The URL can be used to link to this page

Home My WebLink About03. CIP 16-05 Apprv Amends to PSA w-Stantec Consulting & Geo-Advantec for Telegraph Rd Throughput-Safety Enhancement Proj 1 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT No. 1 (“Amendment”) is entered into this 22nd day of January, 2019, by and between the City of Downey, a California municipal corporation and charter city (“City”) with its principal place of business at 11111 Brookshire Avenue, Downey, CA 90241 and Geo-Advantec, Inc., a California S-Corporation (“Consultant”) with its principal place of business at 457 W. Allen Avenue, Suite 113 San Dimas, CA 91773. City and Consultant are sometimes individually referred to as the “Party” and collectively as the “Parties”. WHEREAS, City and Consultant entered into a Professional Services Agreement (“Agreement”) on the 13 day of June, 2017 for professional geotechnical engineering services as more specifically described in the Agreement; WHEREAS, the parties desire to make certain amendments to the Agreement as set forth herein; and WHEREAS, the Parties intend to be bound by the terms and provisions of the Agreement as it is amended herein. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, the Parties agree as follows: Section 1. AMENDMENT(S). A. City and Consultant hereby amend Section 3.1.2, Term, of the Agreement to read as follows: The term of this Agreement shall be from June 16, 2017 to June 30, 2019, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The term of this Agreement may be extended by a written amendment to this Agreement signed by the City Manager and Consultant. B. City and Consultant hereby amend Section 3.2.5, City’s Representative, of the Agreement to read as follows: The City hereby designates Delfino R. Consunji, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee. C. City and Consultant hereby amend Section 3.3.1, Compensation, of the Agreement to read as follows: Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed Fifty-Three Thousand Seven Hundred Ten Dollars ($53,710) without written approval of the City. Extra Work may be authorized, as described below, and if authorized, said Extra Work will be MASTER SCHEDULE OF FEES PROPOSED COST BREAKDOWN- Pavement Study for Telegraph Road, City of Downey (CIP 16-05) Task Estimated Amount Cost/Unit Total Cost Remarks Coring, sampling+Backfill by RS Concrete or cold patch 50 Cores $150 /core 7,500 50 coring/pothole (Crew+Equipment) Traffic Control/Field for Coring 5.0 days $1,500 $7,500 Cost includes field traffic control Field Engineer 48 hr $80/ hr $3,840 Boring Locations marking, Logging, sampling Senior Geotechnical Engineer 16 $125 $2,000 Site reconnaissance and field visit and mapping Laboratory Testing/Work Lump Sum Per Master Fee $5,000 Tests include R-value, EI, Gradation, measurement, etc. Office Staff Engineer 56 hr $80/hr $4,480 Analysis ,design and prepare draft report Office Engineer/Senior 32 hr $125 $4,000 Office Engineer/Principal Geotechnical 16 hr $150/ hr $2,400 Review Analysis ,design and prepare final report Drafter 8 hr $50/hr $400 Report Preparation tasks TOTAL PROPOSED FEE $37,120 Supplemental Corings and Revised Report Lump Sum - $16,590 Traffic control, 30 additional cores, logging, sampling and revised report preparation TOTAL PROPOSED FEE $53,710 ENGINEERING SERVICES ENGINEERING AND PROFESSIONAL SERVICES Principal Geotechnical Engineer/Principal Engineering Geologist $ 150.00 Per Hour Senior Geotechnical Engineer/ Senior Engineering Geologist $ 135.00 Per Hour Registered Civil Engineer $ 135.00 Per Hour Project Manager $ 90.00 Per Hour Staff Engineer/Staff Geologist/Field Engineer $ 80.00 Per Hour Drafter $ 50.00 Per Hour GEOTECHNICAL INVESTIGATIVE/PRE-CONSTRUCTION PHASE FIELD DRILLING AND TESTING Field Engineer $ 80.00 Per Hour Coring (crew+equipment) $ 150.00 Per 4" core Backfilling cored holes with RS concrete $ 35.00 per location Backfilling cored holes with Hot Mixed Asphalt (Minimum Daily Charge $1,100) $ 80.00 per location Field Deflectometer Test (Dynatest) (Approximate production 225 points per day) $ 5,800.00 Per Day SOIL AND AGGREGATE CLASSIFICATION & PHYSICAL CHARACTERISITICS, R-VALUE TEST ASTM CTM C29 CT212 Unit Weight $ 25.00 Each D4829 Expansion Index $ 125.00 Each C117, D1140 Finer than #200 Wash $ 50.00 Each C136 CT202 Sieve Analysis- Coarse & Fine Including Wash Aggregate $ 140.00 Each C136 CT202 Sieve Analysis- Coarse Aggregate $ 110.00 Each C136 CT202 Sieve Analysis- Fine Including Wash Aggregate $ 110.00 Each D1140, D422 Particle-Size Distribution - Sieve Analysis + Hydrometer Combined $ 185.00 Each D4318 Atterberg Limits LL, PL, & PI of Soils $ 125.00 Each D2419 CT217 Sand Equivalent Value of Soil and Fine Aggregate (Set of Three) $ 100.00 Each Set D2844 CT301 R-Value (3 Points) $ 260.00 Each D2844 CT301 R-Value, Untreated Material $ 260.00 Each D2844 CT301 R-Value, Treated Material $ 300.00 Each 1 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT No. 1 (“Amendment”) is entered into