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PW Southern Heights Bridge Replacement; Amendment 3THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MARK THOMAS AND COMPANY, INC. FOR PROFESSIONAL SERVICES FOR THE SOUTHERN HEIGHTS BRIDGE REPLACEMENT PROJECT THIS THIRD AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and MARK THOMAS AND COMPANY, INC., (hereinafter "CONSULTANT"), is made and entered into as of the 1 $ day of 3Qtie, , 2020. RECITALS WHEREAS, pursuant to City Council Resolution No. 14129, the CITY and CONSULTANT entered into a Professional Services Agreement dated June 7, 2016 to perform preliminary engineering and public outreach in connection with CITY'S project to reconstruct the Southern Heights Bridge, for an amount not to exceed $241,568 (the "Agreement"); and WHEREAS, pursuant to City Council Resolution No. 14439, the CITY and CONSULTANT entered into a First Amendment to the Professional Services Agreement dated December 26, 2017 to perform final design and right of way services for an amount not to exceed $343,499 and increasing the total not to exceed amount under the Agreement to $585,067; and WHEREAS, pursuant to City Council Resolution No. 14634, the CITY and CONSULTANT entered into a Second Amendment to the Professional Services Agreement dated February 8, 2019 to perform additional final design and right of way services for an amount not to exceed $132,777 and increasing the total not to exceed amount under the Agreement to $717,844; and WHEREAS, CITY requires construction support and additional right of way services from the CONSULTANT to facilitate construction of the new bridge, and the CONSULTANT is willing to provide such services; AMENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows: 1. Article 11 of the Agreement, entitled "STATEMENT OF WORK" is hereby amended to include the additional services set forth in CONSULTANT's proposal entitled "Phase 5 — Extended Right of Way Services and Construction Support" dated March 17, 2020, attached to this Third Amendment as Exhibit "A" and incorporated herein by reference. 2. Article V of the Agreement, entitled "ALLOWABLE COSTS AND PAYMENTS" is hereby amended to include additional compensation payable to CONSULTANT for the services described in Exhibit "A" to this Third Amendment, on a time and materials basis in accordance with the "Cost Proposal for Project Scope" included in Exhibit "A", in a not -to -exceed amount of $180,198 for Phase 5, and to change the total not -to -exceed amount under the Agreement to $898,042. 3. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in full force. IN WITNESS WHEREOF, the parties have executed this Third Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL E� JI SC UTZ, Cit a ager ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: Lk a ROBERT F. EPSTEIN, City -Attorney 2 CONSULTANT By: Name: Zach Siviglia Title: Vice President [If Contractor is a corporation, add signature of second corporate officer] By: R /7fi. 6--;,--, Name: R. Matt Brogan Title: Secretary LI MARK THOMAS Scope of work - Southern Heights Bridge Replacement City of San Rafael March 17, 2020 PHASE 5 - EXTENDED RIGHT OF WAY SERVICES AND CONSTRUCTION SUPPORT Prior phases for the project included project initiation, surveying and base mapping, geotechnical investigation, public outreach, preliminary engineering, environmental technical studies, environmental clearance, right of way and utility coordination services and final design. The scope of this amendment request includes: • Updating the TCEs for 5 properties • Continued utility coordination • Modification of the southern retaining wall from a cantilever retaining wall to a soldier pile wall to accommodate construction access requests made by the property owner at 116 Southern Heights during TCE negotiations • Construction support services The detailed scope of work for the proposed additional tasks is provided below. A cost proposal for the proposed scope of work is provided as an attachment. TASK 1.0 RIGHT OF WAY 1.1 TCE Updates Utility relocation has delayed the project, causing previously acquired TCEs to expire before the anticipated completion of project in June 2021. Hamner, Jewell & Associates (HJA) will update the TCEs for the following properties Owner Name APN Address TCE Area Cooper Trust 012-282-36 65 Pleasant Lane 3,637 SF Feidler 013-124-07 122 Southern Heights Blvd 102 and 520 SF Lederman 012-282-40 90 Pleasant Lane 366 SF Lubka 012-282-37 75 Pleasant Lane 9,164 SF Turner Trust 013-124-06 126 Southern Heights Blvd 588 SF TCE and 368 FS Temporary Access Easement The Shemano Family Trust parcel APN 013-132-01 and Daglow parcel APN 012-282-17 have not been scoped as part of these services because the expiration of their TCEs will occur on June 30, 2021 at the same time in which construction completion is anticipated. LA MARK THOMAS Scope of work - Southern Heights Bridge Replacement City of San Rafael March 17, 2020 HJA will update the value of the proposed TCE and access rights by completing waiver valuations and updating the comparable sales in the area. Utilizing their in-house valuation service will reduce total costs and time for appraisal services. However, if HJA is not able to reach amicable settlement with these owner(s), the valuation process would need to start from the beginning as an agency cannot condemn on a waiver valuation. If an agreement cannot be reached using the waiver valuation process it would require formal appraisals, review appraisals, preparation of another offer package and a subsequent offer made to the owner(s). This would require additional budget and time beyond what is included in this scope. Once the valuation process is complete, and the values are reviewed and pre -approved by the City, HJA will prepare offer packages for each owner that will include an offer letter, Valuation Summary Statement, proposed Temporary Construction Easement Agreement, a right of way acquisition informational brochure and Title VI information. These documents will be presented to the City for its review and pre -approval prior to presenting offers to property owners. After offer presentation, HJA will pursue agreements with each owner to obtain the additional TCEs. It is always HJA's goal to reach mutually acceptable amicable agreements on the City's behalf. However, if for any reason HJA does not gain property owner cooperation, HJA will consult with the project team and City Attorney if appropriate to identify other courses of action. 