AGENDA ITEM 3.3

CITY OF LARKSPUR Staff Report

November 4, 2015 City Council Meeting

DATE: October 29, 2015 TO: Larkspur City Council FROM: Mary Grace Houlihan, Director of Public Works SUBJECT: BON AIR ROAD AT&T FACILITIES RELOCATION PROJECT -

AMENDMENT TO PRESCIENCE CORPORATION AND HB CONSULTING GROUP CONSULTING SERVICES AGREEMENT AND CONSTRUCTION CONTRACT

ACTION REQUESTED: Council authorize an amendment to the consultant services agreement with Prescience Corporation and HB Consulting Group for the Bon Air Road AT&T Facilities Relocation Project. BACKGROUND: AT&T maintains facilities within the city right of way of Bon Air Road and within the structural section of the Bon Air Bridge. These facilities require relocation to allow for the reconstruction of the Bon Air Bridge. AT&T is responsible for all costs associated with the design and relocation of their facilities. Public Works staff has been working with AT&T to design for the relocation of the AT&T infrastructure and AT&T has developed a preliminary design to relocate these facilities. Staff has worked with AT&T to draft a reimbursement agreement to cover the costs of engineering, project management and construction the City will incur to prepare construction plans and specifications and construct the infrastructure for AT&T to relocate their facilities and Council authorized the City Manager to execute this agreement in October 2014. Council authorized contracts with HB Consulting Group and Prescience Corporation to perform Construction engineering and management to ensure construction of the improvements is performed in accordance with the plans and specifications. Both HBCG and Prescience have submitted requests for an amendment to their budgets as additional construction oversight has been required due to the following: longer project duration due to project complexity, modifications to the horizontal directional drilling (HDD) alignment beneath the Corte Madera Creek, and conflicts with existing utilities in the field.

1 November 4, 2015 Amendment to HBCG and Prescience Contract

AGENDA ITEM 3.3 HBCG has submitted a request to amend their contract in the amount of $59,025.00 and Prescience has submitted a request to amend their contract in the amount of $112,720. for additional management effort and. FISCAL IMPACT: All costs associated with the contract amendments will be paid by AT&T per the reimbursement agreement. ENVIRONMENTAL STATUS: The Bon Air Bridge project was processed in compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA), and the proposed work is considered part of the environmental assessment of the entire project. STAFF RECOMMENDATIONS: Staff recommends that City Council authorize the City Manager to execute an amendment to the consultant services agreement with HB Consulting Group in the amount of $59,025 and with Prescience Corporation in the amount of $112,720. Respectfully submitted, Mary Grace Houlihan Director of Public Works/City Engineer Attachments: -Resolution 86/15

-1st Amendment to Consulting Services Agreement with HB Consulting Group -1st Amendment to Consulting Services Agreement with Prescience Corporation

2 November 4, 2015 Amendment to HBCG and Prescience Contract

CITY OF LARKSPUR

RESOLUTION No. 86/15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LARKSPUR AUTHORIZING AMENDMENTS TO THE CONSULTING SERVICES CONTRACTS WITH HB CONSULTING GROUP AND PRESCIENCE CORPORATION FOR THE

BON AIR ROAD AT&T FACILITIES RELOCATION PROJECT

WHEREAS, AT&T maintains facilities within the city right of way and is responsible

for all costs associated with the relocation of their facilities to allow for the reconstruction of the Bon Air Bridge;

WHEREAS, the City of Larkspur entered into a consulting services contract with HB Consulting Group (HBCG) and Prescience Corporation to perform construction management and inspection for the Bon Air Road AT&T Facilities Relocation Project;

WHEREAS, due to unforeseen project conditions and complexities, additional effort is required and both HBCG and Prescience have submitted a proposals for contract amendment in the amounts of $59,025 and $112,720 respectively; and

WHEREAS, the Public Works Director has reviewed the additional scope of services and associated fees submitted by HBCG and Prescience and found them to be reasonable. NOW, THEREFORE, BE IT RESOLVED: The City Manager and/or his designee is authorized and directed to execute contract amendments with HB Consulting Group for an amount not to exceed $59,025 and Prescience Corporation for an amount not to exceed $112,720 and take all other action necessary to consummate said transactions. IT IS HEREBY CERTIFED that the City Council of the City of Larkspur duly introduced and regularly adopted the foregoing resolution at a regular meeting held on the 4th day of November, 2015, by the following vote, to wit:

* * * * * * *

AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER:

__________________________ MAYOR ATTEST: ___________________________ CITY CLERK

3rd Amendment dated October 21, 2015 between Page 1 of 2 City of Larkspur and HB Consulting Group

3rd AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF LARKSPUR AND

HB CONSULTING GROUP

This 3rd Amendment to Consulting Services Agreement, ("Amendment"), is entered into this 21st day of October, 2015 (the “Effective Date”), by and between the City of Larkspur, a municipal corporation, ("City"), and HB Consulting Group.

