SECOND AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES FOR THE RUMRILL BOULEVARD COMPLETE STREETS PROJECT NO. 0700
THIS SECOND AMENDMENT TO AGREEMENT FOR CONSULTING
SERVICES is effective the 11th day of June, 2024, by and between the CITY OF SAN PABLO, a municipal corporation ("City") and Consor Engineers, LLC (aka Consor Engineering, Inc. and Consor Engineers, Inc., and formerly Quincy Engineering, Inc.), a wholly owned subsidiary of Consor North America, Inc. (“Consultant”).
R E C I T A L S
WHEREAS, on June7, 2021, City and Consultant entered into an Agreement for consulting services consisting of construction management services related to the City of San Pablo’s Rumrill Complete Streets Project No. 0700 in an amount not to exceed $1,351,476;
WHEREAS, in October 2022, City was notified that Consultant Quincy Engineering was acquired and became Consor Engineers, LLC (aka Consor Engineering, Inc. and Consor Engineers, Inc.), a wholly owned subsidiary of Consor North America, Inc.;
WHEREAS, on July 21, 2023 City and Consultant entered into a First Amendment to Agreement to add additional services, to increase compensation by $100,000, for a total contract amount not to exceed $1,451,476, and to extend the term of the Agreement through June 30, 2024; and
WHEREAS, the parties have agreed to further modify the terms of that Agreement related to (1) Scope of Services; (2) Compensation; and (3) Effective Date and Term.
NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF SERVICES. Pursuant to Section 3 of the Agreement, entitled “Additional Services,” certain Additional Services shall be added to the “Scope of Services” identified in Section 1 of the Agreement. Section 1, “Scope of Services” is hereby amended to add the following provision:
“Consultant agrees to provide to the City the Additional Services as specified in Consultant’s Amendment Proposal dated April 11, 2024, attached hereto as Exhibit 1 and incorporated herein. In the event of any conflict or inconsistency between any of the terms of the Exhibits and the Agreement as amended, the terms most favorable to the City shall prevail.”
2. COMPENSATION. Section 2 of the Agreement, “Compensation,” is amended to include the following provision:
“CITY shall pay consultant up to an additional Eight Hundred Seventeen Thousand Six Hundred Forty-Eight Dollars ($817,648), as follows:
City of San Pablo/CONSOR North America, Inc.
Consultant Services – Rumrill Complete Streets Project (0700) Amendment #2
Original contingency added to per 4/11/24 proposal $135,148 Additional Services per 4/11/24 proposal $650,000
Claims contingency $ 32.500
Total compensation added by 2nd Amendment $817,648
Total compensation under this Agreement as amended shall exceed Two Million Two Hundred Sixty-Nine Thousand One Hundred Twenty-Four Dollars ($2,269,124).”
3. EFFECTIVE DATE AND TERM. Section 4 of the Agreement, “Effective Date and Term,” is amended to include the following provision:
“The term of this Agreement, (“Term”) begins on the Effective Date set forth above, and expires on December 31, 2024. If the Term expires later than the end of the City’s Fiscal year, the continuation of the Term into the next Fiscal year will be contingent upon the City’s lawful encumbrance or appropriation of new funds for the Agreement.”
4. All other terms and conditions of the Agreement, as amended, shall remain in full force and effect.
APPROVED AS TO FORM: CITY OF SAN PABLO
A Municipal Corporation
By _______________________________ By ___________________________________ Brian Hickey, City Attorney Matt Rodriguez, City Manager
Consor Engineers, LLC (aka Consor
Engineering, Inc. and Consor Engineers, Inc.,
and formerly Quincy Engineering, Inc.), a
wholly owned subsidiary of C onsor North
America, Inc.
By ___________________________________
R. Brent Lemon, Principal
ATTEST:
By _______________________________ Dated _________________________ Dorothy Gantt, City Clerk
ATTACHMENT:
Exhibit 1 – Consultant’s Amendment Proposal dated April 11, 2024
City of San Pablo/CONSOR North America, Inc.
