1 FIRST A M E N D M E N T T O A G R E E M E N T
THIS FIRST AMENDMENT TO AGREEMENT, dated for purposes of
identification only this day of , 2022 is made and entered into
by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,"
A
N
D
ARDURRA GROUP, INC. a Florida corporation, formerly known as
ANDERSON PENNA PARTNERS,
hereinafter referred to as "CONSULTANT.”
W I T N E S S E T H:
WHEREAS, the parties have previously entered into a written agreement d ated April 12, 2016 for civil engineering services related to the Lincoln Avenue Widening Project from East Street to Evergreen within the City of Anaheim limits (hereinafter, the “Agreement”); and WHEREAS, the parties wish to amend the Agreement to modify the compensation to cover the cost of additional design services including work related to changes in the corridor and modifications based on recent right-of-way negotiations.
WHEREAS, the parties also wish to amend the Agreement to correct CONSULTANT’S legal name.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. CONSULTANT’s name was erroneously referenced in the Agreement as ANDERSON PENNA PARTN ERS, INC. , a Florida corporation. The Agreement is hereby amended to reflect CONSULTANT’s legal name: ARDURRA GROUP, INC, a California corporation.
2 2. That the Agreement is hereby amended to include those additional Services as outlined in t he proposal dated September 29 , 2022 , a ttached hereto as Exhibit “A -1” and incorporated herein by reference.
3. Section 4.1 of Section 4 entitled, "Compensation," of the Agreement is hereby amended in its entirety to read as follows:
“ANAHEIM shall pay CONSULTANT for the Services rendered, pursuant to this Agreement, in the amount of Six Hundred Thirty-Five Thousand, Two Hundred Six Dollars and No/100 Cents ($635,206.00) pursuant to the fee proposal set forth in Exhibits A and A-1 and incorporated herein by reference (“Schedule of Compensation"). CONSULTANT and ANAHEIM agree that no changes to the fee proposal set forth in Exhibits A and A-1 shall be made during the term of this Agreement without the prior written approval of ANAHEIM.”
4. The first paragraph of Section 4.2 of Section 4 entitled, "Compensation," of the Agreement is hereby amended in its entirety to read as follows:
“Extra Work. The Director of Public Works is authorized to approve additional expenditures to be paid to CONSULTANT, pursuant to this Agreement, for Extra Work not included in the Scope of Services, in the amount Two Hundred Seven Thousand, Two Hundred Thirty-Six Dollars and No/100 Cents ($ 207,236.00) if the Director of Public Works determines, in her sole discretion, that the additional Extra Work is necessary for the successful completion of the Services.”
5. Section 4.3 of Section 4 entitled, "Compensation," of the Agreement is hereby amended in its entirety to read as follows:
"4.3 It is understood by and agreed between the Parties to this Agreement that full and complete payment for all Services provided in accordance with this Agreement, including, but not limited to, all Extra Work, reimbursable expenses and subconsultant fees, if any, shall not exceed Eight Hundred Forty -Two Thousand, Four Hundred Forty-Two Dollars and No/100 Cents ($842,442.00)."
6. Except as expressly amended hereby, all the remaining provisions of the Agreement, as amended, shall remain in full force and effect. 3 7. CONSULTANT and CONSULTANT's signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this First Amendment to Agreement on behalf of CONSULTANT and to bind CONSULTANT hereto.
8. This First Amendment to the Agreement shall be effective on the date on which this Agreement is executed by ANAHEIM.
[SIGNATURES ON FOLLOWING PAGE]
4 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to Agreement to be executed on the dates hereinafter respectively set forth.
