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HomeMy WebLinkAboutPW Construction Administration and Scheduling Services - Fire Station 54 and 55; First AmendmentFIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LOVING CAMPOS ASSOCIATES, ARCHITECTS, INC. FOR CONSTRUCTION ADMINISTRATION AND SCHEDULING SERVICES FOR PHASE 2 ESSENTIAL FACILITIES PROJECTS — FIRE STATION 54 AND 55 THIS FIRST AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and LOVING CAMPOS ASSOCIATES, ARCHITECTS, INC., (hereinafter "CONSULTANT"), is made and entered into as of the day of Feb 11, 2023 , 2022. RECITALS WHEREAS, pursuant to City Council Resolution No. 14989 (the "Resolution"), the CITY and CONSULTANT entered into a Professional Services Agreement dated January 27, 2022 to perform construction administration services in connection with the CITY'S project to reconstruct Fire Stations 54 & 55 for an amount not to exceed $280,300 (the "Agreement"); and WHEREAS, the CITY requires additional unforeseen construction administration services from the CONSULTANT to facilitate the construction of the fire stations, 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 II of the Agreement, entitled "DUTIES OF CONTRACTOR" is hereby amended to include the additional services set forth in CONSULTANT's proposal entitled "Architect's Additional Service Request (ASR 01) — Additional Design Services Due To Unforeseen Site and Building Conditions" dated September 29, 2022, attached to this First Amendment as Exhibit A and incorporated herein by reference. 2. Article IV of the Agreement, entitled "COMPENSATION" is hereby amended to include additional compensation payable to CONSULTANT for the services described in Exhibit A to this First Amendment, in accordance with the "Fee Schedule" included in Exhibit A, in a not -to -exceed amount of $50,446, and to change the total not -to -exceed amount under the Agreement to $330,746. 1 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 First Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL Jim Schutz (Feb 11, 2023 14:47 PST) JIM SCHUTZ, City Manager ATTEST: LLt Brenna Nurnti (furl (Feb 13.202 07 48 PST) LINDSAY LARA, City Clerk APPROVED AS TO FORM: GENEVIEVE COYLE, Assistant City Attorney 2 CONSULTANT cz Cas By: C,+ri Campus IFeb ' 2023 13:36 PSTI Name: Carl Campos Title: C E 0 [If Contractor is a corporation, add signature of second corporate officer] By:Davld Bripud I b9,202313:3B PSY1 Name:David Bogstad Title: President r1LCA L■� ARCHITECTS A CALIFORNIA CORPORATION Date: September 29, 2022 Project: Fire Stations 54 & 55, San Rafael, CA EXHIBIT A ARCHITECT'S ADDITIONAL SERVICE REQUEST LCA Project #19073 Owner: San Rafael Fire Department Public Works Department Individual: April Miller, Director, Public Works, a ril.miller cit ofsanrafael.or CC: Fabiola Guillen-Urfer, fabiola.guillenurfer@cityofsanrafael.ore Subject: Additional Design Services Due To Unforeseen Site and Building Conditions: Fire Station 54: 46 Castro Avenue, San Rafael, California 94901 Fire Station 55: 955 Pt San Pedro, San Rafael, California 94901 ASR 01 Under the conditions of the Architect's Contract for Professional Services with the Owner, as required, the Architect notifies the Owner, and the Owner hereby authorizes the Architect to perform Additional Services as previously agreed. Explanation: The following Additional Services have been incurred during the Construction Administration Phase: FIRE STATION 54 AND FIRE STATION 55: CONSTRUCTION ADMINISTRATION: ADDITIONAL SERVICES: Greg Barton, CA, see Exhibit A for LCA Fee Schedule): 1. Review and response to an unusual number of Requests for Information (RFIs) 2. Review and response to an unusual number of Change Order Requests (CORS) 3. Procurement issues requiring substitutions past contract deadline requirements, i.e., tile, roofing, generator, etc. 4. Unforeseen existing conditions that led to conflicts in the field: A. Rerouting of Fire Station 55 sanitary sewer due to Contractor error and lack of cooperation. B. Existing sanitary sewer condition/replacement —sewer too shallow & in need of replacement. C. Leveling of Fire Station 54 App Bay slab and associated revisions requested by the General Contractor. D. Multiple unforeseen, underground utility conflicts, i.e., water lines, sewer lines, traffic control conduits. 