Staff Report. Valerie J. Barone, City Manager. Kathleen S. Trepa, Assistant City Manager Robert Ovadia, City Engineer

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1 9.j Staff Report Date: To: From: Reviewed by: Prepared by: Subject: September 5, 2017 City Council Valerie J. Barone, City Manager Kathleen S. Trepa, Assistant City Manager Robert Ovadia, City Engineer Mario Camorongan, CIP Manager (925) Considering approval of an Agreement for Professional Services with Ghirardelli Associates in the amount of $278,148 to provide construction management and related services for Citywide Bridge Repair Program Group 2 Bridges - City Project No. 2371, Federal Project No. BPMP 5135 (049); and authorizing the City Manager to execute the agreement, subject to approval of the City Attorney. (Federal grant, Measure J) Pursuant to California Environmental Quality Act (CEQA) Guidelines, a Mitigated Negative Declaration for the overall project was adopted by the City Council on January 10, 2017, through the adoption of Resolution No This activity (Agreement for Professional Services) does not constitute a "project" within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(2) and CEQA Guidelines Section 15378; if a project for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). Report in Brief The Citywide Bridge Repair Program Group 2 Bridges, City Project No. 2371, Federal Project No. BPMP 5135 (049), includes maintenance repairs on eleven bridge Page 1 of 30

2 City Council Agenda Report Agenda Item No. 9.j September 5, 2017 structures throughout the City. These repairs include, but are not limited to, repair of concrete spalling, replacement of joint seals, replacement of expansion joints, replacement of unsound concrete, deck sealing and resurfacing, slope protection repairs, and drainage improvements. Project design is complete and Engineering staff will solicit construction bids this winter for construction in Spring Due to the complexities of the project and extensive environmental coordination, construction management (CM) services are desired in advance of project bidding to complete a pre-bid constructability review of the project documents and to initiate addressing the environmental mitigation requirements. Construction management services will extend through the construction phase and include inspection, testing and biological monitoring services. The recommended CM firm was selected through a Request for Proposal (RFP) process. Based on the analysis of the proposals received, the consultant interview process, and prior experience, Ghirardelli Associates (Ghirardelli) of Richmond, California is recommended as the most qualified firm to provide CM services for this project. Recommended Action Approve an Agreement for Professional Services with Ghirardelli Associates of Richmond, CA in the amount of $278,148 to provide Construction Management and related services for the Citywide Bridge Repair Program Group 2 Bridges [City Project No. 2371, Federal Project No. BPMP 5135 (049)]; and authorize the City Manager to execute the agreement, subject to approval of the City Attorney. Background On September 26, 2006, the City Council adopted Resolution No , approving the Citywide Bridge Repair Program (Project No. 2060), and accepting a grant from Caltrans that was used to fund the costs of evaluating the preventive maintenance needs for 31 City-owned bridges. The evaluation resulted in a prioritized bridge repair needs list, which is the first step in establishing eligibility for Caltrans Bridge Preventive Maintenance Program (BPMP). The BPMP provides funding for certain activities that have been pre-approved by the Federal Highway Administration (FHWA) to extend the life of bridges. These activities include repair of concrete spalling, replacement of joint seals, replacement of expansion joints, replacement of unsound concrete, deck sealing and resurfacing, slope protection repairs, and drainage improvements. Field reviews of the 31 bridges in Concord were conducted in April, Staff worked with Caltrans to select 17 of these bridges for maintenance, 6 of which were identified as requiring only limited environmental documentation. Because federal funds are being used in the project, National Environmental Policy Act (NEPA) clearance, as well as California Environmental Policy Act (CEQA) review is required. The remaining 11 bridges required more detailed environmental analyses and permits. To facilitate timely Page 2 of 30

