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Home My WebLink AboutCC AG PKT 2012-02-27 #JDATE: February 27, 2012 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean P. Crumby P.E., Assistant City Manager /Public Works SUBJECT: DESIGN AGREEMENT AMENDMENT NO. 2 FOR RIVER'S END STAGING AREA AND BIKEWAY ENHANCEMENT PROJECT NO. BP0901. SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6228 approving Amendment No. 2 to Agreement to RBF Consulting for additional design, permitting, as- built, and construction support services in the amount of $88,348. BACKGROUND AND ANALYSIS: AGENDA STAFF REPORT At the November 11, 2007 City Council Meeting, Council authorized the City Manager to sign an agreement with the Rivers and Mountains Conservancy (RMC). This agreement provides $2,000,000 to the City to provide enhancements to portions of the San Gabriel River trail system. Some of these enhancements include; a new paved surface for the bike trail, new pavement for the terminus of the River Trail at 1 Street and Ocean Avenue, seating, bike racks, redesigned parking with new landscaping and lighting and restroom upgrades. The majority of the grant funds are set to expire by the end of the Fiscal Year 2011/2012. At the October 13, 2008 City Council Meeting, Council authorized the City to enter into an agreement with RBF Consulting for $240,032 to provide construction drawings and specifications, environmental documentation and to secure necessary permits. At the September 26, 2011 City Council Meeting, Council approved Amendment No. 1 authorizing an additional $31,620 to prepare a Coastal Commission Permit application. Agenda Item J This agenda item request is for an additional $88,348 to the consultant, RBF for the following services: 1. Additional design and redesign work for bathroom remodeling 2. Additional environmental clearance permitting work 3. Geotechnical investigations 4. Prepare final as -built plans 5. Construction support services which includes submittal review, site meetings with contractors, design modifications due to changed field conditions and technical support during construction The above additional services are needed to redesign the plans to satisfy the Coastal Commission permit requirement and lower the construction cost. The awarded construction amount to the lowest bidder was $1,629,000. After award of the construction contract, some items were deleted to remain within the $2,000,000 budget and not impact the General Fund. ENVIRONMENTAL IMPACT: This project complies with all requirements of the California Environmental Quality Act (CEQA). A Mitigated Negative Declaration document was prepared for the project and approved under Resolution #6111 on February 14, 2011. LEGAL ANALYSIS: The City Attorney has reviewed and approved the City's standard Design Professional Services Agreement. FINANCIAL IMPACT: This project is funded through the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50) and administered to the City by the RMC. The City was awarded grants funds of $2,000,000 for design, construction, and inspection cost. There is no City match requirement. This agenda item is requesting an additional $88,348 for the consultant, RBF. If approved the estimated total project cost are as follows: Design, Construction Management and permitting $360,000 Inspection $40,000 Construction $1,600,000 $2,000,000 The grant funds are sufficient to complete this project. Page 2 RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 6228 approving Amendment No. 2 to agreement with RBF Consulting for additional Coastal Commission permitting submission requirements in the amount of $88,348. SUBMITTED BY: Sean P. Crumby, P.E. Assistant City Manager /Publ c Works Prepared by: David Spitz, Associate Engineer Attachments: A. Resolution No. 6228 B. RBF - Amendment No. 2 Page 3 NOTED AND APPROVED: . Ingram, Cit ager THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves that certain Amendment No. 2 to the agreement between the City and RBF Consulting, dated October 13, 2008, adding an additional $88,348 for additional design, permitting, as -built and construction support services. SECTION 2. The City Council hereby authorizes and directs the City Manager to execute the amendment on behalf of the City. SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of February, 2012 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6228 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 27th day of February, 2011. City Clerk RESOLUTION NUMBER 6228 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AMENDMENT NO. 2 TO THE AGREEMENT WITH RBF CONSULTING FOR PROFESSIONAL SERVICES FOR THE RIVER'S END STAGING AREA & BIKEWAY ENHANCEMENT PROJECT NO. BP0901 Mayor AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT FOR SAN GABRIEL RIVER BIKEWAY & RIVER'S END STAGING AREA IMPROVEMENTS