The URL can be used to link to this page

Home My WebLink AboutPW 2017 Storm Damage Repairs____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 4-3-741A Council Meeting: 07/15/2019 Disposition: Resolution 14702 Agenda Item No: 4.o Meeting Date: July 15, 2019 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Bill Guerin, Director of Public Works City Manager Approval: _______ File No.: 16.11.46 TOPIC: 2017 STORM DAMAGE REPAIRS SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH PARK ENGINEERING, INC. FOR ENGINEERING SUPPORT ASSOCIATED WITH THE 2017 STORM DAMAGE REPAIRS PROJECT IN THE AMOUNT OF $21,402.46, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $158,092.44. RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a second amendment to the professional services agreement with Park Engineering, Inc. for engineering support services in conjunction with the 2017 Storm Damage repairs in an amount of $21,402.46, for a total not-to-exceed amount of $158,092.44. BACKGROUND: In January 2017, the City of San Rafael experienced a significant storm event. On February 14, 2017, the President declared a major disaster, making federal disaster aid available to 34 counties, including Marin County. This disaster caused significant damage to City roadways, including three slip-outs (landslides), requiring the assistance of an on-site field engineer to coordinate construction activities and provide field inspection. The three disaster locations include 21 San Pablo, 80 Upper Toyon, and 70 Irwin. On August 13, 2018, the City Manager approved a professional services agreement with Park Engineering, Inc. in an amount of $74,055.50 to provide these services. On January 22, 2019, the City Council approved a first amendment to the professional services agreement in an additional amount of $62,634.48 for on-going construction support. To date, repairs to 21 San Pablo and 80 Upper Toyon are complete and the City Council has accepted those projects. ANALYSIS: While the three-tiered retaining wall system is complete at 70 Irwin, roadway rehabilitation and drainage ditch repairs remain. The construction timeline at 70 Irwin has taken longer than anticipated due to encountering unforeseen conditions, such as hillside springs requiring drainage systems, and an extended, intense rainy season which resulted in the contractor stopping construction activity multiple times. While the contractor was not able to actively pursue construction during portions of the winter months, Park Engineering staff SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 continued to make occasional site visits to ensure the job site was properly maintained to meet local and County requirements. Consequently, additional field engineering and inspection services are required until the work at 70 Irwin is complete. The attached resolution (Attachment 1) would authorize the City Manager to execute a second amendment to the professional services agreement to extend the term of the agreement through December 31, 2019 and to increase the compensation for on-site field engineering and inspection services. FISCAL IMPACT: The consultant’s proposal of $21,402.46 will be paid for through Gas Tax Fund (fund no. 206). The expenses associated with this agreement and subsequent amendments are partially reimbursable by Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (CalOES). OPTIONS: 1. Adopt the resolution as presented. 2. Do not adopt the resolution. If this option is chosen, City staff will provide the required field engineering and inspection services through project completion. RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute a second amendment to the professional services agreement with Park Engineering, Inc. for engineering support services in conjunction with the 2017 Storm Damage repairs in an amount of $21,402.46, for a total not-to-exceed amount of $158,092.44. ATTACHMENT: 1. Resolution 2. Second Amendment to Agreement with Park Engineering, Inc., with attached Exhibit A RESOLUTION NO. 14702 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH PARK ENGINEERING, INC. FOR ENGINEERING SUPPORT ASSOCIAT ED WITH THE 2017 STORM DAMAGE REPAIRS PROJECT IN THE AMOUNT OF $21,402.46, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $158,092.44 WHEREAS, the City of San Rafael entered into a Professional Services Agreement dated August 13, 2018 with Park Engineering, Inc. for engineering support services in association with the 2017 Storm Damage Repair Projects (“Projects”) in an amount not to exceed $74,055.50 (the “Agreement”); and WHEREAS, the City subsequently entered into a First Amendment to the Agreement, dated January 22, 2019, increasing the compensation amount by $62,634.48 to perform additional engineering support services for the Projects, increasing the total not to exceed amount under the Agreement to $136,689.98; and WHEREAS, due to weather and unforeseen conditions, City staff has determined that additional field engineering and construction support services from Park Engineering, Inc. are needed through Project completion; and WHEREAS, the costs for engineering support services of the Projects will be fully funded through the Gas Tax Fund (Fund No. 206), and a portion of such is reimbursable by the Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (CalOES); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The City Council hereby approves and authorizes the City Manager to execute a Second Amendment to the Professional Services Agreement with Park Engineering for engineering support services, in a form to be approved by the City Attorney, to extend the term through December 31, 2019 and to provide for additional compensation for services in the amount of $21,402.46, for a revised total contract amount not to exceed $158,092.44. 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 July 2019, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None __ LINDSAY LARA, City Clerk 1 SECOND AMENDMENT TO THE AGREEMENT WITH PARK ENGINEERING, INC. FOR ENGINEERING SUPPORT ASSOCIATED WITH THE 2017 STORM DAMAGE REPAIRS PROJECT THIS SECOND 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 ____________, 2019. RECITALS WHEREAS, CITY and CONSULTANT entered into a Professional Services Agreement dated August 13, 2018 for engineering support services associated with the 2017 Storm Damage Repairs Projects (the “Projects”) in an amount not to exceed $74,055.50 (the “Agreement”); and WHEREAS, CITY and CONSULTANT subsequently entered into a First Amendment to Professional Services Agreement, dated January 22, 2019, to include an additional compensation amount not to exceed $62,634.48 for additional engineering support services associated with the Projects, increasing the total not-to-exceed amount under the Agreement to $136,689.98; and WHEREAS, CITY continues to need consulting services from CONSULTANT in connection with the Projects, and CONSULTANT is willing to provide such services; AMENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows: 1. 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 the Agreement, on a time and materials basis in a not- to-exceed amount of $21,402.46 as set forth in the “ADDITIONAL Cost Proposal for Construction Inspection Services” dated June 12, 2019, attached to this Second Amendment as Exhibit “A” and incorporated herein by reference, and to change the total not-to-exceed amount under the Agreement to $158,092.44. 2. Paragraph 5 of the Agreement, entitled “TERM OF AGREEMENT,” is hereby amended to extend the term to end on December 31, 2019. 2 3. Except as specifically amended herein, all other provisions, terms and obligations of the Agreement between the parties, as amended on January 22, 2019, shall remain valid and shall be in full force. IN WITNESS WHEREOF, the parties have executed this Second Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL PARK ENGINEERING, INC. ______________________________ By:______________________________ JIM SCHUTZ, City Manager Name: Title of Corporate Officer: ATTEST: and ______________________________ LINDSAY LARA, City Clerk By:______________________________ Name: Title of Corporate Officer: APPROVED AS TO FORM: _________________________________ ROBERT F. EPSTEIN, City Attorney Base Rate Regular Loaded Rate Overtime Rate REGULAR OVERTIME REGULAR OVERTIME 70 Irwin Slide Repair, City Project No. 11308 Andy Bodo Assistant Resident Engineer 58.00$ 125.52$ 188.28$ 720 50 200 0 25,104.00$ 99,788.40$ 3,701.54$ 21,402.46$ 124,892.40$ 1. Rate includes vehicle, mobile phone, laptop and all equipment required to perform required duties. 2. Based on part-time inspection effort for for June & July Additional Budget Requested Revised Total Project BudgetCurrent Allotment Additional Allotment City of San Rafael 2017 Storm Damage Repair Projects - 70 Irwin Street ADDITIONAL Cost Proposal for Construction Inspection Services Name/Classification Rates Construction Hours Total Funds for Additional Hours Current Project Budget Remaining Availble Budget ■ t------1 ----+----+-1------+--1 -----+-------------1----------1 I I I I I I I I I I I I I