C A L I F O R N I A
P R O F E S S I O N A L S E R V I C E S C O N T R A C T
F O R C I T Y U S E O N L Y
Contract No. CIP No.
Resolution No. Project No.
REV 01/ 2020
FIRST AMENDMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT Amendment”) is effective as of this _____ day of _______________, 2021, by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and MNS ENGINEERS, INC.(FORMERLY S&C ENGINEERS, INC) (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.
W I T N E S S E T H T H A T
WHEREAS , the City and Contractor entered into a Professional Services Contract dated October 17, 2017 (“Contract”) for the purpose of retaining the services of Contractor to provide Construction Management and Inspection Services related to the construction of the South Bayfront Pedestrian Bicycle Bridge Project; and WHEREAS, City executed said Professional Services Contract with S & C Engineers, Inc. and effective April 1, 2018 S&C Engineers was acquired by MNS Engineers, Inc., and
WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. AMENDMENT
The Parties agree to amend the Contract as checked below:
1.1 Exhibits A and B
Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-1;
AND
Exhibit B of the Contract is hereby amended in its entirety and replaced with Exhibit B-1.
DocuSign 147A160AF35FDocuSign Envelope Envelope ID: ID: B545FCBE- BD8A28B1- A856- 117F48E0-008-A053- B76E-58462D53BF0B N/A
16475006; 17237003
21-30
20124E-0117-PW01
5/19/2021
City of Emeryville | Professional Services Contract Amendment REV 01/ 2020
1.2 Termination Date
The Parties desire to extend the termination date. Section 1.3 of the Contract is hereby amended to extend the termination date to NEW END DATE.
1.3 Total Compensation Amount
The Parties desire to increase the Total Compensation Amount as set forth in Section III.B of the Contract by SEVENTY-FIVE THOUSAND
FOUR HUNDRED SEVENTY-FIVE DOLLARS AND NO CENTS
75,475.00). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed TWO MILLION SIX HUNDRED FORTY FOUR
THOUSAND ONE HUNDRED SIX DOLLARS AND NO CENTS
2,644,106.00).
2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.
From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.
3. ADEQUATE CONSIDERATION
The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
5. WAIVER
The City’s failure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
SIGNATURES ON FOLLOWING PAGE
DocuSign 147A160AF35FDocuSign Envelope Envelope ID: ID: B545FCBE- BD8A28B1- A856- 117F48E0-008-A053- B76E-58462D53BF0B City of Emeryville | Professional Services Contract Amendment REV 01/ 2020
6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT
FIRST AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.
Approved As To Form:
City Attorney
Dated: CITY OF EMERYVILLE
2021
Christine S. Daniel, City Manager
Dated: MNS ENGINEERS, INC.
2021 Signature)
James A. Salvito, President and CEO
DocuSign Envelope ID: B545FCBE- 117F-48E0-B76E-147A160AF35F 3/24/2021
DocuSign Envelope ID: BD8A28B1- A856-4008-A053-58462D53BF0B 5/19/2021
Exhibit A-1
Scope of Work
A. Description of Required Services Construction management personnel are required in support of the CITY project to construct the South Bayfront Pedestrian Bicycle Bridge.
The CONTRACTOR is to provide qualified engineering personnel to perform construction project management, inspection and Quality Assurance services. The CONTRACTORS personnel will be assigned to the project during all hours of construction and/or as required by the CITY and will work under the direction of the CITY Project Manager.
Typical duties to be performed by the CONTRACTOR personnel will Include but not be limited to the following:
1) Performing the duties of a Resident Engineer/Structures Representative, including construction inspection, quality assurance, quantity calculations, preparation of contract change orders, materials sampling and control, and insuring compliance with project plans and specifications.
2) Perform engineering calculations and review falsework plans, shoring plans, and working drawings per Caltrans Standards.
3) Identify actual and potential problems associated with the construction project and recommend sound engineering solutions.
4) Preparing calculations, records, reports, and correspondence related to project activities.
5) Assisting in the review and oversight of the Contractor’s final as-built plans during and at the completion of project.
B. Personnel and Performance Requirements CONTRACTOR personnel will remain on the CITY construction project on a full-time basis or as requested by the CITY until completion and acceptance of the construction project by the CITY.
C. Equipment and Materials to be Provided by the CONTRACTOR The CONTRACTOR shall provide the following:
1) All necessary computers, cell phones, internet access (provided by Construction Contractor as part of project trailer
facilities), instruments, tools, and safety equipment required of its personnel to perform their work accurately, efficiently and safely.
2) Caltrans manuals and Standards as listed in Section F., "Standards" below and forms and other policies and procedures to be followed by the Contractor's personnel in the performance of the work.
