HomeMy WebLinkAboutPW Southern Heights Blvd Bridge Replacement Project; Construction Management Services; Second AmendmentSECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
SUBSTRATE, INC. FOR PROFESSIONAL SERVICES FOR THE
SOUTHERN HEIGHTS BRIDGE REPLACEMENT PROJECT
THIS SECOND AMENDMENT to the Professional Services Agreement by and
between the CITY OF SAN RAFAEL (hereinafter "CITY"), and SUBSTRATE, INC.,
(hereinafter "CONSULTANT"), is made and entered into as of the day of
A-Awanke/- , 2021.
RECITALS
WHEREAS, pursuant to City Council Resolution No. 14846, the CITY and
CONSULTANT entered into a Professional Services Agreement dated September 17,
2020 for construction management, inspection, and materials testing services
associated with the CITY'S Southern Heights Bridge Replacement project, for an
amount not to exceed $425,000 (the "Agreement"); and
WHEREAS, pursuant to City Council Resolution No. 14971, the CITY and
CONSULTANT entered into a First Amendment to the Professional Services
Agreement dated September 20, 2021 to provide additional construction management,
inspection, and materials testing services for an amount not to exceed of $65,885 and
increasing the total not to exceed under the Agreement to $490,885; and
WHEREAS, the CITY requires additional construction management, inspection,
and materials testing services from the CONSULTANT to cover the 21 working days
that have been added due to change orders and rain delays, and the CONSULTANT is
willing to provide such services. These additional services will result in a Second
Amendment for an amount not to exceed of $59,000 and increases the total not to
exceed under the Agreement to $549,885.
AMENDMENT TO AGREEMENT
NOW, THEREFORE, the parties hereby agree to amend the Agreement as
follows:
1. Article III of the Agreement, entitled "STATEMENT OF WORK" is hereby
amended to include the additional services set forth in CONSULTANT's
proposal entitled "Revised Scope of Services" dated October 28, 2021,
1
attached to this Second 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
Second Amendment, on a time and materials basis in accordance with the
"Revised Cost Proposal Summary & Schedule" included in Exhibit "A", in a
not -to -exceed amount of $59,000, and to change the total not -to -exceed
amount under the Agreement to $549,885.
3. Except as specifically amended herein, all 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 Second Amendment on
the day, month, and year first above written.
CITY OF SAN RAFAEL
JIM S HU Z, City ana er
ATTEST:
�• N
LINDSAY LARA, City Clerk
APPROVED AS TO FORM
'_ L
�L ROBERT F. EPSTEIN, Cify Attorney
2
CONSULTANT: SUBSTRATE, INC.
By:
Sundeep Jhutti
Name:
Title: President
and �� Zr
By:
Name: Sundeep Jhutti
Title:
President
Mr. Theo Sanchez
Project Manager
San Rafael - Department of Public Works
1400 Fifth Avenue, CA 94901
Substrate, Inc
October 28, 2021
Subject: Request for 2"d Contract Amendment to Cost Proposal to Provide Construction Management Services
for the Southern Heights Bridge Replacement Project — City Project Number —11282 Fed BRLO-5043 (038)
Dear Mr. Sanchez:
Substrate, Inc has been committed to ensure Disney Construction finishes this project, without sacrificing quality
and, it on its way for a completion in the Fall of 2021— with an estimated substantial completion date of December
3rd, 2021 and full project completion by November 30, 2021.
This 2nd Amendment is required due to a number of factors:
• The MMWD Southern Heights Bridge Waterline project, which was slated to start on October 31, 2021
was moved up to an October 18th start, which impacted the efficiency of Disney Construction.
• The MMWD Waterline Project was supposed to last 2 weeks (From Oct 18, 2021 to Oct 29, 2021), but is
expected to take 3 weeks now and will completed on November 5th, 2021, as result of a delayed start
because of large rain event which started on October 20th — October 25th. (5 WD of time impact).
