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HomeMy WebLinkAboutPW Landscape Architectural and Engineering Design Services; Second AmendmentSECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH DAVID L. GATES & ASSOCIATES, INC. FOR LANDSCAPE ARCHITECTURAL AND ENGINEERING DESIGN SERVICES THIS SECOND AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and DAVID L. GATES & ASSOCIATES, INC. (hereinafter "CONSULTANT"), is made and entered into as of Jul 17, 2024 RECITALS WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement dated December 1, 2022 to perform professional services in connection with CITY'S Landscape Architectural and Engineering Design Services, for an amount not to exceed $498,734 (the "Agreement"); and WHEREAS, the CITY and CONSULTANT entered into a First Amendment to the Professional Services Agreement dated April 23, 2024, to perform additional professional services in connection with CITY's Landscape Architectural and Engineering Design Services, for an amount not to exceed $47,600 and increasing the total not to exceed amount under the Agreement to $546,334; and WHEREAS, under the terms of the Agreement, the Term of the Agreement was to expire on December 1, 2023; however CITY and CONSULTANT agreed informally that the Term of the Agreement would be extended, and now wish to ratify and memorialize that extension; 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 I of the Agreement, entitled "SERVICES TO BE PROVIDED" is hereby amended to include the additional services set forth in CONSULTANT's proposal dated June 19, 2024, attached to this Second Amendment as Exhibit A and incorporated herein by reference. 2. Article II 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 fixed fee basis in accordance with the Exhibit A, in a not -to -exceed amount of $19,450 and to change the total not -to -exceed amount under the Agreement to $565,784. 3. Article III of the Agreement, entitled "TERM OF AGREEMENT" is hereby amended, effective as of December 1, 2023, to extend the Agreement term through March 31, 2026. 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 6�� A"4VIao,( Cristine Alitovich (Jul 17, 202412:46 PDT) CRISTINE ALILOVICH, City Manager ATTEST: Brenna Nurmi (for) (Jul 17, 2024 12:58 PDT) CONSULTANT BY: CaSeV CaS±Jul 11. 202-111 30 PDT Name: Casey Case President [If Contractor is a corporation, add signature of second corporate officer] LINDSAY LARA, City Clerk fig APPROVED AS TO FORM: Name: Title: RirGerF �. EbsFeuL Robot F EPSIMn (Jul :6. 202A 21:46PDT ROBERT F. EPSTEIN, City Attorney 0) Exhibit A GATES +ASSOCIATES Project Number Date: Project Title To: Company: SCOPE OF WORK: LANDSCAPE ARCHITECTURE LAND PLANNING URBAN DESIGN ADDITIONAL WORK AUTHORIZATION #02 P6114 June 19, 2024 Pickleweed Park Enhancements Theo Sanchez City of San Rafael Associate Civil Engineer Department of Public Works The purpose of this Additional Work Authorization (AWA) is authorizing the following additional services for BKF and Miller Pacific related to construction Administration Services: BKF: $16,450 Construction Administration: Support the Design Team and Contractor during the construction phase of the project. Anticipated services include: - Reviewing submittal information for conformance with the Civil drawings. - Responding to questions which arise during construction (RFIs). - Periodically attending construction meetings. - Periodically performing site observation and evaluating construction for conformance with the Civil drawings. - Preparing As -Built drawings. - Assisting with the development of a punch list at closeout. If the amount of time we're recommending is depleted while providing professional services requested of us, then GATES will notify the City of San Rafael and recommend the monetary allocation be increased proportional to the services we are being asked to provide. At this time, we anticipate this will be sufficient to provide the services being requested of BKF, but if needed and requested, BKF can provide additional services on a Time and Materials Basis. Miller Pacific: $3,000 Phase 3 (Construction Administration Support) - Review and respond to requires for information - Submittal reviews - Modifying any recommendations, as needed, based on the encountered conditions on site. - Respond to questions during bid phase 1655 N. MAIN STREET STE 365 1 WALNUT CREEK, CALIFORNIA 94596 1 T 925.736.8176 1 WWW. DGATES.COM GATES +ASSOCIATES LANDSCAPE ARCHITECTURE LAND PLANNING URBAN DESIGN FEES FOR WORK: FixedRate: ......................... .................................................................................................... .... $19,450 Please return one signed copy of this work authorization to Gates + Associates as soon as possible. If you have questions or comments regarding this matter, please contact us at your earliest convenience ISSUED: AUTHORIZATION CONFIRMED. BY: .... DATE: 