Cities Index.
Attachment 2 - Amendment No. 1

Lake Elsinore City Council
April 23, 2024

Document
Attachment 2 - Amendment No. 1
Meeting
April 23, 2024
Body
Lake Elsinore City Council
Original file
1.5 MB
Text extracted from the city's file for reading and search. Open the original on lakeelsinore.primegov.com. That file is the official record.

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2 AMENDMENT NO. 1

TO AGREEMENT FOR PROFESSIONAL SERVICES
FCG Consultant, Inc.

I-15/Main Street Interchange Improvements – Construction Management & Inspection This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 9/12/2023, by and between the City of Lake Elsinore, a municipal corporation (“City), and FCG Consultants, Inc., a Corporation (“Consultant”).

RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 10/13/2020, (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 Seven Hundred Forty-Three Thousand Four Hundred Ninety-One dollars and Thirty-Five cents ($743,491.35).

C. The parties now desire to amend the scope of services and increase the payment for such services 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 also perform the services described in Consultant’s 8/14/2023 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 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:

Notwithstanding the foregoing, for purposes of Amendment No. 1 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-1 Amendment No. 1). In no event shall Consultant’s compensation related to Exhibit A-1 to Amendment No. 1 exceed Three Hundred Forty-Nine Thousand Nine Hundred Forty-Four dollars and Forty-Eight cents ($349,944.48) without additional written authorization from the City Council. Total compensation shall not exceed One Million Ninety-Three Thousand Four Hundred Thirty-Five dollars and Eighty-Three cents ($1,093,435.83).

DocuSign Envelope ID: 00ACCFC2-6F56-49E0-8DC7-778CD218BC7F 3 1
8 4
2 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.

3. 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”
FCG Consultants, Inc.

City Manager
Date:

Maha Fakhouri, President & CEO
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
Attachments: Exhibit A-1 – Consultant’s Proposal
DocuSign Envelope ID: 00ACCFC2-6F56-49E0-8DC7-778CD218BC7F 11/13/2023 | 11:17 AM PST
11/13/2023 | 2:28 PM PST
11/13/2023 | 2:30 PM PST
11/13/2023 | 2:35 PM PST
11/13/2023 | 2:52 PM PST

EXHIBIT A-1
CONSULTANT’S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: 00ACCFC2-6F56-49E0-8DC7-778CD218BC7F 22885 Savi Ranch Pkwy, Suite G Yorba Linda, CA 92887 Phone: 714.312.0317 Fax: 714.720.5885 August 14, 2023 Mr. Bradley Brophy, PE Traffic Engineer City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 RE: I -15 / Main Street Project – FCG CM & Inspection Budget This letter is to inform you that due to contractor delay and change orders to complete the work within the original project schedule, the FCG budget for this contract will be depleted prior to completion of work on the project. See attached spread sheet showing anticipated work hours by FCG staff to complete the work based on anticipated schedule of work due to reasons mentioned. The original Project completion date was for May 2023 (300 Working Days). Due to Contractor delay in completing the project on time with original completion date of May 17th, 2023, the Project is now anticipated to be completed in December 2023 (approximately 465 Working Days). The original contract amount is $743,491.35 amounts needed for each project is $349,944.48 for a grand total of $1,093,435.83 See attached table for details on all charges per company so far. Should you have any questions or comments, please do not hesitate to contact AB Fakhouri or myself. Sincerely, Maha Fakhouri President and CEO Cell 714.883.8068 CC: Abdallah Fakhouri, Project Manager / Resident Engineer DocuSign Envelope ID: 00ACCFC2-6F56-49E0-8DC7-778CD218BC7F FCG Consultants Inc. - DBE City of Lake Elsinore
Construction Management & Inspection Services
Revised Cost Proposal - 8/11/23
Classification Hours Hourly Rate Cost
Pre-construction Phase (20 Working Days)
Resident Engineer 80 187.05$ 14,964.38$ Structures Representative - RTEA 40 168.53$ 6,741.00$ Public Outreach Officer - RTEA 40 89.88$ 3,595.20$ Office Engineer - RTEA 20 80.89$ 1,617.84$ Subtotal (FCG Only) 180 14,964.38$
Construction Phase (465 Working Days)
Resident Engineer 930 187.05$ 173,960.89$ Structures Representative - RTEA 800 168.53$ 134,820.00$ Construction Inspector 3600 124.70$ 448,931.34$ Electrical Inspector 480 124.70$ 59,857.51$ Public Outreach Officer - RTEA 80 89.88$ 7,190.40$ Office Engineer - RTEA 400 80.89$ 32,356.80$ Subtotal (FCG Only) 6,290 682,749.75$
Post-Construction Phase (20 Working Days)
Resident Engineer 40 187.05$ 7,482.19$ Structures Representative - RTEA 20 168.53$ 3,370.50$ Construction Inspector 20 124.70$ 2,494.06$ Office Engineer - RTEA 20 80.89$ 1,617.84$ Subtotal (FCG Only) 100 14,964.59$
Misc. Expenses Months Monthly Cost Total
Vehicles 14 -$ -$
Labtops 14 -$ -$
Cell Phones 14 -$ -$
Office Supplies 14 -$ -$ Field Office 14 -$ -$
Subtotal (FCG Only) -$
DBE %
FCG Total 65.18% 712,678.72$
Subconsultants
DBE %
RTEA - DBE Project Support 17.50% 191,309.58$
MB Pro - Material Testing Materials Testing 120,000.00$ ZTC Source Inspection 54,447.53$
HES Envi. Monitoring 15,000.00$
Subtotal 380,757.11$
1,093,435.83$
Original Cost 743,491.35$
Additional Amount Needed 349,944.48$
Limitations & Conditions:

