CC 2024-09-24_09f Amendment with Consor Traffic Way BridgeItem 9.f.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director
BY: Shannon Sweeney, City Engineer
SUBJECT: Contract Amendment No. 4 for Consulting Services with Consor
Engineers, for Cost Increase and Time Extension Associated with
Design, Environmental, and Construction Support Services for the
Traffic Way Bridge Replacement Project
DATE: September 24, 2024
RECOMMENDATION:
Authorize the City Manager to approve Amendment No. 4 to the contract for consultant
services with Consor Engineers for the following: 1) to extend the contract end date from
October 31, 2024 to October 31, 2026 ; and 2) adjust the not-to-exceed compensation to
incorporate the additional services needed to address lengthened project schedule,
design changes, right-of way and utility issues, and to include construction support
services.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
A total of $13,822,938 over the next two fiscal years is budgeted for the Traffic Way Bridge
Replacement Project (the “Project”). The Highway Bridge Program (HBP) is funding
88.53% ($12,237,447) of the project, and Measure O-2006 Sales Tax is funding the
remaining 11.47% ($1,585,491) of the project.
An additional $119,481.03 in design and right-of-way costs and $181,368.97 in
construction support costs for a total of $300,850 is necessary for the additional services.
The HBP is expected to fund 88.53% and the City’s share of the $300,850 amendment
would be $34,507.
BACKGROUND:
On October 8, 20191, the City Council approved a contract for consultant services with
Quincy Engineering (now Consor Engineers, or “Consor”) for $1,237,398 for engineering
design and environmental work for the Project. The original proposal of $1,237,398 did
1 https://www.arroyogrande.org/AgendaCenter/ViewFile/Item/9056?fileID=15493
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Item 9.f.
City Council
Contract Amendment No. 4 for Consulting Services with Consor Engineers, for
Cost Increase and Time Extension Associated with Design, Environmental, and
Construction Support Services for the Traffic Way Bridge Replacement Project
September 24, 2024
Page 2
not include costs for construction support services. Rather, the original proposal stated,
“this optional scope of work could be authorized through contract amendment prior to the
start of construction after the scope and magnitude of the final project are understood.
After award of the construction contract, the team will be available to provide construction
support services such as reviewing contractor submittals, reviewing shop plans, reviewing
scaffolding plans and calculations, preparing and/or reviewing change orders, and making
field observations, at the Resident Engineer’s or City’s request. Upon completion of
construction, Quincy would prepare as-built plans based on the construction management
team plan markups.”
On October 11, 20222, the City Council approved an amendment to Quincy Engineering
extending the contract by two years from October 31, 2022 to October 31, 2024.
On September 12, 20233, the City Council approved Amendment No. 3 to increase costs
associated with design and environmental services by $157,800. This increase
addressed the following:
Additional project management due to the two-year project delay.
Additional analysis of traffic safety issues recommended by the mitigated
negative declaration.
Public outreach associated with the detour plan.
Additional CEQA documentation to address the traffic calming mitigation
measures.
Additional site sampling and testing.
Right-of-way acquisition for 12 temporary construction easements identified
during preliminary design.
ANALYSIS OF ISSUES:
The existing design and engineering consultant agreement with Consor expires on
October 31, 2024. Staff recommends that the contract time be extended through October
31, 2026, to accommodate the construction and project closeout phases of this project.
A contract price amendment is warranted for the following reasons:
1. Additional project management and Caltrans programming coordination.
2. Additional permit compliance.
3. Additional revegetation plans and bid documents.
4. Additional utility coordination.
5. Additional Caltrans encroachment coordination.
2 https://pub-arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=4336
3 https://pub-arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=8431
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Item 9.f.
City Council
Contract Amendment No. 4 for Consulting Services with Consor Engineers, for
Cost Increase and Time Extension Associated with Design, Environmental, and
Construction Support Services for the Traffic Way Bridge Replacement Project
September 24, 2024
Page 3
6. Additional file design.
7. Restore bid support.
Amendment No. 4, included as Exhibit 1 in Attachment 1, provides detailed justifications
for each of the items listed above. Further competitive selection procedures would be
contrary to the public’s interest because the consultant has particular knowledge and
background relating to the project. If a new consultant wer e selected, that consultant
would need to spend significant time acquiring the same knowledge, adding unnecessary
and prohibitive costs to the project.
