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HomeMy WebLinkAboutItem No. 17 - Amendment No. 3 to the Professional Services Agreement for Proactive Engineering17)Amendment No. 3 to the Professional Services Agreement for Proactive Engineering Consultants (Formerly Adams Streeter Civil Engineers) for Main Street Pedestrian Safety Improvements and Information Technology Infrastructure CIP Project No. Z10075 Approve and authorize the City Manager to execute Amendment No. 3 with Proactive Engineering Consultants (Formerly Adams Streeter Civil Engineers) for additional construction support services for the Main Street Pedestrian Safety Improvements and Information Technology Infrastructure Project in an amount not to exceed $43,287.49 in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency. 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:October 8, 2024 Subject:Amendment No. 3 to the Professional Services Agreement for Proactive Engineering Consultants (Formerly Adams Streeter Civil Engineers) for Main Street Pedestrian Safety Improvements and Information Technology Infrastructure CIP Project No. Z10075 Recommendation Approve and authorize the City Manager to execute Amendment No. 3 with Proactive Engineering Consultants (Formerly Adams Streeter Civil Engineers) for additional construction support services for the Main Street Pedestrian Safety Improvements and Information Technology Infrastructure Project in an amount not to exceed $43,287.49 in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency. Background On October 11, 2022, the City Council approved the Professional Services Agreement in the amount of $145,855.00, with Adams Streeter Civil Engineers for the final design to prepare conduit infrastructure plans, intersection enhancement plans, and pedestrian safety elements within the Main Street corridor. On January 10, 2023, the City Council approved Amendment No. 1 to the original agreement in the amount of $70,940.00 for the additional scope of work to include increasing the IT utility duct bank limits. On June 13, 2023, the City Council approved Amendment No. 2 in the amount of $38,140.00 with Adams Streeter Civil Engineers, Inc., for the additional scope of work, which includes additional survey, ADA ramp design, and in-ground pedestrian flashing lights. Amendment No. 3 Proactive Engineering Consultants (Adams Streeter) Page 2 of 2 Discussion The City now requires an additional scope of work, which includes the installation of additional ADA ramps towards the I15 Interchange, drainage improvements, removable bollards to close off Main Street for special events located at Main/Limited, Main/Sulphur Graham/Main, Peck/Main and Graham/Spring, update and revise the IT Conduit plans, and additional survey work. The scope also includes the addition of construction support services. Fiscal Impact Professional Services Contract will result in a revised total contract amount, including Amendment No. 3, to a not-to-exceed amount of $298,222.49. Attachments Attachment 1 – Amendment No. 3 Exhibit A – Proposal Attachment 2 – Amendment No. 2 Attachment 3 – Amendment No. 1 Attachment 4 – Original Agreement Engineering 3 8 0 2 3 AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES Adams-Streeter Civil Engineering, Inc. (now operating as Proactive Engineering Consultants) Main Street Pedestrian Safety Improvements and Information Technology Infrastructure Project Z10075 This Amendment No. 3 to Agreement for Professional Services (the “Agreement”) is made and entered into as of October 8, 2024, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Adams-Streeter Civil Engineers, Inc. , a Corporation ("Consultant"). RECITALS A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 10/11/2022, (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 One Hundred Forty Five Thousand, Eight Hundred Fifty-Five dollars ($145,855.00). C. Amendment No. 1, approved January 10, 2023, provided for an increase in compensation in an amount not to exceed Seventy Thousand Nine Hundred Forty dollars ($70,940). D. Amendment No. 2, approved June 13, 2023, provided for an increase in compensation in an amount not to exceed Thirty-Eight Thousand One Hundred Forty dollars ($38,140). E. The parties now desire to amend the scope of services, term 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. Acknowledge that Adams Streeter Civil Engineers is now operating as Proactive Engineering Consultants. 2. 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 5/21/2024 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. 