FIRST AMENDMENT TO AGREEMENT TO PROVIDE FULL DESIGN
FOR THE SANTA ANA MAIN LIBRARY RENOVATION
THIS FIRST AMENDMENT to the above-refer enced agreement is entered into on August 20, 2024, by and between Group 4 Architecture, Research + Planning, Inc., a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corpo ration organized and existing under the Constitution and laws of the State of Cal ifornia (“City”).
RECIT
ALS
A. Following Request for Proposal (“RFP”) No. 21-118, the parties entered into Agreement No. A-2022-060 (“Agreement”) dated April 19, 2022, to retain a qualified consultant having special skill and knowledge in the field of library renovation to prepare full conceptual plans for the Santa Ana City Library.
B. To support extensive upgrades during the renovation, on December 21, 2022, the City approved a reallocation of scope and fees that deferred Task 5 of the scope of work to the Agreement, which included bidding, construction administration, and record drawings.
C. The Agreement is in full force and effect through April 18, 2025.
D. With the award of a contract for construction, the City now desires to reinstate the original Task 5 services that were deferred on December 21, 2022 and include Additional Services Requests within the scope of work.
E. The parties now wish to amend the Agreement to expand the scope and increase compensation.
The Parties therefore agree:
1. Section 1, Scope of Services, is hereby amended to include Exhibit A-1 of this First Amendment. This amended scope of services includes:
a. Additional Service Request (“ASR”) 04 Reinstated Task 5 Construction Administration (“CA”). With the award of a contract for construction, the City now desires to reinstate the original Task 5 services that were deferred on December 21, 2022. ASR 04 reinstates these services.
b. ASR 05 Supplemental Services for Historic Restoration. As part of ASR 03 Materials Testing – the historic specialist, Page & Turnbull, has developed an extensive marble restoration repair and rehabilitation scope. For a new ASR 05 Page & Turnbull has proposed a scope of services that can be provided as directed by the City on a time and material basis. Page & Turnbull Task 5 services have been removed from ASR 04 and ASR 07 and are fully provided for in ASR 5. c. ASR 06 Existing Elevator Evaluation and Repair Recommendations. The City has requested that the existing elevator be evaluated by a specialty sub-consultant to determine the scope of repairs needed. Through ASR 06, the services of J.E. Sellen
have been engaged by Consultant and an evaluation of the elevator has been performed and an allowance specification for its repair. d. ASR 07 Extended CA for Months 13-18. Through ASR 07, the City desires to have Consultant support the construction phase services.
2. Section 2.a., Compensation, is hereby amended to include Exhibit D-1 of this First Amendment. The compensation for services provided is increased by $499,383 for a total Agreement amount not to exceed $2,657,948.
3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.
Jennifer L. Hall Alvaro Nuñez
City Clerk Acting City Manager
APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO, City Attorney
David Schnee
Principal
By:____________________________
Brandon Salvatierra
Deputy City Attorney
RECOMMENDED FOR APPROVAL
______________________________
Br
ian Sternberg
Executive Director
Library Services Agency
Brian Sternberg (Aug 5, 2024 16:18 PDT)
EXHIBIT A-1
Jason Gabriel CLIENT CONTR #: A-2022-060
City of Santa Ana
Public Works Agency ADD SERVICE #: 04 Reisntated Task 5 20 Civic Center Plaza PO Box 1988
Santa Ana, CA 92702 BILLING TYPE: Lump Sum
PROJECT NAME: G4 PROJECT #: GROUP 4 PHASE #:
Santa Ana Library Renovation 22575-01 I04
SCOPE SUMMARY:
ADD SERVICE LUMP SUM FEE
$355,287
DESIGN FEE SUB-TOTAL:
$355,287
David Schnee Date
Principal in Charge
Jason Gabriel Date
Acting City Engineer
Task 5 - All Original Basic Services Disciplines except P&T excluded (See ASR 05) See Fee Hour Backup
27 June 2024 ADD SERVICE REQUEST
Reinstate Original Executed Contract Task 5: Bid Advertisement, Construction Admin, Record Drawings scope and fee that had been deferred on 12/22/2022. Page & Turnbull scope excluded - see ASR 05 for its replacement.
