call me directly. We will commence work upon your authorization to proceed and the execution of your contract documents. Sincerely, Adam K. Merrill, QSD, QSP, P.E. SIEGFRIED Corporate Office San Jose Sacramento 3244 Brookside Rd., Ste. 100 111 N. Market St., Ste. 300 111 Scripps Drive Stockton, CA 95219 San Jose, CA 95113 Sacramento, CA 95825 t: 209.943.2021 f: 209.942.0214 t: 408.754.2021 t: 916.520.2777 F:\11cad\11176 Grand Avenue Bridge\win-doc\Siegfried Agreements and Contracts\11176 Grand Avenue Bridge CA Scope and Fee Ver 2.docx u.• MC.) SIEGFRIED Contact Information Stockton 3244 Brookside Road, Ste. 100 Stockton, CA 95219 209.943.2021 Sacramento 109 Scripps Drive Sacramento, CA 95825 916.520.2777 San Jose 111 North Market Street, Ste. 300 San Jose, CA 95113 408.754.2021 Modesto 100 Sycamore Ave, Ste. 100 Modesto, CA 95354 209.762.3580 Charge Rate Schedule Professional Classification Managing Principal Principal Senior Associate Associate Project Engineer Engineer II Engineer I Project Landscape Architect Landscape Architect II Landscape Architect I Project Land Surveyor Surveyor II Surveyor I Survey Crew, 2 Person Survey Crew, 1 Person Instrurnentman Chainman/Rodman Hourly Rate $245 $219 $193 $172 $163 $149 $133 $161 $139 $114 $163 $147 $129 $265 $175 $188 $129 Senior Technician $129 » siegfriedeng.com Technician III $114 Technician II $99 Technician 1 $84 Expert Witness Clerical Reimbursable Expenses Printing, Copying, Materials, Etc. Mileage $400 $77 Cost + 10% In accordance with Federal Standard Mileage Reimbursement Rates Notes 1. Instrumentman and Chainman rates apply to services requiring Prevailing Wage Rates for work performed at the job site. 2. These rates are effective May 28, 2018 and are subject to periodic adjustments. CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Hunter Young Extension: 3408 Contractor Name: Siegfried Engineering, Inc. Contractor's Contact: Adam Merrill Contact's Email: amerrill@siegfriedeng.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT Project Manager a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 Click here to ❑ 2/11/2019 0 HY enter a date. City Attorney Attorney with printed copy of this routing form b. Email contract (in Word) and attachments to City 7 Review and approve hard copy of signed2 Attorney c/o Laraine.Gittens@cityofsanrafael.org 1/31/2019 ❑X HY 2 City Attorney a. Review, revise, and comment on draft agreement 1/31/2019 0 LG and return to Project Manager 8 City Attorney b. Confirm insurance requirements, create Job on 1/31/2019 0 LG _ PINS, send PINS insurance notice to contractor (for Public Works Contracts) 0 BG 3 Department Director Approval of final agreement form to send to 1/31/2019 contractor Agreement executed by City Council authorized 4 Project Manager Forward three (3) originals of final agreement to 1/31/2019 0 HY contractor for their signature ��� ✓ ❑ N/A City Clerk 5 Project Manager When necessary, contractor -signed agreement agendized for City Council approval * *City Council approval required for Professional Services forwards copies to Project Manager ❑X HY Agreements and purchases of goods and services that exceed $75,000; and for Public Works Contracts that exceed $175,000 Or 2/19/2019 Date of City Council approval CONTINUE ROUTING PROCESS WITH HARD COPY PRINT 6 Project Manager Forward signed original agreements to City 2/11/2019 0 HY City Attorney Attorney with printed copy of this routing form 7 Review and approve hard copy of signed2 /� 'aA ! -1 ILA agreement 8 City Attorney Review and approve insurance in PINS , and bonds �$- (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized official ��� ✓ 10 City Clerk Attest signatures, retains original agreement and 2.1111 forwards copies to Project Manager Jq