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HomeMy WebLinkAboutPW Construction Administration and Scheduling Services - Fire Station 54 and 55; Second AmendmentSECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LOVING CAMPOS ASSOCIATES, ARCHITECTS, INC. FOR EXTENDED ARCHITECTURAL, WATERPROOFING CONSULTING, AND CONSTRUCTION ADMINISTRATION SERVICES FOR PHASE 2 ESSENTIAL FACILITIES PROJECTS — FIRE STATION 54 AND 55 THIS SECOND 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 06/10/2024 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 authorized a First Amendment to the Professional Services Agreement on February 11, 2023 for additional services in the amount of $50,446, and changed the total amount under the Agreement to $330,746; and, WHEREAS, the CITY requires additional extended architectural, waterproofing consulting, and 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 proposals dated January 25, 2024 and March 5, 2024, attached to this Amendment as Exhibit A (Entitled "ASR 06R") and Exhibit B (Entitled "ASR 07") 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 and Exhibit B to this Second Amendment, on a fixed fee basis in accordance with Exhibits A and Exhibit B, in a_not-to-exceed amount of 1 $120,994.75, and to change the total not -to -exceed amount under the Agreement to $451,740.75 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 Second Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL Cristine Alilavich Cristine Alilovich (Jun 10, 202416:49 PDT) CRISTINE ALILOVICH, City Manager ATTEST: Branna Ptwmr 4orl ;Jun 11. 202 :aH PDTI LINDSAY LARA, City Clerk APPROVED AS TO FORM: ROBERT EPSTEIN, City Attorney 2 CONSULTANT [If Contractor is a corporation, add signature of second corporate officer] LCA L ARCHITECTS A CALIFORNIA CORPORATION Date: January 25, 2024 Project: Fire Stations 54 & 55, San Rafael, CA Ehibit A ARCHITECT'S ADDITIONAL SERVICE REQUEST LCA Project #19073 ASR 06R Owner: San Rafael Fire Department Public Works Department Individual: April Miller, Director, Public Works, april.miller@cityofsanrafael.org CC: Fabiola Guillen-Urfer, fabiola.guillenurfer@cityofsanrafael.org Subject: Construction Administration Services for Defective Stucco Installation and Water Leaks: Fire Station 54: 46 Castro Avenue, San Rafael, California 94901 Fire Station 55: 955 Pt San Pedro, San Rafael, California 94901 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 Request is for Construction Administration Services for Defective Stucco Installation Issues and Water Leak Issues for Fire Stations 54 and 55: FIRE STATION 54 AND FIRE STATION 55: CONSTRUCTION ADMINISTRATION / CONSTRUCTION MANAGEMENT: 1. Defective Stucco Installation and Water Leaks at FS 54 and Wall Leaks at FS 55: a. Multiple Site Visits to review the leak issues in the field, including meetings with the waterproofing consultant. b. Preparation of counterarguments to contractor's claims regarding use of grade-D building paper. c. Research and response to multiple RFI's. d. Online meetings with the Contractor and Waterproofing Consultant e. Multiple on -site water tests f. Consultation/coordination with Intertek g. Consultation/coordination with Avelar The total amount for this Architect's Additional Services Request is $28,333.75. Exhibit B: Architectural Coordination, Fee Breakdown Exhibit C: Avelar Invoices 01/25/2024 Carl E. Camphs, CEO, LCA Architects, Inc Date Authorization of Additional Services Date 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 Exhibit B ire Station 55 Scotto Wtll U.b F. Sl.tions 54 & 55It.,.. Replacement and WNI Uakl V,. $let.. 54 Stucco Replacement and Wall Leaks met tattoo. wolatt atnll.It f$195.Gd/hr) Ron G,elden, ".i. M.S., ISSt5.00/hr1 Ud Campo, hlncipWCEo ($n&00M) w 4.. a.. uvJon un Jon 1 \ a..w Y1vraJ4 N/ JI pl NV)NI 1 Lr w. N..wn 1/l Jml a+w 1nW)QlJ 1 Vn )D1I 1 Total Noun 951 a Haurlr Rate 195.001= 51,852.50 ivr AaRIOn 54 Stucco Replace .nt and Wall Lealn Get Garton. holed MCMtacl IS 195.00/hrl Total House MS) a Mount Rate IS l 85.00 •S11.19LSO ]Total HOun 194.75) a Hewlr Rxe I$39S.o0 . SILSZL7S w..a v.