The length of time to complete negotiations associated with obtaining the last few
temporary construction easements and utility agreements increased costs above the
budgeted amounts. These lengthy negotiations were unforeseen and not caused by any
deficiencies on the part of the design and engineering consultant.
Construction support services were not included in Consor’s original proposal because
the full scope of the project was not known at that time. The proposed cost for these
services is $181,368.97.
The total requested amendment to the Consor agreement is $300,850.00.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve Amendment 4 to Consor;
2. Do not approve Amendment 4; or
3. Provide other direction to staff.
ADVANTAGES:
Consor has been involved with the Traffic Way Bridge Replacement Project since its
inception and has been instrumental in delivering design, environmental, grant, and right-
of-way documentation.
Approving this amendment to Consor’s Consultant Services agreement will allow Consor
to provide engineering and construction support services through the Traffic Way Bridge
Replacement Project construction and closeout phases. Their historical perspective and
detailed design familiarity will provide a beneficial level of continuity that will help provide
a successful completion of this complicated project in a cost-effective manner and in the
short time schedule allotted.
DISADVANTAGES:
Amending the contract price increases project costs, for which the City is responsible for
paying 11.47% using local funds.
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Item 9.f.
City Council
Contract Amendment No. 4 for Consulting Services with Consor Engineers, for
Cost Increase and Time Extension Associated with Design, Environmental, and
Construction Support Services for the Traffic Way Bridge Replacement Project
September 24, 2024
Page 4
NEXT STEPS:
The Project design phase is complete. The plans have incorporated the hybrid detour
plan recommended by the City Council at its September 10, 20244 meeting.
Project construction is expected to go out to bid September 26, 2024. By then, the
Caltrans encroachment permit is expected to be issued. Work is still underway on the
environmental permits. If final permits are not obtained before the project goes out to bid,
an addendum will be issued. Expected permit requirements have already been
incorporated into the documents.
A Request for Proposals for Construction Management will be issued in the same
timeframe as the construction bidding. The goal is to award the construction project and
construction management at the December 10, 2024, City Council meeting.
ENVIRONMENTAL REVIEW:
On September 26, 20235, the City Council adopted a Mitigated Negative Declaration
(MND) for the Project (SCH No. 2022060452). The MND analyzed the environmental
impacts of the Project in compliance with the California Environmental Quality Act.
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.
ATTACHMENTS:
1. Amendment No. 4 to Contract for Consultant Services
4 https://pub-arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=12478
5 https://pub-arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=8662
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ATTACHMENT 1
AMENDMENT NO. 4 TO CONTRACT FOR CONSULTANT SERVICES
This Amendment to the Contract for Consultant Services ("Amendment") by and between
Quincy Engineering, Inc. ("Consultant") and the CITY OF ARROYO GRANDE, a
Municipal Corporation ("City"), is made and entered into this 24th day of September 2024.
WHEREAS, the parties entered into an Contract for Consultant Services dated October
8, 2019 for Professional Engineering Services for the Traffic Way Bridge Replacement
Project ("Contract"); and
WHEREAS, the parties desire to modify the Contract as set forth herein.
NOW THEREFORE, for valuable consideration the receipt and sufficiency of which is
acknowledged, the parties agree as follows:
1. The above recitals are true, correct and are incorporated herein by reference.
2. Quincy Engineering, Incorporated (QEI) was acquired and became a wholly owned
subsidiary of Consor North America, Incorporated ("Consor''). "Consultant" in the
Contract shall now herein refer to Consor, and all obligations and rights of the
Consultant under this Agreement shall be assigned to Consor.
3. The additional Services by Consor, Exhibit 1 (attached), are incorporated into the
Contract by reference.
4. The total amount payable in the Contract by the City to Consor will be increased
by $300,850 and will not exceed $1,696,048.
5. Except as modified herein, all other terms and conditions set forth in the Agreement
and its Exhibits shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Amendment the
day and year first above written.
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ATTACHMENT 1
CITY OF ARROYO GRANDE:
_______________________________
Matthew Downing, City Manager
Consor Engineers:
________________________________
By: Mark L. Reno, Principal
ATTEST:
_____________________________
Jessica Matson, City Clerk
APPROVED AS TO FORM:
_____________________________
Isaac Rosen, City Attorney
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ATTACHMENT 1
Exhibit 1
Amendment 4 Request
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