1.2 Utility Coordination Mark Thomas will continue to provide utility coordination for the project to address the relocation of utility poles and overhead electric and communication lines, and natural gas and water lines on the bridge. Due to the federal funding associated with the project, utility coordination services will be conducted in general, conformance with Caltrans Local Assistance and Utility Relocation Manuals. The Mark Thomas team will continue following the Utility A -B -C process. Utility A letter were included as part of Phase 1 scope of work. Utility notification letters and utility agreements were included as part of Phase 2 scope of work. However, due to utility company staff changes and non -responsiveness, along with relocation liability disputes, the utility agreement process has stretched out for more than two years. Mark Thomas will continue coordinating with MMWD, PG&E electrical, PG&E gas, AT&T and Comcast on the relocation of their facilities in conflict with the project. This coordination will include email correspondence, phone calls, conference calls, plan revisions and on-site meetings to discuss the relocation plans and achieve signed utility documents for inclusion in the ROW certification. 13 TCE Negotiated Design Revisions Mark Thomas will redesign the southwest abutment wingwall from a cast -in-place cantilever retaining wail to a soldier pile wall. The design change is needed to minimize access interruption to the Shemano property as negotiated during the TCE acquisition process. 1.4 Updated Right of Way Certification Mark Thomas will prepare a revised Exhibit 13-B Right of Way Certification and send to Caltrans for approval. The revised Exhibit 13-B is expected to include revised TCE Agreements and documentation on receipt of payments for the new TCE's. Additional coordination and updates for utility relocations are not included in this scope of work. Task 1 Deliverables: 0 Updated Offer Packages (Up to S) ►/ MARK o E! THOMAS • Signed Utility Documents • Revised South Abutment Wall Plans • Updated Exhibit 13-B Right of Way Certification TASK. 2.0 BIDDING AND CONSTRUCTION SUPPORT SERVICES Scope of Work - Southern Heights Bridge Replacement City of San Rafael March 17, 2020 2.1 Bidding and Construction Support Mark Thomas will assist the City during the bidding process and during construction of the project. The work may include answering bid inquiries from prospective bidders, attending pre-bid meetings, and preparing addenda to the PS&E documents during the advertisement period. During construction, the work may include responding to Requests for Information (RFIs), providing consultation and interpretation of the contract documents, preparing Contract Change Orders (CCOs), reviewing shop drawings, and attending construction meetings and field visits. It is assumed that the City will contract with a consulting firm to complete the construction management of the project during construction and that Mark Thomas' role during construction will be limited to those items noted above. Mark Thomas has provided a "budget" amount to be used on a time and materials basis as requested by the City. Any time spent beyond this budget will require a contract amendment. 2 2 Record Drawings Mark Thomas will prepare record drawings based on the red -lined as -built drawings submitted by the construction manager after completion of construction. Task 2 Deliverables: • Record Drawings M G Q W tka �L co to t do 0 aj C a 0 u F- u u W 11 0 a 0 LL a cc CLH Ln 0 u CA ttl O O M N r, tD N m m d' 00 � 00 N 00 � 0 tD r� 000 U Ln m DN in O U:) tW/) N N Co0 H Vf 14 Ln Salel7ossv W DD D�j V O N N Ln N N N 4A 12IIaM8fauweH 0 Ln 4^ Ln ~ M O L n 00o Go C N m O --I Q^1 LO O O N CD m tD O cn 4^ F N O S .W -I ON LD fn M 7 M m -zr O H = III � -- i 0 eN 0 1 M io;eulpioo:) :Pa(oJd O a' � 000 Loo to II jopadsul/4:)a1 Xu3 CH' epi ccm a 00 W tm W co p Ja8ul2u3 O cl to N 0U:)N LD D t 0 0 0 00 0 O IT Ln Al JaawXu3 H ri N Q Ln V :I* co 000 000 w M IA a88ulHu3 r° `^ v 00 to 00 00 co to XI JaaulSu3 D-, .-i co ih N N Ln co O 1-4 co tO N LD t0 (n rji)geueW leJnl7nJ;S rr N LA W u LU W Ln 0 a _ 0 a c n U 4 H O ❑. o �� r Z CL ,n O CL)I.-= N O n° U 2 a 0 ei Z oC._w Y N =vsV, W u m t Ln 3 O n o O u +� O v -O y a O as G Z co m � 0 a H O U S2 w Y W aM o_0 °.0 C D G CA M H Z H to m m cr (n = p Ov J Or W J O 0 � H N N N O O 0 O N O N C7 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Hunter Young Extension: 3408 Contractor Name: Mark Thomas and Company, Inc. Contractor's Contact: Julie Passalacqua Contact's Email: jpassalacqua@markthomas.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION REVIEWER COMPLETED DEPARTMENT Project Manager a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 3/17/2020 Attorney c/o Laraine.Gittens@cityofsanrafael.org City Attorney a. Review, revise, and comment on draft agreement x❑ IK 2 3/20/2020 ®LG and return to Project Manager b. Confirm insurance requirements, create Job on 3/20/2020 ❑x LG PINS, send PINS insurance notice to contractor Department Director Approval of final agreement form to send to © BG 3 3/23/2020 contractor Project Manager Forward three (3) originals of final agreement to ❑ HY 4 contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services ❑ HY Agreements and purchases of goods and services that exceed $75,000; and for Public Works Contracts that exceed $175,000 O /j/ / V V y„ vb Date of City Council approval CONTINUE ROUTING PROCESS WITH HARD COPY PRINT t 6 Project Manager Forward signed original agreements to City 6/10/2020 IKK Attorney with printed copy of this routing form 10/28/2020 TS (Rerouted) l�/ % 29/7 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) Agreement executed by City Council authorizedPe/Z J D/zq 0Zv 9 City Manager/ Mayor � official v 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager 11 I 3 I Lo