AMENDMENT NO. 18 TO AGREEMENT 14-288
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AGREEMENT NO. _______________
AMENDMENT NO. 18 TO
AGREEMENT NO. 14-288
THIS AMENDMENT NO. 18 TO AGREEMENT NO. 14-288 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and PARSONS TRANSPORTATION GROUP Inc., an Illinois Corporation authorized to do business in California (“CONSULTANT” herein).
R E C I T A L S
WHEREAS, CITY and CONSULTANT entered into Agreement No. 14-288 (“Agreement” herein) on November 19, 2014 in an amount not to exceed $17,733,606 for Preliminary Engineering Services and completion of the Environmental Document for the Centennial Corridor Project (“CENTENNIAL” herein); and
WHEREAS, on June 29, 2016, CITY and CONSULTANT entered into Amendment No. 1 to this Agreement for additional Design Services and Completion of Plans, Specifications, an d Cost Estimate for CENTENNIAL, for an additional amount not to exceed $11,320,054; and
WHEREAS, on March 29, 2017, CITY and CONSULTANT entered into Amendment No. 2 to this Agreement for additional Design Support Services during construction activities for the construction of the Kern River Bridge Improvements Project (CENTENNIAL Phase 1), for an additional amount not to exceed $449,822; and
WHEREAS, on December 13, 2017, CITY and CONSULTANT entered into Amendment No. 3 to this Agreement for a dditional design services, studies and support to segment portions of CENTE NNIAL to apply for potential state and federal grants, for an additional amount not to exceed $3,409,875; and
WHEREAS, on July 18, 2018, CITY an d CONSULTANT entered into Amendment No. 4 to this Agreement for additional design services to consolidate the Centennial Corridor Mainline and Interchange Connector projects into a single construction package, for an additional amount not to exceed $1,685,011; and
AMENDMENT NO. 18 TO AGREEMENT 14-288
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WHEREAS, on August 15, 2018, CITY and CONSULTANT entered into Amendment No. 5 to this Agreement for additional Design Support Services during construction activities for the construc tion of the Belle Terrace Operational Improvements Project (CENTENNIAL Phase 2) , for an additional amount not to exceed $480,630; and
WHEREAS, on November 7, 2018, CITY and CONSULTANT entered into Amendment No. 6 to this Agreement for additional Design Support Services during construction activities for the Bakersfield Freeway Connector Project (CENTENNIAL Phase 3) (“BFC” herein), for an additional amount not to exceed $418,000; and
WHEREAS, on November 20, 2018, CITY and CONSULTANT entered into Amendment No. 7 to this Agreement for additional Design Support Services during construction activities for the Stockdale Hwy & Enos Lane Roundabout (a part of CENTENNIAL), for an additional amount not to exceed $68,804.91; and
WHEREAS, on May 8, 2019, CITY and CONSULTANT entered into Amendment No. 8 to this Agreement for additional Design Support Services during construction activities for the Centennial Corridor Mainline Project (CENTENNIAL Phase 4) (“MAINLINE” herein), for an additional amount not to exceed $2,526,421.54; and
WHEREAS, on May 5, 2021, CITY and CONSULTANT entered into Amendment No. 9 to this Agreement for additional Design Support Services during construction activities of MAINLINE and BFC, for an additional amount not to exceed $681,111.76; and
WHEREAS, on August 18, 2021, CITY and CONSULTANT entered into Amendment No. 10 to this Agreement fo r additional Design Services and completion of Plans, Specifications, and Cost Estimate for the Westside Parkway Landscaping Project (Phase 1), for an additional amount not to exceed $279,289.10; and
WHEREAS, on April 6, 2022, CITY and CONSULTANT entered into Amendment No. 11 to this Agreement for additional Design Services and completion of 30 percent Plans and Cost Estimate for the SR 58/SR 99 Inte rchange Landscape Project (INTERCHANGE LANDSCAPE PROJECT), for an additional amount not to exceed $141,893.27; and
WHEREAS, on June 15, 2022, CITY and CONSULTANT entered into Amendment No. 12 to this Agreement fo r additional Design Services and completion of 60 percent Plans, Specif ications, and Estimate (PS&E) of the AMENDMENT NO. 18 TO AGREEMENT 14-288
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NORTHBOUND CONNECTOR PROJECT, for an additional amount not to exceed $1,500,000; and
WHEREAS, on February 22, 2023, CITY an d CONSULTANT entered into Amendment No. 13 to this Agreement fo r additional Design Services and completion of 100 percent PS&E of the NORTHBOUND CONNECTOR PROJECT, for an additional amount not to exceed $650,000; and