3 City Council Agenda Report Agenda Item No. 9.j September 5, 2017 repair of those bridges that could be addressed more quickly, the bridges were divided into two groups as follows: Group 1 Bridges - Limited environmental documentation required (Project completed and accepted by City Council): 28C-0034, Willow Pass Road Bridge over Mount Diablo Creek 28C-0189L, Diamond Boulevard Bridge over Walnut Creek Left 28C-0189R, Diamond Boulevard Bridge over Walnut Creek Right 28C-0427, Cowell Road Bridge over Galindo Creek 28C-0436, Walnut Avenue Bridge over Contra Costa Canal 28C-0116, Kirker Pass Road Bridge over Mount Diablo Creek Group 2 Bridges - Extensive environmental documentation required (Project will be advertised for bids in October 2017): 28C-0091L, Concord Avenue Bridge over Walnut Creek Left 28C-0091R, Concord Avenue Bridge over Walnut Creek Right 28C-0115, Ygnacio Valley Road Bridge over Galindo Creek 28C-0183, Willow Pass Road Bridge over Walnut Creek 28C-0221, Court Lane Bridge over Galindo Creek 28C-0222, St. Francis Drive Bridge over Galindo Creek 28C-0224, Whitman Road Bridge over SDM Channel 28C-0278, Claudia Drive Bridge over Holbrook Channel 28C-0357, San Miguel Road Bridge over Pine Creek 28C-0361, Concord Boulevard Bridge over Mount Diablo Creek 28C-0362, Ayers Road Bridge over Mount Diablo Creek Caltrans approved staff s request to split the bridges into two groups in 2013, which resulted in the project s federal funding being split up into three federal project numbers: BPMP 5135(039) to fund the environmental and design work for all seventeen (17) bridges this portion was completed. BPMP 5135(048) to fund right-of-way and construction of the Group 1 Bridges this portion was also completed. BPMP 5135(049) to fund right-of-way and construction of the Group 2 Bridges project design is now complete and the environmental document has been approved. Construction start is scheduled for Spring Analysis Due to the complexities of the project and extensive environmental coordination, construction management services are desired in advance of project bidding to complete a pre-bid constructability review of the project documents and to initiate addressing the environmental mitigation requirements. The construction management Page 3 of 30

4 City Council Agenda Report Agenda Item No. 9.j September 5, 2017 services will extend through the construction phase and include inspection testing and biological monitoring services. Procurement Process Staff prepared a Request for Proposals (RFP) for Construction Management (CM) and related services on June 23, The RFP was advertised in the local newspaper on June 23, 2017 and June 30, The RFP was also published on the City s Public Purchase website from June 20, 2017 through July 14, Six consultants submitted proposals by the July 14, 2017 due date. Staff reviewed the proposals and invited the top three firms for interviews on July 25, Based on the analysis of the proposals, the interview process, and prior experience, Ghirardelli Associates (Ghirardelli) of Richmond, California was selected as the most qualified firm to provide construction management services for this project. The consultant has extensive experience in construction management of projects with similar work scope and passed the reference check. The federal government requires a Disadvantaged Business Enterprise (DBE) goal. For this project it was established at 15%. Ghirardelli provided 79% DBE exceeding the established DBE goal for this project. Staff has negotiated an agreement in the amount of $219,324 with Ghirardelli for construction management and inspection services for this bridge repair project. This cost is approximately 11.8% of the total construction cost, which falls within the allowable Caltrans range of costs for this type of work. Additionally, staff requested that Ghirardelli incorporate materials testing and Biological monitoring services into the contract. Biological monitoring is required to ensure that the Mitigation Monitoring and Reporting Program (MMRP) is implemented. Ghirardelli has partnered with BSK Associates for materials testing services and WRA Environmental for biological monitoring services. The additional cost for the materials testing services is $21,224, and $37,600 for the Biological monitoring services. These costs have been included in the total contract costs. The total proposed contract with Ghirardelli, including materials testing and biological monitoring services will be $278,148 (which equates to 14.9% of the construction costs). The proposed Agreement has been reviewed by the City Attorney s office (Attachment 1). Environmental Review A Mitigated Negative Declaration for the project, pursuant to CEQA guidelines, was adopted by the City Council on January 10, 2017 through the adoption of Resolution No The approval of an Agreement for Professional Services is not an activity that constitutes a "project" within the meaning of CEQA Guidelines Section 15060(c)(2) and CEQA Guidelines Section 15378; if this were determined to be a project for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). Page 4 of 30

5 City Council Agenda Report Agenda Item No. 9.j September 5, 2017 Financial Impact This project, both construction management and construction, is funded primarily from a $2.05 million federal grant. The City s local match is from Measure J. There are adequate funds in the project budget to cover this construction management contract. Public Contact The City Council Agenda was posted. Attachments 1. Location Map 2. Agreement for Professional Services with Ghirardelli Associates Page 5 of 30

