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HomeMy WebLinkAboutItem No. 08 Amend No. 3 PSA Dost EngineeringText File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 19-493 Agenda Date: 2/25/2020 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 8) Page 1 City of Lake Elsinore Printed on 2/20/2020 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared By: Nicole McCalmont, Senior Engineering Technician Date: February 25, 2020 Subject: Amendment No. 3 to the Professional Services Agreement with Dost Engineering Recommendation Authorize the City Manager to execute Amendment No. 3 to the Agreement for Professional Services with Dost Engineering for Project Management and Civil Engineering Services in the amount of $38,200 plus a 10% contingency, in final form as approved by City Attorney. Background The City entered into the original Professional Services Agreement on December 1, 2018, for $30,000 for engineering services under the City Manager’s signature authority for Camino Del Norte, SCE Streetlight Acquisition and other projects requested by the City. On May 14, 2019, Amendment No. 1 for $78,000 was approved for additional work related to the SCE Streetlight Acquisition, Camino Del Norte and engineering related services. On November 12, 2019 Amendment No. 2 for $37,800 was approved for additional work related to Camino Del Norte. Discussion Dost Engineering provided Construction Support Services during the construction phase of the Camino Del Norte Extension. With the construction phase nearing completion, the engineering staff recommends to employ long-term erosion control and drainage conveyance BMP’s. Amendment No. 3 will authorize the design of over-side drains and long-term erosion control measures at Camino Del Norte Extension. These design components will ensure the future integrity of the roadway to withstand substantial rain events with minimal ongoing maintenance. Fiscal Impact $38,200 plus a 10% contingency to be funded through the adopted CIP Budget. Exhibits A – Amendment No. 3 AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES Dost Engineering Professional Engineering Services Camino Del Norte Improvements, Z10030 This Amendment No. 3 to Agreement for Professional Services is made and entered into as of February 25, 2020, by and between the City of Lake Elsinore, a municipal corporation (“City), and Dost Engineering, (“Consultant”). RECITALS A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of December 01, 2018, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Consultant in an amount of Thirty Thousand dollars ($30,000). C. Amendment No. 1 was approved May 14, 2019, to increase the Consultant’s compensation to an amount not to exceed Seventy-Eight Thousand dollars ($78,000) D. Amendment No. 2 was approved November 12, 2019, to increase the Consultant’s compensation to an amount not to exceed Thirty-Seven Thousand Eight Hundred dollars (37,800) E. The parties now desire to amend the scope of services and increase the payment for such services as set forth in this Amendment No 3. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: 1. Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following: Consultant shall also perform the services described in Consultant’s January 24, 2020 Proposal (attached to this Amendment No. 3 as Exhibit A-3). Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-3, subject to the direction of the City through its staff that it may provide from time to time. 2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Notwithstanding the foregoing, for purposes of Amendment No. 3 and the term thereof, compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Consultant’s Proposal (referenced collectively as Exhibit A-3 Amendment No. 3). In no event shall Consultant’s compensation related to Exhibit A-3 to Amendment No. 3 exceed Thirty-Eight Thousand Two Hundred dollars ($38,200) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A-3 respectively, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the respective dates set forth below. “CITY” CITY OF LAKE ELSINORE, a municipal corporation “CONSULTANT” Dost Engineering Grant Yates, City Manager Date: Farid Dost, Owner/Principal Engineer Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Attachments: Exhibit A-3 – Consultant’s Proposal EXHIBIT A-3 CONSULTANT’S PROPOSAL [ATTACHED]