1 SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF RIALTO
AND
ADVANCED CIVIL TECHNOLOGIES
1. PARTIES AND DATE.
This Second Amendment to the Professional Services Agreement ( “Second Amendment”) is made and entered into this April 12, 2022, by and between the City of Rialto (“City”) and Advanced Civil Technologies, (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Second Amendment.
2. RECITALS.
2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated September 22, 2020, (“Agreement”), whereby Consultant agreed to provide professional services to the City related to design of the 2020/2021 Street Overlay & Reconstruction Project, City Project Nos. 180807 and 210804.
2.2 Amendment. City and Consultant desire to amend the Agreement by this Second Amendment to include additional tasks for the project 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. TERMS.
3.1 Description. The following paragraph is hereby added to Section 1 of the Agreement:
“The additional services to be provided pursuant to this Second Amendment to the Agreement are more particularly described in “Exhibit A”, attached hereto and incorporated herein by this reference.”
3.2 Scope of Work. The following paragraph is hereby added to Section 2 of the Agreement:
“Consultant’s scope of work for the additional services included in this Second Amendment to the Agreement is
described on “Exhibit A”, attached heret o and incorp orated herein by this reference.”
2 3.3 Payment Terms. The following paragraph is hereby added to Section 3 of the Agreement:
“Consultant shall be compensated for the additional services included in the Second Amendment to the Agreement as set for in “Exhibit A”, attached hereto and incorporated herein by this reference, which shall not exceed $201,417.74 (Two Hundred One Thousand Four Hundred Seventeen Dollars
and Seventy-Four Cents). The total compensation to the
amended Agreement shall not exceed $2,068,183.84 (Two
Million Sixty Eight Thousand One Hundred Eighty Three
Dollars and Eighty-Four Cents).”
3.4 Time for Performance. The following paragraph is hereby added to Section 4 of the Agreement:
“The additional services included in the Second Amendment to the Agreement as set for in “Exhibit A”, attached hereto and incorporated herein by this reference, shall begin immediately upon the City Council’s approval of the Second Amendment and shall be completed within one hundred fifty (150) days of its approval.”
3.5 Continuing Effect of Agreement. Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.
3.6 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 Second Amendment.
3.7 Counterparts. This Second 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.
3.8 Conflict of Interest . Pursuant to Rialto Municipal Code section 2.48.145, 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 3.9 Corporate Authority. The persons executing this Second Amendment on behalf of the parties hereto warr ant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Second Amendment on behalf of said party, (iii) by so executing this Second Amendment, such party is formally bound to the provisions of this Second Amendment and (iv) the entering into this Second Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
4 IN WITNESS THEREOF, the parties have caused their authorized representative to execute this agreement the day and year first above written.
CITY OF RIALTO ADVANCED CIVIL TECHNOLOGIES
By: By:
Marcus Fuller Name & Title
City Manager
Attest:
By:
Name & Title
By:
Barbara McGee
City Clerk
Approved as to Form:
Burke, Williams & Sorensen, LLP
By:
Eric S. Vail **Two signatures are required if a
City Attorney corporation**
City Project Number 210804
ADDITIONAL SCOPE OF WORK
Amendment (2)
March 24, 2022
Street Overlay and Reconstruction
Project B - Revised List of Street Improvements
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 210804) to perform additional design and project 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. This revision to our proposal incorporates the latest approved revised list of street improvements provided by the City of Rialto on January 13, 2022.
P
ROJECT DESCRIPTION
The City of Rialto is planning street overlay and reconstruction for the revised street list consisting of approximately 15 miles of various arterial, secondary arterials, and collector streets in the City of Rialto, California. The revised street list provided by the City of Rialto includes a list of the proposed street segments along with estimated lengths, widths, areas, and a Pavement Condition Index (PCI).
Several street segments on the revised street list were not part of ACT's original scope of work for City of Rialto's 2020/2021 - Street Overlay and Reconstruction Project (City Project Number 210804).
