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HomeMy WebLinkAboutPW Rotary Manor Improvements Project; Second AmendmentSECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH COASTLAND CIVIL ENGINEERING, INC., FOR ROTARY MANOR DRAINAGE IMPROVEMENTS PROJECT THIS SECOND AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and COASTLAND CIVIL ENGINEERING, INC. (hereinafter "CONSULTANT"), is made and entered into as of the day of Feb 22, 2023 202_. RECITALS WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement dated December 19, 2019 to perform professional services in connection with CITY'S Rotary Manor Drainage Improvements Project, for an amount not to exceed $163,526 (the "Agreement"); and WHEREAS, the CITY and CONSULTANT entered into a First Amendment to the Professional Services Agreement dated January 14, 2021 to perform professional services in connection with CITY'S Rotary Manor Drainage Improvements Project, for an amount not to exceed $10,340 and increasing the total not to exceed under the Agreement to $173,866; and WHEREAS, CITY requires additional professional services from the CONSULTANT, 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 CONSULTANT" is hereby amended to include the additional services set forth in CONSULTANT's proposal dated December 22, 2022, attached to this Second 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 Second Amendment, on a time and materials rate basis in accordance with Exhibit A, in a not -to -exceed amount of $69,722, and to change the total not -to -exceed amount under the Agreement to $243,588. 3. Article V of the Agreement, entitled "TERM OF AGREEMENT" is hereby amended to extend the term through December 16, 2023. 4. 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 Second Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL Jim Schutz (Feb 22, 202315:56 PST) JIM SCHUTZ, City Manager ATTEST: en nn N Ymi or' Brenna Nurmi (for) (Feb 22, 2023 15:57 PST) LINDSAY LARA, City Clerk APPROVED AS TO FORM: GENEVIEVE COYLE, Assistant City Attorney 2 CONSULTANT Name: Heidi Utterback Title: Corp. Secretary [If Contractor is a corporation, add signature of second corporate officer] IM Name: Title: COASTLAND ��� December 22, 2022 Mr. Theo Sanchez Exhibit A Associate Civil Engineer City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Via email: Theo.Sanchez@CityofSanRafael,org Subject: Proposal Amendment #2 to Provide Additional Engineering Design Services for the Revised Rotary Manor Culvert Replacement Project Dear Mr. Sanchez, At the City's request, we have prepared this amendment proposal to the contract currently in progress for the Rotary Manor Culvert Replacement Project, located at 1821 Fifth Street in San Rafael. The original scope of work consisted of the preparation of construction documents, environmental compliance and permitting clearances for the replacement of a failing corrugated metal culvert and site restoration. This amendment includes the following additional services: Preparation of two temporary construction easements (TCEs), for properties at 1801 Fifth Street and at Rotary Manor (1821 Fifth Street), Preparation of a permanent easement (PE) for maintenance of the box culvert on Rotary Manor property, and Regulatory permitting and CDFW/Marin County Clerk CEQA filing fees not included in our contract This amendment also includes additional efforts to finalize the required by permitting agencies: • Consultation with CDFW to address their comments, • Add dewatering details to Plans as requested by CDFW, ■ Final coordination with geotechnical engineer, and • Final cost estimation review. design drawings and address changes These additional efforts are necessary due to (1) multiple and extended project delays that were not within our control, (2) project duration exceeding three years resulting in much larger than anticipated project management and coordination efforts, and (3) changes to our hourly billing rates since the project was awarded. We have also in good faith conducted planning, coordination and consultation for multiple additional scopes of work that were never awarded, including the relocation of the box culvert into Fifth Street, Santa Rosa Auburn Pleasant Hill Fairfield 1400 Neotomas Avenue 11641 Blocker Drive, Ste. 170 3478 Buskirk Avenue, Ste. 1000 324 Campus Lane, Ste. A Santa Rosa, CA 95405 