Consultant Services – Rumrill Complete Streets Project (0700) Amendment #2
EXHIBIT 1
Consultant’s Amendment Proposal dated April 11, 2024
2950 Buskirk Avenue, Suite 122 Walnut Creek, CA 94597 (925) 939-7100
April 11, 2024
City of San Pablo
Matt Brown, PE,
Senior Civil Engineer
1000 Gateway Ave
San Pablo, CA 9406
RE: Request for Access Construction Management and Inspection Services Contingency Budget for the Rumrill Blvd Complete Streets Project
Dear Mr. Brown, Per our recent conversations regarding the Rumrill Blvd Complete Streets Project construction management and inspection project budget, we have evaluated the project status relative to the Consor budget for our professional services and respectfully request access to the contingency budget in order to best meet the City’s ongoing needs. Our request is summarized below: We would like to officially request our budget be increased by $650,000 for a total no-to-exceed budget of $2,236,624.00. Current not to exceed budget, including amendment 1: $ 1,451,476.10 Requested Budget increase in the amount of the Contingency: $ 135,147.90 Amendment 2 Request: $ 650,000.00 Total Not-to-Exceed Budget: $ 2,236,624.00 There are several factors which required Consor to send additional effort on this project and contributing to the request for additional funds. The abnormal winter weather. Due to the abnormally wet winter last year construction on the critical path was not able to progress, however the project required continued management, including SWPPP reporting, BMP maintenance, site repairs following the storms. Procurement of Manufactured items. Since the Covid-19 the delivery times for manufactured items have been inconsistent. This has been a continued problem due to the procurement of materials for manufactured assembly, including cameras (activation), reinforced concrete pipe (which required redesign to HDPE) and permanent pedestrian barricades. Utility work. At the start of the project several utility companies, PG&E, EBMUD, West County Sanitation District, were completing their relocation work. Additionally, PG&E has been slow progress with their designs, approval field improvements, and schedule their construction efforts, requiring our team to spend a significant amount of time coordinating with PG&E to push this process along. Each of these delays required additional effort from our team to investigate the issue and work to minimize the impact of the delays including, resequencing of work, changing of designs, and execution of multiple change orders. If you have any questions, please contact me at (925) 200-9898, or my email at: [email protected]. We look forward to continuing our partnership on this important City project.
Sincerely,
Consor North America, Inc.
Mike Hagerty, PE, QSD | District Manager
Cost Proposal
Project Number: City #0700, Federal #ATOL-5303 (017)
TASKS
Principal Eng.Resident EngineerOffice EngineerOrrice EngineerOffice EngineerConsor Total HoursConsor Total Labor DollarsConsor LaborConsor ProfitConsor NLF BudgetUNICO ENGBSKJMAJORSSubconsultant Subtotal RM MH MWR DO MWR Direct LaborLabor+OH MultiplierFee MultiplierActual Labor Multiplier No. Initial Hourly Rate $90.00 $88.40 $54.13 $54.13 $54.13
2.732 10% 3.006
1.0 Pre-Construction 0 $0 $0 $0.00 $0 $0
2.0 Construction 240 484 160 884 $56,077 $153,219 $15,321.92 $168,541 $0
2.1 Construction Inspection and ARE 0 $0 $0 $0.00 $0 $400,000 $400,000
2.2 Materials Testing 0 $0 $0 $0.00 $0 $81,000 $81,000
2.3 Public Outreach 0 $0 $0 $0.00 $0 $0
3.0 Post Construction 0 $0 $0 $0.00 $0 $0
$0
Subtotal- Hours 0 240 484 160 0 884 $56,077.01 $153,219.21 $15,321.92 $168,541.13 0 Estimated Salary Increases for Multi-Year Project $0.00 $0.00 $0.00 $0.00 Other Direct Costs 0 $458.87 0
Total Cost $0 $21,216 $26,200 $8,661 $0 $56,077 $56,077 $153,219 $15,322 $169,000 $400,000 $0 $81,000 $481,000 650,000.00
Type of Project Here
Project Name: Rumrill Blvd Complete Streets