PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.E
SUBJECT/TITLE:
AMENDMENT #1 TO THE AGREEMENT WITH MNS ENGINEERS, INC. FOR
CONSTRUCTION MANAGEMENT SERVICES FOR THE BELLO BRIDGE PROJECT
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the existing Professional Services Agreement with MNS Engineers, Inc. for Construction Management, Resident Engineer, Inspection, Materials Testing and Environmental Monitoring Services for the Bello Street Bridge Project in the amount of $55,210.86; and appropriating revenues and expenditures in FY 2022.
BACKGROUND:
On April 21, 2020, the City Council awarded a Professional Services Agreement to MNS Engineers, Inc. (MNS) for Construction Management, Resident Engineer, Inspection, Materials Testing, and Environmental Monitoring Services for the Bello Street Bridge Project. Work began on the project in early June 2020, and was paused on October 31, 2020 per permit requirements with the California State Water Resources Control Board.
Work resumed on the project on June 15, 2021 and is now substantially complete, with the exception of the post-construction environmental mitigation, re-vegetation, monitoring and maintenance at the project site, which is currently underway by a separate contractor and will continue for 5 years.
Construction of the project encountered some delays due to permit constraints and materials supply issues and MNS has now exceed the original contract budget. MNS has provided a cost proposal to allow for completion of the inspections of the final portions of work and the close out the contract.
Construction of the Bello Street Bridge project is fully funded by a Federal Highway Bridge Program (HBP) grant. At this time, staff is preparing a project close-out request, which will include a request for funding for all costs that were incurred during construction and are not currently authorized, including the proposed Amendment #1. While the timing of the Caltrans approval of this request is unknown, and based solely on Caltrans receiving, reviewing, and processing the request, staff expects to receive authorization for those additional funds in Fiscal Year (FY) 2023.
Conclusion and Recommendation
Staff recommends the Council adopt a Resolution (Attachment 1) authorizing the City Manager to execute Amendment #1 (Attachment 1.A) to the existing MNS contract to bring the construction management contract to completion, and appropriate revenues and expenditures in FY 2022.
9.E-1Council Agenda 5-17-2022
FISCAL IMPACT:
The fiscal impact of adopting the subject Resolution includes $190,069 in grant revenues and $124,189 in expenditures. Included in these expenditures is the $55,210.86 for the agreement with MNS. The project is 100% federal funded through a HBP grant.
Staff recommends that Council appropriate additional expenditures of $124,189 for the Bello Street Bridge project in FY 2022. The additional expenditure budget includes the following:
Construction project closeout $10,022
Construction management for project closeout (includes additional $55,210.86 agreement with MNS
87,691
Right-of-way utility costs for PG&E 26,476
Total Additional Expenditure Budget $124,189
Staff also recommends that Council appropriate additional grant revenues of $190,069 for the Bello Street Bridge project in FY 2022. These revenues would reimburse the above $124,189 of expenditures plus $65,880 of other expenditures that have either already been spent for the construction of the project, but were not yet included in the revenue budget.
Staff is working with Caltrans Local Assistance (LA) to request additional funding to ensure that all expenditures for this project are supported by the grant based on the actual cost of construction now that the project is substantially complete. The timing of additional funds is likely to be FY 2023. In order to receive funds from Caltrans LA, the City must first incur the costs and pay the contractor. Once invoices are paid, the City can submit progress invoices to Caltrans for reimbursement. The previously authorized funds are currently available for the project and staff has been submitting quarterly progress invoices.
ALTERNATIVES:
1. Decline approval of Amendment #1 and provide staff with direction on how to proceed.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: Proposed MNS Contract Amendment #1 Prepared by: Meeting Date: May 17, 2022
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:
9.E-2Council Agenda 5-17-2022
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #1
TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH MNS, ENGINEERS, INC. FOR CONSTRUCTION MANAGEMENT, RESIDENT ENGINEER,
INSPECTION, MATERIALS TESTING AND ENVIRONMENTAL MONITORING
SERVICES FOR THE BELLO STREET BRIDGE PROJECT IN THE AMOUNT OF $55,210.86; AND APPROPRIATING REVENUES AND EXPENDITURES IN FY 2022 WHEREAS, on April 21, 2020, the City Council awarded a Professional Services Agreement to MNS Engineers, Inc. (MNS) for Construction Management, Resident Engineer, Inspection, Materials Testing, and Environmental Monitoring Services for the Bello Street Bridge Project; and
WHEREAS, the project is now substantially complete, with the exception of the post- construction environmental mitigation, re-vegetation, monitoring and maintenance at the project site, which is currently underway by a separate contractor and will continue for 5 years; and
WHEREAS, some delays due to permit constraints and materials supply issues occurred over the course of the project and MNS has now exceed the original contract budget; and WHEREAS, MNS has provided a cost proposal to allow for completion of the inspections of the final portions of work and the close out the contract; and WHEREAS, the construction of the Bello Street Bridge project is fully funded by a Federal Highway Bridge Program (HBP) grant; and
WHEREAS, staff is preparing a project close-out request, which will include a request for funding for all costs that were incurred during construction and are not currently authorized, including the proposed Amendment #1; and
WHEREAS, staff expects to receive those additional funds in Fiscal Year (FY) 2023.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Amendment #1 (Exhibit A) to the existing MNS contract in the amount of $55,210.86 to bring the construction management contract to completion.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $190,069 of additional grant revenues and $124,188 of additional project expenditures in FY 2022 for the Bello Street Bridge project.
