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Home My WebLink AboutPW Francisco Blvd. East Sidewalk Improvements Project; Inspection Services; First AmendmentFIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH PARK ENGINEERING, INC. FOR PROFESSIONAL SERVICES FOR THE FRANCISCO BOULEVARD EAST SIDEWALK IMPROVEMENTS PROJECT THIS FIRST AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and PARK ENGINEERING, INC., (hereinafter "CONSULTANT"), is made and entered into as of the v day of /1jo , 2021. RECITALS WHEREAS, pursuant to City Council Resolution No. 14796, the CITY and CONSULTANT entered into a contract dated June 12, 2020 for construction inspection and materials testing services associated with the CITY'S project to improve the sidewalk along Francisco Boulevard East, for an amount not to exceed $373,504 (the "Agreement"); and WHEREAS, the CITY requires additional construction inspection and materials testing services from the CONSULTANT to cover the 115 working days that have been added due to change orders and additional testing for unanticipated items, 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 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, attached to this First 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 First 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 $35,000, and to change the total not -to -exceed amount under the Agreement to $408,504. 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 First Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL %-�JLr JIM SCNUTZ, Cia ager ATTEST: r LINDSAY LARA, City Clerk APPROVED AS TO FORM: Zt'� a Ae'lv y C'o '- ,ROBERT F. EPSTEIN, City Atorney 2 CONSULTANT: PARK ENGINEERING, INC. By: Name: Title: and Name:�t'1E�1 Title: Orinda Office 372 Village Square Orinda, CA 94563 Tel: 925-257-2508 Fax: 925-401-7030 Emeryville Office 3960 Adeline Street, #3 Emeryville, CA 94608 Tel: 925-257-2508 Fax: 925401-7030 Exhibit A October 28, 2021 Ms. April Miller, City Engineer City of San Rafael, Public Works Department 111 Morphew Street San Rafael, CA 94901 Dear April, As previously discussed, Park Engineering Inspection Services budget for the City's Francisco Blvd East Sidewalk Improvement Project (City Project #11349) has almost been expended (less than $2,000 remaining) with work still to be completed. Our original inspection and materials testing budget was based on information provided by the City for 200 -days of an estimated duration, with a small allowance of overtime. Field work is nearly complete but, to date, the construction efforts has experienced a number of delays — utility conflicts with per plan drainage and electrical work, added storm drain pipe improvements, added signal interconnect work, delay to new PG&E connection, COVID manufacturing impacts to various materials, and delay to the final planting related to the severe drought in Marin County. These impacts total to an approximate 115 working day time extension. This extension has expended the original inspection budget prior to completion of the field work and close-out effort on the project files. As none of the time extension impacts were a result of Park Engineering's effort on the project, enclosed please find an additional budget estimate of $35,000 for Construction Inspection Services to complete the project through the end of 2021. This estimate includes field time for the remaining storm drain and landscaping work, scheduled to complete in November, as well as hours to complete final payment to the Contractor and overall project files / documentation. There is also a small allowance for an remaining materials testing invoices to be paid. If there are any questions, or if any additional information is needed, please contact me on my mobile at 510-701-0319 or at spatterson@park-eng.com. Sincerely, Steve Patterson, P.E. Vice President Attachment Please remit to: Park Engineering 372 Village Square Orinda, CA 94563 Invoice City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 Attention: April Miller, P.E. Construction Inspection Services for Francisco Blvd East Sidewalk Improvements File No. 16.01.241.01 / Project No. 11349 Date: October 28, 2021 PEI Project # 20006 Invoice #: 20006 -XX Estimate To Complete Name Position/Service Hours Rate Amount Steve Patterson, P.E. Construction Manager 120 $ 189.42 $ 22,730.40 James Beauchamp Inspector 100 $ 127.11 $ 12,711.00 James Beauchamp Inspector- Overtime 0 $ 190.67 $ - Subtotal $ 35,441.40 Direct Costs: Name Service Amount AME Materials Testing and Source Inspection $ 1,500.00 Previous Invoices $ 371,723.54 Subtotal $ 1,500.00 Total Invoice Amount Submitted by: aa-�r Jaemin Park, P.E. President $ 36,941.40 Contract Summary: This Invoice $ 36,941.40 Previous Invoices $ 371,723.54 Total to Date $ 408,664.94 Contract Amount $ 373,504.00 Budget Remaining $ (35,160.94) Percent Complete 109.41% p,� RAF C9 1, yo V,Tr WITH I' 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: Park Engineering, Inc. Contractor's Contact: Steve Patterson Contact's Email: spatterson@park-eng.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 11/8/2021 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑X IKK 2 City Attorney a. Review, revise, and comment on draft agreement 11/8/2021 ❑X LG and return to Project Manager 11/8/2021 ❑X LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to 11/15/2021 ❑X BG contractor 4 Project Manager Forward three (3) originals of final agreement to 11/15/2021 ❑X IKK 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 ❑X IKK 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 11/17/2021 IKK 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 )�l�g` ZM1 8 City Attorney Z024 (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized official Attest signatures, retains original agreement and forwards �� Idl YJ11-7- 10 City Clerk copies to Project Manager