Auburn. CA 95603 Pleasant Hill, CA 94523 Fairfield, CA 94534 Tel: 707.571.8005 Tel: 530.888.9929 Tel: 925.233.5333 Tel: 707.702 1961 www.coastiandcivii.com December 22, 2022 Mr. Theo Sanchez, City of San Rafael temporary and permanent relocation of cable and gas utilities in Rotary Manor, and preliminary planning and design for the encroachment permits. We have prepared the following scope of work and estimated fee for your consideration. SCOPE OF SERVICES Task 1— Project Management and Coordination This task includes project and contract management, coordination between the City and the design team, management of project schedules and budgets, and scheduling/administering of meetings. Task 2 — Prepare Storm Drainage Easements This task includes preparation of a temporary construction easement and permanent easement for the portion of the box culvert on Rotary Manor property. Coastland will work with the City to determine the easement boundaries for two temporary and one permanent easements. Coastland's subconsultant, Cinquini & Passarino (C&P) will survey the interior of the culvert that is located on Rotary Manor property. Subsequently, C&P will prepare legal descriptions and plats for the temporary and permanent easements, and record the easements with the County. Deliverables: Legal Descriptions and Plats for a Temporary Construction Easement and Permanent Easement for the Storm Drainage Culvert on Rotary Manor Property Task 3 — Reimbursement for Regulatory Permit Filing Fees On behalf of the City, WRA made payments for CDFW permit application fee ($5,745), RWQCB permit application fee ($2,417), CDRW and County Clerk CEQA filing fees ($2,598). These payments were not within the original scope of work but were conducted with the approval and as a convenience to the City. Deliverables: • None — reimbursement only Task 4 — Finalize Regulatory Permitting WRA will respond to both the CDFW and the RWQCB to work towards complete applications, including a written response to CDFW's "30 -day letter" of incomplete application. This includes time for WRA and Coastland to assist with the terms and conditions of the permits as well as associated bidding. Deliverables: • CDFW Lake and Streambed Alteration Agreement • RWQCB Nationwide Maintenance Permit • Corps of Engineers Nationwide Permit 3 for Maintenance of Existing Structures COASTLANO OC .•.: December 22, 2022 Mr. Theo Sanchez, City of San Rafael Task 5 — Finalize Bid Documents Coastland will make changes as required by regulatory agencies and finalize the bid documents, which include the Project Plans, Specifications, and Cost Estimate. These tasks include final coordination with the geotechnical engineer and landscape architect, as well as final specifications for the disposal of any potential onsite contaminated soils. Deliverables: • Final Bid Documents, including Plans, Specifications, and Cost Estimate ASSUMPTIONS / EXCLUSIONS In the development of this project approach and design estimate, we have made the following assumptions and exclusions: ■ Coordination with property owners is excluded. ■ Hydraulic assessment of the culvert is excluded • Representation on behalf of the City for legal matters associated with this project is excluded. 0 Design and permitting tasks are completed by June 2023. 441061-1401a44 Based on our scope of work and our estimated time, we propose that the additional services associated with the project be completed for a not -to -exceed amount of $69,722. The amount quoted assumes that all of the work for these additional items will fall under the scope of services as described above. We greatly appreciate the opportunity to assist the City of San Rafael with completion of this important project. Please feel free to contact Jennifer Melman or me at (707) 571-8005 if you have any questions or need any additional information. Sincerely, Heidi Utterback, PE Jennifer Melman, PE Principal COASTLANO OCCIAW. December 22, 2022 Mr. Theo Sanchez, City of San Rafael DESIGN WORK ESTIMATE Rotary Manor Culvert Replacement Project Engineering Design Amendment #2 Services City of San Rafael Task Information Billing Classification & Rate Subconsultants Hours & Cost Principal Engineer $215 Senior Assistant Engineer Engineer Admin C&P Survey WRA Permits TOTAL HOURS TOTAL FEE $185 $160 $100 1 Project Management Project Management 4 Subtotal 20 