RESOLUTION NO. 25-23
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Second Amendment To The Professional Services Agreement With MNS Engineers, Inc. For City Engineering & Inspection Services, Capital Projects Delivery Support, And Construction Management Services To Increase The Contract Amount By An Additional $1,339,500 For A Total Contract Amount Not To Exceed $3,339,500; Authorizing The City Manager To Execute Up To Two (2) Additional One-Year Extensions, Contingent Upon The City Council Appropriating Funds For The Applicable Fiscal Year, For A Total Contract Value Not To Exceed $6,000,000
WHEREAS, the City previously engaged MNS Engineers, Inc. (MNS) under a contract approved by the City Council, with a not-to-exceed amount of $1,050,000 and in August 2024, a first amendment was executed by the City Manager to increase the contract to the maximum amount of $2,000,000 authorized under the original staff report (Resolution No. 23-165); and
WHEREAS, with satisfactory performance from a consultant, it is the Public Works Department’s typical procedure and process to have the City Manager extend maintenance and professional services contracts for up to two (2) additional one-year periods, up to a maximum total contract duration of five (5) years; and WHEREAS, delivery of the Active Transportation Plan and other projects listed in the Capital Improvement Plan (CIP) remains a critical priority for the Public Works Department, particularly the Sustainable Streetscapes Program (CIP Project #SUT-01); and
WHEREAS, the scope of multiple projects has grown significantly, leading to increased expenses, one of which includes design of the Sustainable Streetscapes Paving Project, which added two corridor improvement projects on Hollis Street and Doyle Street; and WHEREAS, the increased expenses also include additional construction management for existing City CIP projects which have required more time than originally anticipated; and
WHEREAS, major private development projects have demanded substantial inspection and construction management support, further utilizing contract funds; and WHEREAS, Exhibit A-2 shows that MNS Engineers, Inc. will continue to provide essential construction management services, including environmental and safety oversight, document management, cost control, progress reporting, inspection, and project closeout; and
WHEREAS, MNS will also continue to provide engineering design services such as preparation of plan specifications and estimates, utility coordination assessments, and innovative design solutions for active transportation projects, but the scope will further encompass federal and state grant management and City Engineer support services, Docusign Envelope ID: A5967395-E059-4686-B2CA-25067B07443B Resolution No. 25-23
MNS Engineers – 2nd Amendment Contract
City Council Meeting | March 18, 2025
including plan development, review, staff augmentation, technical support, and engineering QA/QC; and
WHEREAS, the additional funds requested in this amendment will ensure that ongoing projects, including the upcoming 2025 Sustainable Streetscapes Project and other active transportation initiatives, can be completed efficiently while addressing any unforeseen challenges; and
WHEREAS, the proposed second amendment to the MNS Professional Services Contract would increase the total not-to-exceed contract amount by $1,339,500, bringing it to a total of $3,339,500; and
WHEREAS, the work by MNS will continue to be funded from the design/professional services component of each Capital Improvement Plan’s project budget and any work related to Private Development Projects is reimbursable to the developer; and WHEREAS, there is a possibility of extending the contract up to a maximum total contract duration of five (5) years and the budgets for year 4 and 5 are contingent upon the City Council appropriating funds for the applicable fiscal year into the budgets for each CIP Project that is being worked on; and
WHEREAS, funding conceptual design work that does not commit the City to a course of action would not be considered a "project" under CEQA pursuant to CEQA Guidelines section 15378(b)(4); and
WHEREAS, the work performed by MNS has been satisfactory to date; now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to execute a Second Amendment to the Professional Services Contract with MNS Engineering, Inc. for city engineering & inspection services, capital projects delivery support, and construction management services to increase the total compensation to the Contractor by $597,517.00; and, be it, further
RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to execute up to two (2) additional one-year extensions, contingent upon the City Council appropriating funds for the applicable fiscal year, for a total contract value not to exceed $6,000,000.