• There also several days added to the contract for Change Orders, that include 6 working days for a new
Timber Fence/Railing from Meyer Rd to the bridge, New AC Dike and Drainage Modifications; 2 working
days for the timber cladding on the bridge railing, 2 working days for the Timber Access Deck at 122 SH, 2
working days for the fence at 126 SH, a 2 working day delay for Steel backed Timber Barrier and a 2
working days delay on the Drainage Structure/Waterline conflict. (This adds up to 16 WD impact).
• Given the nature of the changes and details, the punchlist period for the completion of the project is
anticipated to take 2 weeks and project closeout will take an additional 2 weeks.
These needs exceed our current budget to successfully complete the inspection work, the punchlist items, final
progress payments, project filing and closeout, additional federal forms to be filled out, preparation for post
construction audit, and post -construction audit paperwork. This figure includes all work to be performed till project
closeout and all remaining inspection work assuming that Disney obtains a substantial completion date of
December 3rd, 2021 and a full project completion by December 17th, 2021 and no additional amendments are
expected that this time.
Therefore, we have submitted our revised Cost Proposal at "Specific Rates of Compensation", which indicates an
amendment amount of Not to Exceed $59,000. This cost proposal is valid till December 31, 2021. Thanks,
Sincerely,
Substrate, Inc, President
415-246-4920
sunnv@substrateinc.com
Southern Heights Boulevard Replacement Project
Substrate, Inc
Revised Scope of Services
We at Substrate, Inc have found that the successful delivery of a project, begins by providing expert staff support in all
three phases of the construction project delivery:
Phase 1— Pre -Construction Services
Phase 2 — Construction Services
Phase 3 - Post -Construction Services
In each phase, the project will be administered in accordance with Federal and State Procedures, specifically, the Caltrans
Local Assistance Program Manual, the Caltrans Construction Manual, and the Caltrans Standard Plans and Specifications.
A thorough understanding of Local, State and Federal procedures is a must for any local agency project and this project is
no different.
Keep in mind that Substrate, is extremely familiar with Oversight projects and will assist the City in managing the contract
in accordance with City Specifications, Caltrans Specifications, and/or Local Assistance Procedures Manual. It is imperative
that the construction management firm administer the contract in accordance with Federal and State Procedures,
specifically, the Caltrans Local Assistance Procedures Manual, and Caltrans Construction Manual when there are federal
funds involved.
The Caltrans Local Assistance Procedures Manual has been prepared to aid California local agencies scope, organize,
design, construct and maintain their public transportation facilities when they seek Federal Highway Administration
(FHWA) funded federal -aid or state funding. The manual describes the processes, procedures, documents, authorizations,
approvals and certifications, which are required in order to receive federal -aid and/or state funds for many types of local
transportation projects.
Since almost all of our projects and clients are local agencies, Substrate staff has significant experience with State and
Federal Procedures; we manage each phase of our projects (pre- construction, construction and post construction) in
accordance with Federal and State Procedures, specifically, the Caltrans Local Assistance Procedures Manual, and
Caltrans Construction Manual. We are especially familiar with Chapter 15, Advertise and Award Project, which covers
the topics beginning with project supervision, contract time, subcontractors, Engineer's daily reports, projects files,
construction records and procedures, safety provisions, labor compliance, equal opportunity employment,
disadvantaged business enterprise, contract change orders, material sampling and testing, and traffic safety in the
highway and street zones. We also use the guidelines set forth in Chapter 17, Project Completion, to ensure a seamless
project closeout.
Revised Scope of Services
We have revised our Scope of Service to match current needs:
Phase 1— Preconstruction Management Services
Substrate will provide the following services including, but not limitedto:
Coordinate, conduct, and attend the Pre -Construction Conference.
Review the Contractor's Submittals.
Set up and conduct a meeting with the Engineer of Record to discuss ideas to expedite work.
Develop list of anticipated Contractor submittals with milestones by which the submittal will be made and the
timeframe allowed for review.
Take Pre -Construction Photographs and documentation of Pre -Construction Conditions.
Phase 2 — Construction Management Services
Working under the direction of the City, our staff will provide the following tasks for your project(s):
Southern Heights Blvd Bridge Replacement
Substrate, Inc
Assist in administration of Contract Documents;
Conduct quality assurance inspection in accordance with Contract Documents and in accordance with the
Caltrans Construction Manual.
