Amendment to Professional Services Agreement
Form approved by the City Attorney 8-8-14
FIRST AMENDMENT
TO PROFESSIONAL SERVICES AGREEMENT NUMBER F002308
WITH BKF ENGINEERS
Thi
s First Amendment to Agreement number F002308, dated April 27, 2021 ("Agreement") is made as of this _____ day of ______, 2024, by and between the City of Santa Rosa, a municipal corporation (" City"), and BKF Engineers, a California Corporation (" Consultant" or “Contractor”).
RE
CITALS
A. Cit
y and Consultant entered into the Agreement for Consultant to prepare final design Plas, Specifications, & Estaimtes (PS&E) and obtain right -of-way engineering services and construction support consistent with the project guidelines of Caltrans Capital Outlay.
B. Cit
y and Consultant now desire to amend the Agreement for the purpose of authorizin g c
ertain Additional Work for the Project.
A
MENDMENT
NO
W, THEREFORE, the parties agree to amend the Agreement as follows:
1. S
ection 1. Scope of Services
E
xhibit A to the Agreement is supplemented by Exhibit A-1 to this Amendment.
2. S
ection 2. Compensation
E
xhibit B to the Agreement is supplemented by Exhibit B -1 to this Amendment. Section 2(e) is amended to increase the compensation payable to Consultant under the Agreement by $973,850 to read as follows:
"N
otwithstanding any other provision in this Agreement to the contrary, the total maximum compensation to be paid for the satisfactory accomplishment and completion of all tasks set forth above shall in no event exceed the sum of four million, eight hundred and sixteen thousand, eight hundred and two dollars and no cents ( $4,816,802). The City’s Chief Financial Officer is authorized to pay all proper claims from Charge Number 17381."
3. Ti
me for Peformance
The l
ast sentence of Section 16 of the Agreement is amended as follows:
“
Contractor shall complete all the required services and tasks and complete and tender all deliverables to the reasonable satisfaction of City by April 30, 2025.” A
ll other terms of the Agreement shall remain in full force and effect.
Exhibit A
Amendment to Professional Services Agreement
Form approved by the City Attorney 8-8-14
Executed as of the day and year first above stated.
CONSULTANT:
Name of Firm:__________________________
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____ Other (please specify: ___________)
Signatures of Authorized Persons:
By: _____________________________
Print Name:_______________________
Title: ____________________________
By: _____________________________
Print Name:_______________________
Title: ____________________________
City of Santa Rosa Business Tax Cert. No.
_____06505296_________
CITY OF SANTA ROSA
a Municipal Corporation
By:_________________________________
Print Name:__________________________
Director, __________ Department
Title:________________________________
APPROVED AS TO FORM:
____________________________
Office of the City Attorney
Attachment: Exhibit A-1 - Scope of Services (Authorized Additional Services) Exhibit B-1 - Compensation
Exhibit A-1
Scope of Services
Section A. APPROVED ADDITIONAL WORK. City agrees to compensate Consultant for Additional Work performed between April 30, 2021 through the end of the Term of the Agreement (April 30, 2025) as set forth below for a total not-to-exceed amount of $973,850.
(1) T he City will not provide Consultant with any additional compensation or authorize any Additional Work, including any work or services related to the bridge design considered, reviewed and approved by the City’s Design Review Board on April 18, 2019, November 4, 2021 and December 1, 2022, beyond that set forth in this Exhibit A-1 through the end of the Term of the Agreement.
(2) Consultant agrees to complete, in full, all Tasks, including Tasks 1-11 and Additional Work Tasks 12-17, subject to the not-to-exceed amount set forth in Section 2(e) of the Agreement.
(3) All work and services covered in Exhibit A and Additional Work set forth in this Exhibit A-1 will be compensated in accordance with the rates set forth in Exhibit B-1, subject to the not-to-exceed amounts set forth in the Agreement.
Section B. ONGOING TASKS. Tasks 12-21 are ongoing for the Project, as set forth below.
The Deliverables and Brief Descriptions of Work identified below are provided by way of example and not limitation. Consultant is responsible for providing all deliverables and completing all related work necessary to complete the identified task. In addition, the “Dates Work Performed” description is provided as an estimate and target, and deviation from the estimated dates provided does not entitle Consultant to additional compensation.
Task 12.
Change in Structure Complexity
Not-to-exceed Amount: $315,000
Dates Work Performed: Ongoing through PS&E completion.
Deliverables (if any): Complete and final Caltrans approved design project.
Brief Description of Work: Any and all additional structural analysis required for the bridge considered, reviewend and approved by the City’s Design Review Board.
Task 13. Meetings
Not-to-exceed Amount: $115,000
Dates Work Performed: 2021 through PS&E completion.