RECITALS

A. City and Consultant entered into a Consulting Services Agreement for

Design Engineering Services for the Preparation of Design and Bidding Documents for the AT&T Facilities Directional Bore Project as part of the Bon Air Road Bridge Replacement Project in the City of Larkspur, (“Agreement”), on October 15, 2014.

B. The City directed the consultant to provide services as described in and in accordance with the schedule set forth in Exhibit “A,” attached and incorporated into the agreement.

C. The City now desires to amend the Agreement as set forth in this Amendment.

D. Section 32 of the Agreement allows the Agreement to be amended by a written instrument executed by both City of Larkspur and Consultant;

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, the parties hereby agree to amend the Agreement as follows:

AGREEMENT

1. Terms. Unless otherwise defined in this Amendment, all terms used in this Amendment shall have the same meaning as set forth in the Agreement.

2. Scope of Work. The scope of work Construction Engineering Services, for the Bon Air Road Bridge AT&T Facilities Relocation project dated October 13, 2015 (Revised October 14, 2015), Exhibit A attached herein.

3. Compensation. Compensation will be in accordance with the above requested contract amendment and subject to the terms of the Agreement. In no event will Consultant’s compensation for this Amendment exceed $59,025.00 without a valid Change Order signed by both parties. The total compensation for the scope of work, including this amendment, is $256,825.00.

4. Ratification. Except as modified by this Amendment, the Agreement is ratified, affirmed, in full force and effect, and incorporated herein by this reference.

3rd Amendment dated October 21, 2015 between Page 2 of 2 City of Larkspur and HB Consulting Group

5. Counterparts. This Amendment may be executed in multiple counterparts,

each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

6. Effective Date. This Amendment shall be effective as of the Effective Date.

7. Exhibits. This Amendment includes the following exhibits: Exhibit A: Scope of Contract Amendment No.3

CITY CONSULTANT City of Larkspur, HB Consulting Group a municipal corporation a California Corporation (“Consultant”) ____________________________ Daniel Schwarz, City Manager Signature ATTEST: Printed/Typed Name _______________________________ Cynthia Huisman, City Clerk Title APPROVED AS TO FORM: Sky Woodruff, City Attorney

5. Counterparts. This Amendment may be executed in multiple counterparts,each of which shall be deemed an original, but all of which, together, shall constituteone and the same instrument.

Effective Date. This Amendment shall be effective as of the EffectiveDate.

7. Exhibits. This Amendment includes the following exhibits:

Exhibit A: Scope of Contract Amendment No.3

CITY CONSULTANT

City of Larkspur, HB Consulting Groupa municipal corporation a California Corporation ("Consultant")

Daniel Schwarz, City Manager

ATTEST:

Cynthia Huisman, City Clerk

APPROVED AS TO FORM:

Sk oodruff, City Attorney

Signature

Printed/Typed Name

Title

3~d Amendment dated October 21, 2015 between Page 2 of 2City of Larkspur and HB Consulting Group

3rd Amendment dated October 21, 2015 between EXHIBIT A City of Larkspur and HB Consulting Group

EXHIBIT A

Scope of Contract Addendum No. 3

Support documents for requested contract amendment by HB Consulting Group dated October 13, 2015 (Revised October 14, 2015)

October 13, 2015 (Revised October 14, 2015) Mary Grace Houlihan Director of Public Works City of Larkspur 325 Doherty Drive Larkspur, CA Re: Request for Amendment No. 3 to Contract