3 8 0 2 3 3. 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 Forty-Three Thousand Two Hundred Eighty Seven dollars and 49 Cents ($43,287.49) without additional written authorization from the City Council. Consultant compensation shall not exceed Two Hundred Ninety-Eight Thousand Two Hundred Twenty-Two Dollars and 49 Cents ($298,222.49). 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. 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. 3 to be executed on the respective dates set forth below. “CITY” CITY OF LAKE ELSINORE, a municipal corporation “CONSULTANT” Proactive Engineering Consultants, a Corporation City Manager Date: Mark S. Anderson, CFO Date: __ ATTEST: City Clerk 3 8 0 2 3 APPROVED AS TO FORM: City Attorney Assistant City Manager Attachments: Exhibit A-1 – Consultant’s Proposal EXHIBIT A-3 CONSULTANT’S PROPOSAL [ATTACHED] May 21, 2024 City of Lake Elsinore Attn: Mr. Carlos Norvani, P.E., Land Development Engineer Engineering Department 130 S. Main Street Lake Elsinore, CA 92530 SUBJECT: Amendment No. 3 Main Street Pedestrian Safety Improvements and Information Technology Infrastructure Project Z10075 Dear Mr. Norvani, We are pleased to submit this proposal for the additional scope of work for surveying and revisions to the plans for the subject project. The scope of work is described below: A. Provide additional topographical survey as needed for design and upgrade of ADA ramps at Main Street & Prospect Street, Main Street & Sumner Ave., Main Street & Pottery Street and along Main Street south of Library and Prospect Street. B. Revise and update plans and details for construction of improvements at Main Street & Prospect Street, Main Street & Sumner Ave., Main Street & Pottery Street. C. Revise plans to add Bollards at Main Street, Prospect Street, Graham Avenue and Peck Street. Add extra sheets and details and update specs as needed. D. Add drainage improvements, curb and gutter and sidewalk along east side of Main Street (south of Limited Street) to Mountain View Avenue. Coordinate the plans with other proposed improvements at this location. E. Update and revise the IT conduit plans as required by City’s IT division requests and changes. Update alignment and lateral details and access manhole details and specifications as requested by City IT division. F. Supplemental budget to provide construction support services for added scope of work. This task will include attending the pre-construction meeting and responding to contractor request for clarification related to the project specifications and respond to Request for Information (RFI) from contractor during construction. Preparation of as-built plans is also included in this budget. As-built plans will be based on as-built information provided by the contractor and does not include any surveying services. Mr. Carlos Norvani May 21, 2024 City of Lake Elsinore Page 2 Amendment No. 3-Main Street Improvements ITEM DESCRIPTION TOTAL FEEA- Additional Topographical Survey at at Intersections and Main Street$3,360 B-Revise and Update Improvement Plans for Intersections at Main Street $8,280 C- Revise Plans and Add Details for Addition of Bollards$4,680 D- Add Drainage Improvement Plans along Main Street South of Limited Street$5,040 E- Update and Revise IT Conduit Plans $6,120 F- Supplemental Budget for Construction Support Services and As-Built Plans$9,900 G- Update Cost and Quantity Estimate, Bid Schedule and Specifications$1,800 H- Project Meetings and Coordination $2,160 TOTAL $41,340 G. Update cost and quantity estimate and bid schedule and specifications. H. Attend meetings and provide coordination with consultants and City. SCHEDULE OF FEES The fee breakdown for the above scope of work is provided below for your review and consideration. BILLING All billing will be invoiced on a percentage of completion basis. The above Scope of Work and any additional services will be based on the following current hourly rates: Office: $180/Hour Field: 2-Man Survey Crew $280/Hour These rates will remain in effect through December 2024, at which time they may be changed. All out of pocket expenses, such as filing and permit fees, blueprinting, courier fees, plotting and reproduction charges, will be invoiced at our direct cost. Thank you for the opportunity to be of service to the City of Lake Elsinore. Please do not hesitate to contact me for any questions or if you need anything else. Sincerely, Mo Abadi P.E. Senior Project Manager