-..• vYtoll t awy. wi YMII \ ••erw •n VgnWl 1 YlYJOJI 1 arrw �r ulYt9J1 1 M rw.I ti4• >//lNII W ./.wlt• 0/Jall D\ tN M' t/!t/pJl W M.� V)VJOS1 1 TOW Haan (171 a )1auNr Rate J$2M.001 • S2.7W.Co 5UMM0. (TOW Hougrrs x Houety Rate • TOW Fee c.gaanaa,MaalaneiM r 1 nq... Ste/ DO• SIa.HI 1\ asnar3Ml,Myn aWupa M1r..31i\tp� 411 n!>0 .ntwxan. MiW//ttQ i. • 4J qDa • \l.11DOa Summary Tat*l(LC/I ArchlfK TNIn) S7&3S17S 0.re10r lfrvok— $41,04276 San Rafael Fire Department Public Works Department— Fire Stations 54 and 55 01/25/2024 LCA #19073 — ASR 06R Page 12 EXHIBIT A LCA ARCHITECTS, INC. 2023 HOURLY FEE SCHEDULE* DESCRIPTION HOURLY RATE Principal $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 $185.00/hr. computer -generated views, renderings and simulations of architectural interiors and exteriors. Preparation of video "fly-by's," walkthroughs, and other simulations. Expert Witness— Review of documents, meetings, site visits, telephone conferences, administration of $500.00/hr. the documents and materials, research, deposition, testimony, court appearances, and travel time. Perspective Sketches and Renderings, Visual On a Per Drawing Basis Simulations Mileage (outside of the Walnut Creek area) $0.67/mile** **as adjusted by IRS guidelines 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 01/01/2024. Subject to change quarterly. r mi Li LCA ARCHITECTS A CALIFORNIA CORPORATION March 5, 2024 Fabiola Guillen-Urfer Sr. Project Manager Department of Public Works City of San Rafael M: (415)720-958 SENT VIA EMAIL: Fabiola.puillenurfer@cityofsanrafael.org Cc: EXHIBIT B REFERENCE: Additional Professional Services Credit to Add Service Request 07 - ASR 07 Fire Station 54: 46 Castro Avenue, San Rafael, California 94901 Fire Station 55: 955 Pt San Pedro, San Rafael, California 94901 LCA PROJECT#19073 Dear Faby, We submitted Add Service Request 07 on February 16, 2024, and I agreed to items that you felt we shouldn't charge the City for in the amount of $21,200.00. Our Add Service Fee Request 07 amounted to $114,380.00 and $3,281.00 for Civil. This has been a long and difficult adventure with Wickman Development and has cost my company a lot of money in that I had Staff that were unable to work on other jobs that earn additional income for the company. I recognize, however, that it may be difficult to collect these sums from Wickman Development and we are hopeful that we will be paid for our efforts by the City. In the spirit of cooperation and goodwill for our long-term relationship, I would like to offer an additional $25,000.00 Professional Services Credit to the City for this job. This Professional Services Credit would make our Add Service 07 Request, $114,380.00 minus $25,000.00 additional Professional Services Credit, equaling $89,380.00 total for LCA's Services plus $3,281.00 for Civil's Services. With this Professional Services Credit, Add Service Request 07 equates to a Grand total of $92,661.00. I hope you find this helpful in support of the overall resolution of this job with Wickman Development. Best Regards, Carl Campos, CEO LCA Architects Inc. License No. C10482 Attachments: Add Service Request 07 dated February 16, 2024 590YgnacioValley Road, Suite310-Walnut Creek,CA94596.925.944.1626 1970 Broadway, Suite 800.Oa kla nd, CA 94612 - 510.272.1060 www.Ica-architects.com Exhibit B Fire Stations 54 & 55 - CA Services Beyond Completion Date Fire Stations 54 & 55 - CA Services Beyond Completion Date Fire Stations 54 & 55 - CA Services Beyond Completion Date Gree Barton. Protect Architect (5195.0O/hrl Bon Guelden, Protect Manager (5185.00/hr) Carl Camoos. Princioal/CEO (5230.00/hr) b:. T0101 Hours (3111 x Hourly Rate IS19S.O0) s $60.645.00 Total flours (283) x Hourly Rate IS 195.00) = 552,355.00 Total Hours (61 a Hourly Rate (5230.001 = 51,360.D0 Total Hours Not Charged (53) x Haurly Rate (5195.00), 510,335.00 Tatal Hours Not Charged (551 x Hourly Rate (519 .001 = 510.175.00 Total Hours Not Charged (3) x Hourly Rate (523O.00) = 5690.0O Total (LCA Architects Team) Add Service Fee Request: $114,380.00 Total Civil Engineer Add Service Fee Request, (see Exhibit C): $3,281.00 Total (LCA Architects Team) Add Service Fees Not Charged: $21,200.00 Exhibit C CSW STD Adaptive Solutions for Resilient Designs Date: January 24, 2024 File: 2019-10-016 Carl Campos LCA Architects 590 Ygnacio Valley Road, Suite 310 Walnut Creek, CA 94596 504 Redwood Boulevard, Suite 310 Novato, CA 94947 415 883-9850 www.cswst2.com Berkeley I Novato I Petaluma I Pleasanton I Redwood City I Richmond RE: SAN RAFAEL RENOVATION FIRE STATION 54 CONFIRMATION OF ADDITIONAL SERVICES NO. 5 Dear Carl: Enclosed is Confirmation of Additional Services No. 5 (CAS 5) to cover the services we are performing in connection with the San Rafael Fire Station 54 and 55 project located in San Rafael, California. I contacted Fabiola Guillen with the City of San Rafael to request approval for the compensation requested herein. Please find attached, a copy of the email conversation regarding this request, which also contains the City's approval of the additional service amount. If you find this Confirmation of Additional Services acceptable, please issue a Contract Amendment to our existing agreement to cover these services. If you have any questions, please call me. Sincerely, CSW/STUBER-STROEH ENGINEERING GROUP, INC. KN P:knp Enclosures 1'AShared\11rojects\I-cgacp\No,,ito\Vmlecrs\21119-10-016 San Rafael Rcnovarinn I ,cc Station si\DOC\I 011.\dminisrrarion\ 102 Conrracr\Change Ordcr\C-\S 5\2024-01-24 San Rafael Rcnovarinn !tire Sranon 54 CAS 3 (2nl9-10-016j-doer CSWIST2 504 Redwood Boulevard, Suite 310 947 Novato, CA 94947 415,883.9850 Adaptive Solutions for Resilient Designs www.cswst2.com Berkeley I Novato I Petaluma 1 Pleasanton I Redwood City I Richmond CONFIRMATION OF ADDITIONAL SERVICES File No.: 2019-10-019 Confirmation No.: 5 Date: January 24, 2024 Project: San Rafael Renovation Fire Station 54 Client: LCA Architects DESCRIPTION OF WORK: Site observations, design assistance and coordination, in November and December 2023, related to the replacement of the front driveway and asphalt outside of the rear door of Fire Station 54 in San Rafael. ORIGINAL CONTRACT PRICE: (Contract Dated: ) $ Net Changes by Previously Authorized Additional Services: $ Contract Sum Prior to this Confirmation: $ Amount Contract will be INCREASED / DECREASED for these services: $ REVISED CONTRACT PRICE: (Per Date of this Confirmation) $ This Completion Time will be Adjusted as follows: $3,281.00 THE CONTRACT PRICE OF THE ABOVE -REFERENCED CONTRACT IS HEREBY ADJUSTED AS DESCRIBED IN THIS CONFIRMATION OF ADDITIONAL SERVICES AND AS PROVIDED IN THE "CSWISTUBER-STROEH ENGINEERING GROUP, INC. CONTRACT TERMS AND CONDITIONS." IF WE DO NOT RECEIVE WRITTEN AUTHORIZATION WITHIN THREE BUSINESS DAYS AND PROCEED WITH THE WORK COVERED BY THIS CONFIRMATION, THE CONFIRMATION WILL HAVE THE SAME EFFECT AS IF IT WERE SIGNED. ALL OF THE TERMS, COVENANTS AND CONDITIONS OF THE ABOVE -REFERENCED CONTRACT, AND THE ASSOCIATED "CSW/STUBER-STROEH ENGINEERING GROUP, INC. CONTRACT TERMS AND CONDITIONS," EXCEPT AS DULY MODIFIED BY THIS AND PREVIOUS CONFIRMATIONS, IF ANY, REMAIN IN FULL FORCE AND EFFECT. PLEASE SIGN AND RETURN THIS CONFIRMATION. WE WILL RETURN A FULLY EXECUTED COPY TO YOU FOR YOUR RECORDS APPROVALS CLIENT: CONSULTANT CSW/STUBER-STROEH ENGINEERING GROUP, INC. BY: BY: TITLE: DATE: DATE: RAF,q�` z z m /rYWITH ply 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: Shannon Mackie (for Fabiola Guillen-Urfer) Extension: 3353 Contractor Name: Loving Campos Associates, Architects, Inc Contractor's Contact: Carl Campos Contact's Email: ccampos@Lca-architects.