Between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & RBF Consulting 14725 Alton Parkway Irvine, CA 92618 This Amendment No. 2 dated February 27, 2012, amends that certain agreement ( "Agreement ") between the City of Seal Beach, a California charter city ( "City ") and RBF Consultant ( "Consultant ") dated October 13, 2008, as previously amended by Amendment No. 1 dated September 26, 2011. WHEREAS, City and Consultant entered into the Agreement on October 13, 2008 under which Consultant has provided professional services in connection with the design and environmental review of the Rivers End Bikeway Improvements and Staging Enhancement project ( "Project); and WHEREAS, City and Consultant amended the Agreement on September 26, 2011 to provide for additional services necessitated by California Coastal Commission conditions and requirements and to increase Consultant compensation by $31,621 to compensate Consultant for such additional services (Amendment No. 1); and WHEREAS, due to shortage of funding, the City has requested that Consultant modify the Project; and WHEREAS, the parties wish to further amend the Agreement to increase Consultant compensation by $88,348 to compensate Consultant for such additional services required in connection with modifying the Project. NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 1.0 (Scope of Services) of the Agreement is hereby amended to read as follows: "1.0 Scope of Services RECITALS 1.1. Consultant shall provide those services ( "Services ") set forth in the attached Exhibit A. 1.2. Consultant shall provide those additional services ( "September 2011 Additional Services ") set forth in the attached Exhibit B. 1.3. Consultant shall provide those additional services ( "February 2012 Additional Services ") set forth in the attached Exhibit,C. 1.4. Consultant shall perform all services under this Agreement, as amended, in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to the City. 1.5. In performing this Agreement, as amended, Consultant must comply with all applicable provisions of federal, state, and local law. 1.6. Consultant will not be compensated for any work performed not specified in Exhibits A -C unless the City authorizes such work in advance and in writing. The City Manager may authorize payment for such work up to a cumulative maximum of $10,000. Payment for additional work in excess of $10,000 requires prior City Council authorization." Section 2. Section 3.0 (Compensation) of the Agreement is hereby amended to read as follows: "3.0 Consultant's Compensation 3.1 City will pay Consultant in accordance with the fee schedule set forth in Exhibit A for services. In no event will the City pay more than: ® $240,032.00 for the services identified in Exhibit A o $31,621 for the additional services identified in Exhibit B • $88,348 for the additional services identified in Exhibit C 3.2Any additional work authorized by the City pursuant to Section 1.6 will be compensated in accordance with the rate schedule set forth in Exhibit A, Appendix A." Section 3. All other terms and provisions of the Agreement, as previously amended, shall have full force and effect. Section 4. The Council hereby authorizes the City Manager to execute on behalf of the City Amendment No. 2 to the certain agreement dated October 13, 2008 between the City and RBF Consulting as to the Project. Section 5. The Council hereby directs the City Clerk to attach Amendments Nos. 1 and 2 and Exhibits B and C to the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed and attested by their proper officers thereunto: CITY OF SEAL BEACH CONTRACTOR Jill Ingram, City Manager President or Vice President ATTEST: Linda Devine, City Clerk Vice President or Secretary APPROVED AS TO FORM: Quinn M. Barrow, City Attorney February 22, 2012 JN 10- 105896 Mr. David Spitz, P.E. Associate Engineer City of Seal Beach City Hall — 211 Eighth Street Seal Beach, CA 90740 Subject: Contract Amendment #2 Mr. Spitz: Per your request, we are providing the following fee addendum to provide additional design services for the San Gabriel River Bikeway and River's End Staging Area Improvements as described below: Architectural Design Services Initial Study /Mitigated Negative Declaration Geotechnical Investigation Pre - Construction Nesting Bird Clearance Survey Storm Water Pollution Prevention Plan Additional Construction Support Additional As -Built Drawing Preparation Please review to amend our current contract amount by a maximum additional $88,348. Sincerely, Je - y F = mini, PIfA #4514 Senior As ociate RBF Consulting H:\ pdata\ 101058961Admin \contrachAmendment No 2 RBF Scope.doc CONSULTING PLANNING • DESIGN • CONSTRUCTION 14725 Alton Parkway, Irvine, CA 92618 -2027 • P.O. Box 57057, Irvine, CA 92619 -7057 • 949.472.3505 • Fax 949.472.8373 Offices located throughout California, Arizona & Nevada • www.RBF.com