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Home My WebLink AboutAGENDA REPORT 2020 0408 SPC CC ITEM 10MCITY OF MOORPARK,  CALIFORNIA City Council Meeting of April 8, 2020 ACTION Approved staff recommendation. BY B.Garza. M. Consider Amendment No. 3 to RJR Engineering Group, LLC for Landscape Submittal Review and Construction Site Observations for the Metrolink South Parking Lot Entry Project. Staff Recommendation: Authorize the City Manager to sign Amendment No. 3 to the Agreement with RJR Engineering Group, LLC, for landscape architectural submittal review and additional landscape inspection services in the amount of $2,500 and add a 10% contingency in the amount of $9,094.09 for a revised total Agreement not-to-exceed amount of $100,035.05, subject to final language approval of the City Manager. (Staff: Shaun Kroes) Item: 10.M. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Shaun Kroes, Program Manager DATE: 04/08/2020 Special Meeting SUBJECT: Consider Amendment No. 3 to RJR Engineering Group, LLC for Landscape Submittal Review and Construction Site Observations for the Metrolink South Parking Lot Entry Project BACKGROUND and DISCUSSION On December 18, 2020, City Council awarded a bid to United Construction & Landscape Inc. (United) for a total contract value of $349,800 for construction of the Metrolink South Parking Lot South Entry Project (MPK 19-02). City Council also approved amending the design consultant’s, RJR Engineering, (RJR) Agreement for engineering/inspection services while the project is under construction. During review of United’s submittals, City staff determined that it was necessary for RJR to add an additional scope of service to include RJR’s landscape architect to provide submittal review as well as additional construction observation site visits once construction is underway. The landscape architect has provided an additional services proposal in the amount of $2,500.00. Staff is also proposing to add a 10% contingency to RJR’s Agreement in the amount of $9,094.09. FISCAL IMPACT The project cost breakdown is provided in Table 1 on the follow page. Item: 10.M. 179 Honorable City Council 04/08/2020 Special Meeting Page 2 Table 1: Project Expenditure Breakdown TSM 2001-311-C0029-55300 P rofessional Services 108,258$ (47,936)$ RJR (Amendment No. 2) (58,385)$ Phoenix Balance 1,937$ TDA/FTA 2414-311-C0029-55200 Infrastructure 362,351$ (279,840)$ United - FTA Portion (23,475)$ United - TDA 8c (local match) (1,502)$ Misc (attorney & advertising) (11,594)$ RJR Amendment No. 3 Balance 45,940$ STA 2413-311-C0029-55200 Infrastructure 45,903$ (45,903)$ United - (Local Match) Balance -$ TSM 2001-311-C0029-55200 Infrastructure 2,000$ (582)$ United - (Local Match) Balance 1,418$ The increase of $11,594.09 will be funded with Transportation Development Act Article 8c Fund (2414) and will be absorbed by the Project’s current budget. COUNCIL GOAL COMPLIANCE This action in consistent with City Council Strategy 5, Goal 5, Objective 1 (5.5.1): Complete the south Metrolink parking lot. STAFF RECOMMENDATION Authorize the City Manager to sign Amendment No. 3 to the Agreement with RJR Engineering Group, LLC, for landscape architectural submittal review and additional landscape inspection services in the amount of $2,500 and add a 10% contingency in the amount of $9,094.09 for a revised total Agreement not-to-exceed amount of $100,035.05, subject to final language approval of the City Manager. Attachment: RJR Engineering Group, LLC Amendment No. 3. 180 AMENDMENT NO. 3 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND RJR ENGINEERING GROUP, LLC FOR FINAL DESIGN OF THE METROLINK SOUTH PARKING LOT ENTRANCE This Amendment No. 3 to the Agreement between the City of Moorpark, a municipal corporation (“City”), and RJR Engineering Group, LLC, a limited liability company (“Consultant”), for professional design services (“Agreement”), is made and entered into on this ___ day of ____________________, 2020. RECITALS WHEREAS, on April 8, 2016, the City and Consultant entered into an Agreement to have the Consultant provide professional design services for final design of the Metrolink South Parking Lot second entrance; and WHEREAS, on September 8, 2017, Amendment No. 1 was executed, adding additional design work and additional landscape architectural services and increased the Consultant’s not-to-exceed amount by an additional six thousand seven hundred forty-four dollars and ten cents ($6,744.10) for a total contract value