Construction duration is estimated at 465 Working Days with 20 Working Days for preconstruction & 20 Working Days for closeout phase.

Inspectors will be fully equipped with vehicles, computers, and tools and equipment required to perform their tasks.

Overtime and Weekend work is not included. Overtime is to be charged at 1.5 the above rate.

Cost proposal is subject to pervailing wage rates, and prvailing wage rate change for inspectors.

Misceleanous expenses includes stationeries and other items needed for CM team.

All costs are subject to negotiations.

CM & Inspection for Main St. Interchange Improvement Project Total Cost (NOT TO EXCEED)
DocuSign Envelope ID: 00ACCFC2-6F56-49E0-8DC7-778CD218BC7F Month FCG RTEA MB Pro ZTC HES Total
January-22 5,486.80$ 5,486.80$
February-22 6,110.30$ 14,072.26$ 20,182.56$ March-22 17,208.60$ 5,730.02$ 10,533.60$ 33,472.22$ April-22 26,062.30$ 3,707.66$ 3,121.69$ 32,891.65$ May-22 17,458.00$ 3,249.21$ 7,974.23$ 2,580.80$ 31,262.24$ June-22 30,302.10$ 8,486.81$ 1,430.85$ 40,219.76$ July-22 26,436.40$ 8,480.06$ 3,092.13$ 1,144.68$ 39,153.27$ August-22 30,052.70$ 15,956.02$ 7,684.87$ 1,144.68$ 54,838.27$ September-22 29,304.50$ 14,317.97$ 3,410.00$ 10,424.10$ 57,456.57$ October-22 27,059.90$ 10,933.87$ 4,260.00$ 1,446.60$ 858.51$ 44,558.88$ November-22 24,565.90$ 9,552.10$ 8,360.00$ 6,439.17$ 48,917.17$ December-22 29,740.95$ 11,630.00$ 882.40$ 42,253.35$ January-23 28,681.00$ 24,335.16$ 15,503.75$ 1,595.33$ 70,115.24$ February-23 29,242.15$ 15,416.79$ 13,072.50$ 1,253.41$ 58,984.85$ March-23 33,419.60$ 15,258.28$ 5,210.00$ -$ 596.20$ 54,484.08$ April-23 33,232.55$ 4,651.34$ 5,091.00$ -$ 42,974.89$ May-23 34,167.80$ -$ 288.27$ 34,456.07$ June-23 40,028.70$ 26,499.16$ 1,830.00$ -$ 68,357.86$ 468,560.25$ 180,646.71$ 68,367.25$ 54,447.53$ 8,043.99$ 780,065.73$ (36,574.38)$
July-23 40,000.00$ 15,000.00$ 12,925.00$ 1,750.00$ 69,675.00$ August-23 45,000.00$ 15,000.00$ 10,000.00$ 1,750.00$ 71,750.00$ September-23 40,000.00$ 7,500.00$ 10,000.00$ 1,750.00$ 59,250.00$ October-23 36,000.00$ 2,500.00$ 2,500.00$ 1,706.01$ 42,706.01$ November-23 25,000.00$ 2,500.00$ 2,500.00$ 30,000.00$ December-23 35,989.09$ 2,500.00$ 1,500.00$ 39,989.09$ 221,989.09$ 45,000.00$ 39,425.00$ -$ 6,956.01$ 313,370.10$ FCG RTEA MB Pro ZTC HES Total
Original Contract Amount438,462.51$ 149,919.84$ 104,945.00$ 39,714.00$ 10,450.00$ 743,491.35$ Paid to Date 468,560.25$ 180,646.71$ 68,367.25$ 54,447.53$ 8,043.99$ 780,065.73$ Subtotal (36,574.38)$
Ammendment Amount221,989.09$ 45,000.00$ 39,425.00$ -$ 6,956.01$ (349,944.48)$ DocuSign Envelope ID: 00ACCFC2-6F56-49E0-8DC7-778CD218BC7F /

