CC 2020-07-14_08f Approve Amendment No. 1_Bridge St Bridge
MEMORANDUM
TO: CITY COUNCIL
FROM: BILL ROBESON, PUBLIC WORKS DIRECTOR
BY: JILL MCPEEK, CAPITAL IMPROVEMENT PROJECT MANAGER
SUBJECT: CONSIDERATION OF A FIRST AMENDMENT TO CONTRACT FOR
CONSULTANT SERVICES WITH FILIPPIN ENGINEERING, INC. FOR
THE BRIDGE STREET BRIDGE PROJECT, PW 2020-01
DATE: JULY 14, 2020
SUMMARY OF ACTION:
Amend an existing contract for additional construction management and environmental
services necessary to successfully begin construction of the Bridge Street Bridge
Rehabilitation project.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Following the opening of construction bids, a final funding amount of $8,505,310 through
the Federal Highway Bridge Program (HBP) has been programmed for the project. The
funding includes $914,401 for construction management and engineering costs during
the construction phase of the project. It is proposed $146,000 be used by Quincy
Engineering for construction design support and $715,214.16 be used by Filippin
Engineering for construction management services ($579,339.42 original contract plus
$135,874.74 for Amendment No. 1). This leaves a balance of $53,186.84 of the
construction management grant funds available for early tree trimming and removal and
City staff time. Staff time will be necessary to coordinate construction activities with the
contractor and construction management consultants.
RECOMMENDATION:
It is recommended the City Council:
1. Approve a First Amendment to the Contract for Consultant Services ("First
Amendment") with Filippin Engineering, Inc. to include additional services; and
2. Authorize the Mayor to execute the First Amendment.
BACKGROUND:
On January 28, 2020, the Council approved a consultant services agreement with Filippin
Engineering, Inc. to perform construction management, resident engineer, inspection,
materials testing, and environmental services during the construction phase of the Bridge
Street Bridge Rehabilitation project.
Item 8.f. - Page 1
CITY COUNCIL
CONSIDERATION OF A FIRST AMENDMENT TO CONTRACT FOR CONSULTANT
SERVICES WITH FILIPPIN ENGINEERING, INC. FOR THE BRIDGE STREET BRIDGE
PROJECT, PW 2020-01
JULY 14, 2020
PAGE 2
The scope of work solicited, proposed on, and awarded anticipated a traditional
construction project startup and that construction management services would begin
approximately three weeks prior to the construction start date. However, several issues
dictated that services of the Filippin Engineering team begin immediately following the
award of the construction management contract in order to address items needed to move
the project forward into construction, adding costs to the contract.
ANALYSIS OF ISSUES:
During the course of construction bid review and construction contract award, it was
determined that a number of items needed to be addressed in order to begin construction
on June 1, 2020. These items required the expertise and assistance of the Filippin
Engineering team and were not included in the original contract’s scope of work. If these
items had not be addressed immediately, the project would have experienced
considerable delays and the possibility of the contractor completing construction within
the creek work window would have been jeopardized.
The most critical items were environmental in nature. The first item discovered was a
discrepancy in the various environmental permits’ beginning and end dates for working
within the creek. This required Filippin Engineering’s subconsultant, Rincon Consultants,
to coordinate with and apply for amendments through the various regulatory agencies.
Rincon Consultants was successful in securing a June 1, 2020 start date from all agencies
which gained an additional 15 days for construction in the extremely tight creek work
window. Rincon Consultants also prepared and submitted a Winter Preparedness Plan
allowing the creek work window end date to be extended from a September 30, 2020
permit expiration date to October 31, 2020.
The second item addressed by Filippin Engineering and its subconsultant, Rincon
Consultants, involved nesting birds that were discovered within the project area during
the required pre-construction surveys. The dilemma the team faced was that while waiting
on the nested birds to fledge, other birds continued to attempt to build nests within the
project area. This required the consultant and contractor team to coordinate and develop
strategies that allowed certain construction activities to continue while biologists
monitored the nests and employed efforts to deter additional nest building at the project
site, which would have caused further delays. This additional full-time monitoring was not
anticipated in the original scope of work.
In addition to the environmental items, other unanticipated pre-construction services from
the Filippin Engineering team were required to move the project forward into construction.
The most significant being an extraordinary amount of iterations of the submittals and
requests for information submitted by the contractor that required review. Other activities
included investigation and coordination to relocate the complex and mostly unknown
Item 8.f. - Page 2
CITY COUNCIL
CONSIDERATION OF A FIRST AMENDMENT TO CONTRACT FOR CONSULTANT
SERVICES WITH FILIPPIN ENGINEERING, INC. FOR THE BRIDGE STREET BRIDGE
PROJECT, PW 2020-01
JULY 14, 2020
PAGE 3
network of electrical and irrigation facilities at Olohan Alley, and analyzing critical activities
affected by the environmental issues and the effect to the overall project schedule.
