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Home My WebLink AboutRDA Reso 18-2010RESOLUTION NO. 18-21)10 REDEVELOPMENT AGENCY, CITY OF SOiJTH SAN FRANCISCO, STATE OF CALIFORN:[A A RESOLUTION APPROVING AN AMET~iDMENT TO THE CONSULTING SERVICES AGREEMENT WITH BROOKWOOD GROUP TO INCREASE THE AGREEMENT AMOUNT BY $150,000 TO INCLUDE THE COSTS OF ENGINEERING, ENVIRONMENTAL AND MARKETING SUB-CONSULTANTS. WHEREAS, the Redevelopment Agency of the City of South San Francisco ("Agency") is the owner of that certain real property located at 418 Linden Ave. in South San Francisco ("Property"); and WHEREAS, the Agency intends to construct a mi~:ed-use project ("Project") on the Property; WHEREAS, the Agency selected the Brookwood Group ("Brookwood") to provide development management services ("Services") for the Project based on Brookwood's demonstrated competence, experience with the site, and development expertise necessary to conduct the required services; and WHEREAS, on January 13, 2010, the Agency and ]Brookwood entered into a Consulting Services Agreement ("Agreement") pursuant to which Brookwood agreed to perform the Services and the Agency agreed to pay Brookwood a sum not to exceed $361,159; and WHEREAS, the Agreement amount does not include compensation for engineering, environmental and marketing sub-consultants for the Project because at the time of execution of the Agreement the actual sub-consultant costs ("Sub-consultant Costs") were unknown; WHEREAS, since execution of the Agreement, Brookwood has determined that the Sub- Consultant Costs will total $150,000; and WHEREAS, the Agency and Brookwood have negotiated an amendment to the Agreement substantially in the form attached hereto as Exhibit A ("Amendment") to increase the Agreement amount to $511,159 to include the Sub-Consultant Costs. NOW, THEREFORE, BE IT RESOLVED, by the Redevelopment Agency of the City of South San Francisco that the Agency hereby approves the Amendment. BE IT FURTHER RESOLVED that the Executive; Director (or his designee) is hereby authorized to execute the Amendment, to make revisions to the Amendment, subject to the approval of counsel, which do not materially or substantially increase the Agency's obligations thereunder, to sign all documents, make all approvals and take all actions necessary or appropriate to carry out and implement the intent of this Resolution. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a regular meeting held on the 8`" day of September, 2010 by the following vote: AYES: Boardmembers Pedro Gonzalez, Richard A. Ga~rbarino and Karyl Matsumoto, Vice Chair Kevin Mullin and Chairman Mar}c Addieg_o NOES: None ABSTAIN: None ABSENT: None A' AMENDMENT TO CONSULTING SERVICES AGREEMENT' WITH BROOKWOOD GROUP, INC. THIS AMENDIvIENT TO CONSULTING SERVICES AGREEMEN".h ("Amcn~ment") is entered into effective as of , 2010 ("Effective Date"), by and between the Redevelopment Agency of the City of South San Francisco, a public body, corporate and politic ("AGF,NCY") and Brookwood Group, Inc., a California Corporation ("CONSULTANT"). AGENCY and CONSULTANT are hereinafter collectively referred to as the "Parties." RECITALS WHEREAS, AGENCY and CONSULTANT entered into that certain Consulting Services Agreement dated January 13, 2010 pursuant to which CONSULTANT agreed to perform certain services related to the development of 418 Linden Avenue and AGENCY agreed to pay CONSULTANT a sum not to exceed Three Hwldred Sixty-One Thousand One Hundred Fifty-Nine Dollars ($361,159); and WHEREAS, the budget previously provided to the AGENCY by CONSULTANT did not include costs for the services of environmental, engineering and marketing sub-consultants ("Sub-Consultant Costs") because such costs were previously unknown; and WHEREAS, CONSULTANT has determined that the Sub-Consultant Costs will total One Hundred Fifty Thousand Dollars ($150,000) as described in Exhibit A; and WHEREAS, the parties desire to amend the Agreement to include the Sub-Consultant Costs. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Section 2 of the Agreement is amended as follows: Agency hereby agrees to pay Consultant an aggregate sum not to exceed Five Hundred Eleven Thousand C>ne Hundred Fifty-Nine Dollars ($511,159) on a time and materials basis for services to be performed and reimbursable costs incurred pursuant to this Agreement. In the event of a conflict: between this Agreement and Consultant's proposal, attached as Exhibit A, regardiing the amount of compensation, the Agreement shall prevail. Agency shall pay Consultant for services rendered pursuant to this Agreement at the time and in the ma~nler set forth herein. The payments specified below shall be th~° only payments fi-om Agency to Consultant for services rendered pursuant. to this Agreement. Consultant shall submit all invoices to Agency in the manner specified herein. Except as specifically authorized by Agency, Consultant shall not bill Agency for duplicate services performed by more than one person. All other terms, conditions and provisions in the Agreement remain in full force and effect. 3. This Amendment may be executed in one or more counterparts; each of which shall be an original and all of which taken together shall constitute one instrument. 4. This Amendment, together with the Agreement contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior oral or written agreements between the Parties with respect thereto. IN WITNESS ~JHEREOF, AGENCY and CONSULTANT have executed this Amendment as of the date first written above. AGENCY: Redevelopmer,~t .Agency of the City of South San Francisco, a public body, corporate and politic By' - -- Barry M. Nagel, Executive Director ATTEST: By Agency Secretary APPROVED AS TO FORM: By Steven T. Mattas, City Attorney CONSULTANT: Lrookwood Group, Inc., a California corporation By: Its: Exhibit A Sub-Consulting Services and I~osts _ Consultants _ _ Cost _ Structural Engineering (Telesis Engineering) $ 6,000 Civil Engineering (BKF Engineers) $ 6,800 Civil Engineering Site Survey (MacLeod Engineering) $ 1,500 Survey of existing fiber at Linden (Subtronic Corporation) $ 4,250 Mechanical, Plumbing & Fire Protection (Timmons) $ 21,680 Electrical Engineering ("Nimmons) $ 6,550 LEED Consulting (KEMA) $ 3,400 LEED Provider (Davis Energy Group) $ 750 Sales Consulting and Condominiurn Brokerage (PMA) $ 7,500 Retail Consultant (Weisbach Consulting) $ 2,500 Project Cost Consulting (Davis Langdon) $ 10,000 Telecommunications (KC Future Planning) $ 2,800 Acoustical Consultant (Charles Salter) $ 19,500 Legal Fees (Allowance) $ 5,000 3D Renderings (if required by the Design Review Board} $ 10,000 Allowance for Code/Elevatoring/ /Waterproofing/Lighting Consultants $ 15,000 Reimbursable expenses acid administrative inarlc-up $ 21,565 Contingency __ _ __ __ _ $ 5,205 ___ 'hotal $ 150,000 1506522.1 u N ~ ~ F ~m D ~ l 3 F -~ N ~ ~~ . 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