9.E-3Council Agenda 5-17-2022
Attachment 1
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 17th day of May 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
9.E-4Council Agenda 5-17-2022
Attachment 1
AMENDMENT # 1
to the
MAY 13, 2020 AGREEMENT BETWEEN THE CITY OF PISMO BEACH
AND MNS ENGINEERS, INC.
Pursuant to the May 13, 2020 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as “City,” and MNS Engineers, Inc., hereinafter referred to as “Vendor,” City and Vendor hereby agree as follows:
1. Additional services shall be performed as set forth in the proposal dated April 27, 2022, which is attached hereto and by this reference made a part hereof.
2. Compensation for and timing of the additional services shall be as set forth in the referenced proposal. Compensation for the additional services shall not exceed the amount of fifty five thousand two hundred ten dollars and eighty-six cents ($55,210.86 ), without prior written approval of the City.
3. The revised fee under the May 13, 2020 contract, plus this addendum, is eight hundred fifty thousand four hundred forty-eight dollars and eighty-six ($850,448.86).
4. All other provisions of the Construction Management, Resident Engineer, Inspection, Materials Testing and Environmental Monitoring for the Bello Street Bridge Project agreement between City and Vendor shall remain in full force and effect.
CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Benjamin A. Fine, P.E.
Title: Director of Public Works/City Engineer
Dated: ________________________________
Signed:
Name: James R. Lewis
Title: City Manager
Dated: ________________________________
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Title: City Attorney
VENDOR:
MNS Engineers, Inc.
Signed:
Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice:
(if changed from prior agreement)
______________________________________
______________________________________
Email address for official communications:
(if changed from prior agreement)
______________________________________
Vendor Representative:
(if changed from prior agreement)
Name/Title: ____________________________
Attachment: Cost P roposal
9.E-5Council Agenda 5-17-2022
Attachment 1.A
811 El Capitan Way, Suite 130
San Luis Obispo, CA 93401
Ph 805.787.0326 F 805.787.0437
City of Pismo Beach
Attention: Chad Stoehr, PE
760 Mattie Road
Pismo Beach, CA 94339
SUBJECT: Amendment to Contract for Construction Management for the Bello Street Bridge Replacement Dear Mr. Stoehr:
Thank you for considering an amendment to MNS’ contract to provide Construction Management Services for the Bello Street Bridge.
The Bridge Construction has been extended due to permit constraints and contractor delays, this has caused MNS to exceed our budget. To complete the project MNS is asking for an amendment to our Contract in the amount of $55,210.86. This amount would allow us to finish inspecting the final portions of work and close out the contract.
Again, we appreciate the opportunity to propose on this project. Please contact me at 805.279.6864 or at [email protected] should you have any questions or would like to further discuss our qualifications.
Sincerely,
MNS Engineers, Inc.
Aaron Hilton, PE, QSD/QSP
Senior Regional Construction Manager
April 27, 2022
9.E-6Council Agenda 5-17-2022
Attachment 1.A
ROLE Feb Mar Apr May Jun Jul
TASK 3.0: POST‐CONSTRUCTION
Project/Construction Manager 8 6 2 16 $217.00 $3,472.00 Resident Engineer/Structure Representative 60 16 76 $178.00 $13,528.00 Construction Inspector 40 20 60 $170.00 $10,200.00
Office Engineer 20 20 16 56 $92.00 $5,152.00
0 0 128 62 18 0 208 $32,352.00
March invoices (unpaid)
Additional CM through closeout
Notes:
1.Hours based on an extended construction hours through until May
2.Inspection hourly rate may adjust should there be any increase in DIR prevailing wage rates.
3.Hours and costs are an estimate only. Actual hours and costs will be based on contrator's schedule.
TOTAL COST
SUBTOTAL
Aaron Hilton, PE, QSD/QSP
TBD
Laurie Jones
Andrew Borrelli, PE, CPII, QSP/QSD
SUBTOTAL
Amendment
$55,210.86
$55,210.86
$32,352.00
2022
City of Pismo Beach
TOTAL COST TOTAL
HOURS
Construction Management, Materials Testing, and Environmental for Bello Street Bridge Replacement Fed No. BRLO-5289(012) Br.No. 49C-0109 Amendment STAFF
HOURLY
RATE 2021
SUB‐TOTAL
Current Invoice Through 3/31/22
$22,858.86
Bello Street bridge replacement Amendment through Close out
9.E-7Council Agenda 5-17-2022
Attachment 1.A