PREPARED BY: MATTHEW BROWN DATE OF MEETING: 06/10/2024
SUBJECT:
TITLE
CONSIDER ADOPTING RESOLUTION (1) AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH CONSOR ENGINEERS, LLC (CONSOR) FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE RUMRILL BOULEVARD COMPLETE STREETS PROJECT (0700), INCREASING COMPENSATION BY AN AMOUNT NOT TO EXCEED $650,000 AND INCREASING TOTAL CONTINGENCY TO $167,648, FOR A NEW NOT-TO-EXCEED AMOUNT UNDER THE AGREEMENT OF $2,269,124; (2) EXTENDING THE TERM OF THE AGREEMENT UNTIL DECEMBER 31, 2024; AND (3) REALLOCATING MEASURE J LOCAL STREET MAINTENANCE FUNDS IN THE AMOUNT OF $682,500 TO FUND THE SECOND AMENDMENT TO THE AGREEMENT
CEQA Compliance Statement:
The Rumrill Boulevard Complete Streets Project is categorically exempt under the California Environmental Quality Act (CEQA), Section 15301, Existing Facilities (Class 1) of the CEQA Regulations, on the basis that the project involves repair and minor alteration to the existing public streets, sidewalks, gutters, and similar facilities. The Notice of Exemption was filed and recorded with the Contra Costa County Clerk on January 7, 2018. Moreover, since the project is also receiving federal funding, the project was also determined to be categorically exempt under the National Environmental Policy Act (NEPA), Section 23 CFR 771.117 (c)(3). The Notice of Exemption for NEPA was filed on March 14, 2018 by the California Department of Transportation (Caltrans).
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
Body
Workplan Compliance statement
Major Policy Goal: Build a Healthy Community - 109 Develop Public Facilities for Active Living is an adopted policy item contained in the FY 2023-25 Adopted City Council Priority Workplan, updated May 1, 2023.
BACKGROUND
The Rumrill Boulevard Complete Streets Project is a 1.7mile-long project that will modify Rumrill Boulevard in the City of San Pablo between Costa Avenue and San Pablo Avenue (Project). The Project goal was to improve safety in and along the street for all users including motorists, bicyclists and pedestrians.
On June 7, 2021 through Resolution 2021-065, the City Council of City of San Pablo authorized the City Manager to enter into an agreement (Agreement) with Quincy Engineering, Inc. to provide construction management and inspection services for the Project. The Agreement was in the amount of $1,351,476 with a 10% contingency for a total authorization of $1,486,624.
In 2022, the City was notified that Quincy Engineering was acquired and became Consor Engineers, LLC, (also known as Consor Engineers, Inc. and Consor Engineering, Inc.), a wholly owned subsidiary of Consor North America, Inc. (Consor). The staff assigned to the Project has not changed.
On June 20, 2023, the City entered into a First Amendment to the Agreement adding $100,000 in compensation to address additional tasks needed for the Project. At that time, it was believed that the existing unforeseen impacts to supply chain shortages had been nearly overcome and that progress would be unimpeded by additional forces.
Additional tasks taken on by Consor included:
• Utility coordination due to unforeseen utility conflicts;
• Management of additional storm drain installation during the winter of 2022-23;
• Paving coordination in the area between Market Avenue and Broadway;
• Traffic signal timing adjustments;
• PG&E coordination for traffic signals electric power;
• Revision of grades at intersections and cross slopes due to unforeseen utility impacts to elevations to existing paving at transitions; and
• Additional public outreach and inspection during extended construction activities.
Staff recommends a Second Amendment to the Agreement to accommodate additional revisions to the design which were necessary to meet field conditions during construction and the increase to public outreach costs. The term of the Agreement will be extended to December 31, 2024 to accommodate for grant administration close out and resolution of claims, if necessary. The additional cost of services will be in the amount of $650,000 plus an additional contingency of $32,500 for claims support, for a total contingency amount of $167,648. The total cost of the Agreement will then be increased to $2,269,124. This amount falls in line with current industry standards with respect to the total project cost.
Staff further recommends re-allocating Measure J Local Street Maintenance in the amount of $682,500 to fund the Second Amendment to the Agreement.
FISCAL IMPACT
The proposed Second Amendment to the Agreement will increase compensation by up to $650,000, for a total authorization not to exceed $2,269,124, under the Agreement, as amended, including $167,648 as contingency
The fiscal impacts are outlined in the tables below:
Summary of Council’s Authorization:
|
Description |
Resolution |
Date |
Amount |
|
Original Contract Award |
2021-065 |
6/07/21 |
$1,351,476 |
|
Original Contingency |
2021-065 |
6/07/21 |
$135,148 |
|
Amendment #1 |
2023-097 |
6/20/23 |
$100,000 |
|
Amendment #2 |
Current Request |
5/20/24 |
$650,000 |
|
Contingency |
Current Request |
5/20/24 |
$32,500 |
|
TOTAL |
$2,269,124 |
Re-Allocation Request
|
Action |
FROM: Account |
TO: Account |
Amount |
|
Re-allocate |
320-0700-43604-LSM-324 |
320-0700-43605-LSM-324 |
$682,500 |
|
TOTAL |
$682,500 |
Construction Management Agreement Funding Source (Consor Engineers, LLC, a wholly owned subsidiary of Consor North America, Inc.)
|
Funding Source |
Account Code |
Amount |
|
General Funds |
320-0700-43605-GEN-423 |
$473,785 |
|
California Natural Resources Agency (CNRA) Urban Greening Grant |
320-0700-43605-CNR-221 |
$500,000 |
|
Caltrans Alternative Compliance |
320-0700-43605-ALT-521 |
$510,589 |
|
State Coastal Conservancy (SCC) Prop 1 Grant |
320-0700-43605-SCC-221 |
$52,250 |
|
Tesoro Refinery Grant |
320-0700-43605-OTH-521 |
$50,000 |
|
Measure J Local Street Maintenance (LSM) |
320-0700-43605-LSM-324 |
$682,500 |
|
TOTAL |
$2,269,124 |
ATTACHMENTS:
Att A - Resolution
Att B - Proposed 2nd Amendment to Consor Agreement with consultant’s proposal
attached as Exhibit 1
Att C - Original Agreement (w/o Exhibits) and 1st Amendment to Agreement with
Consor (formerly Quincy Engineering)