of forty-eight thousand eight hundred seventy-four dollars and eight cents ($48,874.08); and WHEREAS, Consultant completed design of the Metrolink South Parking Lot second entrance with a remaining balance of eight thousand three hundred sixty-nine dollars and twelve cents ($8,369.12); and WHEREAS, City awarded a construction contract to United Construction & Landscape Inc. on December 18, 2019; and WHEREAS, on February 19, 2020, Amendment No. 2 was executed, adding resident engineer and inspection services and increasing the Consultant’s not-to- exceed amount by an additional thirty-nine thousand five hundred sixty-six dollars and eighty-eight cents ($39,566.88) for a total not-to-exceed amount of eighty-eight thousand four hundred forty dollars and ninety-six cents ($88,440.96); and WHEREAS, during review of United Construction and Landscape Inc. submittals, Consultant and City determined it was necessary to include Consultant’s landscape architect’s services for submittal review and construction observation site visits as detailed in Consultant’s landscape architect provided Proposal dated March 18, 2020, which is attached hereto as Exhibit F, in the amount of two thousand five hundred dollars ($2,500.00), and City and Consultant also desire to add a ten percent (10%) contingency in the amount of nine thousand ninety-four dollars and nine cents ($9,094.09), for a revised total not-to-exceed amount of one hundred thousand thirty- five dollars and five cents (100,035.05); and 181 ATTACHMENT WHEREAS, the City and Contractor now desire to amend the Agreement to increase the compensation for services to be performed by Contractor from eighty-eight thousand four hundred forty dollars and ninety-six cents ($88,440.96) by a value of eleven thousand five hundred ninety-four dollars and nine cents ($11,594.09) including a ten percent (10%) contingency of nine thousand ninety-four dollars and nine cents ($9,094.09) for a total contract value of one hundred thousand thirty-five dollars and five cents ($100,035.05), and document said agreement to amend by jointly approving Amendment No. 3 to the Agreement. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: I. Section 2, SCOPE OF SERVICES, is amended by replacing this section in its entirety as follows: “City does hereby retain Consultant, as an independent contractor, in a contractual capacity to provide professional engineering services, as set forth in Exhibit C, D, E and F. In the event there is a conflict between the provisions of Exhibit C, D, E and F and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibit C, D, E and F. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit C, D, E and F. Compensation for the services to be performed by Consultant shall be in accordance with Exhibit C, D, E and F. Compensation shall not exceed the rates or total contract value of one hundred thousand thirty-five dollars and five cents ($100,035.05), which includes a ten percent (10%) contingency in the amount of nine thousand ninety-four dollars and nine cents ($9,094.09) without a written Amendment to the Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement.” II. Section 5, PAYMENT, is amended by replacing Paragraph 2 of Section 5 in its entirety as follows: “The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit C, D, E and F, based upon actual time spent on the above tasks. This amount shall not exceed a total contract value of one hundred thousand thirty-five dollars and five cents ($100,035.05), which includes a ten percent (10%) contingency in the amount of nine thousand ninety-four dollars and nine cents ($9,094.09) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.” III. Remaining Provisions: Except as revised by this Amendment No. 3, all of the provisions of the Agreement shall remain in full force and effect. Amendment No. 3 to Agreement between City of Moorpark and RJR Engineering Group, LLC. Page 2 182 In W itness W hereof, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF MOORPARK RJR ENGINEERING GROUP, LLC _______________________________ _______________________________ Troy Brown City Manager Robert Anderson President Attest: _______________________________ Ky Spangler City Clerk Amendment No. 3 to Agreement between City of Moorpark and RJR Engineering Group, LLC. Page 3 183 Amendment No. 3 to Agreement between City of Moorpark and RJR Engineering Group, LLC. Page 4 184 Amendment No. 3 to Agreement between City of Moorpark and RJR Engineering Group, LLC. Page 5 185