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Home My WebLink AboutStaff Report 2304-1272CITY OF PALO ALTO CITY COUNCIL Special Meeting Monday, May 08, 2023 Council Chambers & Hybrid 5:00 PM Agenda Item 5.Approval of a Contract Amendment for Time Only with Romig Engineers, Inc. for Geotechnical Services for the Public Safety Building Capital Improvement Program Project (PE-15001); CEQA: Environmental Impact Report for the Public Safety Building and the New California Avenue Area Parking Garage (Resolution No. 9772) 2 0 0 9 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Public Works Meeting Date: May 8, 2023 Report #:2304-1272 TITLE Approval of a Contract Amendment for Time Only with Romig Engineers, Inc. for Geotechnical Services for the Public Safety Building Capital Improvement Program Project (PE-15001); CEQA: Environmental Impact Report for the Public Safety Building and the New California Avenue Area Parking Garage (Resolution No. 9772) RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or their designee to execute Contract Amendment No. 3 to Contract S20176170 with Romig Engineers, to provide geotechnical services for the Public Safety Building project through April 30, 2024 at no additional cost. BACKGROUND The New Public Safety Building (PSB) (PE-15001) and New California Avenue Area Parking Garage (Garage) (PE-18000) are among ten key projects included in the 2014 Council Infrastructure Plan. The PSB was identified as the plan’s highest priority project and is tied together with the parking garage project with respect to the California Environmental Quality Act (CEQA). The parking garage opened in December 2020. On February 1, 2021, Council approved the award of the construction contract for the PSB to Swinerton Builders and authorized execution and delivery of one series of Certificates of Participation in an amount not to exceed $120 million to finance PSB construction.1 The PSB construction is estimated to be complete in fall 2023. Romig Engineers’ construction geotechnical services are still required as construction on the PSB continues. 1 City Council, February 1, 2021; Agenda Item # 4, SR #11752, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2021/id-11752.pdf 2 0 0 9 ANALYSIS Romig Engineers’ services for the PSB project include evaluation of subsurface materials at the site to provide information for design and construction of excavation shoring and seepage cut- off walls, preconstruction geotechnical services, and construction geotechnical services. Romig Engineers contract S201761702 began on November 8, 2019. The contract term was through November 7, 2022 and was extended by Amendment No. 2 through May 18, 2023. Amendment No. 3 is needed for Romig Engineers to continue to provide construction geotechnical services through the end of PSB construction. The new contract expiration date will extend beyond the anticipated PSB construction completion to provide for potential related but unforeseen geotechnical engineering needs in support of the project. FISCAL/RESOURCE IMPACT No additional funding is required for the contract and recommendation in this report. This is a time-only extension that requires Council approval. STAKEHOLDER ENGAGEMENT Extensive stakeholder engagement was completed during the PSB design process. No stakeholder engagement was done for this contract amendment. ENVIRONMENTAL REVIEW An Environmental Impact Report for the PSB and the New California Avenue Area Parking Garage was prepared and was certified by Council on June 11, 2018, by adoption of Resolution No. 97723. ATTACHMENTS Attachment A: S20176170 Romig-Amendment No. 3 APPROVED BY: Brad Eggleston, Director Public Works/City Engineer 2 Romig Engineers Inc., Geotechnical services for Public Safety Building, S20176170, https://www.cityofpaloalto.org/files/assets/public/public-works/engineering-services/cip-contracts/romig- engineers-inc.-s20176170_-psb_final.pdf 3 Resolution 9772, https://www.cityofpaloalto.org/files/assets/public/city-clerk/resolutions/reso- 9772.pdf?t=40475.53 Vers.: Aug. 5, 2019 Page 1 of 4 AMENDMENT NO. 3 TO CONTRACT NO. S20176170 BETWEEN THE CITY OF PALO ALTO AND ROMIG ENGINEERS, INC. This Amendment No. 3 (this “Amendment”) to Contract No. S20176170 (the “Contract” as defined below) is entered into as of May 8, 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and ROMIG ENGINEERS, INC., a California corporation, DIR Registration #1000056882, located at 1390 El Camino Real, 2nd Floor, San Carlos, CA 94070 ("CONSULTANT"). CITY and CONSULTANT are referred to collectively herein as the “Parties”. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of professional geotechnical services for a new Public Safety Building (PSB), as detailed therein. B. The Parties entered into Amendment No. 1 to update the Schedule of Rates Exhibit C-1, as detailed therein. C. The Parties entered into Amendment No. 2 to extend the contract term for six (6) months through May 18, 2023, at no additional cost to the City, as detailed therein. D. The Parties now wish to amend the Contract in order to extend the contract term for eleven (11) months through April 30, 2024, at no additional cost to the City, as detailed herein. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. S20176170 between CONSULTANT and CITY, dated November 8, 2019, as amended by: Amendment No. 1, dated November 2, 2021 Amendment No. 2, dated November 9, 2022 b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Term. Section 2 of the Contract is hereby amended to read as follows: “The term of this Agreement shall be from the date of its full execution through completion of DocuSign Envelope ID: C485CD29-3C2B-44B8-95F9-F532B380B83A Vers.: Aug. 5, 2019 Page 2 of 4 the services in accordance with the Schedule of Performance attached at Exhibit “B” entitled SCHEDULE OF PERFORMANCE, AMENDMENT NO. 3, AMENDED, REPLACES PREVIOUS , but in no event later than April 30, 2024, unless terminated earlier pursuant to Section 19 of this Agreement.” SECTION 3. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 3”, AMENDED, REPLACES PREVIOUS. SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 5. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) DocuSign Envelope ID: C485CD29-3C2B-44B8-95F9-F532B380B83A Vers.: Aug. 5, 2019 Page 3 of 4 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO _____________________________ City Purchasing Manager APPROVED AS TO FORM: _____________________________ City Attorney or Designee ROMIG ENGINEERS, INC. Officer 1 By:_____________________________ Name:__________________________ Title:___________________________ Officer 2 By:____________________________ Name:_________________________ Title:__________________________ Attachments: Exhibit “B”: SCHEDULE OF PERFORMANCE, AMENDMENT NO. 3, AMENDED, REPLACES PREVIOUS DocuSign Envelope ID: C485CD29-3C2B-44B8-95F9-F532B380B83A Glenn Romig, President President Secretary Elisabeth Romig, Secretary Vers.: Aug. 5, 2019 Page 4 of 4 EXHIBIT “B” SCHEDULE OF PERFORMANCE, AMENDMENT NO. 3, AMENDED, REPLACES PREVIOUS CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY. Milestones Completion No. of Weeks from NTP 1 Supplemental Exploration, Testing, and Report 6 weeks 2 Preconstruction Services 44 weeks 3 Construction Geotechnical Services 232 weeks DocuSign Envelope ID: C485CD29-3C2B-44B8-95F9-F532B380B83A