DocuSign 147A160AF35FDocuSign Envelope Envelope ID: ID: B545FCBE- BD8A28B1- A856- 117F48E0-008-A053- B76E-58462D53BF0B D. Materials to be Provided by the CITY The CITY will provide the CONTRACTOR with the following: 1) Approved project plans, special provisions, and applicable City administrative policies and procedures for the project.
E. Standards 1) Construction inspection and contract administration shall be in accordance with current Caltrans Construction Manual and its revisions, the Bridge Construction Records and Procedures Manual the Manual, the Manual of Test (3 Volumes), Manual of Traffic Controls for Construction and Maintenance Work Zones, the Caltrans Standard Specifications and Standard Plans, and the project plans and special provisions.
G. Work to be Performed by the CITY and Design Consultants The CITY will furnish a representative to perform the usual functions of a Project Manager. The Design Consultants will be responsible to respond to RFI’s, Submittals, review and approve shop drawings and approve the erection procedure for the steel tied arch bridge span.
H. Project Progress To ensure an understanding of contract objectives, meetings between the CITY and the CONTRACTOR will be held as often as necessary.
All work objectives, the work schedules, the terms of the contract and any other related issues will be discussed, and any problems resolved.
Task 1 – Construction Management
1.1 Construction Management
CONTRACTOR shall furnish a CONSTRUCTION MANAGER to coordinate all CONTRACTOR operations with CITY, including but not limited to tracking progress of the work and administering subcontracts.
CONSTRUCTION MANAGER shall provide overall project management coordination, and supervision of project staff to facilitate the performance of the work in accordance with standards and requirements of the CITY and other applicable standards and requirements. CONSTRUCTION MANAGER shall prepare and submit weekly project progress reports to CIYY Project Manager.
Deliverables: • Weekly Progress Reports
1.2 Coordination and Meetings
CONSTRUCTION MANAGER shall conduct regular weekly meetings with CITY, and as required the Designer “Biggs-Cardosa Associates, and the environmental design consultant ”EKI Water and Environmental”, and AECOM, Archeological Services Consultant.
CONSTRUCTION MANAGER will conduct weekly progress meetings with the Contractor, City, the designer, EKI, and representatives of applicable adjacent properties, Union Pacific Railroad (UPRR), and other agencies. Construction Manager DocuSign 147A160AF35FDocuSign Envelope Envelope ID: ID: B545FCBE- BD8A28B1- A856- 117F48E0-008-A053- B76E-58462D53BF0B shall be responsible for preparation of agendas and meeting minutes, communications and distribution to all applicable parties.
Deliverables: • Meeting notices, agendas, and minutes
1.3 Administration
CONSTRUCTION MANAGER shall provide weekly reports on the project status, including, but not limited to, schedule, contract budget, general progress on project tasks, and project issues and concerns including and not limited to review of RFI, construction submittals, progress payments, preparation of change order.
CONSTRUCTION MANAGER shall maintain project files using the Caltrans Uniform System in electronic format. CONSTRUCTION MANAGER will be responsible for adherence to all applicable City administrative policies and procedures to be provided by the City.
Deliverables: Project Files
1.4 Documentation
Ensure effective and consistent documentation of the CONSTRUCTION MANAGER and Contractor’s activities on daily basis including conversations and meetings related to the project, changed conditions, change orders, work progress, weather, status of Contractor’s major equipment, and all other items that may be necessary for reviewing progress payments, evaluating and processing change orders, and resolving issues that may lead to formal claims.
The appropriate level of documentation will include both written text and digital images.
Video and still digital cameras indicating time and date are to be utilized. The documentation system shall make full use of contemporary computer hardware and software as the means of document creation, distribution, and control.
Deliverables: • Daily work diaries • Miscellaneous CM Reports • Negotiate and prepare contract change orders as needed • Prepare monthly quantity estimates for progress payments • Review and coordinate contractor submittals including: UPRR Submittals, Temporary shoring plans, Falsework drawings, Prestressing shop drawings, Pile placement Plans, Steel arch bridge erection plan, Concrete mix designs and aggregate gradings, Joint seal assembly shop drawings, Payment Requests, Keep a record of all changes to verify Contractor’s redline markups for inclusion into final record drawings to be prepared by the Designer
Task 2 – Construction Phase Services
The Construction Manager/Resident Engineer/Inspectors provided by the CONTRACTOR shall monitor the operations of the Construction Contractor and Subcontractors for compliance with contract documents and document field construction DocuSign 147A160AF35FDocuSign Envelope Envelope ID: ID: B545FCBE- BD8A28B1- A856- 117F48E0-008-A053- B76E-58462D53BF0B operations. Construction Management/Engineering services shall include the following activities:
2.1 Monitoring of Construction Operations for Contract Compliance
1. Bridge Construction 2. Earthwork (embankment, structure excavation and backfill) 3. Cast-in-Steel Shell Pile driving, rebar and concrete placement 4. Pre-cast concrete pile driving 5. Form construction and placement (abutments, columns, superstructure) 6. Reinforcing steel placement (abutments, columns, superstructure)
7. Concrete delivery, placement, and curing 8. Falsework construction and grade checking 9. Deck finishing 10. Railing installation 11. Concrete finishing 12. Joint seal assembly installation 13. Asphalt grading and placement 14. Arch steel bridge erection and construction 15. Landscaping and irrigation 16. Lighting 17.