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
8/15/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER
Germa ni Insurance Services
3415 S Sepulveda Blvd
1100
Los Angeles CA 90034
CONTACT Willia m Germani NAME:

PHONE (310) 733-2390 (A/C, No, Ext):

FAX
(A/C, No):

E-MAIL willia m@germa niinsura nce.net ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : VALLEY FORGE INSURANCE COMPANY 20508

INSURED
FCG CONSULTANTS, INC.
22885 SAVI RANCH PKWY, Unit #G

YORBA LINDA CA 92887-4659
INSURER B : OHIO SECURITY INSURANCE COMPANY 24082
INSURER C : CONTINENTAL CASUALTY COMPANY 60606
INSURER D : AMERICAN CASUALTY CO OF READING, PENNSY 20427 INSURER E : UNDERWRITERS AT LLOYDS 32727
INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR ADDL SUBR POLICY EFF POLICY EXP

LTR TYPE OF INSURANCE
✘COMMERCIAL GENERAL LIABILITY

INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

EACH OCCURRENCE $

2,000,000

CLAIMS-MADE

A
✘OCCUR

7012791991

06/22/2023 06/22/2024

DAMAGE TO RENTED
PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
1,000,000
10,000
2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 ✘POLICY
OTHER:

PRO-
JECT LOC PRODUCTS - COMP/OP AGG $
$
4,000,000

AUTOMOBILE LIABILITY
✘ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

✘UMBRELLA LIAB

C EXCESS LIAB

SCHEDULED
AUTOS

NON-OWNED

AUTOS ONLY

✘OCCUR

CLAIMS-MADE

BAS66391043

7012792025

06/22/2023

06/22/2023

06/22/2024

06/22/2024

COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $

PROPERTY DAMAGE
(Per accident)
$

EACH OCCURRENCE $
AGGREGATE $
1,000,000

5,000,000
5,000,000
DED ✘RETENTION $ 10,000 $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
D OFFICER/MEMBER EXCLUDED?

Y / N
Y

N / A

6021566857

06/22/2023

06/22/2024
PER

STATUTE
E.L. EACH ACCIDENT
OTH-
ER
$

1,000,000
(Mandatory in NH)
If yes, describe under E.L. D ISEASE - EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $

EACH CLAIM
1,000,000
1,000,000
E PROFESIONAL LIABILITY FEIAEP11933 06/22/2023 06/22/2024 AGGREGATE 2,000,000 DEDUCTIBLE 10,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CERTIFICATE HOLDER CANCELLATION

ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

The City of Lake Elsinore, its employees, officers and a gents

AUTHORIZED REPRESENTATIVE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
✘
B
$
$
DocuSign Envelope ID: 00ACCFC2-6F56-49E0-8DC7-778CD218BC7F

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date:

Description:

Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
31900 MISSION TRL STE 110 Business Type:

LAKE ELSINORE, CA 92530-4534

FCG CONSTRUCTION
22885 SAVI RANCH PKWY STE G
YORBA LINDA, CA 92887-4624
This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency.

Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124

FCG CONSTRUCTION

MAHA ALFAKHOURI

CONSULTING SERVICES
CONSTRUCTION MANAGEMENT |

CONSTRUCTION INSPECTION
027961
10/4/2023 11/30/2024
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ DocuSign Envelope ID: 00ACCFC2-6F56-49E0-8DC7-778CD218BC7F Certificate Of Completion
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Status: Completed
Subject: Complete with DocuSign: CC approved Attachment 1 - Amendment No 1 FCG.pdf Source Envelope:

Document Pages: 8
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Certificate Pages: 5
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Nicole McCalmont
AutoNav: Enabled
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
130 S. Main Street
Lake Elsinore, CA 92530
[email protected]
IP Address: 47.180.22.242
Record Tracking
Status: Original
11/13/2023 9:28:59 AM
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[email protected]
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Shannon Buckley
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Assistant City Manager
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Barbara Leibold
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City Attorney
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Maha Fakhouri
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ceo
fcg consultants inc
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Jason Simpson
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City Manager
city of Lake Elsinore
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Candice Alvarez
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City Clerk
City of Lake Elsiniore
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