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Home My WebLink About14 C35520E Amendment No. 2 - Southstar Engineering 691-16Contract No. C35520E MEETING DATE: PREPARED BY: REQUEST: Recommendation STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT August 26, 2021 Randy Bowman, Deputy Director of Public Works Approve Amendment No. 2 to Contract C35520E with Southstar Engineering & Consulting, Inc. of Riverside, California, for construction management services in an amount not to exceed $150,000 for San Pablo Avenue Phase 1 Streetscape Improvements (Project No. 691-16). By Minute Motion: 1) Approve Amendment No. 2 to Contract C35520E with Southstar Engineering & Consulting, Inc. of Riverside, California, for construction management services in an amount not to exceed $150,000; 2) Authorize the transfer of $150,000 from the remaining contingency amount for the project from Contract No. C35520C to Contract C35520E; and 3) Authorize the Mayor to execute the amendment. Funds are available in the contingency set aside for the project under Contract No. C35520C in Measure A Funds, Account No. 2134342-4400100. Strategic Plan The improvements to the San Pablo Corridor fulfill priorities identified in the City's Strategic Plan, including the following: • Tourism and Marketing — Priority 1: "Improve access to Palm Desert and its attractions to enhance the ease of lifestyle." • Transportation — Priority 1: "Create walkable neighborhoods and areas within Palm Desert that would include residential, retail, services and employment centers, and parks, recreation and open space to reduce the use of low occupancy vehicles." • Transportation — Priority 3: `De-emphasize single/low-occupancy vehicles and optimize modes of travel (bus, carpool, golf -cart, bicycle and pedestrian)." • Land Use - Priority 4: "Create a mixed -use city core integrating shopping, dining, lodging, and housing." Background Analysis At its May 13, 2019 meeting, the City Council awarded Contract No. C35520E in an amount of $830,773.04 to Southstar Engineering & Consulting, Inc. of Riverside, California, for professional August 26, 2021 - Staff Report Authorize Amendment No. 2 to Contract No. C35520E Page 2 of 3 engineering, landscape architecture and design services for the San Pablo Avenue Phase 1 Streetscape Improvements Project. The City Council also set aside 20% contingency for the contract and authorized the City Manager to review and approve written requests for the use of the contingency. On July 19, 2020, the City Manager authorized Contract Amendment No. 1 in the amount of $160,641.82 for additional construction management services. The project completion had been extended to July, 2020 due to unforeseen conflicts during construction from utility coordination issues, design changes for various reasons, and delays due to COVID19. The funds for Contract Amendment No. 1 have been expended. Since July, 2020, the construction manager has been assisting the City in closing out the project, and with reviewing potential claims from the contractor. The contractor has now requested mediation to resolve the claims, which is being coordinated through the City Attorney. The requested second contract amendment reimburses the construction manager for unforeseen costs arising from the review of the potential contractor claims and sets aside additional funds for the construction manager to assists the City in resolving the potential contract claims. The project contingency authorized by the City Council with the award of the construction contract on April 25, 2019 is in the amount of $1,588,232. As reported to the City Council on May 13, 2021 with the Notice of Completion, a total of $748,597 in construction change orders were paid, leaving a balance of $839,634 in the construction contingency. The contract amendment for the construction manager is requested to be paid from the remaining project contingency. With