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE j DESCRIPTION COMPLETED REVIEWER DEPARTMENT Project Manager 11 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 N/A Attorney c/o Laraine.Gittens@cityofsanrafael.org ®SM 2 City Attorney a. Review, revise, and comment on draft agreement 5/6/2024 and return to Project Manager 5/6/2024 ® NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor © NT 3 Department Director Approval of final agreement form to send to 6/5/2024 © AM contractor 4 Project Manager Forward three (3) originals of final agreement to Click here to ❑ contractor for their signature enter a date. 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services Z Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 5/6/2024 Date of City Council approval 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 Review and approve insurance in PINS, and bonds 8 City Attorney _ City Manager / Mayor (for Public Works Contracts) 9 Agreement executed by City Council authorized official Attest signatures, retains original agreement and 710City Clerk forwards copies to Project Manager Second Amendment to PSA - LCA - FS 54 & 55 Final Audit Report Created: 2024-06-05 By: Shannon Mackie (shannon.mackle@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAALxcDEBcxVOPMBVcrzjtPhJRnFcwBstrp 2024-06-11 "Second Amendment to PSA - LCA - FS 54 & 55" History Document created by Shannon Mackle (shannon.mackle@cityofsanrafael.org) 2024-06-05 - 7:10:07 PM GMT- IP address: 199.88.113.8 Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-06-05 - 7:11:45 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-06-05 - 8:44:07 PM GMT- IP address: 104.47.64.254 &a Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2024-06-05 - 8:44:29 PM GMT - Time Source: server- IP address: 199.88.113.8 C', Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2024-06-05 - 8:44:30 PM GMT Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2024-06-05 - 8:47:38 PM GMT- IP address: 104.47.65.254 d© Document e-signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2024-06-05 - 8:48:45 PM GMT - Time Source: server- IP address: 199.88.113.8 24 Document emailed to city.clerk@cityofsanrafael.org for approval 2024-06-05 - 8:48:46 PM GMT fl Email viewed by city.clerk@cityofsanrafael.org 2024-06-05 - 8:49:05 PM GMT- IP address: 104.47.65.254 6o Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-06-05 - 8:49:13 PM GMT- IP address: 199.88.113.8 6S0 Document approved by Brenna Nurmi(city.clerk@cityofsanrafael.org) Approval Date: 2024-06-05 - 8:49:15 PM GMT - Time Source: server- IP address: 199.88.113.8 ( Powered by JIB, SAN RAFAEL Adobe "'f v."'`" ""'' Acrobat Sign L-4' Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-06-05 - 8:49:16 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-06-10 - 11:48:54 PM GMT- IP address: 104.47.65.254 bo Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-06-10 - 11:49:12 PM GMT- IP address: 199.88.113.8 66 Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-06-10 - 11:49:14 PM GMT - Time Source: server- IP address: 199.88.113.8 'y Document emailed to city.clerk@cityofsanrafael.org for signature 2024-06-10 - 11:49:16 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-06-11 - 2:48:14 PM GMT- IP address: 104.47.65.254 do Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-06-11 - 2:48:28 PM GMT- IP address: 199.88.113.8 do Document e-signed by Brenna Nurmi (for)(city.clerk@cityofsanrafael.org) Signature Date: 2024-06-11 - 2:48:30 PM GMT - Time Source: server- IP address: 199.88.113.8 ® Agreement completed. 2024-06-11 - 2:48:30 PM GMT ered by SAN RAFAEL PO1H Adobe ''I -I-11171, Abu SSi II Acrobat Sign