Bon Air Road Bridge – AT&T Facilities Relocation

Dear Ms. Houlihan,

HB Consulting Group (HBCG) has a current professional services contract with the City of Larkspur for design and construction contract administration services for the relocation of AT&T facilities associated with the replacement of the Bon Air Road Bridge. This project includes the construction of a large diameter horizontal directional drilling (HDD) bore beneath Corte Matera Creek. We are writing this letter to request an amendment to our contract to include additional contract administration services that were not originally envisioned. Specifically, the project’s complexity, the redesign of the HDD alignment due to field conditions, and other construction related issues has required not only additional management effort but an extension of the projects duration. HBCG assigned Mr. Dan Downey as resident engineer on the project. The agreed upon estimate of effort required for resident engineering services was an average of 24 hours per week for a 12 week construction duration period. Almost immediately upon the commencement of the project the amount of field coordination and interface with the contractor, McKuin Pipeline, was much greater than originally anticipated. This was due to many factors including the strict environmental constraints, unanticipated site conditions requiring the redesign of the HDD bore, extra coordination with the design team and outside consultants as well as other factors. As a result, Mr Downey’s effort has averaged about 32hours per week. The approved budget (Contract Amendment #1) for Construction Administration services is $55,440.00. This assumed a construction completion date of early September with final closeout in mid to late September. Based upon the latest schedule from the contractor, completion has been revised to the end of November 2015, with project closeout in mid-December 2015. Thru the end of August 2015, we have billed a total of $52,555.00 for construction administration services, leaving a balance of $2,885.00 remaining. The estimated additional fees to complete the project are: September 2015 142 hrs Dan Downey @ $155/hr = $22,010.00 8 hrs Harry Burrowes @ $185/hr = $ 1,480.00 October 2015 104 hrs Dan Downey @ $155/hr = $16,120.00 8 hrs Harry Burrowes @ $185/hr = $ 1,480.00

B G C H HB Consulting Group

Engineering Project Management Construction Project Entitlement & Facilitation

Mary Grace Houlihan October 13, 2015 Page 2 of 2

November 2015 80 hrs Dan Downey @ $155/hr = $ 12,400.00 8 hrs Harry Burrowes @ $185/hr = $ 1,480.00 December 2015 40 hrs Dan Downey @ $155/hr = $ 6,200.00 4 hrs Harry Burrowes @ $185/hr = $ 740.00 Total Estimated Fees = $ 61,910.00 Less contract amount remaining ($ 2,885.00) TOTAL ADDITIONAL FEES = $ 59,025.00 HBCG is requesting an amendment to our contract in the amount of $59,025.00 for the additional construction administration services as described herein. We appreciate the opportunity to continue to provide the City of Larkspur professional services on this important project. We are available to answer any questions or provide additional information you may have related to our project scope of work or approach to the work described above. We look forward to hearing from you soon. Sincerely, HB Consulting Group

Harry Burrowes, P. E. President

1st Amendment to Consulting Services Agreement dated April 15, 2015 Between City of Larkspur & PreScience Corporation Page 1 of 2

1ST AMENDMENT TO CONSULTING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF LARKSPUR AND

PRESCIENCE CORPORATION

This 1st Amendment to Consulting Services Agreement ("Amendment"), is entered into this 4th day of November, 2015 (the “Effective Date”), by and between the CITY OF LARKSPUR, a municipal corporation, ("City"), and PRESCIENCE CORPORATION, ("Consultant"), who agree as follows.

RECITALS

A. City and Consultant entered into a Consulting Services Agreement for Bon

Air Road AT & T Facilities Relocation project in the City of Larkspur (“Agreement”), on April 15, 2015.

B. The City directed the consultant to provide services as described in and in accordance with the schedule set forth in Exhibit “A,” attached and incorporated into the agreement.

C. The City now desires to amend the Agreement as set forth in this Amendment.

D. Section 8.3 of the Agreement allows the Agreement to be amended by a written instrument executed by both City of Larkspur and Consultant;

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, the parties hereby agree to amend the Agreement as follows:

AGREEMENT

1. Terms. Unless otherwise defined in this Amendment, all terms used in this Amendment shall have the same meaning as set forth in the Agreement.

2. Scope of Work. The scope of work (Bon Air Road-AT&T Facility Relocation Project) shall be in accordance with the requested contract amendment dated October 19, 2015, Exhibit A attached herein.

3. Compensation. Compensation will be in accordance with the requested contract amendment for the Bon Air Road-AT&T Facility Relocation Project dated October 19, 2015 and subject to the terms of the Agreement. In no event will Consultant’s compensation for this Amendment exceed $112,720.00 without a valid Change Order signed by both parties. The total compensation for the Bon Air Road AT&T Facility Relocation project scope of work, including this amendment, is $252,989.00.