EXHIBIT A
Street Overlay & Reconstruction, City of Rialto City Project Number 210804 ADDITIONAL SCOPE OF WORK – Amendment (2)
St
reets segments covered in ACT's original scope of work are listed in Table 1 below:
T
able 1 - Street Segments in Original Scope of Work
Name From To Length Width Area PCI Type
Cedar Ave Etiwanda Ave Foothill Blvd. 2,600 68 176,800 55 Major Arterials
Maple Ave Baseline Rd Etiwanda Ave 2,600 19 49,400 40
Secondary
Arterials
Linden Ave Riverside Ave 237' s/o Candlewood
Ave 2,685 42 112,770 53
Linden Ave (E 1/2) 150’ N/Norwood Casmalia St 1,000 3,000 30,000 56 Locust Ave Stonehurst Dr Vineyard Ave 1,334 30 40,020 18 Locust Ave Buena vista Dr Casa Grande Dr 1,242 26 32,292 26 Locust Ave Vineyard Ave Casmalia St 1,314 60 78,840 40
Locust Ave Riverside Ave Buena Vista Dr 388 60 23,280 42 Locust Ave Casmalia St Bridge 295 58 17,110 61
Etiwanda Ave Maple Ave Linden Ave 1,284 36 46,224 57
Collector
Etiwanda Ave Cactus Ave Lilac Ave 1,270 36 45,720 61
Etiwanda Ave Linden Ave Cedar Ave 1,266 36 45,576 62
Lilac Ave Chaparral St Heather St 1,210 38 46,730 31
Lilac Ave Heather St Walnut Ave 265 40 10,600 48
Lilac Ave Tahoe St Chaparral St 880 40 33,945 53
Etiwanda Ave Lilac Ave Willow Ave 1,270 36 45,720 42
Etiwanda Ave Sycamore Ave Acacia Ave 1,304 36 46,944 59 Sycamore Ave Rosewood St Foothill Blvd 1,146 36 41,256 39 Sycamore Ave Etiwanda Ave Rosewood St 1,466 36 52,776 42 Bohnert Ave Ayala Dr Spruce Ave 1,257 38 49,526 28
Bohnert Ave Spruce Ave Cactus Ave 1,302 38 49,476 35
Bohnert Ave Cedar Ave Ayala Dr 1,284 38 48,792 60
Summit Ave Maple Ave Linden Ave 1,291 26 33,566 40
Summit Ave Linden Ave Apple Ave 1,757 36 63,252 56
Street Overlay & Reconstruction, City of Rialto City Project Number 210804 ADDITIONAL SCOPE OF WORK – Amendment (2)
A
dditional streets segments included in the approved revised street list which were not covered in our original scope of work are included in Table 2:
Table 2 - Additional Street Segments
Name From To Length Width Area PCI Type
Cedar Ave Merrill Ave Randall Ave 2,600 68 176,800 48
Major
Arterials
Cedar Ave Foothill Blvd Rialto Ave 2,600 68 176,800 52
Rialto Ave Maple Ave Linden Ave 1,349 68 91,732 59
Cactus Ave Walnut Ave 679'' n/o Walnut Ave 679 68 46,172 54 Merrill Ave Sycamore Ave Eucalyptus Ave 2,592 60 155,520 45 Secondary
Arterials
Merrill Ave Riverside Ave Sycamore Ave 1,270 60 76,200 59 Casa Grande Dr Alder Ave Locust Ave 2,638 60 158,280 55 Linden Ave 237' s/o
Candlewood Ave
Persimmon Ave
Locust Ave Casa Grande Dr Tudor St 1,151 30 34,530 61
Locust Ave Tudor St Lowell St 901 60 54,060 61
Maple Ave West coast Blvd. Summit Ave 2,035 36 73,260 60 Santa ana Ave Lilac Ave Willow Ave 1,315 44 57,860 8
Santa ana Ave Willow Ave Riverside Ave 1,270 22 42,700 14 Lilac Ave Valley Blvd. South end 562 38 21,356 32
Collector
Lilac Ave Foothill Blvd. Rialto Ave 2,549 38 96,862 62
Acacia Ave Merrill Ave Rialto Ave 2,580 36 92,880 55
Eucalyptus Ave Rialto Ave Merrill Ave 2,575 36 92,700 22 Eucalyptus Ave Merrill Ave City limit 632 42 26,544 50
Randall Ave Riverside Ave Sycamore Ave 1,270 60 76,200 62 Sycamore Ave Wilson St Merrill Ave 1,080 36 38,880 63
Easton St Brampton Ave 125' e/ Brampton Ave 340 40 13,600 45 Easton St Pvmt change
160' w/
Arrowhead Ave
Brampton Ave
660 40 26,400 47