G:\22575-01 Santa Ana Library\Y-Contract\CLIENT\Amendment\Amendment 1 2024-XX-XX\Santa Ana Fee-hours 2024-06-27 Amendment 01 ASR 04 Reinstate CA 2024-06-27
6/27/2024
Jason Gabriel CLIENT CONTR #: A-2022-060
City of Santa Ana
Public Works Agency ADD SERVICE #:
05 Hist. Restoration
Support
20 Civic Center Plaza PO Box 1988
Santa Ana, CA 92702 BILLING TYPE: T&M
PROJECT NAME: G4 PROJECT #: GROUP 4 PHASE #:
Santa Ana Library Renovation 22575-01 I05
SCOPE SUMMARY:
ADD SERVICE
TIME &
MATERIAL FEE
NTE MARKUP EXTENSION
Page &
Turnbull $88,350 $8,835 $97,185
DESIGN FEE SUB-TOTAL: $97,185
David Schnee Date
Principal in Charge
Jason Gabriel Date
Acting City Engineer
Supplemental Historic Restoration
Support
27 June 2024 ADD SERVICE REQUEST
Page & Turnbull Task 5 services (bid, construction admin, closeout) related to historic preservation scope. Providing support to Owner, CM and AOR on reviewing General Contractor and Speciality restoration sub contractor qualifications, approach, submittals, and work.
G:\22575-01 Santa Ana Library\Y-Contract\CLIENT\Amendment\Amendment 1 2024-XX-XX\Santa Ana Fee-hours 2024-06-27 Amendment 01 ASR 05 Hist CA Svs 2024-06-27
6/27/2024
Jason Gabriel CLIENT CONTR #: A-2022-060
City of Santa Ana
Public Works Agency ADD SERVICE #:
06 Exist Elevator
Survey
20 Civic Center Plaza PO Box 1988
Santa Ana, CA 92702 BILLING TYPE: Lump Sum & T&M
PROJECT NAME: G4 PROJECT #: GROUP 4 PHASE #:
Santa Ana Library Renovation 22575-01 I06
SCOPE SUMMARY:
ADD SERVICE
LUMP SUM
FEE MARKUP EXTENSION
J.E. Sellen $2,440 $244 $2,684
J.E. Sellen $7,910 $791 $8,701
ADD SERVICE
TIME &
MATERIAL FEE
NTE MARKUP EXTENSION
J.E. Sellen $7,500 $750 $8,250
DESIGN FEE SUB-TOTAL: $19,635
David Schnee Date
Principal in Charge
Jason Gabriel Date
Acting City Engineer
Elevator Allowance Specification
On-Site elev. Evaluation incl travel
Other Repair support services
13 June 2024 ADD SERVICE REQUEST
Evaluation of existing passenger elevator, preparation of bid allowance specification, repair recommendations, and supplemental services.
G:\22575-01 Santa Ana Library\Y-Contract\CLIENT\Amendment\Amendment 1 2024-XX-XX\Draft to City 2024-06-13\Santa Ana Fee-hours 2024-06-13 Amendment 01 ASR 06 Exist Elev S2024-06-13
6/13/2024
Jason Gabriel CLIENT CONTR #: A-2022-060
City of Santa Ana
Public Works Agency ADD SERVICE #: 07 Supplemental CA
20 Civic Center Plaza PO Box 1988
Santa Ana, CA 92702 BILLING TYPE: Lump Sum
PROJECT NAME: G4 PROJECT #: GROUP 4 PHASE #:
Santa Ana Library Renovation 22575-01 I07
SCOPE SUMMARY:
ADD SERVICE
LUMP SUM
FEE MARKUP EXTENSION
$122,861 incl $122,860.86
DESIGN FEE SUB-TOTAL: $122,860.86
David Schnee Date
Principal in Charge
Jason Gabriel Date
Acting City Engineer
6 months Additional CA, see
attached breakdown
27 June 2024 ADD SERVICE REQUEST
Extension of CA services for another 6 months beyond original 12 month duration outlined in Prime Agreement to a new total of 18 months. Excludes Page & Turnbull included in ASR 05.
Excludes basic shop drawing review included in ASR 04 Reinstated Task 5. Includes virtual attendence in weekly OAC meetings and monthly in-person attendence and field walk for full 18 months. Further extension of CA duration or supplemental travels will be Additional Services.
