CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
P.R. No: Vendor No: P.O./Contract No:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)
Term, Payment Limit and Service Plan
Payment Limit and Service Plan
Term an d Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a
municipal corporation (City), and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which
was approved by the City Council of the City of Richmond or executed by the City Manager on ,
which original term commenced
on
and terminates w
ith an original
contract payment limit of $
. Said contract shall hereinafter be referred
to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditio
ns of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
Contract Amendment/EJ/TE 09-26-07
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties’ agreement hereto:
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:
I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.
By _______________________
City Clerk
Approved as to form:
By_______________________
City Attorney
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."
2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
ADDRESS COWI North America, Inc.
555 12th Street
Suite 1700
Oakland, CA 94607
USA
TEL +1 510 839 8972
FAX +1 510 839 9715
WWW cowi.com
DATE 4 November 2022
PAGE 1/4
REF BRLW
PROJECT NO A242331
Request for Contract Amendment
The purpose of this letter is to request a contract amendment to account for changes to the assumptions and scope of work in Terminal 4 Cost Proposal as well as to allow for completion of the Final Plans, Specifications, and OPCC. The following sections outline the status of project deliverables, the status of the budget and costs of the project, and a summary of alterations to the scope necessary to deliver a complete set of Final Plans, Specifications, and OPCC. 1 Status of Project Deliverables
The status of the project is as follows:
› New aerial, topographic, and bathymetric surveys have been completed on May 27, 2022, and included in the updated project documents › 90% Plans, Specifications, and OPCC were delivered August 4, 2022 › Pre-Final Plans, Specifications, and OPPC were delivered October 13, 2022 › Final Plans, Specifications, and OPCC are in progress and scheduled to be delivered November 11, 2022; however, after discussions yesterday this submittal date will need to be extended to address additional items requested during the meeting.
This submittal request assumes that the Pre-Final Submittal comments and revisions provided will be used to complete the Final Submittal to be provided to the City on or around Novemeber 18, 2022. Additional submittals will require additional effort.
City of Richmond
c/o Craig Murray
450 Civic Center Plaza
Richmond, CA 94804
CVR 44623528
Exhibit A - Request for Contract
Amendment & Proposal
PAGE 2/4
2 Budget and Costs
The following is a summary of the project budget estimate from the scope of work, additional fee request to cover the scope alterations, and total revised contract amount.
Proposal
Estimate
$279,140
Additional Fee
Request
$28,910
Revised Contract
Amount
$308,050
3 Scope Alterations
The project understanding in the scope of work states "the main goal is to update the existing 60% plans to reflect the present conditions and prepare final plans, and technical specifications for the proposed removal and shoreline improvements." However, over the course of the project it has been necessary to do more than update the project documents for present conditions and make minor edits to bring the project documents to final status. This required level of effort conflicts with the level of effort assumed when developing the budget for this project.
Several items required additional investigation, analysis, and discussion to appropriately address. Some of these items, such as the East Brothers Lighthouse cable placement, overhead utility lines, and fire hydrant and bollards impacting ERSP placement, required effort to address but were not included in our request. But the following areas more substantially exceeded the project understanding and assumptions described in the scope of work:
3.1 Nature-Based Components
The scope of work states "COWI will not conduct additional engineering on nature-based components of ERSP". However, updates to project documents relating to nature-based components have been required. Additionally, further analysis has been required for features related to nature-based components such as designing fill material to be placed as a platform for future living crown plantings. The cost required to perform this additional engineering is 30 hours of work or approximately $6,300.
3.2 Non-Technical Specifications
The scope states "The City will be responsible for preparing front-end specs including but not limited to Division 0 – Procurement and Contracting Requirements and Division 1 – General Requirement specification sections (except the Summary of Work and Environmental Protection sections…)." However, to assist in the timely completion of the project COWI has assisted in
PAGE 3/4
reviewing, editing, and formatting additional front-end specifications. Tthe cost required to perform this additional specification work is 20 hours or $4,200.
3.3 Pile Count Analysis
The scope of work states: "Existing quantities will be used as-is and no reassessment or update of the quantities will be performed." However, upon review of the large differences between pile count surveys provided by C&W Diving and eTrac it was necessary to complete further analysis to determine an accurate pile count for present conditions. A detailed review of methodology and results from both surveys as well as additional analysis was completed to determine the best available pile count for the site. The cost for additional work related to the pile count is 45 hours or $9,450.