Provide materials testing and testing frequencies in accordance with the Caltrans Construction Manual;
Monitor Project safety;
Coordinate and managethe Project public outreach program;
Provide communication and coordination between City, Contractor, Caltrans, regulatory permitting agencies,
and utility compan ies;
Coordinate with City design engineer to review Contractor submittals;
Provide documentation and reporting in accordance with the Caltrans Local Assistance Procedures Manual;
Maintain a daily inspector's report that records the hours worked by laborers and equipment. The report will
include a narrative description of the Contractor's operation and location of work and any other pertinent
information. Daily report forms will be in compliance with the Caltrans Construction Manual;
Enforce labor compliance by preparing daily reports with required information, monitoring certified payrolls
and doing spot check labor surveys and interviews;
Review Project environmental documentation and compliance of Storm Water Pollution Prevention Plan
(SWPPP) in accordance with the Caltrans Construction Manual. Coordinate routine inspections with City staff
as needed;
Coordinate source inspection as required;
Provide review and inspection of Contractor's work for compliance with Contract Documents on a daily basis;
Monitor and document corrective actions taken by the Contractor needed for work deemed non-compliant
with the Contract Documents;
Review Contractor's compliance with all regulatory permits and mitigation measures;
Review Contractor's compliance with workplace safety and health standards and notification of non-compliance
Review Contractor's survey layouts;
Coordinate and monitor Contractor's detours, lane closures, and staging plans;
Reviewand manage Contractor change orders;
Review and manage insurance claims;
Provide review and analysis of Contractor's construction Project management schedule; and
Process monthlyquantityverifications and Contractor payestimates.
Maintain Project records in accordance with Caltrans Construction Manual and Local Assistance Procedures
Manual.
Additional Inspection Services required for 16 WD time extension, 5 WD time impact by MMWD, and
Punchlist Activities assuming Substantial Completion date of December 3, 2021, and two-week punchlist.
Full Project Completion Anticipated to be December 17`h, 2021.
Project Closeout anticipated to be 2 weeks to complete. (see Post -Construction Services below).
Phase 3 — Post - Construction Management Services
Substrate, Inc will provide the following services to the City:
Coordinate and prepare final inspection and punch -list. Monitor and verify completion of punch listitems;
Prepare Red -Line As-builts;
Prepare final reporting in accordance with the Caltrans Local Assistance Procedure Manual and City
requirements.
Southern Heights Blvd Bridge Replacement
Substrate, Inc
Provide Project files to the City.
Prepare and make recommendations for final progress payment and acceptance;
Finish Post -Construction Checklist for Caltrans.
Complete all audit paperwork for upcoming Federal Audit.
Attend post -construction Audit with Caltrans.
Complete all CM related federal forms and completion records per LAPM Chapter 17.
Package all Deliverables
Southern Heights Blvd Bridge Replacement
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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: Iman Kayani for TS Extension: 3352
Contractor Name: Substrate, Inc
Contractor's Contact: Sundeep Jhutti Contact's Email: sunny@substrateinc.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
(liel, here to
❑
(:liter a date.
b. Email contract (in Word) and attachments to City
11/16/2021
Attorney c/o Laraine.Gittens@cityofsanrafael.org
❑X IKK
2
City Attorney
a. Review, revise, and comment on draft agreement
('lick Dere to
❑
and return to Project Manager
enter a (late.
❑
b. Confirm insurance requirements, create Job on
('I ick here to
PINS, send PINS insurance notice to contractor
enter a date.
3
Department Director
Approval of final agreement form to send to
11/16/2021
❑x BG
contractor
4
Project Manager
Forward three (3) originals of final agreement to
11/16/2021
❑X IKK
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
X❑ IKK
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
11/15/2021
Date of City Council approval
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
11/16/2021
IKK
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
1 /�
agreement
i /
8
City Attorney
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
9
City Manager/ Mayor
Agreement executed by City Council authorized
l
official
10
City Clerk
Attest signatures, retains original agreement and
L
forwards copies to Project Manager