HomeMy WebLinkAboutA5701 - DOKKEN ENGINEERING AMENDMENT NO. 1 AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT
SOUTH PALM CANYON DRIVE LOW WATER CROSSING
BRIDGE REPLACEMENT AT ARENAS CANYON SOUTH
City Project 06-18
Federal Project BR-NBIL (502)
This Amendment No. 1 to the C ntract Service��,A�Bement (A5701), ("Amendment No.
2"), is made and entered into this � day of 11 c l , 2020, by and between the
CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City') and
Dokken Engineering, a California corporation, ("Contractor"). City and Contractor are individually
referred to as "Party" and are collectively referred to as the "Parties".
RECITALS
WHEREAS, on July 16, 2008, the City Council approved that certain Contract Services
Agreement with Dokken Engineering for professional services related to the South Palm Canyon
Drive Low Water Crossing Bridge Replacement at Arenas Canyon South, City Project 06-18,
Federal Project BR-NBIL (502), (the "Project"); and
WHEREAS, on City has determined that there is a need for additional professional
services related to the Project; and
WHEREAS, the Parties wish to enter into this Amendment No. 1 to provide the City with
the requested additional professional services.
NOW, THEREFORE, in consideration of these promises and mutual obligations,
covenants, and conditions; the Parties agree as follows:
AGREEMENT
'SECTION 1.The true and correct recitals above are incorporated by this reference herein
as the basis for this Amendment No. 1.
SECTION 2. Section 1.1 Scope of Services of the Agreement is hereby amended as
follows:
The additional services identified in the Contractor's letter dated April 20, 2020, included
herewith as Attachment 1, are hereby incorporated into Exhibit "A' of the Agreement.
SECTION 3. Section 2.1 Contract Sum of the Agreement is hereby amended as follows:
The Contract Sum is increased by $112,500 to $794,054.
Exhibit "C" is hereby amended to incorporate the additional services, as identified on the
revised Exhibit"C" included herewith as Attachment 2.
SECTION 4. Section 8.3 Covenant Against Discrimination of the Agreement is hereby
replaced in its entirety to read:
8.3 Covenant Against Discrimination. In connection with its performance under this
Agreement, Contractor shall not discriminate against any employee or applicant for employment
because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national
origin (Le., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity),
sexual orientation, gender identity, gender expression, physical or mental disability, or medical
condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and
that employees are treated during their employment, without regard to any prohibited basis. As
a condition precedent to City's lawful capacity to enter this Agreement, and in executing this
Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate
any discrimination arising from or related to any prohibited basis in any Contractor activity,
including but not limited to the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship; and further, that Contractor
is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040,
including without limitation the provision of benefits, relating to non-discrimination in city
contracting.
SECTION 5. Full Force and Effect. All terms, conditions, and provisions of the Contract
Services Agreement(A5701), unless specifically modified herein, shall continue in full force and
effect. In the event of any conflict or inconsistency between the provisions of this Amendment
No. 1 and any provisions of the Contract Services Agreement (A5701), the provisions of this
Amendment No. 1 shall in all respects govern and control.
SECTION 6. The persons executing this Amendment No. 1 on behalf of the Parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this
Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and
(iv)the entering into this Amendment No. 1 does not violate any provision of any other agreement
to which said Party is bound.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Parties have executed this Amendment No.1 as of the dates
stated below.
"CITY"
City of ZPa7gs
Date: �By:
Marcus L. F Iler,
Acting City Manager
APPROVED AS TO FORM: ATTEST:
By: Q 4V U !� By: n o 2(5 20
Jcrey S. 13ilhfTger, Wthony J M jia,
City Attorney City Clerk
"CONTRACTOR"
Dokken Engineering, a California corporation
Date: 992 a2--V By:
Signature
,(��� J/� Printed Name/Title 1i 0
Date: /V7""�' 2A� By: &d�
ignature
Printe'd Name/Tit e
Check one: _Individual _Partnership _Corporation
Corporations require two notarized signatures: One signature must be from Chairman of Board,
President, or any Vice President. The second signature must be from the Secretary, Assistant
Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.
APPROVED By CRY COUNCIL
9 �-2.0
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
An otary public or other officer completing this certificate verifies only the identity of
- they who signed the documentt0 which this certificate is attached,and not
the truthfulness,accuracy,or validity of that document.
State of California )
County of yLILYGtYY�2Y1i U )
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On '4l�R 2-02-0 before me, 1 WMV Q— Sm4A-) . NODIVk PUNIc
(here insert name and title of the offi e)
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personally appeared t7 chayCi, �p3OCk and �-zrGi t)0 tC h
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who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/Wsubscribed to )
the within instrument and acknowledged to me that WI5We/they executed the same in >d/Wr/their
authorized capacity(ies), and that by fs/br/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 R
State of California that the foregoing paragraph is true and correct.