1st Amendment to Consulting Services Agreement dated April 15, 2015 Between City of Larkspur & PreScience Corporation Page 2 of 2

4. Ratification. Except as modified by this Amendment, the Agreement is ratified, affirmed, in full force and effect, and incorporated herein by this reference.

5. Counterparts. This Amendment may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

6. Effective Date. This Amendment shall be effective as of the Effective Date.

7. Exhibits. This Amendment includes the following exhibits:

Exhibit A: Scope of Contract Amendment No.1 Requested contract amendment for Bon Air Road AT & T Facilities Relocation Project dated October 19, 2015

“CITY” City of Larkspur, a municipal corporation ____________________________ Daniel Schwarz, City Manager ATTEST: _______________________________ Cynthia Huisman, City Clerk APPROVED AS TO FORM: _______________________________ Sky Woodruff, City Attorney

“CONSULTANT” PRESCIENCE CORPORATION a California Corporation (“Consultant”) By:___________________________

Name:________________________

Its:___________________________

1st Amendment to Consulting Services Agreement dated April 15, 2015 Between City of Larkspur & PreScience Corporation EXHIBIT A

EXHIBIT A

Scope of Contract Addendum No. 1

Support documents for requested contract amendment for Bon Air Road AT&T Relocation Project dated October 19, 2015

 

   

  October 19, 2015 City of Larkspur  Director of Public Works 400 Magnolia Larkspur, CA 94939 Subject: Request for Additional CM Budget - Bon Air Road – AT&T Facility Relocation Project  Dear Ms. Houlihan: As previously communicated and as shown on the attached Estimate at Completion work sheet, PreScience Corporation is requesting the City of Larkspur to consider increasing in the previously authorized CM budget from $140,269 to $252,989 to complete the Bon Air Road – AT&T Facility Relocation project due to unforeseeable conditions below:

Original construction management budget authorized by the City was based on construction duration of 45 working days (9 weeks). However, the construction contract was awarded with duration increased to 65 working days (13 weeks) due to the complexities as well as the the amount of time and efforts required to complete the project. Based on the latest construction progress schedule, it is anticipated that the Contractor will complete the project in 103 working days which constitutes 58 working days more than the originally duration budgeted in the executed CM Agreement.

Construction Inspector authorized hours was based on part time, 4 days, 32 hours work week. Due to the Contractor’s busy work schedule, It is necessary for PSC’s Construction Inspector to work minimum 5 days, 40 hours work week. Additionally, during the critical directional bore operation, the Drilling Sub Contractor worked six days a week, ten hours a day for the month of August and part of September 2015 which our Inspector also worked long hours and weekends to inspect the Contractor’s work.

Frac-out plan submitted by the Contractor required 4 different revisions. As such, additional efforts from PSC’s environmental sub consultants were needed to review and coordinate with California State Lands for approval in order for Contractor to begin the boring work.

Resolve issues relate to Contractor’s discharge into the tidal marsh on August 7, 2015. Based on the current work schedule, it is expected that the Contractor will complete the Bon Air Road AT&T Facility Relocation project by December 1, 2015 and PSC to close out the project by December 15, 2015. As such, it is requested an increase of $112,720 to the original authorized budget through Admendment No. 1 for PSC Team to complete the project. We appreciate the opportunity to be of service to the City of Larkspur. Please let me know if you have any questions or need further information. Please contact me at (909) 721-5640 if you have any questions. Regards, PreScience Corporation

 Chuck Tran, PE Project Manager 

PreScience Corporation 

1521 East McFadden Avenue,  Suite A, Santa Ana  CA 92705 

657‐247‐4646 Phone 

949‐335‐4610 Fax 

Firm: PreScience CorporationDate: October 19, 2015

FIRM

Labor Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars

Assistant RE/Inspector (Jim Adair, PE) 28.0 $4,292.12 102.5 $15,712.23 166.0 $25,446.14 242.00 $37,096.18 182.5 $27,975.43 220.0 $33,723.80 176.0 $26,979.04 88.0 $13,489.52 1205.0 $184,714.46 554.4 $84,986.00

SWPPP Inspector (Jeff Haw, QSP/QSD) 4.0 $569.80 8.00 $1,139.60 8.0 $1,139.60 10.0 $1,424.50 8.0 $1,139.60 $0.00 38.0 $5,413.10