5. Contractor Issues: A. Reinforcing at elevator shaft/rebar not installed correctly by the Contractor. B. Fireline routing below the ceiling — required multiple hours by the Architect and Consultant Team to resolve. C. 1 -hour -rated ceiling/soffit construction by the General Contractor in Dorms not per Plans. Required multiple meetings, Site Visits, and correspondence, to resolve. D. Conflicts with existing sanitary sewer elevation and installed storm drain. 6. Utility issues: A. Unforeseen MMWD requirements that required changes to domestic and firewater design 590 Ygnacio Valley Road, Suite 310 • Walnut Creek, CA 94596 • 925. 944. 1626 1970 Broadway, Suite 800 •Oakland, CA 94612 • 510. 272. 1060 www.ica-architects.com San Rafael Fire Department Public Works Department — Fire Stations 54 and 55 9/29/2022 LCA #19073 — ASR 01 Page 12 1. Multiple additional Site Visits 2. Review, comment, and sign -off on Contractor's Monthly Progress Payments —including additional Site Visits per payment application. Execute substantial billing reductions per payment application. 3. Review and comment on multiple Change Order Requests (CORS) 4. Provide technical, construction review and comments on inordinate amounts of Requests for Information (RFIs). 5. Provide technical, construction review and comments on significant construction concerns, including, but not limited to: A. Exterior sewer and storm drainage installation B. Abandoned Underground StorageTank— unforeseen condition C. Generator enclosure footing and structure D. Antenna Array , E. Attic crawl space and other locations of HVAC components F. Elevator Rebar G. Traffic warning signal relocation — unforeseen condition Architectural Coordination, Fee Breakdown: Greg Barton: 65 hours @ $195.00 = $12,675.00 Greg Barton: 103 hours @ $195.00 = $20,085.00 Ron Guelden: 45.6 hours 185.00 = $8,436.00 Ron Guelden: 50 hours @ $185.00 = $9,250.00 Fire Station 54, Subtotal: $21,111.00 Fire Station 55, Subtotal: $29,335.00 Total Add Service Request: $50,446.00 Attachments: Exhibit A — LCA Fee Schedule Authorization of Additional Services Date San Rafael Fire Department Public Works Department— Fire Stations 54 and 55 9/29/2022 LCA #19073 — ASR 01 Page 13 EXHIBIT A LCA ARCHITECTS, INC. 2022 HOURLY FEE SCHEDULE* DESCRIPTION _ Principal HOURLY RATE $230.00 Associate $190.00 to $200.00 Project Manager $200.00 Construction Manager $165.00 to $190.00 Project Architect $170.00 to $190.00 Quality Control Manager $195.00 Specifications Writer $195.00 Job Captain $165.00 to $185.00 Designer $165.00 to $180.00 CAD Tech $165.00 to $170.00 Project Coordinator $120.00 to $135.00 Administration/Research/Presentations $125.00 to $135.00 Clerical $135.00 Architectural Animation — Preparation of computer-generated views, renderings and simulations of architectural interiors and exteriors_ Preparation of video "fly-by's," walkthroughs, and other simulations. $185.00/hr. Expert Witness— Review of documents, meetings, site visits, telephone conferences, administration of the documents and materials, research, deposition, testimony, court appearances, and travel time. $500.00/hr. Perspective Sketches and Renderings, Visual Simulations On a Per Drawing Basis Mileage (outside of the Walnut Creek area) **as adjusted by IRS guidelines 0.625/mile** Copies, prints, CADD plots, photography, preparing and compiling .pdf sets, scanning, colored print mounting, long distance phone calls, postage, express mail, and travel outside the Walnut Creek area will be billed on a reimbursable basis: at cost plus 15%. Overtime - If overtime is required by staff, to meet a customer's timing request, additional hourly fee charges may apply. California employment law will apply. * Effective 08/09/2022. Subject to change quarterly. 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: Nataly Torres (for Fabiola G.) Extension: 3353 Contractor Name: Loving Campos Associates, Architects, Inc. Contractor's Contact: Carl Campos Contact's Email: ccampos@Ica-architects.