DATE:
April 19, 2021
TO:
Christine Daniel, City Manager
FROM:
Mohamed Alaoui, Public Works Director
SUBJECT:
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Sixth Amendment To The Professional Services Agreement With Biggs Cardosa Associates Revising Work Scope And Budget For Engineering Design Services For The South Bayfront Bridge / Horton Landing Park Project, EPW 17-112 (CIP #16475006 and 17237003) Recommendation
Staff recommends that the City Council adopt the above-entitled resolution.
Background
The South Bayfront Pedestrian Bicycle Bridge/Horton Landing Park is a capital improvement project that is substantially complete but has not yet been accepted by the City. It is technically still under construction due to an extended plant establishment period that was authorized. Acceptance is expected in July or early August of 2022.
The project design and construction documents were prepared by a team of engineers and landscape architects lead by Biggs Cardosa Associates, Inc. (BCA).
BCA began work in 2009. Approximately 85% of the project plan was developed when work on the project was suspended in 2012 due to a loss of funding when the State of California deauthorized Redevelopment Agencies. The City sued the State of California to recover funding for the project and ultimately prevailed resulting in the return of twelve million dollars to the City. With major funding restored, an effort was made to reactivate the project. Biggs Cardosa was rehired in November 2015 to complete and update the project design. An agreement for engineering services has been executed and amended as follows:
Agreement Finish
Scope
Original Agreement
Start: 11/3/2015
6/30/2017
Update Design, Support with RR Negotiations, Finalize PS&E Amendment 1
12/31/2017
Time Extension
Amendment 2
3/31/2018
Time Extension
Amendment 3
6/30/2020
Add Horton Landing Park Expansion Improvements, Bid and Construction Support Amendment 4
12/31/2021
Time Extension
Amendment 5
60 Days after Acceptance
Special Inspection, Maintenance/Inspection Program, Budget Augmentation Amendments 1, 2 and 4 were time extensions since the project was delayed. Amendments 3 and 5 were budget and work scope changes. Funding resources allocated to the original 2015 contract and Amendments 3 and 5 have been exhausted.
Amendment 3 provided for bid and construction support services. It also included new design services. These new design services included construction plans for improvements for the “Sliver Parcel” that was acquired from Union Pacific Railroad and is described in the Capital Improvement Program as Horton Landing Park Expansion Project, revised structure lighting, additional maintenance elements (waterlines and provisions for electrical receptacles), stormwater treatment areas, and Bay Friendly Landscaping features.
Amendment 5 augmented the project’s budget for construction oversight, submittal reviews, responses to request for information, and Change Order support. The amendment added a new service for special inspections during the Bay Street Garage Bridge Modifications, which was necessary to allow clearances for pedestrians on the west stairs. New service also included the preparation of an Inspection and Maintenance Program.
BCA exhausted their Amendment 5 budget authorizations. While work is mostly completed, BCA is requesting an additional $9,500 to cover costs associated with the final fencing design, expansion joint plates, and more RFI reviews than initially anticipated.
If approved, this will be Amendment 6.
Discussion
During a staff walk through before the park and bridge were opened to the public, it was determined that expansion joint plates would provide additional protection against operational risks. It was also determined that the landings at each end of the arch span needed additional fencing to deter people from putting graffiti on the exterior of the bridge.
BCA was involved with determining the appropriate cover plates, in evaluating modifications of the structures to accommodate the additional barrier fencing and developing design details for the additional barrier fencing. This work is outside of the original authorized scope of work, but it is important that BSA, as the engineer of record for the bridge, address the matters.
The construction contractor team lead by Ghilotti Construction (Ghilotti) prepared 156 “Requests for Information” (RFI) to clarify design intent. Ghilotti also submitted 207 documents that provided specific plans to accomplish work and/or technical documentation to assure the constructed improvements conform with project specifications. In several instances, responding to the RFIs and additional submittals required more effort than anticipated given that many contained hundreds of pages. In several instances involving the additional submittals, the document under review needed multiple revisions before it could be approved. In addition, BCA spent additional time in staff and other meetings than was originally expected. Finally, additional efforts were required to create plan changes due to the COVID-19 pandemic which contributed to a cost overage for construction support services.
Details of these work elements are in the work scope (Exhibit A-6).
Fiscal Impact
The BCA agreement has been and is proposed to be funded as follows:
Design Phase
Fund
Amount
Original (2015) Contract
475
$400,740
1st Amendment
Not Applicable
$0
2nd Amendment
Not Applicable
$0
Subtotal
$400,740
Construction Phase
3rd Amendment
472-16475006
$848,400
4th Amendment
Not Applicable
$0
5th Amendment
475-16475006
$153,438
6th Amendment
475-16475006
$9,500
Subtotal
$1,001,838
Total
$1,412,078
An increase in appropriations of $9,500 is requested from Fund 475 to handle the increase in the contract amount. The costs for Amendment 6 services are proposed to be supported by a combination of contingency allocations, and savings from deductive changes orders for work items that have been reduced (maintenance water, drainage changes).
Staff Communication with the Public
Staff have not had any communications with the public regarding this matter.
Conclusion
Staff recommends the City Council adopt the above-referenced resolution.
PREPARED BY: Todd Teachout, Public Works Project Manager
APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:
Christine Daniel, City Manager
ATTACHMENTS
Professional Services Agreement, Scope of Work
Amendment No. 1, Time Extension
Amendment No. 2, Time Extension
Amendment No. 3., Scope of Work
Amendment No. 4, Time Extension
Amendment No. 5, Scope of Work, Time end revision
Draft Resolution
Amendment No. 6 (Draft), Scope of Work
S. Bayfront Bridge-Sixth Amendment PSA- Biggs Cardosa for Engineering Services | April 19, 2022
City of Emeryville
CALIFORNIA
MEMORANDUM