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Home My WebLink AboutItem No. 12 Amend. No. 1 PSA GeoMat Testing Labs, Inc. Palomar Trail CIP Z30008City Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: TMP 21-068 Agenda Date: 3/9/2021 Status: Approval FinalVersion: 1 File Type: Council Business Item In Control: City Council / Successor Agency Agenda Number: 12) First Amendment to Professional Services Agreement for GeoMat Testing Laboratories, Inc., for the Palomar Multi-Use Trail Project CIP No. Z30008 Approve the first amendment to the Professional Services Agreement and authorize the City Manager to execute the first amendment in the amount of Nineteen Thousand and Ten Dollars ($19,010) for GeoMat Testing Laboratories, Inc., for the Palomar Multi-Use Trail Project. Page 1 City of Lake Elsinore Printed on 3/4/2021 Page 1 of 2 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared By: Remon Habib, City Engineer Date: March 9, 2021 Subject: First Amendment to Professional Services Agreement for GeoMat Testing Laboratories, Inc., for the Palomar Multi-Use Trail Project CIP No. Z30008 Recommendation Approve the first amendment to the Professional Services Agreement and authorize the City Manager to execute the first amendment for Nineteen Thousand and Ten Dollars ($19,010) for GeoMat Testing Laboratories, Inc., for the Palomar Multi-Use Trail Project. Background The project includes the realignment of the Palomar Multi-Use Trail to the north side of Palomar Street. The limits of the multi-use trail are from Skylark Drive and Corydon Road. The Palomar Multi-Use Trail improvements include but are not limited to 12-foot Class I Bike lanes, curb and gutter, ADA ramps, installation of APS and rapid flashing beacon systems, and restriping of Palomar Street. Discussion The Palomar Multi-Use Trail project is approximately 2600 linear feet of new improvements on Palomar Street. GeoMat Testing Laboratories, Inc., will provide geotechnical services include compaction tests, AC temperature monitoring, soil density, AC gradation/extraction, and another geotechnical testing as required by the project. The original contract was executed for Geomat to provide professional Geotech engineering field services and testing at the original project located adjacent to the Riverside County Flood Control Channel between Corydon Rd and Palomar Street. The amendment will provide additional funding need for Geomat to provide geotechnical field services and testing at the redesigned location, which runs along the east side of Palomar Street between Corydon Road and Skylark Dr. Fiscal Impact Sufficient budget is contained in the Capital Improvement Program budget. First Amendment to Professional Services Agreement for GeoMat Testing Laboratories, Inc., for the Palomar Multi-Use Trail Project CIP No. Z30008 Exhibits A – Amendment No. 1 Agreement B – Original Agreement AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES GeoMat Testing Laboratories, Inc. Palomar Multi-Use Trail Project CIP No. Z30008 This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 3/9/2021, by and between the City of Lake Elsinore, a municipal corporation (“City) and GeoMat Testing Laboratories, Inc., a California Corporation (“Consultant”). RECITALS A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 10/28/2019 for geotechnical field services and testing in connection with the proposed Palomar Multi-Use Trail project, (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 Twenty-Six Thousand Three Hundred Twenty dollars ($26,320). The remaining balance of the Original Agreement is Thirteen Thousand Six Hundred Ten dollars ($13,610). C. The Original Agreement had a term commencing on 10/28/2019 and ending on 01/30/20. D. The City has modified the Palomar Multi-Use Trail alignment and the parties now desire to amend the scope of services, term of the Agreement and increase the payment for geotechnical field services and testing at the redesigned location as set forth in this Amendment No 1. 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 perform the services described in Consultant’s 1/28/2021 Proposal (attached to this Amendment No. 1 as Exhibit A-1). Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-1, subject to the direction of the City through its staff that it may provide from time to time. 2. Section 2, Term, of the Original Agreement is hereby amended to read in its entirety as follows: The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s 1/28/2021 Proposal (Exhibit A-1) unless earlier terminated as provided elsewhere in this Agreement. 3. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: For purposes of Amendment No. 1, compensation to be paid to Consultant shall be the remaining Thirteen Thousand Six Hundred Ten Dollars ($13,610) balance of the Original Agreement plus an additional Nineteen Thousand and Ten Dollars ($19,010) in accordance with the Schedule of Charges set forth in Consultant’s Proposal (Exhibit A-1 Amendment No. 1). In no event shall total compensation to Consultant for services provided pursuant to Exhibit A-1 to Amendment No. 1 exceed Thirty-Two Thousand Six Hundred Twenty Dollars ($32,620.00). Total Compensation to be paid to Consultant for services provided pursuant to the Original Agreement and this Amendment No. 1 shall not exceed Forty-Five Thousand Three Hundred Thirty Dollars ($45,330.00). Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A-1 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. 4. 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. 1 to be executed on the respective dates set forth below. “CITY” CITY OF LAKE ELSINORE, a municipal corporation “CONSULTANT” GeoMat Testing Laboratories, Inc. City Manager Date: Haytham Nabilsi Date: __ ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Risk Manager Attachments: Exhibit A-1 – Consultant’s Proposal EXHIBIT A-1 CONSULTANT’S PROPOSAL [ATTACHED]