FIRST
AMENDMENT TO THE
SERVICES AGREEMENT
BETWEEN THE CITY OF RIALTO
AND
ADVANCED CIVIL TECHNOLOGIES
1. PARTIES AND DATE.
This
First
Amendment to the Services
Contract
Agreement (
“
First
Amendment
”
)
is
made and entered into this
4 th
day of February, 2022
by and between the City of
Rialto
(
“
City
”
) and
Advanced Civil Technologies
(
“
Con
sultant
”
).
City and
Consultant
are
sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.
2. RECITALS.
2.1 Agreement
.
City and
Consultant
entered into that certain Services
Agreement dated
September 22, 2020
(
“
Agreement
”
), whereby
Consultant
agreed to
provide
civil engineering design and project management services necessary to identify appropriate pavement rehabilitation measures, and pre
paration of Plans, Specifications,
and Estimates (PS&E) for the pavement rehabilitation
for City Project Nos. 180807 and
210804
.
2.2 Amendment
.
City and
Consultant
desire to amend the
Agreement by this
First Amendment to include additional tasks
for the
Street Overlay and Reconstruction
Project Number 180807 (Riverside Avenue from I
-
10 to the City’s South Boundary)
as set
forth in “Exhibit A’, to extend the term of the Agreement, and to increase the total amount of compensation for the Agreement.
3. AMENDMENT
.
3.1 Term
.
Section
3.4 of the Agreement is hereby deleted in its entirety and replaced
with the following
:
"
Term
.
Unless earlier terminated in accordance with this
Agreement, the Agreement shall continue in full force and effect until comple
tion of the services as set forth herein, but
shall not exceed three (3) years from the date hereof, except as otherwise provided
.
3.2 Additional Services
. In addition to the Scope of Services to be performed by Consultant under the Agreement,
Consultant shall perform the additional services as
set forth in Exhibit “A,” attached hereto and incorporated herein by this reference (“Additional Services”).
DocuSign Envelope ID: C2DF8026-ACA7-485C-B054-9A7C1534F4AF 2 3.3 Compensation. In addition to the compensation set forth in the Agreement, Consultant shall be compensated for the Additional Services in an amount no to exceed $42,779.60 (Forty -Two Thousand Seven Hundred Seventy -Nine Dollars and Sixty Cents). The total compensation to the Agreement as amended by the First Amendment shall not exceed $1,866,766.10 (One Million, Eight Hundred Sixty-Six Thousand, Seven Hundred Sixty-Six Dollars and Ten Cents.
4. GENERAL PROVISIONS.
4.1 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.
4.2 Adequate Consideration . The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment.
4.3 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
4.4 Conflict of Interest . Pursuant to Rialto Municipal C ode section 2.48. 450, Consultant represents that it has disclosed whether it or its officers or employees is related to any officer or employee of the City by blood or marriage within the third degree which would subject such officer or employee to the prohibition of California Government Sections 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090. To this end, by approving this Agreement, Consultant attests under penalty of perjury, personally and on behalf of Consultant, as wel l its officers, representatives, that it/they have no relationship, as described above, or financial interests, as such term is defined in California Government Section 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, with any City of Rialto elected or appointed official or employee, except as specifically disclosed to the City in writing.
3.7 Corporate Authority . The persons executing this First Amendment on behalf of the parties hereto warra nt that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this First Amendment on behalf of said party, (iii) by so executing this First Amendment, such party is formally bound to the provisions of this First Amendment and (iv) the entering into this First Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: C2DF8026-ACA7-485C-B054-9A7C1534F4AF
CITY OF RIALTO ADVANCED CIVIL TECHNOLOGIES
By: By:
Marcus Fuller Isaac Alonso Rice
City Manager President
Attest:
By: By:
Barbara McGee Jamal Salman
City Clerk Principal
Approved as to Form:
Burke, Williams & Sorensen, LLP
By:
Eric S. Vail **Two signatures are required if a
City Attorney corporation**
DocuSign Envelope ID: C2DF8026-ACA7-485C-B054-9A7C1534F4AF
DocuSign Envelope ID: C2DF8026-ACA7-485C-B054-9A7C1534F4AF Page
1 of
3 City Project Number
18 080
7 ADDITIONAL
SCOPE OF WORK
PROPOSAL
Amendment (1)
February
4 , 2022
Street Overlay and Reconstruction
Project
A
-
Riverside Ave (South)
-
Work Changes
City of Rialto, CA
The
Advanced Civil Technologies (ACT)
team
is
requesting this amendment to
our original scope of work
for City of Rialto's 2020/2021
-
Street Overlay and Reconstruction Project (City Project Number 18 080
7 )
to perform
additional
design
for work changes
and proj
ect management services necessary to identify
appropriate pavement rehabilitation measures, and preparation of Plans, Specifications, and Estimates (PS&E) for the pavement rehabilitation improvements
for various roadway in the
City of Rialto
, California
.