Excavation of contaminated material and backfilling
2.2 Materials Testing
1. Field technician services for QA observation, testing and documentation during earthwork, including embankment placement, structure backfill, trench backfill, and subgrade preparation.
2. Field technician services for QA sampling and testing during structural concrete placements, including testing for penetration (slump), air-content, unit weight, yield and temperature, and molding compressive strength specimens (cylinders).
Samples will handled, cured, and tested in accordance with specified test methods.
3. Part-time batch plant QA inspection services during production of structural concrete including checking mix design, checking aggregate batch weights, checking water/cement ratio, visual inspection of aggregates and sampling aggregates if necessary.
4. Laboratory testing of the soil, aggregates, and Portland cement concrete materials, maximum density/optimum moisture, sieve analysis, sand equivalent, cleanness value, R-value and concrete compressive strength testing.
5. Preparation of QA field observation reports and test data sheets. Documents will be made available to City as requested.
6. QA offsite source inspection of fabrication of steel arch bridge
2.3 General
The Resident Engineer/Inspector shall be present at the project site on a full-time basis to provide a satisfactory level of monitoring the work.
2.4 Work to be Performed by Others
DocuSign 147A160AF35FDocuSign Envelope Envelope ID: ID: B545FCBE- BD8A28B1- A856- 117F48E0-008-A053- B76E-58462D53BF0B
1. Construction Staking
A. Construction staking will be provided by the Contractor.
2. Miscellaneous
A. Biggs-Cardosa will perform City Building Department requirement for Special Inspection of modifications to the existing parking structure steel truss bridge.
B. EKI will provide inspection and air monitoring for soil remediation work.
C. AECOM will provide archeological monitoring.
2.5 UPRR Coordination
Provide SUBCONTRACTOR, “Zephyr UAS”, to provide coordination with UPRR to facilitate the review and approval of the submittal of the Main Bridge Pick and Erection submittals.
Task 3 – POST-CONSTRUCTION PHASE SERVICES
3.1 Project Closeout
Following substantial completion of all work, conduct a final walk-through with the Contractor and all applicable project participants. Develop a final punchlist to be sent to the Contractor. The list will include repair of any outstanding property damage. Require the Contractor to obtain sign-off from outside agencies or owners confirming that restoration has been completed and permit requirements have been satisfied.
Completed contractor redline markups will be verified, additional information added from inspector markups and provide to Designer to develop final record drawings. After deductions for liens and uncompleted punchlist work, final payment will be recommended to the City. All project files will be delivered to the City after final payment has been processed.
Deliverable:
Redline drawings
DocuSign 147A160AF35FDocuSign Envelope Envelope ID: ID: B545FCBE- BD8A28B1- A856- 117F48E0-008-A053- B76E-58462D53BF0B Revision Date -March 18, 2021 CITY of EMERYVILLE - CM SERVICES FOR SOUTH BAYFRONT PEDESTRIAN BICYCLE BRIDGE PROJECT Revision # 2
MNS Engineers' Schedule & Cost Proposal
Constructibility Review
Advertise/ Bid/ Award Support
NTP - Construction
Closeout
Total
Hours by Month Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Total 2017 2018 2019 2017 2018 2019 2017 2018 2019 Position
Principal-In-Charge (Mike Chan) 8 8 8 8 8 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 112 24 56 32 254. 46$ 267. 18$ 280. 54$ 6,107. 04$ 14,962. 25$ 8,977. 35$ RE/ Structures Repr. (Thom Loomis) 40 40 40 40 40 200 160 160 160 100 160 160 200 160 200 160 160 200 160 160 160 200 160 100 80 100 3500 120 1740 1640 217.22$ 228.08$ 239.49$ 26,066.40$ 396,860.94$ 392,755.48$ Asst. RE (Said Najafi) 40 40 20 20 20 200 160 160 160 200 160 160 200 160 200 160 160 200 160 160 160 200 160 100 80 100 3540 100 1800 1640 227. 89$ 227. 89$ 239. 28$ 22,789. 00$ 410, 202. 00$ 392, 426. 58$ OE & Field Inspection (Nathan Norwood) 200 160 160 160 200 160 160 200 160 200 160 160 200 160 160 160 200 160 200 160 100 3580 0 1760 1820 148.60$ 156.03$ 163.83$ -$ 274,612.80$ 298,173.33$ Constructability Support (Andy Kleiber) 40 40 80 80 0 0 218. 22$ 229. 13$ 240. 59$ 17,457. 60$ -$ -$ Scheduler (Bob Knickerbocker) 40 20 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 128 0 92 36 177. 12$ 185. 98$ 195. 27$ -$ 17,109. 79$ 7,029. 89$ 0 0 0 0 -$ -$ -$
Total Estimated Hours by Month 128 128 68 68 68 644 504 488 488 508 488 488 608 488 608 488 488 608 488 488 488 608 488 404 320 300 0 0 0 0 10940 324 5448 5168 72,420.04$ 1,113,747.78$ 1,099,362.63$ Total Hrs By Quarter 324 780 1480 1484 1704 1584 1464 1500 620 0 10940 324 5448 5168 27,523. 33$ 2,285,530.45$
270,000.00$
47,952.00$
Notes: 9,538.56$
ODC' s = 5,000.00$
Hrs are also based on contractor working normal 8 hour work shifts 2,645,544.34$ Hrs for scheduler are for review of initial baseline construction schedule for project submitted by the contractor and monthly updates Hrs do not include construction claim support for claims filed by Contractors after acceptance of contract.