AMBER ROSE SMITH P
COMM. #2311257 z
WITNESS my and and official seal. $ m Notary Public-California o
z Sacramento County
my Comm.E fires Nov.2,2023
Signatu e
(Seal)
Optional Information
Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgment to an
unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding K Certificate of Acknowledgment is attached to a document Method of Signer Identification
titled/for the purpose of AmQ.y)AY)1\en-I No• 1 " �0y*V �C-')'- Prow�e</tome on the basisorm(s)of identification satisfactory evidence:
n credible witness(es)
SRM&, A0YOtWN&Ik S. Palm 6Ampn Dy. Notarial event is detailed in notary journal on:
containing$ pages,and dated Page Entry#
The signer(s) capacity or authority is/are as: Notary contact:
❑ Individual(s) Other
❑ Attorney-in-Fact (' ❑t,ffl\` and
Corporate Officer(5) 11&0 a Id C Additional Signer(s) ❑ Signer(s)Thumbprint(s)
Title(s) ❑
❑ Guardian/Conservator
❑ Partner-Limited/General
❑Trustee(s)
❑ Other:
representing:
Name(s)of Persons)or Entlty(fes)Signer is Representing
0 Copyright 2007-2018 Notary Rotary,PO Box 41400,Des Moines,IA 5031J-0507. All Rights Reserved. Item Number 101772, Please contact your Authorized Reseller to purchase copies of this form.
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Contractor
shall be made no more frequently than monthly, and shall be based on lump sum costs per task item of work
as indicated herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or
pro-rata portions thereof noted below, to a maximum of 75% of the lump sum task item fee until completion
of such task item as determined by the Contract Officer. Each request for payment shall contain Contractor's
statement of the work or tasks completed or portion performed, with supporting documentation. The
determination of payment due shall be made based upon the reasonable judgment of the Contract Officer.
Previous This New Task
Task Total Amendment Total
PHASE 1 - PRELIMINARY ENGINEERING AND STUDIES
Task 1.0, Project Management
Task 1.1, Project Meetings $17,892.00 $17,892.00
Task 1.2, Proiect Report $2,080.00 $2,080.00
Task 2.0, Planning and Project Development
Task 2.1, Research and Data Gathering $3,136.00 $3,136.00
Task 2.2, Surveys $25,248.00 $25,248.00
Task 2.3, Hydraulic& Scour Report $12,240.00 $12,240.00
Task 3.0, Preliminary and Concept Plans
Task 3.1, Geometric Approval Drawings $7,680.00 $7,680.00
Task 3.2, Right-of-Way Investigations $9,560.00 $9,560.00
Task 3.3, Structure Type Selection $6,020.00 $6,020.00
Task 3.3, Proiect Report $3,704.00 $3,704.00
Task 4.0, Environmental Approval
Task 4.1, Preliminary Environmental Study(PES) Form $7,096.00 $7,096.00
Task 4.2(a), Biological Resources $10,440.00 $10,440.00
Task 4.2(b), Cultural Resources $23,272.00 $23,272.00
Task 4.2(c), Air Quality Report $10,112.00 $10,112.00
Task 4.2(d), Noise Analysis $12,112.00 $12,112.00
Task 4.2(e), Section 4f Analysis $6,568.00 $6,568.00
Task 4.2(f), Initial Site Assessment(ISA) $7,236.00 $7,236.00
Task 4.2(g), Water Quality Assessment $6,456.00 $6,456.00
Task 4.2(h), Location Hydraulic Study $5,280.00 $5,280.00
Task 4.2(i), Floodplain Evaluation Report $20,560.00 $20,560.00
Task 4.20), Biological Assessment(optional) $13,112.00 $13,112.00
Task 4.2(k), Section 7 Consultation (optional) $11,696.00 $11,696.00
Task 4.2(I)(1), Focused Survey-Casey's June Beetle (optional) $7,500.00 $7,500.00
Task 4.2(I)(2), Focused Survey—Burrowing Owl (optional) $6,600.00 $6,600.00
Task 4.2(I)(3), Focused Survey—Ground Squirrel (optional) $7,500.00 $7,500.00
Task 4.2(m), Archaeological Phase 1.5 Testing (optional) $42,600.00 $42,600.00
Task 4.3, Environmental Document
Task 4.3(a), Draft Environmental Document $40,488.00 $40,488.00
Task 4.3(b), Respond to Comments/Obtain Approval $6,336.00 $6,336.00
Task 4.3(c), Mitigation Monitoring Plan $2,376.00 $2,376.00
Task 4.3(d) Final Administrative Record $10,688.00 $2,376.00
Phase 1 Subtotal $345,588.00 $345,588.00
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Previous This New Task
Task Total Amendment Total
PHASE 2- CIVIL ENGINEERING DESIGN
Task 1.0, Final Design Reports and Studies
Task 1.1, Geotechnical Design Report $53,100.00 $53,100.00
Task 1.1, Right-of-Way Services $35,000.00 $35,000.00
Task 2.0, Plans, Specifications & Estimate (PS&E)
Task 2.1, Utility Coordination $15,664.00 $15,664.00
Task 2.2, 35% Details $68,900.00 $68,900.00
Task 2.3, 60% Details $57,840.00 $57,840.00
Task 2.4, 95% PS&E $64,950.00 $64,950.00
Task 2.5, 100%PS&E& ROW Support $23,136.00 $60,000.00 $83,136.00
Task 2.6, CLOMR/LOMR $7,760.00 $7,760.00
Task 2.7, Final Hydrology Analysis $10,000.00 $10,000.00
Task 2.8, Final Design Revisions $15,000.00 $15,000.00
Task 3.0, Environmental Permitting
Task 3.1a, Section 1602 Streambed Alteration Agreement $6,944.00 $6,944.00
Task 3.2, Photographic Renderings $20,000.00 $20,000.00
Task 3.3, Final Design Presentation $7,500.00 $7,500.00
Task 4, Construction Bidding Phase Support $2,672.00 $2,672.00
Phase 2 Subtotal $335,966.00 $112,500.00 $448,466.00
Grand Total of Amended Contract $681,554.00 $112,500.00 $794,054.00
END OF EXHIBIT "C"