Docusign Envelope ID: A5967395-E059-4686-B2CA-25067B07443B Resolution No. 25-23
MNS Engineers – 2nd Amendment Contract
City Council Meeting | March 18, 2025
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, March 18, 2025, by the following vote:
AYES: 5
Mayor Mourra, Vice Mayor Kaur and Council Members Priforce, Solomon and Welch
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Exhibit A – Second Amendment to the Professional Services Contract Docusign Envelope ID: A5967395-E059-4686-B2CA-25067B07443B
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.
REV01/2025
SECOND AMENDMENT
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT (“Amendment”) is effective as of ____________________ (the “Effective Date”),, by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and MNS 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 January 2, 2024 (“Contract”) for the purpose of retaining the services of Contractor to provide On Call Construction Management, Engineering Design, and City Engineer Support Services; and
WHEREAS, the City and Contract entered into a first amendment of the Contract on August 16, 2024 for the purposes of increasing the contract amount; and WHEREAS, an acceleration of capital improvement projects and private development work in the public right of way has depleted the first amendment contract value at a faster rate than originally estimated and another contract amendment is necessary to provide for continity and availability of on-call design and construction management services; and
WHEREAS, a contract amendment increasing the contract amount is required for additional on-call design services to deliver design and construction management for the 2025 Sustainable Streetscapes Paving Project Paving Project, Doyle Street - Phase 3 Project, and Mclaughlin Eastshore Park Project; 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:
Docusign Envelope ID: 82E06F3F-FC81-49C9-8569-AAE8626B5CFC Docusign Envelope ID: A5967395-E059-4686-B2CA-25067B07443B City of Emeryville | Professional Services Contract Amendment REV01/2025
1.1 Exhibit A
Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-Revision Number;
OR
Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-2, attached hereto and incorporated herein by this reference.
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 3.2 of the Contract by ONE MILLION THREE HUNDRED
THIRTY NINE THOUSAND FIVE HUNDRED DOLLARS AND NO
CENTS ($1,339,500.00). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed THREE MILLION THREE
HUNDRED THIRTY NINE THOUSAND FIVE HUNDRED DOLLARS AND
NO CENTS ($3,339,500.00).
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.
Docusign Envelope ID: 82E06F3F-FC81-49C9-8569-AAE8626B5CFC Docusign Envelope ID: A5967395-E059-4686-B2CA-25067B07443B City of Emeryville | Professional Services Contract Amendment REV01/2025
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 Envelope ID: 82E06F3F-FC81-49C9-8569-AAE8626B5CFC Docusign Envelope ID: A5967395-E059-4686-B2CA-25067B07443B City of Emeryville | Professional Services Contract Amendment REV01/2025
6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT
SECOND 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
LaTanya Bellow, City Manager
Dated: MNS ENGINEERS, INC.
(Signature)
Shawn Kowalewski, Vice President
Attach:
W-9 Form
Attach:
Business License
Certificate
Attach:
Insurance Certificate
and Endorsements
Docusign Envelope ID: 82E06F3F-FC81-49C9-8569-AAE8626B5CFC 02/14/2025
Docusign Envelope ID: A5967395-E059-4686-B2CA-25067B07443B 401 Grand Avenue, Suite 200 | Oakland, CA 94610
805.692.6921 OFFICE
mnsengineers.com
February 11, 2025
Attention: Mohamed Alaoui, PE, TE
Public Works Director
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
SUBJECT: On-Call Construction Management and Engineering Design Second Amendment Scope of Work
Dear Mr. Alaoui,
MNS Engineers, Inc. (MNS) is pleased to submit this proposed scope of work and fee in response to the City’s request to provide professional services for additional tasks as part of the existing on-call construction management and engineering design services contract.
Item 1 – Design Support for 2025 Sustainable Streetscapes Project Scope of Work
MNS will provide design support for the 2025 Sustainable Streetscape project. The list of potential projects includes:
• Adeline Street Class IV Bikeway 41st Street to 47th Street Concept Design. • Adeline Street Class IV Bikeway 36th Street to 47th Street Final Design. • Marina Area Final Design Modifications.
• Paving Rehabilitation Plans.
