FOURTH AMENDMENT TO AMENDED AND RESTATED
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PLEASANT HILL
AND SWINERTON MANAGEMENT AND CONSULTING
1. Parties and Date.
This Fourth Amendment to the Amended and Restated Agreement for Professional Services (the “Fourth Amendment”) is made and entered into as of August 1, 2020, by and between the City of Pleasant Hill, a municipal organization organized under the laws of the State of California with its principal place of business at 100 Gregory Lane, Pleasant Hill, CA 94523 (“City”) and Swinerton Management and Consulting with its principal place of business at 260 Townsend St. San Francisco, CA 94107 ("Consultant").
2. Recitals.
2.1 Background. The City and Consultant entered into a professional services agreement dated November 20, 2017 (“Agreement”) to obtain project and construction management services from the Consultant for design and construction of the new Pleasant Hill Library. The City and Consultant executed a First Amendment to the professional services Agreement inApril 2018 to clarify thescopeof work, whichtogetherwiththeoriginalAgreement constitutetheAmended andRestated Agreement for Professional Services (“Amended and Restated Agreement”). A First Amendment to the Amended and Restated Agreement was executed on December 16, 2019 for Program Management (library & infrastructure improvements). A Second Amendment to the Amended and Restated Professional Services Agreement was executed on October 5, 2020 to add Special Testing and Inspection services to provide material testing of major building components. A Third Amendment to the Amended and Restated Professional Services Agreement was executed on February 11, 2021 to engage a Commissioning Agent to manage testing, training, and commissioning of building systems.
2.2 Amendment Purpose. The City and Consultant desire to include additional scope to provide Tesla solar (photovoltaic) system management, technology/low voltage equipment management, services related to extended construction duration, and additional testing and inspection services for the new library project. This Fourth Amendment brings total compensation under the Amended and Restated Agreement to $1,977,536, as set forth herein.
Now, therefore, the parties agree as follows:
1. Scope ofServices Expanded. Consultant shall perform the additional scope of work described in Attachment #1.
2. Compensation Expanded. Consultant shall be compensated in an amount not to exceed $1,977,536 as shown below:
Type of Service Amount
Basic Services $950,000
Allowance for Reimbursable Expenses $30,000
Allowance for Additional Services $20,000
First Amendment to Amended and Restated Agreement
Extended Schedule Scope $57,600
Construction Management for Other Agencies $56,640
Multi-site Construction Coordination $94,840
Program Management for Oak Park Properties Projects $273,426 Total Compensation following First Amendment to Amended and Restated Agreement $1,482,506
Second Amendment to the Amended and Restated Agreement
Special Inspection & Testing $163,667
City Contingency for unforeseen and added scope $41,000 Total Compensation following Second Amendment to Amended and Restated Agreement
$1,687,173
Third Amendment to the Amended and Restated Agreement
Commissioning Services $35,208
City Contingency for unforeseen and added scope $5,281
Total Compensation following Third Amendment to Amended and Restated Agreement
$1,727,662
Fourth Amendment to the Amended and Restated Agreement
Tesla Solar (Photovoltaic) System Management $36,783
Technology/Low Voltage Equipment Management $29,748
Extended Construction Duration $173,360
Additional Testing and Inspection Services $9,983
Total Compensation following Fourth Amendment to Amended and Restated Agreement
$1,977,536
3. Continuing Effect of Agreement. Except as amended by the Fourth Amendment to the Amended and Restated Agreement, all other provisions of the Amended and Restated Agreement remain in full force and effect and shall govern the actions of the Parties. From and after the date of this Fourth Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Amended and Restated Agreement as amended by this Fourth Amendment.
4. Severability. If any portion of this Fourth Amendment to the Amended and Restated Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. [Signatures on Next Page]
SIGNATURE PAGE FOR
FOURTH AMENDMENT TO
AMENDED AND RESTATED AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN
THE CITY OF PLEASANT HILL AND
SWINERTON MANAGEMENT AND CONSULTING
IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment to the Amended and Restated Professional Services Agreement as of the date first written above.
CITY OF PLEASANT HILL SWINETON MANAGEMENT & CONSULTING
By: By:
June Catalano
City Manager Its:
Printed Name:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
ATTACHMENT 1
LIBRARY ADDITIONAL SERVICES
Consultant together with its subconsultants will provide the following Library Additional Services:
Tesla Solar (Photovoltaic) System Management $ 36,783
Technology/Low Voltage Equipment Management $ 29,748
Extended Construction Duration $173,360
Additional Testing and Inspection Services $ 9,983
Total Compensation in Fourth Amendment: $249,874