The additional services are proposed to be funded with grant funds that are available for
construction engineering (CE) activities as presented in the table below.
Grant
Phase Activity
Amount
Programmed
CONST Construction $ 6,096,009
(Construction) - Granite Construction Contract 5,541,099
- Construction Contingencies (none at this time)554,110
- Federal Trainee Program 800
CE Construction Management & Engineering $ 914,401
(Construction Eng) - Quincy Engineering (Design Support)146,000
- Filippin Engineering (Original Contract)579,339
- Filippin Engineering (Amendment No. 1)135,875
- Pre-Construction Tree Trimming & Removal 47,979
- City Costs, City Staff Time 5,208
ROW Right of Way / Utilities $ 350,000
(ROW & Utilities) - Temporary Construction Easements (TCEs)200,000
- TCE Procurement and City Administration 81,194
- Quincy Engineering (Utilities Design)68,806
PE Design & Survey $ 1,144,900
(Preliminary Eng) - Quincy Engineering (Design & Permitting)1,036,574
- City Costs, City Staff Time 108,326
TOTAL $ 8,505,310
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve a First Amendment to the Agreement;
2. Do not approve a First Amendment to the Agreement; or
3. Provide direction to staff.
ADVANTAGES:
Approval of the First Amendment allows grant funds to be used for pre-construction
activities requested of the construction management team. Bringing the Bridge Street
Bridge up to standard loading conditions will remove the 3-ton maximum load limit and
would allow fire and delivery trucks to utilize Bridge Street as a route.
Item 8.f. - Page 3
CITY COUNCIL
CONSIDERATION OF A FIRST AMENDMENT TO CONTRACT FOR CONSULTANT
SERVICES WITH FILIPPIN ENGINEERING, INC. FOR THE BRIDGE STREET BRIDGE
PROJECT, PW 2020-01
JULY 14, 2020
PAGE 4
DISADVANTAGES:
Some traffic related disruption within the Village will occur during construction activities.
Approval of the First Amendment will use $135,875 of construction phase grant funds,
leaving $5,208 for city costs and staff time.
ENVIRONMENTAL REVIEW:
No environmental review is needed to approve the First Amendment.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Item 8.f. - Page 4
CONTRACT FOR CONSULTANT SERVICES
AMENDMENT NO. 1
This First Amendment ("First Amendment") to Contract for Consultant Services
(“Agreement”) by and between the CITY OF ARROYO GRANDE and FILIPPIN
ENGINEERING, INC. (“Consultant”) is made and entered into this day of 2020.
WHEREAS, the parties entered into an Agreement dated January 29, 2020, for
construction management, resident engineer, inspection, materials testing, and
environmental services; and
WHEREAS, the parties desire to modify the Agreement as set forth herein.
NOW THEREFORE, for valuable consideration the receipt and sufficiency of which is
acknowledged, the parties agree as follows:
1. To include the additional services at the increased cost as specified in Exhibit "A"
attached hereto and incorporated herein by this reference.
2. Except as modified herein, all other terms and conditions set forth in the
Agreement shall remain unchanged.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed
the day and year first above written.
CITY OF ARROYO GRANDE CONSULTANT
By:__________________________By:____________________________
Caren Ray Russom, Mayor Gino Filippin, President
Attest:
____________________________
Kelly Wetmore, City Clerk
Approved As To Form:
_____________________________
Timothy J. Carmel, City Attorney
Item 8.f. - Page 5
June 17, 2020
City of Arroyo Grande
Attn: Jill McPeek
1375 Ash Street
Arroyo Grande, CA 93420 (transmitted via email)
SUBJECT: REQUEST FOR AUTHORIZATION OF EXTRA SERVICES FOR CMIT SERVICES,
BRIDGE STREET BRIDGE REPLACEMENT PROJECT
Dear Ms. McPeek,
Filippin Engineering, Inc. (FE) is submitting this Request for Additional Authorization to provide Preconstruction
Management and Inspection Services (CMIT) to the City of Arroyo Grande for the Bridge Street Bridge Replacement
project, during the pre NTP phase.
Our original proposal anticipated a traditional construction project start that included site recon and documentation,
review of submittals required at the preconstruction meeting, stakeholder coordination, and chairing the precon
meeting. In addition, we anticipate these services would be performed within approximately three weeks of the
projects NTP. Below is a summary of those estimates.