• Local Roadway Safety Plan Design Documents.
The concept design of Adeline Street Class IV Bikeway from 36th Street to 41st Street is included in the first amendment of the oncall contract.
For all these projects our team will work with the City to address ADA elements such as non-compliant sidewalk and curb ramps, within the given work area to ensure pedestrian paths of travel meet PROWAG requirements.
Adeline Street Class IV Bikeway 41st Street to 47th Street Concept Design Our team will develop a plan based on directions provided by the City and using available plans, mapping or online services.
Concept plans and estimate will be prepared for presentation to City transportation committee.
Adeline Street Class IV Bikeway 36th Street to 47th Street Final Design Our team will build upon the previously prepared concept designs and develop the final design plans for the entire stretch of Adeline Street from 36th Street to 47th Street. The work will require topographic surveying. Project components include bicycle buffer islands, pavement delineation and marking, ADA curb ramps, and pavement rehabilitation.
Marina Area Final Design Modifications
MNS will help to finalize modifications to work in the Marina area that was contemplated in the 2024 Sustainable Streetscape project. This work will consist of red-lined sketches in PDF format.
Paving Rehabilitation Plans
Our team will prepare paving rehabilitation plans utilizing City mapping. These plans will be used to show the general location and intent of the work (2-inch remove and reconstruct), as well quantify the items of work.
MNS DETAILS
CORPORATE OFFICE
201 N. Calle Cesar Chavez,
Suite 300
Santa Barbara, CA 93103
805.692.6921 Office/Fax
LOCAL OFFICE
401 Grand Avenue, Suite 200
Oakland, CA 94610
805.692.6921
AUTHORIZED SIGNATURE
Shawn Kowalewski
Vice President
(805) 456-3540
[email protected]
m
Exhibit A-2: Second Amendment Scope of Work
Docusign Envelope ID: A5967395-E059-4686-B2CA-25067B07443B
ON-CALL CONSTRUCTION MANAGEMENT AND ENGINEERING DESIGN
CITY OF EMERYVILLE PUBLIC WORKS
P A G E 2
Local Roadway Safety Plan Design Documents
Our team will prepare “quick implementation” documentation for striping and minor civil improvements that come out of the Local Roadway Safety Plan (LRSP). Documentation will typically be sketches without survey, and abbreviated cost estimates.
Fee
Fee estimates can vary greatly depending on the size and complexity of the projects contemplated and will be more accurately determined at the time of assignment. Our team will work with the City to complete the work within the estimated fee, and we will notify the City when the work effort exceeds the budget.
Item 2 – On-Call Design and Grant Support
Scope of Work
MNS will prepare 35% level designs for current unfunded projects in the City CIP, and 10% planning level designs for ATP, LRSP and ADA Implementation Plans.
We will also prepare an Engineer’s Opinion of Construction Cost for each design. The estimate will be based on our experience on recent projects of similar sizes and scope, as well as cost estimating databases, communication with contractors, and other resources.
Fee
Based on previous design efforts, the estimated fee for developing 35% designs is $35,000 per location. Development of planning level exhibits (10% designs) is estimated at $15,000 per location. Fee estimates can vary greatly depending on the size and complexity of the projects contemplated and will be more accurately determined at the time of assignment. Our team will work with the City to complete the work within the estimated fee, and we will notify the City when the work effort exceeds the budget.
Item 3 – McLaughlin Eastshore Park
Scope of Work
MNS will prepare plans, specifications and estimates for the HDS unit and park amenities.
The HDS unit is proposed within the eastbound travel lanes of Powell Avenue.
The subgrade is anticipated to be contaminated. A subconsultant will sample the soil for hazardous materials and suggest disposal options that will be provided in the specifications to the contractor.
Civil engineering and landscape architecture elements include:
• Decomposed granite (DG) path alignment, profile and section and viewing areas. • Tree removals, trim and remove invasive species.
• Plant native shrubs and replant tree.
• Bike parking.
• Demolition of existing hardscape improvements.
• Repair of sidewalk.