3.4 Bid Strategy Revision
The project team had discussed and jointly decided it would be best to bid the Demolition work based on square footage and bid the ERSP Construction work based on linear footage. This was confirmed during the project progress meeting on September 1, 2022 and depicted in the 90% and Pre-Final OPCC submittals. During the discussion on November 3, 2022, of the Pre-Final submittal review comments, the City requested the bid strategy be revised to bid both Demolition and ERSP Construction work based on tonnage. This revision at this stage in the project requires additional work of 48 hours or $8,960.
4 Change Order
Given the additional effort required to complete the project objectives, COWI requests a contract amendment for $28,910 be approved by the City of Richmond.
We look forward to the successful completion of this project and are happy to meet to discuss this contract amendment request at your convenience. Please feel free to reach out to Brian Lindawson, Ted Trenkwalder, or Jack Gerwick with questions.
PAGE 4/4
___________________________
Project Manager: Brian Lindawson
_____________________
Associate Project Director: Ted Trenkwalder
___________________________
Vice President: Jack Gerwick
ADDRESS COWI North America, Inc.
555 12th Street
Suite 1700
Oakland, CA 94607
USA
TEL +1 510 839 8972
FAX +1 510 839 9715
WWW cowi.com
DATE 20 February 2023
PAGE 1/2
REF JWK
PROJECT NO A242331
Proposal for Engineering Support During
Construction
Mr. Chavarria,
As requested in your email of February 9th, this letter provides our proposal for engineering services during the construction (ESDC) phase of the City of Richmond’s Terminal 4 Project.
Scope of Work
We propose to perform this work under a single time and material authorization. The following provides our rationale for the overall estimated level of effort to provide ESDC.
Engineering Services During Construction
Once a contactor has been selected, we expect ESDC will consist of the following items:
› Participating in regularly scheduled status meetings. › Reviewing and responding to contractor submittals.
› Reviewing and responding to contractor RFI’s.
› Performing site visits to review the progress of work as well as to resolve field issues.
› Providing input on potential changes and associated costs.
From our experience in similar roles on similar types of projects, the anticipated level of effort for this type of work is typically 12 to 16 hours per week. With an expected project duration of around 24 weeks, we suggest budgeting 336 hours for this work. Note that we have not included as-builts in Daniel Chavarria
Director
Public Works Department
City of Richmond, CA
PAGE 2/2
our estimated level of effort – if the City desires we can add that scope of work and come up with a revised estimate or address later in the project as the need becomes clearer.
Project Management
Jim Kearney, P.E., will take on the role of project manager for the construction phase of the project. Jim has more than 35 years of industry experience, much of it focused on waterfront projects in the Bay Area. Jim will be the day-to-day point of contact for the City and will manage our contract with the City as well as oversee invoicing and reporting. We expect this level of effort to be 2 hours a month for the approximately 6 month construction period.
Terms and Conditions
We propose to perform this work on a time and materials basis under an amendment to our current contract utilizing our 2023 rate sheet which is attached.
Fee and Schedule
The total estimated hours for this scope of work is 348. Based on the staff we expect to support this project, an average rate of around $230 is appropriate.
Therefore, our total estimate for this work is $80,000, which will be invoiced on a time and materials not-to-exceed basis. Should our estimated level of effort prove to be insufficient to provide the support requested by the City, we will advise the City and request an increase in authorization prior to working beyond the $80,000 limit.
We look forward continuing to support the City through this next phase of the project. If you have any questions on our proposal, please feel free to reach out to Jim Kearney (
[email protected] or 510.267.7170) or Jack Gerwick
([email protected] and 650.468.7583).
_____________________
Senior Project Manager: Jim Kearney
______________________
Vice President: Jack Gerwick
COWI North America Inc. 2023 Rates
Labor Category COWI
Level
2023 Rate
(USD)
Senior Vice President 10 310 $
Vice President/Project Director/Technical Director 9 290 $ Assoc. Technical/Project Director 8 260 $
Senior Engineer/Specialist/Project Manager 7 240 $
Senior Engineer/Specialist/Project Manager 6 215 $
Specialist/Engineer/Project Manager 5 190 $
Specialist/Engineer 4 170 $
Designer 3 155 $
Intern 2 90 $
CAD Manager 6 190 $
CAD Specialist 5 175 $
Senior CAD Technician 4 160 $
CAD Technician II 3 140 $
CAD Technician I 2 120 $
Diver 3 150 $
Diver 2 135 $
Senior Project Coordinator 5 165 $
Project Coordinator 3 135 $
Administrative Support 2 115 $
Assistant 1 80 $
Additional Notes (Unless Otherwise Provided in Written Agreement) The above rates include direct overhead, indirect overhead, and profit.
The above rates do not include Other Direct Costs (ODC).
All subcontractor invoices are marked up 5%.
Annual escalation is 3%.