Currently, FE commenced its CMIT services in mid-February and continued providing service to the project through
the revised NTP date of June 1, 2020. Additional services provided during this 3½ month period include:
1.Correspondence, meetings, and schedule coordination with the City, environmental monitoring consultant,
and the Contractor associated with environmental permit date requirement discrepancy, and necessary
modifications.
2.A detailed breakdown of additional environmental support expended pre NTP is attached (Rincon letter
dated 6/9/20).
3.Significant additional time spent providing early review of multiple contractor submittals. Between 3/23/20
and 5/29/20 the CMIT team receive 51 submittals, many requiring 3 or more reviews.
4.Additional time involved with the investigation and relocation of the parks irrigation electrical control panel
system and PG&E (work by others) coordination.
EARTH SYSTEMS RINCON
Gino Filippin, PE Raul Estrada Dean Johe
Resident
Engineer/Structures
Representative
Assistant
Construction
Manager/Asst.
Structures Rep.
Assistant RE
A.1 PUBLIC/COMMUNITY RELATIONS AND STAKEHOLDER COORDINATION SERVICES
8 16 8
A.2 PRE-CONSTRUCTION PHASE SERVICES
8 24 8
8 32 16
Pre-Con Total Hours 16 56 24 0 NA NA
PROJECT TOTAL HOURS 3,643.04$ 8,394.96$ 3,542.88$ -$ -$ 9,431.00$
Hourly Rates 227.69$ 149.91$ 147.62$ 51.64$
TOTAL ESTIMATED PROPOSED PRECON PHASE CMIT COSTS 25,011.88$
1.1 Community Outreach Plan Coordination
2.1 Bidding Phase
2.2 Contract Award Phase
FILIPPIN ENGINEERING
Notes & Assumptions
1.0 Based on construction duration of 140 Working Days
2.0 FE using average 80 hours per month during the construction
phase.
Labor Compliance
Officer
Subconsultant
Materials Testing
Subconsultant
Environmental
Services
EXHIBIT A
Item 8.f. - Page 6
t t
I I
5. Significant additional time spent providing early review of multiple contractor RFIs. Between 3/23/20 and
5/29/20 the CMIT team receive 26 RFIs, many requiring multiple responses and meetings with City and other
CMIT team members to prepare and/or respond to the various issues.
6. Significant additional time spent analyzing the complex details potentially affecting the project schedule,
especially those cri tical activities potentially affected by environmental issues.
7. Additional CMIT onsite time due to NTP modification from 5/18/20 to 6/1/20.
Due to the aforementioned activities and including estimated services in our proposal (from table above) FE has
expended a total of $99,395.74 between mid-February and the project NTP (6/1/20). Therefore, the net increase to
the contract for additional FE services is $89,964.74. FE’s environmental subconsultant (Rincon) has estimated their
additional in a different manner; please see their attached letter for that analysis. Rincon’s additional authorization
request is $45,910.00; making the grand total of our additional authorization request $135,874.74.
If you have any questions, please do not hesitate to call, (805) 729-0041.
Sincerely,
FILIPPIN ENGINEERING
Gino Filippin, P.E.
President
RCE 57254
Item 8.f. - Page 7
Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, California 93401
805 547 0900 OFFICE AND FAX
info@rinconconsultants.com
www.rinconconsultants.com
E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s
June 9, 2020
Project No: 19-08570
Mr. Gino Filippin, PE
Principal Engineer
Filippin Engineering, Inc.
354-D S Fairview Ave
Goleta, California 93117
Via email: Gino@fecivil.com
Subject: Budget Amendment Request for the Bridge Street Bridge Rehabilitation Project No.
BHL-5199, San Luis Obispo County, California
Dear Mr. Filippin,
Following our discussions with the City of Arroyo Grande (City), Rincon Consultants, Inc. (Rincon) is
submitting a budget amendment request for out of scope services related to already completed work
with planning activities prior to June 1, and the projected increase in monitoring activities that will take
place throughout most of June due to delays in diversion construction and nesting bird issues.
Task 1.1 Project Management (Planning Activities)
Rincon’s project manager assisted the City and Filippin with out of scope planning activities including
project permitting; construction plan guidance, review, revisions, and submittals; additional regulatory
requirements including the development of a Winter Preparedness Plan; and additional conference
calls.