G:\22575-01 Santa Ana Library\Y-Contract\CLIENT\Amendment\Amendment 1 2024-XX-XX\Santa Ana Fee-hours 2024-06-27 Amendment 01 ASR 07 Supp CA 2024-06-27
6/27/2024
EXHIBIT D-1
City of Santa Ana
Santa Ana Main Library Renovation
Group 4 Agreement Amendement 1
Construction Phase services
Exhibit D Recap 2024-06-07
Original Contract
Amount
Post 12/21/2022
Authorization
12/21/2022 Status after execution of this
authorization
Completed/Invoiced as of
2024-06-13
Balance Remaining
as of 2024-06-13
Post Amendment 1
Authorization Comment
1.A Compensation for Basic Services
Task 1 Pre-design 93,214.00$ 93,214.00$ completed 93,214.00$ -$ Task 2 Schematic Design 241,724.00$ 241,724.00$ completed 241,724.00$ -$ Task 3 Design Development 322,300.00$ 322,300.00$ completed 322,300.00$ -$ Task 4 Construction Documents 564,023.00$ 564,023.00$ completed 564,023.00$ -$ Task 5 Bidding, CA, Record Documents (12 months) 402,871.00$ -$ deferred, pending future ASR 04 approval -$ -$ Total Basic Compensation 1,624,132.00$ 1,221,261.00$ 1,221,261.00$ -$ 1,221,261.00$ No change, no balance left
2.A Compensation for Optional Services
Option 1: Children's Thematics 65,000.00$ 65,000.00$ completed 65,000.00$ -$ Option 2: Elevator Design 38,200.00$ 38,200.00$ completed 38,200.00$ -$ 103,200.00$ 103,200.00$ 103,200.00$ -$ 103,200.00$ No Change, no balance left
3.B Additional Services Allowance 200,000.00$
ASR 01 Scan to BIM Lump Sum 43,450.00$ completed 43,450.00$ -$ ASR 02 Supplemental Scope Lump Sum 443,975.00$ completed 443,975.00$ -$ ASR 03 Supplemental Material Testing T&M 168,200.00$ completed T&M task only used $72,615.14 72,615.14$ 95,584.86$ 200,000.00$ 655,625.00$ 560,040.14$ 95,584.86$ 560,040.14$ Reduced to Actual amount completed - no balance left
4.B Reimbursable Expense Allowance 35,000.00$ 35,000.00$ no change 10,559.72$ 24,440.28$ 35,000.00$ No Change, ~$24k balance as of 6/13/20024
5.A Contract Contingency 196,233.00$ 143,479.00$ adjusted balance - not used -$ 143,479.00$ 143,479.00$ Maintained at post ASR 03, all funds remaining as of 6/13/2024 Total Contract 2,158,565.00$ 2,158,565.00$ no change - will need to be amended at time of construction contract award to
fund deferred Task 5 services
1,895,060.86$ + 263,504.14$ 2,062,980.14$ Updated Total of Tasks 1-4 and Contingency Total Contract Pre Amend 1> 2,158,565.00$
6. AMENDMENT 1 CONSTRUCTION PHASE SERVICES
ASR 04 Reinstated Deferred Basic Services Task 5 Lump Sum w P&T fee removed 355,287.00$ ASR 04 Reinstated Deferred Basic Services Task 5 ASR 05 Supplemental Services for Historic RestorationT&M for P&T through 18 months 97,185.00$ ASR 05 Supplemental Services for Historic Restoration ASR 06 Elevator Survey & Repair Spec Lump Sum and T&M 19,635.00$ ASR 06 Elevator Survey & Repair Spec ASR 07 Extended CA services for months 13-18 Lump Sum, excludes P&T 122,860.86$ ASR 07 Extended CA services for months 13-18 NEW CONTRACT TOTAL 2,657,948.00$ NEW CONTRACT TOTAL Amendement 1 Additional Fee Lump Sum & T&M 499,383.00$ Amendement 1 Additional Fee Lump Sum & T&M G:\22575-01 Santa Ana Library\Y-Contract\CLIENT\Amendment\Amendment 1 2024-XX-XX\Santa Ana Fee-hours 2024-06-27 Amendment 01Amend 1 Exhibit D recap 6-27