CITY OF ANAHEIM,
a municipal corporation
DATE OF EXECUTION:
By_________________________________________
Rudy Emami, Director of Public Works
ATTEST:
By _________________________________
City Clerk of the City of Anaheim
"ANAHEIM"
ARDURRA GROUP, INC. a Florida corporation,
formerly known as ANDERSON PENNA
PARTNERS,
DATE OF EXECUTION: By___________________________________
____________________ Printed Name__________________________
Title_________________________________
"CONSULTANT"
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By___________________________________
Bryn M. Morley
Deputy City Attorney
Date__________________________________
147170
Attachments: Exhibit A-1
Newport Beach El Segundo Long Beach San Diego www.ardurra.com
September 29, 2022
Stephen Cruz, PE
Associate Civil Engineer
City of Anaheim – Public Works
200 S. Anaheim Blvd
Anaheim, CA 92805
Subject: Change Order Request for the Lincoln Ave Widening from East Street to Evergreen Street Project (AGR N. 9959)
Dear Mr. Cruz:
Thank you for the opportunity to submit this request for the amendment to our contract for the above referenced project.
Ardurra understands that there have been a number of changes to the right-of-way within the project area. Due to these changes, the project plans require updates to reflect changes to the right-of-way, updates to the project background files due to recent developments, as well updates due to owner negotiations.
Ardurra is requesting an amendment for additional budget to update the plans, continue coordination efforts with the City and with utility providers, and meeting attendance in support of these updates. The total requested additional base fee is $75,802 (Including Optional construction support services total is $92,274) and will not increase without prior authorization. The following page provides a breakdown of the supplemental efforts.
Please contact Jose Hernandez at (714) 458-7929 or at [email protected] with any questions you may have.
Respectfully,
Ardurra Group, Inc.
Anissa Voyiatzes, PE, QSD, ENV SP Jose Hernandez, PE, QSD/P Engineering and Municipal Services Group Leader Senior Project Manager
Lincoln Avenue Widening – Amendment Request
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Breakdown of Project Tasks:
Task 1: Project Management, Coordination, and Meetings – Ardurra will coordinate and participate in three (3) project meetings with the design team, three (3) meetings with the City of Anaheim, coordinate with the utility providers, and will provide project coordination as needed to update the utility providers. This task will also include Qa/Qc throughout the duration of these additional services.
Task 2: Revise Project Documents – Ardurra will update the project plans, specifications, and estimate (PS&E) based on the new backgrounds, the comments from the City, and pertinent updated codes that may not have been in effect during the original project timeline. The project documents to be updated include the roadway plans, the utility plans, the traffic and striping plans, the structural plans, and the landscape plans. Ardurra understands that the architectural plans will be updated as well; however, this will include removal of scope and removing unused architectural plans from the project set based on City coordination with the property owners. It is assumed no further work will be required for the architectural set.
It should be noted that the original traffic plans (traffic signal, fiber communication, signing and striping, traffic control plans) were done by MottMacDonald, but unfortunately this subconsultant is no longer available to finish this work. As such, Ardurra will continue this work. This will require validating the current design, verifying that the plans call out valid current codes, and updating the plans from their status to 100% (PS&E) documents.
This task item will also include addressing comments for the 90% and 100% project documents and finalizing the project package and preparing it for bid.
Schedule:
Ardurra understands that the City desires to initiate construction for this project by the 2 st quarter of 2023 and Ardurra is
prepared to accommodate this schedule.
Assumptions/Exclusions:
•
It is assumed that construction support for the Civil related elements will be covered under the remaining budget from the original contract.
• Ardurra will take over the traffic elements of the project. • The existing agreement remains unchanged except as specifically modified in this amendment. • Scope includes design for one intersection traffic signal modifications, one intersection proposed traffic signals, fiber optic communications plan, signing and striping, and traffic control plan within the project limits. • Scope includes addressing comments on 90% plans and completing 100% design. • Scope includes addressing one round of City comments on 100% plans. • Latest survey with utility updates to be provided by others. • Assuming 2.5 months schedule for this task.
• Scope does NOT include design for a temporary signal. • Scope does NOT include bidding or construction phase services for Traffic or Landscape elements; however, optional budget items have been included in the budget for the City’s consideration. • Scope does NOT include warrant analysis or traffic study. • Optional budget for bidding and construction support for traffic and landscape limited to available budget.