WHEREAS, on March 8, 2023, CITY and CONSULTANT entered into Amendment No. 14 to this Agreement fo r additional Design Services and completion of 100 percent PS&E of the INTERCHANGE LANDSCAPE PROJECT, for an additional amount not to exceed $395,856; and
WHEREAS, on May 22, 2024, CITY and CONSULTANT entered into Amendment No. 15 to this Agreement for additional Design Support Services during construction activities of MAINLINE and BFC for an additional amount not to exceed $492,347.82; and
WHEREAS, on September 11, 2024, CITY and CONSULTANT entered into Amendment No. 16 to this Agreement for additional Design Support Services during construction activities for the NORTHBOUND CONNECTOR PROJECT, for an additional amount not to exceed $556,403.60; and
WHEREAS, on November 20, 2024, CITY and CONSULTANT entered into Amendment No. 17 to this Agreement fo r additional Design Services and completion of 100 percent PS&E of the INTERCHANGE LANDSCAPE PROJECT, for an additional amount not to exceed $39,967.27; and
WHEREAS, the NORTHBOUND CONNECTOR PROJECT is ongoing; and
WHEREAS, the resources needed to satisfy the scope of the NORTHBOUND CONNECTOR PROJECT have increased; and
WHEREAS, CONSULTANT has submitted a Supplemental Scope of Work and supplemental Cost Proposal which are attached as Exhibit B-18 and Exhibit C-18 respectively and incorporated herein by reference; and
WHEREAS, the CITY and CONSULTANT therefore desire to enter into this Amendment No. 18 to Agreement 14-288 to increase the total compensation by $270,165.65 for a total compensation not to exceed $43,099,258.92.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONSULTANT mutually agree as follows:
AMENDMENT NO. 18 TO AGREEMENT 14-288
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1. Section 1 of Agreement No. 14-288 entitled “SCOPE OF WORK” is hereby amended to read as follows:
1. SCOPE OF WORK . CONSULTANT must competently and
thoroughly provide Engineering and Environmental Support Services more specifically described in the Request for Proposal (Exhibit A) and incorporated herein by this reference, and in CONSULTANT’s scope of work, described in Exhibit B, Exhibit B-1, Exhibit B-2, Exhibit B-3, Exhibit B-4, Exhibit B-5, Exhibit B-6, Exhibit B-7, Exhibit B-8, Exhi bit B-9, Exhibit B-10, Exhibit B-11, Exhibit B-12, Exhibit B-13, Exhibit B-14, Exhibit B-15, Exhibit B-16, and Exhibit B-18 all of which are attached and incorporated herein by this reference (collectively, the project description in Exhibit A and CONSULTANT’s scope of work described in the aforementioned exhibits are collectively referred to as “Scope of Work”). CONSULTANT’s cost proposal is described in Exhibit C, Exhibit C-1, Exhibit C-2, Exhibit C-3, Exhibit C-4, Exhibit C-5, Exhibit C-6, Exhibit C-7, Exhibit C-8, Exhibit C-9, Exhibit C-10, Exhibit C-11, Exhibit C-12, Exhibit C-13, Exhibit C-14, Exhibit C-15, Exhibit C-16, Exhibit C-17, and Exhibit C-18 all of which are attached and incorporated herein by this reference.
CONSULTANT’s services shall include all the procedures
necessary to properly complete the Scope of Work, whether specifically included in the Scope of Work or not.
2. Section 2 of Agreement No. 14-288 entitled “COMPENSATION” is hereby amended to read as follows:
2. COMPENSATION. In exchange for performing the Scope of Work, the method of payment for this contract will be based on actual cost plus a fixed fee. CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work.
CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by contract
amendment. In no event will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY’s approved
AMENDMENT NO. 18 TO AGREEMENT 14-288
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overhead rate set forth in the Co st Proposal. In the event that CITY determines that a change to the work from that specified in the Cost Proposal and contract is required, the contract time or actual costs reimbursable by CITY shall be adjusted by contract amendment to accommodate the changed work.
The maximum total cost as specified below shall not be
exceeded, unless authorized by contract amendment.
2.1. Actual Costs. CITY will reimburse CONSULTANT’s actual costs in an amount not to exceed $39,955,490.97
exclusive of any fixed fee. Actual costs shall not exceed the estimated wage rates, employee benefits, travel,
equipment rental, overhead, and other estimated costs
set forth in the approved CONSULTANT’s Cost Proposal,
unless additional reimbursement is provided for by
contract amendment.