Project Admin (Kimberly Fishman) 12.0 $495.12 40.0 $1,650.40 40.0 $1,650.40 92.0 $3,795.92

Total Labor - $0.00 28.0 $4,292.12 102.5 $15,712.23 170.0 $26,015.94 250.00 $38,235.78 190.5 $29,115.03 242.0 $35,643.42 224.0 $29,769.04 128.0 $15,139.92 1335.0 $193,923.48 554.4 $84,986.00

ODC - vehicel @ $8/hour $1,936.00 $1,460.00 $1,760.00 $1,408.00 $704.00 $7,268.00 $4,435.00

Total Labor + ODC $0.00 $4,292.12 $15,712.23 $26,015.94 $40,171.78 $30,575.03 $37,403.42 $31,177.04 $15,843.92 1335.0 $201,191.48 554.4 $89,421.00

Labor 7.0 $901.59 1.3 $136.01 17.0 $2,005.05 7.3 $722.90 10.0 $1,100.00 10.0 $1,100.00 10.0 $1,100.00 62.5 $7,065.55 33.6 $5,054.00

ODC $0.75 $28.36 $50.00 $50.00 $50.00 0.0 $179.11

Total Labor + ODC $0.00 $0.00 $901.59 $136.01 $2,005.80 $751.26 $1,150.00 $1,150.00 $1,150.00 62.5 $7,244.66 33.6 $5,054.00

Labor 1.0 $185.00 52.0 $7,220.00 11.0 $1,500.00 64.0 $8,905.00 $15,000.00

ODC $102.60 0.0 $102.60

Total Labor + ODC $0.00 $0.00 $185.00 $0.00 $7,322.60 $1,500.00 $0.00 $0.00 $0.00 64.0 $9,007.60 0.0 $15,000.00

Labor - $0.00 - $0.00 - $0.00 0.0 $0.00 $10,000.00

ODC 0.0 $0.00

Total Labor + ODC $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.0 $0.00 0.0 $10,000.00

Labor 26.3 $2,864.23 97.0 $10,063.22 33.3 $4,631.92 4.5 $527.15 8.0 $1,000.00 8.0 $1,000.00 12.0 $1,500.00 189.0 $21,586.52 84.0 $14,704.00

ODC $110.00 $189.57 0.0 $299.57

Total Labor + ODC $0.00 $0.00 $2,974.23 $10,252.79 $4,631.92 $527.15 $1,000.00 $1,000.00 $1,500.00 189.0 $21,886.09 84.0 $14,704.00

Labor 20.0 $2,640.00 20.0 $2,640.00

ODC 0.0 $0.00

Total Labor + ODC $0.00 $0.00 $0.00 $0.00 $0.00 $2,640.00 $0.00 $0.00 $0.00 20.0 $2,640.00 0.0 $0.00

Labor 15.0 $2,175.00 33.5 $4,857.50 1.5 $217.50 $0.00 $0.00 $0.00 26.0 $3,770.00 76.0 $11,020.00 42.0 $6,090.00

ODC 0.0 $0.00

Total Labor + ODC $0.00 $0.00 $2,175.00 $4,857.50 $217.50 $0.00 $0.00 $0.00 $3,770.00 76.0 $11,020.00 42.0 $6,090.00A B

Prime + Sub TOTAL (Labor+ODC) - $0.00 28.0 $4,292.12 151.8 $21,948.05 301.8 $41,262.24 353.8 $54,349.60 233.3 $35,993.44 260.0 $39,553.42 242.0 $33,327.04 176.0 $22,263.92 1,746.5 $252,989.83 714.0 $140,269.00

Additional Budget Request - Amendment No. 1 (A-B)

Bon air Bridge AT&T Facilities Relocation Amendment No. 1 Request

SUMMARY OF COST: TOTAL LABOR +ODC [Actual from May 2015 through September 2015 & Forecasted from October 2015 to Dec 2015} April 2015 to December 2015 [Field End date: December 14, 2015 (estimate)]

$112,720.83

Pre-Con

Prime: PreScience

Sub: Circle Point

Sub: Illingworth and Rodkin

Sub: CEL Engineering(MeterialTesting)

Sub: WRA Environmental

Sub: Testing Engineers

Sub: Kelly Biological

Sep-15 Oct-15 Nov-15

CloseoutConstruction

Apr-15 May-15 Dec-15 Total Estimate at Completion

Total Approved Contract BudgetJun-15 Jul-15 Aug-15