24 $4,560 $4,560 24 2 Prepare Storm Drainage Easements Prepare Legal Descriptions & Plats (2 TCE & 1 PE) 2 10 4 2 $9,804 $5,296 16 $12,724 Survey Culvert Interior (on Rotary Manor property) 2 $5,666 Record Easements with County 1 2 4 7 $1,225 Subtotal 25 $19,615 3 Reimbursement for Regulatory Permit Fling Fees Regulatory Permitting & CDFWICountyFiling Fees $10,760 0 $10,760 1 $101760 Subtotal 0 4 IFinalize Regulatory Permits (Finalization of Regulatory Permitting 2 12 6 $9,253 $13,515 20 $12,863 $13,515 OEQAIS/MND 0 Subtotal 20 $26,378 5 IFinalize Bid Documents (Make Final Changes to Plans and Specifications 2 12 12 4 30 $4,970 'Update Estimate 2 8 8 18 $3,190 $8,160 Subtotal 48 CCE Direct Costs (repro, mileage, etc.) $250 Totat Cost $15,100 S33,52a 117 $69,722 COASTLANO OCCIAVAff 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 Theo) Extension: 3353 Contractor Name: Coastland Civil Engineering Contractor's Contact: Jenny Melman Contact's Email: melman@coastlandcivil.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial Click here to ❑ 1 Project Manager a. Email PINS Introductory Notice to Contractor enter a date. b. Email contract (in Word) and attachments to City 1/30/2023 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑X NT 2 City Attorney a. Review, revise, and comment on draft agreement 2/17/2023 and return to Project Manager 2/17/2023 ® _GC_ b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 0 GC 3 Department Director Approval of final agreement form to send to 2/21/2023 ® AM contractor 4 Project Manager Forward three (3) originals of final agreement to 2/21/2023 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 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 Attest signatures, retains original agreement and 10 City Clerk forwards copies to Project Manager 2nd Amendment - Coastland Civil - Rotary Manor Final Audit Report Created: 2023-02-21 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAyAIP3kOsYyMUxFLckQQ4t3vQxlc3xnTO 2023-02-22 "2nd Amendment - Coastland Civil - Rotary Manor" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2023-02-21 - 10:09:49 PM GMT E-41 Document emailed to Heidi Utterback (utterback@coastlandcivil.com) for signature 2023-02-21 - 10:12:31 PM GMT Email viewed by Heidi Utterback (utterback@coastlandcivil.com) 2023-02-21 -10:41:14 PM GMT 60 Document e -signed by Heidi Utterback (utterback@coastlandcivil.com) Signature Date: 2023-02-21 -11:12:50 PM GMT - Time Source: server E'y Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2023-02-21 -11:12:51 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2023-02-22 -10:31:12 PM GMT 6© Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2023-02-22 - 11:04:36 PM GMT - Time Source: server C'7y Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2023-02-22 - 11:04:38 PM GMT Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2023-02-22 - 11:19:35 PM GMT 6© Document e -signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2023-02-22 - 11:19:43 PM GMT - Time Source: server �&- SAID RAFAEL Adobe Acrobat Sign E-' Document emailed to city.clerk@cityofsanrafael.org for approval 2023-02-22 -11:19:45 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2023-02-22 -11:30:29 PM GMT 6© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2023-02-22 - 11:30:41 PM GMT 6© Document approved by Brenna Nurmi (city.clerk@cityofsanrafael.org) Approval Date: 2023-02-22 - 11:30:43 PM GMT - Time Source: server E14 Document emailed to jim.schutz@cityofsanrafael.org for signature 2023-02-22 - 11:30:45 PM GMT Email viewed by jim.schutz@cityofsanrafael.org 2023-02-22 - 11:55:15 PM GMT fS© Signerjim.schutz@cityofsanrafael.org entered name at signing as Jim Schutz 2023-02-22 - 11:56:00 PM GMT b© Document e-signed by Jim Schutz(jim.schutz@cityofsanrafael.org) Signature Date: 2023-02-22 - 11:56:02 PM GMT - Time Source: server Document emailed to city.clerk@cityofsanrafael.org for signature 2023-02-22 -11:56:03 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2023-02-22 - 11:57:29 PM GMT 6© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2023-02-22 - 11:57:50 PM GMT b© Document e-signed by Brenna Nurmi (for) (city.clerk@cityofsanrafael.org) Signature Date: 2023-02-22 - 11:57:52 PM GMT - Time Source: server 7 Agreement completed. 2023-02-22 - 11:57:52 PM GMT SAN i2AFAEL I AP dob by "" -17-11TH A MISSIC" Acrobat Sign