AMENDMENT NO. 1 TO
DESIGN SERVICES AGREEMENT
WITH IMEG
This Amendment No. 1 to the Design Services Agreement is made and entered into as of October 18, 2023 ("Effective Date"), by and between the City of San Bernardino, a charter city and municipal corporation ("City") and IMEG, a California corporation ("Designer"). City and Designer are sometimes referred to herein individually as a "Party" and collectively as "Parties."
RECITALS
A. WHEREAS, the City and the Designer have entered into an agreement, dated, March 30, 2023 , for the professional design of the Cross Street Bridge Rehabilitation Project (the "Original Agreement").
B. WHEREAS, the Parties now desire to amend the Original Agreement in order to revise the scope of work and to provide compensation for additional services.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Original Agreement, as previously amended, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Services. The Services, as that term is defined in the Original Agreement, are hereby amended to include the revised scope of services related to the Cross Street Bridge Rehabilitation Project. The revised scope of services is more fully described in Exhibit "A-1", attached hereto to this Amendment No. 1 and incorporated herein by this reference.
3. Compensation. The total not to exceed compensation amount shall be increased by One Hundred and One Thousand Four Hundred and Forty Dollars and Zero Cents ($101,440 ) increasing the total not to exceed compensation amount from Eighty-Eight Thousand Seven Hundred and Fifty Dollars and Zero Cents ($88,750.00) to One Hundred and Ninety Thousand One Hundred and Ninety Dollars and Zero Cents ($190,190.00).
4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, as previously amended, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes . This Amendment No. 1 may be signed using an electronic signature.
6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE TO
AMENDMENT NO. 1 TO
DESIGN SERVICES AGREEMENT
WITH IMEG
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO DESIGNER
APPROVED BY: IMEG
Charles A. Montoya,
City Manager Signature
APPROVED AS TO FORM: Name
Best Best & Krieger LLP
City Attorney
Title
EXHIBIT A-1
REVISED SCOPE OF SERVICES
PLANNING/DESIGN PHASE SERVICES
Phase 1:
1. Perform a topographic survey of the bridge and the channel.
2. Geotechnical investigation of the site including two borings, one at each abutment. For an additional fee provide:
3. Expedited laboratory testing.
4. L-Pile design/analysis
5. Assessment of the existing bridge: Perform an in-depth inspection of the bridge superstructure to include Ground Penetrating Radar (GPR) testing of the concrete deck, ultrasonic thickness measurements of the steel beams, and measurements of the bridge deck and steel beams adequate to perform load rating of the superstructure.
Phase 2:
1. Perform load rating of the superstructure to determine its load carrying capacity. The superstructure will be rated to meet HL-93 AASHTO loads.
2. Bridge Replacement Plans (City of San Bernardino Public Works) a. Title Sheet
b. Demolition Plan
c. Superstructure Design (Including Girder Layout, Details, and Section) d. General Plan, Elevation, and Section
e. Railing Layout and Details
f. Grading Plan
g. Utility Plan
h. Details Sheet
i. Erosion Control Plan
3. 8” Water Line Replacement Plans (San Bernardino Metropolitan Water District) a. Title Sheet
b. General Notes Sheet
c. Plan and Profile Sheet
4. Prepare (1) Engineer’s Opinion of Probable Construction Costs
5. Prepare applicable technical specifications formatted per Agency requirements.
6. Address Agency plan check review comments (2 rounds budgeted)
7. Attend design coordination meetings, as required (8 one-hour meetings budgeted)
BID/NEGOTIATION PHASE SERVICES
1. Attend Prebid meeting, if necessary.
2. Respond to contractor questions.
3. Prepare addenda information as required.
CONSTRUCTION PHASE SERVICES
1. Attend preconstruction meeting, if necessary.
2. Contract administration related to IMEG scope of work including:
a. Answer contractor questions and Requests for Information (RFIs).
3. Review Project submittals for items requested in the contract documents.
4. Conduct three (3) site visits during construction and one (1) final job site observation at the end of the construction period and prepare construction observation report(s).
5. Prepare record documents based upon contractor-supplied as-installed documents, with no additional verification.
ASSUMPTIONS
1. The project will be awarded as a single prime contract for construction. Phased design and/or issue of early documents are not required.
2. The City will distribute bidding documents and prepare and administer the contract, including front end specifications, for construction.
3. San Bernardino County Flood Control District will accept the replacement of Cross Street bridge at its current elevation with the understanding that vertical clearance requirements (11’ from channel bed to bridge soffit) of the future channel improvements will not be satisfied.
4. The existing gas line will be relocated by Southern California Gas Company prior to construction of the new bridge. A gas utility plan prepared by IMEG will not be required.
5. The Utility Plan is limited to affected sanitary sewer facilities and to coordinate the location of the new 8” water line. A separate plan set will be prepared for the new 8” water line per San Bernardino Municipal Water Department (SBMWD) standards and requirements.
6. The new 8” water line alignment will be based on the location of water valves determined by SBMWD which will be based on the limit of construction determined by IMEG.
7. PS&E deliverables will be submitted to the City’s contracted representative electronically.
8. The City’s contracted representative will coordinate and submit deliverables for the processing and approvals of applicable construction permits.
9. Agency review is limited to City of San Bernardino Public Works, SBMWD, and San Bernardino County Flood Control District. Changes to the plans as a result of reviews by agencies not listed above will be prepared under a separate agreement.
10. If required by the City, an ADA compliant path-of-travel will be provided and limited to the new bridge.
11. The new bridge will not be required to be designed to Caltrans standard width.
12. A Water Quality Management Plan is not anticipated and excluded.
13. A hydrology and hydraulic analysis for the existing channel is excluded.
14. Drainage studies are excluded.
15. All services not listed in scope of services above are excluded.
COMPENSATION
Services Fee
Topographic Survey $15,000
Geotechnical $17,400
Planning/Design Phase $125,000
Bid/Negotiation Phase $5,200
Construction Phase $10,300
Contingency $17,290
Total Fixed Fee $190,190
PROJECT CONTINGENCY
1. IMEG will include 10% contingency to the above-mentioned service fees. Reimbursable expenses remain as stated in our original agreement.
SERVICES NOT INCLUDED
1. Revising IMEG design documents as a result of equipment lead times or supply chain delays.
2. Revisions as a result of value engineering or negotiating construction cost/scope with contractors after documents are complete.