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 Click here to i .. enter a date. b. Email contract (in Word) and attachments to City 12/15/2022 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑X NT 2 City Attorney a. Review, revise, and comment on draft agreement 12/16/2022 and return to Project Manager 12/16/2022 ❑X GC b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ❑X GC_ 3 Department Director Approval of final agreement form to send to 1/6/2023 ❑x AM contractor Forward three (3) originals of final agreement to 2/7/2023 4 Project Manager contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑X N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 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) 9 City Manager/ Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager First Amendment - Loving Campos Associates - Fire Station 54&55 Construction Support Services Final Audit Report Created: 2023-02-07 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAF-ZEquYy70uu7MAxEjgKCckfygUSGGw_ 2023-02-13 "First Amendment - Loving Campos Associates - Fire Station 54 &55 Construction Support Services" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2023-02-07 - 8:51:44 PM GMT E-4' Document emailed to Carl Campos (ccampos@Ica-architects.com) for signature 2023-02-07 - 8:55:26 PM GMT Email viewed by Carl Campos (ccampos@Ica-architects.com) 2023-02-07 - 8:56:00 PM GMT a0 Document e -signed by Carl Campos (ccampos@Ica-architects.com) Signature Date: 2023-02-07 - 9:38:07 PM GMT - Time Source: server L--' Document emailed to David Bogstad (dbogstad@Ica-architects.com) for signature 2023-02-07 - 9:38:08 PM GMT Email viewed by David Bogstad (dbogstad@Ica-architects.com) 2023-02-07 - 9:42:30 PM GMT Email viewed by David Bogstad (dbogstad@Ica-architects.com) 2023-02-09 - 9:38:20 PM GMT 4 Document e -signed by David Bogstad (dbogstad@Ica-architects.com) Signature Date: 2023-02-09 - 9:38:44 PM GMT - Time Source: server '► Document emailed to Laraine Gittens(laraine.gittens@cityofsanrafael.org) for approval 2023-02-09 - 9:38:46 PM GMT SAN RAFAEL I "'Y Adobe rHE CITY WITH A r-IISSION Acrobat Sign Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2023-02-10 - 6:36:12 PM GMT b© Document approved by Laraine Gittens(laraine.gittens@cityofsanrafael.org) Approval Date: 2023-02-10 - 6:39:36 PM GMT - Time Source: server Cly Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2023-02-10 - 6:39:38 PM GMT Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2023-02-10 - 6:42:50 PM GMT 60 Document e -signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2023-02-10 - 6:43:01 PM GMT - Time Source: server E--'.. Document emailed to city.clerk@cityofsanrafael.org for approval 2023-02-10 - 6:43:03 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2023-02-11 - 2:00:58 AM GMT GS0 Signer city.clerk@cityofsanrafael.org entered name at signing as Lindsay Lara 2023-02-11 - 2:01:06 AM GMT a0 Document approved by Lindsay Lara(city.clerk@cityofsanrafael.org) Approval Date: 2023-02-11 - 2:01:08 AM GMT - Time Source: server L--'4 Document emailed to jim.schutz@cityofsanrafael.org for signature 2023-02-11 - 2:01:09 AM GMT ,n Email viewed by jim.schutz@cityofsanrafael.org 2023-02-11 -10:47:15 PM GMT 60 Signerjim.schutz@cityofsanrafael.org entered name at signing as Jim Schutz 2023-02-11 -10:47:37 PM GMT 60 Document e -signed by Jim Schutz(jim.schutz@cityofsanrafael.org) Signature Date: 2023-02-11 - 10:47:39 PM GMT - Time Source: server Document emailed to city.clerk@cityofsanrafael.org for signature 2023-02-11 -10:47:40 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2023-02-13 - 3:47:59 PM GMT 60 Signer city. clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2023-02-13 - 3:48:23 PM GMT Powered by 4SAN RAFAEL Adobe "` ZlTM """' A "0SS'C" Acrobat Sign 6o Document e -signed by Brenna Nurmi (for) (city.clerk@cityofsanrafael.org) Signature Date: 2023-02-13 - 3:48:25 PM GMT - Time Source: server Agreement completed. 2023-02-13 - 3:48:25 PM GMT i SAV RAFAEL Adoedb' Adobe Acrobat Sign