this 22nd day of January, 2019, by and between the City of Downey, a California municipal corporation and charter city (“City”) with its principal place of business at 11111 Brookshire Avenue, Downey, CA 90241 and Stantec Consulting Services, Inc., a New York corporation (“Consultant”) with its principal place of business at 38 Technology Drive, Irvine, CA 92618. City and Consultant are sometimes individually referred to as the “Party” and collectively as the “Parties”. WHEREAS, City and Consultant entered into a Professional Services Agreement (“Agreement”) on the 13 day of June, 2017 for professional engineering services related to the Telegraph Road Traffic Throughput and Safety Enhancements Project, Phase 2 as more specifically described in the Agreement; WHEREAS, the parties desire to make certain amendments to the Agreement as set forth herein; WHEREAS, the Parties desire to amend the Agreement to add a requirement that the City of Pico Rivera be named on the insurance certificated to be provided by Consultant as additionally-insured; and WHEREAS, the Parties intend to be bound by the terms and provisions of the Agreement as it is amended herein. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, the Parties agree as follows: Section 1. AMENDMENT(S). A. City and Consultant hereby amend Sections 3.1.2, 3.2.5, 3.2.10.4 (A), (B), (C) and (D) and Sections 3.2.10.5, 3.2.10.6, 3.2.10.8 and 3.5.2 of the Agreement to read as follows: 3.1.2 Term. The term of this Agreement shall be from May 24, 2017 to December 31, 2019, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The term of this Agreement may be extended by a written amendment to this Agreement signed by the City Manager and Consultant. 3.2.5 City’s Representative. The City hereby designates Delfino R. Consunji, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.10.4 (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City of Pico Rivera and City and their respective directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary 2 insurance as respects the City of Pico Rivera and City and their respective directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self- insurance maintained by the City of Pico Rivera and City and their respective directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. 3.2.10.4 (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City of Pico Rivera and City and their respective directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City of Pico Rivera and City and their respective directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City of Pico Rivera and City and their respective directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. 3.2.10.4 (C) Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City of Pico Rivera and City and their respective directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. 3.2.10.4 (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City of Pico Rivera and City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City of Pico Rivera and City and their respective directors, officials, officers, employees, agents and volunteers. 3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City of Pico Rivera and City and their respective directors, officials, officers, employees, agents and volunteers. 3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City of Pico Rivera and City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City of Pico Rivera and City and their respective directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.8 Verification of Coverage. Consultant shall furnish the City of Pico Rivera and City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City of Pico Rivera and City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by either the City of Pico Rivera 3 or City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City of Pico Rivera and City reserve the right to require complete, certified copies of all required insurance policies, at any time. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Stantec Consulting Services, Inc. 38 Technology Drive Irvine, CA 92618-5312 Phone: (949) 923-6962 Fax: (949) 923-6121 Attn: Mohammad Heiat, P.E., Principal City of Downey: City of Downey 11111 Brookshire Avenue Downey, California 90241 Phone: (562) 904-7102 Fax: (562) 904-7296 Attn: Delfino R. Consunji, P.E., Director of Public Works City of Pico Rivera: City of Pico Rivera 6615 Passons Boulevard Pico Rivera, California 90660 Phone: (562) 801-4225 Fax: (562) 949-2525 Attn: Director of Public Works With a courtesy copy to: City of Downey City Attorney’s Office 11111 Brookshire Avenue Downey, California 90241 Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. Section 2. The rights, obligations and fees of the Parties under the Agreement shall not otherwise be amended, altered or revised except as expressly provided for herein and all other terms of the Agreement shall remain in full force and effect. Section 3. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.