Project Permitting
Rincon discovered issues early on with the current project permits. Some permits included a start date
on June 15 (National Marine Fisheries Service [NMFS] Biological Opinion), which is not a typical start
date for dry season work, but was included in permit applications. The typical start date is June 1. This
would have caused an unnecessary delay in an already tight schedule. The project is also under what is
known as operations of law through the California Department of Fish and Wildlife (CDFW) since the
CDFW did not submit a Lake and Streambed Alteration Agreement (LSAA) within 60 days of application
submittal. This allows the project to move forward under the requirement that the project be
implemented exactly as described in the application. The application included the June 15 start date as
well. Rincon submitted an amendment request to the NMFS and requested guidance from the CDFW
since operations of law can’t be amended. NMFS approved the amendment request and the CDFW
worked with the City in an attempt to either provide an LSAA quickly by May 20 to include an
amendment to start construction on June 1 or have the project under operations of law once again. The
project is again under operations of law with a June 1 start date. Rincon’s project manager requested
the amendments, discussed strategies with the City and Filippin, and consulted with the resource
agencies.
Item 8.f. - Page 8
Filippin Engineering
Bridge Street Bridge Rehabilitation Project Budget Amendment Request
Page 2
Construction Plans
Rincon’s project manager provided guidance, review and suggested revisions to three versions of the
contractor required diversion plan as required by the Regional Water Quality Control Board (RWQCB).
Rincon submitted the drafts to the RWQCB and shared with Filippin responses and suggested revisions
to provide to the contractor. The Stormwater Pollution Prevention Plan was also reviewed and
suggested revisions were provided.
Additional Regulatory Requirements
Rincon’s project manager received an email from the RWQCB describing the Water Quality Certification
only approved work in jurisdictional areas up until September 30 and the diversion plan included work in
these areas up until October 31, which was in the permit applications. The RWQCB approved the
diversion plan under the condition that within a week, a Winter Preparedness Plan be developed with
certain elements the RWQCB required. Rincon’s project manager developed the plan, submitted it for
review to the City and Filippin, and submitted a final version of the plan to the RWQCB by the end of the
same week as required by the RWQCB.
Additional Conference Calls
Numerous conference calls were conducted to address the issues in the out of scope work detailed
above.
Task 1.1 Out of Scope Cost: $6,674 (44.5 hours)
Task 2.1 Full-time Monitoring (Additional Monitoring)
During pre-construction surveys, nesting birds were discovered directly within the project area and
additional nesting activities were documented occurring at the site. The City requested Rincon conduct
additional surveys prior to the June 1 start date to assess the nesting situation and deter any additional
nest building if possible. Rincon was able to absorb these additional survey costs in the original nesting
bird survey scope of work. Due to the current nest located in the project site, an additional nest
discovered deep within heavy brush in the project site, and additional nest building occurring under the
bridge, project activities including diversion construction and vegetation grubbing have been delayed.
Rincon and Filippin have developed strategies to continue certain project activities while Rincon
biologists continue to monitor current nests and attempt to deter additional nest building at the project
site.
The City has requested Rincon continue full-time monitoring onsite to work with the team to monitor
current nests and deter nest building as project schedules and strategies are developed. Nest building
activities are occurring daily and it is important to have two monitors onsite to evaluate nesting
conditions and to ensure project best management practices are in compliance with project permits.
The original scope of work included 2 weeks of full-time monitoring for one monitor and 1.5 weeks for a
required red-legged frog monitor (8-hour days) to be onsite during diversion and vegetation grubbing
activities. This amendment includes additional hours for two full-time monitors as well as additional
hours during the first two weeks since monitoring and daily monitoring reports are requiring 10-hour
days. Following the construction of the diversion and completed vegetation grubbing activities, the
originally scoped part-time monitoring will take place.
Item 8.f. - Page 9
Filippin Engineering
Bridge Street Bridge Rehabilitation Project Budget Amendment Request
Page 3
This amendment for additional monitoring services includes approximately 3 additional weeks for two
full-time compliance, bird, and red-legged frog monitors, additional expenses, four 4-hour nest checks
during four weekends, as well as one additional fish relocation biologist to be onsite when water is
diverted and additional fish need to be relocated. Rincon has already relocated close to two hundred
fish including 19 rainbow trout/steelhead, but instream fallen trees, and thick vegetation has created
challenges relocating fish when water is flowing. Rincon will continue to relocate fish when possible until
water is diverted. Increased effort with the additional biologist will occur when flows recede as the
creek is diverted.
Task 2.1 Out of Scope Cost: $39,236 (374 hours + 20 hours additional fish biologist)
Out of Scope Costs
The out of scope costs for work already completed under Task 1.1 and projected additional costs under
Task 2.1 is: $45,910.
Rincon is committed to providing excellent environmental consulting services. Please do not hesitate to
contact us if you have any questions regarding this requested budget amendment or any other matters
related to our services. Thank you for the opportunity to assist you with this project.
Sincerely,
Rincon Consultants, Inc.
Steve Howard Colby J. Boggs, MS
Project Manager/Senior Fisheries Biologist Principal/Senior Ecologist
Item 8.f. - Page 10