Hrs do not include time extensions due to CCO' s, Weather impacts, Right of Way delays or other delays.
The above estimate doesn' t include any OT hrs. However, should OT hours be required due to contractor' s schedule, non-exempt employees are subject to OT regulations ( Time and half & double time). Premium portion will be added to straight time billing rate.
The above cost proposal has no costs for RE office as it assumes that the contract specifications will require the Contractor to provide a construction trailer for the RE as part of the construction bid.
Rates are based on the following:
OH = 132.52%
Fee = 10%
Annual Billing rate escalation - 5%
4th Qtr 1st Qtr 2nd Qtr 3rd Qtr 1st Qtr
C. R.
4th Qtr 1st Qtr 2nd Qtr 3rd Qtr
2017 2018 2019 2020
Construction
Advertise - Bid - Review -
Award
4th Qtr
2019 2020
C l o s e o u t
Hours Rates
Zephyr UAS, Inc. =
Additional Electrical Inspection =
3% Markup on Subconsultants =
Hrs proposed above assume the following: 18 months of construction per RFP. Advertise - Dec. 2017 for 60 days, Bid opening in late Jan. 2018, and Award - Feb. 2018. NTP in 2/ 20/ 18. Begin Construction March 2018 and complete by end of Augustr of 2019. This time frame doesn' t include any extensions for weather impacts or construction delays. Assume 3 months to close out project. Actual hours and cost will be dependent on the actual construction schedule as determined by the construction contractor. 2017 2018
Total CM Cost =
Alta Vista Solutions (QA ) =
MNS CM Cost =
S and C Engineers, Inc. 3/ 17/ 2021
DocuSign 147A160AF35FDocuSign Envelope Envelope ID: ID: B545FCBE- BD8A28B1- A856- 117F48E0-008-A053- B76E-58462D53BF0B DocuSign 147A160AF35FDocuSign Envelope Envelope ID: ID: B545FCBE- BD8A28B1- A856- 117F48E0-008-A053- B76E-58462D53BF0B DocuSign 147A160AF35FDocuSign Envelope Envelope ID: ID: B545FCBE- BD8A28B1- A856- 117F48E0-008-A053- B76E-58462D53BF0B DocuSign 147A160AF35FDocuSign Envelope Envelope ID: ID: B545FCBE- BD8A28B1- A856- 117F48E0-008-A053- B76E-58462D53BF0B DocuSign 147A160AF35FDocuSign Envelope Envelope ID: ID: B545FCBE- BD8A28B1- A856- 117F48E0-008-A053- B76E-58462D53BF0B DocuSign 147A160AF35FDocuSign Envelope Envelope ID: ID: B545FCBE- BD8A28B1- A856- 117F48E0-008-A053- B76E-58462D53BF0B DocuSign 147A160AF35FDocuSign Envelope Envelope ID: ID: B545FCBE- BD8A28B1- A856- 117F48E0-008-A053- B76E-58462D53BF0B DocuSign 147A160AF35FDocuSign Envelope Envelope ID: ID: B545FCBE- BD8A28B1- A856- 117F48E0-008-A053- B76E-58462D53BF0B DocuSign 147A160AF35FDocuSign Envelope Envelope ID: ID: B545FCBE- BD8A28B1- A856- 117F48E0-008-A053- B76E-58462D53BF0B DocuSign 147A160AF35FDocuSign Envelope Envelope ID: ID: B545FCBE- BD8A28B1- A856- 117F48E0-008-A053- B76E-58462D53BF0B