• Cobbled swale.
• Tice backflow prevention device (one-way duckbill valve). • Benches, disposal receptacles, and interpretive and other signs.
Description Estimated Fee
Adeline Street Class IV Bikeway (41st – 47th) Concept Design $40,000 Adeline Street Class IV Bikeway (36th – 47th) Final Design $250,000 Marina Area Final Design Modifications $10,000
Paving Rehabilitation Plans $50,000
Local Roadway Safety Plan Design Documents $50,000
Total: $400,000
Description Estimated Fee
On-Call Design and Grant Support $150,000
Total: $150,000
Docusign Envelope ID: A5967395-E059-4686-B2CA-25067B07443B
ON-CALL CONSTRUCTION MANAGEMENT AND ENGINEERING DESIGN
CITY OF EMERYVILLE PUBLIC WORKS
P A G E 3
Structure geotechnical engineering elements include:
• Timber footbridge (20 feet long by 6 feet wide, assumed). • Timber birdwatching platform (30 feet long by 8 feet wide, assumed).
Plans and specs will be submitted for City review at the 65% and 95% complete design stages.
City will perform external coordination and permitting.
Fee
Item 4 – Construction Management Support
Scope of Work
Our CM team will support the City on various projects as requested and within budgets listed in the table below.
Fee
The fee for the 2025 Sustainable Streetscapes project is based on 15% of an estimated construction value of $1,500,000. The estimated fees for the other projects were developed in conjunction with City staff. Actual fees are “to be determined” as projects scheduled for construction.
Scope Exclusions
With our understanding of the work, the following are not required:
• Topographic mapping unless specifically called out in our scope. • Traffic operations and modelling.
• Traffic signal modifications.
• Right of way retracement.
• Temporary construction easements.
• Utility coordination.
• Geotechnical engineering, except as noted for McLaughlin Eastshore Park. • Hydrology and hydraulics analysis and design.
• Environmental permits.
• Water quality permits.
• Water Pollution Control Plan (WPCP) or Storm Water Pollution Prevention Plan (SWPPP). • Tree species identification and mapping.
• Endangered species or protected habitat identification and mapping.
Description Estimated Fee
Surveying $20,000
Hazardous Materials Testing $10,000
Geotechnical Engineering (for structure footings) $15,000 Civil Engineering $50,000
Landscape Architecture $15,000
Structure Engineering $30,000
Construction Management (15% of Construction Cost) $90,000 15% Contingency $34,500
Total: $264,500
Description Estimated Fee
2025 Sustainable Streetscapes Project $225,000
Upcoming Private Development Projects $200,000
On-Call Support for new FY25/26 CIP Projects $100,000
Total: $525,000
Docusign Envelope ID: A5967395-E059-4686-B2CA-25067B07443B
ON-CALL CONSTRUCTION MANAGEMENT AND ENGINEERING DESIGN
CITY OF EMERYVILLE PUBLIC WORKS
P A G E 4
Summary of Estimated Fee
Closing
Thank you for the opportunity to submit this proposal. We are excited and look forward to continuing to work with the City to deliver projects for the community. Please feel free to contact me with any questions you may have at 805-456-3540 or [email protected].
Sincerely,
MNS Engineers, Inc.