Lincoln Avenue Widening – Amendment Request
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Below is a summary of the requested fee, followed by a detailed breakdown of the change order fee:
• Ardurra:
o (PM/Civil/Meetings/Coordination): $ 28,974
o (Traffic/Striping/TCP/Signal Plans): $ 25,752
• Dietz Structural & Civil Engineering (Structural): $ 1,518 • Nuvis (Landscape Architecture): $ 19,558
Total Basic Scope: $75,802
Optional Construction Support Services:
• Nuvis (Landscape Architecture): $10,472
• Traffic/Striping/TCP/Signal Construction Support $6,000 Total W/Options: $92,274
Fee Breakdown:
PIC Project
Manager
Senior Project
Engineer
Project
Engineer Engineer I CAD Labor
Hrs
Hourly Rates 230 $ 209 $ 172 $ 150 $ 135 $ 123 $ Task 1 Project Management, Coordination, Meetings
1.1 Project Management/Qa/Qc 2 8 10 2,132 $ 2,132 $
1.2 Coordination and Meetings 10 10 20 3,810 $ 3,810 $ 2 18 10 0 0 0 30 5,942 $
Task 2 Revised Project Documents
2.1 Update Project Civil Documents (Plans & Specs) 2 2 16 2 0 40 60 140 19,410 $ 19,410 $
2.2 Update Project Traffic, Striping, TCP, Signal Plans -$ -$
2.21 Task management, Meetings 4 4 8 1,756 $ 1,756 $
2.22 Review and validate 90% design, site visit, CAD set-up 4 4 10 18 3,024 $ 3,024 $
2.23 Address comments on 90% plans 1 2 2 2 7 1,025 $ 1,025 $
2.24 Verify utility conflicts per latest survey ( 2 locations, gas line ) 1 4 1 2 8 1,153 $ 1,153 $
2.25 Prepare 100% plans 1 4 4 4 20 24 57 8,006 $ 8,006 $
2.26 Prepare 100% quantities, standards, and specifications 2 2 2 2 8 1,160 $ 1,160 $
2.27 Task QA/QC 2 4 4 5 6 21 3,544 $ 3,544 $
2.28 Address comments on 100% plans, comments
resolution 2 2 4 4 4 16 2,394 $ 2,394 $
2.29 Prepare final PS&E package 2 2 4 4 4 8 24 3,690 $ 3,690 $
2.3 Update Project Landscape Plans 2 2 418 $ $19,558 19,976 $
2.4 Update Project Structural 2 2 418 $ $1,518 1,936 $
2.5 Update Project Estimate 2 4 4 8 18 2,786 $ 2,786 $ 11 29 41 59 87 102 329 48,784 $
Total Hours 13 47 51 59 87 102 359
2,990 $ 9,823 $ 8,772 $ 8,850 $ 11,745 $ 12,546 $ 54,726 $ $1,518 $19,558 75,802 $ Optional Items:
1 Landscape Construction Support 10,472 $
2 Traffic Construction Support 6,000 $
92,274 $
SCOPE, ASSUMPTIONS, AND EXCLUSIONS:
Total with Optional CSS
Labor Hours
Lincoln Ave - Amendment
Ardurra
Subtotal
Project Management, Coordination, Meetings
TOTAL
Structural Landscape
Arch
Revised Project Documents
Total Basic Project Cost:
Subconsultant
7. Basic scope does NOT include construction phase services.
8. Scope does NOT include warrant analysis or traff ic study.
1. Scope includes design for one intersection traffic signal modifications, one intersection proposed traffic signals,
2. Scope includes addressing comments on 90% plans and completing 100% design. Scope includes addressi ng one round of City comments on 100% plans.
3. Latest survey with utility updates to be provide d by others.
4. Assuming 2.5 months schedule for this task.
5. Scope does NOT include design for a temporary si gnal.
6. Basic scope does NOT include bidding phase servi ces.