PREPARED BY: MATTHEW BROWN DATE OF MEETING: 12/09/2024
SUBJECT:
TITLE
CONSIDER ADOPTING RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO (1) AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT WITH CONSOR NORTH AMERICA, INC. (CONSOR) FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE RUMRILL BOULEVARD COMPLETE STREETS PROJECT (0700), INCREASING COMPENSATION BY AN AMOUNT NOT TO EXCEED $75,000, FOR A NEW TOTAL NOT TO EXCEED AMOUNT UNDER THE AGREEMENT OF $2,344,124; (2) EXTENDING THE TERM OF THE AGREEMENT THROUGH MAY 1, 2025; (3) RE-ALLOCATING MEASURE J LOCAL STREET MAINTENANCE FUNDS IN THE AMOUNT OF $75,000 TO THE THIRD AMENDMENT TO THE AGREEMENT; (4) RE-ALLOCATING $302,117 OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FROM THE SUTTER URBAN GREENING PROJECT (0300) AND $124,104 OF ARPA FUNDS FROM THE FULL TRASH CAPTURE DEVICE PROJECT (0304) TO THE RUMRILL BOULEVARD COMPLETE STREETS PROJECT (0700); AND (5) RE-ALLOCATING $302,117 OF GENERAL FUNDS TO THE SUTTER URBAN GREENING PROJECT (0300) AND $124,104 OF GENERAL FUNDS TO THE FULL TRASH CAPTURE DEVICE PROJECT (0304) FROM THE RUMRILL BOULEVARD COMPLETE STREETS PROJECT (0700)
CEQA Compliance Statement:
The Rumrill Boulevard Complete Streets Project is categorically exempt from environmental review 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 from environmental review 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, effective May 1, 2023.
BACKGROUND
The Rumrill Boulevard Complete Streets Project is a 1.7mile-long project that modified 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, pursuant to Resolution 2021-065, the City Council 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, 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 issues.
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.
On May 20, 2024, the City entered into a Second Amendment to the Agreement adding $650,000 in compensation to address the on-going tasks that added over eighteen (18) months of work to the original scope of work and added a contingency of $32,500.
Since that time, the entirety of the $650,000 and nearly $21,000 of the contingency have been expended due to additional tasks which included mediation with the contractor. Certain close out tasks remain to be reconciled including:
• Review of Construction As Built Drawings;
• Grant close out report generation for compliance with Caltrans funding requirements; and
• Project management for gathering of Operations and Maintenance (O&M) manuals and other Warranty items
Staff recommends a Third Amendment to the Agreement to accommodate fulfillment of close out related tasks. The term of the Agreement will be extended through May 1, 2025, to accommodate for grant administration close out and resolution of claims, if necessary. The additional cost of services will be in the amount of $75,000. The total cost of the Agreement will then be increased to $2,344,124. 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 $75,000 to fund the Third Amendment to the Agreement.
In addition, to better comply with American Rescue Plan Act (ARPA) funding obligation requirements, staff recommends reallocating ARPA funds in the amount of $302,117 from the Sutter Urban Greening Project (0300) and $124,104 from the Full Trash Capture Device Project (0304) to the Rumrill Boulevard Project (0700). Consequently, staff also recommends reallocating $302,117 of general funds to the Sutter Urban Greening Project (0300) and $124,104 of general funds to the Full Trash Capture Device Project (0304) from the Rumrill Boulevard Project (0700).
Previously, ARPA funds were identified to be used as construction contingency for both the Sutter Urban Greening Project (0300) and the Full Trash Capture Device Project (0304). Both projects are expected to be completed in January 2025 and summer 2025, respectively. However, reallocating the ARPA funds to Rumrill Boulevard Project (0700), which has been substantially completed and has similar scope of work as defined by the ARPA guidelines means a timelier use of the ARPA funds.
FISCAL IMPACT
The proposed Third Amendment to the Agreement between the City and Consor North America, Inc. will increase compensation by up to $75,000, for a total authorization not to exceed $2,344,124 under the Agreement.
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 |
2024-065 |
5/20/24 |
$ 650,000 |
|
Contingency |
2024-065 |
5/20/24 |
$ 32,500 |
|
Amendment #3 |
Current Request |
11/18/24 |
$ 75,000 |
|
TOTAL |
$2,344,124 |
Agreement Funding Source
|
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 |
|
Measure J Local Street Maintenance (LSM) |
320-0700-43605-LSM-324 |
$ 75,000 |
|
TOTAL |
$2,344,124 |
The table below shows the proposed actions to re-allocate funds:
|
Action |
Funding Source |
FROM: Account |
TO: Account |
Amount |
|
Re-allocate |
Measure J LSM |
320-0700-43604-LSM-324 |
320-0700-43605-LSM-324 |
$75,000 |
|
Re-allocate |
ARPA |
320-0300-43604-ARA-123 |
320-0700-43604-ARA-123 |
$301,117 |
|
Re-allocate |
ARPA |
320-0304-43604-ARA-123 |
320-0700-43604-ARA-123 |
$124,104 |
|
Re-allocate |
General Funds |
320-0700-43604-GEN-424 |
320-0300-43604-GEN-424 |
$302,117 |
|
Re-allocate |
General Funds |
320-0700-43604-GEN-424 |
320-0304-43604-GEN-424 |
$124,104 |
|
TOTAL |
$75,000 |
ATTACHMENTS:
Att A - Resolution
Att B - AMN No. 3