Shawn Kowalewski, PE
Principal Engineer, Vice President
c:\box\projects\cieme emeryville\cieme.230597 on-call\1-pm\contract\amendment 2\amendment 2 - scope.docx Description Estimated Fee
Item 1 – 2025 Sustainable Streetscapes Project $400,000 Item 2 – On-Call Design and Grant Support $150,000
Item 3 – Mclaughlin Eastshore Park $264,500
Item 4 – Construction Management Support $525,000
Grand Total: $1,339,500
Docusign Envelope ID: A5967395-E059-4686-B2CA-25067B07443B EXHIBIT A-2: AMENDMENT No.2 SCOPE OF WORK
Emeryville Public Works On-Call Contract
Original Contract and Amendment No.1
(A) (B) (C) (D) = (B+C) (E) = (A-D)
Project Status Pgrm'd Budget JTD ETC Final Budget Delta Constr Design CM Shellmound 62nd-65th Cl-IV Closed $35,263.00 $35,263.00 $0.00 $35,263.00 $0.00 $554,000 $35,263 6% n/a 0% Bay St Cycle Track Closed $63,995.00 $40,090.50 $0.00 $40,090.50 $23,904.50 n/a n/a 0% $40,091 0% BMR Offsite Imp Closed $180,806.40 $160,594.00 $0.00 $160,594.00 $20,212.40 n/a n/a 0% $160,594 0% Sherwin Williams Traf. Calm. Closed $63,995.40 $63,995.00 $0.00 $63,995.00 $0.40 n/a n/a 0% $63,995 0% CIP Sewer Spot Rprs FY22/23 Closed $152,124.00 $142,477.43 $0.00 $142,477.43 $9,646.57 $406,244 n/a 0% $142,477 35% Hollis St Transit and Ped Imp DSDC $563,450.00 $615,293.15 $25,000.00 $640,293.15 -$76,843.15 $4,400,000 $640,293 15% n/a 0% Marina Lighting Closed $350,000.00 $250,401.53 $5,000.00 $255,401.53 $94,598.47 $1,408,725 n/a 0% $255,402 18% Sustainable Streetscape 2024 Active $227,036.00 $248,779.50 $235,000.00 $483,779.50 -$256,743.50 $9,500,000 $25,000 0% $458,780 5% Shellmound-Temescal Crk Brdg Closed $10,007.00 $10,006.72 $0.00 $10,006.72 $0.28 n/a n/a 0% n/a 0% Doyle Street Active $35,500.00 $29,095.00 $10,000.00 $39,095.00 -$3,595.00 $400,000 $39,095 10% n/a 0% Adeline Concept 36th - 41st Active $35,000.00 $0.00 $35,000.00 $35,000.00 $0.00 0% n/a 0% TOTAL $1,717,176.80 $1,595,995.83 $310,000.00 $1,905,995.83 -$188,819.03 Amendment No.2
(A) (B) (C) (D) = (B+C) (E) = (A-D)
Project Status Pgrm'd Budget JTD ETC Final Budget Delta Constr Design CM McLaughlin - East Shore Park Imp Pending Amend No.2 $264,500.00 $264,500.00 $264,500.00 $0.00 $587,500 $161,000 27% $103,500 18% Adeline Concept 41st - 47th Pending Amend No.2 $40,000.00 $40,000.00 $40,000.00 $0.00 0% 0% Adeline Final Design Pending Amend No.2 $250,000.00 $250,000.00 $250,000.00 $0.00 0% 0% Marina Area Final Design Mods Pending Amend No.2 $10,000.00 $10,000.00 $10,000.00 $0.00 0% 0% Paving Rehab Plans Pending Amend No.2 $50,000.00 $50,000.00 $50,000.00 $0.00 0% 0% LRSP Design Docs Pending Amend No.2 $50,000.00 $50,000.00 $50,000.00 $0.00 0% 0% On-Call Design & Grant Support Pending Amend No.2 $150,000.00 $150,000.00 $150,000.00 $0.00 0% 0% 2025 Sustainable Streetscapes Pending Amend No.2 $225,000.00 $225,000.00 $225,000.00 $0.00 $1,500,000 n/a 0% $225,000 15% Upcoming Private Dev Projects Pending Amend No.2 $200,000.00 $200,000.00 $200,000.00 $0.00 0% 0% On-Call Support of FY25/26 CIPs Pending Amend No.2 $100,000.00 $100,000.00 $100,000.00 $0.00 0% 0% TOTAL $1,339,500.00 $0.00 $1,339,500.00 $1,339,500.00 $0.00 Contract $1,050,000.00
Amendment No.1 $950,000.00
Amendment No.2 $1,339,500.00
TOTAL CONTRACT $3,339,500.00
Docusign Envelope ID: A5967395-E059-4686-B2CA-25067B07443B