approval of the proposed contract amendment, the remaining contingency will be $689,634. The City and Granite Construction Company are negotiating two claims related to the project. Once the negotiations are concluded, the City Council will be presented with the settlement and a final contract amendment for the construction manager for any final costs rendered during claim settlement negotiations. Fiscal Analysis The proposed contract amendment is proposed to be paid from the remaining construction contingency, therefore there is no impact to the General Fund. A recap of total project costs to date follows: Project Element Vendor Land Surveying, Mapping and Utility Research Right of Way Survey Professional Engineering Construction Management Material Testing and Inspection Michael Baker International Dokken Engineering Southstar Engineering Leighton Consulting Funding Source MSA Consulting Capital Bond Fund Capital Bond Fund Capital Bond Fund Measure A Measure A Amount $72,821.00 $49,800.00 $905,415.00 $991,414.86 $56,446.00 August 26, 2021 - Staff Report Authorize Amendment No. 2 to Contract No. C35520E Page 3 of 3 Project Element Construction Construction Management — Contract Amendment No. 2* Vendor Granite Construction Company Southstar Engineering * Bolded amount is the subject of this request. LEGAL REVIEW Approved as to Form DEPT. REVIEW NIA Robert W. Hargreaves City Attorney Funding Source Capital Bond Funds Measure A Drainage Facility Fund Gas Tax Park Fund Recycling Fund Construction Subtotal Measure A Total FINANCIAL REVIEW .Andy Firestine 2x fi vo Andy Firestine Assistant City Manager City Manager: L. Todd Hileman: CONSULTANT: ATTACHMENTS: For Janet M. Moore Director of Finance L. Todd 1-tilevu.aw Southstar Engineering 1945 Chicago Avenue, Unit C Riverside, CA 92507 1) Amendment No. 2 CITY COUNCIL ACrTION APPROVED �`// DENIED RECEIVED OTHER Amount $4,290,398.62 $1,751,291.84 $1,011,555.00 $1,382,947.75 $118,357.25 $132,000.00 $8, 686, 550.46 $150,000 $10,912,447.32 ASSISTANT CITY MANAGER .Andy Firestine Andy Firestine Assistant City Manager MEETING DATE , (A • 2-1.1 .2-- li (2-1 211 AYES:+1AYlrtli�-, �jnnot ht4r": N`pSt(4Y�c 'Qt Nuotte lrli(t,4' flV. NOES. Nit —YIP ABSENT: ND n e. ABSTAIN, N ilYlW VERIFIED BY• NI al- , S Y.S Original on File with City Clerk's Office CONTRACT NO. C35520E AMENDMENT NO. 2 TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND SOUTHSTAR ENGINEERING & CONSULTING, INC. Contract No. C35520E 1. Parties and Date. This Amendment No. 2 to the PROFESSIONAL CONSULTANT SERVICES AGREEMENT is made and entered into as of this 26TH day of August, 2021, by and between the City of Palm Desert ("City") and SOUTHSTAR ENGINEERING & CONSULTING, INC., a California Corporation with its principal place of business at 1945 Chicago Avenue, Unit C, Riverside, CA 92507 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Agreement. The City and KOA Corporation have entered into an agreement entitled "PROFESSIONAL CONSULTANT SERVICES AGREEMENT" dated May 28, 2020 ("Agreement" or "Contract") for the purpose of retaining the services of Consultant to provide certain professional services. 2.2 Amendment. The City and Southstar Engineering & Consulting, Inc. desire to amend the Agreement for additional professional services related to the San Pablo Phase 1 Streetscape Improvements project in the amount of up to $150,000. The Parties have heretofore entered into that Amendment No. 1 dated July 19, 2020. 2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.5.14 of the Agreement. 3. Terms. 3.1 follows: Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as "The term of this Agreement shall be from May 23, 2019 to June 30, 2022, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines." 3.2 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows: "Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the rate sheet provided by the Consultant. The total compensation shall not exceed One Million One Hundred Forty One Thousand Four Hundred Fourteen and 86/100 ($1,141,414.86) without authorization of the City Council or City Manager, as applicable, per the Palm Desert Municipal Code. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement." Page 1 of 5 72500.00001 \32445060.1 (Revised 10-06-20) CONTRACT NO. C35520E 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term "Agreement" or "Contract" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. 3.4 Adeauate 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 Amendment No. 2. 3.5 Severabilitv. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6 Counterparts. This Amendment No. 2 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. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 5 72500.00001 \32445060.1 (Revised 10-06-20) CONTRACT NO. C35520E SIGNATURE PAGE FOR AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND SOUTHSTAR ENGINERING & CONSULTING, INC. IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to the PROFESSIONAL CONSULTANT SERVICES AGREEMENT as of the day and year first above written. CITY OF PALM DESERT Approved By: KATHLEEN KELLY MAYOR Attested By: NORMA I. ALLEY, CITY CLERK Approved As To Form: By: Best Best & Krieger LLP City Attorney Reviewed By: ANDY FIRESTINE ASSISTANT CITY MANAGER SOUTHSTAR ENGINERING & CONSULTING, INC. Signature Name Title Signature Name Title Page 3 of 5 72500.00001 \32445060.1 (Revised 10-06-20) CONTRACT NO. C35520E Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On . 20, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER Individual Corporate Officer Partner(s) Title(s) ❑ Limited General ❑ Attorney -In -Fact • Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Page 4 of 5 DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above 72500.00001 \32445060.1 (Revised 10-06-20) CONTRACT NO. C35520E Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On . 20, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER Individual Corporate Officer Partner(s) Title(s) Limited General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Page 5 of 5 DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above 72500.00001 \32445060.1 (Revised 10-06-20) CONTRACT NO. C35520E EXHIBIT "A" SCOPE OF SERVICES, SCHEDULE OF SERVICES, AND COMPENSATION Page A-1 72500.00001 \32445060.1 (Revised 10-06-20) jAi 'SOUTHSTAR " ENGINEERING Exhibit "A" 8/6/2021 COST PROPOSAL WORKSHEET COMPANY: Southstar Engineering PROJECT: SAN PABLO AVENUE PHASE 1 STREETSCAPE IMPROVEMENTS DIRECT LABOR (SCOPE OF WORK Construction Management DATE 1REVISION July 1, 2021 MILESTONE/PHASE/PROJECT SUMMARY: Post construction / claim resolution PERSONNEL Jason Bennecke, PE, MBA, PMP Amr Abuelhassan, PE, MS, QSD Philip Hannawi, PE, QSD Tyler Garrison Mohamed Hegab OVERHEAD RATE OTHER COSTS l FUNCTION PIC/Project Manager RE/CM ARE/Utilities Coordinator/OE Roadway/Special Inspection Claims Specialist OVERHEAD 115.18% TOTAL HOURS HOURS l RATE l AMOUNT 16 $109.20 $1,747 55 $109.20 $6,006 20 $88.81 $1,776 10 $61.00 $610 30 $80.27 $2,408 131 1 $12,548 TOTAL OVERHEAD' $14,452 ITEM Invoice - November 2020 Invoice - December 2020 Invoice - January 2021 Invoice - February 2021 Invoice - March 2021 Invoice - April 2021 Invoice - May 2021 Invoice - June 2020 (estimated) Other services as required / mediation SUBCONSULTANT'S COST QUANTITY 1 1 1 1 1 1 1 1 1 2 UNIT I UNIT COST 1 AMOUNT I LS $45,885 $45,885 LS $9,966 $9,966 LS $6,949 $6,949 LS $4,414 $4,414 LS $4,283 $4,283 LS $8,288 $8,288 LS $13,527 $13,527 LS $1,809 $1,809 LS $25,180 $25,180 $0 TOTAL OTHER DIRE 6,T EXPENSES' $120,301 COMPANY None FEES FIXED FEE 10% HOURS AMOUNT TOTAL SUBCONS LTANTS COST $2,699.97 TOTAL FEEL_ ADMIN (5%) REMAINING BUDGET $0 $2,700 $0 $0 TOTAL REMAINING PROJECT COST FOR AMENDMENT NO. 2: $150,000 Respectfully Submitted, Jason Bennecke, PE, MBA, PMP Principal / Project Manager Page 1 Project Cost Proposal