Etiwanda Ave Acacia Ave Eucalyptus Ave 1,300 36 46,800 62 Eucalyptus Ave Etiwanda Ave Foothill Blvd. 2,590 36 93,240 45 Eucalyptus Ave Walnut Ave Baseline Rd 2,617 36 94,212 49 Meridian Ave Baseline Rd South city limit 1,955 42 82,110 36 Lilac Ave Santa ana Ave Maywood St 2,225 38 84,550 45
Lilac Ave Slover Ave Santa Ana Ave 2,584 38 98,192 46
Santa Ana Ave Riverside Ave East end 2,615 60 156,900 17 Street Overlay & Reconstruction, City of Rialto City Project Number 210804 ADDITIONAL SCOPE OF WORK – Amendment (2)
SCOPE OF WORK
The scope of work of this amendment is consistent with the executed contract original scope of work , except for the changes described below, and the updated local streets list shown in Table 2. • Field reviews using a two -man engineering team to evaluate and measure the design requirements of approximately 350 curb ramps. The filed review s will take place over a n a
pproximate two-week period and will include observations and measurements at each location.
Field measurements are not to be construed as survey level measurements , but rather information gathering to assist in the development of an ADA compliant curb ramp design template.
• ACT will prepare typical curb ramp design templates to reconstruct the impacted existing curb ramps.
• AC
T will also provide construction details level design for a limited number of curb ramps, not to exceed 24 ramps, if necessary, during construction.
• A
CT will add callouts for sidewalk panel replacement for uplifts and curb and gutter replacement for drainage on layout plans.
• No right of way (ROW) research will be done. County assessor maps will be used for showing right of way lines on the project plans.
• Leighton’s additional geotechnical borings , laboratory testing, and pavement analyses to better understand the existing pavement sections , was done using the available budget from task 6.0 “unforeseen conditions”. Total estimated cost for that work was $49,652 and will be invoiced in March period of performance.
A
SSUMPTIONS
• For curb ramps that require detailed design, C ontractor to provide 3D survey data (3D surface) and existing line work in DWG electronic format.
• Right-of-Way from GIS parcel map is used for this project. For locations with existing curb/sidewalk footprint outside of ROW, the back of existing sidewalk/curb ramp is considered as existing ROW for curb ramp reconstruction.
• T
he city will be advised if right of way is needed for curb ramp reconstruction and will have the choice to pursue ROW acquisition, or if ROW can’t be acquired, curb ramp reconstruction can be deferred to a later date.
Street Overlay & Reconstruction, City of Rialto City Project Number 210804 ADDITIONAL SCOPE OF WORK – Amendment (2)
FEE AND TERMS
ACT will conduct additional work to perform civil engineering design and pro ject management services necessary to identify appropriate pa vement rehabilitation measures, and preparation of Plans, Specifications, and Estimates (PS&E) for additional streets segments in the approved street list. Proposed fees for the additional work will be the lump sum shown in the table below:
Task Description Total Hours Total Fee
1 PROJECT MANAGEMENT 65 $ 16, 470.70
2 PREPARE BASE MAPS & PLAN SHEETS DURING PS&E
DEVELOPMENT 509 $ 80, 841.76
3 DRAFT PS&E PREPARATION 798 $ 64,063.60
5 SERVICES DURING CONSTRUCTION 280 $ 40,041.68
TOTAL 1,169 $ 2 01,417.74
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.