Deliverables (if any): All documents necessary for meeting preparation and execution, including Agendas, Minutes, and schedule revisions Brief Description of Work: Meetings include, but are not limited to the following:
(a) Coordination and Meetings with SRJC Student Housing Designers (b) Public Meetings with SRJC Board Facilities Committee (c) Design Modifications Related to SRJC Discussions
(d) Sonoma Broadband Coordination
(e) All additional Public Meetings requested, including governing board meetings and City committee meetings
(f) Coordination, Modeling, and Visualizations for the Truss Alternative (g) Technical and Progress Meetings
(h) Briefing of New City and Caltrans Staff
(i) Any additional meetings of any kind reasonably deemed necessary by the City to facilitate or complete remaining Project Tasks 1-11 and Additional Work Tasks 12-27, including, without limitation, Task 1 (Project Management/Project Coordination) and Task 11 (Design and Support Services During Bid). All prior limitations on the number of meetings set forth in Exhibit A do not apply for the remainder of the Term of the Agreement.
Task 14.
Peer Review
Not-to-exceed Amount: $180,650
Dates Work Performed: June 2022 to date
Deliverables (if any): New subconsultant, Meetings and peer review reports to Caltrans
Brief D escription of Work: All additional Independent Peer Review services required by Caltrans due to findings in January 2022 that the Project is defined as a “Complex Bridge.”
Task 15. Tuned Mass Damper (TMD) Work
Not-to-exceed Amount: $14,700
Dates Work Performed: Ongoing through PS&E completion.
Deliverables (if any): Tuned Mass Damping system design Brief Description of Work: Resulting from Task 3, design and engineering services to provide a tuned mass damper system to the project. This item supports the specialists design of the system.
Task 16.
Wind and Vibration Redesign
Not-to-exceed Amount: $97,000
Dates Work Performed: Ongoing through PS&E completion.
Deliverables (if any): Redesign and coordination meetings Brief Description of Work: Related design team time to redesign due to Task 3 and 4. Work on this Task includes additional $6,000 of supplemental wind tunnel analysis due to findings.
Task 17. Public Art
Not-to-exceed Amount: $6,500
Dates Work Performed: Ongoing through PS&E completion.
Deliverables (if any): Design Criteria, allowable locations and any coordination requirements for the public art process.
Brief Description of Work: Provide all materials and information required for the project’s coordination with the Public Art process.
Task 18. ROW Cert Re-Work
Not-to-exceed Amount: $3,500
Dates Work Performed: Ongoing through PS&E completion.
Deliverables (if any): Caltrans ROW Certification
Brief Description of Work: All additional work required to complete the ROW phase of work and paperwork with Caltrans.
Task 19. Caltrans Standards Update
Not-to-exceed Amount: $29,000
Dates Work Performed: Ongoing through PS&E completion.
Deliverables (if any): Approved final plans, specifications and estimate from Caltrans and City.
Brief Description of Work: All PS&E changes required to meet the Caltrans Standards (including all Plans and Specifications) effective at the time the Project is solicited by the City.
Task 20. Buy America Changes
Not-to-exceed Amount: $35,400
Dates Work Performed: Ongoing through PS&E completion.
Deliverables (if any): Approved final plans, specifications and estimate from Caltrans and City.
Brief Description of Work: All work related to Buy America Build America changes to project PS&E phase of work.
Task 21. Operations and Maintenance Manual for Bridge Structure Not-to-exceed Amount: $65,500
Dates Work Performed: March 2024 – October 2024
Deliverables (if any): A comprehensive Operations and Maintenance Manual for Bridge Structure and pathway reviewed and approved by the City.
Brief Description of Work: Completion of an Operations and Maintenance Manual for Bridge Structure to be combined with the pathway maintenance manual and in alignment with the Caltrans Maintenance agreement to allow comprehensive planning of the future maintenance needs of the project.
Section C. COMPLETED TASKS. Tasks 22-27 are completed for the Project. No additional compensation for these tasks will be provided beyond that set forth below:
Task 22.
Wind and Vibration
Not-to-exceed Amount: $79,500
Dates Work Performed: Fall 2022
Deliverables (if any): Wind and Vibration additional studies Brief Description of Work: Additional wind and vibration studies required by Caltrans.
Task 23. Lighting
Not-to-exceed Amount: $4,300
Dates Work Performed: 2023
Deliverables (if any): Meetings and a presentation write-up Brief Description of Work: Additional requirements from Caltrans to demonstrate bridge lighting.
Task 24. Lightening Risk Analysis
Not-to-exceed Amount: $4,500
Dates Work Performed: 2023
Deliverables (if any): Risk analysis report
Brief Description of Work: Additional work to evaluate the bridge for lightening risk as required by Caltrans.
Task 25. NPDES Permit
Not-to-exceed Amount: $2,500
Dates Work Performed: 2023
Deliverables (if any): Revised NPDES permit
Brief Description of Work: All work related to the new NPDES permit and analysis.
Task 26. Independent Appraisals
Not-to-exceed Amount: $6,300
Dates Work Performed: Early 2023
Deliverables (if any): Letter in response to the Independent Appraisal Brief Description of Work: As requested by owner an additional independent appraisal for their consideration.
Task 27. Grant Fund Applications
Not-to-exceed Amount: $14,500
Dates Work Performed: Fall 2022
Deliverables (if any): Grant Funding Application
Brief Description of Work: All work required to support the City in pursuing the Safe Streets and Roads for All grant.