2.2. Fixed Fee. CITY will pay DESIGN CONSULTANT a fixed fee of $3,143,767.95 on a monthly basis based upon the
percentage of the Scope of Work completed. The fixed
fee is nonadjustable for the term of the contract, except in the event of a significant change in the scope of work and such adjustment is made by contract amendment.
The Compensation, including the fixed fee, will not exceed the sum of $43,099,258.92 and will be the total compensation paid under this Agreement including, but not limited to, all out-of- pocket costs and taxes. CITY will pay only the Compensation unless otherwise agreed to in writing by the parties.
Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
CONSULTANT agrees and understands that CITY is relying on reimbursement of a majority of the Compensation from various programs within the SAFETEA-LU Federal Transportation Bill. If at any time during the duration of this Agreement, such
reimbursement ceases to be available due to no fault of CITY, CITY reserves the right to terminate this Agreement.
3. Section 5 of Agreement No. 14-288 entitled "TIME FOR COMPLETION" is hereby amended to read as follows:
5. TIME FOR COMPLETION. CONSULTANT must complete the
Scope of Work by December 31, 2027.
AMENDMENT NO. 18 TO AGREEMENT 14-288
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4. The first paragraph of Section 6 of Agreement No. 14-288 entitled “TERM AN
D TERMINATION” is hereby amended to read as follows:
6. TERM AND TERMINATION. This Agreement will terminate upon completion of the Scope of Work or on June 30, 2028,
whichever is earlier. Should any claims against CITY or CONSULTANT arising out of the Scope of Work be asserted during the term of this Agreement, CITY and CONSULTANT may agree to extend the termination date of this Agreement.
5. Except as amended herein, all provisions of Agreement No. 14-288, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 18 to Agre
ement No 14-288 to be executed the day and year first above written. “CITY”
“CONSULTANT”
CITY OF BAKERSFIELD PARSONS TRANSPORTATION GROUP INC.
By:__________________________ By:_____________________________ KAREN GOH Nicole Depuy
Mayor Vice President
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
B
y :
ZACHARY MEYER
Public Works Director
[Signatu
res on Following Page]
AMENDMENT NO. 18 TO AGREEMENT 14-288
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APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
B y :
ASHLEY ZAMBRANO
Deputy City Attorney II
Insurance:
COUNTERSIGNED:
B y :
RANDY MCKEEGAN
Finance Director
Attachments: Exhibit B-18 - Supplemental Scope of Work
Exhibit C-18 - Supplemental Cost Proposal
EXHIBIT B-18
EXHIBIT B -18
Statement of Services
Design Support/Construction Support for 58 Eastbound to 99 Northbound Loop Connector
Amendment proposal and cost estimate for the Design Support/Construction Services and Professional Services associated with 58 Eastbound to 99 Northbound Loop Connector Project.
Project Description
The Project continues to construct a new loop connector for EB SR58 to NB SR99, providing the seventh movement for the SR58/SR99 Interchange.
• Widen the existing 58/99 Grade Separation structur e • Construct a new bridge over Wible Road
• New loop connector will tie into a re-aligned NB S R99 Ming Ave Bypass on-ramp.
1.0 Project Management/Program Manager
Consultant will be the primary contact for City of Bakersfield. This task will also include communication/coordination efforts by the Project Manager and staff as part of the overall management of the project.
Deliverables: Project Manger will be required for the overall management and oversight of consultant services associated with this project.
1.1 Roadway Design Support During Construction
Consultant will answer contractor roadway related Request for Interpretations (RFIs) during construction and prepare any necessary Contract Change Orders (CCOs) should they be deemed necessary. This task includes being on-site when requested to coordinate with Contractor and Resident Engineer.
Deliverables: Roadway Design Support
1.2 Route Adoption/Environmental Compliance Documents
Consultant will work with agency and City of Bakersfield to ensure proper steps are taken during the Route Adoption process for project.
Route adoptions for the California Transportation Commission (CTC) involve approving new or modified state highway routes. When Caltrans files a Notice of Determination (NOD) for a project that includes a route adoption, it must go to CTC for approval as a responsible
EXHIBIT B-18
2 agency. CTC will review and approve the route adoption as part of its programming and funding process.
Deliverables:
Environmental Review: Caltrans prepares environmental documents, such as a Negative Declaration (ND) or Environmental Impact Report (EIR), which are submitted to the CTC for review. CTC Approval*: The CTC votes to approve the route adoption, funding, or other actions related to the project.