T
his revision
to our proposal incorporates the latest approved
work changes
submitted to
the City of Rialto
on January
28 , 2022.
PROJECT DESCRIPTION
The City of Rialto is planning
street overlay and reconstruction for
Riverside Ave 500' south of Interstate
10 (I
-
10) to the City's limit. The City requested
ACT to
revise pavement limits,
update the
structural
pavement section
and
include additional improvements to the project
original
scope of work.
The
updated and revised scope of work is shown in the attached Exhibit and include the following:
A.
Pavement Structure Design:
1)
Riverside Avenue
pavement section to be revised using Asphalt Concrete (AC), flexible pavement, for the majority of the street
exc
ept for
approaching lanes at intersections.
2)
Approximately 200' of approaching lanes
along Riverside Avenue
(left/right pockets and thru
-
lanes)
to be
constructed
using Continuous Reinforced Concrete Pavement (CRCP),
high
-
yielding concrete pavement
with 10
hours curing time
.
3)
For
the
intersection at Slover Avenue/Riverside Avenue,
the east and west street sections of
Slover Avenue are
to be re
constructed with
the
same pavement
section as
Riverside Avenue
due to high truck traffic volume.
4)
For
other intersections (Monte Avenue, Santa Ana Avenue, Industrial Drive, Resource Drive and Agua Mansa Road), side street sections are
to be
reconstructed
using flexible AC
pavement
based on
a traffic index (TI) of 8.
EXHIBIT A
DocuSign Envelope ID: C2DF8026-ACA7-485C-B054-9A7C1534F4AF Street Overlay & Reconstruction, City of Rialto
City Project Number
18 080
7 WORK CHANGES
–
Amendment (1)
Page
2 of
3 B.
Additional Improvements
1)
Replace
damaged parkway drainage and C&G approximately 150’ south of Slover Ave in the SB traffic direction
(only for section within the City's jurisdiction).
2)
Replace 20’ of damaged C&G located approximately 150’ south of Industrial Dr in the NB traffic direction.
3)
Replace 20’ of damaged C&G located approximately 1,000’ south of Industrial Dr in the NB traffic direction.
4)
Upgrade traffic loops to Video Detection System at Industrial Dr/Resource Dr/Riverside Ave.
5)
Replace
in
-
kind top
-
cover damaged drainage inlet (no dr
ainage structure will be
reconstructed) located approximately 250’ south of Industrial/Resource Dr in the NB traffic direction.
6)
Replace in
-
kind damaged drainage inlet located approximately 50’ north of Agua Mansa Rd in the SB traffic direction.
C.
Geotechnic
al Pavement Report
The Geotechnical Pavement Report will be updated to reflect the design changes as mentioned above.
SCOPE OF WORK
Same as original scope of work with additional improvement and PS&E revisions as stated in the project description above.
FEE AND TERMS
ACT will conduct
the City's request to update and add the
additional
improvement
to the submittal
package for the project. ACT will perform
civil engineering design and project management services necessary to identify appr
opriate p
a
ve
ment rehabilitation measures, and preparation of Plans, Specifications, and Estimates (PS&E) for
work changes and
additional
improvements listed in the scope of
work above
. Our proposed fees
for additional work
will be a lump sum and are shown
in the
task cost
summary
table
below
:
EXHIBIT A
DocuSign Envelope ID: C2DF8026-ACA7-485C-B054-9A7C1534F4AF Street Overlay & Reconstruction, City of Rialto
City Project Number
18 080
7 WORK CHANGES
–
Amendment (1)
Page
3 of
3 Task
Description
Total Hours
Total Fee
1 PROJECT MANAGEMENT
12 $ 3,489.92
3 DRAFT PS&E PREPARATION
183
$ 31,296.20
4 FINAL PS&E SUBMITTAL
50 $ 7,993.48
TOTAL
245
$ 42,779.60
SCHEDULE AND PAYMENT
:
This cost proposal
has been developed
based on an expedited
delivery
schedule
per the City’s request
,
and therefore
minimal
time
has been allowed
for the City’s review of the plans. Any delays
during the
City’s review of the
plans will delay the schedule shown below.
The contract is assumed to be a lump sum
contract.
However
,
for the
additional
work prop
osed in this
amendment
,
the
t
otal
amount
of this
amen
dment
will be
as a
not
-
to
-
exceeded
budget
.
Payment
terms will be net 30 days after submittal of
invoices to the City.
Noti
ce
-
to
-
Proceed
February 8
,
2021
Draft
PS&E
February 2
4 ,
202
2 Final
PS&E
March
14 ,
2022
EXHIBIT A
DocuSign Envelope ID: C2DF8026-ACA7-485C-B054-9A7C1534F4AF