Notice-to-Proceed January 13, 2021
Draft PS&E May 10, 2022
Final PS&E June 7, 2022
3/22/2022
Task Cost Summary
3/22/2022
Task Description Total Hours Total Fee
1 PROJECT MANAGEMENT 45 16,470.70$
2 PREPARE BASE MAPS & PLAN SHEETS DURING PS&E
DEVELOPMENT 509 80,841.76$
3 DRAFT PS&E PREPARATION 482 64,063.60$
4 FINAL PS&E SUBMITTAL 0 -$
5 SERVICES DURING CONSTRUCTION 280 40,041.68$
6 ADDITIONAL DESIGN SERVICES -$
OTHER DIRECT COSTS -$
1,316 201,417.74$ TOTAL
Street Overlay and Reconstruction in the City of Rialto - City of Rialto Residential Community Roads - Amendment 2
Task / Hour / Fee Breakdown
Task Sub-Task Description Hours Fee Hours Fee Hours Fee 1 PROJECT MANAGEMENT 0 45 $16,470.70 0 $0.00 0 $0.00 45 $16,470.70
1.1 Project Management 45 $16,470.70 0 $0.00 0 $0.00 45 $16,470.70 2 PREPARE BASE MAPS & PLAN SHEETS DURING PS&E
DEVELOPMENT 0 509 $80,841.76 0 $0.00 0 $0.00 509 $80,841.76
2.1 Data Collection 445 $71,702.74 0 $0.00 0 $0.00 445 $71,702.74
2.2 Preliminary Design 64 $9,139.02 0 $0.00 0 $0.00 64 $9,139.02 3 DRAFT PS&E PREPARATION 0 482 $64,063.60 0 $0.00 0 $0.00 482 $64,063.60
3.1 Street Improvement Plans 265 $38,101.40 0 $0.00 0 $0.00 265 $38,101.40
3.2 Traffic Handling Plans 20 $1,765.20 0 $0.00 0 $0.00 20 $1,765.20
3.3 Geotechnical and Pavement Design Analysis 0 $0.00 0 $0.00 0 $0.00 0 $0.00
3.4 Signing and Striping Plans 70 $8,471.20 0 $0.00 0 $0.00 70 $8,471.20
3.5 Prepare Special Provisions 26 $4,963.44 0 $0.00 0 $0.00 26 $4,963.44
3.6 Prepare Estimate 21 $3,701.56 0 $0.00 0 $0.00 21 $3,701.56 4 FINAL PS&E SUBMITTAL 0 0 $0.00 0 $0.00 0 $0.00 0 $0.00
4.1 Final PS&E Preparation and Review 0 $0.00 0 $0.00 0 $0.00 0 $0.00 5 SERVICES DURING CONSTRUCTION 0 280 $40,041.68 0 $0.00 0 $0.00 280 $40,041.68
5.1 Construction Support 280 $40,041.68 0 $0.00 0 $0.00 280 $40,041.68 6 ADDITIONAL DESIGN SERVICES 0 0 $0.00 0 $0.00 0 $0.00 0 $0.00
6.1* Additional Design Services - Unforeseen Conditions 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 1,316 $201,417.74 0 $0.00 0 $0.00 1,316 $201,417.74
OTHER DIRECT COSTS Total Cost Total Cost Total Cost Total Cost Mileage $0.00 $0.00 $0.00 $0.00
ODC Subtotal $0.00 $0.00 $0.00 $0.00
0 1,316 $201,417.74 0 $0.00 0 $0.00 $0.00 1,316 $201,417.74 * Task Number 6.1 requires an additional written authorization from the City prior to start of the work by Advanced Civil Technologies. 3/22/2022
Total Cost
Other Direct Costs
Total Hours
Psomas Leighton
Total Cost
Total Professional Services
Advanced Civil Technologies Number
of Sheets
PRIME - Advanced Civil
Technologies
Summary Roll-Up
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