Project Funding: CTC allocates funds for the project, which may come from various sources, including state or federal funds.
• Required Documents for Route Adoption:
• Transmittal Memo*: Includes project details, funding information, and environmental status.
• Environmental Documents*: ND, MND, EIR, or other documents prepared for the project.
• Location Style Maps*: Maps showing project location, which must be ADA compliant.
• *Findings and Statements*: Applicable findings and statements of overriding considerations for EIR projects
1.3 As- Built - Maintain Complete Project Files
Consultant will follow a uniform filing system, in accordance with Caltrans requirements, and will maintain complete project files on an on-going basis. Consultant will maintain all required records/documents for at least three years after City of Bakersfield makes final payment and all pending matters are closed. City of Bakersfield or any of its duly authorized representatives, will have access to any documents, books, papers, and records of Consultant (which are directly pertinent to this project) for the purpose of making an audit, examination, excerpts, and transcriptions.
Deliverables: Complete Project Files
Construction Design Oversight Support During Construction Consultant will support the construction manager through all phases of construction, including preconstruction meetings, shop drawing reviews, contract compliance, contract change order process, dispute resolution board (DRB) meetings and partnering, and as-built plans preparation.
Deliverables: Construction Design Oversight Support
EXHIBIT B-18
3 As-Built Drawings
Consultant will incorporate As-Built redline comments prepared by the contractor and Resident Engineer on the signed Design Plans. The As-Built drawings will be updated MicroStation design files. The City will be the owner of all original drawings, documents, and digital information. All drawings will be provided to the City, using the latest MicroStation formats, and will be submitted to the City on DVD disks within 30 calendar days from the time receiving request from the City.
Resident Engineer Files
Consultant will prepare project Resident Engineer (RE) files per Caltrans standards.
Deliverables: RE Files
Total Value of this Proposal $270,165.65
Please see the attached exhibit for a breakdown of the proposal
EXHIBIT C-18
Sensitive #
Exhibit C -18
Staff - Project Role TOTAL DIRECT
PROGRAM DIRECTOR Senior STRUCTURES SENIOR ENGINEER ENGINEER II ENGINEER I ENVIRONMENTAL Analyst / CAD PROJECT CONTROLS LABOR LABOR $140.50 $105.00 $64.70 $51.75 $40.54 $66.06 $40.54 $59.99 HOURS COSTS
1.0 Project Management 20.00 30.00 0.00 0.00 0.00 0.00 0.00 96.00 146.00 $11,719.04
1.1 Roadway DSDC RFI, CCOs, and Construction Support 30.00 120.00 100.00 0.00 200.00 0.00 200.00 0.00 650.00 $39,501.00
1.2 Environmental / Route Adoption Support 200.00 0.00 0.00 0.00 0.00 250.00 0.00 0.00 450.00 $44,615.00
1.3 As-Built - Complete Project Files 0.00 40.00 0.00 40.00 3.00 0.00 0.00 0.00 83.00 $6,391.62
TOTAL LABOR HOURS AND DIRECT LABOR COSTS
TOTAL LABOR HOURS 250.00 190.00 100.00 40.00 203.00 250.00 200.00 96.00 1329.00 TOTAL DIRECT LABOR COSTS $35,125.00 $19,950.00 $6,470.00 $2,070.00 $8,229.62 $16,515.00 $8,108.00 $5,759.04 $102,226.66 Overhead 115.80% $118,378.47
Profit 10% $22,060.51
$242,665.65
Notes:
OTHER DIRECT COSTS UNIT TOTAL ODC's
Mileage LS $7,500.00
Auto Rental LS $0.00
Printing LS $0.00
Lodging LS $0.00
Per Diem LS $0.00
Postage/Delivery LS $0.00
$7,500.00
SUBCONSULTANT COSTS TOTAL SUB COSTS
$20,000.00
$0.00
$0.00
$0.00
$0.00
$20,000.00
$270,165.65
Subconsultants
TOTAL SUBCONSULTANT COSTS
Task 1 - TOTAL ESTIMATED COST
FEE PROPOSAL - DSDC BUDGET -LOOP CONNECTOR
LABOR HOURS AND COSTS
TASK NO. 1 Design Support/Construction Support for 58 Eastbound to 99 Northbound Loop Connector
TOTAL LABOR COSTS
Other Direct Costs
TOTAL OTHER DIRECT COSTS
TSG MOT/Bridge Traffic Support DSDC