6 Attachment 1 8 ID # Bridge # Physical Location 1 28C0091R Concord Ave over Walnut Creek 2 28C0091L Concord Ave over Walnut Creek 3 28C0115 Ygnacio Valley Rd over Galindo Creek 4 28C0183 Willow Pass Rd over Walnut Creek 5 28C0221 Court Ln over Galindo Creek 6 28C0222 St. Francis Dr over Galindo Creek 7 28C0224 Whitman Rd over SDM Channel 8 28C0278 Claudia Dr over Holbrook Channel 9 28C0357 San Miguel Rd over Pine Creek 10 28C0361 Concord Blvd over Mt. Diablo Creek 11 28C0362 Ayers Rd over Mt. Diablo Creek Location Map Citywide Bridge Repair Program Group 2 Bridges Construction City Project No. 2371, Federal Project No. BPMP 5135 (049) (no scale) Page 6 of 30

7 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ( Concord ( ( CONSULTANT ). Citywide Bridge Repair Program Group 2 Bridges (City Project No. 2371, Federal Project No. BPMP 5135 (049) 1. TERM. September 5, 2017June 30, 2018 A. Extension of Term. Agreement to the City s Authorized Representative, as identified in Section 4 below CONSULTANT S performance in accordance with the terms and conditions of this Agreement and 2. SCOPE OF SERVICES. Page 7 of 30

8 3. PAYMENT. $278, AUTHORIZED REPRESENTATIVES. s s 5. AMENDMENT TO AGREEMENT. CITY s A. Amendment for Additional Compensation. s Page 8 of 30

9 Consultant sailure to secure CITY s written authorization for additional compen 6. INDEPENDENT CONTRACTOR. Page 9 of 30

10 7. STANDARD OF PERFORMANCE. 8. PERFORMANCE BY CONSULTANT. CONSULTANT hereby designates the CONSULTANT S CONSULTANT S representative without the prior 9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. of CONSULTANT s user s sole risk and without liability or legal exposure and expenses to attorney s fees arising out of such unauthorized reuse. CONSULTANT s records, documents, calculations, and all other instruments of service Page 10 of 30

11 10. INDEMNIFICATION. A. For Design Professional Services Only B. For All Other Services. all claims, demands, actions, losses, damages, injuries, and liability (including all attorney s fees and other litigation expenses) arising out of the CONSULTANT s performance under the terms Agreement. This indemnification obligation on CONSULTANT s part shall not apply to the Page 11 of 30

12 11. INSURANCE. A. Commercial General Liability Coverage. B. Automobile Liability Coverage. C. Professional Liability Coverage (Errors and Omissions). D. Compliance with State Workers' Compensation Requirements. E. Other Insurance Provisions. (1) Additional Insured. Page 12 of 30

13 (2) Primary Coverage. (3) Reporting Provisions. (4) Verification of Coverage. 12. TIME OF PERFORMANCE 13. SUSPENSION OF WORK. may, at any time, by ten (10) days written no Page 13 of 30

14 14. TERMINATION. ( Work Materials ) become CITY s sole property 15. COMPLIANCE WITH CIVIL RIGHTS. A. Equal Employment Opportunity. B. Nondiscrimination Civil Rights Act of C. Solicitations for Subcontractors including Procurement of Materials and Equipment. Page 14 of 30

15 CONSULTANT of CONSULTANT S obligation under this Agreement and the regulations relative to 16. CONFLICT OF INTEREST s 17. COMPLIANCE WITH LAWS. 18. CHOICE OF LAW. Page 15 of 30

16 19. NON-WAIVER. 20. ENFORCEABILITY; INTERPRETATION. 21. INTEGRATION. 22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. Page 16 of 30

17 23. FINANCIAL RECORDS.Records of CONSULTANT s direct labor costs, payroll 24. NOTICES. Robert Ovadia, City Engineer Community & Economic Development Department City of Concord 1950 Parkside Drive Concord, CA Phone:(925) Fax (925) Raewyn Lelo-Butcher, Vice President Ghirardelli Associates 125 Park Place, Suite # 122 Richmond, CA Phone: NON-LIABILITY 26. EXECUTION Page 17 of 30

18 IN WITNESS WHEREOF, CONSULTANT CITY OF CONCORD, a Municipal Corporation Raewyn Lelo-Butcher Vice President 125 Park Place, Suite #122 Richmond, CA (510) $278,148 Page 18 of 30

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