2024-W19BY:.................................................. DATE:..................... MELON REyrioLu.,, .TE PRINCIPAL 1655 N. MAIN STREET STE 365 1 WALNUT CREEK, CALIFORNIA 94596 1 T 925.736.8176 1 WWW. DGATES.COM 2nd Amendment - Gates - Pickleweed Park Enhancements Final Audit Report 2024-07-11 Created: 2024-07-11 By: Shannon Mackie (shannon.mackle@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAsIZYw5g2LbTTtiuxWXy6PoXo5AgnipZ8 "2nd Amendment - Gates - Pickleweed Park Enhancements" His tory Document created by Shannon Mackie (shannon.mackle@cityofsanrafael.org) 2024-07-11 - 4:07:42 PM GMT- IP address: 199.88.89.34 E'► Document emailed to Casey Case (casey@dgates.com) for signature 2024-07-11 - 4:08:30 PM GMT L� Email viewed by Casey Case (casey@dgates.com) 2024-07-11 - 6:30:26 PM GMT- IP address: 104.47.73.254 6a Document e-signed by Casey Case (casey@dgates.com) Signature Date: 2024-07-11 - 6:30:37 PM GMT - Time Source: server- IP address: 64.21.203.66 ® Agreement completed. 2024-07-11 - 6:30:37 PM GMT '• SAN RAFAEL Adol e'Y I Acrobat Sign RAF,q�! i F TYwITH P� 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 Theo Sanchez) Extension: 3353 Contractor Name: Gates & Associates Contractor's Contact: Melonie Reynolds Contact's Email: melonie@dgates.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 ❑ enter a date. b. Email contract (in Word) and attachments to City 7/2/2024 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑X SM 2 City Attorney a. Review, revise, and comment on draft agreement 7/10/2024 and return to Project Manager 7/10/2024 © 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 7/11/2024 ® SM contractor 4 Project Manager Forward three (3) originals of final agreement to 7/11/2024 ❑x 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 _x1 Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 7/15/2024 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 7/16/24 SM 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 City Clerk Attest signatures, retains original agreement and 10 forwards copies to Project Manager 2nd Amendment - Gates & Associates - Pickleweed Park Enhancements Final Audit Report 2024-07-17 Created: 2024-07-16 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAZGda MT4aOPEWKGmciUf97185LJwMvGo rr2nd Amendment - Gates & Associates - Pickleweed Park Enha ncements" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-07-16 - 8:14:07 PM GMT- IP address: 199.88.113.8 L-4 Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-07-16 - 8:16:20 PM GMT 1L Document shared with Shannon Mackle(shannon.mackle@cityofsanrafael.org) by Nataly Torres (n ata I y. to rres @ cityofsa n rafa e I . o rg ) 2024-07-16 - 8:16:58 PM GMT- IP address: 199.88.113.8 Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-07-16 - 9:03:00 PM GMT- IP address: 104.47.65.254 do Document approved by Laraine Gittens(laraine.gttens@cityofsanrafael.org) Approval Date: 2024-07-16 - 9:06:27 PM GMT - Time Source: server- IP address: 199.88.113.8 E'-. Document emailed to rob.epstein@cityofsanrafael.org for signature 2024-07-16 - 9:06:30 PM GMT Email viewed by rob.epstein@cityofsanrafael.org 2024-07-17 - 4:46:05 AM GMT- IP address: 104.28.123.163 &0 Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-07-17 - 4:46:26 AM GMT- IP address: 104.28.123.163 4e Document e-signed by Robert F. Epstein (rob.epstein@cityofsanrafael.org) Signature Date: 2024-07-17 - 4:46:28 AM GMT - Time Source: server- IP address: 104.28.123.163 SAN RAFAEL I by Adobe TW :!ry v. in a r.ni« n•r Acrobat Sign P' + Document emailed to city.clerk@cityofsanrafael.org for approval 2024-07-17 - 4:46:30 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-07-17 - 4:58:43 PM GMT- IP address: 104.47.65.254 60 Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-07-17 - 4:58:51 PM GMT- IP address: 199.88.113.8 60 Document approved by Brenna Nurmi (city.clerk@cityofsanrafael.org) Approval Date: 2024-07-17 - 4:58:53 PM GMT - Time Source: server- IP address: 199.88.113.8 El Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-07-17-4:58:55 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-07-17 - 7:45:33 PM GMT- IP address: 104.47.64.254 60 Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-07-17 - 7:46:03 PM GMT- IP address: 199.88.113.8 60 Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-07-17 - 7:46:05 PM GMT - Time Source: server- IP address: 199.88.113.8 C'-► Document emailed to city. clerk@cityofsanrafael.org for signature 2024-07-17 - 7:46:06 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-07-17 - 7:58:14 PM GMT- IP address: 104.47.65.254 60 Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-07-17 - 7:58:27 PM GMT- IP address: 199.88.113.8 de Document e-signed by Brenna Nurmi (for)(city.clerk@cityofsanrafael.org) Signature Date: 2024-07-17 - 7:58:29 PM GMT - Time Source: server- IP address: 199.88.113.8 Agreement completed. 2024-07-17 - 7:58:29 PM GMT SAN RAFAEL Adobe I Acrobat Sign